This text of Indiana § 6-1.1-20-3.7 (Political subdivision resolution to apply local public question process
if no petition requested the application or in certain disaster, accident,
or emergency circumstances) 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.
7.
(a)This section applies to the following:
(1)The issuance of bonds or the entering into a lease for a
controlled project:
(A)to which section 3.5 of this chapter applies; and
(B)for which a sufficient petition requesting the application of
the local public question process under section 3.6 of this
chapter has not been filed as set forth in section 3.5 of this
chapter within the time required under section 3.5(b)(7) of this
chapter.
(2)The issuance of bonds or the entering into a lease for a capital
project:
(A)that is not a controlled project to which section 3.5 of this
chapter applies; and
(B)that would, but for the application of section 1.1(a)(6) of
this chapter to the project, be a controlled project to which
section 3.5 of this chapter applies.
(b)If the proper officers o
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7. (a) This section applies to the following:
(1) The issuance of bonds or the entering into a lease for a
controlled project:
(A) to which section 3.5 of this chapter applies; and
(B) for which a sufficient petition requesting the application of
the local public question process under section 3.6 of this
chapter has not been filed as set forth in section 3.5 of this
chapter within the time required under section 3.5(b)(7) of this
chapter.
(2) The issuance of bonds or the entering into a lease for a capital
project:
(A) that is not a controlled project to which section 3.5 of this
chapter applies; and
(B) that would, but for the application of section 1.1(a)(6) of
this chapter to the project, be a controlled project to which
section 3.5 of this chapter applies.
(b) If the proper officers of a political subdivision make a
preliminary determination to issue bonds described in subsection (a) or
enter into a lease described in subsection (a), the fiscal body of the
political subdivision may adopt a resolution specifying that the local
public question process specified in section 3.6 of this chapter applies
to the issuance of the bonds or the entering into the lease,
notwithstanding that:
(1) a sufficient petition requesting the application of the local
public question process under section 3.6 of this chapter has not
been filed as set forth in section 3.5 of this chapter (in the case of
bonds or a lease described in subsection (a)(1)); or
(2) because of the application of section 1.1(a)(6) of this chapter,
the bonds or lease is not considered to be issued or entered into
for a controlled project (in the case of bonds or a lease described
in subsection (a)(2)).
(c) The following apply to the adoption of a resolution by the fiscal
body of a political subdivision under subsection (b):
(1) In the case of bonds or a lease described in subsection (a)(1)
and for which no petition requesting the application of the local
public question process under section 3.6 of this chapter has been
filed within the time required under section 3.5(b)(7) of this
chapter, the fiscal body must adopt the resolution not more than
sixty (60) days after publication of the notice of the preliminary
determination to issue the bonds or enter into the lease.
(2) In the case of bonds or a lease described in subsection (a)(1)
for which a petition requesting the application of the local public
question process under section 3.6 of this chapter:
(A) has been filed under section 3.5 of this chapter; and
(B) is determined to have an insufficient number of signatures
to require application of the local public question process under
section 3.6 of this chapter;
the fiscal body must adopt the resolution not more than thirty (30)
days after the county voter registration office makes the final
determination under section 3.5 of this chapter that a sufficient
number of persons have not signed the petition.
(3) In the case of bonds or a lease described in subsection (a)(2),
the fiscal body must adopt the resolution not more than thirty (30)
days after publication of the notice of the preliminary
determination to issue the bonds or enter into the lease.
(4) The fiscal body shall certify the resolution to the county
election board of each county in which the political subdivision
is located, and the county election board shall place the public
question on the ballot as provided in section 3.6 of this chapter.
(d) Except to the extent it is inconsistent with this section, section
3.6 of this chapter applies to a local public question placed on the
ballot under this section.