Ind. Code § 36-7-4-208 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-208
Membership of commission; county and metropolitan numbers
Status: in_force

Sec. 208. (a) ADVISORY. The county plan commission consists of nine (9) members, as follows:

(1) One (1) member appointed by the county executive from its membership.

(2) One (1) member appointed by the county fiscal body from its membership.

(3) The county surveyor or the county surveyor's designee. However, the county surveyor's designee must be a resident of the county to be eligible to serve on the county plan commission.

(4) The county agricultural extension educator. However, the county agricultural extension educator must be a resident of the county to serve under this subdivision. If:

(A) the county does not have a county agricultural extension educator; or

(B) the county agricultural extension educator is not a resident of the county;

the county extension board shall select a resident of the county who is a property owner with agricultural interest to serve on the commission under this subdivision for a period not to exceed one (1) year. In addition to the county resident selected by the county extension board to serve as a member of the commission, the county agricultural extension educator who is not a resident of the county shall serve the commission in a nonvoting advisory capacity.

(5) Five (5) members appointed in accordance with one (1) of the following:

(A) Four (4) citizen members, of whom no more than two (2) may be of the same political party. Each of the four (4) members must be:

(i) a resident of an unincorporated area of the county; or

(ii) a resident of the county who is also an owner of real property located in whole or in part in an unincorporated area of the county;

appointed by the county executive. However, at least two (2) of the citizen members must be residents of the unincorporated area of the county. Also one (1) township trustee, who must be a resident of an unincorporated area of the county appointed by the county executive upon the recommendation of the township trustees whose townships are within the jurisdiction of the county plan commission.

(B) Five (5) citizen members, of whom not more than three (3) may be of the same political party. Each of the five (5) members must be:

(i) a resident of an unincorporated area of the county; or

(ii) a resident of the county who is also an owner of real property located in whole or in part in an unincorporated area of the county;

appointed by the county executive. However at least three (3) members must be residents of the unincorporated area of the county.

If a county executive changes the plan commission from having members described in clause (B) to having members described in clause (A), the county executive shall appoint a township trustee to replace the first citizen member whose term expires and who belongs to the same political party as the township trustee. Each member appointed to the commission is entitled to receive compensation for mileage at the same rate and the same compensation for services as a member of a county executive, a member of a county fiscal body, a county surveyor, or an appointee of a county surveyor receives for serving on the commission, as set forth in section 222.5 of this chapter.

(b) ADVISORY. The metropolitan plan commission consists of nine (9) members, as follows:

(1) One (1) member appointed by the county legislative body from its membership.

(2) One (1) member appointed by the second class city legislative body from its membership.

(3) Three (3) citizen members who:

(A) reside in an unincorporated area of the county; or

(B) reside in the county and also own real property located in whole or in part in an unincorporated area of the county;

of whom no more than two (2) may be of the same political party, appointed by the county legislative body. One (1) of these members must be actively engaged in farming.

(4) Four (4) citizen members, of whom no more than two (2) may be of the same political party, appointed by the second class city executive. One (1) of these members must be from the metropolitan school authority or community school corporation and a resident of that school district, and the other three (3) members must be residents of the second class city.

(c) AREA. When there are six (6) county representatives, they are as follows:

(1) One (1) member appointed by the county executive from its membership.

(2) One (1) member appointed by the county fiscal body from its membership.

(3) A representative appointed by the school corporation superintendents within the jurisdiction of the area plan commission.

(4) One (1) of the following appointed by the county executive:

(A) The county agricultural extension educator. However, the county agricultural extension educator must be a resident of the county to be eligible to serve on the area plan commission. If:

(i) the county does not have a county agricultural extension educator; or

(ii) the county agricultural extension educator is not a resident of the county;

the county executive shall select a resident of the county who is a property owner with agricultural interest to serve on the area plan commission under this clause for a period not to exceed one (1) year. In addition to the county resident selected by the county executive to serve as a member of the commission, the county agricultural extension educator who is not a resident of the county shall serve the commission in a nonvoting advisory capacity.

(B) The county surveyor or the county surveyor's designee. However, the county surveyor's designee must be a resident of the county to be eligible to serve on the area plan commission.

(5) One (1) citizen member who is:

(A) a resident of the unincorporated area of the county; or

(B) a resident of the county who is also an owner of real property located in whole or in part in the unincorporated area of the county;

appointed by the county executive.

(6) One (1) citizen member who is:

(A) a resident of the unincorporated area of the county; or

(B) a resident of the county who is also an owner of real property located in whole or in part in the unincorporated area of the county;

appointed by the county fiscal body.

(d) AREA. When there are five (5) county representatives, they are the representatives listed or appointed under subsection (c)(3), (c)(4), (c)(5), and (c)(6) and:

(1) the county surveyor or the county surveyor's designee if the county executive appoints the county agricultural extension educator or resident of the county who is a property owner with agricultural interest, as applicable, under subsection (c)(4); or

(2) the county agricultural extension educator or resident of the county who is a property owner with agricultural interest, as applicable, if the county executive appoints the county surveyor under subsection (c)(4).

(e) ADVISORY. Notwithstanding subsection (a)(4), a county agricultural extension educator who is a member of the county plan commission on July 1, 2020, and is not a resident of the county may continue to serve as a member of the commission until:

(1) October 1, 2020; or

(2) the date set forth in an ordinance adopted by the county legislative body that is after October 1, 2020, and not later than October 1, 2021.

This subsection expires January 1, 2022.

(f) AREA. Notwithstanding subsection (c)(4), a county agricultural extension educator who is a member of the area plan commission on July 1, 2020, and is not a resident of the county may continue to serve as a member of the commission until:

(1) October 1, 2020; or

(2) the date set forth in an ordinance adopted by the county legislative body that is after October 1, 2020, and not later than October 1, 2021.

This subsection expires January 1, 2022.

[Pre-Local Government Recodification Citations: 18-7-3-3; 18-7-4-208; 18-7-4-9; 18-7-4-10; 18-7-5-11.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.7; P.L.354-1983, SEC.1; P.L.40-1993, SEC.67; P.L.226-1997, SEC.1; P.L.216-1999, SEC.2; P.L.103-2000, SEC.1; P.L.276-2001, SEC.10; P.L.173-2003, SEC.30; P.L.32-2004, SEC.2; P.L.126-2011, SEC.7; P.L.233-2015, SEC.339; P.L.53-2020, SEC.1.
Ind. Code § 36-10-4-15 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-15
Publication of rules adopted by board
Status: in_force

Sec. 15. All rules that the board adopts under this chapter shall be published in accordance with IC 5-3-1.

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

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.45, SEC.98.
Ind. Code § 36-9-6.5-3 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-3
Special taxing district
Status: in_force

Sec. 3. The metropolitan thoroughfare district created by IC 36-3-1-6 constitutes a special taxing district for the purposes of programming, planning, designing, constructing, reconstructing, and operating thoroughfares within the district.

As added by Acts 1982, P.L.77, SEC.12.
Ind. Code § 36-7-31.3-5.5 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-5.5
"Designating body"
Status: in_force

Sec. 5.5. As used in this chapter, "designating body" means a:

(1) city legislative body; or

(2) county legislative body;

that may establish a tax area under this chapter.

As added by P.L.178-2002, SEC.125.
Ind. Code § 36-4-3-23 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-23
Repealed
Status: repealed

As added by P.L.113-2010, SEC.120. Repealed by P.L.104-2022, SEC.161.
Ind. Code § 36-10-4-7 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-7
Board of park commissioners; election of officers; quorum; regular meetings; office; report; disposition of money received
Status: in_force

Sec. 7. (a) The board shall elect at its first regular meeting in February each year one (1) of the commissioners president and another vice president. The vice president shall perform the duties of the president during the absence or disability of the president.

(b) A majority of the commissioners constitutes a quorum. Action of the board is not binding unless authorized by a majority of the commissioners at a regular or duly called special meeting of the board. If there is a tie vote on any question, the city executive shall cast the deciding vote.

(c) The board shall fix a time for holding regular meetings. Special meetings of the board may be called at any time by its president, or by any two (2) of the commissioners, upon a written request to the secretary. If a special meeting is called, the secretary shall notify the commissioners by mailing written notices of the time of the meeting at least one (1) day before the meeting. All meetings are open to the public.

(d) The proper authorities of the city shall provide a suitable office for the board where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at all reasonable times.

(e) By February 1 of each year the board shall make a report to the city executive of:

(1) its proceedings, including a full statement of its receipts and disbursements for the preceding calendar year;

(2) the acquisition of lands by the board;

(3) improvements made by the board; and

(4) general character of the work of the board during the preceding year.

(f) Money received by the board shall immediately be paid into the city treasury and credited to the department. All expenditures relating to the parks, parkways, public grounds, public ways, and other places of the city under the control of the department shall be provided for by a special levy of taxes. The money shall be paid from the city treasury when ordered by the board.

[Pre-Local Government Recodification Citations: 19-7-9-3; 19-7-30-7.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-7.5-4-17 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-17
Covenant with holders
Status: reserved

Sec. 17. (a) If there are bonds outstanding that have been issued under this article and are not secured by a lease, or if there are leases in effect under this article, the general assembly also covenants that it will not reduce the amount required to be transferred from the counties and cities to the development authority under section 2 of this chapter below an amount that would produce one and twenty-five hundredths (1.25) multiplied by the total of the highest annual debt service on the bonds to their final maturity plus the highest annual lease payments on the leases to their final termination date.

(b) The general assembly also covenants that it will not:

(1) repeal or amend this article in a manner that would adversely affect owners of outstanding bonds, or the payment of lease rentals, secured by the amounts pledged under this chapter; or

(2) in any way impair the rights of owners of bonds of the development authority, or the owners of bonds secured by lease rentals, secured by a pledge of revenues under this chapter;

except as otherwise set forth in subsection (a).

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-10-9.5-17 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-17
Rights of holders of notes or bonds
Status: in_force

Sec. 17. Unless their rights are restricted by the appropriate bond resolution, ordinance, or trust agreement, any holder of notes or bonds issued under this chapter or a trustee under a trust agreement entered into under this chapter may, by any suitable form of legal proceeding, protect and enforce any rights provided under statute or granted by the bond resolution, ordinance, or trust agreement.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-8-20-1 — Indiana Code / Title 36 / Article 8 / Chapter 20 / Section 36-8-20-1
Applicability
Status: in_force

Sec. 1. This chapter applies to the state and all units.

As added by P.L.126-1999, SEC.1.
Ind. Code § 36-1-13-3 — Indiana Code / Title 36 / Article 1 / Chapter 13 / Section 36-1-13-3
Program establishment
Status: in_force

Sec. 3. (a) A political subdivision may establish a program to provide incentives to employees of the political subdivision to develop and implement cost saving measures for the political subdivision.

(b) A program established under this chapter may include awards to employees who suggest cost saving measures to the political subdivision.

As added by P.L.254-1993, SEC.1.
Ind. Code § 36-10-14-1 — Indiana Code / Title 36 / Article 10 / Chapter 14 / Section 36-10-14-1
Application
Status: in_force

Sec. 1. This chapter applies only to a school corporation in a third class city with a board of school trustees.

[2006 Education Finance Recodification Citation: New.]

As added by P.L.2-2006, SEC.197.
Ind. Code § 36-12-11-18 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-18
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-18.]

As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.40.
Ind. Code § 36-7.5-8-3 — Indiana Code / Title 36 / Article 7.5 / Chapter 8 / Section 36-7.5-8-3
Gary Metro Center station revitalization fund; administration
Status: in_force

Sec. 3. (a) The Gary Metro Center station revitalization fund is established to provide funding for the Gary Metro Center station revitalization project.

(b) The fund consists of:

(1) appropriations from the general assembly;

(2) available federal funds;

(3) transfers of money under IC 4-33-13-5(a)(3)(C);

(4) deposits required under section 4 of this chapter; and

(5) gifts, grants, donations, or other contributions from any other public or private source.

(c) The development authority shall administer the fund.

(d) The money remaining in the fund at the end of a state fiscal year does not revert to the state general fund.

(e) Money in the fund is continuously appropriated for the purposes of this chapter.

(f) Subject to budget committee review, the development authority may receive reimbursement for expenses incurred and a reasonable and customary amount for providing administrative services from money in the fund.

As added by P.L.195-2023, SEC.8. Amended by P.L.157-2026, SEC.270.
Ind. Code § 36-7.5-4.5-0.5 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-0.5
"Associate member"
Status: in_force

Sec. 0.5. As used in this chapter, "associate member" refers to a county or municipality that adopted an ordinance or resolution under section 16 of this chapter specifying that the county or municipality has chosen to become an associate member.

As added by P.L.189-2018, SEC.178.
Ind. Code § 36-2-12-10 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-10
Maintenance of legal survey record book; procedure for establishing location of line; notice; effect of location and establishment of lines; appeal
Status: in_force

Sec. 10. (a) The county surveyor shall maintain a legal survey record book, which must contain a record of all the legal surveys made in the county showing outline maps of each section, grant, tract, subdivision, or group of sections, grants, tracts, and subdivisions in sufficient detail so that the approximate location of each legal survey can be shown. Legal surveys shall be indexed by location.

(b) A landowner desiring to establish the location of the line between the landowner's land and that of an adjoining landowner by means of a legal survey may do so as follows:

(1) The landowner shall procure a professional surveyor registered under IC 25-21.5 to locate the line in question and shall compensate the professional surveyor.

(2) The professional surveyor shall notify the owners of adjoining lands that the professional surveyor is going to make the survey. The notice must be given by registered or certified mail at least twenty (20) days before the survey is started.

(3) The lines and corners shall be properly marked, monumented by durable material with letters and figures establishing such lines and corners, referenced, and tied to corners shown in the corner record book in the office of the county surveyor or to corners shown on a plat recorded in the plat books in the office of the county recorder.

(4) The professional surveyor shall present to the county surveyor for entry in the legal survey record book a plat of the legal survey and proof of notice to the adjoining landowners. The professional surveyor shall give notice to adjoining landowners by registered or certified mail within ten (10) days after filing of the survey.

(c) A notice under subsection (b)(4) shall include the following information:

(1) A legal survey was performed of an adjoining property under this section.

(2) The plat of the legal survey was filed with the county surveyor for entry into the legal survey record book.

(3) The lines located and established under this section are binding on all landowners affected, as well as the landowners' respective heirs and assigns, unless an appeal is taken under section 14 of this chapter.

(4) An appeal under section 14 of this chapter must be made to the circuit court of the county in which the surveyed property is located not later than one hundred eighty (180) days after the notice of filing.

(5) If the affected landowner has reason to believe that the landowner has a claim of title under adverse possession, the landowner must:

(A) file a claim in a court with proper jurisdiction; or

(B) record an affidavit under IC 36-2-11-19(a)(4) or a deed reflecting the claim of adverse possession in the office of the recorder of the county in which the property is located;

before the end of the applicable time period provided in subdivision (4).

(6) An affected landowner may not bring a claim of title under adverse possession against the state or a political subdivision.

The notice shall also include a legible copy of the plat of the legal survey.

(d) The lines located and established under subsection (b) are binding on all landowners affected and their heirs and assigns, including an affected landowner who claims title under a claim of adverse possession:

(1) that has not been filed in a court with jurisdiction; or

(2) with respect to which:

(A) a deed reflecting the adverse possession; or

(B) an affidavit under IC 36-2-11-19(a)(4);

has not been recorded in the office of the recorder of the county in which the property is located;

as of the date the survey is entered into the legal survey record book under this section, unless an appeal is taken under section 14 of this chapter. The right to appeal commences when the plat of the legal survey is entered by the county surveyor in the legal survey record book.

[Pre-Local Government Recodification Citations: 17-3-63-1; 17-3-63-2; 17-3-63-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1991, SEC.34; P.L.57-2013, SEC.91; P.L.159-2018, SEC.7; P.L.99-2023, SEC.2.
Ind. Code § 36-7.6-1-13 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-13
"Regional transportation authority"
Status: in_force

Sec. 13. "Regional transportation authority" means a regional transportation authority established under IC 36-9-3.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-7-31.5-2 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-2
Definitions
Status: in_force

Sec. 2. The following definitions apply throughout this chapter:

(1) "Bonds" means bonds, notes, or other evidence of indebtedness.

(2) "Budget agency" means the budget agency created by IC 4-12-1.

(3) "Budget committee" means the budget committee established by IC 4-12-1-3.

(4) "Capital improvement" means any facility or complex of facilities established as part of an additional professional sports development area under section 4 of this chapter.

(5) "Capital improvement board" refers to the capital improvement board of managers created by IC 36-10-9-3.

(6) "City" refers to the city of Indianapolis, Indiana.

(7) "Commission" refers to the metropolitan development commission acting as the redevelopment commission of a consolidated city.

(8) "Covered taxes" means the following:

(A) The state gross retail tax imposed under IC 6-2.5-2-1 or use tax imposed under IC 6-2.5-3-2.

(B) An adjusted gross income tax imposed under IC 6-3-2-1 on an individual.

(C) The local income tax imposed under IC 6-3.6, other than local income taxes that are paid by local taxpayers described in IC 6-3.6-2-13(3).

(D) A food and beverage tax imposed under IC 6-9.

(9) "Department" refers to the department of state revenue.

(10) "Facility" means all or any part of one (1) or more buildings, structures, or improvements constituting a capital improvement. The term refers to and includes a capital improvement.

(11) "Facilities authority" refers to the county convention and recreational facilities authority created by IC 36-10-9.1.

(12) "Professional soccer team" means a professional soccer team that holds its home professional sporting events in a facility constituting a capital improvement.

(13) "Tax area" means a geographic area established by a commission as an additional professional sports development area under section 8 of this chapter.

(14) "Taxpayer" means a person that is liable for a covered tax.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-8-4.7-4 — Indiana Code / Title 36 / Article 8 / Chapter 4.7 / Section 36-8-4.7-4
"Veteran"
Status: in_force

Sec. 4. As used in this chapter, "veteran" means an individual who has served or is serving in the armed forces.

As added by P.L.115-2016, SEC.3.
Ind. Code § 36-7-14-34 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-34
Preparation of urban rehabilitation programs
Status: in_force

Sec. 34. (a) The redevelopment commission may prepare a workable program:

(1) to use private and public resources to eliminate and prevent the conditions described in IC 36-7-1-3 in urban areas;

(2) to encourage needed urban rehabilitation;

(3) to provide for the redevelopment of areas needing redevelopment; or

(4) to undertake any feasible activities that are suitably employed to achieve the objectives of such a program.

(b) A program established under subsection (a) may include an official plan of action for:

(1) effectively dealing with the problem of areas needing redevelopment within the community; and

(2) the establishment and preservation of a well planned community with well organized residential neighborhoods of decent homes and suitable living environment for adequate family life.

[Pre-Local Government Recodification Citations: 18-7-7-33; 18-7-7.1-33.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.185-2005, SEC.20.
Ind. Code § 36-7.5-7-7 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-7
Public-private agreement
Status: in_force

Sec. 7. A public-private agreement may be entered into for purposes of operating and maintaining a convention center located in Lake County.

As added by P.L.195-2023, SEC.7.
Ind. Code § 36-7.7-3-5 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-5
Strategy committee; members; compensation
Status: in_force

Sec. 5. (a) A development authority established under this chapter is governed by a strategy committee.

(b) A strategy committee is composed of members according to the terms of the preliminary development plan adopted by the fiscal bodies of development authority members under section 1 of this chapter.

(c) The removal of a member and the filling of a vacancy on the strategy committee shall be made according to the terms of the development authority preliminary development plan.

(d) Each member of a strategy committee, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the investment board.

(e) A member of a strategy committee is not entitled to receive any compensation for performance of the member's duties.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-1-12-14 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-14
Contracts in excess of $200,000; retaining portions of payments; escrow agreements; performance bonds; payment on substantial completion; actions against surety contracts less than $250,000
Status: in_force

Sec. 14. (a) This section applies to public work contracts in excess of two hundred thousand dollars ($200,000) for projects other than highways, roads, streets, alleys, bridges, and appurtenant structures situated on streets, alleys, and dedicated highway rights-of-way. A board may require a contractor and subcontractor to include contract provisions for retainage as set forth in this section for contracts that are not more than two hundred thousand dollars ($200,000). This section also applies to a lessor corporation qualifying under IC 20-47-2 or IC 20-47-3 or any other lease-back arrangement containing an option to purchase, notwithstanding the statutory provisions governing those leases.

(b) A board that enters into a contract for public work, and a contractor who subcontracts parts of that contract, shall include in their respective contracts provisions for the retainage of portions of payments by the board to contractors, by contractors to subcontractors, and for the payment of subcontractors. At the discretion of the contractor, the retainage shall be held by the board or shall be placed in an escrow account with a bank, savings and loan institution, or the state as the escrow agent. The escrow agent shall be selected by mutual agreement between board and contractor or contractor and subcontractor under a written agreement among the bank or savings and loan institution and:

(1) the board and the contractor; or

(2) the subcontractor and the contractor.

The board shall not be required to pay interest on the amounts of retainage that it holds under this section.

(c) To determine the amount of retainage to be withheld, the board shall:

(1) withhold no more than six percent (6%) of the dollar value of all work satisfactorily completed until the public work is fifty percent (50%) completed, and nothing further after that; or

(2) withhold no more than three percent (3%) of the dollar value of all work satisfactorily completed until the public work is substantially completed.

If upon substantial completion of the public work minor items remain uncompleted, an amount computed under subsection (f) shall be withheld until those items are completed.

(d) The escrow agreement must contain the following provisions:

(1) The escrow agent shall invest all escrowed principal in obligations selected by the escrow agent.

(2) The escrow agent shall hold the escrowed principal and income until receipt of notice from the board and the contractor, or the contractor and the subcontractor, specifying the part of the escrowed principal to be released from the escrow and the person to whom that portion is to be released. After receipt of the notice, the escrow agent shall remit the designated part of escrowed principal and the same proportion of then escrowed income to the person specified in the notice.

(3) The escrow agent shall be compensated for the agent's services. The parties may agree on a reasonable fee comparable with fees being charged for the handling of escrow accounts of similar size and duration. The fee shall be paid from the escrowed income.

The escrow agreement may include other terms and conditions consistent with this subsection, including provisions authorizing the escrow agent to commingle the escrowed funds with funds held in other escrow accounts and limiting the liability of the escrow agent.

(e) Except as provided by subsections (i) and (h), the contractor shall furnish the board with a performance bond equal to the contract price. If acceptable to the board, the performance bond may provide for incremental bonding in the form of multiple or chronological bonds that, when taken as a whole, equal the contract price. The surety on the performance bond may not be released until one (1) year after the date of the board's final settlement with the contractor. The performance bond must specify that:

(1) a modification, omission, or addition to the terms and conditions of the public work contract, plans, specifications, drawings, or profile;

(2) a defect in the public work contract; or

(3) a defect in the proceedings preliminary to the letting and awarding of the public work contract;

does not discharge the surety.

(f) The board or escrow agent shall pay the contractor within sixty-one (61) days after the date of substantial completion, subject to sections 11 and 12 of this chapter. Payment by the escrow agent shall include all escrowed principal and escrowed income. If within sixty-one (61) days after the date of substantial completion there remain uncompleted minor items, an amount equal to two hundred percent (200%) of the value of each item as determined by the architect-engineer shall be withheld until the item is completed. Required warranties begin not later than the date of substantial completion.

(g) Actions against a surety on a performance bond must be brought within one (1) year after the date of the board's final settlement with the contractor.

(h) This subsection applies to public work contracts of less than two hundred fifty thousand dollars ($250,000). The board may waive the performance bond requirement of subsection (e) and accept from a contractor an irrevocable letter of credit for an equivalent amount from an Indiana financial institution approved by the department of financial institutions instead of a performance bond. Subsections (e) through (g) apply to a letter of credit submitted under this subsection.

(i) This subsection applies to the Indiana stadium and convention building authority created by IC 5-1-17-6. The board awarding the contract for a capital improvement project may waive any performance bond requirement if the board, after public notice and hearing, determines:

(1) that:

(A) an otherwise responsive and responsible bidder is unable to provide the performance bond; or

(B) the cost or coverage of the performance bond is not in the best interest of the project; and

(2) that an adequate alternative is provided through a letter of credit, additional retainage of at least ten percent (10%) of the contract amount, a joint payable check system, or other sufficient protective mechanism.

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

As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.70-1989, SEC.3; P.L.43-2003, SEC.1; P.L.120-2006, SEC.5; P.L.2-2006, SEC.189; P.L.1-2007, SEC.239; P.L.133-2007, SEC.14; P.L.28-2025, SEC.2.
Ind. Code § 36-9-27-3 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-3
Authority to exercise rights and powers of political subdivisions and state
Status: in_force

Sec. 3. (a) The rights and powers of a political subdivision under this chapter as an owner shall be exercised on behalf of the political subdivision by:

(1) the works board, for a municipality;

(2) the executive, for a county or a township; and

(3) the fiscal body, for any other political subdivision.

(b) The rights and powers of the state as an owner under this chapter shall be exercised on behalf of the state by the director of the department, office, or institution charged by law with the maintenance, supervision, or control of the affected land owned by the state.

[Pre-Local Government Recodification Citation: 19-4-1-2 part.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-10-3-20 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-20
Special nonreverting capital fund; purposes; withdrawals
Status: in_force

Sec. 20. (a) Upon the request of the board, the fiscal body of the unit may establish, by ordinance, a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The fiscal body may include in the board's annual budget an item and an appropriation for these specific purposes.

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

[Pre-Local Government Recodification Citation: 19-7-4-25.]

As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.358-1987, SEC.1.
Ind. Code § 36-1-3-12 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-12
Prohibited from licensing, registering, or certifying a profession or occupation; exceptions
Status: in_force

Sec. 12. (a) This section does not prohibit any of the following:

(1) A requirement for a license, registration, certification, or permit required under an ordinance or rule adopted under IC 36-7.

(2) A requirement for a permit or registration for a particular project for:

(A) the alteration, construction, demolition, or repair of a building; or

(B) other work on real property;

required under an ordinance or rule adopted under another provision of this title.

(3) The ability to revoke, suspend, or impose additional conditions on a permit or registration previously given if the person:

(A) holding the permit; or

(B) registered;

has performed substandard work or has otherwise violated any condition of the permit or registration.

(4) A requirement for a license for an individual to practice an occupation or profession when the unit determines the establishment and enforcement of health and safety standards for the occupation or profession are appropriate and necessary to protect the public.

(b) Except as provided in subsection (a), a unit does not have the power to license, register, or certify a person to practice the person's profession or occupation within the unit if the occupation or profession is subject to licensure, registration, or certification under the Indiana Code.

As added by P.L.172-2018, SEC.3 and P.L.182-2018, SEC.5.
Ind. Code § 36-7-11.9-8 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-8
"Pollution"
Status: in_force

Sec. 8. "Pollution" means all forms of environmental pollution, including water pollution, air pollution, solid and radioactive waste, thermal pollution, radiation contamination, and noise pollution.

As added by P.L.20-1985, SEC.14.
Ind. Code § 36-9-5-3 — Indiana Code / Title 36 / Article 9 / Chapter 5 / Section 36-9-5-3
Other programs authorized
Status: in_force

Sec. 3. A board may also establish programs for classes of persons other than those described in section 2 of this chapter. These programs must be based on the needs of the persons to be served.

[Pre-Local Government Recodification Citation: 19-5-7.5-2 part.]

As added by Acts 1981, P.L.309, SEC.78.
Ind. Code § 36-8-7.5-13.6 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-13.6
Members dying other than in line of duty
Status: in_force

Sec. 13.6. (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).

(b) The 1953 fund shall be used to pay an annuity, computed under subsection (g) and payable in monthly installments, to the surviving spouse of a member of the fund who dies from any cause after having served for one (1) year or more. The annuity continues during the life of the surviving spouse unless the spouse remarried before September 1, 1983. If the spouse remarried before September 1, 1983, benefits ceased on the date of remarriage. If a member of the fund died, but not in the line of duty, and the member's surviving spouse remarried before September 1, 1983, the benefits of the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse.

(c) The 1953 fund shall also be used to pay an annuity equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed as provided in section 12(b) of this chapter and payable in monthly installments, to each dependent child of a member of the fund who dies from any cause after having served for one (1) year or more as an active member of the police department. The pension to each child continues:

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

(2) 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; or

(3) during the entire period of the child's physical or mental disability;

whichever period is longest. However, the pension to the child ceases if the child marries or is legally adopted by any person.

(d) If a deceased member leaves no surviving spouse and no child who qualifies for a benefit under subsection (c) but does leave a dependent parent or parents, the 1953 fund is used to pay an annuity not greater than a sum equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed and payable as provided in section 12(b) of this chapter, payable monthly to the dependent parent or parents of a member of the police department who dies from any cause after having served for one (1) year or more as an active member of the police department. The annuity continues for the remainder of the life or lives of the parent or parents as long as either or both fail to have sufficient other income for their proper care, maintenance, and support.

(e) In all cases of payment to a dependent relative of a deceased member, the local board is the final judge of the question of necessity and dependency and of the amount within the stated limits to be paid. The local board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the 1953 fund or other circumstances make this action necessary.

(f) If the salary of a first class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(g) Except as otherwise provided in this subsection, the annuity payable under subsection (b) equals one (1) of the following:

(1) For the surviving spouse of a member who dies before January 1, 1989, thirty percent (30%) of the salary of a first class patrolman.

(2) For the surviving spouse of a member who dies after December 31, 1988, an amount per month during the spouse's life equal to the greater of:

(A) thirty percent (30%) of the monthly pay of a first class patrolman; or

(B) 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.

However, if the deceased member was not entitled to a benefit because the member had not completed twenty (20) years of service, for the purposes of computing the amount under subdivision (2)(B) the member's benefit is considered to be fifty percent (50%) of the monthly salary of a first class patrolman. The amount provided in this subdivision is subject to adjustment as provided in subsection (f).

As added by P.L.118-2000, SEC.19. Amended by P.L.1-2001, SEC.44.
Ind. Code § 36-9-4-2 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-2
"Management" defined
Status: in_force

Sec. 2. For purposes of this chapter, the "management" of an urban mass transportation system is:

(1) the board of directors, for a corporation;

(2) the majority of the partners, for a partnership in which the partners have equal rights in the management and control of the partnership business;

(3) the partners having a controlling interest, for other partnerships;

(4) the proprietor, for an individual proprietorship; or

(5) the managers, if any, or members of a limited liability company.

[Pre-Local Government Recodification Citation: 19-5-2-3 part.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.8-1993, SEC.518.
Ind. Code § 36-10-4-9 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-9
Control of property within district; public ways passing through park property; powers of board
Status: in_force

Sec. 9. (a) The board has, subject to statute and to the right given by section 5 of this chapter to other municipalities within the district to operate separate parks and recreational facilities, exclusive control of all property within the district used for park purposes.

(b) In addition, the part of all public ways that pass through park property is considered to be a part of this property and is also under the control of the board.

(c) The board may do the following:

(1) Acquire, lay out, and improve land for park purposes in the district and may equip, operate, maintain, and regulate the public use of that property.

(2) Appoint a secretary, and, in the secretary's absence a secretary pro tempore, landscape architects, engineers, surveyors, attorneys, clerks, guards, laborers, playground directors, and other employees, prescribe their duties and authority, and fix their compensation. If a superintendent of the department is appointed, the secretary shall be appointed under IC 36-4-9-2.

(3) Make rules not in conflict with statutes or the ordinances of the city for the management of the property under its control.

(4) Require the department of public safety of the city to detail police officers to execute the orders and enforce the rules made by the board and to be subject to the board, with the city executive deciding any disagreement between the two (2) departments as to the number and duration of the details of police officers.

(5) Locate, erect, and maintain fountains in parks, as well as in the public ways that form the boundaries of parks, or intersect with them.

(6) Erect and maintain suitable fences around parks.

(7) Seize and impound animals found running at large in any of the parks, including establishing suitable places for the impounding.

(8) Lease or sell any buildings, grounds, materials, equipment, or any parts of them owned by the city that are under the control of the department and that the board determines are not required for park purposes, permitting any other department of the city or the school city to occupy or use the property upon terms that are approved by the executive. All sums realized from the lease, sale, or other disposition of property shall be deposited in the city treasury to the credit of the department and expended for park purposes. All buildings and structures erected upon land under the control of the board are under the control of the board, and the board may not permit the erection of any building or structure upon land unless it becomes the property of the city. A lease or sale of minerals, mineral rights, or royalties for minerals for more than one (1) year from land owned by a second class city or a lease for more than one (1) year in a city that adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981) may be made only to the highest and best bidder after notice of the sale or lease has been given by publication in accordance with IC 5-3-1.

(d) The board may also do the following:

(1) Vacate public ways, or parts of them, on land under the control of the board in the same manner as the city works board may vacate them.

(2) Take over and control public ways, or parts of them, within the city and convert them into boulevards or pleasure driveways if they connect with or run into or through a park, parkway, or boulevard or are necessary for the establishment of a park or boulevard system in the city, including grading, improving, and beautifying them and relinquishing to other departments of the city the control of a public way or parkway in streets taken over that are not necessary or desirable for maintenance as part of the park system of the city.

(3) Petition the proper board of the city to construct any necessary drainage or sanitary sewers and connections in a public way or parkway bordering park property and require a public service corporation to lay, install, and connect water and gas mains and electric light conduits in and along a boulevard or park drive when reasonably necessary.

[Pre-Local Government Recodification Citations: 19-7-9-5 part; 19-7-30-9 part; 19-7-15-1.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.45, SEC.97; Acts 1981, P.L.320, SEC.13; P.L.3-1990, SEC.139; P.L.127-2017, SEC.380.
Ind. Code § 36-1-4-6 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-6
Interests in property; use, improvement, lease, or disposal
Status: in_force

Sec. 6. A unit may use, improve, develop, insure, protect, maintain, lease, and dispose of its interests in property. A municipality may exercise the powers granted in this section within four (4) miles outside of its corporate boundaries.

[Pre-Local Government Recodification Citations: 18-1-1.5-2(4); 18-1-1.5-14 part; 18-3-1-35 part; 18-3-1-45 part; 18-4-2-6 part; 18-4-2-29 part.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.277-2019, SEC.5.
Ind. Code § 36-9-4-29.5 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-29.5
Repealed
Status: repealed

As added by P.L.229-1991, SEC.2. Repealed by P.L.182-2009(ss), SEC.468.
Ind. Code § 36-7-11.2-8 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-8
"Meridian Street" defined
Status: in_force

Sec. 8. As used in this chapter, "Meridian Street" means that part of a north-south meridian street in the city of Indianapolis, Marion County, known as Meridian Street, that lies:

(1) north of 40th Street; and

(2) south of Westfield Boulevard;

at the points where the latter two (2) streets intersect with Meridian Street.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-4-201.4 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-201.4
Adoption or enforcement of an ordinance or resolution; slope
Status: in_force

Sec. 201.4. (a) This section does not apply to development on a site that is located within an area that:

(1) the department of natural resources has determined to be the watershed area of a reservoir; and

(2) is a source of drinking water for a municipality.

(b) As used in this section, "development" means an improvement of any kind on land, including:

(1) residential dwellings;

(2) commercial buildings;

(3) accessory structures;

(4) driveways; and

(5) utilities.

(c) A unit may not adopt or enforce an ordinance or resolution that prohibits or has the effect of prohibiting development exclusively on the basis of slope, if the predevelopment slope of the site is less than twenty-five percent (25%).

As added by P.L.52-2024, SEC.2.
Ind. Code § 36-7-2.5-7 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-7
"Local requirements"
Status: in_force

Sec. 7. As used in this chapter, "local requirements" means any local regulatory requirements imposed by a unit for approval of an application, including any requirements of:

(1) state building codes;

(2) local ordinances, zoning ordinances, and design standards; and

(3) other applicable state and local laws, regulations, and ordinances.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-2-9-3 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-3
Location of office; business hours and days
Status: in_force

Sec. 3. The auditor shall keep the auditor's office in a building provided at the county seat by the county executive. The auditor shall keep the auditor's office open for business during regular business hours on every day of the year except Sundays and legal holidays. However, the auditor may close the auditor's office on days specified by the county executive according to the custom and practice of the county.

[Pre-Local Government Recodification Citations: 17-3-2-1 part; 17-3-21-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.51.
Ind. Code § 36-7-39-4 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-4
Purposes of the commission
Status: in_force

Sec. 4. The commission is established to develop and implement plans and policies intended to achieve the following purposes in the development area:

(1) Increase the per capita personal income relative to the national average.

(2) Increase the population in the development area.

(3) Increase postsecondary education and credential attainment among residents in the development area.

(4) Increase the number of new business startups and programs to support entrepreneurs.

(5) Incentivize collaboration between K-12 school systems, institutions of higher education, and industry in the development area.

(6) Expand access and availability of infrastructure needed to facilitate development and population density in the development area.

(7) Perform strategic planning involving all regional efforts for economic development. The strategic planning process shall include collaboration with local economic development organizations as well as all interested parties within the region. The strategic plan shall be completed before September 30, 2021, and each five (5) years thereafter, or more often if the commission deems necessary.

As added by P.L.58-2021, SEC.1. Amended by P.L.186-2023, SEC.2.
Ind. Code § 36-9-39-10 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-10
Sewage works adapted for receiving sewage from collateral sewers; estimate of costs; hearing
Status: in_force

Sec. 10. (a) On or before the day the notice is first published under section 9 of this chapter, the engineer shall file with the municipal works board the engineer's estimate of the total cost of the sewage works. A contract that exceeds this estimate may not be let under the resolution.

(b) At the hearing specified in the notice, the works board shall hear and receive evidence on the questions listed in section 9(c) of this chapter from all persons owning property within the district who appear before the board.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-7-14-28 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-28
Tax levy for planning, property acquisition, and expenses; deposit in capital and general funds
Status: in_force

Sec. 28. (a) A tax at a rate not to exceed three and thirty-three hundredths cents ($0.0333) per one hundred dollars ($100) of assessed valuation in a municipality and a tax at a rate not to exceed one and thirty-three hundredths cents ($0.0133) per one hundred dollars ($100) of assessed valuation in a county may be levied each year for the purposes of this chapter, including:

(1) the payment, in whole or in part, of planning and survey costs;

(2) the costs of property acquisition and redevelopment; and

(3) the payment of all general expenses of the department of redevelopment.

However, a county may not levy this tax within the jurisdiction of a city redevelopment commission.

(b) Each year the redevelopment commission shall formulate and file a budget for the tax levy, in the same manner as executive departments of the unit are required to formulate and file budgets. This budget is subject to review and modification in the same manner as the budgets and tax levies formulated by executive departments of the unit.

(c) Revenues obtained from the tax levy for the payment in whole or in part of the costs of acquisition of land, rights-of-way, or other properties shall be deposited in the redevelopment district capital fund established under section 26 of this chapter. Other revenues obtained from the tax levy shall be deposited in a fund to be known as the redevelopment district general fund.

[Pre-Local Government Recodification Citations: 18-7-7-26; 18-7-7.1-26.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.380-1987(ss), SEC.15; P.L.6-1997, SEC.210.
Ind. Code § 36-8-9-4 — Indiana Code / Title 36 / Article 8 / Chapter 9 / Section 36-8-9-4
Powers and duties of board
Status: in_force

Sec. 4. (a) The board may appoint, subject to the qualifications for employment determined by the board and approved by the town legislative body, as many persons as necessary to serve in the police department of the town. One (1) person shall be appointed to serve as the police chief. The board may also appoint other employees that are necessary to carry on the work of the police department.

(b) The board may recommend and the town legislative body shall determine the compensation to be paid to members of the police department in amounts that are just and reasonable.

(c) All persons appointed must be of good moral character and serve only during good behavior. The board constitutes the safety board of the town for purposes of the suspension, demotion, or dismissal of any member of the police department. Proceedings for the suspension, demotion, or dismissal of any member of the police department shall be conducted in the manner prescribed by IC 36-8-3-4. The disciplinary provisions of IC 36-8-3-4.1 also apply to the safety board and the police chief.

(d) The board may make general and special rules for the government and discipline of the police department and may make special and general orders to the department through the police chief, who is the executive head of the department.

[Pre-Local Government Recodification Citation: 19-1-25-2.]

As added by Acts 1981, P.L.309, SEC.60. Amended by Acts 1981, P.L.315, SEC.6; Acts 1982, P.L.33, SEC.41; P.L.198-1984, SEC.2; P.L.101-1998, SEC.5; P.L.65-2008, SEC.3.
Ind. Code § 36-9-28-17 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-17
Bonds; issuance when cost of maintaining project exceeds amount that can be raised
Status: in_force

Sec. 17. If a board of directors finds that the cost of maintaining a project exceeds the amount that can be raised in any year, the board may issue bonds in the manner in which bonds are issued for construction of levees. However, the bonds and the interest on the bonds shall be paid by assessments made in the manner prescribed by section 16 of this chapter.

[Pre-Local Government Recodification Citation: 19-4-20-21.]

As added by Acts 1981, P.L.309, SEC.104.
Ind. Code § 36-7.5-4.5-10 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-10
"Local income tax increment revenue"
Status: in_force

Sec. 10. (a) As used in this chapter, "local income tax increment revenue" means the remainder of:

(1) the total amount of local income tax (IC 6-3.6) paid by:

(A) employees employed in the district with respect to wages and salary earned for work in the territory comprising the district for a particular calendar year; and

(B) residents living within the district; minus

(2) the local income tax base period amount;

as determined by the department.

(b) If an individual is a resident of one (1) district and is employed within another district during a calendar year, the local income tax for the individual shall be attributed to the district in which the individual resides.

As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.191.
Ind. Code § 36-7-14-14 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-14
Contracts to perform powers and duties
Status: in_force

Sec. 14. (a) A county may contract with a city within the county to have any of the duties and powers listed in sections 11 and 12.2 of this chapter performed by the redevelopment commission of the city.

(b) A city may contract with the county in which it is located to have any of the duties and powers listed in sections 11 and 12.2 of this chapter performed by the redevelopment commission of the county.

(c) A city or county may contract with:

(1) a public instrumentality; or

(2) a public corporate body;

created by state law to have the powers listed in section 12.2(a)(4) through 12.2(a)(7) of this chapter performed by the public instrumentality or public corporate body.

(d) A contract made under this section must be for a stated and limited period and may be renewed.

(e) Whenever a city official acts under a contract made under this section, or whenever permits or other writings are used under such a contract, the action or use must be in the name of the county redevelopment commission.

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

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.3-1989, SEC.229; P.L.1-1990, SEC.364; P.L.221-2007, SEC.34.
Ind. Code § 36-1.5-4.1-5 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-5
"Plan" or "plan of reorganization"
Status: in_force

Sec. 5. As used in this chapter, "plan" or "plan of reorganization" means a plan of reorganization approved by the legislative body of a recipient municipality under this chapter.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-7-14-25.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-25.5
Payment of redevelopment bonds or leases; pledge or covenant of legislative body
Status: in_force

Sec. 25.5. (a) Notwithstanding any other law, the legislative body may pledge revenues received or to be received by the unit from:

(1) the unit's additional revenue from the local income tax that is designated for certified shares or economic development under IC 6-3.6-6;

(2) any other source legally available to the unit for the purposes of this chapter; or

(3) any combination of revenues under subdivisions (1) through (2);

in any amount to pay amounts payable under section 25.1 or 25.2 of this chapter.

(b) The legislative body may covenant to adopt an ordinance to increase revenues at the time it is necessary to raise funds to pay any amounts payable under section 25.1 or 25.2 of this chapter.

(c) The commission may pledge revenues received or to be received from any source legally available to the commission for the purposes of this chapter in any amount to pay amounts payable under section 25.1 or 25.2 of this chapter.

(d) The pledge or the covenant under this section may be for the life of the bonds issued under section 25.1 of this chapter, the term of a lease entered into under section 25.2 of this chapter, or for a shorter period as determined by the legislative body. Money pledged by the legislative body under this section shall be considered revenues or other money available to the commission under sections 25.1 through 25.2 of this chapter.

(e) The general assembly covenants not to impair this pledge or covenant so long as any bonds issued under section 25.1 of this chapter are outstanding or as long as any lease entered into under section 25.2 of this chapter is still in effect. The pledge or covenant shall be enforced as provided in IC 5-1-14-4.

As added by P.L.380-1987(ss), SEC.13. Amended by P.L.38-1988, SEC.9; P.L.35-1990, SEC.57; P.L.172-2011, SEC.148; P.L.197-2016, SEC.126.
Ind. Code § 36-7-7.6-7 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-7
Meetings; notice
Status: in_force

Sec. 7. (a) The commission shall fix the time and place for holding regular meetings, but it shall meet:

(1) at least quarterly; and

(2) at other times established by the commission or the executive board of the commission.

(b) The chairperson of the commission or five (5) members of the commission may call a special meeting of the commission upon written request to the secretary of the commission. The secretary shall send to all commission members at least forty-eight (48) hours in advance of a special meeting a written notice fixing the time and place of the special meeting. Written notice of a special meeting is not required if:

(1) the time of the special meeting has been fixed in a regular meeting; or

(2) all members are present at the special meeting.

(c) A commission member may waive notice of any meeting by filing a written waiver with the secretary of the commission.

As added by P.L.165-2003, SEC.6.
Ind. Code § 36-7-4-1320 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1320
Ordinance; fee schedule and formula
Status: in_force

Sec. 1320. (a) An impact fee ordinance must include:

(1) a schedule prescribing for each impact zone the amount of the impact fee that is to be imposed for each infrastructure type covered by the ordinance; or

(2) a formula for each impact zone by which the amount of the impact fee that is to be imposed for each infrastructure type covered by the ordinance may be derived.

(b) A schedule or formula included in an impact fee ordinance must provide an objective and uniform standard for calculating impact fees that allows fee payers to accurately predict the impact fees that will be imposed on new development.

As added by P.L.221-1991, SEC.21.
Ind. Code § 36-10-9-12 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-12
Revenue bonds
Status: in_force

Sec. 12. (a) A capital improvement may be financed in whole or in part by the issuance of bonds payable, to the extent stated in the resolution or trust agreement providing for the issuance of the bonds, solely from one (1) or more of the following sources:

(1) Net income received from the operation of the capital improvement and not required to be deposited in the capital improvement bond fund under section 11 of this chapter.

(2) Net income received from the operation of any other capital improvement or improvements and not required to be deposited in the capital improvement bond fund under section 11 of this chapter.

(3) Money in the capital improvement bond fund available for that purpose.

(4) Money in the capital improvement fund available for that purpose.

(5) Any other funds made available for that purpose.

The resolution or trust agreement may pledge all or part of those amounts to the repayment of the bonds and may secure the bonds by a lien on the amounts pledged.

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

(c) If the city-county legislative body approves issuance of bonds under IC 36-3-6-9, the board shall submit the resolution to the executive of the consolidated city, who shall review it. If the executive approves the resolution, the board shall take all actions necessary to issue bonds in accordance with the resolution. The board may, under section 13 of this chapter, enter into a trust agreement with a trust company as trustee for the bondholders. An action to contest the validity of bonds to be issued under this section may not be brought after the fifteenth day following:

(1) the receipt of bids for the bonds, if the bonds are sold at public sale; or

(2) the publication one (1) time in a newspaper of general circulation published in the county of notice of the execution and delivery of the contract of sale for the bonds;

whichever occurs first.

(d) Bonds issued under this section may be sold at public or private sale for the price or prices that are provided in the resolution authorizing the issuance of bonds. All bonds and interest are exempt from taxation in Indiana as provided in IC 6-8-5.

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

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

(g) The revenue bonds shall be issued in the name of the county and must recite on the face that the principal of and interest on the bonds is payable solely from the amounts pledged to their payment. The bonds shall be executed by the manual or facsimile signature of the president of the board, and the seal of the county shall be affixed or imprinted on the bonds. The seal shall be attested by the manual or facsimile signature of the auditor of the county. However, one (1) of the signatures must be manual, unless the bonds are authenticated by the manual signature of an authorized officer or a trustee for the bondholders. Any coupons attached must bear the facsimile signature of the president of the board.

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

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

As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.42-1993, SEC.100; P.L.182-2009(ss), SEC.458.
Ind. Code § 36-10-10-14 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-14
Lease; notice of execution; filing and certification of objections; hearing and decision by department of local government finance
Status: in_force

Sec. 14. (a) If the execution of the lease is authorized, notice of the execution shall be given on behalf of the city by publication one (1) time in a newspaper of general circulation printed in the English language and published in the city. Fifty (50) or more taxpayers in the city whose tax rate will be affected by the proposed lease and who may be of the opinion that no necessity exists for the execution of the lease, or that the lease rental is not fair and reasonable, may file a petition in the office of the city clerk within fifteen (15) days after publication of notice of the execution of the lease, setting forth their objections and the facts supporting those objections.

(b) Upon the filing of a petition, the city clerk shall immediately certify a copy, together with other data that is necessary in order to present the questions involved, to the department of local government finance. Upon receipt of a certified petition and information, the department of local government finance shall set a time for the hearing of the matter in the city where the petition originated. The hearing shall be held at least five (5) but not more than fifteen (15) days after receipt of the petition by the department of local government finance. The department of local government finance may either hold the hearing in the affected county or through electronic means. Notice of the hearing shall be given by the department of local government finance to the city executive and to the first ten (10) taxpayer petitioners on the petition by certified mail sent to the addresses listed on the petition at least five (5) days before the date of the hearing. After the hearing, the department of local government finance shall promptly issue its decision on the petition.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.90-2002, SEC.523; P.L.38-2021, SEC.107.
Ind. Code § 36-7-5.1-19 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-19
Duties of commission under IC 36-7-4-405
Status: in_force

Sec. 19. The commission shall comply with IC 36-7-4-405 to the extent those duties are consistent with this chapter.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-8-20-3 — Indiana Code / Title 36 / Article 8 / Chapter 20 / Section 36-8-20-3
Exclusivity of system
Status: in_force

Sec. 3. A communication system that is:

(1) available to members of the public as a means to report an emergency and to request assistance; and

(2) established or operated by the state or a unit;

must use 911 as the exclusive universal emergency telephone number for that communication system.

As added by P.L.126-1999, SEC.1.
Ind. Code § 36-1-10-15 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-15
Actions to contest validity of lease or to enjoin performance under lease
Status: in_force

Sec. 15. An action to contest the validity of a lease under this chapter, or to enjoin performance under the lease, must be brought within thirty (30) days after publication of notice of the execution of the lease by the leasing agent or, if an appeal has been taken to the department of local government finance, then within thirty (30) days after the decision of the department.

[Pre-Local Government Recodification Citation: 18-5-3.3-7 part.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.90-2002, SEC.464.
Ind. Code § 36-1-3-9 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-9
Territorial jurisdiction; exception; petition
Status: in_force

Sec. 9. (a) The area inside the boundaries of a county comprises its territorial jurisdiction. However, a municipality has exclusive jurisdiction over bridges (subject to IC 8-16-3-1), streets, alleys, sidewalks, watercourses, sewers, drains, and public grounds inside its corporate boundaries, unless a statute provides otherwise.

(b) The area inside the corporate boundaries of a municipality comprises its territorial jurisdiction, except to the extent that a statute expressly authorizes the municipality to exercise a power in areas outside its corporate boundaries.

(c) Whenever a statute authorizes a municipality to exercise a power in areas outside its corporate boundaries, the power may be exercised:

(1) inside the corporate boundaries of another municipality, only if both municipalities, by ordinance, enter into an agreement under IC 36-1-7; or

(2) in a county other than the county in which the municipal hall is located, but not inside the corporate boundaries of another municipality, only if both the municipality and the other county, by ordinance, enter into an agreement under IC 36-1-7.

(d) If the two (2) units involved under subsection (c) cannot reach an agreement, either unit may petition the circuit or superior court of the county to hear and determine the matters at issue. The clerk of the court shall issue notice to the other unit as in other civil actions, and the court shall hold the hearing without a jury. There may be a change of venue from the judge but not from the county. The petitioning unit shall pay the costs of the action.

[Pre-Local Government Recodification Citations: subsection (a) formerly 17-2-2.5-4 part; 18-5-10-4 part; subsection (b) formerly 18-1-1.5-1 part; subsections (c) and (d) formerly 18-1-1.5-21.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.169-2015, SEC.169; P.L.149-2016, SEC.91.
Ind. Code § 36-8-11-22.1 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-22.1
Multiple county district; board of fire trustees
Status: in_force

Sec. 22.1. (a) This section applies to a district that consists of a municipality that is located in two (2) counties.

(b) This section does not apply to a merged district under section 23 of this chapter.

(c) Sections 6 and 7 of this chapter apply to the petition.

(d) The board of fire trustees for the district shall be appointed as prescribed by section 12 of this chapter. However, the legislative body of each county within which the district is located shall jointly appoint one (1) trustee from each township or part of a township contained in the district and one (1) trustee from the municipality contained in the district. The legislative body of each county shall jointly appoint a member to fill a vacancy.

(e) Sections 13, 14, and 15 of this chapter relating to the board of fire trustees apply to the board of the district. However, the county legislative bodies serving the district shall jointly decide where the board shall locate (or approve location of) its office.

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

As added by P.L.36-2000, SEC.8. Amended by P.L.224-2007, SEC.128; P.L.146-2008, SEC.781; P.L.257-2019, SEC.153.
Ind. Code § 36-7-4-304 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-304
Organization; secretary
Status: in_force

Sec. 304. The plan commission may appoint and fix the duties of a secretary, who is not required to be a member of the commission.

[Pre-Local Government Recodification Citations: 18-7-2-17; 18-7-3-5 part; 18-7-4-304; 18-7-4-22; 18-7-5-23 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.15.
Ind. Code § 36-10-10-15 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-15
Lease; action to contest validity or enjoin performance; limitation
Status: in_force

Sec. 15. An action to contest the validity of the lease or to enjoin the performance of any of the terms and conditions of the lease may not be brought at any time later than fifteen (15) days after publication of notice of the execution of the lease, or if an appeal has been taken to the department of local government finance, then fifteen (15) days after the decision of the department.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.90-2002, SEC.524.
Ind. Code § 36-1-7-15 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-15
Agreements between economic development entities
Status: in_force

Sec. 15. (a) As used in this section, "economic development entity" means any of the following:

(1) A department of redevelopment organized under IC 36-7-14.

(2) A department of metropolitan development under IC 36-7-15.1.

(3) A port authority organized under IC 8-10-5.

(4) An airport authority organized under IC 8-22-3.

(5) The Indiana finance authority.

(6) A regional development authority established under IC 36-7.5 or IC 36-7.6.

(7) A regional planning commission established under IC 36-7-7 or IC 36-7-7.6.

(b) Notwithstanding section 2 of this chapter, two (2) or more economic development entities may enter into a written agreement under section 3 of this chapter if the agreement is approved by each entity's governing body.

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

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

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

(3) Pledge any of its revenues, including taxes or allocated taxes under IC 36-7-14, IC 36-7-15.1, or IC 8-22-3.5, to the bonds or lease rental obligations of another party to the agreement under IC 5-1-14-4.

(d) An economic development entity may not grant to another entity the power to tax or to establish an allocation area under IC 8-22-3.5, IC 36-7-14-39, or IC 36-7-15.1.

(e) An agreement under this section does not have to comply with section 3(a)(5) or 4 of this chapter.

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

As added by P.L.108-1993, SEC.12. Amended by P.L.115-1995, SEC.14; P.L.85-1996, SEC.10; P.L.170-2002, SEC.137; P.L.203-2005, SEC.7; P.L.221-2007, SEC.26; P.L.26-2020, SEC.3.
Ind. Code § 36-2-14-6.3 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-6.3
Coroner notification of child deaths; coroner consultation with child death pathologist; suspicious, unexpected, or unexplained child deaths; autopsy
Status: in_force

Sec. 6.3. (a) A coroner shall immediately notify:

(1) the local office of the department of child services by using the statewide hotline for the department; and

(2) either:

(A) the local child fatality review team; or

(B) if the county does not have a local child fatality review team, the statewide child fatality review committee;

of each death of a person who is less than eighteen (18) years of age, or appears to be less than eighteen (18) years of age and who has died in an apparently suspicious, unexpected, or unexplained manner.

(b) If a child less than eighteen (18) years of age dies in an apparently suspicious, unexpected, or unexplained manner, the coroner shall consult with a child death pathologist to determine whether an autopsy is necessary. If the coroner and the child death pathologist disagree over the need for an autopsy, the prosecuting attorney shall determine whether an autopsy is necessary. If the autopsy is considered necessary, a child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct the autopsy within twenty-four (24) hours after the prosecuting attorney notifies the pathologist or pathology resident of the determination. If the autopsy is not considered necessary, the autopsy shall not be conducted.

(c) If a child death pathologist and coroner agree under subsection (b) that an autopsy is necessary, the child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct the autopsy of the child.

As added by P.L.225-2007, SEC.13. Amended by P.L.131-2009, SEC.75; P.L.128-2012, SEC.183; P.L.109-2015, SEC.59; P.L.148-2024, SEC.30.
Ind. Code § 36-7-1-8 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-8
"Housing project"
Status: in_force

Sec. 8. "Housing project" means any work or undertaking of a housing authority in planning improvements, acquiring property, demolishing structures, constructing, altering, and repairing improvements, and performing other acts necessary to:

(1) demolish, clear, or remove buildings from any area in which the majority of dwellings is detrimental to the public safety, health, and morals because of dilapidation, overcrowding, faulty design, lack of ventilation, light, or sanitary facilities, or a combination of these factors;

(2) provide decent, safe, and sanitary living accommodations; or

(3) accomplish a combination of these purposes.

[Pre-Local Government Recodification Citations: 18-7-11-3(j); 18-7-12-3(b).]

As added by Acts 1981, P.L.309, SEC.8.
Ind. Code § 36-7-12-39 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-39
Validation of prior authorized bonds
Status: in_force

Sec. 39. Any bonds authorized to be issued under the authority of this chapter by a resolution adopted under section 24 of this chapter before June 1, 1985, remain valid regardless of any amendments made to this chapter by P.L.20-1985.

As added by P.L.25-1987, SEC.59.
Ind. Code § 36-9-27.8-8 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-8
Application of chapter
Status: in_force

Sec. 8. This chapter applies to the following:

(1) A subdivision located in an unincorporated area of Johnson County.

(2) A subdivision located within a consolidated city. This chapter does not apply to a subdivision located within the boundaries of an excluded city (as defined in IC 36-3-1-7).

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-2-8.7-2 — Indiana Code / Title 36 / Article 2 / Chapter 8.7 / Section 36-2-8.7-2
Initiation of process to remove county officer from office
Status: in_force

Sec. 2. (a) The county executive may initiate the process of petitioning a court to remove a county officer from office under IC 5-8-1-35 by adopting a resolution in accordance with this section.

(b) At least one (1) public hearing must be held by the county executive on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county executive's finding that the county officer committed a violation described in:

(1) section 7 of this chapter;

(2) IC 5-8-1-35(a)(1);

(3) IC 5-8-1-35(a)(2);

(4) IC 5-8-1-35(a)(3);

(5) IC 5-8-1-35(a)(4); or

(6) IC 5-8-1-35(a)(5).

As added by P.L.169-2021, SEC.2. Amended by P.L.159-2025, SEC.4.
Ind. Code § 36-4-9-6 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-6
Second class cities; appointment of officers, employees, boards, and commissions; notice of change in membership of public works or safety board
Status: in_force

Sec. 6. (a) This section applies only to second class cities.

(b) The city executive shall appoint:

(1) a city controller;

(2) a city civil engineer;

(3) a corporation counsel;

(4) a chief of the fire department;

(5) a chief of the police department; and

(6) other officers, employees, boards, and commissions required by statute.

(c) The board of public works and safety may be composed of three (3) members or five (5) members appointed by the executive. An individual who is appointed a member of the board serves at the pleasure of the executive as long as the executive who appointed the member continues to hold the office of executive. A member may hold other appointive positions in city government during the member's tenure. IC 36-4-11-2 applies to board member appointments under this section. The executive shall appoint a clerk for the board.

(d) If the board of public works and board of public safety are established as separate boards, each board may be composed of three (3) members or five (5) members who are appointed by the executive. A member may hold other appointive positions in city government during the member's tenure. The executive shall appoint a clerk for each board.

(e) If the executive:

(1) increases the number of members of a board of public works and safety, a board of public works, or a board of public safety from three (3) to five (5) members; or

(2) decreases the number of members of a board of public works and safety, a board of public works, or a board of public safety from five (5) to three (3) members;

the city shall publish notice under IC 5-3-1 of the increase or decrease in members and state the total number of members appointed to the board.

[Pre-Local Government Recodification Citations: 18-1-6-14 part; 18-2-1-4.2 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.47; P.L.317-1995, SEC.1; P.L.68-1996, SEC.5; P.L.141-2009, SEC.10; P.L.40-2026, SEC.14.
Ind. Code § 36-1-11-1 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-1
Application of chapter
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to the disposal of property by:

(1) political subdivisions; and

(2) agencies of political subdivisions.

(b) This chapter does not apply to the following:

(1) The disposal of property under an urban homesteading program under IC 36-7-17 or IC 36-7-17.1.

(2) The lease of school buildings under IC 20-47.

(3) The sale of land to a lessor in a lease-purchase contract under IC 36-1-10.

(4) The disposal of property by a redevelopment commission established under IC 36-7.

(5) The leasing of property by a board of aviation commissioners established under IC 8-22-2 or an airport authority established under IC 8-22-3.

(6) The disposal of a municipally owned utility under IC 8-1.5.

(7) Except as provided in sections 5.5 and 5.6 of this chapter, the sale or lease of property by a unit to an Indiana nonprofit corporation organized for educational, literary, scientific, religious, or charitable purposes that is exempt from federal income taxation under Section 501 of the Internal Revenue Code or the sale or reletting of that property by the nonprofit corporation.

(8) The disposal of surplus property by a hospital established and operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8, IC 16-23-1, or IC 16-24-1.

(9) The sale or lease of property acquired under IC 36-7-13 for industrial development.

(10) The sale, lease, or disposal of property by a local hospital authority under IC 5-1-4.

(11) The sale or other disposition of property by a county or municipality to finance housing under IC 5-20-2.

(12) The disposition of property by a soil and water conservation district under IC 14-32.

(13) The sale, lease, or disposal of property by the health and hospital corporation established and operated under IC 16-22-8.

(14) The disposal of personal property by a library board under IC 36-12-3-5(c).

(15) The sale or disposal of property by the historic preservation commission under IC 36-7-11.1.

(16) The disposal of an interest in property by a housing authority under IC 36-7-18.

(17) The disposal of property under IC 36-9-37-26.

(18) The disposal of property used for park purposes under IC 36-10-7-8.

(19) The disposal of curricular materials that will no longer be used by school corporations under IC 20-26-12.

(20) The disposal of residential structures or improvements by a municipal corporation without consideration to:

(A) a governmental entity; or

(B) a nonprofit corporation that is organized to expand the supply or sustain the existing supply of good quality, affordable housing for residents of Indiana having low or moderate incomes.

(21) The disposal of historic property without consideration to a nonprofit corporation whose charter or articles of incorporation allows the corporation to take action for the preservation of historic property. As used in this subdivision, "historic property" means property that is:

(A) listed on the National Register of Historic Places; or

(B) eligible for listing on the National Register of Historic Places, as determined by the division of historic preservation and archeology of the department of natural resources.

(22) The disposal of real property without consideration to:

(A) a governmental agency; or

(B) a nonprofit corporation that exists for the primary purpose of enhancing the environment;

when the property is to be used for compliance with a permit or an order issued by a federal or state regulatory agency to mitigate an adverse environmental impact.

(23) The disposal of property to a person under an agreement between the person and a political subdivision or an agency of a political subdivision under IC 5-23.

(24) The disposal of residential real property pursuant to a federal aviation regulation (14 CFR 150) Airport Noise Compatibility Planning Program as approved by the Federal Aviation Administration.

(25) The disposal of property by a political subdivision to a public utility (as defined in IC 8-1-2-1) or to a communications service provider (as defined in IC 8-1-32.5-4).

[Pre-Local Government Recodification Citations: 17-2-47-8 part; 17-4-15-1 part; 18-4-5-6 part; 19-6-2-38 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by Acts 1982, P.L.208, SEC.1; P.L.16-1983, SEC.21; P.L.182-1985, SEC.15; P.L.214-1986, SEC.1; P.L.2-1987, SEC.49; P.L.214-1989, SEC.5; P.L.336-1989(ss), SEC.44; P.L.162-1991, SEC.4; P.L.2-1993, SEC.198; P.L.98-1993, SEC.11; P.L.1-1994, SEC.172; P.L.165-1994, SEC.1; P.L.1-1995, SEC.79; P.L.310-1995, SEC.1; P.L.82-1995, SEC.7; P.L.49-1997, SEC.69; P.L.76-1998, SEC.1; P.L.1-2005, SEC.234; P.L.184-2005, SEC.37; P.L.2-2006, SEC.188; P.L.154-2012, SEC.4; P.L.118-2013, SEC.11; P.L.286-2013, SEC.128; P.L.270-2019, SEC.24; P.L.177-2021, SEC.13.
Ind. Code § 36-5-1-10 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-10
Repealed
Status: repealed

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

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.12. Repealed by Acts 1980, P.L.2, SEC.20.
Ind. Code § 36-7-11.2-55 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-55
Provisions inapplicable to considerations of rezoning matters; procedures
Status: in_force

Sec. 55. (a) The provisions of this chapter concerning:

(1) meetings and hearings of the commission; and

(2) the manner in which matters will be taken up and considered by the commission;

do not apply in the commission's consideration of rezoning matters referred to the commission by the development commission.

(b) With respect to the matters described in subsection (a), the commission may by rule determine procedures to dispose of the matters within the mandatory one hundred twenty (120) day period.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(e).]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-2-7.5-1 — Indiana Code / Title 36 / Article 2 / Chapter 7.5 / Section 36-2-7.5-1
Applicability
Status: in_force

Sec. 1. This chapter applies after December 31, 2005.

As added by P.L.91-2005, SEC.3.
Ind. Code § 36-8-17-13 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-13
Rules to implement chapter
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. 13. The commission may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.245-1987, SEC.21.
Ind. Code § 36-7-17.1-10 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-10
Conveyances; fee simple title
Status: in_force

Sec. 10. If, after purchasing real property under this chapter, an individual has complied with the terms of the individual's agreement under section 7(b)(1) and 7(b)(3) of this chapter, the agency shall convey to the individual a fee simple title to the real property.

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-12-12-11 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-11
Interest
Status: in_force

Sec. 11. Interest on the capital projects fund, including the fund's pro rata share of interest earned on the investment of total money on deposit, shall be deposited in the fund. The library board may allocate the interest among the accounts within the fund.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-36-67 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-67
Surface improvements on public ways; performance by municipality; procedure
Status: in_force

Sec. 67. (a) This section applies only to municipalities.

(b) As an additional method of making surface improvements on public ways, the works board may do the following:

(1) Make the improvements with the municipality's materials and employees.

(2) Assess the cost of the improvements against the abutting property owners.

(c) An improvement under this section must be at least one (1) city block long.

(d) A works board acting under this section shall determine a feasible cost for labor and materials per square yard for nonpermanent and permanent types of street surfaces. The works board shall, on the works board's own motion or on the petition of an owner of property abutting on any residential street, then do the following:

(1) Name certain public ways, including those petitioned for, for which an improvement is proposed.

(2) Give notice of the proposed improvement, in person or by mail, to the owners of property abutting on and affected by the proposed improvement.

(3) Hold a public hearing at the time and place set out in the notice.

(e) Notice of the hearing shall be given by publication in accordance with IC 5-3-1. At the hearing, the works board shall do the following:

(1) Inform the abutting owners of each owner's individual cost for each type of surface improvement.

(2) Inform the owners that the board shall order the improvement if, within the time fixed at the hearing, the owners do the following:

(A) Determine by a majority vote the type of improvement the owners want.

(B) Tender the cost of the improvement to the municipality.

(f) After the hearing, the works board shall order the improvement unless:

(1) the works board finds that the improvements should not be made; or

(2) the abutting owners do not comply with the conditions listed in subsection (e)(2).

(g) A municipality acting under this chapter may establish a revolving fund and may appropriate an amount of not more than ten thousand dollars ($10,000) for the fund. Payments made by property owners under this section shall be paid into the fund, and the cost of material and labor for the improvements shall be paid out of the fund. The fund, which may be used only for the purposes of this section, does not revert to the municipality's general fund until the municipality ceases to act under this section.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-11.1-12 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-12
Encumbrance, lease, or sale of facilities or equipment while revenue bonds are outstanding
Status: in_force

Sec. 12. So long as any of the revenue bonds are outstanding, the consolidated city may not mortgage, pledge, or otherwise encumber any part of the property of the parking facility or facilities, or dispose of any part of them. However, equipment that is worn out and replaced or property that is no longer useful or profitable in the operation of the facility or facilities, and the proceeds from any such sale, shall be deposited in the fund or account for the payment of the principal and interest on the revenue bonds. In addition, the city may lease the property or any part of it to others for public, private, or commercial purposes on such terms and conditions and for such time so as not to adversely affect the rights of bondholders.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-1-29.5-2 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-2
"Incentive agreement"
Status: in_force

Sec. 2. As used in this chapter, "incentive agreement" means an agreement described in section 8(b) of this chapter.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-7-37-2 — Indiana Code / Title 36 / Article 7 / Chapter 37 / Section 36-7-37-2
Petition or order for determination of abandonment; contents
Status: in_force

Sec. 2. A petition filed with the court under this chapter or an order by an enforcement authority under IC 36-7-9-7 with respect to property for which a determination of abandonment is being sought under this chapter must do all the following:

(1) Include a statement of the jurisdiction of the county, city, or town in the location of the property.

(2) Allege that the property is abandoned.

(3) Include evidence that one (1) or more of the conditions set forth in IC 32-30-10.6-5(a), which constitute prima facie evidence, apply.

(4) Include a statement that if the property is determined to be abandoned and any property taxes are delinquent, the property may be sold by the county at tax sale and the owner will have no right of redemption with respect to the property after the sale.

As added by P.L.247-2015, SEC.50.
Ind. Code § 36-8-21.5-8 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-8
"Severe weather warning siren"
Status: in_force

Sec. 8. As used in this chapter, "severe weather warning siren" or "siren" means a siren that can be activated within a specified range to warn residents of an occurrence or imminent threat of severe weather.

As added by P.L.89-2008, SEC.1.
Ind. Code § 36-9-25-37 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-37
Authority to expend money; warrants and vouchers
Status: in_force

Sec. 37. Money raised under this chapter may be expended only upon warrants drawn by the municipal fiscal officer upon vouchers of the board. An appropriation is not necessary, but all money raised under this chapter is considered appropriated to the respective purposes stated and is under the control of the board. The board has complete and exclusive authority to expend the money for the purposes provided.

[Pre-Local Government Recodification Citation: 19-2-14-28.]

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-7-15.1-57 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-57
Designation of economic development area
Status: in_force

Sec. 57. (a) The commission may, by following the procedures set forth in sections 8, 9, and 10 of this chapter, approve a plan for and determine that a geographic area in the redevelopment district is an economic development area. Designation of an economic development area is subject to judicial review in the manner prescribed in section 11 of this chapter.

(b) The commission may determine that a geographic area is an economic development area if it finds that:

(1) the plan for the economic development area:

(A) promotes significant opportunities for the gainful employment of its citizens;

(B) attracts a major new business enterprise to the unit;

(C) retains or expands a significant business enterprise existing in the boundaries of the unit; or

(D) meets other purposes of this section and sections 28 and 58 of this chapter;

(2) the plan for the economic development area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under this section and sections 28 and 58 of this chapter because of:

(A) lack of local public improvement;

(B) existence of improvements or conditions that lower the value of the land below that of nearby land;

(C) multiple ownership of land; or

(D) other similar conditions;

(3) the public health and welfare will be benefited by accomplishment of the plan for the economic development area;

(4) the accomplishment of the plan for the economic development area will be of public utility and benefit as measured by:

(A) attraction or retention of permanent jobs;

(B) increase in the property tax base;

(C) improved diversity of the economic base; or

(D) other similar public benefits; and

(5) the plan for the economic development area conforms to the comprehensive plan of development for the county.

(c) The determination that a geographic area is an economic development area must be approved by the excluded city legislative body. The approval may be given either before or after judicial review is requested. The requirement that the excluded city legislative body approve economic development areas does not prevent the commission from amending the plan for the economic development area.

As added by P.L.102-1999, SEC.24. Amended by P.L.146-2008, SEC.766; P.L.172-2011, SEC.156.
Ind. Code § 36-2-15-7.4 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-7.4
Repealed
Status: repealed

As added by P.L.146-2008, SEC.694. Repealed by P.L.167-2015, SEC.8.
Ind. Code § 36-8-7.5-23 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-23
Rollover to eligible retirement plan
Status: in_force

Sec. 23. Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the 1953 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.

As added by P.L.10-1993, SEC.18.
Ind. Code § 36-10-11-16 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-16
Lease; execution; notice; limitation on annual rental; transfer of net revenue
Status: in_force

Sec. 16. (a) The lease shall be executed on behalf of the governmental entity by an officer authorized by law to execute contracts for the entity and on behalf of the authority by both the president or vice president of the board and the secretary of the board of directors.

(b) Notice of the execution of the lease shall be given by the governmental entity by publication as provided in IC 5-3-1.

(c) A lease may not be executed with annual lease rental exceeding an aggregate of two hundred seventy-five thousand dollars ($275,000) unless the fiscal body of the lessee governmental entity finds that the estimated annual net income to the lessee governmental entity from the civic center, plus any other nonproperty tax funds made available annually for the payment of the lease rental, will not be less than the amount of the excess.

(d) All net revenues of the leased building, together with any other funds made available for the payment of lease rental, shall be transferred at least annually by the lessee to a fund for payment of lease rental.

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.73-1983, SEC.23; P.L.90-2002, SEC.525; P.L.197-2016, SEC.154.
Ind. Code § 36-9-40-4 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-4
Construction of system on private land
Status: in_force

Sec. 4. A works board may construct a private system on land owned by a private entity if:

(1) the owner of the land has applied to the works board for construction of a system that the works board determines is appropriate for the sewage disposal needs of the location for which the application is made;

(2) the owner of the land has supplied in the application to the works board sufficient information to prepare a preliminary resolution to approve construction of the system;

(3) the works board has adopted a preliminary resolution approving construction of the system; and

(4) with respect to the system, the works board has, at the time the preliminary resolution is adopted, adopted and placed on file:

(A) cross-sections;

(B) general plans;

(C) specifications; and

(D) an estimate of the cost.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-7-13-13 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-13
Designation of district; information to department of state revenue; determination of gross retail base period amount and income tax base period amount
Status: in_force

Sec. 13. (a) If an advisory commission on industrial development designates a district under section 12 or 12.1 of this chapter or if the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter, the advisory commission, or the legislative body in the case of a district designated under section 10.5 of this chapter, shall send a certified copy of the resolution or ordinance designating the district to the department of state revenue by certified mail and shall include with the resolution a complete list of the following:

(1) Employers in the district.

(2) Street names and the range of street numbers of each street in the district.

(3) Federal tax identification number of each business in the district.

(4) The street address of each employer.

(5) Name, telephone number, and electronic mail address (if available) of a contact person for each employer.

(b) The advisory commission, or the legislative body in the case of a district designated under section 10.5 of this chapter, shall update the list:

(1) before July 1 of each year; or

(2) within fifteen (15) days after the date that the budget agency approves a petition to modify the boundaries of the district under section 12.5 of this chapter.

(c) Not later than sixty (60) days after receiving a copy of the resolution or ordinance designating a district, the department of state revenue shall determine the gross retail base period amount and the income tax base period amount.

(d) Not later than sixty (60) days after receiving a certification of a district's modified boundaries under section 12.5(c) of this chapter, the department shall recalculate the gross retail base period amount and the income tax base period amount for a district modified under section 12.5 of this chapter.

As added by P.L.125-1998, SEC.17. Amended by P.L.174-2001, SEC.9; P.L.224-2003, SEC.240; P.L.81-2004, SEC.37 and P.L.90-2004, SEC.10; P.L.199-2005, SEC.34.
Ind. Code § 36-9-6-23 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-23
Payment of expenses
Status: in_force

Sec. 23. All expenses incurred or authorized by the works board under this chapter are payable out of the general fund of the city, from appropriations made for the use of the board and available for the particular purpose, unless a statute specifically directs that the expenses are to be paid by assessments against owners of real property.

[Pre-Local Government Recodification Citations: 18-1-6-16 part; 18-1-6-19.]

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-2-2.9-11 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-11
Review and notification not completed within time period; contract considered acceptable
Status: in_force

Sec. 11. If:

(1) the review; and

(2) the notification of the review results, including the written statement under section 9(b) of this chapter, if applicable;

are not made within the time required under section 6 of this chapter, the contract shall be considered acceptable and the county officer may execute the contract.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-7-38-5 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-5
Boards of county land banks; counties not having a consolidated city
Status: in_force

Sec. 5. (a) This section applies to the board of a county land bank established by a county that does not have a consolidated city.

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

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

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

(3) Five (5) directors respectively appointed by the executives of the five (5) municipalities in the county with the five (5) largest populations, as determined by the most recent federal decennial census. A director appointed under this subdivision must reside in the municipality of the appointing authority that appoints the director.

(4) At most two (2) additional directors appointed, as applicable, in the manner and subject to the requirements set forth in the land bank's bylaws.

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

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

(2) a number of additional years equal to:

(A) one (1) calendar year, for:

(i) the director appointed under subsection (b)(1);

(ii) the director appointed under subsection (b)(2); and

(iii) the director appointed under subsection (b)(3) by the executive of the municipality in the county that has the largest population;

(B) two (2) calendar years, for directors appointed under subsection (b)(3) by the executives of the municipalities that have the second through the fourth largest populations in the county; and

(C) three (3) calendar years, for:

(i) the director appointed under subsection (b)(3) by the executive of the municipality that has the fifth largest population in the county; and

(ii) any directors appointed under subsection (b)(4).

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-7-30.2-13 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-13
Requirements for approval after commander's determination
Status: in_force

Sec. 13. The unit may approve or fund a land use activity after a determination under section 12 of this chapter that the activity adversely affects the installation's military operations if the unit:

(1) mitigates the adverse impact of the land use activity in the manner agreed upon by the unit and the commander; or

(2) agrees to complete the mitigation agreed upon by the unit and the commander before commencing construction, issuing improvement location permits, entering into contracts, or commencing any other substantial step toward initiation of the land use activity.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-31.3-2 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-2
"Budget agency"
Status: in_force

Sec. 2. As used in this chapter, "budget agency" means the budget agency established by IC 4-12-1.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-12-11-9 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-9
Reciprocity with other states
Status: in_force

Sec. 9. To prevent unjust and arbitrary exclusions by other states of certified librarians who have complied with the requirements of Indiana law, the board may adopt rules necessary for the reciprocal recognition of certificates for librarians issued by other states whose qualifications for library service are at least as high as the qualifications in Indiana. To effect this section, the board shall consider the recommendations of the American Library Association.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-9.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-1-6-5 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-5
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-2-2.5-9(a); 18-1-14-14 part; 18-3-1-54 part; 18-5-12.5-1(a).]

As added by Acts 1980, P.L.211, SEC.1. Repealed by Acts 1981, P.L.108, SEC.40.
Ind. Code § 36-10-3-3 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-3
Department of parks and recreation; creation; amendment or repeal of prior ordinances; authority to adopt ordinances
Status: in_force

Sec. 3. (a) Except as provided in subsection (c) and section 3.1 of this chapter, the fiscal body of a unit may adopt an ordinance creating a department of parks and recreation and repealing in the ordinance or resolution prior ordinances or resolutions creating separate park and recreation authorities. The department consists of a park and recreation board, a superintendent, and other personnel that the board determines.

(b) After a board has been created, all books, papers, documents, and other property of former park and recreation authorities shall be transferred to and become the property of the board.

(c) This subsection applies to all counties. A county fiscal body may amend the ordinance that creates the department described in this section. If the county fiscal body amends the ordinance as to the composition of the county board, the ordinance must provide that the members of the county board are appointed in accordance with section 4.2 of this chapter. After December 31, 2019, the county fiscal body may not adopt a new ordinance to create a department described in this section, as set forth in section 3.1(d) of this chapter.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-6 part; 19-7-4-6.5 part; subsection (b) formerly 19-7-4-72.]

As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.354-1985, SEC.2; P.L.11-1987, SEC.34; P.L.157-1991, SEC.3; P.L.75-2019, SEC.1.
Ind. Code § 36-7-31.5-17 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-17
Repayment to fund
Status: in_force

Sec. 17. The capital improvement board shall repay to the additional professional sports development area fund any amount that is distributed to the capital improvement board and used for a purpose that is not described in section 15 of this chapter.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-12-3-8 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-8
Municipal corporations in certain counties; contracts for library services; tax levy or revenue from other tax
Status: in_force

Sec. 8. (a) This section applies to municipal corporations located in a county having a population of more than thirty-five thousand nine hundred (35,900) and less than thirty-six thousand (36,000).

(b) A municipal corporation receiving library service under section 7 of this chapter shall:

(1) levy a tax sufficient to meet the amount of compensation agreed on under the contract; or

(2) make the contract payments with revenue derived from a tax being imposed before the contract is approved by the municipal corporation, including the part of local income tax revenue that is not required to be dedicated to providing property tax relief.

(c) A library board providing service shall expend all funds received under a contract for library services chargeable to the contract.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-6.1.]

As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012, SEC.250; P.L.104-2022, SEC.230.
Ind. Code § 36-1-13-2 — Indiana Code / Title 36 / Article 1 / Chapter 13 / Section 36-1-13-2
Program
Status: in_force

Sec. 2. As used in this chapter, "program" refers to a cost saving incentive program established by a political subdivision under this chapter.

As added by P.L.254-1993, SEC.1.
Ind. Code § 36-8-8-12.4 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-12.4
Election of coverage by IC 36-8-8-12.5 and IC 36-8-8-13.5
Status: in_force

Sec. 12.4. A fund member who is hired for the first time before January 1, 1990, may choose to be covered by sections 12.5 and 13.5 of this chapter (instead of section 13.3 of this chapter) if the fund member files an election with the system board before January 1, 1991. However, an election may not be filed after the fund member has a covered impairment. An election filed under this section is irrevocable.

As added by P.L.311-1989, SEC.8. Amended by P.L.35-2012, SEC.128.
Ind. Code § 36-9-30-36 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-36
Repealed
Status: repealed

As added by P.L.231-1991, SEC.1. Amended by P.L.1-1996, SEC.94. Repealed by P.L.40-1999, SEC.3.
Ind. Code § 36-7.5-4.5-20 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-20
South shore improvement and development fund; administration; account for each transit development district; distributions to the fund; uses
Status: in_force

Sec. 20. (a) If a district is established in a member county, the development authority shall create a south shore improvement and development fund. The development authority shall establish a separate account in the fund for each district. If more than one (1) municipality has territory within the district, a subaccount shall be established for each municipality. The fund shall be administered by the development authority. The development authority shall deposit in the appropriate district account in the fund all amounts received under this chapter from the following:

(1) Distributions of local income tax increment revenue from the state.

(2) Distributions of property tax increment revenue from counties.

(b) If a district is established in a cash participant county, the redevelopment commission having territory in the district shall create a south shore improvement and development fund. The fund shall be administered by the redevelopment commission. The redevelopment commission shall deposit in the fund all amounts received under this chapter from the following:

(1) Distributions of district local income tax increment revenue from the state.

(2) Distributions of district property tax increment revenue from the county auditor.

(c) The local income tax increment revenue and the local property tax increment revenue received by the development authority or redevelopment commission from each district shall be spent by the development authority or redevelopment commission on projects within the district from which the revenue was collected.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-9-13-27 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-27
Leases; notice and hearing; execution
Status: in_force

Sec. 27. (a) When a building authority and an eligible entity have agreed upon the terms and conditions of a proposed lease under section 23 of this chapter, a notice of a public hearing to be held in the county by the governing body of the eligible entity shall be given by publication to all interested persons. The notice of the hearing shall be published in accordance with IC 5-3-1. The notice must name the day, place, and hour of the hearing, and set forth a brief summary of the principal terms of the lease agreed upon, including the character of the property to be leased, the location of the property to be leased if the property is a government building, the estimated lease rental to be paid, and the number of years the lease is to be in effect.

(b) The proposed lease, a detailed description of the government building or system, and any drawings, plans, specifications, and estimates that are available for the government building or system shall be kept open for inspection by the public after the notice is published and at the hearing.

(c) At the hearing, all interested persons are entitled to be heard upon the necessity for the execution of the lease and whether the basis for the determination of the lease rental is fair and reasonable. The hearing may be adjourned to a later date or dates, with the place and date of the continued hearing to be fixed before adjournment.

(d) Following the hearing, the governing body may approve the proposed lease in substantially final form and authorize the execution of the lease within parameters established by the authority at the time the proposed lease is approved, as originally agreed upon or with any modifications that the authority agrees to. The governing body may rely on the testimony of independent experts as to the fairness and reasonableness of the lease. Such an authorization must be by resolution or ordinance entered in the official records of the governing body. The lease must be executed on behalf of the eligible entity by the officer or officers authorized by law to execute contracts on behalf of that entity, and on behalf of the authority by the president or vice president and the secretary of its board of directors.

[Pre-Local Government Recodification Citation: 19-8-4-12 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.45, SEC.47; P.L.37-1988, SEC.36; P.L.35-1990, SEC.65.
Ind. Code § 36-7-23-12 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-12
Vacancy on board of directors
Status: repealed

Sec. 12. The officials responsible for appointing members of the board shall fill a vacancy on the board among the members appointed under section 9 of this chapter by appointment for the unexpired term.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.12.
Ind. Code § 36-6-1.7-14 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-14
Merger requirements
Status: in_force

Sec. 14. (a) Using the process set forth in IC 36-6-1.5, each designated township, excluding any township that has commenced a merger or consolidation under IC 36-1.5-4 or IC 36-6-1.5 with another unit before July 1, 2027, must merge with at least one (1) other township government in the county. After all township mergers in accordance with this section are complete, a county must have at least two (2) townships. The following requirements apply to each merger:

(1) Except as provided in subdivision (2), at least one (1) township government that merges with a designated township must be a recipient township.

(2) If all townships in a county are designated townships, the county executive shall select two (2) of the designated townships participating in the merger to form a new township government to perform the functions of a recipient township.

(3) The merger must satisfy the contiguity requirements set forth in IC 36-6-1.5-4.

(b) The department may require a county executive to report actions taken by a county executive under subsection (a) to the department in a manner and on forms prescribed by the department.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-7-23-9 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-9
Board of directors
Status: in_force

Sec. 9. The powers of the authority are vested in a board of directors. The board is comprised of the following members:

(1) One (1) member appointed by the executive of each unit participating in the authority.

(2) One (1) member appointed by the fiscal body of each unit participating in the authority.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.9.
Ind. Code § 36-7-29-3 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-3
"District" defined
Status: in_force

Sec. 3. As used in this chapter, "district" refers to the special taxing district established by section 9 of this chapter.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-9-14-4 — Indiana Code / Title 36 / Article 9 / Chapter 14 / Section 36-9-14-4
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-3-83-2 part; 18-6-16-1 part.]

As added by Acts 1981, P.L.309, SEC.87. Amended by Acts 1981, P.L.317, SEC.12. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-1-20.2-13 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-13
Sheriff's employment of spouse as prison matron allowed
Status: in_force

Sec. 13. Unless the policy adopted under section 9 of this chapter provides otherwise, a sheriff's spouse may be employed as prison matron for the county under IC 36-8-10-5 and the spouse may be in the sheriff's direct line of supervision.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-9-40-11 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-11
Works board action on preliminary resolution; effect of modified or confirmed resolution
Status: in_force

Sec. 11. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for construction of the system, the works board may do any of the following:

(1) Confirm the preliminary resolution.

(2) Modify the preliminary resolution.

(3) Rescind the preliminary resolution.

(b) The preliminary resolution is final and conclusive on all parties if:

(1) the preliminary resolution is modified or confirmed under this section; and

(2) construction of the system is ordered.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-7.5-3-4 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-4
Development plan
Status: in_force

Sec. 4. (a) The development authority shall prepare a comprehensive strategic development plan that includes detailed information concerning the following:

(1) The proposed projects to be undertaken or financed by the development authority.

(2) The following information for each project included under subdivision (1):

(A) Timeline and budget.

(B) The return on investment.

(C) The projected or expected need for an ongoing subsidy.

(D) Any projected or expected federal matching funds.

(b) The development authority shall before January 1, 2008, submit the comprehensive strategic development plan for review by the budget committee and approval by the director of the office of management and budget.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-7-11.3-46 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-46
Zoning ordinance pertaining to primary or secondary property prohibited
Status: in_force

Sec. 46. (a) The development commission may not:

(1) approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to primary or secondary property; or

(2) adopt or amend an ordinance to the extent the ordinance pertains or applies to primary or secondary property;

until the events described in subsection (b) have occurred.

(b) The following must occur before the development commission may take action under subsection (a):

(1) Notice of the filing of the petition before the development commission has been given by the petitioner to all interested parties not later than ten (10) days after the filing.

(2) The matter has been referred to the commission, which has:

(A) considered the matter applying the standards stated in section 47 of this chapter and made a recommendation to the development commission; or

(B) failed to make a recommendation for a period of one hundred twenty (120) days following the referral of the matter to the commission for the commission's recommendations, unless the time has been extended by the development commission for good cause shown.

(3) A duly advertised public hearing on the matter has been held by the development commission.

(4) The conclusions stated in section 47 of this chapter have been established by substantial evidence of probative value.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(b) part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-11-10-3 — Indiana Code / Title 36 / Article 11 / Chapter 10 / Section 36-11-10-3
Penalty on delinquent rates and charges; civil action for recovery
Status: in_force

Sec. 3. If rates and charges are not paid within the time fixed by the governing body, the rates and charges become delinquent, and a penalty of ten percent (10%) of the amount of the rates and charges attaches to the rates and charges. The governing body may recover:

(1) the amount due;

(2) the penalty; and

(3) reasonable attorney's fees;

in a civil action in the name of the district.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-7-11.3-38 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-38
Filing of agreement before hearing; notice
Status: in_force

Sec. 38. A petitioner shall do the following:

(1) File an agreement signed under section 36 of this chapter, including a request for a public hearing, at least fourteen (14) days before the regular meeting of the commission at which the petitioner requests the hearing.

(2) On or before the date of the filing, serve in the manner that notices must be served under this chapter a copy of the request and the agreement upon the following:

(A) Each neighborhood association.

(B) Each interested party who, not later than five (5) days after the hearing for which the commission entered a temporary order concerning the zoning variance or the certificate of appropriateness sought by the petitioner, filed with the commission a request that the agreement or request be served upon the interested party.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(d).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-10-3-24 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-24
Bonds; purpose; denominations; interest exempt from taxation; limitations
Status: in_force

Sec. 24. (a) In order to raise money to pay for land to be acquired for any of the purposes named in this chapter, to pay for an improvement authorized by this chapter, or both, and in anticipation of the special benefit tax to be levied as provided in this chapter, the board shall cause to be issued, in the name of the unit, the bonds of the district. The bonds may not exceed in amount the total cost of all land to be acquired and all improvements described in the resolution, including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the costs of supervision and inspection during the period of construction of a work. The expenses to be covered in the bond issue include all expenses of every kind actually incurred preliminary to acquiring the land and the construction of the work, such as the cost of the necessary record, engineering expenses, publication of notices, preparation of bonds, and other necessary expenses. If more than one (1) resolution or proceeding of the board under section 23 of this chapter is confirmed whereby different parcels of land are to be acquired, or more than one (1) contract for work is let by the board at approximately the same time, the cost involved under all of the resolutions and proceedings may be included in one (1) issue of bonds.

(b) The bonds may be issued in any denomination not less than one thousand dollars ($1,000) each, in not less than five (5) nor more than forty (40) annual series. The bonds are payable one (1) series each year, beginning at a date after the receipt of taxes from a levy made for that purpose. The bonds are negotiable. The bonds may bear interest at any rate, payable semiannually. After adopting a resolution ordering bonds, the board shall certify a copy of the resolution to the unit's fiscal officer. The fiscal officer shall prepare the bonds, and the unit's executive shall execute them, attested by the fiscal officer.

(c) The bonds and the interest on them are exempt from taxation as prescribed by IC 6-8-5-1. Bonds issued under this section are subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to:

(1) the filing of a petition requesting the issuance of bonds;

(2) the right of:

(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or

(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a);

(3) the appropriation of the proceeds of the bonds and approval by the department of local government finance; and

(4) the sale of bonds at:

(A) a public sale for not less than their par value; or

(B) a negotiated sale.

(d) The board may not have bonds of the district issued under this section that are payable by special taxation when the total issue for that purpose, including the bonds already issued or to be issued, exceeds two percent (2%) of the adjusted value of the taxable property in the district as determined under IC 36-1-15. All bonds or obligations issued in violation of this subsection are void. The bonds are not obligations or indebtedness of the unit, but constitute an indebtedness of the district as a special taxing district. The bonds and interest are payable only out of a special tax levied upon all the property of the district as prescribed by this chapter. The bonds must recite the terms upon their face, together with the purposes for which they are issued.

[Pre-Local Government Recodification Citation: 19-7-4-40.]

As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.6-1997, SEC.232; P.L.90-2002, SEC.517; P.L.219-2007, SEC.144; P.L.146-2008, SEC.793; P.L.125-2018, SEC.8; P.L.38-2021, SEC.104; P.L.236-2023, SEC.212; P.L.230-2025, SEC.148.
Ind. Code § 36-7-31.6-7 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-7
Resolution; allocation of taxes to professional sports development area fund
Status: in_force

Sec. 7. (a) A tax area must be established by resolution. A resolution establishing a tax area may provide for the allocation of covered taxes attributable to a taxable event or covered taxes earned in the tax area to the professional sports development area fund established for the city. The allocation provision must apply to the part of the tax area covered by this section. The resolution must provide that the tax area terminates not later than forty (40) years from the date the first obligation payable from covered taxes is incurred by the board. Covered taxes may not be collected in the tax area until after the earlier of June 30, 2027, or the date on which all the conditions set forth in this chapter are met. Any covered taxes attributable to a taxable event or covered taxes earned in the tax area shall be allocated to the professional sports development area fund established for the board.

(b) All of the salary, wages, bonuses, and other compensation that are:

(1) paid during a taxable year to a professional athlete for professional athletic services;

(2) taxable in Indiana; and

(3) earned in the tax area;

shall be allocated to the tax area if the professional athlete is a member of a team that plays home games at a capital improvement in the tax area.

(c) The resolution establishing the tax area must designate the facilities and the sites of the facilities, for which the tax area is established and covered taxes will be used.

(d) The department may adopt rules and guidelines to govern the allocation of covered taxes to the tax area and to adopt withholding requirements in the manner authorized under IC 6-3-4-8.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-7.6-1-9 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-9
"Development board"
Status: in_force

Sec. 9. "Development board" refers to the governing body of a development authority appointed under IC 36-7.6-2-3.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-2-12-4 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-4
Legal action on days office is closed
Status: in_force

Sec. 4. A legal action required to be taken in the surveyor's office on a day when the surveyor's office is closed under section 3 of this chapter may be taken on the next day the surveyor's office is open.

[Pre-Local Government Recodification Citation: 17-3-2-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.86.
Ind. Code § 36-7.7-3-3 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-3
Preliminary strategic economic development plan
Status: in_force

Sec. 3. Units that wish to establish a development authority under this chapter must prepare and adopt a preliminary strategic economic development plan that includes provisions and general information concerning the following:

(1) The participating members of the development authority.

(2) The membership of the strategy committee under section 5 of this chapter.

(3) A timeline for submitting the comprehensive development plan under section 4 of this chapter.

(4) A strategy for attracting (or any projected) investments, grants, matching funds, or local tax revenue.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-1-10-10 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-10
Plans, specifications, and estimates for structures, systems, and transportation projects
Status: in_force

Sec. 10. (a) A lessor proposing to build, acquire, improve, remodel, or expand a structure for lease to a political subdivision or agency shall submit plans, specifications, and estimates to the leasing agent before executing a lease. The leasing agent shall submit the plans and specifications to the department of homeland security or the state building commissioner, and other agencies designated by law.

(b) A lessor proposing to acquire a transportation project or system may enter into a lease without submitting plans, designs, or specifications to any political subdivision or agency. However, before the execution of the lease, the lessor must submit to the lessee or lessees an estimate of the cost and a description of the transportation project or system.

[Pre-Local Government Recodification Citation: 18-5-3.3-4.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.8-1984, SEC.122; P.L.37-1988, SEC.14; P.L.188-1988, SEC.1; P.L.343-1989(ss), SEC.17; P.L.1-2006, SEC.552; P.L.218-2014, SEC.19; P.L.187-2021, SEC.136.
Ind. Code § 36-1-10-13 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-13
Hearing; procedure; execution of lease
Status: in_force

Sec. 13. (a) After the leasing agent and the lessor have agreed upon the terms and conditions of the lease but before the execution of the lease, the leasing agent shall publish notice, in accordance with IC 5-3-1, of a public hearing to be held before the leasing agent. The cost of the publication of the notice shall be paid by the lessor. Notice of the hearing must be given at least ten (10) days before the hearing is held.

(b) The notice must state the date, place, and hour of the hearing and provide a summary of the principal terms of the lease. Additionally, the notice must contain the name of the proposed lessor, the location and character of the structure, transportation project, or system to be leased, the rental to be paid, and the number of years the lease is to be in effect.

(c) The proposed lease, drawings, plans, specifications, and estimates for the structure, or description and cost estimate of the transportation project or system, are open to public inspection during the ten (10) day period and at the hearing.

(d) All persons are entitled to be heard at the hearing as to whether the execution of the lease is necessary and whether the rental is fair and reasonable for the proposed structure or system. After the hearing, which may be adjourned from time to time, the leasing agent may modify, confirm, or rescind the proposed lease, but the rental as set out in the published notice may not be increased. The leasing agent may rely on the testimony of independent experts as to the fairness and reasonableness of the lease.

(e) If the execution of the lease as originally agreed upon or as modified is authorized by the leasing agent, the leasing agent shall give notice of the execution of the lease by publication in accordance with IC 5-3-1.

[Pre-Local Government Recodification Citation: 18-5-3.3-7 part.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.74-1987, SEC.20; P.L.37-1988, SEC.16; P.L.343-1989(ss), SEC.19; P.L.25-1995, SEC.82.
Ind. Code § 36-7-24-10 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-10
Operation and maintenance of facilities
Status: in_force

Sec. 10. An authority may construct, purchase, lease, or pay operation and maintenance costs of a facility.

As added by P.L.223-1991, SEC.1.
Ind. Code § 36-7.5-3-5.4 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-5.4
Northwest Indiana plan; goals for employment and retention of employees for work on development projects; reporting requirements
Status: in_force

Sec. 5.4. (a) For purposes of this section, "northwest Indiana plan" refers to the activities of the Indiana plan for equal employment in its northwest Indiana region.

(b) Subject to subsection (c), the development authority shall set a goal to achieve employment and retention of employees from certain northwest Indiana cities for work on development authority projects. The goal must be to attain, by not later than January 1, 2020, a workforce for each project that consists of at least twenty percent (20%) of employees who are individuals who reside in cities that:

(1) are within the boundaries of the development authority; and

(2) have an unemployment rate that exceeds the state unemployment rate by more than twenty percent (20%).

(c) The goal set forth in subsection (b) applies:

(1) to development authority investments of state and local funds on capital projects that require construction or demolition; and

(2) unless attainment of the goal is inconsistent with any federal or state law or regulation.

(d) The development authority shall before November 1 of each year issue a report to the legislative council, the budget committee, and the governor concerning the operations and activities of the development authority during the preceding state fiscal year as indicated in section 3 of this chapter. In addition, the development authority shall report on progress toward meeting the goal set forth in subsection (b) for the previous year and report any obstacles to achieving the goal set forth in subsection (b) and the use of the northwest Indiana plan in the report to the legislative council. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.192-2015, SEC.13.
Ind. Code § 36-10-8-20 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-20
Dissolution of boards created under IC 18-7-18; escheat of funds
Status: in_force

Sec. 20. (a) This section applies only to a board that was created under IC 18-7-18 (before its repeal on February 24, 1982).

(b) If the board is dissolved voluntarily or involuntarily, any funds in the possession of the board or to the credit of the board in the possession of the state escheat to the general fund of the county.

As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.3-1990, SEC.149.
Ind. Code § 36-5-1.1-5 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-5
Parties; remonstrance against dissolution; dismissal of petition
Status: in_force

Sec. 5. The recipients of the notice required by section 3 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for dissolution shall be dismissed if at any time during the dissolution proceedings, including an appeal, the county executive or a court hearing an appeal is presented with a verified remonstrance against dissolution, signed by at least twenty-five percent (25%) of the town's voters registered at the last general election. The executive or court may determine the validity of the remonstrance by submitting it to the clerk of the circuit court for the county where the voter resides for verification.

As added by P.L.342-1987, SEC.2.
Ind. Code § 36-8-8-5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-5
System board; powers and duties; appeals; personnel; confidentiality of fund records
Status: in_force

Sec. 5. (a) The system board shall:

(1) determine eligibility for and make payments of benefits, except as provided in section 12 of this chapter;

(2) in accordance with the powers and duties granted it in IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and IC 5-10.5-5, administer the 1977 fund;

(3) provide by rule for the implementation of this chapter; and

(4) authorize deposits.

(b) A determination by the system board may be appealed under the procedures in IC 4-21.5.

(c) The powers and duties of the director appointed by the system board, the actuary of the system board, and the attorney general, with respect to the 1977 fund, are those specified in IC 5-10.3-3, IC 5-10.3-4, and IC 5-10.5.

(d) The system board may hire additional personnel, including hearing officers, to assist it in the implementation of this chapter.

(e) The 1977 fund records of individual members and membership information are confidential, except for the name and years of service of a 1977 fund member.

(f) After July 1, 2022, if the system board determines that a new police officer or firefighter in PERF should be a member of the 1977 fund, the system board shall require the employer to:

(1) transfer the member into the 1977 fund; and

(2) contribute the amount that the system board determines is necessary to fund fully the member's service credit in the 1977 fund for all service earned as a police officer or firefighter in PERF.

[Pre-Local Government Recodification Citations: 19-1-17.8-3; 19-1-36.5-3.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.5-1988, SEC.219; P.L.5-1990, SEC.21; P.L.94-2004, SEC.8; P.L.99-2010, SEC.11; P.L.35-2012, SEC.117; P.L.85-2022, SEC.5.
Ind. Code § 36-1.5-4.1-8 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-8
"Township office"
Status: in_force

Sec. 8. As used in this chapter, "township office" refers to any of the following:

(1) The office of township trustee elected as provided in IC 36-6-4-2.

(2) The office of township assessor elected as provided in IC 36-6-5-1 (if the office exists).

(3) The office of a member of the township board elected as provided in IC 36-6-6-2.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-1-3.5-10 — Indiana Code / Title 36 / Article 1 / Chapter 3.5 / Section 36-1-3.5-10
Transfer to county executive of Porter County
Status: in_force

Sec. 10. (a) This section applies to Porter County.

(b) Jurisdiction over the following local matter, which before the 1981 regular session of the general assembly has been the subject of statutory concern, is transferred to the executive of the county:

County purchasing agency (formerly governed by IC 17-2-77).

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.149; P.L.170-2002, SEC.136; P.L.119-2012, SEC.176.
Ind. Code § 36-10-7.5-6 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-6
Park governor; powers and duties
Status: in_force

Sec. 6. The park governor shall do the following:

(1) Exercise general supervision of and make rules for the department.

(2) Establish rules governing the use of the park and recreation facilities by the public.

(3) Provide police protection for park property and activities, either by requesting assistance from state, municipal, or county police authorities, or by having specified employees deputized as police officers. The deputized employees, however, are not eligible for police pension benefits or other emoluments of police officers.

(4) Appoint the necessary administrative officers of the department and fix their duties.

(5) Establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics.

(6) Make recommendations and an annual report to the legislative body concerning the operation of the department and the status of park and recreation programs in the township.

(7) Prepare and submit an annual budget in the same manner as other budgets of the township.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.9.
Ind. Code § 36-8-8-13.6 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-13.6
"Class 3 excludable condition"; rules; recording and retaining listing of condition
Status: in_force

Sec. 13.6. (a) As used in this chapter, "Class 3 excludable condition" means a condition that is included on the list of excludable medical conditions established by the system board under subsection (b).

(b) The system board shall adopt rules to establish a list of excludable medical conditions.

(c) To the extent required by the Americans with Disabilities Act, the system board shall record and retain the listing of a fund member's Class 3 excludable condition in the fund member's confidential medical file.

As added by P.L.4-1992, SEC.51. Amended by P.L.23-2011, SEC.29.
Ind. Code § 36-7-11.3-11 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-11
"Secondary property" defined
Status: in_force

Sec. 11. As used in this chapter, "secondary property" means property within an area designated as a secondary area by the legislative body.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-4-1-4 — Indiana Code / Title 36 / Article 4 / Chapter 1 / Section 36-4-1-4
Repealed
Status: repealed

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

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.2, SEC.15; Acts 1981, P.L.44, SEC.39; P.L.5-1986, SEC.42; P.L.3-1987, SEC.553; P.L.12-1995, SEC.127; P.L.3-1997, SEC.453; P.L.68-2003, SEC.1. Repealed by P.L.111-2005, SEC.8.
Ind. Code § 36-2-3.5-4 — Indiana Code / Title 36 / Article 2 / Chapter 3.5 / Section 36-2-3.5-4
Executive powers and duties
Status: in_force

Sec. 4. (a) All powers and duties of the county that are executive or administrative in nature shall be exercised or performed by its executive, except to the extent that these powers and duties are expressly assigned to other elected officers.

(b) The executive shall:

(1) report the state of the county annually before March 1 to the county legislative body and to the people of the county;

(2) recommend annually before March 1 to the legislative body whatever action or program it considers necessary for the improvement of the county and the welfare of its residents;

(3) submit to the legislative body an annual budget in accordance with IC 36-2-5;

(4) establish the procedures to be followed by all county departments, offices, and agencies under its jurisdiction to the extent these procedures are not expressly assigned to other elected officers;

(5) administer all statutes applicable to the county, and its ordinances and regulations, to the extent these matters are not expressly assigned to other elected officers;

(6) supervise the care and custody of all county property;

(7) supervise the collection of revenues and control all disbursements and expenditures, and prepare a complete account of all expenditures, to the extent these matters are not expressly assigned to other elected officers;

(8) review, analyze, and forecast trends for county services and finances, and programs of all county governmental entities, and report and recommend on these to the legislative body by March 15 each year;

(9) negotiate contracts for the county;

(10) make recommendations concerning the nature and location of county improvements, and provide for the execution of those improvements;

(11) supervise county administrative offices except for the offices of elected officers; and

(12) perform other duties and functions that are imposed on it by statute or ordinance.

(c) The executive may:

(1) order any agency under its jurisdiction to undertake any task for any other agency under its jurisdiction on a temporary basis, if necessary for the proper and efficient administration of county government;

(2) approve or veto ordinances passed by the legislative body, in the manner prescribed by IC 36-2-4-8; and

(3) establish and administer centralized budgeting, centralized personnel selection, and centralized purchasing.

[Pre-Local Government Recodification Citation: 17-1-28-3 part.]

As added by Acts 1981, P.L.11, SEC.147.
Ind. Code § 36-2-15-3 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-3
Location of office; business hours and days
Status: in_force

Sec. 3. (a) Subject to subsection (b), the assessor shall keep the assessor's office in a building provided at the county seat by the county executive. The assessor shall keep the office open for business during regular business hours on every day of the year except Sundays and legal holidays. However, the assessor may close the office on days specified by the county executive according to custom and practice of the county.

(b) After June 30, 2008, the county assessor may establish one (1) or more satellite offices in the county.

[Pre-Local Government Recodification Citation: 17-3-2-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.146-2008, SEC.692.
Ind. Code § 36-12-10-4 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-4
Provisions of lease
Status: in_force

Sec. 4. (a) All contracts of lease must provide that:

(1) the municipal corporation or corporations have an option to renew the lease for a further term, with like conditions; or

(2) the property covered by the lease may be purchased after six (6) years from the execution of the lease and before the expiration of the term of the lease, on the date or dates in each year that are fixed, at a price equal to the amount required to enable the lessor corporation owning the site to:

(A) liquidate by paying all indebtedness, with accrued and unpaid interest; and

(B) recover the expenses and charges of liquidation.

(b) However, the purchase price prescribed by subsection (a)(2) may not exceed the capital actually invested in the property by the lessor corporation represented by outstanding securities or indebtedness plus the cost of transferring the property and liquidating the lessor corporation.

(c) A lease may not provide that any municipal corporation is under an obligation to purchase the leased library facilities or under an obligation in respect to the creditors, members, or other security holders of the lessor corporation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-4.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.51.
Ind. Code § 36-7-4-1308 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1308
"Infrastructure" defined
Status: in_force

Sec. 1308. As used in this series, "infrastructure" means the capital improvements that:

(1) comprise:

(A) a sanitary sewer system or wastewater treatment facility;

(B) a park or recreational facility;

(C) a road or bridge;

(D) a drainage or flood control facility; or

(E) a water treatment, water storage, or water distribution facility;

(2) are:

(A) owned solely for a public purpose by:

(i) a unit; or

(ii) a corporation created by a unit; or

(B) leased by a unit solely for a public purpose; and

(3) are included in the zone improvement plan of the impact zone in which the capital improvements are located.

The term includes site improvements or interests in real property needed for a facility listed in subdivision (1).

As added by P.L.221-1991, SEC.9.
Ind. Code § 36-10-9-15 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-15
General obligation bonds
Status: in_force

Sec. 15. (a) A capital improvement may be financed in whole or in part by the issuance of general obligation bonds of the county.

(b) If the board desires to finance a capital improvement in whole or in part as provided in this section, it shall have prepared a resolution to be adopted by the board of commissioners of the county authorizing the issuance of general obligation bonds. The resolution must state the date or dates on which the principal of the bonds is payable, the maximum interest rate to be paid, and the other terms upon which the bonds shall be issued. The board shall submit the proposed resolution to the city-county legislative body for approval under IC 36-3-6-9, together with a certificate to the effect that the issuance of bonds in accordance with the resolution will be in compliance with this section. The certificate must also state the estimated annual net income of the capital improvement to be financed by the bonds, the estimated annual tax revenues, and the maximum amount payable in any year as principal and interest on the bonds issued under this chapter, including the bonds proposed to be issued, at the maximum interest rate set forth in the resolution. The bonds issued may mature over a period not exceeding forty (40) years from the date of issue.

(c) If the city-county legislative body approves the issuance of bonds under IC 36-3-6-9, the board shall submit the resolution to the executive of the consolidated city, who shall review the resolution. If the executive approves the resolution, the board shall take all action necessary to issue the bonds in accordance with the resolution. An action to contest the validity of bonds issued under this section and sold at a public sale may not be brought after the fifteenth day following the receipt of bids for the bonds.

(d) The provisions of all general statutes relating to:

(1) the filing of a petition requesting the issuance of bonds and giving notice;

(2) the right of:

(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or

(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a);

(3) the giving of notice of the determination to issue bonds;

(4) the giving of notice of a hearing on the appropriation of the proceeds of bonds;

(5) the right of taxpayers to appear and be heard on the proposed appropriation;

(6) the approval of the appropriation by the department of local government finance; and

(7) the sale of bonds at a public sale for not less than par value or at a negotiated sale;

are applicable to the issuance of bonds under this section.

As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.90-2002, SEC.521; P.L.219-2007, SEC.147; P.L.146-2008, SEC.797; P.L.182-2009(ss), SEC.459; P.L.125-2018, SEC.11; P.L.38-2021, SEC.106; P.L.236-2023, SEC.214; P.L.230-2025, SEC.150.
Ind. Code § 36-8-8.5-7 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-7
"DROP frozen benefit"
Status: in_force

Sec. 7. As used in this chapter, "DROP frozen benefit" means a member's monthly retirement benefit calculated under the provisions of the applicable fund and based on:

(1) the salary of a first class officer or firefighter that is in effect on the member's DROP entry date; and

(2) the member's years of service accrued on the member's DROP entry date.

As added by P.L.62-2002, SEC.5.
Ind. Code § 36-8-3.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-4
Approval or rejection of system by members; notice; voting; subsequent proposals
Status: in_force

Sec. 4. (a) Within sixty (60) days after the adoption of an ordinance or resolution establishing a merit system, the safety board or governing board shall give at least three (3) weeks' notice to all active members of the department that a meeting will be held to approve or reject the merit system. The notice shall be given by posting it in prominent places in all stations of the department. The notice must designate the time, place, and purpose of the meeting.

(b) A copy of the ordinance or resolution shall be distributed to each active member of the department at least one (1) week before the date of the meeting.

(c) Only active members of the department may attend the meeting, and at the meeting one (1) of them shall be selected as chair. All voting must be by secret written ballot. The other procedures for holding the meeting may be determined by the safety board or governing board and shall be posted in accordance with subsection (a).

(d) If a majority of the active members of the department vote to approve the merit system, the merit system takes effect on January 1 following the vote. Appointments to the merit commission shall be made by March 1 following that January 1.

(e) If a majority of the active members of the department vote to reject the merit system, another proposal may not be put to a vote within one (1) year after the day the meeting is held.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.3; P.L.127-2017, SEC.227; P.L.207-2023, SEC.11.
Ind. Code § 36-7-11.2-67 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-67
Cumulative nature of chapter
Status: in_force

Sec. 67. This chapter is cumulative to and does not supersede, preempt, or invalidate a zoning, building, health, or other law, ordinance, or code in effect as of April 16, 1971, except to the extent the law, ordinance, or code is in irreconcilable conflict with this chapter. If an irreconcilable conflict exists, only those parts of the law, ordinance, or code that conflict with this chapter are inapplicable as the parts pertain to the subject matter of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-24.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-2.5-33 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-33
Consumer legal action not barred
Status: in_force

Sec. 33. Nothing in this chapter shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-9-31-19 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-19
Facilities financing methods
Status: in_force

Sec. 19. The facilities, or any part of them, to be financed under this chapter, may be financed by any one (1) or more or any combination of one (1) or more of the methods provided for in this chapter.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-9-36-20 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-20
Improvements on streets occupied by railroad tracks; procedure
Status: in_force

Sec. 20. (a) This section does not apply to a county.

(b) If the track of a railroad, an interurban, or an interurban street railroad occupies part of a street that is ordered improved under this chapter, the works board may, on petition of the railroad, provide in the plans and specifications for the improvement for a different material and plan of construction for the part of the street occupied by the railroad.

(c) If the railroad is bound by contract to improve or pay the cost of improving the part of the street occupied by the railroad, the railroad is entitled to construct all of that part of the improvement if the railroad does the following:

(1) Elects to do so by written notice filed as follows:

(A) With the works board or other department of the unit having power to order the improvement.

(B) At any time before the adoption of the final resolution or ordinance providing for the improvement.

(2) On request of the works board or other department of the unit, files with the board or other department a bond in the amount and with the surety required by the works board or other department. The bond must be conditioned on the railroad's improvement of that part of the street:

(A) according to the plans and specifications;

(B) within the required time; and

(C) to the satisfaction of the engineer of the unit in charge of the work.

(d) The works board may issue a written improvement order requiring a railroad, an interurban, or an interurban street railroad to comply with IC 8-6-12.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-14-31 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-31
Urban renewal plans
Status: in_force

Sec. 31. An urban renewal project undertaken under this chapter must be undertaken in accordance with an urban renewal plan for the area of the project. For purposes of this chapter, an urban renewal plan is a plan for an urban renewal project that:

(1) conforms to the general plan for the municipality or county as a whole; and

(2) is sufficiently complete to indicate:

(A) land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation proposed to be carried out in the area of the urban renewal project;

(B) zoning and planning changes, if any;

(C) land uses;

(D) maximum densities;

(E) building requirements; and

(F) the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

[Pre-Local Government Recodification Citations: 18-7-7-30; 18-7-7.1-30.]

As added by Acts 1981, P.L.309, SEC.33.
Ind. Code § 36-9-26-1 — Indiana Code / Title 36 / Article 9 / Chapter 26 / Section 36-9-26-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

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

As added by Acts 1981, P.L.309, SEC.100.
Ind. Code § 36-4-9-12 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-12
Head of department of law; powers and duties; employment of other attorneys
Status: in_force

Sec. 12. The head of the department of law shall:

(1) manage the legal affairs of the city;

(2) prosecute violators of city ordinances;

(3) give legal advice to the officers, departments, boards, commissions, and other agencies of the city;

(4) draft ordinances or other legal papers for the city and its departments, boards, commissions, and other agencies when requested by the proper officer;

(5) maintain custody of the records of the department head's office and turn them over to the department head's successor in office;

(6) make all title searches and examine all abstracts required in public work of any kind, including opening, widening, or changing a street, alley, or public place;

(7) promptly commence all proceedings necessary or advisable for the protection or enforcement of the rights of the city or the public;

(8) use all diligence to collect costs, fees, and recoveries within the scope of the department head's duties;

(9) report, in writing, to the city executive all matters that the department head considers important; and

(10) report, in writing, to the city fiscal officer all judgments for which the city is liable.

Officers, departments, boards, commissions, and other agencies of the city may not employ attorneys without the authorization of the head of the department of law.

[Pre-Local Government Recodification Citations: Part new; 18-1-6-13 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.25; P.L.127-2017, SEC.137.
Ind. Code § 36-2-17-16 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-16
Assessment rolls and tax duplicates destroyed; new assessments and appraisals; proceedings to collect taxes due
Status: in_force

Sec. 16. If the assessment rolls and tax duplicates of a county are destroyed, the county executive shall cause new assessments and appraisals to be made, in the same manner and under the same regulations that they were originally made, and shall conduct all proceedings necessary to enable the treasurer to collect all taxes due in the county.

[Pre-Local Government Recodification Citation: 5-15-8-24.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-3-5.5-4 — Indiana Code / Title 36 / Article 3 / Chapter 5.5 / Section 36-3-5.5-4
Recurring training requirements
Status: in_force

Sec. 4. An individual shall fulfill the training requirements established by section 2 of this chapter for each four (4) year period during which the individual holds an office described in section 1 of this chapter.

As added by P.L.257-2019, SEC.110.
Ind. Code § 36-5-4-5 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-5
Repealed
Status: repealed

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

As added by Acts 1980, P.L.212, SEC.4. Repealed by Acts 1980, P.L.73, SEC.23.
Ind. Code § 36-12-2-2 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-2
Municipal corporation; taxing unit
Status: in_force

Sec. 2. (a) A Class 1 public library is a municipal corporation, known as __________ Public Library.

(b) In the name of the Class 1 public library under subsection (a), the public library may:

(1) contract and be contracted with; and

(2) sue and be sued in court.

(c) Each public library constitutes an independent taxing unit for purposes of IC 6-1.1-1-21.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-2.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-2.5-38 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-38
Conflict with federal law or impairment of receipt of federal funds
Status: in_force

Sec. 38. To the extent that a provision of this chapter conflicts with requirements of federal laws or regulations, or impairs a unit's receipt of federal funds, the provision shall not apply.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-1-4-3 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-3
Power to sue and be sued
Status: in_force

Sec. 3. A unit may sue and be sued.

[Pre-Local Government Recodification Citations: 18-1-1.5-2(1); 18-3-1-21 part; 18-4-2-1 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-4-219 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-219
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-4-219; 18-7-5-7 part; 18-7-5-12 part.]

As added by Acts 1981, P.L.309, SEC.23. Repealed by Acts 1981, P.L.310, SEC.94.
Ind. Code § 36-7-32.6-12 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-12
"Professional sports development area"
Status: in_force

Sec. 12. As used in this chapter. "professional sports development area" means the northwest Indiana professional sports development area that may be established under IC 36-7-31.6.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-6-1.5-2 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-2
"Former township government"
Status: in_force

Sec. 2. As used in this chapter, "former township government" means a township government that merges with at least one (1) other township government under this chapter.

As added by P.L.240-2005, SEC.3.
Ind. Code § 36-9-36-8 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-8
Notice of hearing on preliminary resolution; publication; mailing to property owners
Status: in_force

Sec. 8. (a) Notice of a hearing on the preliminary resolution shall be published in accordance with IC 5-3-1. The notice must state that the works board has adopted the preliminary resolution and the time and place at which the works board will do the following:

(1) Hear all interested persons.

(2) Decide whether the benefits to the property liable to be assessed for the improvement will equal the estimated cost of the improvement.

(b) A notice containing the information required under subsection (a) shall be sent to each property owner affected by the proposed improvement. The mailing of the notice complies with this subsection if the mailing is to owners as the owners appear in the records of the assessor of the county in which the property is located.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-3-9 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-9
Board; quorum; approval of actions
Status: in_force

Sec. 9. (a) A majority of the members appointed to the board constitutes a quorum for a meeting.

(b) Except as provided in subsection (c), the board may act officially by an affirmative vote of a majority of those present at the meeting at which the action is taken.

(c) If the authority includes Lake County, then:

(1) an affirmative vote of a majority of the board is necessary for an action to be taken; and

(2) a vacancy in membership does not impair the right of a quorum to exercise all rights and perform all duties of the board.

[Pre-Local Government Recodification Citation: 19-5-2.5-7 part.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.90-1999, SEC.4; P.L.114-2005, SEC.2; P.L.1-2006, SEC.585; P.L.169-2006, SEC.80; P.L.1-2007, SEC.246; P.L.182-2009(ss), SEC.449; P.L.121-2016, SEC.38; P.L.104-2022, SEC.208.
Ind. Code § 36-5-2-5 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-5
Representation by district, at large, or both
Status: in_force

Sec. 5. (a) The legislative body has:

(1) one (1) member for each district established under:

(A) IC 36-5-1-10.1; or

(B) section 4.1 or 4.2 of this chapter; or

(2) the number of members provided for when the town adopted an ordinance under section 4.1 of this chapter abolishing town legislative body districts.

(b) The legislative body shall provide by ordinance that its members:

(1) are to be elected by the voters of the district in which they reside;

(2) are to be elected at large by the voters of the whole town; or

(3) are to be elected both by districts and at-large.

(c) If a town legislative body adopts an ordinance under this section providing that its members are to be elected both by districts and at-large, the ordinance must:

(1) specify which seats on the legislative body are elected by the voters of a district and which are elected by the voters of the whole town; and

(2) provide that the ordinance is effective on January 1 following its adoption.

[Pre-Local Government Recodification Citation: 18-3-1-16 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1982, P.L.33, SEC.27; P.L.11-1988, SEC.13; P.L.7-1990, SEC.63.
Ind. Code § 36-12-2-26 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-26
Dissolution
Status: in_force

Sec. 26. (a) Dissolution of a library district is initiated when the legislative body of each municipality, township, or county that is a part of the district and library board of the district adopt identical resolutions proposing to dissolve the district by an affirmative vote of a majority of the voting members of each legislative body and library board.

(b) Copies of the resolutions adopted under subsection (a) shall be filed not later than ten (10) days after the resolution is adopted with:

(1) the state library; and

(2) the county recorder of each county in which the library district is located.

(c) A dissolution does not take effect until:

(1) all legal and fiscal obligations of the library district have been satisfied;

(2) the assets of the district have been distributed; and

(3) a notice is filed with the agencies listed in subsection (b), indicating that the actions described in subdivisions (1) and (2) have been completed and the dissolution is final.

As added by P.L.113-2010, SEC.161.
Ind. Code § 36-8-11-0.1 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The addition of section 26 of this chapter by P.L.83-1998 applies only to purchases that occur after June 30, 1998.

As added by P.L.220-2011, SEC.675.
Ind. Code § 36-9-29-20 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-20
Contracts; letting procedure
Status: in_force

Sec. 20. (a) All contracts of the flood control district for the construction of flood control works shall be let by the flood control board under the statutes concerning the letting of contracts for public improvements by the works board of the city. The flood control board may let one (1) contract for the entire works or separate contracts for parts of the works.

(b) All contracts shall be awarded to the lowest and best bidder. However, a contract may not be let at a bid higher than the cost of the work, as shown by the estimates previously adopted and filed, unless approved by the circuit court on petition of the flood control board.

(c) All contracts must be in writing and signed by the flood control board's president or vice president and by its executive secretary.

(d) The validity of a contract may be questioned only in an action to enjoin the execution of the contract, filed within ten (10) days after the date of its execution.

[Pre-Local Government Recodification Citation: 19-4-18-12 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-9-13-10 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-10
Trustees; adoption of rules; records; additional meetings
Status: in_force

Sec. 10. (a) The trustees may adopt rules and bylaws governing their procedure.

(b) The proceedings of the trustees shall be recorded in a book provided for that purpose.

(c) In addition to their meetings under section 9 of this chapter, the trustees may hold regular and special meetings as often as is necessary to perform their duties under this chapter.

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

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-10-16-21 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-21
Bylaws and rules
Status: in_force

Sec. 21. The board shall adopt the bylaws and rules that the board considers necessary for the proper conduct of the board's duties and the safeguarding of the commission's funds and property.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-6-6-10 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-10
Compensation of officers and employees; determining increases or decreases in compensation
Status: in_force

Sec. 10. (a) This section does not apply to the appropriation of money to pay a deputy or an employee of a township assessor with assessment duties or to an elected township assessor.

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

(1) Payment of an insurance premium.

(2) Payments in recognition of:

(A) longevity;

(B) professional certifications; or

(C) educational advancements;

that are separately identified on a salary ordinance or resolution.

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

(c) The township legislative body shall fix the compensation of all officers and employees of the township. Compensation shall be established using an annual, monthly, or biweekly salary schedule. An elected township officer is not required to report hours worked and may not be compensated based on the number of hours worked.

(d) Subject to subsection (e), the township legislative body may reduce the salary of an elected or appointed official. However, except as provided in subsection (i), the official is entitled to a salary that is not less than the salary fixed for the first year of the term of office that immediately preceded the current term of office.

(e) Except as provided in subsection (i), the township legislative body may not alter the salaries of elected or appointed officers during the fiscal year for which they are fixed, but it may add or eliminate any other position and change the salary of any other employee, if the necessary funds and appropriations are available.

(f) If a change in the mileage allowance paid to state officers and employees is established by July 1 of any year, that change shall be included in the compensation fixed for the township executive and assessor under this section, to take effect January 1 of the next year. However, the township legislative body may by ordinance provide for the change in the sum per mile to take effect before January 1 of the next year.

(g) The township legislative body may not reduce the salary of the township executive without the consent of the township executive during the term of office of the township executive as set forth in IC 36-6-4-2.

(h) This subsection applies when a township executive dies or resigns from office. The person filling the vacancy of the township executive shall receive at least the same salary the previous township executive received for the remainder of the unexpired term of office of the township executive (as set forth in IC 36-6-4-2), unless the person consents to a reduction in salary.

(i) In a year in which there is not an election of members to the township legislative body, the township legislative body may vote to reduce the salaries of the members of the township legislative body by any amount.

[Pre-Local Government Recodification Citations: 17-4-28-1.1; 17-4-28-1.3.]

As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980, P.L.125, SEC.27; P.L.352-1983, SEC.1; P.L.196-1984, SEC.1; P.L.319-1995, SEC.1; P.L.21-2002, SEC.2; P.L.169-2006, SEC.56; P.L.146-2008, SEC.713; P.L.6-2013, SEC.2; P.L.209-2019, SEC.16.
Ind. Code § 36-8-2-13 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-13
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-1-1.5-6(d) part; 18-1-1.5-7 part; 18-1-1.5-14 part.]

As added by Acts 1980, P.L.211, SEC.3. Repealed by P.L.277-2019, SEC.10.
Ind. Code § 36-8-7-22 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-22
Exemption of fund from judicial process; authorized expenditures; reimbursement of employers; withholding payments
Status: in_force

Sec. 22. (a) The 1937 fund may not be, either before or after an order for distribution to members of the fire department or to the surviving spouses or guardians of a child or children of a deceased, disabled, or retired member, held, seized, taken, subjected to, detained, or levied on by virtue of an attachment, execution, judgment, writ, interlocutory or other order, decree, or process, or proceedings of any nature issued out of or by a court in any state for the payment or satisfaction, in whole or in part, of a debt, damages, demand, claim, judgment, fine, or amercement of the member or the member's surviving spouse or children. The 1937 fund shall be kept and distributed only for the purpose of pensioning the persons named in this chapter. The local board may, however, annually expend an amount from the 1937 fund that it considers proper for the necessary expenses connected with the fund. Notwithstanding any other law, neither the fiscal body nor the department of local government finance may reduce these expenditures.

(b) However, the member's contributions or benefits, or both, may be transferred to reimburse the member's employer for loss resulting from the member's criminal taking of the employer's property by the local board if the local board receives adequate proof of the loss. The loss resulting from the member's criminal taking of the employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.

(c) The local board may withhold payment of the member's contributions and interest if the employer of the member notifies the local board that felony or misdemeanor charges accusing the member of the criminal taking of the employer's property have been filed.

(d) The local board may withhold payment of a person's contributions and interest under subsection (c) until the final resolution of the criminal charges.

(e) Subsections (c) and (d) do not apply to the:

(1) pension benefit of a retired member; or

(2) disability benefit of a member who becomes disabled.

[Pre-Local Government Recodification Citations: 19-1-37-22; 19-1-37-27 part.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.90-2002, SEC.489; P.L.224-2007, SEC.125; P.L.146-2008, SEC.778; P.L.203-2019, SEC.8; P.L.257-2019, SEC.150; P.L.156-2020, SEC.146.
Ind. Code § 36-7-41-12 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-12
Expenditures
Status: in_force

Sec. 12. (a) After approval of the budget by the commission, money may be expended only as budgeted, unless a majority vote of the commission authorizes other expenditures.

(b) The treasurer of the commission is responsible for the safekeeping and deposit of money the commission receives under this chapter. The state board of accounts shall:

(1) prescribe the methods and forms for keeping; and

(2) periodically audit;

the accounts, records, and books of the commission.

(c) The treasurer of the commission may receive, disburse, and handle money belonging to the commission, subject to the following:

(1) Applicable statutes.

(2) Procedures established by the commission.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-7-30.5-27 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-27
Proceeds of bonds; capital and general funds
Status: in_force

Sec. 27. (a) All proceeds from the sale of bonds under section 23 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the property acquisition, redevelopment, reuse, and economic development of the military base development area. The fund shall be known as the military base development district capital fund.

(b) All gifts or donations that are given or paid to the development authority or to a unit for military base development purposes shall be promptly deposited to the credit of the military base development district general fund unless otherwise directed by the grantor. The development authority may use these gifts and donations for the purposes of this chapter.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-7-2.5-37 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-37
Private providers subject to professional licensing board discipline in performing plan reviews or inspections
Status: in_force

Sec. 37. When performing plan reviews or inspection services, a private provider is subject to the disciplinary guidelines of the private provider's professional licensing board. Any complaint processing, investigation, and discipline arising out of a private provider's performance of plan reviews or inspection services shall be conducted by the private provider's professional licensing board.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-1-17-3 — Indiana Code / Title 36 / Article 1 / Chapter 17 / Section 36-1-17-3
Legal expenses of officer or employee charged with crime or infraction
Status: in_force

Sec. 3. (a) An officer or employee of a unit or municipal corporation who is charged with:

(1) a crime; or

(2) an infraction;

relating to an act that was within the scope of the official duties of the officer or employee may apply to the fiscal body of the unit or municipal corporation for reimbursement of reasonable and customarily charged expenses incurred in the officer's or employee's defense against those charges, if all charges have been dismissed or the officer or employee has been found not guilty of all charges. The fiscal body of the unit or municipal corporation shall reimburse the officer or employee for reasonable and customarily charged expenses, as determined by the fiscal body of the unit or municipal corporation, incurred in the officer's or employee's defense against those charges, if all charges have been dismissed or the officer or employee has been found not guilty of all charges.

(b) An officer or employee of a unit or municipal corporation who is the target of a grand jury investigation may apply to the fiscal body of the unit or municipal corporation for reimbursement of reasonable and customarily charged expenses incurred by the officer or employee resulting from the grand jury investigation, if the grand jury fails to indict the officer or employee and the acts investigated by the grand jury were within the scope of the official duties of the officer or employee. The fiscal body of the unit or municipal corporation shall reimburse the officer or employee for reasonable and customarily charged expenses, as determined by the fiscal body of the unit or municipal corporation, incurred by the officer or employee as a result of the grand jury investigation, if the grand jury fails to indict the officer or employee.

(c) An officer or employee of a unit or municipal corporation who is the defendant in a civil action described in section 2(1)(B)(i) through section 2(1)(B)(viii) of this chapter and brought by a person described in section 2(1)(B) of this chapter that involves an action within the scope of the official duties of the officer or employee may apply to the fiscal body of the unit or municipal corporation for reimbursement of reasonable and customarily charged expenses incurred in the officer's or employee's defense in the civil action. The fiscal body of the unit or municipal corporation shall reimburse the officer or employee for reasonable and customarily charged expenses incurred in the officer's or employee's defense against the civil action if:

(1) all claims that formed the basis of the civil action have been dismissed; or

(2) a judgment is rendered in favor of the officer or employee on all counts in the civil action.

As added by P.L.128-2005, SEC.1.
Ind. Code § 36-1-7-6 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-6
Agreements; recording; filing
Status: in_force

Sec. 6. Before it takes effect, an agreement under section 3 of this chapter must be recorded with the county recorder. Not later than sixty (60) days after it takes effect, such an agreement must be filed with the state board of accounts for audit purposes.

[Pre-Local Government Recodification Citations: 18-5-1-5 part; 18-5-1.5-3(e); 18-5-1.5-3(f).]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-5-4-2 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-2
Appropriations by ordinance
Status: in_force

Sec. 2. Unless a statute provides otherwise, town monies may be disbursed only after an appropriation made by ordinance of the town legislative body and recorded in a book kept for that purpose by the legislative body. Each appropriation must be made from the fund against which the expenses arose.

[Pre-Local Government Recodification Citation: 18-5-24-1.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-2-13-9 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-9
Training school; attendance; expenses
Status: in_force

Sec. 9. (a) After election and before assuming the duties of office, the sheriff-elect may attend the sessions of a training school that:

(1) offers courses of instruction for sheriffs;

(2) is established by Indiana University, Purdue University, Indiana University and Purdue University, the state police department, or the Indiana sheriffs' association; and

(3) teaches methods of crime detection and offers courses from the state board of accounts on office routine and accounting.

(b) On presentation of proper charges or receipts and with the approval of the county executive, the county auditor may issue the auditor's warrant for the following expenses of the sheriff-elect in attending a school under this section:

(1) Any tuition charged by the school.

(2) A sum for mileage, lodging, and meals, equal to the sum allowed county officers under IC 5-11-14-1.

[Pre-Local Government Recodification Citation: 17-3-9-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.23; P.L.144-1983, SEC.3; P.L.127-2017, SEC.91.
Ind. Code § 36-9-27-93 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-93
Periodic maintenance assessments; property transfers; reassessments; procedure
Status: in_force

Sec. 93. (a) Whenever:

(1) the board adopts a schedule of annual assessments for the periodic maintenance of a drain or a combination of drains established under section 41 of this chapter; and

(2) a transfer of a part of any tract that is assessed by the schedule is subsequently recorded with the county recorder;

the board shall reassess that part of the tract. The reassessment may be made at one (1) or more times each year and shall be made at not less than biennial intervals. However, the reassessment is not required in any year in which the annual assessment is omitted under section 43 of this chapter.

(b) The county auditor shall provide a listing of all tracts subject to reassessment and shall, from time to time or when requested by the board, file the listing with the board. The board shall determine and file a schedule of reassessments, set a date for hearing on the schedule, and prepare a written notice. The notice, which must describe the land to be reassessed, must state:

(1) the date, hour, and place of a hearing before the board on the schedule of reassessments;

(2) that the schedule of reassessments made by the board has been filed and is available for public inspection in the office of the county surveyor;

(3) that the land of the owner is shown by the schedule of reassessments to be annually assessed in the sum of _______ dollars for periodically maintaining the drain from which the land derives benefits; and

(4) that failure to file objections or evidence at or before the hearing constitutes a waiver of the right of the owner to object, on the grounds stated in subsection (d), to any final action of the board.

Not less than thirty (30) nor more than forty (40) days before the date of the hearing, the board shall mail a copy of the notice in a five-day return envelope to each owner named in the schedule of reassessments.

(c) The board shall have notice published in accordance with IC 5-3-1. The notice must:

(1) identify the drainage proceedings;

(2) be addressed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered;

(3) state that the schedule of reassessments made by the board has been filed and is available for public inspection in the office of the county surveyor; and

(4) state that a hearing will be held before the board on the schedule of reassessments, giving the date, hour, and place of the hearing.

(d) In determining any reassessment, the board may consider only whether the reassessment is made in the manner required for justice to all affected land, taking into consideration section 84(c) of this chapter.

(e) At the hearing, the board shall consider all evidence and objections and may modify the proposed reassessment as justice to all affected land requires. Before final adjournment of the hearing, the board shall issue an order adopting the schedule of reassessments as originally filed or as modified, mark the order filed, and make public announcement of the order at the hearing. The board shall then have notice published in accordance with IC 5-3-1. The notice must identify the drainage proceedings and state that the findings and order of the board have been filed and are available for inspection in the office of the county surveyor.

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

(g) When the findings and order become conclusive, the board shall certify the schedule of reassessments to the auditor of each county in which there is land assessed by the reassessment, and the auditor and the county treasurer shall promptly proceed upon any reassessment in the manner prescribed for proceeding upon an originally certified assessment.

[Pre-Local Government Recodification Citation: 19-4-7-23.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.83.
Ind. Code § 36-7-11.5-13 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-13
Low interest loans
Status: in_force

Sec. 13. (a) An individual may apply for a grant or low interest loan on a form prescribed by the development commission.

(b) A form prescribed by the development commission must be designed to be read and easily understood by the ordinary individual.

As added by P.L.234-2007, SEC.289.
Ind. Code § 36-8-4.5-5 — Indiana Code / Title 36 / Article 8 / Chapter 4.5 / Section 36-8-4.5-5
Repealed
Status: repealed

As added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.26.
Ind. Code § 36-1-15-2 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-2
Legislative intent
Status: in_force

Sec. 2. It is the intent of the general assembly that the amount of debt incurred by a political subdivision after February 28, 2001, not exceed, in the aggregate, the amount of debt that the political subdivision could have incurred under:

(1) Article 13, Section 1 of the Constitution of the State of Indiana; and

(2) any statute imposing an assessed value limitation on the aggregate amount of bonds that a political subdivision may issue;

if property were assessed at thirty-three and one-third percent (33.33%) of true tax value.

As added by P.L.6-1997, SEC.203.