Title 36, LOCAL GOVERNMENT

Sec. 5. The county fiscal body may adopt any additional appropriations of the unit by ordinance before the department of local government finance may approve the additional appropriation. As added by P.L.184-2015, SEC.13.

Sec. 1. As used in this chapter, "authority" refers to a multiple jurisdiction infrastructure authority established under this chapter. As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.5.

Sec. 10. (a) A member appointed under section 9 of this chapter must be a resident of the unit whose officials or representatives make the appointment. (b) A member appointed under section 9(1) or 9(2) of this chapter by a unit executive or unit fiscal body must be an elected off…

Sec. 11. (a) A member of the board appointed under section 9 of this chapter serves a term of four (4) years. (b) The agreement establishing the authority under this chapter must provide: (1) that the terms of the initial members appointed under section 9 of this chapter expire a…

Sec. 12. The officials responsible for appointing members of the board shall fill a vacancy on the board among the members appointed under section 9 of this chapter by appointment for the unexpired term. As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.12.

Sec. 13. (a) A member of the board is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved…

Sec. 15. The members shall elect: (1) a chair; (2) a vice chair; (3) a secretary; and (4) other officers determined to be necessary for the board to function; at the first meeting of the board in January of each year. As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, S…

Sec. 16. The members shall fill a vacancy in an office described by section 15 of this chapter for the unexpired term. As added by P.L.346-1989(ss), SEC.7.

Sec. 17. (a) A majority of the members of the board constitutes a quorum for the transaction of business. The affirmative vote of a majority of the board is necessary for an action to be taken by the board. (b) A member may vote by written proxy delivered in advance to the chair …

Sec. 18. Meetings of the board shall be held at the call of the chair or at the request of at least three (3) members. The board shall meet at least once every three (3) months to attend to the business of the authority. As added by P.L.346-1989(ss), SEC.7. Amended by P.L.127-201…

Sec. 19. The board may do the following: (1) Borrow money or otherwise incur indebtedness for any of its purposes, and issue revenue bonds, notes, or other evidences of indebtedness, whether secured or unsecured (other than general obligation bonds), to a person. (2) Purchase, di…

Sec. 2. As used in this chapter, "board" refers to the board of directors of the authority. As added by P.L.346-1989(ss), SEC.7.

Sec. 20. The board may adopt bylaws, rules, and regulations without complying with IC 4-22-2. As added by P.L.346-1989(ss), SEC.7.

Sec. 21. The board's powers under this chapter shall be interpreted broadly to effectuate the purposes of this chapter and may not be construed as a limitation of powers. As added by P.L.346-1989(ss), SEC.7.

Sec. 22. The board must adopt a resolution before issuing and selling revenue bonds under this chapter. The amount of the bonds issued under a resolution may not exceed the total, as estimated by the board, of all expenses reasonably incurred in connection with the purpose for wh…

Sec. 23. In determining the amount of bonds to be issued and sold, the board may include the costs of the following: (1) Acquisition and construction of infrastructure. (2) Financing charges, bond sale discount, reasonable issuance costs, and interest accruing on the bonds before…

Sec. 24. The bonds must indicate the following on the face of each bond: (1) The denomination of the bond. (2) The maturity date or dates, not exceeding fifty (50) years from the date of issue. (3) The interest rate or rates if fixed rates are used, or the manner in which the int…

Sec. 25. The bonds: (1) shall be executed by the manual or facsimile signature of the chair of the board; (2) shall be attested by the manual or facsimile signature of the secretary of the board; (3) shall be imprinted or impressed with the seal of the authority; (4) may be authe…

Sec. 26. The bonds, when issued, have all the qualities of negotiable instruments under IC 26, subject to their provisions for registration, and are incontestable in the hands of a bona fide purchaser or holder of bonds for value. As added by P.L.346-1989(ss), SEC.7.

Sec. 27. The bonds issued under this chapter may be sold by the board at a public or private sale at a time or times determined by the board. As added by P.L.346-1989(ss), SEC.7.

Sec. 28. The proceeds of bonds issued under this chapter are appropriated for the purpose for which the bonds are issued. The proceeds shall be deposited and disbursed in accordance with any provisions and restrictions that the board provides in the resolution or trust indenture …

Sec. 29. The bonds issued under this chapter constitute the corporate obligations only of the authority and are payable solely from and secured exclusively by the pledge of all or part of the revenues of the authority, as set forth in the resolution of the authority. As added by …

Sec. 3.7. This chapter applies to all units except townships. As added by P.L.86-1999, SEC.6.

Sec. 30. With respect to bonds for which a pledge of revenue has been made under this chapter, the general assembly convenants with the authority and the purchasers or owners of those bonds that this chapter will not be repealed or amended in any manner that will adversely affect…

Sec. 31. The board shall adopt, and may amend or repeal, a long term management plan for the authority. As added by P.L.346-1989(ss), SEC.7.

Sec. 32. (a) The board may appoint an executive director of the authority. (b) If the board determines to appoint an executive director, the board shall appoint a nominating committee composed of members of the board. The committee must submit a recommendation to the board concer…

Sec. 33. The executive director shall: (1) administer, manage, and direct the affairs and activities of the authority in accordance with the policies of the board and under the control and direction of the board; (2) maintain and be custodian of all books, documents, and papers f…

Sec. 34. The executive director must approve all accounts for salaries, allowable expenses of the board or of an employee or consultant, and the expenses incidental to the operation of the authority. As added by P.L.346-1989(ss), SEC.7.

Sec. 35. The secretary of the board may: (1) make copies of the minutes of the board and other records and documents of the authority; and (2) give certificates under the seal of the authority to the effect that the copies are true copies. As added by P.L.346-1989(ss), SEC.7.…

Sec. 36. The board may, without the approval of the attorney general or any other state officer, employ legal counsel, technical experts, and permanent or temporary officers, agents, and employees that the board determines necessary to carry out the efficient operation of the aut…

Sec. 37. The board may delegate to one (1) or more agents or employees of the authority the administrative duties the board considers proper. As added by P.L.346-1989(ss), SEC.7.

Sec. 38. The board shall adopt personnel policies governing the employees of the authority. As added by P.L.346-1989(ss), SEC.7.

Sec. 39. An employee of the authority is not an employee of the state. As added by P.L.346-1989(ss), SEC.7.

Sec. 4. (a) A multiple jurisdiction infrastructure authority may be established under this chapter by: (1) ordinance of the fiscal body of each unit participating in the authority; and (2) if a county is one (1) of the units participating in the authority, the order of the execut…

Sec. 40. A member of the board or employee of the authority who has, will have, or later acquires an interest, direct or indirect, in a transaction with the authority shall immediately disclose the nature and extent of the interest in writing to the board as soon as the member or…

Sec. 41. A disclosure under section 40 of this chapter shall be announced at the first meeting of the board following the disclosure and entered upon the minutes of that meeting. Upon disclosure, the member or employee shall not participate in an action by the board or authority …

Sec. 42. Notwithstanding any other law, an officer or employee of the state or a political subdivision does not forfeit that office or employment by reason of acceptance of membership on the board or of providing services to the authority. As added by P.L.346-1989(ss), SEC.7.

Sec. 43. The members of the board and the officers, employees, and agents of the authority are not subject to personal liability or accountability by reason of an act authorized by this chapter. As added by P.L.346-1989(ss), SEC.7.

Sec. 44. The board may create funds and accounts necessary and desirable for its purposes. As added by P.L.346-1989(ss), SEC.7.

Sec. 45. All money of the authority, except as provided in this chapter, shall be deposited as soon as practicable in a separate account or accounts in one (1) or more financial institutions. The money in these accounts shall be paid on checks signed by the chair or other officer…

Sec. 46. Notwithstanding any other law, funds received by the authority under this chapter are trust funds to be held and applied solely as provided by this chapter. As added by P.L.346-1989(ss), SEC.7.

Sec. 47. The funds and accounts of the authority are subject to audit by the state board of accounts. As added by P.L.346-1989(ss), SEC.7. Amended by P.L.181-2015, SEC.48.

Sec. 48. All property, both tangible and intangible, acquired or held by the authority under this chapter is public property used for public and governmental purposes. All the property, along with the income from the property, is exempt from all taxes imposed by the state or a po…

Sec. 49. All expenses incurred by the board in carrying out this chapter are payable solely from funds provided under this chapter. This chapter does not authorize the board to incur indebtedness or liability on behalf of or payable by the state or a political subdivision. As add…

Sec. 5. The purpose of the authority is to promote cooperation among the units participating in the authority in order to assist the development of the units included in the agreement by doing the following: (1) Utilizing private and public sector resources to address development…

Sec. 50. The board shall, at the close of each fiscal year, submit in an electronic format under IC 5-14-6 an annual report of its activities for the preceding year to the legislative council. Each member of the general assembly may receive a copy of the report by submitting a re…