§ 36-3-6-9 — Operating and maintenance budgets and tax levies of certain entities; review and modification; adoption; submittal

(a) Except as provided in subsection (d), the
city-county legislative body shall review the proposed operating and
maintenance budgets and tax levies and adopt final operating and
maintenance budgets and tax levies for each of the following entities
in the county:
(1) An airport authority operating under IC 8-22-3.
(2) A public library operating under IC 36-12.
(3) A capital improvement board of managers operating under IC 36-10.
(4) A public transportation corporation operating under IC 36-9-4.
(5) A health and hospital corporation established under IC 16-22-8.
(6) Any other taxing unit (as defined in IC 6-1.1-1-21) that is
located in the county and has a governing body that is not
comprised of a majority of officials who are elected to serve on
the governing body.
Except as provided in subsection (c), the city-county legislative body
may reduce or modify but not increase a proposed operating and
maintenance budget or tax levy under this section.
(b) The board of each entity listed in subsection (a) shall, after
adoption of its proposed budget and tax levies, submit them, along with
detailed accounts, to the city clerk before September 2.
(c) The city-county legislative body or, when subsection (d) applies,
the fiscal body of an excluded city or town shall review the issuance of
bonds of an entity listed in subsection (a). Approval of the city-county
legislative body or, when subsection (d) applies, the fiscal body of an
excluded city or town is required for the issuance of bonds. The
city-county legislative body or the fiscal body of an excluded city or
town may not reduce or modify a budget or tax levy of an entity listed
in subsection (a) in a manner that would:
(1) limit or restrict the rights vested in the entity to fulfill the
terms of any agreement made with the holders of the entity's
bonds; or
(2) in any way impair the rights or remedies of the holders of the
entity's bonds.
(d) If the assessed valuation of a taxing unit is entirely contained
within an excluded city or town (as described in IC 36-3-1-7) that is
located in a county having a consolidated city, the governing body of
the taxing unit shall submit its proposed operating and maintenance
budget and tax levies to the city or town fiscal body for approval and
not the city-county legislative body. Except as provided in subsection
(c), the fiscal body of the excluded city or town may reduce or modify
but not increase a proposed operating and maintenance budget or tax
levy under this section.
[Pre-Local Government Recodification Citations: 18-4-4-4.5
part; 18-4-17-7 part.]
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts
1981, P.L.52, SEC.7; P.L.347-1983, SEC.1; P.L.2-1993, SEC.201;
P.L.1-2005, SEC.237; P.L.227-2005, SEC.35; P.L.1-2006, SEC.561;
P.L.146-2008, SEC.705; P.L.182-2009(ss), SEC.401; P.L.137-2012,
SEC.118.