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Ind. Code § 36-7-12-24

Hearing on proposed financing of facilities; approval by commission

Applied in 1 court decision — leading case Marsym Development Corp. v. Winchester Economic Development Commission (1984)

Most recently applied in Marsym Development Corp. v. Winchester Economic Development Commission (January 1984)

As added by Acts 1981, P.L.309, SEC.31

Sec. 24. (a) The economic development commission shall hold a public hearing, for itself and on behalf of the fiscal body of the unit proposing to issue the bonds, on the proposed financing of the economic development or pollution control facilities, after giving notice by publication in accordance with IC 5-3-1 in the unit proposing to issue the bonds and in the municipality, if any, where the facilities are to be located. However, in the case of a program financing under section 18.5 of this chapter that is funded with taxable bonds, the public hearing requirement of this section need not be complied with until the economic development or pollution control facilities to be financed with program funds have been identified.

(b) Upon findings by the commission that:

(1) the proposed financing will be of benefit to the health or general welfare of the unit proposing to issue the bonds, or the unit where the facilities are to be located, or both; and

(2) the proposed financing complies with this chapter;

the commission shall, by resolution, approve the financing, including the form and terms of the financing agreement, the bonds and the trust indenture (if any). The secretary of the commission shall transmit the resolution to the fiscal body of the unit proposing to issue the bonds.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.