General obligation, revenue and special assessment debt, and the approvals each requires.
Esshaki Legal Media TeamCurrent as of January 2025
Local governments finance capital projects through debt, and the structure
determines who repays it and what approvals are needed.
General obligation bonds are secured by the full faith and credit of the
issuer and, where unlimited, by an unlimited tax pledge. Voter approval is
generally required for unlimited tax obligations. Limited tax obligations are
payable from existing taxing authority and typically need no vote, subject to
statutory debt limits.
Revenue bonds are payable solely from the revenues of the financed system —
water, sewer, parking. No tax pledge, no vote in most cases, and covenants
requiring rates sufficient to cover debt service by a stated coverage ratio.
Special assessment bonds are repaid from assessments on benefited property.
Tax increment financing captures the increase in property tax revenue within
a district to fund improvements, through an authority with its own governance
and plan requirements.
Process. Authorizing resolution, publication and referendum periods during
which electors may petition for a vote, official statement disclosure,
continuing disclosure undertakings, and tax opinions for tax-exempt issues.
Securities law applies. Official statements are subject to antifraud
provisions, and enforcement against issuers for misleading disclosure —
particularly about pension liabilities — is an established feature of the
market.