Ind. Code § 36-7.5-4-16 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-16
Transfers; failure to make; duty of state treasurer or fiscal officer; deduct and transfer payment
Status: in_force

Note: This version of section amended by P.L.229-2017, SEC.40. See also following version of this section amended by P.L.248-2017, SEC.8.

Sec. 16. (a) This section applies if a political subdivision or city or county described in IC 36-7.5-2-3 fails to make a transfer or a part of a transfer required by section 2 of this chapter or fails to pay or transfer any amounts a political subdivision or a city or county described in IC 36-7.5-2-3 has agreed to pay or transfer to the development authority pursuant to the terms of any bond, note, debenture, warrant, contractual agreement, or any other promise or agreement.

(b) The development authority shall notify the treasurer of state or the fiscal officer of a city or county described in IC 36-7.5-2-3 when a city, county, or political subdivision has failed to pay or transfer all or part of a payment or transfer due under this section. Upon receiving notice from the development authority, the treasurer of state or fiscal officer shall:

(1) Deduct from amounts otherwise payable to the city or county under IC 4-33-13 or other political subdivision:

(A) an amount equal to the amount of the transfer or part of the transfer under section 2 of this chapter that the city, county, or subdivision failed to make; and

(B) an amount equal to any other amounts due to the development authority that the city, county, or political subdivision failed to make.

(2) Pay the amount deducted under subdivision (1) to the development authority.

(3) Notify the city, county, or political subdivision that the amount that would otherwise be available for distribution to the city, county, or political subdivision has been reduced by an amount necessary to satisfy all or part of the transfers required under section 2 of this chapter or any other amounts due to the development authority.

(c) A deduction under subsection (b) must be made as follows:

(1) First, from amounts otherwise payable to the city, county, or other political subdivision under IC 4-33-13.

(2) Second, from local income tax distributions under IC 6-3.6-9 that would otherwise be distributed to the city, county, or other political subdivision under the schedules in IC 6-3.6-9-12 and IC 6-3.6-9-16.

(3) Third, from any other revenues or money otherwise available for distribution from the city, county, or other political subdivision.

As added by P.L.214-2005, SEC.73. Amended by P.L.192-2015, SEC.15; P.L.229-2017, SEC.40.
Ind. Code § 36-10-4-16 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-16
Taxes; disbursements; borrowing; general park fund; special funds; fees; deposits; withdrawals
Status: in_force

Sec. 16. (a) A tax on the taxable property in the district, as it appears on the tax duplicate, shall be levied annually by the city legislative body for park purposes.

(b) The tax shall be collected the same as other city taxes are collected, and the city fiscal officer shall, between the first and fifth days of each month, notify the board of the amount of taxes collected for park purposes during the preceding month. At the date of notification, the city fiscal officer shall credit the park fund with the amount.

(c) The board may expend on behalf of the city all sums of money collected from:

(1) taxes;

(2) the sale of privileges in the parks of the city;

(3) the sale of bonds of the city for park purposes; and

(4) any other source.

All gifts, donations, or payments that are given or paid to the city for park purposes belong to the general park fund, the special nonreverting operating fund, or the special nonreverting capital fund to be used by the board as provided by this chapter. Warrants for expenditures shall be drawn by the city fiscal officer upon a voucher of the board signed by the president or vice president and secretary.

(d) The city legislative body may borrow money for the use of the department and may issue the bonds of the city to pay back the borrowed money in the manner provided by statute for the issue of bonds for the general purposes of the city. However, the board may not contract debts beyond the amount of its annual income and the amount available from the sale of bonds or other sources.

(e) All money remaining in the treasury to the credit of the board at the end of the calendar year belongs to the general park fund, the special nonreverting operating fund, or the special nonreverting capital fund for use by the board for park purposes.

(f) Park and recreation facilities and programs shall be made available to the public free of charge as far as possible. However, if it is necessary in order to provide a particular activity, the board may charge a reasonable fee.

(g) The city legislative body may establish by ordinance upon request of the board:

(1) a special nonreverting operating fund for park purposes from which expenditures may be made as provided by ordinance, either by appropriation by the board or by the city legislative body; or

(2) a special nonreverting capital fund for the purpose of acquiring land or making specific capital improvements from which expenditures may be made by appropriation by the city legislative body.

The city legislative body shall designate the fund or funds into which the city fiscal officer shall deposit fees from golf courses, swimming pools, skating rinks, or other major facilities requiring major expenditures for management and maintenance. Money received from fees other than from major facilities or received from the sale of surplus property shall be deposited by the city fiscal officer either in the special nonreverting operating fund or in the nonreverting capital fund, as directed by the board. However, if neither fund has been established, money received from fees or from the sale of surplus property shall be deposited in the general park fund. Money from either special fund may be disbursed only on approved claims allowed and signed by the president and secretary of the board.

(h) Money placed in the special nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the fiscal body repeals the ordinance establishing the fund. The fiscal body may not repeal the ordinance under suspension of the rules.

(i) Money procured from fees or received from the sale of surplus property shall be deposited at least once each month with the city fiscal officer.

[Pre-Local Government Recodification Citations: 19-7-9-7 part; 19-7-30-11 part; 19-7-30-12 part.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.15; P.L.372-1983, SEC.2; P.L.173-2003, SEC.40.
Ind. Code § 36-7-4-1507 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1507
Legislative act
Status: in_force

Sec. 1507. The adoption and amendment of a PUD district ordinance is a legislative act.

As added by P.L.320-1995, SEC.37.
Ind. Code § 36-7-1-21 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-21
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-7-3-2 part.]

As added by Acts 1981, P.L.309, SEC.21. Repealed by Acts 1981, P.L.310, SEC.94.
Ind. Code § 36-9-11-1 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities except consolidated cities.

[Pre-Local Government Recodification Citations: 19-5-8-1 part; 19-5-11-2 part; 19-5-12-1; 19-5-13-2.]

As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.317, SEC.10.
Ind. Code § 36-7-4-1018 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1018
Violations; penalties; ordinances
Status: in_force

Sec. 1018. Ordinances adopted under this chapter may provide for penalties for violations, subject to IC 36-1-3-8.

[Pre-Local Government Recodification Citations: 18-7-2-87; 18-7-4-1018; 18-7-4-93; 18-7-5-97.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.59.
Ind. Code § 36-9-35-3 — Indiana Code / Title 36 / Article 9 / Chapter 35 / Section 36-9-35-3
Boards of trustees; vacancies
Status: in_force

Sec. 3. Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24, IC 36-9-25, or any other law, if a vacancy occurs on the board of trustees, the vacancy must be filled within thirty (30) days after the vacancy occurs.

As added by P.L.320-1989, SEC.3.
Ind. Code § 36-3-6-4 — Indiana Code / Title 36 / Article 3 / Chapter 6 / Section 36-3-6-4
Budget estimates; preparation; verified certificate; courts; submission
Status: in_force

Sec. 4. (a) Before the Wednesday after the first Monday in July each year, the consolidated city and county shall prepare budget estimates for the ensuing budget year under this section.

(b) The following officers shall prepare for their respective departments, offices, agencies, or courts an estimate of the amount of money required for the ensuing budget year, stating in detail each category and item of expenditure they anticipate:

(1) The director of each department of the consolidated city.

(2) Each township assessor (if any), elected county officer, or head of a county agency.

(3) The county clerk, for each court the clerk serves.

(c) In addition to the estimates required by subsection (b), the county clerk shall prepare an estimate of the amount of money that is, under law, taxable against the county for the expenses of cases tried in other counties on changes of venue.

(d) Each officer listed in subsection (b)(2) or (b)(3) shall append a certificate to each estimate the officer prepares stating that in the officer's opinion the amount fixed in each item will be required for the purpose indicated. The certificate must be verified by the oath of the officer.

(e) An estimate for a court or division of a court is subject to modification and approval by the judge of the court or division.

(f) All of the estimates prepared by city officers and county officers shall be submitted to the controller.

(g) The controller shall also prepare an itemized estimate of city and county expenditures for other purposes above the money proposed to be used by the city departments and county officers and agencies.

[Pre-Local Government Recodification Citation: 18-4-4-4.5 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.196-1984, SEC.2; P.L.227-2005, SEC.31; P.L.146-2008, SEC.704.
Ind. Code § 36-7-4-1323 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1323
Fee due date; proration; repeal or lapse of ordinance
Status: in_force

Sec. 1323. (a) Except as provided in section 1324 of this chapter, an impact fee assessed in compliance with section 1322 of this chapter is due and payable on the date of issuance of the structural building permit for the new development on which the impact fee is imposed.

(b) For a phased development, an impact fee shall be prorated for purposes of payment according to the impact of the parcel for which a structural building permit is issued in relation to the total impact of the development. In accordance with section 1324 of this chapter, only the prorated portion of the assessed impact fee is due and payable on the issuance of the permit.

(c) If an impact fee ordinance is repealed, lapses, or becomes ineffective after the assessment of an impact fee on a development but before the issuance of the structural building permit for part or all of the development:

(1) any part of the impact fee attributable to the part of the development for which a structural building permit has not been issued is void and is not due and payable, in the case of a phased development; and

(2) the entire impact fee is void and is not due and payable, in the case of a development other than a phased development.

As added by P.L.221-1991, SEC.24.
Ind. Code § 36-8-3.5-22 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-22
Rules; printing; copies to department members; effective date
Status: in_force

Sec. 22. The department shall print all rules of the commission and furnish a copy to each member of the department. Amendments to the rules take effect thirty (30) days after their adoption if copies have been furnished to all members of the department within that period. Otherwise, they do not take effect until copies are furnished to all members of the department.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1.
Ind. Code § 36-12-10-7 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-7
Leases in anticipation of completion of building; bond
Status: in_force

Sec. 7. (a) The municipal corporation or corporations may, in anticipation of the acquisition of real property and any necessary construction of a library building or buildings, including the necessary equipment and appurtenances, enter into a lease with the lessor corporation before actual acquisition of real property and any construction of the building or buildings. However, the lease may not provide for the payment of lease rental by the lessee or lessees until the building or buildings are complete and ready for occupancy, at which time the stipulated lease rental payments may begin.

(b) The contractor must be required under the lease to furnish to the lessor corporation a bond satisfactory to the corporation conditioned upon the final completion of the building or buildings within a period that may be provided in the contract.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-7.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.52.
Ind. Code § 36-9-42.2-5 — Indiana Code / Title 36 / Article 9 / Chapter 42.2 / Section 36-9-42.2-5
Program established
Status: in_force

Sec. 5. The federal fund exchange program is established to provide eligible entities and the department with greater flexibility in funding transportation projects. The department shall administer the program as follows:

(1) Exchanged funds awarded to an eligible entity may be carried over for up to three (3) years at the discretion of the department or the metropolitan planning organization, whichever is applicable.

(2) Exchanged funds may be expended for any transportation purpose allowable under federal law.

(3) Exchanged funds may be expended on any phase of a project, including:

(A) periodic project oversight services;

(B) construction inspection services; and

(C) reimbursement for items that were conducted before the application or request for exchanged funds or before the award of exchanged funds.

(4) A recipient of exchanged funds must provide a twenty percent (20%) local match payable by any available revenue source, except as provided by federal law. Awards shall be made by the department or metropolitan planning organization, whichever is applicable, in an amount that is twenty percent (20%) less than the total cost of the project to accomplish the required match.

(5) After the initial award of exchanged funds for a project and before the department's closeout of the project, an eligible entity may apply to the department or metropolitan planning organization, whichever is applicable, to be awarded additional exchanged funds as considered necessary to pay for project change orders.

(6) All contracts for professional services paid for with exchanged funds must be made on the basis of competence and qualifications for the type of services to be performed and compensation shall be negotiated as the eligible entity determines to be reasonable after its selection of a consultant or consultants.

(7) Professional services must be performed by an entity that is prequalified by the department.

(8) The department's design manual must provide guidance for projects funded with exchanged funds. However, exceptions to the design manual guidance are permitted at the discretion of the eligible entity.

As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.97.
Ind. Code § 36-2-6-3 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-3
Inapplicability of section to certain claims; publication of court allowances; payments in violation; offense
Status: in_force

Sec. 3. (a) This section does not apply to claims for salaries fixed in a definite amount by ordinance or statute, per diem of jurors, and salaries of officers of a court.

(b) The county auditor shall publish all allowances made by courts of the county. Court allowances shall be published at least three (3) days before the issuance of warrants in payment of those allowances. Allowances subject to this section shall be published as prescribed by IC 5-3-1 except that only one (1) publication in two (2) newspapers is required.

(c) A county auditor who issues warrants in payment of allowances made by a court of the county, before compliance with subsection (b), commits a Class C infraction.

(d) A county auditor shall publish one (1) time in accordance with IC 5-3-1 a notice of all allowances made by a circuit or superior court. The notice must be published within sixty (60) days after the allowances are made and must state their amount, to whom they are made, and for what purpose they are made.

[Pre-Local Government Recodification Citations: 17-3-30-1; 17-3-30-2; 17-3-30-3; 17-3-30-4.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.127, SEC.2; P.L.52-1987, SEC.2; P.L.64-1995, SEC.12; P.L.141-2009, SEC.7.
Ind. Code § 36-9-27-37 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-37
Vacation of drains; procedure; appeals
Status: in_force

Sec. 37. (a) When instituting proceedings to vacate a regulated drain, the board shall:

(1) serve a notice of intention to vacate on all owners of affected land;

(2) fix a date for a hearing;

(3) receive all objections filed;

(4) hold the hearing; and

(5) issue an order vacating or reclassifying the drain.

(b) A board acting under this section shall:

(1) comply with the applicable provisions of sections 49 through 52 of this chapter; and

(2) consider section 34(d) of this chapter in determining whether a drain should be vacated.

(c) An owner aggrieved by the final order of the board may obtain judicial review of the order under section 106 of this chapter.

(d) When a drain is vacated, the county treasurer shall transfer all money in that drain's maintenance fund to the general drain improvement fund.

[Pre-Local Government Recodification Citation: 19-4-1-11.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.4.
Ind. Code § 36-7-21-5 — Indiana Code / Title 36 / Article 7 / Chapter 21 / Section 36-7-21-5
Apportionment of benefits; adjustment
Status: in_force

Sec. 5. Benefits shall be apportioned on a gross square footage basis or on any other basis reasonably representative of the diffusion of benefits and may be adjusted by zone and land use as provided for in section 6 of this chapter.

As added by P.L.380-1987(ss), SEC.20.
Ind. Code § 36-8-7-18 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-18
Membership of persons employed on March 2, 1937, in pension fund
Status: in_force

Sec. 18. (a) Notwithstanding section 17 of this chapter, each member of the fire department who was in active service on March 2, 1937, but who was not a member of the firemen's pension fund, is conclusively considered to be a member of the 1937 fund and shall pay, in addition to the member's previous assessments, the same amount into the 1937 fund for unpaid assessments that the member would have paid as assessments if the member had been a member of the 1937 fund during all of the years of the member's service.

(b) A member of the fire department who:

(1) was in active service on March 2, 1937;

(2) was a member of the 1937 fund;

(3) had previous service in the fire department; and

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

is entitled to all of the benefits of the 1937 fund with all of the years of active service with the fire department counted in determining the member's eligibility for retirement.

[Pre-Local Government Recodification Citation: 19-1-37-18 part.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.127-2017, SEC.252.
Ind. Code § 36-1-7-2 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-2
Permissible powers
Status: in_force

Sec. 2. (a) A power that may be exercised by an Indiana political subdivision and by one (1) or more other governmental entities may be exercised:

(1) by one (1) or more entities on behalf of others; or

(2) jointly by the entities.

Entities that want to do this must, by ordinance or resolution, enter into a written agreement under section 3 or 9 of this chapter.

(b) Notwithstanding subsection (a), Indiana governmental entities that want only to buy, sell, or exchange services, supplies, or equipment between or among themselves may enter into contracts to do this and follow section 12 of this chapter.

[Pre-Local Government Recodification Citations: 17-4-18-3 part; 17-4-18-4 part; 18-5-1-4(a); 18-5-1-4(b); 18-5-1.5-3(a); 18-5-1.5-3(b); 18-5-1.5-7; 18-5-2-1 part; 19-5-25-1 part; Acts 1971, P.L.300, SECTION 3; Acts 1972, P.L.137, SECTION 2.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-1-2-12 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-12
"Person"
Status: in_force

Sec. 12. "Person" means individual, firm, limited liability company, corporation, association, fiduciary, or governmental entity.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.8-1993, SEC.512.
Ind. Code § 36-9-4-11 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-11
Establishment of systems by municipalities
Status: in_force

Sec. 11. (a) The legislative body of a municipality may study whether it is in the public interest that a system be established and maintained under this chapter by the municipality. The legislative body shall pay for these studies by an appropriation from the general fund of the municipality, which need not be restored to the general fund.

(b) If the legislative body finds as a result of its studies that the establishment and maintenance of a system would fulfill any one (1) or more of the conditions listed in section 5(a)(2) of this chapter, it may adopt an ordinance specifying the conditions that are fulfilled. The legislative body may then:

(1) enter into a contract to make grants-in-aid to a system that will serve the municipality, under section 6 of this chapter;

(2) enter into a contract to purchase buses and real property for lease to a system that will serve the municipality, under section 7 or 8 of this chapter; or

(3) establish a public transportation corporation, under section 10 of this chapter.

[Pre-Local Government Recodification Citation: 19-5-2-32.]

As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1982, P.L.217, SEC.1.
Ind. Code § 36-8-24-4 — Indiana Code / Title 36 / Article 8 / Chapter 24 / Section 36-8-24-4
Testing procedure
Status: in_force

Sec. 4. A test administrator conducting vehicular carbon monoxide testing for the owner of a motor vehicle shall do the following for each vehicular carbon monoxide test performed:

(1) Instruct the owner of the motor vehicle to:

(A) park the motor vehicle in an open air location;

(B) place the transmission in park;

(C) leave the engine running;

(D) set the motor vehicle's heater to its lowest activation setting; and

(E) completely close every window, sunroof, door, and trunk of the motor vehicle.

(2) Place a direct read instrument on the floorboard of the motor vehicle with the screen of the direct read instrument visible to the test administrator through a closed window of the test administrator's choosing.

(3) Verify that every window, sunroof, door, and trunk of the motor vehicle is completely closed.

(4) Record on the form described in section 5 of this chapter the numeric reading displayed by the direct read instrument five (5) minutes after the verification required under subdivision (3).

(5) Instruct the owner of the motor vehicle to set the motor vehicle's air conditioner to its lowest activation setting.

(6) Verify that every window, sunroof, door, and trunk of the motor vehicle is completely closed.

(7) Record on the form described in section 5 of this chapter the numeric reading displayed by the direct read instrument five (5) minutes after the verification required under subdivision (6).

(8) Inform the owner of the motor vehicle of the specific readings displayed by the direct read instrument during the course of the vehicular carbon monoxide test.

(9) Advise the owner of the motor vehicle that a reading equal to or greater than thirty-five (35) ppm exceeds the accepted NIOSH TWA standard for carbon monoxide.

(10) Recommend, as applicable, to the owner of a motor vehicle with a direct read instrument reading equal to or greater than thirty-five (35) ppm but less than one hundred (100) ppm to have the motor vehicle serviced by the owner's mechanic or exhaust system specialist of choice.

(11) Recommend, as applicable, to the owner of a motor vehicle with a direct read instrument reading equal to or greater than one hundred (100) ppm to cease use and operation of the motor vehicle immediately.

(12) Complete all remaining entries on the form described in section 5 of this chapter.

(13) Review the completed form described in subdivision (12) with the owner of the motor vehicle.

(14) Instruct the owner of the motor vehicle to print the owner's name and sign the completed form described in subdivision (13).

(15) Provide the owner of the motor vehicle with a copy of the completed and signed form described in subdivision (14).

(16) Maintain, in a manner consistent with the record keeping practices of the fire department responsible for the administration of the vehicular carbon monoxide test, a permanent record of the completed and signed form described in subdivision (14).

As added by P.L.8-2018, SEC.2.
Ind. Code § 36-7-12-6 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-6
Towns; commission members; appointment; terms of office
Status: in_force

Sec. 6. (a) This section applies to towns that establish a department of economic development.

(b) The members of the economic development commission shall be appointed by the town executive. One (1) of the members shall be selected by the town executive, one (1) shall be nominated by the fiscal body of the county in which the town is located, and one (1) shall be nominated by the town fiscal body.

(c) The economic development commissioners shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:

(1) three (3) years, if selected by the town executive;

(2) two (2) years, if nominated by the town fiscal body; and

(3) one (1) year, if nominated by the county fiscal body.

[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]

As added by Acts 1981, P.L.309, SEC.31.
Ind. Code § 36-7-4-1009 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1009
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-2-81 part; 18-7-4-1009; 18-7-4-88 part; 18-7-5-92 part.]

As added by Acts 1981, P.L.309, SEC.23. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-10-9-5 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-5
County board of managers; organizational meetings
Status: in_force

Sec. 5. (a) Immediately after January 15 each year, the board shall hold an organizational meeting. It shall elect one (1) of the members president, another vice president, another secretary, and another treasurer to perform the duties of those offices. The officers serve from the date of their election until their successors are elected and qualified.

(b) The board may adopt the bylaws and rules that it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care. A majority of the members constitutes a quorum, and the concurrence of a majority of the members is necessary to authorize any action.

As added by Acts 1982, P.L.77, SEC.28.
Ind. Code § 36-1-20.2-4 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-4
"Direct line of supervision"
Status: in_force

Sec. 4. (a) For the purposes of this chapter, a person is in the "direct line of supervision" of an elected officer or employee if the elected officer or employee is in a position to affect the terms and conditions of the individual's employment, including making decisions about work assignments, compensation, grievances, advancement, or performance evaluation.

(b) The term does not include the responsibilities of the executive, legislative body, or fiscal body of a unit, as provided by law, to make decisions regarding salary ordinances, budgets, or personnel policies of the unit.

As added by P.L.135-2012, SEC.7. Amended by P.L.13-2013, SEC.149.
Ind. Code § 36-2-10-13 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-13
Redemption of warrant; order of presentation; warrants in payment of county taxes
Status: in_force

Sec. 13. (a) The treasurer shall redeem county warrants in the order in which they are presented.

(b) The treasurer may receive county warrants in payment of county taxes without regard to their order of presentment or number, but the treasurer may not pay any balance left owing on the warrants after payment of the taxes if there are outstanding unpaid warrants.

[Pre-Local Government Recodification Citation: 17-3-32-10.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.67.
Ind. Code § 36-10-16-3 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-3
"Commission"
Status: in_force

Sec. 3. As used in this chapter, "commission" refers to the Midwest continental divide commission which is the governing body of the district.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7.5-4-16.5 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-16.5
Failure of certain cities or counties to make a transfer; duties of state treasurer; deduction of amounts payable to city or county; payment to development authority
Status: in_force

Sec. 16.5. (a) This section applies if the development board does the following:

(1) Finds that a city or county described in IC 36-7.5-2-3 has, at any time before July 1, 2015, failed to make a transfer or a part of a transfer required by section 2 of this chapter.

(2) Finds that the obligation of the city or county to pay the unpaid amount of the transfer or transfers has not been satisfied under section 16 of this chapter or by any other means.

(3) Certifies to the treasurer of state the total amount of the arrearage attributable to the failure of the city or county to make a transfer or a part of a transfer required by section 2 of this chapter.

(b) The treasurer of state shall do the following:

(1) Deduct from amounts otherwise payable to the city under IC 4-33-13-5(a) or to the county under IC 4-33-12-6 an amount equal to:

(A) the total amount certified under subsection (a)(3); plus

(B) interest calculated in the same manner that interest on delinquent taxes is calculated under IC 6-8.1-10-1.

(2) Pay the amount deducted under subdivision (1) to the development authority.

As added by P.L.192-2015, SEC.16. Amended by P.L.149-2016, SEC.99.
Ind. Code § 36-10-7.5-11 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-11
Superintendent; appointment; qualifications
Status: in_force

Sec. 11. (a) The park governor may appoint a superintendent of parks and recreation. The park governor may not consider political affiliation in the selection of the superintendent.

(b) The superintendent must:

(1) be qualified by training or experience in the field of parks and recreation; or

(2) have a certification or an advanced degree in the field of parks and recreation.

(c) An incumbent township employee performing park and recreation functions in a supervisory capacity at the time a township adopts a creating resolution under this chapter is eligible for appointment as superintendent or as an assistant, but the employee must have the required training, experience, or certification.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.14.
Ind. Code § 36-10-8-5 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-5
Organizational meeting; officers; bylaws; quorum; approval of actions
Status: in_force

Sec. 5. (a) Immediately after January 15 each year, the board shall hold an organizational meeting. They shall elect one (1) of the members vice president, another secretary, and another treasurer to perform the duties of those offices. The officers serve from the date of their election until their successors are elected and qualified.

(b) The members may adopt the bylaws and rules that they consider necessary for the proper conduct of their duties and the safeguarding of the funds and property entrusted to their care. A majority of the members constitutes a quorum, and the concurrence of a majority of the board is necessary to authorize any action.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-6-7-2 — Indiana Code / Title 36 / Article 6 / Chapter 7 / Section 36-6-7-2
Appointment; removal; responsibility
Status: in_force

Sec. 2. An officer of a township may appoint and remove all deputies and other employees in the officer's office, shall appoint deputies and other employees necessary for the proper discharge of the officer's duties, and is responsible for the official acts of the officer's deputies and other employees.

[Pre-Local Government Recodification Citation: 17-4-1-2 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.165.
Ind. Code § 36-1-2-17 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-17
"School corporation"
Status: in_force

Sec. 17. "School corporation" means a local public school corporation established under state law. The term includes a school city, school town, metropolitan school district, consolidated school corporation, county school corporation, township school corporation, community school corporation, or united school corporation.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.233-2015, SEC.325.
Ind. Code § 36-8-7.5-1.9 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-1.9
Administration of fund
Status: in_force

Sec. 1.9. The 1953 fund shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act.

As added by P.L.4-1992, SEC.41.
Ind. Code § 36-9-30-33 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-33
Adoption of rules
Status: in_force

Sec. 33. The environmental rules board may adopt rules under IC 4-22-2 to carry out this chapter.

[Pre-Local Government Recodification Citation: 19-2-1-32.]

As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.143-1985, SEC.204; P.L.113-2014, SEC.128.
Ind. Code § 36-7-11.2-2 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-2
"Bordering property" defined
Status: in_force

Sec. 2. As used in this chapter, "bordering property" means a parcel of land:

(1) of which any part lies within one thousand (1,000) feet from any part of the right-of-way of Meridian Street; and

(2) that:

(A) is within a radius of seven hundred fifty (750) feet from; and

(B) lies north or south of;

the north or south terminus of 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 § 36-2-13-12 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-12
Reports; persons confined in county jail; condition of county jail; recommendations
Status: in_force

Sec. 12. (a) The sheriff shall file with the appropriate court and, in the case of a person awaiting trial on a criminal charge, with the prosecuting attorney of the appropriate judicial circuit, a weekly report of each person confined in the county jail. The report must include the confined person's name, the date of commitment, the court or officer ordering the commitment, the criminal charge, conviction, or civil action underlying the commitment, the term of commitment, and whether the person is awaiting trial or serving a term of imprisonment.

(b) The sheriff shall file with the county executive an annual report of the condition of the county jail and any recommended improvements in its maintenance and operation. The report shall also be filed with the county auditor and maintained as a public record.

[Pre-Local Government Recodification Citation: 17-3-5-7.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.148-2024, SEC.29.
Ind. Code § 36-9-42.2-7 — Indiana Code / Title 36 / Article 9 / Chapter 42.2 / Section 36-9-42.2-7
Application; award criteria
Status: in_force

Sec. 7. (a) An eligible entity may apply to the department or to a metropolitan planning organization to receive exchanged funds if:

(1) the project:

(A) is eligible under federal law; or

(B) is part of a transportation asset management plan approved by the department; and

(2) using any available revenue source, the eligible entity commits to a local match of twenty percent (20%), or a match consistent with federal law, of the amount of the exchanged funds the eligible entity is requesting to receive.

(b) The department shall consider the following before awarding exchanged funds to an eligible entity:

(1) The amount of exchanged funds the eligible entity has requested.

(2) A brief description of each project the eligible entity wants to fund, including the estimated cost of the project.

(3) The benefit to a project described in subdivision (2) in receiving exchanged funds due to the project's size, type, location, or other features.

(4) The nature of the project and whether it has an economic significance for the region in which the eligible entity is located.

(5) Whether or not the eligible entity wishes to carry over its award of exchanged funds to the following year.

As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.99.
Ind. Code § 36-7-31.6-2 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-2
General assembly findings
Status: in_force

Sec. 2. (a) The general assembly finds the following:

(1) Northwest Indiana, including the city, faces unique and distinct challenges and opportunities related to economic development issues associated with the construction of facilities that would host professional sporting and entertainment events in the city.

(2) A unique approach is required to ensure that the facilities can be maintained to allow northwest Indiana to meet these challenges and opportunities.

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

(4) Encouragement of economic development in Indiana will:

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

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

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

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

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

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

(2) due to the large number of tax exempt properties located in northwest Indiana; and

(3) because northwest Indiana is the site of numerous state and regional nonprofit corporations.

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

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-7.5-4.5-11 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-11
"Property tax increment revenue"
Status: in_force

Sec. 11. As used in this chapter, "property tax increment revenue" means the property taxes attributable to the assessed value of property located in a district in excess of the base assessed value.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-7-11.2-20 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-20
Appointment of architect and professional city planner
Status: in_force

Sec. 20. The executive of Indianapolis 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 architect registered under IC 25-4-1 who at the time of appointment is a practicing architect residing in Marion County.

(2) As a Class 2 member, an employee of the department of metropolitan development who is employed by the department at the time as a professional city planner. If the individual ceases to be an employee of the department, the individual is considered to have resigned as a member of the commission.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-7.7-9 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-9
Powers and duties
Status: in_force

Sec. 9. The MPO may perform any function or duty necessary to carry out the purposes authorized by 23 CFR 450.300 through 23 CFR 450.340 or in support of the purposes of the central Indiana regional development authority authorized by IC 36-7.7.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-9-39-28 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-28
Enforcement of assessments and bonds; statutes applicable
Status: in_force

Sec. 28. (a) The statutes described in subsection (b) apply to the enforcement of assessments made and bonds issued for the construction of sewage works or levees for the following:

(1) The drainage of a parcel, lot, or tract of land.

(2) A change in a stream or watercourse.

(b) Statutes concerning the following are subject to subsection (a):

(1) Liens for street, alley, and other improvements.

(2) The payment of street, alley, and other improvement assessments by installments.

(3) The interest rates on the assessments.

(4) The deposit of the proceeds of the assessments into a separate special fund for a particular improvement.

(5) The application of the proceeds of the assessments under a separate special fund for a particular improvement.

(6) The issuance, sale, and redemption of bonds to anticipate the assessments.

(7) The duties of the municipal fiscal officer.

(8) The enforcement of assessment liens for street, alley, and other improvements.

(9) Actions foreclosing liens, attorney's fees in those foreclosure actions, and the procedure in those foreclosure actions.

(10) The conduct of sales by the sheriff under any decree of foreclosure issued in a foreclosure action.

(11) The execution of certificates and deeds.

(12) All matters of a similar nature regarding any of the following:

(A) The enforcement and collection of assessments for street, alley, and other improvements.

(B) The rights of contractors, assignees, and bondholders under the assessments.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-2-12-9 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-9
Survey to constitute prima facie evidence
Status: in_force

Sec. 9. A survey by the surveyor constitutes prima facie evidence in favor of the corners and lines it establishes.

[Pre-Local Government Recodification Citation: 17-3-58-5 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-9-30-26 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-26
Lease with option to purchase facilities; notice of date of execution of lease
Status: in_force

Sec. 26. When the execution of a lease is authorized under section 25 of this chapter, the board shall give at least ten (10) days' notice of the date upon which the lease will be executed. The notice shall be published one (1) time in the manner prescribed by IC 5-3-1. An action to contest the validity of the lease or to enjoin the performance of any of the terms and conditions of the lease may not be brought after the execution of the lease.

[Pre-Local Government Recodification Citation: 19-2-1-26.]

As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.169-2006, SEC.81.
Ind. Code § 36-7-30.2-12 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-12
Determination; alternative for mitigation
Status: in_force

Sec. 12. (a) The commander's determination that a land use activity adversely impacts the installation's military operations must be based upon the following findings:

(1) The land use activity is likely to interfere with current or planned military operations. The commander must provide in the commander's response any supporting facts concerning the land use activity's adverse impact on current or planned military operations.

(2) The adverse impacts to the current or planned military operations:

(A) cannot be mitigated; or

(B) may be mitigated, but the unit's proposal for the land use activity does not provide sufficient mitigation.

(b) The commander may, as part of the determination, include any recommended alternatives for mitigation of the adverse impacts.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-8-10.6-1 — Indiana Code / Title 36 / Article 8 / Chapter 10.6 / Section 36-8-10.6-1
"Department"
Status: in_force

Sec. 1. As used in this chapter, "department" refers to the department of homeland security established by IC 10-19-2-1.

As added by P.L.187-2021, SEC.144.
Ind. Code § 36-2-11-8 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-8
Record of instruments in order received; public access; copies; contaminated instruments
Status: in_force

Sec. 8. (a) The recorder shall record all instruments that are proper for recording, in the order in which they are received in the recorder's office for record. The recorder shall record deeds and mortgages in separate records.

(b) Providing an exact copy of an original instrument in the possession of the recorder is sufficient to comply with the inspection of public records provided under IC 5-14-3-3 if the original document has not been archived.

(c) Any instrument that is contaminated by blood or another bodily fluid, or that appears to be contaminated by blood or another bodily fluid, is not proper for recording. The recorder shall not record an instrument that is contaminated by blood or another bodily fluid or that appears to be contaminated by blood or another bodily fluid.

[Pre-Local Government Recodification Citations: 17-3-39-2 part; 17-3-39-3 part; 17-3-39-5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.87-2001, SEC.1; P.L.86-2013, SEC.5; P.L.127-2017, SEC.75.
Ind. Code § 36-7-29-1 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the following units:

(1) A city having a population of more than nine thousand eight hundred fifty (9,850) and less than nine thousand nine hundred (9,900).

(2) A county having a population of more than one hundred eighty-five thousand (185,000) and less than two hundred thousand (200,000).

As added by P.L.44-1994, SEC.11. Amended by P.L.170-2002, SEC.161; P.L.119-2012, SEC.209; P.L.104-2022, SEC.190.
Ind. Code § 36-7-11-8.5 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-8.5
Interim protection
Status: in_force

Sec. 8.5. (a) When submitting a map to the legislative body under section 7 or 8 of this chapter, the commission may declare one (1) or more buildings or structures that are classified and designated as historic on the map to be under interim protection.

(b) Not more than two (2) working days after declaring a building or structure to be under interim protection under this section, the commission shall, by personal delivery or first class mail, provide the owner or occupant of the building or structure with a written notice of the declaration. The written notice must:

(1) cite the authority of the commission to put the building or structure under interim protection under this section;

(2) explain the effect of putting the building or structure under interim protection; and

(3) indicate that the interim protection is temporary.

(c) A building or structure put under interim protection under subsection (a) remains under interim protection until:

(1) in a county other than a county described in subdivision (2), the map is:

(A) submitted to; and

(B) approved in an ordinance or rejected by;

the legislative body of the unit; or

(2) in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000), the earlier of:

(A) thirty (30) days after the building or structure is declared to be under interim protection; or

(B) the date the map is:

(i) submitted to; and

(ii) approved in an ordinance or rejected by;

the legislative body of the unit.

(d) While a building or structure is under interim protection under this section:

(1) the building or structure may not be demolished or moved; and

(2) the exterior appearance of the building or structure may not be conspicuously changed by:

(A) addition;

(B) reconstruction; or

(C) alteration.

As added by P.L.227-1997, SEC.9. Amended by P.L.158-2001, SEC.3; P.L.119-2012, SEC.201; P.L.104-2022, SEC.182.
Ind. Code § 36-8-15-13 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-13
Letting of contracts; modification of projects
Status: in_force

Sec. 13. After final approval of the resolution by the board, the board shall proceed with the project, or any part thereof, and shall let all contracts, upon separate plans and specifications, in accordance with IC 5-22, IC 36-1-10, IC 36-1-12, and IC 36-9-13. The projects authorized may be modified by the board if it considers modification necessary to carry out the purpose of the resolution, so long as the modifications do not increase the estimate of the total cost of the project as adopted in the final resolution. All other changes must be processed as new resolutions.

As added by P.L.82-1985, SEC.3. Amended by P.L.2-1989, SEC.51; P.L.49-1997, SEC.82.
Ind. Code § 36-4-3-22.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-22.1
Notice to chairman of alcohol and tobacco commission of licensed premises
Status: in_force

Sec. 22.1. Not later than ten (10) days after an annexation ordinance is filed under section 22 of this chapter, the annexing municipality shall provide notice to the chairman of the alcohol and tobacco commission in accordance with IC 7.1-4-9-7 of any licensed premises located within the annexed territory.

As added by P.L.194-2021, SEC.67.
Ind. Code § 36-7-14.5-19 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-19
Bonds; procedures; legislative body approval; use of revenue
Status: in_force

Sec. 19. (a) Subject to the prior approval of the legislative body of the unit under IC 36-7-14-25.1, the authority may issue bonds for the purpose of obtaining money to pay the cost of:

(1) acquiring property;

(2) constructing, improving, reconstructing, or renovating one (1) or more local public improvements; or

(3) funding or refunding bonds issued under this chapter or IC 36-7-14.

(b) The bonds are payable solely from the lease rentals from the lease of the local public improvement for which the bonds were issued, insurance proceeds, and any other funds pledged or available.

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

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

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

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

(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of the acquisition or construction, or both, of local public improvements, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:

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

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

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

(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;

(7) interest during construction and for a period thereafter determined by the board, but in no event to exceed five (5) years;

(8) financial advisory fees;

(9) insurance during construction;

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

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

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.35-1990, SEC.61; P.L.149-2014, SEC.28.
Ind. Code § 36-11-3-1 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-1
Initiation by governing body
Status: in_force

Sec. 1. (a) The establishment of a district may be initiated only by the governing body.

(b) The dissolution of a district may be initiated only by the governing body.

(c) A notice of intent to establish or dissolve a district must be filed in:

(1) the office of the executive of each governmental entity having territory within the proposed district or the district proposed for dissolution;

(2) the department of environmental management; and

(3) the Indiana department of health.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.56-2023, SEC.342.
Ind. Code § 36-7-7.7-6 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-6
Withdrawal
Status: in_force

Sec. 6. (a) This section applies to any eligible political subdivision authorized to join the MPO under section 4 of this chapter.

(b) An eligible political subdivision described in subsection (a) may withdraw from the MPO without the approval of the MPO. However, the withdrawal of a county does not affect the membership of eligible political subdivisions within that county that are already members of the MPO. The MPO shall provide a process for withdrawal from the MPO in the MPO's bylaws.

(c) The MPO shall notify the governor's office promptly in writing when a member withdraws from the MPO.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-9-23-8 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-8
Board; restoration of works
Status: in_force

Sec. 8. If requested to do so by the proper authority, the board shall, to the extent possible from money provided under this chapter, restore to their original condition any public ways or public works damaged by the board in the performance of its duties.

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

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-7.6-2-3 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-3
Units that may establish a development authority; requirements
Status: in_force

Sec. 3. (a) A development authority may be established by any of the following:

(1) One (1) or more counties and one (1) or more adjacent counties.

(2) One (1) or more counties and one (1) or more qualified cities in adjacent counties.

(3) One (1) or more qualified cities and one (1) or more qualified cities in adjacent counties.

(b) A county or qualified city may participate in the establishment of a development authority under this section and become a member of the development authority only if the fiscal body of the county or qualified city adopts an ordinance authorizing the county or qualified city to participate in the establishment of the development authority.

(c) When a county establishes a development authority with another unit as provided in this chapter, each qualified city and third class city in the county also becomes a member of the development authority, without further action by the qualified city, third class city, or the development authority.

(d) Notwithstanding any other provision of this article, a county or municipality may be a member of only one (1) development authority.

(e) Notwithstanding any other provision of this article, a county or municipality that is a member of the northwest Indiana regional development authority under IC 36-7.5 may not be a member of a development authority under this article.

(f) A development authority shall notify the Indiana economic development corporation in writing promptly after the development authority is established.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.10.
Ind. Code § 36-5-2-10 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-10
Ordinance, order, or resolution adoption; requirements
Status: in_force

Sec. 10. (a) An ordinance, order, or resolution passed by the legislative body is considered adopted when it is signed by the executive. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.

(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1, unless:

(1) it is published under subsection (c); or

(2) it declares an emergency requiring its immediate effectiveness and is posted in:

(A) one (1) public place in each district in the town; or

(B) a number of public places in the town equal to the number of town legislative body members, if the town has abolished legislative body districts under section 4.1 of this chapter.

(c) Except as provided in subsection (e), if a town publishes any of its ordinances in book or pamphlet form, no other publication is required. If an ordinance prescribing a penalty or forfeiture for a violation is published under this subsection, it takes effect two (2) weeks after the publication of the book or pamphlet. Publication under this subsection, if authorized by the legislative body, constitutes presumptive evidence:

(1) of the ordinances in the book or pamphlet;

(2) of the date of adoption of the ordinances; and

(3) that the ordinances have been properly signed, attested, recorded, and approved.

(d) This section (other than subsection (f)) does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.

(e) An ordinance increasing a building permit fee on new development must:

(1) be published:

(A) one (1) time in accordance with IC 5-3-1; and

(B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and

(2) delay the implementation of the fee increase for one hundred eighty (180) days after the date the ordinance is published under subdivision (1).

(f) Subject to subsection (j), the legislative body shall:

(1) subject to subsection (g), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental restrictive ordinance; and

(2) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.

(g) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subsection (f)(1).

(h) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subsection (f).

(i) The failure of an environmental restrictive ordinance to comply with subsection (h) does not void the ordinance.

(j) The notice requirements of subsection (f) apply only if the municipal corporation received under IC 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in subsection (f) as part of a risk based remediation proposal:

(1) approved by the department; and

(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.

[Pre-Local Government Recodification Citation: 18-3-1-48 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.18; P.L.335-1985, SEC.38; P.L.7-1990, SEC.64; P.L.100-2003, SEC.3; P.L.78-2009, SEC.26; P.L.159-2011, SEC.47; P.L.105-2013, SEC.3; P.L.73-2026, SEC.12.
Ind. Code § 36-10-10-20 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-20
Revenue bonds; execution; sale; authority to issue refunding bonds
Status: in_force

Sec. 20. (a) The bonds shall be executed by the president of the board, and the corporate seal of the authority shall be affixed and attested by the secretary of the board. The interest coupons attached to the bonds shall be executed by placing the facsimile signature of the treasurer on them. The bonds shall be sold by the board:

(1) at a public sale for not less than the par value; or

(2) alternatively, at a negotiated sale.

Notice of sale shall be published in accordance with IC 5-3-1.

(b) If the bonds are sold at a public sale, the board shall award the bonds to the highest bidder as determined by computing the total interest on the bonds from the date of issue to the dates of maturity and deducting the premium bid, if any, unless the board determines that no acceptable bid has been received. In that case the sale may be continued from day to day, not to exceed thirty (30) days. A bid may not be accepted that is lower than the highest bid received at the time fixed for sale in the bond sale notice.

(c) Any premium received from the sale of the bonds shall be used solely for the payment of principal and interest on the bonds. The board may also issue refunding bonds under IC 5-1-5.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.125-2018, SEC.12; P.L.38-2021, SEC.108; P.L.236-2023, SEC.215; P.L.230-2025, SEC.151.
Ind. Code § 36-9-38-18 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-18
Plans, specifications, and cost estimates
Status: in_force

Sec. 18. (a) Upon adoption of a resolution establishing an improvement district, the petitioners for the district shall submit any plans, specifications, and estimates of the cost of the proposed improvement that the petitioners have prepared to the municipal works board for review and approval.

(b) If the petitioners have not prepared plans and specifications, the works board shall have plans, specifications, and estimates of the cost of the proposed improvement prepared. For the purpose of preparing plans, specifications, and estimates of cost, the works board may employ architects, engineers, and other necessary consultants without an appropriation. The petitioners may advance money for this employment, subject to reimbursement, or the municipality may advance money on the approval of the municipal legislative body from unappropriated funds without an appropriation, also subject to reimbursement.

(c) Estimates of costs prepared under this section must include the following:

(1) Architectural, appraisal, consultant, engineering, legal, supervision, and other professional fees.

(2) The cost of plans and specifications, including amounts to be reimbursed under subsection (b).

(3) Construction costs, including the cost of land, material, and labor.

(4) All other related and incidental expenses.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-7-7.7-8 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-8
Bylaws and rules; record keeping
Status: in_force

Sec. 8. The MPO may adopt bylaws and rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations. The MPO's record is a public record.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-9-25-34 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-34
Deposit and use of fees; revolving fund for payment of preliminary expenses
Status: in_force

Sec. 34. (a) All revenues derived from the collection of fees for sewage treatment become a part of the sanitary maintenance and general expense fund established under section 32 of this chapter and shall be deposited, held, and used as provided in that section, except any part that the board sets aside in the sanitary district bond fund established under section 29 of this chapter or the sinking fund established under section 41 of this chapter.

(b) The board may appropriate and set aside from the sanitary maintenance and general expense fund an amount of money to be used as a revolving fund for the payment of necessary preliminary expenses incurred by the board in connection with proposed projects, such as making surveys, estimating cost, employing engineers and other employees, preparing plans and specifications, and all other expenses to be paid before the issuance and sale of bonds under section 27 of this chapter.

(c) The revolving fund shall be fully repaid by the board out of the first proceeds of the sale of bonds to the extent that the expenses paid are chargeable to the cost of acquiring land or construction under a resolution adopted and confirmed under section 18 of this chapter. The appropriations to the revolving fund shall be made in accordance with statutes governing appropriations by municipal corporations, but it is not necessary to appropriate the money set aside in the revolving fund before making expenditures from it.

[Pre-Local Government Recodification Citations: 19-2-14-25; 19-2-20-9.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.80-1997, SEC.22.
Ind. Code § 36-7.5-4-18 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-18
Exclusive approval; development authority; financing a rail project
Status: in_force

Sec. 18. Subject to IC 5-1.3, the development authority is the exclusive fiscal officer for and has final approval for financing a transportation project involving a rail project under this article.

As added by P.L.248-2017, SEC.9. Amended by P.L.189-2018, SEC.177.
Ind. Code § 36-1-14-1 — Indiana Code / Title 36 / Article 1 / Chapter 14 / Section 36-1-14-1
Donation of proceeds of sale of utility, facility, or gift, conditions; donations after 12/31/15, distribution may be governed by IC 30-2-12; no reduction of property tax levies
Status: in_force

Sec. 1. (a) This section does not apply to donations of gaming revenue to a public school endowment corporation under IC 20-47-1-3.

(b) As used in this section, "gaming revenue" means either of the following:

(1) Tax revenue received by a unit under IC 4-33-12-6, IC 4-33-13, or an agreement to share a city's or county's part of the tax revenue.

(2) Revenue received by a unit under IC 4-35-8.5 or an agreement to share revenue received by another unit under IC 4-35-8.5.

(c) Notwithstanding IC 8-1.5-2-6(d), a unit may donate the proceeds from the sale of a utility or facility or from a grant, a gift, a donation, an endowment, a bequest, a trust, or gaming revenue to a foundation under the following conditions:

(1) The foundation is a charitable nonprofit community foundation.

(2) The foundation retains all rights to the donation, including investment powers.

(3) The foundation agrees to do the following:

(A) Hold the donation as a permanent endowment.

(B) Distribute the income from the donation only to the unit as directed by resolution of the fiscal body of the unit.

(C) Return the donation to the general fund of the unit if the foundation:

(i) loses the foundation's status as a public charitable organization;

(ii) is liquidated; or

(iii) violates any condition of the endowment set by the fiscal body of the unit.

(d) This subsection applies only to the donation of proceeds described in subsection (c) that occurs after December 31, 2015. Notwithstanding subsection (c)(3)(B), the unit and the foundation may agree that distribution of the proceeds is governed by IC 30-2-12.

(e) The department of local government finance may not reduce a unit's property tax levy under IC 6-1.1-18.5 or any other law because of any of the following:

(1) The donation of the proceeds of money from the sale of a utility or a facility as provided in this section.

(2) A distribution from the endowment to the unit as provided in this section.

(3) A return of the donation to the general fund of the unit as provided in this section.

As added by P.L.313-1995, SEC.1. Amended by P.L.17-2000, SEC.2; P.L.1-2005, SEC.236; P.L.231-2005, SEC.51; P.L.1-2006, SEC.558; P.L.2-2006, SEC.190; P.L.142-2009, SEC.32; P.L.114-2017, SEC.1.
Ind. Code § 36-7-19-4 — Indiana Code / Title 36 / Article 7 / Chapter 19 / Section 36-7-19-4
Contracts for services, improvements, and facilities
Status: in_force

Sec. 4. In connection with:

(1) a housing project under this article; or

(2) a similar project of the federal government;

wholly or partly within its jurisdiction, a political subdivision may contract with a housing authority or the federal government with respect to the sums (if any) that the housing authority or the federal government agrees to pay, during any year or period of years, to the political subdivision for the improvements, services, and facilities to be furnished by it for the benefit of the housing project. However, the amount of these payments may not exceed the estimated cost to the political subdivision of the improvements, services, or facilities to be furnished. The absence of a contract for payment does not relieve the political subdivision of the duty to furnish, for the benefit of the housing project, improvements, services, and facilities that the political subdivision usually furnishes without a service fee.

[Pre-Local Government Recodification Citation: 18-7-12-5.]

As added by Acts 1981, P.L.309, SEC.38.
Ind. Code § 36-7-7-4 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-4
Members; appointment; compensation; certification; vacancies
Status: in_force

Sec. 4. (a) The following members of the commission shall be appointed from each county in the region:

(1) A representative of the county executive who may be either a member of the executive or a person appointed by it.

(2) A representative of the county fiscal body who must be a member of the fiscal body.

(b) The following members of the commission shall be appointed from each county in the region having a population of more than fifty thousand (50,000):

(1) The county surveyor or a person appointed by the surveyor.

(2) Two (2) persons appointed by the executive of each municipality having a population of more than fifty thousand (50,000).

(3) One (1) person appointed by the executive of each of the seven (7) largest municipalities having a population of less than fifty thousand (50,000). If there are fewer than seven (7) municipalities, enough additional persons appointed by the county executive to bring the total appointed under this subdivision to seven (7).

(c) The following members of the commission shall be appointed from each county in the region having a population of less than fifty thousand (50,000):

(1) One (1) person appointed by the executive of each of the five (5) largest municipalities or of each municipality if there are fewer than five (5).

(2) If there are fewer than five (5) municipalities, enough additional persons appointed by the county executive to bring the total appointed under this subsection to five (5).

(d) One (1) voting member of the commission shall be appointed by the governor.

(e) At least two-thirds (2/3) of the commission members must be elected officials. All persons appointed to the commission must be:

(1) knowledgeable in matters of physical, social, or economic development of the region; and

(2) residents of the municipality, county, or region that they represent.

A member of the commission may also serve as a member of a plan commission in the region.

(f) Members of the commission shall serve without salary but may be reimbursed for expenses incurred in the performance of their duties.

(g) The respective appointing authorities shall certify their appointments, and the certification shall be retained as a part of the records of the commission.

(h) If a vacancy occurs by resignation or otherwise, the respective appointing authority shall appoint a member for the unexpired term. Members shall be certified annually, and their terms expire on December 31 of each year.

[Pre-Local Government Recodification Citation: 18-7-1.1-4(a), (b), (c).]

As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981, P.L.310, SEC.63; P.L.144-1992, SEC.2; P.L.168-1994, SEC.1; P.L.165-2003, SEC.4.
Ind. Code § 36-1-24-16 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-16
Application for permit when previous permit was revoked
Status: in_force

Sec. 16. An owner may apply for a permit for a short term rental for which a previous permit of the owner was revoked by the unit. However, a new permit may not be issued until any outstanding fines are paid for ordinance violation citations issued to the owner with regard to use of the short term rental.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-7-40-7 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-7
Annual budget; expenditures
Status: in_force

Sec. 7. (a) Not later than November 1 of each year, the board shall prepare and submit to the city fiscal body a budget for the following calendar year governing the board's projected expenditures from the economic enhancement district project fund. The city fiscal body may approve, modify, or reject the proposed budget.

(b) The board may make an expenditure from the economic enhancement district project fund only if the expenditure is approved by the city fiscal body in its review of the board's budget or is otherwise approved by the city fiscal body.

As added by P.L.201-2023, SEC.279.
Ind. Code § 36-7-30.5-14 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-14
Duties of development authority
Status: in_force

Sec. 14. The development authority shall do the following:

(1) Investigate, study, and survey the area surrounding and the real property and structures that are part of the military base.

(2) Investigate, study, and determine the means by which military base property may be developed or reused by private enterprise to promote economic development within counties represented on the development authority or by state and local government to otherwise benefit the welfare of the citizens of the counties represented on the development authority.

(3) Promote the development of military base property in the manner that best serves the interests of the state and its inhabitants.

(4) Cooperate with the departments and agencies of units and of other governmental entities, including the state and the federal government, in the manner that best serves the purposes of this chapter.

(5) Make findings and reports on their activities under this section, and keep the reports available for inspection by the public.

(6) Select and acquire military base property to be developed or reused by private enterprise or state or local government under this chapter.

(7) Transfer acquired military base property and other real and personal property to private enterprise or state or local government in the manner that best serves the social and economic interests of the state and the state's inhabitants.

(8) Consider recommendations made by the task force concerning the operations of the development authority.

As added by P.L.203-2005, SEC.11. Amended by P.L.228-2019, SEC.8.
Ind. Code § 36-9-12-2 — Indiana Code / Title 36 / Article 9 / Chapter 12 / Section 36-9-12-2
Use of parking meters authorized
Status: in_force

Sec. 2. A municipality may:

(1) regulate the parking or standing of vehicles upon or off any public way in the municipality; and

(2) provide for the collection of license fees from a person parking or standing a vehicle upon or off any public way in the municipality;

by the use of parking meters. Regulations and fees under this section must be established by ordinance.

[Pre-Local Government Recodification Citation: 18-6-13-1 part.]

As added by Acts 1981, P.L.309, SEC.85.
Ind. Code § 36-9-39-7 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-7
Sewage works for use by owners of abutting property; bidding procedure
Status: in_force

Sec. 7. If the proposed sewage works are intended only for use by owners of abutting property, the municipal works board shall in accordance with IC 5-3-1 publish a notice that does the following:

(1) Informs the public and contractors of the following:

(A) The general nature of the works.

(B) The fact that drawings and specifications of the works are on file in the office of the works board.

(2) Requests sealed proposals for the works by a specified date.

(3) Specifies the date the proposals shall be opened and considered.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-9-28-2 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-2
Order to construct or improve; issuance; drawings and specifications for project
Status: in_force

Sec. 2. A municipal works board acting under this chapter may issue an order to construct or improve a levee, change or improve a natural or artificial watercourse, drain a section of land, or construct a sewer or drain, if:

(1) the proposed project is designed to benefit land inside and outside the corporate boundaries of the municipality; and

(2) the works board finds that the proposed project is necessary for the welfare of all or part of the municipality.

If the works board issues such an order, it shall have the necessary drawings and specifications for the project prepared and filed in its office.

[Pre-Local Government Recodification Citation: 19-4-20-2.]

As added by Acts 1981, P.L.309, SEC.104.
Ind. Code § 36-1-10.5-2 — Indiana Code / Title 36 / Article 1 / Chapter 10.5 / Section 36-1-10.5-2
"Parking facility" defined
Status: in_force

Sec. 2. As used in this chapter, "parking facility" refers to a parking facility as defined in IC 36-9-1.

As added by P.L.336-1987, SEC.1.
Ind. Code § 36-7-32.5-14.5 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-14.5
Financial activity reporting requirements
Status: in_force

Sec. 14.5. (a) Not later than April 15 of each year, the corporation and the executive of a county, city, or town in which an innovation development district is designated under section 9 of this chapter shall submit a report setting out the innovation development district's activities during the preceding calendar year to the:

(1) fiscal body of the county, city, or town; and

(2) department of local government finance in an electronic format.

(b) The report required under subsection (a) must include the following information set forth for each innovation development 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) Amounts distributed to cities, towns, counties, or school corporations as described in section 19(e) of this chapter.

As added by P.L.145-2025, SEC.20.
Ind. Code § 36-7-17.1-7 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-7
Conveyances; duties of recipients
Status: in_force

Sec. 7. (a) The conveyance of a dwelling to an applicant under this chapter shall be made in return for a fee of:

(1) one dollar ($1); plus

(2) the amounts described in IC 6-1.1-24-5(e)(4) through IC 6-1.1-24-5(e)(6);

if the applicant executes an agreement that meets the minimum conditions specified in subsection (b).

(b) The agreement described in subsection (a) must include the following minimum conditions:

(1) The applicant must apply for and receive a rehabilitation loan with respect to the dwelling and the real property on which it is located not later than the period prescribed by the director of the agency in the rules and regulations described in section 11 of this chapter.

(2) Upon receiving the rehabilitation loan described in subdivision (1), the applicant must comply with the program regulations set forth in 24 CFR 203.50 and 24 CFR 203.440 et seq., with respect to the rehabilitation loan described in subdivision (1).

(3) The applicant must comply with any additional terms, conditions, and requirements that the agency may impose to ensure that the purposes of this chapter are carried out. This may include the requirement that the dwelling be rehabilitated to minimum building code standards before possession.

As added by P.L.118-2013, SEC.16. Amended by P.L.251-2015, SEC.34; P.L.149-2016, SEC.98.
Ind. Code § 36-2-6-14.5 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-14.5
Special assessment required to be certified to county auditor
Status: in_force

Sec. 14.5. Notwithstanding any other provision of law, a special assessment required to be certified to the county auditor and added to the tax duplicate by law shall be certified within each county on or before a uniform date or dates established by the legislative body of that county. If the legislative body of a county does not establish a date for the certification required by this section, a special assessment required to be certified to the county auditor and added to the tax duplicate by law shall be certified on or before the assessment date.

As added by P.L.154-1999, SEC.3. Amended by P.L.245-2015, SEC.26.
Ind. Code § 36-7-12-11 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-11
Commissioners; oaths; certificates of appointment
Status: in_force

Sec. 11. Before beginning the economic development commissioner's duties, each economic development commissioner, shall take and subscribe an oath of office in the usual form, to be indorsed upon the certificate of the economic development commissioner's appointment. The certificate shall be promptly filed with the clerk of the fiscal body that established the department.

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

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.194.
Ind. Code § 36-9-38-28 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-28
Lien of assessment
Status: in_force

Sec. 28. Each assessment levied under this chapter (or under IC 36-9-20 before its repeal in 1993) is a lien on the real property assessed. This lien is second in priority only to taxes levied on the property.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-10-10-3 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-3
Creation; procedure
Status: in_force

Sec. 3. The legislative body of a city may adopt an ordinance to create an authority under this chapter for the purpose of financing, acquiring, constructing, equipping, and leasing to the city in which the authority is created land and a building or buildings for civic purposes. Upon the adoption of the ordinance a separate municipal corporation known as the "_____________ Civic Center Building Authority" (including the name of the city) is created. The clerk of the city shall file a certified copy of the resolution with the judge of the circuit court of the county in which the authority is created.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-9-11.1-18 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-18
Payments to and from general fund of department
Status: in_force

Sec. 18. (a) Whenever all bonds and other obligations of any particular parking facility have been fully paid and discharged, any surplus in any fund allocated for that purpose reverts to the general fund of the department. The fund may be used to make up and pay any deficiency that may occur in any other fund for the payment of the bonds and interest issued for any other parking facility under the control of the department. This use of the general fund may continue until all outstanding bonds on all parking facilities have been fully paid.

(b) The board may also pay to the consolidated city in any year, from any available balance in the general fund of the department, such sum as it considers reasonable and that may be available to compensate the city for its loss of revenue in the annual taxes assessable on property of the estimated current and equivalent value of that acquired for all parking facilities, so long as they remain free of taxes.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-8-16.8-9 — Indiana Code / Title 36 / Article 8 / Chapter 16.8 / Section 36-8-16.8-9
Prohibition on service as public safety telecommunicator
Status: in_force

Sec. 9. Subject to section 8 of this chapter, after December 31, 2023, an individual may not work as a public safety telecommunicator for a unit unless the individual has completed the unit's training program established under section 6 of this chapter.

As added by P.L.13-2022, SEC.2.
Ind. Code § 36-6-9-12 — Indiana Code / Title 36 / Article 6 / Chapter 9 / Section 36-6-9-12
Annual adoption of plan required
Status: in_force

Sec. 12. (a) Beginning January 1, 2028, a township must adopt a plan on an annual basis. The township must file the plan with the department of local government finance in the form and manner prescribed by the department of local government finance.

(b) A plan must include:

(1) the balance of all unrestricted funds that exceed the township's budget for the following year; and

(2) the purpose for which all unrestricted funds are being retained.

As added by P.L.173-2025, SEC.38. Amended by P.L.156-2026, SEC.31.
Ind. Code § 36-7-13-2.6 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-2.6
"Gross retail incremental amount"
Status: in_force

Sec. 2.6. (a) Except as provided in subsection (b), as used in this chapter, "gross retail incremental amount" means the remainder of:

(1) the aggregate amount of state gross retail and use taxes that are remitted under IC 6-2.5 by businesses operating in a district during a state fiscal year; minus

(2) the gross retail base period amount;

as determined by the department of state revenue under section 14 of this chapter.

(b) For purposes of a district designated under section 12.1 of this chapter, "gross retail incremental amount" means seventy-five percent (75%) of the amount described in subsection (a).

As added by P.L.125-1998, SEC.6. Amended by P.L.224-2003, SEC.233.
Ind. Code § 36-7-2-13 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-13
Adoption or enforcement of an ordinance or regulation; chapter house
Status: in_force

Sec. 13. (a) As used in this section, "chapter house" means a building or portion of a building used as a residence for students who are:

(1) active members of the same fraternity or sorority; and

(2) enrolled at the same college or university.

(b) As used in this section, "college or university" has the meaning set forth in IC 21-7-13-10.

(c) As used in this section, "ordinance or regulation" means a planning or zoning ordinance or regulation adopted under IC 36-7-4.

(d) A county, city, or town may not:

(1) adopt an ordinance or regulation that; or

(2) enforce an ordinance or regulation in a manner that;

differentiates between chapter houses on the sole basis of whether a chapter house is approved or recognized by a college or university or a chapter house is not approved or recognized by a college or university.

As added by P.L.137-2023, SEC.14.
Ind. Code § 36-7-3-11 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-11
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-5-10-43; 18-5-10-50 part.]

As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.6. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-9-12-1 — Indiana Code / Title 36 / Article 9 / Chapter 12 / Section 36-9-12-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

[Pre-Local Government Recodification Citation: 18-6-13-1 part.]

As added by Acts 1981, P.L.309, SEC.85.
Ind. Code § 36-7-27-13 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-13
Incremental income tax financing fund; collection of tax; disbursement and pledge of fund; sufficiency to meet obligations; district business information
Status: in_force

Sec. 13. (a) The treasurer of state shall establish an incremental income tax financing fund for the county. 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) Before July 2 of each calendar year, the department, after reviewing the recommendation of the budget agency, shall estimate and certify to the county auditor the amount of incremental income tax for the tax areas in the county that will be collected from that county during the twelve (12) month period beginning July 1 of that calendar year and ending June 30 of the following calendar year. The amount certified shall be deposited into the fund and shall be distributed on the dates specified in subsection (e) for the following calendar year. The amount certified may be adjusted under subsection (c) or (d). Taxpayers operating in the tax area shall report annually, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate the incremental income tax amount. A taxpayer operating in the tax area that files a consolidated tax return with the department also shall file annually an informational return with the department for each business location of the taxpayer within the tax area. If a taxpayer fails to report the information required by this section, the department shall use the best information available in calculating the amount of incremental income taxes.

(c) The department may certify to the county an amount that is greater than the estimated twelve (12) month incremental income tax collection if the department, after reviewing the recommendation of the budget agency, determines that there will be a greater amount of incremental income tax available for distribution from the fund.

(d) The department may certify an amount less than the estimated twelve (12) month incremental income tax collection if the department, after reviewing the recommendation of the budget agency, determines that a part of those collections need to be distributed during the current calendar year so that the county will receive its full certified amount for the current calendar year.

(e) The state comptroller shall disburse the certified amount to the commission in equal semiannual installments on May 31 and November 30 of each year.

(f) Money in the fund may be pledged by the commission to the following purposes:

(1) To pay debt service on the bonds issued under section 14 of this chapter.

(2) To pay lease rentals under section 14 of this chapter.

(3) To establish and maintain a debt service reserve established by the commission or by a lessor that provides local public improvements to the commission.

(g) When money in the fund is sufficient when combined with other sources of payment to pay all outstanding principal and interest or lease rentals to the date on which the obligations can be redeemed on obligations of the commission for a local public improvement in the county, no additional incremental income tax for that project shall be deposited in the fund and covered local income taxes shall be distributed as provided in IC 6-3.6-9.

As added by P.L.27-1992, SEC.28. Amended by P.L.261-2013, SEC.44; P.L.197-2016, SEC.131; P.L.85-2017, SEC.124; P.L.9-2024, SEC.550.
Ind. Code § 36-7-15.2-16 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-16
Transmission to state department and authority; contents
Status: in_force

Sec. 16. Within thirty (30) days after the approval of the creation of the district by the unit under section 15 of this chapter, the commission shall transmit to the department of state revenue and the Indiana finance authority the following:

(1) A certified copy of the resolution designating the district.

(2) A complete list of street names and the range of street numbers of each street located within the district.

(3) Information concerning the proposed redevelopment and economic development of the district, which information may be modified from time to time after the initial filing.

(4) A certificate by the presiding officer of the commission stating that the commission will pursue the implementation of the plan for the redevelopment and economic development of the district in an expeditious manner.

As added by P.L.84-1987, SEC.13. Amended by P.L.11-1990, SEC.134; P.L.235-2005, SEC.211.
Ind. Code § 36-10-3-6 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-6
Board member; removal; procedure
Status: in_force

Sec. 6. An individual who is appointed a member serves at the pleasure of the member's appointing authority as long as:

(1) the officeholder who appointed the individual continues to hold the office; or

(2) the board, committee, or body that appointed the individual retains all of the same members who served on the board, committee, or body when the individual was appointed.

If subdivision (1) or (2) does not apply, the member may be removed only for cause, upon specific written charges filed against the member. The charges shall be filed with and heard by the appointing authority, unless the appointing authority is bringing the charges. If the appointing authority is bringing the charges, the unit's fiscal body shall appoint a hearing officer. The person to hear the charges shall fix a date for a public hearing and give public notice at least ten (10) days in advance of the hearing. At the hearing the member is entitled to present evidence and argument and to be represented by counsel.

[Pre-Local Government Recodification Citation: 19-7-4-9.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.3; P.L.127-2017, SEC.377; P.L.40-2026, SEC.24.
Ind. Code § 36-1-21-7 — Indiana Code / Title 36 / Article 1 / Chapter 21 / Section 36-1-21-7
Noncompliance reported to the department of local government finance
Status: in_force

Sec. 7. If the state board of accounts finds that a unit has not implemented a policy under this chapter, the state board of accounts shall forward the information to the department of local government finance.

As added by P.L.135-2012, SEC.8.
Ind. Code § 36-8-7-12.2 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-12.2
Members dying other than in line of duty
Status: in_force

Sec. 12.2. (a) This section applies to an active or retired member who dies other than in the line of duty (as defined in section 12.4 of this chapter).

(b) If a member of the fire department or a retired member of the 1937 fund dies and leaves:

(1) a surviving spouse;

(2) a child or children less than eighteen (18) years of age;

(3) a child or children at least eighteen (18) years of age who are mentally or physically incapacitated; or

(4) a child or children less than twenty-three (23) years of age who are:

(A) enrolled in and regularly attending a secondary school; or

(B) full-time students at an accredited college or university;

the local board shall authorize the payment to the surviving spouse and to the child or children the amount from the fund as prescribed by this section. If the surviving spouse of a deceased member remarried before September 1, 1983, and pension benefits ceased on the date of remarriage, the benefits for the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse. If the pension of the surviving spouse of a deceased member has ceased by virtue of the spouse's remarriage, and if the person to whom the spouse has remarried was a retired member of the fire department who was also entitled to a pension, then upon the death of the member to whom the spouse had remarried, the spouse is entitled to receive a pension as the surviving spouse of a deceased member as though the spouse had not been remarried.

(c) If a deceased member of the fire department leaves no surviving spouse or children but leaves a dependent parent, and upon satisfactory proof that the parent was wholly dependent upon the deceased member, the local board shall authorize the monthly payment to the parent from the 1937 fund that is prescribed by this section.

(d) If a member dies while in active service or after retirement:

(1) the surviving spouse is entitled to receive an amount fixed by ordinance but not less than:

(A) for the surviving spouse of a member who dies before January 1, 1989, thirty percent (30%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension; and

(B) for the surviving spouse of a member who dies after December 31, 1988, except as otherwise provided in this clause, an amount per month, during the spouse's life, equal to the greater of thirty percent (30%) of the monthly pay of a first class firefighter or fifty-five percent (55%) of the monthly benefit the deceased member was receiving or was entitled to receive on the date of the member's death (these amounts shall be proportionately increased or decreased if the salary of a first class firefighter is increased or decreased); however, if the deceased member was not entitled to a benefit because the member had not completed twenty (20) years of service, for purposes of computing the second amount under this item, the member's benefit is considered to be fifty percent (50%) of the monthly salary of a first class firefighter in the unit at the time of payment of the pension;

(2) the member's children who are:

(A) less than eighteen (18) years of age; or

(B) less than twenty-three (23) years of age if the children are enrolled in and regularly attending a secondary school or are full-time students at an accredited college or university;

are each entitled to receive an amount fixed by ordinance but not less than twenty percent (20%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension; and

(3) each parent of a deceased member who was eligible for a pension is entitled to receive jointly an amount equal to thirty percent (30%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension.

If the local board finds upon the submission of satisfactory proof that a child eighteen (18) years of age or older is mentally or physically incapacitated, is not a ward of the state, and is not receiving a benefit under subdivision (2)(B), the child is entitled to receive the same amount as is paid to the surviving spouse of a deceased firefighter, as long as the mental or physical incapacity continues. A sum paid for the benefit of a child or children shall be paid to the remaining parent, if alive, as long as the child or children reside with and are supported by the parent. If the parent dies, the sum shall be paid to the lawful guardian of the child or children.

(e) The monthly pension payable to a survivor may not be reduced below the amount of the first full monthly pension received by that person.

(f) A benefit payable under this section shall be paid in not less than twelve (12) monthly installments.

As added by P.L.118-2000, SEC.12.
Ind. Code § 36-5-4-9 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-9
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-20-2 part.]

As added by Acts 1980, P.L.212, SEC.4. Repealed by Acts 1980, P.L.73, SEC.23.
Ind. Code § 36-7-35-7 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-7
"Qualified expenditure" defined
Status: in_force

Sec. 7. As used in this chapter, "qualified expenditure" means an expenditure made by a taxpayer for maintenance activities that qualify the taxpayer for a credit under IC 6-3.1-32.5 as determined under a PMA ordinance.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-1-15-9 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-9
Liability for erroneous determination or computation
Status: in_force

Sec. 9. The department of local government finance is not liable for an erroneous determination or computation made by the department under this chapter.

As added by P.L.6-1997, SEC.203. Amended by P.L.90-2002, SEC.468.
Ind. Code § 36-2-9-11 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-11
Treasurer's report; filing
Status: in_force

Sec. 11. The auditor shall file the original of the county treasurer's monthly report under IC 36-2-10-16 with the records of the county board of finance, present one (1) copy to the county executive at its next regular meeting, and immediately transmit one (1) copy to the state board of accounts.

[Pre-Local Government Recodification Citation: 17-3-34-1 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-1-12-1.2 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-1.2
Definitions
Status: in_force

Sec. 1.2. The following definitions apply throughout this chapter:

(1) "Board" means the board or officer of a political subdivision or an agency having the power to award contracts for public work.

(2) "Contractor" means a person who is a party to a public work contract with the board.

(3) "Subcontractor" means a person who is a party to a contract with the contractor and furnishes and performs labor on the public work project. The term includes material men who supply contractors or subcontractors.

(4) "Escrowed income" means the value of all property held in an escrow account over the escrowed principal in the account.

(5) "Escrowed principal" means the value of all cash and securities or other property placed in an escrow account.

(6) "Operating agreement" has the meaning set forth in IC 5-23-2-7.

(7) "Person" means any association, corporation, limited liability company, fiduciary, individual, joint venture, partnership, sole proprietorship, or any other legal entity.

(8) "Property" means all:

(A) personal property, fixtures, furnishings, inventory, and equipment; and

(B) real property.

(9) "Public fund" means all funds that are:

(A) derived from the established revenue sources of a political subdivision or an agency of a political subdivision; and

(B) deposited in a general or special fund of a municipal corporation, or another political subdivision or agency of a political subdivision.

The term does not include funds received by a person under a duly authorized public-private agreement under IC 5-23 or proceeds of bonds payable exclusively by a private entity.

(10) "Retainage" means the amount to be withheld from a payment to the contractor or subcontractor until the occurrence of a specified event.

(11) "Specifications" means a description of the physical characteristics, functional characteristics, extent, or nature of any public work required by the board.

(12) "Substantial completion" refers to the date when the construction of a structure is sufficiently completed, in accordance with the plans and specifications, as modified by any complete change orders agreed to by the parties, so that it can be occupied for the use for which it was intended.

As added by P.L.329-1985, SEC.9. Amended by P.L.82-1995, SEC.13; P.L.73-1995, SEC.3; P.L.49-1997, SEC.74; P.L.91-2014, SEC.34; P.L.255-2017, SEC.34.
Ind. Code § 36-8-3-17 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-17
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-11-15.]

As added by Acts 1981, P.L.309, SEC.52. Repealed by P.L.104-1983, SEC.7.
Ind. Code § 36-7-4-1011 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1011
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-2-82; 18-7-4-1011; 18-7-4-89; 18-7-5-93.]

As added by Acts 1981, P.L.309, SEC.23. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-9-4-53 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-53
Books, records, and accounts
Status: in_force

Sec. 53. The books, accounts, records, and transactions of a public transportation corporation are subject to examination, audit, and supervision by the state board of accounts to the same extent as the books, accounts, records, and transactions of other municipal corporations and their officers and departments. However, in lieu of the system of accounts prescribed by the state board of accounts, a public transportation corporation may maintain its books, accounts, records, and transactions according to the financial accounting and reporting elements system, known as "Project Fare", that is established by the federal Urban Mass Transportation Administration.

[Pre-Local Government Recodification Citation: 19-5-2-31.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-1-7-5 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-5-b
Agreements; approval of state officer or state agency having power to control services or facilities; reciprocal borrowing agreements
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. 5. (a) Except as provided in subsection (b) and regardless of the requirements of section 4 of this chapter, if an agreement under section 3 of this chapter concerns the provision of services or facilities that a state officer or state agency has power to control, the agreement must be submitted to that officer or agency for approval before it takes effect.

(b) If a reciprocal borrowing agreement under section 3 of this chapter concerns the provision of library services or facilities between public libraries that are of the same nature as the services provided under the statewide library card program under IC 4-23-7.1-5.1, the reciprocal borrowing agreement is not required to be submitted to the Indiana library board for approval before the reciprocal borrowing agreement takes effect, but a copy of the reciprocal borrowing agreement shall be submitted to the state library.

(c) Approval or disapproval is governed by the same provisions prescribed by section 4(b) of this chapter for the attorney general.

[Pre-Local Government Recodification Citation: 18-5-1-6.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.37-1993, SEC.4; P.L.152-2026, SEC.493.
Ind. Code § 36-10-11-33 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-33
Civic center board of managers; creation; organization
Status: in_force

Sec. 33. (a) The fiscal body of the lessee shall adopt an ordinance creating a board of five (5) members to be known as the "Civic Center Board of Managers". The board of managers shall supervise, manage, operate, and maintain a building and its programs.

(b) A person appointed to the board of managers must be at least twenty-one (21) years of age and a resident of the lessee governmental entity for at least five (5) years. If the lessee is a city, three (3) of the managers shall be appointed by the city executive, and two (2) of the managers shall be appointed by the city legislative body. If the lessee is not a city, all five (5) managers shall be appointed by the fiscal body of the lessee. An officer or employee of a political subdivision may not serve as a manager. The managers serve for terms of three (3) years.

(c) Notwithstanding subsection (b), if the lessee is a city, initial terms of the managers appointed by the executive are as follows:

(1) One (1) manager for a term of one (1) year.

(2) One (1) manager for a term of two (2) years.

(3) One (1) manager for a term of three (3) years.

The initial term of one (1) of the managers appointed by the legislative body is two (2) years, and the other is three (3) years.

(d) Notwithstanding subsection (b), if the lessee is not a city, initial terms of the managers are as follows:

(1) One (1) manager for a term of one (1) year.

(2) Two (2) managers for terms of two (2) years.

(3) Two (2) managers for terms of three (3) years.

(e) A manager may be removed for cause by the appointing authority. Vacancies shall be filled by the appointing authority, and any person appointed to fill a vacancy serves for the remainder of the vacated term. The managers shall be reimbursed for any expenses necessarily incurred in the performance of their duties. The fiscal body of the lessee may adopt an ordinance providing for the payment of a salary or a per diem to a manager who does not hold another lucrative elective or appointive office.

(f) The board of managers shall annually elect officers to serve during the calendar year. The board of managers may adopt resolutions and bylaws governing its operations and procedure and may hold meetings as often as necessary to transact business and to perform its duties. A majority of the managers constitutes a quorum.

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.178-2002, SEC.137; P.L.7-2006, SEC.1.
Ind. Code § 36-12-12-9 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-9
Amending plan; emergencies; increasing tax rate and borrowing funds
Status: in_force

Sec. 9. (a) A library board may amend an adopted and approved plan to:

(1) provide money for the purposes described in section 2(b)(4) of this chapter; or

(2) supplement money accumulated in the capital projects fund for those purposes.

(b) If an emergency arises that results in costs that exceed the amount accumulated in the fund for the purposes described in section 2(b)(4) of this chapter, the library board must immediately apply to the department of local government finance for a determination that an emergency exists. If the department of local government finance determines that an emergency exists, the library board may adopt a resolution to amend the plan. The amendment is not subject to the deadline and the procedures for adoption described in section 3 of this chapter. However, the amendment is subject to modification by the department of local government finance.

(c) An amendment adopted under this section may require the payment of eligible emergency costs from:

(1) money accumulated in the capital projects fund for other purposes; or

(2) money to be borrowed from other funds of the library board or from a financial institution.

The amendment may also provide for an increase in the property tax rate for the capital projects fund to restore money to the fund or to pay principal and interest on a loan. However, before the property tax rate for the fund may be increased, the library board must submit and obtain the approval of the appropriate fiscal body or bodies, as provided in section 4 of this chapter. An increase to the property tax rate for the capital projects fund is effective for property taxes first due and payable for the year next certified by the department of local government finance under IC 6-1.1-17-16. However, the property tax rate may not exceed the maximum rate established under section 10 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-11.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-2.5-34 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-34
Immunity of unit and agents
Status: in_force

Sec. 34. The unit and agents of the unit shall be immune from liability:

(1) to any person or party; and

(2) for any action or inaction by:

(A) an owner of a building; or

(B) a private provider or a private provider's duly authorized representative;

in connection with plan review and inspection services performed by private providers.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-9-11.1-10 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-10
Eminent domain; powers and duties of department and board
Status: in_force

Sec. 10. (a) In exercising the power of eminent domain, the board shall proceed under IC 32-24.

(b) The title to all real property acquired by the department shall be conveyed to "City of ______________".

(c) The board may make and enter into contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter. All contracts shall be entered into under the general provisions of this title.

(d) The board may lease or rent to others any parking facility or any property acquired for off-street parking purposes, including air rights above the facilities or property, in accordance with IC 36-1-11.

(e) The board may sell any property, including air rights, acquired or developed for off-street parking purposes, if it first adopts a resolution specifically describing the property to be sold and declaring either:

(1) that the property is no longer needed for the use of the department; or

(2) that a sale of the property subject to any restriction, limitation, or condition set out in the resolution will effect the purposes of this chapter.

The property shall then be sold in accordance with IC 36-1-11. Property that has been pledged, or the revenues of which have been pledged, to secure the payment of any outstanding obligations on it, may not be sold unless all the obligations are redeemed and cancelled coincidentally with the conveyance of the property.

(f) All conveyances of real property shall be executed in the name of "City of _____________", and must be approved by the executive of the consolidated city. Such an instrument is not required to have a seal in order to be executed.

(g) In the letting of construction contracts the board shall proceed under IC 36-1-12, subject to the approval of the executive.

As added by Acts 1982, P.L.77, SEC.13. Amended by P.L.2-2002, SEC.121.
Ind. Code § 36-7-15.3-8 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-8
Additional powers
Status: in_force

Sec. 8. (a) In addition to its powers under IC 36-10-9.1-11, the authority may also:

(1) finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip local public improvements;

(2) lease those local public improvements to the commission;

(3) sue, be sued, plead, and be impleaded, but all actions against the authority must be brought in the circuit or superior court of the county in which the authority is located;

(4) condemn, appropriate, lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with local public improvements;

(5) acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter;

(6) enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a local public improvement;

(7) design, order, contract for, and contract, reconstruct, and renovate any local public improvements or improvements thereto;

(8) employ managers, superintendents, architects, engineers, attorneys, auditors, clerks, construction managers, and other employees necessary for construction of local public improvements or improvements to them;

(9) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and

(10) take any other action necessary to implement its purposes as set forth in section 7 of this chapter.

(b) Whenever the board determines that the purposes for which the authority was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the authority have been fully paid or satisfied or provision for the payment of the bonds and obligations has been made in accordance with the terms of the resolution or trust indenture securing them, the board may declare the authority dissolved. On the effective date of the resolution of dissolution, the title to all funds and other property owned by the authority at the time of the dissolution vests in the commission on behalf of the unit creating the commission. However, if the commission is not in existence, the title vests in the unit.

As added by P.L.84-1987, SEC.14.
Ind. Code § 36-7-4-1204 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1204
Township joinder; consideration of petition
Status: in_force

Sec. 1204. ADVISORY. Upon the receipt of a petition for joinder from a township, the municipal plan commission shall consider the petition. If the commission is favorable to it, it shall recommend joinder to the municipal legislative body. If the legislative body is favorable, it shall pass a resolution setting forth the terms of the joinder, send one (1) copy to the township executive, and file one (1) copy with the county recorder, which copy shall be filed in the miscellaneous records. If the commission or the legislative body rejects the petition, it shall immediately notify the township executive.

[Pre-Local Government Recodification Citations: 18-7-4-1204; 18-7-6-5.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-7-7.7-5 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-5
Purpose
Status: in_force

Sec. 5. The purpose of the MPO is to institute and maintain a comprehensive planning and programming process for transportation policy and to assist the central Indiana regional development authority in carrying out its duties under IC 36-7.7. The MPO shall coordinate its activities with all member units in the counties and the member units of the central Indiana regional development authority and shall coordinate and assist the planning programs of member units, the central Indiana regional development authority, and the state that relate to its purposes.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-7-24-2 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the board of directors of an authority.

As added by P.L.223-1991, SEC.1.
Ind. Code § 36-7-4-1609 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1609
Petition for order staying zoning decision pending review
Status: in_force

Sec. 1609. (a) A person seeking judicial review may seek, by filing a verified petition, an order of the court staying the zoning decision pending review by the court. The court may enter an order staying the zoning decision pending a final determination if:

(1) the court finds that the petition for review and the petition for a stay order show a reasonable probability that the zoning decision appealed from is invalid or illegal; and

(2) a bond is filed that is conditioned upon the due prosecution of the proceeding for review and that the petitioner will pay all court costs and abide by the zoning decision if it is not set aside. The bond must be in the amount and with the surety approved by the court. However, the amount of the bond must be at least five hundred dollars ($500).

(b) If a petition for review concerns a revocation or suspension of a previously approved variance, exception, or use, any stay ordered under subsection (a) is effective during the period of the review and any appeal from the review and until the review is finally determined, unless otherwise ordered by the court granting the stay. If the stay is granted as provided in this section and the zoning decision is approved on final determination, the revocation or suspension of the variance, exception, or use immediately becomes effective.

As added by P.L.126-2011, SEC.56.
Ind. Code § 36-6-6-3 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-3
Residency requirement of members
Status: in_force

Sec. 3. (a) This subsection applies to townships in a county containing a consolidated city. One (1) member of the legislative body must reside within each legislative body district. If a member of the legislative body ceases to be a resident of the district from which the member was elected, the office becomes vacant.

(b) This subsection applies to townships not included in subsection (a) or (c). A member of the legislative body must reside within the township as provided in Article 6, Section 6 of the Constitution of the State of Indiana. If a member of the legislative body ceases to be a resident of the township, the office becomes vacant.

(c) This subsection applies to a township government that:

(1) is created by a merger of township governments under IC 36-6-1.5; and

(2) elects a township board under section 2.1(a) or 2.1(b) of this chapter.

One (1) member of the legislative body must reside within the boundaries of each of the former townships that merged. If a member of the legislative body ceases to be a resident of that former township, the office becomes vacant.

(d) This subsection applies to a township government that:

(1) is created by a merger of township governments under IC 36-6-1.7; and

(2) elects a township board under section 2.1(c) of this chapter.

All members are elected at large by all voters within the merged township. If a member of the legislative body ceases to be a resident of the merged township, the office becomes vacant.

[Pre-Local Government Recodification Citation: 17-4-28-1 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.3-1987, SEC.565; P.L.6-1994, SEC.5; P.L.170-2002, SEC.150; P.L.240-2005, SEC.8; P.L.134-2026, SEC.14.
Ind. Code § 36-9-39-19 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-19
Sewage works adapted for receiving sewage from collateral sewers; assessments; hearing; review
Status: in_force

Sec. 19. All primary or preliminary assessments made under section 18 of this chapter are subject to review and revision by the works board after a hearing under section 23 of this chapter.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-8-3.5-0.6 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-0.6
"Territory"
Status: in_force

Sec. 0.6. As used in this chapter, "territory" refers to a fire protection territory established under IC 36-8-19.

As added by P.L.207-2023, SEC.7.
Ind. Code § 36-8-12-11 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-11
Blue lights on private vehicles; authorization; violations
Status: in_force

Sec. 11. (a) Members of volunteer fire departments may display blue lights on their privately owned vehicles while en route to scenes of emergencies or to the fire station in the line of duty subject to the following conditions:

(1) A light:

(A) must have a light source of at least thirty-five (35) watts; or

(B) may be a blue light emitting diode (LED).

(2) All lights must be placed on the:

(A) top of the vehicle;

(B) dashboard inside a vehicle, shielded to prevent distracting the driver; or

(C) front of the vehicle upon the bumper or at bumper level.

(3) No more than four (4) blue light assemblies may be displayed on one (1) vehicle, and each blue light assembly must be of the flashing or revolving type.

(4) A blue light assembly may contain multiple bulbs.

(5) A blue light may not be a part of the regular head lamps displayed on the vehicles. Alternately flashing head lamps may be used as a supplemental warning device. Strobe lights or flashers may be installed into the light fixtures on the vehicle other than the alternating head lamps. The strobe lights or flashers may be either white or blue, with the exception of red to the rear.

(b) In order for a volunteer firefighter to display a blue light on a vehicle, the volunteer firefighter must secure a written permit from the chief of the volunteer fire department to use the blue light and must carry the permit at all times when the blue light is displayed.

(c) A person who is not a member of a volunteer fire department may not display an illuminated blue light on a vehicle.

(d) A permittee of the owner of a vehicle lawfully equipped with a blue light may operate the vehicle only if the blue light is not illuminated.

(e) A person who violates subsection (a), (b), (c), or (d) commits a Class C infraction. If the violator is a member of a volunteer fire department, the chief of the department shall discipline the violator under fire department rules and regulations.

(f) This section does not grant a vehicle displaying blue lights the right-of-way under IC 9-21-8-35 or exemption from traffic rules under IC 9-21-1-8. A driver of a vehicle displaying a blue light shall obey all traffic rules.

(g) This section shall not be construed to include a vehicle displaying a blue light and driven by a member of a volunteer fire department as an authorized emergency vehicle (as defined in IC 9-13-2-6).

[Pre-Local Government Recodification Citation: 19-1-40-11.]

As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.88-1990, SEC.4; P.L.2-1991, SEC.108; P.L.99-1991, SEC.4; P.L.1-1999, SEC.96; P.L.6-2001, SEC.1; P.L.153-2002, SEC.2; P.L.61-2016, SEC.1.
Ind. Code § 36-12-11-22 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-22
Confidentiality of complaint; disclosure of information
Status: in_force

Sec. 22. (a) A complaint and information pertaining to the complaint are confidential until the attorney general files notice with the board of intent to prosecute the practitioner.

(b) Unless required to do so under law or in furtherance of an investigation, an individual employed by the office of the attorney general, the board, or the director may not disclose or further the disclosure of information concerning a complaint.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-22.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-8-16.7-36 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-36
Provider not required to enforce fee collection; collection action by board
Status: in_force

Sec. 36. A provider is not required to take legal action to enforce the collection of the 911 fee for which a user is billed. However, the board may initiate a collection action. A court finding for the board in the action may award reasonable costs and attorney fees associated with the collection action.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-7-4-918.1 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-918.1
Board of zoning appeals; review of orders, requirements, decisions, or determinations
Status: in_force

Sec. 918.1. A board of zoning appeals shall hear and determine appeals from and review:

(1) any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under the zoning ordinance;

(2) any order, requirement, decision, or determination made by an administrative board or other body except a plan commission in relation to the enforcement of the zoning ordinance; or

(3) any order, requirement, decision, or determination made by an administrative board or other body except a plan commission in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location or occupancy permit.

As added by P.L.357-1983, SEC.10.
Ind. Code § 36-7-10.1-2 — Indiana Code / Title 36 / Article 7 / Chapter 10.1 / Section 36-7-10.1-2
Exclusions from application
Status: in_force

Sec. 2. This chapter does not apply to the following:

(1) An ordinance adopted before May 15, 1991.

(2) An action taken by a municipal corporation under IC 36-1-6-2.

As added by P.L.89-1991, SEC.3.
Ind. Code § 36-1-2-8 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-8
"Law"
Status: in_force

Sec. 8. "Law" includes the Constitution of Indiana, statutes, and ordinances.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-9-40-19 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-19
Works board hearing and decision on objection to assessment
Status: in_force

Sec. 19. (a) If an objection is filed before the time prescribed in section 18 of this chapter, the works board shall set a hearing.

(b) After the hearing, the works board shall sustain or modify the assessment by confirming, increasing, or reducing the presumptive assessment. 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 construction of the system.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-8-7-27 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-27
Rollover to eligible retirement plan
Status: in_force

Sec. 27. Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the 1937 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.

As added by P.L.10-1993, SEC.16.
Ind. Code § 36-7-4-214 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-214
Membership of commission; additional members required for unincorporated jurisdictional area
Status: in_force

Sec. 214. (a) ADVISORY. When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 of the advisory planning law, the executive of the county in which the unincorporated area is located shall appoint two (2) additional citizen members to the municipal plan commission. The citizen members must:

(1) be residents of:

(A) the unincorporated area; or

(B) the county, and must also be owners of real property located in whole or in part within the unincorporated area; and

(2) not be of the same political party.

However, at least one (1) of the members must be a resident of the unincorporated area.

(b) ADVISORY. Initially, one (1) member under subsection (a) shall be appointed for a term of one (1) year and the other for a term of four (4) years. Thereafter, each appointment is for a term of four (4) years. The additional citizen members are entitled to participate and vote in all deliberations of the municipal plan commission.

(c) ADVISORY. If the unincorporated area referred to in subsection (a) lies in two (2) counties, the executive of each of those counties shall appoint one (1) of the additional citizen members. The executive of the county having the larger proportion of the unincorporated area shall appoint its member first, and the executive of the other county shall then appoint its member, who must not be of the same political party.

[Pre-Local Government Recodification Citations: 18-7-4-214; 18-7-5-35.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.7-1983, SEC.37; P.L.220-1986, SEC.8; P.L.126-2011, SEC.9; P.L.6-2012, SEC.242.
Ind. Code § 36-10-9.1-16 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-16
Common wall agreements
Status: in_force

Sec. 16. The authority and the capital improvement board may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-9-36-29 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-29
Assessments; abutting lands or lots; street and alley intersections
Status: in_force

Sec. 29. (a) The total cost of an improvement as determined under section 28(b) of this chapter, except for one-half (1/2) of the cost of street and alley intersections, shall be assessed on the abutting land or lots in the manner prescribed by this chapter.

(b) The remaining one-half (1/2) of the cost of street and alley intersections shall be assessed on the land or lots abutting on the streets or alleys that intersect the improved street or alley.

(c) Land and lots may be assessed for the following distances:

(1) One (1) block in either direction along the intersecting street or alley if the intersecting street or alley crosses the improved street or alley.

(2) One (1) block along the intersecting street or alley if the intersecting street or alley enters but does not cross the improved street or alley.

(d) For purposes of this section, the distance from the intersection of:

(1) a street or an alley improved under this chapter; and

(2) another street or alley;

along the other street or alley to the street line of the next intersecting street or alley is considered one (1) block.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-24-7 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-7
Proposed leases; notice and hearing
Status: in_force

Sec. 7. (a) When a municipality and a lessor agree on the terms and conditions of a lease proposed to be entered into under this chapter, notice of a hearing to be held before the municipal legislative body shall be given to all interested persons by publication in accordance with IC 5-3-1. The notice must name the date, place, and hour of the hearing, and set forth a summary of the principal terms of the lease agreed upon, including the name of the lessor, the character of the property to be leased, the lease rental to be paid, and the number of years the lease is to be in effect.

(b) The date of the hearing may not be less than twenty (20) days after publication of the notice.

(c) The proposed lease shall be kept available for inspection by the public before and at the hearing.

(d) At the hearing, all interested persons are entitled to be heard as to the necessity for the execution of the lease and whether the rental to be paid to the proposed lessor under the lease is a fair and reasonable rental for the facilities. The hearing may be adjourned to a later date or dates.

(e) After the hearing, the municipal legislative body may authorize the execution of the lease as originally agreed on, or may, with the consent of the proposed lessor, modify the lease. However, the lease rental as set out in the published notice may not be increased without a new notice and hearing.

[Pre-Local Government Recodification Citation: 19-2-5.5-6.]

As added by Acts 1981, P.L.309, SEC.97. Amended by Acts 1981, P.L.45, SEC.63; P.L.186-1988, SEC.4.
Ind. Code § 36-10-13-7 — Indiana Code / Title 36 / Article 10 / Chapter 13 / Section 36-10-13-7
School corporations in certain counties; art association operations fund; appropriation for art association authorized; prerequisites for receipt of payments
Status: in_force

Sec. 7. (a) This section applies to school corporations in a county containing any of the following cities:

(1) A city having a population of more than one hundred fifty thousand (150,000) and less than six hundred thousand (600,000).

(2) A city having a population of more than one hundred ten thousand (110,000) and less than one hundred fifty thousand (150,000).

(3) A city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).

(4) A city having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000).

(5) A city having a population of more than seventy-five thousand (75,000) and less than seventy-nine thousand (79,000).

(b) The governing body of the school corporation may annually appropriate money in the operations fund to be paid in semiannual installments to an art association having facilities in a city that is described in subsection (a), subject to subsection (c).

(c) Before an art association may receive payments under this section, the association's governing board must adopt a resolution that entitles:

(1) the governing body of the school corporation to appoint the school corporation's superintendent and director of art instruction as visitors who may attend all meetings of the association's governing board;

(2) the governing body of the school corporation to nominate individuals for membership on the association's governing board, with at least two (2) of the nominees to be elected;

(3) the school corporation to use the association's facilities and equipment for educational purposes consistent with the association's purposes;

(4) the students and teachers of the school corporation to tour the association's museum and galleries free of charge;

(5) the school corporation to borrow materials from the association for temporary exhibit in the schools;

(6) the teachers of the school corporation to receive normal instruction in the fine and applied arts at half the regular rates charged by the association; and

(7) the school corporation to expect exhibits in the association's museum that will supplement the work of the students and teachers of the corporation.

A copy of the resolution, certified by the president and secretary of the association, must be filed in the office of the school corporation before payments may be received.

(d) A resolution filed under subsection (c) is not required to be renewed annually. The resolution continues in effect until rescinded. An art association that complies with this section is entitled to continue to receive payments under this section as long as the art association complies with the resolution.

(e) If more than one (1) art association in a city that is described in subsection (a) qualifies to receive payments under this section, the governing body of the school corporation shall select the one (1) art association best qualified to perform the services described in subsection (c). A school corporation may select only one (1) art association to receive payments under this section.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17.5-3.]

As added by P.L.1-2005, SEC.48. Amended by P.L.2-2006, SEC.196; P.L.146-2008, SEC.799; P.L.119-2012, SEC.245; P.L.244-2017, SEC.132; P.L.104-2022, SEC.225.
Ind. Code § 36-9-4-50 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-50
Federal or state aid
Status: in_force

Sec. 50. A municipality that establishes or acquires an urban mass transportation system under this chapter, or a municipality that has a privately owned urban mass transportation system and has received a request from the management of the system, may apply for aid from any federal or state government agency. A municipality acting under this section may:

(1) perform any act or acts lawfully required; or

(2) execute and perform agreements necessary or convenient;

to obtain the aid without limitation by the provisions of this chapter, except that a municipality may not interfere with any right, interest, or part of any other public transportation system without the consent of the other system.

[Pre-Local Government Recodification Citation: 19-5-2-37.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-4-12-2 — Indiana Code / Title 36 / Article 4 / Chapter 12 / Section 36-4-12-2
Creation of city manager position
Status: in_force

Sec. 2. (a) A third class city may employ a nonpartisan city manager to be the administrative head of the city government. To employ a city manager, the executive must initiate an ordinance and the city legislative body must adopt an ordinance creating the city manager position. An ordinance creating the city manager position must state the powers and duties to be assumed by the city manager.

(b) If the city legislative body adopts an ordinance under this chapter to employ a city manager, the city legislative body may adopt an ordinance to permit the executive to perform the duties of the executive on a part-time basis.

As added by P.L.10-1997, SEC.32.
Ind. Code § 36-10-3-11.5 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-11.5
Legalization of operation of City of New Albany property by nonprofit corporation without a lease before July 1, 1995
Status: in_force

Sec. 11.5. (a) This section applies to the city of New Albany.

(b) The operation of city owned buildings or grounds operated as a golf course by a nonprofit corporation before July 1, 1995, without a lease from the city, or under a lease that was not open to public bid to lease the buildings or grounds, is legalized and validated.

As added by P.L.220-2011, SEC.684. Amended by P.L.119-2012, SEC.235.
Ind. Code § 36-9-13-25 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-25
Leases; options to purchase; authorization of bond issue to pay purchase price
Status: in_force

Sec. 25. (a) A lease under section 23 of this chapter may give one (1) or more of the lessees acting jointly or severally an option to purchase before the expiration of the term of the lease:

(1) on the date or dates in each year that are fixed by the lease; and

(2) at a price to be computed by a method set forth in the lease.

However, such a lease may not provide, or be construed to provide, that an eligible entity is under an obligation to purchase the leased government building or system or is under an obligation respecting any creditors or bondholders of the authority.

(b) An eligible entity that exercises an option to purchase may issue general obligation bonds for the purpose of obtaining enough money to pay the purchase price or its proportionate share of the purchase price. The bonds shall be authorized, issued, and sold in the manner prescribed by law for the authorization, issuance, and sale of bonds of the eligible entity for other purposes.

[Pre-Local Government Recodification Citation: 19-8-4-13 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.37-1988, SEC.34.
Ind. Code § 36-4-3-8.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-8.1
Advisory board
Status: in_force

Sec. 8.1. (a) An advisory board shall be appointed to advise the municipality on the provision of services to the annexed territory that are paid for with the municipal property taxes impounded in a special fund under section 8 of this chapter.

(b) An advisory board shall be appointed not later than ninety (90) days after an annexation becomes effective by the filing prescribed under section 22 of this chapter.

(c) An advisory board consists of the following seven (7) members:

(1) The township trustee of the township with the largest number of residents living within the annexed territory.

(2) One (1) member of the county fiscal body representing the district with the largest number of residents living within the annexed territory.

(3) One (1) member who is:

(A) the municipal engineer if the annexing municipality has a municipal engineer; or

(B) a licensed professional engineer appointed by the municipal executive if the municipality does not have a municipal engineer.

(4) Two (2) citizen members appointed by the municipal executive who:

(A) own real property within; and

(B) reside within;

the annexed territory.

(5) Two (2) citizen members appointed by the county executive who:

(A) own real property within; and

(B) reside within;

the annexed territory.

(d) Four (4) members of the board constitute a quorum. An affirmative vote of four (4) members is required for the board to take action.

(e) A member of the board may not receive a salary. A member may receive reimbursement for necessary expenses, but only when those necessary expenses are incurred in the performance of the member's respective duties.

(f) A vacancy on the board shall be filled by the appointing authority.

(g) The board shall serve for not longer than the date all municipal property taxes impounded in the fund are expended.

As added by P.L.248-1999, SEC.5.
Ind. Code § 36-7.6-1-4 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-4
"Bonds"
Status: in_force

Sec. 4. "Bonds" means, except as otherwise provided, bonds, notes, or other evidences of indebtedness issued by a development authority.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-7-30-35 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-35
Military base reuse authority; public utility providing sewage disposal service
Status: in_force

Sec. 35. (a) This section applies to a reuse authority that owns or acquires a public utility (as defined in IC 8-1-2-1) established to provide sewage disposal service.

(b) The reuse authority shall operate the public utility as a municipal sewage works in accordance with IC 36-9-23, and has all the powers and duties of:

(1) the board (as defined in IC 36-9-23-5); and

(2) the municipal legislative body;

under IC 36-9-23 with respect to the operation of its municipal sewage works.

As added by P.L.104-2010, SEC.4.
Ind. Code § 36-9-13-20 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-20
Trustees and directors; conflicts of interest
Status: in_force

Sec. 20. A trustee or director may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. Any such transaction in which a trustee or director has a pecuniary interest is void.

[Pre-Local Government Recodification Citation: 19-8-4-7.]

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-1-18-4 — Indiana Code / Title 36 / Article 1 / Chapter 18 / Section 36-1-18-4
Terms and conditions
Status: in_force

Sec. 4. The legislative body making a donation under this chapter may make all proper agreements with a state educational institution with reference to the purpose for which the donation must be used. The terms and conditions under which the money is donated, when made and accepted, are binding on the state educational institution accepting the donation.

[Pre-2007 Higher Education Recodification Citation: 21-7-1-2.]

As added by P.L.2-2007, SEC.381.
Ind. Code § 36-8-10-11.5 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-11.5
"Care" defined; payments for care
Status: in_force

Sec. 11.5. (a) As used in this section, "care" includes:

(1) medical and surgical care;

(2) medicines and laboratory, curative, and palliative agents and means;

(3) X-ray, diagnostic, and therapeutic service, including service during the recovery period; and

(4) hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.

(b) After deducting expenditures paid by an insurance or worker's compensation program, a county shall pay for the care of the following persons:

(1) A county police officer who:

(A) suffers an injury; or

(B) contracts an illness;

while the officer is on duty or while the officer is off duty and is responding to an offense or a reported offense.

(2) A jail employee who:

(A) suffers an injury; or

(B) contracts an illness;

while the employee is on duty.

(c) Expenditures required by subsection (b) shall be paid from the general fund of the county.

As added by P.L.228-1991, SEC.1.
Ind. Code § 36-7-40-8 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-8
Compliance with requirements for contracting for public works
Status: in_force

Sec. 8. The board shall comply with IC 36-1-12 when contracting for public works.

As added by P.L.201-2023, SEC.279.
Ind. Code § 36-9-13-36 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-36
Property and revenues; tax exemption
Status: in_force

Sec. 36. All the property and revenues of a building authority are exempt from taxation for all purposes.

[Pre-Local Government Recodification Citation: 19-8-4-25 part.]

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-9-32-9 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-9
Enforcement by owner of bonds or trustee
Status: in_force

Sec. 9. Any owner of bonds issued under this chapter, and the trustee under any trust agreement entered into under this chapter, except to the extent that the trustee's rights are restricted by the trust agreement, may:

(1) either at law or in equity, by suit, action, or other proceeding, protect and enforce any and all rights of such owner of bonds or trustee under state law, or, to the extent permitted by law, under the trust agreement, or under any loan agreement entered into under this chapter; and

(2) enforce and compel the performance of all duties required by this chapter or by any trust agreement or loan agreement entered into under this chapter to be performed by any municipality or by any officer of any municipality.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-1-11-3.2 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-3.2
Approval of sale, lease, or transfer of real property in certain cities
Status: in_force

Sec. 3.2. (a) This section applies to the following cities:

(1) A city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).

(2) A city having a population of more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000).

(3) A city having a population of more than seventy-five thousand (75,000) and less than seventy-nine thousand (79,000).

(b) Notwithstanding section 3(c) of this chapter, the fiscal body of a city must approve:

(1) every sale of real property having an appraised value of ten thousand dollars ($10,000) or more;

(2) every lease of real property for which the total annual rental payments will be five thousand dollars ($5,000) or more; and

(3) every transfer of real property under section 14 or 15 of this chapter.

As added by P.L.124-1998, SEC.12. Amended by P.L.170-2002, SEC.138; P.L.119-2012, SEC.177; P.L.104-2022, SEC.142.
Ind. Code § 36-7.5-1-1 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-1
Application of definitions
Status: in_force

Sec. 1. Except as otherwise provided, the definitions in this chapter apply throughout this article.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-9-8-1 — Indiana Code / Title 36 / Article 9 / Chapter 8 / Section 36-9-8-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties and municipalities.

[Pre-Local Government Recodification Citations: 17-3-66-1 part; 19-5-17-1 part; 19-5-18-1 part.]

As added by Acts 1981, P.L.309, SEC.81.
Ind. Code § 36-7-11.2-27 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-27
Adoption of rules
Status: in_force

Sec. 27. The commission shall prepare, adopt, and promulgate the rules and regulations that are necessary, desirable, or convenient to the orderly administration of commission affairs and to the implementation of this chapter in accordance with the intent and purpose. The rules and regulations shall be made available in writing to any person requesting a copy.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-4.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-31.3-13 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-13
Allocation provision adoption; notice; district business information
Status: in_force

Sec. 13. (a) When the designating body adopts an allocation provision, the county auditor shall notify the department by certified mail of the adoption of the provision and shall include with the notification a complete list of the following:

(1) Employers in the tax area.

(2) Street names and the range of street numbers of each street in the tax area.

The county auditor shall update the list before July 1 of each year.

(b) Taxpayers operating in the district shall report annually, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate the salary, wages, bonuses, and other compensation that are:

(1) paid during a taxable year to a professional athlete for professional athletic services;

(2) taxable in Indiana; and

(3) earned in the district.

(c) A taxpayer operating in the district that files a consolidated tax return with the department also shall file annually an informational return with the department for each business location of the taxpayer within the district.

(d) If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department shall use the best information available in calculating the amount of covered taxes attributable to a taxable event in a tax area or covered taxes from income earned in a tax area.

As added by P.L.255-1997(ss), SEC.20. Amended by P.L.178-2002, SEC.129; P.L.261-2013, SEC.46.
Ind. Code § 36-9-27-79.1 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-79.1
Contracts estimated to not exceed certain threshold; procedure
Status: in_force

Sec. 79.1. Notwithstanding sections 77 and 78 of this chapter, the following provisions apply whenever the board estimates that the amount of the contracts to be let is not more than the threshold for public bidding of a public works project under IC 36-1-12-4:

(1) The board need not advertise in the manner provided by section 78 of this chapter. If the board does not advertise, it shall mail or send by electronic means written invitations for bids to at least three (3) persons believed to be interested in bidding on the work. The invitations shall be mailed or sent by electronic means at least seven (7) days before the date the board will receive bids, and must state the nature of the contracts to be let and the date, time, and place bids will be received.

(2) The board may authorize the county surveyor to contract for the work in the name of the board.

(3) The contracts may be for a stated sum or may be for a variable sum based on per unit prices or on the hiring of labor and the purchase of material.

(4) The contracts shall be let in accordance with the statutes governing public purchase, including IC 5-22.

(5) The board may for good cause waive any requirement for the furnishing by the bidder of a bid bond or surety and the furnishing by a successful bidder of a performance bond.

[Pre-Local Government Recodification Citations: 36-9-27-79 part; Part new.]

As added by Acts 1981, P.L.57, SEC.42. Amended by P.L.355-1987, SEC.1; P.L.49-1997, SEC.84; P.L.241-1999, SEC.6; P.L.43-2019, SEC.4; P.L.164-2019, SEC.8; P.L.157-2026, SEC.279.
Ind. Code § 36-3-7-7 — Indiana Code / Title 36 / Article 3 / Chapter 7 / Section 36-3-7-7
Consolidated city's local streets and alleys
Status: in_force

Sec. 7. (a) The definitions in IC 8-14-1 apply throughout this section.

(b) Beginning in calendar year 2024, the following amounts must be used by the consolidated city for the construction, reconstruction, and preservation of the consolidated city's local streets (as defined in IC 8-14-2-1(9)) and alleys:

(1) One hundred percent (100%) of the money distributed to the consolidated city under section 2(2) of this chapter that is attributable to the consolidated city's population in Wayne, Pike, and Decatur townships not included in the population of the fire special service district.

(2) In addition to the money distributed under subdivision (1), an appropriation by the consolidated city in an amount that is the greater of the following:

(A) Eight million dollars ($8,000,000).

(B) The amount distributed to the consolidated city under subdivision (1) for the prior calendar year.

(c) The appropriation required under subsection (b)(2)(B) may not include revenue allocated to public safety purposes under IC 6-3.6-6.

As added by P.L.179-2023, SEC.4.
Ind. Code § 36-7-2.5-15 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-15
Electronic notices
Status: in_force

Sec. 15. Except as provided in section 16 of this chapter, a unit shall deliver all notices under this chapter in an electronic format that provides for verification or acknowledgment of receipt of the notice.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-8-14-4 — Indiana Code / Title 36 / Article 8 / Chapter 14 / Section 36-8-14-4
Tax levy; deposit of money
Status: in_force

Sec. 4. (a) To provide for the cumulative building and equipment fund established under this chapter, the legislative body may levy a tax on all taxable property within the taxing district in compliance with IC 6-1.1-41. The tax rate may not exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of assessed valuation of property in the taxing district.

(b) As the tax is collected, it shall be deposited in a qualified public depository or depositories and held in a special fund to be known as the "building or remodeling, firefighting, and police radio equipment fund" in the case of a municipality or as the "building or remodeling and fire equipment fund" in the case of a township or fire protection district.

[Pre-Local Government Recodification Citations: 18-6-7-3; 18-6-9-3.]

As added by Acts 1981, P.L.309, SEC.66. Amended by P.L.316-1989, SEC.3; P.L.171-1994, SEC.2; P.L.17-1995, SEC.23; P.L.6-1997, SEC.213.
Ind. Code § 36-12-12-1 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-1
"Emergency"
Status: in_force

Sec. 1. As used in this chapter, "emergency" means:

(1) when used with respect to repair or replacement, a fire, flood, windstorm, mechanical failure of any part of a structure, or other unforeseeable circumstance; and

(2) when used with respect to site acquisition, the unforeseeable availability of real property for purchase.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-39-18 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-18
Sewage works adapted for receiving sewage from collateral sewers; assessments
Status: in_force

Sec. 18. (a) The municipal works board shall make a division of the costs of the sewage works under subsection (b) if the municipal works board finds that a sewage works to be constructed or an enlargement of sewage works already constructed, is intended and adapted for the following:

(1) Use by abutting property owners along the line of the works.

(2) Receiving sewage from collateral sewers that have been or may be constructed.

(b) If the conditions of subsection (a) are satisfied, the works board shall make a division of the costs of the sewage works in the following manner:

(1) That part of the cost that is equivalent to the cost of construction of adequate local sewage works not adapted to receive sewage from collateral sewers shall be primarily assessed against the abutting property owners. The assessment shall be in the same manner and to the same extent as assessments are primarily made against property owners for local sewage works under sections 15 through 17 of this chapter.

(2) The excess of cost above the cost described in subdivision (1) shall be primarily assessed against each lot or parcel of land in the district to be drained. The assessment shall be in the proportion that the area of each lot or parcel bears to the total area of the district, including abutting property owners and the owners not situated on the line of the works.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-1.5-4-5 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-5
Effective date of reorganization
Status: in_force

Sec. 5. A reorganization approved under this chapter takes effect when all of the following have occurred:

(1) The later of:

(A) the date that a copy of a joint certification from the county election board in each county in which reorganizing political subdivisions are located that indicates that:

(i) the reorganization has been approved by the voters of each reorganizing political subdivision; or

(ii) in the case of a reorganization described in section 1(a)(7) or 1(a)(9) of this chapter, the reorganization has been approved as set forth in section 32(b) or 32(c) of this chapter;

is recorded as required by section 31 of this chapter; or

(B) the date specified in the finally adopted plan of reorganization.

(2) The appointed or elected officers of the reorganized political subdivision are elected (as prescribed by section 36 of this chapter) or appointed and qualified, if:

(A) the reorganized political subdivision is a new political subdivision and reorganizing political subdivisions are not being consolidated into one (1) of the reorganizing political subdivisions;

(B) the reorganized political subdivision will have different boundaries than any of the reorganizing political subdivisions;

(C) the reorganized political subdivision will have different appointment or election districts than any of the reorganizing political subdivisions; or

(D) the finally adopted plan of reorganization requires new appointed or elected officers before the reorganization becomes effective.

As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010, SEC.109; P.L.202-2013, SEC.2; P.L.233-2015, SEC.334; P.L.104-2022, SEC.144.
Ind. Code § 36-7-37-3 — Indiana Code / Title 36 / Article 7 / Chapter 37 / Section 36-7-37-3
Service of petition or order
Status: in_force

Sec. 3. A petition under this section or an order by an enforcement authority under IC 36-7-9-7 with respect to property for which a determination of abandonment is being sought under this chapter shall be served on:

(1) any person with a substantial property interest of public record in the tract of real property; and

(2) any other appropriate party;

in the manner prescribed by the Indiana Rules of Trial Procedure in the case of a petition or in the manner prescribed by IC 36-7-9-7 in the case of an order by an enforcement authority.

As added by P.L.247-2015, SEC.50.
Ind. Code § 36-8-3-12 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-12
Board members, police officers, and firefighters; elective and appointive office
Status: in_force

Sec. 12. Subject to IC 3-5-9, members of the safety board and members of any township, town, or city (including a consolidated city) police department, fire department, or volunteer fire department (as defined by IC 36-8-12-2) may:

(1) be candidates for elective office and serve in that office if elected;

(2) be appointed to any office and serve in that office if appointed; and

(3) as long as they are not in uniform and not on duty, solicit votes and campaign funds and challenge voters for the office for which they are candidates.

[Pre-Local Government Recodification Citation: 18-1-11-9.]

As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.376-1985, SEC.1; P.L.347-1987, SEC.1; P.L.1-1999, SEC.83; P.L.135-2012, SEC.10.
Ind. Code § 36-7-4-1500 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1500
1500 Series—Planned Unit Development
Status: in_force

Sec. 1500. This series (sections 1500 through 1599 of this chapter) may be cited as follows: 1500 SERIES─PLANNED UNIT DEVELOPMENT.

As added by P.L.320-1995, SEC.30.
Ind. Code § 36-9-6-9 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-9
Streets, alleys, and public places; lighting
Status: in_force

Sec. 9. The works board may erect lampposts or other lighting apparatus in the streets, alleys, and public places of the city.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-11-10-4 — Indiana Code / Title 36 / Article 11 / Chapter 10 / Section 36-11-10-4
Collection of rates, charges, and penalties
Status: in_force

Sec. 4. The rates and charges, together with the penalty, are collectible in the manner provided by this article.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-5-5-2 — Indiana Code / Title 36 / Article 5 / Chapter 5 / Section 36-5-5-2
Employment; compensation; tenure
Status: in_force

Sec. 2. The town legislative body may employ a town manager to be the administrative head of the town government and may fix the manager's compensation and terms of employment. The manager may be employed to serve:

(1) at the pleasure of the legislative body; or

(2) for a definite tenure not to exceed the longest remaining term in office of a member of the legislative body, in which case the manager may be dismissed only for cause.

[Pre-Local Government Recodification Citations: 18-3-1.5-1 part; 18-3-1.5-2.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.147.
Ind. Code § 36-2-14-23 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-23
Training course completion requirements; reimbursement requirements
Status: in_force

Sec. 23. (a) Each coroner shall successfully complete the training course offered under section 22.3(a) of this chapter within six (6) months after taking office.

(b) Each deputy coroner shall successfully complete the training course offered under section 22.3(a) of this chapter within one (1) year after beginning employment with a coroner's office.

(c) Each coroner and each deputy coroner shall successfully complete the annual training course offered under section 22.3(c) of this chapter each year after the year in which the coroner or deputy coroner received the training required by section 22.3(a) of this chapter.

(d) After a coroner or deputy coroner has:

(1) successfully completed the training course as required under subsection (a) or (b); and

(2) successfully completed the annual training course as required under subsection (c);

the coroner or deputy coroner shall present a certificate or other evidence to the county executive, or in the case of a county that contains a consolidated city, the city-county council, that the coroner or deputy coroner has successfully completed the training required under subsection (a), (b), or (c).

(e) If a coroner or deputy coroner does not present a certificate or other evidence to the county executive, or in the case of a county that contains a consolidated city, the city-county council, that the coroner or deputy coroner has successfully completed the training required under subsection (a), (b), or (c), the county executive or city-county council shall order the auditor to withhold the paycheck of the coroner or deputy coroner until the coroner or deputy coroner satisfies the respective training requirements under subsections (a), (b), and (c), unless the county executive or city-county council adopts a resolution finding that:

(1) the failure of the coroner or deputy coroner to complete the respective training requirements under subsections (a), (b), and (c) is the result of unusual circumstances;

(2) the coroner or deputy coroner is making reasonable progress, under the circumstances, toward completing the respective training requirements under subsections (a), (b), and (c); and

(3) in light of the unusual circumstances described in subdivision (1), withholding the paycheck of the coroner or deputy coroner would be unjust.

(f) If the county executive or city-county council orders an auditor to withhold a paycheck under subsection (e) and a coroner or deputy coroner later presents a certificate or other evidence to the county executive or city-county council that the coroner or deputy coroner has successfully completed training required under subsection (a), (b), or (c), the county executive or city-county council shall order the auditor to release all of the coroner's or deputy coroner's paychecks that were withheld from the coroner or deputy coroner.

(g) A coroner or deputy coroner who has not successfully completed the training required under subsection (a) or (b) may not conduct a death investigation or sign a death certificate. A coroner or deputy coroner who knowingly or intentionally violates this subsection commits conducting an improper investigation, a Class B misdemeanor.

(h) If a coroner or deputy coroner begins a training course required under subsection (a) or (b) but fails to complete the course within the time required by this section, the county shall reimburse the coroners training board for the cost of the training. The county may recover from the individual the amount the county reimbursed the coroners training board under this subsection.

As added by P.L.157-2007, SEC.7. Amended by P.L.3-2008, SEC.260; P.L.75-2026, SEC.12.
Ind. Code § 36-7-15.3-17 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-17
Trust indenture; provisions
Status: in_force

Sec. 17. (a) The authority may secure bonds issued under this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.

(b) The trust indenture may:

(1) pledge or assign lease rentals, receipts, and income from leased local public improvements, but may not mortgage land or local public improvements;

(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the authority and board;

(3) set forth the rights and remedies of bondholders and trustee; and

(4) restrict the individual right of action of bondholders.

(c) Any pledge or assignment made by the authority under this section is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.

As added by P.L.84-1987, SEC.14.
Ind. Code § 36-7.5-4-4 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-4
Bonding; complete authority
Status: in_force

Sec. 4. This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the development board or any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to issue any bonds, except as prescribed in this article.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-10-10-1 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the two (2) cities having the largest populations in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.12-1992, SEC.196; P.L.119-2012, SEC.241; P.L.104-2022, SEC.222.
Ind. Code § 36-10-16-9 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-9
"Eligible county"
Status: in_force

Sec. 9. As used in this chapter, "eligible county" refers to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-2-2-15 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-15
Administration of oaths; enforcement powers of executive; execution of executive orders by county sheriff
Status: in_force

Sec. 15. (a) The county auditor or a member of the executive may administer all oaths required by this chapter.

(b) The executive may:

(1) punish contempt by a fine of not more than three dollars ($3) or by imprisonment for not more than twenty-four (24) hours; and

(2) enforce its orders by attachment or other compulsory process.

(c) Fines assessed by the executive shall be executed, collected, and paid over in the same manner as other fines.

(d) The county sheriff or a county police officer shall attend the meetings of the executive, if requested by the executive, and shall execute its orders.

[Pre-Local Government Recodification Citations: 17-1-14-6 part; 17-1-14-10.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.15; P.L.131-1983, SEC.11.
Ind. Code § 36-8-7.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-4
Management of revenue of fund by local board
Status: in_force

Sec. 4. (a) The local board shall ensure and confirm that:

(1) all amounts specified in this chapter to be applied to the 1953 fund, from any sources, are collected and applied to the fund;

(2) the various sums to be deducted from the salaries of the police officers concerned are deducted and are paid into the 1953 fund;

(3) the various sums to be contributed by the police special service district are so contributed and are received into the 1953 fund;

(4) any revenue in form of interest upon money invested or upon money due to the 1953 fund is received and placed into the fund; and

(5) all other money that should accrue to the 1953 fund is collected and paid into it.

(b) The local board shall have an audit of the accounts of the 1953 fund done at least once each biennium, by a person or persons competent to perform the audit, if the state board of accounts fails to examine the affairs of the fund during the period.

As added by Acts 1982, P.L.77, SEC.9.
Ind. Code § 36-7-5.1-4 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-4
Municipal and county cooperative single and unified planning and zoning entities
Status: in_force

Sec. 4. One (1) or more municipalities (meeting the population, proximity, and ordinance requirements under section 9 of this chapter) and one (1) or more counties may cooperatively establish single and unified planning and zoning entities as joint districts to carry out this chapter on a less than countywide basis.

As added by P.L.300-1989, SEC.2. Amended by P.L.1-1990, SEC.361.
Ind. Code § 36-7-35-3 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-3
"PMA certification" defined
Status: in_force

Sec. 3. As used in this chapter, "PMA certification" means a certification provided under section 9 of this chapter for qualified expenditures made on property in a property maintenance area.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-10-10-28 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-28
Additions to convention center; party wall agreements
Status: in_force

Sec. 28. A city and an authority that enter into a lease under this chapter may enter into party wall agreements or other agreements concerning the attaching of an addition or additions to a convention center. The agreement shall be recorded in the office of the recorder of the county in which the building is located. The agreement may provide for an easement or license to construct a part of an addition over or above any building.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-9-1-3 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-3
"Parking facility"
Status: in_force

Sec. 3. "Parking facility" includes the:

(1) land;

(2) structures and other improvements above, at, or below ground level;

(3) entrances, exits, equipment, and fences; and

(4) other accessories or appurtenances;

that are necessary or desirable for safety and convenience in the offstreet parking of vehicles, are owned or leased by a municipality, and are used for the offstreet parking of vehicles.

[Pre-Local Government Recodification Citations: 19-5-11-3 part; 19-5-13-4 part.]

As added by Acts 1981, P.L.309, SEC.69.
Ind. Code § 36-7-5.1-8 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-8
Comprehensive plan; joint district limits; new municipality within existing joint district
Status: in_force

Sec. 8. (a) A commission may adopt a comprehensive plan (as provided for under the 500 Series of the advisory planning law) for the development of the joint district. The comprehensive plan, if adopted, does not have extraterritorial effect outside the defined boundaries of the joint district. However, a comprehensive plan adopted by a commission supersedes an existing or conflicting comprehensive plan governing any of the joint district.

(b) Before exercising its rights, powers, and duties under this chapter or the advisory planning law with respect to an area designated as a joint district, a commission must file with the recorder of each county in which a part of the joint district is located a description or map defining the limits of the joint district. If the commission revises the limits, it shall file a revised description or map defining those revised limits with each recorder.

(c) Until the commission adopts a comprehensive plan, a comprehensive plan that was in effect before the formation of the joint district applies to that portion of the joint district controlled by that comprehensive plan.

(d) Whenever a new municipality is incorporated and its boundaries lie in whole or in part within a joint district, the commission continues to exercise territorial jurisdiction within the new municipality or that portion of the municipality within the joint district, until the effective date of a municipal ordinance:

(1) establishing an advisory plan commission under IC 36-7-4-202(a); or

(2) adopting the area planning law under IC 36-7-4-202(b).

Beginning on that effective date, the planning and zoning function of the municipality shall be exercised by the municipality under the advisory planning law or area planning law.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-4-11-5 — Indiana Code / Title 36 / Article 4 / Chapter 11 / Section 36-4-11-5
Second class cities; city fiscal officer; appointment of deputy
Status: in_force

Sec. 5. (a) This section applies only to second class cities.

(b) The city legislative body may, by ordinance, authorize the city fiscal officer to appoint a deputy. The fiscal officer is responsible for the official acts of the fiscal officer's deputy.

[Pre-Local Government Recodification Citation: 18-1-6-12 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.140.
Ind. Code § 36-5-1-4 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-4
Sufficiency of petition; plan commission recommendations
Status: in_force

Sec. 4. (a) On receipt of a petition for incorporation, the county executive shall examine the petition to see that the petition meets the requirements of sections 2 and 3 of this chapter. If the county executive rejects the petition, the county executive shall set forth in writing and with specificity the manner in which the petition fails to meet the requirements of sections 2 and 3 of this chapter. If the petition is in order, the executive shall mark it with the date of filing and immediately forward one (1) copy to the plan commission, if any, having jurisdiction.

(b) The commission shall investigate the proposed incorporation and report their recommendations of approval or disapproval to the county executive at least ten (10) days before the hearing required by section 5 of this chapter. In making their investigations, they may use the services of any state or local government agency, and in making their report and recommendations, they shall be guided by the requirements for incorporation set out in section 8 of this chapter.

[Pre-Local Government Recodification Citation: 18-3-1-6.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.24-1995, SEC.25; P.L.147-2013, SEC.2.
Ind. Code § 36-7-13-10 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-10
Application for designation of district
Status: in_force

Sec. 10. (a) After approval by ordinance or resolution of the legislative body of a municipality located in a county having a population of:

(1) more than one hundred thirty-nine thousand (139,000) and less than one hundred sixty thousand (160,000);

(2) more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000); or

(3) more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000);

the executive of the municipality may submit an application to an advisory commission on industrial development requesting that an area within the municipality be designated as a district.

(b) After approval by ordinance or resolution of the legislative body of a county, the executive of the county may submit an application to an advisory commission on industrial development requesting that an area within the county, but not within a municipality, be designated as a district. However, in a county having a population of more than one hundred ten thousand (110,000) and less than one hundred twelve thousand (112,000), the legislative body of the county may request that an area within the county be designated as a district even if the area is within a municipality.

As added by P.L.125-1998, SEC.14. Amended by P.L.138-1999, SEC.3; P.L.174-2001, SEC.5; P.L.170-2002, SEC.158; P.L.119-2012, SEC.203; P.L.104-2022, SEC.184.
Ind. Code § 36-7.5-8-6 — Indiana Code / Title 36 / Article 7.5 / Chapter 8 / Section 36-7.5-8-6
Gary Metro Center station revitalization project board; appointment of members; ownership
Status: in_force

Sec. 6. (a) The Gary Metro Center station revitalization project board is established.

(b) Subject to subsection (f), the board consists of the following seven (7) members:

(1) Three (3) members appointed by the executive of the city of Gary.

(2) Three (3) members appointed by the development authority.

(3) One (1) member appointed by the governor.

Individuals appointed to the board must have professional experience in commercial facility management.

(c) Ownership of the Gary Metro Center station shall be held by the board.

(d) The board shall provide oversight of the ongoing maintenance and operation of the Gary Metro Center station.

(e) The member appointed under subsection (b)(3) shall serve as the chairperson of the board. The board shall meet at the call of the chairperson.

(f) An individual may not be appointed to the board if the individual is a party to a contract or agreement with an entity involved in the reconstruction of the Gary Metro Center station, is employed by an entity involved in the reconstruction of the Gary Metro Center station, or otherwise has a direct or indirect financial interest in an entity involved in the reconstruction of the Gary Metro Center station.

As added by P.L.195-2023, SEC.8.
Ind. Code § 36-3-5-12 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-12
Personal liability for penalties and interest assessed by Internal Revenue Service; reimbursement
Status: in_force

Sec. 12. (a) Except as provided in subsection (b), if the controller is held personally liable for penalties and interest assessed by the Internal Revenue Service, the county treasurer shall reimburse the controller in an amount equal to the penalties and interest.

(b) The county treasurer may not reimburse the controller under subsection (a) if the controller willfully or intentionally fails or refuses to file a return or make a required deposit on the date the return or deposit is due.

As added by P.L.227-2005, SEC.30.
Ind. Code § 36-8-6-9.5 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-9.5
Reemployment after retirement
Status: in_force

Sec. 9.5. (a) Not less than thirty (30) days after a member retires from a police department covered by this chapter, the member may:

(1) be rehired by the same municipality that employed the member as a police officer for a position other than that of a full-time, fully paid police officer; and

(2) continue to receive the member's pension benefit under this chapter.

(b) This section may be implemented unless the local board receives from the Internal Revenue Service a determination that prohibits the implementation.

As added by P.L.130-2008, SEC.4.
Ind. Code § 36-9-9-8 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-8
Street lights at intersections
Status: in_force

Sec. 8. (a) For purposes of this section, all light posts that are:

(1) located on the street upon which a lighting system is installed; and

(2) within fifty (50) feet of the nearest part of another street intersecting that street;

are considered to be at a street intersection.

(b) A municipality shall install, maintain, and operate at each street intersection lighting facilities that are at least equal to those in other parts of the lighting system.

[Pre-Local Government Recodification Citation: 19-5-24-8 part.]

As added by Acts 1981, P.L.309, SEC.82.
Ind. Code § 36-6-1.7-7 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-7
Compiling township information
Status: in_force

Sec. 7. (a) The department shall compile the information in section 8 of this chapter for each township government.

(b) Any state agency having:

(1) data; or

(2) information relevant to developing the data;

required to prepare the list under section 9 of this chapter, as determined by the department, shall provide the information to the department in a timely manner.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-9-3-25 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-25
Labor disputes; arbitration procedure
Status: in_force

Sec. 25. (a) If a labor dispute involving the authority and its employees is not governed by the Federal Labor Management Relations Act, as amended (29 U.S.C. sections 141-197 and 557), or by the Railway Labor Act, as amended (45 U.S.C. sections 151-188), the authority shall offer to submit the dispute to an arbitration team composed of one (1) member appointed by the authority, one (1) member appointed by the labor organization representing the employees, and one (1) member agreed upon by the labor organization and the authority. The member agreed upon by the labor organization and the authority shall serve as chair of the team. The determination of the majority of the arbitration team is final and binding on all matters in dispute.

(b) If within the first ten (10) days after the date of the appointment of the arbitrators representing the authority and the labor organization, the third arbitrator has not been selected, then either arbitrator may request the American Arbitration Association to furnish from a current listing of the membership of the National Academy of Arbitrators the names of seven (7) members of the National Academy from which the third arbitrator shall be selected. After receipt of the list, the arbitrators appointed by the authority and the labor organization shall promptly determine by lot the order of elimination and then alternately eliminate one (1) name from the list at a time until only one (1) name remains. The remaining person on the list is the third arbitrator.

(c) For purposes of this section, the term "labor dispute" shall be broadly construed and includes any controversy regarding the collective bargaining agreements and any grievance that may arise.

(d) Each party shall pay one-half (1/2) of the expenses of arbitration under this section.

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

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.127-2017, SEC.276.
Ind. Code § 36-7-11.2-19 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-19
Number of members of commission
Status: in_force

Sec. 19. The commission consists of nine (9) members as follows:

(1) Five (5) members are Class 1 members whose terms of office expire June 30 of each even-numbered year.

(2) Four (4) members are Class 2 members whose terms of office expire June 30 of each odd-numbered year.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-15.1-26.1 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-26.1
Repealed
Status: repealed

As added by P.L.193-1988, SEC.6. Repealed by P.L.146-2008, SEC.812.
Ind. Code § 36-1.5-6-3 — Indiana Code / Title 36 / Article 1.5 / Chapter 6 / Section 36-1.5-6-3
Grant amount
Status: in_force

Sec. 3. The grant amount is:

(1) two hundred fifty dollars ($250); multiplied by

(2) the sum of the most recent ADMs of the reorganized school corporations.

As added by P.L.217-2017, SEC.160.
Ind. Code § 36-9-28.7-9 — Indiana Code / Title 36 / Article 9 / Chapter 28.7 / Section 36-9-28.7-9
Investigation fee; assessment of nuisance; investigation report; limitations
Status: in_force

Sec. 9. (a) An ordinance may be adopted to allow for the payment of a fee to the unit of government as a condition of filing a request under this chapter. The fee may not be an amount greater than is reasonably necessary to defray the expenses incurred in processing the request, conducting the investigation, and completing the assessment under this section.

(b) A unit of government shall investigate and make a visual assessment limited to the following:

(1) Determine whether the storm water nuisance exists.

(2) Assess whether the removal of the storm water nuisance will:

(A) remove the negative effect of the storm water nuisance from the land of a person making the request; and

(B) cause unreasonable damage to the land on which the storm water nuisance is located.

(3) Make any other observations that may be useful in solving an alleged storm water nuisance problem.

(c) A unit of government, upon making the assessment under subsection (b), shall provide the following to a person that filed the request under section 8 of this chapter:

(1) An oral or written report that may include:

(A) a general description of the investigation and its findings;

(B) whether the storm water nuisance exists;

(C) the need for the removal of the storm water nuisance;

(D) whether the removal of the storm water nuisance will:

(i) remove the negative effect of the storm water nuisance from the land of a person that filed the request under section 8 of this chapter; and

(ii) cause unreasonable damage to the land on which the storm water nuisance is located; and

(E) any other considerations that may be useful in solving the storm water nuisance.

(2) Information concerning alternative dispute resolution options.

(d) A unit of government is not required to use funds to meet the requirements under this chapter.

(e) Except under subpoena, a unit of government may not be compelled to testify in a legal proceeding related to its functions under this chapter.

(f) For purposes of this chapter, the unit of government has a right of entry as provided by IC 36-9-27.4-25.

(g) An artificial conveyance or runoff that was constructed and that operates in compliance with a permit issued by a political subdivision is not subject to this chapter.

As added by P.L.125-2011, SEC.3.
Ind. Code § 36-9-26-5 — Indiana Code / Title 36 / Article 9 / Chapter 26 / Section 36-9-26-5
Repealed
Status: repealed

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

As added by Acts 1981, P.L.309, SEC.100. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-1-11-11 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-11
Execution of deed or other instrument
Status: in_force

Sec. 11. Whenever:

(1) there is a dispute concerning the interest in any property of a political subdivision, and the executive considers the dispute not frivolous; or

(2) it would facilitate the establishment of title to any property;

a deed or other instrument may be executed on behalf of the political subdivision to a person who is eligible to receive the deed or instrument under section 16 of this chapter for any consideration that the disposing agent considers fair and in the public interest.

[Pre-Local Government Recodification Citations: 18-4-5-6 part; 19-6-2-38 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.60-1988, SEC.32.
Ind. Code § 36-8-4.5-9 — Indiana Code / Title 36 / Article 8 / Chapter 4.5 / Section 36-8-4.5-9
Use of department vehicles
Status: in_force

Sec. 9. Members of the police and fire departments may not use vehicles owned or maintained by their department outside the county in which the town is located except:

(1) during the performance of official duties; or

(2) as provided for by department regulation.

As added by P.L.65-2008, SEC.2.
Ind. Code § 36-2-10-4 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-4
Location of office; business hours and days
Status: in_force

Sec. 4. The treasurer shall keep the treasurer's office in a building provided at the county seat by the county executive. The treasurer shall keep the treasurer's office open for business during regular business hours on every day of the year except Sundays and legal holidays. However, the treasurer may close the treasurer's office on days specified by the county executive according to the custom and practice of the county.

[Pre-Local Government Recodification Citations: 17-3-2-1 part; 17-3-32-5 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.60.
Ind. Code § 36-7-38-14 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-14
Agreements with purchasers, lessees, and other transferees
Status: in_force

Sec. 14. (a) The land bank may, as a condition of the purchase, transfer, or lease, require a person to enter into an agreement that conditions the purchase, transfer, or lease on the person fulfilling one (1) or more of the following terms:

(1) If the property is a dwelling, reside in the real property as the person's principal place of residence for a specified period not to exceed three (3) years.

(2) Bring the property up to minimum code standards in not more than twelve (12) months.

(3) Carry adequate fire and liability insurance on the property at all times.

(4) If the conveyance is to a person to develop the property, cause development of the property within a specified period, not to exceed five (5) years.

(5) Comply with any additional terms, conditions, and requirements as the land bank requires that further the mission of the land bank.

(b) Any material failure of a person to fulfill the agreement described in subsection (a) nullifies the agreement. Upon nullification of the agreement:

(1) the sale, transfer, or lease of the property is void; and

(2) the land bank retains the interest in the property that the land bank possessed before the sale, transfer, or lease.

However, the land bank may grant the person a specified period, not to exceed two (2) years, to come into compliance with the terms of the agreement. The land bank may subordinate its interest under the terms of the agreement to financial institutions or persons lending money to the person for the purpose of allowing the person to fulfill the terms of the sale, transfer, or lease.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-9-39-23 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-23
Hearing on assessments; findings; modification of preliminary or primary assessments
Status: in_force

Sec. 23. (a) At the hearing fixed under section 22 of this chapter, owners of assessed property may appear before the municipal works board and file remonstrances against the assessments. The works board may continue proceedings from day to day, as necessary to hear the evidence concerning the assessments.

(b) The works board shall determine at the hearing whether the several lots and parcels of land primarily assessed are specially benefited in the amounts respectively assessed against the lots and parcels of land in the preliminary or primary assessment.

(c) The works board shall sustain or modify, in whole or in part, the preliminary assessment as indicated on the assessment roll, by confirming, increasing, or reducing the preliminary or primary assessment against all or part of the property described in the assessment roll. The decision of the works board must be based on the works board's findings concerning the special benefits received on account of the sewage works.

(d) The works board shall also determine at the hearing what part, if any, of the benefits resulting from the sewage works accrue to the municipality and shall be assessed against the municipality on the assessment roll.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-7-12-26 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-26
Financing agreements; terms
Status: in_force

Sec. 26. (a) A financing agreement approved under this chapter must provide for payments in an amount sufficient to pay the principal of, premium (if any), and interest on the bonds authorized for and allocable to the financing of the facilities. However, interest payments for the anticipated construction period, plus a period of not more than one (1) year, may be funded in the issue.

(b) The term of a financing agreement may not exceed forty (40) years from the date of any bonds issued under the financing agreement. However, a financing agreement does not terminate after forty (40) years if a default under that agreement remains uncured, unless the termination is authorized by the terms of the financing agreement.

(c) If the unit retains an interest in the facilities, the financing agreement must require the user or the developer to pay all costs of maintenance, repair, taxes, assessments, insurance premiums, trustee's fees, and any other expenses relating to the facilities, so that the unit will not incur any expenses on account of the facilities other than those that are covered by the payments provided for in the financing agreement.

[Pre-Local Government Recodification Citation: 18-6-4.5-19.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.6; P.L.25-1987, SEC.53.