48-7022. General obligation bonds; tax levy; security

A. At any time after the formation of a district, the board may from time to time order and call a general obligation bond election to submit to the qualified electors of the district or to those persons who are qualified to vote pursuant to section 48-7041 the question of authorizing the board to issue general obligation bonds of the district to provide monies for any public infrastructure purposes consistent with the general plan and the question of authorizing an ad valorem tax to be levied.

B. If general obligation bonds are approved at an election, the board may issue and sell general obligation bonds of the district, the term of which may not exceed thirty years, subject to the limitation that any ad valorem tax levied to pay the debt service on the general obligation bonds shall not be levied at a rate that exceeds the maximum authorized tax rate, except as prescribed in section 48-7021, subsection B.

C. The district may issue and sell refunding bonds to refund any general obligation bonds of the district, the term of which may not exceed thirty years. If general obligation bonds are issued to refund any general obligation bonds of the district, an election on the issuance of such refunding bonds is not required, but any ad valorem tax levied to pay the debt service on such refunding bonds shall not be levied at a rate that exceeds the maximum authorized tax rate, except as prescribed in section 48-7021, subsection B.

D. After the bonds are issued, the board shall enter in its minutes a record of the bonds sold and their numbers and dates and shall annually levy and cause an ad valorem tax to be collected, at the same time and in the same manner as other taxes are levied and collected on all taxable property in the district, sufficient, together with any monies from the sources described in section 48-7007, to pay debt service on the bonds when due.  The annual levy shall not exceed the net amount necessary to meet annual payments of principal and interest, projected payments of principal and interest on new debt planned for the ensuing year, a reasonable delinquency factor, including an amount necessary to correct prior year errors or shortages in the levy, if applicable, and any expenses and fees required in conjunction with the authorization pursuant to section 35-512.  The annual ad valorem tax rate levied pursuant to this subsection shall not exceed the maximum authorized tax rate, except as prescribed in section 48-7021, subsection B.  The levy shall be the net of all cash in excess of ten percent of the annual payments of principal and interest in the current fiscal year from the previous year that remain in the fund or funds prescribed by subsection E of this section.

E. Monies derived from the levy of the tax provided in this section when collected constitute funds to pay the debt service on the bonds and shall be kept separately from other funds of the district.  Amounts levied for debt service on bonds payable from the secondary tax are and shall be considered special revenues of the district, shall be kept in a special, segregated fund, are not and shall not be general property taxes and may not be used for any other purpose of the district.

F. All general obligation bonds, heretofore and hereafter issued, are secured by a lien on all revenues received pursuant to the ad valorem tax levy.  The lien arises automatically without the need for any action or authorization by the district or the board.  The lien is valid and binding from the time of the issuance of the general obligation bonds.  The revenues received pursuant to the levy of the ad valorem tax are immediately subject to the lien.  The lien attaches immediately to the revenues and is effective, binding and enforceable against the district, the district's successors, transferees and creditors and all other parties asserting rights in the revenues, irrespective of whether the parties have notice of the lien, without the need for any physical delivery, recordation, filing or further act.