§ 62-877. Issuance of special obligation bonds - Pledge of revenue - Execution and recitals.

A.  Any municipality or county which has established a housing incentive district as provided in the Oklahoma Rural Housing Incentive District Act may issue special obligation bonds to finance the implementation of the project plan adopted for the district by the governing body, subject to the limitations on indebtedness of the municipality or county as provided in Section 26 of Article X of the Oklahoma Constitution.   The issuance of such bonds shall be required to be approved by the voters of the district, voting at an election called for such purpose by the governing body of the municipality or county.  Such special obligation bonds shall be made payable, both as to principal and interest:

1.  From property tax increments allocated to, and paid into a special fund of the municipality or county under the provisions of subsection A of Section 10 of this act;

2.  From revenues of the municipality or county derived from or held in connection with the implementation of the project or projects in the district;

3.  From any private sources, contributions or other financial assistance from the state or federal government;

4.  From any financial sureties or other guarantees provided by the developer;

5.  From a pledge of any other lawfully available municipal or county revenue sources including, but not limited to, a portion of all increased franchise fees collected from utilities and other businesses using public rights-of-way within the district or a portion of the sales and use tax revenues received by the municipality or county; or

6.  By any combination of these methods.

The municipality or county may pledge such revenue to the repayment of such special obligation bonds prior to, simultaneously with, or subsequent to the issuance of such special obligation bonds.

B.  Bonds issued pursuant to the provisions of this section shall not be general obligations of the municipality or county, nor in any event shall they give rise to a charge against the general credit or taxing powers of the municipality or county, or be payable out of any funds or properties other than any of those set forth in this subsection.  Such bonds shall so state on their face.

C.  The bonds issued under the provisions of this section shall be special obligations of the municipality or county and are hereby declared to be negotiable instruments.  The bonds shall be executed by the mayor and clerk of the municipality or, in the case of counties, by the chair of the board of county commissioners and clerk of the county, and shall be sealed with the corporate seal of the municipality or the seal of the county.  All details pertaining to the issuance of such special obligation bonds shall be determined by ordinance of the municipality or resolution of the county.  All special obligation bonds issued pursuant to the Oklahoma Rural Housing Incentive District Act shall be exempt from all state taxes except estate taxes.  Special obligation bonds issued pursuant to the provisions of this section shall contain the following recitals:

1.  The authority under which such special obligation bonds are issued;

2.  That they are in conformity with the provisions, restrictions, and limitations thereof; and

3.  That such special obligation bonds and the interest thereon are to be paid from the money and revenue received as provided in subsection A of this section.

D.  The maximum maturity on bonds issued to finance projects pursuant to the Oklahoma Rural Housing Incentive District Act shall not exceed fifteen (15) years.

E.  Any municipality or county issuing special obligation bonds under the provisions of the Oklahoma Rural Housing Incentive District Act may refund all or part of such issue as provided by law.

F.  In the event the municipality or county shall default in the payment of any special obligation bonds as authorized pursuant to the provisions of this section, no public funds shall be used to pay the holders thereof except as otherwise specifically authorized in the Oklahoma Rural Housing Incentive District Act.

G.  Any and all terms, conditions, exclusions and limitations which are otherwise applicable to bonds issued by municipalities and counties shall also be applicable to bonds issued pursuant to this section.

Added by Laws 1999, c. 140, § 8, eff. Nov. 1, 1999.