Title 36, LOCAL GOVERNMENT

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.

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to: (1) political subdivisions and agencies of political subdivisions that determine to acquire structures, transportation projects, or systems by lease or lease-purchase; (2) a convention and visitor bureau e…

Sec. 10. (a) A lessor proposing to build, acquire, improve, remodel, or expand a structure for lease to a political subdivision or agency shall submit plans, specifications, and estimates to the leasing agent before executing a lease. The leasing agent shall submit the plans and …

Sec. 11. (a) The lessor must hold in fee simple land on which a structure is to be erected, acquired, improved, remodeled, or expanded. The lessor must hold in fee simple a structure that is to be acquired, improved, remodeled, or expanded. (b) The leasing agent may sell land or …

Sec. 12. (a) The leasing agent may, in anticipation of the acquisition of a site on which a structure is to be constructed, acquired, improved, remodeled, or expanded, enter into a contract to lease a structure from the lessor before the actual acquisition of the site and the con…

Sec. 13. (a) After the leasing agent and the lessor have agreed upon the terms and conditions of the lease but before the execution of the lease, the leasing agent shall publish notice, in accordance with IC 5-3-1, of a public hearing to be held before the leasing agent. The cost…

Sec. 14. (a) As used in this section, "threshold amount" has the meaning set forth in section 7 of this chapter. (b) This section does not apply if the total annual cost of the lease is less than the threshold amount. (c) If lease rentals are payable, in whole or in part, from pr…

Sec. 15. An action to contest the validity of a lease under this chapter, or to enjoin performance under the lease, must be brought within thirty (30) days after publication of notice of the execution of the lease by the leasing agent or, if an appeal has been taken to the depart…

Sec. 16. (a) A political subdivision or agency owning a structure with respect to which its revenue bonds are outstanding may, to refinance those bonds, convey the structure to the lessor in fee simple and lease it from the lessor in accordance with this chapter. (b) The price of…

Sec. 17. (a) A political subdivision or agency that executes a lease under this chapter shall, subject to subsection (d), make an annual appropriation and tax levy at a rate to provide sufficient money to pay the rental payable from property taxes stipulated in the lease. (b) The…

Sec. 18. Structures, transportation projects, and systems leased by a lessor contracting with the political subdivision or agency under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of a lease is subject to t…

Sec. 19. A lessor may assign or convey a lease entered into under this chapter to any other person as set forth in the lease. A lessor may convey the structures, transportation projects, or system to any person. However, an assignment or conveyance under this section does not aff…

Sec. 2. As used in this chapter: "Leasing agent" means the board or officer of a political subdivision or agency with the power to lease structures. "Parking facility" refers to a parking facility as defined in IC 36-9-1. "Structure" means: (1) a building used in connection with …

Sec. 21. (a) A not-for-profit corporation qualifying as a lessor corporation under this chapter may issue and sell bonds and other securities. Mortgage bonds issued by a lessor corporation that are a first lien on the leased property shall be considered legal and proper investmen…

Sec. 22. (a) This section applies only to a lease that meets all of the following: (1) The lease was entered into before January 1, 2019. (2) The total annual cost of the lease is less than two hundred fifty thousand dollars ($250,000). (3) Any one (1) of the following applies: (…

Sec. 3. Any of the following persons may lease property to a political subdivision or agency under this chapter: (1) A profit or not-for-profit corporation organized under Indiana law or admitted to do business in Indiana. (2) A partnership, association, limited liability company…

Sec. 4.1. (a) A leasing agent who wants to lease a structure or transportation project must comply with this chapter. A leasing agent who wants to lease a system must comply with this chapter or IC 5-22. (b) A leasing agent who enters into a lease under this section without an op…

Sec. 5. Notwithstanding sections 6, 12, 16, and 17 of this chapter, the following procedure shall be followed whenever a lease does not contain an option to purchase: (1) The lease must provide that the lease is subject to annual appropriation by the appropriate fiscal body. (2) …

Sec. 6. A leasing agent may not enter into a lease for a period of more than fifty (50) years. [Pre-Local Government Recodification Citation: 18-5-3.3-1 part.] As added by Acts 1981, P.L.57, SEC.36.

Sec. 7. (a) As used in this section, "threshold amount" means two hundred fifty thousand dollars ($250,000). (b) This section does not apply if the total annual cost of the lease is less than the threshold amount. (c) A leasing agent for a political subdivision, other than a scho…

Sec. 7.5. (a) This section applies only to a school corporation. (b) A leasing agent may not lease a structure, transportation project, or system unless the governing body of the school corporation determines, after investigation, that the structure, transportation project, or sy…

Sec. 8. (a) If two (2) or more leasing agents propose to enter into a lease jointly, joint meetings of the leasing agents may be held. However, joint leasing must be approved by each leasing agent's fiscal body. (b) A lease executed by two (2) or more leasing agents as joint less…