§ 8-15-2-23 — Additional powers relating to bonds

(a) The authority, in addition to the other
powers conferred upon it under this chapter, may do the following:
(1) Provide for refunding or advance refunding of any outstanding
bonds by the issuance of bonds to refund outstanding bonds and
to pay any redemption premiums and the costs of refunding
whenever the authority shall find that it is in the public interest for
any one (1) or more of the following reasons to proceed with such
refunding or advance refunding:
(A) To modify or effect release from restrictive covenants
applicable to outstanding bonds which may impede any
additional financing by the authority.
(B) To effect a benefit to the authority because:
(i) a net savings to the authority will be effected; or
(ii) the net present value of principal and interest payments
on the revenue refunding bonds is less than the net present
value of the principal and interest payments on the
outstanding bonds to be refunded.
(C) To purchase outstanding bonds tendered to the authority at
less than the then applicable redemption price.
IC 8-9.5-8-10 does not apply to the issuance of refunding bonds
under this subdivision, except that before the authority may issue
refunding bonds it must obtain the approval of the Indiana
department of transportation and the budget agency. Bonds may
be issued under clauses (A), (B), and (C) separately, or in
combination with bonds under either or both of the other parts.
However, the total of any issue under clause (C) shall not exceed
the total purchase price of any tendered bonds and the costs of
refunding. Also, bonds issued under clauses (A), (B), and (C) may
be combined with an issue for any toll road project or toll road
projects. Prior to any issue under clause (C), the authority may
seek tenders upon such notice as it deems appropriate,
conditioned upon the issuance of bonds by the authority in its
discretion after a review of the number of bonds tendered and the
tender price.
(2) Subject to IC 8-9.5-8-10, issue bonds, either junior to or of
equal priority with any outstanding bonds, to finance a toll road
project or toll road projects and to pledge to the payment of such
bonds the net revenues of such toll road project or toll road
projects and of any other toll road project or toll road projects,
regardless of when constructed. Any such pledge shall not be
superior to any existing pledge of revenues to the payment of any
outstanding bonds. In any such issue of bonds, interest costs for
the period of construction and to such time as adequate revenues
are estimated to be available for payment of such interest may be
included in the amount of such issue as a part of the project cost
and capitalized as a part of such issue. Bonds authorized under
subdivision (1) may be combined with bonds authorized under
this subdivision in a single issue. Any bonds issued after June 30,
1974, may be equally and ratably secured by the revenues
pledged.
(3) Continue to levy and collect tolls on any toll road project,
regardless of when constructed, in an amount sufficient to
maintain and operate such road, and pay and discharge the
obligations of any bonds issued on account of such project or any
bonds issued under subdivision (1) and any bonds issued under
subdivision (2) for any other toll road project or toll road projects
constructed after June 30, 1974.
(b) The procedures for fixing tolls and issuing and selling bonds
established in this chapter shall apply to the exercise of any powers
under this section, except that any bonds issued under subsection
(a)(1)(A) may be exchanged with the holders of outstanding bonds for
bonds of equal maturity value if the authority finds such exchange a
desirable method of achieving the result contemplated in subsection
(a)(1)(A). Any bonds issued under this section may be sold at private
or negotiated sale if the authority so determines. The authority need not
comply with the requirements of any other law applicable to the
issuance of bonds other than those set forth in this chapter and IC 8-9.5-8-10. This section shall be regarded as conferring additional and
supplemental powers upon the authority and not to be in derogation of
any other powers, and to the extent of any inconsistency between this
section and any other provision of this chapter, this section shall
prevail.
Formerly: Acts 1974, P.L.34, SEC.1. As amended by Acts 1980,
P.L.74, SECS.254, 255; P.L.109-1983, SEC.27; P.L.18-1990,
SEC.133.