§ 36-1-7-3 — Agreements; contents; powers under agreements

Indiana § 36-1-7-3

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

Text

(a) An agreement under this section must
provide for the following:
(1) Its duration.
(2) Its purpose.
(3) The manner of financing, staffing, and supplying the joint
undertaking and of establishing and maintaining a budget
therefor.
(4) The methods that may be employed in accomplishing the
partial or complete termination of the agreement and for disposing
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 entities
that are parties to the agreement, and on which all parties to the
agreement must be represented.
(6) The manner of acquiring, holding, and disposing of real and
personal property used in the joint undertaking, whenever a joint
board is created under subdivision (5)(B).
In addition, such an agreement may provide for any other appropriate
matters.
(b) A separate legal entity or joint board established by an
agreement under this section has only the powers delegated to it by the
agreement. The agreement may not provide for members, directors, or
trustees of the separate legal entity or joint board to make appointments
(either individually or jointly) to fill vacancies on the separate legal
entity or joint board.
(c) Subsection (a)(6) does not apply to an emergency management
assistance compact under IC 10-14-5.
[Pre-Local Government Recodification Citations:
18-5-1-4(c); 18-5-1-4(d); 18-5-1.5-3(c) part; 18-5-1.5-5.]
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.