Sec. 6.5. (a) Notwithstanding section 6 of this chapter, the municipal county seat may withdraw from the building authority under this section.

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Terms Used In Indiana Code 36-9-13-6.5

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Trustee: A person or institution holding and administering property in trust.
     (b) To withdraw from the building authority, the fiscal body of the municipality must do the following:

(1) Adopt a resolution that states all of the following:

(A) That the municipality withdraws from the building authority under this section.

(B) The effective date of the withdrawal.

(2) Send a copy of the resolution to each of the following not later than thirty (30) days before the effective date of the withdrawal:

(A) The county executive.

(B) The county fiscal body.

     (c) The municipal clerk shall file the following in the county recorder’s office for recording in the miscellaneous records:

(1) A copy of the resolution.

(2) The municipal clerk’s affidavit showing the date of adoption of the resolution by the municipal fiscal body.

     (d) If a resolution is adopted under this section, the following apply:

(1) The term of office of:

(A) the trustee serving under section 6(a)(1) of this chapter; and

(B) the trustee serving under section 6(a)(4) of this chapter;

expires on the effective date of the withdrawal stated in the resolution, notwithstanding section 6 of this chapter.

(2) The county fiscal body:

(A) shall appoint a trustee to replace the trustee serving under section 6(a)(1) of this chapter; and

(B) becomes the appointing authority of the trustee provided for under section 6(a)(1) of this chapter.

(3) The county executive:

(A) shall appoint a trustee to replace the trustee serving under section 6(a)(4) of this chapter; and

(B) becomes the appointing authority of the trustee provided for under section 6(a)(4) of this chapter.

(4) The rules and bylaws governing the procedure of the trustees before the withdrawal of the municipality remain in effect until amended by the trustees after withdrawal of the municipality.

     (e) Withdrawal of a municipality under this section does not affect any:

(1) liabilities incurred by; or

(2) benefits that accrue to;

the municipality due to its representation on the board before the effective date of the withdrawal.

     (f) If the building authority has any bonds or other obligations outstanding, a municipality may not withdraw from the building authority if the withdrawal will impair the ability of the building authority to pay the bonds or other obligations.

As added by P.L.11-2018, SEC.1.

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