CHAPTER 7. INTERLOCAL COOPERATION
IC 36-1-7
Chapter 7. Interlocal Cooperation
IC 36-1-7-1
Application of chapter
Sec. 1. This chapter applies to the following:
(1) The state.
(2) All political subdivisions.
(3) All state agencies.
(4) Any of the following created by state law:
(A) Public instrumentalities.
(B) Public corporate bodies.
(5) Another state to the extent authorized by the law of thatstate.
(6) Political subdivisions of states other than Indiana, to theextent authorized by laws of the other states.
(7) Agencies of the federal government, to the extent authorizedby federal laws.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.5-1993,SEC.336; P.L.221-2007, SEC.24.
IC 36-1-7-2
Permissible powers
Sec. 2. (a) A power that may be exercised by an Indiana politicalsubdivision and by one (1) or more other governmental entities maybe exercised:
(1) by one (1) or more entities on behalf of others; or
(2) jointly by the entities.
Entities that want to do this must, by ordinance or resolution, enterinto a written agreement under section 3 or 9 of this chapter.
(b) Notwithstanding subsection (a), Indiana governmental entitiesthat want only to buy, sell, or exchange services, supplies, orequipment between or among themselves may enter into contracts todo this and follow section 12 of this chapter.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-7-3
Agreements; contents; powers under agreements
Sec. 3. (a) An agreement under this section must provide for thefollowing:
(1) Its duration.
(2) Its purpose.
(3) The manner of financing, staffing, and supplying the jointundertaking and of establishing and maintaining a budgettherefor.
(4) The methods that may be employed in accomplishing thepartial or complete termination of the agreement and fordisposing of property upon partial or complete termination.
(5) Administration through:
(A) a separate legal entity, the nature, organization,
composition, and powers of which must be provided; or
(B) a joint board composed of representatives of the entitiesthat are parties to the agreement, and on which all parties tothe agreement must be represented.
(6) The manner of acquiring, holding, and disposing of real andpersonal property used in the joint undertaking, whenever ajoint board is created under subdivision (5)(B).
In addition, such an agreement may provide for any other appropriatematters.
(b) A separate legal entity or joint board established by anagreement under this section has only the powers delegated to it bythe agreement. The agreement may not provide for members,directors, or trustees of the separate legal entity or joint board tomake appointments (either individually or jointly) to fill vacancieson the separate legal entity or joint board.
(c) Subsection (a)(6) does not apply to an emergency managementassistance compact under IC 10-14-5.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.56-1988,SEC.11; P.L.30-1998, SEC.3; P.L.2-2003, SEC.99.
IC 36-1-7-4
Agreements; when attorney general's approval required
Sec. 4. (a) If an agreement under section 3 of this chapter:
(1) involves as parties:
(A) only Indiana political subdivisions; or
(B) an Indiana political subdivision and:
(i) a public instrumentality; or
(ii) a public corporate body;
created by state law;
(2) is approved by the fiscal body of each party that is an Indianapolitical subdivision either before or after the agreement isentered into by the executive of the party; and
(3) delegates to the treasurer or disbursing officer of one (1) ofthe parties that is an Indiana political subdivision the duty toreceive, disburse, and account for all monies of the jointundertaking;
then the approval of the attorney general is not required.
(b) If subsection (a) does not apply, an agreement under section3 of this chapter must be submitted to the attorney general for theattorney general's approval. The attorney general shall approve theagreement unless the attorney general finds that it does not complywith the statutes, in which case the attorney general shall detail inwriting for the parties the specific respects in which the agreementdoes not comply. If the attorney general fails to disapprove theagreement within sixty (60) days after it is submitted to the attorneygeneral, it is considered approved.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.221-2007,SEC.25.
IC 36-1-7-5 Agreements; approval of state officer or state agency having powerto control services or facilities; reciprocal borrowing agreements
Sec. 5. (a) Except as provided in subsection (b) and regardless ofthe requirements of section 4 of this chapter, if an agreement undersection 3 of this chapter concerns the provision of services orfacilities that a state officer or state agency has power to control, theagreement must be submitted to that officer or agency for approvalbefore it takes effect.
(b) If a reciprocal borrowing agreement under section 3 of thischapter concerns the provision of library services or facilitiesbetween public libraries that are of the same nature as the servicesprovided under the statewide library card program underIC 4-23-7.1-5.1, the reciprocal borrowing agreement is not requiredto be submitted to the Indiana library and historical board forapproval before the reciprocal borrowing agreement takes effect, buta copy of the reciprocal borrowing agreement shall be submitted tothe state library.
(c) Approval or disapproval is governed by the same provisionsprescribed by section 4(b) of this chapter for the attorney general.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.37-1993,SEC.4.
IC 36-1-7-6
Agreements; recording; filing
Sec. 6. Before it takes effect, an agreement under section 3 of thischapter must be recorded with the county recorder. Not later thansixty (60) days after it takes effect, such an agreement must be filedwith the state board of accounts for audit purposes.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-7-7
Agreements; law enforcement or firefighting services
Sec. 7. (a) Except as provided in subsection (c), if an agreementunder section 3 of this chapter concerns the provision of lawenforcement or firefighting services, the following provisions apply:
(1) Visiting law enforcement officers or firefighters have thesame powers and duties as corresponding personnel of theentities they visit, but only for the period they are engaged inactivities authorized by the entity they are visiting, and aresubject to all provisions of law as if they were providingservices within their own jurisdiction.
(2) An entity providing visiting personnel remains responsiblefor the conduct of its personnel, for their medical expenses, forworker's compensation, and if the entity is a volunteer firedepartment, for all benefits provided by IC 36-8-12.
(b) A law enforcement or fire service agency of a unit or of thestate may request the assistance of a law enforcement or fire serviceagency of another unit, even if no agreement for such assistance is ineffect. In such a case, subsection (a)(1) and (a)(2) apply, the agencyrequesting assistance shall pay all travel expenses, and all visiting
personnel shall be supervised by the agency requesting assistance.
(c) This subsection applies to a law enforcement officer that visitsanother state after a request for assistance from another state underthe emergency management compact is made under IC 10-14-5. Alaw enforcement officer that visits another state does not have thepower of arrest unless the law enforcement officer is specificallyauthorized to exercise the power by the receiving state.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.28-1988,SEC.115; P.L.229-1996, SEC.1; P.L.30-1998, SEC.4; P.L.1-1999,SEC.80; P.L.2-2003, SEC.100.
IC 36-1-7-8
Interstate compact
Sec. 8. If any entities of other jurisdictions are parties to anagreement under section 3 of this chapter, the agreement constitutesan interstate compact. However, in a case or controversy involvingsuch an agreement, all parties to the agreement shall be consideredreal parties in interest; and if the state suffers any damages or incursany liability as a result of being joined as a party in such a case orcontroversy, it may bring an action against any entity causing thestate to suffer damages or incur liability.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-7-9
Agreements between municipality and county; contents
Sec. 9. (a) This section may be used only for an agreementbetween an Indiana municipality and the executive of the county inwhich it is located concerning highway construction andmaintenance and related matters.
(b) An agreement under this section must provide for thefollowing:
(1) Its duration, which may not be more than four (4) years.
(2) The specific functions and services to be performed orfurnished by the county on behalf of the municipality.
In addition, such an agreement may provide for any other appropriatematters.
(c) An agreement under this section may provide for either of thefollowing:
(1) A stipulation that distributions from the motor vehiclehighway account under IC 8-14-1, the local road and streetaccount under IC 8-14-2, or both, be made to the county ratherthan to the municipality.
(2) A stipulation that the municipality will appropriate aspecified part of those distributions for purposes listed in theagreement.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-7-10
Agreements between municipality and county; prerequisites totaking effect Sec. 10. Before it takes effect, an agreement under section 9 ofthis chapter must be:
(1) approved by the fiscal body of each party;
(2) recorded with the county recorder;
(3) filed with the executive of the municipality and the auditorof the county; and
(4) filed with the auditor of state.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-7-11
Power to appropriate money and provide personnel, services, andfacilities
Sec. 11. An entity entering into an agreement under this chaptermay:
(1) appropriate monies; and
(2) provide personnel, services, and facilities;
to carry out the agreement.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-7-11.5
"Economic development project"; agreements related to economicdevelopment projects
Sec. 11.5. (a) As used in this section, "economic developmentproject" has the meaning set forth in IC 6-3.5-7-13.1(c). The termalso includes any project related to transportation services,transportation infrastructure, or the development or construction ofa hotel or other tourism destination.
(b) An entity entering into an agreement under this chapter that isrelated to an economic development project may do any of thefollowing to carry out the agreement:
(1) After appropriation by the entity's fiscal body, transfermoney derived from any source to any of the following:
(A) One (1) or more entities that have entered into theagreement.
(B) An economic development entity (as defined in section15 of this chapter) established by an entity that has enteredinto the agreement.
(C) A regional development authority, including thenorthwest Indiana regional development authorityestablished by IC 36-7.5-2-1.
(D) A regional transportation authority including theregional bus authority established under IC 36-9-3-2(c).
(2) Transfer any property or provide personnel, services, orfacilities to any entity or authority described in subdivision(1)(A) through (1)(D).
As added by P.L.169-2006, SEC.45.
IC 36-1-7-12
Purchase, sale, or exchange of services, supplies, or equipment
Sec. 12. (a) Whenever a contract provides for the purchase, sale,
or exchange of services, supplies, or equipment between or amongIndiana governmental entities only, no notice by publication orposting is required.
(b) Whenever a contract provides for one (1) Indianagovernmental entity to make a purchase for another, compliance bythe one with the applicable statutes governing public bids constitutescompliance by the other.
(c) A governmental entity may make a purchase from any othergovernmental entity or under another governmental entity'sreferenced written contract if there is compliance with statepurchasing law by the original purchasing unit.
(d) Two (2) or more governmental entities may procure togetheror with a nonprofit entity if the requirements of the public purchasingstatutes are met.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.195-2007,SEC.6.
IC 36-1-7-13
Agreements between school corporations; rights and privileges ofteachers
Sec. 13. Whenever an agreement authorized by this chapter isbetween school corporations, teachers employed under the agreementhave the same rights and privileges as teachers employed underIC 20-26-10-5, IC 20-26-10-6, and IC 20-26-10-7.
As added by P.L.110-1984, SEC.3. Amended by P.L.1-2005,SEC.230.
IC 36-1-7-15
Agreements between economic development entities
Sec. 15. (a) As used in this section, "economic developmententity" means any of the following:
(1) A department of redevelopment organized under IC 36-7-14.
(2) A department of metropolitan development underIC 36-7-15.1.
(3) A port authority organized under IC 8-10-5.
(4) An airport authority organized under IC 8-22-3.
(5) The Indiana finance authority.
(b) Notwithstanding section 2 of this chapter, two (2) or moreeconomic development entities may enter into a written agreementunder section 3 of this chapter if the agreement is approved by eachentity's governing body.
(c) A party to an agreement under this section may do one (1) ormore of the following:
(1) Except as provided in subsection (d), grant one (1) or moreof its powers to another party to the agreement.
(2) Exercise any power granted to it by a party to the agreement.
(3) Pledge any of its revenues, including taxes or allocated taxesunder IC 36-7-14, IC 36-7-15.1, or IC 8-22-3.5, to the bonds orlease rental obligations of another party to the agreement underIC 5-1-14-4. (d) An economic development entity may not grant to anotherentity the power to tax or to establish an allocation area underIC 8-22-3.5, IC 36-7-14-39, or IC 36-7-15.1.
(e) An agreement under this section does not have to comply withsection 3(a)(5) or 4 of this chapter.
(f) An action to challenge the validity of an agreement under thissection must be brought within thirty (30) days after the agreementhas been approved by all the parties to the agreement. After thatperiod has passed, the agreement is not contestable for any cause.
As added by P.L.108-1993, SEC.12. Amended by P.L.115-1995,SEC.14; P.L.85-1996, SEC.10; P.L.170-2002, SEC.137;P.L.203-2005, SEC.7; P.L.221-2007, SEC.26.