§ 36-9-25-17 — Payment of preliminary expenses

(a) All preliminary expenses actually
incurred by the board in providing necessary records, giving notice,
employing clerks, engineers, attorneys, and other employees, making
surveys, and all other expenses that must be paid before the issue and
sale of the bonds under section 27 of this chapter, and before the
collection of taxes levied under section 32 of this chapter, shall be met
and paid according to this section. The board shall, from time to time,
certify items of expense to the municipal fiscal officer, directing the
municipal fiscal officer to pay those amounts. The fiscal officer shall
at once draw the fiscal officer's warrant, with the warrant to be paid out
of the unappropriated part of the general fund of the municipality,
without a special appropriation being made by the municipal legislative
body.
(b) If there is no unappropriated money in the general fund, the
fiscal officer shall recommend to the legislative body either the
temporary transfer from other funds of the municipality of a sufficient
amount to meet the items of expense, or the making of a temporary loan
for this purpose. The legislative body shall, at once, make the transfer
or authorize the temporary loan in the same manner that other
temporary loans are made by the municipality. However, the fund or
funds of the municipality from which payments are made must be fully
reimbursed and repaid by the board:
(1) out of the first proceeds of the sale of bonds to the extent that
expenses paid are chargeable to the cost of acquiring land or the
construction of a work under a resolution adopted and confirmed
under section 18 of this chapter; or
(2) out of the fund raised by taxation under section 32 of this
chapter to the extent that expenses paid are in the nature of a
general expense of the board.
[Pre-Local Government Recodification Citation:
19-2-14-8.]
As added by Acts 1981, P.L.309, SEC.98. Amended by
P.L.127-2017, SEC.320.