§ 36-5-2-11 — Bond issuance, purpose, payments, requirements, and procedures; short term loans

Indiana § 36-5-2-11

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 5: GOVERNMENT OF TOWNS
• Ch. 2: Town Legislative Body and Executive

Text

(a) Subject to IC 5-1-11.5 and IC 5-11-1-4(c),
the legislative body may issue bonds for the purpose of procuring
money to be used in the exercise of the powers of the town and for the
payment of town debts. However, a town may not issue bonds to
procure money to pay current expenses.
(b) Bonds issued under this section are payable in the amounts and
at the times determined by the legislative body.
(c) Bonds issued under this section are subject to the provisions of
IC 5-1 and IC 6-1.1-20 relating to the following:
(1) The filing of a petition requesting the issuance of bonds and
giving notice of the petition.
(2) The giving of notice of a hearing on the appropriation of the
proceeds of bonds.
(3) The right of taxpayers to appear and be heard on the proposed
appropriation.
(4) The approval of the appropriation by the department of local
government finance.
(5) 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).
(6) The sale of bonds at public sale for not less than their par
value.
(d) The legislative body may, by ordinance, make loans of money
for not more than five (5) 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 town,
and the total amount of outstanding loans under this subsection may not
exceed five percent (5%) of the town'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 as follows:
(1) The ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing five
(5) years to provide for refunding the loans.
(2) The loans must be evidenced by notes of the town in terms
designating the nature of the consideration, the time and place
payable, and the revenues out of which they will be payable.
(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.
[Pre-Local Government Recodification Citation:
18-5-24-2.]
As added by Acts 1980, P.L.212, SEC.4. Amended by
P.L.37-1988, SEC.24; P.L.90-2002, SEC.471; P.L.219-2007, SEC.116;
P.L.146-2008, SEC.708; P.L.184-2015, SEC.17; P.L.244-2017,
SEC.128.