6-8B-56. Issuance of credit enhancement obligation--Conditions.
The governing body of any municipality or county may authorize the issuance of a credit enhancement obligation upon compliance with the requirements of this section and chapter 1-16A. The governing body shall find and determine that:
(1)The credit enhancement obligation will serve as a public purpose of such municipality or county by promoting the public health, welfare, or safety of residents of the municipality or county by permitting or assisting a qualified nonprofit corporation to borrow money at rates, for a term or in amounts not otherwise available to such corporation;
(2)The purpose of the borrowing by a qualified nonprofit corporation is to finance or refinance real or personal property or other costs incurred by or on behalf of a qualified nonprofit corporation for the purpose of providing hospital services within the State of South Dakota; and
(3)The reasonably anticipated revenues of the qualified nonprofit corporation and any other available amounts or revenues are expected to be sufficient to pay debt service when due with respect to bonds or other obligations to be secured by the credit enhancement obligation.
Source: SL 1992, ch 3, §5.
Structure South Dakota Codified Laws
Title 6 - Local Government Generally
Chapter 08B - Bonds of Local Public Bodies
Section 6-8B-2 - Election required for issuance.
Section 6-8B-3 - Resolution or ordinance declaring necessity of bond issue--Contents--Election.
Section 6-8B-4 - Notice of election.
Section 6-8B-7 - School, street, or utility improvements--Authorization of bonds.
Section 6-8B-8 - Issuance of bonds on approval by voters.
Section 6-8B-9 - Issuance, form, and terms of bonds.
Section 6-8B-10 - Public or private sale--Notice and procedure for public sale.
Section 6-8B-11 - Single issue of bonds separately approved.
Section 6-8B-12 - Interest rate.
Section 6-8B-13 - Disposition of proceeds.
Section 6-8B-14 - Negotiable investment security status.
Section 6-8B-15 - Powers as issuer of negotiable investment securities.
Section 6-8B-17 - Authentication of bonds--Signatures--Seal.
Section 6-8B-18 - Registration books--Disclosure of information.
Section 6-8B-19 - Information filed with secretary of state by issuer.
Section 6-8B-20 - Costs of issuance and sale.
Section 6-8B-21 - Signature by resident attorney.
Section 6-8B-22 - Invalidity of bonds without attorney's signature.
Section 6-8B-23 - Notice of redemption.
Section 6-8B-24 - Replacement of lost, stolen, or destroyed bonds.
Section 6-8B-25 - Tax exemption.
Section 6-8B-26 - Anticipation notes--When issuance authorized.
Section 6-8B-27 - Anticipation notes--Amount--Term.
Section 6-8B-28 - Anticipation notes--Payment--Issuance of bonds required--Exchange--Redemption.
Section 6-8B-29 - Anticipation notes--Bond provisions applicable.
Section 6-8B-30 - Refunding bonds without election--Purposes.
Section 6-8B-33 - Approvals required for refunding bonds of issuer divided into other public bodies.
Section 6-8B-34 - Refunding after detachment of land from issuer.
Section 6-8B-35 - Maximum amount of refunding bonds.
Section 6-8B-36 - Maximum aggregate indebtedness of issuer.
Section 6-8B-37 - Bonds not included in computation of aggregate indebtedness.
Section 6-8B-39 - Bonds payable from different sources--Refunding by single issue prohibited.
Section 6-8B-41 - Combinations subject to more than one debt limit prohibited.
Section 6-8B-42 - Issuance and sale of refunding bonds.
Section 6-8B-43 - Conclusiveness of determination that limitations have been met.
Section 6-8B-44 - Recital of authority for issuance--Incontestability after delivery for value.
Section 6-8B-45 - Exchange or sale.
Section 6-8B-46 - Disposition of proceeds of sale--Escrow.
Section 6-8B-47 - Escrow including other funds.
Section 6-8B-49 - Purchaser not responsible for application of proceeds.
Section 6-8B-50 - Disposition of accrued interest and premiums received on sale.
Section 6-8B-51 - Outstanding bonds unaffected.
Section 6-8B-52 - Chapter of full authority--Additional to other laws.
Section 6-8B-54 - Securities purchased for debt service fund limited.
Section 6-8B-55 - Definition of terms.
Section 6-8B-56 - Issuance of credit enhancement obligation--Conditions.
Section 6-8B-57 - Debt service reserve fund or credit facility.
Section 6-8B-60 - Form of covenants or pledges.
Section 6-8B-62 - Credit enhancement obligations irrepealable until fully paid.
Section 6-8B-63 - Determination by governing body on limitations conclusive absent fraud or abuse.
Section 6-8B-64 - Ad valorem taxes--Limit.
Section 6-8B-66 - Aggregate indebtedness of municipality or county--Limit--Calculation.
Section 6-8B-67 - Tax or revenue anticipation notes--Limit.
Section 6-8B-68 - Obligation subject to provisions of §§ 6-8B-9 to 6-8B-22, inclusive.
Section 6-8B-69 - Exemption from registration under chapter 47-31B.