Sec. 31. (a) Issues of bonds, notes, or warrants of a housing authority must be approved by the fiscal body of the unit after a public hearing, with notice of the time, place, and purpose of the hearing given by publication in accordance with IC 5-3-1. The bonds, notes, or warrants must then be authorized by resolution of the authority.
(b) After the bonds, notes, or warrants have been approved under subsection (a), they may be issued in one (1) or more series, with the:
(1) dates;
(2) maturities;
(3) denominations;
(4) form, either coupon or registered;
(5) conversion or registration privileges;
(6) rank or priority;
(7) manner of execution;
(8) medium of payment;
(9) places of payment; and
(10) terms of redemption, with or without premium;
provided by the resolution or its trust indenture or mortgage.
(c) The bonds, notes, or warrants shall be sold at a public sale under IC 5-1-11, for not less than par value, after notice published in accordance with IC 5-3-1. However, they may be sold at not less than par value to the federal government:
(1) at private sale without any public advertisement; or
(2) alternatively, at a negotiated sale after July 1, 2018, and before June 30, 2023,
(d) If any of the commissioners or officers of the housing authority whose signatures appear on any bonds, notes, or warrants or coupons cease to be commissioners or officers before the delivery, exchange, or substitution of the bonds, notes, or warrants, their signatures remain valid and sufficient for all purposes, as if they had remained in office until the delivery, exchange, or substitution.
(e) Subject to provision for registration and notwithstanding any other law, any bonds, notes, or warrants issued under this chapter are fully negotiable.
(f) In any proceedings involving the validity or enforceability of any bond, note, or warrant of a housing authority or of its security, if the instrument states that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income, it shall be conclusively presumed to have been issued for that purpose and the project shall be conclusively presumed to have been planned, located, and constructed in accordance with this chapter.
[Pre-Local Government Recodification Citations: 18-7-11-14 part; 18-7-11-15.]
As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981, P.L.45, SEC.33; P.L.344-1987, SEC.9; P.L.125-2018, SEC.7; P.L.38-2021, SEC.93.
Structure Indiana Code
Article 7. Planning and Development
Chapter 18. Housing Authorities
36-7-18-1. Application of Chapter; Impairment of Contract; Fulfillment of Obligations
36-7-18-1.5. Powers of Agency Performing Public Housing Function
36-7-18-2. Declaration of Public Purpose
36-7-18-3. "Persons of Low Income" Defined
36-7-18-4. Housing Authorities; Establishment; Procedure
36-7-18-5. Commissioners; Appointment
36-7-18-6. Commissioners Not Officers or Employees of Unit; Exceptions
36-7-18-7. Commissioners; Terms of Office; Certificates of Appointment
36-7-18-8. Commissioners; Compensation; Expenses
36-7-18-9. Commissioners; Removal From Office
36-7-18-9.1. Commissioners; Residence Requirement; Removal
36-7-18-10. Employees; Legal Services; Pension Plans
36-7-18-11. Conflicts of Interest
36-7-18-13. Quorum; Approval of Actions
36-7-18-14. Limitations on Powers of Authorities
36-7-18-15. Actions; Contracts; Rules
36-7-18-16. Housing Projects; Authorization; Limitations
36-7-18-17. Contracts Relating to Housing Projects
36-7-18-18. Property Management; Acquisition, Ownership, and Disposition of Property
36-7-18-19. Investment of Funds; Cancellation of Indebtedness
36-7-18-20. Investigatory Powers; Cooperation With Political Subdivisions and State
36-7-18-21. Designation of Hearing Examiners
36-7-18-22. Availability of Housing; National Defense Activities; Major Disasters
36-7-18-24. Establishment of Rental Rates
36-7-18-25. Exemptions From Taxes and Assessments; Agreements to Pay for Services
36-7-18-26. Tenant Selection; Rentals; Adoption of Rules
36-7-18-27. Persons Ineligible as Tenants
36-7-18-29. Housing Projects; Applicability of Ordinances and Regulations
36-7-18-33. Obligees of Housing Authorities; Rights
36-7-18-34. Exemption of Real Property From Execution or Other Judicial Process
36-7-18-35. Federal, State, and Other Aid
36-7-18-37. Books, Records, and Accounts
36-7-18-39. Approval of Projects by State Agencies, Boards, and Commissions
36-7-18-40. Supervision of Federally Financed Projects
36-7-18-41. Jurisdiction of Authorities; Shared Jurisdiction