§ 36-7-14-35 — Federal aid; issuance of bonds, notes, and warrants to federal government; federal loan agreements as security for other loans; approval of fiscal body

Indiana § 36-7-14-35

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 14: Redevelopment of Areas Needing Redevelopment

Text

(a) Subject to the approval of the fiscal body
of the unit that established the department of redevelopment, and in
order to:
(1) undertake survey and planning activities under this chapter;
(2) undertake and carry out any redevelopment project, urban
renewal project, or housing program;
(3) pay principal and interest on any advances;
(4) pay or retire any bonds and interest on them; or
(5) refund loans previously made under this section;
the redevelopment commission may apply for and accept advances,
short term and long term loans, grants, contributions, and any other
form of financial assistance from the federal government, or from any
of its agencies. The commission may also enter into and carry out
contracts and agreements in connection with that financial assistance
upon the terms and conditions that the commission considers
reasonable and appropriate, as long as those terms and conditions are
not inconsistent with the purposes of this chapter. The provisions of
such a contract or agreement in regard to the handling, deposit, and
application of project funds, as well as all other provisions, are valid
and binding on the unit or its executive departments and officers, as
well as the commission, notwithstanding any other provision of this
chapter.
(b) Subject to the approval of the fiscal body of the unit that
established the department of redevelopment, the redevelopment
commission may issue and sell bonds, notes, or warrants to the federal
government to evidence short term or long term loans made under this
section, without notice of sale being given or a public offering being
made.
(c) Notwithstanding the provisions of this or any other chapter,
bonds, notes, or warrants issued by the redevelopment commission
under this section may:
(1) be in the amounts, form, or denomination;
(2) be either coupon or registered;
(3) carry conversion or other privileges;
(4) have a rank or priority;
(5) be of such description;
(6) be secured (subject to other provisions of this section) in such
manner;
(7) bear interest at a rate or rates;
(8) be payable as to both principal and interest in a medium of
payment, at a time or times (which may be upon demand) and at
a place or places;
(9) be subject to terms of redemption (with or without premium);
(10) contain or be subject to any covenants, conditions, and
provisions; and
(11) have any other characteristics;
that the commission considers reasonable and appropriate.
(d) Bonds, notes, or warrants issued under this section are not an
indebtedness of the unit or taxing district within the meaning of any
constitutional or statutory limitation of indebtedness. The bonds, notes,
or warrants are not payable from or secured by a levy of taxes, but are
payable only from and secured only by income, funds, and properties
of the project becoming available to the redevelopment commission
under this chapter, as the commission specifies in the resolution
authorizing their issuance.
(e) Bonds, notes, or warrants issued under this section are exempt
from taxation for all purposes.
(f) Bonds, notes, or warrants issued under this section must be
executed by the appropriate officers of the unit in the name of the "City
(or Town or County) of ____________, Department of
Redevelopment", and must be attested by the appropriate officers of the
unit.
(g) Following the adoption of the resolution authorizing the issuance
of bonds, notes, or warrants under this section, the redevelopment
commission shall certify a copy of that resolution to the officers of the
unit who have duties with respect to bonds, notes, or warrants of the
unit. At the proper time, the commission shall deliver to the officers the
unexecuted bonds, notes, or warrants prepared for execution in
accordance with the resolution.
(h) All bonds, notes, or warrants issued under this section shall be
sold by the officers of the unit who have duties with respect to the sale
of bonds, notes, or warrants of the unit. If an officer whose signature
appears on any bonds, notes, or warrants issued under this section
leaves office before their delivery, the signature remains valid and
sufficient for all purposes as if the officer had remained in office until
the delivery.
(i) If at any time during the life of a loan contract or agreement
under this section the redevelopment commission can obtain loans for
the purposes of this section from sources other than the federal
government at interest rates not less favorable than provided in the loan
contract or agreement, and if the loan contract or agreement so permits,
the commission may do so and may pledge the loan contract and any
rights under that contract as security for the repayment of the loans
obtained from other sources. Any loan under this subsection may be
evidenced by bonds, notes, or warrants issued and secured in the same
manner as provided in this section for loans from the federal
government. These bonds, notes, or warrants may be sold at either
public or private sale, as the commission considers appropriate.
(j) Money obtained from the federal government or from other
sources under this section, and money that is required by a contract or
agreement under this section to be used for project expenditure
purposes, repayment of survey and planning advances, or repayment of
temporary or definitive loans, may be expended by the redevelopment
commission without regard to any law pertaining to the making and
approval of budgets, appropriations, and expenditures.
(k) Bonds, notes, or warrants issued under this section are declared
to be issued for an essential public and governmental purpose.
[Pre-Local Government Recodification Citations: 18-7-7-34
part; 18-7-7.1-34.]
As added by Acts 1981, P.L.309, SEC.33. Amended by
P.L.154-2006, SEC.71; P.L.146-2008, SEC.737.