Title 36, LOCAL GOVERNMENT

Sec. 11.1. (a) Upon the defeasance of an issue of capital improvement board bonds, the board may use funds in its capital improvement bond fund for those defeased bonds for the purposes set forth in subsection (b) if the board: (1) has sold all or part of a capital improvement to…

Sec. 12. (a) A capital improvement may be financed in whole or in part by the issuance of bonds payable, to the extent stated in the resolution or trust agreement providing for the issuance of the bonds, solely from one (1) or more of the following sources: (1) Net income receive…

Sec. 13. (a) Revenue bonds issued under this chapter may be secured by a trust agreement by and between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana. Any resolution adopted by the board providing for the…

Sec. 14. (a) The Indiana general assembly covenants with the purchasers of any bonds or notes issued under this chapter that: (1) the excise taxes pledged to the payment of those bonds and notes will not be repealed, amended, or altered in any manner that would reduce or adversel…

Sec. 15. (a) A capital improvement may be financed in whole or in part by the issuance of general obligation bonds of the county. (b) If the board desires to finance a capital improvement in whole or in part as provided in this section, it shall have prepared a resolution to be a…

Sec. 16. All money received from any bonds issued under this chapter shall be applied solely to the payment of the construction cost of the capital improvement or capital improvements or the cost of refunding or refinancing outstanding bonds or notes, for which the bonds are issu…

Sec. 17. Unless their rights are restricted by the appropriate bond resolution, ordinance, or trust agreement, any holder of notes or bonds (except pre-1981 general obligation bonds) issued under this chapter or a trustee under a trust agreement entered into under this chapter ma…

Sec. 18. All property owned or used and all income and revenues received by the board are exempt from special assessments and taxation in Indiana for all purposes. As added by Acts 1982, P.L.77, SEC.28.

Sec. 19. The board and the state, any department, agency, or commission of the state, or any department, agency, or commission of municipal or county government, may enter into agreements, contracts, or leases with each other on the terms that are agreed upon, providing for joint…

Sec. 2. As used in this chapter: "Board" refers to a capital improvement board of managers created under this chapter. "Bonds" means bonds issued under section 12 or section 15 of this chapter and, except as used in section 12 of this chapter or unless the context otherwise requi…

Sec. 20. (a) Four million dollars ($4,000,000) has been appropriated out of money in the general fund of the state not otherwise appropriated for distribution by the auditor and treasurer of state to a board that was in existence on March 11, 1967, to be expended by the board for…

Sec. 21. (a) In anticipation of funds to be received from any source, the board may borrow money and issue notes for a term not exceeding ten (10) years and at a rate or rates of interest determined by the board. The notes shall be issued in the name of the "capital improvement b…

Sec. 22. A board established under this chapter may defend any current or former member of the board or its officers, employees, or agents in a claim or suit, at law or in equity, that arises from the exercise of powers or the performance of duties or services for the board or th…

Sec. 3. (a) A capital improvement board of managers is created in the county. (b) The county may finance, construct, equip, operate, and maintain a capital improvement under this chapter. As added by Acts 1982, P.L.77, SEC.28.

Sec. 4. (a) The board is composed of nine (9) members. Five (5) members shall be appointed by the executive of the consolidated city, two (2) members shall be appointed by the governor, one (1) member shall be appointed by the legislative body of the consolidated city from among …

Sec. 5. (a) Immediately after January 15 each year, the board shall hold an organizational meeting. It shall elect one (1) of the members president, another vice president, another secretary, and another treasurer to perform the duties of those offices. The officers serve from th…

Sec. 6. The board may, acting under the title "capital improvement board of managers of __________ County", do the following: (1) Acquire by grant, purchase, gift, devise, lease, condemnation, or otherwise, and hold, use, sell, lease, or dispose of, real and personal property and…

Sec. 6.5. (a) The following definitions apply throughout this section: (1) "Contract" includes a lease or other agreement. (2) "Contract limitation" refers to a bid specification, project agreement, lease provision, or other contract document that does any of the following: (A) R…

Sec. 7. (a) The purchase or lease of material and work on a capital improvement shall be done by the board under statutes governing these activities by counties. However, if the total cost of construction or equipping of a capital improvement or of the alteration, maintenance, or…

Sec. 8. (a) The board shall prepare a budget for each calendar year covering the projected operating expenses, projected expenditures for capital improvements or land acquisition, and estimated income to pay the operating expenses and capital expenditures, including amounts, if a…

Sec. 8.1. (a) During 2009, the board shall prepare a long range financial plan covering the period beginning with the year 2010 and ending with the year 2041. The long range financial plan must set forth the following: (1) The schedule for the retirement of all debt that is outst…

Sec. 9. (a) The treasurer of the board is the official custodian of all funds and assets of the board and is responsible for their safeguarding and accounting. The treasurer shall give bond for the faithful performance and discharge of all duties required of the treasurer by law …

Sec. 1. (a) Except as provided in subsection (b), the governing body may determine and impose rates and charges of the district based on the following: (1) A flat charge for each system. (2) Variable charges based on the capacity of a system. (3) Other factors that the governing …

Sec. 2. Unless the governing body finds and directs otherwise, the district is considered to benefit every: (1) lot; (2) parcel of land; or (3) building; served by a system. The rates or charges shall be billed and collected accordingly. As added by P.L.161-2002, SEC.2 and P.L.17…

Sec. 3. (a) Just and equitable rates and charges are those that produce sufficient revenue to pay all expenses incidental to the operation of the district. (b) Rates and charges too low to meet the financial requirements described in subsection (a) are unlawful. As added by P.L.1…

Sec. 4. The governing body shall establish the rates and charges after a public hearing at which all: (1) the owners of systems; and (2) others interested; have an opportunity to be heard concerning the proposed rates and charges. As added by P.L.161-2002, SEC.2 and P.L.172-2002,…

Sec. 5. After introduction of the ordinance initially fixing rates and charges but before the ordinance is finally adopted, notice of the hearing setting forth the proposed schedule of the rates and charges must be given by publication one (1) time each week for two (2) weeks: (1…

Sec. 6. (a) The ordinance establishing the initial rates and charges, either as: (1) originally introduced; or (2) modified and amended; shall be passed and put into effect after the hearing. However, the governing body must approve any modification or amendment of the rates and …

Sec. 7. A change of the rates and charges may be made in the same manner as the rates and charges were originally established. As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.