(a)For the purpose of raising money to pay for
the acquisition of any utility property which said city shall have the
right to and shall determine to acquire, or which any such city may take
over as trustee for the inhabitants thereof, including any money
required to be paid for the purpose of redeeming or extinguishing the
capital stock of any utility whose property may be so taken over and for
the purpose of paying any outstanding obligations of any utility
company subject to which the property of any such utility may be taken
over by any such city, or held by it in trust for the inhabitants thereof;
or for the purpose of making necessary betterments, improvements,
extensions or additions to any utility property owned, or so held in
trust, by said city, the board of directors for utilit
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(a) For the purpose of raising money to pay for
the acquisition of any utility property which said city shall have the
right to and shall determine to acquire, or which any such city may take
over as trustee for the inhabitants thereof, including any money
required to be paid for the purpose of redeeming or extinguishing the
capital stock of any utility whose property may be so taken over and for
the purpose of paying any outstanding obligations of any utility
company subject to which the property of any such utility may be taken
over by any such city, or held by it in trust for the inhabitants thereof;
or for the purpose of making necessary betterments, improvements,
extensions or additions to any utility property owned, or so held in
trust, by said city, the board of directors for utilities shall cause to be
issued in the name of the said city the bonds of said utility district not
to exceed in amount the total cost of any such utility so purchased, or
so held in trust, and for the outstanding obligations of any utility
subject to which the property is to be taken over and which it is desired
to pay off and discharge and/or of any such additions, betterments,
improvements, extensions or additions to any utility owned, or so held
in trust, and including all expenses necessarily incurred in connection
with the acquisition of any such property, the paying off of any such
indebtedness or the making of any such improvements, extensions or
additions thereto. Such bonds shall be issued in any denominations not
more than one thousand dollars ($1,000) each, and shall be payable at
such period not longer than thirty (30) years after date, and in such
series or series as such board of directors may by resolution determine.
Said bonds shall be negotiable as inland bills of exchange, and shall
bear interest at any rate, payable semiannually. On adopting a
resolution ordering said bonds, said board of directors shall certify a
copy of the same to the city controller of said city, who shall thereupon
prepare said bonds and the same shall be executed by the mayor of said
city and attested by the city controller. Such bonds shall be exempt
from taxation for any and all purposes. All of said bonds so issued by
the board of directors shall be sold by the city controller to the highest
bidder therefor, but in no event for less than par, after giving notice of
sale of such bonds by publication in accordance with IC 5-3-1. Any
bonds issued pursuant to the provisions of this chapter, whether bonds
of said utility district, or mortgage bonds, certificates of indebtedness,
or other obligations, as hereinafter provided for in this chapter, shall be
valid and binding without obtaining the approval of the commission or
the department of local government finance of the state of Indiana. It
shall be unlawful for said board of directors for utilities to cause to be
issued under this chapter any bonds of said utility district payable by
special taxation when the total issue for that purpose, including the
bonds already issued and outstanding and those proposed to be issued,
is in excess of two percent (2%) of the total adjusted value of taxable
property in the district as determined under IC 36-1-15, and all bonds
or obligations issued in violation of this provision shall be void. Said
bonds shall not in any respect be a corporate obligation or indebtedness
of said city, but shall be and constitute an indebtedness of said utility
district as a special taxing district, and said bonds and interest thereon
shall be payable out of a special tax levy upon all of the property of
said utility district, or from surplus earnings as in this chapter provided;
and said bonds shall recite such terms upon their face, together with the
purpose for which they are issued. No suit to question the validity of
said bonds so issued for said utility district or to prevent their issue and
sale shall be instituted after the date set for the sale of said bonds, and
all said bonds from and after said date shall be incontestable for any
cause whatsoever.
(b) In event any such city shall, pursuant to any contract right so to
do, determine to take over the property and business of any utility
company by the payment to it of the amount necessary to pay off the
stock of such company, the proceeds of any such utility district bonds
issued and sold as herein provided may, so far as is necessary, be paid
over to any such utility company at the time of the conveyance,
transfer, or taking over of its property, for the purpose of enabling such
company to discharge its obligations to its stockholders in accordance
with the provisions of any such contract.
(c) In addition to the authority granted to issue utility district bonds
the board of directors of any such utility district for the purpose of
providing necessary funds with which to pay the cost of acquiring any
utility property, or paying off any existing indebtedness of or upon any
utility property, so acquired, or to pay the expenses of operation of any
such utility property, including the cost of any betterments or
extensions, may make temporary loans in the form of certificates of
indebtedness, which shall be a charge solely against either the
particular utility property or against the earnings thereof, or both, on
behalf of which the same is borrowed; or said board of directors may
authorize the issuance of mortgage bonds secured by a mortgage upon
the property or upon the earnings, or both, of the particular utility for
whose benefit such moneys are borrowed; and any such certificates of
indebtedness and mortgages shall constitute charges as may be
indicated aforesaid by the directors when authorizing the same and
shall contain such terms and provisions and shall be sold at such price
and shall bear such rate of interest as such board of directors may
approve.
(d) Such mortgage indebtedness shall not constitute a general
obligation of such city, or of such utility district, but the holders thereof
shall be entitled to look solely to the mortgaged property and the
revenues derived from the operation thereof for the repayment of such
indebtedness.
(e) All such certificates of indebtedness and mortgage bonds shall
be signed by the mayor of such city and attested by the city controller,
and shall on their face show the purpose for which they are issued and
the character of the obligation created thereby. All such certificates of
indebtedness and mortgage bonds, or either thereof, shall be exempt
from all taxation.
[Pre-Local Government Recodification Citation:
19-3-24-8.]
As added by Acts 1981, P.L.11, SEC.43. Amended by Acts
1981, P.L.45, SEC.6; P.L.23-1988, SEC.43; P.L.6-1997, SEC.130;
P.L.90-2002, SEC.310.