Ind. Code § 36-7-31.6-5 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-5
Review of resolution by budget committee; notice requirements; information to taxing units
Status: in_force

Sec. 5. (a) Upon adoption of a resolution changing the boundaries of a tax area under section 7 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.

(b) Upon adoption of a resolution establishing a tax area under section 7 of this chapter or upon completion of the actions required under subsection (a), the commission shall submit the resolution to the budget committee for review.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-7-15.1-36.3 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-36.3
Annual report; contents
Status: in_force

Sec. 36.3. (a) Not later than April 15 of each year, the commission or its designee shall file with the mayor and the fiscal body a report setting out the commission's activities during the preceding calendar year.

(b) The report required by subsection (a) must show the names of the then qualified and acting commissioners, the names of the officers of that body, the number of regular employees and their fixed salaries or compensation, the amount of the expenditures made during the preceding year and their general purpose, an accounting of the tax increment revenues expended by any entity receiving the tax increment revenues as a grant or loan from the commission, the amount of funds on hand at the close of the calendar year, and other information necessary to disclose the activities of the commission and the results obtained.

(c) A copy of each report filed under this section must be submitted to the department of local government finance in an electronic format.

(d) The report required under subsection (a) must also include the following information set forth for each tax increment financing district regarding the previous year:

(1) Revenues received.

(2) Expenses paid.

(3) Fund balances.

(4) The amount and maturity date for all outstanding obligations.

(5) The amount paid on outstanding obligations.

(6) A list of all the parcels and the depreciable personal property of any designated taxpayer included in each tax increment financing district allocation area and the base assessed value and incremental assessed value for each parcel and the depreciable personal property of any designated taxpayer in the list.

(7) To the extent that the following information has not previously been provided to the department of local government finance:

(A) The year in which the tax increment financing district was established.

(B) The section of the Indiana Code under which the tax increment financing district was established.

(C) Whether the tax increment financing district is part of an area needing redevelopment, an economic development area, a redevelopment project area, or an urban renewal project area.

(D) If applicable, the year in which the boundaries of the tax increment financing district were changed and a description of those changes.

(E) The date on which the tax increment financing district will expire.

(F) A copy of each resolution adopted by the redevelopment commission that establishes or alters the tax increment financing district.

(8) Only in the case of an allocation area established for a residential housing development program, the number of houses completed under the residential housing development program and the average price of the houses sold in the allocation area. This subdivision expires June 30, 2027.

As added by P.L.112-2012, SEC.57. Amended by P.L.105-2013, SEC.5; P.L.218-2013, SEC.17; P.L.87-2015, SEC.10; P.L.204-2016, SEC.35; P.L.255-2017, SEC.36; P.L.236-2023, SEC.185.
Ind. Code § 36-7-30-24 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-24
Activities financed by bonds, notes, or warrants
Status: in_force

Sec. 24. (a) In order to finance activities authorized under this chapter, the reuse authority may apply for and accept advances, short term and long term loans, grants, contributions, and any other form of financial assistance from the federal government, or from any of its agencies. The reuse authority may also enter into and carry out contracts and agreements in connection with that financial assistance upon the terms and conditions that the reuse authority considers reasonable and appropriate, if those terms and conditions are not inconsistent with the purposes of this chapter. The provisions of such a contract or an agreement in regard to the handling, deposit, and application of project funds, as well as all other provisions, are valid and binding on the unit or its executive departments and officers, as well as the reuse authority, notwithstanding any other provision of this chapter.

(b) The reuse authority may issue and sell bonds, notes, or warrants to the federal government to evidence short term or long term loans made under this section, without notice of sale being given or a public offering being made.

(c) Notwithstanding the provisions of this chapter or any other law, the bonds, notes, or warrants issued by the reuse authority under this section may:

(1) be in the amounts, form, or denomination;

(2) be either coupon or registered;

(3) carry conversion or other privileges;

(4) have a rank or priority;

(5) be of such description;

(6) be secured, subject to other provisions of this section, in such manner;

(7) bear interest at a rate or rates;

(8) be payable as to both principal and interest in a medium of payment, at time or times, which may be upon demand, and at a place or places;

(9) be subject to terms of redemption, with or without premium;

(10) contain or be subject to any covenants, conditions, and provisions; and

(11) have any other characteristics;

that the reuse authority considers reasonable and appropriate.

(d) Bonds, notes, or warrants issued under this section are not an indebtedness of the unit or taxing district within the meaning of any constitutional or statutory limitation of indebtedness. The bonds, notes, or warrants are not payable from or secured by a levy of taxes, but are payable only from and secured only by any combination of:

(1) income funds;

(2) properties of the project becoming available to the reuse authority under this chapter; or

(3) any other legally available revenues of the reuse authority;

as the reuse authority specifies in the resolution authorizing their issuance.

(e) Bonds, notes, or warrants issued under this section are exempt from taxation for all purposes.

(f) Bonds, notes, or warrants issued under this section must be executed by the appropriate officers of the unit and must be attested by the appropriate officers of the unit.

(g) Following the adoption of the resolution authorizing the issuance of bonds, notes, or warrants under this section, the reuse authority shall certify a copy of that resolution to the officers of the unit who have duties with respect to bonds, notes, or warrants of the unit. At the proper time, the reuse authority shall deliver to the officers the unexecuted bonds, notes, or warrants prepared for execution in accordance with the resolution.

(h) All bonds, notes, or warrants issued under this section shall be sold by the officers of the unit who have duties with respect to the sale of bonds, notes, or warrants of the unit. If an officer whose signature appears on any bonds, notes, or warrants issued under this section leaves office before their delivery, the signature remains valid and sufficient for all purposes as if the officer had remained in office until the delivery.

(i) If at any time during the life of a loan contract or agreement under this section the reuse authority can obtain loans for the purposes of this section from sources other than the federal government at interest rates not less favorable than provided in the loan contract or agreement, and if the loan contract or agreement so permits, the reuse authority may do so and may pledge the loan contract and any rights under the contract as security for the repayment of the loans obtained from other sources. A loan under this subsection may be evidenced by bonds, notes, or warrants issued and secured in the same manner as provided in this section for loans from the federal government. The bonds, notes, or warrants may be sold at either public or private sale, as the reuse authority considers appropriate.

(j) Money obtained from the federal government or from other sources under this section, and money that is required by a contract or an agreement under this section to be used for project expenditure purposes, repayment of survey and planning advances, or repayment of temporary or definitive loans may be expended by the reuse authority without regard to any law concerning the making and approval of budgets, appropriations, and expenditures.

(k) Bonds, notes, or warrants issued under this section are declared to be issued for an essential public and governmental purpose.

As added by P.L.26-1995, SEC.14. Amended by P.L.228-1997, SEC.3.
Ind. Code § 36-8-10.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-4
"Volunteer fire department" defined
Status: in_force

Sec. 4. As used in this chapter, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.

As added by P.L.49-1987, SEC.2. Amended by P.L.1-1999, SEC.85.
Ind. Code § 36-5-4-6 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-6
Claim defined; issuance of warrant for payment
Status: in_force

Sec. 6. (a) As used in this section, "claim" means a bill or an invoice submitted for goods or services.

(b) Except as provided in section 12 of this chapter, a warrant for payment of a claim against a town may be issued only if the claim is:

(1) supported by a fully itemized invoice or bill under IC 5-11-10-1.6;

(2) filed with the town fiscal officer;

(3) certified by the fiscal officer before payment that each invoice is true and correct; and

(4) allowed by the town legislative body or by the board of the town having jurisdiction over allowance of the payment of the claim.

(c) The certification by the fiscal officer under subsection (b)(3) must be on a form prescribed by the state board of accounts.

[Pre-Local Government Recodification Citations: 5-11-10-2 part; 18-1-20-1 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992, SEC.6; P.L.71-1995, SEC.5; P.L.69-1995, SEC.10.
Ind. Code § 36-2-6-22 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-22
Expired
Status: repealed

As added by P.L.185-2001, SEC.5 and P.L.291-2001, SEC.196. Amended by P.L.1-2002, SEC.155; P.L.219-2007, SEC.107; P.L.146-2008, SEC.690; P.L.181-2016, SEC.39. Expired 1-1-2020 by P.L.181-2016, SEC.39.
Ind. Code § 36-3-2-8 — Indiana Code / Title 36 / Article 3 / Chapter 2 / Section 36-3-2-8
Services provided outside boundaries; service charge
Status: in_force

Sec. 8. Whenever the consolidated city, or any of its special service districts or special taxing districts, provides services outside its boundaries, it may impose a service charge for installation and operating expenses, subject to IC 36-1-3-8(a)(6).

[Pre-Local Government Recodification Citation: 18-4-2-9.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.149-2016, SEC.95.
Ind. Code § 36-9-31-18 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-18
Tax exemption; city revenues
Status: in_force

Sec. 18. All revenues received by the consolidated city under this chapter are exempt from all taxation.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-1-9.5-45 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-45
Change in qualification; notice
Status: in_force

Sec. 45. (a) A prequalification administrator may recommend to an entity any change in the qualification issued to the contractor based upon the receipt of additional information. An entity shall provide a contractor with notification of a change in qualification. The notification must be in writing and become effective on a date determined by the entity.

(b) A request from a contractor for a change in the contractor's qualification status must be in writing and must be received by the entity not less than fifteen (15) days before the bid opening date. A request from a contractor for a change in the contractor's qualification status will not be considered until after the expiration of ninety (90) days after the certificate date.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-25.5-6 — Indiana Code / Title 36 / Article 8 / Chapter 25.5 / Section 36-8-25.5-6
Memorandum of understanding; quarterly report
Status: in_force

Sec. 6. The executive board shall do the following:

(1) Work with the executive director to develop a memorandum of understanding to be used with participating law enforcement agencies. The memorandum of understanding must include:

(A) staffing and personnel requirements;

(B) standard operating procedures for investigating crimes involving firearms; and

(C) a requirement that all participating law enforcement agencies use the National Integrated Ballistic Information Network (NIBIN).

A memorandum of understanding must comply with section 7 of this chapter.

(2) Provide a quarterly report to the governor and the legislative council concerning the activities of the task force. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.217-2021, SEC.2.
Ind. Code § 36-8-8.3-8 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-8
Reevaluation by review panel
Status: in_force

Sec. 8. At the conclusion of the fund member's second two (2) year provisional period, the review panel shall reevaluate the fund member. The review panel shall conduct its confidential reevaluation in the manner described in section 6(b) of this chapter.

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-7.5-8-7 — Indiana Code / Title 36 / Article 7.5 / Chapter 8 / Section 36-7.5-8-7
Member terms
Status: repealed

Sec. 7. (a) The term of office for a member of the board is two (2) years. The term begins July 1 of the year in which the member is appointed and ends on June 30 of the second year following the member's appointment. A member may be reappointed after the member's term has expired.

(b) A vacancy in membership must be filled in the same manner as the original appointment. Appointments made to fill a vacancy that occurs before the expiration of a term are for the remainder of the unexpired term.

As added by P.L.195-2023, SEC.8.
Ind. Code § 36-3-4-7 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-7
Election of president and officers of city-county legislative body
Status: in_force

Sec. 7. At its regular meeting in January each year, the city-county legislative body shall elect a president and other officers as it sees fit.

[Pre-Local Government Recodification Citation: 18-4-5-1(h).]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-1-12-3 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-3
Public work projects
Status: in_force

Sec. 3. (a) The board may purchase or lease materials in the manner provided in IC 5-22 and perform any public work, by means of its own workforce, without awarding a contract whenever the cost of that public work project is estimated to be less than three hundred seventy-five thousand dollars ($375,000), adjusted annually by an amount equal to the unadjusted percentage change for all items in the Consumer Price Index for all Urban Consumers as published by the United States Bureau of Labor Statistics for the immediately preceding year. On or before January 15, 2026, and on or before January 1 of each year thereafter, the department of local government finance shall annually publish the adjusted cost estimate threshold for the current year, determined in the manner required by this subsection, in the Indiana Register under IC 4-22-7-7. For purposes of applying the annual cost estimate threshold adjustment, the annual percentage change is applied to the adjusted amount for the immediately preceding year.

(b) Before a board may perform any work under this section by means of its own workforce, the political subdivision or agency must have a group of employees on its staff who are capable of performing the construction, maintenance, and repair applicable to that work.

(c) For purposes of determining the cost of a public work project, the cost includes:

(1) the actual cost of materials, labor, equipment, and rental;

(2) a reasonable rate for use of trucks and heavy equipment owned; and

(3) all other expenses incidental to the performance of the project.

(d) This subsection applies only to a municipality or a county. The workforce of a municipality or county may perform a public work described in subsection (a) only if:

(1) the workforce, through demonstrated skills, training, or expertise, is capable of performing the public work; and

(2) for a public work project under subsection (a) whose cost is estimated to be more than one hundred thousand dollars ($100,000), the board:

(A) publishes a notice under IC 5-3-1 that:

(i) describes the public work that the board intends to perform with its own workforce; and

(ii) sets forth the projected cost of each component of the public work as described in subsection (a); and

(B) determines at a public meeting that it is in the public interest to perform the public work with the board's own workforce.

A public work project performed by a board's own workforce must be inspected and accepted as complete in the same manner as a public work project performed under a contract awarded after receiving bids.

(e) When the project involves the rental of equipment with an operator furnished by the owner, or the installation or application of materials by the supplier of the materials, the project is considered to be a public work project and subject to this chapter. However, an annual contract may be awarded for equipment rental and materials to be installed or applied during a calendar or fiscal year if the proposed project or projects are described in the bid specifications.

(f) A board of aviation commissioners or an airport authority board may purchase or lease materials in the manner provided in IC 5-22 and perform any public work by means of its own workforce and owned or leased equipment, in the construction, maintenance, and repair of any airport roadway, runway, taxiway, or aircraft parking apron whenever the cost of that public work project is estimated to be less than one hundred fifty thousand dollars ($150,000).

(g) Municipal and county hospitals must comply with this chapter for all contracts for public work that are financed in whole or in part with cumulative building fund revenue, as provided in section 1(c) of this chapter. However, if the cost of the public work is estimated to be less than fifty thousand dollars ($50,000), as reflected in the board minutes, the hospital board may have the public work done without receiving bids, by purchasing the materials and performing the work by means of its own workforce and owned or leased equipment.

(h) If a public works project involves a structure, an improvement, or a facility under the control of a public highway department that is under the political control of a unit (as defined in IC 36-1-2-23) and involved in the construction, maintenance, or repair of a public highway (as defined in IC 9-25-2-4), the department may not artificially divide the project to bring any part of the project under this section.

[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]

As added by Acts 1981, P.L.57, SEC.38. Amended by Acts 1981, P.L.56, SEC.3; P.L.329-1985, SEC.16; P.L.337-1987, SEC.2; P.L.66-1987, SEC.29; P.L.12-1991, SEC.6; P.L.21-1995, SEC.146; P.L.82-1995, SEC.14; P.L.49-1997, SEC.75; P.L.172-2011, SEC.138; P.L.252-2015, SEC.42; P.L.213-2015, SEC.263; P.L.43-2019, SEC.1; P.L.114-2022, SEC.28; P.L.86-2025, SEC.1; P.L.157-2026, SEC.226.
Ind. Code § 36-8-27-1 — Indiana Code / Title 36 / Article 8 / Chapter 27 / Section 36-8-27-1
Definitions
Status: in_force

Sec. 1. (a) As used in this chapter, "firefighter gear" means any clothing designed, intended, or marketed to be a structural firefighting protective ensemble or ensemble element that includes:

(1) coats;

(2) trousers;

(3) coveralls;

(4) helmets;

(5) gloves;

(6) footwear;

(7) interface components; and

(8) other components used to construct such clothing.

(b) As used in this chapter, "PFAS chemical" has the meaning set forth in IC 36-8-10.7-3.

As added by P.L.78-2023, SEC.1.
Ind. Code § 36-9-25-32 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-32
General expenses and operation of sewage works; tax levy; procedure; loans
Status: in_force

Sec. 32. (a) To provide money to pay:

(1) all general expenses of the board, including salaries of officers and employees, fees and expenses for professional services, and other items of expense not chargeable to the cost of property acquisition or work done under a resolution of the board for which bonds of the district are issued; and

(2) for the operation, maintenance, and repair of sewage works, including the cost of the collection and removal of garbage and ashes;

a tax on all the taxable property in the district, at the rate required to provide the money needed to defray all expenses, shall be levied annually by the board.

(b) The county auditor shall estimate the taxes and enter them upon the tax duplicate, and the county treasurer shall collect and enforce the taxes in the same manner as state and county taxes are estimated, entered, collected, and enforced. The county treasurer shall, by the tenth day of each month, notify the board of the amount of taxes collected during the preceding month and shall credit a fund to be known as the sanitary maintenance and general expense fund with that amount. The fund may not be used for a purpose other than one stated in this section. The board has complete and exclusive authority to expend on behalf of the district all money thus realized. Warrants for the expenditures shall be drawn by the municipal fiscal officer upon vouchers of the board.

(c) The board may, by resolution, make:

(1) temporary loans in anticipation of taxes actually levied under this section; or

(2) emergency loans for the expenditure of any sums not provided for in the current levy of the board, for which a levy shall then be made in the next annual budget of the board.

The loans mature and shall be paid within one (1) year after the date the loan is made and may bear interest at any rate payable at the maturity of the loan. The warrants or other evidence of the loans may not be sold for less than par. Before making the loan, notice of the time, place, amount, and terms of the loan shall be given by publication in accordance with IC 5-3-1. The warrants carry no personal obligation for their payment and are payable only out of the tax levied.

[Pre-Local Government Recodification Citation: 19-2-14-23 part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.72; Acts 1982, P.L.77, SEC.23.
Ind. Code § 36-8-16.8-8 — Indiana Code / Title 36 / Article 8 / Chapter 16.8 / Section 36-8-16.8-8
PSAP continuing education; recording of annual requirement
Status: in_force

Sec. 8. (a) A unit operating a PSAP shall require each public safety telecommunicator to:

(1) complete the unit's training program established under section 6 of this chapter:

(A) within one (1) year of the date of the program's implementation; or

(B) within one (1) year of the public safety telecommunicator's date of hire; and

(2) beginning on January 1, 2024, complete twenty-four (24) hours of continuing education training, which may include recertification, in each calendar year beginning after December 31 of the calendar year in which the public safety telecommunicator completes the minimum basic training requirements established under section 6 of this chapter.

(b) A unit shall approve continuing education courses that are eligible to meet the annual requirement in subsection (a)(2).

(c) A unit shall record the completion of an approved continuing education course and count it towards a public safety telecommunicator's satisfaction of the annual requirement in subsection (a)(2). A unit shall also record the name of each public safety telecommunicator who completes the annual requirement in subsection (a)(2) and provide that information to the board as part of the annual data collection described in IC 36-8-16.7-38.

As added by P.L.13-2022, SEC.2.
Ind. Code § 36-7-4-213 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-213
Membership of commission; advisory members
Status: in_force

Sec. 213. ADVISORY. If a municipality having a municipal plan commission is located in a county that has a county plan commission:

(1) a designated representative of the county plan commission shall serve as an advisory member of the municipal plan commission; and

(2) a designated representative of the municipal plan commission shall serve as an advisory member of the county plan commission.

Each advisory member has all the privileges of membership, except the right to vote.

[Pre-Local Government Recodification Citations: 18-7-4-213; 18-7-5-16.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-9-38-4 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-4
Application of statutes relating to planning and zoning, building codes, and restrictions on use of property
Status: in_force

Sec. 4. The statutes relating to planning and zoning, building codes, and restrictions on the use of property apply to an improvement under this chapter.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-7-4-1305 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1305
"Impact fee" and "capital costs" defined
Status: in_force

Sec. 1305. (a) As used in this series, "impact fee" means a monetary charge imposed on new development by a unit to defray or mitigate the capital costs of infrastructure that is required by, necessitated by, or needed to serve the new development.

(b) As used in this section, "capital costs" means the costs incurred to provide additional infrastructure to serve new development, including the following:

(1) Directly related costs of construction or expansion of infrastructure that is necessary to serve the new development, including reasonable design, survey, engineering, environmental, and other professional fees that are directly related to the construction or expansion.

(2) Directly related land acquisition costs, including costs incurred for the following:

(A) Purchases of interests in land.

(B) Court awards or settlements.

(C) Reasonable appraisal, relocation service, negotiation service, title insurance, expert witness, attorney, and other professional fees that are directly related to the land acquisition.

(3) Directly related debt service, subject to section 1330 of this chapter.

(4) Directly related expenses incurred in preparing or updating the comprehensive plan or zone improvement plan, including all administrative, consulting, attorney, and other professional fees, as limited by section 1330 of this chapter.

As added by P.L.221-1991, SEC.6.
Ind. Code § 36-9-42-4 — Indiana Code / Title 36 / Article 9 / Chapter 42 / Section 36-9-42-4
"Major project"
Status: in_force

Sec. 4. As used in this chapter, "major project" means an improvement project designated by a unit as a major project under section 6 of this chapter.

As added by P.L.79-2013, SEC.1.
Ind. Code § 36-8-17-8 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-8-b
Inspection program; reports
Status: in_force

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

Sec. 8. (a) A fire department serving an area that does not include a city may engage in an inspection program to promote compliance with fire safety laws. Upon the request of an owner or a primary lessee who resides in a private dwelling, the fire department may inspect the interior of the private dwelling to determine compliance with IC 22-11-18-3.5. The fire department shall maintain a written report for each inspection. These reports shall be made available to the department upon request.

(b) The fire department serving an area that includes a city shall inspect every place and public way within the jurisdiction of the city, except the interiors of private dwellings, for compliance with the fire safety laws. Upon the request of an owner or a primary lessee who resides in a private dwelling, the fire department may inspect the interior of the private dwelling to determine compliance with IC 22-11-18-3.5. Except as otherwise provided in the rules adopted by the department, the fire chief of the fire department shall specify the schedule under which places and public ways are inspected and may exclude a class of places or public ways from inspection under this section, if the fire chief determines that the public interest will be served without inspection. The fire department shall maintain a written report for each inspection. The fire department shall submit monthly reports to the department, on forms prescribed by the department, containing the following information:

(1) The total number of inspections made.

(2) The total number of defects found, classified as required by the office.

(3) The total number of orders issued for correction of each class of defect.

(4) The total number of orders complied with.

(c) Except as provided in subsection (d), an inspection may only be carried out by an individual who:

(1) is a firefighter who meets, at a minimum, the training requirements described in IC 36-8-10.5; or

(2) has:

(A) obtained certification as a:

(i) fire inspector I as described in 655 IAC 1-2.1-12;

(ii) fire inspector II as described in 655 IAC 1-2.1-13; or

(iii) fire inspector I/II as described in 655 IAC 1-2.1-13.1; and

(B) in the case of an individual who is not an employee of a fire department, completed at least two (2) years of experience as a fire inspector described in clause (A)(i) through (A)(iii).

(d) A volunteer fire department may carry out inspections under this section only through an individual who is certified under IC 22-14-2-6(c).

As added by P.L.245-1987, SEC.21. Amended by P.L.1-1999, SEC.104; P.L.1-2006, SEC.579; P.L.17-2008, SEC.6; P.L.187-2021, SEC.149; P.L.107-2023, SEC.2; P.L.152-2026, SEC.503.
Ind. Code § 36-4-2-2 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-2
Resolution; election; notice; ballot; result; certified copies of agreement and result of election
Status: in_force

Sec. 2. (a) If the legislative bodies of two (2) or more adjoining municipalities each agree, by resolution, on:

(1) the date of an election to consider the merger of the municipalities; and

(2) the name by which the municipality formed by the merger would be known;

the municipalities shall certify the question to the county election board. The board shall conduct an election to consider the merger. The election shall be held in each of the municipalities.

(b) Notice of an election under this section shall be given in each municipality by publication in the manner prescribed by IC 5-3-1.

(c) An election under this section shall be held in each municipality in the manner prescribed by IC 3-10-8-6. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall ______ and _____ merge and become the (City or Town) of _____?".

(d) The election board shall report the results of the election to each legislative body, and a certified copy of the result of the election in each municipality shall be filed with the legislative body of each of the municipalities involved in the election.

(e) If a majority of the votes cast in each of the municipalities is in favor of the merger, the municipalities are merged under the terms prescribed by this section and sections 9 through 17 of this chapter. A certified copy of the agreement, and of the result of the election, shall be filed in the office of the recorder of the county or counties in which the new municipality is located. The agreement must be:

(1) signed by the municipal executive;

(2) attested by the clerk; and

(3) sealed with the seal;

of each of the constituent municipalities. Copies of the record shall be received in all courts and places as conclusive of the merger of the municipality under the name agreed on.

[Pre-Local Government Recodification Citation: 18-5-10-8 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.45, SEC.13; P.L.5-1986, SEC.44; P.L.3-1987, SEC.554.
Ind. Code § 36-8-25-8 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-8
Fees
Status: in_force

Sec. 8. The department may impose a reasonable fee for:

(1) providing a T-CPR program or continuing education course; and

(2) certifying a person who successfully completes a T-CPR program or any T-CPR instructor requirements.

The department shall deposit any fees collected in the fire and building services fund established by IC 22-12-6-1.

As added by P.L.54-2019, SEC.4. Amended by P.L.187-2021, SEC.158.
Ind. Code § 36-7-11.3-62 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-62
Redefining preservation area
Status: in_force

Sec. 62. The legislative body may at any time redefine:

(1) the preservation area; or

(2) the primary or secondary areas in the preservation area;

if the preservation area, as redefined, is an area that could properly be designated as a preservation area under this chapter for the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(h) part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-38-9 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-9
Objectives
Status: in_force

Sec. 9. (a) A land bank shall endeavor to acquire a diverse portfolio of properties to enable the land bank to dispose of diverse properties in diverse real estate markets in the county or municipal territory that the land bank serves and, thereby, generate revenue for the land bank in a sustainable manner. A land bank shall acquire property for the purpose of supporting the mission of the land bank.

(b) A land bank's priorities concerning the disposition of properties from the land bank must support the mission of the land bank, which includes the sale or transfer of properties:

(1) for redevelopment that will act as a catalyst for further development;

(2) that support a comprehensive development plan or strategic plan for neighborhood revitalization;

(3) that reduce blight in the community;

(4) that revitalize or stabilize neighborhoods;

(5) that will be returned to productive, tax paying status;

(6) that will be returned to productive uses, including development of side lots, green spaces, and gardens;

(7) that are available for immediate ownership or occupancy without a need for substantial rehabilitation;

(8) that will be used for affordable housing; or

(9) that will generate operating support for the functions of a land bank.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-5-1.2-12 — Indiana Code / Title 36 / Article 5 / Chapter 1.2 / Section 36-5-1.2-12
Certification of resolution not appealed
Status: in_force

Sec. 12. If an appeal has not been filed, not later than thirty (30) days after adoption of the resolution by the town legislative body, the town clerk-treasurer shall send a certified copy of the resolution to each of the following:

(1) The clerk of the circuit court of each county in which the town is located.

(2) The plan commission having jurisdiction, if any.

(3) The office of the secretary of state.

As added by P.L.258-1993, SEC.1. Amended by P.L.24-1995, SEC.27; P.L.3-1997, SEC.463; P.L.123-2000, SEC.11.
Ind. Code § 36-7.7-3-10 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-10
Membership term
Status: in_force

Sec. 10. A county or municipality that establishes or joins a development authority under this chapter shall be a member of the development authority for not less than five (5) years or until the expiration of this article.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-10-7.5-26 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-26
Contracts or leases with not-for-profit corporations
Status: in_force

Sec. 26. (a) The executive may enter into a lease or a contract with a not-for-profit corporation providing detailed terms and conditions for the following:

(1) The performance of historical pageants and entertainments.

(2) The charging of admission.

(3) The maintenance of the facilities.

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

As added by P.L.157-1991, SEC.15.
Ind. Code § 36-7-11.2-9 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-9
"Meridian Street property" defined
Status: in_force

Sec. 9. As used in this chapter, "Meridian Street property" means a parcel of land of which any part lies within one hundred (100) feet due west or east of any part of the right-of-way for Meridian Street.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-10-3-30 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-30
Joint board of parks and recreation; organization and function; powers and duties; executive committee, membership, authority, and limitations
Status: in_force

Sec. 30. (a) A joint board shall be organized and shall function in the same manner as a separate board. The joint board consists of all the members of the separate boards. Two-thirds (2/3) of the members constitute a quorum, and official action must be authorized by two-thirds (2/3) of the members. The joint board has all of the powers and duties of a separate board under this chapter, including the authority to issue bonds of the joint district.

(b) The joint board may create an executive committee composed of an equal number of members from each participating unit. The executive committee has all of the authority and limitations of the joint board, except that official action by the executive committee must be authorized by each member of the committee. In addition, an executive committee member may demand that an issue be submitted to the joint board.

[Pre-Local Government Recodification Citation: 19-7-4-47.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-9-6-11 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-11
Sewage disposal and treatment works
Status: in_force

Sec. 11. The works board may erect, maintain, and operate works for the collection, treatment, and disposal of sewage.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-9-29-22 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-22
Loans for preliminary expenses; sale of warrants; advancement of funds
Status: in_force

Sec. 22. (a) To facilitate the carrying out of preliminary proceedings and provide money for the payment of expenses before the issuance of bonds under this chapter, the flood control board may, by resolution, authorize the making of loans in amounts approved by the circuit court. The loans shall be evidenced by callable warrants payable out of the proceeds of bonds, when available, and the warrants may bear interest at any rate. If the amount of warrants to be issued at any one (1) time exceeds five thousand dollars ($5,000), they shall be sold at public sale after notice given in accordance with IC 5-3-1. The warrants shall be sold to the bidder offering to purchase them at the lowest actual interest cost to the district, and shall be executed in the name of the district by the board's president or vice president and by its executive secretary.

(b) Any unit having territory included within the flood control district may advance money to the district. The advances must be authorized by the fiscal body of the unit. The advances may be made without appropriation, and warrants evidencing the advances shall be issued by the district, bearing the rate of interest provided for in the resolution or other action authorizing the advances.

[Pre-Local Government Recodification Citation: 19-4-18-13.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.45, SEC.90.
Ind. Code § 36-10-3-7 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-7
Board of park and recreation; advisory member
Status: in_force

Sec. 7. If a municipality is located in a county having a county board, the municipal and county boards may each designate a member to sit with the other board in an advisory capacity.

[Pre-Local Government Recodification Citation: 19-7-4-14.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.4.
Ind. Code § 36-7-32.6-13 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-13
"Stadium development district"
Status: in_force

Sec. 13. As used in this chapter, "stadium development district" means the northwest Indiana stadium development district that may be established under this chapter.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-9-36-2 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-2
Authorized improvements
Status: in_force

Sec. 2. (a) The following improvements may be made under this chapter by a county:

(1) Sanitary sewers and sanitary sewer tap-ins.

(2) Sidewalks.

(3) Curbs.

(4) Streets.

(5) Storm sewers.

(6) Lighting.

(7) Emergency warning systems.

(8) Any other structures necessary or useful for the collection, treatment, purification, and sanitary disposal of the liquid waste, sewage, storm drainage, and other drainage of a municipality.

(b) The following improvements may be made under this chapter by a municipality:

(1) Sidewalks.

(2) Curbs.

(3) Streets.

(4) Alleys.

(5) Paved public places.

(6) Lighting.

(7) A water main extension for a municipality that owns and operates a water utility.

(8) Emergency warning systems.

As added by P.L.98-1993, SEC.7. Amended by P.L.31-2004, SEC.1; P.L.42-2006, SEC.1.
Ind. Code § 36-7-4-1402 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1402
Designation by zoning ordinance
Status: in_force

Sec. 1402. (a) This section applies if a zoning district is designated in a zoning ordinance under section 1401.5(a) of this chapter.

(b) In the zoning ordinance, the legislative body adopting the ordinance must specify the following:

(1) Development requirements that must be satisfied before the plan commission may approve a development plan.

(2) Plan documentation and supporting information that must be supplied to the plan commission before the plan commission may approve a development plan.

(3) Development requirements for approval of a development plan that the plan commission may waive.

(4) Conditions under which the plan commission may waive development requirements for approval of a development plan.

(5) Procedures for submission and review of a development plan, including the nature or type of application, fees, notice, hearing, amendment, and other matters relevant to review.

(c) In the zoning ordinance, the legislative body may authorize the following to review and approve a development plan:

(1) The plan commission staff.

(2) A hearing examiner or committee of the plan commission designated under section 402(d) of this chapter.

As added by P.L.320-1995, SEC.25.
Ind. Code § 36-8-3-18 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-18
Humane officers; appointment; powers and duties
Status: in_force

Sec. 18. A humane officer shall be appointed in every city from among the members of the police department. The humane officer shall detect and arrest persons violating humane statutes. The humane officer is entitled to the same pay as other police officers of the city and is subject to the control and discipline of the police department. If there is an incorporated humane society in the city, the humane officer shall attend the stated and special meetings of the society and shall report to it, at least once a month, on all matters relating to the humane officer's duties under law for the previous month. If a humane statute or ordinance has, to the humane officer's knowledge, been violated, the humane officer shall, if directed by the president of the humane society, file the humane officer's affidavits before a court charging the person violating the law with the violation.

[Pre-Local Government Recodification Citation: 18-1-11-16.]

As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.127-2017, SEC.225.
Ind. Code § 36-9-36-54 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-54
Foreclosure actions; amount of recovery; sale procedure
Status: in_force

Sec. 54. (a) In a foreclosure action brought under this chapter, the plaintiff is entitled to recover the amount of the assessment, principal and interest, and reasonable attorney's fees. The court shall order the sale to be made without relief from valuation or appraisement law.

(b) The county sheriff shall sell the property in the same way that lands are sold on execution. The sheriff shall, not later than five (5) days after the sale, execute a certificate of sale to the purchaser. The certificate of sale vests title in the purchaser when the certificate of sale is delivered. Title vested by a certificate of sale is subject only to the right to redeem under section 55 of this chapter.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-5-2-9.6 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-9.6
Majority vote to pass ordinance
Status: in_force

Sec. 9.6. A majority vote of the legislative body is required to pass an ordinance, unless a greater vote is required by statute.

As added by Acts 1980, P.L.73, SEC.16.
Ind. Code § 36-9-39-5 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-5
Conduct of hearing; findings
Status: in_force

Sec. 5. (a) At the hearing specified in the notice given under section 4 of this chapter, the municipal works board shall hear all interested persons on the question of special benefits and on any other matter related to the proposed sewage works.

(b) If after the hearing the works board finds that the special benefits accruing to the abutting property are equal to the estimated cost of the sewage works, the finding shall be entered of record. The finding is final and conclusive on all parties.

(c) If after the hearing the works board finds that the special benefits accruing to the abutting property are not equal to the estimated cost of the sewage works, the works board may not proceed with the construction of the sewage works under any resolution for one (1) year. However, the works board may proceed with the sewage works if the works board finds that the municipality is benefited in an amount sufficient to cover the deficiency.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-9-27-65 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-65
Establishing new regulated drains; written objections to surveyor's report and schedules; findings and final order by board
Status: in_force

Sec. 65. (a) Not less than five (5) days before the board's hearing on a petition for a new regulated drain, any owner of land affected by the report of the county surveyor or by the schedules of damages and assessments may file with the board written objections to the report, schedules, or both. The objections may be for one (1) or more of the following causes:

(1) The proposed drain, as reported by the county surveyor, is not practicable and will not adequately drain the affected land. An objection on this ground must point out the impracticable aspects of the proposed drain and describe the specific lands that will not be adequately drained.

(2) The costs, damages, and expenses of the drain will exceed the benefits that will result to the owners of all land benefited.

(3) The proposed drain will not:

(A) improve the public health;

(B) benefit a public highway in a county or a public street in a municipality;

(C) drain the grounds of a public school; or

(D) be of public utility.

(4) The objector is the owner of land damaged by the drain, and:

(A) the board failed to find that the objector's land is damaged; or

(B) the damages assessed to the objector's land are inadequate.

(5) The objector is the owner of lands assessed as benefited, and the benefits assessed against the objector's lands are excessive.

Each objector may file written evidence in support of the objector's objections. The failure of an owner to file objections constitutes a waiver of the owner's right to subsequently object, on the grounds stated in this subsection, to any final action of the board.

(b) On or before the day of the hearing, the county surveyor shall, and any owner of affected land may, cause written evidence to be filed in support of or in rebuttal to any objection filed under subsection (a).

(c) The board shall consider the objections and evidence filed, may adjourn the hearing from day to day or to a day certain, and may issue an order permitting additional written evidence to be filed in support of or in rebuttal to the objections and evidence previously filed.

(d) After considering all of the objections and evidence, the board may amend the schedules of damages and assessments, and the county surveyor may modify the county surveyor's report, as justice may require.

(e) Before final adjournment of the hearing, the board shall determine in writing:

(1) whether the proposed drain, as reported by the county surveyor, is practicable and will adequately drain the affected land;

(2) whether the costs, damages, and expenses of the proposed drain will be less than the benefits accruing to the owners of land benefited by the drain; and

(3) whether the proposed drain will improve the public health, benefit a public highway in a county or a public street in a municipality, drain the grounds of a public school, or be of public utility.

If the board finds the issues set forth in subdivision (1), (2), or (3) in the negative, it shall dismiss the petition. If the board finds the issues set forth in subdivisions (1), (2), and (3) in the affirmative, it shall adopt the schedules of damages and assessments, including annual assessments for periodic maintenance, as originally filed or as amended, into its findings, and issue an order declaring the proposed drain established. The board shall mark the findings and order filed and publicly announce them at the hearing. Immediately after that, the board shall publish a notice in accordance with IC 5-3-1. The notice must identify the proceedings and state that the findings and order of the board have been filed and are available for inspection in the office of the county surveyor.

(f) If judicial review of the findings and order of the board is not requested under section 106 of this chapter within twenty (20) days after the date of publication of the notice, the findings and order become conclusive.

(g) When the proposed drain is finally and conclusively established, the board shall allow the attorney for the petitioner the fee computed under section 61(8) of this chapter.

[Pre-Local Government Recodification Citations: 19-4-2-10 part; 19-4-2-13; 19-4-2-14; 19-4-2-15.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.81; P.L.127-2017, SEC.353.
Ind. Code § 36-8-12-6 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-6
Units required to insure members of department; liability for failure to insure
Status: in_force

Sec. 6. (a) Each unit that has a volunteer fire department shall procure insurance in the name of and for the benefit of each member of the department. However, if a contract or agreement exists between a unit and a volunteer fire department, the contract or agreement must provide for insurance of the volunteer firefighters and emergency medical services personnel in the department in the amounts and with the coverages required by this chapter. Unless the contract or agreement stipulates otherwise, all insurance coverage must be under a group plan, rather than in the name of each individual firefighter and member of the emergency medical services personnel. Either the unit or the volunteer fire department, according to the contractor agreement, may undertake procurement of required insurance, but in either case, the costs of coverage must be borne by the unit. If a volunteer fire department serves more than one (1) unit under a contract or agreement, each unit that the department serves shall pay the amount for the insurance coverage determined under the following formula:

STEP ONE: For each census block or other area in a unit that is served by more than one (1) volunteer fire department, divide the population of the area by the number of volunteer fire departments serving the area, and round the quotient to the nearest one thousandth (.001).

STEP TWO: Add the quotients determined under STEP ONE for the unit.

STEP THREE: Determine the sum of the STEP TWO amounts for all of the units served by the same volunteer fire department.

STEP FOUR: Divide the STEP TWO amount for a unit by the STEP THREE amount and round the quotient to the nearest one thousandth (.001).

STEP FIVE: Multiply the costs of the insurance coverage for the volunteer fire department by the quotient determined under STEP FOUR, rounded to the nearest dollar.

(b) A diminution of insurance benefits may not occur under this section because of a change in the insurance carrier or a change as to who actually procures the required insurance.

(c) Each unit that has a volunteer fire department may procure an insurance policy for the benefit of auxiliary groups whose members could be injured while assisting the volunteer firefighters and emergency medical services personnel in the performance of their duties.

(d) Each unit that has a volunteer fire department may procure an insurance policy or any other type of instrument that provides retirement benefits as an incentive to volunteer firefighters and emergency medical services personnel for continued service.

(e) An insurance policy or other instrument containing any of the provisions authorized by subsection (d) may not be considered in the computation of nominal compensation for purposes of this chapter.

(f) A volunteer firefighter or member of the emergency medical services personnel who becomes covered by an insurance policy or other instrument containing any of the provisions authorized by subsection (d) does not thereby become eligible for membership in the public employees' retirement fund under IC 5-10.3.

(g) If a unit fails to provide the insurance for a volunteer firefighter or member of the emergency medical services personnel that this chapter requires it to provide, and a volunteer firefighter or member of the emergency medical services personnel suffers a loss of the type that the insurance would have covered, then the unit shall pay to that volunteer firefighter or member of the emergency medical services personnel the same amount of money that the insurance would have paid to the volunteer firefighter or member of the emergency medical services personnel.

(h) A unit's obligation under this section supersedes any obligation that another medical insurance carrier has to pay the expenses of the volunteer firefighter or member of the emergency medical services personnel.

[Pre-Local Government Recodification Citation: 19-1-40-7.]

As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.351-1987, SEC.1; P.L.268-1993, SEC.1; P.L.70-1995, SEC.7; P.L.1-1999, SEC.92; P.L.174-2009, SEC.3; P.L.96-2020, SEC.9.
Ind. Code § 36-8-19-8.7 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-8.7
Purchase of firefighting equipment on installment conditional sale or mortgage contract
Status: in_force

Sec. 8.7. After a sufficient appropriation for the purchase of firefighting apparatus and equipment, including housing, is made and is available, the participating units, with the approval of the fiscal body of each participating unit, may purchase the firefighting apparatus and equipment for the territory on an installment conditional sale or mortgage contract running for a period not exceeding:

(1) six (6) years; or

(2) fifteen (15) years for a territory that:

(A) has a total assessed value of sixty million dollars ($60,000,000) or less, as determined by the department of local government finance; and

(B) is purchasing the firefighting equipment with funding from the:

(i) state or its instrumentalities; or

(ii) federal government or its instrumentalities.

The purchase shall be amortized in equal or approximately equal installments payable on January 1 and July 1 each year.

As added by P.L.83-1998, SEC.4. Amended by P.L.90-2002, SEC.501; P.L.178-2002, SEC.135.
Ind. Code § 36-8-8.3-7 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-7
Determination by review panel
Status: in_force

Sec. 7. (a) If the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty.

(b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall begin an additional two (2) year provisional period from the date of the review panel's determination. The fund member shall continue to be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member's treating physician.

(c) The employer shall continue to pay for the fund member's mental health care and treatment relating to the disability during the second two (2) year provisional period.

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-7-31.6-13 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-13
Notice of taxes to be distributed to northwest Indiana stadium board
Status: in_force

Sec. 13. The state comptroller, in cooperation with the department, shall notify the president of the board of the amount of taxes to be distributed to the board.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-7-21-4 — Indiana Code / Title 36 / Article 7 / Chapter 21 / Section 36-7-21-4
Resolution requesting establishment of district; contents
Status: in_force

Sec. 4. In the resolution requesting the legislative body to establish a special improvement district, the redevelopment commission shall include the following information:

(1) A map of the boundaries of the proposed special improvement district, to include, if applicable, zone boundaries as prescribed by section 6 of this chapter.

(2) The name and address of each parcel and owner of land within the district and a description of the existing land use and zoning classification of each parcel.

(3) A detailed description of the proposed improvement its estimated cost, and the benefits expected to accrue to the property owners within the district.

(4) A plan for the application of assessment revenue to the cost of the project.

(5) A proposed apportionment of the annual assessment to the parcels of real property within the district, as prescribed by sections 5 and 6 of this chapter.

As added by P.L.380-1987(ss), SEC.20.
Ind. Code § 36-7.5-1-16 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-16
Repealed
Status: repealed

As added by P.L.214-2005, SEC.73. Repealed by P.L.197-2011, SEC.153.
Ind. Code § 36-7-11.3-61 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-61
Dissolution of commission
Status: in_force

Sec. 61. (a) The legislative body that created a commission under this chapter may:

(1) at any time in the discretion of the legislative body; or

(2) by application of at least fifty-one percent (51%) of the owners of property in the primary area;

dissolve the commission by ordinance or resolution if the legislative body in the discretion of the legislative body determines that the commission has failed to accomplish the purpose for which the commission was created.

(b) If the legislative body dissolves the commission, the preservation area ceases to exist and this chapter does not apply.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(h) part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-12-11-19 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-19
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-19.]

As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.41.
Ind. Code § 36-9-30-9 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-9
Personnel necessary in execution of board's powers and duties
Status: in_force

Sec. 9. The board may employ, fix the compensation of, and assign the duties of engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and other employees it considers necessary in the execution of its powers and duties.

[Pre-Local Government Recodification Citation: 19-2-1-7 part.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-2-7-17 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-17
Failure to pay over fees collected; forfeiture
Status: in_force

Sec. 17. An officer who fails to pay the amount due from the officer into the county treasury shall forfeit to the state a sum equal to the amount of fees actually collected during that quarter, to be collected by the prosecuting attorney of the county and paid into the common school fund of the county.

[Pre-Local Government Recodification Citation: 5-7-1-17.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.42.
Ind. Code § 36-7-15.3-14 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-14
Local public improvement; sale or nominal rental to authority
Status: in_force

Sec. 14. (a) The commission may lease for a nominal lease rental, or sell to the authority, one (1) or more local public improvements or portions thereof or land upon which a local public improvement is located or is to be constructed.

(b) Any lease of all or a portion of a local public improvement by the commission to the authority must be for a term equal to the term of the lease of that local public improvement back to the redevelopment commission.

(c) The commission may sell property to the authority for such amount as it determines to be in the best interest of the commission, which amount may be paid from the proceeds of bonds of the authority.

As added by P.L.84-1987, SEC.14.
Ind. Code § 36-7-38-10 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-10
Duties
Status: in_force

Sec. 10. (a) A land bank shall do the following:

(1) Maintain an inventory of real property held by the land bank.

(2) Develop policies, guidelines, and procedures for the acquisition, redevelopment, and disposition of property by and from the land bank. The policies, guidelines, and procedures developed under this subdivision must be formulated in plain language with the objective of being clearly understood.

(3) Make the information described in subdivisions (1) and (2) available for inspection:

(A) at the offices of the land bank during regular business hours; and

(B) on the land bank's Internet web site.

(4) Coordinate the land bank's activities with any land use plans that affect real property held by the land bank.

(b) If real property held by a county land bank is located in the territory of a municipality of the county, the county land bank shall offer to convey the real property to the municipality before the county land bank offers, or accepts an offer, to convey the real property to any other individual or entity. An offer to convey real property made by a county land bank to a municipality under this section expires sixty (60) days after the county land bank makes the offer, unless the county land bank and the municipality agree to another period.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-10-8-14 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-14
Revenue bonds; authority to issue; procedure
Status: in_force

Sec. 14. (a) A capital improvement may be financed in whole or in part by the issuance of revenue bonds payable solely out of the net income received from the operation of a capital improvement and from the tax revenues provided by law that are required by this chapter to be deposited in the capital improvement bond fund.

(b) If the board desires to finance a capital improvement in whole or in part as provided in this section, it shall adopt a resolution authorizing the issuance of revenue bonds. The resolution must state the date or dates on which the principal of the bonds will mature (not exceeding forty (40) years from the date of issuance), the maximum interest rate to be paid, and the other terms upon which the bonds will be issued.

(c) The board shall submit the resolution to the county executive, or, if the board was created under IC 18-7-18 (before its repeal on February 24, 1982), to the executive of the second class city, who shall review it. If the executive approves the resolution, then the board shall take all actions necessary to issue bonds in accordance with the resolution. The board may enter into a trust agreement with a trust company as trustee for the bondholders. An action to contest the validity of bonds to be issued under this section may not be brought after the fifteenth day following the receipt of bids for the bonds.

(d) The bonds shall be sold at public sale in accordance with IC 5-1-11. All bonds and interest are exempt from taxation in Indiana to the extent provided in IC 6-8-5.

(e) When issuing revenue bonds, the board may covenant with the purchasers of the bonds that any funds in the capital improvement fund may be used to pay the principal on, or interest of, the bonds that cannot be paid from money in the capital improvement bond fund.

(f) The revenue bonds may be made redeemable before maturity at the price or prices and under the terms that are determined by the board in the authorizing resolution. The board shall determine the form of bonds, including any interest coupons to be attached, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or outside Indiana. All bonds must have all the qualities and incidents of negotiable instruments under statute. Provision may be made for the registration of any of the bonds as to principal alone or to both principal and interest.

(g) The revenue bonds shall be issued in the board's name and must recite on the face that the principal of and interest on the bonds is payable solely from the net income received from the operation of the capital improvement or from the net income and other funds made available for this purpose. The bonds shall be executed by the manual or facsimile signature of the president of the board, and the seal of the county shall be affixed to them. The seal shall be attested by the manual or facsimile signature of the county auditor. Any coupons attached must bear the facsimile signature of the president of the board.

(h) This chapter constitutes full and complete authority for the issuance of revenue bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things by the board or any other officer, department, agency, or instrumentality of the state, the county, or any municipality is required to issue any revenue bonds except as may be prescribed in this chapter.

(i) Revenue bonds issued under this section are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under statute.

As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.3-1990, SEC.147; P.L.42-1993, SEC.99.
Ind. Code § 36-9-40-8 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-8
Filing of cost estimate by county engineer; limitation on entry into contract
Status: in_force

Sec. 8. (a) At least ten (10) days before the date fixed for a hearing under section 7 of this chapter, the engineer of the county shall file with the works board an estimate of the maximum cost of construction of the system proposed by the works board.

(b) A county may not enter into a contract under the preliminary resolution if the contract exceeds the engineer's estimate filed under subsection (a).

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-7-23-40 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-40
Conflict of interest disclosure
Status: in_force

Sec. 40. A member of the board or employee of the authority who has, will have, or later acquires an interest, direct or indirect, in a transaction with the authority shall immediately disclose the nature and extent of the interest in writing to the board as soon as the member or employee has knowledge of the actual or prospective interest.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-8-11-11 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-11
Addition of area to district; procedure
Status: in_force

Sec. 11. To add area to a fire protection district already established, the same procedure must be followed as is provided for the establishment of a district. The petition must be addressed to the legislative body of each county in which the district is located.

[Pre-Local Government Recodification Citation: 19-1-45-5.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.7.
Ind. Code § 36-7-7.6-2 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-2
"Commission"
Status: in_force

Sec. 2. As used in this chapter, "commission" means the northwestern Indiana regional planning commission established by section 3 of this chapter.

As added by P.L.165-2003, SEC.6.
Ind. Code § 36-7-23-56 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-56
Bonds exempt from taxation
Status: in_force

Sec. 56. All bonds issued under this chapter and the interest on the bonds are exempt from taxation in accordance with IC 6-8-5.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-8-19-1 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-1
Application of chapter
Status: in_force

Sec. 1. Except as provided in section 1.5 of this chapter, this chapter applies to any geographic area that is established as a fire protection territory.

As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.1; P.L.227-2005, SEC.50.
Ind. Code § 36-9-7-5 — Indiana Code / Title 36 / Article 9 / Chapter 7 / Section 36-9-7-5
Powers and duties of traffic engineer
Status: in_force

Sec. 5. The traffic engineer shall:

(1) conduct all research relating to the engineering aspects of the planning of:

(A) public ways;

(B) lands abutting public ways; and

(C) traffic operation on public ways;

for the safe, convenient, and economical transportation of persons and goods;

(2) advise the city executive in the formulation and execution of plans and policies resulting from the traffic engineer's research under subdivision (1);

(3) study all accident records, to which the traffic engineer has access at all times, in order to reduce accidents;

(4) direct the use of all traffic signs, traffic signals, and paint markings, except on streets traversed by state highways;

(5) recommend all necessary parking regulations;

(6) recommend the proper control of traffic movement; and

(7) if directed to do so by ordinance, supervise all employees engaged in activities described by subdivisions (3) through (6).

[Pre-Local Government Recodification Citations: 18-4-19-4 part; 18-4-19-5.]

As added by Acts 1981, P.L.309, SEC.80. Amended by P.L.127-2017, SEC.290.
Ind. Code § 36-5-1-9 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-9
Denied petition; resubmittal
Status: in_force

Sec. 9. This section applies only to a petition filed after June 30, 2013. A petition for incorporation may not be refiled within two (2) years after the date:

(1) the petition was denied under section 8(b)(2) of this chapter; or

(2) of the election at which a majority of voters voting on the public question vote "no" under section 8 of this chapter.

[Pre-Local Government Recodification Citation: 18-3-1-8 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.147-2013, SEC.6; P.L.5-2015, SEC.66.
Ind. Code § 36-8-26-4 — Indiana Code / Title 36 / Article 8 / Chapter 26 / Section 36-8-26-4
Meetings
Status: in_force

Sec. 4. (a) The chairperson is the presiding officer at the meetings of the board. The vice chairperson shall preside if the chairperson is unable to serve at a meeting of the board. The chairperson shall prepare, certify, and authenticate all proceedings, minutes, records, rules, and regulations of the board.

(b) The board has the general power to organize its work and to enforce and administer this chapter.

(c) After its initial meeting, the board meets at the call of the chairperson.

As added by P.L.103-2022, SEC.6.
Ind. Code § 36-7-32-29 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-29
Office of entrepreneurship and innovation report to budget committee
Status: in_force

Sec. 29. Before January 1, 2024, and before January 1 of each even-numbered year thereafter, the office shall submit a report to the budget committee that includes at least the following information for each certified technology park:

(1) The total number of businesses located in the certified technology park, including the specific number of businesses engaged in high technology activity in the certified technology park.

(2) The number of businesses described in subdivision (1) that have left the certified technology park and the locations to which the businesses moved.

(3) The number of employees of each business described in subdivision (1), and the average annual wage paid to those employees.

(4) The amount of capital investment that each business described in subdivision (1) has secured.

As added by P.L.105-2023, SEC.3. Amended by P.L.145-2025, SEC.19.
Ind. Code § 36-9-4-58 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-58
Regulation of department of state revenue; fares; operating expenses
Status: in_force

Sec. 58. (a) An urban mass transportation system operating under this chapter is considered a common carrier not operating under a franchise or contract granted by a municipality and not regulated by ordinance, and is subject to the authority of the department of state revenue under IC 8-2.1 to the same extent as any other common carrier. However, in determining the reasonableness of the fares and charges of such a system, the department of state revenue shall consider, among other factors, the policy of this chapter to foster and assure the development and maintenance of urban mass transportation systems, and it is not necessary that the operating revenues of the system be sufficient to cover the cost to the system of providing adequate service.

(b) If a public transportation corporation providing public transportation services in Marion County expands its service through a public transportation project authorized and funded under IC 8-25, the public transportation corporation shall establish fares and charges that cover at least twenty-five percent (25%) of the operating expenses of the urban mass transportation system operated by the public transportation corporation. For purposes of this subsection, operating expenses include only those expenses incurred in the operation of fixed route services that are established or expanded as a result of a public transportation project authorized and funded under IC 8-25. The public transportation corporation annually shall report on the corporation's compliance with this subsection not later than sixty (60) days after the close of the corporation's fiscal year. The report must include information on any fare increases necessary to achieve compliance. The public transportation corporation shall submit the report to the department of local government finance and make the report available electronically through the Indiana transparency Internet web site established under IC 5-14-3.8.

(c) If a public transportation corporation fails to prepare and disclose the annual report in the manner required by subsection (b), any person subject to a tax described in IC 8-25 may initiate a cause of action in the circuit court or superior court of the eligible county to compel the appropriate officials of the public transportation corporation to prepare and disclose the annual report not later than thirty (30) days after a court order mandating the public transportation corporation to comply with subsection (b) is issued by the circuit court or superior court.

As added by P.L.99-1989, SEC.36. Amended by P.L.153-2014, SEC.20; P.L.84-2016, SEC.185.
Ind. Code § 36-8-11-2 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Board" refers to the board of fire trustees of a fire protection district.

"Fiscal officer" means a bonded employee of the fire protection district charged with the faithful receipt and disbursement of the funds of the district.

"Freeholder" means an individual who holds land in fee, for life, or for some indeterminate period of time, whether or not in joint title.

"Interested person" includes a freeholder or corporation owning lands within the proposed or established fire protection district, a person whose property may be condemned or injured by the district, the proper officer of a municipality, an affected state agency, and all local plan commissions.

"Joint title" means joint tenancy, tenancy in common, or tenancy by the entireties.

"Primary county" refers to the county where the largest portion of a municipality is located if the municipality is located in two (2) counties.

"Secondary county" refers to the county where the smallest portion of a municipality is located if the municipality is located in two (2) counties.

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

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.2.
Ind. Code § 36-9-31-9 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-9
Special benefit tax; waste disposal district bonds; bids or proposals; hearing; resolution; remonstrances; waste disposal district bond fund
Status: in_force

Sec. 9. (a) The waste disposal district constitutes a special taxing district for the purpose of levying a special benefit tax for the purpose of providing the disposal of waste and the recovery of byproducts from waste.

(b) Whenever, upon investigation, the board determines that a facility or facilities for waste disposal is necessary for the public health and welfare, and that the construction, modification, or acquisition of the facility or facilities will be of public utility and benefit, the board may, upon approval of the city-county legislative body, issue waste disposal district bonds under this section for the payment of the cost of the facility.

(c) Before authorizing the waste disposal district bonds the board may either accept public bids for the facility or adopt a resolution approving a request for proposals all as provided in section 4 of this chapter.

(d) When plans and specifications have been prepared according to the public bidding requirements of IC 36-1-12, or a resolution adopted by the board approving a request for proposals, the board shall adopt a resolution declaring that, upon investigation, it has been found that it is necessary for the public health and welfare and will be of public utility and benefit to construct, modify, or acquire (and maintain where constructed) the facility or facilities and to acquire the property described for that purpose. The resolution shall be kept open to inspection by all persons interested in or affected by the acquisition of the property or the construction of the facility. Upon adoption of the resolution, the board shall give public notice of the adoption and its purpose, which notice must name a date not less than ten (10) days after the date of the last publication on which the board will receive or hear remonstrances from persons interested in or affected by the facility or facilities and will determine their public utility and benefit.

(e) At the time fixed for the hearing, or at any time before that, any person owning real or personal property within the waste disposal district may file a written remonstrance with the board. At the hearing, which may be adjourned from time to time, the board shall hear all persons interested in the proceedings and all remonstrances filed. After considering the remonstrances, the board shall take final action determining the public utility and benefit of the proposed proceedings and confirm, modify and confirm, or rescind the resolution, which final action shall be duly recorded. This action is final and conclusive upon all persons, except that any person who has remonstrated in writing and who is aggrieved by the decision of the board may take an appeal as provided in subsection (f).

(f) Any person who has filed a written remonstrance with the board as provided in subsection (e), in case the board takes final action confirming the resolution in its original or any modified form, is entitled to appeal to the superior court of the county. Within ten (10) days after the final action of the board, the remonstrator must file in the office of the clerk of the court a copy of the resolution of the board and the remonstrator's remonstrance, together with a surety bond conditioned to pay the costs of the appeal should the appeal be determined against the remonstrator. The only ground of remonstrance of which the court has jurisdiction on appeal is the question of whether it will be of public utility and benefit to construct, modify, or acquire the proposed facility, and the burden of proof is upon the remonstrator. The cause shall be summarily tried by the court without a jury. All remonstrances upon which an appeal are taken shall be consolidated and heard as one (1) cause of action by the court, and the cause shall be heard and determined by the court within thirty (30) days after the time of filing the appeal. Upon the date fixed for hearing, the court shall hear evidence upon the remonstrances and shall confirm the final action of the board on the resolution or sustain the remonstrance.

(g) Upon final action of the board, or court, confirming the resolution in its original or any modified form, all real or personal property located within the waste disposal district is subject to a special tax for the purpose of providing money to pay all or a part of the total cost of the acquisition, modification, or construction of the facility, which special tax is declared to constitute the amount of benefits resulting to all of the property in the district.

(h) For the purpose of raising money to pay the cost of the facility, and in anticipation of the special tax to be levied, the board shall, upon the approval of the legislative body, cause to be issued waste disposal district bonds in the name of the consolidated city in accordance with IC 36-3-5-8.

(i) On adopting a resolution ordering the issuance of waste disposal district bonds, the board, with legislative body approval, shall then certify a copy of the resolution and a copy of the approval to the fiscal officer of the consolidated city, who shall then prepare the bonds.

(j) The waste disposal district bonds are not, in any respect, a corporate obligation or indebtedness of the consolidated city, but constitute an indebtedness of the waste disposal district. The waste disposal district bonds, and interest on them, issued under this section are payable out of a special tax levied upon all of the property of the waste disposal district and any other revenues made available for that purpose under this chapter. The waste disposal district bonds must so recite these terms upon their face, together with the purpose for which they are issued.

(k) All proceeds from the sale of waste disposal district bonds shall be kept as a separate and specific fund, to pay the cost of the facility, and no part of the proceeds may be used for any other purpose. Any surplus remaining out of the proceeds of the waste disposal district bonds, after all of the cost is fully paid, shall be paid into and becomes a part of the waste disposal district bond fund; however, money derived from sources other than the waste disposal district bond proceeds, such as state or federal grants or other contributions, are not so restricted as to application regardless of whether the contribution arises for a project financed from waste disposal district bond proceeds.

(l) For the purpose of raising money to pay the waste disposal district bonds issued under this section, the city-county legislative body shall levy each year a special tax upon all the property of the waste disposal district in such amount and manner as to meet and pay the principal of the waste disposal district bonds as they severally mature, together with all accruing interest on them. The tax so levied each year shall be certified to the fiscal officers of the consolidated city and the county. The tax so levied and certified shall be estimated and entered upon the tax duplicate by the county auditor and shall be collected and enforced by the county treasurer in the same manner as county taxes are estimated, entered, collected and enforced. As the tax is collected by the county treasurer, it shall be accumulated and kept in a separate fund to be known as the waste disposal district bond fund, and shall be applied to the payment of the principal of and interest on the waste disposal district bonds as they become due and to no other purpose. In fixing the amount of the necessary levy the legislative body shall consider the amount of net revenues, if any, to be derived from the collection of fees under section 8 of this chapter or any other net revenues collected under this chapter above the amount of revenues necessary to be applied upon or reserved by or for the city for the operation, maintenance, and administrative expenses of the facilities. The board shall annually, in lieu of making the levy or to reduce the amount of the levy, set aside by resolution the amount of the net revenues to be collected before maturity of the principal and interest of the waste disposal district bonds payable in the following calendar year. If the board adopts this resolution, then it is unlawful for the board to use any part of the amount so set aside out of the net revenues for any purpose other than the payment of waste disposal district bonds and the interest on them. A proportionate payment of this amount shall be made to the waste disposal district bond fund monthly.

(m) The board may not issue waste disposal district bonds under this section, payable by special taxation for that purpose in a total amount, including outstanding bonds already issued, in an amount exceeding six percent (6%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15. All waste disposal district bonds issued in violation of this subsection are void.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.6-1997, SEC.230; P.L.127-2017, SEC.374.
Ind. Code § 36-7-15.6-8 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-8
"Special flood hazard property"
Status: in_force

Sec. 8. As used in this chapter, "special flood hazard property" means property that on January 1, 2018, is situated in a special flood hazard area as designated by the Federal Emergency Management Agency in which the mandatory purchase of flood insurance may apply.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-7-11.1-10 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-10
Certificate of appropriateness; determination of commission
Status: in_force

Sec. 10. (a) If the commission determines that the proposed construction, reconstruction, alteration, or demolition will be appropriate, the secretary of the commission shall forthwith issue to the applicant a certificate of appropriateness.

(b) The commission may impose any reasonable conditions, consistent with the historic preservation plan, upon the issuance of a certificate of appropriateness, including the requirement of executing and recording covenants or filing a maintenance or performance bond. If the commission determines that a certificate of appropriateness should not be issued, the commission shall forthwith place upon its records the reasons for the determination and may include recommendations respecting the proposed construction, reconstruction, alteration, or demolition. The secretary of the commission shall forthwith notify the applicant of the determination transmitting to the applicant an attested copy of the reasons and recommendations, if any, of the commission.

(c) A final determination of the commission upon an application for certificate of appropriateness is subject to judicial review in the same manner and subject to the same limitations as a final decision of a board of zoning appeals under IC 36-7-4. However, notwithstanding IC 36-7-4-1609, upon notice of the filing of the petition for judicial review, all proceedings and work on the subject premises are automatically stayed.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.126-2011, SEC.65.
Ind. Code § 36-7-23-45 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-45
Deposit of funds
Status: in_force

Sec. 45. All money of the authority, except as provided in this chapter, shall be deposited as soon as practicable in a separate account or accounts in one (1) or more financial institutions. The money in these accounts shall be paid on checks signed by the chair or other officers or employees of the authority or by wire transfer or other electronic means that the board authorizes. All deposits of money shall, if required by the board, be secured in a manner that the board determines to be prudent.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.127-2017, SEC.221.
Ind. Code § 36-9-36-33 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-33
Remonstrance hearings; final determination of assessments
Status: in_force

Sec. 33. (a) On the date fixed under section 32 of this chapter, the works board shall receive and hear all remonstrances from the owners of property described in the notice or the representatives of the owners.

(b) After the hearing, the works board shall sustain or modify the presumptive assessment as indicated on the assessment roll by confirming, increasing, or reducing the presumptive assessment against all or part of the property described in the roll. The works board's decision must be based on the works board's findings concerning the special benefits that the property has received or will receive on account of the improvement.

(c) If any property liable for assessment is initially omitted from the assessment roll or a presumptive assessment has not been made against the property, the works board may place on the assessment roll any special benefit that the omitted property has sustained or will sustain by the improvement.

(d) The aggregate amount of assessments approved by the works board under this section may not exceed the cost of the improvement and must be equal to the aggregate amount of special benefits determined by the board under section 10 of this chapter.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-27-33 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-33
Right of entry over private land; extension of spoil banks beyond right-of-way
Status: in_force

Sec. 33. (a) The county surveyor, the board, or an authorized representative of the surveyor or the board acting under this chapter has the right of entry over and upon land lying within seventy-five (75) feet of any regulated drain. The seventy-five (75) foot limit shall be measured at right angles to:

(1) the center line of any tiled drain; and

(2) the top edge of each bank of an open drain;

as determined by the surveyor.

(b) Spoil bank spreading resulting from the construction, reconstruction, or maintenance of an open drain may extend beyond the seventy-five (75) foot right-of-way if:

(1) the county surveyor finds that the extension is necessary; and

(2) the extension has been provided for in the engineer's report on the construction, reconstruction, or maintenance.

(c) All persons exercising the right given by this section shall, to the extent possible, use due care to avoid damage to crops, fences, buildings, and other structures outside of the right-of-way, and to crops and approved structures inside the right-of-way. The county surveyor shall give oral or written notice of the entry on the land to the property owner of record, and in the case of a municipality, to the executive of that municipality. The notice must state the purpose for the entry.

(d) The owners of land over which the right-of-way runs may use the land in any manner consistent with this chapter and the proper operation of the drain. Permanent structures may not be placed on any right-of-way without the written consent of the board. Temporary structures may be placed upon or over the right-of-way without the written consent of the board, but shall be removed immediately by the owner when so ordered by the board or by the county surveyor. Crops grown on a right-of-way are at the risk of the owner, and, if necessary in the reconstruction or maintenance of the drain, may be damaged without liability on the part of the surveyor, the board, or their representatives. Trees, shrubs, and woody vegetation may not be planted in the right-of-way without the written consent of the board, and trees and shrubs may be removed by the surveyor if necessary to the proper operation or maintenance of the drain.

(e) This subsection applies to new regulated drains established after September 1, 1984, and to urban drains. Except as provided in subsection (f), the board may reduce the seventy-five (75) foot right-of-way requirement of subsections (a) and (b) to any distance of not less than:

(1) twenty-five (25) feet from the top of each bank of an open ditch; and

(2) fifteen (15) feet from the center line of any tiled drain;

as measured at right angles.

(f) This subsection applies only to a platted subdivision. Upon the recommendation of the county surveyor, the board may further reduce the right-of-way for any tiled drain, including a tiled urban drain that was reduced under subsection (e)(2). However, the board shall not make a reduction that results in a right-of-way that is:

(1) less than seven (7) feet from each side of the center line as measured at right angles; or

(2) less than the recommendation made by the county surveyor.

(g) A reduction of a right-of-way under subsection (e) or (f) does not:

(1) affect a public utility's use of; or

(2) deprive a public utility of the use of;

the right-of-way if, at the time the right-of-way is reduced, the public utility is occupying and using the right-of-way for the location of the public utility's structures, including pipelines, electric lines, or any related structures.

(h) The surveyor, the board, or an authorized representative of the surveyor or the board acting under this chapter does not commit criminal trespass under IC 35-43-2-2.

[Pre-Local Government Recodification Citation: 19-4-6-1.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.3; P.L.76-1989, SEC.6; P.L.145-2013, SEC.1.
Ind. Code § 36-10-8-7 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-7
Additional powers
Status: in_force

Sec. 7. The board may hire architects, engineers, accountants, attorneys, and consultants in connection with the preparation of plans and specifications for a capital improvement and its financing, paying for it as provided under section 12 of this chapter. The acquisition of a site for a capital improvement, the adoption of plans and specifications, the advertising for bids, and the awarding of contracts for the erection or equipping of the capital improvement shall be done by the board under statutes governing these activities by cities or counties. Title to or interest in any property acquired shall be held in the board's name, and the board has complete and exclusive authority to sell, lease, or dispose of it and to execute all conveyances, leases, contracts, and other instruments in connection with it.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-9-36-25 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-25
Contractor's guarantee
Status: in_force

Sec. 25. (a) A contractor for an improvement must guarantee the contractor's workmanship and all materials used in the work.

(b) The guarantee required under subsection (a) must be in the following form:

"The contractor warrants the contractor's workmanship and all materials used in the work and agrees that during the guarantee period specified the contractor will at the contractor's own expense make all repairs that may become necessary by reason of improper workmanship or defective materials. The maintenance obligation, however, does not include repair of any damage resulting from any force or circumstance beyond the control of the contractor, nor is the contractor a guarantor of the plans and specifications furnished by the (county, city, or town).".

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-1.5-4-18 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-18
Preparation of reorganization plan; required elements
Status: in_force

Sec. 18. (a) A reorganization committee (before January 1, 2014) or the legislative bodies of the reorganizing political subdivisions (after December 31, 2013) shall prepare a comprehensive plan of reorganization for the reorganizing political subdivisions. The plan of reorganization governs the actions, duties, and powers of the reorganized political subdivision that are not specified by law.

(b) The plan of reorganization must include at least the following:

(1) The name and a description of the reorganized political subdivision that will succeed the reorganizing political subdivisions.

(2) A description of the boundaries of the reorganized political subdivision.

(3) Subject to section 40 of this chapter, a description of the taxing areas in which taxes to retire obligations of the reorganizing political subdivisions will be imposed.

(4) A description of the membership of the legislative body, fiscal body, and executive of the reorganized political subdivision, a description of the election districts or appointment districts from which officers will be elected or appointed, and the manner in which the membership of each elected or appointed office will be elected or appointed.

(5) A description of the services to be offered by the reorganized political subdivision and the service areas in which the services will be offered.

(6) The disposition of the personnel, the agreements, the assets, and, subject to section 40 of this chapter, the liabilities of the reorganizing political subdivisions, including the terms and conditions upon which the transfer of property and personnel will be achieved.

(7) Any other matter that the:

(A) reorganization committee (before January 1, 2014) determines or the legislative bodies of the reorganizing political subdivisions (after December 31, 2013) determine to be necessary or appropriate; or

(B) legislative bodies of the reorganizing political subdivisions require the reorganization committee (before January 1, 2014);

to include in the plan of reorganization.

(8) This subdivision applies only to a reorganization described in section 1(a)(7) of this chapter that is voted on by voters after December 31, 2013, regardless of when the plan of reorganization is adopted. The reorganization committee (before January 1, 2014) or the legislative bodies of the reorganizing political subdivisions (after December 31, 2013) shall include in the reorganization plan an approval threshold, specified as a percentage, that applies for purposes of section 32(b) of this chapter. The approval threshold must be the same for each municipality that is a party to the proposed reorganization and to each township that is a party to the proposed reorganization. The approval threshold must be greater than fifty percent (50%), but not more than fifty-five percent (55%).

(9) This subdivision applies only to a reorganization described in section 1(a)(7) of this chapter that is voted on by voters after December 31, 2013, regardless of when the plan of reorganization is adopted. The reorganization committee (before January 1, 2014) or the legislative bodies of the reorganizing political subdivisions (after December 31, 2013) shall determine and include in the reorganization plan the percentage of voters in both the municipality and the township voting on the public question regarding the proposed reorganization who must vote in favor of the proposed reorganization for the public question to be approved. This percentage is referred to in this chapter as the "municipality-township vote approval percentage". The municipality-township vote approval percentage must be greater than fifty percent (50%).

(10) In the case of a reorganization described in section 1(a)(9) of this chapter, the reorganization committee (before January 1, 2014) or the legislative bodies of the reorganizing political subdivisions (after December 31, 2013) shall include in the reorganization plan an approval threshold, specified as a percentage, that applies for purposes of section 32(c) of this chapter. The approval threshold must be the same for each municipality that is a party to the proposed reorganization and to the county that is a party to the proposed reorganization. The approval threshold must be greater than fifty percent (50%), but not more than fifty-five percent (55%).

(11) In the case of a reorganization described in section 1(a)(9) of this chapter, the reorganization committee (before January 1, 2014) or the legislative bodies of the reorganizing political subdivisions (after December 31, 2013) shall determine and include in the reorganization plan the percentage of voters voting on the public question regarding the proposed reorganization who must vote, on a countywide basis, in favor of the proposed reorganization for the public question to be approved. This percentage is referred to in this chapter as the "countywide vote approval percentage". The countywide vote approval percentage must be greater than fifty percent (50%).

(12) The fiscal impact analysis required by subsection (d).

(c) In the case of a plan of reorganization submitted to a political subdivision by a reorganization committee after June 30, 2010, and before January 1, 2014, or prepared by the legislative bodies of the reorganizing political subdivisions after December 31, 2013, the political subdivision shall post a copy of the plan of reorganization on an Internet web site maintained or authorized by the political subdivision not more than thirty (30) days after receiving the plan of reorganization from the reorganization committee (before January 1, 2014) or (after December 31, 2013) not more than thirty (30) days after the plan of reorganization is prepared by the legislative bodies of the reorganizing political subdivisions. If the plan of reorganization is amended, the political subdivision shall post the amended plan on the Internet web site maintained or authorized by the political subdivision within seven (7) days after the amended plan is adopted.

(d) The legislative bodies of the reorganizing political subdivisions preparing a reorganization plan after December 31, 2013, must include in the plan of reorganization a fiscal impact analysis of the proposed reorganization. The fiscal impact analysis must include at least the following:

(1) The estimated effect of the proposed reorganization on taxpayers in each of the political subdivisions to which the proposed reorganization applies, including the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments in those political subdivisions.

(2) A description of the planned services to be provided in the reorganized political subdivision and the method or methods of financing the planned services. The fiscal impact analysis must:

(A) present itemized estimated costs for each department or agency of the reorganized political subdivision; and

(B) explain how specific and detailed expenses will be funded from taxes, fees, grants, and other funding.

(3) A description of the capital improvements to be provided in the reorganized political subdivision and the method or methods of financing those capital improvements.

(4) Any estimated effects on political subdivisions in the county that are not participating in the reorganization and on taxpayers located in those political subdivisions.

(e) The legislative bodies of the reorganizing political subdivisions preparing a plan of reorganization after December 31, 2013, must submit the fiscal impact analysis described in subsection (d) to the department of local government finance at least three (3) months before the election in which the public question will be on the ballot. A legislative body of a reorganizing political subdivision may not adopt a plan of reorganization unless the legislative bodies of the reorganizing political subdivisions have submitted the fiscal impact analysis to the department of local government finance as required by this subsection. The department of local government finance must do the following within a reasonable time, but not later than thirty (30) days before the date of the election in which the public question will be on the ballot:

(1) Review the fiscal impact analysis.

(2) Make any comments concerning the fiscal impact analysis that the department considers appropriate.

(3) Provide the department's comments under subdivision (2) to the legislative body of the reorganizing political subdivisions.

(4) Post the department's comments under subdivision (2) on the department's Internet web site.

The department of local government finance shall certify to the legislative bodies of the reorganizing political subdivisions the total amount of expense incurred by the department in carrying out the department's review and preparing the department's comments. Upon receipt of the department's certification of the expenses, the reorganizing political subdivisions shall immediately pay to the treasurer of state the amount charged. The share of the cost to be paid by each reorganizing political subdivision shall be determined by the legislative bodies of the reorganizing political subdivisions. Money paid by a reorganizing political subdivision under this subsection shall be deposited in the state general fund.

As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010, SEC.110; P.L.202-2013, SEC.10; P.L.233-2015, SEC.335.
Ind. Code § 36-7-18-29 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-29
Housing projects; applicability of ordinances and regulations
Status: in_force

Sec. 29. All housing projects of a housing authority are subject to the applicable local ordinances and regulations regarding planning, zoning, sanitation, and building. In the planning and location of any housing project, an authority shall consider the relationship of the project to any larger plan or long-range program for the development of the area in which the authority functions.

[Pre-Local Government Recodification Citation: 18-7-11-13.]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-8-16.6-16 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-16
Audits of seller records
Status: in_force

Sec. 16. (a) A seller is subject to the same audit and appeal procedures with respect to the collection and remittance of 911 service prepaid wireless charges as with collection and remittance of the state gross retail tax under IC 6-2.5.

(b) An audit under subsection (a) must be conducted either:

(1) jointly by the department of state revenue and the board; or

(2) by an independent auditor engaged by the board to conduct a cost effective flat rate audit.

(c) If an independent auditor is engaged by the board under subsection (b)(2), the terms of the engagement may not:

(1) be of an indefinite term;

(2) include hourly or per diem fees; or

(3) include payment based on contingency.

As added by P.L.113-2010, SEC.151. Amended by P.L.181-2015, SEC.49; P.L.119-2024, SEC.11.
Ind. Code § 36-1-12.5-4 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-4
"Utility efficiency program" defined
Status: in_force

Sec. 4. As used in this chapter, "utility efficiency program" refers to an energy, a water, or a wastewater efficiency program that:

(1) includes a conservation measure;

(2) is established by a public utility (as defined in IC 8-1-8.7-2); and

(3) is undertaken pursuant to this chapter.

As added by P.L.24-1993, SEC.6. Amended by P.L.168-2006, SEC.10.
Ind. Code § 36-4-5-9 — Indiana Code / Title 36 / Article 4 / Chapter 5 / Section 36-4-5-9
Vacancy in office of executive
Status: in_force

Sec. 9. (a) The office of executive becomes vacant whenever the executive:

(1) dies, resigns, or is removed from office;

(2) ceases to be a resident of the city;

(3) is convicted of a felony, as provided in IC 5-8-1-38; or

(4) is unable to discharge the powers and duties of the executive's office for more than six (6) months.

(b) The vacancy shall be filled under IC 3-13-8.

As added by P.L.349-1983, SEC.2. Amended by P.L.5-1986, SEC.50; P.L.37-2008, SEC.3; P.L.127-2017, SEC.126.
Ind. Code § 36-10-9-16 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-16
Bond revenue; use
Status: in_force

Sec. 16. All money received from any bonds issued under this chapter shall be applied solely to the payment of the construction cost of the capital improvement or capital improvements or the cost of refunding or refinancing outstanding bonds or notes, for which the bonds are issued. The cost may include:

(1) planning and development of the capital improvement and all buildings, facilities, structures, and improvements related to it;

(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 operation;

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

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

(6) reserves for principal and interest and for operations, extensions, replacements, renovations, and improvements;

(7) interest during construction;

(8) financial advisory fees;

(9) insurance during construction;

(10) municipal bond insurance; and

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

As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.5-1988, SEC.223.
Ind. Code § 36-11-9-6 — Indiana Code / Title 36 / Article 11 / Chapter 9 / Section 36-11-9-6
Passage of ordinance; schedule of rates and charges available to public
Status: in_force

Sec. 6. (a) The ordinance establishing the initial rates and charges, either as:

(1) originally introduced; or

(2) modified and amended;

shall be passed and put into effect after the hearing. However, the governing body must approve any modification or amendment of the rates and charges.

(b) A copy of the schedule of the rates and charges established must be:

(1) kept on file in the office of the district; and

(2) open to public inspection.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-8-12-17 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-17-b
False alarm service charges
Status: in_force

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

Sec. 17. (a) If a political subdivision has not imposed its own false alarm fee or service charge, a volunteer fire department that provides service within the jurisdiction may establish a service charge for responding to false alarms. The volunteer fire department may collect the false alarm service charge from the owner of the property if the volunteer fire department dispatches firefighting apparatus or personnel to a building or premises in the township in response to:

(1) an alarm caused by improper installation or improper maintenance; or

(2) a drill or test, if the fire department is not previously notified that the alarm is a drill or test.

However, if the owner of property that constitutes the owner's residence establishes that the alarm is under a maintenance contract with an alarm company and that the alarm company has been notified of the improper installation or maintenance of the alarm, the alarm company is liable for the payment of the fee or service charge.

(b) Before establishing a false alarm service charge, the volunteer fire department must provide notice under IC 5-3-1-1.5 in each political subdivision served by the department of the amount of the false alarm service charge. The notice required by this subsection must be given:

(1) before the false alarm service charge is initiated; and

(2) before a change in the amount of the false alarm service charge.

(c) A volunteer fire department may not collect a false alarm service charge from a property owner or alarm company unless the department's bill for payment of the service charge:

(1) is submitted to the property owner in writing within thirty (30) days after the false alarm; and

(2) includes a copy of a fire incident report in the form prescribed by the state fire marshal.

(d) A volunteer fire department shall use the money collected from the false alarm service charge imposed under this section:

(1) for the purchase of equipment, buildings, and property for fire fighting, fire protection, or other emergency services;

(2) for deposit in the township firefighting and emergency services fund established under IC 36-8-13-4(a)(1) or the township firefighting fund established under IC 36-8-13-4(a)(2)(A); or

(3) to pay principal and interest on a loan made by the department of homeland security established by IC 10-19-2-1 or a division of the department for the purchase of new or used firefighting and other emergency equipment or apparatus.

(e) If at least twenty-five percent (25%) of the money received by a volunteer fire department for providing fire protection or emergency services is received under one (1) or more contracts with one (1) or more political subdivisions (as defined in IC 34-6-2.1-155), the legislative body of a contracting political subdivision must approve the false alarm service charge established under subsection (a) before the service charge is initiated in that political subdivision.

(f) A volunteer fire department that:

(1) has contracted with a political subdivision to provide fire protection or emergency services; and

(2) imposes a false alarm service charge under this section;

must submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of false alarm charges collected during the previous calendar year and how those funds have been expended.

(g) The volunteer fire department may maintain a civil action to recover unpaid false alarm service charges imposed under this section and may, if it prevails, recover all costs of the action, including reasonable attorney's fees.

As added by P.L.82-2001, SEC.2. Amended by P.L.107-2007, SEC.17; P.L.208-2011, SEC.3; P.L.236-2023, SEC.202; P.L.186-2025, SEC.259; P.L.157-2026, SEC.275.
Ind. Code § 36-4-3-3.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-3.1
Written fiscal plan
Status: in_force

Sec. 3.1. (a) This section does not apply to an annexation under section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter.

(b) A municipality shall develop and adopt a written fiscal plan and establish a definite policy by resolution of the legislative body that meets the requirements set forth in section 13 of this chapter.

(c) Except as provided in subsection (d) and section 5.2 of this chapter, the municipality shall establish and adopt the written fiscal plan before mailing the notification to landowners in the territory proposed to be annexed under section 2.2 of this chapter.

(d) In an annexation under section 5 or 5.1 of this chapter, the municipality shall establish and adopt the written fiscal plan before adopting the annexation ordinance.

As added by P.L.248-1999, SEC.3. Amended by P.L.217-1999, SEC.3; P.L.224-2001, SEC.3; P.L.70-2022, SEC.4.
Ind. Code § 36-1-20.2-7 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-7
"Member of the police department"
Status: in_force

Sec. 7. As used in this chapter, "member of the police department" means the police chief or a police officer appointed to the department.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-8-8-3 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-3
Participation by units; longevity increases; participation by airport authorities; participation by a school corporation or charter school
Status: in_force

Sec. 3. (a) If a town establishes a board of metropolitan police commissioners, or if a town becomes a city, the municipality shall participate in the 1977 fund and shall enroll all full-time police officers and firefighters in the 1977 fund. However, if a police officer or former marshal is a member of the public employees' retirement fund, the police officer or former marshal may continue as a member of that fund instead of the 1977 fund. Notwithstanding the age requirements under section 7(a) of this chapter, a police officer or former marshal employed by a municipality at the time the municipality enters the 1977 fund under this section shall be a member of the 1977 fund unless the municipality elects to require a police officer or former marshal to continue as a member of the public employees' retirement fund. A person may become a member of the 1977 fund under this subsection without meeting the age limitation under section 7(a) of this chapter only if the person satisfies:

(1) any aptitude, physical agility, or physical and mental standards established by a local board under IC 36-8-3.2; and

(2) the minimum standards that are:

(A) adopted by the system board under section 19 of this chapter; and

(B) in effect on the date the person becomes a member of the 1977 fund.

Credit for prior service of a person who becomes a member of the 1977 fund under this subsection shall be determined under section 18 or 18.1 of this chapter. No service credit beyond that allowed under section 18 or 18.1 of this chapter may be recognized under the 1977 fund.

(b) If a unit did not establish a 1937 fund for its firefighters, the unit may participate in the public employees' retirement fund or it may participate in the 1977 fund. If a unit established a 1937 fund for its firefighters, the unit is and shall remain a participant in the 1977 fund.

(c) A unit that:

(1) has not established a pension fund for its firefighters; or

(2) is participating in the public employees' retirement fund under subsection (b);

may participate in the 1977 fund upon approval by the fiscal body, notwithstanding IC 5-10.3-6-8. A unit that participates in the 1977 fund under this subsection must comply with section 21 of this chapter. However, the unit may elect to require a police officer or firefighter who is a member of the public employees' retirement fund to continue as a member of that fund instead of the 1977 fund.

(d) If a unit that participates in the 1977 fund provides longevity increases, the amount of the longevity increase provided in a year must be greater than or equal to the amount of the longevity increase provided in the previous year.

(e) An airport authority may participate in the 1977 fund. An airport authority that participates in the 1977 fund under this subsection must comply with section 21 of this chapter. However, the airport authority may elect to require a police officer or firefighter who is a member of the public employees' retirement fund to continue as a member of that fund instead of the 1977 fund.

(f) A school corporation or charter school that:

(1) employs a school resource officer; or

(2) enters into a contract or memorandum of understanding with a:

(A) local law enforcement agency;

(B) private entity; or

(C) nonprofit corporation;

to employ a school resource officer;

may participate in the 1977 fund. A school corporation or charter school that participates in the 1977 fund under this subsection or subsection (g) must comply with section 21.5 of this chapter. However, the school corporation or charter school may elect to require a school resource officer who is a member of the public employees' retirement fund to continue as a member of that fund instead of the 1977 fund.

(g) A school resource officer hired or rehired after June 30, 2024, who is a member of the 1977 fund shall remain in the 1977 fund.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-17.8-16 part; subsection (b) formerly 19-1-36.5-16 part.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.313-1989, SEC.1; P.L.213-1995, SEC.6; P.L.236-1996, SEC.6; P.L.101-1998, SEC.1; P.L.195-1999, SEC.32; P.L.35-2012, SEC.115; P.L.130-2015, SEC.2; P.L.103-2021, SEC.4; P.L.85-2022, SEC.4; P.L.102-2023, SEC.8; P.L.135-2024, SEC.10; P.L.104-2026, SEC.23.
Ind. Code § 36-3-4-13 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-13
Ordinance or resolution; public hearing requirement
Status: in_force

Sec. 13. (a) The city-county legislative body need not hold a hearing before passing any ordinance, except an ordinance that:

(1) provides for the annual budget and tax levy;

(2) appropriates previously unappropriated monies; or

(3) provides for any general obligation indebtedness.

(b) Whenever a legislative body is required by statute to hold a public hearing before passing an ordinance or resolution, a hearing held by a committee of the legislative body meets the requirement.

[Pre-Local Government Recodification Citation: 18-4-5-2(b) part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-10-9.5-18 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-18
Tax exemptions
Status: in_force

Sec. 18. All:

(1) property owned by the board;

(2) property leased to or by the board; and

(3) income and revenues received by the board;

are exempt from special assessments and taxation in Indiana for all purposes.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-9-11.1-15 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-15
Revenue bonds; issuance; proceeds
Status: in_force

Sec. 15. (a) If the consolidated city desires to obtain all or a part of the money necessary to pay the cost of any parking facility or facilities by the issuance of revenue bonds, then bonds to carry out the purposes of this chapter may be authorized by ordinance of the legislative body. The ordinance must set out the amount, date, denominations, terms, conditions, and form of the bonds and the interest coupons, and any covenants relative to safeguarding the interest of the bondholders. The ordinance must specify in detail the revenues pledged to the payment of the interest on and the principal of the bonds and may contain provisions for the issuance of additional bonds of equal priority or junior and subordinate from time to time under restrictions set forth in the ordinance.

(b) Upon the sale and delivery of the bonds authorized, the ordinance constitutes a contract between the city and the bondholders, and may not be amended so as to affect adversely the rights of the holders of the bonds.

(c) In case different parcels of land, buildings, or air rights are to be acquired or more than one (1) parking facility is to be constructed or more than one (1) contract for work is let by the board at approximately the same time, whether under one (1) or more declaratory resolutions, the ordinance may provide for the total cost of them by bonds of the same series. If the cost of construction of more than one (1) parking facility is financed from the same issue or series of bonds, all of the parking facilities shall be considered as a single parking facility for the purposes of this chapter with regard to the custody, application, and accounting of funds and remedies upon default.

(d) The revenue bonds may bear interest at a rate not exceeding the maximum rate fixed by the ordinance, payable semiannually, may be payable in such amounts and at such times, not exceeding fifty (50) years from the date of issuance, at such place or places, either within or without Indiana, and may be redeemable before maturity on such terms and conditions, all as determined by the board and provided in the authorizing resolution.

(e) In case any of the officers whose signatures or countersignatures appear on the bonds or the coupons cease to be officers before the delivery of the bonds to the purchaser, the signatures or countersignatures are nevertheless valid and sufficient for all purposes as if the officers had remained in office until the delivery of the bonds.

(f) The authorizing ordinance may provide for the redemption of the bonds on call, before maturity, on terms as set out in the ordinance and the bonds, and may include such provisions and covenants relative to the operation, protection, and insuring of the parking facility and the safeguarding of funds and rights of the bondholders as the board considers expedient.

(g) The bonds of the same series may be in one (1) or more issues of the same or different priorities, as stated in the authorizing ordinance and on the face of the bonds, and are payable from the net revenues derived from the operation of the parking facility or facilities on account of which the bonds of that series are issued, from net revenues derived from other parking facilities, of the on-street parking meters or parking mechanisms pledged as authorized in this chapter, or from the proceeds derived from the disposition of the parking facility or facilities. The bonds constitute a charge on these revenues, or a lien on the property acquired from the proceeds of the bonds, or both, to the extent and with such priority as may be provided in the authorizing resolution and expressly stated in the bonds.

(h) All bonds issued under this chapter, in the hands of bona fide holders, have all of the qualities of negotiable instruments under negotiable instruments law. The bonds and the interest on them are exempt from taxation as provided by IC 6-8-5.

(i) Unless registered, the bonds are payable to bearer, and the interest payable shall be evidenced by attached coupons. The bonds may be registerable as to principal only in the holder's name on the records of the city kept by the city fiscal officer. This registration shall be noted on the bond by the fiscal officer or other designated officer, after which no transfer is valid unless made on the books of the city by the registered holder and similarly noted on the bond. Any bond so registered as to principal may be discharged from registration by being transferred to bearer, after which it is transferable by delivery, but may again be registered as to principal as before. The registration of bonds as to principal does restrict the negotiability of the interest coupons by delivery only.

(j) Notwithstanding any other law, the authorizing resolution or ordinance may provide for a pledge of all or a certain designated part of the gross or net revenues derived from:

(1) other parking facilities, on-street parking meters, and parking mechanisms;

(2) parking and traffic violation fines and fees;

(3) lease rentals in connection with any parking facilities;

(4) private pledges and contributions; and

(5) any federal and state grants and distributions not dedicated or restricted by law to other purposes, to the payment of principal of and interest on revenue bonds issued or to be issued under this chapter and the accumulation and maintenance of the reserve for them, to the extent and in the manner provided in the resolution or ordinance authorizing the issuance of the bonds.

If such a pledge is made, it is irrevocable so long as any of the bonds on account of which the pledge is made are outstanding, and the pledge takes precedence over any budget provision or appropriation payable out of unobligated revenues so pledged where the provision or appropriation is made after the authorization of the pledge by the legislative body.

(k) So long as the net revenues derived from other parking facilities, on-street parking meters, or parking mechanisms are not needed for the payment of any pledge made under this section, the city may use and expend those revenues as otherwise authorized by law. The city may not make any covenant relative to the number or location of the parking meters to be maintained by it in and along its public ways.

(l) Any bonds may be sold at public or private sale for such price or prices, in such manner, and at such time or times as may be determined by the board. The bonds must be executed in the name of the city, as other bonds of the city are executed. Each bond must state on its face that it does not constitute an obligation of the city in any respect, or within the meaning and limitations of the constitution of Indiana, but is payable solely from the revenue funds or property pledged to it. Each bond must contain a reference to the authorizing resolution or ordinance and the date of its adoption.

(m) An action to question the validity of any bonds issued under this chapter, or to prevent their issuance, sale, or delivery, must be brought within thirty (30) days following the adoption of the ordinance approving the bonds. All such bonds after that time are incontestable, except for fraud, forgery, or violation of constitutional provisions.

(n) Bonds may be issued under this chapter for the purpose of providing money to pay the cost of completing, improving, or enlarging any parking facility or facilities acquired under this chapter and also for the purpose of funding judgments or refunding bonds previously issued under this chapter.

(o) Preliminary expenses advanced by any person or governmental agency may be reimbursed from the proceeds of the bonds. The proceeds of the bonds of each issue after reimbursement shall be used solely for the payment of the cost of the parking facility or facilities on account of which the bonds were issued, including incidental expenses and interest, and shall be disbursed in such manner and under such restrictions, if any, as the board may provide in the resolution or the legislative body may provide in the ordinance authorizing the issuance of the bonds.

(p) If the proceeds of the bonds of any issue, by error of estimates or otherwise, are less than the cost, additional bonds may in like manner be issued to provide the amount of the deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds, the additional bonds shall be considered to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue exceed the cost of the parking facility or facilities on account of which they have been issued, the surplus shall be deposited in the fund or account from which the bonds are payable.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-7-34-2 — Indiana Code / Title 36 / Article 7 / Chapter 34 / Section 36-7-34-2
"Technology park"
Status: in_force

Sec. 2. As used in this chapter, "technology park" refers to a certified technology park established under IC 36-7-32.

As added by P.L.203-2005, SEC.16.
Ind. Code § 36-8-2.2-7 — Indiana Code / Title 36 / Article 8 / Chapter 2.2 / Section 36-8-2.2-7
Contracts executed before July 1, 2017
Status: in_force

Sec. 7. This chapter does not affect a contract executed or renewed before July 1, 2017.

As added by P.L.140-2017, SEC.1.
Ind. Code § 36-7-22-20 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-20
Disposal of assets and liabilities upon repeal of ordinance
Status: repealed

Sec. 20. If the ordinance that established an economic improvement district is repealed, the assets and liabilities of the economic improvement district shall be disposed of in the manner determined by the unit. However, liabilities incurred by the economic improvement district are not an obligation of the unit and are payable only from the special assessments and other revenues of the district.

As added by P.L.195-1988, SEC.1.
Ind. Code § 36-4-1-2.1 — Indiana Code / Title 36 / Article 4 / Chapter 1 / Section 36-4-1-2.1
Certain localities governed as cities; validation of elections, contracts, acts, and official proceedings
Status: in_force

Sec. 2.1. Any locality that has elected city officers, and has governed itself as a city, for at least ten (10) years immediately preceding September 1, 1981, is a city for all purposes. All elections, contracts, acts, and other official proceedings of such a locality that occurred before September 1, 1981, and would have been valid if the locality had been a city, are legalized and validated.

As added by Acts 1981, P.L.44, SEC.38.
Ind. Code § 36-7-11.5-3.5 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-3.5
Orange County development commission
Status: in_force

Sec. 3.5. (a) The Orange County development commission is established.

(b) The development commission consists of the following members:

(1) An individual appointed by the legislative body of Orange County.

(2) An individual appointed by the legislative body of the town of French Lick.

(3) An individual appointed by the legislative body of the town of West Baden.

(4) An individual appointed by the legislative body of the town of Paoli.

(5) An individual appointed by the legislative body of the town of Orleans.

(6) A nonvoting member appointed by the governor.

(c) The members of the development commission shall each serve for a term of three (3) years. A vacancy shall be filled for the duration of the term by the original appointing authority.

(d) Each member of the development commission must, before beginning the discharge of the duties of the member's office, do the following:

(1) Take an oath that the member will faithfully execute the duties of the member's office according to Indiana law and rules adopted under Indiana law.

(2) Provide a bond to the state:

(A) for twenty-five thousand dollars ($25,000); and

(B) that is, after being executed and approved, recorded in the office of the secretary of state.

(e) A member of the development commission is not entitled to a salary per diem. However, a member is entitled to reimbursement for travel expenses incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.

(f) An individual who is an employee of a county or town described in subsection (b) may not be appointed to the development commission until at least three (3) years after the date the individual's employment with the county or town is terminated.

(g) An individual who is a member of any other board serving a county or town described in subsection (b) may not be appointed to the development commission until at least three (3) years after the date the individual's membership on the board expires.

(h) An individual who is:

(1) employed by the hotel riverboat resort or an affiliated business;

(2) contracted or hired to perform a service for the hotel riverboat resort or an affiliated business; or

(3) engaged in any other form of a business relationship with the hotel riverboat resort or an affiliated business;

may not be appointed to the development commission until at least three (3) years after the date on which the individual's employment or business relationship with the hotel riverboat resort or an affiliated business is terminated.

As added by P.L.234-2007, SEC.283.
Ind. Code § 36-7-15.5-4 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-4
"Improvement and maintenance project" defined
Status: in_force

Sec. 4. As used in this chapter, "improvement and maintenance project" refers to activities that are authorized by section 5 of this chapter to be carried out within or in support of an improvement and maintenance district.

As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.43.
Ind. Code § 36-8-18-2 — Indiana Code / Title 36 / Article 8 / Chapter 18 / Section 36-8-18-2
Bonds or notes to relocate animal control center
Status: in_force

Sec. 2. The city-county legislative body may issue bonds or notes to relocate, acquire, construct, and equip an animal control center if relocation of an existing center is, in the discretion of the works board, necessary or desirable to operate any existing or planned public works.

As added by P.L.37-1988, SEC.27.
Ind. Code § 36-10-9.1-1 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each county having a consolidated city.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-9-11.1-14 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-14
Funds for expenses of department before issuance of bonds or receipt of revenues
Status: in_force

Sec. 14. (a) All expenses to be incurred by the department, necessary to be paid before the issuance of bonds or the receipt of revenues by the department, shall be met and paid in the following manner:

(1) The board shall from time to time certify an estimate of the maximum amount of the items of expense to the fiscal officer of the consolidated city, who shall report whether any funds for payment are available.

(2) If so available, and when set aside for that purpose, the board may authorize expenses within the maximum amounts, and shall direct the fiscal officer to pay the amounts, as incurred.

(3) The fiscal officer shall then draw warrants for payment, which shall be paid out of any available general funds of the city not already appropriated, without special appropriation being made by and without the approval of any other body.

(4) In case there are no unappropriated and available general funds of the city, the fiscal officer may recommend to the legislative body a temporary transfer, from any other funds of the city that may be available, of a sufficient amount to meet the items of expense, or the making of a temporary loan for that purpose, and the legislative body shall make the transfer of funds or authorize a temporary loan, in the same manner as other transfers or temporary loans are made by the city.

(b) The amount advanced by the city under subsection (a)(4) and outstanding at any time may not exceed one hundred fifty thousand dollars ($150,000), and the fund or funds of the city from which an advancement is made shall be fully reimbursed and repaid by the board out of the first proceeds of bonds issued under this chapter, or out of revenues of the department when revenues are sufficient for that purpose. Any funds so repaid shall be considered appropriated and shall be credited to whatever fund, or funds, they were withdrawn from for the advances. No part of the funds advanced by the city at any time may be used for the acquisition of any property or its improvement or for the payment of any bonds.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-7-4-1001 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1001
Remedies and enforcement; stay of proceedings and work on premises affected pending appeal to board of zoning appeals
Status: in_force

Sec. 1001. (a) When an appeal from the decision of an official or board has been filed with the board of zoning appeals, proceedings and work on the premises affected shall be stayed unless the official or board certifies to the board of zoning appeals that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In that case, proceedings or work may not be stayed except by a restraining order.

(b) After notice to the officer or board and to the owner of the premises affected and after due cause is shown, the circuit or superior court of the county in which the premises affected are located may grant the restraining order.

[Pre-Local Government Recodification Citations: 18-7-2-74; 18-7-4-1001; 18-7-4-81; 18-7-5-85.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.53.
Ind. Code § 36-7-18-22 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-22
Availability of housing; national defense activities; major disasters
Status: in_force

Sec. 22. (a) Notwithstanding any statute regarding rentals of, preferences or eligibility for admissions to, or occupancy of dwellings in housing projects, during the period that a housing authority finds that there is an acute need for housing to assure the availability of dwellings for persons engaged in national defense activities or for victims of a major disaster, it may:

(1) undertake the development and administration of housing projects for the federal government;

(2) make dwellings in any of its housing projects available to persons engaged in national defense activities or to victims of a major disaster; and

(3) contract with any governmental entity for advance payment or reimbursement for the furnishing of housing to victims of a major disaster, including the furnishing of housing free of charge for needy disaster victims during the period of acute need.

(b) For purposes of this section, persons engaged in national defense activities are:

(1) persons in the armed forces of the United States;

(2) employees of the department of defense;

(3) workers engaged or to be engaged in activities connected with national defense; and

(4) the families of these persons, employees, and workers who reside with them.

(c) For purposes of this section, a major disaster is a flood, drought, fire, hurricane, earthquake, storm, or other catastrophe that, as determined by the fiscal body that established the housing authority, is of sufficient severity and magnitude to warrant the use of available resources of the federal, state, and local governments to alleviate the resulting damage, hardship, and suffering.

[Pre-Local Government Recodification Citations: 18-7-11-3(p); 18-7-11-3(q); 18-7-11-8(h).]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-1-9.5-19 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-19
Qualification requirement; notice; prequalification by department of transportation
Status: in_force

Sec. 19. (a) An entity may require a bidder on a contract described in section 1 of this chapter to be qualified under this chapter. If an entity determines that bidders on a contract must be qualified under this chapter, the entity shall provide notice of the qualification requirement in the public notice stating that bids will be accepted for the contract. The entity shall advertise ninety (90) days before the expected bid date the fact that the entity has determined that bidders on a contract must be qualified under this chapter. If an entity determines that qualification is required under this chapter for a particular contract, it is unlawful for the entity to award a contract to a person other than a bidder previously qualified in compliance with this chapter.

(b) A bidder who is qualified by the Indiana department of transportation (IC 8-23-2-1) is qualified under this chapter. Such a bidder is not required to obtain a certificate of qualification from an entity in order to bid on a contract that is described in section 1 of this chapter.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-13-4 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-4
Industrial development fund; tax levy
Status: reserved

Sec. 4. (a) To provide money for the purposes set forth in section 3 of this chapter, the unit shall create a special revolving fund to be known as the industrial development fund, into which any available and unappropriated money of the unit may be transferred by the unit's legislative body.

(b) The legislative body may also by ordinance levy a tax not to exceed one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed value of all personal and real property within its jurisdiction. The proceeds of this tax shall be deposited in the industrial development fund. The unit may collect the tax as other municipal or county taxes are collected, or may set up a system for the collection and enforcement of the tax in the unit. Money in the industrial development fund may be used for any purpose authorized by this chapter and may be pledged for the payment of principal and interest on bonds or other obligations issued under this chapter.

[Pre-Local Government Recodification Citation: 18-7-14-4.]

As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.77; P.L.262-1993, SEC.3; P.L.6-1997, SEC.208; P.L.125-1998, SEC.10; P.L.125-1998, SEC.11; P.L.203-2005, SEC.8.
Ind. Code § 36-8-10-6 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-6
Emergencies; appointment of additional deputies and assistants
Status: in_force

Sec. 6. (a) A sheriff may appoint additional deputy sheriffs or assistants if an emergency arises that requires them for:

(1) promoting public safety and conserving the peace;

(2) repressing, preventing, and detecting crime; and

(3) apprehending criminals.

(b) The county executive shall determine the number and salaries of deputy sheriffs or assistants to be appointed in an emergency. The executive shall provide compensation and necessary expenses for them from the general fund of the county without a specific appropriation. Expenses shall be paid after the appointed persons file sworn vouchers with the executive detailing their expenses.

(c) The deputies or assistants have the same powers that sheriffs have under statute.

(d) The deputy sheriffs or assistants must have been bona fide residents of the county for at least one (1) year before their appointment. This subsection does not apply to a county having a consolidated city.

(e) When the emergency ends, the county executive may reduce the number of deputy sheriffs or assistants to the number that the circumstances require for the public welfare.

[Pre-Local Government Recodification Citation: 17-3-6-1.]

As added by Acts 1981, P.L.309, SEC.61.
Ind. Code § 36-7-11-7 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-7
Approval of maps of historic districts
Status: in_force

Sec. 7. The map setting forth the historic district boundaries and building classifications must be submitted to, and approved in an ordinance by, the legislative body of the unit before the historic district is established and the building classifications take effect.

[Pre-Local Government Recodification Citation: 18-7-22-4 part.]

As added by Acts 1981, P.L.309, SEC.30.
Ind. Code § 36-7-9-17 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-17
Civil actions regarding unsafe premises; treble damages under second or subsequent judgment
Status: in_force

Sec. 17. (a) The department, acting through its enforcement authority, a person designated by the enforcement authority, or a community organization may bring a civil action regarding unsafe premises in the circuit, superior, or municipal court of the county. The department is not liable for the costs of such an action. The court may grant one (1) or more of the kinds of relief authorized by sections 18 through 22 of this chapter.

(b) A civil action may not be initiated under this section before the final date of an order or an extension of an order under section 5(c) of this chapter requiring:

(1) the completion; or

(2) a substantial beginning toward accomplishing the completion;

of the required remedial action.

(c) A community organization may not initiate a civil action under this section if:

(1) the enforcement authority or a person designated by the enforcement authority has filed a civil action under this section regarding the unsafe premises; or

(2) the enforcement authority has issued a final order that the required remedial action has been satisfactorily completed.

(d) A community organization may not initiate a civil action under this section if the real property that is the subject of the civil action is located outside the specific geographic boundaries of the area defined in the bylaws or articles of incorporation of the community organization.

(e) At least sixty (60) days before commencing a civil action under this section, a community organization must issue a notice by certified mail, return receipt requested, that:

(1) specifies:

(A) the nature of the alleged nuisance;

(B) the date the nuisance was first discovered;

(C) the location on the property where the nuisance is allegedly occurring;

(D) the intent of the community organization to bring a civil action under this section; and

(E) the relief sought in the action; and

(2) is provided to:

(A) the owner of record of the premises;

(B) tenants located on the premises;

(C) the enforcement authority; and

(D) any person that possesses an interest of record.

(f) In any action filed by a community organization under this section, a court may award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the prevailing party.

(g) If a second or subsequent civil judgment is entered under this section:

(1) against an owner of a known or recorded fee interest, life estate, or equitable interest as a contract purchaser of property; and

(2) during any two (2) year period;

a court may order the owner to pay treble damages based on the costs of the ordered action. The second or subsequent civil judgment may relate to the same property or a different property held by the owner.

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

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.31-1994, SEC.15; P.L.177-2003, SEC.7; P.L.88-2009, SEC.10.
Ind. Code § 36-6-4-7 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-7
Purchases; written order; warrant; violation; liability
Status: in_force

Sec. 7. (a) Each purchase for the township by the executive must be made on written order of the executive, certifying that sufficient funds have been appropriated to pay the full price of the purchase. The executive shall issue a warrant and pay for the purchase not later than receipt of the county treasurer's first semiannual distribution following the purchase.

(b) An executive who violates this section commits a Class C infraction and is liable on the executive's official bond for the value of the purchase.

[Pre-Local Government Recodification Citations: 17-4-14-1; 17-4-14-2.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.154.
Ind. Code § 36-10-10-32 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-32
Board of managers; controller and assistant controller; duties
Status: in_force

Sec. 32. (a) The city controller shall serve as controller of the board of managers and is the official custodian of all funds and assets of the board of managers for proper safeguarding and accounting. The controller shall, with the approval of the board of managers, appoint an assistant controller to act as auditor for the board of managers.

(b) The assistant controller is the official custodian of all books of account and other financial records of the board of managers and has the other powers and duties that are delegated by the city controller and the lesser powers and duties that the board of managers prescribes. The assistant controller, and any other employee or member of the board of managers authorized to receive, collect, or expend money, shall give bond for the faithful performance and discharge of all duties required of the assistant controller, employee, or board member in an amount and with surety and other conditions that are prescribed and approved by the board of managers.

(c) The assistant controller shall keep an accurate account of:

(1) all money due the convention center and the board of managers; and

(2) all money received, invested, and disbursed;

in accordance with generally recognized governmental accounting principals and procedures. All accounting forms and records shall be prescribed or approved by the state board of accounts. The assistant controller shall issue all warrants for the payment of money from the funds of the board of managers in accordance with procedures prescribed by the board of managers, but a warrant may not be issued for the payment of any claim until an itemized and verified statement of the claim has been filed with the controller, who may require evidence that all amounts claimed are justly due. All warrants shall be countersigned by the city controller or by the executive manager. Payroll and similar warrants may be executed with facsimile signatures.

(d) If the board of managers or the city has entered into any agreement to lease convention center facilities from the civic center building authority, the controller or assistant controller shall pay the lease rental to the authority within a reasonable period before the date on which principal or interest on any bonds outstanding issued under this chapter becomes due. The assistant controller shall submit to the board of managers at least annually a report of the assistant controller's accounts exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and receipts were derived and the purpose and manner in which the disbursements were made. The board of managers may require that the report be prepared by a designated, independent certified public accountant. Handling and expenditure of funds is subject to audit and supervision by the state board of accounts.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.127-2017, SEC.391.
Ind. Code § 36-1-12.5-5 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-5
Agreements to participate in programs or enter into contracts; necessary findings, notice, and provisions
Status: in_force

Sec. 5. (a) The governing body may enter into an agreement with a public utility to participate in a utility efficiency program or enter into a guaranteed savings contract with a qualified provider to increase the political subdivision's billable revenues or reduce the school corporation's or the political subdivision's energy or water consumption, wastewater usage costs, or operating costs if, after review of the report described in section 6 of this chapter, the governing body finds:

(1) in the case of conservation measures other than those that are part of a project related to the alteration of a water or wastewater structure or system, that the amount the governing body would spend on the conservation measures under the contract and that are recommended in the report is not likely to exceed the amount to be saved in energy consumption costs and other operating costs over twenty (20) years from the date of installation if the recommendations in the report were followed;

(2) in the case of conservation measures that are part of a project related to the alteration of a water or wastewater structure or system, that the amount the governing body would spend on the conservation measures under the contract and that are recommended in the report is not likely to exceed the amount of increased billable revenues or the amount to be saved in energy and water consumption costs, wastewater usage costs, and other operating costs over twenty (20) years from the date of installation if the recommendations in the report were followed; and

(3) in the case of a guaranteed savings contract, the qualified provider provides a written guarantee as described in subsection (d)(3).

(b) Before entering into an agreement to participate in a utility efficiency program or a guaranteed savings contract under this section, the governing body must publish notice under subsection (c) indicating:

(1) that the governing body is requesting public utilities or qualified providers to propose conservation measures through:

(A) a utility efficiency program; or

(B) a guaranteed savings contract; and

(2) the date, the time, and the place where proposals must be received.

(c) The notice required by subsection (b) must be published two (2) times with at least one (1) week between publications:

(1) with each publication of notice in accordance with IC 5-3-1-1 in two (2) newspapers of general circulation in the county where the school corporation or the political subdivision is located; or

(2) with the first publication of notice in the newspapers described in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web site of the school corporation or the political subdivision.

The second publication must be made at least thirty (30) days before the date by which proposals must be received.

(d) An agreement to participate in a utility efficiency program or guaranteed savings contract under this section must provide that:

(1) in the case of conservation measures other than those that are part of a project related to the alteration of a water or wastewater structure or system, all payments, except obligations upon the termination of the agreement or contract before the agreement or contract expires, may be made to the public utility or qualified provider (whichever applies) in installments, not to exceed the lesser of twenty (20) years or the average life of the conservation measures installed from the date of final installation;

(2) in the case of conservation measures that are part of a project related to the alteration of a water or wastewater structure or system, all payments, except obligations upon the termination of the agreement or contract before the agreement or contract expires, may be made to the public utility or qualified provider (whichever applies) in installments, not to exceed the lesser of twenty (20) years or the average life of the conservation measures installed from the date of final installation;

(3) in the case of the guaranteed savings contract:

(A) the:

(i) savings in energy and water consumption costs, wastewater usage costs, and other operating costs; and

(ii) increase in billable revenues;

due to the conservation measures are guaranteed to cover the costs of the payments for the measures; and

(B) the qualified provider will reimburse the school corporation or political subdivision for the difference between the guaranteed savings and the actual savings; and

(4) payments are subject to annual appropriation by the fiscal body of the school corporation or political subdivision and do not constitute an indebtedness of the school corporation or political subdivision within the meaning of a constitutional or statutory debt limitation.

As added by P.L.24-1993, SEC.6. Amended by P.L.212-1995, SEC.2; P.L.208-1995, SEC.7; P.L.168-2006, SEC.11; P.L.71-2009, SEC.6; P.L.99-2009, SEC.5; P.L.252-2015, SEC.45; P.L.152-2021, SEC.37.
Ind. Code § 36-9-2-1 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all units except townships.

[Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]

As added by Acts 1980, P.L.211, SEC.4. Amended by P.L.182-2009(ss), SEC.444; P.L.119-2012, SEC.223; P.L.121-2016, SEC.34.
Ind. Code § 36-7-4-1605 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1605
Timeliness of petition for review
Status: in_force

Sec. 1605. A petition for review is timely only if the petition for review is filed not later than thirty (30) days after the date of the zoning decision that is the subject of the petition for judicial review.

As added by P.L.126-2011, SEC.52.
Ind. Code § 36-7-4-607 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-607
Procedures for amending or partially repealing text of zoning ordinance; area planning and metropolitan development
Status: in_force

Sec. 607. (a) AREA-METRO. This section applies to a proposal, as described in section 602(b) of this chapter, to amend or partially repeal the text (not zone maps) of the zoning ordinance.

(b) AREA. If the proposal is initiated by a participating legislative body instead of the plan commission, the proposal must be referred to the commission for consideration and recommendation before any final action is taken by the legislative body.

(c) AREA-METRO. On receiving or initiating the proposal, the commission shall, within sixty (60) days, hold a public hearing in accordance with section 604 of this chapter. The commission shall vote on the proposal not later than sixty (60) days after the commission holds the public hearing. Within ten (10) business days after the commission determines its recommendation (if any), the commission shall certify the proposal under section 605 of this chapter.

(d) AREA-METRO. The legislative body shall vote on the proposal within ninety (90) days after the plan commission certifies the proposal under section 605 of this chapter.

(e) AREA-METRO. This subsection applies if the proposal receives a favorable recommendation from the plan commission:

(1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this chapter (or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt, reject, or amend the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.

(2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative body.

(3) If the legislative body fails to act on the proposal within ninety (90) days after certification, it takes effect as if it had been adopted (as certified) ninety (90) days after certification.

(4) If the legislative body rejects or amends the proposal, it shall be returned to the plan commission for its consideration, with a written statement of the reasons for the rejection or amendment. The commission has forty-five (45) days in which to consider the rejection or amendment and report to the legislative body as follows:

(A) If the commission approves the amendment or fails to act within the forty-five (45) day period, the ordinance stands as passed by the legislative body as of the date of the filing of the commission's report of approval with the legislative body or the end of the forty-five (45) day period.

(B) If the commission disapproves the rejection or amendment, the action of the legislative body on the original rejection or amendment stands only if confirmed by another vote of the legislative body within forty-five (45) days after the commission certifies its disapproval. If the legislative body fails to confirm its action under this clause, the ordinance takes effect in the manner provided in subdivision (3).

(f) AREA. This subsection applies if the proposal receives either an unfavorable recommendation or no recommendation from the plan commission:

(1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this chapter (or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt, reject, or amend the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.

(2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative body.

(3) If the legislative body rejects the proposal or fails to act on it within ninety (90) days after certification, it is defeated.

(4) If the legislative body amends the proposal, it shall be returned to the plan commission for its consideration, with a written statement of the reasons for the amendment. The commission has forty-five (45) days in which to consider the amendment and report to the legislative body as follows:

(A) If the commission approves the amendment or fails to act within the forty-five (45) day period, the ordinance stands as passed by the legislative body as of the date of the filing of the commission's report of approval with the legislative body or the end of the forty-five (45) day period.

(B) If the commission disapproves the amendment, the action of the legislative body on the original amendment stands only if confirmed by another vote of the legislative body within forty-five (45) days after the commission certifies its disapproval. If the legislative body fails to confirm its action under this clause, the ordinance is defeated as provided in subdivision (3).

[Pre-Local Government Recodification Citations: 18-4-8-3 part; 18-7-2-20 part; 18-7-2-45 part; 18-7-2-46 part; 18-7-2-47 part; 18-7-4-607; 18-7-4-53 part; 18-7-5-65; 18-7-5-66.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.33; Acts 1982, P.L.212, SEC.3; P.L.355-1983, SEC.2; P.L.335-1985, SEC.21; P.L.167-2022, SEC.14; P.L.202-2025, SEC.14.
Ind. Code § 36-7.6-1-7 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-7
Repealed
Status: repealed

As added by P.L.232-2007, SEC.7. Repealed by P.L.178-2015, SEC.5.
Ind. Code § 36-8-16.7-41 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-41
Providers' duty to provide user data to PSAPs; permissible uses by PSAP; violations; contracts between providers and users
Status: in_force

Sec. 41. (a) A provider shall, upon request, provide to a PSAP the necessary user data to enable the PSAP to implement and operate a 911 system. User data provided to a PSAP for the purpose of implementing or updating a 911 system may be used only to identify:

(1) a user;

(2) a user's place of primary use; or

(3) the information described in both subdivisions (1) and (2);

and may not be used or disclosed by the PSAP, or its agents or employees, for any other purpose unless the data is used or disclosed under a court order. A person who recklessly, knowingly, or intentionally violates this subsection commits a Class A misdemeanor.

(b) After May 31, 1988, a contract entered into between a provider and a user who has an unlisted or nonpublished telephone number (or other functionally equivalent identification number) may not include a provision that prohibits the provider from providing the user's telephone number (or other functionally equivalent identification number) to a PSAP for inclusion in a 911 system data base. A provider (other than a provider who, before June 1, 1988, has contracted to not divulge a subscriber's unlisted or nonpublished telephone number (or other functionally equivalent identification number)) shall provide a requesting PSAP with the name, telephone number (or other functionally equivalent identification number), and place of primary use for each user of the provider. A PSAP may not release a telephone number (or other functionally equivalent identification number) required to be provided under this subsection to any person except as provided in subsection (a).

(c) A provider may amend or terminate a contract with a user if:

(1) the contract contains a provision that prohibits the provider from providing the user's telephone number (or other functionally equivalent identification number) to a PSAP for inclusion in a 911 system data base or online network source;

(2) the exclusion of the telephone number (or other functionally equivalent identification number) from the data base would negate the purpose of this chapter; and

(3) the user is notified of the proposed amendment or termination of a contract at least one hundred eighty (180) days before the provider takes action.

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.28.
Ind. Code § 36-3-4-20 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-20
City-county legislative body; statutory appointments
Status: in_force

Sec. 20. The city-county legislative body shall make all appointments required by statute to be made by it or by:

(1) the common council of a first class city; or

(2) the county council of the county.

[Pre-Local Government Recodification Citations: 18-4-3-14 part; 18-4-4-9(2).]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-7-11.2-21 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-21
Appointment of member with knowledge of historic preservation and owner of dwelling on Meridian Street property
Status: in_force

Sec. 21. The governor shall appoint the following members of the commission not later than thirty (30) days after the term of the prior member appointed under this section expires:

(1) As a Class 1 member, an individual with a demonstrated interest in and knowledge of historic preservation.

(2) As a Class 1 member, an owner and occupant of a single or double family residential dwelling situated on Meridian Street property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-3(c).]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-9-13-21 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-21
Preliminary expenses
Status: in_force

Sec. 21. All necessary preliminary expenses that must be paid by the board of directors of a building authority before the issuance and delivery of bonds or the negotiation of a loan under this chapter, including expenses incurred in:

(1) making surveys;

(2) estimating costs and receipts;

(3) employing engineers, architects, or consultants;

(4) giving notices; and

(5) taking options;

may be paid out of money provided by the county and county seat, or either of them, from money on hand or derived from taxes levied for that purpose. The fund or funds from which the payments are made shall be fully reimbursed by the board out of the first proceeds of the sale of bonds or the loan negotiated by the authority before any other disbursements are made from those proceeds. The amount advanced to pay preliminary expenses under this section is a first charge against the proceeds resulting from the sale of the bonds or the negotiation of the loan until that amount has been repaid.

[Pre-Local Government Recodification Citation: 19-8-4-8.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.37-1988, SEC.31.
Ind. Code § 36-7-13-15 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-15
Incremental tax financing funds
Status: in_force

Sec. 15. (a) If an advisory commission on industrial development designates a district under this chapter or the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter, the treasurer of state shall establish an incremental tax financing fund for the district. The fund shall be administered by the treasurer of state. Money in the fund does not revert to the state general fund at the end of a state fiscal year.

(b) Subject to subsection (c), the following amounts shall be deposited during each state fiscal year in the incremental tax financing fund established for the district under subsection (a):

(1) The aggregate amount of state gross retail and use taxes that are remitted under IC 6-2.5 by businesses operating in the district, until the amount of state gross retail and use taxes deposited equals the gross retail incremental amount for the district.

(2) The aggregate amount of state and local income taxes paid by employees employed in the district with respect to wages earned for work in the district, until the amount of state and local income taxes deposited equals the income tax incremental amount.

(c) Except as provided in subsection (e), the aggregate amount of revenues that is:

(1) attributable to:

(A) the state gross retail and use taxes established under IC 6-2.5; and

(B) the adjusted gross income tax established under IC 6-3-1 through IC 6-3-7; and

(2) deposited during any state fiscal year in each incremental tax financing fund established for a district;

may not exceed one million dollars ($1,000,000) per district designated under section 10.5 or 12 of this chapter and seven hundred fifty thousand dollars ($750,000) per district for a district designated under section 10.1 or 12.1 of this chapter.

(d) On or before the twentieth day of each month, all amounts held in the incremental tax financing fund established for a district shall be distributed to the district's advisory commission on industrial development for deposit in the industrial development fund of the unit that requested designation of the district.

(e) The aggregate amount of revenues that is:

(1) attributable to:

(A) the state gross retail and use taxes established under IC 6-2.5; and

(B) the adjusted gross income tax established under IC 6-3-1 through IC 6-3-7; and

(2) deposited during any state fiscal year in the incremental tax financing funds established for the districts located in Delaware County;

may not exceed two million dollars ($2,000,000).

As added by P.L.125-1998, SEC.19. Amended by P.L.174-2001, SEC.10; P.L.192-2002(ss), SEC.175; P.L.224-2003, SEC.241; P.L.113-2010, SEC.133; P.L.172-2011, SEC.146.
Ind. Code § 36-7-1-14 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-14
"Plan commission"
Status: in_force

Sec. 14. "Plan commission", unless preceded by a qualifying adjective, means an advisory plan commission, an area plan commission, or a metropolitan development commission. The term does not include a regional planning commission established under IC 36-7-7.

[Pre-Local Government Recodification Citations: 18-7-4-112; 18-7-4-2 part.]

As added by Acts 1981, P.L.309, SEC.14.
Ind. Code § 36-9-36-48 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-48
Bond owners; foreclosure actions; procedure
Status: in_force

Sec. 48. (a) Except as provided in subsection (b), sales to satisfy the bonds and interest shall be made as provided in this chapter for sales upon judgments or decrees foreclosing liens for assessments levied for improvements.

(b) The first bondholder who brings a foreclosure action against the property or any part of the property is entitled to have the proceeds of the action applied pro rata to the payment of that bondholder's own bonds and of bonds held by others.

(c) Only one (1) foreclosure action may be brought against one (1) lot or parcel of land. However, all lots or parcels of land against which the assessments are in default may be joined in one (1) proceeding.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-1-3-8.6 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-8.6
Regulation of reusable or disposable auxiliary containers prohibited; exceptions
Status: in_force

Sec. 8.6. (a) As used in this section, "auxiliary container" means a bag, box, cup, bottle, or similar container that is:

(1) reusable or disposable;

(2) made of:

(A) cloth;

(B) paper;

(C) plastic;

(D) extruded polystyrene; or

(E) a similar material; and

(3) designed for:

(A) one time use; or

(B) transporting merchandise or food from food or retail facilities.

(b) Except as provided in subsections (c) and (d), a unit may not:

(1) regulate, or adopt or enforce an ordinance or resolution to regulate:

(A) the:

(i) manufacture;

(ii) distribution;

(iii) sale;

(iv) provision;

(v) use; or

(vi) disposition or disposal;

of auxiliary containers; or

(B) a:

(i) manufacturer of auxiliary containers;

(ii) distributor of auxiliary containers; or

(iii) food or retail facility that sells, provides, or otherwise makes use of auxiliary containers;

in connection with the manufacture, distribution, sale, provision, use, or disposition or disposal of auxiliary containers; or

(2) impose, or adopt or enforce an ordinance or resolution to impose, any:

(A) prohibition;

(B) restriction;

(C) fee; or

(D) tax;

with respect to auxiliary containers or to any person described in subdivision (1)(B) in connection with the manufacture, distribution, sale, provision, use, or disposition or disposal of auxiliary containers.

(c) This section does not prohibit, limit, or restrict:

(1) a curbside recycling program available in, or offered by, a unit; or

(2) the designation or operation of a residential or commercial recycling location within a unit.

(d) This section does not apply to the distribution, sale, provision, use, or disposition or disposal of auxiliary containers at any event that:

(1) is organized, sponsored, or permitted by a unit; and

(2) takes place on property owned by the unit.

As added by P.L.150-2016, SEC.2.
Ind. Code § 36-9-1-7 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-7
"Public way"
Status: in_force

Sec. 7. "Public way" includes highway, street, avenue, boulevard, road, lane, or alley.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.73.
Ind. Code § 36-7-12-27 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-27
Bonds, notes, or warrants; issuance; terms and procedure; findings of fact concerning coal gasification powerplant
Status: in_force

Sec. 27. (a) Bonds issued by a unit under section 25 of this chapter may be issued as serial bonds, term bonds, or a combination of both types. The ordinance of the fiscal body authorizing bonds, notes, or warrants, or the financing agreement or the trust indenture approved by the ordinance, must provide:

(1) the manner of their execution, either by the manual or facsimile signatures of the executive of the unit and the clerk of the fiscal body;

(2) their date;

(3) their term or terms, which may not exceed forty (40) years, except as otherwise provided by subsection (e);

(4) their maximum interest rate if fixed rates are used or the manner in which the interest rate will be determined if variable or adjustable rates are used;

(5) their denominations;

(6) their form, either coupon or registered;

(7) their registration privileges;

(8) the medium of their payment;

(9) the place or places of their payment;

(10) the terms of their redemption; and

(11) any other provisions not inconsistent with this chapter.

(b) Bonds, notes, or warrants issued under section 25 of this chapter may be sold at public or private sale for the price or prices, in the manner, and at the time or times determined by the unit. The unit may advance all expenses, premiums, and commissions that it considers necessary or advantageous in connection with their issuance.

(c) The bonds, notes, or warrants and their authorization, issuance, sale, and delivery are not subject to any general statute concerning bonds, notes, or warrants of units.

(d) An action to contest the validity of bonds, notes, or warrants issued under section 25 of this chapter may not be commenced more than thirty (30) days after the adoption of the ordinance approving them under section 25 of this chapter.

(e) This subsection applies only to bonds, notes, or warrants issued under this chapter after June 30, 2008, that are wholly or partially payable from tax increment revenues derived from property taxes. The maximum term or repayment period for the bonds, notes, or warrants may not exceed:

(1) twenty-five (25) years, unless the bonds, notes, or warrants were:

(A) issued or entered into before July 1, 2008;

(B) issued or entered into after June 30, 2008, but authorized by a resolution adopted before July 1, 2008; or

(C) issued or entered into after June 30, 2008, in order to fulfill the terms of agreements or pledges entered into before July 1, 2008, with the holders of the bonds, notes, warrants, or other contractual obligations by or with developers, lenders, or units, or otherwise prevent an impairment of the rights or remedies of the holders of the bonds, notes, warrants, or other contractual obligations; or

(2) thirty (30) years, if the bonds, notes, or warrants were issued after June 30, 2008, to finance:

(A) an integrated coal gasification powerplant (as defined by IC 6-3.1-29-6);

(B) a part of an integrated coal gasification powerplant (as defined by IC 6-3.1-29-6); or

(C) property used in the operation or maintenance of an integrated coal gasification powerplant (as defined by IC 6-3.1-29-6);

that received a certificate of public convenience and necessity from the Indiana utility regulatory commission under IC 8-1-8.5 et seq. before July 1, 2008.

(f) The general assembly makes the following findings of fact with respect to an integrated coal gasification powerplant (as defined in IC 6-3.1-29-6) that received a certificate of public convenience and necessity from the Indiana utility regulatory commission under IC 8-1-8.5 et seq. before July 1, 2008:

(1) The health, safety, general welfare, and economic and energy security of the people of the state of Indiana require as a public purpose of the state the promotion of clean energy, including clean coal, technologies in Indiana.

(2) These technologies include the integrated coal gasification powerplant contemplated by this chapter, IC 6-1.1-20-1.1, and IC 36-7-14.

(3) Investment in the integrated coal gasification powerplant contemplated by this chapter, IC 6-1.1-20-1.1, and IC 36-7-14 will result in substantial financial and other benefits to the state and its political subdivisions and the people of Indiana, including increased employment, tax revenue, and use of Indiana coal.

(4) It is in the best interest of the state and its citizens to promote and preserve financial and other incentives for the integrated coal gasification powerplant.

[Pre-Local Government Recodification Citation: 18-6-4.5-20.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.7; P.L.40-1983, SEC.4; P.L.20-1985, SEC.15; P.L.1-1991, SEC.209; P.L.146-2008, SEC.722.
Ind. Code § 36-8-10-13 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-13
Pension trust; participation by sheriff
Status: in_force

Sec. 13. Except as provided in section 19 of this chapter, a sheriff may participate in the pension trust in the same manner as a county police officer. In addition, a sheriff who is not participating in the pension trust after the creation of the pension trust in the sheriff's county may make a payment to the pension trust in the amount of contributions the sheriff would have made had the sheriff been participating while a sheriff, plus interest at three percent (3%) compounded annually. The sheriff is entitled to credit for the years of service as a sheriff for all purposes of the pension trust if the sheriff makes this payment.

[Pre-Local Government Recodification Citation: 17-3-14-10.5.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.180-2007, SEC.11.
Ind. Code § 36-7.5-3-1.5 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-1.5
Expenditure of money to fund economic development projects; requirements; submission of funding proposals to budget committee; exceptions
Status: in_force

Sec. 1.5. (a) Except as provided in section 1.7 of this chapter, this section applies to revenue received by the authority to the extent that the revenue has not been pledged or otherwise obligated to pay bonds or leases entered into before July 1, 2015, for a project other than a rail project.

(b) The authority may expend money received under this article to fund economic development projects only to the extent that:

(1) the development board finds that the economic development project is a destination based economic development project evaluated under IC 36-7.5-2-1(4) or is consistent with:

(A) a duty imposed upon the development authority under section 1(2) or 1(4) of this chapter; or

(B) the Marquette Plan; and

(2) funding the project is reviewed by the budget committee under subsection (c).

(c) The development board shall submit to the budget committee for review and comment any proposal to fund an economic development project (including any destination based economic development project) under this article. The budget committee shall review any proposal received under this subsection and may request that the authority appear at a public meeting of the budget committee concerning the funding proposal. This subsection does not apply to a rail project financed under IC 5-1.3.

As added by P.L.192-2015, SEC.12. Amended by P.L.204-2016, SEC.38; P.L.189-2018, SEC.169.
Ind. Code § 36-3-1-10 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-10
Annexation proceedings pending; continuation; expansion effect
Status: in_force

Sec. 10. If any annexation proceedings concerning territory inside the county are pending when a first class city becomes a consolidated city, the annexation proceedings shall be continued as if this chapter did not apply. However, if the annexation later takes effect, the following provisions apply:

(1) If the annexation is by the first class city, it has the effect of expanding the special service districts created by section 6 of this chapter.

(2) If the annexation is by another municipality in the county, it has the effect of expanding the municipality as an excluded city or included town.

[Pre-Local Government Recodification Citation: 18-4-15-1(c).]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-1-10-20.1 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-20.1
Repealed
Status: repealed

As added by P.L.35-1990, SEC.82. Repealed by P.L.25-1995, SEC.94.
Ind. Code § 36-1-8-17.5 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-17.5
Reporting of information and data on retiree benefits and expenditures
Status: in_force

Sec. 17.5. A political subdivision must report, in the manner specified by the state board of accounts, information and data on its retiree benefits and expenditures by March 1 of each year.

As added by P.L.205-2013, SEC.345. Amended by P.L.183-2014, SEC.24; P.L.159-2020, SEC.70.
Ind. Code § 36-10-12-7 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-7
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17-2.]

As added by P.L.1-2005, SEC.47. Amended by P.L.2-2006, SEC.193. Repealed by P.L.233-2015, SEC.344.
Ind. Code § 36-1.5-4.1-29 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-29
Indebtedness and pension obligations remain with the responsible taxpayers
Status: in_force

Sec. 29. The following apply:

(1) Indebtedness that was incurred by the recipient municipality or designated township before January 1, 2029:

(A) may not be imposed on taxpayers that were not responsible for payment of the indebtedness before January 1, 2029; and

(B) must be paid by the taxpayers that were responsible for payment of the indebtedness before January 1, 2029.

(2) Pension obligations existing as of January 1, 2029:

(A) may not be imposed on taxpayers that were not responsible for payment of the pension obligations before January 1, 2029; and

(B) must be paid by the taxpayers that were responsible for payment of the pension obligations before January 1, 2029.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-8-7-12.1 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-12.1
Members retiring with 20 years service
Status: in_force

Sec. 12.1. (a) Benefits paid under this section are subject to section 2.5 of this chapter.

(b) A member who has been in service twenty (20) years, upon making a written application to the fire chief, may be retired from all service with the department without a medical examination or disability. Except as provided in subsection (f), the local board shall authorize the payment to the retired member of fifty percent (50%) of the salary of a fully paid first class firefighter of the unit at the time of the payment of the pension, plus:

(1) for a member who retires before January 1, 1986, two percent (2%) of that salary for each year of service; or

(2) for a member who retires after December 31, 1985, one percent (1%) of that salary for each six (6) months of service;

over twenty (20) years. However, the pension in one (1) year may not exceed an amount greater than seventy-four percent (74%) of the salary of a fully paid first class firefighter.

(c) A member who is discharged from the fire department after having served at least twenty (20) years is entitled to receive the amount equal to the amount that the member would have received if the member retired voluntarily.

(d) All pensions in a class are on an equal basis. The local board may not depart from this chapter in authorizing the payment of pensions.

(e) The monthly pension payable to a member may not be reduced below the amount of the first full monthly pension received by that person.

(f) The monthly pension payable to a member who is transferred from disability to regular retirement status may not be reduced below fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension.

(g) A benefit payable under this section shall be paid in not less than twelve (12) monthly installments.

(h) A fund member who is receiving disability benefits under section 11(d) or 11(f) of this chapter shall be transferred from disability to regular retirement status when the member becomes fifty-five (55) years of age.

(i) A fund member who is receiving disability benefits under section 11(e) of this chapter is entitled to:

(1) receive a disability benefit for the remainder of the fund member's life; and

(2) have the amount of the disability benefit computed under section 11(e) of this chapter when the fund member becomes fifty-five (55) years of age.

As added by P.L.196-1988, SEC.2. Amended by P.L.1-1989, SEC.71; P.L.55-1989, SEC.55; P.L.171-1990, SEC.2; P.L.197-1993, SEC.4; P.L.52-1993, SEC.4; P.L.1-1994, SEC.179; P.L.231-1997, SEC.3; P.L.40-1997, SEC.7; P.L.118-2000, SEC.11; P.L.62-2006, SEC.4.
Ind. Code § 36-1.5-4-39 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-39
Exercise of powers of reorganizing political subdivisions
Status: in_force

Sec. 39. (a) If a law does not permit the reorganized political subdivision to exercise generally throughout the territory of the reorganized political subdivision a power that any of the reorganizing political subdivisions had before the reorganization, the reorganized political subdivision may exercise the power outside the original territory of the reorganizing political subdivision only by following the laws applicable to the expansion of the service area of the reorganizing political subdivision.

(b) Subject to subsection (a), a reorganized political subdivision that results from a reorganization under this chapter must continue to carry out the duties imposed by Indiana law on the reorganizing political subdivisions that combined to form the reorganized political subdivision.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.23.
Ind. Code § 36-1-29.5-5 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-5
"Qualified worker"
Status: in_force

Sec. 5. As used in this chapter, "qualified worker" means an individual described in section 11 of this chapter.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-7-1-22 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-22
"Zoning ordinance"
Status: in_force

Sec. 22. "Zoning ordinance" refers to an ordinance adopted under the 600 series of IC 36-7-4 or under prior law. The term includes:

(1) PUD district ordinances (as defined in IC 36-7-4-1503); and

(2) all zone maps incorporated by reference into the ordinance as provided in the 600 series of IC 36-7-4.

As added by P.L.335-1985, SEC.2. Amended by P.L.220-1986, SEC.2; P.L.320-1995, SEC.3.
Ind. Code § 36-11-8-1 — Indiana Code / Title 36 / Article 11 / Chapter 8 / Section 36-11-8-1
District does not limit formation and operation of sewage disposal company or certificate of territorial authority
Status: in_force

Sec. 1. This article does not limit the following:

(1) The formation and operation under IC 8-1-2-89 of a sewage disposal company to provide sewage disposal service to an area within a district.

(2) The granting of a certificate of territorial authority under IC 8-1-2-89 encompassing a part of the area within the district.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-8-29.1-1 — Indiana Code / Title 36 / Article 8 / Chapter 29.1 / Section 36-8-29.1-1
Application
Status: in_force

Sec. 1. This chapter applies to all units.

As added by P.L.137-2026, SEC.1.
Ind. Code § 36-2-4-2 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-2
Adoption of ordinance, order, resolution, or motion
Status: in_force

Sec. 2. A county executive or county fiscal body adopting an ordinance, order, resolution, or motion for the government of the county or the transaction of county business must comply with this chapter.

[Pre-Local Government Recodification Citations: 17-1-16-3; 17-1-28-3 part; 17-2-2.5-8 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.148.
Ind. Code § 36-9-3-7 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-7
Board; officers; records; meetings
Status: in_force

Sec. 7. (a) Except as provided in subsection (e), as soon as is practical, but not later than ninety (90) days after the authority is established, the members shall meet and organize themselves as a board.

(b) Except as provided in subsection (f), at its first meeting, and annually after that, the board shall elect from its members a president, a vice president who shall perform the duties of the president during the absence or disability of the president, a secretary, and a treasurer. If the authority includes more than one (1) county, the president and vice president must be from different counties.

(c) The regional planning commission staff or the metropolitan planning organization if the authority includes the consolidated city shall serve as staff to the board secretary for the purpose of recording the minutes of all board meetings and keeping the records of the authority.

(d) The board shall keep its maps, plans, documents, records, and accounts in a suitable office, subject to public inspection at all reasonable times.

(e) If the authority includes Lake County, the first meeting of the board shall be at the call of the county council of Lake County. The president of the county council shall preside over the first meeting until the officers of the board have been elected.

(f) If the authority includes Lake County, the board shall first meet in January. At the first meeting the board shall elect from its members a president, a vice president who shall perform the duties of the president during the absence or disability of the president, a secretary, a treasurer, and any other officers the board determines are necessary for the board to function.

[Pre-Local Government Recodification Citation: 19-5-2.5-6 part.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.12-1992, SEC.175; P.L.235-1997, SEC.8; P.L.64-1998, SEC.2; P.L.90-1999, SEC.3; P.L.182-2009(ss), SEC.448; P.L.121-2016, SEC.37; P.L.104-2022, SEC.207.
Ind. Code § 36-9-4-26 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-26
Printing and distribution of ordinances
Status: in_force

Sec. 26. The board of directors of a public transportation corporation may provide for the printing of all or part of the ordinances of the corporation in pamphlet form or in bound volumes, and may distribute them without charge or may charge the cost of printing and distribution.

[Pre-Local Government Recodification Citation: 19-5-2-18 part.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-2-9.5-18 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-18
County auditor unable to perform fiscal responsibilities
Status: in_force

Sec. 18. If the county auditor is unable to perform the fiscal requirements of the county auditor's position, the county shall hire or contract with a qualified certified public accountant to:

(1) provide guidance to the county auditor regarding the performance of the county auditor's responsibilities; or

(2) perform the county auditor's fiscal responsibilities.

The county auditor is considered to be unable to perform the fiscal requirements of the county auditor's position if the county is declared unauditable under IC 5-11-1-9(b).

As added by P.L.58-2023, SEC.17.