CHAPTER 15. PUBLIC SAFETY COMMUNICATIONS SYSTEMS AND COMPUTER FACILITIES DISTRICTS
IC 36-8-15
Chapter 15. Public Safety Communications Systems andComputer Facilities Districts
IC 36-8-15-1
Application of chapter
Sec. 1. This chapter applies to a county that has:
(1) a consolidated city;
(2) a population of more than one hundred eighty-two thousandseven hundred ninety (182,790) but less than two hundredthousand (200,000); or
(3) adopted an ordinance providing for the county to begoverned by this chapter.
However, sections 9.5, 15, 16, 17, and 18 of this chapter apply onlyto a county having a consolidated city.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.1;P.L.173-1990, SEC.1; P.L.12-1992, SEC.174; P.L.170-2002,SEC.164; P.L.148-2007, SEC.8; P.L.195-2007, SEC.9.
IC 36-8-15-2
"Board" defined
Sec. 2. As used in this chapter, "board" means the following:
(1) In a county having a consolidated city, a board establishedby and operated as set forth in an ordinance of the city-countylegislative body.
(2) In a county not having a consolidated city, the board ofcommissioners.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.2;P.L.2-1989, SEC.49.
IC 36-8-15-3
"Communications system" defined
Sec. 3. As used in this chapter, "communications system" meansany system:
(1) designed for the transmission of writing, signs, signals,pictures, data, and sounds of all kinds by any means, device, orapparatus; and
(2) intended for use only by public safety agencies for publicpurposes.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-4
"Computer" defined
Sec. 4. As used in this chapter, "computer" means computerhardware and computer software.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-5
"District" defined
Sec. 5. As used in this chapter, "district" refers to the public
communications systems and computer facilities district created bysection 7 of this chapter.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-6
"Facility" defined
Sec. 6. As used in this chapter, "facility" means computers andcommunication systems or any necessary appurtenances andimprovements thereto, including real and personal property requiredto house such facilities and all equipment, apparatus, devices, andinstrumentalities required for the proper operation of the facility orfacilities.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-7
Creation of district
Sec. 7. (a) This subsection applies to a county having aconsolidated city. The ____________ (name of consolidated city)__________________ public safety communications systems andcomputer facilities district is created in the county as a special taxingdistrict of the consolidated city. The territory of the district includesthe entire county.
(b) This subsection applies to a county not having a consolidatedcity. The _________________ (name of county) _______________public safety communications systems district may be created in thecounty as a special taxing district by an ordinance adopted beforeJuly 1 of a year by the county legislative body. The territory of thedistrict includes the unincorporated area of the county, plus anymunicipality in the county in which the legislative body before July1 of a year adopts an ordinance to join the district and to have itspublic safety agencies served by the district.
(c) This subsection applies to a county not having a consolidatedcity. The legislative body of any township in the county may, byadopting a resolution before July 1 of a year, authorize a townshipagency to be served by the district.
(d) An ordinance or resolution adopted under subsection (b) or (c)may be rescinded before July 1 of a year.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.3.
IC 36-8-15-8
Purposes
Sec. 8. The purposes of the district are the following:
(1) To provide and maintain modern, dependable, and efficientpublic safety communications systems within the district for thepurpose of promoting the expeditious delivery of publicservices to the residents and taxpayers throughout the district inorder to assure the public health, safety, morals, and generalwelfare.
(2) In a county having a consolidated city, to provide computersfor the efficient functioning of governmental offices for the
benefit of the residents and taxpayers throughout the district.
These purposes are public purposes for which public money may bespent and private property may be provided. The general assemblyfinds and declares that the facilities needed to accomplish thesepurposes are local public improvements.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.4.
IC 36-8-15-9
Governing body; powers; establishment of a public safetycommunications commission
Sec. 9. (a) The board is the governing body of the district.
(b) The board may do the following:
(1) Finance, purchase, acquire, lease, erect, install, construct,equip, upgrade, operate, and maintain facilities.
(2) Sue, be sued, plead, and be impleaded.
(3) Condemn, appropriate, lease, rent, purchase, and hold anyreal or personal property needed or considered useful inconnection with facilities.
(4) Acquire real or personal property by gift, devise, or bequest,and hold, use, or dispose of that property for purposesauthorized by this chapter.
(5) Design, order, contract for, construct, and equip anyfacilities.
(6) Employ architects, engineers, attorneys, auditors, clerks,construction managers, and other employees necessary for thefinancing, erection, and equipping of facilities.
(7) Make and enter into all contracts and agreements necessaryor incidental to accomplishing the purposes of the district.
(c) In a county not having a consolidated city, the board shallestablish a public safety communications commission representingthe public safety agencies that are served by the district. Themembers of this commission are:
(1) one (1) person appointed by the county executive;
(2) one (1) person appointed by the county fiscal body;
(3) one (1) person appointed by the executive of each city in thedistrict; and
(4) the county sheriff.
Members serve for four (4) year terms. The county legislative bodyshall provide by ordinance for the length of each initial term so thatthe result is staggered terms for commission members.
(d) In a county not having a consolidated city, the chief lawenforcement and fire safety officers of each participating unit shallconstitute a technical advisory committee to advise the board and thepublic safety communications commission upon request.
(e) In a county not having a consolidated city, the commissionestablished under this section shall operate any public safetycommunications system established under this chapter. In a countyhaving a consolidated city, the board shall operate any public safetycommunications system established under this chapter.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.5;
P.L.2-1989, SEC.50.
IC 36-8-15-9.5
Combined or shared communications systems
Sec. 9.5. (a) This section applies to a county having aconsolidated city.
(b) The communications system may be combined or shared withthe public service radio system.
(c) The board may do the following for the combined or sharedsystem:
(1) Authorize expenditures from the district's operational funds.
(2) Exercise all of the powers listed in section 9 of this chapter.
(d) The board may not do the following for the combined orshared system:
(1) Authorize expenditures for facilities or services related onlyto public service radio.
(2) Have authority over planning or other decisions for publicservice radio.
As added by P.L.173-1990, SEC.2.
IC 36-8-15-10
Resolution stating necessity and purpose; plans and specifications;estimated cost
Sec. 10. Whenever the board determines that:
(1) it is necessary for the general welfare of the persons residingwithin the district; and
(2) it will be of public utility and benefit to the property in thedistrict to undertake and carry out any project of purchasing,acquiring, erecting, installing, constructing, equipping, orupgrading of facilities within the district;
the board shall adopt a resolution stating the necessity of the projectand the board's purpose in proceeding with the project. The board, asa part of the resolution, shall adopt the plans and specificationsproposed for the entire project and shall determine the estimated costof all work and all acquisitions necessary to carry out the project.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-11
Resolution; public inspection; notice
Sec. 11. (a) The resolution and all matters included with theresolution shall be filed and open to inspection by the public at theoffice of the board.
(b) The board shall give notice of:
(1) the adoption and general purport of the resolution;
(2) the fact that the resolution and included material have beenprepared and are on file in the office of the board and may beinspected; and
(3) the fact that on a date named, the board will receive andhear objections from any persons interested in or who will beaffected by the proposed project.The notice shall be published in accordance with IC 5-3-1.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-12
Objections; hearing
Sec. 12. At or before the time fixed for the hearing designated inthe notice published under section 11 of this chapter, any personinterested in or who will be affected by the proposed project may filewith the board a written objection against the proposed project, inwhole or in part. At the hearing the board:
(1) shall hear all persons who are interested in the proceedings;
(2) shall finally determine whether the proposed project, inwhole or in part, is necessary for the general welfare of thepersons residing within the district and will be a public utilityand benefit to the property in the district; and
(3) may confirm, modify, or rescind the resolution.
The decision shall be entered in the records of the board.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-13
Letting of contracts; modification of projects
Sec. 13. After final approval of the resolution by the board, theboard shall proceed with the project, or any part thereof, and shall letall contracts, upon separate plans and specifications, in accordancewith IC 5-22, IC 36-1-10, IC 36-1-12, and IC 36-9-13. The projectsauthorized may be modified by the board if it considers modificationnecessary to carry out the purpose of the resolution, so long as themodifications do not increase the estimate of the total cost of theproject as adopted in the final resolution. All other changes must beprocessed as new resolutions.
As added by P.L.82-1985, SEC.3. Amended by P.L.2-1989, SEC.51;P.L.49-1997, SEC.82.
IC 36-8-15-14
Special benefit tax
Sec. 14. All taxable property located within the district is subjectto a special benefit tax for the purpose of providing money to pay thetotal cost of the project, including all necessary incidental expensesof programming, planning, and designing the project. The tax shallconstitute the amount of benefits resulting to all of that property fromthe project and shall be levied as provided in this chapter.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-15
Bonds; issuance; amount
Sec. 15. (a) For the purpose of raising money to pay for any realor personal property to be acquired for a project within the district orto pay for the purchasing, acquiring, erecting, installing,constructing, equipping, or upgrading of a facility within the district,and in anticipation of the special benefit tax, the board may cause
bonds to be issued in the name of the consolidated city (in countieshaving a consolidated city) for the benefit of the district. In a countyhaving a consolidated city, the bonds shall be issued in accordancewith IC 36-3-5-8.
(b) The bonds may be in an amount not to exceed the estimatedcost of all real and personal property to be acquired and the estimatedcost of the facilities, including all expenses necessarily incurred inconnection with the proceedings, together with a sum sufficient topay the costs of supervision and inspection during the period ofconstruction and all costs of programming, planning, and designingthe facilities. The expenses to be covered in the amount of the bondissue include all expenses of every kind actually incurred preliminaryto the acquisition of property and the installation of the facilities,such as the cost of necessary records, engineering expenses,publication of notices, salaries, the letting of contracts, and the saleof bonds.
(c) The bonds issued may not exceed the estimates for the projectas determined in the resolution adopted by the board under section12 of this chapter.
(d) Any surplus of bond proceeds remaining after all costs andexpenses have been fully paid shall be paid into the publiccommunications systems and computer facilities district bond fund.The board may appropriate the proceeds of the bonds.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.6.
IC 36-8-15-15.1
Lease of facilities; financing; hearings; notice; objections
Sec. 15.1. (a) A board may enter into a lease of any facility thatmay be financed with the proceeds of bonds issued under this chapterwith a lessor for a term not to exceed fifty (50) years. The lease mayprovide for payments to be made by the board from special benefitstaxes levied under section 14 of this chapter and any other revenueavailable to the board, or any combination of these sources.
(b) A lease may provide that payments by the board to the lessorare required only to the extent and only for the period that the lessoris able to provide the leased facilities in accordance with the lease.The terms of each lease must be based upon the value of the facilitiesleased and may not create a debt of the unit or the district forpurposes of the Constitution of the State of Indiana.
(c) A lease may be entered into by the board only after a publichearing by the board at which all interested parties are given theopportunity to be heard. Notice of the hearing must be given bypublication in accordance with IC 5-3-1. After the public hearing, theboard may adopt a resolution authorizing the execution of the leaseon behalf of the unit if the board finds that the service to be providedthroughout the term of the lease will serve the public purpose of theunit and is in the best interests of the unit's residents. A leaseapproved by a resolution of the board must be approved by anordinance of the fiscal body of the unit.
(d) Upon execution of a lease providing for payments by the board
in whole or in part from the levy of special benefits taxes undersection 14 of this chapter and upon approval of the lease by the fiscalbody, the board shall publish notice of the execution of the lease andits approval in accordance with IC 5-3-1. Fifty (50) or moretaxpayers residing in the district who will be affected by the leaseand who may be of the opinion that no necessity exists for theexecution of the lease or that the payments provided for in the leaseare not fair and reasonable may file a petition in the office of thecounty auditor within thirty (30) days after the publication of thenotice of execution and approval. The petition must set forth thepetitioners' names, addresses, and objections to the lease and thefacts showing that the execution of the lease is unnecessary orunwise or that the payments provided for in the lease are not fair andreasonable, as the case may be. Upon the filing of the petition, thecounty auditor shall immediately certify a copy of it, together withany other data necessary in order to present the questions involved,to the department of local government finance. Upon receipt of thecertified petition and information, the department of localgovernment finance shall fix a time and place for the hearing in thedistrict, which must be not less than five (5) or more than thirty (30)days after the time of the hearing is fixed. Notice of the hearing shallbe given by the department of local government finance to themembers of the fiscal body, the board, and the first fifty (50)petitioners on the petition by a letter signed by the commissioner ordeputy commissioner of the department and enclosed with fullyprepaid postage sent to those persons at their usual place ofresidence, at least five (5) days before the date of the hearing. Thedecision of the department of local government finance on theappeal, upon the necessity for the execution of the lease and as towhether the payments under it are fair and reasonable, is final.
(e) A board entering into a lease that is payable from revenues orother available funds of the board may:
(1) pledge the revenue to make payments under the lease asprovided in IC 5-1-14-4; and
(2) establish a special fund to make the payments.
Lease rentals may be limited to money in the special fund so that theobligations of the board to make the lease rental payments are notconsidered a debt of the unit or the district for purposes of theConstitution of the State of Indiana.
(f) Except as provided in this section, no approvals of agovernmental body or an agency are required before the board entersinto a lease under this section.
(g) An action to contest the validity of the lease or to enjoin theperformance of any of its terms and conditions must be broughtwithin thirty (30) days after the publication of the notice of theexecution and approval of the lease. However, if the lease is payablein whole or in part from tax levies and an appeal has been taken tothe department of local government finance, an action to contest thevalidity or to enjoin performance must be brought within thirty (30)days after the decision of the department. (h) If a board exercises an option to buy a leased facility from alessor, the board may subsequently sell the leased facility, withoutregard to any other statutes, to the lessor at the end of the lease termat a price set forth in the lease or at fair market value established atthe time of the sale by the board through an auction, appraisal, orarms length negotiation. The board shall conduct a hearing afterpublic notice in accordance with IC 5-3-1 before the sale. An actionto contest the sale must be brought within fifteen (15) days after thehearing.
As added by P.L.2-1989, SEC.52. Amended by P.L.90-2002,SEC.499.
IC 36-8-15-15.2
Persons authorized to lease facilities
Sec. 15.2. (a) Any of the following persons may lease facilitiesreferred to in section 15.1 of this chapter to a board:
(1) A not-for-profit or for-profit corporation organized underIndiana law or admitted to do business in Indiana.
(2) An authority established under IC 36-9-13.
(b) Notwithstanding any other law, a lessor under this section andsection 15.1 of this chapter is a qualified entity for purposes ofIC 5-1.4-1-10.
As added by P.L.2-1989, SEC.53.
IC 36-8-15-16
Bonds; limitation on total issue; nature of bonds
Sec. 16. (a) The total issue of bonds under section 15 of thischapter, for purposes of the district, including bonds already issuedor to be issued, may not exceed one percent (1%) of the adjustedvalue of the taxable property within the district, as determined underIC 36-1-15. All bonds or obligations issued in violation of thissubsection are void.
(b) Bonds issued under section 15 of this chapter are not, in anyrespect, corporate obligations or indebtedness of the consolidatedcity but constitute an indebtedness of the district. The bonds andinterest on them are payable only out of revenues of the district.Bonds must recite these terms upon their face.
As added by P.L.82-1985, SEC.3. Amended by P.L.6-1997, SEC.214.
IC 36-8-15-17
Proceeds; disposition; public communications systems andcomputer facilities district bond fund
Sec. 17. All proceeds from the sale of bonds issued under section15 of this chapter shall be kept as a separate and specific fund to beknown as the public communications systems and computer facilitiesdistrict bond fund. The bond fund shall be used to pay for the cost ofacquisition of real and personal property, the cost of the installationof the facilities, and all costs and expenses incurred in connectiontherewith, and no part may be used for any other purpose. The bondfund shall be deposited at interest with a depository or depositories
of other public funds of the consolidated city, and all interestcollected on it belongs to the bond fund.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-18
Counties having consolidated cities; special property tax;disposition of revenue; public communications systems andcomputer facilities district revenue fund
Sec. 18. (a) This section applies to a county having a consolidatedcity.
(b) For the purpose of raising money to pay off bonds issuedunder section 15 of this chapter and any interest on them, the countyfiscal body may levy each year a special tax upon all of the propertylocated within the district, in such manner as to meet and pay theprincipal of the bonds as they severally mature, together with allaccruing interest on them. Other revenues and funds may be annuallyallocated by statute or ordinance to be applied to reduction of thebonds and their interest for the next succeeding year, but to theextent that money on hand is insufficient for payments required inthe next succeeding year, the special tax shall be levied.
(c) The tax collected and all other allocated money shall beaccumulated and kept in a separate fund to be known as the publiccommunications systems and computer facilities district revenuefund, and shall be applied to the payment of the district bonds andinterest as they severally mature and fiscal agency charges formaking such payments and to no other purposes. All accumulationsmay be deposited, at interest, with one (1) of the depositories of otherfunds of the consolidated city, and all interest collected belongs tothe fund.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.7.
IC 36-8-15-19
Operational funding; ad valorem property tax; funding bydistribution under IC 6-3.5-6-17 in lieu of tax; election byordinance; adjustment of property tax limits; reduction of tax ofunits joining or withdrawing from district
Sec. 19. (a) This subsection applies to a county that has apopulation of more than one hundred eighty-two thousand sevenhundred ninety (182,790) but less than two hundred thousand(200,000). For the purpose of raising money to fund the operation ofthe district, the county fiscal body may impose, for property taxesfirst due and payable during each year after the adoption of anordinance establishing the district, an ad valorem property tax levyon property within the district. The property tax rate for that levymay not exceed five cents ($0.05) on each one hundred dollars($100) of assessed valuation.
(b) This subsection applies to a county having a consolidated city.The county fiscal body may elect to fund the operation of the districtfrom part of the certified distribution, if any, that the county is toreceive during a particular calendar year under IC 6-3.5-6-17. To
make such an election, the county fiscal body must adopt anordinance before September 1 of the immediately preceding calendaryear. The county fiscal body must specify in the ordinance theamount of the certified distribution that is to be used to fund theoperation of the district. If the county fiscal body adopts such anordinance, it shall immediately send a copy of the ordinance to thecounty auditor.
(c) Subject to subsections (d), (e), and (f), if an ordinance orresolution is adopted changing the territory covered by the district orthe number of public agencies served by the district, the departmentof local government finance shall, for property taxes first due andpayable during the year after the adoption of the ordinance, adjust themaximum permissible ad valorem property tax levy limits of thedistrict and the units participating in the district.
(d) If a unit by ordinance or resolution joins the district or electsto have its public safety agencies served by the district, thedepartment of local government finance shall reduce the maximumpermissible ad valorem property tax levy of the unit for propertytaxes first due and payable during the year after the adoption of theordinance or resolution. The reduction shall be based on the amountbudgeted by the unit for public safety communication services in theyear in which the ordinance was adopted. If such an ordinance orresolution is adopted, the district shall refer its proposed budget, advalorem property tax levy, and property tax rate for the followingyear to the department of local government finance, which shallreview and set the budget, levy, and rate as though the district werecovered by IC 6-1.1-18.5-7.
(e) If a unit by ordinance or resolution withdraws from the districtor rescinds its election to have its public safety agencies served bythe district, the department of local government finance shall reducethe maximum permissible ad valorem property tax levy of the districtfor property taxes first due and payable during the year after theadoption of the ordinance or resolution. The reduction shall be basedon the amounts being levied by the district within that unit. If suchan ordinance or resolution is adopted, the unit shall refer its proposedbudget, ad valorem property tax levy, and property tax rate for publicsafety communication services to the department of local governmentfinance, which shall review and set the budget, levy, and rate asthough the unit were covered by IC 6-1.1-18.5-7.
(f) The adjustments provided for in subsections (c), (d), and (e) donot apply to a district or unit located in a particular county if thecounty fiscal body of that county does not impose an ad valoremproperty tax levy under subsection (a) to fund the operation of thedistrict.
(g) A county that has adopted an ordinance under section 1(3) ofthis chapter may not impose an ad valorem property tax levy onproperty within the district to fund the operation or implementationof the district.
As added by P.L.225-1986, SEC.8. Amended by P.L.32-1986, SEC.9;P.L.6-1997, SEC.215; P.L.148-2007, SEC.9; P.L.195-2007, SEC.10;
P.L.224-2007, SEC.131; P.L.3-2008, SEC.267; P.L.146-2008,SEC.784; P.L.182-2009(ss), SEC.440.