This text of Indiana § 8-22-3-6.5 (Cooperation agreements with contiguous counties) 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.
5.
(a)This section applies only to an authority
that was established under IC 19-6-3 (before its repeal on April 1,
1980).
(b)As used in this section, "cooperative agreement" means an
agreement entered into by the authority and an eligible county under
subsection (d).
(c)As used in this section, "eligible county" means a county that is
contiguous to the county in which the authority has jurisdiction.
(d)The authority and an eligible county may enter into a
cooperative agreement concerning the operations, functions, projects,
activities, funding, or capital expenditures of the authority under this
chapter or IC 8-22-3.5.
(e)A cooperative agreement must provide for the following:
(1)The appointment to the board of the authority of one (1) or
more additional members, including advisory
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5. (a) This section applies only to an authority
that was established under IC 19-6-3 (before its repeal on April 1,
1980).
(b) As used in this section, "cooperative agreement" means an
agreement entered into by the authority and an eligible county under
subsection (d).
(c) As used in this section, "eligible county" means a county that is
contiguous to the county in which the authority has jurisdiction.
(d) The authority and an eligible county may enter into a
cooperative agreement concerning the operations, functions, projects,
activities, funding, or capital expenditures of the authority under this
chapter or IC 8-22-3.5.
(e) A cooperative agreement must provide for the following:
(1) The appointment to the board of the authority of one (1) or
more additional members, including advisory members,
representing the eligible county.
(2) The duration of the cooperative agreement.
(3) The purpose of the cooperative agreement.
(4) The manner of financing, staffing, and supplying a joint
undertaking under the cooperative agreement.
(5) Establishing and maintaining a budget for a joint undertaking
under the cooperative agreement.
(6) The partial or complete termination of the cooperative
agreement.
(7) Any other matters the authority and the eligible county
determine are necessary or desirable.
(f) A cooperative agreement may provide for the following:
(1) A trial period, not to exceed three (3) years, during which the
eligible county:
(A) may cooperate in an advisory capacity; and
(B) may not be required to participate in financing activities
under the cooperative agreement.
(2) The establishment of a separately appointed board to
administer the cooperative agreement following the conclusion of
the trial period described in subdivision (1).
(g) A proposed cooperative agreement must be approved by the:
(1) executive; and
(2) fiscal body;
of the eligible county before the eligible county may enter into the
cooperative agreement.
(h) A cooperative agreement entered into under this section is not
subject to IC 36-1-7.
(i) The general assembly finds the following:
(1) The authority and all eligible counties face unique and distinct
challenges and opportunities related to transportation and
economic development that are different in scope and type from
those faced by other units of local government in Indiana due to:
(A) the status of the authority and the eligible counties in
relationship to the southwest extension of Interstate Highway
69;
(B) the distance of the authority and the eligible counties from
other major centers of commerce, industry, and economic
activity in the state; and
(C) the relative inaccessibility of southwest Indiana to markets.
(2) A unique approach is required to fully take advantage of the
economic development potential of the authority and an eligible
county.