2022 Indiana Code
Title 36. Local Government
Article 7. Planning and Development
Chapter 12. Economic Development and Pollution Control
36-7-12-28. Trust Indentures Securing Bonds

Sec. 28. (a) The fiscal body of a unit issuing bonds under this chapter may secure them by a trust indenture between the unit and a corporate trustee. The corporate trustee may be any trust company, national bank, or state bank that is in Indiana and has trust powers.

(b) A trust indenture under this section may:

(1) mortgage the land, any interest in land, or the facilities on account of which the bonds are issued;

(2) pledge all or part of the payments to be received by the unit;

(3) set forth the rights and remedies of the trustee and the holders of the bonds, including provisions restricting the individual right of action of the holders;

(4) contain provisions considered reasonable for protecting and enforcing the rights and remedies of the holders or lenders, including covenants setting forth duties of the unit and the economic development commission regarding:

(A) the construction of the facilities; and

(B) the custody, safeguarding, application, and investment of revenues received or to be received by the unit on account of the facilities financed by the issuance of the bonds;

(5) contain provisions regarding the investment of money, the sale, exchange, or disposal of property, and the manner of authorizing and making payments, notwithstanding any general statute relating to these matters; and

(6) provide for the establishment of reserve funds from the proceeds of the bonds or from other sources to secure the prompt payment of the principal and interest on them.

[Pre-Local Government Recodification Citation: 18-6-4.5-22.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.8; P.L.25-1987, SEC.54.