Title 36, LOCAL GOVERNMENT

Sec. 1. This chapter applies to all counties and to the following municipal corporations in each county: (1) Municipalities. (2) Townships. (3) School Corporations. (4) Health and hospital corporations. The municipal corporations to which this chapter applies are referred to as "…

Sec. 10. (a) The trustees may adopt rules and bylaws governing their procedure. (b) The proceedings of the trustees shall be recorded in a book provided for that purpose. (c) In addition to their meetings under section 9 of this chapter, the trustees may hold regular and special …

Sec. 11. (a) A county building authority is under the control of a board of directors. This board consists of five (5) directors, who shall be appointed by a majority vote of the building authority trustees. Each of the original directors shall serve from the date of the director…

Sec. 12. As the term of a director expires, the director's successor shall be appointed by a majority vote of the trustees. The new director shall serve for one (1) year from the first day of February after the new director's appointment, and until the new director's successor is…

Sec. 13. If a vacancy occurs on the board of directors, the trustees shall, by a majority vote, appoint a new director to serve the remainder of the term. [Pre-Local Government Recodification Citation: 19-8-4-5 part.] As added by Acts 1981, P.L.309, SEC.86.

Sec. 14. (a) The first directors of a building authority shall, within thirty (30) days after their appointment, meet for the purpose of electing officers. They shall elect from among themselves a president, a vice president, a secretary, and a treasurer. Each of these officers s…

Sec. 15. In addition to their meetings under section 14 of this chapter, the directors may hold the regular and special meetings they consider necessary. The directors may fix the times of these meetings and the notices required for meetings by resolution or under their rules and…

Sec. 16. (a) The directors may adopt the rules and bylaws they consider necessary for the proper conduct of their proceedings, the performance of their duties, and the safeguarding of the funds and property of the building authority. (b) A majority of the directors constitutes a …

Sec. 17. A trustee or director vacates the trustee's or director's office if the trustee or director does any of the following: (1) The trustee or director ceases to be a resident of the county. (2) The trustee or director becomes an officer or employee of an eligible entity. How…

Sec. 18. (a) This subsection only applies to an individual who is appointed a trustee by a county executive of a county that does not contain a consolidated city. A trustee serves at the pleasure of the county executive as long as the county executive retains all of the same memb…

Sec. 19. A trustee or director is not entitled to a salary but is entitled to reimbursement for expenses necessarily incurred in the performance of the trustee's or director's duties. [Pre-Local Government Recodification Citations: 19-8-4-3 part; 19-8-4-5 part.] As added by Acts …

Sec. 2. For purposes of this chapter, the following are considered the governing bodies of their respective eligible entities: (1) Board of commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1. (2) County council, for a county subject to IC 36-2-3.5. (3) City-count…

Sec. 20. A trustee or director may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. Any such transaction in which a trustee or director has a pecuniary interest is void. [Pre-Local Government Recodification Citation: 19-8-4-7…

Sec. 21. All necessary preliminary expenses that must be paid by the board of directors of a building authority before the issuance and delivery of bonds or the negotiation of a loan under this chapter, including expenses incurred in: (1) making surveys; (2) estimating costs and …

Sec. 22. (a) Except as provided in subsection (b), the board of directors of a building authority, acting in the name of the authority, may: (1) finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, equip, operate, maintain, and manage land, government bui…

Sec. 22.5. The authority may operate, maintain, and manage all or any part of a government building or system for the benefit of an eligible entity under a management contract entered into for a period of not more than forty (40) years. The management contract may contain any ter…

Sec. 23. (a) An eligible entity may lease land or any part of a government building or system from a building authority, and the authority may lease land or any part of a government building or system to an eligible entity. An eligible entity that enters into such a lease may sub…

Sec. 24. A lease under section 23 of this chapter may provide the eligible entity that is the lessee with an option to renew the lease for the same term or a shorter term, on the conditions provided in the lease. [Pre-Local Government Recodification Citation: 19-8-4-13 part.] As …

Sec. 25. (a) A lease under section 23 of this chapter may give one (1) or more of the lessees acting jointly or severally an option to purchase before the expiration of the term of the lease: (1) on the date or dates in each year that are fixed by the lease; and (2) at a price to…

Sec. 26. (a) A building authority proposing to build or purchase and remodel a government building for lease to an eligible entity must submit the plans, specifications, and estimates for the building or remodeling to the lessee or lessees before the execution of the lease. The p…

Sec. 27. (a) When a building authority and an eligible entity have agreed upon the terms and conditions of a proposed lease under section 23 of this chapter, a notice of a public hearing to be held in the county by the governing body of the eligible entity shall be given by publi…

Sec. 28. (a) If the terms and conditions of a proposed lease are approved under section 27 of this chapter, notice of the approval of the lease shall be given on behalf of the eligible entity by publication in accordance with IC 5-3-1. Ten (10) or more taxpayers in the eligible e…

Sec. 29. (a) An eligible entity that wants to have all or part of a government building constructed, reconstructed, or renovated on land owned or to be acquired by it may: (1) sell that land or building to a building authority; or (2) lease the land or building to the authority f…

Sec. 3. (a) As used in this chapter, "government building" means all or part of any structure used for: (1) governmental and public activities; (2) the detention of prisoners; (3) hospitals; or (4) city markets. (b) For purposes of this chapter, "government building" includes: (1…

Sec. 3.5. As used in this chapter, "system" means any of the following: (1) A computer (as defined in IC 36-8-15-4). (2) A communications system (as defined in IC 36-8-15-3(1)). (3) Mobile or remote equipment that is coordinated by or linked with a computer or communication syste…

Sec. 30. (a) For the purpose of obtaining money to pay the cost of: (1) acquiring or constructing government buildings; (2) acquiring land; (3) acquiring systems; (4) improving, reconstructing, or renovating government buildings, systems, or land; (5) repaying any advances for pr…

Sec. 31. (a) In lieu of authorizing and selling bonds under section 30 of this chapter, the board of directors of a building authority may adopt a resolution authorizing the negotiation of a loan or loans for the purpose of obtaining the required money. (b) The resolution authori…

Sec. 32. (a) The board of directors of a building authority may secure bonds issued under section 30 of this chapter or loans made under section 31 of this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or st…

Sec. 33. (a) The proceeds of any bonds issued under section 30 of this chapter or of any loans made under section 31 of this chapter shall first be applied to the reimbursement of all amounts advanced for preliminary expenses under section 21 of this chapter. The proceeds shall t…

Sec. 34. (a) Except as provided by subsection (d), an eligible entity that executes a lease under this chapter shall annually levy a tax sufficient to produce each year the necessary money with which to pay the lease rental required by the lease. These levies may be reviewed by o…

Sec. 35. The annual operating budget of a building authority is subject to review by the department of local government finance as in the case of other political subdivisions. [Pre-Local Government Recodification Citation: 19-8-4-24.] As added by Acts 1981, P.L.309, SEC.86. Amend…

Sec. 36. All the property and revenues of a building authority are exempt from taxation for all purposes. [Pre-Local Government Recodification Citation: 19-8-4-25 part.] As added by Acts 1981, P.L.309, SEC.86.

Sec. 37. All the bonds and other securities issued by a building authority, including the interest on them, are exempt from taxation for all purposes. [Pre-Local Government Recodification Citation: 19-8-4-25 part.] As added by Acts 1981, P.L.309, SEC.86.

Sec. 38. (a) Except as otherwise provided in this chapter, all money coming into possession of the building authority shall be deposited, held, and secured in accordance with the general statutes concerning the handling of public funds. The handling and expenditure of money comin…

Sec. 39. (a) All contracts let by a building authority for the construction and equipment of a government building must be let in accordance with the general statutes concerning public contracts. (b) All contracts let by a building authority for the acquisition of a system may be…

Sec. 4. A county may establish a separate municipal corporation to be known as the "__________ building authority" (including the name of the county seat and county) for the purpose of: (1) acquiring land; and (2) financing, acquiring, improving, constructing, reconstructing, ren…

Sec. 40. The records of a building authority are public records. [Pre-Local Government Recodification Citation: 19-8-4-26 part.] As added by Acts 1981, P.L.309, SEC.86.

Sec. 41. (a) This section does not apply to a county having a consolidated city. (b) The county fiscal body and the municipal fiscal body of the county seat may by concurrent resolution dissolve a building authority. They may consider dissolving the building authority at any time…

Sec. 5. (a) Whenever the county auditor receives a notice that: (1) is signed by the presiding officers of the county executive, the county fiscal body, and the municipal fiscal body of the county seat; (2) states that those bodies have agreed to hold a public hearing on and cons…

Sec. 6. (a) Within sixty (60) days after the adoption of the concurrent resolution under section 5 of this chapter, a board of building authority trustees shall be appointed. The board consists of five (5) trustees who are appointed in the following manner and for the following i…

Sec. 6.5. (a) Notwithstanding section 6 of this chapter, the municipal county seat may withdraw from the building authority under this section. (b) To withdraw from the building authority, the fiscal body of the municipality must do the following: (1) Adopt a resolution that stat…

Sec. 7. (a) As the term of a trustee expires, the trustee's successor shall be appointed by the same appointing authority, for a term of four (4) years. (b) A trustee holds over after the expiration of the trustee's term until the trustee's successor is appointed and qualified. […

Sec. 8. If a person appointed as a trustee: (1) fails to qualify within ten (10) days after notice of the trustee's appointment is mailed to the trustee; or (2) qualifies but then dies, resigns, vacates the trustee's office because the trustee is no longer a resident of the count…

Sec. 9. (a) The first trustees of the building authority shall, within thirty (30) days after their appointment, meet at a time and place designated by the circuit court for the county for the purpose of electing officers. The trustees shall elect from among themselves a presiden…

Sec. 1. As used in this chapter, "art association" means a nonprofit corporation organized under Indiana law to: (1) maintain a permanent art gallery; and (2) promote education in the fine and industrial arts; that owns, possesses, or maintains property for those purposes. [Pre-2…

Sec. 2. As used in this chapter, "cultural institution" means a historical society, an art association, or other nonprofit corporation organized under Indiana law to further the cultural development of the public. [Pre-2005 Elementary and Secondary Education Recodification Citati…