Assessment bonds are not a local entity's general obligation -- Liability and responsibility of a local entity that issues assessment bonds.

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  • (1) Assessment bonds are not a general obligation of the local entity that issues them.
  • (2) A local entity that issues assessment bonds:
    • (a) may not be held liable for payment of the bonds except to the extent of:
      • (i) funds created and received from assessments against which the bonds are issued;
      • (ii) improvement revenues; and
      • (iii) the local entity's guaranty fund under Section 11-42-701 or, if applicable, reserve fund under Section 11-42-702; and
    • (b) is responsible for:
      • (i) the lawful levy of all assessments;
      • (ii) the collection and application of improvement revenues, as provided in this chapter;
      • (iii) the creation and maintenance of a guaranty fund or, if applicable, a reserve fund; and
      • (iv) the faithful accounting, collection, settlement, and payment of:
        • (A) assessments and improvement revenues; and
        • (B) money in a guaranty fund or, if applicable, a reserve fund.
  • (3) If a local entity illegally assesses property that is exempt from assessment, the local entity:
    • (a) is liable to the holders of assessment bonds for the payment of the illegal assessment; and
    • (b) shall pay the amount for which it is liable under Subsection (3)(a) from the local entity's general fund or other legally available money.




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