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 “eligible entities” in this chapter. [Pre-Local Government Recodification Citation: 19-8-4-1 part.] As added by […]
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 meetings as often as is necessary to […]
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’s appointment until the first day of […]
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 appointed and qualified. [Pre-Local Government Recodification […]
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 shall perform the duties usually pertaining to the officer’s office, […]
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 bylaws. [Pre-Local Government Recodification Citation: 19-8-4-5 part.] As […]
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 quorum, and the concurrence of a majority of the […]
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. However, a director does not vacate […]
Sec. 18. (a) A person seeking the removal of a trustee for: (1) neglect of duty; (2) incompetence; (3) inability to perform the trustee’s duties; or (4) any other good cause; may file a complaint in the circuit or superior court for the county in which the building authority is located. The complaint must set […]
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 1981, P.L.309, SEC.86. Amended by P.L.127-2017, SEC.310.
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-county council, for a consolidated city or county having a […]
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.] As added by Acts 1981, P.L.309, SEC.86.
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 receipts; (3) employing engineers, architects, or consultants; (4) giving […]
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 buildings, or systems for the joint or separate use of one (1) or more […]
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 terms agreed to by the authority and […]
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 sublease part of the […]
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 added by Acts 1981, P.L.309, SEC.86.
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 […]
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 plans and specifications must also be submitted to the […]
