Ind. Code § 36-4-3-5 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-5
Private lands; petition requesting ordinance to annex; filing; proceedings
Status: in_force

Sec. 5. (a) This subsection applies only to a petition requesting annexation that is filed before July 1, 2015. If the owners of land located outside of but contiguous to a municipality want to have territory containing that land annexed to the municipality, they may file with the legislative body of the municipality a petition:

(1) signed by at least:

(A) fifty-one percent (51%) of the owners of land in the territory sought to be annexed; or

(B) the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes; and

(2) requesting an ordinance annexing the area described in the petition.

(b) This subsection applies only to a petition requesting annexation that is filed after June 30, 2015. If the owners of land located outside of but contiguous to a municipality want to have territory containing that land annexed to the municipality, they may file with the legislative body of the municipality a petition that meets the following requirements:

(1) The petition is signed by at least one (1) of the following:

(A) Fifty-one percent (51%) of the owners of land in the territory sought to be annexed. An owner of land may not:

(i) be counted in calculating the total number of owners of land in the annexation territory; or

(ii) have the owner's signature counted;

with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.

(B) The owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes. Land that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year may not be included in calculating the total assessed valuation of the land in the annexation territory. The court may not count an owner's signature on a petition with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.

(2) The petition requests an ordinance annexing the area described in the petition.

(c) The petition circulated by the landowners must include on each page where signatures are affixed a heading that is substantially similar to the following:

"PETITION FOR ANNEXATION INTO THE (insert whether city or town) OF (insert name of city or town).".

(d) If the legislative body fails to pass the ordinance within one hundred fifty (150) days after the date of filing of a petition under subsection (a) or (b), the petitioners may file a duplicate copy of the petition in the circuit or superior court of a county in which the territory is located, and shall include a written statement of why the annexation should take place. Notice of the proceedings, in the form of a summons, shall be served on the municipality named in the petition. The municipality is the defendant in the cause and shall appear and answer.

(e) The court shall hear and determine the petition without a jury, and shall order the proposed annexation to take place only if the evidence introduced by the parties establishes that:

(1) essential municipal services and facilities are not available to the residents of the territory sought to be annexed;

(2) the municipality is physically and financially able to provide municipal services to the territory sought to be annexed;

(3) the population density of the territory sought to be annexed is at least three (3) persons per acre; and

(4) the territory sought to be annexed is contiguous to the municipality.

If the evidence does not establish all four (4) of the preceding factors, the court shall deny the petition and dismiss the proceeding.

(f) This subsection does not apply to a town that has abolished town legislative body districts under IC 36-5-2-4.1. An ordinance adopted under this section must assign the territory annexed by the ordinance to at least one (1) municipal legislative body district.

[Pre-Local Government Recodification Citation: 18-5-10-23.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.308, SEC.3; P.L.5-1989, SEC.93; P.L.3-1993, SEC.264; P.L.255-1997(ss), SEC.11; P.L.224-2001, SEC.5; P.L.173-2003, SEC.22; P.L.228-2015, SEC.9; P.L.149-2016, SEC.96.
Ind. Code § 36-1-12.5-0.5 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-0.5
"Actual savings" defined
Status: in_force

Sec. 0.5. As used in this chapter, "actual savings" includes stipulated savings.

As added by P.L.98-2002, SEC.1.
Ind. Code § 36-7-15.1-17.1 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-17.1
Lease of property to commission; conditions
Status: in_force

Sec. 17.1. (a) A commission may enter into a lease of any property that may be financed with the proceeds of bonds issued under this chapter with a lessor for a term not to exceed:

(1) fifty (50) years, for a lease entered into before July 1, 2008; or

(2) twenty-five (25) years, for a lease entered into after June 30, 2008.

The lease may provide for payments to be made by the commission from special benefits taxes levied under section 19 of this chapter, taxes allocated under section 26 of this chapter, any other revenue available to the commission, or any combination of these sources.

(b) A lease may provide that payments by the commission 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 commission only after a public hearing by the commission 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 commission may adopt a resolution authorizing the execution of the lease on behalf of the unit if it 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 its residents. Any lease approved by a resolution of the commission must be approved by an ordinance of the fiscal body of the unit.

(d) Upon execution of a lease providing for payments by the commission in whole or in part from the levy of special benefits taxes under section 19 of this chapter and upon approval of the lease by the fiscal body, the commission 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 such other data as may be 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 redevelopment district, which must be not less than five (5) or more than thirty (30) days after the time for 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, to the commission, and to 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 commission entering into a lease payable from allocated taxes under section 26 of this chapter or revenues or other available funds of the commission may:

(1) pledge the revenue to make payments under the lease pursuant to 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 commission 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 any governmental body or agency are required before the commission 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 commission exercises an option to buy a leased facility from a lessor, the commission may subsequently sell the leased facility, without regard to any other statute, 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 commission through auction, appraisal, or arms length negotiation. If the facility is sold at auction, after appraisal, or through negotiation, the commission shall conduct a hearing after public notice in accordance with IC 5-3-1 before the sale. Any action to contest the sale must be brought within fifteen (15) days after the hearing.

As added by P.L.84-1987, SEC.9. Amended by P.L.90-2002, SEC.478; P.L.146-2008, SEC.752.
Ind. Code § 36-7-31.5-6 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-6
Review of resolution by budget committee; notice requirements; information to taxing units
Status: in_force

Sec. 6. (a) Upon adoption of a resolution establishing a tax area under section 8 of this chapter, the commission shall submit the resolution to the budget committee for review.

(b) Upon adoption of a resolution changing the boundaries of a tax area under section 8 of this chapter, the commission shall:

(1) publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1; and

(2) file the following information with each taxing unit in the county in which the tax area is located:

(A) A copy of the notice required by subdivision (1).

(B) A statement disclosing the impact of the tax area, including the following:

(i) The estimated economic benefits and costs incurred by the tax, as measured by increased employment and anticipated growth of property assessed values.

(ii) The anticipated impact on tax revenues of each taxing unit.

The notice must state the general boundaries of the tax area.

(c) Upon completion of the actions required by subsection (b), the commission shall submit the resolution to the budget committee for review.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-7-15.2-4 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-4
"District" defined
Status: in_force

Sec. 4. As used in this chapter, "district" refers to an economic development project district established under this chapter.

As added by P.L.84-1987, SEC.13.
Ind. Code § 36-7-18-11 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-11
Conflicts of interest
Status: in_force

Sec. 11. (a) Except as provided in subsection (b), a commissioner or an employee of a housing authority may not acquire or have any direct or indirect interest in:

(1) a housing project;

(2) any property included or planned to be included in a project; or

(3) a contract or proposed contract for materials or services to be furnished or used in connection with any housing project.

(b) A commissioner or an employee of a housing authority may have an interest described in subsection (a) if that interest is in:

(1) a bank or similar financial institution in which housing authority money is deposited;

(2) a contract for materials or services provided on an emergency basis under IC 5-22-10-4 in which time is of the essence, if:

(A) the materials or services are priced at a cost comparable to the same materials or services provided on a competitive basis; and

(B) a declaration of emergency is recorded in the housing authority's minutes;

(3) a contract for materials or services provided by a minority business enterprise (as defined under IC 4-13-16.5-1) that are not available through other minority business enterprises, if the materials and services are priced at a cost comparable to the same materials or services provided on a competitive basis;

(4) a contract for materials or services that cannot be reasonably obtained from other suppliers; or

(5) a lease under which an employee is a tenant of the housing authority.

(c) If a commissioner or an employee of a housing authority owns or controls a direct or an indirect interest in any property included or planned to be included in a housing project, the commissioner or employee shall immediately disclose that interest in writing to the authority. The disclosure shall be entered upon the minutes of the authority, and the commissioner holding the interest may not vote on the acquisition of the property by the authority. Failure to disclose such an interest constitutes misconduct in office.

[Pre-Local Government Recodification Citation: 18-7-11-6.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.340-1985, SEC.3; P.L.14-1991, SEC.24; P.L.49-1997, SEC.79; P.L.127-2017, SEC.214.
Ind. Code § 36-3-5.5-8 — Indiana Code / Title 36 / Article 3 / Chapter 5.5 / Section 36-3-5.5-8
Effect of reorganization
Status: in_force

Sec. 8. If the consolidated city reorganizes under IC 36-1.5, the individual who performs the functions of an office described in section 1 of this chapter for the consolidated city shall comply with the training requirements established by this chapter for the reorganized political subdivision.

As added by P.L.257-2019, SEC.110.
Ind. Code § 36-8-10-10.6 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-10.6
Special deputies with powers of law enforcement officer; appointment; qualifications; duties
Status: in_force

Sec. 10.6. (a) The sheriff may appoint as a special deputy any person who is employed by a governmental entity as defined in IC 35-31.5-2-144 or private employer, the nature of which employment necessitates that the person have the powers of a law enforcement officer. During the term of the special deputy's appointment and while the special deputy is fulfilling the specific responsibilities for which the appointment is made, a special deputy has the powers, privileges, and duties of a county police officer under this chapter, subject to any written limitations and specific requirements imposed by the sheriff and signed by the special deputy. A special deputy is subject to the direction of the sheriff and shall obey the rules and orders of the department. A special deputy may be removed by the sheriff at any time, without notice and without assigning any cause.

(b) The sheriff shall fix the prerequisites of training, education, and experience for special deputies, subject to the minimum requirements prescribed by this subsection. Applicants must:

(1) be twenty-one (21) years of age or older;

(2) never have been convicted of a felony, or a misdemeanor involving moral turpitude;

(3) be of good moral character; and

(4) have sufficient training to insure the proper performance of their authorized duties.

(c) Except as provided in subsection (d), a special deputy shall wear a uniform the design and color of which is easily distinguishable from the uniforms of the Indiana state police, the regular county police force, and all municipal police and fire forces located in the county.

(d) The sheriff may permit a special deputy to wear the uniform of the regular county police force if the special deputy:

(1) has successfully completed the minimum basic training requirements under IC 5-2-1;

(2) is periodically assigned by the sheriff to duties of a regular county police officer; and

(3) is an employee of the department.

The sheriff may revoke permission for the special deputy to wear the uniform of the regular county police force at any time without cause or notice.

(e) The sheriff may also appoint one (1) legal deputy, who must be a member of the Indiana bar. The legal deputy does not have police powers. The legal deputy may continue to practice law. However, neither the legal deputy nor any attorney in partnership with the legal deputy may represent a defendant in a criminal case.

(f) The sheriff, for the purpose of guarding prisoners in the county jail:

(1) in counties not having a consolidated city, may appoint special deputies to serve as county jail guards; and

(2) in counties having a consolidated city, shall appoint only special deputies to serve as county jail guards.

This subsection does not affect the rights or liabilities accrued by any county police officer assigned to guard the jail before August 31, 1982.

As added by P.L.311-1983, SEC.45. Amended by P.L.48-1987, SEC.2; P.L.114-2012, SEC.149.
Ind. Code § 36-7-32.6-28 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-28
Limitation on designating territory
Status: in_force

Sec. 28. (a) Notwithstanding any other law, the Indiana economic development corporation is prohibited from designating territory located in the stadium development district under this chapter as an innovation development district under IC 36-7-32.5.

(b) Notwithstanding any other law, the northwest Indiana regional development authority established by IC 36-7.5-2-1 is prohibited from designating territory located in the stadium development district under this chapter as a transit development district under IC 36-7.5-4.5.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-8-25-9 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-9
Agreements between public safety agencies
Status: in_force

Sec. 9. Nothing in this chapter prohibits a public safety agency from entering into a reciprocal agreement with another public safety agency to provide T-CPR instruction to telephone callers, if the public safety agency that accepts the telephone call has a public safety telecommunicator who has successfully completed a T-CPR training program approved by the department.

As added by P.L.54-2019, SEC.4. Amended by P.L.187-2021, SEC.159.
Ind. Code § 36-7-11.3-30 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-30
Reasons for disqualification of members from voting on matters; abstention of member
Status: in_force

Sec. 30. (a) A member of the commission is not disqualified from hearing and voting upon a matter coming before the commission because the member:

(1) owns or occupies primary or secondary property; or

(2) belongs to a neighborhood association.

(b) A member of the commission may abstain from voting on a matter if the member states reasons in the record.

(c) A member of the commission is disqualified from voting if:

(1) the member is an owner or occupant of:

(A) the subject property; or

(B) primary or secondary property of which a part lies within one hundred (100) feet of the subject property; or

(2) the member is a person described by section 50(a)(2)(D) of this chapter.

(d) If by virtue of the abstention of a member of the commission there is not present at a hearing upon a matter at least six (6) members of the commission able to vote on the matter, the chair shall redocket the matter for a hearing or rehearing at:

(1) the next regular meeting of the commission; or

(2) a special meeting set for a date not more than thirty (30) days following the date of the meeting at which the matter was or was to be heard.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.]

As added by P.L.1-1995, SEC.84. Amended by P.L.127-2017, SEC.191.
Ind. Code § 36-7-11-4.6 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-4.6
Commission; acquisition and disposition of property
Status: in_force

Sec. 4.6. An ordinance that establishes a historic preservation commission under section 4 of this chapter may:

(1) authorize the commission to:

(A) acquire by purchase, gift, grant, bequest, devise, or lease any real or personal property, including easements, that is appropriate for carrying out the purposes of the commission;

(B) hold title to real and personal property; and

(C) sell, lease, rent, or otherwise dispose of real and personal property at a public or private sale on the terms and conditions that the commission considers best; and

(2) establish procedures that the commission must follow in acquiring and disposing of property.

As added by P.L.227-1997, SEC.5.
Ind. Code § 36-1-4-21 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-21
Placement or display of political materials on political subdivision property
Status: in_force

Sec. 21. If a political subdivision permits or authorizes the placement or display of materials:

(1) advocating the election or defeat of a candidate or public question; or

(2) supporting or opposing a political party;

on the real or personal property of the political subdivision, the political subdivision must permit the placement or display of these materials from any person on that real or personal property subject to the same time, place, and manner restrictions.

As added by P.L.149-2016, SEC.92.
Ind. Code § 36-7-31.6-8 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-8
Limitations on designation of territory
Status: in_force

Sec. 8. Notwithstanding any other law, the following apply:

(1) The Indiana economic development corporation is prohibited from designating territory located in the tax area under this chapter as an innovation development district under IC 36-7-32.5.

(2) A designating body (as defined in IC 36-7-32.6-5) is prohibited from designating territory located in the tax area under this chapter as a stadium development district under IC 36-7-32.6.

(3) The legislative body of the city is prohibited from designating territory located in the tax area under this chapter as an allocation area under any other provision of Indiana code.

(4) The northwest Indiana regional development authority established by IC 36-7.5-2-1 is prohibited from designating territory located in the tax area under this chapter as a transit development district under IC 36-7.5-4.5.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-7-5.1-20 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-20
Continuation of preexisting zoning ordinances
Status: in_force

Sec. 20. Until the commission adopts a zoning ordinance in the manner provided for under the 600 series of the advisory planning law, the zoning ordinance, if any, that is then in effect for the portion of the joint district controlled by that zoning ordinance shall continue in effect.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-10-3-44 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-44
Lease or contracts for performance of historical pageants and admissions and maintenance of facilities
Status: in_force

Sec. 44. The board may enter into a lease or contracts with not-for-profit corporations providing detailed terms and conditions for:

(1) the performance of historical pageants and entertainments; and

(2) the charging of admissions and maintenance of the facilities.

The contract must not extend for a longer term than the term of the bonds.

As added by P.L.74-1986, SEC.11.
Ind. Code § 36-7-30.5-5 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-5
"Military base"
Status: in_force

Sec. 5. As used in this chapter, "military base" means a United States government military base or other military installation that is:

(1) scheduled for closing or realignment; or

(2) completely or partially inactive or closed.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-10-1-1 — Indiana Code / Title 36 / Article 10 / Chapter 1 / Section 36-10-1-1
Application of chapter
Status: in_force

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.5. Amended by Acts 1981, P.L.309, SEC.107.
Ind. Code § 36-9-37-45 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-45
Municipalities no longer using Barrett Law; transfer of surplus money
Status: in_force

Sec. 45. Notwithstanding any other statute, a municipality may by ordinance transfer the surplus Barrett Law account money to the general fund or general improvement fund of the municipality if the following conditions are met:

(1) The municipality:

(A) has money in the surplus Barrett Law account;

(B) has established a general improvement fund under IC 36-9-17 or a similar statute; and

(C) no longer uses the Barrett Law for public improvements.

(2) There are no obligations or potential obligations arising out of the operation of the Barrett Law for which the surplus Barrett Law account money was accumulated or may be used.

(3) Notice of intention to transfer the surplus Barrett Law account money to the general fund or general improvement fund has been published in accordance with IC 5-3-1.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-1-9.5-16 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-16
"Subcontractor" defined
Status: in_force

Sec. 16. As used in this chapter, "subcontractor" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person to whom a contractor sublets part of a contract.

As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.515.
Ind. Code § 36-1-29-13 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-13
Contiguous seawalls
Status: in_force

Sec. 13. A seawall may be contiguous to another seawall if making one (1) or more seawalls contiguous does not interfere, obstruct, or otherwise inhibit the public's ability to use a public access point or easement that provides access to the shore of Lake Michigan and all parts of the seawall are on private property.

As added by P.L.164-2020, SEC.64.
Ind. Code § 36-7-2.4-5 — Indiana Code / Title 36 / Article 7 / Chapter 2.4 / Section 36-7-2.4-5
"Unit"
Status: in_force

Sec. 5. As used in this chapter, "unit" means a county, city, or town.

As added by P.L.232-2025, SEC.32.
Ind. Code § 36-10-4-18 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-18
Ordinance authorizing sale of park lands; disposition of proceeds
Status: in_force

Sec. 18. If a board decides to sell a part of the park lands owned by the city, it shall prepare an ordinance authorizing the sale and submit it to the city legislative body. If the legislative body passes the ordinance, the land shall be sold as other land of the city is sold and the proceeds of the sale credited to the department. The proceeds shall be expended for the improvement of the remaining park land or for the purchase of other land for park purposes, as the board considers best for the city.

[Pre-Local Government Recodification Citation: 19-7-30-13 part.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-7-2.5-21 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-21
Failure to timely complete plan review; permit issued
Status: in_force

Sec. 21. If a unit:

(1) notifies the applicant that a plan review can be performed within:

(A) the time set forth in section 18 of this chapter; or

(B) any extension period mutually agreed to by the applicant and the unit; and

(2) fails to complete the plan review within the time stated in subdivision (1);

the unit shall issue a permit or a limited permit under section 22 of this chapter to the applicant not later than the next business day.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-7-1-7 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-7
"Housing authority"
Status: in_force

Sec. 7. "Housing authority" refers to a housing authority established under IC 36-7-18.

[Pre-Local Government Recodification Citation: 18-7-12-3(a).]

As added by Acts 1981, P.L.309, SEC.7.
Ind. Code § 36-7-4-303 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-303
Organization; president and vice president
Status: in_force

Sec. 303. At its first regular meeting in each year, the plan commission shall elect from its members a president and a vice president. The vice president may act as president of the plan commission during the absence or disability of the president.

[Pre-Local Government Recodification Citations: 18-7-2-16; 18-7-3-5 part; 18-7-4-303; 18-7-4-21; 18-7-5-22.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-2-20-1 — Indiana Code / Title 36 / Article 2 / Chapter 20 / Section 36-2-20-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a county in which the executive and the fiscal body adopt identical ordinances to do the following:

(1) Accept the applicability of this chapter.

(2) Designate a procurement agent.

As added by P.L.252-1993, SEC.5.
Ind. Code § 36-7-32-17.5 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-17.5
Authorization to enter into an agreement with a taxpayer for waiver of review of an assessment of property taxes in an allocation area during the term of bonds or lease obligations payable from allocated property taxes
Status: in_force

Sec. 17.5. A redevelopment commission may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.

As added by P.L.249-2015, SEC.31.
Ind. Code § 36-7-30-16 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-16
Acquisition of property by eminent domain
Status: in_force

Sec. 16. (a) If the reuse authority considers it necessary to acquire real property in or serving a reuse area by the exercise of the power of eminent domain, it shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a petition in the name of the unit on behalf of the reuse authority, in the circuit or superior court of the county in which the property is situated. The resolution must contain a finding by the reuse authority that the property to be acquired is in an area needing redevelopment (as defined in IC 36-7-1-3). The resolution must be approved by the legislative body of the unit before the petition is filed.

(b) Eminent domain proceedings under this section are governed by IC 32-24 and other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired under this section, but property belonging to the state or a political subdivision may not be acquired without the consent of the state or the political subdivision.

(c) The court having jurisdiction shall direct the clerk of the circuit court to execute a deed conveying the title of real property acquired under this section to the unit for the use and benefit of the reuse authority.

As added by P.L.26-1995, SEC.14. Amended by P.L.2-2002, SEC.118; P.L.185-2005, SEC.53.
Ind. Code § 36-10-9.1-15 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-15
Approval of plans and specifications
Status: in_force

Sec. 15. If the lease provides for a capital improvement or improvements thereto to be constructed by the authority, the plans and specifications shall be submitted to and approved by the capital improvement board and all agencies designated by law to pass on plans and specifications for public buildings.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-9-28.7-6 — Indiana Code / Title 36 / Article 9 / Chapter 28.7 / Section 36-9-28.7-6
"Swale"
Status: in_force

Sec. 6. As used in this chapter, "swale" means an elongated depression in the land surface that:

(1) is at least seasonally wet;

(2) is usually vegetated;

(3) is a conduit for storm water flow; and

(4) conducts storm water into primary drainage channels.

As added by P.L.125-2011, SEC.3.
Ind. Code § 36-9-23-9 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-9
Board; authority relating to employees; payment of expenses
Status: in_force

Sec. 9. The board may employ, fix the compensation of, and prescribe the duties of engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and any other employees it considers necessary. The expenses incurred under this section shall be paid solely from money provided under this chapter.

[Pre-Local Government Recodification Citation: 19-2-5-5 part.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-2-20-4 — Indiana Code / Title 36 / Article 2 / Chapter 20 / Section 36-2-20-4
Written requisitions
Status: in_force

Sec. 4. An official or employee who wants the county to acquire an item shall forward a written requisition for the item to the procurement agent. The requisition must include the following information concerning the item:

(1) Specifications.

(2) Quantity.

(3) Type.

(4) Purpose for which the item is needed.

(5) Office or place where the item will be used.

(6) Date when needed.

(7) Evidence that sufficient funds were appropriated and are available to pay for the item.

As added by P.L.252-1993, SEC.5.
Ind. Code § 36-8-6-4 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-4
Derivation of funds; salary assessments
Status: in_force

Sec. 4. (a) The 1925 fund is derived from the following sources:

(1) From money or other property that is given to the local board for the use of the fund. The local board may take by gift, grant, devise, or bequest of any money, chose in action, personal property, or real property, or an interest in it. The local board shall take the property in the name of the local board and may hold, assign, transfer, or sell it.

(2) From money, fees, and awards that are paid or given to the police department of the municipality or to a member of the department because of service or duty performed by the department or a member. This includes fines imposed by the safety board against a member of the department, as well as the proceeds from the sale of lost, stolen, and confiscated property recovered or taken into possession by members of the police department in the performance of their duties and sold at a public sale in accordance with law.

(3) From an assessment made during the period of the member's employment or for thirty-two (32) years, whichever is shorter, on the salary of each member whom the local board has accepted and designated as a beneficiary of the 1925 fund, an amount equal to six percent (6%) of the salary of a first class patrolman. However, the employer may pay all or a part of the assessment for the member.

(b) The secretary of the local board shall prepare a roll of each of the assessments and place opposite the name of every member of the police department the amount of the assessment against the member. The treasurer of the local board shall retain out of the salary paid to the member each month the amount of the assessment, other than any amount paid on behalf of the member, and credit it to the 1925 fund. Except to the extent the assessment is paid on behalf of the member, every person becoming a member of the police department is liable for the payment of the assessments and is conclusively considered to agree to pay it and have it deducted from the member's salary as required in this section.

[Pre-Local Government Recodification Citation: 19-1-24-2 part.]

As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.182, SEC.3; P.L.312-1989, SEC.1; P.L.127-2017, SEC.242.
Ind. Code § 36-7-4-1400 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1400
1400 Series—Development Plans; application of certain amendments to chapter
Status: in_force

Sec. 1400. (a) This section and sections 1401, 1401.5, 1402, 1403, 1404, 1405, and 1406 of this chapter apply only to development plans initially submitted after December 31, 1995.

(b) This series (sections 1400 through 1499 of this chapter) may be cited as follows: 1400 SERIES─DEVELOPMENT PLANS.

As added by P.L.320-1995, SEC.22. Amended by P.L.220-2011, SEC.662.
Ind. Code § 36-7-15.2-6 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-6
"Local public improvement" defined
Status: in_force

Sec. 6. As used in this chapter, "local public improvement" means any redevelopment project or purpose of a commission or a unit under this chapter or IC 36-7-15.1.

As added by P.L.84-1987, SEC.13.
Ind. Code § 36-1.5-6-1 — Indiana Code / Title 36 / Article 1.5 / Chapter 6 / Section 36-1.5-6-1
"ADM"
Status: in_force

Sec. 1. As used in this chapter, "ADM" means average daily membership (as defined in IC 20-18-2-2).

As added by P.L.217-2017, SEC.160.
Ind. Code § 36-10-11-23 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-23
Application of bond and loan proceeds; lien
Status: in_force

Sec. 23. All money received from the sale of bonds or loans negotiated under this chapter, after reimbursement to the city of all amounts advanced for preliminary expenses as provided in section 11 of this chapter, shall be applied to the payment of the costs of buildings and improvements for which the bonds were issued or the loan was negotiated, including incidental expenses and interest during construction. A lien exists on all monies until so applied in favor of the holders of the bonds, the lenders, or the trustees.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-9-29.1-7 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-7
Filing and notice; resolution, plans, and specifications
Status: in_force

Sec. 7. (a) The resolutions and plans, plat, descriptions, and estimates and specifications, if any, shall be filed and opened to inspection by the public at the board's office.

(b) The board shall then give notice in accordance with IC 5-3-1 of the adoption and general purport of the resolution and of the fact that the resolution, plans, plat, descriptions, and estimates and specifications, if any, have been prepared, are on file in the office of the board, and can be inspected. The notice must name a date on which the board will receive and hear objections from any person interested in or who will be affected by the resolution.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-7-14-12.7 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-12.7
Requirement for commission to file annual spending plan for next calendar year; use of money only for purposes set forth in the plan; failure to submit a plan
Status: in_force

Sec. 12.7. (a) Not later than December 1 each year, the redevelopment commissioners shall file with the department of local government finance and with the unit's executive and fiscal body a report setting out a spending plan for the next calendar year describing planned expenditures. The spending plan must be filed in the manner prescribed by the department of local government finance.

(b) A redevelopment commission may use money from the redevelopment commission's allocation fund described in section 39(b)(4) of this chapter and any other fund maintained by the redevelopment commission only for the purposes provided in the annual spending plan described in subsection (a).

(c) The department of local government finance shall, before February 1, 2025, and before February 1 of each year thereafter, submit a report of the redevelopment commissions that failed to submit the spending plan required under subsection (a) to the legislative services agency for distribution to the members of the legislative council. The report must be in an electronic format under IC 5-14-6.

As added by P.L.236-2023, SEC.172.
Ind. Code § 36-7-30-34 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-34
Military base reuse authority; public utility providing water service
Status: in_force

Sec. 34. (a) This section applies to a reuse authority that owns or acquires a public utility (as defined in IC 8-1-2-1) established to provide water service.

(b) The reuse authority shall operate the public utility as a municipal water utility in accordance with IC 8-1.5-3, and has all the powers and duties of:

(1) the board (as defined in IC 8-1.5-3-2); and

(2) the municipal legislative body;

under IC 8-1.5-3 with respect to the operation of its municipal water utility.

As added by P.L.104-2010, SEC.3.
Ind. Code § 36-8-6-1.5 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-1.5
Qualification of 1925 fund under Internal Revenue Code; benefit limitations
Status: in_force

Sec. 1.5. (a) As used in this chapter, "Internal Revenue Code":

(1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or

(2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-1-11.

(b) The 1925 fund shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code, as applicable to the 1925 fund. In order to meet those requirements, the 1925 fund is subject to the following provisions, notwithstanding any other provision of this chapter:

(1) The local board shall distribute the corpus and income of the 1925 fund to members and their beneficiaries in accordance with this chapter.

(2) No part of the corpus or income of the 1925 fund may be used or diverted to any purpose other than the exclusive benefit of the members and their beneficiaries.

(3) Forfeitures arising from severance of employment, death, or for any other reason may not be applied to increase the benefits any member would otherwise receive under this chapter.

(4) If the 1925 fund is terminated, or if all contributions to the 1925 fund are completely discontinued, the rights of each affected member to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.

(5) All benefits paid from the 1925 fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the 1925 fund is subject to the following provisions:

(A) The life expectancy of a member, the member's spouse, or the member's beneficiary shall not be recalculated after the initial determination, for purposes of determining benefits.

(B) If a member dies before the distribution of the member's benefits has begun, distributions to beneficiaries must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died.

(C) The amount of an annuity paid to a member's beneficiary may not exceed the maximum amount determined under the incidental death benefit requirement of the Internal Revenue Code.

(6) The local board may not:

(A) determine eligibility for benefits;

(B) compute rates of contribution; or

(C) compute benefits of members or beneficiaries;

in a manner that discriminates in favor of members who are considered officers, supervisors, or highly compensated, as prohibited under Section 401(a)(4) of the Internal Revenue Code.

(7) Benefits paid under this chapter may not exceed the maximum benefit specified by Section 415 of the Internal Revenue Code.

(8) The salary taken into account under this chapter may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code.

(9) The local board may not engage in a transaction prohibited by Section 503(b) of the Internal Revenue Code.

(c) Notwithstanding any other provision of this chapter, and solely for the purposes of the benefits provided under this chapter, the benefit limitations of Section 415 of the Internal Revenue Code shall be determined by applying the provisions of Section 415(b)(10) of the Internal Revenue Code, as amended by the Technical and Miscellaneous Revenue Act of 1988. This section constitutes an election under Section 415(b)(10)(C) of the Internal Revenue Code to have Section 415(b) of the Internal Revenue Code, other than Section 415(b)(2)(G) of the Internal Revenue Code, applied without regard to Section 415(b)(2)(F) of the Internal Revenue Code (before its repeal on June 7, 2001, by P.L.107-16) to anyone who did not first become a participant before January 1, 1990.

As added by P.L.55-1989, SEC.48. Amended by P.L.4-1990, SEC.15; P.L.42-2011, SEC.81.
Ind. Code § 36-1-12.5-5.5 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-5.5
Procedures for issuance of bonds by political subdivisions not applicable
Status: in_force

Sec. 5.5. IC 6-1.1-20 does not apply to an agreement to participate in:

(1) a utility efficiency program; or

(2) a guaranteed savings contract;

entered into under this chapter.

As added by P.L.212-1995, SEC.3. Amended by P.L.168-2006, SEC.13.
Ind. Code § 36-7-2.5-8 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-8
"Permit"
Status: in_force

Sec. 8. As used in this chapter, "permit" means the following:

(1) An improvement location permit.

(2) A building permit.

(3) A certificate of occupancy.

(4) A certificate of completion and compliance.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-10-7.5-10 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-10
Conference attendance
Status: in_force

Sec. 10. If the park governor determines that the executive or any park employee should attend a state, regional, or national conference dealing with park and recreation problems, the park governor may authorize the payment of the actual expenses involved in attending the conference. However, the amount must be available as part of the department's appropriation.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.13.
Ind. Code § 36-4-2-3 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-3
Petition; contents; affidavit
Status: in_force

Sec. 3. (a) If each of the clerks of two (2) or more adjoining municipalities receives a written petition:

(1) signed by at least ten percent (10%) of the qualified voters of the municipality, as determined by the votes cast in the municipality for secretary of state at the most recent general election;

(2) requesting that a special election be held to determine whether the municipalities should be merged into one (1) municipality; and

(3) stating the name by which the proposed municipality will be known;

the clerk shall deliver a certified copy of the petition to the clerk of every other municipality involved in the proposed merger, and the respective legislative bodies of the municipalities shall hold an election in each municipality.

(b) An affidavit of one (1) or more freeholders of the municipality, stating that the persons who signed the petition are legal voters of the municipality, must be attached to each petition filed under this section. An affidavit filed under this section is conclusive evidence of the facts stated in the affidavit.

[Pre-Local Government Recodification Citations: 18-5-10-9; 18-5-10-10 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.122.
Ind. Code § 36-8-10.6-0.5 — Indiana Code / Title 36 / Article 8 / Chapter 10.6 / Section 36-8-10.6-0.5
Application of chapter
Status: in_force

Sec. 0.5. This chapter does not apply to a fire chief who is appointed as a volunteer in an unpaid position.

As added by P.L.187-2021, SEC.144.
Ind. Code § 36-7-30-15 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-15
Purchase of property
Status: in_force

Sec. 15. (a) If no appeal is taken or if an appeal is taken but is unsuccessful, the reuse authority shall proceed with the plan to the extent that money is available for that purpose.

(b) Negotiations for the purchase of property may be carried on directly by the reuse authority, by its employees, or by expert negotiators, but no option, contract, or understanding relative to the purchase of real property is binding on the reuse authority until approved and accepted by the reuse authority in writing. Payment for the property purchased shall be made when and as directed by the reuse authority but only on delivery of proper instruments conveying the title or interest of the owner to the reuse authority or its designee.

(c) The acquisition of real and personal property by the reuse authority under this chapter is not subject to the provisions of IC 5-22, IC 36-1-10.5, or any other statutes governing the purchase of property by public bodies or their agencies.

As added by P.L.26-1995, SEC.14. Amended by P.L.49-1997, SEC.80.
Ind. Code § 36-9-6-1 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to second and third class cities.

[Pre-Local Government Recodification Citation: 18-1-6-15 part.]

As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981, P.L.44, SEC.59.
Ind. Code § 36-7-11.3-42 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-42
Minutes of meetings
Status: in_force

Sec. 42. (a) The commission shall keep complete minutes of meetings. The minutes must reflect the following:

(1) Action taken by the commission.

(2) The reasons for the action.

(3) The factors considered by the commission in taking the action.

(b) Copies of the minutes of a meeting shall be provided to a person requesting a copy.

(c) An interested party who desires a transcript of a matter heard by the commission may, at the interested party's expense, have a transcript prepared.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-11.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-3-5 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-5
Surveying, platting, and numbering of tracts of land in municipality; requisites, approval, and recording of plat; public ways
Status: in_force

Sec. 5. (a) If there are five (5) or more specific tracts of land in a municipality that:

(1) approximate in size any of the platted lots in the municipality;

(2) are not platted or numbered; and

(3) are near or contiguous to each other;

the municipal legislative body may cause the tracts to be surveyed, platted, and given a specific number on the plat. If the survey and plat are approved by the legislative body and recorded in the platbook records of the county in which the municipality is located, they have the same legal effect as if they had been made by the owners of the tracts under section 3 of this chapter.

(b) Tracts surveyed under this section may be described and conveyed by the numbers assigned to them, in the same manner as other platted lots. However, a new public way may be laid out or opened only with the written consent of the owner of the real property to be affected.

[Pre-Local Government Recodification Citation: 18-5-10-36.]

As added by Acts 1981, P.L.309, SEC.22.
Ind. Code § 36-7-4-1003 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1003
Judicial review
Status: in_force

Sec. 1003. (a) Each decision of the legislative body under section 918.6 of this chapter is subject to judicial review in the same manner as that provided for the appeal of a final decision of the board of zoning appeals under section 1016(a) of this chapter.

(b) METRO. This subsection does not apply to an excluded city. A petition for judicial review must be filed with the court after the expiration of the period within which an official designated by the metropolitan development commission or a member of the legislative body of the city and county may file an appeal under section 922 of this chapter but not later than the period provided for timely filing under section 1605 of this chapter. However, if the official, or the member of the legislative body of the city and county files an appeal, then only the decision of the metropolitan development commission sitting as a board of zoning appeals is subject to judicial review. The official, the department of metropolitan development, or the member of the legislative body of the city and county may not seek judicial review of a decision of a board of zoning appeals or the commission sitting as a board of zoning appeals.

(c) METRO. This subsection applies only to an excluded city. A petition for judicial review must be filed with the court:

(1) after the expiration of the period within which a member of the excluded city legislative body may file an appeal under section 922 of this chapter; and

(2) not later than the period provided for timely filing under section 1605 of this chapter.

However, if the member of the legislative body of the excluded city files an appeal, then only the decision of the legislative body of the excluded city sitting as a board of zoning appeals is subject to judicial review. The member of the excluded city legislative body or the excluded city legislative body may not seek judicial review of a decision of the board of zoning appeals of the excluded city or the legislative body of the excluded city sitting as a board of zoning appeals.

[Pre-Local Government Recodification Citations: 18-7-2-76 part; 18-7-4-1003; 18-7-4-83 part; 18-7-5-87.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.304-1989, SEC.2; P.L.1-1990, SEC.360; P.L.320-1995, SEC.17; P.L.150-2003, SEC.1; P.L.126-2011, SEC.33; P.L.88-2014, SEC.4; P.L.161-2021, SEC.12.
Ind. Code § 36-4-7-2 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-2
Elected city officers; fixing of annual compensation; determining increases or decreases in compensation
Status: in_force

Sec. 2. (a) As used in this section, "compensation" means the total of all money paid to an elected city officer for performing duties as a city officer, regardless of the source of funds from which the money is paid. The term includes all employee benefits paid to an elected city officer, including life insurance, health insurance, disability insurance, retirement benefits, and pension benefits. For purposes of determining an increase or decrease in compensation of an elected city officer, the term does not include any of the following:

(1) Payment of an insurance premium.

(2) Payments in recognition of:

(A) longevity;

(B) professional certifications; or

(C) educational advancements;

that are separately identified on a salary ordinance or resolution.

(3) Payment of a stipend or per diem allowed by statute.

(4) A payment authorized under section 4 of this chapter.

(b) The city legislative body shall, by ordinance, fix the annual compensation of all elected city officers. An ordinance adopted under this subsection that fixes the annual compensation of an elected city officer shall provide for an annual, monthly, or biweekly salary schedule. An elected city officer is not required to report hours worked and may not be compensated based on the number of hours worked.

(c) The compensation of an elected city officer may not be changed in the year for which it is fixed nor may it be reduced below the amount fixed for the previous year.

[Pre-Local Government Recodification Citations: Part new; 18-1-6-3 part; 18-2-1-2 part; 18-2-1-9 part; 18-2-1-10 part; 18-2-1-17; 18-2-10-1 part; 18-3-3-3 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.21; P.L.15-1993, SEC.3; P.L.141-2009, SEC.9; P.L.209-2019, SEC.13.
Ind. Code § 36-4-8-8 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-8
Compensation for city officers and employees; restrictions
Status: in_force

Sec. 8. (a) The compensation fixed for city officers and employees under this title is in full for all governmental services and in lieu of all:

(1) fees;

(2) penalties;

(3) fines;

(4) interest;

(5) costs;

(6) forfeitures;

(7) commissions; and

(8) percentages;

which shall be paid into the city treasury each week.

(b) An officer or employee is entitled to receive a salary payment only after the officer or employee presents the city fiscal officer with:

(1) a detailed, verified statement of the monies the officer or employee has received since the officer's or employee's most recent statement; and

(2) a receipt showing payment of those monies to the fiscal officer.

The fiscal officer may prescribe the form of the statement, require officers and employees to submit the statement, and examine persons in regard to the statement.

[Pre-Local Government Recodification Citations: 18-1-6-5 part; 18-2-1-11 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.134.
Ind. Code § 36-1-9.5-36 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-36
Initial statement submitted by corporation; requirements; foreign corporations
Status: in_force

Sec. 36. (a) The initial statement submitted by a corporation must be accompanied by a certified copy of the following:

(1) The minutes covering the election of current officers.

(2) The current authority for individuals' personal signatures to contracts of the corporation, which may be:

(A) a part of the corporation's original articles of incorporation; or

(B) a subsequent official action of the stockholders or the board of directors of the corporation.

(b) If personnel or authority for individuals' personal signatures are changed in any manner, the contractor shall immediately notify the prequalification administrator and furnish the prequalification administrator with certified copies of appropriate documents.

(c) The initial statement of a foreign corporation must be accompanied by:

(1) valid evidence that the corporation is registered and in good standing with the secretary of state to do business in Indiana; or

(2) a letter stating that, if the corporation becomes the successful bidder on a contract, authorization will be secured by the corporation not later than fifteen (15) days after the bid opening.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-12-13 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-13
Commissions; rules; meetings; quorum; approval of actions; records
Status: in_force

Sec. 13. (a) An economic development commission may adopt the bylaws, rules, and regulations that it considers necessary. Regular or special meetings shall be held at times and upon notice fixed by the commission, either by resolution or in accordance with the bylaws, rules, and regulations adopted.

(b) A majority of the members of an economic development commission constitutes a quorum.

(c) Actions of an economic development commission must be approved by a majority of the members of the commission.

(d) The records of an economic development commission are public records.

[Pre-Local Government Recodification Citations: 18-6-4.5-7; 18-6-4.5-13 part.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.310, SEC.72.
Ind. Code § 36-8-16.7-9 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-9
Repealed
Status: repealed

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.18. Repealed by P.L.1-2025, SEC.240.
Ind. Code § 36-7-30.3-3 — Indiana Code / Title 36 / Article 7 / Chapter 30.3 / Section 36-7-30.3-3
"District"
Status: in_force

Sec. 3. As used in this chapter, "district" means a military impact zoning district established under this chapter.

As added by P.L.43-2023, SEC.5.
Ind. Code § 36-10-7-4 — Indiana Code / Title 36 / Article 10 / Chapter 7 / Section 36-10-7-4
Certain townships; public park or playground; management; records; violation
Status: in_force

Sec. 4. (a) This section applies to each township:

(1) in a county having a consolidated city; or

(2) containing a second class city within its boundaries that is not a county seat.

(b) If there is a public park or playground in the township under the jurisdiction of the township, the township executive shall manage the park or playground. The executive shall keep complete records of the management and all related transactions, including receipts such as fees, concessions, licenses, permits, and sales. The receipts shall be credited to the general fund of the township.

(c) An executive who violates this section commits a Class C infraction.

[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 17-4-39-3; subsection (c) formerly 17-4-39-4.]

As added by Acts 1981, P.L.309, SEC.114.
Ind. Code § 36-11-3-5 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-5
Inclusion in district of area located within a municipality
Status: in_force

Sec. 5. (a) Except as provided in subsection (b), the description of the area to be included in a district may not include a municipality.

(b) The description of the area to be included in a district may include area located within a municipality if the municipal legislative body has adopted an ordinance or resolution designating that area to be included in the district.

(c) The governing body shall:

(1) identify any area located within a municipality in the county that the governing body believes should be part of the area of the district; and

(2) request that the municipality adopt an ordinance or resolution under subsection (b) to include the area identified under subdivision (1) in the district.

(d) A municipal legislative body that has previously adopted an ordinance or resolution under subsection (b) may adopt an ordinance or resolution to exclude from the district all or part of the area previously designated for inclusion in the district.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-6-8-1 — Indiana Code / Title 36 / Article 6 / Chapter 8 / Section 36-6-8-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all townships.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-9-3-4 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-4
Removal of county or municipality from authority
Status: in_force

Sec. 4. If the fiscal body of any county or municipality finds that the county or municipality should be removed from the authority, it shall adopt a resolution favoring the removal of that county or municipality from the authority. The resolution must establish a date upon which the membership ceases, but that date must be at least six (6) months after the date of the adoption of the resolution. Removal of the county or municipality from the authority does not relieve the county or municipality from any obligations incurred on the county's or municipality’s behalf by the authority while the county or municipality was a member of the authority.

[Pre-Local Government Recodification Citation: 19-5-2.5-3 part.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.6.
Ind. Code § 36-1-7-17 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-17
Expired
Status: repealed

As added by P.L.212-2013, SEC.1. Expired 3-15-2014 by P.L.212-2013, SEC.1.
Ind. Code § 36-7-14-32 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-32
Urban renewal projects; powers and duties of commissions; units and officers
Status: in_force

Sec. 32. (a) In connection with the planning and undertaking of an urban renewal plan or urban renewal project, the redevelopment commission, municipal, county, public, and private officers, agencies, and bodies have all the rights, powers, privileges, duties, and immunities that they have with respect to a redevelopment plan or redevelopment project, as if all of the provisions of this chapter applicable to a redevelopment plan or redevelopment project were applicable to an urban renewal plan or urban renewal project.

(b) In addition to its other powers, the redevelopment commission may also:

(1) make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements;

(2) make plans for the enforcement of laws and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements;

(3) make preliminary plans outlining urban renewal activities for neighborhoods to embrace two (2) or more urban renewal areas;

(4) make preliminary surveys, including environmental assessments, to determine if the undertaking and carrying out of an urban renewal project are feasible;

(5) make plans for the relocation of persons (including families, business concerns, and others) displaced by an urban renewal project;

(6) make relocation payments to or with respect to persons (including families, business concerns, and others) displaced by an urban renewal project, for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of payments financed by the federal government; and

(7) develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of the conditions described in IC 36-7-1-3 in urban areas.

[Pre-Local Government Recodification Citations: 18-7-7-31; 18-7-7.1-31.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.185-2005, SEC.19; P.L.221-2007, SEC.38.
Ind. Code § 36-8-16.7-0.5 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-0.5
"911 service"
Status: in_force

Sec. 0.5. (a) As used in this chapter, "911 service" means a communications service that uses the three (3) digit number 911 to send:

(1) automatic number identification or its functional equivalent or successor; and

(2) automatic location information or its functional equivalent or successor;

for reporting police, fire, medical, or other emergency situations.

(b) The term includes both Phase I and Phase II enhanced 911 services, as described in 47 CFR 9.10.

As added by P.L.1-2025, SEC.239.
Ind. Code § 36-5-2-4.1 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-4.1
Town legislative body districts; standards; towns of less than 3,500 abolishing districts; ordinances; recertification of districts; filing with circuit court clerk; time for filing
Status: in_force

Sec. 4.1. (a) The legislative body may, by ordinance, divide the town into districts for the purpose of conducting elections of town officers.

(b) A town legislative body district must comply with the following standards:

(1) The district must be composed of contiguous territory, except for territory that is not contiguous to any other part of the town.

(2) The district must be reasonably compact.

(3) The district must contain, as nearly as is possible, equal population.

(4) The district may not cross a census block boundary except when following a precinct boundary line or unless the ordinance specifies that the census block has no population and is not likely to have population before the effective date of the next federal decennial census.

(5) The district may not cross precinct lines, except as provided in subsection (c).

(c) The boundary of a town legislative body district established under subsection (a) may cross a precinct boundary line if:

(1) the legislative body provides by ordinance under section 5 of this chapter that all legislative body members are to be elected at large by the voters of the whole town; or

(2) the district would not otherwise contain, as nearly as is possible, equal population.

(d) If any territory in the town is not included in one (1) of the districts established under this section, the territory is included in the district that:

(1) is contiguous to that territory; and

(2) contains the least population of all districts contiguous to that territory.

(e) The ordinance may be appealed in the manner prescribed by IC 34-13-6. If the town is located in two (2) or more counties, the appeal may be filed in the circuit or superior court of any of those counties.

(f) This subsection does not apply to a town with an ordinance described by subsection (g). Except as provided in subsection (j), the division permitted by subsection (a) shall be made only at times permitted under IC 3-5-10.

(g) This subsection applies to a town having a population of less than three thousand five hundred (3,500). The town legislative body may adopt an ordinance providing that:

(1) town legislative body districts are abolished; and

(2) all members of the legislative body are elected at large.

(h) An ordinance described by subsection (g):

(1) may not be adopted or repealed during a year in which a municipal election is scheduled to be conducted in the town under IC 3-10-6 or IC 3-10-7; and

(2) is effective upon passage.

(i) A copy of the ordinance establishing districts or a recertification under this section must be filed with the circuit court clerk of the county that contains the greatest population of the town not later than thirty (30) days after the ordinance or recertification is adopted. The filing must include a map of the district boundaries:

(1) adopted under subsection (a); or

(2) recertified under subsection (j).

(j) If the legislative body determines that a division under subsection (a) is not required, the legislative body shall adopt an ordinance recertifying that the districts as drawn comply with this section.

(k) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.

(l) This subsection applies to a town having a population of less than three thousand five hundred (3,500). If the town legislative body has not:

(1) adopted an ordinance under subsection (a) and subject to subsection (f) after December 31, 2011; or

(2) adopted an ordinance recertifying districts under subsection (j) after December 31, 2011;

the town legislative body districts are abolished, effective January 1, 2018. A town described by this subsection may adopt an ordinance to establish town legislative body districts in accordance with subsection (a) and subject to subsection (f) after January 1, 2018.

(m) IC 3-5-10 applies to a plan established under this section.

As added by Acts 1980, P.L.2, SEC.17. Amended by P.L.13-1988, SEC.20; P.L.5-1989, SEC.115; P.L.7-1990, SEC.62; P.L.4-1991, SEC.146; P.L.3-1993, SEC.273; P.L.2-1995, SEC.130; P.L.3-1997, SEC.464; P.L.1-1998, SEC.205; P.L.230-2005, SEC.88; P.L.271-2013, SEC.52; P.L.74-2017, SEC.79; P.L.169-2022, SEC.18.
Ind. Code § 36-7-23-55 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-55
Securities exempt from registration laws
Status: in_force

Sec. 55. Any security issued in connection with a financing under this chapter is exempt from the registration requirements of IC 23-19 or any other securities registration law.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.27-2007, SEC.34.
Ind. Code § 36-7-15.2-13 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-13
Final action by commission; appeal
Status: in_force

Sec. 13. After considering the evidence presented at the hearing, the commission shall take final action confirming, modifying and confirming, or rescinding the resolution. The action taken by the commission is final, except that an appeal may be taken under section 14 of this chapter.

As added by P.L.84-1987, SEC.13.
Ind. Code § 36-7-4-1340 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1340
Ordinance; effective date; duration; replacement
Status: in_force

Sec. 1340. (a) An impact fee ordinance may take effect not earlier than six (6) months after the date on which the impact fee ordinance is adopted by a legislative body.

(b) An impact fee may not be collected under an impact fee ordinance more than five (5) years after the effective date of the ordinance. However, a unit may adopt a replacement impact fee ordinance if the replacement impact fee ordinance complies with the provisions of this series.

As added by P.L.221-1991, SEC.41.
Ind. Code § 36-7-15.1-4.2 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-4.2
Redevelopment commission and department subject to open government laws
Status: in_force

Sec. 4.2. A redevelopment commission and a department of redevelopment are:

(1) subject to audit by the state board of accounts under IC 5-11;

(2) covered by IC 5-14-1.5 (the public meetings law);

(3) covered by IC 5-14-3 (the public records law); and

(4) covered by IC 36-1-12 (the public works law).

As added by P.L.149-2014, SEC.32.
Ind. Code § 36-7-24-8 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-8
Eminent domain
Status: in_force

Sec. 8. With the approval of the executive of the county affected, an authority may exercise the power of eminent domain under IC 32-24-1.

As added by P.L.223-1991, SEC.1. Amended by P.L.2-2002, SEC.117.
Ind. Code § 36-2-11-14 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-14
Auditor's endorsement required for recording of deed of partition, conveyance of land, or affidavits of transfer to real estate; violation
Status: in_force

Sec. 14. (a) The recorder may record:

(1) a deed of partition;

(2) a conveyance of land;

(3) an affidavit of transfer to real estate; or

(4) a deed or instrument made under IC 32-17-14;

only if it has been endorsed by the auditor of the proper county as "duly entered for taxation subject to final acceptance for transfer", "not taxable", or "duly entered for taxation" as provided by IC 36-2-9-18.

(b) A county auditor may not refuse to endorse a deed or instrument under IC 36-2-9-18 as required by this section because the deed or instrument is made under IC 32-17-14.

(c) A recorder who violates this section shall forfeit the sum of five dollars ($5), to be recovered by an action in the name of the county, for the benefit of the common school fund.

[Pre-Local Government Recodification Citations: 17-3-39-8 part; 17-3-39-9.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.54-1988, SEC.4; P.L.106-2003, SEC.7; P.L.106-2007, SEC.6; P.L.99-2024, SEC.24.
Ind. Code § 36-7-30.2-15 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-15
Lessor; duty to disclose
Status: in_force

Sec. 15. A lessor of real property must disclose in a lease that the property is located within a state area of interest as provided in IC 32-31-1-21.1.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-9-27.8-13 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-13
Workers not trespassing
Status: in_force

Sec. 13. While performing work under a contract entered into under this chapter, persons authorized under section 11(3) of this chapter are not considered trespassers and are liable only for the actual damages they cause to property.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-9-29-33 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-33
Deposit of funds of flood control district
Status: in_force

Sec. 33. The money in the funds of the flood control district shall be deposited and held in the same manner as other public funds under IC 5-13.

[Pre-Local Government Recodification Citation: 19-4-18-16 part.]

As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.3-1990, SEC.138.
Ind. Code § 36-7-31.5-3 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-3
General assembly findings
Status: in_force

Sec. 3. (a) The general assembly finds the following:

(1) Marion County and municipalities located in Marion County face unique and distinct challenges and opportunities related to economic development issues associated with the construction of facilities that would host professional soccer and other sporting and entertainment events in the city.

(2) A unique approach is required to ensure that the facilities can be maintained to allow Marion County and those municipalities to meet these challenges and opportunities.

(3) The powers and responsibilities provided to Marion County, the city, the facilities authority, and the capital improvement board by this chapter are appropriate and necessary to carry out the public purposes of encouraging and fostering economic development in central Indiana and constructing facilities that would host professional soccer and other sporting and entertainment events in the city.

(4) Encouragement of economic development in central Indiana will:

(A) generate significant economic activity, which may attract new businesses and encourage existing businesses to remain or expand in central Indiana;

(B) promote central Indiana to residents outside Indiana, which may attract residents outside Indiana and new businesses to relocate to central Indiana;

(C) protect and increase state and local tax revenues; and

(D) encourage overall economic growth in central Indiana and in Indiana.

(b) Marion County faces unique challenges in the development of infrastructure and other facilities necessary to promote economic development:

(1) as a result of its need to rely on sources of revenue other than property taxes;

(2) due to the large number of tax exempt properties located in Marion County;

(3) because the city is the seat of state government and Marion County government; and

(4) because Marion County is home to multiple institutions of higher education and the site of numerous state and regional nonprofit corporations.

(c) Economic development benefits the health and welfare of the people of Indiana, is a public use and purpose for which public money may be spent, and is of public utility and benefit.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-7-15.2-5 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-5
"Economic development project" defined
Status: in_force

Sec. 5. As used in this chapter, "economic development project" mean a project that:

(1) accomplishes the purposes specified in section 10 of this chapter; and

(2) involves an expenditure for a local public improvement.

As added by P.L.84-1987, SEC.13.
Ind. Code § 36-9-30-4 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-4
Methods for disposal
Status: in_force

Sec. 4. A unit acting under this chapter must obtain approval from the department of environmental management, according to rules adopted by the environmental rules board, for any method or methods used for the disposal of solid waste before obtaining land or facilities. One (1) or more of the methods listed below may be used:

(1) A unit may use a sanitary landfill. If a sanitary landfill is to be used, information necessary to evaluate the project shall be submitted to the department of environmental management for review and approval before the purchase of land or equipment.

(2) A unit may use incineration. If incineration is to be used, the plans and specifications of each incinerating plant or other facility, along with other information necessary to evaluate the project, shall be submitted to the department of environmental management for review and approval before construction of the facilities. The plans must include an approved method for the disposal of noncombustible solid waste and incinerator residue.

(3) A unit may use composting. If composting is to be used, the plans and specifications of composting facilities, along with other information necessary to evaluate the project, shall be submitted to the department of environmental management for review and approval before construction of the facilities. The plans must provide for the proper disposal of all solid waste that is not suitable for composting.

(4) A unit may use a garbage grinding system involving the separate collection and disposal of garbage into a community sewerage system through commercial-type grinders or community-wide installation of individual grinders. As used in this subdivision, "garbage" means all decayable solid and semisolid wastes resulting from the processing, preparation, cooking, serving, or consumption of food or food materials. The plans and specifications for the garbage grinding facilities, along with other information necessary to evaluate the project, shall be submitted to the department of environmental management for review and approval before construction or installation of the facilities. The plans must provide for the proper disposal of all solid waste that is not suitable for grinding.

(5) A unit may use any other suitable methods or facilities for the disposal of solid waste, if the plans and specifications, along with other information necessary to evaluate the project, are submitted to the department of environmental management for review and approval before the acquisition, construction, installation, or operation of the method or facility.

[Pre-Local Government Recodification Citations: 18-1-18-1; 19-2-1-2 part; 19-2-1-3 part; 19-2-6-1 part.]

As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.143-1985, SEC.203; P.L.113-2014, SEC.127.
Ind. Code § 36-7-30.5-24 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-24
Lease of property
Status: in_force

Sec. 24. (a) A development authority may enter into a lease of any property that could be financed with the proceeds of bonds issued under this chapter with a lessor for a term of not more than fifty (50) years. The lease may provide for payments to be made by the development authority from taxes allocated under section 30 of this chapter, any other revenues available to the development authority, or any combination of these sources.

(b) A lease may provide that payments by the development authority 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 development authority only after a public hearing by the development authority at which all interested parties are provided the opportunity to be heard. After the public hearing, the development authority may adopt a resolution authorizing the execution of the lease on behalf of the unit if the development authority 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 its residents. Any lease approved by a resolution of the development authority must be approved by the fiscal body of the appropriate unit.

(d) A development authority entering into a lease payable from allocated taxes under section 30 of this chapter or other available funds of the development authority may do the following:

(1) Pledge the revenue to make payments under the lease under IC 5-1-14-4.

(2) Establish a special fund to make the payments.

(e) Lease payments may be limited to money in the special fund so that the obligations of the development authority to make the lease rental payments are not considered a debt of a unit or the district for purposes of the Constitution of the State of Indiana.

(f) Except as provided in this section, approvals of any governmental body or agency are not required before the development authority may enter into a lease under this section.

(g) If a development authority exercises an option to buy a leased facility from a lessor, the development authority may subsequently sell the leased facility, without regard to any other statute, 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 development authority through auction, appraisal, or negotiation. If the facility is sold at auction, after appraisal or through negotiation, the development authority shall conduct a hearing after public notice in accordance with IC 5-3-1 before the sale. Any action to contest the sale must be brought not more than fifteen (15) days after the hearing.

(h) Notwithstanding this section, a development authority may negotiate and enter into leases of property from the United States or any department or agency of the United States without complying with the requirements of this section.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-7-38-6 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-6
Boards of county land banks; a county having a consolidated city
Status: in_force

Sec. 6. (a) This section applies to the board of a county land bank established by a county that has a consolidated city.

(b) The board of a land bank to which this section applies is comprised of the following:

(1) Three (3) directors appointed by the county executive. A director appointed under this subdivision must be a resident of the county.

(2) Three (3) directors appointed by the legislative body of the county. A director appointed under this subdivision must be a resident of the county.

(3) A director appointed by the county auditor. A director appointed under this subdivision must be a resident of the county.

(4) A director appointed by the local community foundation. A director appointed under this subdivision must be a resident of the county.

(5) At most one (1) additional director appointed, as applicable, in the manner and subject to the requirements set forth in the land bank's bylaws.

(c) The terms of the initial directors of a land bank to which this section applies are equal to:

(1) the remainder of the calendar year in which the land bank is established; plus

(2) a number of additional years equal to:

(A) one (1) calendar year, for directors appointed under subsection (b)(1);

(B) two (2) calendar years, for directors appointed under subsection (b)(2); and

(C) three (3) calendar years, for directors appointed under subsection (b)(3) through (b)(5).

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-1-4-7.5 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-7.5
Environmentally contaminated real estate; agreement to defend or indemnify
Status: in_force

Sec. 7.5. (a) This section applies to a transaction that involves a parcel of real estate that is owned or leased by a unit and the unit or a board, an agency, a department, a commission, or other division of the unit has determined in a resolution, an ordinance, a lease, a contract, or other written instrument that the parcel of real estate:

(1) may have environmental contamination:

(A) that occurred during or before the time the unit owned or leased the parcel of real estate; and

(B) for which the unit may be liable under applicable laws; and

(2) will be used in connection with an economic development project that will:

(A) promote opportunities for employment of the citizens of the unit;

(B) attract new business enterprises to the unit; or

(C) retain or expand a business enterprise within the unit.

(b) Except as provided in IC 26-2-5-1 and notwithstanding defenses available and immunity provided in IC 34-13-3, a unit may enter into a contract or lease that contains a provision, a clause, a covenant, a promise, or an agreement by the unit to defend or indemnify any person against any claim, cause of action, demand, cost, judgment, or other loss of any kind provided for under the terms of the contract.

(c) A unit may not indemnify a person against any claim, cause of action, demand, cost, judgment, or other loss resulting from environmental contamination of the parcel of real estate caused by the negligence or willful misconduct of the indemnified person occurring after the effective date of the indemnification.

(d) Nothing in this section may be construed to limit any rights that a unit may have to defend or indemnify a person under any other law.

As added by P.L.123-1996, SEC.18. Amended by P.L.1-1998, SEC.201.
Ind. Code § 36-11-10-2 — Indiana Code / Title 36 / Article 11 / Chapter 10 / Section 36-11-10-2
Date lien attaches; precedence of lien; enforcement
Status: in_force

Sec. 2. Except as provided in section 5 of this chapter, a lien attaches on the date the rates and charges become sixty (60) days delinquent. The lien:

(1) is superior to and takes precedence over all other liens except a lien for taxes; and

(2) shall be enforced under this article.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-8-3.5-14 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-14
Promotions; competitive examinations; procedures
Status: in_force

Sec. 14. (a) Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The commission may employ instructors, purchase materials, and make other expenditures to provide information for applicants for promotion examinations.

(b) The identity of a member taking the written examination shall be withheld from the person or persons grading the examination, and all written examinations are confidential. The commission shall notify each member in writing of the score that the member received on the examination. The score received by a member on the written examination becomes a part of the permanent file of the member, and the member is entitled to access to this file for examination at any time.

(c) The examination papers shall be kept under the commission's supervision. A member who is aggrieved with the score received on the written examination may appeal to the commission for review of the score. The appeal must be filed within ten (10) days after notice of the score has been sent to the member. The member may review the questions incorrectly answered by the member and challenge the answer considered correct by the examiner. The commission shall either affirm the score or correct the score according to the findings of a review. The examination papers shall be retired after the two (2) year period during which the eligibility list is valid. The retired papers shall be kept for five (5) years and then destroyed.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.231.
Ind. Code § 36-7-32-8.5 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-8.5
"Income tax incremental amount"
Status: in_force

Sec. 8.5. As used in this chapter, "income tax incremental amount" means the following:

(1) Except as provided in subdivision (2), the remainder of:

(A) the total amount of state adjusted gross income taxes and local income taxes paid by employees employed in the territory comprising the certified technology park with respect to wages and salary earned for work in the territory comprising the certified technology park for a particular state fiscal year; minus

(B) the sum of the:

(i) income tax base period amount as defined in section 8 of this chapter; and

(ii) tax credits awarded by the Indiana economic development corporation under IC 6-3.1-13 to businesses operating in a certified technology park as the result of wages earned for work in the certified technology park for the state fiscal year;

as determined by the department of state revenue.

(2) In the case of a certified technology park for which the amount limit under section 22(c), 22(d), or 22(e) of this chapter has been exceeded, the remainder of:

(A) the total amount of state adjusted gross income taxes and local income taxes paid by employees employed in the territory comprising the certified technology park with respect to wages and salary earned for work in the territory comprising the certified technology park for a particular state fiscal year; minus

(B) the sum of the:

(i) income tax base period amount as defined in section 8 of this chapter; and

(ii) tax credits awarded by the Indiana economic development corporation under IC 6-3.1-13 to businesses operating in a certified technology park as the result of wages earned for work in the certified technology park for the state fiscal year;

as determined by the department of state revenue.

As added by P.L.199-2005, SEC.39. Amended by P.L.197-2016, SEC.138; P.L.259-2017, SEC.1; P.L.158-2019, SEC.31; P.L.154-2020, SEC.50; P.L.162-2026, SEC.21.
Ind. Code § 36-7-11.5-6 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-6
Funds
Status: in_force

Sec. 6. (a) Money acquired by the development commission is subject to the laws concerning the deposit and safekeeping of public money.

(b) The money of the development commission and the accounts of each officer, employee, or other person entrusted by law with the raising, disposition, or expenditure of the money or part of the money are subject to examination by the state board of accounts.

As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007, SEC.285.
Ind. Code § 36-3-5-2.8 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-2.8
Powers and duties of controller
Status: in_force

Sec. 2.8. (a) Except as provided in subsections (b) and (c), the controller:

(1) has all the powers; and

(2) performs all the duties;

of the county auditor under law.

(b) The controller:

(1) does not have the powers; and

(2) may not perform the duties;

of the county auditor under IC 36-2-9.5 and IC 36-3-6, or as a member of the board of commissioners of the county under IC 36-3-3-10.

(c) Notwithstanding subsection (a) or any other law, the executive, with the approval of the legislative body, may allocate the duties of the county auditor, except the duties referred to in subsection (b), among:

(1) the controller;

(2) the county assessor;

(3) the county auditor; or

(4) other appropriate city or county officials.

As added by P.L.227-2005, SEC.25.
Ind. Code § 36-8-9-3 — Indiana Code / Title 36 / Article 8 / Chapter 9 / Section 36-8-9-3
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-1-25-1 part.]

As added by Acts 1981, P.L.309, SEC.60. Amended by P.L.366-1983, SEC.1; P.L.98-2000, SEC.27; P.L.103-2000, SEC.2. Repealed by P.L.12-2001, SEC.2.
Ind. Code § 36-7.6-2-13 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-13
Public purchasing and public works project laws apply
Status: in_force

Sec. 13. (a) A development authority shall comply with IC 5-22 (public purchasing), IC 36-1-12 (public work projects), and any applicable federal bidding statutes and regulations. An eligible political subdivision that receives a loan, a grant, or other financial assistance from a development authority or enters into a lease with a development authority must comply with applicable federal, state, and local public purchasing and bidding laws and regulations. However, a purchasing agency (as defined in IC 5-22-2-25) of an eligible political subdivision may:

(1) assign or sell a lease for property to a development authority; or

(2) enter into a lease for property with a development authority;

at any price and under any other terms and conditions as may be determined by the eligible political subdivision and the development authority. However, before making an assignment or a sale of a lease or entering into a lease under this section that would otherwise be subject to IC 5-22, the eligible political subdivision or its purchasing agent must obtain or cause to be obtained a purchase price for the property to be subject to the lease from the lowest responsible and responsive bidder in accordance with the requirements for the purchase of supplies under IC 5-22.

(b) In addition to the provisions of subsection (a), with respect to projects undertaken by a development authority, the development authority shall set a goal for participation by minority business enterprises and women's business enterprises. The goals must be consistent with:

(1) the participation goals established by the counties and municipalities that are members of the development authority; and

(2) the goals of delivering the project on time and within the budgeted amount and, insofar as possible, using Indiana businesses for employees, goods, and services.

As added by P.L.232-2007, SEC.7. Amended by P.L.252-2015, SEC.50.
Ind. Code § 36-9-4-36 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-36
Board of directors; power to sue; service of process
Status: in_force

Sec. 36. The board of directors of a public transportation corporation may, in the name of the corporation, sue or be sued in court. Service of process shall be made by service upon the secretary of the board, and notice must be served upon the secretary in the manner and form required by IC 34-13-3.

[Pre-Local Government Recodification Citation: 19-5-2-22 part.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.1-1998, SEC.215.
Ind. Code § 36-7-32-24 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-24
Bonds
Status: in_force

Sec. 24. (a) A redevelopment commission may issue bonds for the purpose of providing public facilities under this chapter.

(b) The bonds are payable solely from:

(1) property tax proceeds allocated to the certified technology park fund under section 17 of this chapter;

(2) money distributed to the redevelopment commission under section 22 of this chapter;

(3) other funds available to the redevelopment commission; or

(4) a combination of the methods in subdivisions (1) through (3).

(c) The bonds shall be authorized by a resolution of the redevelopment commission.

(d) The terms and form of the bonds shall be set out either in the resolution or in a form of trust indenture approved by the resolution.

(e) The bonds must mature within fifty (50) years.

(f) The redevelopment commission shall sell the bonds at public or private sale upon such terms as determined by the redevelopment commission.

(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of providing public facilities within a certified technology park, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:

(1) planning and development of the public facilities and all related buildings, facilities, structures, and improvements;

(2) acquisition of a site and clearing and preparing the site for construction;

(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the public facilities suitable for use and operation;

(4) architectural, engineering, consultant, and attorney's fees;

(5) incidental expenses in connection with the issuance and sale of bonds;

(6) reserves for principal and interest;

(7) interest during construction and for a period thereafter determined by the redevelopment commission, but not to exceed five (5) years;

(8) financial advisory fees;

(9) insurance during construction;

(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement; and

(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, for, and interest on, the bonds being refunded or refinanced.

As added by P.L.192-2002(ss), SEC.187.
Ind. Code § 36-8-19-0.3 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-0.3
Legalization of certain resolutions adopted before July 1, 2007
Status: in_force

Sec. 0.3. A resolution adopted by a township under this chapter before July 1, 2007, that would have been valid under this chapter, as in effect on July 1, 2007, is legalized and validated.

As added by P.L.220-2011, SEC.679.
Ind. Code § 36-7-1-13 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-13
"Park board"
Status: in_force

Sec. 13. "Park board" means board of parks and recreation or board of park commissioners.

[Pre-Local Government Recodification Citations: 18-7-4-111 part; 18-7-4-2 part; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.13.
Ind. Code § 36-9-38-11 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-11
Association established under IC 36-9-38-8; directors; bylaws
Status: in_force

Sec. 11. (a) The directors of the association must be:

(1) members of the association; and

(2) owners of real property in the affected area.

(b) The directors elected under section 10 of this chapter serve until the next annual meeting and until the directors' successors are elected and qualified.

(c) The directors shall approve bylaws of the association. The following apply to the bylaws of the association:

(1) The bylaws may be amended.

(2) The bylaws may provide for officers of the association to be elected annually by the directors.

(3) The bylaws may contain any other provisions that are desirable for the conduct of the affairs of the association.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-1.5-4.1-12 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-12
Dissolution of designated townships and transfer of powers, duties, property, and funds
Status: in_force

Sec. 12. (a) On January 1, 2029, each designated township that meets the criteria described in section 1(b) of this chapter is dissolved. All of the following occur:

(1) The term of office of an individual who holds a township office ends on December 31, 2028. An election for a township office shall not be held in 2029 or thereafter.

(2) The:

(A) powers and duties of the office of township trustee are transferred to the executive of the recipient municipality;

(B) legislative powers and duties of the office of township board members are transferred to the legislative body of the recipient municipality;

(C) fiscal powers and duties of the office of township board members are transferred to the fiscal body of the recipient municipality; and

(D) powers and duties of the township assessor (if the office exists) are transferred to the county assessor.

(3) The boundaries of the dissolved township remain as the boundaries of the service area within which the recipient municipality provides township services.

(4) If a designated township participates in a fire protection territory or fire protection district, the fire protection territory or fire protection district is unaffected by the reorganization and the area within the boundaries of the dissolved township remain a part of the fire protection territory or fire protection district after reorganization. The recipient municipality succeeds the designated township in the designated township's role as:

(A) a participating unit that is not a provider unit in the fire protection territory; or

(B) a participant in the fire protection district;

for the area within the boundaries of the dissolved designated township.

(5) The balance in the general fund of the designated township shall be transferred to the general fund of the recipient municipality.

(6) The balance in the township assistance fund of a designated township shall be transferred to a township assistance fund established by the recipient municipality.

(7) The balance of a fund for which the township imposes property taxes that are not subject to the maximum ad valorem levy limits under IC 6-1.1-18.5 to pay for debt service shall be transferred to the fund of the recipient municipality for which the recipient municipality imposes property taxes that are not subject to the maximum ad valorem levy limits under IC 6-1.1-18.5 to pay for debt service. If the recipient municipality does not have such a fund as of January 1, 2029, the designated unit shall establish the fund. If a township has more than one fund for which the township imposes property taxes that are not subject to the maximum ad valorem levy limits under IC 6-1.1-18.5 to pay for debt service, then the designated unit shall establish one fund for each fund for which the township imposes property taxes that are not subject to the maximum ad valorem levy limitations under IC 6-1.1-18.5 to pay for debt service.

(8) Subject to section 29 of this chapter, the property and liabilities of the designated township become the property and liabilities of the recipient municipality.

(b) IC 36-1-8-5 does not apply to a balance referred to in subsection (a).

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-1-15-8 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-8
Debt in excess of maximum amount void
Status: in_force

Sec. 8. Debt in excess of the maximum amount specified in sections 6 and 7 of this chapter is void.

As added by P.L.6-1997, SEC.203.
Ind. Code § 36-7-22-19 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-19
Lease or contractual agreements
Status: in_force

Sec. 19. The board may enter into lease or contractual agreements, or both, with governmental, not-for-profit, or other private entities for the purpose of carrying out economic improvement projects.

As added by P.L.195-1988, SEC.1.
Ind. Code § 36-9-27.4-20 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-20
Landowners jointly and severally responsible for costs of obstruction removal
Status: in_force

Sec. 20. (a) All the owners of a tract that is the subject of an order issued under section 19 of this chapter are jointly and severally responsible for the payment of the amount determined under section 19(c)(4) of this chapter.

(b) An owner of a tract who pays all of or a portion of the amount may bring an action to obtain contribution from an owner of the tract who did not pay an equal or a greater portion of the amount.

(c) An owner of a tract that is the subject of an order issued under section 19 of this chapter is subject to an action under section 22 of this chapter if the owner fails to pay the amount for which the owner is responsible under the order.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-8-11-23 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-23
Merger of districts
Status: in_force

Sec. 23. (a) Any fire protection district may merge with one (1) or more protection districts to form a single district if at least one-eighth (1/8) of the aggregate external boundaries of the districts coincide.

(b) The legislative body of the county where at least two (2) districts are located (or if the districts are located in more than one (1) county, the legislative body of each county) shall, if petitioned by freeholders in the two (2) districts, adopt an ordinance merging the districts into a single fire protection district.

(c) Freeholders who desire the merger of at least two (2) fire protection districts must initiate proceedings by filing a petition in the office of the county auditor of each county where a district is located. The petition must be signed:

(1) by at least twenty percent (20%), with a minimum of five hundred (500) from each district, of the freeholders owning land within the district; or

(2) by a majority of the freeholders from the districts;

whichever is less.

(d) The petition described in subsection (c) must state the same items listed in section 7 of this chapter. Sections 6, 8, and 9 of this chapter apply to the petition and to the legislative body of each county in the proposed district.

(e) The board of fire trustees for each district shall form a single board, which shall continue to be appointed as prescribed by section 12 of this chapter. In addition, sections 13, 14, and 15 of this chapter relating to the board of fire trustees apply to the board of the merged district, except that if the merged district lies in more than one (1) county, the county legislative bodies serving the combined district shall jointly decide where the board shall locate (or approve relocation of) its office.

(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the taxing district, bonds, annual budget, tax levies, and disbanding of fire departments apply to a merged district. However, the budget must be approved by the county fiscal body in each county in the merged district. In addition, the auditor of each county in the district shall perform the duties described in section 18(c) of this chapter.

As added by P.L.341-1987, SEC.5. Amended by P.L.63-1991, SEC.6; P.L.224-2007, SEC.129; P.L.146-2008, SEC.782; P.L.257-2019, SEC.154.
Ind. Code § 36-5-6-6.5 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-6.5
Conversion of town clerk-treasurer into town clerk and town controller; ordinance; duties of town clerk after conversion; references to town clerk-treasurer
Status: in_force

Sec. 6.5. (a) This section applies only to a town that adopts an ordinance under IC 36-5-6.5.

(b) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town clerk who serves a town that has an appointed controller under IC 36-5-6.5, to the extent that the reference is connected to the duties of the town clerk set forth in subsection (e).

(c) A reference to a town clerk-treasurer in the Indiana Code is considered to be a reference to the town controller who serves a town that has an appointed controller under IC 36-5-6.5, to the extent that the reference is connected to the duties of the town controller set forth IC 36-5-6.5-5.

(d) Not later than the effective date of an ordinance adopted under IC 36-5-6.5, the town clerk-treasurer shall turn over to the controller the records relating to the controller's powers and duties described in IC 36-5-6.5-5.

(e) The town clerk shall do the following:

(1) Serve as clerk of the town council under IC 36-5-2-2 and maintain custody of its records.

(2) Maintain all records required by law.

(3) Keep the town seal.

(4) As soon as a successor is elected and qualified, deliver to the successor all the records and property of the clerk's office.

(5) Perform other duties prescribed by law.

(6) Administer oaths when necessary in the discharge of the clerk's duties, without charging a fee.

(7) Take depositions, without charging a fee.

(8) Take acknowledgment of instruments that are required by statute to be acknowledged, without charging a fee.

(9) Serve as clerk of the town court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.

(f) A town clerk is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the requirements set forth in subsection (e), unless the act or omission constitutes gross negligence or an intentional disregard of the requirements of law.

As added by P.L.56-2022, SEC.8.
Ind. Code § 36-7-26-7 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-7
"Department" defined
Status: in_force

Sec. 7. As used in this chapter, "department" refers to the department of state revenue.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-10-16-12 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-12
"Land use and zoning plan"
Status: in_force

Sec. 12. As used in this chapter, "land use and zoning plan" means the land use and zoning plan adopted by the eligible county with the formation of the district.

As added by P.L.141-2025, SEC.1. Amended by P.L.45-2026, SEC.1.
Ind. Code § 36-7-9-1 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each consolidated city and its county. This chapter also applies to any other municipality or county that adopts an ordinance under section 3 of this chapter.

[Pre-Local Government Recodification Citation: 18-5-5.5-1 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1982, P.L.33, SEC.33.
Ind. Code § 36-9-30-34 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-34
Statutes, ordinances, or rules
Status: in_force

Sec. 34. Action taken by the department of environmental management under this chapter does not limit the powers of other governmental entities to make or enforce other statutes, ordinances, or rules for the storage, collection, removal, or disposal of solid waste, if they do not conflict with this chapter. For purposes of this section, the provisions of this chapter shall be construed as cumulative or alternative.

[Pre-Local Government Recodification Citation: 19-2-1-30.]

As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.143-1985, SEC.205.
Ind. Code § 36-9-27.4-24 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-24
Remedies
Status: in_force

Sec. 24. (a) In an action filed under section 23 of this chapter, the court:

(1) shall enter an order vacating the order of the drainage board directing the county surveyor to remove the obstruction; and

(2) may issue an injunction against the removal of the obstruction;

if the court makes a finding under subsection (b).

(b) The court is required or authorized to act under subsection (a) if the court finds that the drainage board:

(1) was clearly in error in making its findings under section 14(a) of this chapter with respect to the alleged obstruction; or

(2) exceeded its authority or discretion under the law in authorizing the removal of the obstruction.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-9-29-10 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-10
District engineer; duties; compensation
Status: in_force

Sec. 10. (a) The flood control board shall appoint a district engineer, who shall perform the duties assigned by the board.

(b) The engineer's compensation shall be fixed by the flood control board. However, when the engineering services are performed by the engineer of the city, the city engineer may receive this compensation.

[Pre-Local Government Recodification Citation: 19-4-18-6 part.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.36.
Ind. Code § 36-9-25-26 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-26
Construction of sewage works; notice of confirmation of resolution; bids; contracts
Status: in_force

Sec. 26. (a) If the board, or the court hearing an appeal, finally confirms the resolution, the board shall have published, in accordance with IC 5-3-1, a notice of the general nature of the work and of the fact that detailed plans, drawings, and specifications are on file in the office of the board.

(b) The board may advertise for and receive construction bids at any time after confirming the resolution. The board shall require each bidder to deposit with the bidder's bid a certified check or satisfactory bond by an incorporated surety company in good standing and qualified to do business in Indiana in an amount that the board determines to be at least sufficient to insure the execution of the contract for which the bid is made. Each bidder shall also file with the bidder's bid an affidavit that the bidder has not, directly or indirectly, entered into any combination, collusion, understanding, or agreement with another bidder to maintain the price of the work or contract, to prevent another bidder from bidding, or to induce a bidder to refrain from bidding on the contract or work. The affidavit must also state that the bidding is made without regard to any other bidder and without any agreement, understanding, or combination, either directly or indirectly, with any other persons concerning the bidding.

(c) If, after a contract has been let, it appears that the successful bidder is guilty of collusion, combination, understanding, or agreement, as defined in the affidavit, the successful bidder forfeits the contract and the work shall be relet by the board. The board may impose conditions upon the bidders regarding bond surety, guaranteeing the good faith and responsibility of the bidders and the faithful performance of the work according to contract, keeping the work in repair for a given length of time, or for another purpose. The board may reject any bids, but if it does reject all bids notices must be published as originally required before other bids may be received.

(d) The board may let part of the proposed work under different contracts. A contract may not be let at a bid higher than the estimate of cost of the work to be performed under the contract. However, the board may make a new estimate of the cost of the work at any time after the adoption of the resolution required by section 18 of this chapter and before the advertising for the receipt of bids for the construction of the work. If a new estimate is made, notice shall be given by publication in accordance with IC 5-3-1 naming a date when a public hearing will be held to determine the public utility of the new estimate.

(e) The contracts must expressly state that payments for all work shall be made only from the special fund derived from the proceeds of bonds authorized for this purpose. If a contract is executed for the construction of sewage works under this chapter, the validity of the contract may be questioned only in an action to enjoin the performance of the contract brought within fifteen (15) days after the date of execution. Sixteen (16) days after execution, all proceedings and orders of the board preliminary to and including the contract are valid, conclusive, and binding upon all persons and are not subject to attack.

(f) Additions or extensions to sewage works constructed under this chapter shall be built under contract entered into under this section in the same manner as the contract for the original works. The cost of additions or extensions, including additional land or rights-of-way acquired by the board, may be met by the sale of additional bonds to be issued and sold by the board and the levy of special taxes to retire the bonds as provided in this chapter.

[Pre-Local Government Recodification Citation: 19-2-14-18.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.70; P.L.127-2017, SEC.324.
Ind. Code § 36-9-43-5 — Indiana Code / Title 36 / Article 9 / Chapter 43 / Section 36-9-43-5
Scope of powers
Status: in_force

Sec. 5. The powers granted to a regional development authority under this chapter are in addition to any powers granted to the regional development authority under IC 36-7.5 or IC 36-7.6.

As added by P.L.229-2017, SEC.43.
Ind. Code § 36-8-7.5-3 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-3
Officers of local board; powers and duties; secretary's bond; reports
Status: in_force

Sec. 3. (a) The city executive is president of the local board, the police chief is its vice president, the county treasurer is its treasurer, and the local board shall elect a secretary. The secretary shall be paid out of the 1953 fund a sum for the secretary's services as fixed by the local board.

(b) The treasurer:

(1) has custody of all property, money, and securities belonging to the 1953 fund and shall collect the principal and interest on them;

(2) is liable on the treasurer's bond as a county officer for the faithful accounting of all money and securities belonging to the 1953 fund that come into the treasurer's hands;

(3) shall keep a separate account showing at all times the true condition of the 1953 fund; and

(4) shall, upon the expiration of the treasurer's term of office, account to the local board for all money and securities coming into the treasurer's hands, including the proceeds of them, and turn over to the treasurer's successor all money and securities belonging to the fund remaining in the treasurer's hands.

(c) The secretary shall:

(1) keep a true account of the proceedings of the local board when acting upon matters relating to the 1953 fund;

(2) keep a correct statement of the accounts of each member with the 1953 fund;

(3) give the local board a monthly account of the secretary's acts and services as secretary;

(4) turn over to the secretary's successor all books and papers pertaining to the secretary's office; and

(5) perform any other duties imposed upon the secretary by the local board.

(d) The secretary shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the secretary's duties.

(e) The secretary and treasurer shall make complete and accurate reports of their trusts to the local board on the first Monday in February of each year, copies of which shall be filed with the city fiscal officer. The books of the secretary and treasurer must be open at all times to examination by members of the local board.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.127-2017, SEC.254.
Ind. Code § 36-7.7-2-2 — Indiana Code / Title 36 / Article 7.7 / Chapter 2 / Section 36-7.7-2-2
"Airport authority"
Status: in_force

Sec. 2. "Airport authority" refers to an airport authority established under IC 8-22-3.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-8-10-15 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-15
Disability benefit program
Status: in_force

Sec. 15. (a) The department may establish and operate a disability benefit program for the payment of disability expense reimbursement and pensions to employee beneficiaries with a disability. The department may provide these benefits by the creation of a reserve account, by obtaining disability insurance coverage, or both. However, the department may not establish or modify a disability benefit program after June 30, 1989, without the approval of the county fiscal body which shall not reduce or diminish any disability benefits set forth in any disability program that was in effect on January 1, 1989.

(b) Benefits payable as a result of line of duty activities, including a disability presumed incurred in the line of duty under IC 5-10-13, must be in reasonable amounts. Monthly benefits payable as a result of other activities may not exceed the amount of pension to which that employee beneficiary employed until normal retirement age would have been entitled.

[Pre-Local Government Recodification Citation: 17-3-14-13.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.313-1989, SEC.6; P.L.185-2002, SEC.13; P.L.99-2007, SEC.221; P.L.1-2010, SEC.151.
Ind. Code § 36-1-9.5-35 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-35
Grant of qualification $200,000 or less on statement certified by company officer
Status: in_force

Sec. 35. A qualification for not greater than two hundred thousand dollars ($200,000) may be granted if the statement furnished is certified as correct by an officer of the company.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-13-4.5 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-4.5
Payment of township provided fire protection or emergency services; sources of funds; sufficiency of levy; donations
Status: in_force

Sec. 4.5. (a) This section applies to a township that provides fire protection or emergency services or both to a municipality in the township under section 3(b) or 3(c) of this chapter.

(b) Except as provided in subsection (c), with the consent of the township legislative body, the township executive may pay the expenses for fire protection and emergency services in the township, both inside and outside the corporate boundaries of participating municipalities, from any combination of the following township funds, regardless of when the funds were established:

(1) The township firefighting and emergency services fund under section 4(a)(1) of this chapter.

(2) The cumulative building and equipment fund under IC 36-8-14.

(3) The debt fund under sections 6 and 6.5 of this chapter.

(4) The rainy day fund established under IC 36-1-8-5.1.

(c) If a township establishes a township firefighting fund and a township emergency services fund described in section 4(a)(2) of this chapter, and with the consent of the township legislative body, the township executive may pay the expenses for fire protection from the township firefighting fund and emergency services from the township emergency services fund, both inside and outside the corporate boundaries of participating municipalities.

(d) Subject to the levy limitations contained in IC 6-1.1-18.5, the tax rate and levy for the township firefighting and emergency services fund or the combined levies for the township firefighting fund and the township emergency services fund (as applicable), the cumulative building and equipment fund, or the debt fund is to be in an amount sufficient to pay all costs attributable to fire protection or emergency services that are provided to the township and the participating municipalities that are not paid from other available revenues. The tax rate and levy for each fund shall be established in accordance with the procedures set forth in IC 6-1.1-17 and apply both inside and outside the corporate boundaries of participating municipalities.

(e) The township executive may accept donations for the purpose of firefighting and emergency services. The township executive shall place donations in the township firefighting and emergency services fund established under section 4(a)(1) of this chapter, or if applicable, the township firefighting fund established under section 4(a)(2)(A) of this chapter if the purpose of the donation is for firefighting, or the township emergency services fund established under section 4(a)(2)(B) of this chapter if the purpose of the donation is for emergency services. A person may donate partial payment of a purchase of firefighting or emergency services equipment made by the township.

As added by P.L.269-1993, SEC.3. Amended by P.L.1-1994, SEC.181; P.L.1-1994, SEC.182; P.L.37-1994, SEC.2; P.L.54-1996, SEC.4; P.L.255-2017, SEC.39; P.L.236-2023, SEC.204.
Ind. Code § 36-1-11-17 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-17
Terms of reconveyance or return
Status: in_force

Sec. 17. If property disposed of under this chapter is to be reconveyed or automatically returned to the political subdivision or an agency of a political subdivision that disposed of the property, the terms of the reconveyance or return shall be as agreed to before the disposal. If the terms of the reconveyance are not set forth before the disposal, the political subdivision shall obtain at least two (2) appraisals and pay not more than the average of the two (2) appraisals.

As added by P.L.82-1995, SEC.11.
Ind. Code § 36-8-6-16 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-16
Eligibility of persons employed when fund established
Status: in_force

Sec. 16. (a) Notwithstanding section 15 of this chapter, all employees of the police department at the time a municipality established a 1925 fund, regardless of their age at the time they became members of the department, became members of the 1925 fund and are entitled to all the benefits of it. They shall pay the assessments prescribed by and are subject to this chapter.

(b) A member of the police department who:

(1) was in active service on March 9, 1935;

(2) was a member of the 1925 fund;

(3) passed the physical examination required by the local board;

(4) had previous service in the police department; and

(5) was thirty-six (36) years of age or older at the time of the member's reinstatement or reappointment;

is entitled to all of the benefits of the 1925 fund, with all of the years of active service with the police department counted in determining the member's eligibility for retirement.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-24-4 part; subsection (b) formerly 19-1-15-2.]

As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.127-2017, SEC.247.
Ind. Code § 36-9-23-0.1 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 28 of this chapter (and to IC 32-9-1-2.5, before its repeal) by P.L.236-1993 apply to deposits held by a municipal sewage works under section 28 of this chapter, as amended by this act, after June 30, 1993.

As added by P.L.220-2011, SEC.683.
Ind. Code § 36-2-10-9 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-9
Receipt and disbursement of money
Status: in_force

Sec. 9. The treasurer shall receive money to which the county is entitled and shall disburse it on warrants issued and attested by the county auditor.

[Pre-Local Government Recodification Citation: 17-3-32-2.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-9-29.1-2 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the board of public works of the consolidated city, subject to IC 36-3-4-23.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-9-27-53 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-53
Reconstruction proceedings; combination of drains; procedure
Status: in_force

Sec. 53. (a) Whenever:

(1) the board has initiated, or is considering initiating, a proceeding to reconstruct a regulated drain under this chapter;

(2) one (1) or more other regulated drains in the same watershed are in need of reconstruction;

(3) the board finds that no substantial injustice would result from treating the drains as a single drain; and

(4) the board has given notice and a hearing to the owners of affected land;

the board may issue an order combining the drains.

(b) The notice shall be published:

(1) at least once; and

(2) not less than ten (10) nor more than thirty (30) days before the date of the hearing;

in a newspaper of general circulation in the area affected. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.

(c) After an order is issued under this section, this chapter applies to the combined drains as if they were a single drain.

[Pre-Local Government Recodification Citation: 19-4-3-7.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-15.3-18 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-18
Option to purchase leased property; bonds
Status: in_force

Sec. 18. If the commission exercises its option to purchase leased property, it may issue its bonds as authorized by statute.

As added by P.L.84-1987, SEC.14.
Ind. Code § 36-8-6-19 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-19
Items excluded when computing benefits; liability for overpayment
Status: in_force

Sec. 19. (a) Remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off may not be used in the computation of benefits under this chapter.

(b) If the remuneration or allowances described in subsection (a) were used to compute benefits for a recipient who began receiving benefits before May 2, 1977, this computation may continue only for that recipient and only during the eligibility period for benefits. The municipality and the official involved are not liable for making the overpayment, and a recipient is not required to repay the overpayment.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-46-1 part; subsection (b) formerly 19-1-46-2 part.]

As added by Acts 1981, P.L.309, SEC.55.
Ind. Code § 36-7-14.5-1 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each unit having a commission.

As added by P.L.380-1987(ss), SEC.18.
Ind. Code § 36-9-4-14 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-14
Public transportation corporation; management by board of directors
Status: in_force

Sec. 14. (a) A public transportation corporation is under the control of a board of directors, which shall exercise the executive and legislative powers of the corporation.

(b) Directors must be residents of the taxing district of the corporation.

[Pre-Local Government Recodification Citation: 19-5-2-11 part.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-7-40-11 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-11
Annual report to city fiscal body
Status: in_force

Sec. 11. The board shall submit an annual report to the city fiscal body not later than June 30 of each year. The report must summarize the board's activities and expenditures during the preceding calendar year.

As added by P.L.201-2023, SEC.279.
Ind. Code § 36-7-4-1111 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1111
Computation of time
Status: in_force

Sec. 1111. In computing any period of time under this chapter, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is:

(1) a Saturday;

(2) a Sunday;

(3) a legal holiday under an Indiana statute; or

(4) a day that the office in which the act is to be done is closed during regular business hours.

A period runs until the end of the next day after a day described in subdivisions (1) through (4). If the period allowed is less than seven (7) days, intermediate Saturdays, Sundays, legal holidays, and days on which the office in which the act is to be done is closed during regular business hours are excluded from the calculation.

As added by P.L.126-2011, SEC.42.
Ind. Code § 36-1-12.7-3 — Indiana Code / Title 36 / Article 1 / Chapter 12.7 / Section 36-1-12.7-3
Board to consider energy efficient technologies
Status: in_force

Sec. 3. The board shall examine and consider energy efficient technologies for a public works project using a life cycle analysis.

As added by P.L.159-2003, SEC.3.
Ind. Code § 36-7-13-21 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-21
Written agreements for joint economic development projects
Status: in_force

Sec. 21. (a) Two (2) or more:

(1) advisory commissions; or

(2) legislative bodies;

or any combination of advisory commissions and legislative bodies may enter into a written agreement under this section to jointly undertake economic development projects.

(b) A party to an agreement under this section may do one (1) or more of the following:

(1) Except as provided in subsection (c), grant one (1) or more of its powers to another party to the agreement.

(2) Exercise any power granted to it by a party to the agreement.

(3) Pledge any of its revenues to the bonds or lease rental obligations of another party to the agreement under IC 5-1-14-4.

(c) A party to an agreement under this section may not grant another party to the agreement the power to tax or to establish a district under this chapter.

(d) An action to challenge the validity of an agreement under this section must be brought not more than thirty (30) days after the agreement has been approved by all the parties to the agreement. After that period has passed, the agreement is not contestable for any cause.

As added by P.L.203-2005, SEC.9.
Ind. Code § 36-7-4-1020 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1020
Ordinances; presumption of validity; official notice
Status: in_force

Sec. 1020. (a) All ordinances adopted under this chapter are presumed to have been validly adopted.

(b) A plan commission or a board of zoning appeals shall take official notice of all ordinances adopted under this chapter.

[Pre-Local Government Recodification Citation: 18-7-2-85 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.61; P.L.220-1986, SEC.28; P.L.126-2011, SEC.38.
Ind. Code § 36-7-11-3 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-3
Legislative intent; conflicts between zoning districts and historic districts
Status: in_force

Sec. 3. The historic district regulation provided in this chapter is intended to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares, and neighborhoods of the historic districts. Zoning districts lying within the boundaries of the historic district are subject to the regulations for both the zoning district and the historic district. If there is conflict between the requirements of the zoning district and the requirements of the historic district, the more restrictive requirements apply.

[Pre-Local Government Recodification Citation: 18-7-22-2 part.]

As added by Acts 1981, P.L.309, SEC.30.
Ind. Code § 36-8-11-10 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-10
Limitation on filing new petition after dismissal
Status: in_force

Sec. 10. If the petition is dismissed because the county legislative body finds the evidence does not support it, a new petition to establish a district under this chapter in essentially the same area may not be addressed to the legislative body for a period of two (2) years after the date of the order dismissing the original petition.

[Pre-Local Government Recodification Citation: 19-1-45-13.]

As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-7-2.5-27 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-27
Prior acts coverage required
Status: in_force

Sec. 27. A private provider's insurance must be a practice policy containing prior acts coverage for the private provider.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-6-1.7-21 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-21
Interim new township government offices
Status: in_force

Sec. 21. After the effective date of a merger under this chapter and not later than December 31, 2030, the new township government shall consist of the following:

(1) The township trustee of the recipient township shall serve as the executive of the new township government. If the merger consists of more than one (1) recipient township:

(A) the township trustee of the recipient township with the least number of points; or

(B) the township trustee of the recipient township designated by the county executive body, if all recipient townships participating in the merger have the same number of points;

shall serve as the executive of the new township government.

(2) The township legislative body of the recipient township and one (1) board member of each of the other townships participating in the merger (selected by majority vote of the members of the designated township's legislative body) shall serve as the legislative body of the new township government. If the merger consists of more than one (1) recipient township:

(A) the township board of the recipient township with the least number of points; or

(B) the township board of the recipient township designated by the county executive body, if all recipient townships participating in the merger have the same number of points;

shall serve as the legislative body of the new township government.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-9-27-84 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-84
Contracts; apportionment of costs to lands benefited
Status: in_force

Sec. 84. (a) After letting a contract for the construction, reconstruction, or maintenance of a drain, the board shall determine the full cost of the construction, reconstruction, or maintenance, including the contract price, incidental expenses, damages, interest on any bonds issued under section 94 of this chapter, and attorney's fees, if any. The board shall then apportion this cost to the tracts of land assessed in proportion to the benefit percentage previously assigned to each tract. If the contract is for work on an urban drain, the board shall also designate each tract that is assessed as rural land or urban land.

(b) When determining and apportioning the full cost of construction or reconstruction under this section, the board may include for contingencies a reasonable sum not in excess of ten percent (10%) of the full cost.

(c) An improved or unimproved lot or tract of land that is benefited by the construction, reconstruction, or maintenance of a regulated drain shall be assessed each year for that construction, reconstruction, or maintenance in an amount fixed by the board.

[Pre-Local Government Recodification Citations: 19-4-6-11; 19-4-7-9; 19-4-7-21 part; 19-4-10-5 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.29; P.L.206-1984, SEC.8.
Ind. Code § 36-9-2-17 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-17
Disposal of waste substances and domestic or sanitary sewage; systems
Status: in_force

Sec. 17. A unit may collect, process, and dispose of waste substances and domestic or sanitary sewage, and may establish, maintain, and operate sewers, sewage disposal systems, and systems to collect and dispose of waste substances.

[Pre-Local Government Recodification Citations: 18-1-1.5-7(j); 18-1-1.5-7(k); 18-1-1.5-14(b); 18-1-1.5-14(k); 18-3-1-50 part; 18-4-2-16 part; 18-4-2-17 part; 18-5-10-4 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-7-30.3-11 — Indiana Code / Title 36 / Article 7 / Chapter 30.3 / Section 36-7-30.3-11
Property located within a district and another zoning district
Status: in_force

Sec. 11. Property located within a district and another zoning district is subject to the regulations for both districts. If there is a conflict between the requirements of the districts, the more restrictive requirements apply.

As added by P.L.43-2023, SEC.5.
Ind. Code § 36-7.5-4.5-23 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-23
Funding of development projects within a transit development district; uses
Status: in_force

Sec. 23. (a) The development authority or redevelopment commission may undertake or provide funding for a development project that will be located within a district.

(b) The development authority or redevelopment commission may use money in its south shore improvement and development fund to provide funding and pay costs for a development project, including in the form of financing for a development project. If financing is used for a development project the obligation must be satisfied before the expiration of this chapter. Costs may be incurred for one (1) or more of the following:

(1) Planning and development of the improvement and all buildings, facilities, structures, and improvements related to the improvement.

(2) Acquisition of a site and clearing and preparing the site for construction.

(3) Equipment, facilities, structures, and improvements that are necessary or desirable to make the capital improvement suitable for use and operations.

(4) Architectural, engineering, consultant, and attorney's fees.

(5) Incidental expenses in connection with the issuance and sale of bonds.

(6) Reserves for principal and interest.

(7) Interest during construction.

(8) Financial advisory fees.

(9) Insurance during construction.

(10) Bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement.

(11) In the case of refunding or refinancing, payment of the principal of, redemption premiums (if any) for, and interest on the bonds being refunded or refinanced.

(c) To use money in its south shore improvement and development fund for a development project, the development authority or redevelopment commission must adopt a resolution under IC 36-7.5-3 setting forth the development authority's or redevelopment commission's approval of the development project.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-10-11-18 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-18
Lease; actions to contest validity or enjoin performance; limitation
Status: in_force

Sec. 18. An action to contest the validity of the lease or to enjoin the performance of the lease may not be brought later than thirty (30) days after publication of notice of the execution of the lease or thirty (30) days after the decision of the department of local government finance, whichever is later.

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.90-2002, SEC.527.
Ind. Code § 36-10-7.5-17 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-17
Special benefit taxes; provision of operating revenues
Status: in_force

Sec. 17. (a) The territory within the boundaries of the township comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes as provided in this chapter.

(b) The fiscal body of the township shall determine and provide the revenues necessary for the operation of the department or for capital expenditures not covered by the issuance of bonds by:

(1) a specific levy to be used exclusively for these purposes;

(2) a special appropriation; or

(3) both.

As added by P.L.157-1991, SEC.15.
Ind. Code § 36-7-38-3 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-3
Bylaws
Status: in_force

Sec. 3. The bylaws of the land bank must require the board of the land bank to:

(1) approve any purchase, transfer, or lease of real property held by the land bank in an open meeting of the board; and

(2) consider any pertinent information before approving the purchase, transfer, or lease including:

(A) the assessed value of the real property;

(B) any factors that may affect the current value of the real property; and

(C) the financial ability of the person to fulfill the conditions of the purchase, transfer, or lease.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-9-38-22 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-22
Appointment of appraisers; assessment of benefits and costs; filing of roll
Status: in_force

Sec. 22. (a) The appraisers shall make an assessment of the following:

(1) The special benefits and damages, if any, that will accrue to each parcel of real property from the construction of the proposed improvement.

(2) The benefits, if any, that will accrue to the municipality generally from the construction of the proposed improvement.

(b) The appraisers shall file with the municipal works board a copy of the roll of all owners of real property and of the municipality generally. The copy must:

(1) be signed by all three (3) appraisers;

(2) show the assessment of benefits and damages; and

(3) be filed by the appraisers with the works board not later than thirty (30) days after appointment of the appraisers, unless the board extends the time.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-9-4-19 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-19
Impeachment of directors
Status: in_force

Sec. 19. A director of a public transportation corporation may be impeached under IC 5-8-1.

[Pre-Local Government Recodification Citation: 19-5-2-12 part.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-9-27-41 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-41
Periodic maintenance of drains; combination of drains for assessment purposes; procedure
Status: in_force

Sec. 41. (a) If recommended by the county surveyor, the board may, after notice and hearing to affected owners, combine regulated drains located in the same watershed for the purpose of annually assessing the owners benefited for periodic maintenance.

(b) The notice shall be published in accordance with IC 5-3-1. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.

(c) In combining drains, the board shall consider:

(1) whether the drains are tiled or open; and

(2) the uniformity of topography and soil types;

so that the drains that are combined represent substantially the same maintenance problem and can be kept in proper repair at a cost sufficiently uniform as to constitute no substantial inequity for any owner included in the combination of drains.

(d) The board may, from time to time, add regulated drains to a combination of drains established under this section.

[Pre-Local Government Recodification Citation: 19-4-4-6.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.77.
Ind. Code § 36-9-4-44 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-44
Issuance of bonds by corporation; procedure
Status: in_force

Sec. 44. (a) If the board of directors of a public transportation corporation decides to issue bonds to obtain all or part of the money to be expended for the establishment and maintenance of an urban mass transportation system under this chapter, the board shall adopt an ordinance directing the issuance of the bonds. The board shall certify a copy of the ordinance to the controller of the corporation, who shall then prepare the bonds.

(b) The bonds must be executed by the chair of the board and attested by the controller of the corporation.

(c) The controller is responsible for the sale of the bonds.

(d) Except as otherwise provided in this section, the bonds shall be issued in the same manner as bonds for the general purposes of the municipality served by the public transportation corporation. However, the bonds may be sold to the federal government at private sale and without a public offering.

(e) In addition to the general power to issue bonds for the establishment and maintenance of a system, the board may issue bonds specifically:

(1) for the payment of any judgment against the corporation; and

(2) to establish or maintain a program of self-insurance or mutual insurance.

[Pre-Local Government Recodification Citation: 19-5-2-26.]

As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1981, P.L.317, SEC.6; P.L.353-1987, SEC.2; P.L.127-2017, SEC.283.
Ind. Code § 36-7-22-15 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-15
Assessments; payment to board
Status: in_force

Sec. 15. Assessments collected under this chapter shall be paid to the board.

As added by P.L.195-1988, SEC.1.
Ind. Code § 36-8-2-4 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-4
Regulation of dangerous conduct or property
Status: in_force

Sec. 4. A unit may regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare.

[Pre-Local Government Recodification Citations: 18-1-1.5-6(c); 18-1-1.5-6(d); 18-1-1.5-6(e); 18-1-1.5-7(f); 18-1-1.5-7(h); 18-3-1-37 part; 18-3-1-39 part; 18-3-1-40 part; 18-3-1-44 part; 18-4-2-26 part; 18-5-10-7 part.]

As added by Acts 1980, P.L.211, SEC.3.
Ind. Code § 36-4-2-5 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-5
Petition proposing name of municipality; submission to electorate
Status: in_force

Sec. 5. (a) If, at least thirty (30) days before an election held under section 3 of this chapter, voters of each municipality involved in the election file with each of their municipal clerks a petition signed by at least the number of voters required under IC 3-8-6-3 to place a candidate on the ballot in each of the municipalities and proposing a name for the new municipality, the election board shall place that name on the ballot for the election. The election board shall list names added to the ballot under this subsection in the order in which the petitions proposing them were received, but shall place them after the name included on the ballot under section 2 of this chapter.

(b) The names proposed under this section shall be submitted as public questions in the form prescribed by IC 3-10-9-4 and must state "Shall the merged municipality be named _________________?".

[Pre-Local Government Recodification Citations: 18-5-10-11 part; 18-5-10-13.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.5; P.L.3-1987, SEC.555; P.L.12-1995, SEC.128.
Ind. Code § 36-7-12-21 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-21
Negotiation of financing terms; adverse competitive effect studies; preliminary expenses
Status: in_force

Sec. 21. (a) An economic development commission may enter into negotiations with one (1) or more persons concerning the terms and conditions for financing of economic development or pollution control facilities.

(b) The commission shall consider whether a proposed economic development facility may have an adverse competitive effect on similar facilities already constructed or operating in the unit. In the case of economic development facilities that are identified at the time of issuance of the bonds, the adverse competitive effect question must be considered before issuance of the bonds. In the case of a program financing under section 18.5 of this chapter, the adverse competitive effect question need not be considered before the issuance of the bonds except for those economic development facilities that are identified at the time of issuance of the bonds, but it must be considered before financing any proposed economic development facilities from program funds.

(c) Preliminary expenses in connection with negotiations under this section may be paid from:

(1) money furnished by the proposed user or developer;

(2) money made available by the state or federal government, or by any of their departments or agencies; or

(3) money of the commission.

[Pre-Local Government Recodification Citation: 18-6-4.5-14.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.49.
Ind. Code § 36-7-15.1-1.3 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-1.3
Effect of change of reference from "blighted, deteriorated, or deteriorating area" to "area needing redevelopment"
Status: in_force

Sec. 1.3. (a) After June 30, 2005, a reference in any statute, rule, ordinance, resolution, contract, or other document or record to a blighted, deteriorated, or deteriorating area established under this chapter shall be treated as a reference to an area needing redevelopment (as defined in IC 36-7-1-3).

(b) After June 30, 2005, a reference in any statute, rule, ordinance, resolution, contract, or other document or record to a redevelopment area established under this chapter shall be treated as a reference to a redevelopment project area established under IC 36-7-14 or this chapter.

As added by P.L.20-2010, SEC.10.
Ind. Code § 36-7-11.5-2 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-2
Application; interlocal agreement
Status: in_force

Sec. 2. (a) This chapter applies to a town that satisfies either of the following criteria:

(1) The town contains a qualified historic hotel.

(2) The town contains a historic hotel and is adjacent to another town containing a qualified historic hotel.

(b) The towns described in subsection (a) may enter into an interlocal agreement under IC 36-1-7 to establish a historic hotel district under this chapter. The historic hotel district:

(1) may not include any area outside the county of the towns that enter into the interlocal agreement; and

(2) consists solely of the real property that is:

(A) owned by the historic hotels; and

(B) part of the tract of land (as defined in IC 6-1.1-1-22.5) that includes the parcel or parcels of land upon which the historic hotel building is located.

As added by P.L.92-2003, SEC.62.
Ind. Code § 36-9-32-3 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-3
Definitions
Status: in_force

Sec. 3. As used in this chapter:

"Public improvements" means:

(1) any improvement, as defined in this article;

(2) any improvement, including the construction, equipping, remodeling, extension, repair, and betterment of any municipally owned utility, as defined in IC 8-1-2-1; or

(3) any acquisition or improvement of real estate upon which such an improvement is to be located or that will itself constitute a public improvement.

"System" means any sewage works or municipally owned utility, as defined in IC 8-1-2-1.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-9-25-11.5 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-11.5
Discontinuance of water service; disputed bills; notice; liability of utility
Status: in_force

Sec. 11.5. (a) As an alternative to the penalties provided in section 11 of this chapter, the board may require that the water utility providing water service to a delinquent user discontinue service until payment of all overdue user fees, together with any penalties provided in this section, are received by the municipality.

(b) If a fee established is not paid within the time fixed by the board, the board or its designee shall send notice to the delinquent user stating:

(1) the delinquent amount due, together with any penalty;

(2) that water service may be disconnected if the user continues not to pay the delinquency and any penalty; and

(3) the procedure for resolving disputed bills.

The municipality shall provide by ordinance a procedure for resolving disputed bills that includes an opportunity for a delinquent user to meet informally with designated personnel empowered to correct incorrect charges. Payment of a disputed bill and penalties by a user does not constitute a waiver of rights to subsequently claim and recover from the municipality sums improperly charged to the user.

(c) If the user fails to pay the delinquent amount or otherwise resolve the charges as specified in subsection (a), the board or its designee shall give written notice to the water utility serving the user to discontinue water service to the premises designated in the notice until notified otherwise. The notice must identify the delinquent sewer user in enough detail to enable the water utility to identify the water service connection that is to be terminated. Upon receipt of the notice, the water utility shall disconnect water service to the user.

(d) Water service may not be shut off under this section if a local board of health has found and certified to the municipality that the termination of water service will endanger the health of the user and others in the municipality.

(e) The water utility that discontinues water service in accordance with an order from the board or its designee does not incur any liability except to the extent of its own negligence or improper conduct.

(f) If the water utility does not discontinue service within the time fixed by the board after receiving notice from the municipality, the utility is liable for any user fees incurred after receipt of notice to discontinue water service and that are not collected from the user.

As added by P.L.349-1985, SEC.2. Amended by P.L.55-1988, SEC.14; P.L.64-1989, SEC.4; P.L.93-1993, SEC.9; P.L.98-1993, SEC.6; P.L.257-2019, SEC.165.
Ind. Code § 36-7-4-1210 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1210
Township joinder; membership of township on advisory plan commission
Status: in_force

Sec. 1210. (a) ADVISORY. To implement the joinder agreement, the township executive, with the approval of the township legislative body, shall appoint additional members to the advisory plan commission. The number of additional appointments must be such that, when added to the membership of the plan commission before joinder, the total membership of the plan commission reflects the proportion that the population of the township bears to that of the municipality or county, as the case may be. However, this proportional representation must not cause a reduction in the number of members representing that municipality or county.

(b) ADVISORY. Each additional member shall serve for a term of two (2) years from the date of the appointment. Members may be reappointed to subsequent terms. The members have all the rights and privileges of a member of the advisory plan commission, including the right to vote.

[Pre-Local Government Recodification Citations: 18-7-4-1210; 18-7-6-11.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-9-22.5-4 — Indiana Code / Title 36 / Article 9 / Chapter 22.5 / Section 36-9-22.5-4
"Water utility"
Status: in_force

Sec. 4. As used in this chapter, "water utility" means:

(1) a public utility (as defined in IC 8-1-2-1(a));

(2) a municipally owned utility (as defined in IC 8-1-2-1(h));

(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));

(4) a cooperatively owned corporation;

(5) a conservancy district established under IC 14-33; or

(6) a regional water district established under IC 13-26;

that provides water service to the public.

As added by P.L.150-2019, SEC.2.
Ind. Code § 36-7-12-22 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-22
Applicability of zoning laws; consent necessary for financing of facilities
Status: in_force

Sec. 22. (a) Economic development or pollution control facilities are subject to applicable zoning laws. If a fiscal body of a unit establishes a department of development, the unit and its economic development commission have jurisdiction under this chapter throughout the county, both inside and outside the corporate boundaries of any municipality.

(b) Notwithstanding subsection (a), economic development facilities that are to be located within the corporate boundaries of a municipality may not be financed by a county without the consent of the fiscal body of the municipality, and economic development facilities that are to be located outside the corporate boundaries of a municipality may not be financed by the municipality without the consent of the fiscal body of the unit in which facilities are to be located.

(c) Notwithstanding subsection (a), pollution control facilities that are to be located within the corporate boundaries of a municipality may not be financed by another unit unless:

(1) the user has applied to the economic development commission and fiscal body of the municipality for the financing of the facilities, and the municipality has failed to adopt a bond, note, or warrant ordinance for the facilities within sixty (60) days after the date of the application; or

(2) the fiscal body of the municipality has consented to the financing of the facilities by another unit.

[Pre-Local Government Recodification Citations: 18-6-4.5-4 part; 18-6-4.5-15.]

As added by Acts 1981, P.L.309, SEC.31.
Ind. Code § 36-2-9.5-15 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-15
Fixing and reviewing budgets, tax rates, and tax levies
Status: in_force

Sec. 15. The county auditor does not have powers and duties concerning the fixing and reviewing of budgets, tax rates, and tax levies.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-9-3-2 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-2
Establishment of authority; name
Status: in_force

Sec. 2. (a) A fiscal body of a county or municipality may, by ordinance, establish a regional transportation authority (referred to as "the authority" in this chapter) for the purpose of acquiring, improving, operating, maintaining, financing, and generally supporting a public transportation system that operates within the boundaries of an area designated as a transportation planning district by the Indiana department of transportation. However, only one (1) public transportation authority may be established within an area designated as a transportation planning district by the Indiana department of transportation.

(b) The ordinance establishing the authority must include an effective date and a name for the authority. Except as provided in subsection (c), the words "regional transportation authority" must be included in the name of the authority.

(c) The words "regional bus authority" must be included in the name of an authority that includes Lake County.

[Pre-Local Government Recodification Citation: 19-5-2.5-3 part.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.12-1983, SEC.23; P.L.18-1990, SEC.295; P.L.235-1997, SEC.3; P.L.214-2005, SEC.74; P.L.182-2009(ss), SEC.445; P.L.119-2012, SEC.224; P.L.121-2016, SEC.35; P.L.104-2022, SEC.203.
Ind. Code § 36-9-22-1 — Indiana Code / Title 36 / Article 9 / Chapter 22 / Section 36-9-22-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

[Pre-Local Government Recodification Citation: 19-2-7-16 part.]

As added by Acts 1981, P.L.309, SEC.95.
Ind. Code § 36-8-1-4 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-4
"1953 fund"
Status: in_force

Sec. 4. "1953 fund" refers to the police pension fund established under IC 36-8-7.5.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.43. Amended by Acts 1982, P.L.77, SEC.10.
Ind. Code § 36-2-11-12 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-12
Grantor and grantee index; separate indexes for deeds and mortgages; requisites
Status: in_force

Sec. 12. (a) The recorder shall index each volume of instruments the recorder records by:

(1) the name of each grantor, promisor, or covenantor, in alphabetical order and cross-referenced to the proper grantee, promisee, or covenantee; and

(2) the name of each grantee, promisee, or covenantee, in alphabetical order and cross-referenced to the proper grantor, promisor, or covenantor.

(b) The recorder shall accurately maintain separate indexes of all the records of:

(1) deeds for real estate; and

(2) mortgages on real estate;

in the recorder's office. The recorder shall index each deed or mortgage alphabetically, by the name of each grantor and grantee or mortgagor and mortgagee, and shall include in each index entry a concise description of the real property, the date of the deed or mortgage, and the number or letter of the book and the page at which each deed or mortgage is recorded.

[Pre-Local Government Recodification Citations: 17-3-39-3 part; 17-3-53-1; 17-3-53-2; 17-3-53-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.16-2001, SEC.1.
Ind. Code § 36-9-27-29 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-29
County surveyors; powers and duties
Status: in_force

Sec. 29. The county surveyor is the technical authority on the construction, reconstruction, and maintenance of all regulated drains or proposed regulated drains in the county, and the county surveyor shall:

(1) investigate, evaluate, and survey all regulated drains or proposed regulated drains, and prepare all reports, plans, profiles, and specifications necessary or incident to any proposed construction, reconstruction, or maintenance of regulated drains;

(2) prepare and make public standards of design, construction, and maintenance that will apply to all regulated drains and their appurtenances, taking into consideration in preparing these standards the published recommendations made by Purdue University, the American Society of Agricultural Engineers, the American Society of Civil Engineers, the United States Department of Agriculture, the department of natural resources, the United States Army Corps of Engineers, and other reliable sources of information;

(3) supervise all construction, reconstruction, and maintenance work performed under this chapter;

(4) catalog and maintain a record of all surveying notes, plans, profiles, and specifications of all regulated drains in the county, and of all mutual and private drains when available; and

(5) perform the functions set forth in sections 67 through 69 of this chapter concerning all urban drains under the county surveyor's jurisdiction.

In preparing plans under subdivision (1), the county surveyor shall, when feasible, include the seeding of the banks of all open drains. The surveyor shall, when feasible, use United States Geological Survey data on plans and profiles prepared under subdivision (1).

[Pre-Local Government Recodification Citation: 19-4-1-9.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.5; P.L.127-2017, SEC.333.
Ind. Code § 36-8-11-12.5 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-12.5
Authorization for certain counties to establish a nine member governing board for a fire protection district; powers and duties; term of appointments
Status: in_force

Sec. 12.5. (a) This section applies only to a county for which a fire protection district includes all of the incorporated and unincorporated area of the county.

(b) The county legislative body may adopt an ordinance to establish a nine (9) member governing board for the fire protection district. The ordinance must provide that the governing board consists of the following:

(1) Eight (8) governing board members appointed by the county legislative body who meet the following requirements:

(A) Each governing board member must be an active member of the board of fire trustees at the time of appointment to the governing board. Upon appointment to the governing board, the individual ceases to be a member of the board of fire trustees.

(B) Two (2) governing board members must reside in each of the following four (4) geographic areas of the county that contain as nearly as possible, equal area in square miles:

(i) Northwest.

(ii) Northeast.

(iii) Southwest.

(iv) Southeast.

(2) One (1) governing board member who is a member of the county executive and serves on the board by virtue of their office. Notwithstanding section 14(c) of this chapter, the member may not receive any compensation for serving on the governing board but may be compensated for expenses.

(c) Beginning on the date specified in the ordinance establishing the governing board, the following occurs:

(1) Only the governing board shall have the powers and duties of a board of fire trustees that are set forth in section 15 of this chapter or in any other statute. Unless expressly provided otherwise, any reference in this chapter or other statute to a board of fire trustees or a member of the board of fire trustees is a reference to the governing board or a member of the governing board.

(2) The board of fire trustees:

(A) continues in existence solely as an advisory body to the governing board; and

(B) does not have any of the powers and duties of a board of fire trustees that are set forth in section 15 of this chapter or in any other statute.

Sections 12, 13, and 14 of this chapter continue to apply to the administration of the board of fire trustees.

(d) Except as provided in subsection (e), the term of a member appointed to the governing board is four (4) years. The terms expire on the first Monday of January of the year their appointments expire.

(e) The county legislative body may provide, in the ordinance establishing the governing board, for the staggering of the terms of the original governing board members appointed under subsection (b)(1).

(f) If a vacancy occurs on the governing board, the county legislative body shall appoint a member with the qualifications set forth in this section for the unexpired term.

As added by P.L.236-2023, SEC.198.
Ind. Code § 36-3-4-3.5 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-3.5
Territories not included in any district or more than one district
Status: in_force

Sec. 3.5. (a) If any territory in any county is not included in one (1) of the districts established under section 3 of this chapter, the territory is included in the district that:

(1) is contiguous to that territory; and

(2) contains the least population of all districts contiguous to that territory.

(b) If any territory in any county is included in more than one (1) of the districts established under section 3 of this chapter, the territory is included in the district that:

(1) is one (1) of the districts in which the territory is described in the ordinance adopted under section 3 of this chapter;

(2) is contiguous to that territory; and

(3) contains the least population of all districts contiguous to that territory.

As added by P.L.3-1993, SEC.260.
Ind. Code § 36-2-3.5-7.5 — Indiana Code / Title 36 / Article 2 / Chapter 3.5 / Section 36-2-3.5-7.5
Transfer of jurisdiction of purchasing in St. Joseph County back to county executive
Status: in_force

Sec. 7.5. (a) This section applies to St. Joseph County.

(b) The county executive shall have jurisdiction over the county purchasing agency, which was previously under the jurisdiction of the legislative body of the county.

As added by P.L.24-2023, SEC.4.
Ind. Code § 36-8-1-9 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-9
"Member of the police department"
Status: in_force

Sec. 9. (a) Except as provided in subsection (b), "member of the police department" means the police chief or a police officer appointed to the department.

(b) "Member of the police department", for purposes of IC 36-8-4-7, does not include the police chief hired under a waiver under IC 36-8-4-6.5(c).

[Pre-Local Government Recodification Citations: 19-1-3-1 part; 19-1-17.8-1 part.]

As added by Acts 1981, P.L.309, SEC.48. Amended by P.L.148-1992, SEC.1.
Ind. Code § 36-10-3-23 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-23
Acquisition of real property; resolution; improvements; notice; option or contract; appraisal; hearing
Status: in_force

Sec. 23. (a) This section applies only to:

(1) the acquisition of real property; or

(2) a work of improvement;

that will be financed by the issuance of bonds.

(b) If the board decides to:

(1) acquire land for any of the purposes prescribed in this chapter, either by purchase or by appropriation, and in conjunction with the acquisition to proceed with a work of improvement authorized by this chapter;

(2) acquire real property without proceeding at the time with a work of improvement; or

(3) proceed with a work of improvement where the real property has been already secured;

it shall adopt a resolution stating the purpose, describing the land to be acquired, the manner of acquisition, and, in the case of an appropriation, the other land that may be injuriously affected, or describing the lands already acquired and intended to be used in connection with the proposed work of improvement.

(c) If a work of improvement is provided for in the resolution, the board shall have preliminary plans and specifications and an estimate of the cost of the proposed work prepared by the engineer selected to do the work. The resolution must be open to inspection by all persons interested in or affected by the appropriation of land or the construction of the work. The board shall have notice of the resolution and its contents published in accordance with IC 5-3-1. The notice must state a date on which the board will receive or hear remonstrances from persons interested in or affected by the proceedings and on which it will determine the public utility and benefit.

(d) Notice shall be sent by certified mail to each owner of land to be appropriated under the resolution, using the owner's address as shown on the tax duplicates. In addition, notice of the land to be appropriated shall be published in accordance with IC 5-3-1. All persons affected in any manner by the proceedings, including all taxpayers in the district, are considered notified of the pendency of the proceedings and of all subsequent acts, hearings, adjournments, and orders of the board by the original notice by publication.

(e) In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is a sufficient description of the property purchased, to be purchased, or to be appropriated or damaged to give a description of the entire tract by a platted description or by metes and bounds, whether the land is composed of one (1) or more lots or parcels and whether it is owned by one (1) or more persons. If the land or a part of it is to be acquired by purchase, the resolution must also state the maximum proposed cost.

(f) The board may, at any time before the adoption of the resolution:

(1) obtain from the owner or owners of the land an option for its purchase; or

(2) enter into a contract for its purchase upon the terms and conditions that the board considers best.

The option or contract is subject to the final action of the board confirming, modifying, or rescinding the resolution and to the condition that the land may be paid for only out of the special fund resulting from the sale of bonds as provided by this chapter.

(g) If the board decides to acquire any lots or parcels of land by purchase, the board shall appoint two (2) qualified appraisers to appraise the fair market value of the land. Each appraiser must be professionally engaged in making appraisals or be trained as an appraiser and licensed as a broker under IC 25-34.1. The appraisers may not be interested directly or indirectly in any land that is to be acquired under the resolution or that may be injured or incur local benefits. The appraisers shall take an oath that they have no interest in the matter and that they will honestly and impartially make the valuation. The appraisers shall return the appraisers' separate appraisals to the board not more than thirty (30) days after the date of their appointment. The appraisals shall be filed with and become a part of the record of the proceeding.

(h) The board may not take an option on the land or enter into a contract to purchase it at a price greater than the average of the two (2) appraisals received under subsection (g). The title to land to be acquired under the resolution, whether by purchase or appropriation, does not vest until the land is paid for out of the special fund established by the sale of bonds as provided in this chapter. Any indebtedness or obligation of any kind incurred by the board due to the acquisition of land or to construction work shall be paid out of the funds under the control of the board and is not an indebtedness or obligation of the unit.

(i) At the time fixed for the hearing, or at any time before the hearing, an owner of land to be appropriated under the resolution or injuriously affected or a person owning real or personal property located in the district may file a written remonstrance with the secretary of the board.

(j) At the hearing, which may be adjourned from time to time, the board shall hear all persons interested in the proceedings and all remonstrances that have been filed. After considering the evidence, the board shall take final action determining the public utility and benefit of the proposed project by confirming, modifying, or rescinding the resolution. The final action shall be recorded and is final and conclusive upon all persons.

[Pre-Local Government Recodification Citation: 19-7-4-39.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.9; P.L.170-2003, SEC.18.
Ind. Code § 36-8-3.5-23 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-23
Offense; furnishing information to applicants
Status: in_force

Sec. 23. A commissioner who knowingly furnishes information to an applicant for original appointment or to a member eligible for promotion that gives that person an advantage over another person commits a Level 6 felony.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.158-2013, SEC.679.
Ind. Code § 36-12-5-12 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-12
Library board; appointments from townships; expiration of prior term
Status: in_force

Sec. 12. (a) If not more than two (2) townships or parts of not more than two (2) townships are added to a library district, at least one (1) of the next appointments made to the library board by the county commissioners or the county council must be from one (1) of the townships.

(b) If more than two (2) townships or parts of more than two (2) townships are added to a library district, at least two (2) of the next appointments made to the library board by the county commissioners or the county council must be from the townships that are added to the library district.

(c) An appointment under this section may not be made before the expiration of a term in effect at the time the expansion is final.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-5.1-10.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.45.
Ind. Code § 36-7-4-915 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-915
Board of zoning appeals; minutes and records
Status: in_force

Sec. 915. The board of zoning appeals shall keep minutes of its proceedings and record the vote on all actions taken. All minutes and records shall be filed in the office of the board and are public records. The board shall in all cases heard by it make written findings of fact.

[Pre-Local Government Recodification Citations: 18-7-2-69 part; 18-7-4-915; 18-7-4-77 part; 18-7-5-81 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.46.
Ind. Code § 36-7-4-1316 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1316
Impact zone area designated before July 1, 2026
Status: in_force

Sec. 1316. (a) This section only applies to an impact zone designated under section 1315 of this chapter before July 1, 2026.

(b) A unit must include in an impact zone the geographical area necessary to ensure that:

(1) there is a functional relationship between the components of the infrastructure type in the impact zone;

(2) the infrastructure type provides a reasonably uniform benefit throughout the impact zone; and

(3) all areas included in the impact zone are contiguous.

As added by P.L.221-1991, SEC.17. Amended by P.L.73-2026, SEC.23.
Ind. Code § 36-12-1-6 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-6
"School board"
Status: in_force

Sec. 6. "School board" means the governing body as set forth in IC 20-18-2-5.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-2-16-9 — Indiana Code / Title 36 / Article 2 / Chapter 16 / Section 36-2-16-9
Compensation of certain deputies in charge of various courts or branches
Status: in_force

Sec. 9. If a county has:

(1) a superior court; or

(2) two (2) or more courthouses in which branches of county offices are maintained;

the deputies in charge of the various courts or branches rank as, and shall be compensated as, first or chief deputies.

[Pre-Local Government Recodification Citation: 17-3-71-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.201-2011, SEC.112.
Ind. Code § 36-7-18-21 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-21
Designation of hearing examiners
Status: in_force

Sec. 21. A housing authority may designate one (1) or more commissioners or other persons to:

(1) conduct examinations and investigations, on behalf of the authority;

(2) hear testimony and take proof under oath at public hearings, on behalf of the authority;

(3) administer oaths;

(4) issue subpoenas requiring the attendance of witnesses or the production of books and papers;

(5) issue commissions for the examination of witnesses who are outside Indiana, unable to appear before the authority, or excused from attendance; and

(6) make its findings and recommendations regarding any building or property that is dangerous to the public health, safety, or welfare available to appropriate agencies, including agencies responsible for abating or eliminating nuisances, or for demolishing unsafe or unsanitary structures.

[Pre-Local Government Recodification Citation: 18-7-11-8(g).]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-2-2.8-2 — Indiana Code / Title 36 / Article 2 / Chapter 2.8 / Section 36-2-2.8-2
"Contract"
Status: in_force

Sec. 2. (a) As used in this chapter, "contract" means a contract for the purchase of:

(1) real property;

(2) tangible or intangible personal property; or

(3) services (as defined in IC 5-22-2-30).

(b) The term does not include a contract concerning the issuance of:

(1) a bond to finance the construction of a public facility; or

(2) a bond or other type of security for the payment of a lease obligation.

As added by P.L.139-2024, SEC.1.
Ind. Code § 36-9-27.2-3 — Indiana Code / Title 36 / Article 9 / Chapter 27.2 / Section 36-9-27.2-3
"Indiana Drainage Handbook"
Status: in_force

Sec. 3. As used in this chapter, "Indiana Drainage Handbook" refers to the publication "Indiana Drainage Handbook: An Administrative and Technical Guide for Activities within Indiana Streams and Ditches", which was prepared by the Christopher B. Burke Engineering Company in accordance with P.L.329-1995, published in 1996, and revised and republished in 1999.

As added by P.L.105-2024, SEC.6.
Ind. Code § 36-3-3-10 — Indiana Code / Title 36 / Article 3 / Chapter 3 / Section 36-3-3-10
Board of commissioners of county; members; powers and duties
Status: in_force

Sec. 10. (a) The board of commissioners of the county is composed of the county treasurer, the county auditor, and the county assessor. These officers shall serve ex officio as commissioners without additional compensation for performing the duties of the board.

(b) The board of commissioners:

(1) shall make the appointments required by statute to be made by the board of commissioners of a county;

(2) shall perform the duties and exercise the powers prescribed by statutes pertaining to the issuance and payment of bonds of the county and the expenditure of the unexpended proceeds of those bonds; and

(3) may exercise the powers granted it by Article 9, Section 3 of the Constitution of the State of Indiana and by IC 12-30-3.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-3-15 part; subsection (b) formerly 18-4-4-7 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.2-1992, SEC.888.
Ind. Code § 36-7-23-36 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-36
Officers, agents, and employees; legal counsel; technical experts
Status: in_force

Sec. 36. The board may, without the approval of the attorney general or any other state officer, employ legal counsel, technical experts, and permanent or temporary officers, agents, and employees that the board determines necessary to carry out the efficient operation of the authority. The board shall determine the qualification, duties, compensation, and terms of office of persons employed under this section.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-1-9.5-52 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-52
Failure to follow appeals procedure; waiver
Status: in_force

Sec. 52. If a contractor fails to follow the appeals procedures of this chapter within the specified time, the contractor accepts the decision of the entity as final and waives any right to further administrative appeal.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7.6-4-16 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-16
Transfers; failure to make transfer; duty of state treasurer
Status: in_force

Sec. 16. (a) This section applies if the county or municipality fails to make a transfer or part of a transfer required by:

(1) section 2 of this chapter; or

(2) an interlocal agreement executed under section 3(h) of this chapter that is required to satisfy the county's or municipality's obligation to contribute to the satisfaction of outstanding bonds or other debt of the development authority.

(b) The treasurer of state shall do the following:

(1) Withhold an amount equal to the amount of the transfer or part of the transfer under section 2 of this chapter that the county or municipality failed to make from money in the possession of the state that would otherwise be available for distribution to the county or municipality under any other law.

(2) Pay the amount withheld under subdivision (1) to the development authority to satisfy the county's or municipality's obligations to the development authority.

As added by P.L.232-2007, SEC.7. Amended by P.L.146-2008, SEC.775; P.L.178-2015, SEC.24.
Ind. Code § 36-8-22.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 22.5 / Section 36-8-22.5-1
"Employee organization"
Status: in_force

Sec. 1. As used in this chapter, "employee organization" means a union or other entity that works in whole or in part for the common interest of employees.

As added by P.L.126-2019, SEC.1.
Ind. Code § 36-7-41-8 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-8
Initial meeting
Status: in_force

Sec. 8. (a) The commission shall hold its initial meeting before September 1, 2025, at the call of the member appointed under section 3(a)(10) of this chapter.

(b) The commission shall elect the following officers from among the members of the commission:

(1) A chairperson.

(2) A vice chairperson.

(3) A treasurer.

(c) The term of each officer elected under subsection (b):

(1) is one (1) year; and

(2) ends on June 30.

(d) An officer may be reelected.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-9-36-9.5 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-9.5
Assessments; installment payments
Status: in_force

Sec. 9.5. (a) With respect to assessments imposed after June 30, 2001, the works board shall establish a procedure to permit owners of real property in the unit to elect whether to pay assessments in:

(1) ten (10), twenty (20), or thirty (30) annual installments; or

(2) a number of monthly installments that corresponds to ten (10), twenty (20), or thirty (30) annual installments.

(b) The works board shall establish the timing of the election under subsection (a) to permit the works board to structure the maturities of the principal of the bonds in a number of annual series that is consistent with the installment periods elected by owners of real property under subsection (a).

(c) A person who elects to pay the person's assessment in installments under this section must, when directed by the works board, enter into a written agreement stating that in consideration of that privilege the person:

(1) will not make an objection to an illegality or irregularity regarding the assessment against the person's property; and

(2) will pay the assessment as required by law with specified interest.

(d) The agreement under subsection (c) shall be filed in the office of the disbursing officer.

(e) The interest rate specified for the installments of the assessment may be equal to or greater than the interest rate on bonds issued under section 44 of this chapter.

(f) An assessment of less than one hundred dollars ($100) may not be paid in installments.

As added by P.L.62-2001, SEC.1.
Ind. Code § 36-7-14-16 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-16
Approval of resolutions and plans by unit
Status: in_force

Sec. 16. (a) This subsection does not apply to the redevelopment commission of an excluded city described in section 1(b) of this chapter. After adoption under section 15 of this chapter of a resolution that designates a redevelopment project area or amends the resolution or plan for an existing area, the redevelopment commission shall submit the resolution and supporting data to the plan commission of the unit, or if there is no plan commission, then to the body charged with the duty of developing a general plan for the unit, if there is such a body. The plan commission may determine whether the resolution and the redevelopment plan conform to the plan of development for the unit and approve or disapprove the resolution and plan proposed. The redevelopment commission may amend or modify the resolution and proposed plan in order to conform them to the requirements of the plan commission. The plan commission shall issue its written order approving or disapproving the resolution and redevelopment plan, and may, with the consent of the redevelopment commission, rescind or modify that order.

(b) This subsection does not apply to the redevelopment commission of an excluded city described in section 1(b) of this chapter. The redevelopment commission may not proceed with:

(1) the acquisition of a redevelopment project area; or

(2) the implementation of an amendment to the resolution or plan for an existing redevelopment project area;

until the approving order of the plan commission is issued and approved by the municipal legislative body or county executive.

(c) In determining the location and extent of a redevelopment project area proposed to be acquired for redevelopment, the redevelopment commission and the plan commission of the unit shall give consideration to transitional and permanent provisions for adequate housing for the residents of the area who will be displaced by the redevelopment project.

(d) After adoption under section 15 of this chapter of a resolution that designates a redevelopment project area or amends the resolution or plan for an existing area, a redevelopment commission in an excluded city that is exempt from the requirements of subsections (a) and (b) shall submit the resolution and supporting data to the municipal legislative body of the excluded city. The municipal legislative body may:

(1) determine if the resolution and the redevelopment plan conform to the plan of development for the unit; and

(2) approve or disapprove the resolution and plan proposed.

[Pre-Local Government Recodification Citations: 18-7-7-13; 18-7-7.1-13.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.190-2005, SEC.9; P.L.185-2005, SEC.13; P.L.1-2006, SEC.565; P.L.146-2008, SEC.727.
Ind. Code § 36-1.5-4-13 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-13
Action by legislative body receiving resolution on proposed reorganization from another political subdivision; hearing
Status: in_force

Sec. 13. (a) The legislative body of a political subdivision that receives a certified resolution under section 10 or 12 of this chapter shall do any of the following:

(1) Adopt a resolution declining to participate in a proposed reorganization. The resolution must detail why the political subdivision does not wish to participate in the reorganization.

(2) Adopt a substantially identical resolution proposing to participate in a proposed reorganization with the political subdivisions named in a resolution certified to the political subdivision.

(3) Adopt a resolution proposing to participate in a proposed reorganization with political subdivisions that differ in part or in whole from the political subdivisions named in a resolution certified to the political subdivision.

(b) The clerk of the political subdivision adopting a resolution proposing a reorganization under this section shall certify the resolution to the clerk of each political subdivision named in the resolution.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.6; P.L.134-2026, SEC.2.
Ind. Code § 36-7-4-203 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-203
Establishment; exercise of planning and zoning authority
Status: in_force

Sec. 203. (a) ADVISORY. After a metropolitan plan commission is established, it shall exercise exclusively the planning and zoning functions of the county and of the second class city, and the separate planning and zoning functions of the county plan commission and the city plan commission cease.

(b) AREA. After the planning department is established and the participating legislative bodies have adopted a zoning ordinance, the planning department shall exercise exclusively the planning and zoning functions of the county and of the participating municipalities, except as provided in section 901(i) of this chapter. Where other statutes confer planning and zoning authority on a participating municipality or a county, their plan commissions shall continue to exercise that authority until such time as the planning department is established and the participating legislative bodies adopt a zoning ordinance.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-7-3-2 part; 18-7-3-8 part; 18-7-3-11 part; subsection (b) formerly 18-7-4-203; 18-7-4-6 part; 18-7-4-94 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.6; P.L.126-2011, SEC.5.
Ind. Code § 36-1-8-3 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-3
Petty cash fund; establishment; use; reimbursement
Status: in_force

Sec. 3. (a) The fiscal body of a political subdivision may establish a petty cash fund for any of its offices in a like manner to that prescribed by section 2 of this chapter.

(b) The custodian of a petty cash fund shall use it to pay small or emergency items of operating expense. A receipt shall be taken for each expenditure made from the fund.

(c) The custodian of a petty cash fund shall periodically file a voucher, with all original receipts totaling the cash claimed expended being attached to it, so that the fund can be reimbursed for expenditures from it. Reimbursement must be approved and made in the same manner as is required for other expenditures of the political subdivision.

[Pre-Local Government Recodification Citation: 18-5-18-2.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-15.6-5 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-5
"District"
Status: in_force

Sec. 5. As used in this chapter, "district" refers to a flood control improvement district established under this chapter.

As added by P.L.61-2018, SEC.1.