§ 20-47-2-18 — Issuance of bonds; use of proceeds to refund outstanding bonds and make improvements; appeal

Indiana § 20-47-2-18

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 47: RELATED ENTITIES; HOLDING COMPANIES
• Ch. 2: Public Holding Companies

Text

(a) As used in this section, "bonds" means
bonds, debentures, or other evidences of indebtedness.
(b) As used in this section, "improvement" or "improvements"
means one (1) or more of the following:
(1) Construction of a school building.
(2) An addition to a school building owned by a lessor
corporation or owned by the school corporation to which a lessor
corporation has leased property under this chapter, and any
remodeling incidental to that addition.
(3) Remodeling of or construction of appurtenances to a school
building owned by a lessor corporation.
(c) A lessor corporation having outstanding bonds that by their
terms are redeemable before their maturities may issue bonds in the
manner provided under section 16 of this chapter to refund the
outstanding bonds and construction of improvements.
(d) Refunding and improvement bonds issued under this section:
(1) are legal and proper investments;
(2) are exempt from taxation; and
(3) may be sold without registration with or approval of the
securities division of the office of the secretary of state or the
securities commissioner;
in the same manner, under the same conditions, and subject to the same
limitations as any other bonds issued by lessor corporations under
section 16 of this chapter.
(e) In connection with the issuance of refunding and improvement
bonds, the lessee school corporation or school corporations may enter
into an amendment to the lease with the lessor corporation providing
for:
(1) an extension of the time set forth in the lease before the option
of the lessee or lessees to purchase may be exercised to a time
agreed upon between the lessee school corporation or school
corporations and the lessor corporation;
(2) an extension of the term of the lease, not to exceed ten (10)
years, to include the improvements in the description of the leased
property; and
(3) increased lease rental payments after the completion of the
improvements.
(f) No proceedings or actions by the lessee nor approval by any
board, commission, or agency are required in connection with a
refunding under this section, and the refunding does not affect the
obligation of the lessee to pay the lease rental under the lease of the
building or buildings. However, all provisions, restrictions, and
limitations of this chapter that are not inconsistent with this section,
including the petition of school patrons, notice of hearing, hearing,
notice of execution, and right to file an objecting petition, apply to an
amendment of the lease increasing the lease rental payments as if the
amendment were an original lease.
(g) An action to contest the validity of refunding and improvement
bonds issued under this section may not be brought after the fifteenth
day following the receipt of bids for the bonds.
[Pre-2006 Recodification Citation: 21-5-11-11.]

Legislative History

As added by P.L.2-2006, SEC.170.