CHAPTER 5. COOPERATIVE AGREEMENTS AND TRANSFERS OF RESPONSIBILITIES
IC 36-1.5-5
Chapter 5. Cooperative Agreements and Transfers ofResponsibilities
IC 36-1.5-5-1
Cooperative agreements; method to enter cooperative agreements
Sec. 1. Notwithstanding any other law, two (2) or more politicalsubdivisions may enter into a cooperative agreement under thischapter by using the same procedures set forth in this article for theinitiation and approval of a reorganization under this article. Acooperative agreement under this chapter may be initiated andapproved only in the manner set forth in this article for the initiationand approval of a reorganization under this article.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-2
Required elements of cooperative agreements
Sec. 2. (a) A cooperative agreement under this chapter mustprovide at least for the following:
(1) Its duration.
(2) Its purpose.
(3) The manner of financing, staffing, and supplying any jointundertaking and of establishing and maintaining a budget forany joint undertaking that is the subject of the cooperativeagreement.
(4) The methods that may be employed in accomplishing thepartial or complete termination of the cooperative agreementand for disposing of property upon partial or completetermination of the cooperative agreement.
(5) The manner in which the cooperative agreement is to beadministered.
(6) The manner of acquiring, holding, and disposing of real andpersonal property that is the subject of the cooperativeagreement.
(b) A cooperative agreement may include any condition or termthat is necessary or appropriate.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-3
Transfer of functions of employee, department, or elected office
Sec. 3. (a) The cooperative agreement may transfer the functionsof an employee or a department of a political subdivision, includingan elected office, to another employee or department of any politicalsubdivision that has entered into the cooperative agreement.
(b) The functions of an elected office may be transferred only toanother elected office.
(c) The cooperative agreement may provide for the abolishmentof an elected office that is not required by the Constitution of theState of Indiana.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-4
Sharing of services of employees
Sec. 4. A political subdivision may enter into a cooperativeagreement with an entity to share the services of an employeeemployed by any party to the agreement.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-5
Appropriation and pledge of revenues
Sec. 5. A cooperative agreement may provide that a politicalsubdivision:
(1) may appropriate and pledge any legally available revenuesto the payment of the bonds, leases, or other obligations ofanother political subdivision that is a party to the cooperativeagreement; and
(2) will appropriate legally available revenues for any otherpayment under the cooperative agreement;
if the political subdivision's fiscal body finds that it is necessary,desirable, and in the best interests of the residents of that politicalsubdivision.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-6
Limit on actions under cooperative agreement
Sec. 6. (a) A cooperative agreement may not permit an entity oranother instrumentality established to administer the cooperativeagreement to take any action that at least one (1) of the parties to thecooperative agreement could not carry out on its own.
(b) A cooperative agreement may permit the transfer of moneyfrom one (1) fund of a political subdivision for a use authorized bythe cooperative agreement.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-7
Effective date of cooperative agreement transferring functions ofelected office
Sec. 7. (a) A cooperative agreement transferring the functions ofan elected office becomes effective only at the end of the term of theincumbent that holds the office.
(b) Any law, rule, or agreement that requires or permits an actionby an employee or elected officer after the functions of the employeeor elected officer are transferred shall be treated as referring to theemployee or elected officer to which the functions have beentransferred by the cooperative agreement.
As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-8
Adjustment of property tax levies, property tax rates, and budgets
Sec. 8. The department of local government finance shall adjustas necessary tax rates, tax levies, and budgets of political
subdivisions that enter into a cooperative agreement under thischapter in the same manner as tax rates, tax levies, and budgets areadjusted under IC 36-1.5-3 for reorganizing political subdivisions.
As added by P.L.186-2006, SEC.4.