LegalFix

36-10-3-28. Primary obligation on bond; transfer of powers, duties, liabilities, and other obligations on discontinuation or establishment of new board

IN Code § 36-10-3-28 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 28. (a) If a board or district is discontinued under section 3 or 3.1 of this chapter, and a new board or district is not established, the primary obligation on its bonds is not affected, and the unit assumes liability for the payment of the bonds according to their terms.

(b) An ordinance adopted under section 3 or 3.1 of this chapter that discontinues a board or district and establishes a new board or district must provide all of the following:

(1) All powers, duties, and liabilities of the discontinued board or district are transferred to the newly established board or district.

(2) All records and property of each entity, including appropriations and other funds under the control or supervision of the discontinued board or district, are transferred to the newly established board or district.

(3) Any amounts owed to a discontinued board or district before the effective date of the ordinance are considered to be owed to the new board or district.

(4) All powers, duties, and liabilities of a discontinued board or district with respect to bonds issued by that board or district are transferred to the newly established board or district, as the successor board or district. The rights of the bondholders of a discontinued board or district remain unchanged, although the powers, duties, and liabilities of the entity have been transferred to the new board or district, as the successor board or district, as of the effective date of the ordinance adopted under section 3 or 3.1 of this chapter.

[Pre-Local Government Recodification Citation: 19-7-4-43.]

As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.75-2019, SEC.6.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
36-10-3-28. Primary obligation on bond; transfer of powers, duties, liabilities, and other obligations on discontinuation or establishment of new board