IC 36-1.5-5
Chapter 5. Cooperative Agreements and Transfers of
Responsibilities
IC 36-1.5-5-1 Cooperative agreements; method to enter cooperative agreements
Sec. 1. Notwithstanding any other law, two (2) or more political
subdivisions may enter into a cooperative agreement under this
chapter by using the same procedures set forth in this article for the
initiation and approval of a reorganization under this article. A
cooperative agreement under this chapter may be initiated and
approved only in the manner set forth in this article for the initiation
and 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 must
provide at least for the following:
(1) Its duration.
(2) Its purpose.
(3) The manner of financing, staffing, and supplying any joint
undertaking and of establishing and maintaining a budget for
any joint undertaking that is the subject of the cooperative
agreement.
(4) The methods that may be employed in accomplishing the
partial or complete termination of the cooperative agreement
and for disposing of property upon partial or complete
termination of the cooperative agreement.
(5) The manner in which the cooperative agreement is to be
administered.
(6) The manner of acquiring, holding, and disposing of real and
personal property that is the subject of the cooperative
agreement.
(b) A cooperative agreement may include any condition or term
that 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 functions
of an employee or a department of a political subdivision, including
an elected office, to another employee or department of any political
subdivision that has entered into the cooperative agreement.
(b) The functions of an elected office may be transferred only to
another elected office.
(c) The cooperative agreement may provide for the abolishment
of an elected office that is not required by the Constitution of the
State 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 cooperative
agreement with an entity to share the services of an employee
employed 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 political
subdivision:
(1) may appropriate and pledge any legally available revenues
to the payment of the bonds, leases, or other obligations of
another political subdivision that is a party to the cooperative
agreement; and
(2) will appropriate legally available revenues for any other
payment 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 political
subdivision. 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 or
another instrumentality established to administer the cooperative
agreement to take any action that at least one (1) of the parties to the
cooperative agreement could not carry out on its own.
(b) A cooperative agreement may permit the transfer of money
from one (1) fund of a political subdivision for a use authorized by
the cooperative agreement. As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-7 Effective date of cooperative agreement transferring functions of
elected office
Sec. 7. (a) A cooperative agreement transferring the functions of
an elected office becomes effective only at the end of the term of the
incumbent that holds the office.
(b) Any law, rule, or agreement that requires or permits an action
by an employee or elected officer after the functions of the employee
or elected officer are transferred shall be treated as referring to the
employee or elected officer to which the functions have been
transferred 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 adjust
as necessary tax rates, tax levies, and budgets of political
subdivisions that enter into a cooperative agreement under this
chapter in the same manner as tax rates, tax levies, and budgets are
adjusted under IC 36-1.5-3 for reorganizing political subdivisions. As added by P.L.186-2006, SEC.4.
IC 36-1.5-5
Chapter 5. Cooperative Agreements and Transfers of
Responsibilities
IC 36-1.5-5-1 Cooperative agreements; method to enter cooperative agreements
Sec. 1. Notwithstanding any other law, two (2) or more political
subdivisions may enter into a cooperative agreement under this
chapter by using the same procedures set forth in this article for the
initiation and approval of a reorganization under this article. A
cooperative agreement under this chapter may be initiated and
approved only in the manner set forth in this article for the initiation
and 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 must
provide at least for the following:
(1) Its duration.
(2) Its purpose.
(3) The manner of financing, staffing, and supplying any joint
undertaking and of establishing and maintaining a budget for
any joint undertaking that is the subject of the cooperative
agreement.
(4) The methods that may be employed in accomplishing the
partial or complete termination of the cooperative agreement
and for disposing of property upon partial or complete
termination of the cooperative agreement.
(5) The manner in which the cooperative agreement is to be
administered.
(6) The manner of acquiring, holding, and disposing of real and
personal property that is the subject of the cooperative
agreement.
(b) A cooperative agreement may include any condition or term
that 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 functions
of an employee or a department of a political subdivision, including
an elected office, to another employee or department of any political
subdivision that has entered into the cooperative agreement.
(b) The functions of an elected office may be transferred only to
another elected office.
(c) The cooperative agreement may provide for the abolishment
of an elected office that is not required by the Constitution of the
State 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 cooperative
agreement with an entity to share the services of an employee
employed 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 political
subdivision:
(1) may appropriate and pledge any legally available revenues
to the payment of the bonds, leases, or other obligations of
another political subdivision that is a party to the cooperative
agreement; and
(2) will appropriate legally available revenues for any other
payment 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 political
subdivision. 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 or
another instrumentality established to administer the cooperative
agreement to take any action that at least one (1) of the parties to the
cooperative agreement could not carry out on its own.
(b) A cooperative agreement may permit the transfer of money
from one (1) fund of a political subdivision for a use authorized by
the cooperative agreement. As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-7 Effective date of cooperative agreement transferring functions of
elected office
Sec. 7. (a) A cooperative agreement transferring the functions of
an elected office becomes effective only at the end of the term of the
incumbent that holds the office.
(b) Any law, rule, or agreement that requires or permits an action
by an employee or elected officer after the functions of the employee
or elected officer are transferred shall be treated as referring to the
employee or elected officer to which the functions have been
transferred 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 adjust
as necessary tax rates, tax levies, and budgets of political
subdivisions that enter into a cooperative agreement under this
chapter in the same manner as tax rates, tax levies, and budgets are
adjusted under IC 36-1.5-3 for reorganizing political subdivisions. As added by P.L.186-2006, SEC.4.
IC 36-1.5-5
Chapter 5. Cooperative Agreements and Transfers of
Responsibilities
IC 36-1.5-5-1 Cooperative agreements; method to enter cooperative agreements
Sec. 1. Notwithstanding any other law, two (2) or more political
subdivisions may enter into a cooperative agreement under this
chapter by using the same procedures set forth in this article for the
initiation and approval of a reorganization under this article. A
cooperative agreement under this chapter may be initiated and
approved only in the manner set forth in this article for the initiation
and 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 must
provide at least for the following:
(1) Its duration.
(2) Its purpose.
(3) The manner of financing, staffing, and supplying any joint
undertaking and of establishing and maintaining a budget for
any joint undertaking that is the subject of the cooperative
agreement.
(4) The methods that may be employed in accomplishing the
partial or complete termination of the cooperative agreement
and for disposing of property upon partial or complete
termination of the cooperative agreement.
(5) The manner in which the cooperative agreement is to be
administered.
(6) The manner of acquiring, holding, and disposing of real and
personal property that is the subject of the cooperative
agreement.
(b) A cooperative agreement may include any condition or term
that 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 functions
of an employee or a department of a political subdivision, including
an elected office, to another employee or department of any political
subdivision that has entered into the cooperative agreement.
(b) The functions of an elected office may be transferred only to
another elected office.
(c) The cooperative agreement may provide for the abolishment
of an elected office that is not required by the Constitution of the
State 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 cooperative
agreement with an entity to share the services of an employee
employed 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 political
subdivision:
(1) may appropriate and pledge any legally available revenues
to the payment of the bonds, leases, or other obligations of
another political subdivision that is a party to the cooperative
agreement; and
(2) will appropriate legally available revenues for any other
payment 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 political
subdivision. 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 or
another instrumentality established to administer the cooperative
agreement to take any action that at least one (1) of the parties to the
cooperative agreement could not carry out on its own.
(b) A cooperative agreement may permit the transfer of money
from one (1) fund of a political subdivision for a use authorized by
the cooperative agreement. As added by P.L.186-2006, SEC.4.
IC 36-1.5-5-7 Effective date of cooperative agreement transferring functions of
elected office
Sec. 7. (a) A cooperative agreement transferring the functions of
an elected office becomes effective only at the end of the term of the
incumbent that holds the office.
(b) Any law, rule, or agreement that requires or permits an action
by an employee or elected officer after the functions of the employee
or elected officer are transferred shall be treated as referring to the
employee or elected officer to which the functions have been
transferred 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 adjust
as necessary tax rates, tax levies, and budgets of political
subdivisions that enter into a cooperative agreement under this
chapter in the same manner as tax rates, tax levies, and budgets are
adjusted under IC 36-1.5-3 for reorganizing political subdivisions. As added by P.L.186-2006, SEC.4.
