Sec. 18. (a) To procure money to pay for the required property and the erection and construction of the proposed work, and in anticipation of the collection of the special benefit tax, the board may issue, in the name of the municipality, the special taxing district bonds of the waterworks district. The bonds may exceed the total cost of the work and property to be acquired as provided for in the resolution, including:
(1) all expenses necessarily incurred for supervision and inspection during the period of construction; and
(2) expenses actually incurred preliminary to the acquiring of the necessary property and the construction of the work, including the cost of records, engineering expenses, publication of notices, salaries, and other expenses incurred, before and in connection with the acquiring of the property, the letting of the contract, and the sale of bonds.
(b) After adopting a resolution authorizing the bonds, the board shall certify a copy of the resolution to the municipal fiscal officer, who shall then prepare the bonds. The bonds shall be executed by the municipal executive and attested by the fiscal officer. The bonds are exempt from taxation as provided by IC 6-8-5. All bonds issued by the board shall be sold by the fiscal officer under IC 5-1-11.
(c) The board may not issue bonds of the waterworks district, payable by special taxation, when the total of the outstanding bonds of the district, including the bonds already issued and to be issued, exceeds eight percent (8%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15.
(d) The bonds are not a corporate obligation or indebtedness of the municipality, but are an indebtedness of the waterworks district. The bonds and interest are payable out of a special benefit tax levied upon all of the property of the waterworks district, or by any other means including revenues, cash on hand, and cash in depreciation or reserve accounts.
(e) The bonds must recite the terms upon their face, together with the purpose for which they are issued. An action to question the validity of the bonds issued for the waterworks district or to prevent their issuance may not be brought after the date fixed for the sale of the bonds.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.6-1997, SEC.131.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1.5. Municipal Utilities
Chapter 4. Department of Waterworks in Certain Municipalities
8-1.5-4-0.3. Effective Date of Certain Amendments Made to Section 14 of This Chapter
8-1.5-4-1. Application of Chapter
8-1.5-4-2. Department of Waterworks; Establishment; Board of Directors
8-1.5-4-3. Special Taxing District
8-1.5-4-4. Board; Powers and Duties
8-1.5-4-7. Revenues Set Aside for Operation and Maintenance
8-1.5-4-8. Revenues Set Aside for Payment of Bonds
8-1.5-4-9. Revenues Set Aside for Depreciation Account
8-1.5-4-10. Secured Debt or Charge
8-1.5-4-11. Bonds and Interest Issued Against Special Redemption Fund
8-1.5-4-12. Bonds; Additional Issue or Issues for Extension, Addition, or Improvement
8-1.5-4-13. Bonds; Application of Proceeds; Default
8-1.5-4-14. Services Rendered to Municipality; Payment
8-1.5-4-15. Construction, Extension, or Improvement; Procedure
8-1.5-4-18. Special Taxing District Bonds of the Waterworks District; Issuance