Indiana § 8-22-3-6.5 - Cooperation agreements with contiguous counties

§ 8-22-3-6.5. Cooperation agreements with contiguous counties

Sec. 6.5. (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.

As added by P.L.97-2007, SEC.1.