§ 61-37-04 — Guarantee, lending, and borrowing powers

North Dakota § 61-37-04

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-37: Irrigation District Finance Program

Text

The program may guarantee municipal securities issued by an irrigation district. The
program may lend money to irrigation districts through the purchase and holding of municipal
securities which are eligible for purchase by the program, under this chapter, according to the
terms of a guarantee by the program for the payment of debt service on a municipal security of
an irrigation district. However, the program may lend money to irrigation districts through the
purchase and holding of municipal securities issued by the irrigation district, without regard to
the initial issuance of a guarantee of the principal amount and interest payable on the municipal
securities issued, if the commission approves a resolution that authorizes the program to
purchase and hold those municipal securities. The authorizing resolution must state that the
commission has determined that private bond markets will not be responsive to the needs of the
issuing irrigation district concerning the municipal securities or that the municipal securities
cannot be sold through private bond markets without the guarantee of the program. The
program may hold municipal securities acquired under this chapter for any length of time
necessary. The program, for the purposes authorized by this chapter, may issue its bonds
payable solely from the revenues available to the program which are authorized or pledged for
payment of program bonds and obligations, and assist irrigation districts as provided in this

chapter. Bonds or guarantees of the program issued under this chapter are not a debt or liability
of the state and do not constitute a loan of the credit of the state, create any debt or liability on
behalf of the state, or constitute a pledge of the faith and credit of the state. The bonds are
payable solely from revenues pledged or available for their payment as authorized in this
chapter. Each bond must contain on its face a statement to the effect that the program is
obligated to pay the principal or interest, and redemption premium, if any, and that neither the
faith and credit nor the taxing power of the state is pledged to the payment of the principal or the
interest on the bonds. Specific funds pledged to fulfill the program's obligations are obligations
of the program. All expenses incurred in carrying out this chapter are payable solely from
revenues or funds provided or to be provided under this chapter and nothing in this chapter may
be construed to authorize the program to incur any indebtedness or liability on behalf of or
payable by the state. Guarantees or bonds issued under this chapter are in the public interest
and are not subject to the limitation contained in subsection 2 of section 61-02-46.