§ 36-2-6-18 — Loans; bonds; tax anticipation warrants; deficits; requirements for incurring debt

Indiana § 36-2-6-18

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 2: GOVERNMENT OF COUNTIES GENERALLY
• Ch. 6: Fiscal Administration

Text

(a) The county fiscal body may, by ordinance:
(1) make loans for the purpose of procuring money to be used in
the exercise of county powers and for the payment of county debts
other than current running expenses, and, subject to IC 5-1-11.5
and IC 5-11-1-4(c), issue bonds or other county obligations to
refund those loans;
(2) make temporary loans to meet current running expenses, in
anticipation of and not in excess of county revenues for the
current fiscal year, which shall be evidenced by tax anticipation
warrants of the county; and
(3) make loans and issue notes under subsection (d).
(b) An ordinance authorizing the issuance of bonds under this
section must state the purpose for which the bonds are issued and may
provide that the bonds:
(1) are or are not negotiable;
(2) bear interest at any rate;
(3) run not longer than twenty (20) years; and
(4) mature by installments payable annually or otherwise.
(c) An ordinance authorizing the issuance of tax anticipation
warrants under this section must:
(1) state the total amount of the issue;
(2) state the denomination of the warrants;
(3) state the time and place payable;
(4) state the rate of interest;
(5) state the funds and revenues in anticipation of which the
warrants are issued and out of which they are payable; and
(6) appropriate and pledge a sufficient amount of those revenues
to the punctual payment of the warrants.
The warrants are exempt from taxation for all purposes.
(d) The county fiscal body may, by ordinance, make loans of money
for not more than ten (10) years and issue notes for the purpose of
refunding those loans. The loans may be made only for the purpose of
procuring money to be used in the exercise of the powers of the county,
and the total amount of outstanding loans under this subsection may not
exceed five percent (5%) of the county's total tax levy in the current
year (excluding amounts levied to pay debt service and lease rentals).
Loans under this subsection shall be made in the same manner as loans
made under subsection (a)(1), except that:
(1) the ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing ten
(10) years to provide for refunding the loans;
(2) the loans must be evidenced by notes of the county in terms
designating the nature of the consideration, the time and place
payable, and the revenues out of which they will be payable; and
(3) the interest accruing on the notes to the date of maturity may
be added to and included in their face value or be made payable
periodically, as provided in the ordinance.
Notes issued under this subsection are not bonded indebtedness for
purposes of IC 6-1.1-18.5.
(e) If a deficit is incurred for the current running expenses of the
county because the total of county revenues for the fiscal year is less
than the anticipated total, the county fiscal body shall provide for the
deficit in the next county tax levy.
[Pre-Local Government Recodification Citations:
17-1-24-31; 17-3-79-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.37-1988, SEC.21; P.L.184-2015, SEC.14; P.L.244-2017, SEC.125;
P.L.230-2025, SEC.142.