Sec. 5. (a) If a public improvement financed under this chapter is connected to a system, the public improvement becomes a part of the existing system. Any person entering into a loan agreement with a municipality under this chapter shall pay rates and charges or fees for the use of that system in the same manner any other member of the general public is required to pay such rates and charges or fees. The municipality may not establish rates and charges or fees for the use of that system that include a revenue requirement for payment of principal and interest on bonds issued under this chapter. Bonds issued under this chapter are payable solely from revenues derived from notes or other secured or unsecured obligations of any person entering into a loan agreement with a municipality under this chapter, or from other sources of principal and interest payments under this chapter, and not from revenues of the system.
(b) Contracts for public improvements under this chapter shall be let in accordance with statutes relating to public works and public purchases.
(c) Public improvements may be financed under this chapter even if the municipality building or acquiring those improvements will not own or operate those improvements, so long as the public improvements will be owned or operated by a political subdivision.
As added by P.L.23-1984, SEC.18.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 32. Financing of Public Improvements in Municipalities
36-9-32-1. Application of Chapter
36-9-32-2. Legislative Findings and Declaration
36-9-32-4. Loan Agreements; Loan of Grant Proceeds; Pledge of Revenues to Secure Bonds
36-9-32-6. Ordinances Approving Issuance of Bonds
36-9-32-8. Trust Indentures to Secure Bonds
36-9-32-9. Enforcement by Owner of Bonds or Trustee
36-9-32-10. Impairment of Rights and Remedies of Owners of Bonds
36-9-32-11. Liability for Property and Special Taxing District Taxes