Indiana § 10-18-2-19 - Declaratory resolution

§ 10-18-2-19. Declaratory resolution

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 19. (a) If a county executive desires to carry out this chapter, the county executive must adopt a declaratory resolution in substance as follows:

"Be it resolved, by the county executive of _______ County, that said county should proceed alone, or jointly with the city of _______ located in such county, to carry out the purposes of IC 10-18-2.".

(b) The resolution shall be recorded in the proceedings of the county executive. Notice of the adoption of the declaratory resolution shall be given by the county executive by the publication of the resolution two (2) times in full published at least a week apart in accordance with IC 5-3-1-2(m) or IC 5-3-1-4.

(c) The county executive may:

(1) appropriate money;

(2) make loans;

(3) issue bonds;

(4) levy taxes; and

(5) do everything that may be necessary to carry out this chapter.

If any bonds are issued under this chapter by a county and the bonds have to be refunded, it is not necessary for the county executive to adopt a declaratory resolution.

(d) The rights and powers of this chapter vested in any county executive may not be exhausted by being exercised one (1) or more times, but are continuing rights and powers.

(e) If there is a second or other subsequent exercise of power under this chapter by any county, it is not necessary for the county executive to adopt a declaratory resolution. Any county acting a second or subsequent time may proceed to carry out this chapter without any appropriation by the county fiscal body and without being required to comply with any other law relating to appropriations and budgets except for section 2 of this chapter.

[Pre-2003 Recodification Citation: 10-7-1-22.]

As added by P.L.2-2003, SEC.9. Amended by P.L.152-2021, SEC.9; P.L.146-2024, SEC.6.

IC 10-18-2-19Declaratory resolution Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 19. (a) If a county executive desires to carry out this chapter, the county executive must adopt a declaratory resolution in substance as follows:

"Be it resolved, by the county executive of _______ County, that said county should proceed alone, or jointly with the city of _______ located in such county, to carry out the purposes of IC 10-18-2.".

(b) The resolution shall be recorded in the proceedings of the county executive. Notice of the adoption of the declaratory resolution shall be given by the county executive by the publication of the resolution two (2) times in full published at least a week apart in accordance with IC 5-3-1-2(m) or IC 5-3-1-1.5.

(c) The county executive may:

(1) appropriate money;

(2) make loans;

(3) issue bonds;

(4) levy taxes; and

(5) do everything that may be necessary to carry out this chapter.

If any bonds are issued under this chapter by a county and the bonds have to be refunded, it is not necessary for the county executive to adopt a declaratory resolution.

(d) The rights and powers of this chapter vested in any county executive may not be exhausted by being exercised one (1) or more times, but are continuing rights and powers.

(e) If there is a second or other subsequent exercise of power under this chapter by any county, it is not necessary for the county executive to adopt a declaratory resolution. Any county acting a second or subsequent time may proceed to carry out this chapter without any appropriation by the county fiscal body and without being required to comply with any other law relating to appropriations and budgets except for section 2 of this chapter.

[Pre-2003 Recodification Citation: 10-7-1-22.]

As added by P.L.2-2003, SEC.9. Amended by P.L.152-2021, SEC.9; P.L.146-2024, SEC.6; P.L.157-2026, SEC.208.