Title 36, Chapter 44, Section 11
( 36-44-11)
(a) Positive tax allocation increments of a tax allocation district
shall be allocated to the political subdivision which created the
district for each year from the effective date of the creation of
the district until that time when all redevelopment costs and all
tax allocation bonds of the district have been paid or provided for,
subject to any agreement with bondholders. General funds derived
from the tax allocation district which have been pledged for payment
or security for payment of tax allocation bonds and other
redevelopment costs of the tax allocation district shall also be
allocated to the political subdivision which created the district
for each year from the effective date of the creation of the
district until that time when all redevelopment costs and all tax
allocation bonds have been paid or provided for, subject to any
agreement with bondholders. (b)(1) Each county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9. (c) All positive tax allocation increments received for a tax
allocation district shall be deposited into a special fund for the
district upon receipt by the fiscal officer of the political
subdivision. All general funds derived from the tax allocation
district which have been pledged for payment or security for payment
of tax allocation bonds and other redevelopment costs of the tax
allocation district shall be deposited upon receipt into the special
fund. Any lease or other contract payments made under the
district's redevelopment plan shall also be deposited upon receipt
into the special fund. Moneys derived from positive tax allocation
increments, general fund moneys, and moneys derived from lease or
other contract payments shall be accounted for separately within the
special fund. Moneys shall be paid out of the fund only to pay
redevelopment costs of the district or to satisfy claims of holders
of tax allocation bonds issued for the district. The local
legislative body shall irrevocably pledge all or a part of such
special fund to the payment of the tax allocation bonds. The
special fund or designated part thereof may thereafter be used only
for the payment of the tax allocation bonds and interest until they
have been fully paid, and a holder of said bonds shall have a lien
against the special fund or said designated part thereof pledged for
payment of said bonds and may either at law or in equity protect and
enforce the lien. General funds derived from the tax allocation
district may be used for payment of tax allocation bonds only to
the extent that positive tax allocation increments and lease or
other contract payments in the special fund are insufficient at any
time to pay principal and interest due on such bonds. Subject to
any agreement with bondholders, moneys in the fund may be
temporarily invested in the same manner as other funds of the
political subdivision. After all redevelopment costs and all tax
allocation bonds of the district have been paid or provided for,
subject to any agreement with bondholders, if there remains in the
fund any moneys derived from positive tax allocation increments,
they shall be paid over to each county, municipality, consolidated
government, or county or independent board of education whose ad
valorem property taxes were affected by the tax allocation district
in the same manner and proportion as the most recent distribution by
the county tax collector or tax commissioner, municipal official
responsible for collecting municipal ad valorem property taxes, or
consolidated government official responsible for collecting
consolidated government ad valorem property taxes. If there remains
in the fund any other moneys, they shall be paid over to each
political subdivision which contributed to the fund in proportion to
the respective total contribution each made to the fund. |