Ind. Code § 36-10-7.5-20 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-20
Fees; management and deposit of collections
Status: in_force

Sec. 20. (a) 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 park governor may charge a reasonable fee.

(b) The township fiscal body may establish by resolution upon request of the executive any of the following:

(1) A special nonreverting operating fund for park purposes from which expenditures may be made as provided by resolution by appropriation by the board township fiscal body.

(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 township fiscal body.

(c) The fiscal body shall designate the fund or funds into which the township fiscal officer shall deposit fees from golf courses, swimming pools, skating rinks, or other major facilities requiring major expenditures for management and maintenance.

(d) Money received from fees other than from major facilities or received from the sale of surplus property shall be deposited by the township fiscal officer either in the special nonreverting operating fund or in the nonreverting capital fund as directed by the fiscal body. However, if neither fund has been established, money received from fees or from the sale of surplus property shall be deposited in the township general fund.

(e) Money placed in the special nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the fiscal body repeals the resolution establishing the fund.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

(f) Money procured from fees or received from the sale of surplus property under this chapter shall be deposited at least one time each month with the fiscal officer of the township.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.20.
Ind. Code § 36-10-6-5 — Indiana Code / Title 36 / Article 10 / Chapter 6 / Section 36-10-6-5
Repealed
Status: repealed

As added by Acts 1981, P.L.309, SEC.113. Amended by Acts 1981, P.L.45, SEC.103. Repealed by Acts 1982, P.L.6, SEC.30.
Ind. Code § 36-7-14-10 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-10
Commissioners and nonvoting advisers; pecuniary interests in property and transactions
Status: in_force

Sec. 10. (a) A redevelopment commissioner or a nonvoting adviser appointed under section 6.1 of this chapter may not have a pecuniary interest in any contract, employment, purchase, or sale made under this chapter. However, any property required for redevelopment purposes in which a commissioner or nonvoting adviser has a pecuniary interest may be acquired, but only by gift or condemnation.

(b) A transaction made in violation of this section is void.

[Pre-Local Government Recodification Citations: 18-7-7-10; 18-7-7.1-10.]

As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.310, SEC.86; P.L.146-2008, SEC.724.
Ind. Code § 36-9-4-29 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-29
Public transportation corporation; operation of system; contracts or leases for use of system
Status: in_force

Sec. 29. (a) Upon acquisition of the necessary property by a public transportation corporation, the board of directors of the corporation may:

(1) operate and maintain the system;

(2) lease the system to any operator; or

(3) contract for the use of the system by any operator.

(b) The board may also contract with any organization that has executive personnel with experience and skill applicable to the superintendence of the operation and maintenance of an urban mass transportation system. The contract must require the organization to furnish its services and the services of its personnel for the superintendence of the system.

(c) The maximum term of a contract or lease executed under this section is twenty-five (25) years.

(d) A contract or lease executed under this section must be confirmed by ordinance of the board.

[Pre-Local Government Recodification Citation: 19-5-2-21.]

As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1981, P.L.317, SEC.5.
Ind. Code § 36-1-2-6 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-6
"Fiscal body"
Status: in_force

Sec. 6. "Fiscal body" means:

(1) county council, for a county not having a consolidated city;

(2) city-county council, for a consolidated city or county having a consolidated city;

(3) common council, for a city other than a consolidated city;

(4) town council, for a town;

(5) township board, for a township;

(6) governing body or budget approval body, for any other political subdivision that has a governing body or budget approval body; or

(7) chief executive officer of any other political subdivision that does not have a governing body or budget approval body.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.11, SEC.132; P.L.8-1987, SEC.81; P.L.8-1989, SEC.94; P.L.186-2006, SEC.2.
Ind. Code § 36-7-15.1-28 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-28
Planning and development as public and governmental function; goals; public purpose; construction
Status: in_force

Sec. 28. (a) The planning, replanning, development, and redevelopment of economic development areas are public and governmental functions that cannot be accomplished through the ordinary operations of private enterprise due to:

(1) the necessity for the exercise of the power of eminent domain;

(2) the necessity for requiring the proper use of the land so as to best serve the interests of the county and its citizens; and

(3) the costs of these projects.

(b) The planning, replanning, development, and redevelopment of economic development areas will:

(1) benefit the health, safety, morals, and welfare;

(2) increase the economic well-being of the county and the state; and

(3) serve to protect and increase property values in the county and the state.

(c) The planning, replanning, development, and redevelopment of economic development areas under this section and sections 29, 30, 57, and 58 of this chapter are public uses and purposes for which public money may be spent and private property may be acquired.

(d) This section and sections 29, 30, 57, and 58 of this chapter shall be liberally construed to carry out the purposes of this section.

As added by P.L.222-1986, SEC.2. Amended by P.L.102-1999, SEC.3.
Ind. Code § 36-7-4-1401.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1401.5
Power of legislative body to designate zoning districts where plan required
Status: in_force

Sec. 1401.5. (a) A legislative body may, in a zoning ordinance, designate zoning districts in which a development plan is required. If a zoning district is designated under this section, the plan commission must approve or disapprove a development plan under this series for real property within the zoning district.

(b) The plan commission has exclusive authority to approve or disapprove a development plan for real property located within the plan commission's jurisdiction.

As added by P.L.320-1995, SEC.24. Amended by P.L.126-2011, SEC.44.
Ind. Code § 36-9-4-37 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-37
Board of directors; employees; collective bargaining agreements
Status: in_force

Sec. 37. (a) The board of directors of a public transportation corporation may appoint or employ a general manager, accountants, attorneys, traffic engineers, drivers, clerks, secretaries, guards, laborers, and other employees, and may prescribe and define their duties, regulate their compensation, discharge them, and appoint or employ their successors. Employees shall be selected without regard to race, religion, or any personal affiliation. The board shall select a person for the position of general manager on the basis of the person's fitness for the position, taking into account the person's executive ability and the person's knowledge of and experience in the field of mass public transportation.

(b) The board shall bargain collectively and enter into written contracts with authorized labor organizations representing employees other than executive, administrative, or professional personnel. These contracts may provide for the binding arbitration of disputes, wages, salaries, hours, working conditions, health and welfare, insurance, vacations, holidays, sick leave, seniority, pensions, retirement, and other benefits.

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

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.127-2017, SEC.282.
Ind. Code § 36-9-13-22 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-22
Powers and duties of board of directors
Status: in_force

Sec. 22. (a) Except as provided in subsection (b), the board of directors of a building authority, acting in the name of the authority, may:

(1) finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, equip, operate, maintain, and manage land, government buildings, or systems for the joint or separate use of one (1) or more eligible entities;

(2) lease all or part of land, government buildings, or systems to eligible entities;

(3) govern, manage, regulate, operate, improve, reconstruct, renovate, repair, and maintain any land, government building, or system acquired or financed under this chapter;

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

(5) condemn, appropriate, lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with government buildings or systems regardless of whether that property is then held for a governmental or public use;

(6) 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;

(7) enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a government building;

(8) design, order, contract for, and construct, reconstruct, renovate, and maintain land, government buildings, or systems and perform any work that is necessary or desirable to improve the grounds, premises, and systems under its control;

(9) determine, allocate, and adjust space in government buildings to be used by any eligible entity;

(10) construct, reconstruct, renovate, maintain, and operate auditoriums, public meeting places, and parking facilities in conjunction with or as a part of government buildings;

(11) collect all money that is due on account of the operation, maintenance, or management of, or otherwise related to, land, government buildings, or systems, and expend that money for proper purposes;

(12) let concessions for the operation of restaurants, cafeterias, public telephones, news and cigar stands, and vending machines;

(13) employ the managers, superintendents, architects, engineers, consultants, attorneys, auditors, clerks, foremen, custodians, and other employees or independent contractors necessary for the proper operation of land, government buildings, or systems and fix the compensation of those employees or independent contractors, but a contract of employment may not be made for a period of more than four (4) years although it may be extended or renewed from time to time;

(14) 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;

(15) provide coverage for its employees under IC 22-3 and IC 22-4; and

(16) accept grants and contributions for any purpose specified in this subsection.

(b) The building authority in a county having a consolidated city may not purchase, construct, acquire, finance, or lease any land, government building, or system for use by an eligible entity other than the consolidated city or county, unless that action is first approved by:

(1) the city-county legislative body; and

(2) the governing body of the eligible entity involved.

[Pre-Local Government Recodification Citations: 19-8-4-9; 19-8-4-26.5.]

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.188, SEC.6; P.L.37-1988, SEC.32; P.L.84-2016, SEC.186.
Ind. Code § 36-7-11.3-1 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-1
Purpose of chapter
Status: in_force

Sec. 1. (a) The purpose of this chapter is to preserve:

(1) from deterioration;

(2) from improperly conceived or implemented change; and

(3) for the continued health, safety, enjoyment, and general welfare of the citizens of Indiana;

a historic, scenic, aesthetically pleasing, and unique part of a street lying within a city or town constituting the backbone of a unique residential area.

(b) The general assembly intends, by passage of this chapter, to:

(1) encourage private efforts to maintain and preserve that part of the street and other similar streets and areas in Indiana;

(2) promote orderly and proper land usage; and

(3) preserve significant tourist attractions of historical and economic value in Indiana;

by limiting and restricting unhealthful, unsafe, unaesthetic, or other use of unique areas that would be inconsistent with their character as tourist attractions and with the general welfare of the public.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-1.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-10-3-40 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-40
Issuance of bonds payable from county innkeeper's tax
Status: in_force

Sec. 40. As an alternative to issuing bonds under section 24 of this chapter, the board may issue bonds payable from the county innkeeper's tax. The issuance of the bonds must be initiated by a resolution of the commission established by IC 6-9-7-2, recommending the issuance of the bonds and their purpose. Bonds that are payable from the innkeeper's tax imposed under IC 6-9-7 must be retired before August 1, 1999.

As added by P.L.74-1986, SEC.7. Amended by P.L.85-1993, SEC.5.
Ind. Code § 36-11-6-1 — Indiana Code / Title 36 / Article 11 / Chapter 6 / Section 36-11-6-1
District plan contents
Status: in_force

Sec. 1. A district plan for the operation of the district must include:

(1) a detailed statement of the activities under IC 36-11-2-1 that the district plans to undertake; and

(2) a timetable for the activities under subdivision (1).

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.1-2003, SEC.103.
Ind. Code § 36-9-25-24 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-24
Construction of sewage works; condemnation awards; appeals
Status: in_force

Sec. 24. (a) An appeal may be taken by filing an original complaint in court against the board stating the action of the board regarding the award and stating the facts relied upon as showing an error on the part of the board. The court shall hear the matter of the award de novo and confirm, decrease, or increase the award. The cause shall be tried by the court without a jury as other civil cases are tried.

(b) All appeals shall be heard and determined by the court within thirty (30) days after the appeal is filed. The plaintiff in the appeal may recover costs only if the court increases the amount of damages awarded in favor of the property owner by ten percent (10%) or more.

[Pre-Local Government Recodification Citation: 19-2-14-16.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.317, SEC.24.
Ind. Code § 36-8-3.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-1
Retention of existing systems; establishment of new system
Status: in_force

Sec. 1. (a) This section applies only to a municipality or township that has a full-time paid police or fire department.

(b) A municipality may exercise the power of establishing a merit system for its police or fire department under this chapter or by ordinance adopted under IC 36-1-4-14. A township may exercise the power of establishing a merit system for its fire department under this chapter or by resolution under IC 36-1-4-14. This chapter does not affect merit systems established:

(1) by ordinance under IC 36-1-4-14, except as provided by subsection (f) and section 19.3 of this chapter;

(2) by resolution under IC 36-1-4-14, except as provided by subsection (g) and section 19.3 of this chapter; or

(3) by a prior statute, except as provided by subsection (c) and section 19.3 of this chapter.

(c) If a city had a merit system for its police or fire department under the former IC 18-4-12, IC 19-1-7, IC 19-1-14, IC 19-1-14.2, IC 19-1-14.3, IC 19-1-14.5, IC 19-1-20, IC 19-1-21, IC 19-1-29, IC 19-1-29.5, IC 19-1-31, IC 19-1-31.5, or IC 19-1-37.5, it may retain that system by ordinance of the city legislative body passed before January 1, 1983. The ordinance must initially incorporate all the provisions of the prior statute but may be amended by the legislative body after December 31, 1984. The ordinance retaining the system must be amended, if necessary, to include a provision under which the commission (or governing board of the merit system) has at least one-third (1/3) of its members elected by the active members of the department as prescribed by section 8 of this chapter. Each elected commission member must:

(1) be a person of good moral character; and

(2) except for a member of a fire department having a merit system established under IC 19-1-37.5, not be an active member of a police or fire department or agency.

(d) After December 31, 1984, the legislative body also may repeal the ordinance described in subsection (c), but the legislative body shall in the repealing ordinance concurrently establish a new merit system under section 3 of this chapter. (This subsection does not require the legislative body to establish a new merit system when it exercises its power to amend the ordinance under subsection (c).) After the new merit system takes effect, all members of the department are entitled to the same ranks and pay grades the members held under the prior system, subject to changes made in accordance with this chapter.

(e) If a city had a merit system for its police or fire department under a prior statute but fails to retain that system under subsection (c), the city legislative body shall, before July 1, 1983, pass an ordinance to establish a new merit system under section 3 of this chapter. If the new merit system is approved as provided by section 4 of this chapter, it takes effect as provided by that section. However, if the new merit system is rejected under section 4 of this chapter, within thirty (30) days the city legislative body shall adopt an ordinance to retain the prior merit system. The prior merit system remains in effect until the new merit system takes effect, after which time all members of the department are entitled to the same ranks and pay grades the members held under the prior system, subject to changes made in accordance with this chapter.

(f) An ordinance adopted under IC 36-1-4-14 to establish a police or fire merit system must include a provision under which the commission, or governing board of the merit system, has at least one-third (1/3) of its members elected by the active members of the department as prescribed by section 8 of this chapter. Each elected commission member must be a person of good moral character who is not an active member of a police or fire department or agency. If an ordinance was adopted under IC 36-1-4-14 before July 1, 1988, the ordinance must be amended to include this requirement.

(g) This chapter does not prevent a township or other unit that has adopted a merit system under section 3 of this chapter from later amending or deleting any provisions of the merit system contained in this chapter. However, the merit system must include a provision under which the commission has at least one-third (1/3) of its members elected by the active members of the department, as set forth in section 8 of this chapter and a provision that incorporates the requirements of section 6(b) of this chapter. This subsection does not require the legislative body to establish a new merit system when it exercises its power to amend under this subsection.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.189-1988, SEC.7; P.L.310-1989, SEC.1; P.L.3-1990, SEC.128; P.L.180-2002, SEC.1; P.L.1-2003, SEC.100; P.L.13-2010, SEC.3; P.L.207-2023, SEC.8.
Ind. Code § 36-8-16.6-13 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-13
Consumer's liability for charge; seller's obligation to remit charges collected
Status: in_force

Sec. 13. The 911 service prepaid wireless charge is the liability of the consumer and not of the seller or a provider. However, except as provided in section 15 of this chapter, a seller is liable to remit to the department all 911 service prepaid wireless charges that the seller collects from consumers under section 12 of this chapter, including all charges that the seller is considered to collect where the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller.

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.16; P.L.36-2016, SEC.4; P.L.119-2024, SEC.9.
Ind. Code § 36-7.6-1-14 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-14
"Regional transportation authority project"
Status: in_force

Sec. 14. "Regional transportation authority project" means a project that can be financed with the proceeds of bonds issued by a regional transportation authority under IC 36-9-3.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-1.5-4-6 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-6
Results of reorganization
Status: in_force

Sec. 6. When a reorganization under this chapter is effective:

(1) all of the participating political subdivisions, except the reorganized political subdivision, cease to exist;

(2) unless the plan of reorganization provides for the continuation of the term of office, the term of each of the elected offices of each of the reorganizing political subdivisions is terminated;

(3) if the plan of reorganization transfers the responsibilities of any office to another office, the office from which the responsibilities were transferred is abolished;

(4) the executives, legislative bodies, and fiscal bodies of the reorganizing political subdivisions (other than any reorganizing political subdivision that is treated under the plan of reorganization as the successor reorganized political subdivision) are abolished, and the responsibilities of the executives, legislative bodies, and fiscal bodies are transferred to the executive, legislative body, and fiscal body of the reorganized political subdivision; and

(5) the property and liabilities of the reorganizing political subdivisions become the property and liabilities of the reorganized political subdivision, subject to section 40 of this chapter.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-4-1337 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1337
Ordinance; allocation of credits to fee payer provisions
Status: in_force

Sec. 1337. An impact fee ordinance shall do the following:

(1) Establish a method for reasonably allocating credits to fee payers in situations in which the person providing infrastructure or an improvement is not the fee payer.

(2) Allow the person providing infrastructure or an improvement to designate in writing a reasonable and administratively feasible method of allocating credits to future fee payers.

As added by P.L.221-1991, SEC.38.
Ind. Code § 36-7-14-12 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-12
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-7-11 part; 18-7-7.1-11 part.]

As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.310, SEC.87; P.L.23-1984, SEC.16; P.L.380-1987(ss), SEC.9; P.L.393-1987(ss), SEC.3. Repealed by P.L.5-1988, SEC.213.
Ind. Code § 36-10-16-7 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-7
"Economic improvement project"
Status: in_force

Sec. 7. As used in this chapter, "economic improvement project" means the following:

(1) Planning or managing development or improvement activities.

(2) Designing, landscaping, beautifying, constructing, or maintaining common areas and attractions, public improvements, a trail project, public or private ways (including designing, constructing, or maintaining lighting), infrastructure, utility facilities (and improvements and equipment), water facilities (and improvements and equipment), sewage facilities, rail projects, transportation projects (and improvements and equipment), streets, or sidewalks for a common area or public or private way.

(3) Promoting the district, commercial activity, or public events.

(4) Supporting business recruitment and development.

(5) Providing security for public areas.

(6) Acquiring, constructing, or maintaining parking facilities.

(7) Constructing, rehabilitating, or repairing residential property, including improvements related to the habitability of the residential property.

(8) Acquiring, constructing, rehabilitating, or repairing redevelopment projects, economic development facilities described in IC 36-7-11.9-3, pollution control facilities described in IC 36-7-11.9-9, or other local improvements.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-9-42-2 — Indiana Code / Title 36 / Article 9 / Chapter 42 / Section 36-9-42-2
"Facility"
Status: in_force

Sec. 2. As used in this chapter, "facility" has the meaning set forth in IC 8-1-26-7.

As added by P.L.79-2013, SEC.1.
Ind. Code § 36-7-30.2-7 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-7
"Unit"
Status: in_force

Sec. 7. As used in this chapter, "unit" means a county, city, or town.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-1-5-2 — Indiana Code / Title 36 / Article 1 / Chapter 5 / Section 36-1-5-2
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-2-2.5-2 part; 17-1-28-10(d) part.]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.11, SEC.134. Repealed by P.L.213-1986, SEC.12.
Ind. Code § 36-9-27.4-16 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-16
Duty of board upon finding of intentional obstruction
Status: in_force

Sec. 16. (a) If the drainage board finds:

(1) for the petitioner under section 14(a) of this chapter; and

(2) under section 15 of this chapter that the obstruction of the drain or natural surface watercourse was created intentionally by at least one (1) of the respondents;

the drainage board shall enter an order directing the respondents to remove the obstruction at their own expense, or directing the county surveyor to remove the obstruction at the expense of the respondents.

(b) A respondent against whom an order is entered under subsection (a) is subject to an action under section 22 of this chapter if the respondent fails to pay the amount for which the respondent is responsible under the order.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-9-12-3 — Indiana Code / Title 36 / Article 9 / Chapter 12 / Section 36-9-12-3
Purchase or lease of parking meters
Status: in_force

Sec. 3. A municipality may provide, by ordinance, for the purchase or lease of parking meters. However, the ordinance must provide for the payment of the purchase price or rental fees only from the license fees collected from the parking meters.

[Pre-Local Government Recodification Citation: 18-6-13-2 part.]

As added by Acts 1981, P.L.309, SEC.85.
Ind. Code § 36-4-10-6 — Indiana Code / Title 36 / Article 4 / Chapter 10 / Section 36-4-10-6
Repealed
Status: repealed

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

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.1, SEC.57; P.L.57-1986, SEC.4; P.L.12-1992, SEC.160. Repealed by P.L.173-2003, SEC.41.
Ind. Code § 36-9-27.8-22 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-22
Expiration of authority to enter into contracts
Status: in_force

Sec. 22. The executive may not enter into a contract under this chapter with a homeowners association of a subdivision after June 30, 2021. The rights and obligations of a contract executed under this chapter before July 1, 2021, are not affected after June 30, 2021, and do not impair a unit's ability to enforce liens and collect subdivision drain repair assessments authorized under this chapter for work performed under a contract.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-1-10-8 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-8
Joint leasing
Status: in_force

Sec. 8. (a) If two (2) or more leasing agents propose to enter into a lease jointly, joint meetings of the leasing agents may be held. However, joint leasing must be approved by each leasing agent's fiscal body.

(b) A lease executed by two (2) or more leasing agents as joint lessees must set out the amount of the total rental to be paid by each. A lessee has no right of occupancy or use of the transportation project or system until the total rental is paid as stipulated by the contract.

[Pre-Local Government Recodification Citation: 18-5-3.3-1 part.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.13; P.L.343-1989(ss), SEC.16.
Ind. Code § 36-2-3.5-6 — Indiana Code / Title 36 / Article 2 / Chapter 3.5 / Section 36-2-3.5-6
Elections; stay upon failure to divide county into districts; court orders
Status: in_force

Sec. 6. (a) A court may issue an order, before final hearing, to stay an election if there is sufficient evidence to withstand a motion for summary judgment that the county has not been divided into districts that comply with IC 36-2-2-4 or IC 36-2-3-4. A preliminary hearing on the question may be held upon the court's own motion.

(b) Final judgment on the merits in such a case shall be made within thirty (30) days of the stay of election order. If the redistricting is found not to be in compliance with law, the court shall retain jurisdiction and shall order the proper officials to submit within thirty (30) days a redistricting plan complying with law. If the proper officials fail to comply with the order, the court shall order the Indiana election commission to divide the county into districts in compliance with law.

[Pre-Local Government Recodification Citation: 17-1-28-12.]

As added by Acts 1981, P.L.11, SEC.147. Amended by P.L.2-1996, SEC.288.
Ind. Code § 36-9-37-22 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-22
Default on single installment
Status: in_force

Sec. 22. Except as provided in section 22.5 of this chapter, the following apply if at least one (1) installment of an assessment is in default:

(1) The total amount of the assessment that remains unpaid is considered to be in default.

(2) The assessed property is subject to sale under sections 23 through 24 of this chapter to pay that amount.

(3) The assessment is subject to the:

(A) requirements and duties imposed;

(B) rights and remedies provided; and

(C) procedures available to the county treasurer;

for the collection of delinquent property taxes.

As added by P.L.98-1993, SEC.8. Amended by P.L.45-2004, SEC.3.
Ind. Code § 36-7.5-6-9 — Indiana Code / Title 36 / Article 7.5 / Chapter 6 / Section 36-7.5-6-9
Report to budget committee
Status: in_force

Sec. 9. The development authority shall quarterly report to the budget committee on all uses of money in the fund, including grants provided and grant amounts.

As added by P.L.195-2023, SEC.6.
Ind. Code § 36-7.5-1-12 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-12
"Eligible political subdivision"
Status: in_force

Sec. 12. "Eligible political subdivision" means the following:

(1) An airport authority.

(2) A commuter transportation district.

(3) A regional bus authority under IC 36-9-3-2(c).

(4) A regional transportation authority established under IC 36-9-3-2.

As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.50; P.L.197-2011, SEC.146; P.L.114-2022, SEC.32.
Ind. Code § 36-2-9-2 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-2
Residence; term of office
Status: in_force

Sec. 2. (a) The county auditor must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The auditor forfeits office if the auditor ceases to be a resident of the county.

(b) The term of office of the county auditor under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected and qualified.

(c) The county auditor is the fiscal officer of the county.

[Pre-Local Government Recodification Citations: 17-3-1-1 part; 17-3-21-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.544.
Ind. Code § 36-9-32-4 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-4
Loan agreements; loan of grant proceeds; pledge of revenues to secure bonds
Status: in_force

Sec. 4. A municipality may enter into a loan agreement with any person and loan the proceeds of any grant received by the municipality to that person with the repayment of the loan to be secured by the pledge of a note or other secured or unsecured debt obligation of that person. The municipality may pledge the revenues from the note or other secured or unsecured debt obligation of that person or of any entity organized for economic development purposes to the payment of bonds issued under this chapter. In no event may a municipality pledge revenues other than from the sources authorized in this chapter as security for the bonds issued under this chapter. A municipality may not issue bonds under this chapter if principal and interest payments on those bonds would exceed revenues to be derived by the municipality from the notes or other secured or unsecured debt obligations of any person that has entered into a loan agreement with the municipality under this chapter, or from other sources of principal and interest payments under this chapter. Any municipality may issue bonds under this chapter whether the revenues pledged to secure the bonds are to be derived from a loan agreement entered into before or after March 1, 1984. The validity of any bonds issued under this chapter is not dependent on or affected by the validity of the loan agreement at the time it was executed and delivered. All loan agreements between municipalities and persons borrowing grant proceeds entered into before March 1, 1984, are fully legalized and declared valid.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-7-9-11 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-11
Liability for costs for performance of work required by orders
Status: in_force

Sec. 11. (a) The work required by an order of the enforcement authority may be performed in the following manner:

(1) If the work is being performed under an order other than an order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and if the cost of this work is estimated to be less than twenty-five thousand dollars ($25,000), the department, acting through the unit's enforcement authority or other agent, may perform the work by means of the unit's own workers and equipment owned or leased by the unit. Notice that this work is to be performed must be given to all persons with a known or recorded substantial property interest, in the manner prescribed in subsection (c), at least ten (10) days before the date of performance of the work by the enforcement authority. This notice must include a statement that an amount representing a reasonable estimate of the cost incurred by the enforcement authority in processing the matter and performing the work may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.

(2) If the work is being performed under an order other than an order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and if the estimated cost of this work is twenty-five thousand dollars ($25,000) or more, this work must be let at public bid to a contractor licensed and qualified under law. The obligation to pay costs imposed by section 12 of this chapter is based on the condition of the unsafe premises at the time the public bid was accepted. Changes occurring in the condition of the unsafe premises after the public bid was accepted do not eliminate or diminish this obligation.

(3) If the work is being performed under an order issued under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, the work may be performed by a contractor who has been awarded a base bid contract to perform the work for the enforcement authority, or by the department, acting through the unit's enforcement authority or other governmental agency and using the unit's own workers and equipment owned or leased by the unit. Work performed under an order issued under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter may be performed without further notice to the persons holding a fee interest, life estate interest, or equitable interest of a contract purchaser, and these persons are liable for the costs incurred by the enforcement authority in processing the matter and performing the work, as provided by section 12 of this chapter.

(b) Bids may be solicited and accepted for work on more than one (1) property if the bid reflects an allocation of the bid amount among the various unsafe premises in proportion to the work to be accomplished. The part of the bid amount attributable to each of the unsafe premises constitutes the basis for calculating the part of the costs described by section 12(a)(1) of this chapter.

(c) All persons who have a known or recorded substantial property interest in the unsafe premises and are subject to an order other than an order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter must be notified about the public bid in the manner prescribed by section 25 of this chapter, by means of a written statement including:

(1) the name of the person to whom the order was issued;

(2) a legal description or address of the unsafe premises that are the subject of the order;

(3) a statement that a contract is to be let at public bid to a licensed contractor to accomplish work to comply with the order;

(4) a description of work to be accomplished;

(5) a statement that both the bid price of the licensed contractor who accomplishes the work and an amount representing a reasonable estimate of the cost incurred by the enforcement authority in processing the matter of the unsafe premises may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises;

(6) the time of the bid opening;

(7) the place of the bid opening; and

(8) the name, address, and telephone number of the enforcement authority.

(d) If the notice of the statement that public bids are to be let is served by publication, the publication must include the information required by subsection (c), except that it need only include a general description of the work to be accomplished. The publication must also state that a copy of the statement of public bid may be obtained from the enforcement authority.

(e) Notice of the statement that public bids are to be let must be given, at least ten (10) days before the date of the public bid, to all persons who have a known or recorded substantial property interest in the property and are subject to an order other than an order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter.

(f) If action is being taken under this section on the basis of an order that was served by publication, it is sufficient to serve the statement that public bids are to be let by publication, unless the enforcement authority has received information in writing that enables the unit to make service under section 25 of this chapter by a method other than publication.

[Pre-Local Government Recodification Citation: 18-5-5.5-15 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.11; P.L.255-1996, SEC.26; P.L.169-2006, SEC.63; P.L.155-2024, SEC.4.
Ind. Code § 36-8-10-10 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-10
Police officers; classification of ranks, grades, and positions; appointments
Status: in_force

Sec. 10. (a) Except for the position of chief deputy, the position of prison matron, and in a county with a population of more than fifty thousand (50,000), temporary administrative ranks or positions established and appointed by the sheriff, the sheriff, with the approval of the board, shall establish a classification of ranks, grades, and positions for county police officers in the department. For each rank, grade, and position established, the sheriff, with the approval of the board, shall:

(1) set reasonable standards of qualifications; and

(2) fix the prerequisites of:

(A) training;

(B) education; and

(C) experience.

(b) The sheriff, with the approval of the board, shall devise and administer examinations designed to test applicants for the qualifications required for the respective ranks, grades, or positions. After these examinations, the sheriff and the board shall jointly prepare a list naming only those applicants who, in the opinion of both the sheriff and the board, best meet the prescribed standards and prerequisites. The sheriff appoints county police officers but only from among the persons whose names appear on this list. All county police officers appointed to the department under this chapter are on probation for a period of one (1) year from the date of appointment.

(c) In a county with a population of more than fifty thousand (50,000), the sheriff may:

(1) establish a temporary administrative rank or position within the county police department; and

(2) appoint a county police officer that has served as a county police officer for at least five (5) years to and remove a county police officer from a temporary administrative rank or position;

without the approval of the board. Any temporary administrative rank or position established pursuant to this section shall not diminish or reduce the number and classifications of the existing merit ranks within the county police department. A county police officer appointed under this subsection must have served as a county police officer in the county police department for at least five (5) years before the appointment. A county police officer retains the rank, grade, or position awarded under subsection (b) while serving in a temporary administrative rank or position. This subsection may not be construed to limit, modify, annul, or otherwise affect a collective bargaining agreement.

(d) In a county with a population of more than fifty thousand (50,000), the sheriff, with the approval of the board, shall establish written rules and regulations governing the discipline of county police officers. Rules and regulations established by a sheriff under this subsection must conform to the disciplinary procedure required by section 11 of this chapter.

[Pre-Local Government Recodification Citation: 17-3-14-6.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.131-1983, SEC.14; P.L.314-1989, SEC.1; P.L.237-1996, SEC.3; P.L.270-1999, SEC.1; P.L.14-2000, SEC.83.
Ind. Code § 36-9-36-4 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-4
Preliminary resolutions; cross-sections, plans, and specifications
Status: in_force

Sec. 4. (a) If the works board of a unit wants to make an improvement under this chapter, the works board must first do the following:

(1) Adopt a preliminary resolution for the improvement.

(2) Adopt and place on file cross-sections, general plans, and specifications for the work at the time the preliminary resolution is adopted.

(b) This subsection does not apply to a county. The cross-sections, plans, and specifications filed under subsection (a) must conform to any paving standards adopted by the works board, unless engineering practice justifies a different design.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-8-11-7 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-7
Contents of petition to establish district
Status: in_force

Sec. 7. A petition filed under section 5 of this chapter must state the following:

(1) A name for the proposed district that distinguishes the district from all other political subdivisions within or contiguous to the area included within the district.

(2) A description of the territory to be included, not necessarily by metes and bounds, but sufficiently accurate to inform the county legislative body and to apprise landowners of the possibility of the inclusion of their land within the district.

(3) A statement of the purposes for which the district is proposed to be established.

(4) A statement of the necessity and urgency of accomplishing the purposes.

(5) A statement that the creation of the district will be conducive to the public health, safety, or welfare, including a summary of the advantages to be derived from the creation of the district.

(6) A statement that the costs and damages of the district will probably be less than the benefits to be derived.

(7) Whether the petition is conditioned upon a grant of federal or state monies, and whether the conditions that are attached to the grant or grants are acceptable if the monies should be offered.

[Pre-Local Government Recodification Citation: 19-1-45-8.]

As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-7-4-402 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-402
Duties; employees; hearings
Status: in_force

Sec. 402. (a) ADVISORY. Each advisory plan commission shall prescribe the qualifications of, appoint, remove, and fix the compensation of the employees of the commission, which compensation must conform to salaries and compensations fixed before that time by the fiscal body of the county or municipality, as the case may be. The commission shall delegate authority to its employees to perform ministerial acts in all cases except where final action of the commission or a board of zoning appeals is required by law.

(b) AREA. Each area plan commission shall prescribe the qualifications of, and with the consent of the executive director, fix the compensation of the employees of the planning department, which compensation must conform to salaries and compensations fixed before that time by the county fiscal body. The commission shall delegate authority to its employees to perform ministerial acts in all cases except where final action of the commission or a board of zoning appeals is required by law.

(c) METRO. The metropolitan development commission shall delegate authority to employees of the department of metropolitan development to perform ministerial acts in all cases except where final action of the commission or a board of zoning appeals is required by law.

(d) The plan commission may delegate to a hearing examiner or a committee of the commission the authority to conduct any public hearing required to be held by the commission or make any decision required to be made by the commission, or both. However, only a plat committee appointed under section 701(e) of this chapter may be delegated the authority to make decisions under the 700 series of this chapter. Such a hearing must be held upon the same notice and under the same rules as a hearing before the entire commission, and the examiner or committee shall report findings of fact and recommendations for decision to the commission or make the decision on behalf of the commission. A decision made under the authority of this subsection may not be a basis for judicial review, but it may be appealed to the plan commission. An interested person who wishes to appeal a decision made under the authority of this subsection must file the appeal not later than five (5) days after the date the decision is made, and the plan commission shall then hold the prescribed hearing and render its decision.

(e) METRO. The metropolitan development commission may designate a historic preservation commission created under IC 36-7-11.1-3 to conduct the public hearing required to be held by the metropolitan development commission under the 600 series of this chapter relative to the territory included in a historic area or historic zoning district created under IC 36-7-11.1-6. The hearing must be held upon the same notice and under the same rules as a hearing before the metropolitan development commission. The historic preservation commission shall report to the metropolitan development commission the historic preservation commission's findings of fact and recommendations for decision. The metropolitan development commission shall by rule provide reasonable opportunity for interested persons to file exceptions to the findings and recommendations. If an exception is filed in accordance with the rules, the metropolitan development commission shall hold the prescribed hearing. If an exception is not filed, the metropolitan development commission shall render a decision without further hearing. However, this subsection does not eliminate the need for a historic preservation commission to issue a certificate of appropriateness under IC 36-7-11.1-8(e) before the approval of a rezoning by the metropolitan development commission.

[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-4-402; 18-7-4-25 part; 18-7-5-28 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.19; P.L.321-1995, SEC.1; P.L.126-2011, SEC.13.
Ind. Code § 36-8-7.5-9 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-9
City officers; powers and duties
Status: in_force

Sec. 9. The proper officers of the city shall do the following:

(1) Deduct all sums that this chapter provides from the salaries of members of the police department and pay the sums to the local board in the manner that the local board specifies.

(2) On the first day of each month, notify the local board of all the following regarding members eligible for the 1953 fund that occurred during the preceding month and state the dates upon which these events occurred:

(A) New employments.

(B) Discharges.

(C) Resignations.

(D) Suspensions from the service.

(E) Deaths.

(F) Changes in salary that occurred during the preceding month.

(3) Procure for and transmit to the local board, in the form and time or times specified by the local board, all information requested by the local board concerning the service, age, salary, residence, marital condition, spouse, children, physical condition, mental condition, and death of any member of the police department.

(4) Convey to the local board all information required by the local board concerning each newly appointed member of the police department immediately after the appointment.

(5) Certify to the pension board, as of same day in the year to be fixed by the local board, the name of each member of the police department to whom this chapter applies.

(6) Keep such records concerning members of the police department as the local board may reasonably require and specify.

(7) Perform all duties without any cost to the 1953 fund.

As added by Acts 1982, P.L.77, SEC.9.
Ind. Code § 36-8-7-16 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-16
Disability retirees; physical examinations; reactivation; hearing; period of disability credited; transcripts, reports, records, and other materials
Status: in_force

Sec. 16. (a) After a member of the fire department has been retired upon pension because of disability, the local board may require the retired member to again be examined by competent physicians or surgeons. After the examination, the local board shall conduct a hearing under IC 36-8-8-12.7 to determine whether the disability still exists and whether the retired member should be continued on the pension roll. However, the retired member remains upon the pension roll until placed back in active service of the department, except in cases of dismissal or resignation.

(b) If a retired member is found after the examination and hearing to be physically able to be placed back in active service of the department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, the local board shall certify the person's name and that fact to the safety board or other appointing authority. The person shall be placed back on active duty by the appointing authority as soon as the first vacancy occurs.

(c) Time spent receiving disability benefits is considered active service for the purpose of determining retirement benefits until the member has a total of twenty (20) years of service.

(d) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material compiled to determine the existence of a disability shall be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

[Pre-Local Government Recodification Citation: 19-1-37-17.]

As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1981, P.L.182, SEC.8; P.L.311-1989, SEC.4; P.L.4-1992, SEC.39.
Ind. Code § 36-1-9.5-9 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-9
"Contract" defined
Status: in_force

Sec. 9. As used in this chapter, "contract" means the written agreement between an entity and a contractor setting forth the obligations of the parties.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-8-13.8 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-13.8
Members dying other than in line of duty after August 31, 1982
Status: in_force

Sec. 13.8. (a) This section applies to an active or retired member who dies other than in the line of duty (as defined in section 14.1 of this chapter) after August 31, 1982.

(b) If a fund member dies while receiving retirement or disability benefits, the following apply:

(1) Except as otherwise provided in this subsection, each of the member's surviving children is entitled to a monthly benefit equal to twenty percent (20%) of the fund member's monthly benefit:

(A) until the child becomes eighteen (18) years of age; or

(B) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university;

whichever period is longer. However, if the board finds upon the submission of satisfactory proof that a child who is at least eighteen (18) years of age is mentally or physically incapacitated, is not a ward of the state, and is not receiving a benefit under clause (B), the child is entitled to receive an amount each month that is equal to the greater of thirty percent (30%) of the monthly pay of a first class patrolman or 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 as long as the mental or physical incapacity of the child continues. Benefits paid for a child shall be paid to the surviving parent as long as the child resides with and is supported by the surviving parent. If the surviving parent dies, the benefits shall be paid to the legal guardian of the child.

(2) This subdivision applies to the surviving spouse of an active or retired member who dies before July 1, 2019. The member's surviving spouse is entitled to a monthly benefit equal to sixty percent (60%) of the fund member's monthly benefit during the spouse's lifetime. If the spouse remarried before September 1, 1983, and 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.

(3) This subdivision applies to the surviving spouse of an active or retired member who dies after June 30, 2019. The member's surviving spouse is entitled to a monthly benefit equal to seventy percent (70%) of the fund member's monthly benefit during the spouse's lifetime.

If a fund member dies while receiving retirement or disability benefits, there is no surviving eligible child or spouse, and there is proof satisfactory to the local board, subject to review in the manner specified in section 13.1(c) of this chapter, that the parent was wholly dependent on the fund member, the member's surviving parent is entitled, or both surviving parents if qualified are entitled jointly, to receive fifty percent (50%) of the fund member's monthly benefit during the parent's or parents' lifetime. As used in this subsection, a parent is wholly dependent on a fund member if the fund member claimed the parent as a dependent on the federal income tax return filed by the fund member in the year before the year in which the fund member died.

(c) Except as otherwise provided in this subsection, if a fund member dies while on active duty or while retired and not receiving benefits, the member's children and the member's spouse, or the member's parent or parents are entitled to receive a monthly benefit determined under subsection (b). If the fund member did not have at least twenty (20) years of service or was not at least fifty-two (52) years of age, the benefit is computed as if the member:

(1) did have twenty (20) years of service; and

(2) was fifty-two (52) years of age.

As added by P.L.118-2000, SEC.26. Amended by P.L.1-2007, SEC.242; P.L.62-2010, SEC.1; P.L.23-2010, SEC.1; P.L.146-2019, SEC.2.
Ind. Code § 36-7.5-7-4 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-4
"Reserve fund"
Status: in_force

Sec. 4. As used in this chapter, "reserve fund" means the Lake County convention and event center reserve fund established by section 10 of this chapter.

As added by P.L.195-2023, SEC.7.
Ind. Code § 36-7.5-4.5-25 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-25
Annual reporting requirement for employers operating in a transit development district
Status: in_force

Sec. 25. (a) Employers operating in a district shall report annually, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate the state income tax increment revenue and local income tax increment revenue.

(b) Upon request of the department, employers in the district shall provide the department with:

(1) the names and addresses of all persons employed by the employer in the district;

(2) information concerning the wages earned by the persons for work performed in the district; and

(3) any other information the department requires to administer this chapter.

(c) If an employer fails to report the information required by this section, the department shall use the best information available for calculating the local income tax increment revenue.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-7.6-2-6 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-6
Liability for unpaid transfers after withdrawal
Status: in_force

Sec. 6. A county or municipality that withdraws from a development authority under section 5 of this chapter is liable to the development authority for any unpaid transfers under:

(1) IC 36-7.6-4-2; or

(2) an agreement between the members of the development authority and the development board;

that become due before the withdrawal of the county or municipality from the development authority is effective.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.13.
Ind. Code § 36-7-9-18.1 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-18.1
Performance bond
Status: in_force

Sec. 18.1. (a) A court acting under section 17 of this chapter may condition the granting of a period of time to accomplish the action required by an order on the posting of a performance bond that will be forfeited if the action required by the order is not completed within the period the court allows. Before granting a period of time that is conditioned on the posting of a bond, the court may require that the requesting person justify the request with a workable and financially supported plan. If the court determines that a significant amount of work must be accomplished to comply with the order, the court may require that the bond specify interim completion standards and provide that the bond is forfeited if any of these interim completion standards are not substantially met.

(b) An amount collected under subsection (a) on a forfeited bond shall be deposited in the unsafe building fund.

As added by P.L.169-2006, SEC.67.
Ind. Code § 36-9-13-18 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-18
Removal of trustees and directors
Status: in_force

Sec. 18. (a) This subsection only applies to an individual who is appointed a trustee by a county executive of a county that does not contain a consolidated city. A trustee serves at the pleasure of the county executive as long as the county executive retains all of the same members who served on the body when the individual was appointed. If any of the members on the county executive changes, the trustee may only be removed under subsection (b).

(b) A person seeking the removal of a trustee for:

(1) neglect of duty;

(2) incompetence;

(3) inability to perform the trustee's duties; or

(4) any other good cause;

may file a complaint in the circuit or superior court for the county in which the building authority is located. The complaint must set forth the charges preferred. The action shall be placed on the court's advanced calendar, and the court shall try the action in the same manner as other civil cases, without a jury. If the charges are sustained, the court shall declare the trustee's office vacant.

(c) The trustees may summarily remove a director from office at any time.

[Pre-Local Government Recodification Citation: 19-8-4-6.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.127-2017, SEC.309; P.L.40-2026, SEC.21.
Ind. Code § 36-8-8-2.3 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-2.3
"System board"
Status: in_force

Sec. 2.3. As used in this chapter, "system board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.

As added by P.L.35-2012, SEC.113.
Ind. Code § 36-7-15.6-2 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-2
"Base assessed value"
Status: in_force

Sec. 2. As used in this chapter, "base assessed value" means the net assessed value of all the taxable property located in a flood control improvement district as finally determined for the assessment date immediately preceding the effective date of the resolution adopted under this chapter establishing the particular district.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-1-9.5-7 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-7
"Bidder" defined
Status: in_force

Sec. 7. As used in this chapter, "bidder" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person submitting a bid for advertised work.

As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.513.
Ind. Code § 36-7-30.5-4 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-4
"Development authority"
Status: in_force

Sec. 4. As used in this chapter, "development authority" means a military base development authority established under section 8 of this chapter.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-11-10-6 — Indiana Code / Title 36 / Article 11 / Chapter 10 / Section 36-11-10-6
Release of liens
Status: in_force

Sec. 6. (a) The district shall release:

(1) liens filed with the county recorder after the recorded date of conveyance of the property; and

(2) delinquent fees incurred by the seller;

upon receipt of a verified demand in writing from the purchaser.

(b) The demand must state the following:

(1) That the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner.

(2) That the purchaser has not been paid by the seller for the delinquent fees.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-9-27-44 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-44
Establishment of maintenance funds for drains
Status: in_force

Sec. 44. (a) A maintenance fund is established for each regulated drain and for each combination of drains established under section 41 of this chapter. A maintenance fund consists of:

(1) money received from annual assessments upon land benefited by the periodic maintenance of a drain;

(2) penalties received on collection of delinquent annual assessments made for the periodic maintenance of a drain; and

(3) money received from any person as compensation for damages suffered to a drain.

(b) The county auditor shall:

(1) set up a separate ledger account for each regulated drain or combination of drains whenever the board fixes an annual assessment for the periodic maintenance of the drain or combination; and

(2) extend the assessments upon the ditch duplicate in each year that the assessments are to be made.

(c) Whenever the county surveyor's estimate for annual maintenance of any drain is not more than one thousand five hundred dollars ($1,500), the board may exempt that drain from the requirement that a maintenance fund be established. Expenses up to one thousand five hundred dollars ($1,500) in each year for the drain shall be paid from the general drain improvement fund established under section 73 of this chapter. The surveyor may make these minor repairs without advertising or letting a contract or contracts, but the total of these expenditures in any one (1) county in each year may not exceed ten dollars ($10) per mile of regulated drains in the county. Expenditures under this subsection may not be assessed to the affected owners.

(d) The board may deposit money that is in a maintenance fund in the manner and to the extent provided by IC 5-13-6.

[Pre-Local Government Recodification Citation: 19-4-7-2.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.351-1985, SEC.1; P.L.19-1987, SEC.55.
Ind. Code § 36-8-8-18.1 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-18.1
Members electing to transfer or being transferred to 1977 fund from PERF
Status: reserved

Sec. 18.1. (a) As used in this section, "police officer" includes a former full-time, fully paid:

(1) town marshal;

(2) deputy town marshal;

(3) conservancy district marshal; or

(4) deputy conservancy district marshal;

who is employed as a police officer by a metropolitan board of police commissioners.

(b) If a unit, an airport authority, a school corporation, or a charter school becomes a participant in the 1977 fund and the unit, the airport authority, the school corporation, or the charter school previously covered police officers, firefighters, emergency medical technicians, or school resource officers in PERF, or if the employees of the unit become members of the 1977 fund under section 7(g) of this chapter, the following provisions apply:

(1) A minimum benefit applies to members electing to transfer or being transferred to the 1977 fund from PERF. The minimum benefit, payable at age fifty-two (52), for such a member equals the actuarial equivalent of the vested retirement benefit payable to the member upon normal retirement under IC 5-10.2-4-1 as of the day before the transfer, based solely on:

(A) creditable service;

(B) the average of the annual compensation; and

(C) the amount credited to the annuity savings account;

of the transferring member as of the day before the transfer under IC 5-10.2 and IC 5-10.3.

(2) The system board shall transfer from PERF to the 1977 fund the amount credited to the annuity savings accounts that is necessary for the purchase of service credit and the present value of benefits attributable to the transferring members.

(3) The amount the unit, the airport authority, the school corporation, or the charter school and the member must contribute to the 1977 fund under section 18 of this chapter, if any service credit is to be given under that section, will be reduced by the amounts transferred to the 1977 fund by the system board under subdivision (2).

(4) Credit for prior service in PERF of a member as a police officer, a firefighter, an emergency medical technician, or a school resource officer is waived in PERF. Any credit for that service under the 1977 fund shall only be given in accordance with section 18 of this chapter.

(5) Credit for prior service in PERF of a member, other than as a police officer, a firefighter, an emergency medical technician, or a school resource officer remains in PERF and may not be credited under the 1977 fund.

As added by P.L.4-1990, SEC.20. Amended by P.L.1-1991, SEC.215; P.L.101-1998, SEC.3; P.L.13-2011, SEC.21; P.L.35-2012, SEC.137; P.L.27-2019, SEC.31; P.L.102-2023, SEC.11; P.L.122-2023, SEC.31; P.L.170-2023, SEC.13; P.L.135-2024, SEC.12.
Ind. Code § 36-2-2-9 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-9
Location of meetings
Status: in_force

Sec. 9. The executive may select a location other than the county courthouse for its meetings only if the courthouse is not suitable, is inconvenient, or has been replaced or supplemented by other buildings to house county government offices.

[Pre-Local Government Recodification Citation: 17-1-14-13 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-1.5-4-1 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-1
Types of reorganizations authorized; political subdivisions not participating in reorganization
Status: in_force

Sec. 1. (a) Any of the following may reorganize under this chapter:

(1) Two (2) or more counties. A county reorganizing under this subdivision must be adjacent to at least one (1) other county participating in the reorganization.

(2) Two (2) or more townships located entirely within the same county. A township reorganizing under this subdivision must be adjacent to at least one (1) other township participating in the reorganization.

(3) Two (2) or more municipalities. A municipality reorganizing under this subdivision must be adjacent to at least one (1) other municipality participating in the reorganization.

(4) Two (2) or more school corporations. A school corporation reorganizing under this subdivision must be adjacent to at least one (1) other school corporation participating in the reorganization.

(5) Two (2) or more municipal corporations, other than a unit or a school corporation, that have substantially equivalent powers. A municipal corporation reorganizing under this subdivision must be adjacent to at least one (1) other municipal corporation participating in the reorganization.

(6) Two (2) or more special taxing districts that are adjacent to at least one (1) other special taxing district participating in the reorganization.

(7) A township and a municipality that is located in any part of the same township.

(8) A county and one (1) or more townships that are located in the county.

(9) A municipality and a county that does not contain a consolidated city.

(10) A school corporation and a county or municipality in which a majority of the students of the school corporation have legal settlement (as defined by IC 20-18-2-11).

(11) A municipal corporation, other than a unit or a school corporation, and a county or municipality in which a majority of the population of the municipal corporation resides.

(b) If a political subdivision reorganizes under this article with one (1) or more other political subdivisions:

(1) any political subdivisions that did not participate in the public question on the reorganization are not reorganized under this article;

(2) the reorganization affects only those political subdivisions in which the reorganization is approved as specified in this article; and

(3) the reorganization does not affect the rights, powers, and duties of any political subdivisions in the county in which the reorganization is not approved as specified in this article.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-3-5-5 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-5
Director of department as chief administrative officer; divisions; appointment of administrator; powers of director
Status: in_force

Sec. 5. (a) The director of a department is its chief administrative officer and shall exercise the powers of the department, subject to the authority granted to any board or commission in the department.

(b) A department may be administratively organized by divisions. If it is, the director shall, subject to the approval of the executive, appoint an administrator to be the head of each division, unless this title provides that the appointment be made otherwise. An administrator serves at the pleasure of the executive.

(c) The director of a department may:

(1) approve the hiring and dismissal of the administrator of each division and all other personnel of the department, subject to limitations prescribed by this title and rules adopted by the executive; and

(2) delegate to personnel of the department authority to act on the director's behalf.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-1-2(i) part; 18-4-6-3 part; 18-4-8-1 part; 18-4-9-1; 18-4-10-2; 18-4-12-1(b); 18-4-13-1; subsection (b) formerly 18-4-1-2(i) part; 18-4-3-4 part; 18-4-6-2; subsection (c) formerly 18-4-6-3 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.118.
Ind. Code § 36-11-7-4 — Indiana Code / Title 36 / Article 11 / Chapter 7 / Section 36-11-7-4
Use of county revenue for operation of a district
Status: in_force

Sec. 4. The governing body of a district may provide for the use of revenue of the county for operation of the district.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-10-3-45 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-45
Sections not to be repealed during period of outstanding bonds
Status: repealed

Sec. 45. The general assembly covenants that it will not repeal or amend:

(1) IC 6-9-7-6;

(2) IC 6-9-7-7;

(3) IC 36-10-3-40;

(4) IC 36-10-3-41;

(5) IC 36-10-3-42; and

(6) IC 36-10-3-43;

in a manner that would adversely affect owners of the bonds as long as the bonds are outstanding.

As added by P.L.74-1986, SEC.12.
Ind. Code § 36-11-3-2 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-2
Contents of notice of intent
Status: in_force

Sec. 2. A notice of intent to establish a district under this chapter must state the following:

(1) The proposed name of the district.

(2) The place in which the district's principal office is to be located.

(3) The following information:

(A) The need for the proposed district.

(B) The purpose to be accomplished.

(C) How the district will be conducive to the public health, safety, convenience, or welfare.

(4) An accurate description of the territory to be included in the district, which does not have to be given by metes and bounds or by legal subdivisions.

(5) The plan for financing the cost of the operations of the district until the district is in receipt of revenue from its operations.

(6) Estimates of the following:

(A) The costs of accomplishing the purpose of the district.

(B) The sources of the funding of those costs.

(C) The rates and charges that will be required.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-1.5-4-4 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-4
Powers of political subdivisions in an approved reorganization
Status: in_force

Sec. 4. As part of a reorganization in a finally approved plan of reorganization, one (1) or more of the reorganizing political subdivisions or the reorganized political subdivision may do the following:

(1) Adjust any of its boundaries.

(2) Establish a joint service area with another political subdivision.

(3) Transfer the functions of an office to another office.

(4) Provide for a legislative body, an executive, or a fiscal body of the reorganized political subdivision to exercise the powers of a legislative body, an executive, or a fiscal body of a reorganizing political subdivision.

(5) Change the name of the political subdivision or select a new name.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-9-29-16 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-16
Federal aid; acceptance; conditions
Status: in_force

Sec. 16. (a) The flood control board may, on behalf of the flood control district, accept any legal, engineering, financial, construction, or other aid from the federal government or any other source.

(b) If the federal government agrees to construct or furnish and install all or part of the flood control works required by the flood control district, and to furnish the necessary plans and specifications, the flood control board shall accept the offer and adopt the plans and specifications as its own, unless they do not conform to the decree establishing the district.

[Pre-Local Government Recodification Citation: 19-4-18-8 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-9-30-32 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-32
Lease with option to purchase facilities; exercise of option; nonexercise of option; extension of lease
Status: in_force

Sec. 32. (a) If a unit exercises an option to purchase contained in a lease under section 24 of this chapter, it may pay the purchase price of the facilities purchased with money obtained from bonds issued and sold under the statutes governing the issue and sale of bonds of the unit.

(b) If the unit does not exercise the option to purchase at the expiration of the lease, the solid waste disposal facilities covered by the lease become the absolute property of the unit upon the unit's full discharge and performance of its obligations under the lease. The lessor corporation shall execute proper instruments conveying to the unit good and merchantable title to the facilities.

(c) If the unit does not exercise the option to purchase, then the board, subject to the approval of the fiscal body of the unit, may extend the lease of the solid waste disposal facility for the term, not to exceed a period equal to the term of the original lease, and for the consideration agreed to by the parties to the original lease or their assignees. At the end of the extension period, the facility covered by the lease becomes the absolute property of the unit, and the lessor corporation shall execute all proper instruments to convey the facility to the unit.

[Pre-Local Government Recodification Citation: 19-2-1-21.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-9-15.5-6 — Indiana Code / Title 36 / Article 9 / Chapter 15.5 / Section 36-9-15.5-6
Tax levy; rate of tax
Status: repealed

Sec. 6. (a) The municipal fiscal body may provide money for the cumulative capital development fund by levying a tax in compliance with IC 6-1.1-41 on the taxable property in the municipality. For purposes of this section, a county in which only the county economic development income tax (IC 6-3.5-7, repealed) was in effect on January 1, 2016, is considered a county in which the local income tax is not in effect unless the county increases, after 2015, the allocation of its local income tax revenue to property tax relief, public safety, or certified shares by an amount that is at least equal to the revenue raised from an income tax rate of twenty-five hundredths percent (0.25%).

(b) The maximum property tax rate that may be imposed for property taxes first due and payable during a particular year in a municipality that is either wholly or partially located in a county in which the local income tax is in effect on January 1 of that year depends upon the number of years the municipality has previously imposed a tax under this chapter and is determined under the following table:

NUMBER

TAX RATE PER $100

OF YEARS

OF ASSESSED

VALUATION

0

$0.0167

1

$0.0333

2 or more

$0.05

(c) The maximum property tax rate that may be imposed for property taxes first due and payable during a particular year in a municipality that is wholly located in a county in which the local income tax is not in effect on January 1 of that year depends upon the number of years the municipality has previously imposed a tax under this chapter and is determined under the following table:

NUMBER

TAX RATE PER $100

OF YEARS

OF ASSESSED

VALUATION

0

$0.0133

1

$0.0267

2 or more

$0.04

As added by P.L.44-1984, SEC.17. Amended by P.L.17-1995, SEC.33; P.L.146-2008, SEC.792; P.L.197-2016, SEC.150.
Ind. Code § 36-7-21-7 — Indiana Code / Title 36 / Article 7 / Chapter 21 / Section 36-7-21-7
Certification of scheduled assessments to county auditor; designation of assessment on property tax statement; judicial review of ordinance establishing district
Status: in_force

Sec. 7. (a) Upon the approval by the legislative body of the resolution establishing the special improvement district, the redevelopment commission shall certify the list of assessments apportioned under sections 5 and 6 of this chapter to the county auditor. The scheduled assessments shall be collected only insofar as the schedule of assessments has been approved by the legislative body.

(b) Within thirty (30) days after the county auditor receives the certification of final scheduled assessments for the completion of the special improvement, the auditor shall deliver a copy of the duplicate to the county treasurer. Each year the treasurer shall add to the tax statements of a person owning the property affected by an assessment, designating it in a manner distinct from general taxes, the full annual assessment due in the year the statement is sent.

(c) Any owner of the property to be assessed under the ordinance establishing the special improvement district is entitled to judicial review of that ordinance in the circuit or superior court of the county in which the redevelopment commission is located.

As added by P.L.380-1987(ss), SEC.20.
Ind. Code § 36-2-5-12 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-12
Additional appropriations
Status: in_force

Sec. 12. (a) If, after the adjournment of its annual meeting under IC 36-2-3-7(b)(2), the county fiscal body finds that an emergency requiring additional appropriations exists, it may make additional appropriations at a special meeting. Estimates of the necessary amount of additional appropriations must be prepared and presented in an ordinance as prescribed by this chapter.

(b) Except as provided in subsection (c), an additional appropriation under this section must be passed by at least a majority vote of all elected members of the county fiscal body.

(c) Notwithstanding IC 36-2-4-5, a county fiscal body may adopt an ordinance that requires an additional appropriation under this section to be passed by an affirmative vote of a certain number of members greater than a majority of all elected members of the county fiscal body.

(d) An ordinance adopted under subsection (c) requiring an affirmative vote of a certain number of members greater than a majority of all elected members of the fiscal body to pass an additional appropriation must be adopted or repealed by a majority vote of all elected members of the county fiscal body.

[Pre-Local Government Recodification Citation: 17-1-24-20.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.20; P.L.125-2001, SEC.3.
Ind. Code § 36-9-4-17 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-17
Directors; membership in political parties
Status: in_force

Sec. 17. The appointing authorities shall make appointments to the board of directors under section 15 or 16 of this chapter so that the number of directors belonging to either of the two (2) major political parties does not exceed the number belonging to the other by more than one (1). If the appointing authorities cannot agree on the manner in which this will be done, the municipal executive shall make the appointment that results in one (1) party having more directors than the other.

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

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-7-14-39 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-39-b
Distribution and allocation of taxes; allocation area; base assessed value determinations; allocation of excess assessed value
Status: in_force

Note: This version of section effective 7-1-2026. See also preceding version of this section, effective until 7-1-2026.

Sec. 39. (a) As used in this section:

"Allocation area" means that part of a redevelopment project area to which an allocation provision of a declaratory resolution adopted under section 15 of this chapter refers for purposes of distribution and allocation of property taxes.

"Base assessed value" means, subject to subsection (j), the following:

(1) If an allocation provision is adopted after June 30, 1995, in a declaratory resolution or an amendment to a declaratory resolution establishing an economic development area:

(A) the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the declaratory resolution, as adjusted under subsection (h); plus

(B) to the extent that it is not included in clause (A), the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, within the allocation area, as finally determined for the current assessment date.

(2) If an allocation provision is adopted after June 30, 1997, in a declaratory resolution or an amendment to a declaratory resolution establishing a redevelopment project area:

(A) the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the declaratory resolution, as adjusted under subsection (h); plus

(B) to the extent that it is not included in clause (A), the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, as finally determined for the current assessment date.

(3) If:

(A) an allocation provision adopted before June 30, 1995, in a declaratory resolution or an amendment to a declaratory resolution establishing a redevelopment project area expires after June 30, 1997; and

(B) after June 30, 1997, a new allocation provision is included in an amendment to the declaratory resolution;

the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision adopted after June 30, 1997, as adjusted under subsection (h).

(4) Except as provided in subdivision (5), for all other allocation areas, the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the declaratory resolution, as adjusted under subsection (h).

(5) If an allocation area established in an economic development area before July 1, 1995, is expanded after June 30, 1995, the definition in subdivision (1) applies to the expanded part of the area added after June 30, 1995.

(6) If an allocation area established in a redevelopment project area before July 1, 1997, is expanded after June 30, 1997, the definition in subdivision (2) applies to the expanded part of the area added after June 30, 1997.

Except as provided in section 39.3 of this chapter, "property taxes" means taxes imposed under IC 6-1.1 on real property. However, upon approval by a resolution of the redevelopment commission adopted before June 1, 1987, "property taxes" also includes taxes imposed under IC 6-1.1 on depreciable personal property. If a redevelopment commission adopted before June 1, 1987, a resolution to include within the definition of property taxes, taxes imposed under IC 6-1.1 on depreciable personal property that has a useful life in excess of eight (8) years, the commission may by resolution determine the percentage of taxes imposed under IC 6-1.1 on all depreciable personal property that will be included within the definition of property taxes. However, the percentage included must not exceed twenty-five percent (25%) of the taxes imposed under IC 6-1.1 on all depreciable personal property.

(b) A declaratory resolution adopted under section 15 of this chapter on or before the allocation deadline determined under subsection (i) may include a provision with respect to the allocation and distribution of property taxes for the purposes and in the manner provided in this section. A declaratory resolution previously adopted may include an allocation provision by the amendment of that declaratory resolution on or before the allocation deadline determined under subsection (i) in accordance with the procedures required for its original adoption. A declaratory resolution or amendment that establishes an allocation provision must include a specific finding of fact, supported by evidence, that the adoption of the allocation provision will result in new property taxes in the area that would not have been generated but for the adoption of the allocation provision. For an allocation area established before July 1, 1995, the expiration date of any allocation provisions for the allocation area is June 30, 2025, or the last date of any obligations that are outstanding on July 1, 2015, whichever is later. A declaratory resolution or an amendment that establishes an allocation provision after June 30, 1995, must specify an expiration date for the allocation provision. For an allocation area established before July 1, 2008, the expiration date may not be more than thirty (30) years after the date on which the allocation provision is established. For an allocation area established after June 30, 2008, the expiration date may not be more than twenty-five (25) years after the date on which the first obligation was incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues. However, with respect to bonds or other obligations that were issued before July 1, 2008, if any of the bonds or other obligations that were scheduled when issued to mature before the specified expiration date and that are payable only from allocated tax proceeds with respect to the allocation area remain outstanding as of the expiration date, the allocation provision does not expire until all of the bonds or other obligations are no longer outstanding. Notwithstanding any other law, in the case of an allocation area that is established after June 30, 2019, and that is located in a redevelopment project area described in section 25.1(c)(3)(C) of this chapter, an economic development area described in section 25.1(c)(3)(C) of this chapter, or an urban renewal project area described in section 25.1(c)(3)(C) of this chapter, the expiration date of the allocation provision may not be more than thirty-five (35) years after the date on which the allocation provision is established. The allocation provision may apply to all or part of the redevelopment project area. The allocation provision must require that any property taxes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the allocation area be allocated and distributed as follows:

(1) Except as otherwise provided in this section, the proceeds of the taxes attributable to the lesser of:

(A) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or

(B) the base assessed value;

shall be allocated to and, when collected, paid into the funds of the respective taxing units.

(2) This subdivision applies to a fire protection territory established after December 31, 2022. If a unit becomes a participating unit of a fire protection territory that is established after a declaratory resolution is adopted under section 15 of this chapter, the excess of the proceeds of the property taxes attributable to an increase in the property tax rate for the participating unit of a fire protection territory:

(A) except as otherwise provided by this subdivision, shall be determined as follows:

STEP ONE: Divide the unit's tax rate for fire protection for the year before the establishment of the fire protection territory by the participating unit's tax rate as part of the fire protection territory.

STEP TWO: Subtract the STEP ONE amount from one (1).

STEP THREE: Multiply the STEP TWO amount by the allocated property tax attributable to the participating unit of the fire protection territory; and

(B) to the extent not otherwise included in subdivisions (1) and (3), the amount determined under STEP THREE of clause (A) shall be allocated to and distributed in the form of an allocated property tax revenue pass back to the participating unit of the fire protection territory for the assessment date with respect to which the allocation is made.

However, if the redevelopment commission determines that it is unable to meet its debt service obligations with regards to the allocation area without all or part of the allocated property tax revenue pass back to the participating unit of a fire protection area under this subdivision, then the allocated property tax revenue pass back under this subdivision shall be reduced by the amount necessary for the redevelopment commission to meet its debt service obligations of the allocation area. The calculation under this subdivision must be made by the redevelopment commission in collaboration with the county auditor and the applicable fire protection territory. Any calculation determined according to clause (A) must be submitted to the department of local government finance in the manner prescribed by the department of local government finance. The department of local government finance shall verify the accuracy of each calculation.

(3) The excess of the proceeds of the property taxes imposed for the assessment date with respect to which the allocation and distribution is made that are attributable to taxes imposed after being approved by the voters in a referendum or local public question conducted after April 30, 2010, not otherwise included in subdivisions (1) and (2) shall be allocated to and, when collected, paid into the funds of the taxing unit for which the referendum or local public question was conducted.

(4) Except as otherwise provided in this section, property tax proceeds in excess of those described in subdivisions (1), (2), and (3) shall be allocated to the redevelopment district and, when collected, paid into an allocation fund for that allocation area that may be used by the redevelopment district only to do one (1) or more of the following:

(A) Pay the principal of and interest on any obligations payable solely from allocated tax proceeds which are incurred by the redevelopment district for the purpose of financing or refinancing the redevelopment of that allocation area.

(B) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in that allocation area.

(C) Pay the principal of and interest on bonds payable from allocated tax proceeds in that allocation area and from the special tax levied under section 27 of this chapter.

(D) Pay the principal of and interest on bonds issued by the unit to pay for local public improvements that are physically located in or physically connected to that allocation area.

(E) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in that allocation area.

(F) Make payments on leases payable from allocated tax proceeds in that allocation area under section 25.2 of this chapter.

(G) Reimburse the unit for expenditures made by it for local public improvements (which include buildings, parking facilities, and other items described in section 25.1(a) of this chapter) that are physically located in or physically connected to that allocation area.

(H) Reimburse the unit for rentals paid by it for a building or parking facility that is physically located in or physically connected to that allocation area under any lease entered into under IC 36-1-10.

(I) For property taxes first due and payable before January 1, 2009, pay all or a part of a property tax replacement credit to taxpayers in an allocation area as determined by the redevelopment commission. This credit equals the amount determined under the following STEPS for each taxpayer in a taxing district (as defined in IC 6-1.1-1-20) that contains all or part of the allocation area:

STEP ONE: Determine that part of the sum of the amounts under IC 6-1.1-21-2(g)(1)(A), IC 6-1.1-21-2(g)(2), IC 6-1.1-21-2(g)(3), IC 6-1.1-21-2(g)(4), and IC 6-1.1-21-2(g)(5) (before their repeal) that is attributable to the taxing district.

STEP TWO: Divide:

(i) that part of each county's eligible property tax replacement amount (as defined in IC 6-1.1-21-2 (before its repeal)) for that year as determined under IC 6-1.1-21-4 (before its repeal) that is attributable to the taxing district; by

(ii) the STEP ONE sum.

STEP THREE: Multiply:

(i) the STEP TWO quotient; times

(ii) the total amount of the taxpayer's taxes (as defined in IC 6-1.1-21-2 (before its repeal)) levied in the taxing district that have been allocated during that year to an allocation fund under this section.

If not all the taxpayers in an allocation area receive the credit in full, each taxpayer in the allocation area is entitled to receive the same proportion of the credit. A taxpayer may not receive a credit under this section and a credit under section 39.5 of this chapter (before its repeal) in the same year.

(J) Pay expenses incurred by the redevelopment commission for local public improvements that are in the allocation area or serving the allocation area. Public improvements include buildings, parking facilities, and other items described in section 25.1(a) of this chapter.

(K) Reimburse public and private entities for expenses incurred in training employees of industrial facilities that are located:

(i) in the allocation area; and

(ii) on a parcel of real property that has been classified as industrial property under the rules of the department of local government finance.

However, the total amount of money spent for this purpose in any year may not exceed the total amount of money in the allocation fund that is attributable to property taxes paid by the industrial facilities described in this clause. The reimbursements under this clause must be made within three (3) years after the date on which the investments that are the basis for the increment financing are made.

(L) Pay the costs of carrying out an eligible efficiency project (as defined in IC 36-9-41-1.5) within the unit that established the redevelopment commission. However, property tax proceeds may be used under this clause to pay the costs of carrying out an eligible efficiency project only if those property tax proceeds exceed the amount necessary to do the following:

(i) Make, when due, any payments required under clauses (A) through (K), including any payments of principal and interest on bonds and other obligations payable under this subdivision, any payments of premiums under this subdivision on the redemption before maturity of bonds, and any payments on leases payable under this subdivision.

(ii) Make any reimbursements required under this subdivision.

(iii) Pay any expenses required under this subdivision.

(iv) Establish, augment, or restore any debt service reserve under this subdivision.

(M) Expend money and provide financial assistance as authorized in section 12.2(a)(27) of this chapter.

(N) Expend revenues that are allocated for police and fire services on both capital expenditures and operating expenses as authorized in section 12.2(a)(28) of this chapter.

(O) Expend money or provide financial assistance (including grants and loans) to entities for the purpose of encouraging or incentivizing the construction, expansion, or ongoing operation of child care facilities that are in the allocation area or serving the allocation area.

The allocation fund may not be used for operating expenses of the commission.

(5) Except as provided in subsection (g), before June 15 of each year, the commission shall do the following:

(A) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds described in subdivision (4), plus the amount necessary for other purposes described in subdivision (4).

(B) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the department of redevelopment, and the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that is wholly or partly located within the allocation area. The county auditor, upon receiving the notice, shall forward this notice (in an electronic format) to the department of local government finance not later than June 15 of each year. The notice must:

(i) state the amount, if any, of excess assessed value that the commission has determined may be allocated to the respective taxing units in the manner prescribed in subdivision (1); or

(ii) state that the commission has determined that there is no excess assessed value that may be allocated to the respective taxing units in the manner prescribed in subdivision (1).

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. The commission may not authorize an allocation of assessed value to the respective taxing units under this subdivision if to do so would endanger the interests of the holders of bonds described in subdivision (4) or lessors under section 25.3 of this chapter. If a commission fails to provide the notice under this clause, the county auditor shall allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units. However, if the commission notifies the county auditor and the department of local government finance, no later than July 1, that it is unable to meet its debt service obligations with regard to the allocation area without all or part of the allocated tax proceeds attributed to the assessed value that has been allocated to the respective taxing units, then the county auditor may not allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units.

(C) If:

(i) the amount of excess assessed value determined by the commission is expected to generate more than two hundred percent (200%) of the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on bonds described in subdivision (4); plus

(ii) the amount necessary for other purposes described in subdivision (4);

the commission shall submit to the legislative body of the unit its determination of the excess assessed value that the commission proposes to allocate to the respective taxing units in the manner prescribed in subdivision (1). The legislative body of the unit may approve the commission's determination or modify the amount of the excess assessed value that will be allocated to the respective taxing units in the manner prescribed in subdivision (1).

(6) Notwithstanding subdivision (5), in the case of an allocation area that is established after June 30, 2019, and that is located in a redevelopment project area described in section 25.1(c)(3)(C) of this chapter, an economic development area described in section 25.1(c)(3)(C) of this chapter, or an urban renewal project area described in section 25.1(c)(3)(C) of this chapter, for each year the allocation provision is in effect, if the amount of excess assessed value determined by the commission under subdivision (5)(A) is expected to generate more than two hundred percent (200%) of:

(A) the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on bonds described in subdivision (4) for the project; plus

(B) the amount necessary for other purposes described in subdivision (4) for the project;

the amount of the excess assessed value that generates more than two hundred percent (200%) of the amounts described in clauses (A) and (B) shall be allocated to the respective taxing units in the manner prescribed by subdivision (1).

(c) For the purpose of allocating taxes levied by or for any taxing unit or units, the assessed value of taxable property in a territory in the allocation area that is annexed by any taxing unit after the effective date of the allocation provision of the declaratory resolution is the lesser of:

(1) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or

(2) the base assessed value.

(d) Property tax proceeds allocable to the redevelopment district under subsection (b)(4) may, subject to subsection (b)(5), be irrevocably pledged by the redevelopment district for payment as set forth in subsection (b)(4).

(e) Notwithstanding any other law, each assessor shall, upon petition of the redevelopment commission, reassess the taxable property situated upon or in, or added to, the allocation area, effective on the next assessment date after the petition.

(f) Notwithstanding any other law, the assessed value of all taxable property in the allocation area, for purposes of tax limitation, property tax replacement, and formulation of the budget, tax rate, and tax levy for each political subdivision in which the property is located is the lesser of:

(1) the assessed value of the property as valued without regard to this section; or

(2) the base assessed value.

(g) If any part of the allocation area is located in an enterprise zone created under IC 5-28-15, the unit that designated the allocation area shall create funds as specified in this subsection. A unit that has obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(4) shall establish an allocation fund for the purposes specified in subsection (b)(4) and a special zone fund. Such a unit shall, until the end of the enterprise zone phase out period, deposit each year in the special zone fund any amount in the allocation fund derived from property tax proceeds in excess of those described in subsection (b)(1), (b)(2), and (b)(3) from property located in the enterprise zone that exceeds the amount sufficient for the purposes specified in subsection (b)(4) for the year. The amount sufficient for purposes specified in subsection (b)(4) for the year shall be determined based on the pro rata portion of such current property tax proceeds from the part of the enterprise zone that is within the allocation area as compared to all such current property tax proceeds derived from the allocation area. A unit that has no obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(4) shall establish a special zone fund and deposit all the property tax proceeds in excess of those described in subsection (b)(1), (b)(2), and (b)(3) in the fund derived from property tax proceeds in excess of those described in subsection (b)(1), (b)(2), and (b)(3) from property located in the enterprise zone. The unit that creates the special zone fund shall use the fund (based on the recommendations of the urban enterprise association) for programs in job training, job enrichment, and basic skill development that are designed to benefit residents and employers in the enterprise zone or other purposes specified in subsection (b)(4), except that where reference is made in subsection (b)(4) to allocation area it shall refer for purposes of payments from the special zone fund only to that part of the allocation area that is also located in the enterprise zone. Those programs shall reserve at least one-half (1/2) of their enrollment in any session for residents of the enterprise zone.

(h) The state board of accounts and department of local government finance shall make the rules and prescribe the forms and procedures that they consider expedient for the implementation of this chapter. After each reassessment in an area under a reassessment plan prepared under IC 6-1.1-4-4.2, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value one (1) time to neutralize any effect of the reassessment of the real property in the area on the property tax proceeds allocated to the redevelopment district under this section. After each annual adjustment under IC 6-1.1-4-4.5, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value one (1) time to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the redevelopment district under this section. However, the adjustments under this subsection:

(1) may not include the effect of phasing in assessed value due to property tax abatements under IC 6-1.1-12.1;

(2) may not produce less property tax proceeds allocable to the redevelopment district under subsection (b)(4) than would otherwise have been received if the reassessment under the reassessment plan or the annual adjustment had not occurred; and

(3) may decrease base assessed value only to the extent that assessed values in the allocation area have been decreased due to annual adjustments or the reassessment under the reassessment plan.

Assessed value increases attributable to the application of an abatement schedule under IC 6-1.1-12.1 may not be included in the base assessed value of an allocation area. The county auditor shall, in the manner prescribed by the department of local government finance, submit the forms required by this subsection to the department of local government finance no later than July 15 of each year.

(i) The allocation deadline referred to in subsection (b) is determined in the following manner:

(1) The initial allocation deadline is December 31, 2011.

(2) Subject to subdivision (3), the initial allocation deadline and subsequent allocation deadlines are automatically extended in increments of five (5) years, so that allocation deadlines subsequent to the initial allocation deadline fall on December 31, 2016, and December 31 of each fifth year thereafter.

(3) At least one (1) year before the date of an allocation deadline determined under subdivision (2), the general assembly may enact a law that:

(A) terminates the automatic extension of allocation deadlines under subdivision (2); and

(B) specifically designates a particular date as the final allocation deadline.

(j) If a redevelopment commission adopts a declaratory resolution or an amendment to a declaratory resolution that contains an allocation provision and the redevelopment commission makes either of the filings required under section 17(e) of this chapter after the first anniversary of the effective date of the allocation provision, the auditor of the county in which the unit is located shall compute the base assessed value for the allocation area using the assessment date immediately preceding the later of:

(1) the date on which the documents are filed with the county auditor; or

(2) the date on which the documents are filed with the department of local government finance.

(k) For an allocation area established after June 30, 2025, "residential property" refers to the assessed value of property that is allocated to the one percent (1%) homestead land and improvement categories in the county tax and billing software system.

[Pre-Local Government Recodification Citations: 18-7-7-39.1; 18-7-7.1-39.]

As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.57, SEC.40; Acts 1981, P.L.180, SEC.12; P.L.23-1983, SEC.17; P.L.72-1983, SEC.5; P.L.9-1986, SEC.9; P.L.393-1987(ss), SEC.4; P.L.37-1988, SEC.25; P.L.38-1988, SEC.11; P.L.114-1989, SEC.9; P.L.41-1992, SEC.5; P.L.18-1992, SEC.26; P.L.25-1995, SEC.84; P.L.85-1995, SEC.40; P.L.255-1997(ss), SEC.15; P.L.90-2002, SEC.476; P.L.192-2002(ss), SEC.177; P.L.4-2005, SEC.135; P.L.185-2005, SEC.22; P.L.216-2005, SEC.6; P.L.154-2006, SEC.72; P.L.146-2008, SEC.738; P.L.88-2009, SEC.13; P.L.182-2009(ss), SEC.404; P.L.203-2011, SEC.9; P.L.112-2012, SEC.55; P.L.218-2013, SEC.16; P.L.149-2014, SEC.18; P.L.95-2014, SEC.3; P.L.87-2015, SEC.3; P.L.184-2016, SEC.29; P.L.85-2017, SEC.122; P.L.86-2018, SEC.344; P.L.214-2019, SEC.33; P.L.257-2019, SEC.120; P.L.156-2020, SEC.139; P.L.38-2021, SEC.88; P.L.174-2022, SEC.71; P.L.236-2023, SEC.179; P.L.136-2024, SEC.54; P.L.181-2025, SEC.20; P.L.68-2025, SEC.234; P.L.186-2025, SEC.281; P.L.157-2026, SEC.236; P.L.58-2026, SEC.6; P.L.157-2026, SEC.237.
Ind. Code § 36-7-4-914 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-914
Board of zoning appeals; facilities
Status: in_force

Sec. 914. The plan commission shall provide for suitable facilities for the holding of board of zoning appeals' hearings and for the preserving of records, documents, and accounts.

[Pre-Local Government Recodification Citations: 18-7-2-66; 18-7-4-914; 18-7-4-74; 18-7-5-78.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.7.
Ind. Code § 36-9-36-18 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-18
Contracting by works board for construction or repair of sidewalk or curb
Status: in_force

Sec. 18. (a) The works board may let a general contract for the making or repairing of all sidewalks or curbs of a specified material within the unit. The contract shall include an agreed price per square yard for the sidewalk construction.

(b) If the contract is for work in a municipality, the contract may also specify the following:

(1) The price per cubic yard for excavation and filling.

(2) The price per lineal foot for curb.

(c) The letting of a contract under this section is governed by the statutes regulating contractual authority of the unit.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-4-7 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-7
Purchase of property from system by municipality; contracts and leases; appraisals
Status: in_force

Sec. 7. (a) If the municipal legislative body decides to purchase buses or real property, or both, from the urban mass transportation system under section 5 of this chapter, it must enter into and confirm by ordinance a contract and lease requiring the municipality to:

(1) purchase all or part of:

(A) the buses operated by the system; or

(B) the real property owned by the system; as determined by the parties; and

(2) lease the buses or property purchased to the system for use in providing mass transportation within the municipality.

(b) The municipality must pay the system a sum equal to the fair value of the buses or real property purchased, less the amount outstanding under any mortgage, contract of sale, or other security device that may attach to the buses or real property. The municipality may immediately pay off any such outstanding amount or assume any such mortgage, contract of sale, or other security device.

(c) The fair value of the buses or real property shall be determined by three (3) appraisers experienced in the appraisal of buses or real property. One (1) of the appraisers shall be appointed by the municipality and one (1) by the system. These two (2) appraisers shall then appoint a third appraiser. However, if they are unable to do so, each shall submit the names of three (3) appraisers to the circuit court for the county in which the municipality is located and the court shall appoint the third appraiser from the names submitted.

(d) If the municipal legislative body decides to purchase both buses and real property for lease to an urban mass transportation system, three (3) appraisers shall be appointed to determine the fair value of the buses and an additional three (3) appraisers shall be appointed to determine the fair value of the real property. Each group of three (3) appraisers shall be appointed in the manner prescribed by subsection (c).

(e) Before making their appraisal, the appraisers must appear before the clerk of the legislative body and take an oath to make a just and true appraisal of the buses or real property.

(f) A lease of buses or real property by a municipality to a system under this section must incorporate provisions for rental and other terms and provisions that the municipal legislative body considers necessary under this chapter. The municipality and the system may enter into additional contracts and leases during the term of the lease. The term of a lease of buses under this section may not exceed twenty-five (25) years.

[Pre-Local Government Recodification Citation: 19-5-2-7 part.]

As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1981, P.L.317, SEC.1.
Ind. Code § 36-7-2-9.1 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-9.1
Plan reviews and inspections
Status: in_force

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

Sec. 9.1. (a) This section does not apply to:

(1) a manufactured housing community; or

(2) a mobile home community;

that is licensed, permitted, and inspected by the Indiana department of health or a local board of health.

(b) This section applies only to a city, town, or county that requires a building permit, plan review, or inspection for the construction of a Class 2 structure.

(c) As used in this section, "Class 2 structure" has the meaning set forth in IC 22-12-1-5.

(d) A city, town, or county shall allow the plan review or inspection to be conducted by the following:

(1) An individual who is employed by the city, town, or county as a building inspector.

(2) An individual who is employed by another city, town, or county as a building inspector.

(3) A private provider who is:

(A) an architect registered under IC 25-4-1;

(B) a professional engineer registered under IC 25-31-1; or

(C) a certified building official (as defined in IC 36-7-2.5-4).

(e) An applicant for a building permit may choose to have a private provider under subsection (d)(3) conduct the plan review or inspection as provided in IC 36-7-2.5.

As added by P.L.157-2024, SEC.8. Amended by P.L.146-2025, SEC.3; P.L.23-2026, SEC.288.
Ind. Code § 36-1-15-7 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-7
Permitted excess of debt limitation
Status: in_force

Sec. 7. A political subdivision may incur debt that exceeds the maximum amount allowed under section 6 of this chapter as necessary for the public protection and defense only:

(1) in time of war, foreign invasion, or other great public calamity; and

(2) upon petition of a majority of the property owners in number and value within the limits of the political subdivision.

The amount of the excess may not be greater than the amount specified in the petition.

As added by P.L.6-1997, SEC.203.
Ind. Code § 36-10-16-35 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-35
Tax exempt; exception
Status: in_force

Sec. 35. (a) All:

(1) property owned by the commission or lease interest of the commission; and

(2) revenue of the commission;

are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.

(b) A contractor may issue an exemption certificate under IC 6-2.5-8-8 to a vendor when purchasing tangible personal property to be incorporated into real property on land owned or leased by the commission located in the district.

(c) All securities issued under this chapter are exempt from the registration requirements of IC 23-19 and other securities registration statutes.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-9-3-11 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-11
Executive director
Status: in_force

Sec. 11. The board shall appoint a qualified person to be executive director of the authority. The executive director is the chief executive officer of the authority.

[Pre-Local Government Recodification Citation: 19-5-2.5-8.]

As added by Acts 1981, P.L.309, SEC.76.
Ind. Code § 36-7-11.1-5 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-5
Powers and duties of commission
Status: in_force

Sec. 5. (a) The commission may do the following:

(1) Acquire by purchase, gift, grant, bequest, devise, or lease any real or personal property needed for carrying out any of the purposes of this commission. Title to or interest in any real property acquired or held by the commission must be in the name of the consolidated city for the use and benefit of the commission.

(2) Hold, use, sell, lease, rent, or otherwise dispose of any property acquired for use in the carrying out of any of the purposes of the commission at public or private sale and on terms and conditions as the commission considers best, notwithstanding any other law.

(3) Preserve and restore areas and structures of historic or architectural significance.

(4) Conduct research and prepare a countywide comprehensive survey and inventory, and review and evaluate areas, structures, and sites of historic importance in the county for use by planning agencies and governmental officials.

(5) Identify by declaratory resolution areas, structures, and sites in the county having historic or architectural significance, and prepare historic preservation plans for them. The commission may prepare proposed historic district zoning classifications, including proposals for controlling the use and development of any historic area or areas, including standards and restrictions regarding permitted uses, and development, performance, and maintenance standards for public and private structures and sites, and prepare criteria and architectural standards of historical significance.

(6) Submit proposed historic preservation plans to the metropolitan development commission for consideration for adoption as a segment of the comprehensive plan of the county.

(7) After adoption of a historic preservation plan, assist in the plan's administration and implementation, including the issuance of permits and licenses, together with other governmental agencies, and hear and determine applications for certificates of appropriateness as provided in this chapter.

(8) Manage and operate historic structures and areas for any purpose consistent with the applicable historic preservation plan, authorize necessary agents and employees to convey or lease any properties for any purpose or use to further the plan, and do all necessary acts and things incidental to operations, management, and leasing, including charging reasonable admission fees to any of these properties.

(9) Assist other governmental agencies regarding historic preservation, including the development of a state preservation plan as the plan relates to the county, and work with other governmental agencies in the development and carrying out of plans to preserve, restore, and rehabilitate any historic area, including the elimination of blight and deterioration, the demolition and removal of unsafe, unhealthful structures, and the repair and appropriate alteration of structures.

(10) Acquire any properties, structures, or sites for any purpose of the commission by conveyance from the redevelopment commission or from any other person or governmental agency, upon such terms and conditions, and with or without compensation, as may be agreed upon.

(11) Establish and maintain a register of historic properties in the county.

(12) Make any recommendation and reports the commission considers appropriate to the executive of the consolidated city, metropolitan development commission, or other governmental agency concerning historic preservation in the county.

(13) Prepare, publish, present, or distribute, with or without charge, any information, reports, graphic or audiovisual presentations, documents, or other materials relative to historic preservation.

(14) Conduct, attend, or participate in any conferences, presentations, seminars, or programs regarding historic preservation.

(15) Encourage and promote historic preservation, particularly preservation by private means, provide technical assistance to local preservation or historical associations, individuals, or groups, in accordance with the historic preservation plan, and recognize excellence in historic preservation efforts by awarding citations.

(16) Establish citizens advisory councils or special committees regarding historic preservation.

(17) Prescribe the duties and qualifications of its administrator and other staff in accordance with section 4 of this chapter.

(18) Contract with architects, engineers, attorneys, urban planners, or any other consultants in connection with any purpose of the commission, such as the conducting of a survey of historic properties, preparation of proposed plans, ordinances, reports, surveys, drawings, maps of historic areas, or any other project provided in this chapter.

(19) Appoint a hearing officer (who may be a commission member, a member of the staff, or any other person) to hear and determine, on behalf of the commission, applications for certificates of appropriateness.

(20) Prepare and submit an annual budget in the manner prescribed by section 4 of this chapter.

(21) Participate, in conjunction with the consolidated city, in a retirement system for commission employees.

(22) Accept or contract with the consolidated city or with other persons for the furnishing of professional staff or any other services, office facilities, equipment, and supplies to the extent and for compensation as may be agreed upon, with or without compensation, and to receive and expend any funds, grants, or gifts for carrying out any function of the commission under this chapter.

(23) Enter into and carry out contracts with federal or state agencies, subject to the approval of the city executive, regarding grants of financial or other assistance to the county, city, or commission, accept and expend grant money or other assistance, and enter into and carry out contracts with other persons or governmental agencies for any purpose of the commission.

(24) Exercise the powers of a board of zoning appeals in a historic area or historic zoning district, if authorized by a zoning ordinance adopted under IC 36-7-4.

(25) Conduct public hearings required to be held by the metropolitan development commission under the 600 series of IC 36-7-4 relative to territory included in a historic area or historic zoning district, if designated by the metropolitan development commission.

(b) The commission shall provide technical services and advice about historic preservation to the consolidated city when necessary or useful in connection with the planning, development, or redevelopment of the county.

(c) This subsection applies to the sale or disposal of real property by the commission. If the property is sold by acceptance of bids, a bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(1) beneficiary of the trust; and

(2) settlor empowered to revoke or modify the trust.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.336-1989(ss), SEC.49; P.L.321-1995, SEC.6.
Ind. Code § 36-9-6.5-6 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-6
Hearing and approval of project
Status: in_force

Sec. 6. At or before the time fixed for the hearing designated in the notice published under section 5 of this chapter, any person interested in or who will be affected by the proposed project may file with the department a written remonstrance against the proposed project, in whole or in part. At the hearing, which may be adjourned from time to time, the board:

(1) shall hear all persons who are interested in the proceedings;

(2) shall finally determine whether or not the proposed project, in whole or in any part, is necessary for the general welfare of the persons residing within the district and will be of public utility and benefit to the property in the district; and

(3) may confirm, modify, or rescind the resolution.

The decision shall be entered in the records of the department.

As added by Acts 1982, P.L.77, SEC.12.
Ind. Code § 36-9-13-41 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-41
Dissolution of authority
Status: in_force

Sec. 41. (a) This section does not apply to a county having a consolidated city.

(b) The county fiscal body and the municipal fiscal body of the county seat may by concurrent resolution dissolve a building authority. They may consider dissolving the building authority at any time, but they shall consider dissolving the building authority when they are presented with a petition signed by twenty percent (20%) of the registered voters residing in the county or thirty-five percent (35%) of the registered voters residing in the county seat.

(c) The concurrent resolution must provide a plan for paying any obligations, including bonds, of the building authority and for the disposition of the funds and property of the building authority.

[Pre-Local Government Recodification Citation: 19-8-4-26.6.]

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-8-4-1 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all cities.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.53.
Ind. Code § 36-8-2.2-8 — Indiana Code / Title 36 / Article 8 / Chapter 2.2 / Section 36-8-2.2-8
Rights provided by contract or other law
Status: in_force

Sec. 8. The rights of a firefighter provided by this chapter are in addition to and do not abridge, diminish, or cancel the rights and privileges of a firefighter that are provided under contract or any other law.

As added by P.L.140-2017, SEC.1.
Ind. Code § 36-4-6-22 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-22
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]

As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.
Ind. Code § 36-7.5-4.5-8 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-8
"Gross retail tax increment revenue"
Status: in_force

Sec. 8. As used in this chapter, "gross retail tax increment revenue" means the remainder of:

(1) the aggregate amount of state gross retail taxes that are remitted under IC 6-2.5 by retail merchants during a calendar year with respect to the retail merchants' operations in the district; minus

(2) the gross retail tax base period amount.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-9-13-8 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-8
Trustees; failure to qualify; vacancies
Status: in_force

Sec. 8. If a person appointed as a trustee:

(1) fails to qualify within ten (10) days after notice of the trustee's appointment is mailed to the trustee; or

(2) qualifies but then dies, resigns, vacates the trustee's office because the trustee is no longer a resident of the county, or is removed from office under section 18 of this chapter;

a new trustee shall be appointed by the same appointing authority for the remainder of the vacated term.

[Pre-Local Government Recodification Citation: 19-8-4-3 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.127-2017, SEC.303.
Ind. Code § 36-9-28.7-2 — Indiana Code / Title 36 / Article 9 / Chapter 28.7 / Section 36-9-28.7-2
"Channel"
Status: in_force

Sec. 2. As used in this chapter, "channel" means a part of a natural watercourse or artificial conveyance that:

(1) periodically or continuously contains moving water; and

(2) has a defined bed and banks that serve to confine the water.

As added by P.L.125-2011, SEC.3.
Ind. Code § 36-4-9-3 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-3
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-6-4 part.]

As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1981, P.L.17, SEC.29(b).
Ind. Code § 36-2-18-1 — Indiana Code / Title 36 / Article 2 / Chapter 18 / Section 36-2-18-1
Duty of county highway department
Status: in_force

Sec. 1. Each county highway department shall control detrimental plants (as defined in IC 15-16-8-1), and noxious weeds as required by law.

As added by P.L.86-1988, SEC.225. Amended by P.L.2-2008, SEC.81.
Ind. Code § 36-11-5-1 — Indiana Code / Title 36 / Article 11 / Chapter 5 / Section 36-11-5-1
District rights, powers, and duties
Status: in_force

Sec. 1. Upon establishment of the district, the district may exercise all the rights, powers, and duties conferred upon the district by this article.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-9-36-45 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-45
Bonds; date; tax exemption
Status: in_force

Sec. 45. (a) This section applies only to municipalities.

(b) Bonds issued in anticipation of the collection of assessments for an improvement must bear the date of the completion of the improvement under the contract and the acceptance of the improvement by the works board. The bonds draw interest from that date.

(c) The bonds are exempt from taxation for all purposes.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-10-12-5 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-5
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17-1.]

As added by P.L.1-2005, SEC.47. Repealed by P.L.233-2015, SEC.342.
Ind. Code § 36-10-10-26 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-26
Liquidation; procedure
Status: in_force

Sec. 26. An authority may be liquidated after redemption of all of its securities, payment of all of its debts, and termination of all of its leases if the board files a report with the judge of the circuit court, superior court, or probate court showing those facts and stating that liquidation would be in the best public interest. If the court finds those facts to be true, it shall make an order book entry ordering the authority liquidated.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.84-2016, SEC.198.
Ind. Code § 36-7-18-9 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-9
Commissioners; removal from office
Status: in_force

Sec. 9. (a) A commissioner of a housing authority may be removed for inefficiency, neglect of duty, or misconduct in office, by:

(1) the city executive, for a city housing authority;

(2) the town fiscal body, for a town housing authority; or

(3) the county fiscal body, for a county housing authority.

(b) A commissioner may be removed under subsection (a) only if the commissioner was given a copy of the charges at least ten (10) days before a hearing on the charges and had an opportunity to be heard in person or by counsel. In a city, the fiscal body shall appoint the hearing officer for the hearing, which may not be the city executive when the city executive is the person bringing the charges. The commissioner against whom the charges are made may require that the hearing be open to the public. After the removal of a commissioner, a record of the proceedings, together with the charges and findings, shall be filed in the office of the clerk of the fiscal body of the unit.

[Pre-Local Government Recodification Citations: 18-4-8-5 part; 18-7-11-7.]

As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981, P.L.313, SEC.1; P.L.344-1987, SEC.4; P.L.127-2017, SEC.213.
Ind. Code § 36-5-3-6 — Indiana Code / Title 36 / Article 5 / Chapter 3 / Section 36-5-3-6
Waiver of compensation
Status: in_force

Sec. 6. (a) As used in this section, "compensation" means the total of all money paid to an elected town officer for performing duties as a town officer, regardless of the source of funds from which the money is paid. The term includes all employee benefits paid to a town officer, including life insurance, health insurance, disability insurance, retirement benefits, and pension benefits.

(b) A town officer may waive the officer's compensation for any year by filing a notice that satisfies the following:

(1) The notice is in writing.

(2) The notice states in substance all of the following:

(A) The position held by the town officer.

(B) The calendar year covered by the notice.

(C) That the town officer waives compensation under this section.

(D) That the town officer understands that the notice is irrevocable beginning January 1 of the year covered by the notice.

(3) The notice is signed by the town officer who wants to waive compensation.

(c) A town officer who wants to waive compensation under this section must file the notice with the town clerk-treasurer before January 1 of the year covered by the notice.

(d) A notice filed under this section is irrevocable beginning January 1 of the year covered by the notice.

(e) A town officer who files a notice under this section:

(1) is not entitled to compensation for duties performed in the year covered by the notice; and

(2) may not be paid compensation for duties performed in the year covered by the notice.

As added by P.L.67-2001, SEC.1.
Ind. Code § 36-9-24-8 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-8
Notice of signing of lease contract; petitions, notice, and hearing concerning objections to lease rental
Status: in_force

Sec. 8. (a) When a municipal legislative body authorizes the execution of a lease under section 7 of this chapter, notice of the signing of the contract shall be given by publication in the manner prescribed by section 7 of this chapter. Within thirty (30) days after publication of the notice, fifty (50) or more of the:

(1) users in the municipality served by the municipally owned sewage works; or

(2) users served by the facilities to be leased;

may file with the utility regulatory commission (if the lessor is leasing facilities under section 3(a) of this chapter), or with the circuit or superior court of the county where the facility is located (if the lessor is leasing facilities under section 3(b) of this chapter), a petition setting forth their objections to the lease rental, including facts showing that the lease rental is not fair and reasonable.

(b) On receipt of the petition, the commission or the court shall fix a time and place for a hearing on whether the lease rental is fair and reasonable. The hearing may not be less than twenty (20) nor more than sixty (60) days after the commission's or the court's receipt of the petition. At least ten (10) days before the date of the hearing, the commission or the court shall mail notice of the hearing to:

(1) the municipal executive;

(2) the municipality; and

(3) the first ten (10) petitioners listed on the petition, at their usual place of residence.

(c) The decision of the commission or the court as to whether the lease rental is fair and reasonable is final.

[Pre-Local Government Recodification Citation: 19-2-5.5-7.]

As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.23-1988, SEC.126; P.L.186-1988, SEC.5.
Ind. Code § 36-10-6-2 — Indiana Code / Title 36 / Article 10 / Chapter 6 / Section 36-10-6-2
Establishment of area park district; procedure; powers of board; withdrawal from district
Status: in_force

Sec. 2. (a) This section applies to all counties.

(b) As used in this section, "board" refers to an area park board established under this chapter.

(c) As used in this section, "district" refers to an area park district established under this chapter.

(d) Two (2) or more counties may establish an area park district for the purposes of establishing, owning, maintaining, and controlling one (1) or more public parks for the use and benefit of the residents of those counties. To establish a district, the legislative body of each county desiring to join shall adopt substantially identical ordinances indicating this intention. Before the ordinances take effect, they must be published in their respective counties in accordance with IC 5-3-1. Within ten (10) days after the publication of the ordinance, the auditor of each county shall file a certified copy of the ordinance with the auditor of each of the other counties involved. When the ordinances have been adopted and filed by all the counties joining, the district is considered established. All of the territory of the counties joining comprises the district.

(e) Within ten (10) days after the publication of the ordinance, any registered voter may notify the legislative body of the voter's intent to file a remonstrance petition. Within sixty (60) days after this notice, petitions for and against the county's joining in the proposed district may be filed with the legislative body. The petitions must be signed and acknowledged by registered voters of the county. The petition that contains the greater number of signatures prevails.

(f) Within thirty (30) days after the establishment of the district, the legislative body of each county joining shall appoint members to the area park board. Each county may appoint one (1) member to the board. In addition, each county may appoint an additional member for each fifty thousand (50,000) residents or fraction thereof of that county's population. Each member must be a resident of the county from which the member is appointed, and at least one (1) member from each county must be an elected official of that county. Members serve for terms of four (4) years and may be reappointed. An individual who is appointed a member serves at the pleasure of the county legislative body as long as the county legislative body retains the same members who served on the body when the individual was appointed. Vacancies shall be filled by the appointing authority for the unexpired term of the vacating member.

(g) The board shall meet within thirty (30) days after the appointment of all members. Notice of the meeting shall be given by the auditor of the county that passed the first ordinance to establish the district. At the meeting the board shall elect one (1) of its members chair and one (1) secretary and shall adopt rules of order that it considers necessary. The board shall then meet at times and places that it determines. Members serve on the board without compensation. However, all members except the elected official members are entitled to receive a per diem and mileage for time spent in the performance of their duties.

(h) Except as provided in subsection (i), the board has all of the powers of a board under IC 36-10-3 except the power of eminent domain.

(i) The board may levy a tax for the establishment, purchase, maintenance, and control of the parks established and controlled by the board, but the tax may not exceed one and sixty-seven hundredths cents ($0.0167) for each one hundred dollars ($100) of assessed valuation of property in the district. When the board determines the rate of the levy, the board shall certify it to each county auditor. The levy shall then be placed upon the tax duplicate of each county in the district, and the tax shall be collected in the same manner as other taxes are collected. All money received for the district shall be paid into the treasury of the county with the greatest population. The money shall be deposited and kept as other public funds are deposited and kept, and interest earned on the money shall be credited to the area park fund. Money may be paid out by the treasurer only upon the written order of the board.

(j) A county may withdraw from a district only upon a two-thirds (2/3) vote of its legislative body. If a county decides to withdraw from a district, the date of withdrawal must be effective on January 1 of a year at least one (1) year after the date upon which the county voted to withdraw.

[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 19-7-5.5-1 part; Part new; subsection (c) formerly 19-7-5.5-1 part; Part new; subsection (d) formerly 19-7-5.5-2; 19-7-5.5-3(a), (b); subsection (e) formerly 19-7-5.5-3(c); subsection (f) formerly 19-7-5.5-4; subsection (g) formerly 19-7-5.5-5; subsection (h) formerly 19-7-5.5-6(a), (c); subsection (i) formerly 19-7-5.5-6(b); subsection (j) formerly 19-7-5.5-7.]

As added by Acts 1981, P.L.309, SEC.113. Amended by Acts 1981, P.L.45, SEC.102; P.L.213-1986, SEC.10; P.L.6-1997, SEC.234; P.L.127-2017, SEC.385; P.L.40-2026, SEC.29.
Ind. Code § 36-10-16-27 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-27
Annual reporting requirement
Status: in_force

Sec. 27. The commission shall before April 1 of each year issue a report to the legislative council, budget committee, and the legislative body and executive of the eligible county and the eligible city concerning the operations and activities of the commission during the preceding calendar year. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-2-6.5-1 — Indiana Code / Title 36 / Article 2 / Chapter 6.5 / Section 36-2-6.5-1
Application
Status: in_force

Sec. 1. This chapter applies to a county having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000) and that has not more than one (1) school corporation.

As added by P.L.232-2025, SEC.31.
Ind. Code § 36-4-8-9 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-9
Vacation leave; compensation
Status: in_force

Sec. 9. (a) One (1) to three (3) days before the vacation leave period of a city officer or employee begins, the city may pay the officer or employee the amount of compensation the officer or employee will earn while on vacation leave.

(b) Compensation for services paid to a salaried city officer or employee pursuant to a fixed schedule set forth in a written contract or salary ordinance shall not be construed as having been paid in advance. Under such an arrangement, the city shall maintain records to verify that actual work is performed for all salary paid.

[Pre-Local Government Recodification Citation: 5-7-3-2 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.37-1986, SEC.2; P.L.127-2017, SEC.135.
Ind. Code § 36-10-9.1-9 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-9
Bylaws and rules
Status: in_force

Sec. 9. The board may adopt such bylaws and rules as it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-7-14-22.7 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-22.7
Disposal of real property; appraisal
Status: in_force

Sec. 22.7. (a) The commission may dispose of real property to which section 22.5 of this chapter applies by following the procedure set forth in this section.

(b) The commission shall first have the property appraised by two (2) appraisers. The appraisers must be:

(1) persons who are professionally engaged in making appraisals;

(2) persons who are licensed under IC 25-34.1; or

(3) employees of the political subdivision familiar with the value of the property.

The appraisers shall make a joint appraisal of the property.

(c) The commission may:

(1) negotiate a sale or transfer; and

(2) dispose of the property;

at a value that is not less than the appraised value determined under subsection (b).

(d) Disposal of real property under this section is subject to the approval of the commission. The commission may not approve a disposal of property without conducting a public hearing after giving notice under IC 5-3-1.

(e) In addition to any other reason for disapproving a disposal of property under this section, the commission may disapprove a sale of a tract of residential property to any bidder who does not by affidavit declare that the bidder will reside on that property for at least one (1) year after the bidder obtains possession of the property.

As added by P.L.169-2006, SEC.72. Amended by P.L.174-2022, SEC.70.
Ind. Code § 36-9-27-22 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-22
Construction, reconstruction, or maintenance of municipal drains flowing into regulated drains; procedure
Status: in_force

Sec. 22. (a) A municipality acting under a statute other than this chapter may not construct, reconstruct, or maintain a drain that:

(1) is located partly or wholly within the corporate boundaries of the municipality; and

(2) will flow directly or indirectly into a regulated drain that is subject to this chapter;

without the written approval of the board.

(b) The municipality shall file with the board a written request for consent to use the regulated drain as an outlet, subject to this chapter. The request must be accompanied by:

(1) the plans and specifications for the proposed construction, and reconstruction, or maintenance; and

(2) an estimate by the municipal civil engineer, or another qualified person, of the amount of water that will be discharged into the regulated drain as a result of the proposed construction, reconstruction, or maintenance.

(c) The board shall refer the request for consent to the county surveyor, who shall determine whether the regulated drain is adequate to handle the additional flow of water, if any, that would result from the construction, reconstruction, or maintenance proposed by the municipality. If the surveyor finds that the regulated drain is adequate to handle the additional flow of water, the surveyor shall make a written report of that fact to the board, which shall issue its order consenting to the construction, reconstruction, or maintenance by the municipality. If the surveyor finds that the regulated drain is not adequate, the surveyor shall:

(1) prepare a preliminary plan for the reconstruction of the regulated drain so that it will be adequate to handle the additional flow of water;

(2) estimate the total cost of the reconstruction;

(3) file the plan and estimate with the board; and

(4) serve a copy of the plan and estimate on the municipality.

(d) If the municipality binds itself by resolution to pay the cost of the reconstruction of the regulated drain, the county surveyor shall prepare final plans and specifications for the work, reestimate the cost of the work except for damages to affected land, and file the plans and estimate with the board. The board shall determine the amount of damages sustained by any owner as a result of the reconstruction of the regulated drain and shall serve upon each owner a notice:

(1) describing the owner's lands;

(2) stating the amount of each owner's damages;

(3) explaining the injury upon which the determination was based; and

(4) stating the date, time, and place of a hearing by the board on objections to the amount of damages.

The notice shall be served and the hearing held in accordance with sections 49 through 52 of this chapter.

(e) The board shall add the damages to affected land to the county surveyor's reestimation of the costs of the reconstruction and shall certify that amount to the municipality. When the municipality pays the amount certified by the board into the office of the county treasurer for the use of the board in the reconstruction of the regulated drain, the board shall issue an order consenting to the use of the regulated drain by the municipality and shall proceed with the reconstruction of the regulated drain in accordance with the plans and specifications of the surveyor.

(f) After the contracts for the reconstruction are let in accordance with sections 77 through 79.1 of this chapter, the board shall compute the actual cost of the reconstruction. If the actual cost is less than the estimated cost, the excess shall be returned to the municipality on certification by the board to the county auditor of the amount to be returned. If the actual cost of the reconstruction is more than the estimated cost, the board shall certify that fact to the municipality, which shall immediately pay the difference into the office of the country treasurer.

(g) When the board consents to a request made by a municipality under subsection (b), the board shall fix the annual assessment against the municipality for the periodic maintenance of the regulated drain in accordance with sections 38 through 43 of this chapter.

(h) This section does not prohibit a municipality from petitioning the board for the construction of a new regulated drain under sections 54 through 65 of this chapter.

[Pre-Local Government Recodification Citation: 19-4-5-5.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.42-2011, SEC.86.
Ind. Code § 36-7-1-10 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-10
"Metropolitan development commission"
Status: in_force

Sec. 10. "Metropolitan development commission" means the plan commission established by IC 36-7-4-202(c) for a county having a consolidated city. The term does not include a metropolitan plan commission established under IC 36-7-4-202(a).

As added by Acts 1981, P.L.309, SEC.10.
Ind. Code § 36-4-3-7.2 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-7.2
Effective date of certain annexations involving fire protection districts
Status: in_force

Sec. 7.2. (a) This section applies to an annexation that satisfies all of the following:

(1) The annexation ordinance is adopted after December 31, 2020.

(2) The annexation is initiated by property owners under section 5.1 of this chapter in which all property owners within the annexation territory petition the municipality to be annexed.

(3) All or part of the annexation territory is within a fire protection district that was established after July 1, 1987.

(4) At least a majority of the members of the board of trustees of the fire protection district adopt a resolution consenting to the annexation.

(5) The portion of the annexation territory located within the fire protection district constitutes less than three percent (3%) of the total net assessed value (as determined by the county auditor) of the fire protection district on the date the annexation ordinance is adopted.

(b) Section 7(b) and 7(d) of this chapter apply to an annexation under this section.

(c) Section 7(a), 7(c), 7(e), and 7(f) of this chapter do not apply to an annexation under this section.

(d) After an annexation ordinance is adopted, the ordinance must be published in the manner prescribed by IC 5-3-1. In the absence of an appeal under section 15.5 of this chapter, the annexation ordinance takes effect at least thirty (30) days after its publication and upon the filing required by section 22(a) of this chapter.

As added by P.L.23-2022, SEC.2. Amended by P.L.1-2025, SEC.236.
Ind. Code § 36-5-2-4 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-4
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-3-1-11 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.13. Repealed by Acts 1980, P.L.2, SEC.20.
Ind. Code § 36-2-12-13 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-13
Corner and HARN monuments; temporary removal; change of location; reimbursement for repair or replacement
Status: in_force

Sec. 13. (a) A person may, for excavation, mineral extraction, or other purposes related to the person's business, temporarily remove a monument marking a corner. The person must notify in writing the county surveyor at least thirty (30) days before removing the monument. The person must replace the monument within a reasonable time at the person's expense under the supervision of the county surveyor or, if the county surveyor is not registered under IC 25-21.5 or IC 25-31, the registered person who is selected under section 11 of this chapter. The surveyor shall file a copy of the notice in the corner record book.

(b) Only a county surveyor or a designee may change the location of any monument. A person who wishes to have the location of a monument changed must make a request to the surveyor in writing and furnish written approval of all landowners whose property is affected by the proposed change. The surveyor may approve, reject, or modify the request and shall file a copy of the notice and the landowners' consents in the corner record book.

(c) When, in the construction or maintenance of a state, county, or municipal road or street, it is necessary to remove or bury a monument marking a corner, the owner of the public right-of-way shall notify the county surveyor in writing at least fifteen (15) days before commencing the work.

(d) A county legislative body may adopt an ordinance:

(1) prohibiting a person from moving, changing, or otherwise altering a monument marking a corner without complying with this section; and

(2) prescribing a monetary penalty for a violation of the ordinance.

Any money collected shall be deposited in the county surveyor's corner perpetuation fund.

(e) A person who damages or removes a monument marking a corner or high accuracy reference network (HARN) point shall reimburse the county for the cost of repairing or replacing the monument.

(f) If a person who damages or removes a monument marking a corner violates an ordinance under subsection (d), the person is liable for:

(1) the amount of reimbursement under subsection (e); and

(2) any monetary penalty prescribed by the county legislative body for violation of the ordinance under subsection (d).

[Pre-Local Government Recodification Citation: 17-3-64-7.5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.343-1983, SEC.1; P.L.76-1989, SEC.3; P.L.2-1997, SEC.80; P.L.276-2001, SEC.6; P.L.90-2003, SEC.1.
Ind. Code § 36-7-32.5-12 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-12
Agreements; required provisions; conditions applicable to agreement for innovation development district located in existing allocation area; executive session; report
Status: in_force

Sec. 12. (a) If the corporation designates a territory within the jurisdiction of a city, town, or county, or within the jurisdiction of more than one (1) city, town, or county, as an innovation development district under section 9(b) or 9(c) of this chapter, the following apply:

(1) The executive, or, if applicable, the executives, and the corporation shall enter into an agreement establishing the terms and conditions governing the innovation development district in accordance with this section.

(2) If the executive, or, if applicable, the executives, and the corporation cannot enter into an agreement under subdivision (1), the designation of territory under section 9 of this chapter is no longer effective and the innovation development district may not be designated or otherwise established under this chapter.

(b) The agreement must include the following provisions:

(1) A description of the area, including a list of all parcels to be included within the innovation development district.

(2) Covenants and restrictions, if any, upon all or a part of the properties contained within the innovation development district and terms of enforcement of any covenants or restrictions.

(3) The due diligence and financial commitments of any party to the agreement and of any owner or developer of property within the innovation development district.

(4) The financial projections of the innovation development district.

(5) The proposed use of the:

(A) net increment; and

(B) incremental property tax amount described in section 14(d) of this chapter;

that is captured within the innovation development district, including the amount of any funds expected to be allocated to the business or businesses that are locating within the innovation development district as economic development incentives.

(6) The aggregate percentage of annual incremental property tax revenue that will be transferred to the city, town, county, or school corporation, or, if applicable, the cities, towns, counties, or school corporations, under section 19(e) of this chapter. The aggregate percentage transferred may not be less than twelve percent (12%) of the annual amount of incremental property tax revenue deposited in the local innovation development district fund established by section 19 of this chapter.

(7) Subject to the limitations of this chapter, the duration of the designation of an area as an innovation development district.

(8) The terms of enforcement of the agreement, which may include the definition of events of default, cure periods, legal and equitable remedies and rights, and penalties and damages, actual or liquidated, upon the occurrence of an event of default.

(9) The public facilities to be developed for the innovation development district and the estimated costs of those public facilities.

(c) If an innovation development district will include territory located in an existing allocation area described in section 10(b) of this chapter, the executive, or, if applicable, the executives, and the corporation shall enter into an agreement establishing the terms and conditions governing the innovation development district in accordance with this section. The agreement must include the following provisions:

(1) The provisions listed in subsection (b)(1) through (b)(9).

(2) A provision prohibiting the city, county, town, or other entity that established the applicable existing allocation area described in section 10(b) of this chapter from incurring any additional obligations that require a pledge of future incremental property tax revenue to be paid from the applicable existing allocation area described in section 10(b) of this chapter without first obtaining the consent of the corporation.

(3) A provision requiring the maintenance of all applicable property tax records for the parcel or parcels located within the innovation development district during the term of the innovation development district.

If the executive, or, if applicable, the executives, and the corporation cannot enter into an agreement under this subsection, the designation of territory under section 9 of this chapter is no longer effective and the innovation development district may not be designated or otherwise established under this chapter.

(d) An executive may discuss the terms of an agreement described in this section and hold a meeting as an executive session under IC 5-14-1.5-6.1 with:

(1) in the case of a city other than a consolidated city, the common council;

(2) in the case of a consolidated city, or a county having a consolidated city, the city-county council;

(3) in the case of a town, the town council; and

(4) in the case of a county that does not have a consolidated city, the board of county commissioners.

(e) Within fifteen (15) days of entering into an agreement under subsection (a), the corporation shall:

(1) submit a written report on the agreement to the budget committee; and

(2) provide notification of the designation to the department of state revenue and the department of local government finance.

(f) Neither an executive nor the corporation may exercise the power of eminent domain within an innovation development district.

As added by P.L.135-2022, SEC.28. Amended by P.L.123-2024, SEC.20; P.L.213-2025, SEC.312.
Ind. Code § 36-6-1.7-15 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-15
Meeting of township trustees
Status: in_force

Sec. 15. Not later than August 1, 2027, the county executive body shall conduct a public meeting of all township trustees within the county to discuss the merger.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-4-3-13 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-13
Remonstrances; hearing; order; requirements
Status: in_force

Sec. 13. (a) Except as provided in subsection (e), at the hearing under section 12 of this chapter, the court shall order a proposed annexation to take place if the following requirements are met:

(1) The requirements of either subsection (b) or (c).

(2) The requirements of subsection (d).

(3) The requirements of subsection (i).

(b) The requirements of this subsection are met if the evidence establishes the following:

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

(2) One (1) of the following:

(A) The resident population density of the territory sought to be annexed is at least three (3) persons per acre.

(B) Sixty percent (60%) of the territory is subdivided.

(C) The territory is zoned for commercial, business, or industrial uses.

(c) The requirements of this subsection are met if the evidence establishes one (1) of the following:

(1) That the territory sought to be annexed is:

(A) contiguous to the municipality as required by section 1.5 of this chapter, except that at least one-fourth (1/4), instead of one-eighth (1/8), of the aggregate external boundaries of the territory sought to be annexed must coincide with the boundaries of the municipality; and

(B) needed and can be used by the municipality for its development in the reasonably near future.

(2) This subdivision applies only to an annexation for which an annexation ordinance is adopted after December 31, 2016. That the territory sought to be annexed involves an economic development project and the requirements of section 11.4 of this chapter are met.

(3) The territory is described in section 5.2 of this chapter.

(d) The requirements of this subsection are met if the evidence establishes that the municipality has developed and adopted a written fiscal plan and has established a definite policy, by resolution of the legislative body as set forth in section 3.1 of this chapter. The fiscal plan must show the following:

(1) The cost estimates of planned services to be furnished to the territory to be annexed. The plan must present itemized estimated costs for each municipal department or agency.

(2) The method or methods of financing the planned services. The plan must explain how specific and detailed expenses will be funded and must indicate the taxes, grants, and other funding to be used.

(3) The plan for the organization and extension of services. The plan must detail the specific services that will be provided and the dates the services will begin.

(4) That planned services of a noncapital nature, including police protection, fire protection, street and road maintenance, and other noncapital services normally provided within the corporate boundaries, will be provided to the annexed territory within one (1) year after the effective date of annexation and that they will be provided in a manner equivalent in standard and scope to those noncapital services provided to areas within the corporate boundaries regardless of similar topography, patterns of land use, and population density.

(5) That services of a capital improvement nature, including street construction, street lighting, sewer facilities, water facilities, and storm water drainage facilities, will be provided to the annexed territory within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries, regardless of similar topography, patterns of land use, and population density, and in a manner consistent with federal, state, and local laws, procedures, and planning criteria.

(6) This subdivision applies to a fiscal plan prepared after June 30, 2015. The estimated effect of the proposed annexation on taxpayers in each of the political subdivisions to which the proposed annexation applies, including the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments in those political subdivisions for four (4) years after the effective date of the annexation.

(7) This subdivision applies to a fiscal plan prepared after June 30, 2015. The estimated effect the proposed annexation will have on municipal finances, specifically how municipal tax revenues will be affected by the annexation for four (4) years after the effective date of the annexation.

(8) This subdivision applies to a fiscal plan prepared after June 30, 2015. Any estimated effects on political subdivisions in the county that are not part of the annexation and on taxpayers located in those political subdivisions for four (4) years after the effective date of the annexation.

(9) This subdivision applies to a fiscal plan prepared after June 30, 2015. A list of all parcels of property in the annexation territory and the following information regarding each parcel:

(A) The name of the owner of the parcel.

(B) The parcel identification number.

(C) The most recent assessed value of the parcel.

(D) The existence of a known waiver of the right to remonstrate on the parcel. This clause applies only to a fiscal plan prepared after June 30, 2016.

(e) At the hearing under section 12 of this chapter, the court shall do the following:

(1) Consider evidence on the conditions listed in subdivision (2).

(2) Order a proposed annexation not to take place if the court finds that all of the following conditions that are applicable to the annexation exist in the territory proposed to be annexed:

(A) This clause applies only to an annexation for which an annexation ordinance was adopted before July 1, 2015. The following services are adequately furnished by a provider other than the municipality seeking the annexation:

(i) Police and fire protection.

(ii) Street and road maintenance.

(B) The annexation will have a significant financial impact on the residents or owners of land. The court may not consider:

(i) the personal finances; or

(ii) the business finances;

of a resident or owner of land. The personal and business financial records of the residents or owners of land, including state, federal, and local income tax returns, may not be subject to a subpoena or discovery proceedings.

(C) The annexation is not in the best interests of the owners of land in the territory proposed to be annexed as set forth in subsection (f).

(D) This clause applies only to an annexation for which an annexation ordinance is adopted before July 1, 2015. One (1) of the following opposes the annexation:

(i) At least sixty-five percent (65%) of the owners of land in the territory proposed to be annexed.

(ii) The owners of more than seventy-five percent (75%) in assessed valuation of the land in the territory proposed to be annexed.

Evidence of opposition may be expressed by any owner of land in the territory proposed to be annexed.

(E) This clause applies only to an annexation for which an annexation ordinance is adopted after June 30, 2015. One (1) of the following opposes the annexation:

(i) At least fifty-one percent (51%) of the owners of land in the territory proposed to be annexed.

(ii) The owners of more than sixty percent (60%) in assessed valuation of the land in the territory proposed to be annexed.

The remonstrance petitions filed with the court under section 11 of this chapter are evidence of the number of owners of land that oppose the annexation, minus any written revocations of remonstrances that are filed with the court under section 11 of this chapter.

(F) This clause applies only to an annexation for which an annexation ordinance is adopted before July 1, 2015. This clause applies only to an annexation in which eighty percent (80%) of the boundary of the territory proposed to be annexed is contiguous to the municipality and the territory consists of not more than one hundred (100) parcels. At least seventy-five percent (75%) of the owners of land in the territory proposed to be annexed oppose the annexation as determined under section 11(b) of this chapter.

(f) The municipality under subsection (e)(2)(C) bears the burden of proving that the annexation is in the best interests of the owners of land in the territory proposed to be annexed. In determining this issue, the court may consider whether the municipality has extended sewer or water services to the entire territory to be annexed:

(1) within the three (3) years preceding the date of the introduction of the annexation ordinance; or

(2) under a contract in lieu of annexation entered into under IC 36-4-3-21.

The court may not consider the provision of water services as a result of an order by the Indiana utility regulatory commission to constitute the provision of water services to the territory to be annexed.

(g) The most recent:

(1) federal decennial census;

(2) federal special census;

(3) special tabulation; or

(4) corrected population count;

shall be used as evidence of resident population density for purposes of subsection (b)(2)(A), but this evidence may be rebutted by other evidence of population density.

(h) A municipality that prepares a fiscal plan after June 30, 2015, must comply with this subsection. A municipality may not amend the fiscal plan after the date that a remonstrance is filed with the court under section 11 of this chapter, unless amendment of the fiscal plan is consented to by at least sixty-five percent (65%) of the persons who signed the remonstrance petition.

(i) The municipality must submit proof that the municipality has complied with:

(1) the outreach program requirements and notice requirements of section 1.7 of this chapter; and

(2) the requirements of section 11.1 of this chapter.

[Pre-Local Government Recodification Citations: 18-5-10-25 part; 18-5-10-32 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.11, SEC.161; Acts 1981, P.L.308, SEC.5; Acts 1982, P.L.33, SEC.22; P.L.56-1988, SEC.13; P.L.257-1993, SEC.3; P.L.4-1997, SEC.13; P.L.255-1997(ss), SEC.13; P.L.248-1999, SEC.7; P.L.217-1999, SEC.7; P.L.76-2001, SEC.2; P.L.170-2002, SEC.144; P.L.173-2003, SEC.24; P.L.97-2004, SEC.126; P.L.111-2005, SEC.7; P.L.119-2012, SEC.188; P.L.228-2015, SEC.19; P.L.206-2016, SEC.6; P.L.70-2022, SEC.8.
Ind. Code § 36-7-41-13 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-13
Local professional sports development fund
Status: in_force

Sec. 13. (a) The local professional sports development fund is created. The commission may make expenditures from the fund only to accomplish the purposes of this chapter.

(b) The fund consists of the following:

(1) Grants, gifts, and donations intended for deposit in the fund.

(2) Interest that accrues from money in the fund.

(3) Money from any other source deposited in the fund.

(c) The commission shall do the following:

(1) Hold the fund in the name of the commission.

(2) Administer the fund.

(3) Make all expenditures from the fund.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-8-8-7 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-7
Membership in fund; reemployment with participating employer
Status: in_force

Sec. 7. (a) Subject to IC 36-8-4.7 and except as provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m), a police officer or a firefighter who:

(1) is less than forty (40) years of age; and

(2) passes the baseline statewide physical and mental examinations required under section 19 of this chapter;

shall be a member of the 1977 fund and is not a member of the 1925 fund, the 1937 fund, or the 1953 fund.

(b) A police officer or firefighter with service before May 1, 1977, who is hired or rehired after April 30, 1977, may receive credit under this chapter for service as a police officer or firefighter prior to entry into the 1977 fund if the employer who rehires the police officer or firefighter chooses to contribute to the 1977 fund the amount necessary to amortize the police officer's or firefighter's prior service liability over a period of not more than thirty (30) years, the amount and the period to be determined by the system board. If the employer chooses to make the contributions, the police officer or firefighter is entitled to receive credit for the police officer's or firefighter's prior years of service without making contributions to the 1977 fund for that prior service. In no event may a police officer or firefighter receive credit for prior years of service if the police officer or firefighter is receiving a benefit or is entitled to receive a benefit in the future from any other public pension plan with respect to the prior years of service.

(c) Except as provided in section 18 of this chapter, a police officer or firefighter is entitled to credit for all years of service after April 30, 1977, with the police or fire department of an employer covered by this chapter.

(d) A police officer or firefighter with twenty (20) years of service does not become a member of the 1977 fund and is not covered by this chapter, if the police officer or firefighter:

(1) was hired before May 1, 1977;

(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981); and

(3) is rehired after April 30, 1977, by the same employer.

(e) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the police officer or firefighter:

(1) was hired before May 1, 1977;

(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981);

(3) was rehired after April 30, 1977, but before February 1, 1979; and

(4) was made, before February 1, 1979, a member of a 1925, 1937, or 1953 fund.

(f) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the police officer or firefighter:

(1) was hired by the police or fire department of a unit before May 1, 1977;

(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981);

(3) is rehired by the police or fire department of another unit after December 31, 1981; and

(4) is made, by the fiscal body of the other unit after December 31, 1981, a member of a 1925, 1937, or 1953 fund of the other unit.

If the police officer or firefighter is made a member of a 1925, 1937, or 1953 fund, the police officer or firefighter is entitled to receive credit for all the police officer's or firefighter's years of service, including years before January 1, 1982.

(g) As used in this subsection, "emergency medical services" and "emergency medical technician" have the meanings set forth in IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:

(1) is employed by a unit that is participating in the 1977 fund;

(2) was employed as an emergency medical technician by a political subdivision wholly or partially within the department's jurisdiction;

(3) was a member of the public employees' retirement fund during the employment described in subdivision (2); and

(4) ceased employment with the political subdivision and was hired by the unit's fire department due to the reorganization of emergency medical services within the department's jurisdiction;

shall participate in the 1977 fund. A firefighter who participates in the 1977 fund under this subsection is subject to sections 18 and 21 of this chapter.

(h) A police officer or firefighter does not become a member of the 1977 fund and is not covered by this chapter if the individual was appointed as:

(1) a fire chief under a waiver under IC 36-8-4-6(c); or

(2) a police chief under a waiver under IC 36-8-4-6.5(c);

unless the executive of the unit requests that the 1977 fund accept the individual in the 1977 fund and the individual previously was a member of the 1977 fund.

(i) A police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996, is a member of the 1977 fund.

(j) A park ranger who:

(1) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;

(2) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and

(3) is employed by the parks department of a city having a population of more than one hundred ten thousand (110,000) and less than one hundred fifty thousand (150,000);

is a member of the fund.

(k) Notwithstanding any other provision of this chapter, a police officer or firefighter:

(1) who is a member of the 1977 fund before a consolidation under IC 36-3-1-5.1 or IC 36-3-1-6.1;

(2) whose employer is consolidated into the consolidated law enforcement department or the fire department of a consolidated city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and

(3) who, after the consolidation, becomes an employee of the consolidated law enforcement department or the consolidated fire department under IC 36-3-1-5.1 or IC 36-3-1-6.1;

is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter.

(l) Notwithstanding any other provision of this chapter, if:

(1) before a consolidation under IC 8-22-3-11.6, a police officer or firefighter provides law enforcement services or fire protection services for an entity in a consolidated city;

(2) the provision of those services is consolidated into the law enforcement department or fire department of a consolidated city; and

(3) after the consolidation, the police officer or firefighter becomes an employee of the consolidated law enforcement department or the consolidated fire department under IC 8-22-3-11.6;

the police officer or firefighter is a member of the 1977 fund without meeting the requirements under sections 19 and 21 of this chapter.

(m) A police officer or firefighter who is a member of the 1977 fund under subsection (k) or (l) may not be:

(1) retired for purposes of section 10 of this chapter; or

(2) disabled for purposes of section 12 of this chapter;

solely because of a change in employer under the consolidation.

(n) Notwithstanding any other provision of this chapter and subject to subsection (o), a police officer or firefighter who:

(1) is an active member of the 1977 fund with an employer that participates in the 1977 fund;

(2) separates from that employer; and

(3) not later than one hundred eighty (180) days after the date of the separation described in subdivision (2), becomes employed as a full-time police officer or firefighter with the same or a second employer that participates in the 1977 fund;

is a member of the 1977 fund without meeting for a second time the age limitation under subsection (a) and the requirements under sections 19 and 21 of this chapter. A police officer or firefighter to whom this subsection applies is entitled to receive credit for all years of 1977 fund covered service as a police officer or firefighter with all employers that participate in the 1977 fund.

(o) The one hundred eighty (180) day limitation described in subsection (n)(3) does not apply to a member of the 1977 fund who is eligible for reinstatement under IC 36-8-4-11.

(p) Notwithstanding any other provision of this chapter, a veteran who is:

(1) described in IC 36-8-4.7; and

(2) employed as a firefighter or police officer;

is a member of the 1977 fund.

(q) Notwithstanding any other provision of this chapter and except as provided in subsection (o), a police officer or firefighter who:

(1) is an active member of the 1977 fund with an employer that participates in the 1977 fund;

(2) separates from that employer; and

(3) more than one hundred eighty (180) days after the date of the separation described in subdivision (2), becomes employed as a full-time police officer or firefighter with the same or a second employer that participates in the 1977 fund;

is a member of the 1977 fund without meeting the age limitation under subsection (a) provided the member can accrue twenty (20) years of service credit in the 1977 fund by the time the firefighter becomes sixty (60) years of age. A police officer or firefighter who participates in the 1977 fund under this subsection must pass the baseline statewide physical and mental examination under section 19 of this chapter. A police officer or firefighter to whom this subsection applies is entitled to receive credit for all years of 1977 fund covered service as a police officer or firefighter with all employers that participate in the 1977 fund.

[Pre-Local Government Recodification Citations: 19-1-17.8-5 part; 19-1-36.5-5 part.]

As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.9; Acts 1982, P.L.33, SEC.40; P.L.365-1983, SEC.1; P.L.202-1984, SEC.1; P.L.38-1986, SEC.6; P.L.55-1987, SEC.5; P.L.3-1990, SEC.133; P.L.4-1990, SEC.18; P.L.4-1992, SEC.44; P.L.2-1993, SEC.204; P.L.213-1995, SEC.7; P.L.236-1996, SEC.7; P.L.43-1997, SEC.7; P.L.22-1998, SEC.17; P.L.246-2001, SEC.17; P.L.227-2005, SEC.48; P.L.1-2006, SEC.575; P.L.35-2012, SEC.119; P.L.119-2012, SEC.219; P.L.117-2013, SEC.1; P.L.111-2015, SEC.6; P.L.115-2016, SEC.5; P.L.27-2019, SEC.29; P.L.96-2020, SEC.8; P.L.85-2022, SEC.6; P.L.11-2023, SEC.126; P.L.102-2023, SEC.9.
Ind. Code § 36-8-25.5-2 — Indiana Code / Title 36 / Article 8 / Chapter 25.5 / Section 36-8-25.5-2
Task force established; purpose; members
Status: in_force

Sec. 2. (a) The Indiana crime guns task force is established. The task force shall be hosted by the Indianapolis metropolitan police department, which shall administratively support the task force.

(b) The purpose of the task force is to reduce violent crime and bring violent criminals to justice by delivering, in cooperation with state and federal officials, a uniform strategy to trace firearms used to commit crimes.

(c) The task force consists of:

(1) the executive board;

(2) an executive director;

(3) law enforcement officers assigned to the task force by a law enforcement agency located in the task force area; and

(4) other employees and staff, whether assigned to the task force by a law enforcement agency or employed directly by the task force.

As added by P.L.217-2021, SEC.2.
Ind. Code § 36-12-4-1 — Indiana Code / Title 36 / Article 12 / Chapter 4 / Section 36-12-4-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies only to Class 1 public libraries.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-4-1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-8-8.5-12 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-12
Calculation of retirement benefit
Status: in_force

Sec. 12. (a) The retirement benefit for a member who enters the DROP and retires on:

(1) the member's DROP retirement date; or

(2) the date the member retires because of a disability as provided under section 16.5(d) of this chapter;

is determined under this chapter rather than under the provisions of the applicable fund.

(b) A member who retires on the member's DROP retirement date or on the date the member retires because of a disability as provided under section 16.5(d) of this chapter may elect to receive a retirement benefit in one of the following forms:

(1) A retirement benefit paid by and calculated under the provisions of the applicable fund as if the member had never entered the DROP.

(2) A retirement benefit paid by the applicable fund and consisting of:

(A) the DROP frozen benefit; plus

(B) an additional amount, paid as the member elects under subsection (c), calculated by multiplying:

(i) the amount of the DROP frozen benefit; by

(ii) the number of months that the member was in the DROP.

(c) A member who chooses the retirement benefit described in subdivision (b)(2) must elect to receive the additional amount described in subdivision (b)(2)(B) as:

(1) a lump sum paid on:

(A) the member's DROP retirement date; or

(B) the date the member retires because of a disability as provided under section 16.5(d) of this chapter; or

(2) three (3) equal annual payments:

(A) commencing on:

(i) the member's DROP retirement date; or

(ii) the date the member retires because of a disability as provided under section 16.5(d) of this chapter; and

(B) thereafter paid on the anniversary of:

(i) the member's DROP retirement date; or

(ii) the date the member retires because of a disability as provided under section 16.5(d) of this chapter.

(d) In calculating a member's retirement benefit under this chapter, the applicable fund must use the lesser of:

(1) the member's actual years of service; or

(2) thirty-two (32) years of service.

(e) Except as provided under section 16.5(d) of this chapter, the retirement benefits for a member who exits the DROP for any reason other than retirement on the member's DROP retirement date are calculated under the provisions of the applicable fund as if the member had never entered the DROP.

As added by P.L.62-2002, SEC.5. Amended by P.L.148-2007, SEC.3.
Ind. Code § 36-7-11.3-55 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-55
Subdivision of primary property into lots
Status: in_force

Sec. 55. A parcel of primary property may not be subdivided into lots having:

(1) an area of less than fifteen thousand (15,000) square feet; or

(2) frontage of less than one hundred (100) feet upon the primary area or upon an east-west street intersecting with the primary area.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a) part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-9-36-14 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-14
Remonstrances and appeals
Status: in_force

Sec. 14. (a) A majority of the persons who own the property to be assessed for the improvement may remonstrate against the improvement or take an appeal. The remonstrance or appeal must be made not later than ten (10) days after the hearing under section 10 of this chapter.

(b) If there is a remonstrance, the improvement may not be made unless specifically ordered by an ordinance passed by a two-thirds (2/3) vote of the unit's legislative body. An ordinance under this subsection must be passed not later than sixty (60) days after the remonstrance is made.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-4-7-7 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-7
Report of estimates; ordinance fixing taxation rate; appropriation
Status: in_force

Sec. 7. (a) The fiscal officer shall present the report of budget estimates to the city legislative body under IC 6-1.1-17. After reviewing the report, the legislative body shall prepare an ordinance fixing the rate of taxation for the ensuing budget year and an ordinance making appropriations for the estimated department budgets and other city purposes during the ensuing budget year. The legislative body, in the appropriation ordinance, may reduce any estimated item from the figure submitted in the report of the fiscal officer, but it may increase an item only if the executive recommends an increase. The legislative body shall promptly act on the appropriation ordinance.

(b) In preparing the ordinances described in subsection (a) the legislative body shall make an allowance for the cost of fire protection to annexed territory described in IC 36-4-3-7(c), for the year fire protection is first offered to that territory.

[Pre-Local Government Recodification Citation: 18-1-6-6.5 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.341-1987, SEC.2; P.L.5-1989, SEC.104; P.L.104-2022, SEC.162.
Ind. Code § 36-3-4-14 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-14
Ordinance or resolution adoption; requirements
Status: in_force

Sec. 14. (a) An ordinance or resolution passed by a legislative body is considered adopted when it is:

(1) signed by the presiding officer; and

(2) if subject to veto, either approved by the executive or passed over the executive's veto by the legislative body, under section 16 of this chapter.

(b) All ordinances and resolutions of a legislative body are subject to veto, except the following:

(1) An ordinance or resolution, or part of either, providing for the budget or appropriating money for an office or officer of the county provided for by the Constitution of Indiana or for a judicial office or officer.

(2) An ordinance or resolution approving or modifying the budget of a political subdivision that the legislative body is permitted by statute to review.

(3) A resolution making an appointment that the legislative body is authorized to make.

(4) A resolution selecting officers or employees of the legislative body.

(5) A resolution prescribing rules for the internal management of the legislative body.

(6) A zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.

(c) 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 (d); or

(2) there is an urgent necessity requiring its immediate effectiveness, the executive proclaims the urgent necessity, and copies of the ordinance are posted in three (3) public places in the county.

(d) If a legislative body 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.

(e) Unless a legislative body provides in an ordinance or resolution for a later effective date, the ordinance or resolution takes effect when it is adopted, subject to subsections (c) and (d).

(f) Subsections (a), (c), (d), and (e) do not apply to zoning ordinances or amendments to zoning ordinances, or resolutions approving comprehensive plans, that are adopted under IC 36-7.

(g) Subject to subsection (k), the legislative body shall:

(1) subject to subsection (h), 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.

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

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

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

(k) The notice requirements of subsection (g) 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 (g) 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 Citations: subsection (a) formerly 18-4-5-2(d) part; subsection (b) formerly 18-4-5-2(c);subsection (c) formerly 18-4-5-2(f) part; subsection (d) formerly 18-4-5-2(f) part; 18-4-5-2(h) part; subsection (e) formerly 18-4-5-2(f) part; subsection (f) formerly 18-4-5-2(g).]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.335-1985, SEC.34; P.L.78-2009, SEC.24; P.L.159-2011, SEC.45.
Ind. Code § 36-1-21-8 — Indiana Code / Title 36 / Article 1 / Chapter 21 / Section 36-1-21-8
Budget or additional appropriations may not be approved
Status: in_force

Sec. 8. If a unit has not implemented a policy under this chapter, the department of local government finance may not approve:

(1) the unit's budget; or

(2) any additional appropriations for the unit;

for the ensuing calendar year until the state board of accounts certifies to the department of local government finance that the unit has adopted a policy under this chapter.

As added by P.L.135-2012, SEC.8.
Ind. Code § 36-2-13-16.3 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-16.3
Nonreverting county prisoner reimbursement funds; Ohio County
Status: in_force

Sec. 16.3. (a) If the county legislative body adopts an ordinance electing to implement section 15.3 of this chapter, the county legislative body shall establish a nonreverting county prisoner reimbursement fund.

(b) All amounts collected under section 15.3 of this chapter must be deposited in the county prisoner reimbursement fund.

(c) Any amount earned from the investment of amounts in the fund becomes part of the fund.

(d) Notwithstanding any other law, upon appropriation by the county fiscal body, amounts in the fund may be used by the county only for:

(1) operating, constructing, repairing, remodeling, enlarging, and equipping:

(A) a county jail; or

(B) a juvenile detention center to be operated under IC 31-31-8 or IC 31-31-9; or

(2) the costs of care, maintenance, and housing of prisoners, including the cost of housing prisoners in the facilities of another county.

As added by P.L.170-2001, SEC.2.
Ind. Code § 36-7-23-3 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-3
Repealed
Status: repealed

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.1-1990, SEC.365. Repealed by P.L.86-1999, SEC.21.