Sec. 30. (a) For the purposes of anticipating the collection of assessments under this chapter, the municipality shall issue bonds payable out of the assessments. However, a consolidated city is not required to issue bonds under this section.
(b) The terms of the bonds may allow early retirement of the bonds for and to the extent of prepayment of assessments in anticipation of which the bonds were issued.
(c) The bonds bear interest at a rate or rates determined by the legislative body of the municipality and shall be executed, sold, and delivered in denominations determined to be appropriate by the municipal fiscal officer as bonds of a municipality are executed, sold, and delivered.
(d) If the bonds are sold at a public sale, the advertisement of the sale of the bonds shall be published in accordance with IC 5-3-1. The municipality may also sell the bonds by negotiated private sale to a financial institution.
(e) Unless the municipality chooses to sell the bonds by a negotiated private sale to a financial institution, the sale shall be made to the highest and best bidder, as provided in IC 36-9-36. However, the sale may not be for less than the face value of the bonds, plus interest from the date of the bonds to the date of delivery.
(f) The bonds and interest on the bonds are exempt from taxation to the extent provided by IC 6-8-5-1.
(g) The bonds are not a corporate obligation or an indebtedness of the municipality and are payable only out of money actually paid and collected under this chapter (or under IC 36-9-20 before its repeal in 1993). The bonds must state this fact on the bonds' face.
As added by P.L.98-1993, SEC.9. Amended by P.L.62-2001, SEC.10.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 38. Barrett Law Funding for Municipal Improvement Districts
36-9-38-1. Application of Chapter
36-9-38-2. Permissible Improvements
36-9-38-3. Improvement to Be Owned, Maintained, and Operated by Municipality
36-9-38-5. Application of Ic 36-9-36 and Ic 36-9-37
36-9-38-6. Persons Having the Same Rights and Powers as the Owner of Fee Simple Title
36-9-38-7. Petition to Establish District
36-9-38-10. Association Established Under Ic 36-9-38-8; Notice; Meeting
36-9-38-11. Association Established Under Ic 36-9-38-8; Directors; Bylaws
36-9-38-13. Notice of Hearing on Establishment of District
36-9-38-14. Petition in Opposition to District; Termination of Proceedings
36-9-38-15. Conduct of Hearing; Resolution
36-9-38-18. Plans, Specifications, and Cost Estimates
36-9-38-19. Eminent Domain; Vacation of Streets and Alleys; Property Owned by Government Entities
36-9-38-20. Letting of Construction Contracts; Actions to Enjoin Performance; Limitations
36-9-38-21. Appointment of Appraisers to Assess Benefits and Costs
36-9-38-22. Appointment of Appraisers; Assessment of Benefits and Costs; Filing of Roll
36-9-38-23.5. Assessments; Installment Payments
36-9-38-24. Final Determination of Costs; Revised Assessment
36-9-38-25. Appraisers; Qualification for Appointment
36-9-38-26. Notice of Proposed Assessments to Property Owners; Contents
36-9-38-28. Lien of Assessment
36-9-38-31. Fees for Use of Improvement; Changes; Hearing Upon Petition in Cases of Certain Changes
36-9-38-32. Fees for Use of Improvement; Excess Revenues; Payment of Bonds
36-9-38-33. Fees for Use of Improvement; Amount Limitation Following Retirement of Bonds