Sec. 24. (a) Subject to the approval of the legislative body of the consolidated city, and in order to:
(1) undertake survey and planning activities under this chapter;
(2) undertake and carry out any redevelopment project, urban renewal project, economic development plan, or housing program;
(3) pay principal and interest on any advances;
(4) pay or retire any bonds and interest on them; or
(5) refund loans previously made under this section;
the commission may apply for and accept advances, short term and long term loans, grants, contributions, loan guarantees, and any other form of financial assistance from the federal government, or from any of its agencies. The commission may apply for and accept loans under this section from sources other than the federal government or federal agencies but only if the loans are unconditionally guaranteed by the federal government or federal agencies. The commission may also enter into and carry out contracts and agreements in connection with that financial assistance upon the terms and conditions that the commission considers reasonable and appropriate, as long as those terms and conditions are not inconsistent with the purposes of this chapter. The provisions of such a contract or agreement in regard to the handling, deposit, and application of project funds, as well as all other provisions, are valid and binding on the consolidated city or its executive departments and officers, as well as the commission, notwithstanding any other provision of this chapter.
(b) Subject to the approval of the fiscal body of the consolidated city, the commission may issue and sell bonds, notes, or warrants:
(1) to the federal government to evidence short term or long term loans made under this section; or
(2) to persons or entities other than the federal government to evidence short or long term loans made under this section that are unconditionally guaranteed by the federal government or federal agencies;
without notice of sale being given or a public offering being made.
(c) Notwithstanding any other law, bonds, notes, or warrants issued by the commission under this section may:
(1) be in the amounts, form, or denomination;
(2) be either coupon or registered;
(3) carry conversion or other privileges;
(4) have a rank or priority;
(5) be of such description;
(6) be secured (subject to other provisions of this section) in such manner;
(7) bear interest at a rate or rates;
(8) be payable as to both principal and interest in a medium of payment, at a time or times (which may be upon demand) and at a place or places;
(9) be subject to terms of redemption (with or without premium);
(10) contain or be subject to any covenants, conditions, and provisions; and
(11) have any other characteristics;
that the commission considers reasonable and appropriate.
(d) Bonds, notes, or warrants issued under this section are not an indebtedness of the city or redevelopment district within the meaning of any constitutional or statutory limitation of indebtedness. The bonds, notes, or warrants are not payable from or secured by a levy of taxes, but are payable only from and secured only by income, funds, and properties of the project becoming available to the commission under this chapter or by grant funds from the federal government, as the commission specifies in the resolution authorizing their issuance.
(e) Bonds, notes, or warrants issued under this section are exempt from taxation as provided by IC 6-8-5.
(f) Bonds, notes, or warrants issued under this section shall be executed by the city executive and attested by the fiscal officer in the name of the "City of ____________________, Department of Metropolitan Development".
(g) Following the adoption of the resolution authorizing the issuance of bonds, notes, or warrants under this section, the commission shall certify a copy of that resolution to the officers of the city who have duties with respect to bonds, notes, or warrants of the city. At the proper time, the commission shall deliver to the officers the unexecuted bonds, notes, or warrants prepared for execution in accordance with the resolution.
(h) All bonds, notes, or warrants issued under this section shall be sold by the officers of the city who have duties with respect to the sale of bonds, notes, or warrants of the city. If an officer whose signature appears on any bonds, notes, or warrants issued under this section leaves office before their delivery, the signature remains valid and sufficient for all purposes as if the officer had remained in office until the delivery.
(i) If at any time during the life of a loan contract or agreement under this section the commission can obtain loans for the purposes of this section from sources other than the federal government at interest rates not less favorable than provided in the loan contract or agreement, and if the loan contract or agreement so permits, the commission may do so and may pledge the loan contract and any rights under that contract as security for the repayment of the loans obtained from other sources. Any loan under this subsection may be evidenced by bonds, notes, or warrants issued and secured in the same manner as provided in this section for loans from the federal government. These bonds, notes, or warrants may be sold at either public or private sale, as the commission considers appropriate.
(j) Money obtained from the federal government or from other sources under this section, and money that is required by a contract or agreement under this section to be used for project expenditure purposes, repayment of survey and planning advances, or repayment of temporary or definitive loans, may be expended by the commission without regard to any law pertaining to the making and approval of budgets, appropriations, and expenditures.
(k) Bonds, notes, or warrants issued under this section are declared to be issued for an essential public and governmental purpose.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.2-1989, SEC.36; P.L.146-2008, SEC.754; P.L.127-2017, SEC.206.
Structure Indiana Code
Article 7. Planning and Development
Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment
36-7-15.1-1. Application of Chapter
36-7-15.1-2. Declaration of Policy
36-7-15.1-4. Redevelopment District Constituting Special Taxing District
36-7-15.1-4.2. Redevelopment Commission and Department Subject to Open Government Laws
36-7-15.1-4.3. Prohibition Regarding Single Family Residential Property
36-7-15.1-5. Pecuniary Interests of Commissioners and Nonvoting Advisers
36-7-15.1-6. Duties of Commission
36-7-15.1-7. Powers of Commission
36-7-15.1-8. Assembly of Data; Adoption of Resolution; Amendment of Resolution or Plan
36-7-15.1-11. Remonstrance; Appeal
36-7-15.1-12. Acquisition of Real Property by Commission; Legislative Body Approval
36-7-15.1-13. Eminent Domain; Approval by City-County Legislative Body
36-7-15.1-15. Appraisal, Publication, and Bidding Requirements
36-7-15.1-15.2. Sale or Grant of Real Property to Urban Enterprise Association
36-7-15.1-15.5. Additional Powers of Commission
36-7-15.1-15.7. Disposal of Real Property; Appraisal
36-7-15.1-16. Special Tax on Property in Redevelopment District
36-7-15.1-17. Redevelopment District Bonds
36-7-15.1-17.1. Lease of Property to Commission; Conditions
36-7-15.1-17.2. Persons Authorized as Lessors
36-7-15.1-17.5. Pledge of Revenues
36-7-15.1-18. Redevelopment District Fund
36-7-15.1-19. Redevelopment District Bond Fund; Special Tax
36-7-15.1-20. Urban Renewal Projects
36-7-15.1-21. Urban Renewal Plan
36-7-15.1-22. Commission Powers and Duties Concerning Planning and Urban Renewal Plans and Projects
36-7-15.1-23. Aid and Cooperation of Public Entities; Delegation; Agreements
36-7-15.1-25. Real Property Owned by a Redevelopment District Is Exempt From Taxation
36-7-15.1-26. Real Property Tax Allocation and Distribution
36-7-15.1-26.2. Definitions; Amendment of Resolution; Property Taxes
36-7-15.1-27. Crimes and Offenses
36-7-15.1-29. Determination of Economic Development Area; Approval; Requirements; Procedures
36-7-15.1-30. Powers of Commission
36-7-15.1-31. Findings of General Assembly
36-7-15.1-32. Housing Program; Notice and Hearing; Neighbor Associations and Residents
36-7-15.1-33. Commission Rights, Powers, Privileges, and Immunities
36-7-15.1-34. Housing Program; Resolution; Findings
36-7-15.1-36. Military Base Reuse Area
36-7-15.1-36.3. Annual Report; Contents
36-7-15.1-37. Additional Definitions; Applicability of Certain Sections
36-7-15.1-38. Redevelopment Districts
36-7-15.1-39. Powers and Duties of Commission; Eminent Domain
36-7-15.1-43. Additional Powers of Commission
36-7-15.1-44. Appraisal, Publication, and Bidding Requirements; Exceptions; Procedures
36-7-15.1-45. Issuance and Sale of Bonds by Commission
36-7-15.1-46. Lease of Property by Commission
36-7-15.1-47. Persons Permitted to Lease Facilities
36-7-15.1-48. Pledge of Revenue Received or to Be Received; Nonimpairment by General Assembly
36-7-15.1-49. Redevelopment District Fund
36-7-15.1-50. Tax on Redevelopment District Property; Redevelopment District Bond Fund
36-7-15.1-55. Modification of Definition of "Property Taxes"; Depreciable Personal Property
36-7-15.1-57. Designation of Economic Development Area
36-7-15.1-58. Commission Powers in Economic Development Area
36-7-15.1-59. Program for Age-Restricted Housing
36-7-15.1-60. Powers of Commission in Implementing Age-Restricted Housing Program