§ 40-23-21 — Use of collections of subsequent assessments

1. All collections of special assessments levied pursuant to sections 40-23-17 through
40-23-21 shall be credited as received to the special fund maintained by the
municipality for the payment of any outstanding special improvement warrants,
refunding improvement bonds, general obligation bonds, or revenue bonds which were
issued to finance the improvement for which the assessments were levied, or, if no
such obligations are outstanding, to such fund as the governing body may direct.
2. If a governing body of a municipality levied and collected an infrastructure fee under
section 40-22-01.3, the funds generated by the fee must be used for the payment of
any outstanding special improvement warrants, refunding improvement bonds, general
obligation bonds, or revenue bonds issued to finance the improvement. The governing
body of a municipality may not use funds generated by an infrastructure fee imposed
after July 1, 2021, for the payment of any outstanding special improvement warrants,
refunding improvement bonds, general obligation bonds, or revenue bonds, issued
before July 1, 2021, for the purpose of financing green field special assessments, as
defined in section 40-05.1-06.