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 consider the creation of a county building authority; and
(3) fixes a time and place for that hearing;
the county auditor shall give notice by publication of the hearing. The notice shall be published in accordance with IC 5-3-1, and must set out the time, place, and purpose of the hearing.
(b) The members of the executive of the county and the fiscal bodies of the county and county seat shall meet at the time and place fixed in the notice. The presiding officers of each of the three (3) bodies shall elect one (1) of their number to preside as chair at the hearing, another as vice chair, and another as secretary.
(c) All interested citizens and taxpayers of the county may appear and are entitled to be heard at the hearing.
(d) The authority shall be established if, within sixty (60) days after the hearing, a concurrent resolution declaring a need for the authority is agreed upon and separately adopted by the county executive and county and municipal fiscal bodies.
(e) A copy of the concurrent resolution that is certified by affidavits of the county auditor and municipal clerk showing the date of adoption of the resolution by the three (3) bodies must be filed in the office of the recorder of the county for recording in the miscellaneous records. The certified and recorded copy of the resolution is admissible in evidence in any action or proceeding as proof of the establishment of the authority.
[Pre-Local Government Recodification Citation: 19-8-4-2.]
As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.45, SEC.46; P.L.127-2017, SEC.300.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 13. County Building Authority
36-9-13-1. Application of Chapter; "Eligible Entities" Defined
36-9-13-3. "Government Building" Defined
36-9-13-4. Building Authorities; Authorization; Purposes
36-9-13-5. Procedure for Establishment of Authority; Notice and Hearing
36-9-13-6. Trustees; Appointment; Terms of Office; Oaths
36-9-13-6.5. Withdrawal of Municipal County Seat From County Building Authority
36-9-13-7. Trustees; Appointment of Successors
36-9-13-8. Trustees; Failure to Qualify; Vacancies
36-9-13-9. Trustees; Meetings to Elect Officers and Appoint Board of Directors
36-9-13-10. Trustees; Adoption of Rules; Records; Additional Meetings
36-9-13-11. Board of Directors; Appointment; Terms of Office; Qualifications; Oaths
36-9-13-12. Directors; Appointment of Successors
36-9-13-13. Directors; Vacancies
36-9-13-14. Directors; Meetings to Elect Officers
36-9-13-15. Directors; Additional Meetings
36-9-13-16. Directors; Adoption of Rules; Quorum; Approval of Actions
36-9-13-17. Trustees and Directors; Actions Resulting in Vacation of Office
36-9-13-18. Removal of Trustees and Directors
36-9-13-19. Compensation of Trustees and Directors
36-9-13-20. Trustees and Directors; Conflicts of Interest
36-9-13-21. Preliminary Expenses
36-9-13-22. Powers and Duties of Board of Directors
36-9-13-22.5. Management Contract; Terms; Annual Budget; Tax Levy
36-9-13-24. Leases; Options to Renew
36-9-13-25. Leases; Options to Purchase; Authorization of Bond Issue to Pay Purchase Price
36-9-13-27. Leases; Notice and Hearing; Execution
36-9-13-32. Trust Indentures Securing Bonds or Loans
36-9-13-33. Proceeds; Application; Liens
36-9-13-34. Tax Levy to Pay Lease Rentals
36-9-13-35. Review of Annual Budget
36-9-13-36. Property and Revenues; Tax Exemption
36-9-13-37. Bonds and Other Securities; Tax Exemption
36-9-13-38. Handling of Funds; Employees' Bonds