§ 36-1-7-16 — Transfer, combination, or sharing of powers, duties, functions, or resources; budgets, rates, and levies

Indiana § 36-1-7-16

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 7: Interlocal Cooperation

Text

(a) This section applies to a political
subdivision if:
(1) the political subdivision enters into an agreement with one (1)
or more other political subdivisions under this chapter to transfer,
combine, or share powers, duties, functions, or resources; and
(2) the political subdivision realizes through the transfer,
combination, or sharing of powers, duties, functions, or resources
a:
(A) savings; or
(B) reduction in the reasonably foreseeable expenses that would
otherwise have been incurred by the political subdivision if the
transfer, combination, or sharing of powers, duties, functions,
or resources had not taken place.
(b) The political subdivision shall specify in the agreement
described in subsection (a) the amount (if any) of the decrease that the
department of local government finance shall make to the maximum
permissible property tax levies, maximum permissible property tax
rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 of the political
subdivision to:
(1) eliminate double taxation by different political subdivisions
for services; or
(2) eliminate any excess by which the amount of property taxes
imposed by the political subdivision exceeds the amount
necessary to pay for services.
(c) The fiscal body of the political subdivision shall determine and
certify to the department of local government finance the amount of the
adjustment (if any) to be made under subsection (b). The amount of the
adjustment (if any) to be made under subsection (b) must comply with
the agreement under this chapter under which the political subdivision
transfers, combines, or shares powers, duties, functions, or resources.

Legislative History

As added by P.L.58-2011, SEC.1. Amended by P.L.255-2013, SEC.2.