Ind. Code § 36-7-4-1311 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1311
Ordinance; jurisdiction to adopt; impact fees and other charges
Status: in_force

Sec. 1311. (a) The legislative body of a unit may adopt an ordinance imposing an impact fee on new development in the geographic area over which the unit exercises planning and zoning jurisdiction. The ordinance must aggregate the portions of the impact fee attributable to the infrastructure types covered by the ordinance so that a single and unified impact fee is imposed on each new development.

(b) If the legislative body of a unit has planning and zoning jurisdiction over the entire geographic area covered by the impact fee ordinance, an ordinance adopted under this section shall be adopted in the same manner that zoning ordinances are adopted under the 600 SERIES of this chapter.

(c) If the legislative body of a unit does not have planning and zoning jurisdiction over the entire geographic area covered by the impact fee ordinance but does have jurisdiction over one (1) or more infrastructure types in the area, the legislative body shall establish the portion of the impact fee schedule or formula for the infrastructure types over which the legislative body has jurisdiction. The legislative body of the unit having planning and zoning jurisdiction shall adopt an impact fee ordinance containing that portion of the impact fee schedule or formula if:

(1) a public hearing has been held before the legislative body having planning and zoning jurisdiction; and

(2) each plan commission that has planning jurisdiction over any part of the geographic area in which the impact fee is to be imposed has approved the proposed impact fee ordinance by resolution.

(d) An ordinance adopted under this section is the exclusive means for a unit to impose an impact fee. Except as provided in subsection (e), an impact fee imposed on new development to pay for infrastructure may not be collected after January 1, 1992, unless the impact fee is imposed under an impact fee ordinance adopted under this chapter.

(e) This section applies to an impact fee imposed by a unit after June 30, 2026. An impact fee imposed on new development to pay for infrastructure may not be collected after June 30, 2026, unless the impact fee is imposed under an impact fee ordinance that complies with:

(1) section 1316.5 of this chapter; and

(2) any other applicable provision;

of this chapter. This subsection, in accordance with section 1109 of this chapter, does not affect an impact fee that was imposed and not collected by the unit before July 1, 2026.

(f) Notwithstanding any other provision of this chapter, the following charges are not impact fees and may continue to be imposed by units:

(1) Fees, charges, or assessments imposed for infrastructure services under statutes in existence on January 1, 1991, if:

(A) the fee, charge, or assessment is imposed upon all users whether they are new users or users requiring additional capacity or services;

(B) the fee, charge, or assessment is not used to fund construction of new infrastructure unless the new infrastructure is of the same type for which the fee, charge, or assessment is imposed and will serve the payer; and

(C) the fee, charge, or assessment constitutes a reasonable charge for the services provided in accordance with IC 36-1-3-8(a)(6) or other governing statutes requiring that any fees, charges, or assessments bear a reasonable relationship to the infrastructure provided.

(2) Fees, charges, and assessments agreed upon under a contractual agreement entered into before April 1, 1991, or fees, charges, and assessments agreed upon under a contractual agreement, if the fees, charges, and assessments are treated as impact deductions under section 1321(d) of this chapter if an impact fee ordinance is in effect.

As added by P.L.221-1991, SEC.12. Amended by P.L.149-2016, SEC.97; P.L.73-2026, SEC.21.
Ind. Code § 36-7-11.5-11 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-11
West Baden Springs historic hotel preservation and maintenance fund
Status: in_force

Sec. 11. (a) As used in this section, "fund" refers to the West Baden Springs historic hotel preservation and maintenance fund established by subsection (b).

(b) The West Baden Springs historic hotel preservation and maintenance fund is established. The fund consists of the following:

(1) Amounts deposited in the fund under IC 4-33-6.5-6, IC 4-33-12-6 (before the enactment of P.L.96-2010), IC 4-33-13-5(b), IC 6-9-45.5, and IC 6-9-45.6.

(2) Grants and gifts that the department of natural resources receives for the fund under terms, obligations, and liabilities that the department considers appropriate.

(3) The one million dollar ($1,000,000) initial fee paid to the gaming commission under IC 4-33-6.5.

(4) Any amount transferred to the fund upon the repeal of IC 36-7-11.5-8 (the community trust fund).

The fund shall be administered by the department of natural resources. The expenses of administering the fund shall be paid from money in the fund.

(c) The treasurer of state shall invest the money in the fund that is not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. The treasurer of state shall deposit in the fund the interest that accrues from the investment of the fund.

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

(e) Two million dollars ($2,000,000) is appropriated from the fund to the department of natural resources in each state fiscal year beginning after June 30, 2015. The money appropriated under this subsection may be used by the department of natural resources only for the following purposes:

(1) To reimburse claims made for expenditures for a qualified historic hotel, as determined by the owner of the hotel riverboat resort.

(2) To reimburse claims made for expenditures to maintain:

(A) the grounds surrounding a qualified historic hotel;

(B) supporting buildings and structures related to a qualified historic hotel; and

(C) other facilities used by the guests of the qualified historic hotel;

as determined by the owner of the hotel riverboat resort.

The department of natural resources shall promptly pay each claim for a purpose described in this subsection, without review or approval of the project or claim under IC 14-21 or IC 36-7-11. IC 14-21-1-18 does not apply to projects or claims paid for maintenance under this section. If insufficient money is available to fully pay all of the submitted claims, the department of natural resources shall pay the claims in the order in which they are received until each claim is fully paid.

(f) Notwithstanding IC 4-9.1-1-7, IC 4-12-1-12, IC 4-13-2-18, or any other law, interest accruing to the fund may not be withheld, transferred, assigned, or reassigned to a purpose other than the reimbursement of claims under subsection (e).

As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004, SEC.128; P.L.234-2007, SEC.287; P.L.96-2010, SEC.5; P.L.229-2011, SEC.266; P.L.255-2015, SEC.64; P.L.293-2019, SEC.47.
Ind. Code § 36-9-10-3 — Indiana Code / Title 36 / Article 9 / Chapter 10 / Section 36-9-10-3
Installation costs
Status: in_force

Sec. 3. (a) If a county is required to pay for the installation of municipal street lights under this chapter, the amount to be paid by the county shall be determined under this section.

(b) If the contract for the installation of the lighting system calls for payment for the system as a whole, the county shall pay the amount that bears the same ratio to the total contract price as the number of lights to be paid for by the county bears to the total number of lights contracted for. The municipal legislative body shall determine the amount to be paid under this subsection.

(c) If the contract for installation of the lighting system calls for payment at a fixed price per light, the county shall pay the amount determined by multiplying that price by the number of lights to be paid for by the county.

[Pre-Local Government Recodification Citation: 18-5-16-2 part.]

As added by Acts 1981, P.L.309, SEC.83.
Ind. Code § 36-7-36-10 — Indiana Code / Title 36 / Article 7 / Chapter 36 / Section 36-7-36-10
Civil penalties on owners of structures left vacant or abandoned for specified periods; exceptions; limit on penalty amount
Status: in_force

Sec. 10. (a) An owner of a property that remains a vacant structure or an abandoned structure for at least ninety (90) consecutive calendar days may be liable for a civil penalty in the amount of five hundred dollars ($500) per vacant structure or abandoned structure, not to exceed five thousand dollars ($5,000) per structure per year, unless:

(1) documentation has been filed and approved by the enforcement authority that indicates the owner's intent to eliminate the vacant structure or abandoned structure status of the property;

(2) the owner is current on all property taxes and special assessments; and

(3) at least one (1) of the following applies:

(A) The structure is the subject of a valid building permit for repair or rehabilitation and the owner is proceeding diligently and in good faith to complete the repair or rehabilitation of the structure as defined in the enforcement order.

(B) The structure is:

(i) maintained in compliance with this chapter; and

(ii) actively being offered for sale, lease, or rent.

(C) The owner can demonstrate that the owner made a diligent and good faith effort to implement actions approved by the enforcement authority.

(b) If the structure continues to remain a vacant structure beyond the initial ninety (90) days described in subsection (a) and the owner does not meet any of the exceptions set forth in this section, the enforcement authority may continue to assess penalties each year on each structure in the following amounts:

(1) One thousand dollars ($1,000) for the second ninety (90) calendar day period each structure remains a vacant structure or an abandoned structure.

(2) One thousand five hundred dollars ($1,500) for the third ninety (90) calendar day period each structure remains a vacant structure or an abandoned structure.

(3) Two thousand dollars ($2,000) for the fourth and each subsequent ninety (90) calendar day period thereafter each structure remains a vacant structure or an abandoned structure.

A civil penalty under this subsection may not exceed five thousand dollars ($5,000) per structure per year.

As added by P.L.88-2009, SEC.15.
Ind. Code § 36-7-4-222 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-222
Membership of commission; expenses
Status: in_force

Sec. 222. If a plan commission determines that it is necessary or desirable for members or employees to join a professional organization or to attend a conference or interview dealing with planning or related problems, the commission may pay the applicable membership fees and all actual expenses of the members or employees, if that amount has been appropriated by the fiscal body of the unit.

[Pre-Local Government Recodification Citations: 18-7-2-15; 18-7-4-222; 18-7-4-20; 18-7-5-21 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.13; P.L.192-1984, SEC.6.
Ind. Code § 36-9-38-15 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-15
Conduct of hearing; resolution
Status: in_force

Sec. 15. (a) At the hearing fixed under section 13 of this chapter, the municipal works board shall hear all owners of real property in the proposed improvement district who appear and request to be heard upon the following questions:

(1) The sufficiency of the petition and notice.

(2) Whether the proposed improvement is of public utility and benefit.

(3) Whether all of the probable benefits of the proposed improvement, including the benefits to the municipality generally, will equal or exceed the estimated cost of the improvement.

(4) Whether the improvement district contains all, more than all, or less than all of the property specially benefited or damaged by the proposed improvement.

(b) The hearing under subsection (a) may be adjourned periodically without further notice. After the completion of the hearing, the works board shall adopt a resolution determining whether the following conditions have been met:

(1) The petition is sufficient.

(2) The required notice was given.

(3) The proposed improvements are of public utility and benefit.

(4) All of the probable benefits of the proposed improvement will equal or exceed the estimated cost of the proposed improvement.

(5) The proposed improvement district contains all, more than all, or less than all of the property specially benefited or damaged by the proposed improvement.

(c) The works board shall establish the improvement district with the boundaries described in the petition if the works board does the following:

(1) Answers the questions in subsection (b)(1) through (b)(4) affirmatively.

(2) Determines that the proposed improvement district contains all of the property specially benefited or damaged.

(d) If the works board answers any of the first four (4) questions negatively, the works board may:

(1) allow amendments and the issuance of additional notice and may hold further proceedings; or

(2) dismiss the petition without prejudice to the right to file a new petition.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-6-1.1-2 — Indiana Code / Title 36 / Article 6 / Chapter 1.1 / Section 36-6-1.1-2
Townships boundary alteration not reflected in tax records; treatment of boundary line
Status: in_force

Sec. 2. If the property tax records for the townships involved on December 31, 1984, did not reflect the boundary alteration, then the township boundary line shall be treated as if it had never been altered.

As added by P.L.220-2011, SEC.655.
Ind. Code § 36-4-3-4.2 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-4.2
County infrastructure reimbursement
Status: in_force

Sec. 4.2. (a) As used in this section, "infrastructure" means the capital improvements that comprise:

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

(2) a building and appurtenances;

(3) a park or recreational facility;

(4) a road, street, highway, or bridge; or

(5) a water treatment, water storage, or water distribution facility.

(b) This section applies:

(1) only to an annexation for which an annexation ordinance is adopted after June 30, 2015; and

(2) if there is debt, evidenced by bonds, leases, or other obligations, that is outstanding on infrastructure on the date that the annexation becomes effective.

(c) This subsection applies if:

(1) the municipality takes ownership of infrastructure located within the annexation territory, or part of an item of infrastructure, owned by the county; and

(2) the outstanding debt is payable from property taxes or from revenue bonds or obligations.

The annexing municipality is liable to the county for reimbursements only if the municipality assumes ownership or partial ownership of the infrastructure. If the municipality assumes ownership or partial ownership of the infrastructure, the municipality shall reimburse the county for the appropriate share of the remaining debt that is payable by the county from property taxes or revenues. The county and the annexing municipality shall enter into an interlocal agreement under IC 36-1-7 regarding the allocation of the debt and reimbursement terms.

(d) This subsection applies if the local income tax under IC 6-3.6 has been pledged by the county to pay outstanding debt on infrastructure located within the county. To offset the change in local income tax distributions that will occur after the annexation, the annexing municipality is liable to the county for reimbursements in the amount that represents part of the outstanding debt on the infrastructure until the debt is fully paid. The amount that the municipality is required to reimburse the county is the percent of the total county income tax distribution that is indebted, multiplied by the amount of local income tax revenue for the distribution year that is shifted from the county to the municipality as a result of the annexation.

(e) Reimbursements received by a county under this section shall be deposited in the appropriate debt service fund.

As added by P.L.228-2015, SEC.7. Amended by P.L.197-2016, SEC.122.
Ind. Code § 36-2-2.9-6 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-6
Contract review and notification; time period
Status: in_force

Sec. 6. Not later than twenty (20) days after the request is filed with the county auditor:

(1) the county executive and county attorney shall review the proposed contract; and

(2) the county executive shall notify the county officer of the results of the review.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-9-6.5-9 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-9
Bonds issued
Status: in_force

Sec. 9. (a) For the purpose of raising money to pay for any land or right-of-way to be acquired for thoroughfares within the district or to pay for any capital improvement necessary for the construction, reconstruction, or operation of thoroughfares within the district, and in anticipation of the special benefit tax, the board may cause bonds to be issued in the name of the consolidated city for the benefit of the district. The bonds shall be issued in accordance with IC 36-3-5-8.

(b) The bonds may be in an amount not to exceed the estimated cost of all land and rights-of-way to be acquired and the estimated cost of all capital improvements, 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 or reconstruction and all costs of programming, planning, and designing the capital improvements. The expenses to be covered in the amount of the bond issue include all expenses of every kind actually incurred preliminary to the acquisition of the property and the construction of work, such as the cost of necessary records, engineering expenses, publication of notices, salaries, and other expenses necessary to be incurred in connection with the acquisition of the property, the letting of the contract, and the sale of bonds.

(c) The bonds issued may not exceed the estimates for the project as determined by the board under section 4 of this chapter.

(d) Any surplus of bond proceeds remaining after all costs and expenses have been fully paid shall be paid into the metropolitan thoroughfare district bond fund. The board may appropriate the proceeds of the bonds.

As added by Acts 1982, P.L.77, SEC.12.
Ind. Code § 36-10-11-30 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-30
Tax exemption
Status: in_force

Sec. 30. All:

(1) property owned by the authority;

(2) revenues received by the authority; and

(3) bonds or other securities issued by the authority, including the interest on them;

are exempt from taxation in Indiana.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-4-709 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-709
Subdivision control; secondary approval of plat; determining completion of improvements and installations; conditions for performance bonds; release and partial release of bond or surety
Status: in_force

Sec. 709. (a) Secondary approval under section 710 of this chapter shall be granted to a plat for a subdivision in which the improvements and installations have not been completed as required by the subdivision control ordinance, if:

(1) the applicant provides a bond, or other proof of financial responsibility as prescribed by the legislative body in the subdivision control ordinance, that:

(A) is an amount determined by the plan commission or plat committee to be sufficient to complete the improvements and installations in compliance with the ordinance; and

(B) provides surety satisfactory to the plan commission or plat committee; or

(2) with respect to the installation or extension of water, sewer, or other utility service:

(A) the applicant shows by written evidence that it has entered into a contract with the political subdivision or utility providing the service; and

(B) the plan commission or plat committee determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with the subdivision control ordinance.

(b) Any money received from a bond or otherwise shall be used only for making the improvements and installations for which the bond or other proof of financial responsibility was provided. This money may be used for these purposes without appropriation. The improvement or installation must conform to the standards provided for such improvements or installations by the municipality in which it is located, as well as the subdivision control ordinance.

(c) The plan commission shall, by rule, prescribe the procedure for determining whether all improvements and installations have been constructed and completed as required by the subdivision control ordinance. The rule must designate the person or persons responsible for making the determination.

(d) As used in this section, "land developer" has the meaning set forth in IC 6-1.1-4-12(a).

(e) As used in this section, "under development" means a situation with respect to land in which a primary plat has been filed and approved and work has commenced to make substantive physical improvements to the land, excluding any work performed for the purpose of preparing the land.

(f) Notwithstanding subsection (a), a local unit may not adopt or enforce an ordinance, rule, or other policy requiring a land developer of Class 1 or Class 2 structures to do any of the following:

(1) Obtain a performance bond or other surety before the date on which the land developer records an approved secondary plat. However, a local unit may require the land developer to obtain a performance bond or other surety before an approved secondary plat is recorded if the area under development is:

(A) within the existing public right-of-way; or

(B) related to erosion control.

(2) Obtain a maintenance bond that has an effective period greater than three (3) years.

(g) After a secondary plat is approved, a local unit may require, as the only condition precedent to recording the secondary plat, that the land developer obtain a performance bond or other surety for incomplete or unfinished streets, sanitary piping, storm water piping systems, water mains, sidewalks and ornamental landscaping located in common areas as defined in IC 6-1.1-10-37.5, and erosion control that:

(1) are:

(A) in the approved development; or

(B) required to service the approved development; and

(2) are included within:

(A) the legal description of the recorded plat; or

(B) a section in the legal description of the recorded plat;

identified in the land developer's secondary plat filing.

(h) Any ordinance, rule, or policy requiring a land developer to obtain a performance bond or other surety under subsection (g) must include a provision for:

(1) the release of a performance bond or other surety upon completion to the satisfaction of the local unit of the subject matter upon which the performance bond or other surety was obtained; and

(2) the partial release of the performance bond or other surety on an annual or on a more frequent basis in accordance with a partial release schedule agreed to in a signed writing by:

(A) the local unit, or the local unit's designated official or body; and

(B) the land developer or the land developer's designated agent;

before or during development.

(i) A performance bond or other surety requirement under subsection (f)(1) or subsection (g):

(1) must be based on a value provided for in an engineer's estimate or an actual contract amount, if available, to complete:

(A) the portion of the area or improvement of the project; or

(B) the designated section in the project;

being bonded;

(2) may be based on an amount in excess of the full value of the engineer's estimate or actual contract amount, as appropriate, provided that any excess amount is based upon a reasonable adjustment for the estimated cost of inflation of materials and labor encompassed within the subject matter of the performance bond or other surety; and

(3) may not include any land that is not under development at the time the bond or other surety is required, such as sections of adjacent or contiguous land that remain undeveloped, except to the extent that the land not then under development is used to access the site or provide utilities or other necessary services to the land that is under development.

(j) A local unit may not require, as a condition precedent to granting, issuing, or approving for any Class 1 or Class 2 structures:

(1) a building permit;

(2) an improvement location permit; or

(3) a structural building permit;

the completion of the subject matter upon which the performance bond or other surety was obtained under subsection (g).

(k) This subsection applies to a local unit's grant, issuance, or approval of a certificate of occupancy. A local unit may not require, as a condition precedent to granting, issuing, or approving a certificate of occupancy for any Class 1 or Class 2 structure, the completion of the subject matter upon which the performance bond or other surety was obtained under subsection (g), unless required under:

(1) IC 22-12;

(2) IC 22-13;

(3) IC 22-15; or

(4) another law;

to meet a local unit's basic needs for public health and safety.

[Pre-Local Government Recodification Citations: 18-7-2-20 part; 18-7-2-53; 18-7-4-709; 18-7-4-59; 18-7-5-53.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.13; P.L.337-1985, SEC.1; P.L.126-2011, SEC.20; P.L.105-2015, SEC.1; P.L.135-2017, SEC.3; P.L.125-2019, SEC.1; P.L.42-2021, SEC.1.
Ind. Code § 36-9-4-42 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-42
Funding
Status: in_force

Sec. 42. (a) A municipality or a public transportation corporation that expends money for the establishment or maintenance of an urban mass transportation system under this chapter may acquire the money for these expenditures:

(1) by issuing bonds under section 43 or 44 of this chapter;

(2) by borrowing money made available for such purposes by any source;

(3) by accepting grants or contributions made available for such purposes by any source;

(4) in the case of a municipality, by appropriation from the general fund of the municipality, or from a special fund that the municipal legislative body includes in the municipality's budget; or

(5) in the case of a public transportation corporation, by levying a tax under section 49 of this chapter or by recommending an election to use revenue from the local income tax, as provided in subsection (c).

(b) Money may be acquired under this section for the purpose of exercising any of the powers granted by or incidental to this chapter, including:

(1) studies under section 4, 9, or 11 of this chapter;

(2) grants in aid;

(3) the purchase of buses or real property by a municipality for lease to an urban mass transportation system, including the payment of any amount outstanding under a mortgage, contract of sale, or other security device that may attach to the buses or real property;

(4) the acquisition by a public transportation corporation of property of an urban mass transportation system, including the payment of any amount outstanding under a mortgage, contract of sale, or other security device that may attach to the property;

(5) the operation of an urban mass transportation system by a public transportation corporation, including the acquisition of additional property for such a system; and

(6) the retirement of bonds issued and outstanding under this chapter.

(c) This subsection applies only to a public transportation corporation located in a county having a consolidated city. In order to provide revenue to a public transportation corporation during a year, the public transportation corporation board may recommend and the county fiscal body may elect to provide revenue to the corporation from part of the certified distribution, if any, that the county is to receive during that same year under IC 6-3.6-9. To make the election, the county fiscal body must adopt an ordinance before November 1 of the preceding year. The county fiscal body must specify in the ordinance the amount of the certified distribution that is to be used to provide revenue to the corporation. If such an ordinance is adopted, the county fiscal body shall immediately send a copy of the ordinance to the county auditor.

[Pre-Local Government Recodification Citation: 19-5-2-24.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.84-1987, SEC.15; P.L.5-1988, SEC.221; P.L.137-2012, SEC.123; P.L.197-2016, SEC.148.
Ind. Code § 36-7-38-19 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-19
Exemption from income taxation
Status: in_force

Sec. 19. A land bank's income is not subject to taxation under IC 6-3-1 through IC 6-3-7.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-1-20.2-6 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-6
"Member of the fire department"
Status: in_force

Sec. 6. As used in this chapter, "member of the fire department" means the fire chief or a firefighter appointed to the department.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-9-39-20 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-20
Assessments; inclusion of amount determined under IC 36-9-22-5
Status: in_force

Sec. 20. An assessment made under sections 15 through 19 of this chapter must include any amount determined under IC 36-9-22-5.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-1-31.5-3 — Indiana Code / Title 36 / Article 1 / Chapter 31.5 / Section 36-1-31.5-3
Policies of a political subdivision
Status: in_force

Sec. 3. (a) A political subdivision shall not adopt or enforce any policy under which the political subdivision prohibits or discourages the enforcement of any order or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk.

(b) In compliance with subsection (a), a political subdivision shall not prohibit or discourage a law enforcement officer who is employed by or otherwise under the direction or control of the political subdivision from enforcing any order or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk.

As added by P.L.138-2026, SEC.5.
Ind. Code § 36-9-38-30 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-30
Bonds
Status: in_force

Sec. 30. (a) For the purposes of anticipating the collection of assessments under this chapter, the municipality shall issue bonds payable out of the assessments. However, a consolidated city is not required to issue bonds under this section.

(b) The terms of the bonds may allow early retirement of the bonds for and to the extent of prepayment of assessments in anticipation of which the bonds were issued.

(c) The bonds bear interest at a rate or rates determined by the legislative body of the municipality and shall be executed, sold, and delivered in denominations determined to be appropriate by the municipal fiscal officer as bonds of a municipality are executed, sold, and delivered.

(d) If the bonds are sold at a public sale, the advertisement of the sale of the bonds shall be published in accordance with IC 5-3-1. The municipality may also sell the bonds by negotiated private sale to a financial institution.

(e) Unless the municipality chooses to sell the bonds by a negotiated private sale to a financial institution, the sale shall be made to the highest and best bidder, as provided in IC 36-9-36. However, the sale may not be for less than the face value of the bonds, plus interest from the date of the bonds to the date of delivery.

(f) The bonds and interest on the bonds are exempt from taxation to the extent provided by IC 6-8-5-1.

(g) The bonds are not a corporate obligation or an indebtedness of the municipality and are payable only out of money actually paid and collected under this chapter (or under IC 36-9-20 before its repeal in 1993). The bonds must state this fact on the bonds' face.

As added by P.L.98-1993, SEC.9. Amended by P.L.62-2001, SEC.10.
Ind. Code § 36-7-31.6-1 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-1
Definitions
Status: in_force

Sec. 1. The following definitions apply throughout this chapter:

(1) "Authority" means the northwest Indiana stadium authority created by IC 5-1-17.1.

(2) "Board" refers to the northwest Indiana stadium board created by IC 36-10-9.5.

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

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

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

(6) "Capital improvement" means any facility or complex of facilities established as part of the professional sports development area under section 3 of this chapter.

(7) "City" refers to the city of Hammond, Indiana.

(8) "Commission" means a redevelopment commission of the city.

(9) "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.

(D) A food and beverage tax imposed under IC 6-9-36 or IC 6-9-58.

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

(11) "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.

(12) "Tax area" means the geographic area established as the professional sports development area under section 3 of this chapter.

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

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-9-6-16 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-16
Levees
Status: in_force

Sec. 16. The works board may design, order, contract for, and cause the erection of levees for the city.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-4-2-1 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-2-17-7 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-7
Destruction of records; powers and duties of commissioner; procedures
Status: in_force

Sec. 7. (a) Before performing any duties as commissioner, a commissioner appointed under section 6(c) of this chapter shall give twenty (20) days notice of:

(1) the commissioner's appointment;

(2) the time when the commissioner will begin to perform the commissioner's duties; and

(3) the place where the commissioner will begin to perform the commissioner's duties;

by publication under IC 5-3-1 and by posting written notices in each township of the county.

(b) The commissioner may:

(1) employ a clerk, who shall take an oath of office before performing any of the clerk's duties;

(2) administer oaths when testimony is required to be taken before the commissioner;

(3) issue subpoenas for and compel the attendance of witnesses;

(4) cite persons for and issue execution for contempt;

(5) tax costs; and

(6) adjourn the commissioner's proceedings from time to time, but after an adjournment without a day specified for reconvening, the commissioner may not resume the commissioner's duties without an order of the county executive authorizing the commissioner to do so.

(c) A sheriff who delivers the commissioner's writs and subpoenas and witnesses who testify before the commissioner are entitled to the same fees as are allowed for the same service or attendance in the circuit court. This compensation shall be taxed against the party bearing costs.

(d) The commissioner shall obtain record books in which the proceedings held before the commissioner shall be fully recorded. Proceedings concerning the different courts and different offices of the county shall be recorded in separate books.

(e) The commissioner or the commissioner's clerk may not record proof of the existence and contents of the following records and documents of a clerk of a court of record:

(1) Judgments and decrees.

(2) Writs of execution and returns of writs of execution.

(3) Recognizances and forfeitures of bonds.

The commissioner or the commissioner's clerk shall record proof of the existence and content of any other record or document that belonged to or was filed or deposited in the office of a clerk of a court of record and has been destroyed, if that proof is presented to the commissioner by a disinterested witness. However, the commissioner may receive proof of the contents of a will only if the evidence leads the commissioner to believe that neither the original will nor an authenticated copy can be produced.

(f) The commissioner shall record the complete statement of each witness who testifies before the commissioner. The commissioner may not include the commissioner's own conclusions in the record.

(g) The commissioner shall sign the record of each day's testimony that the commissioner hears, and shall certify each completed volume of the record to be a complete and accurate copy of the testimony taken before the commissioner. The commissioner shall deliver each completed volume of the record to the appropriate county office.

[Pre-Local Government Recodification Citations: 5-15-8-10; 5-15-8-12; 5-15-8-13; 5-15-8-14; 5-15-8-15 part; 5-15-8-16 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.104.
Ind. Code § 36-1-2-20 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-20
"Taxing district"
Status: in_force

Sec. 20. "Taxing district" means a geographic area within which property is taxed by the same taxing entities and at the same total rate.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-15.1-25 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-25
Real property owned by a redevelopment district is exempt from taxation
Status: in_force

Sec. 25. (a) Real property acquired by the redevelopment district is exempt from taxation while owned by the district.

(b) All receipts of the department, including receipts from the sale of real property, personal property, and materials disposed of, are exempt from all taxes.

(c) As used in this subsection, "year one" means any calendar year and "year two" means the calendar year following year one. When real property is acquired by the redevelopment district during the period from assessment on the assessment date of year one to the last day of December of year one, the taxes due in year two shall be prorated between the seller and the city. When the proration is made, the auditor shall remove the city's prorated share from the tax duplicate by auditor's correction.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.192-1984, SEC.12; P.L.14-1991, SEC.22; P.L.192-2002(ss), SEC.180; P.L.245-2015, SEC.27.
Ind. Code § 36-7-26-13 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-13
Power and duties of commission, department, and board
Status: in_force

Sec. 13. In addition to the powers and duties set forth in any other statute, a commission, the department, and the board have the powers and duties set forth in this chapter.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-7-22-21 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-21
Annual report
Status: in_force

Sec. 21. The board shall submit an annual report to the legislative body and the fiscal body before February 15 of each year. The report must summarize the board's activities and expenditures during the preceding calendar year.

As added by P.L.195-1988, SEC.1.
Ind. Code § 36-4-6-9 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-9
Clerk; duties; second class cities posting roll call votes on Internet web site
Status: in_force

Sec. 9. The city clerk is the clerk of the legislative body. The city clerk shall do the following:

(1) Preserve the legislative body's records in the clerk's office.

(2) Keep an accurate record of the legislative body's proceedings.

(3) Record the ayes and nays on each vote on an ordinance or resolution.

(4) Record the ayes and nays on other votes when requested to do so by two (2) or more members.

(5) Present ordinances, orders, or resolutions to the city executive under section 15 of this chapter.

(6) Record ordinances under section 17 of this chapter.

(7) This subdivision applies only to a second class city that maintains an Internet web site. The city clerk shall post on the city's Internet web site the roll call votes of the legislative body not later than three (3) business days after the following:

(A) The date the roll call vote is taken if the city's software is able to generate a roll call vote.

(B) If the city's software is not able to generate a roll call vote, the date the legislative body is first able to approve the minutes of the meeting at which the roll call vote was taken.

The city clerk shall maintain the roll call vote information on the Internet web site for a period of four (4) years.

[Pre-Local Government Recodification Citations: 18-1-3-4; 18-1-6-3 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.128; P.L.204-2017, SEC.4.
Ind. Code § 36-9-27-60 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-60
Establishing new regulated drains; hearing on petition; consideration of remonstrances and objections
Status: in_force

Sec. 60. (a) At its hearing on a petition to establish a new regulated drain, the board shall consider:

(1) any remonstrance filed under section 59(a) of this chapter; and

(2) any objection filed under section 59(b) of this chapter.

(b) If the board finds that a proper remonstrance has been filed, it may dismiss the petition. If the board does not dismiss the petition, it shall forward the petition to the county surveyor for a final report.

(c) If the board finds that a proper objection has been filed, the person against whom the objection is made shall disqualify himself or herself from any further action in the proceedings to establish the drain.

[Pre-Local Government Recodification Citation: 19-4-2-9.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.26; P.L.127-2017, SEC.348.
Ind. Code § 36-2-20-3 — Indiana Code / Title 36 / Article 2 / Chapter 20 / Section 36-2-20-3
Procurement agent
Status: in_force

Sec. 3. As used in this chapter, "procurement agent" means a board, an officer, or an employee position having sole authority on behalf of a county to buy, purchase, lease, or otherwise acquire items for which payment is to be made from a public fund.

As added by P.L.252-1993, SEC.5.
Ind. Code § 36-1-3-15 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-15
Prohibited acts of a unit with respect to digital assets
Status: in_force

Sec. 15. (a) The definitions in IC 5-36-1 apply throughout this section.

(b) A unit may not adopt or enforce a rule or other regulation that would have the effect of prohibiting, restricting, or impairing the ability of a person to:

(1) use or accept digital assets as a method of payment for legal goods and services; or

(2) take custody of digital assets using a self-hosted wallet or hardware wallet.

(c) A unit may not impose taxes or fees on:

(1) use or acceptance of digital assets as a method of payment for legal goods and services; or

(2) taking or maintaining custody of digital assets using a self-hosted wallet or hardware wallet;

that are not applicable to comparable financial transactions that do not involve digital assets.

As added by P.L.49-2026, SEC.15.
Ind. Code § 36-7-4-403.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-403.5
Duties; powers; combined hearing procedure
Status: in_force

Sec. 403.5. (a) If authorized by a zoning ordinance, the plan commission may designate a hearing examiner or committee of the commission to conduct a combined hearing procedure relative to developments that require more than one (1) hearing under this chapter. In conducting the combined hearing procedure under this section, the hearing examiner or committee of the commission may exercise the following:

(1) Powers of the hearing examiner or committee under section 402(d) of this chapter in relation to the 600 series of this chapter.

(2) Powers of the plat committee under the 700 series of this chapter.

(3) Powers of a board of zoning appeals under the 900 series of this chapter.

(4) Powers of the plan commission staff or a hearing examiner or committee of the plan commission under the 1400 series of this chapter.

(b) Decisions of the hearing examiner or committee of the plan commission under the combined hearing procedure may be excepted to or appealed as follows:

(1) Decisions under the authority of section 402(d) of this chapter in relation to powers granted under the 600 series of this chapter shall be appealed to the plan commission in the same manner as decisions of the hearing examiner or committee under section 402(d) of this chapter may be appealed.

(2) Decisions under the authority of the 700 series of this chapter shall be appealed to the plan commission in the same manner as decisions of the plat committee may be appealed.

(3) Decisions under the authority of the 900 series of this chapter shall be appealed to the plan commission, within five (5) days after the decision is rendered, and the plan commission shall consider the petition in the same manner as the petition would be considered by a board of zoning appeals.

(c) The plan commission shall make rules governing the hearing of cases under the combined hearing procedure. The rules may not require a petitioner or an applicant to use the combined hearing procedure authorized under this section.

(d) The plan commission may adopt rules setting specific procedures to facilitate informal settlement of matters. The rules may grant procedural rights to persons in addition to those conferred by this chapter, so long as the rights conferred upon other persons are not substantially prejudiced. This subsection does not require any person to settle a matter under the plan commission's informal procedures.

As added by P.L.321-1995, SEC.2. Amended by P.L.126-2011, SEC.14.
Ind. Code § 36-7-4-221 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-221
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-2-14; 18-7-3-6; 18-7-4-221; 18-7-4-19 part; 18-7-5-20.]

As added by Acts 1981, P.L.309, SEC.23. Repealed by Acts 1981, P.L.310, SEC.94.
Ind. Code § 36-1.5-4-14 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-14
Revision of resolutions
Status: in_force

Sec. 14. The legislative body of a political subdivision may revise a resolution certified under section 10, 12, or 13 of this chapter by adding or deleting proposed parties to the reorganization until all of the political subdivisions named in the resolution have adopted substantially identical reorganization resolutions.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-7.6-10 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-10
Executive board
Status: in_force

Sec. 10. (a) The commission shall elect from among its members, by the affirmative votes of a majority of the members serving on the commission, an executive board that consists of the following:

(1) The four (4) officers of the commission.

(2) Two (2) members of the commission from each county described in section 1 of this chapter.

(3) The member of the commission appointed by the governor.

(b) If a vacancy occurs in a position on the executive board referred to in subsection (a)(2), a successor shall be elected from among the members in the same manner as the member whose position has been vacated.

(c) The executive board shall conduct the business of the commission, except for:

(1) the adoption and amendment of bylaws, rules, and procedures for the operation of the commission;

(2) the election of officers and members of the executive board as provided in this chapter; and

(3) the adoption of the annual appropriation budget after review by the executive board.

(d) The executive board shall meet regularly at least one (1) time each month, unless otherwise determined by its members. The executive board shall notify the full membership of the commission of all its meetings with copies of its preliminary or final agendas and shall report all its actions and determinations to the full membership of the commission.

(e) A majority of members of the executive board constitutes a quorum. An action of the executive board is official only if it is authorized by an affirmative vote of a majority of the total number of members serving on the board at a regular or properly called special meeting. Any action of the executive board shall be reviewed at the next regular meeting of the commission following the executive board's action. Upon either:

(1) a decision by the majority of the board; or

(2) written request of a member of the commission;

an issue shall be brought to a vote of the full commission.

(f) If the immediate past chairperson is not serving as a member of the executive board under subsection (a), that individual shall be a nonvoting member of the executive board.

As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.3.
Ind. Code § 36-2-13-10 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-10
Motor vehicles; equipment; maintenance
Status: in_force

Sec. 10. (a) The county shall furnish one (1) automobile and, with the approval of the county executive and the county fiscal body, may furnish additional automobiles, for use by the sheriff in the performance of the sheriff's official duties. The county shall maintain each automobile in service.

(b) The county executive may purchase for and furnish to the sheriff a motor vehicle that seats a driver, two (2) guards, and at least six (6) other persons, and may be equipped for use as an ambulance or used to transport persons in the custody of the sheriff. The county shall maintain the vehicle.

(c) If the county furnishes and maintains a conveyance for the use of the sheriff, it may not grant the sheriff a mileage allowance but may reimburse the sheriff for other expenses relating to the conveyance.

[Pre-Local Government Recodification Citations: 17-3-10-1; 17-3-11-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.92.
Ind. Code § 36-7-15.1-23 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-23
Aid and cooperation of public entities; delegation; agreements
Status: in_force

Sec. 23. (a) Any:

(1) political subdivision;

(2) other governmental entity;

(3) public instrumentality created by state law; or

(4) public body created by state law;

may, in the area in which it is authorized to act, do all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project, including furnishing the financial and other assistance that it is authorized by this chapter to furnish for or in connection with a redevelopment plan or redevelopment project.

(b) The commission may delegate to:

(1) an executive department of the consolidated city or county;

(2) another governmental entity;

(3) a public instrumentality created by state law; or

(4) a public body created by state law;

any of the powers or functions of the commission with respect to the planning or undertaking of an urban renewal project in the area in which that department or entity is authorized to act. The department, entity, public instrumentality, or public body may then carry out or perform those powers or functions for the commission.

(c) A unit, another governmental entity, a public instrumentality created by state law, or a public body created by state law may enter into agreements with the commission or any other entity respecting action to be taken under this chapter, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project. These agreements may extend over any period, notwithstanding any other law.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.221-2007, SEC.46.
Ind. Code § 36-8-5-7 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-7
Military leaves; pension considerations
Status: in_force

Sec. 7. (a) The monthly assessments against the salary of a member of a 1925, 1937, 1953, or 1977 fund shall be waived while the member is on temporary leave of absence under section 3 of this chapter or on a leave of absence that qualifies for the protections afforded by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).

(b) A member of a 1925, 1937, 1953, or 1977 fund does not lose the member's benefits from the fund because the member fails to pay assessments that are assessed against the member while on temporary leave or on a leave of absence that qualifies for the protections afforded by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).

(c) Notwithstanding any provision of this chapter, a member of the 1925, 1937, 1953, or 1977 fund is entitled to service credit and benefits in the amount and to the extent required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-4-7; subsection (b) formerly 19-1-4-8.]

As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.5-1997, SEC.14; P.L.127-2017, SEC.240.
Ind. Code § 36-2-11-15 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-15
Instruments that may be received for record or filing; name of person or governmental agency that prepared instrument
Status: in_force

Sec. 15. (a) This section does not apply to:

(1) an instrument executed before July 1, 1959, or recorded before July 26, 1967;

(2) a judgment, order, or writ of a court;

(3) a will or death certificate;

(4) an instrument executed or acknowledged outside Indiana; or

(5) a federal lien on real property or a federal tax lien on personal property, as described in section 25 of this chapter.

(b) The recorder may receive for record or filing an instrument that conveys, creates, encumbers, assigns, or otherwise disposes of an interest in or lien on property only if:

(1) the name of the person and governmental agency, if any, that prepared the instrument is printed, typewritten, stamped, or signed in a legible manner at the conclusion of the instrument; and

(2) all Social Security numbers in the document are redacted, unless required by law.

(c) An instrument complies with subsection (b)(1) if it contains a statement in the following form:

"This instrument was prepared by (name).".

(d) An instrument complies with subsection (b)(2) if it contains a statement in the following form at the conclusion of the instrument and immediately preceding or following the statement required by subsection (b)(1):

"I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law (name).".

[Pre-Local Government Recodification Citation: 17-3-41-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.171-2006, SEC.21; P.L.160-2007, SEC.4.
Ind. Code § 36-1-9.5-22 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-22
New statement demand by entity; effect of noncompliance; incomplete or false information in prequalification application
Status: in_force

Sec. 22. (a) An entity may at any time during which a certificate of qualification is in effect demand a new statement. If a contractor does not provide a new statement not later than sixty (60) days after the request is made, the entity may void the contractor's certificate of qualification.

(b) If a contractor fails to provide complete and true information in an application, the application for prequalification shall be rejected.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-13-22 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-22
Terms of written agreement for joint economic development project
Status: in_force

Sec. 22. An agreement described in section 21 of this chapter must provide for the following:

(1) The duration of the agreement.

(2) The purpose of the agreement.

(3) The manner of financing, staffing, and supplying the joint undertaking and of establishing and maintaining a budget for the joint undertaking.

(4) The methods that may be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination of the agreement.

(5) The manner of acquiring, holding, and disposing of real and personal property used in the joint undertaking.

(6) Any other appropriate matters.

As added by P.L.203-2005, SEC.10.
Ind. Code § 36-1-8.5-5.5 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-5.5
Repealed
Status: repealed

As added by P.L.111-2019, SEC.5. Repealed by P.L.159-2020, SEC.71.
Ind. Code § 36-8-7.5-1.7 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-1.7
"Americans with Disabilities Act"
Status: in_force

Sec. 1.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.

As added by P.L.4-1992, SEC.40.
Ind. Code § 36-2-9.5-6 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-6
Administration of oaths
Status: in_force

Sec. 6. The county auditor may administer the following:

(1) An oath necessary in the performance of the auditor's duties.

(2) The oath of office to an officer who receives the officer's certificate of appointment or election from the auditor.

(3) An oath relating to the duty of an officer who receives the officer's certificate of appointment or election from the auditor.

(4) The oath of office to a member of the board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-9-36-34 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-34
Completion and delivery of assessment roll; appeals
Status: in_force

Sec. 34. (a) The works board shall complete the assessment roll and render the works board's decision by modifying or confirming the roll. The assessment roll shall show the total amount of special benefits opposite each name and a description of the property on the roll. When completed, the assessment roll shall be delivered to the following:

(1) The county assessor, for an improvement by a county.

(2) The municipal fiscal officer, for an improvement by a municipality.

(b) The decision of the works board as to all benefits is final and conclusive on all parties. However, an owner of an assessed lot or parcel of land who has filed a written remonstrance with the board may appeal to the circuit or superior court for the county.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-12-3-10 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-10
Finances; powers
Status: in_force

Sec. 10. The library board may do the following:

(1) Adopt a resolution to make loans or issue notes to refund the loans in anticipation of revenues of the library that are expected to be levied and collected during the term of the loans. The term of a loan made under this subdivision may not be more than five (5) years. Loans under this subdivision must be made in the following manner:

(A) The resolution authorizing the loans must appropriate and pledge to payment of the loans a sufficient amount of the revenues in anticipation of which the loans are issued and out of which the loans are payable.

(B) The loans must be evidenced by warrants or tax anticipation notes of the library in terms designating:

(i) the nature of the consideration;

(ii) the time and place payable; and

(iii) the revenues in anticipation of which the loans are issued and out of which the loans are payable.

(2) Borrow money from other persons.

(3) Issue, negotiate, and sell negotiable notes and bonds of the public library.

(4) Levy, assess, and collect, at the same time and in the same manner as other taxes of the public library are levied, assessed, and collected, a special tax in addition to the tax authorized by section 12 of this chapter, sufficient to pay all yearly interest on the bonded and note indebtedness of the public library.

(5) Provide a sinking fund for the liquidation of the principal of the bond when the principal of the bond becomes due.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-8.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-14-54 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-54
Residential housing development program; powers; restrictions
Status: in_force

Sec. 54. (a) This section applies only to a residential housing development program authorized by section 53 of this chapter.

(b) Except as provided in subsections (c) and (d), all the rights, powers, privileges, and immunities that may be exercised by the commission in blighted, deteriorated, or deteriorating areas may be exercised by the commission in implementing its program for a residential housing development, including the following:

(1) The special tax levied in accordance with section 27 of this chapter may be used to accomplish the purposes of the residential housing development program.

(2) Bonds may be issued under this chapter to accomplish the residential housing development program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area except for refunding bonds or bonds issued in an amount necessary to complete a residential housing development program for which bonds were previously issued.

(3) Leases may be entered into under this chapter to accomplish the residential housing development program.

(4) The tax exemptions set forth in section 37 of this chapter are applicable.

(5) Property taxes may be allocated under section 39 of this chapter.

(c) A commission may not exercise the power of eminent domain in implementing its residential housing development program.

(d) A commission may not enter into lease financing or bond financing unless the commission first obtains approval of the county or municipal legislative body.

(e) The residential housing in a residential housing development program may not be encumbered, used as collateral, subjected to a monetary assessment, or otherwise restricted in any way in order to provide security for repayment of a bond that is issued or a lease that is entered into for or in connection with the residential housing development program, including any:

(1) lien;

(2) mortgage;

(3) covenant;

(4) special assessment; or

(5) restriction on a homeowner's right to appeal a property tax assessment or other property tax issue affecting a homeowner's liability for property taxes.

As added by P.L.235-2019, SEC.3.
Ind. Code § 36-7-11-2 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-2
Continuation of existing historical preservation commissions; new commissions; commissions for the preservation of historic street area
Status: in_force

Sec. 2. (a) If before July 1, 1977, a unit established by ordinance a commission for the purpose of historic preservation, that commission may continue to operate, regardless of whether that ordinance is subsequently amended or is consistent with this chapter. If the unit wants to operate a historic preservation commission under this chapter, it must adopt an ordinance under section 4 of this chapter, and this chapter then provides the exclusive method for operation of a historic preservation agency in the unit.

(b) If a unit did not establish a commission for the purpose of historic preservation before July 1, 1977, this chapter provides the exclusive method for operation of a historic preservation agency in the unit.

(c) Subsections (a) and (b) do not limit the power of a municipality to establish a commission for the preservation of a historic street area under IC 36-7-11.3.

[Pre-Local Government Recodification Citation: 18-7-22-1.]

As added by Acts 1981, P.L.309, SEC.30. Amended by Acts 1982, P.L.77, SEC.3; P.L.1-1995, SEC.80; P.L.227-1997, SEC.2.
Ind. Code § 36-6-4-4 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-4
Powers
Status: in_force

Sec. 4. The executive may do the following:

(1) Administer oaths when necessary in the discharge of official duties.

(2) Appoint an attorney to represent the township in any proceeding in which the township is interested.

(3) Enter into certain oil and gas leases of township property under IC 36-9.

(4) Personally use a township vehicle for the performance of official duties, but only if the use is authorized by the township legislative body.

(5) Exercise other powers granted by statute.

[Pre-Local Government Recodification Citations: 17-4-6-2 part; 17-4-6-9 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.191-1987, SEC.15; P.L.302-1989, SEC.1.
Ind. Code § 36-7-30.3-10 — Indiana Code / Title 36 / Article 7 / Chapter 30.3 / Section 36-7-30.3-10
Boundaries of the district
Status: in_force

Sec. 10. A unit's legislative body may amend or supplement the ordinance establishing the district. However, the boundaries of the district may not be changed unless the change is based upon data and maps supplied or approved by the commander.

As added by P.L.43-2023, SEC.5.
Ind. Code § 36-7-4-1202 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1202
Township joinder; additional conditions
Status: in_force

Sec. 1202. (a) ADVISORY. In a county that has a county plan commission or a metropolitan plan commission, after the county has adopted:

(1) a zoning ordinance that establishes reasonable districts for:

(A) agricultural, residential, commercial, and industrial land uses;

(B) adequate setback lines; and

(C) area, bulk, and height restrictions; and

(2) a subdivision control ordinance that imposes restrictions at least equal to those established in the zoning ordinance;

a township may not join with a municipality for planning and zoning purposes. This subsection does not affect a joinder agreement implemented before the county adopts ordinances of the character set forth in this subsection. Such a joinder agreement continues in effect until the township withdraws from the joinder under section 1212 of this chapter.

(b) ADVISORY. If a county has not established a county plan commission or a metropolitan plan commission or adopted ordinances of the character set forth in subsection (a), a township may join with a municipality for planning and zoning purposes.

[Pre-Local Government Recodification Citations: 18-7-4-1202; 18-7-6-3.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.306-1989, SEC.1.
Ind. Code § 36-12-2-23 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-23
Library board; meetings; election of officers; quorum
Status: in_force

Sec. 23. (a) Upon the creation of a new public library, the library board shall meet not later than ten (10) days after a majority of the appointees have taken an oath of office. The organizational meeting may be called by any two (2) members. At the meeting, the board shall:

(1) elect from the members of the board a president, a vice president, a secretary, and other officers that the board determines are necessary; and

(2) adopt bylaws for the board's procedure and management and for the management of the public library.

Officers of the board shall be elected annually.

(b) Four (4) library board members, who are present in person, constitute a quorum for the transaction of business. However, for a county contractual library board under section 17 of this chapter, a quorum consists of six (6) members. The library board shall meet:

(1) at least monthly; and

(2) at any other time a meeting is necessary.

Meetings may be called by the president or any two (2) board members. All meetings of the board, except necessary executive sessions of the officers, are open to the public.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-6.]

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.21.
Ind. Code § 36-7-4-223 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-223
Membership of commission; conflict of interest; disqualification
Status: in_force

Sec. 223. (a) This section does not apply to the preparation or adoption of a comprehensive plan under the 500 series of this chapter.

(b) A member of a plan commission or a legislative body is disqualified and may not participate as a member of the plan commission or legislative body in a hearing or recommendation of that commission or body concerning a legislative act as described in section 1016 of this chapter in which the member has a direct or indirect financial interest. The commission or body shall enter in its records the fact that its member has such a disqualification.

(c) A member of a plan commission is disqualified and may not participate in a hearing of that commission concerning a zoning decision as described in section 1016 of this chapter if:

(1) the member is biased or prejudiced or otherwise unable to be impartial; or

(2) the member has a direct or indirect financial interest in the outcome of the zoning decision.

(d) The plan commission shall enter in the plan commission's records:

(1) the fact that a regular member has a disqualification under subsection (c); and

(2) the name of the alternate member, if any, who participates in the hearing in place of the regular member.

(e) A member of a plan commission or a legislative body may not directly or personally represent another person in a hearing before that commission or body concerning a zoning decision or a legislative act.

(f) A member of a plan commission may not receive any mileage or compensation under section 222.5 of this chapter for attendance at a meeting if the member is disqualified under this section from participating in the entire meeting.

[Pre-Local Government Recodification Citations: 18-7-4-223; 18-7-5-1 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.14; P.L.154-1993, SEC.4; P.L.126-2011, SEC.12.
Ind. Code § 36-2-16.5-1 — Indiana Code / Title 36 / Article 2 / Chapter 16.5 / Section 36-2-16.5-1
Application
Status: in_force

Sec. 1. This chapter applies to all counties, cities, and towns that employ probation officers.

As added by P.L.277-2003, SEC.14.
Ind. Code § 36-9-27-95 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-95
Fees for the sale of bonds
Status: in_force

Sec. 95. Neither a member of the board, the county surveyor, nor any other officer may receive any fees for the sale of bonds to finance the construction or reconstruction of a drain. However, the attorney for the board is not required to perform services under a general retainer in preparation for the sale of the bonds, and may contract separately for those services with the board.

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

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-5-7-3 — Indiana Code / Title 36 / Article 5 / Chapter 7 / Section 36-5-7-3
Tenure; termination or suspension; procedures
Status: in_force

Sec. 3. The marshal serves at the pleasure of the town legislative body. However, before terminating or suspending a marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9, the legislative body must conduct the disciplinary removal and appeals procedure prescribed by IC 36-8 for city fire and police departments.

[Pre-Local Government Recodification Citation: 18-3-1-16 part.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-6-5-4 — Indiana Code / Title 36 / Article 6 / Chapter 5 / Section 36-6-5-4
Certification level of employees of township assessor; authorization for appointment when the township assessor has not attained the required level of certification
Status: in_force

Sec. 4. (a) Before July 1, 2017, an employee of a township assessor who performs real property assessing duties must have attained the level of certification under IC 6-1.1-35.5 that the township assessor is required to attain under section 1(g) of this chapter.

(b) After June 30, 2017, an employee of a township assessor who is responsible for placing an assessed valuation on real property must have attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5.

(c) This subsection applies after June 30, 2017. If the township assessor has not attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5, the township fiscal body shall authorize either of the following:

(1) The appointment of at least one (1) deputy or employee who has attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5.

(2) Contracting with a person who has attained, or who employs for purposes of the contract an individual who has attained, the certification of a level three assessor-appraiser under IC 6-1.1-35.5. The individual under contract with the township assessor under this subdivision shall assist the township assessor with assessment duties as determined by the township assessor.

Payment for the deputy, employee, or contractor shall be made from the budget for the township assessor.

As added by P.L.146-2008, SEC.712. Amended by P.L.167-2015, SEC.15.
Ind. Code § 36-1-3-1.8 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-1.8
"Outdoor equipment"
Status: in_force

Sec. 1.8. As used in this chapter, "outdoor equipment" means a mechanical device that:

(1) is powered by a motor;

(2) is designed to be used outdoors for the purpose of facilitating or assisting in the performance of tasks associated with:

(A) home or lawn maintenance; or

(B) construction; and

(3) if self-propelled, is not permitted under IC 9 to be driven or operated on an interstate highway.

The term includes lawn mowers, powered lawn trimmers, and leaf blowers.

As added by P.L.26-2026, SEC.5.
Ind. Code § 36-2-3-3 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-3
Election of fiscal body; terms
Status: in_force

Sec. 3. (a) The fiscal body shall be elected under IC 3-10-2-13. Except in a county having only single-member districts, members elected from districts and at large members, respectively, are to be elected in alternate, succeeding general elections under section 4 of this chapter. In a county having only single-member districts, the terms of the members are staggered as was provided by law before September 1, 1980.

(b) The term of office of a member of the fiscal body is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.

[Pre-Local Government Recodification Citations: 17-1-24-4; 17-1-25.1-1; 17-1-25.1-2; 17-1-25.1-3; 17-1-28-9.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.143; P.L.5-1986, SEC.35.
Ind. Code § 36-1-10-7.5 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-7.5
Lease of a structure, transportation system, or system by a school corporation
Status: in_force

Sec. 7.5. (a) This section applies only to a school corporation.

(b) A leasing agent may not lease a structure, transportation project, or system unless the governing body of the school corporation determines, after investigation, that the structure, transportation project, or system is needed.

As added by P.L.257-2019, SEC.96.
Ind. Code § 36-12-3-16 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-16
Authorization of disbursements; purchases
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. 16. (a) The library board may adopt a resolution allowing money to be disbursed under this section for lawful library purposes, including advertising and promoting the programs and services of the library.

(b) With the prior written approval of the library board and if the library board has adopted a resolution under subsection (a), claim payments may be made in advance of library board allowance for any of the following types of expenses:

(1) Property or services purchased or leased from the federal government or the federal government's agencies and the state, the state's agencies, or the state's political subdivisions.

(2) Dues, subscriptions, and publications.

(3) License or permit fees.

(4) Insurance premiums.

(5) Utility payments or connection charges.

(6) Federal grant programs where:

(A) advance funding is not prohibited; and

(B) the contracting party posts sufficient security to cover the amount advanced.

(7) Grants of state funds authorized by statute.

(8) Maintenance and service agreements.

(9) Legal retainer fees.

(10) Conference fees.

(11) Expenses related to the educational or professional development of an individual employed by the library board, including:

(A) inservice training;

(B) attending seminars or other special courses of instruction; and

(C) tuition reimbursement;

if the library board determines that the expenditures under this subdivision directly benefit the library.

(12) Leases or rental agreements.

(13) Bond or coupon payments.

(14) Payroll costs.

(15) State, federal, or county taxes.

(16) Expenses that must be paid because of emergency circumstances.

(17) Expenses incurred to advertise and promote the programs and services of the library.

(18) Other expenses described in a library board resolution.

The library board shall review and allow the claim at the library board's first regular or special meeting following the payment of a claim under this section.

(c) Each payment of expenses lawfully incurred for library purposes must be supported by a fully itemized invoice or other documentation. The library director shall certify to the library board before payment that each claim for payment is true and correct. The certification must be on a form prescribed by the state board of accounts.

(d) Purchases of books, magazines, pamphlets, films, filmstrips, microforms, microfilms, slides, transparencies, phonodiscs, phonotapes, models, art reproductions, and all other forms of library and audiovisual materials are exempt from the restrictions imposed by IC 5-22.

(e) The purchase of library automation systems must meet the standards established by the Indiana library and historical board under IC 4-23-7.1-11(b).

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

As added by P.L.1-2005, SEC.49. Amended by P.L.130-2007, SEC.3; P.L.84-2012, SEC.24.
Ind. Code § 36-2-16-3 — Indiana Code / Title 36 / Article 2 / Chapter 16 / Section 36-2-16-3
Performance of duties of appointing officer; regulations and penalties; responsibility for acts of deputy
Status: in_force

Sec. 3. (a) A deputy appointed under this chapter may perform all the official duties of the officer who appointed the deputy and is subject to the same regulations and penalties as the officer.

(b) The officer appointing the deputy is responsible for all the official acts of the deputy.

[Pre-Local Government Recodification Citations: 5-6-1-2 part; 5-6-1-3; 17-3-21-7 part; 17-3-32-4 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.100.
Ind. Code § 36-9-38-27 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-27
Proposed assessments; written remonstrances; hearings; assessment roll; deficiency of funds
Status: in_force

Sec. 27. (a) At the hearing fixed under section 26 of this chapter, the municipal works board shall hear all owners of assessed real property who have filed written remonstrances before the date of the hearing. The hearing may be continued from time to time without further notice, as necessary to hear the owners.

(b) The works board shall make a determination increasing, decreasing, or confirming each assessment by setting opposite each name, parcel, and appraisers' assessment on the assessment roll the amount of the assessment as determined by the works board. If the total of the assessments exceeds the amount needed, the works board shall make a pro rata reduction in each assessment.

(c) The signing of the assessment roll by a majority of the members of the works board and the delivery of the roll to the municipal fiscal officer constitute a final and conclusive determination of the benefits or damages assessed. However, a person may appeal the determination if:

(1) the person had previously filed a written remonstrance under this section; or

(2) the person's assessment was increased above the amount fixed by the appraisers.

(d) An appeal must be made in the manner prescribed by IC 34-13-6.

(e) If the final determination of the works board causes the total of the money available to be inadequate to cover the cost of the improvement, the deficiency may be supplied in the manner provided by section 24 of this chapter.

As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.218.
Ind. Code § 36-1-2-13 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-13
"Political subdivision"
Status: in_force

Sec. 13. "Political subdivision" means municipal corporation or special taxing district.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-3-1-0.3 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-0.3
General assembly findings
Status: in_force

Sec. 0.3. The general assembly finds the following:

(1) A consolidated city faces unique budget challenges due to a high demand for services combined with the large number of tax exempt properties located in a consolidated city as the seat of state government, home to several institutions of higher education, and home to numerous national, state, and regional nonprofit corporations.

(2) By virtue of its size and population density, a consolidated city has unique overlapping territories of county and city government and an absence of unincorporated areas within its county.

(3) Substantial operational efficiencies, reduction of administrative costs, and economies of scale may be obtained in a consolidated city through consolidation of certain county, city, and township functions.

(4) Consolidation of certain county, city, and township services and operations will serve the public purpose by allowing the consolidated city to:

(A) eliminate duplicative services;

(B) provide better coordinated and more uniform delivery of local governmental services;

(C) provide uniform oversight and accountability for the budgets for local governmental services; and

(D) allow local government services to be provided more efficiently and at a lower cost than without consolidation.

(5) Efficient and fiscally responsible operation of local government benefits the health and welfare of the citizens of a consolidated city and is of public utility and benefit.

(6) The public purpose of those parts of P.L.227-2005 relating to a consolidated city is to provide a consolidated city with the means to perform essential governmental services for its citizens in an effective, efficient, and fiscally responsible manner.

As added by P.L.220-2011, SEC.647.
Ind. Code § 36-2-16.5-4 — Indiana Code / Title 36 / Article 2 / Chapter 16.5 / Section 36-2-16.5-4
Salary of probation officer
Status: in_force

Sec. 4. The county, city, or town fiscal body shall fix the salary of a probation officer based on the salary schedule adopted under this chapter.

As added by P.L.277-2003, SEC.14.
Ind. Code § 36-1-8.5-1 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-1
Applicability
Status: in_force

Sec. 1. This chapter applies to all units.

As added by P.L.106-2013, SEC.2. Amended by P.L.91-2023, SEC.1.
Ind. Code § 36-2-2-23 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-23
County property; licenses, permits, or franchises for use; utilities; state consent
Status: in_force

Sec. 23. (a) The executive may grant licenses, permits, or franchises for the use of county property if they:

(1) are not exclusive;

(2) are of a definite duration; and

(3) are assignable only with the consent of the executive.

(b) If a public utility or municipally owned or operated utility that carries on business outside the corporate boundaries of municipalities in the county is engaged in an activity substantially similar to that for which a license, permit, or franchise for the use of county property is sought, the executive may grant the license, permit, or franchise only with the consent of the utility regulatory commission. The commission may give its consent only if it determines, after a public hearing of all interested parties, that public necessity and convenience require the substantially similar activity.

(c) The provisions of this section that concern securing the consent of the utility regulatory commission do not apply to municipally owned or operated utilities.

[Pre-Local Government Recodification Citation: 17-1-14-11 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1988, SEC.117.
Ind. Code § 36-8-12.2-7 — Indiana Code / Title 36 / Article 8 / Chapter 12.2 / Section 36-8-12.2-7
Service charge billed to responsible party
Status: in_force

Sec. 7. A fire department imposing a charge under this chapter may bill the responsible party for the total value of the assistance provided, as determined from the state fire marshal's schedule of service charges issued under IC 36-8-12-16(h).

As added by P.L.33-2001, SEC.3. Amended by P.L.182-2009(ss), SEC.438.
Ind. Code § 36-5-6.5-3 — Indiana Code / Title 36 / Article 5 / Chapter 6.5 / Section 36-5-6.5-3
Town controller is town fiscal officer
Status: in_force

Sec. 3. The town controller serves as the town's fiscal officer.

As added by P.L.56-2022, SEC.9.
Ind. Code § 36-7-4-1615 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1615
Finding of prejudice; judicial action
Status: in_force

Sec. 1615. If the court finds that a person has been prejudiced under section 1614 of this chapter, the court may set aside a zoning decision and:

(1) remand the case to the board for further proceedings; or

(2) compel a decision that has been unreasonably delayed or unlawfully withheld.

As added by P.L.126-2011, SEC.62.
Ind. Code § 36-4-12-8 — Indiana Code / Title 36 / Article 4 / Chapter 12 / Section 36-4-12-8
Performance bond
Status: in_force

Sec. 8. The city manager shall execute a bond for the faithful performance of the city manager's duties in the manner prescribed by IC 5-4-1.

As added by P.L.10-1997, SEC.32.
Ind. Code § 36-5-7-6 — Indiana Code / Title 36 / Article 5 / Chapter 7 / Section 36-5-7-6
Deputy marshals; appointment; powers and liabilities; bond, compensation, and term; dismissal; procedure
Status: in_force

Sec. 6. (a) The town legislative body shall by ordinance fix the number of deputy marshals. The town legislative body may by ordinance authorize the marshal to appoint deputy marshals. Deputy marshals have the powers and liabilities of the marshal in executing the orders of the legislative body or enforcing laws.

(b) One (1) deputy marshal may be designated as the town humane officer. The designated deputy has the duties prescribed by IC 36-8 for city humane officers.

(c) The legislative body shall fix the amount of bond, compensation, and term of service of deputy marshals. The marshal may dismiss a deputy marshal at any time. However, a deputy marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9 may be dismissed only if the procedure prescribed by section 3 of this chapter is followed.

[Pre-Local Government Recodification Citations: 18-3-1-16 part; 18-3-1-33.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.51-1999, SEC.1; P.L.127-2017, SEC.153.
Ind. Code § 36-8-15-9 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-9
Governing body; powers; establishment of a public safety communications commission
Status: in_force

Sec. 9. (a) The board is the governing body of the district.

(b) The board may do the following:

(1) Finance, purchase, acquire, lease, erect, install, construct, equip, upgrade, operate, and maintain facilities.

(2) Sue, be sued, plead, and be impleaded.

(3) Condemn, appropriate, lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with facilities.

(4) Acquire real or personal property by gift, devise, or bequest, and hold, use, or dispose of that property for purposes authorized by this chapter.

(5) Design, order, contract for, construct, and equip any facilities.

(6) Employ architects, engineers, attorneys, auditors, clerks, construction managers, and other employees necessary for the financing, erection, and equipping of facilities.

(7) Make and enter into all contracts and agreements necessary or incidental to accomplishing the purposes of the district.

(c) In a county not having a consolidated city, the board shall establish a public safety communications commission representing the public safety agencies that are served by the district. The members of this commission are:

(1) one (1) person appointed by the county executive;

(2) one (1) person appointed by the county fiscal body;

(3) one (1) person appointed by the executive of each city in the district; and

(4) the county sheriff.

Members serve for four (4) year terms. The county legislative body shall provide by ordinance for the length of each initial term so that the result is staggered terms for commission members.

(d) In a county not having a consolidated city, the chief law enforcement and fire safety officers of each participating unit shall constitute a technical advisory committee to advise the board and the public safety communications commission upon request.

(e) In a county not having a consolidated city, the commission established under this section shall operate any public safety communications system established under this chapter. In a county having a consolidated city, the board shall operate any public safety communications system established under this chapter.

As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.5; P.L.2-1989, SEC.50.
Ind. Code § 36-1-6-11 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-11
Notices to department of environmental management concerning environmental restrictive ordinances; waiver of notice; ordinance must state notice requirements, but is not void for failure to state
Status: in_force

Sec. 11. (a) Subject to subsection (e), the legislative body of a municipal corporation shall:

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

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

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

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

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

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

(1) approved by the department; and

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

As added by P.L.78-2009, SEC.22. Amended by P.L.159-2011, SEC.43.
Ind. Code § 36-9-32-7 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-7
Bonds; issuance and sale; payment; ordinances; amount; validity; taxation; refunding bonds; security registration
Status: in_force

Sec. 7. (a) The municipality may issue and sell bonds to provide money for any public improvement under this chapter.

(b) The bonds and interest on them are payable only out of a special fund, to be established as provided in this chapter. The bonds do not constitute an indebtedness of the municipality within the meaning of any constitutional limitation. Each bond must state plainly on its face that it is payable only from a special fund and that it does not constitute an indebtedness of the municipality within the meaning of any constitutional debt limitation. Neither the faith and credit nor the taxing power of the municipality is or may be pledged for the payment of the principal of, premium (if any) on, or interest on bonds issued under this chapter. An owner of bonds issued under this chapter is not entitled to compel the exercise of the taxing power by the municipality or the forfeiture of any of its property in connection with any default on bonds issued under this chapter.

(c) Bonds issued under this chapter may be sold at public or private sale for the price, in the manner, and at the time determined by the legislative body.

(d) The ordinance of the legislative body authorizing the bonds must provide, either in the body of the ordinance or by incorporating another document by reference:

(1) the manner of their execution;

(2) their term or terms, which may not exceed forty (40) years;

(3) their interest rate;

(4) their denominations;

(5) their form;

(6) the medium of their payments;

(7) the place and manner of their payment;

(8) the terms of their redemption, if any; and

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

(e) The bonds may be issued in an amount sufficient to pay all or any part of the cost of any public improvement authorized by this chapter including the funding of interest in an amount to be determined by the legislative body, the establishment of reserves to secure payment of such bonds, and the payment of all other costs or expenses incident to and necessary or convenient to carry out the purposes and powers authorized by this chapter.

(f) The bonds and their authorization, issuance, sale, and delivery are not subject to any general statute concerning bonds.

(g) An action to contest the validity of bonds issued under this chapter may not be commenced more than fifteen (15) days after publication of notice of the adoption of the ordinance approving them. The bonds are conclusively presumed to be valid after that period has passed.

(h) Any bonds issued under this chapter are exempt from taxation as provided in IC 6-8-5.

(i) If the legislative body finds that a refunding of outstanding bonds issued under this chapter would be of benefit to the municipality, it may authorize the issuance of refunding bonds payable solely from revenues derived from notes or other secured or unsecured obligations of any person that has entered into a loan agreement with a municipality under this chapter, or from escrowed bond proceeds or other sources of principal and interest payments under this chapter. Refunding bonds shall be issued in the same manner as bonds issued under this chapter and are payable only from sources set forth in this chapter.

(j) Any bond issued under this chapter is exempt from any security registration requirements provided for in Indiana statutes.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-4-3-15 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-15
Remonstrances; judgment; repeal of annexation; effective date of annexation
Status: in_force

Sec. 15. (a) The court's judgment under section 12 or 15.5 of this chapter must specify the annexation ordinance on which the remonstrance is based. The clerk of the court shall deliver a certified copy of the final and unappealable judgment to the clerk of the municipality. The clerk of the municipality shall:

(1) record the judgment in the clerk's ordinance record; and

(2) make a cross-reference to the record of the judgment on the margin of the record of the annexation ordinance.

(b) If a final and unappealable judgment under section 12 or 15.5 of this chapter is adverse to annexation, the municipality may not make further attempts to annex the territory or any part of the territory during the four (4) years after the later of:

(1) the judgment of the circuit or superior court; or

(2) the date of the final disposition of all appeals to a higher court;

unless the annexation is petitioned for under section 5 or 5.1 of this chapter.

(c) This subsection applies if a municipality repeals the annexation ordinance:

(1) less than sixty-one (61) days after the publication of the ordinance under section 7(a) of this chapter; and

(2) before the hearing commences on the remonstrance under section 11(c) of this chapter.

A municipality may not make further attempts to annex the territory or any part of the territory during the twelve (12) months after the date the municipality repeals the annexation ordinance. This subsection does not prohibit an annexation of the territory or part of the territory that is petitioned for under section 5 or 5.1 of this chapter.

(d) This subsection applies if a municipality repeals the annexation ordinance:

(1) at least sixty-one (61) days but not more than one hundred twenty (120) days after the publication of the ordinance under section 7(a) of this chapter; and

(2) before the hearing commences on the remonstrance under section 11(c) of this chapter.

A municipality may not make further attempts to annex the territory or any part of the territory during the twenty-four (24) months after the date the municipality repeals the annexation ordinance. This subsection does not prohibit an annexation of the territory or part of the territory that is petitioned for under section 5 or 5.1 of this chapter.

(e) This subsection applies if a municipality repeals the annexation ordinance:

(1) either:

(A) at least one hundred twenty-one (121) days after publication of the ordinance under section 7(a) of this chapter but before the hearing commences on the remonstrance under section 11(c) of this chapter; or

(B) after the hearing commences on the remonstrance as set forth in section 11(c) of this chapter; and

(2) before the date of the judgment of the circuit or superior court as set forth in subsection (b).

A municipality may not make further attempts to annex the territory or any part of the territory during the forty-two (42) months after the date the municipality repeals the annexation ordinance. This subsection does not prohibit an annexation of the territory or part of the territory that is petitioned for under section 5 or 5.1 of this chapter.

(f) An annexation is effective when the clerk of the municipality complies with the filing requirement of section 22(a) of this chapter.

[Pre-Local Government Recodification Citation: 18-5-10-26.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.308, SEC.6; P.L.56-1988, SEC.14; P.L.5-1989, SEC.97; P.L.12-1992, SEC.158; P.L.231-1996, SEC.3; P.L.2-1997, SEC.82; P.L.248-1999, SEC.8; P.L.224-2001, SEC.11; P.L.1-2002, SEC.157; P.L.228-2015, SEC.21.
Ind. Code § 36-7-8-10 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-10
Violations and penalties; fees
Status: in_force

Sec. 10. An ordinance adopted under section 3 or 4 of this chapter may provide a reasonable penalty for violations. An ordinance adopted under section 3 of this chapter may also include a reasonable fee for permits, registration, renewal, examination, and reexamination.

[Pre-Local Government Recodification Citations: 17-2-72-11; 17-2-72.5-9.]

As added by Acts 1981, P.L.309, SEC.27.
Ind. Code § 36-1-21-6 — Indiana Code / Title 36 / Article 1 / Chapter 21 / Section 36-1-21-6
Annual certification by officer
Status: in_force

Sec. 6. Each elected officer of the unit shall annually certify in writing, subject to the penalties for perjury, that the officer is in compliance with this chapter. An officer shall submit the certification to the executive of the unit not later than December 31 of each year.

As added by P.L.135-2012, SEC.8.
Ind. Code § 36-7-15.3-16 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-16
Issuance of bonds; full and complete authority; status
Status: in_force

Sec. 16. (a) This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceeding, publication, notice, consent, approval, order, or act by the board of any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to issue any bonds, except as prescribed by this chapter.

(b) Bonds issued under this chapter 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 Indiana law.

As added by P.L.84-1987, SEC.14. Amended by P.L.42-1993, SEC.98.
Ind. Code § 36-7-4.2-4 — Indiana Code / Title 36 / Article 7 / Chapter 4.2 / Section 36-7-4.2-4
"Mixed use residential"
Status: in_force

Sec. 4. As used in this chapter, "mixed use residential" means a development project that provides within a shared building or development area:

(1) residential uses, including multiple dwelling units; and

(2) nonresidential uses that:

(A) comprise less than fifty percent (50%) of the total square footage of the development; and

(B) are restricted to the first floor of any building consisting of at least two (2) stories.

As added by P.L.117-2026, SEC.3.
Ind. Code § 36-10-9-11.1 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-11.1
Defeased bonds; use of funds in capital improvement bond fund and capital improvement fund
Status: in_force

Sec. 11.1. (a) Upon the defeasance of an issue of capital improvement board bonds, the board may use funds in its capital improvement bond fund for those defeased bonds for the purposes set forth in subsection (b) if the board:

(1) has sold all or part of a capital improvement to a county convention and recreation facilities authority and leased it back; or

(2) has leased all or part of a capital improvement to a county convention and recreation facilities authority and leased it back.

(b) The board may use the funds in the capital improvement fund for the defeased bonds for the following:

(1) As payment of lease rental or as a reserve for lease rental.

(2) As a deposit with the county convention and recreation facilities authority or a trustee for the authority's bond owners to be used for payment of those bonds or as a reserve for those bonds.

(3) For any purpose for which the board is authorized to expend or apply funds.

(4) For any combination of the purposes set forth in subdivisions (1), (2), and (3).

As added by P.L.82-1985, SEC.11.
Ind. Code § 36-7.5-2-4 — Indiana Code / Title 36 / Article 7.5 / Chapter 2 / Section 36-7.5-2-4
Development board; terms of members; vacancy; oath; compensation
Status: in_force

Sec. 4. (a) A member appointed to the development board serves a four (4) year term. However, a member serves at the pleasure of the appointing authority. A member may be reappointed to subsequent terms.

(b) Subject to section 3(i) of this chapter, if a vacancy occurs on the development board, the appointing authority that made the original appointment shall fill the vacancy by appointing a new member for the remainder of the vacated term.

(c) Each member appointed to the development board, 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 development board.

(d) A member appointed to the development board is not entitled to receive any compensation for performance of the member's duties. However, a member is entitled to a per diem from the development authority for the member's participation in development board meetings. The amount of the per diem is equal to the amount of the per diem provided under IC 4-10-11-2.1(b).

As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.56; P.L.144-2020, SEC.2; P.L.165-2021, SEC.210.
Ind. Code § 36-7-32.6-26 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-26
Determination of gross retail base period amount and income tax base period amount; tax incremental amount calculations; transfer of tax incremental amounts
Status: in_force

Sec. 26. (a) Not later than October 1 of the calendar year immediately following the designation date of the stadium development district, the department of state revenue shall set the gross retail base period amount and the income tax base period amount. The department of state revenue may request any information necessary from the executive or the board to determine the gross retail base period amount and the income tax base period amount. Not later than ten (10) days after a request from the department of state revenue, the executive and the board shall provide the necessary information.

(b) Revenue collected under the state adjusted gross income taxes and state gross retail and use taxes may not be allocated under this section before January 1 of the year immediately following the year in which the gross retail base period amount and the income tax base period amount are determined under subsection (a).

(c) Before the first business day in October of each year, the department of state revenue shall calculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for the stadium development district designated under this chapter.

(d) Taxpayers operating in the stadium development district shall report annually, in the manner and form prescribed by the department of state revenue, information that the department of state revenue determines necessary to calculate the net increment.

(e) A taxpayer operating in the stadium development district that files a consolidated tax return with the department of state revenue shall also file annually an informational return with the department of state revenue for each business location of the taxpayer within the stadium development district.

(f) If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department of state revenue shall use the best information available in calculating the income tax incremental amount and gross retail incremental amount.

(g) The department of state revenue shall transfer the amount calculated as provided in subsection (c) to the stadium development district fund established for the stadium development district under section 27 of this chapter by November 1 of each year.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-10-8-10 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-10
Payment of certain operational expenses from capital improvement fund
Status: in_force

Sec. 10. All operational expenses actually incurred by the board within the approved budget necessary to be paid before the receipt of income by the board from the leasing or use of a capital improvement, and any expenses that cannot be paid from that income because of an excess of expenses over income, shall be met and paid by funds in the capital improvement fund.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-10-11-15 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-15
Lease; notice and hearing; authorization of execution
Status: in_force

Sec. 15. (a) When the authority and a governmental entity have agreed upon the lease, and before the final execution of the lease, a notice shall be published under IC 5-3-1 of a hearing to be held by the fiscal body of the governmental entity. The hearing shall be held on a day at least ten (10) days after the publication of notice. The proposed lease and any plans and specifications must be open to inspection by the public during the ten (10) day period and at the hearing.

(b) The notice must state:

(1) the date, place, and time of the hearing;

(2) a brief summary of the principal terms of the lease, including the character and location of the property to be leased;

(3) the estimated lease rental to be paid; and

(4) the period of the lease.

(c) All interested persons are entitled to be heard at the hearing concerning the necessity for the execution of the lease and whether the lease rental is fair and reasonable. The hearing may be adjourned to a later date fixed before adjournment. Following the hearing the fiscal body may either:

(1) authorize the execution of the original lease; or

(2) authorize the execution of the lease with modifications that are agreed to by the authority.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7.6-4-6 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-6
Bond refunding; leases
Status: in_force

Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3, IC 36-9-3, or prior law may be refunded as provided in this section.

(b) An eligible political subdivision may:

(1) lease all or a part of land or a project or projects to a development authority, which may be at a nominal lease rental with a lease back to the eligible political subdivision, conditioned upon the development authority assuming bonds issued under IC 8-5-15, IC 8-22-3, IC 36-9-3, or prior law and issuing its bonds to refund those bonds; and

(2) sell all or a part of land or a project or projects to a development authority for a price sufficient to provide for the refunding of those bonds and lease back the land or project or projects from the development authority.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-7-23-21 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-21
Broad construction of board's powers
Status: in_force

Sec. 21. The board's powers under this chapter shall be interpreted broadly to effectuate the purposes of this chapter and may not be construed as a limitation of powers.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-1-12-1.6 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-1.6
Repealed
Status: repealed

As added by P.L.329-1985, SEC.11. Repealed by P.L.82-1995, SEC.20.
Ind. Code § 36-8-16.7-38.5 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-38.5
Advance payment of certain expenses; reimbursement
Status: in_force

Sec. 38.5. (a) This section applies to a political subdivision that operates a PSAP.

(b) Notwithstanding any other law, the fiscal body of a political subdivision may adopt an ordinance to authorize payment in advance of all or part of the cost of:

(1) the lease, purchase, or maintenance of communications service equipment; and

(2) rates associated with a communications service provider's enhanced emergency communications system network services;

from any legally available fund of the political subdivision, including the political subdivision's rainy day fund.

(c) If a political subdivision makes a payment in advance under this section, the political subdivision shall reimburse the fund from which the advance payment was made.

As added by P.L.157-2015, SEC.13.
Ind. Code § 36-8-25.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 25.5 / Section 36-8-25.5-4
Executive director
Status: in_force

Sec. 4. (a) The Indianapolis metropolitan police department shall appoint an executive director to assist the executive board in the efficient administration of its powers and duties. The person appointed as executive director must have at least ten (10) years of experience as a law enforcement officer, with at least five (5) years of command experience.

(b) The executive director:

(1) shall oversee the day to day operations of the task force, including supervision of task force divisions;

(2) is the executive agent of the executive board in the administration of the executive board's policies; and

(3) has the other powers and duties delegated to the executive director by the executive board.

(c) Subject to the approval of the executive board, the executive director shall:

(1) employ; and

(2) determine the qualifications, compensation, and duties of;

employees and staff necessary to carry out the operations of the task force. For purposes of this subsection, "employees and staff" does not include law enforcement officers assigned to the task force.

As added by P.L.217-2021, SEC.2.
Ind. Code § 36-8-15-16 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-16
Bonds; limitation on total issue; nature of bonds
Status: in_force

Sec. 16. (a) The total issue of bonds under section 15 of this chapter, for purposes of the district, including bonds already issued or to be issued, may not exceed one percent (1%) of the adjusted value of the taxable property within the district, as determined under IC 36-1-15. All bonds or obligations issued in violation of this subsection are void.

(b) Bonds issued under section 15 of this chapter are not, in any respect, corporate obligations or indebtedness of the consolidated city but constitute an indebtedness of the district. The bonds and interest on them are payable only out of revenues of the district. Bonds must recite these terms upon their face.

As added by P.L.82-1985, SEC.3. Amended by P.L.6-1997, SEC.214.
Ind. Code § 36-7-4-1300 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1300
1300 Series—Impact Fees
Status: in_force

Sec. 1300. This series (sections 1300 through 1399 of this chapter) may be cited as follows: 1300 SERIES — IMPACT FEES.

As added by P.L.221-1991, SEC.1.
Ind. Code § 36-7-31.3-6 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-6
"Tax area"
Status: in_force

Sec. 6. As used in this chapter, "tax area" means a geographic area established as a professional sports and convention development area under section 10 of this chapter.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-2-2.8-5 — Indiana Code / Title 36 / Article 2 / Chapter 2.8 / Section 36-2-2.8-5
Ordinance requiring standard contractual language
Status: in_force

Sec. 5. The county executive may, by ordinance, require standard contractual language to be used in all contracts entered into by the county, including contracts executed by a county officer. The ordinance may include:

(1) provisions for indemnification;

(2) dispute resolution provisions;

(3) venue requirements;

(4) termination provisions; and

(5) notification provisions.

As added by P.L.139-2024, SEC.1.
Ind. Code § 36-8-19-16 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-16
Duty of the department of local government finance to review tax rates and levies for certain fire protection territories; recommendations to units concerning existing tax rates and levies; authority to conduct public hearings; report of findings and recommendations to the legislative council
Status: in_force

Sec. 16. (a) The department of local government finance, in consultation with the applicable participating units, shall review the tax rates and levies for each fire protection territory whose establishment was effective not later than July 1, 2012. The department shall complete its review of the applicable territories before October 1, 2017.

(b) The department of local government finance shall make recommendations to the participating units concerning their existing tax rates and tax levies. In conducting its review, the department of local government finance shall consider the following factors and discuss the factors with each participating unit in the territory:

(1) The population and change in population of each unit in the territory.

(2) The assessed valuation and change of assessed valuation of real property in each unit in the territory.

(3) The cost of providing fire service to each unit in the territory.

(4) Comparisons to other jurisdictions providing similar fire service.

(5) Previous tax rates and levies for fire protection.

(6) Future needs and planned or expected expenses for fire service.

(7) Other factors as determined by the department.

(c) Participating units shall provide the department of local government finance with any information or documentation requested by the department.

(d) The department of local government finance may conduct public hearings in performing its duties under this section.

(e) The department of local government finance shall report its findings and recommendations under this section to the legislative council before October 1, 2017, in an electronic format under IC 5-14-6.

As added by P.L.249-2015, SEC.34.
Ind. Code § 36-9-36-43 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-43
Delinquent installments; acceleration; foreclosure of lien; notice of delinquency
Status: in_force

Sec. 43. (a) Failure to pay an installment of principal or interest when the installment is due makes all installments of principal yet unpaid due and payable immediately, unless the unpaid installment of principal or interest is paid within the grace period provided.

(b) If the unit fails to collect an unpaid assessment or installment when due, liability does not accrue against the unit. However, the owner of the bonds or the person to whom the amount of the unpaid assessment for the performance of the work is due and owing is entitled to proceed in court to do the following:

(1) Enforce the lien or the unpaid assessment.

(2) Recover interest, costs, and reasonable attorney's fees.

(3) Have the proceeds of sale applied to the owner's or person's claim.

(c) If a person defaults in the payment of an installment of principal or interest, the disbursing officer shall mail a notice of the delinquency to the person in accordance with IC 36-9-37 regardless of whether a waiver has been signed. A notice mailed to the person in whose name the lands are assessed, addressed to the person within the unit, is sufficient notice. The person is not liable for attorney's fees unless an action is actually brought on the assessment.

(d) An action to collect an unpaid assessment may not be brought until the notice required by subsection (c) has been given.

(e) An action for foreclosure must be commenced not more than five (5) years after the cause of action accrues.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-40-18 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-18
Presumptions with respect to assessment; assessment notice to property owner
Status: in_force

Sec. 18. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land:

(1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land.

(2) The assessment is the final and conclusive assessment unless the assessment:

(A) exceeds the engineer's estimate under section 8 of this chapter; and

(B) is challenged under section 19 of this chapter.

(b) Immediately after the assessment roll is completed and filed, the works board shall notify in writing the owner of the property on which the system is constructed:

(1) of the assessment amount;

(2) that the basis of the assessment amount is on file and may be inspected at the works board's office; and

(3) of the time and date before which an objection must be filed with the works board.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-7.5-7-6 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-6
Use of money in the fund
Status: in_force

Sec. 6. (a) Money in the convention fund may be used only for the following:

(1) To acquire, improve, prepare, modernize, construct, repair, demolish, and equip a convention center located in Lake County.

(2) To pay the principal and interest on any obligations, including bonds or leases and development costs, incurred by the development authority for the purpose of financing or refinancing the development of a convention center located in Lake County.

(3) To establish, augment, or restore a debt service reserve for obligations described in this subsection.

(4) If the development authority determines excess money exists in the convention fund, for improvements to the convention center and around the convention center.

(b) Money in the convention fund may not be used to pay operating expenses.

As added by P.L.195-2023, SEC.7.
Ind. Code § 36-9-42.2-7.5 — Indiana Code / Title 36 / Article 9 / Chapter 42.2 / Section 36-9-42.2-7.5
Repealed
Status: repealed

As added by P.L.141-2013, SEC.1. Repealed by P.L.218-2017, SEC.100.
Ind. Code § 36-7-31.3-5 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-5
"Department"
Status: in_force

Sec. 5. As used in this chapter, "department" refers to the department of state revenue.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-1.5-1-6 — Indiana Code / Title 36 / Article 1.5 / Chapter 1 / Section 36-1.5-1-6
Provisions of this article inconsistent with other laws; exercise of powers after reorganization
Status: in_force

Sec. 6. Except as otherwise specifically provided by law, to the extent the provisions of this article are inconsistent with the provisions of any other general, special, or local law, the provisions of this article are controlling, and compliance with this article shall be treated as compliance with the conflicting law. However, after the reorganization, the reorganized political subdivision may exercise any power described in IC 36-1.5-4-38.

As added by P.L.186-2006, SEC.4. Amended by P.L.255-2013, SEC.5.
Ind. Code § 36-1.5-1-5 — Indiana Code / Title 36 / Article 1.5 / Chapter 1 / Section 36-1.5-1-5
Liberal construction
Status: in_force

Sec. 5. This article shall be liberally construed to effect the purposes of this article.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-10-3-39 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-39
Application of section; discharge of firearm or shooting of arrow with bow, Class B misdemeanor; hunting, firearm sport, or archery area
Status: in_force

Sec. 39. (a) This section applies only to parks within the jurisdiction of a county board.

(b) A person who knowingly discharges a firearm or shoots an arrow with a bow into or inside a park commits a Class B misdemeanor.

(c) This section does not apply to an area that the board designates as a hunting, firearm sport, or archery area.

[Pre-Local Government Recodification Citation: 19-7-4-74.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-10-10-24 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-24
Tax exemption
Status: in_force

Sec. 24. All:

(1) property owned by the authority;

(2) revenues of the authority; and

(3) bonds or other securities issued by the authority, the interest on them, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost of acquisition, proceeds received upon redemption prior to maturity, proceeds received at maturity, and the receipt of interest and proceeds;

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

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.21-1990, SEC.59; P.L.254-1997(ss), SEC.36; P.L.79-2017, SEC.88.
Ind. Code § 36-8-10.6-2 — Indiana Code / Title 36 / Article 8 / Chapter 10.6 / Section 36-8-10.6-2
"Executive training program"
Status: in_force

Sec. 2. As used in this chapter, "executive training program" means the fire chief executive training program described in section 4 of this chapter.

As added by P.L.187-2021, SEC.144.
Ind. Code § 36-3-5-2.5 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-2.5
Controller as fiscal officer and director of office of finance and management; county treasurer as ex officio treasurer
Status: in_force

Sec. 2.5. (a) The controller appointed under section 2 of this chapter is:

(1) the fiscal officer of:

(A) the consolidated city; and

(B) the county; and

(2) the director of the office of finance and management under section 2.7 of this chapter.

(b) The county treasurer serves ex officio as the treasurer of the consolidated city.

[Pre-Local Government Recodification Citation: 17-2-85-1 part.]

As added by Acts 1981, P.L.11, SEC.158. Amended by P.L.227-2005, SEC.22.
Ind. Code § 36-2-14-9 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-9
Repealed
Status: repealed

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

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.96. Repealed by P.L.75-2026, SEC.6.
Ind. Code § 36-7.7-4-1 — Indiana Code / Title 36 / Article 7.7 / Chapter 4 / Section 36-7.7-4-1
Public purchasing and public works project laws apply; goals for participation
Status: in_force

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

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

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

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

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

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

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

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-7-19-6 — Indiana Code / Title 36 / Article 7 / Chapter 19 / Section 36-7-19-6
Appropriations
Status: in_force

Sec. 6. When a housing authority is established in a political subdivision, the fiscal body of the subdivision shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of the authority during the first year after that, and shall appropriate that amount to the authority out of any unappropriated money in the treasury of the subdivision.

[Pre-Local Government Recodification Citation: 18-7-12-6.]

As added by Acts 1981, P.L.309, SEC.38.
Ind. Code § 36-8-12-13 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-13
Charges; owners of property or vehicle involved in fire or spill; failure to pay; administrative fees
Status: in_force

Sec. 13. (a) Except as provided in subsection (b), the volunteer fire department that responds first to an incident may impose a charge on the owner of property, the owner of a vehicle, or a responsible party (as defined in IC 13-11-2-191(d)) that is involved in a hazardous material or fuel spill or chemical or hazardous material related fire (as defined in IC 13-11-2-96(b)):

(1) that is responded to by the volunteer fire department; and

(2) that members of that volunteer fire department assisted in extinguishing, containing, or cleaning up.

A second or subsequently responding volunteer fire department may not impose a charge on an owner or responsible party under this section, although it may be entitled to reimbursement from the first responding volunteer fire department in accordance with an interlocal or other agreement.

(b) A volunteer fire department that is funded, in whole or in part:

(1) by taxes imposed by a unit; or

(2) by a contract with a unit;

may not impose a charge under subsection (a) on a natural person who resides or pays property taxes within the boundaries of the unit described in subdivision (1) or (2), unless the spill or the chemical or hazardous material fire poses an imminent threat to persons or property.

(c) The volunteer fire department shall bill the owner or responsible party of the vehicle for the total dollar value of the assistance that was provided, with that value determined by a method that the state fire marshal shall establish under section 16 of this chapter. A copy of the fire incident report to the state fire marshal must accompany the bill. This billing must take place within thirty (30) days after the assistance was provided. The owner or responsible party shall remit payment directly to the governmental unit providing the service. Any money that is collected under this section may be:

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

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

(3) used for the purchase of equipment, buildings, and property for firefighting, fire protection, and other emergency services.

(d) Any administrative fees charged by a fire department's agent must be paid only from fees that are collected and allowed by Indiana law and the fire marshal's schedule of fees.

(e) An agent who processes fees on behalf of a fire department shall send all bills, notices, and other related materials to both the fire department and the person being billed for services.

(f) All fees allowed by Indiana law and the fire marshal's fee schedule must be itemized separately from any other charges.

(g) The volunteer fire department may maintain a civil action to recover an unpaid charge that is imposed under subsection (a) and may, if it prevails, recover all costs of the action, including reasonable attorney's fees.

As added by P.L.315-1989, SEC.1. Amended by P.L.18-1990, SEC.294; P.L.70-1995, SEC.8; P.L.2-1996, SEC.293; P.L.1-1996, SEC.92; P.L.50-1998, SEC.3; P.L.1-1999, SEC.98; P.L.107-2007, SEC.15; P.L.127-2009, SEC.12; P.L.182-2009(ss), SEC.435; P.L.1-2010, SEC.154; P.L.208-2011, SEC.1; P.L.10-2019, SEC.140; P.L.236-2023, SEC.200.
Ind. Code § 36-4-3-17 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-17
Disannexation; petition; remonstrances; hearing; order
Status: in_force

Sec. 17. (a) The owner or owners of:

(1) fifty-one percent (51%) or more in number of the lots in an addition or subdivision to a municipality; or

(2) contiguous territory within the corporate boundaries of a municipality, constituting not less than one (1) entire block, if platted, and not less than one (1) acre, if not platted;

may file a petition for disannexation if any of the boundaries of the addition, subdivision, or contiguous territory forms part of the corporate boundary of the municipality. The petition must be filed with the works board of the municipality and must include a plat of the territory sought to be disannexed. Notice of the petition must be given in the manner prescribed by IC 5-3-1.

(b) A remonstrance against the granting of the petition may be filed by:

(1) the owner of a lot in the subdivision or addition; or

(2) the owner of territory adjoining the territory sought to be disannexed.

(c) The works board shall conduct a hearing and make a just and equitable order on the petition. In conducting the hearing, the works board may:

(1) subpoena witnesses;

(2) punish contempt;

(3) adjourn the hearing from time to time;

(4) make orders concerning streets and alleys, including their vacation; and

(5) award damages.

[Pre-Local Government Recodification Citations: 18-5-10-47 part; 18-5-10-48 part; 18-5-10-50 part; 18-5-10-52 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-4-1.5-3 — Indiana Code / Title 36 / Article 4 / Chapter 1.5 / Section 36-4-1.5-3
Adoption of ordinance
Status: in_force

Sec. 3. (a) A town legislative body may satisfy the requirements of this section in an ordinance adopted either before or after the town's voters vote on the question described in section 2 of this chapter.

(b) If a resolution is adopted under section 2 of this chapter, the town legislative body shall adopt an ordinance providing for the transition from governance as a town to governance as a city. The ordinance adopted under this section must include the following details:

(1) A division of the town into city legislative body districts as provided in the applicable provisions of IC 36-4-6.

(2) Provisions for the election of the following officers:

(A) The city executive.

(B) The members of the city legislative body.

(C) The city clerk or city clerk-treasurer as appropriate under IC 36-4-10.

(3) The date of the first election of the city officers. The first election may be held only on the date of the next general election or municipal election, whichever is earlier, following the date fixed for an election under section 2 of this chapter on the question of whether the town should be changed into a city. Candidates for election to the city offices shall be nominated:

(A) at the corresponding primary election during a general election year or a municipal election year; or

(B) as otherwise provided in IC 3.

(4) Subject to section 4 of this chapter, the term of office of each city officer elected at the first election of city officers.

(5) Any other details the town legislative body considers useful in providing for the transition of the town into a city.

(c) An ordinance adopted under this section is effective only if the voters of the town approve the conversion of the town into a city under section 2(6) of this chapter.

(d) The provisions of an ordinance adopted under this section are subject to all other laws governing the structure of city government.

(e) Subject to this chapter, the town legislative body or the city legislative body (after the town is changed into a city) may amend an ordinance adopted under this section.

As added by P.L.111-2005, SEC.2. Amended by P.L.202-2013, SEC.30.
Ind. Code § 36-7-11.3-26 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-26
Special meetings
Status: in_force

Sec. 26. (a) The chair of the commission:

(1) may, in the chair's discretion; or

(2) shall, at the written request of at least two (2) members of the commission;

call a special meeting of the commission to consider or determine a matter for which a petition has been filed.

(b) The meeting shall be scheduled for a date:

(1) not less than thirty (30); and

(2) not more than forty-five (45);

days after the filing of the petition.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.84. Amended by P.L.127-2017, SEC.189.
Ind. Code § 36-8-16.6-11 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-11
Enhanced prepaid wireless charge; responsibility of eligible telecommunications carriers; board's written notice if charge increased
Status: in_force

Sec. 11. (a) The board shall impose a 911 service prepaid wireless charge on each retail transaction. The charge is not required to be paid by an eligible telecommunications carrier that is required to pay the monthly statewide 911 fee under IC 36-8-16.7-32 for the same transaction. The amount of the charge is one dollar ($1). The board may increase the 911 service prepaid wireless charge to ensure adequate revenue for the board to fulfill its duties and obligations under this chapter and IC 36-8-16.7. The following apply to an increase in the 911 service prepaid wireless charge:

(1) The board may increase the charge only one (1) time after April 30, 2023, and before July 1, 2026, in an amount not to exceed ten cents ($0.10).

(2) The board may increase the charge only after review by the budget committee.

(b) A consumer that is the federal government or an agency of the federal government is exempt from the 911 service prepaid wireless charge imposed under this section.

(c) This subsection applies to an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission. An eligible telecommunications carrier:

(1) is not considered an agency of the federal government for purposes of the exemption set forth in subsection (b); and

(2) with respect to prepaid wireless telecommunications service provided to end users by the eligible telecommunications carrier in its capacity as an eligible telecommunications carrier, is liable for the charge imposed under subsection (d).

(d) Beginning September 1, 2015, and on the first day of each month thereafter, an eligible telecommunications carrier described in subsection (c) shall pay to the board a charge equal to the product of the following factors:

(1) The 911 service prepaid wireless charge established under subsection (a).

(2) The number of unique end users for which the eligible telecommunications carrier received reimbursement from the universal service fund during the immediately preceding month.

The eligible telecommunications carrier may bill and collect from each end user the charges calculated under this subsection with respect to the end user. The eligible telecommunications carrier shall determine the manner in which the eligible telecommunications carrier bills and collects the charges. Except as provided in section 15 of this chapter, an eligible telecommunications carrier may not bill and collect from an end user an amount greater than the charges paid by the eligible telecommunications carrier to the board with respect to the end user.

(e) If the board increases the 911 service prepaid wireless charge under subsection (a), the board shall provide written notice to the department of state revenue not later than sixty (60) days before the date the increase takes effect that includes:

(1) the effective date for the increase; and

(2) the amount of the charge as increased by the board.

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.15; P.L.107-2014, SEC.6; P.L.157-2015, SEC.4; P.L.36-2016, SEC.3; P.L.117-2020, SEC.2; P.L.131-2023, SEC.1; P.L.119-2024, SEC.7.
Ind. Code § 36-12-7-3 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-3
Use of local library; fees; fines
Status: in_force

Sec. 3. (a) The residents or real property taxpayers of the library district taxed for the support of the library may use the facilities and services of the public library without charge for library or related purposes. However, the library board may:

(1) fix and collect fees and rental charges; and

(2) assess fines, penalties, and damages for the:

(A) loss of;

(B) damage to; or

(C) failure to return;

any library property or material.

(b) A library board may issue local library cards to:

(1) residents and real property taxpayers of the library district; and

(2) individuals who are not residents of the library district.

(c) Except as provided in subsection (d), a library board must set and charge a fee for a local library card issued under subsection (b)(2). The minimum fee that the board may set under this subsection is the greater of the following:

(1) The library district's operating fund expenditure per capita in the most recent year for which that information is available in the Indiana state library's annual "Statistics of Indiana Libraries".

(2) Twenty-five dollars ($25).

(d) A library board may issue a local library card without charge or for a reduced fee to an individual who is not a resident of the library district and who is:

(1) a student enrolled in or a teacher in a public school corporation or nonpublic school:

(A) that is located at least in part in the library district; and

(B) in which students in any grade preschool through grade 12 are educated;

(2) a child receiving foster care services;

(3) a library employee of the district; or

(4) a student enrolled in a college or university that is located in the library district;

if the board adopts a resolution that is approved by an affirmative vote of a majority of the members appointed to the library board.

(e) A library card issued under subsection (b)(2) or (d) expires one (1) year after issuance of the card.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-1.2.]

As added by P.L.1-2005, SEC.49. Amended by P.L.113-2010, SEC.164; P.L.84-2012, SEC.31; P.L.42-2018, SEC.46; P.L.88-2020, SEC.7.
Ind. Code § 36-7-15.1-29 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-29
Determination of economic development area; approval; requirements; procedures
Status: in_force

Sec. 29. (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:

(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 30 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 30 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 a 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 consolidated city.

(c) The determination that a geographic area is an economic development area must be approved by the city-county legislative body. The approval may be given either before or after judicial review is requested. The requirement that the city-county 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.222-1986, SEC.3. Amended by P.L.146-2008, SEC.757; P.L.172-2011, SEC.154.
Ind. Code § 36-9-29-29 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-29
Acquisition of property; payment of costs according to terms of purchase or contract; payment of damages in condemnation; title
Status: in_force

Sec. 29. (a) If property is acquired by purchase or contract, payment of costs shall be made according to the terms of the purchase or contract.

(b) If property is condemned, the amount of damages assessed shall be paid as soon as the proceeds from the sale of bonds are available. Upon the payment of the damages, the title of the property paid for is fixed and vested in the flood control district in the manner, to the extent, for the purpose, and subject to the limitations provided by this chapter.

(c) Title to all property acquired shall be taken in the name of the flood control district. Within sixty (60) days after any conveyance or grant of any interest in real property is received by the flood control board, the board shall have recorded the deed or other instrument of conveyance or grant, signed by the grantor, in the recorder's office in the county in which the property is located. In case of condemnation, a copy of the decree, certified by the clerk of the circuit court and showing the amount paid to the clerk on account of the damages awarded, shall be recorded.

[Pre-Local Government Recodification Citation: 19-4-18-15 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-5-1-16 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-16
Dissolution or change of name; date of election; notice
Status: in_force

Sec. 16. If the town legislative body decides to submit the question of dissolving the town or changing its name to the voters of the town, it shall certify the question to the county election board. The election board shall fix the date of an election for that purpose. The town clerk shall give notice of the election in the manner prescribed by IC 5-3-1.

[Pre-Local Government Recodification Citation: 18-3-1-24 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.45, SEC.15; P.L.3-1987, SEC.559.
Ind. Code § 36-7-14.5-12.6 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-12.6
Authorization to enter into an agreement with a taxpayer for waiver of review of an assessment of property taxes in an allocation area during the term of bonds or lease obligations payable from allocated property taxes
Status: in_force

Sec. 12.6. An authority may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.

As added by P.L.249-2015, SEC.27.
Ind. Code § 36-7-7.5-3 — Indiana Code / Title 36 / Article 7 / Chapter 7.5 / Section 36-7-7.5-3
Jurisdiction; geographic area
Status: in_force

Sec. 3. The geographic area over which a commission has jurisdiction may only consist of unincorporated territory that is in the watershed of a large scale water reservoir project.

As added by P.L.168-1990, SEC.1.
Ind. Code § 36-4-9-11 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-11
Head of department of law; city attorney and assistant city attorney; eligibility for appointment
Status: in_force

Sec. 11. (a) In a second class city, the corporation counsel is the head of the department of law. The corporation counsel's first deputy is the city attorney, and the corporation counsel's second deputy is the assistant city attorney.

(b) In a third class city, the city attorney is the head of the department of law.

(c) To be eligible to be appointed as the head of the department of law, a person must meet the following requirements:

(1) Be admitted to the practice of law in Indiana.

(2) Except as provided in subdivision (3), be an Indiana resident of the county in which the city is located or a contiguous county.

(3) For a third class city located in a county having a population of less than seven thousand (7,000), be a resident of Indiana.

[Pre-Local Government Recodification Citations: 18-1-6-13 part; 18-2-3-1 part; 18-5-13-2.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.49; P.L.220-1991, SEC.1; P.L.12-1992, SEC.159; P.L.119-2012, SEC.190; P.L.43-2025, SEC.1.
Ind. Code § 36-8-11-26 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-26
Purchase of firefighting equipment on installment conditional sale or mortgage contract
Status: in_force

Sec. 26. After a sufficient appropriation for the purchase of firefighting apparatus and equipment, including housing, is made and is available, the district's fiscal officer, with the approval of the board and the county fiscal body, may purchase the firefighting apparatus and equipment for the district on an installment conditional sale or mortgage contract running for a period not exceeding fifteen (15) years. The purchase shall be amortized in equal or approximately equal installments payable on January 1 and July 1 each year.

As added by P.L.83-1998, SEC.2. Amended by P.L.90-2002, SEC.493; P.L.178-2002, SEC.133; P.L.19-2013, SEC.1.
Ind. Code § 36-1.5-1-8 — Indiana Code / Title 36 / Article 1.5 / Chapter 1 / Section 36-1.5-1-8
Combined resolutions
Status: in_force

Sec. 8. More than one (1) resolution permitted under this article may be consolidated into a combined resolution.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-4-3-2.2 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-2.2
Hearing notice to landowners
Status: in_force

Sec. 2.2. (a) This section does not apply to an annexation under section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter or an annexation described in section 5.1 of this chapter.

(b) Before a municipality may annex territory, the municipality shall provide written notice of the hearing required under section 2.1 of this chapter. Except as provided in subsections (f) and (g), the notice must be sent by:

(1) certified mail, return receipt requested; or

(2) any other means of delivery that includes a return receipt;

at least sixty (60) days before the date of the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is located within the territory proposed to be annexed.

(c) For purposes of an annexation of territory described in section 2.5 of this chapter, if the hearing required under section 2.1 of this chapter is conducted after June 30, 2010, the notice required by this section must also be sent to each owner of real property, as shown on the county auditor's current tax list, whose real property is adjacent to contiguous areas of rights-of-way of the public highway that are only included in the annexation of territory by operation of section 2.5 of this chapter on the side of the public highway that is not part of the annexed territory.

(d) The notice required by this section must include the following:

(1) A legal description of the real property proposed to be annexed.

(2) The date, time, location, and subject of the hearing.

(3) A map showing the current municipal boundaries and the proposed municipal boundaries.

(4) Current zoning classifications for the area proposed to be annexed and any proposed zoning changes for the area proposed to be annexed.

(5) A detailed summary of the fiscal plan, described in section 13 of this chapter, if applicable.

(6) The location where the public may inspect and copy the fiscal plan, if applicable.

(7) A statement that the municipality will provide a copy of the fiscal plan, if applicable, after the fiscal plan is adopted immediately to any landowner in the annexed territory who requests a copy.

(8) The name and telephone number of a representative of the municipality who may be contacted for further information.

(e) If the municipality complies with this section, the notice is not invalidated if the owner does not receive the notice.

(f) This subsection applies to an annexation under section 3 or 4 of this chapter in which all property owners within the area to be annexed provide written consent to the annexation. The written notice described in this section must be sent by:

(1) certified mail, return receipt requested; or

(2) any other means of delivery that includes a return receipt;

not later than twenty (20) days before the date of the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is located within the territory proposed to be annexed.

(g) This subsection applies to an annexation under section 5.2 of this chapter. The written notice described in this section must be sent by:

(1) certified mail, return receipt requested; or

(2) any other means of delivery that includes a return receipt;

not later than thirty (30) days before the date of the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is located within the territory proposed to be annexed.

As added by P.L.248-1999, SEC.2. Amended by P.L.217-1999, SEC.2; P.L.49-2000, SEC.2; P.L.224-2001, SEC.2; P.L.69-2010, SEC.2; P.L.228-2015, SEC.5; P.L.70-2022, SEC.3.
Ind. Code § 36-8-13-6 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-6
Purchase of firefighting apparatus and equipment; loans; tax levy
Status: in_force

Sec. 6. (a) Subject to section 6.5 of this chapter, the executive and legislative body, on behalf of the township, may also borrow the necessary money from a financial institution in Indiana to make the purchase on the same terms. They shall, on behalf of the township, execute and deliver to the institution the negotiable note or bond of the township for the sum borrowed. The note or bond must bear interest, with both principal and interest payable in equal or approximately equal installments on January 1 and July 1 each year over a period not exceeding six (6) years.

(b) The first installment of principal and interest on a contract, chattel mortgage, note, or bond is due on the next January 1 or July 1 following the first tax collection for which it is possible for the township to levy a tax. The executive and legislative body shall appropriate and levy a tax each year sufficient to pay the obligation according to its terms. An obligation of the township executed under this chapter is a valid and binding obligation of the township, notwithstanding any tax limitation, debt limitation, bonding, borrowing, or other statute to the contrary.

[Pre-Local Government Recodification Citation: 17-4-18-1 part.]

As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.41-1993, SEC.50.
Ind. Code § 36-8-3.5-2 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-2
Repealed
Status: repealed

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Repealed by P.L.207-2023, SEC.10.
Ind. Code § 36-7-32.6-27 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-27
Stadium development district fund; administration; use of money in the fund; required transfers to the city
Status: in_force

Sec. 27. (a) The board or its designee shall establish a stadium development district fund for the stadium development district designated under section 14 of this chapter.

(b) The fund consists of:

(1) deposits of incremental property tax revenue from the county auditor as provided in section 20(d) of this chapter; and

(2) transfers from the department of state revenue under section 26 of this chapter.

(c) The board or its designee shall administer the stadium development district fund established under this section. The expenses of administering each fund shall be paid from money in the fund.

(d) The board may use money in each fund for the following purposes:

(1) The acquisition, improvement, preparation, demolition, disposal, construction, reconstruction, remediation, rehabilitation, restoration, preservation, maintenance, repair, furnishing, and equipping of public facilities, including but not limited to any stadiums, parking facilities or training facilities, utilities and transportation infrastructure.

(2) The acquisition of land whether or not located within the stadium development district but within the city.

(3) The recruitment of new businesses and new employees to the stadium development district.

(4) The payment of economic development incentives granted by the Indiana economic development corporation to businesses located within the boundaries of the stadium development district.

(5) To reimburse the state of Indiana or the Indiana finance authority created by IC 5-1.2-3 for expenditures described in subdivisions (1) through (4).

(6) The payment of debt service payments or lease rental obligations due and payable during the state fiscal year for bonds issued by, or leases entered into by, the board or the northwest Indiana stadium authority created by IC 5-1-17.1, including any such obligations to finance all or any part of any stadiums, parking facilities, or training facilities, whether or not located within the stadium development district but within the city.

(e) Not later than August 1 of each year, the board shall transfer an amount of incremental property tax revenue that may not be less than twelve percent (12%) of the annual amount of incremental property tax revenue deposited under subsection (b)(1) to the general fund of the city. A transfer under this subsection does not reduce the actual or maximum permissible levy of the city and may not be considered in determining the city's maximum permissible ad valorem property tax levy limit under IC 6-1.1-18.5.

(f) Money in the stadium development district fund at the end of a state fiscal year does not revert to the state general fund.

(g) Money in the stadium development district fund is continuously appropriated for the purposes specified in this section.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-2-14-22.4 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-22.4
Organ and tissue procurement
Status: in_force

Sec. 22.4. A coroner shall follow the procedures set forth in IC 29-2-16.1 concerning organ and tissue procurement.

As added by P.L.3-2008, SEC.259.
Ind. Code § 36-10-16-11 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-11
"Eligible unit"
Status: in_force

Sec. 11. As used in this chapter, "eligible unit" means a unit within an eligible county.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-8-22.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 22.5 / Section 36-8-22.5-4
Impasse; when mediation required
Status: in_force

Sec. 4. (a) This section does not apply to a written agreement if:

(1) an ordinance or resolution of the unit; or

(2) a provision in the written agreement between the unit and employee organization;

establishes a procedure for resolution of an impasse in negotiations through mediation, arbitration, or other alternative dispute resolution.

(b) If the parties are unable to reach an agreement in the negotiations within one (1) year after the date that the written agreement expires, the matter shall be submitted to nonbinding mediation. The written agreement must specify the following:

(1) The manner in which parties select a mediator. The parties may select a mediator through the Federal Mediation and Conciliation Service, or some other organization or method.

(2) The manner and extent to which the parties share the costs of the mediation.

As added by P.L.126-2019, SEC.1.
Ind. Code § 36-8-7.5-16 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-16
Reduction in monthly pension
Status: in_force

Sec. 16. 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.

As added by Acts 1982, P.L.77, SEC.9.
Ind. Code § 36-7.5-4.5-29 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-29
Expenses; liabilities; obligations
Status: in_force

Sec. 29. All expenses incurred in carrying out this chapter are payable solely from revenue received under this chapter or from the proceeds of the financial instruments issued by the development authority payable from revenues received under this chapter. A liability or obligation may not be incurred by the development authority that is greater than the revenue to be received under this chapter.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-8-6-10 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-10
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-1-24-3 part.]

As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.182, SEC.5; Acts 1982, P.L.213, SEC.2; P.L.363-1983, SEC.1; P.L.364-1983, SEC.1. Repealed by P.L.50-1984, SEC.9.
Ind. Code § 36-9-38-24 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-24
Final determination of costs; revised assessment
Status: in_force

Sec. 24. (a) The municipal works board may, with the approval of the municipal legislative body, determine all of the following:

(1) Whether the benefits assessed against the municipality are proper and should be paid.

(2) Whether the municipality should pay a part of the cost of the improvement regardless of benefits assessed.

(b) An amount of benefits or costs to be paid by the municipality may be paid:

(1) out of the money of the municipality appropriated to the use of the works board for such an improvement; or

(2) through the issuance of bonds of the municipality.

(c) The notice of hearing required by section 26 of this chapter shall be given after the cost of the improvement has been finally determined by the works board through firm bids or contracts and firm estimates for other costs.

(d) If the finally determined cost of the improvement exceeds the total of:

(1) the benefits assessed, less damages assessed; and

(2) the contributions of the petitioners, the municipality, and other sources;

the works board shall direct the appraisers to review the assessments and submit a revised assessment list.

(e) The notice of hearing shall be given only after the works board determines that the money available from all sources is adequate to cover the total cost of the improvement, including all costs that are to be reimbursed under section 18(c) of this chapter.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-7-31.5-9 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-9
Development of geographic information system codes; taxpayer reporting
Status: in_force

Sec. 9. (a) When the commission adopts an allocation provision, the commission shall, in cooperation with the department and the Indiana office of technology, develop geographic information system (GIS) codes for the properties in the tax area, in accordance with guidelines issued by the department. The commission shall provide the department with any information necessary for the department to use GIS codes and data to collect covered taxes in the tax area. The commission shall update the information provided to the department and the Indiana office of technology before July 1 of each year.

(b) Taxpayers operating in the tax area shall report monthly, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate the salary, wages, bonuses, and other compensation:

(1) that are:

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

(B) taxable in Indiana; and

(C) earned in the tax area; or

(2) that are:

(A) paid during a taxable year to a taxpayer other than a professional athlete for professional athletic services; and

(B) earned in the tax area.

(c) A taxpayer operating in the tax area that files a consolidated tax return with the department shall also file monthly an informational return with the department for each business location of the taxpayer within the tax area.

(d) Taxpayers operating in the tax area shall report monthly, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate withholdings required by IC 6-3-4-8.

(e) Taxpayers operating in the tax area shall report monthly, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate state gross retail taxes imposed under IC 6-2.5-2-1.

(f) If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department shall use the best information available in calculating the amount of covered taxes attributable to a taxable event in a tax area or covered taxes from income earned in a tax area or by individuals living in the tax area.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-2-21-1 — Indiana Code / Title 36 / Article 2 / Chapter 21 / Section 36-2-21-1
Applicability
Status: in_force

Sec. 1. This chapter does not apply to:

(1) a county containing a consolidated city; or

(2) employees:

(A) of a probation department;

(B) of a court;

(C) of a judicial officer (as defined in IC 35-31.5-2-177.7) or other circuit officers;

(D) of a prosecutor's office;

(E) of a public defender's office;

(F) of a community corrections program;

(G) governed by a merit board established under IC 36-8-3.5 or IC 36-8-10-3; or

(H) of the state.

As added by P.L.40-2026, SEC.13.
Ind. Code § 36-4-2-6 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-6
Place of election; manner; expense; voting
Status: in_force

Sec. 6. (a) An election held under section 3 of this chapter shall be held in each municipality in the manner prescribed by IC 3-10-8-6. Each municipality is responsible for the expense of the election within its own corporate boundaries.

(b) A voter in an election held under section 3 of this chapter may:

(1) vote "Yes" or "No" on the proposed merger; and

(2) vote in favor of one (1) proposed name listed on the ballot under section 5 of this chapter.

[Pre-Local Government Recodification Citation: 18-5-10-11 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.45.
Ind. Code § 36-9-42.2-4 — Indiana Code / Title 36 / Article 9 / Chapter 42.2 / Section 36-9-42.2-4
"Program"
Status: in_force

Sec. 4. As used in this chapter, "program" refers to the federal fund exchange program established by section 5 of this chapter.

As added by P.L.141-2013, SEC.1.
Ind. Code § 36-12-6-3 — Indiana Code / Title 36 / Article 12 / Chapter 6 / Section 36-12-6-3
Powers and duties of library boards
Status: in_force

Sec. 3. The county contractual library board has all the powers and duties of other library boards under IC 36-12-3.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-6-6.]

As added by P.L.1-2005, SEC.49. Amended by P.L.130-2007, SEC.4.
Ind. Code § 36-7-4-1604 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1604
Exhaustion of remedies
Status: in_force

Sec. 1604. (a) A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the board whose zoning decision is being challenged.

(b) A person who fails to timely object to a zoning decision or timely petition for review of a zoning decision within the period prescribed by this chapter waives the person's right to judicial review under this chapter.

As added by P.L.126-2011, SEC.51.
Ind. Code § 36-8-25-1.5 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-1.5
"Department"
Status: in_force

Sec. 1.5. As used in this chapter, "department" refers to the department of homeland security established by IC 10-19-2-1.

As added by P.L.187-2021, SEC.154.
Ind. Code § 36-7-24-11 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-11
Leases of facilities; establishment of authority
Status: in_force

Sec. 11. A county that is a lessor of a facility or a part of a facility may establish an authority under section 4 of this chapter with a county that is a lessee of a facility or a part of a facility.

As added by P.L.223-1991, SEC.1.
Ind. Code § 36-8-15-12 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-12
Objections; hearing
Status: in_force

Sec. 12. At or before the time fixed for the hearing designated in the notice published under section 11 of this chapter, any person interested in or who will be affected by the proposed project may file with the board a written objection against the proposed project, in whole or in part. At the hearing the board:

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

(2) shall finally determine whether the proposed project, in whole or in part, is necessary for the general welfare of the persons residing within the district and will be a public utility and benefit to the property in the district; and

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

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

As added by P.L.82-1985, SEC.3.
Ind. Code § 36-12-5-5 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-5
Expansion proposal; filing
Status: in_force

Sec. 5. (a) The library board of a public library may file an expansion proposal with the legislative body of the county. The proposal must state that the public library seeks to expand its service area to include more than one (1) township or parts of more than one (1) township not being taxed for public library service.

(b) Whenever the legislative body of a county receives an expansion proposal under this section, the legislative body may agree to the expansion proposal by written resolution.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-5.1-2.]

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.29; P.L.42-2018, SEC.38.
Ind. Code § 36-8-3.2-5 — Indiana Code / Title 36 / Article 8 / Chapter 3.2 / Section 36-8-3.2-5
Physical agility test; additional requirement
Status: in_force

Sec. 5. The physical agility test established under section 3 or 3.5 of this chapter is in addition to the physical examination required under IC 36-8-3.5-12, IC 36-8-4-7, or IC 36-8-8-19.

As added by P.L.394-1987(ss), SEC.1. Amended by P.L.4-1992, SEC.28.
Ind. Code § 36-9-23-27 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-27
Fees; collection upon commencement of construction; amount
Status: in_force

Sec. 27. After a contract for the construction of sewage works has been let and actual work has commenced, the municipality may bill and collect fees for the services to be rendered, in an amount sufficient to pay:

(1) the interest on the revenue bonds; and

(2) other expenses payable before the completion of the works.

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

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-2-3-4.7 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-4.7
Ordinance for division of county into districts
Status: in_force

Sec. 4.7. (a) Whenever the county executive or the county fiscal body divides the county into districts under section 4 of this chapter, the county executive or the county fiscal body shall adopt an ordinance.

(b) The county executive or the county fiscal body shall file a copy of an ordinance adopted under subsection (a) with the circuit court clerk.

As added by P.L.3-1993, SEC.259.
Ind. Code § 36-4-5-5 — Indiana Code / Title 36 / Article 4 / Chapter 5 / Section 36-4-5-5
Power to hear complaints against person issued license; proceedings; findings and determination; violation, revocation, or suspension
Status: in_force

Sec. 5. On reasonable notice of at least three (3) days to the person complained of, the executive shall hear any complaint against a person to whom the city has issued a license, and may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, and require them to testify. To the extent they can be applied, the Indiana rules of procedure, including the right to appear by counsel and to compel the attendance of witnesses for or against persons complained of, apply to proceedings under this section. If the executive finds that the person complained of has willfully violated a term or condition of the person's license, or has willfully done or permitted to be done an act in violation of a statute or city ordinance relating to the business licensed, the executive shall revoke or suspend the license. The executive shall file a copy of the executive's findings and determination with the city fiscal officer within twenty-four (24) hours after it is made.

[Pre-Local Government Recodification Citations: 18-1-6-2 part; 18-1-20-3 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.125; P.L.23-2026, SEC.287.
Ind. Code § 36-7-26-1 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the following:

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

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

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

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

As added by P.L.35-1990, SEC.63. Amended by P.L.12-1992, SEC.172; P.L.185-2001, SEC.6 and P.L.291-2001, SEC.200; P.L.170-2002, SEC.160; P.L.177-2002, SEC.14 and P.L.178-2002, SEC.120; P.L.119-2012, SEC.208; P.L.104-2022, SEC.189.
Ind. Code § 36-8-3-7 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-7
Police officers and firefighters; special duty; school security police
Status: in_force

Sec. 7. (a) The safety board may detail regular police officers or firefighters, or appoint and swear an additional number of special police officers or firefighters, to do special duty within the city. Regular police officers and firefighters serving special duty shall be paid the same rate per diem for this service as is paid to members of the department in their regular employment. The board may determine the compensation of persons serving special duty in all other cases.

(b) Unless the safety board designates otherwise, the special police officers are subject to the police chief and the special firefighters are subject to the fire chief. If they are employees of departments other than the police or fire department, they shall obey the rules of their respective departments and conform to its discipline and orders to the extent these do not conflict with the orders of the safety board. A person other than a regular police officer or firefighter may not wear a uniform the design of which is not easily distinguishable from or which conforms with respect to the color or design of the state police or a sheriff's patrol of the county in which the city is located or the police or fire department of the city. Special police officers and firefighters, during the term of their appointment, have those powers, privileges, and duties assigned to them by the safety board. They have these powers, privileges, and duties only while fulfilling the specific responsibilities for which the appointment is made. Persons other than regular police officers and firefighters appointed under this section may be removed by the safety board at any time without notice and without assigning any cause.

(c) The powers and duties of officers appointed to serve as security police for school corporations include:

(1) the protection of school personnel while on school business, including school children, employees, and members of the governing body of the school corporation; and

(2) the protection of all school corporation property.

(d) Auxiliary firefighters directly connected with and created to augment the regular fire departments may wear a uniform the design of which is established by the safety board. Persons so appointed may be removed at any time by the board, without notice and without assigning any cause.

(e) In time of emergency the safety board may also detail members from the police or fire department for the use of any other department of the city government.

(f) This subsection applies only to a special officer who is employed full time by a consolidated city to perform park ranger duties after June 30, 2023. A special officer is subject to IC 5-2-1, and the facilities of the law enforcement academy shall be used to provide the special officer's basic training under IC 5-2-1-9(d).

[Pre-Local Government Recodification Citation: 18-1-11-5 part.]

As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.360-1983, SEC.1; P.L.173-2023, SEC.4.
Ind. Code § 36-7-14.5-22 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-22
Issuance of bonds; option to purchase leased property; legislative body approval
Status: in_force

Sec. 22. If the commission exercises its option to purchase leased property, it may, subject to the prior approval of the legislative body of the unit under IC 36-7-14-25.1, issue its bonds as authorized by statute.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.30.
Ind. Code § 36-1-9.5-12 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-12
"Payment bond" defined
Status: in_force

Sec. 12. As used in this chapter, "payment bond" means an approved form of security, furnished and executed by the bidder and the bidder's surety, that guarantees the payment of all legal debts related to the construction of the project.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-9-23-23 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-23
Bonds; enforcement rights of holders; receivership
Status: in_force

Sec. 23. (a) The rights granted by this section are subject to any restrictions contained in the ordinance authorizing the issuance of revenue bonds or in any trust indenture securing the bonds.

(b) The holder of any revenue bonds or any coupons attached to them, and the trustee, if any, may, either at law or in equity, protect and enforce all rights granted by this chapter or under the ordinance or trust indenture, including the making and collecting of reasonable and sufficient fees for services rendered by the sewage works.

(c) If the principal or interest of any of the revenue bonds is not paid on the date named in the bonds for payment, any court having jurisdiction of the action may appoint a receiver to administer the sewage works on behalf of the municipality, the bondholders, and the trustee, if any. The receiver may:

(1) charge and collect fees sufficient to provide for the payment of the expenses of operation, repair, and maintenance of the works;

(2) pay any revenue bonds and interest outstanding; and

(3) apply the revenues in conformity with this chapter, the ordinance authorizing the bond issue, and the trust indenture, if any.

[Pre-Local Government Recodification Citation: 19-2-5-17.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-12-11-17 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-17
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-17.]

As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.39.
Ind. Code § 36-7.6-1-12.5 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-12.5
"Qualified city"
Status: in_force

Sec. 12.5. "Qualified city" means:

(1) a second class city; or

(2) a city or town that is eligible to become a second class city.

As added by P.L.178-2015, SEC.7.
Ind. Code § 36-7-31.5-10 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-10
Additional professional sports development area fund
Status: in_force

Sec. 10. An additional professional sports development area fund for the county is established. The fund shall be administered by the department. Money in the fund does not revert to the state general fund at the end of a state fiscal year.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-2-2.9-2 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-2
Definitions in IC 36-2-2.8 apply
Status: in_force

Sec. 2. The definitions in IC 36-2-2.8 apply to this chapter.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-9-6-22 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-22
Restrooms and fountains
Status: in_force

Sec. 22. The works board may construct restrooms and fountains in public places.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-7-32-28 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-28
Allocation area limitation
Status: in_force

Sec. 28. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:

(1) a resolution designating a certified technology park as an allocation area that is approved and adopted under section 15 of this chapter;

(2) a resolution adopted under IC 6-1.1-39-2 and confirmed under IC 6-1.1-39-3;

(3) a resolution adopted under IC 8-22-3.5-5 and confirmed under IC 8-22-3.5-6;

(4) a resolution establishing an allocation provision under IC 36-7-14-39 that is adopted and approved under IC 36-7-14-15, IC 36-7-14-16, and IC 36-7-14-17;

(5) a resolution establishing an allocation provision under IC 36-7-15.1-26 that is adopted and approved under IC 36-7-15.1-8, IC 36-7-15.1-9, and IC 36-7-15.1-10;

(6) a resolution establishing an allocation provision under IC 36-7-30-25 that is adopted and approved under IC 36-7-30-10, IC 36-7-30-11, and IC 36-7-30-12; or

(7) a resolution establishing an allocation provision under IC 36-7-30.5-30 that is adopted and approved under IC 36-7-30.5-16, IC 36-7-30.5-17, and IC 36-7-30.5-18;

on or before May 1, 2021. In addition, a new allocation area may not be established under this chapter that includes a parcel that is located in an allocation area described in this subsection.

(b) Except as provided in subsection (a), but notwithstanding any other provision, for the purpose of the allocation of property taxes under this chapter, a parcel may not be included in more than one (1) allocation area established under this chapter or under:

(1) IC 6-1.1-39;

(2) IC 8-22-3.5;

(3) IC 36-7-14;

(4) IC 36-7-15.1;

(5) IC 36-7-30;

(6) IC 36-7-30.5; or

(7) IC 36-7-32.5.

As added by P.L.38-2021, SEC.97. Amended by P.L.135-2022, SEC.27.
Ind. Code § 36-8-10-7 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-7
Prisoner meal allowances
Status: in_force

Sec. 7. (a) The state examiner of the state board of accounts shall fix the exact amount per meal that the sheriff of each county receives for feeding the prisoners in the sheriff's custody. Subject to the maximum meal allowance provided in this section, the state examiner shall increase the amount per meal that a sheriff receives as follows:

(1) Increase the amount per meal by a percentage that does not exceed the percent of increase in the United States Department of Labor Consumer Price Index during the year preceding the year in which an increase is established.

(2) Increase the amount per meal above the amount determined under subdivision (1) if the sheriff furnishes to the state examiner sufficient documentation to prove that the sheriff cannot provide meals at the amount per meal that is determined under subdivision (1).

The amount must be fixed by April 15 each year and takes effect immediately upon approval. The allowance may not exceed two dollars ($2) per person per meal. The allowance shall be paid out of the general fund of the county after the sheriff submits to the county executive an itemized statement, under oath, showing the names of the prisoners, the date that each was imprisoned in the county jail, and the number of meals served to each prisoner.

(b) Notwithstanding subsection (a), IC 36-2-13-2.5(b)(4) through IC 36-2-13-2.5(b)(5), and IC 36-2-13-2.8(b), this subsection applies to the following counties:

(1) A county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).

(2) A county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).

(3) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

(4) A county having a consolidated city.

A county shall feed the county prisoners through an appropriation in the usual manner by the county fiscal body. The appropriation shall be expended by the sheriff under the direction of the county executive. If a county has a population of less than four hundred thousand (400,000), an accounting of the expenditures must be filed monthly with the county auditor by the fifth day of the month following the expenditure. If a county has a population of four hundred thousand (400,000) or more, an accounting of the expenditures must be filed with the county auditor on the first Monday of January and the first Monday of July of each year. Neither the sheriff nor the sheriff's officers, deputies, and employees may make a profit as a result of the appropriation.

[Pre-Local Government Recodification Citations: subsection (a) formerly 17-3-12-1; subsection (b) formerly 17-2-85-2; 17-3-12-1.5; 17-3-12.5-1; 17-3-75-2.]

As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1982, P.L.215, SEC.1; P.L.227-1991, SEC.1; P.L.12-1992, SEC.173; P.L.83-1993, SEC.3; P.L.230-1996, SEC.2; P.L.170-2002, SEC.163; P.L.119-2012, SEC.220; P.L.104-2022, SEC.200.
Ind. Code § 36-7-11-4.3 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-4.3
Commission; authority to grant or deny certificate of appropriateness
Status: in_force

Sec. 4.3. (a) An ordinance that establishes a historic preservation commission under section 4 of this chapter may authorize the staff of the commission, on behalf of the commission, to grant or deny an application for a certificate of appropriateness.

(b) An ordinance adopted under this section must specify the types of applications that the staff of the commission is authorized to grant or deny. The staff may not be authorized to grant or deny an application for a certificate of appropriateness for the following:

(1) The demolition of a building.

(2) The moving of a building.

(3) The construction of an addition to a building.

(4) The construction of a new building.

As added by P.L.227-1997, SEC.4.
Ind. Code § 36-4-11-3 — Indiana Code / Title 36 / Article 4 / Chapter 11 / Section 36-4-11-3
Departments; appointment of deputies and other employees; dismissal
Status: in_force

Sec. 3. A department may appoint deputies and other employees at its pleasure, unless a statute provides otherwise. A department may dismiss deputies and other employees, but if thirty (30) days have passed since the department head was appointed, the department head must file with the city clerk a written statement of the reasons for dismissing any employee other than:

(1) a deputy; or

(2) a foreman, inspector, or laborer temporarily employed by the department of public works.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.138.
Ind. Code § 36-2-14-14 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-14
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-3-17-16.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.10-1997, SEC.30. Repealed by P.L.225-2007, SEC.21.
Ind. Code § 36-9-28-9 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-9
Bonds; issuance; payments; financing agreement; public sale
Status: in_force

Sec. 9. (a) If the financing for a project under this chapter is to be provided by the federal government, one (1) or more bonds may be issued at any time after the filing of the assessment roll with the court under section 6 of this chapter.

(b) Bonds issued under this section are payable solely from:

(1) the assessments made or to be made against the property benefited; or

(2) the money appropriated for that purpose by the municipality;

and are not a general obligation of the municipality.

(c) Notwithstanding any other law, a financing agreement with the federal government may provide that a municipal ordinance may determine:

(1) the interest rate or rates on the bonds and the assessments;

(2) the time or times of maturities or of principal and assessment payments;

(3) the terms, if any, for redemption of the bonds;

(4) the medium and the place or places for payment of the bonds, including payment by mail to an owner of any fully registered bond; and

(5) any other necessary terms and conditions.

(d) Bonds issued under this section need not be advertised for public sale.

[Pre-Local Government Recodification Citation: 19-4-20-9 part.]

As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.189.
Ind. Code § 36-4-3-22 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-22
Filing and recording annexation ordinances; copies; tax records
Status: in_force

Sec. 22. (a) The clerk of the municipality shall file:

(1) each annexation ordinance against which:

(A) a remonstrance or an appeal has not been filed during the period permitted under this chapter; or

(B) a remonstrance was filed without a sufficient number of signatures to meet the requirements of section 11.3(c) of this chapter, in the case of an annexation for which an annexation ordinance was adopted after June 30, 2015; or

(2) the certified copy of a final and unappealable judgment ordering an annexation to take place;

with the county auditor, circuit court clerk, and board of registration (if a board of registration exists) of each county in which the annexed territory is located, the office of the secretary of state, and the office of census data established by IC 2-5-1.1-12.2. The clerk of the municipality shall record each annexation ordinance adopted under this chapter in the office of the county recorder of each county in which the annexed territory is located.

(b) The ordinance or judgment must be filed and recorded no later than ninety (90) days after:

(1) the expiration of the period permitted for a remonstrance or appeal;

(2) the delivery of a certified order under section 15 of this chapter; or

(3) the date the county auditor files the written certification with the legislative body under section 11.2 of this chapter, in the case of an annexation described in subsection (a)(1)(B).

(c) Failure to record the annexation ordinance as provided in subsection (a) does not invalidate the ordinance.

(d) The county auditor shall forward a copy of any annexation ordinance filed under this section to the following:

(1) The county highway department of each county in which the lots or lands affected are located.

(2) The county surveyor of each county in which the lots or lands affected are located.

(3) Each plan commission, if any, that lost or gained jurisdiction over the annexed territory.

(4) The sheriff of each county in which the lots or lands affected are located.

(5) The township trustee of each township that lost or gained jurisdiction over the annexed territory.

(6) The office of the secretary of state.

(7) The office of census data established by IC 2-5-1.1-12.2.

(8) The department of local government finance, not later than August 1, in the manner described by the department.

(9) The state GIS officer (as defined in IC 4-23-7.3-10), not later than August 1, in the manner prescribed by the state GIS officer (as defined in IC 4-23-7.3-10).

(e) The county auditor may require the clerk of the municipality to furnish an adequate number of copies of the annexation ordinance or may charge the clerk a fee for photoreproduction of the ordinance. The county auditor shall notify the office of the secretary of state and the office of census data established by IC 2-5-1.1-12.2 of the date that the annexation ordinance is effective under this chapter.

(f) The county auditor or county surveyor shall, upon determining that an annexation ordinance has become effective under this chapter, indicate the annexation upon the property taxation records maintained in the office of the auditor or the office of the county surveyor.

As added by P.L.218-1986, SEC.2. Amended by P.L.301-1989, SEC.1; P.L.5-1989, SEC.100; P.L.1-1990, SEC.358; P.L.7-1990, SEC.57; P.L.3-1997, SEC.456; P.L.248-1999, SEC.10; P.L.217-1999, SEC.10; P.L.14-2000, SEC.80; P.L.212-2001, SEC.34; P.L.276-2001, SEC.9; P.L.1-2002, SEC.159; P.L.228-2015, SEC.22; P.L.38-2021, SEC.84; P.L.157-2026, SEC.234.
Ind. Code § 36-2-20-5 — Indiana Code / Title 36 / Article 2 / Chapter 20 / Section 36-2-20-5
Acquisition of items
Status: in_force

Sec. 5. After consultation with the person submitting the requisition, the procurement agent shall acquire the item in the manner required by IC 5-22 or other applicable statutes.

As added by P.L.252-1993, SEC.5. Amended by P.L.49-1997, SEC.77.
Ind. Code § 36-9-11.1-11 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-11
Tax exemption of property, funds, and receipts; leases or sales for private use
Status: in_force

Sec. 11. (a) All property of every kind, including air rights, acquired for off-street parking purposes, and all its funds and receipts, are exempt from taxation for all purposes. When any real property is acquired by the consolidated city, the county auditor shall, upon certification of that fact by the board, cancel all taxes then a lien. The certificate of the board must specifically describe the real property, including air rights, and the purpose for which acquired.

(b) A lessee of the city may not be assessed any tax upon any land, air rights, or improvements leased from the city, but the separate leasehold interest has the same status as leases on taxable real property, notwithstanding any other law. Whenever the city sells any such property to anyone for private use, the property becomes liable for all taxes after that, as other property is so liable and is assessed, and the board shall report all such sales to the township assessor, or the county assessor if there is no township assessor for the township, who shall cause the property to be upon the proper tax records.

(c) If the duties of the township assessor have been transferred to the county assessor as described in IC 6-1.1-1-24, a reference to the township assessor in this section is considered to be a reference to the county assessor.

As added by Acts 1982, P.L.77, SEC.13. Amended by P.L.219-2007, SEC.143; P.L.146-2008, SEC.789.
Ind. Code § 36-8-26-5 — Indiana Code / Title 36 / Article 8 / Chapter 26 / Section 36-8-26-5
Powers of board
Status: in_force

Sec. 5. The board may propose, review, and approve an interoperability agreement. However, the board may not approve an interoperability agreement if the board member who supervises or operates the law enforcement agency whose duties or responsibilities will be increased does not vote in favor of the interoperability agreement (or, in the case of a nonvoting member, does not affirmatively indicate the member's assent to the interoperability agreement). An interoperability agreement expires not later than December 31, 2027.

As added by P.L.103-2022, SEC.6.
Ind. Code § 36-7-11.3-13 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-13
"Society" defined
Status: in_force

Sec. 13. As used in this chapter, "society" refers to the Indiana historical society or the successor to the society.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-9-25-22 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-22
Construction of sewage works; condemnation awards; mentally incompetent persons
Status: in_force

Sec. 22. (a) If a person having an interest in land affected by the proceedings is mentally incompetent or under eighteen (18) years of age, the board shall certify that fact to its attorney.

(b) The attorney shall apply to the proper court and secure the appointment of a guardian for that person. The board shall then give notice to the guardian, who shall appear and protect the interest of the protected person. However, if the mentally incompetent person or person under eighteen (18) years of age already has a guardian, the notice may be served upon that guardian. The requisites of notice to the guardian are the same as for other notices.

(c) If there are defects or irregularities in the proceedings with respect to one (1) or more interested persons, they do not affect the proceedings unless they touch the interests or property of the person or persons and do not affect any other person. If a defect does exist, supplementary proceedings may be had in order to supply them.

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

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.33-1989, SEC.128.