Indiana § 36-9-13-6.5 Withdrawal of municipal county seat from county building authority

Indiana Statutes

§ 36-9-13-6.5 — Withdrawal of municipal county seat from county building authority

Indiana § 36-9-13-6.5

Title 36LOCAL GOVERNMENT

Art. 9TRANSPORTATION AND PUBLIC WORKS

Ch. 13County Building Authority

This text of Indiana § 36-9-13-6.5 (Withdrawal of municipal county seat from county building authority) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-9-13-6.5 (2026).

Text

5.

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

(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 affid

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