§ 36-10-9-15 — General obligation bonds

Indiana § 36-10-9-15

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 9: Marion County Capital Improvement Board

Text

(a) A capital improvement may be financed
in whole or in part by the issuance of general obligation bonds of the
county.
(b) If the board desires to finance a capital improvement in whole
or in part as provided in this section, it shall have prepared a resolution
to be adopted by the board of commissioners of the county authorizing
the issuance of general obligation bonds. The resolution must state the
date or dates on which the principal of the bonds is payable, the
maximum interest rate to be paid, and the other terms upon which the
bonds shall be issued. The board shall submit the proposed resolution
to the city-county legislative body for approval under IC 36-3-6-9,
together with a certificate to the effect that the issuance of bonds in
accordance with the resolution will be in compliance with this section.
The certificate must also state the estimated annual net income of the
capital improvement to be financed by the bonds, the estimated annual
tax revenues, and the maximum amount payable in any year as
principal and interest on the bonds issued under this chapter, including
the bonds proposed to be issued, at the maximum interest rate set forth
in the resolution. The bonds issued may mature over a period not
exceeding forty (40) years from the date of issue.
(c) If the city-county legislative body approves the issuance of
bonds under IC 36-3-6-9, the board shall submit the resolution to the
executive of the consolidated city, who shall review the resolution. If
the executive approves the resolution, the board shall take all action
necessary to issue the bonds in accordance with the resolution. An
action to contest the validity of bonds issued under this section and sold
at a public sale may not be brought after the fifteenth day following the
receipt of bids for the bonds.
(d) The provisions of all general statutes relating to:
(1) the filing of a petition requesting the issuance of bonds and
giving notice;
(2) the right of:
(A) taxpayers and voters to remonstrate against the issuance of
bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a
proposed bond issue described by IC 6-1.1-20-3.5(a);
(3) the giving of notice of the determination to issue bonds;
(4) the giving of notice of a hearing on the appropriation of the
proceeds of bonds;
(5) the right of taxpayers to appear and be heard on the proposed
appropriation;
(6) the approval of the appropriation by the department of local
government finance; and
(7) the sale of bonds at a public sale for not less than par value or
at a negotiated sale;
are applicable to the issuance of bonds under this section.
As added by Acts 1982, P.L.77, SEC.28. Amended by
P.L.90-2002, SEC.521; P.L.219-2007, SEC.147; P.L.146-2008,
SEC.797; P.L.182-2009(ss), SEC.459; P.L.125-2018, SEC.11;
P.L.38-2021, SEC.106; P.L.236-2023, SEC.214; P.L.230-2025,
SEC.150.