Sec. 27.5. (a) Subject to the prior approval by the legislative body of the unit, the redevelopment commission may borrow money in anticipation of receipt of the proceeds of taxes levied for the redevelopment district bond fund and not yet collected, and may evidence this borrowing by issuing warrants of the redevelopment district. However, the aggregate principal amount of warrants issued in anticipation of and payable from the same tax levy or levies may not exceed an amount equal to eighty percent (80%) of that tax levy or levies, as certified by the department of local government finance, or as determined by multiplying the rate of tax as finally approved by the total assessed valuation (after deducting all mortgage deductions) within the redevelopment district, as most recently certified by the county auditor.
(b) The warrants may be authorized and issued at any time after the tax or taxes in anticipation of which they are issued have been levied by the redevelopment commission. For purposes of this section, taxes for any year are considered to be levied upon adoption by the commission of a resolution prescribing the tax levies for the year. However, the warrants may not be delivered and paid for before final approval of the tax levy or levies by the department of local government finance, unless the issuance of the warrants has been approved by the department.
(c) All action that this section requires or authorizes the redevelopment commission to take may be taken by resolution, which need not be published or posted. The resolution takes effect immediately upon its adoption by the redevelopment commission. An action to contest the validity of tax anticipation warrants may not be brought later than ten (10) days after the sale date.
(d) In their resolution authorizing the warrants, the redevelopment commission must provide that the warrants mature at a time or times not later than December 31 after the year in which the taxes in anticipation of which the warrants are issued are due and payable.
(e) In their resolution authorizing the warrants, the redevelopment commission may provide:
(1) the date of the warrants;
(2) the interest rate of the warrants;
(3) the time of interest payments on the warrants;
(4) the denomination of the warrants;
(5) the form either registered or payable to bearer, of the warrants;
(6) the place or places of payment of the warrants, either inside or outside the state;
(7) the medium of payment of the warrants;
(8) the terms of redemption, if any, of the warrants, at a price not exceeding par value and accrued interest;
(9) the manner of execution of the warrants; and
(10) that all costs incurred in connection with the issuance of the warrants may be paid from the proceeds of the warrants.
(f) The warrants shall be sold for not less than par value, after notice inviting bids has been published under IC 5-3-1. The redevelopment commission may also publish the notice in other newspapers or financial journals.
(g) Warrants and the interest on them are not subject to any limitation contained in section 25.1 of this chapter, and are payable solely from the proceeds of the tax levy or levies in anticipation of which the warrants were issued. The authorizing resolution must pledge a sufficient amount of the proceeds of the tax levy or levies to the payment of the warrants and the interest.
As added by Acts 1981, P.L.310, SEC.90. Amended by P.L.1-1994, SEC.176; P.L.90-2002, SEC.475; P.L.224-2007, SEC.121; P.L.146-2008, SEC.735; P.L.149-2014, SEC.16; P.L.257-2019, SEC.119.
Structure Indiana Code
Article 7. Planning and Development
Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions
36-7-14-1.5. Applicability of Chapter to Fire Protection Districts
36-7-14-1.7. Applicability of Chapter to Fire Protection Territories
36-7-14-2. Declaration of Public Purpose; Opportunities for Redevelopment by Private Enterprise
36-7-14-3. Redevelopment Departments and Commissions; Creation; Taxing Districts; Oversight
36-7-14-3.1. Electronic Meetings
36-7-14-3.7. Transfer of Control and Jurisdiction Over Certain Development Areas; Requirements
36-7-14-6.1. Commissioners; Appointment; Nonvoting Adviser
36-7-14-9. Commissioners; Removal From Office
36-7-14-10. Commissioners and Nonvoting Advisers; Pecuniary Interests in Property and Transactions
36-7-14-11. Duties of Commission
36-7-14-12.2. Powers of Commission
36-7-14-12.4. Ownership Prohibition Regarding Single Family Dwellings
36-7-14-13. Annual Reports; Contents; Subject to Laws of General Nature
36-7-14-14. Contracts to Perform Powers and Duties
36-7-14-16. Approval of Resolutions and Plans by Unit
36-7-14-17. Notice and Hearing
36-7-14-17.5. Notice and Hearing; Amendment of Resolution or Plan; Procedure
36-7-14-19. Acquisition of Real Property; Procedure; Approval
36-7-14-20. Eminent Domain; Procedure; Legislative Body Resolution
36-7-14-21. Commission Authority in Redevelopment Area
36-7-14-22. Public Sale or Lease of Real Property; Procedure
36-7-14-22.5. Additional Commission Powers Concerning Real Property; Public Meeting
36-7-14-22.6. "Abutting Landowner"; "Offering Price"; Sale to Abutting Landowner; Appraisal
36-7-14-22.7. Disposal of Real Property; Appraisal
36-7-14-22.8. New Opportunity Area
36-7-14-23. Unit Officers; Duties Regarding Department Funds
36-7-14-24. Payment of Expenses Incurred Before Tax Levy; Procedure
36-7-14-25.2. Leased Facilities; Procedure; Fiscal Body Approval
36-7-14-25.3. Lessors of Redevelopment Facilities; Effect of Other Statutory Provisions
36-7-14-25.5. Payment of Redevelopment Bonds or Leases; Pledge or Covenant of Legislative Body
36-7-14-26. Capital Fund; Deposits; Gifts; Allocation Fund
36-7-14-27.5. Tax Anticipation Warrants; Authorization; Procedure; Legislative Body Approval
36-7-14-29. Payments From Funds; Procedure
36-7-14-30. Urban Renewal Projects; Authorization
36-7-14-31. Urban Renewal Plans
36-7-14-32. Urban Renewal Projects; Powers and Duties of Commissions; Units and Officers
36-7-14-33. Urban Renewal Projects; Cooperation With Public Entities
36-7-14-34. Preparation of Urban Rehabilitation Programs
36-7-14-36. Neighborhood Development Programs; Authorization; Procedure; Federal Aid
36-7-14-37. Redevelopment Districts and Departments; Tax Exemptions
36-7-14-40. Violations; Penalties
36-7-14-41. Economic Development Area; Determination; Enlargement
36-7-14-44. Military Base Reuse Area
36-7-14-45. Establishment of Program for Housing; Notices; Conditions
36-7-14-46. Commission Authority in Program for Housing
36-7-14-47. Commission Findings Required; Contents
36-7-14-49. Program for Age-Restricted Housing
36-7-14-50. Powers of Commission in Implementing Age-Restricted Housing Program
36-7-14-51. Findings for Age-Restricted Housing Program
36-7-14-53. Residential Housing Development Program; Authorization; Procedures
36-7-14-54. Residential Housing Development Program; Powers; Restrictions
36-7-14-55. Residential Housing Development Program; Required Findings
36-7-14-56. Residential Housing Development Program; Allocation Area