Sec. 28. (a) The fiscal body of a unit issuing bonds under this chapter may secure them by a trust indenture between the unit and a corporate trustee. The corporate trustee may be any trust company, national bank, or state bank that is in Indiana and has trust powers.
(b) A trust indenture under this section may:
(1) mortgage the land, any interest in land, or the facilities on account of which the bonds are issued;
(2) pledge all or part of the payments to be received by the unit;
(3) set forth the rights and remedies of the trustee and the holders of the bonds, including provisions restricting the individual right of action of the holders;
(4) contain provisions considered reasonable for protecting and enforcing the rights and remedies of the holders or lenders, including covenants setting forth duties of the unit and the economic development commission regarding:
(A) the construction of the facilities; and
(B) the custody, safeguarding, application, and investment of revenues received or to be received by the unit on account of the facilities financed by the issuance of the bonds;
(5) contain provisions regarding the investment of money, the sale, exchange, or disposal of property, and the manner of authorizing and making payments, notwithstanding any general statute relating to these matters; and
(6) provide for the establishment of reserve funds from the proceeds of the bonds or from other sources to secure the prompt payment of the principal and interest on them.
[Pre-Local Government Recodification Citation: 18-6-4.5-22.]
As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.8; P.L.25-1987, SEC.54.
Structure Indiana Code
Article 7. Planning and Development
Chapter 12. Economic Development and Pollution Control
36-7-12-1. Application of Chapter
36-7-12-3. Declaration of Public Purpose
36-7-12-4. Economic Development Departments and Commissions; Creation
36-7-12-5. Second and Third Class Cities; Commission Members; Appointment; Terms of Office
36-7-12-6. Towns; Commission Members; Appointment; Terms of Office
36-7-12-7. Counties; Commission Members; Appointment; Terms of Office
36-7-12-8. Consolidated Cities; Commission Members; Appointment; Terms of Office
36-7-12-9. Commissioners; Selection and Nomination; Successors in Office
36-7-12-10. Commissioners; Failure to Nominate; Vacancies
36-7-12-11. Commissioners; Oaths; Certificates of Appointment
36-7-12-12. Organizational Meetings; Officers
36-7-12-13. Commissions; Rules; Meetings; Quorum; Approval of Actions; Records
36-7-12-14. Removal of Commissioners From Office
36-7-12-15. Commissioners; Expenses and per Diem
36-7-12-16. Pecuniary Interest of Commissioner in Matters Considered by Commission
36-7-12-17. Commissions; Investigatory Duties
36-7-12-20. Use of Funds; Procedures for Letting Contracts; Employees' Bonds
36-7-12-21. Negotiation of Financing Terms; Adverse Competitive Effect Studies; Preliminary Expenses
36-7-12-22. Applicability of Zoning Laws; Consent Necessary for Financing of Facilities
36-7-12-23. Evaluative Report; Exception
36-7-12-24. Hearing on Proposed Financing of Facilities; Approval by Commission
36-7-12-25. Approval of Proposed Financing by Unit; Authorization Bond Issuance; Approval of Changes
36-7-12-26. Financing Agreements; Terms
36-7-12-27.5. Legal Representation of Commission; Conflict of Interest; Offense
36-7-12-28. Trust Indentures Securing Bonds
36-7-12-29. Application of Bond Proceeds
36-7-12-31. Bonds, Notes, Warrants, Proceeds, and Interest; Exemption From State Taxes
36-7-12-32.1. Exemption From Securities Registration
36-7-12-33. Property Taxes; Liability and Exemptions
36-7-12-34. Payments Received by Units; Exemption From Tax
36-7-12-35. Responsibility for Construction Approval