36-1481. Issuance of bonds
A. A municipality may issue bonds in its discretion to finance the undertaking of
any redevelopment project under this article, including the payment of principal and
interest upon any advances for surveys and plans for redevelopment projects, and may also
issue refunding bonds for the payment or retirement of such bonds previously issued by
it. Such bonds shall be made payable, as to both principal and interest, solely from the
income, proceeds, revenues and funds of the municipality derived from or held in
connection with its undertaking and carrying out of redevelopment projects under this
article, whether or not they are financed in whole or in part with the proceeds of such
bonds, but payment of such bonds, both as to principal and interest, may be further or
exclusively secured by a pledge of any loan, grant or contribution from the federal
government or other source, in aid of any redevelopment projects of the municipality
undertaken under this article and by a mortgage of any of such redevelopment projects.
B. The bonds and other obligations of the municipality issued pursuant to
subsection A of this section are not a general obligation or general debt of the
municipality, the state or any of its political subdivisions, and neither the
municipality, the state, nor any of its political subdivisions are generally liable for
them, nor in any event shall the bonds or obligations give rise to a general obligation
or liability of the municipality, the state or any of its political subdivisions, or a
charge against their general credit or taxing powers, or be payable from any funds or
properties other than those funds or properties specifically described in subsection A of
this section and those bonds and obligations shall so state on their face. Bonds issued
under this section shall not constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restriction. Bonds issued under the
provisions of this article are declared to be issued for an essential public and
governmental purpose, and together with interest thereon and income therefrom, shall be
exempted from all taxes.
C. Bonds issued under this section shall be authorized by resolution of the local
governing body, may be issued in one or more series, shall bear such date or dates, be
payable upon demand or mature at such time or times, bear interest at such rate or rates,
be in such denomination or denominations, be in such form either coupon or registered,
carry such conversion or registration privileges, have such rank or priority, be executed
in such manner, be payable in such medium of payment, at such place or places, and be
subject to such terms of redemption, with or without premium, as provided by the
resolution or trust indenture or mortgage issued pursuant thereto.
D. Such bonds or any bonds issued to refund such bonds may be sold at public or
private sale at such price or prices as may be determined by the local governing body or
may be exchanged for other bonds on the basis of par. If sold at public sale, notice
shall be published once at least ten days prior to the sale in a newspaper having a
general circulation in the area of operation and in such other medium of publication as
the municipality determines.
E. If any of the public officials of the municipality whose signatures appear on
any bonds or coupons issued under this article cease to be such officials before delivery
of the bonds, their signatures shall nevertheless be valid and sufficient for all
purposes the same as if the officials had remained in office until delivery. Any
provision of law to the contrary notwithstanding, bonds issued pursuant to this article
shall be fully negotiable.
F. In any action or proceedings involving the validity or enforceability of any
bond issued under this article or the security for such bond, the recitation in substance
in the bond that it has been issued by the municipality in connection with a
redevelopment project shall be conclusive proof that the bond was issued for
such purpose and such project shall be conclusively deemed to have been planned, located
and carried out in accordance with the purposes and provisions of this article.
G. Neither the members of the governing body of a municipality or a commission nor
any persons executing the bonds are liable personally on the bonds by reason of their
issuance.
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