§ 14-234-103 - Improvements -- Financing with bonds.
               	 		
14-234-103.    Improvements -- Financing with bonds.
    (a)  Whenever  any municipality shall own or operate a waterworks system and shall  desire to construct improvements and betterments thereto, it may issue  revenue bonds under the provisions of this section to pay for them. The  procedure for issuance of bonds shall be as provided in this section.
(b)  The  legislative body of the municipality shall provide for the issuance of  revenue bonds by ordinance. The ordinance shall set forth a brief and  general description of the contemplated improvements and betterments,  the amount, rate of interest, time and place of payment, and other  details in connection with the issuance of the bonds.
(c)  The  bonds shall bear interest at such rate or rates, payable semiannually,  and shall be payable at such times and place not exceeding forty (40)  years from their date as shall be prescribed in the ordinance providing  for their issuance.
(d)  The  ordinance shall also declare that a statutory mortgage lien shall exist  upon the waterworks system to secure the payment of the bonds and  interest.
(e)    (1)  The  ordinance shall fix the minimum rate or rates for water to be collected  prior to the payment of all of the bonds, with exceptions as may be  provided in the ordinance, and shall pledge the revenues derived from  the waterworks system for the purpose of paying the bonds and interest  thereon.
      (2)  The pledge shall  definitely fix and determine the amount of revenue which shall be  necessary to be set apart and applied to the payment of principal and  interest on the bonds and the proportion of the balance of the revenues  or income which are to be set aside as a proper and adequate  depreciation account.
      (3)  The  rates to be charged for the services of the waterworks shall be  sufficient to provide for the payment of all interest upon all bonds, to  create a sinking fund to pay the principal thereof as and when payment  becomes due, to provide for the operation and maintenance of the system,  and to provide an adequate depreciation account.
(f)  The ordinance:
      (1)  Shall  provide, find, and declare, in addition to the other requirements set  out in this section, the value of the then-existing system and the value  of the property proposed to be constructed, and that the revenues  derived from the entire system when the contemplated betterments and  improvements are completed shall be derived according to those values  and that so much of the revenue as is in proportion to the value of the  betterments and improvements as against the value of the previously  existing plant as so determined shall be set aside and used solely and  only for the purpose of paying the revenue bonds issued for the  betterments, together with costs of the operation and the depreciation  thereof, and the revenue shall be deemed to be income derived  exclusively from the betterments and improvements; or
      (2)  Shall  provide that there shall be set aside and used, solely and only for the  payment or retirement of revenue bonds issued for the betterment or  improvement, all or any part of the revenues derived from the operation  of the waterworks system not presently required to be set aside for  other purposes by an ordinance of the municipality authorizing the  issuance of revenue bonds then outstanding.
(g)    (1)  The  proceeds derived from the sale of the bonds shall be used solely for  the purpose of making betterments and improvements to the waterworks  system owned or operated by the municipality.
      (2)  The  terms "betterments" and "improvements" include mains, pipelines,  hydrants, meters, valves, standpipes, storage tanks, storage basins,  pumping tanks, intakes, wells, clear water wells, impounding reservoirs,  pumps, purification plants and units thereof, filtration plants and  units thereof, as well as all other improvements and betterments.
(h)    (1)  Bonds issued under the provisions of this section shall be payable solely from revenues derived from such waterworks system.
      (2)  The  bonds shall not in any event constitute an indebtedness of the  municipality within the meaning of the constitutional provisions or  limitations.
      (3)  It shall be  plainly stated on the face of each bond that it is issued under the  provisions of this section and that it does not constitute an  indebtedness of the municipality within the constitutional limitation.