CHAPTER 15. PUBLIC SAFETY COMMUNICATIONS SYSTEMS AND COMPUTER FACILITIES DISTRICTS
IC 36-8-15
Chapter 15. Public Safety Communications Systems and
Computer Facilities Districts
IC 36-8-15-1
Application of chapter
Sec. 1. This chapter applies to a county that has:
(1) a consolidated city;
(2) a population of more than one hundred eighty-two thousand
seven hundred ninety (182,790) but less than two hundred
thousand (200,000); or
(3) adopted an ordinance providing for the county to be
governed by this chapter.
However, sections 9.5, 15, 16, 17, and 18 of this chapter apply only
to a county having a consolidated city.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.1;
P.L.173-1990, SEC.1; P.L.12-1992, SEC.174; P.L.170-2002,
SEC.164; P.L.148-2007, SEC.8; P.L.195-2007, SEC.9.
IC 36-8-15-2
"Board" defined
Sec. 2. As used in this chapter, "board" means the following:
(1) In a county having a consolidated city, a board established
by and operated as set forth in an ordinance of the city-county
legislative body.
(2) In a county not having a consolidated city, the board of
commissioners.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.2;
P.L.2-1989, SEC.49.
IC 36-8-15-3
"Communications system" defined
Sec. 3. As used in this chapter, "communications system" means
any system:
(1) designed for the transmission of writing, signs, signals,
pictures, data, and sounds of all kinds by any means, device, or
apparatus; and
(2) intended for use only by public safety agencies for public
purposes.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-4
"Computer" defined
Sec. 4. As used in this chapter, "computer" means computer
hardware and computer software.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-5
"District" defined
Sec. 5. As used in this chapter, "district" refers to the public
communications systems and computer facilities district created by
section 7 of this chapter.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-6
"Facility" defined
Sec. 6. As used in this chapter, "facility" means computers and
communication systems or any necessary appurtenances and
improvements thereto, including real and personal property required
to house such facilities and all equipment, apparatus, devices, and
instrumentalities required for the proper operation of the facility or
facilities.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-7
Creation of district
Sec. 7. (a) This subsection applies to a county having a
consolidated city. The ____________ (name of consolidated city)
__________________ public safety communications systems and
computer facilities district is created in the county as a special taxing
district of the consolidated city. The territory of the district includes
the entire county.
(b) This subsection applies to a county not having a consolidated
city. The _________________ (name of county) _______________
public safety communications systems district may be created in the
county as a special taxing district by an ordinance adopted before
July 1 of a year by the county legislative body. The territory of the
district includes the unincorporated area of the county, plus any
municipality in the county in which the legislative body before July
1 of a year adopts an ordinance to join the district and to have its
public safety agencies served by the district.
(c) This subsection applies to a county not having a consolidated
city. The legislative body of any township in the county may, by
adopting a resolution before July 1 of a year, authorize a township
agency to be served by the district.
(d) An ordinance or resolution adopted under subsection (b) or (c)
may be rescinded before July 1 of a year.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.3.
IC 36-8-15-8
Purposes
Sec. 8. The purposes of the district are the following:
(1) To provide and maintain modern, dependable, and efficient
public safety communications systems within the district for the
purpose of promoting the expeditious delivery of public
services to the residents and taxpayers throughout the district in
order to assure the public health, safety, morals, and general
welfare.
(2) In a county having a consolidated city, to provide computers
for the efficient functioning of governmental offices for the
benefit of the residents and taxpayers throughout the district.
These purposes are public purposes for which public money may be
spent and private property may be provided. The general assembly
finds and declares that the facilities needed to accomplish these
purposes are local public improvements.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.4.
IC 36-8-15-9
Governing body; powers; establishment of a public safety
communications commission
Sec. 9. (a) The board is the governing body of the district.
(b) The board may do the following:
(1) Finance, purchase, acquire, lease, erect, install, construct,
equip, upgrade, operate, and maintain facilities.
(2) Sue, be sued, plead, and be impleaded.
(3) Condemn, appropriate, lease, rent, purchase, and hold any
real or personal property needed or considered useful in
connection with facilities.
(4) Acquire real or personal property by gift, devise, or bequest,
and hold, use, or dispose of that property for purposes
authorized by this chapter.
(5) Design, order, contract for, construct, and equip any
facilities.
(6) Employ architects, engineers, attorneys, auditors, clerks,
construction managers, and other employees necessary for the
financing, erection, and equipping of facilities.
(7) Make and enter into all contracts and agreements necessary
or incidental to accomplishing the purposes of the district.
(c) In a county not having a consolidated city, the board shall
establish a public safety communications commission representing
the public safety agencies that are served by the district. The
members of this commission are:
(1) one (1) person appointed by the county executive;
(2) one (1) person appointed by the county fiscal body;
(3) one (1) person appointed by the executive of each city in the
district; and
(4) the county sheriff.
Members serve for four (4) year terms. The county legislative body
shall provide by ordinance for the length of each initial term so that
the result is staggered terms for commission members.
(d) In a county not having a consolidated city, the chief law
enforcement and fire safety officers of each participating unit shall
constitute a technical advisory committee to advise the board and the
public safety communications commission upon request.
(e) In a county not having a consolidated city, the commission
established under this section shall operate any public safety
communications system established under this chapter. In a county
having a consolidated city, the board shall operate any public safety
communications system established under this chapter.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.5;
P.L.2-1989, SEC.50.
IC 36-8-15-9.5
Combined or shared communications systems
Sec. 9.5. (a) This section applies to a county having a
consolidated city.
(b) The communications system may be combined or shared with
the public service radio system.
(c) The board may do the following for the combined or shared
system:
(1) Authorize expenditures from the district's operational funds.
(2) Exercise all of the powers listed in section 9 of this chapter.
(d) The board may not do the following for the combined or
shared system:
(1) Authorize expenditures for facilities or services related only
to public service radio.
(2) Have authority over planning or other decisions for public
service radio.
As added by P.L.173-1990, SEC.2.
IC 36-8-15-10
Resolution stating necessity and purpose; plans and specifications;
estimated cost
Sec. 10. Whenever the board determines that:
(1) it is necessary for the general welfare of the persons residing
within the district; and
(2) it will be of public utility and benefit to the property in the
district to undertake and carry out any project of purchasing,
acquiring, erecting, installing, constructing, equipping, or
upgrading of facilities within the district;
the board shall adopt a resolution stating the necessity of the project
and the board's purpose in proceeding with the project. The board, as
a part of the resolution, shall adopt the plans and specifications
proposed for the entire project and shall determine the estimated cost
of all work and all acquisitions necessary to carry out the project.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-11
Resolution; public inspection; notice
Sec. 11. (a) The resolution and all matters included with the
resolution shall be filed and open to inspection by the public at the
office of the board.
(b) The board shall give notice of:
(1) the adoption and general purport of the resolution;
(2) the fact that the resolution and included material have been
prepared and are on file in the office of the board and may be
inspected; and
(3) the fact that on a date named, the board will receive and
hear objections from any persons interested in or who will be
affected by the proposed project.
The notice shall be published in accordance with IC 5-3-1.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-12
Objections; hearing
Sec. 12. At or before the time fixed for the hearing designated in
the notice published under section 11 of this chapter, any person
interested in or who will be affected by the proposed project may file
with the board a written objection against the proposed project, in
whole or in part. At the hearing the board:
(1) shall hear all persons who are interested in the proceedings;
(2) shall finally determine whether the proposed project, in
whole or in part, is necessary for the general welfare of the
persons residing within the district and will be a public utility
and benefit to the property in the district; and
(3) may confirm, modify, or rescind the resolution.
The decision shall be entered in the records of the board.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-13
Letting of contracts; modification of projects
Sec. 13. After final approval of the resolution by the board, the
board shall proceed with the project, or any part thereof, and shall let
all contracts, upon separate plans and specifications, in accordance
with IC 5-22, IC 36-1-10, IC 36-1-12, and IC 36-9-13. The projects
authorized may be modified by the board if it considers modification
necessary to carry out the purpose of the resolution, so long as the
modifications do not increase the estimate of the total cost of the
project as adopted in the final resolution. All other changes must be
processed as new resolutions.
As added by P.L.82-1985, SEC.3. Amended by P.L.2-1989, SEC.51;
P.L.49-1997, SEC.82.
IC 36-8-15-14
Special benefit tax
Sec. 14. All taxable property located within the district is subject
to a special benefit tax for the purpose of providing money to pay the
total cost of the project, including all necessary incidental expenses
of programming, planning, and designing the project. The tax shall
constitute the amount of benefits resulting to all of that property from
the project and shall be levied as provided in this chapter.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-15
Bonds; issuance; amount
Sec. 15. (a) For the purpose of raising money to pay for any real
or personal property to be acquired for a project within the district or
to pay for the purchasing, acquiring, erecting, installing,
constructing, equipping, or upgrading of a facility within the district,
and in anticipation of the special benefit tax, the board may cause
bonds to be issued in the name of the consolidated city (in counties
having a consolidated city) for the benefit of the district. In a county
having a consolidated city, the bonds shall be issued in accordance
with IC 36-3-5-8.
(b) The bonds may be in an amount not to exceed the estimated
cost of all real and personal property to be acquired and the estimated
cost of the facilities, including all expenses necessarily incurred in
connection with the proceedings, together with a sum sufficient to
pay the costs of supervision and inspection during the period of
construction and all costs of programming, planning, and designing
the facilities. The expenses to be covered in the amount of the bond
issue include all expenses of every kind actually incurred preliminary
to the acquisition of property and the installation of the facilities,
such as the cost of necessary records, engineering expenses,
publication of notices, salaries, the letting of contracts, and the sale
of bonds.
(c) The bonds issued may not exceed the estimates for the project
as determined in the resolution adopted by the board under section
12 of this chapter.
(d) Any surplus of bond proceeds remaining after all costs and
expenses have been fully paid shall be paid into the public
communications systems and computer facilities district bond fund.
The board may appropriate the proceeds of the bonds.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.6.
IC 36-8-15-15.1
Lease of facilities; financing; hearings; notice; objections
Sec. 15.1. (a) A board may enter into a lease of any facility that
may be financed with the proceeds of bonds issued under this chapter
with a lessor for a term not to exceed fifty (50) years. The lease may
provide for payments to be made by the board from special benefits
taxes levied under section 14 of this chapter and any other revenue
available to the board, or any combination of these sources.
(b) A lease may provide that payments by the board to the lessor
are required only to the extent and only for the period that the lessor
is able to provide the leased facilities in accordance with the lease.
The terms of each lease must be based upon the value of the facilities
leased and may not create a debt of the unit or the district for
purposes of the Constitution of the State of Indiana.
(c) A lease may be entered into by the board only after a public
hearing by the board at which all interested parties are given the
opportunity to be heard. Notice of the hearing must be given by
publication in accordance with IC 5-3-1. After the public hearing, the
board may adopt a resolution authorizing the execution of the lease
on behalf of the unit if the board finds that the service to be provided
throughout the term of the lease will serve the public purpose of the
unit and is in the best interests of the unit's residents. A lease
approved by a resolution of the board must be approved by an
ordinance of the fiscal body of the unit.
(d) Upon execution of a lease providing for payments by the board
in whole or in part from the levy of special benefits taxes under
section 14 of this chapter and upon approval of the lease by the fiscal
body, the board shall publish notice of the execution of the lease and
its approval in accordance with IC 5-3-1. Fifty (50) or more
taxpayers residing in the district who will be affected by the lease
and who may be of the opinion that no necessity exists for the
execution of the lease or that the payments provided for in the lease
are not fair and reasonable may file a petition in the office of the
county auditor within thirty (30) days after the publication of the
notice of execution and approval. The petition must set forth the
petitioners' names, addresses, and objections to the lease and the
facts showing that the execution of the lease is unnecessary or
unwise or that the payments provided for in the lease are not fair and
reasonable, as the case may be. Upon the filing of the petition, the
county auditor shall immediately certify a copy of it, together with
any other data necessary in order to present the questions involved,
to the department of local government finance. Upon receipt of the
certified petition and information, the department of local
government finance shall fix a time and place for the hearing in the
district, which must be not less than five (5) or more than thirty (30)
days after the time of the hearing is fixed. Notice of the hearing shall
be given by the department of local government finance to the
members of the fiscal body, the board, and the first fifty (50)
petitioners on the petition by a letter signed by the commissioner or
deputy commissioner of the department and enclosed with fully
prepaid postage sent to those persons at their usual place of
residence, at least five (5) days before the date of the hearing. The
decision of the department of local government finance on the
appeal, upon the necessity for the execution of the lease and as to
whether the payments under it are fair and reasonable, is final.
(e) A board entering into a lease that is payable from revenues or
other available funds of the board may:
(1) pledge the revenue to make payments under the lease as
provided in IC 5-1-14-4; and
(2) establish a special fund to make the payments.
Lease rentals may be limited to money in the special fund so that the
obligations of the board to make the lease rental payments are not
considered a debt of the unit or the district for purposes of the
Constitution of the State of Indiana.
(f) Except as provided in this section, no approvals of a
governmental body or an agency are required before the board enters
into a lease under this section.
(g) An action to contest the validity of the lease or to enjoin the
performance of any of its terms and conditions must be brought
within thirty (30) days after the publication of the notice of the
execution and approval of the lease. However, if the lease is payable
in whole or in part from tax levies and an appeal has been taken to
the department of local government finance, an action to contest the
validity or to enjoin performance must be brought within thirty (30)
days after the decision of the department.
(h) If a board exercises an option to buy a leased facility from a
lessor, the board may subsequently sell the leased facility, without
regard to any other statutes, to the lessor at the end of the lease term
at a price set forth in the lease or at fair market value established at
the time of the sale by the board through an auction, appraisal, or
arms length negotiation. The board shall conduct a hearing after
public notice in accordance with IC 5-3-1 before the sale. An action
to contest the sale must be brought within fifteen (15) days after the
hearing.
As added by P.L.2-1989, SEC.52. Amended by P.L.90-2002,
SEC.499.
IC 36-8-15-15.2
Persons authorized to lease facilities
Sec. 15.2. (a) Any of the following persons may lease facilities
referred to in section 15.1 of this chapter to a board:
(1) A not-for-profit or for-profit corporation organized under
Indiana law or admitted to do business in Indiana.
(2) An authority established under IC 36-9-13.
(b) Notwithstanding any other law, a lessor under this section and
section 15.1 of this chapter is a qualified entity for purposes of
IC 5-1.4-1-10.
As added by P.L.2-1989, SEC.53.
IC 36-8-15-16
Bonds; limitation on total issue; nature of bonds
Sec. 16. (a) The total issue of bonds under section 15 of this
chapter, for purposes of the district, including bonds already issued
or to be issued, may not exceed one percent (1%) of the adjusted
value of the taxable property within the district, as determined under
IC 36-1-15. All bonds or obligations issued in violation of this
subsection are void.
(b) Bonds issued under section 15 of this chapter are not, in any
respect, corporate obligations or indebtedness of the consolidated
city but constitute an indebtedness of the district. The bonds and
interest on them are payable only out of revenues of the district.
Bonds must recite these terms upon their face.
As added by P.L.82-1985, SEC.3. Amended by P.L.6-1997, SEC.214.
IC 36-8-15-17
Proceeds; disposition; public communications systems and
computer facilities district bond fund
Sec. 17. All proceeds from the sale of bonds issued under section
15 of this chapter shall be kept as a separate and specific fund to be
known as the public communications systems and computer facilities
district bond fund. The bond fund shall be used to pay for the cost of
acquisition of real and personal property, the cost of the installation
of the facilities, and all costs and expenses incurred in connection
therewith, and no part may be used for any other purpose. The bond
fund shall be deposited at interest with a depository or depositories
of other public funds of the consolidated city, and all interest
collected on it belongs to the bond fund.
As added by P.L.82-1985, SEC.3.
IC 36-8-15-18
Counties having consolidated cities; special property tax;
disposition of revenue; public communications systems and
computer facilities district revenue fund
Sec. 18. (a) This section applies to a county having a consolidated
city.
(b) For the purpose of raising money to pay off bonds issued
under section 15 of this chapter and any interest on them, the county
fiscal body may levy each year a special tax upon all of the property
located within the district, in such manner as to meet and pay the
principal of the bonds as they severally mature, together with all
accruing interest on them. Other revenues and funds may be annually
allocated by statute or ordinance to be applied to reduction of the
bonds and their interest for the next succeeding year, but to the
extent that money on hand is insufficient for payments required in
the next succeeding year, the special tax shall be levied.
(c) The tax collected and all other allocated money shall be
accumulated and kept in a separate fund to be known as the public
communications systems and computer facilities district revenue
fund, and shall be applied to the payment of the district bonds and
interest as they severally mature and fiscal agency charges for
making such payments and to no other purposes. All accumulations
may be deposited, at interest, with one (1) of the depositories of other
funds of the consolidated city, and all interest collected belongs to
the fund.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.7.
IC 36-8-15-19
Operational funding; ad valorem property tax; funding by
distribution under IC 6-3.5-6-17 in lieu of tax; election by
ordinance; adjustment of property tax limits; reduction of tax of
units joining or withdrawing from district
Sec. 19. (a) This subsection applies to a county that has a
population of more than one hundred eighty-two thousand seven
hundred ninety (182,790) but less than two hundred thousand
(200,000). For the purpose of raising money to fund the operation of
the district, the county fiscal body may impose, for property taxes
first due and payable during each year after the adoption of an
ordinance establishing the district, an ad valorem property tax levy
on property within the district. The property tax rate for that levy
may not exceed five cents ($0.05) on each one hundred dollars
($100) of assessed valuation.
(b) This subsection applies to a county having a consolidated city.
The county fiscal body may elect to fund the operation of the district
from part of the certified distribution, if any, that the county is to
receive during a particular calendar year under IC 6-3.5-6-17. To
make such an election, the county fiscal body must adopt an
ordinance before September 1 of the immediately preceding calendar
year. The county fiscal body must specify in the ordinance the
amount of the certified distribution that is to be used to fund the
operation of the district. If the county fiscal body adopts such an
ordinance, it shall immediately send a copy of the ordinance to the
county auditor.
(c) Subject to subsections (d), (e), and (f), if an ordinance or
resolution is adopted changing the territory covered by the district or
the number of public agencies served by the district, the department
of local government finance shall, for property taxes first due and
payable during the year after the adoption of the ordinance, adjust the
maximum permissible ad valorem property tax levy limits of the
district and the units participating in the district.
(d) If a unit by ordinance or resolution joins the district or elects
to have its public safety agencies served by the district, the
department of local government finance shall reduce the maximum
permissible ad valorem property tax levy of the unit for property
taxes first due and payable during the year after the adoption of the
ordinance or resolution. The reduction shall be based on the amount
budgeted by the unit for public safety communication services in the
year in which the ordinance was adopted. If such an ordinance or
resolution is adopted, the district shall refer its proposed budget, ad
valorem property tax levy, and property tax rate for the following
year to the department of local government finance, which shall
review and set the budget, levy, and rate as though the district were
covered by IC 6-1.1-18.5-7.
(e) If a unit by ordinance or resolution withdraws from the district
or rescinds its election to have its public safety agencies served by
the district, the department of local government finance shall reduce
the maximum permissible ad valorem property tax levy of the district
for property taxes first due and payable during the year after the
adoption of the ordinance or resolution. The reduction shall be based
on the amounts being levied by the district within that unit. If such
an ordinance or resolution is adopted, the unit shall refer its proposed
budget, ad valorem property tax levy, and property tax rate for public
safety communication services to the department of local government
finance, which shall review and set the budget, levy, and rate as
though the unit were covered by IC 6-1.1-18.5-7.
(f) The adjustments provided for in subsections (c), (d), and (e) do
not apply to a district or unit located in a particular county if the
county fiscal body of that county does not impose an ad valorem
property tax levy under subsection (a) to fund the operation of the
district.
(g) A county that has adopted an ordinance under section 1(3) of
this chapter may not impose an ad valorem property tax levy on
property within the district to fund the operation or implementation
of the district.
As added by P.L.225-1986, SEC.8. Amended by P.L.32-1986, SEC.9;
P.L.6-1997, SEC.215; P.L.148-2007, SEC.9; P.L.195-2007, SEC.10;
P.L.224-2007, SEC.131; P.L.3-2008, SEC.267; P.L.146-2008,
SEC.784; P.L.182-2009(ss), SEC.440.