Ind. Code § 36-9-25-11 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-11
Fees; persons obligated to pay; establishment by resolution; public hearing required; fee schedule; change of fees; nonpayment of fees; penalties and liens; cost recovery; property not occupied by owner
Status: in_force

Sec. 11. (a) In connection with its duties, the board may fix fees for the treatment and disposal of sewage and other waste discharged into the sewerage system, collect the fees, and establish and enforce rules governing the furnishing of and payment for sewage treatment and disposal service. The fees must be just and equitable and shall be paid by any user of the sewage works and, except as otherwise provided in an ordinance provision described in subsection (l), the owner of every lot, parcel of real property, or building that is connected with and uses the sewage works of the district by or through any part of the sewerage system. This section applies to owners of property that is partially or wholly exempt from taxation, as well as owners of property subject to full taxation.

(b) The board may change fees from time to time. The fees, together with the taxes levied under this chapter, must at all times be sufficient to produce revenues sufficient to pay operation, maintenance, and administrative expenses, to pay the principal and interest on bonds as they become due and payable, and to provide money for the revolving fund authorized by this chapter.

(c) Fees may not be established until a public hearing has been held at which all the users of the sewage works and owners of property served or to be served by the works, including interested parties, have had an opportunity to be heard concerning the proposed fees. After introduction of the resolution fixing fees, and before they are finally adopted, notice of the hearing setting forth the proposed schedule of fees shall be given by publication in accordance with IC 5-3-1. After the hearing the resolution establishing fees, either as originally introduced or as amended, shall be passed and put into effect. However, fees related to property that is subject to full taxation do not take effect until they have been approved by ordinance of the municipal legislative body or, in the case of a district described in section 3(b)(2) of this chapter, under section 11.3 of this chapter.

(d) A copy of the schedule of the fees shall be kept on file in the office of the board and must be open to inspection by all interested parties. The fees established for any class of users or property served shall be extended to cover any additional premises thereafter served that fall within the same class, without the necessity of hearing or notice.

(e) A change of fees may be made in the same manner as fees were originally established. However, if a change is made substantially pro rata for all classes of service, hearing or notice is not required, but approval of the change by ordinance of the municipal legislative body is required, and, in the case of a district described in section 3(b)(2) of this chapter, approval under section 11.3 of this chapter is required.

(f) If a fee established is not paid within the time fixed by the board, the board may recover, in a civil action in the name of the municipality, the amount, together with a penalty of ten percent (10%) and a reasonable attorney's fee from:

(1) the delinquent user; or

(2) the owner of the property;

subject to any ordinance described in subsection (l).

(g) Except as otherwise provided in subsection (h) or in an ordinance provision described in subsection (l), fees assessed against real property under this section also constitute a lien against the property assessed. The lien attaches at the time of the filing of the notice of lien in the county recorder's office. The lien is superior to all other liens except tax liens, and shall be enforced and foreclosed in the same manner as is provided for liens under IC 36-9-23-33 and IC 36-9-23-34.

(h) A fee assessed against real property under this section constitutes a lien against the property assessed only when the fee is delinquent for no more than three (3) years from the day after the fee is due.

(i) In addition to the:

(1) penalties under subsections (f) and (g); or

(2) alternative penalty available under section 11.5 of this chapter;

a delinquent user may not discharge water into the public sewers and may have the property disconnected from the public sewers.

(j) The authority to establish a user fee under this section includes fees to recover the cost of construction of sewage works from industrial users as defined and required under federal statute or rule. Any industrial users' cost recovery fees may become a lien upon the real property and shall be collected in the manner provided by law. In addition, the imposition of the fees, the use of the amounts collected, and the criteria for the fees must be consistent with the regulations of the federal Environmental Protection Agency.

(k) The authority to establish a user fee under this section includes fees to recover the costs associated with providing financial assistance under section 42 of this chapter. A fee that is:

(1) established under this subsection or any other law; and

(2) used to provide financial assistance under section 42 of this chapter;

is considered just and equitable if the project for which the financial assistance is provided otherwise complies with the requirements of this chapter.

(l) For purposes of this subsection, "municipal legislative body" refers to the legislative body of each municipality in the district, in the case of a district described in section 3(b)(2) of this chapter. This subsection does not apply to a conservancy district established under IC 14-33 for the collection, treatment, and disposal of sewage and other liquid wastes. In an ordinance adopted under this chapter, the municipal legislative body may include one (1) or more of the following provisions with respect to property occupied by someone other than the owner of the property:

(1) That fees for the services rendered by the sewerage system to the property are payable by the person occupying the property. At the option of the municipal legislative body, the ordinance may include any:

(A) requirement for a deposit to ensure payment of the fees by the person occupying the property; or

(B) other requirement to ensure the creditworthiness of the person occupying the property as the account holder or customer with respect to the property;

that the municipal legislative body may lawfully impose.

(2) That the fees for the services rendered by the sewerage system to the property are payable by the person occupying the property if one (1) of the following conditions is satisfied:

(A) Either the property owner or the person occupying the property gives to the board written notice that indicates that the person occupying the property is responsible for paying the fees with respect to the property and requests that the account or other customer or billing records maintained for the property be in the name of the person occupying the property. At the option of the municipal legislative body, the ordinance may provide that a document that:

(i) is executed by the property owner and the person occupying the property;

(ii) identifies the person occupying the property by name; and

(iii) indicates that the person occupying the property is responsible for paying the fees assessed by the board with respect to the property;

serves as written notice for purposes of this clause.

(B) The account or other customer or billing records maintained by the board for the property otherwise indicate that:

(i) the property is occupied by someone other than the owner; and

(ii) the person occupying the property is responsible for paying the fees.

(C) The property owner or the person occupying the property satisfies any other requirements or conditions that the municipal legislative body includes in the ordinance.

(3) That fees assessed against the property for the services rendered by the sewerage system to the property do not constitute a lien against the property, notwithstanding subsection (g), and subject to any requirements or conditions set forth in the ordinance.

This subsection may not be construed to prohibit a municipal legislative body from including in an ordinance adopted under this chapter any other provision that the municipal legislative body considers appropriate.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-6-1 part; 19-2-6-2 part; 19-2-14-4 part; 19-2-20-3 part; 19-2-20-6; subsections (b), (c), (d), (e) formerly 19-2-14-4 part; 19-2-20-3 part; subsection (f) formerly 19-2-14-4 part; 19-2-20-11 part; 19-2-20-12; subsection (g) formerly 19-2-20-11 part; subsection (h) formerly 19-2-20-16.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.65; Acts 1982, P.L.77, SEC.22; P.L.55-1988, SEC.13; P.L.64-1989, SEC.3; P.L.175-2006, SEC.23; P.L.168-2009, SEC.10; P.L.196-2014, SEC.8; P.L.257-2019, SEC.163.
Ind. Code § 36-12-2-10 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-10
Library board serving district located in more than one county; appointments
Status: in_force

Sec. 10. This section applies to the appointment of members to the library board of a public library serving a library district that is located in more than one (1) county and is not entirely located within the boundaries of one (1) municipality. For a public library under this section, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:

(1) One (1) member appointed jointly by the executive of the respective counties.

(2) One (1) member appointed jointly by the fiscal bodies of the respective counties.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-5.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-3-1-12 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-12
Alteration of status, boundaries, or ordinances of political subdivisions
Status: in_force

Sec. 12. This chapter does not alter the status, boundaries, or ordinances of political subdivisions in a county where a first class city became a consolidated city before September 1, 1981. The status, boundaries, and ordinances remain as they existed on August 31, 1981, until altered according to the applicable law.

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-8-28-5 — Indiana Code / Title 36 / Article 8 / Chapter 28 / Section 36-8-28-5
Fire service report; required data
Status: in_force

Sec. 5. A fire service report under this chapter shall include data on the following:

(1) The number of separate fire runs made during the reporting period. A single fire run requiring multiple vehicles shall be considered one (1) fire run for purposes of a report.

(2) The number of vehicles that participated in each fire run.

(3) Information on whether a fire run consisted of:

(A) a fire;

(B) a vehicle accident;

(C) the provision of emergency medical services; or

(D) any other type of fire run.

(4) Information on whether or not a fire was extinguished as part of the fire run, regardless of whether or not the report indicates that the fire run consisted of a fire under subdivision (3).

As added by P.L.230-2025, SEC.147.
Ind. Code § 36-10-11-22 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-22
Loans; procedure
Status: in_force

Sec. 22. (a) In lieu of authorizing and selling bonds as provided in this section, the board may adopt a resolution authorizing the negotiation of a loan or loans for the purpose of procuring the required funds. The resolution must set out the total amount of the loan desired and the approximate dates on which funds will be required and the amounts of them. The resolution must also set out the terms, conditions, and restrictions relative to the proposed loan or to the submission of proposals that the board considers advisable. Before the consideration of proposals for the making of a loan, a notice shall be published once each week for two (2) weeks:

(1) with each publication in a newspaper published in the county and a newspaper published in the city of Indianapolis; or

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

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

(B) on the official web sites of the county and the city of Indianapolis.

The notice must set out the amount and purpose of the proposed loan and a brief summary of other provisions of the resolution, including the time and place where proposals will be considered. The board may accept the proposal that in its judgment is the most advantageous to the authority.

(b) The total amount of loans negotiated by the authority under this section, when added to the amount of bonds issued under section 21 of this chapter, may not exceed three million dollars ($3,000,000).

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.152-2021, SEC.42.
Ind. Code § 36-7.6-3-4 — Indiana Code / Title 36 / Article 7.6 / Chapter 3 / Section 36-7.6-3-4
Reports
Status: in_force

Sec. 4. A development authority shall before April 1 of each year issue a report to the legislative council, the budget committee, the Indiana economic development corporation, and the executive of each member of the development authority concerning the operations and activities of the development authority during the preceding calendar year. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.18.
Ind. Code § 36-10-9.5-10 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-10
Capital improvement bond fund
Status: in_force

Sec. 10. (a) If there are any outstanding bonds or notes issued under this chapter and secured in whole or in part by money deposited in the capital improvement bond fund, the treasurer of the board shall, except as otherwise provided in this section, deposit the following amounts in a separate and distinct fund called the "capital improvement bond fund":

(1) Excise tax proceeds received by the treasurer.

(2) Net income transferred to the capital improvement bond fund under section 9 of this chapter.

(3) Any other amounts received for deposit in the capital improvement bond fund.

(b) Principal and interest subaccounts shall be maintained in the capital improvement bond fund. The lesser of the following amounts shall be deposited in the principal and interest subaccounts:

(1) The total of the amounts listed in subsection (a).

(2) The total of the principal and interest subaccounts for all outstanding bonds and notes issued under this chapter, the amounts required by the resolutions, ordinances, and trust agreements under which the bonds or notes are issued.

Deposits to principal and interest subaccounts for notes and for bonds shall be made in the manner and in the order of priority that is provided in the resolutions, ordinances, and trust agreements under which the bonds or notes are issued. Amounts in a principal and interest subaccount may be used solely to pay the principal of and interest on the issue or issues of bonds or notes for which the principal and interest subaccount was established.

(c) The treasurer of the board shall maintain in the capital improvement bond fund a bond reserve subaccount for bonds and for notes secured in whole or in part by money deposited in the capital improvement bond fund. These subaccounts shall be maintained to the extent and in the amount required by the resolutions, ordinances, and trust agreements under which the bonds or notes are issued. Amounts described in subsection (a) that are not required to be deposited in principal and interest subaccounts under subsection (b) shall be deposited in the reserve subaccounts to the extent of any deficiency in those subaccounts. Deposits to the reserve subaccounts for notes and for bonds shall be made in the manner and in the order of priority that is provided in the resolutions, ordinances, and trust agreements under which the bonds or notes are issued. Subject to subsection (e), amounts in a reserve subaccount may be used solely to pay the principal of and interest on the issue or issues of bonds or notes for which the reserve subaccount was established and only to the extent amounts in the principal and interest subaccount for the issue or issues of bonds or notes are not sufficient for that purpose.

(d) Amounts described in subsection (a) that are not required to be deposited in principal and interest subaccounts or bond reserve subaccounts under subsections (b) and (c) shall be deposited in the capital improvement fund rather than the capital improvement bond fund.

(e) Unless otherwise provided in any resolution, ordinance, or trust agreement under which bonds or notes are issued, amounts in the capital improvement bond fund in excess of the amount required by this section to be on deposit in that fund shall be transferred to the capital improvement fund.

(f) Subject to any trust agreements, funds on deposit in the capital improvement fund shall be transferred to the Indiana finance authority created by IC 5-1.2-3 for deposit into separate accounts, based on pro rata county population, for the payment or reimbursement of costs associated with transportation or infrastructure projects in the following counties:

(1) Elkhart County.

(2) LaGrange County.

(3) LaPorte County.

(4) Porter County.

(5) Steuben County.

(6) St. Joseph County.

The maximum amount of all deposits by the Indiana finance authority under this subsection shall not exceed the amount of proceeds received by the Indiana finance authority, including interest earned on such proceeds, in connection with an extension or amendment executed after January 1, 2026, and before December 31, 2026, related to a public-private agreement to which the authority is a party under IC 8-15.5, and that was originally entered into before January 1, 2013, and contributed by the Indiana finance authority towards a project.

(g) The principal and interest subaccount and bond reserve subaccounts shall be held by the treasurer of the board or by an escrow agent, depository, or trustee provided in the resolutions, ordinances, or trust agreements establishing the subaccounts. One (1) principal and interest subaccount or bond reserve subaccount may be established for two (2) or more issues of bonds or notes.

(h) For purposes of this section and section 9 of this chapter, bonds issued under section 15 of this chapter shall be considered to be secured by money deposited in the capital improvement bond fund, if provided in the resolution, ordinance, or trust agreement providing for the issuance of the bonds.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-7-3-2 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-2
Subdivision of lots or lands outside boundaries of municipality; requisites, approval, and recording of plat
Status: in_force

Sec. 2. (a) A person who lays out a subdivision of lots or lands outside the corporate boundaries of any municipality shall record a correct plat of the subdivision in the office of the recorder of the county before selling any lots in the subdivision. The plat must show public places, public ways, and the length, width, and size of each lot. Lots shown on the plat must be regularly numbered.

(b) The certificate of a professional surveyor certifying the correctness of the plat must be attached to the plat. This certificate must include a description, by metes and bounds, of the location of the plat.

(c) Before offering a plat for record under this section, a person must acknowledge it before an officer authorized by law to take and certify acknowledgments of deeds. The officer shall then attach to the plat a certificate of the acknowledgment, which must be recorded with the plat.

(d) Before offering a plat for recording under this section, a person must file a copy of the plat in the county auditor's office and must submit the plat for the approval of the county executive. The county recorder may record the plat only if a certificate showing the approval of the county executive is attached to it. If the record of a plat is not executed and approved as required by this subsection, it is void.

(e) Except as provided in subsection (f), the county executive may approve or disapprove a subdivision plat only on the basis of whether the plat complies with the requirements set forth in subsections (a) through (c).

(f) The county executive may approve or disapprove a subdivision plat based upon whether the plat complies with standards for development of subdivisions within the county executive's jurisdiction. The standards shall be set by the county executive, shall be reasonable, and may include a minimum lot size. The county executive shall rely only upon the following criteria in establishing the standards for development:

(1) The standards must protect and provide for the public health, safety, and welfare of the county.

(2) The standards must ensure that public facilities and services are available to support the subdivision.

(g) The county executive may not approve or disapprove a subdivision plat based upon the standards for development until the county executive has had at least one (1) public hearing on the issue. The county executive shall publish notice of a hearing in accordance with IC 5-3-1. The notice must set forth the following information:

(1) A legal description of the property where the proposed subdivision will be located.

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

(3) The name of the applicant submitting the plat for the approval of the county executive.

(4) A statement that the county executive will consider at the hearing whether to approve the plat based upon whether the plat is in accordance with the county's development standards.

(h) If, after a hearing, the county executive disapproves the plat, the county executive shall make written findings that set forth its reasons and a decision denying approval and shall provide the applicant with a copy.

[Pre-Local Government Recodification Citations: 17-3-43-1; 17-3-43-2; 18-7-4-711(a) part; 18-7-5-54 part.]

As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.104-1983, SEC.4; P.L.220-1986, SEC.4; P.L.23-1991, SEC.38; P.L.153-2003, SEC.1; P.L.57-2013, SEC.97.
Ind. Code § 36-7-8-7 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-7
Municipalities and counties; designation of enforcement agencies
Status: in_force

Sec. 7. One (1) or more municipalities and a county may designate, by ordinance or resolution of their legislative bodies, a single agency of a municipality or the county to administer and enforce:

(1) the ordinances adopted under section 3 of this chapter; and

(2) the standards imposed by section 5 of this chapter;

throughout the county on behalf of the municipalities and the county.

[Pre-Local Government Recodification Citations: 17-2-72-7; 17-2-72.5-4.]

As added by Acts 1981, P.L.309, SEC.27.
Ind. Code § 36-7-1-1.5 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-1.5
"Accessory dwelling unit"
Status: in_force

Sec. 1.5. "Accessory dwelling unit" means a self-contained living unit internal to or on the same lot or parcel as a single family dwelling that:

(1) does not exceed the lesser of:

(A) seventy-five percent (75%) of the interior habitable area (gross floor area) of the single family dwelling; or

(B) one thousand (1,000) square feet;

(2) includes its own cooking, sleeping, and sanitation facilities; and

(3) complies with or is otherwise exempt from any applicable building codes, fire safety codes, and other public health and safety laws.

The term does not include a manufactured home (as defined in IC 36-7-4-1106(b)) that is subject to the standards and requirements set forth in IC 36-7-4-1106.

As added by P.L.73-2026, SEC.13.
Ind. Code § 36-8-10.5-7 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-7
Training subject matter
Status: in_force

Sec. 7. (a) The education board shall adopt rules under IC 4-22-2 establishing minimum basic training requirements for full-time firefighters and volunteer firefighters, subject to subsection (b) and section 7.5 of this chapter. The requirements must include training in the following areas:

(1) Orientation.

(2) Personal safety.

(3) Forcible entry.

(4) Ventilation.

(5) Apparatus.

(6) Ladders.

(7) Self-contained breathing apparatus.

(8) Hose loads.

(9) Streams.

(10) Basic recognition of special hazards.

(b) A person who fulfills the certification requirements for:

(1) Firefighter I; or

(2) Firefighter II;

is considered to comply with the requirements established under subsection (a).

(c) In addition to the requirements of subsections (a), (d), and (f), the minimum basic training requirements for full-time firefighters and volunteer firefighters must include successful completion of a basic or inservice course of education and training on sudden infant death syndrome that is certified by the Indiana emergency medical services commission (created under IC 16-31-2-1) in conjunction with the state health commissioner.

(d) In addition to the requirements of subsections (a), (c), and (f), the minimum basic training requirements for full-time and volunteer firefighters must include successful completion of an instruction course on vehicle emergency response driving safety. The education board shall adopt rules under IC 4-22-2 to operate this course.

(e) In addition to the requirements of subsections (a), (c), (d), and (f), the minimum basic training requirements for full-time and volunteer firefighters must include successful completion of a basic or inservice course of education and training in interacting with individuals with autism that is certified by the Indiana emergency medical services commission (created under IC 16-31-2-1).

(f) This subsection does not apply to volunteer firefighters. After December 31, 2024, in addition to the requirements of subsections (a), (c), (d), and (e), the minimum basic training requirement for full-time firefighters must include training, which may be completed online or by other means of virtual instruction, that addresses the mental health and wellness of firefighters, including:

(1) healthy coping skills to preserve the mental health of firefighters and to manage the stress and trauma related to employment as a firefighter;

(2) recognition of:

(A) symptoms of posttraumatic stress disorder; and

(B) signs of suicidal behavior; and

(3) information on mental health resources available for firefighters.

(g) The education board may adopt rules under IC 4-22-2 concerning the adoption of the most current edition of the following National Fire Protection Association standards, subject to amendment by the board:

(1) NFPA 472.

(2) NFPA 1001.

(3) NFPA 1002.

(4) NFPA 1003.

(5) NFPA 1006.

(6) NFPA 1021.

(7) NFPA 1031.

(8) NFPA 1033.

(9) NFPA 1035.

(10) NFPA 1041.

(11) NFPA 1521.

(12) NFPA 1670.

As added by P.L.49-1987, SEC.2. Amended by P.L.22-1994, SEC.5; P.L.62-2003, SEC.1; P.L.148-2007, SEC.7; P.L.93-2009, SEC.3; P.L.110-2009, SEC.17; P.L.1-2010, SEC.152; P.L.78-2013, SEC.10; P.L.10-2017, SEC.2; P.L.187-2021, SEC.141; P.L.139-2023, SEC.4; P.L.93-2024, SEC.209.
Ind. Code § 36-7-4-608.7 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-608.7
Zoning ordinance; alternate procedure for changing zone maps
Status: in_force

Sec. 608.7. (a) A unit, including an excluded city, may adopt the alternate procedure set forth in this section to apply to a proposal, as described in section 602(c) of this chapter, to change the zone maps incorporated by reference into the zoning ordinance.

(b) The plan commission shall comply with section 608(b) of this chapter and certify a favorable recommendation, unfavorable recommendation, or no recommendation to the legislative body under section 605 of this chapter. Except as provided in subsection (c), if the plan commission makes:

(1) a favorable recommendation on the proposal, the proposal (as certified) takes effect as other ordinances:

(A) thirty (30) days after the date of the certification under section 605 of this chapter; or

(B) on a date less than thirty (30) days:

(i) after the date of the certification under section 605 of this chapter; and

(ii) that is specified in the ordinance adopting the alternate procedure; or

(2) an unfavorable recommendation or no recommendation on the proposal, the proposal is defeated:

(A) thirty (30) days after the date of the certification under section 605 of this chapter; or

(B) on a date less than thirty (30) days:

(i) after the date of the certification under section 605 of this chapter; and

(ii) that is specified in the ordinance adopting the alternate procedure.

The plan commission shall notify the legislative body not later than the next business day after a proposal takes effect under subdivision (1) or is defeated under subdivision (2).

(c) If:

(1) any aggrieved person files with the plan commission a written request to have the final determination on the proposal made by the appropriate legislative body; or

(2) the legislative body files a notice with the plan commission that the legislative body shall make the final determination on the proposal;

the legislative body shall make the final determination on the proposal to change the zone map as set forth in section 608 of this chapter. The plan commission shall notify the legislative body in writing of a request under subdivision (1) not later than the next business day after receiving the request.

(d) A request or notice under subsection (c)(1) or (c)(2) must be filed not later than:

(1) twenty-nine (29) days after the date the favorable recommendation, the unfavorable recommendation, or no recommendation of the plan commission is certified under section 605 of this chapter; or

(2) on a date that is less than twenty-nine (29) days:

(A) after the date the favorable recommendation, the unfavorable recommendation, or no recommendation of the plan commission is certified under section 605 of this chapter; and

(B) that is specified in the ordinance adopting the alternate procedure.

As added by P.L.192-2016, SEC.4. Amended by P.L.161-2021, SEC.5.
Ind. Code § 36-7-35-1 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-1
"Landlord" defined
Status: in_force

Sec. 1. As used in this chapter, "landlord" has the meaning set forth in IC 32-31-3-3.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-10-4-19 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-19
Building lines; establishment by resolution; nature of rights in land between building line and park property; procedure; regulation of use of property; conflict of interest
Status: in_force

Sec. 19. (a) The board may, by resolution, establish a building line determining the distance at which all structures erected upon any premises fronting a park, parkway, or boulevard may be erected. Upon the adoption of the resolution, the board shall acquire, in the name of the city, by donation, condemnation, or purchase, the land between the building line and the park, parkway, or boulevard, or an interest in the land that will secure to the board the right to prevent the erection of or to require the removal of all structures outside of the line, or both. After the adoption of the resolution, a permit may not be issued by a department or officer of the city authorizing the erection of a structure outside of the established line unless approved by the board.

(b) The establishment of a building line outside of a park, parkway, or boulevard in connection with the donation, condemnation, or purchase of land or an interest in it is a perpetual annihilation of all rights of the owners of property over and across which the building line runs to erect a structure or a part of one between the building line and the park, parkway, or boulevard. However, the perpetual and irrevocable free license to use and occupy the land between a building line and the park property is reserved to the property owner for purposes other than the erection of structures.

(c) If the board decides to establish a building line, the board has the same powers and shall proceed in the same manner in the condemnation, assessment, and collection of benefits, awards of damages, remonstrances, hearings, appeals, rehearings, and other matters as it does in the acquisition of real property. Benefits may not be assessed against property other than that abutting on the park, parkway, or boulevard along which the building line is established and within the limits of the building line. However, the total amount of benefits assessed against lots and parcels of land fronting on the park, parkway, or boulevard and located within the limits of the building line must equal the total cost of the establishment of the building line.

(d) A subdivision of lots or parcels of land lying within five hundred (500) feet of park, parkway, or boulevard may not be accepted for record and is not valid without the approval of the board. If the board considers it necessary, in order to promote public health, safety, morals, or general welfare, the board may, by general order or resolution, regulate:

(1) horse racing; and

(2) the location of trades, industries, commercial enterprises, buildings, or devices designed for uses that, in the order or resolution, are specified as injurious to the public health, safety, morals, or general welfare;

within five hundred (500) feet of a park, parkway, or boulevard. The right to regulate the use of this property for these purposes is considered to be included in a gift, donation, acquisition, or condemnation under this chapter. However, a lawful business being conducted upon adjacent property when jurisdiction is acquired over the property may not be prohibited or abated without a fair valuation and due compensation.

(e) Commissioners, clerks, assistants, appointees, or employees of the board may not hold an interest, either directly or indirectly, in any kind of enterprise conducted for profit within one thousand (1,000) feet of a park, parkway, or boulevard under the jurisdiction of the board. The possession or ownership of an interest operates to vacate the office or position held by the person and makes the person ineligible to hold an office or position under the board while the interest is, either directly or indirectly, possessed or retained by the person.

[Pre-Local Government Recodification Citation: 19-7-30-13 part.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.127-2017, SEC.381.
Ind. Code § 36-7-14-22.8 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-22.8
Expired
Status: repealed

As added by P.L.183-2016, SEC.10. Amended by P.L.257-2019, SEC.116. Expired 7-1-2022 by P.L.257-2019, SEC.116.
Ind. Code § 36-2-11-2 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-2
Residence; term of office
Status: in_force

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

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

[Pre-Local Government Recodification Citations: 17-3-1-1 part; 17-3-39-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.546.
Ind. Code § 36-7-14-20 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-20
Eminent domain; procedure; legislative body resolution
Status: in_force

Sec. 20. (a) If the legislative body of the unit that established the department of redevelopment considers it necessary to acquire real property in a redevelopment project area by the exercise of the power of eminent domain, the legislative body shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a petition in the name of the unit on behalf of the department of redevelopment, in the circuit or superior court of the county in which the property is situated.

(b) Eminent domain proceedings under this section are governed by IC 32-24 and other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired under this section, but property belonging to the state or any political subdivision may not be acquired without its consent.

(c) The court having jurisdiction shall direct the clerk of the circuit court to execute a deed conveying the title of real property acquired under this section to the unit for the use and benefit of its department of redevelopment.

[Pre-Local Government Recodification Citations: 18-7-7-17; 18-7-7.1-17.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.2-2002, SEC.110; P.L.185-2005, SEC.16; P.L.146-2008, SEC.730; P.L.149-2014, SEC.11.
Ind. Code § 36-4-2-10 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-10
Election of officers at large and by district
Status: in_force

Sec. 10. At the next general municipal election after a vote in favor of a merger at an election held under section 2 or 3 of this chapter, one (1) set of officers for a municipality having the combined population of the merging municipalities shall be elected by the voters of the merging municipalities as prescribed by statute, except that:

(1) one (1) member of the municipal legislative body shall be elected from each district established under section 12 of this chapter; and

(2) the total number of at large members prescribed by statute for the municipal legislative body shall be elected.

[Pre-Local Government Recodification Citation: 18-5-10-14 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-8-8.3-4 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-4
Review panels established; selection; compensation
Status: in_force

Sec. 4. (a) This chapter provides for the establishment of mental health disability review panels to review impairment determinations in the case of a mental health disability.

(b) A mental health disability review panel consists of:

(1) one (1) psychologist licensed under IC 25-33-1-5.1;

(2) one (1) psychiatrist licensed as a physician under IC 25-22.5; and

(3) one (1) active or retired police officer or firefighter who is a member of the 1977 fund, depending on the profession of the fund member being evaluated.

(c) A mental health disability review panel shall be selected by the system board.

(d) Compensation shall be determined by the system board.

(e) A mental health disability review panel established under this chapter is not a governing body under IC 5-14-1.5-2(b).

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-10-8-3 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-3
Continuation; creation; authority to finance capital improvements
Status: in_force

Sec. 3. (a) If a county had in existence on January 1, 1982, a capital improvement board of managers that was created under IC 18-7-18 (before its repeal on February 24, 1982), that board continues to exist and is subject to this chapter. In any other county to which this chapter applies, a capital improvement board of managers may be created by ordinance of the county legislative body.

(b) A county to which this chapter applies may finance, construct, equip, operate, and maintain a capital improvement under this chapter.

As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.213-1986, SEC.11; P.L.163-1987, SEC.8; P.L.3-1990, SEC.143.
Ind. Code § 36-9-27-112 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-112
Determination of benefits and damages by board; factors considered
Status: in_force

Sec. 112. (a) In determining benefits to land under sections 39, 50, and 62 of this chapter, the board may consider:

(1) the watershed affected by the drain to be constructed, reconstructed, or maintained;

(2) the number of acres in each tract;

(3) the total volume of water draining into or through the drain to be constructed, reconstructed, or maintained, and the amount of water contributed by each land owner;

(4) the land use;

(5) the increased value accruing to each tract of land from the construction, reconstruction, or maintenance;

(6) whether the various tracts are adjacent, upland, upstream, or downstream in relation to the main trunk of the drain;

(7) elimination or reduction of damage from floods;

(8) the soil type; and

(9) any other factors affecting the construction, reconstruction, or maintenance.

(b) In determining benefits or damages to land under sections 39, 50, and 62 of this chapter, the board may examine aerial photographs and topographical or other maps, and may adjourn the hearing to the site of the construction, reconstruction, or maintenance in order to personally view the affected land.

(c) In determining percentages of benefit under sections 39, 50, and 62 of this chapter, the board may consider the percentage of the total cost that was assessed to each tract in the initial construction or in any reconstruction of the drain. However, that percentage is not binding on the board in its current determination, and the board may vary from it as justice requires.

[Pre-Local Government Recodification Citation: 19-4-1-13.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-2-11-16.5 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-16.5
Requirements for instrument or document presented for recording; not applicable to certain instruments or documents
Status: in_force

Sec. 16.5. (a) This section does not apply to the following:

(1) A judgment, an order, or a writ of a court.

(2) A will or death certificate.

(3) A plat.

(4) A survey.

(b) The county recorder may receive for record an instrument or a document if:

(1) the instrument or document consists of at least one (1) individual page measuring not more than eight and one-half (8 1/2) inches by fourteen (14) inches that is not permanently bound and is not a continuous form;

(2) the instrument or document is on white paper of at least twenty (20) pound weight and has clean margins:

(A) on the first and last pages of at least two (2) inches on the top and bottom and one-half (1/2) inch on each side; and

(B) on each additional page of at least one-half (1/2) inch on the top, bottom, and each side; and

(3) the instrument or document is typewritten or computer generated in black ink in at least 10 point type.

As added by P.L.211-1996, SEC.5. Amended by P.L.127-2017, SEC.80.
Ind. Code § 36-9-2-2 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-2
Transportation systems; establishment, aid, and operation
Status: in_force

Sec. 2. (a) A unit may establish, aid, maintain, and operate transportation systems.

(b) This subsection applies to an eligible county (as defined by IC 8-25-1-4) that establishes a public transportation system through a public transportation project authorized and funded under IC 8-25. The unit must establish fares and charges that cover at least twenty-five percent (25%) of the operating expenses of the public transportation system. For purposes of this subsection, operating expenses include only those expenses incurred in the operation of fixed route services that are established or expanded as a result of a public transportation project authorized and funded under IC 8-25. The unit annually shall report on the unit's compliance with this subsection not later than sixty (60) days after the close of the unit's fiscal year. The report must include information on any fare increases necessary to achieve compliance. The unit shall submit the report to the department of local government finance and make the report available electronically through the Indiana transparency Internet web site established under IC 5-14-3.8.

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

[Pre-Local Government Recodification Citations: 18-1-1.5-14(i); 18-4-2-16 part.]

As added by Acts 1980, P.L.211, SEC.4. Amended by P.L.153-2014, SEC.19; P.L.84-2016, SEC.184.
Ind. Code § 36-7-35-11 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-11
Permissible inclusions in list or definition of maintenance activities
Status: in_force

Sec. 11. The list or definition of maintenance activities determined by the municipality under section 10(2) of this chapter may include installing, repairing, or upgrading:

(1) roofing;

(2) siding;

(3) a furnace;

(4) a window or windows;

(5) paint;

(6) a foundation;

(7) electrical wiring; or

(8) plumbing.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-4-10-9 — Indiana Code / Title 36 / Article 4 / Chapter 10 / Section 36-4-10-9
Clerk or clerk-treasurer unable to perform fiscal responsibilities
Status: in_force

Sec. 9. If the clerk or clerk-treasurer is unable to perform the fiscal requirements of the clerk's or clerk-treasurer's position, the city shall hire or contract with a qualified certified public accountant to:

(1) provide guidance to the clerk or clerk-treasurer regarding the performance of the clerk or clerk-treasurer's responsibilities; or

(2) perform the clerk or clerk-treasurer's fiscal responsibilities.

The clerk or clerk-treasurer is considered to be unable to perform the fiscal requirements of the clerk's or clerk-treasurer's position if the city is declared unauditable under IC 5-11-1-9(b).

As added by P.L.58-2023, SEC.27.
Ind. Code § 36-7-11.3-12 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-12
"Single family or double family residential dwellings" defined
Status: in_force

Sec. 12. As used in this chapter, "single family or double family residential dwellings" means residential structures that:

(1) do not share a common wall with any other residential structures;

(2) were designed and built for occupancy by not more than two (2) separate families; and

(3) contain not more than two (2) separate living quarters.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-3-4-8.5 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-8.5
Employment of attorneys or legal research assistants
Status: in_force

Sec. 8.5. (a) A clerk may hire or contract with competent attorneys or legal research assistants on terms the clerk considers appropriate.

(b) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget.

As added by P.L.69-1995, SEC.4.
Ind. Code § 36-7-4-1511 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1511
Power of legislative body to delegate authority
Status: in_force

Sec. 1511. (a) The legislative body may, in the zoning ordinance, delegate authority to conduct secondary review of a PUD district ordinance under section 1509(c) of this chapter.

(b) The legislative body may, in the zoning ordinance, delegate authority to modify permitted uses or development requirements that are specified in a PUD district ordinance.

(c) The legislative body may, in the zoning ordinance, delegate the authority to conduct secondary reviews and grant approvals under subsection (a) and to make modifications under subsections (b) and (i) to any of the following:

(1) The plan commission.

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

(3) At least one (1) employee designated by the plan commission.

(d) If authority is delegated under subsection (c)(1), the zoning ordinance may provide for an appeal to the legislative body of the decision of the plan commission.

(e) If authority is delegated under subsection (c)(2) or (c)(3), the zoning ordinance must provide for an appeal to the legislative body or the plan commission of the decision of the hearing examiner, committee, employee, or group of employees.

(f) If the zoning ordinance provides for an appeal under subsection (d) or (e), the zoning ordinance must specify the appeal procedure.

(g) If authority to conduct secondary reviews is delegated under subsection (a), the legislative body must establish the following in the zoning ordinance:

(1) The nature of the proceedings required for conducting secondary review.

(2) The type of notice, if any, that must be given.

(h) Except as provided in subsection (i), if authority to make modifications in permitted uses or development requirements is delegated under subsection (b), a public hearing must be held before a modification is made. A hearing under this subsection must be conducted in the manner established by the legislative body in the zoning ordinance. Notice of the hearing must be given in the same manner as notice is given under section 604(b) and 604(c) of this chapter.

(i) The legislative body may define in the zoning ordinance minor modifications that may be made without a public hearing under subsection (h). The legislative body must establish in the zoning ordinance the nature of the proceedings and any notice required for the making of a minor modification under this subsection.

(j) The legislative body may, in the zoning ordinance, delegate authority to the plan commission to establish rules governing the nature of the proceedings and any notice required to conduct secondary review, grant an approval, or make a modification under this section.

(k) A decision of the plan commission to grant or deny an approval or a modification under this section, whether made after an original hearing or the hearing of an appeal, is a final decision that may be reviewed under section 1016 of this chapter.

As added by P.L.320-1995, SEC.41.
Ind. Code § 36-9-27-85 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-85
Certification of assessments to county auditor; disposition of unexpended funds
Status: in_force

Sec. 85. (a) The board shall certify the list of assessments apportioned under section 84 of this chapter to the auditor of each county in which there are lands to be assessed.

(b) Whenever the order of the board establishing an annual assessment for periodic maintenance becomes final, the board shall certify that annual assessment to the auditor of each county in which there are lands to be assessed. The annual assessment shall be collected each year until changed or terminated by the board.

(c) The county auditor shall extend assessments for construction and reconstruction upon a book to be known as the ditch duplicate, for the full period of payment allowed for all assessments for construction and reconstruction, with interest at ten percent (10%) per year upon all payments deferred beyond one (1) year from the date that the certification is made. However, the county auditor may not charge interest under this section on assessments for construction or reconstruction financed through:

(1) a bond issue under section 94 of this chapter; or

(2) a construction loan obtained under section 97.5 of this chapter.

(d) Whenever any sum is certified under this section and is not expended within two (2) years after payment of the most recently allowed claim for work on a drain, the county auditor, with the approval of the board, shall promptly transfer the unexpended sum to the periodic maintenance fund for that drain. If there is no periodic maintenance fund for the drain, the unexpended sum may be transferred to the general drain improvement fund or funds of the county or counties affected by the drain, in proportion to the original apportionment and certification of costs for the drain.

[Pre-Local Government Recodification Citations: 19-4-7-10; 19-4-7-21 part; 19-4-10-5 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.30; P.L.255-2017, SEC.54.
Ind. Code § 36-7-14-25 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-25
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-7-23; 18-7-7.1-23.]

Repealed, as amended by Acts 1981, P.L.45, SEC.31, and also as amended by Acts 1981, P.L.180, SEC.10, by Acts 1982, P.L.6, SEC.25.
Ind. Code § 36-6-1.7-5 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-5
"Recipient township"
Status: in_force

Sec. 5. As used in this chapter, "recipient township" means a township government that has not more than three (3) points assigned by the department under section 9 of this chapter.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-7-5.2-1 — Indiana Code / Title 36 / Article 7 / Chapter 5.2 / Section 36-7-5.2-1
Limited federal preemption
Status: in_force

Sec. 1. A municipality or county may not enact or enforce an ordinance, a resolution, or an order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2d 952 (1985)" or a regulation related to the amateur radio service adopted under 47 CFR Part 97.

As added by P.L.109-2003, SEC.1.
Ind. Code § 36-12-1-10 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-10
Conversion of Class 2 library to Class 1 library; procedure; appointment of library board; tax levies
Status: in_force

Sec. 10. (a) A Class 2 library may convert to Class 1 status if the Class 2 library board passes the following resolution of conversion:

"__________ Public Library, by action of its library board, resolves to convert to a Class 1 library district subject to IC 36-12-2.".

(b) The resolution of conversion:

(1) must describe the territory included in the library district; and

(2) is irrevocable.

(c) The resolution of conversion must be signed by a majority of library board members. Not later than five (5) days after approving the resolution of conversion, the library board shall file a copy of the resolution of conversion:

(1) in the office of the county recorder in the county where the administrative office of the public library is located; and

(2) with the Indiana state library.

(d) The library board shall give notice of the resolution of conversion to all officials who have appointive powers under IC 36-12-2.

(e) The officials under subsection (d) shall appoint a library board for the public library. Members of the old library board shall continue to serve as library board members until:

(1) a majority of the new library board has been appointed; and

(2) the new appointees have taken an oath of office to serve on the library board.

(f) Upon the:

(1) filing of the resolution of conversion;

(2) appointments under IC 36-12-2; and

(3) oath of office of the new library board under IC 36-12-2-19;

any current tax levies continue under authority granted to the Class 2 library until the next succeeding calendar year, at which time the tax provisions for Class 1 libraries under IC 36-12-3-12 apply.

(g) The obligation of a political subdivision to levy and collect taxes for library purposes remains effective after the conversion.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-5.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-27.8-16 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-16
Assessments; amount and collection
Status: in_force

Sec. 16. Assessments imposed on the owners of property in a subdivision under section 11(2) of this chapter:

(1) shall be set by the executive or the executive's designee at an amount not greater than is necessary to meet the cost of repairs needed at the time the contract is entered into with respect to subdivision drains located on property in the subdivision; and

(2) may be collected by the fiscal officer through a charge appearing on the semiannual property tax statement of the affected property owner.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-9-27-38 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-38
Periodic maintenance of drains; county surveyor's report
Status: in_force

Sec. 38. When the board refers a regulated drain classified in need of periodic maintenance to the county surveyor, the county surveyor shall prepare a maintenance report that includes the following items:

(1) The estimated annual cost of periodically maintaining the drain.

(2) The name and address of each owner of land that will be affected by the proposed maintenance, and the legal description of the land of each owner, as shown by the tax duplicate or record of transfers of the county in which the land is located. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. If the name of an owner is not known, and cannot be discovered through diligent inquiry, the report may describe the land as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfers of the county where the land is located.

(3) The nature of the maintenance work required and how frequently the work should be performed.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.335.
Ind. Code § 36-8-10.5-9 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-9
Certification
Status: in_force

Sec. 9. The department shall certify fire personnel who successfully complete the minimum basic training requirements.

As added by P.L.49-1987, SEC.2. Amended by P.L.238-2025, SEC.100.
Ind. Code § 36-7-15.6-19 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-19
Authorization to reimburse debt service payments on bonds made from the unit's storm water fund
Status: in_force

Sec. 19. (a) In lieu of issuing bonds under section 17 of this chapter, the fiscal body of the unit that established the commission may adopt an ordinance to authorize money in a flood control improvement fund of a district to be applied to reimburse debt service payments on bonds made from the unit's storm water fund if the following apply:

(1) The unit has issued bonds for which revenue from the unit's storm water fund is pledged or assigned.

(2) The bonds described in subdivision (1) were issued solely for the purpose of construction, replacement, repair, maintenance, or improvement of flood control works that are located within the district for which the flood control improvement fund was established.

(3) All money received from the bonds described in subdivision (1) is applied solely to the payment of costs of providing flood control works located within the district for which the flood control improvement fund was established.

(4) The bonds described in subdivision (1) must mature within twenty-five (25) years.

(5) Money from the flood control improvement fund must be applied only to reimburse debt service payments made on the bonds described in subdivisions (1) through (4).

(b) Before adopting an ordinance under this section, the fiscal body of the unit must hold at least one (1) public hearing at which testimony about the adoption of the ordinance is allowed.

(c) No reimbursement payments may be made from the flood control improvement fund under this section after the maturity date of the bonds described in subsection (a).

(d) The fiscal body of the unit may not adopt an ordinance to authorize money in the flood control improvement fund of a district to be used for any other purposes not specified in this section.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-5-6-2 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-2
Clerk and fiscal officer; exception
Status: in_force

Sec. 2. Except as provided in IC 36-5-6.5, the clerk-treasurer elected under this chapter is both the town clerk and the town fiscal officer.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.56-2022, SEC.5.
Ind. Code § 36-10-16-15 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-15
"Trail project"
Status: in_force

Sec. 15. As used in this chapter, "trail project" refers to the acquisition, design, construction, and maintenance of a trail system designed to leverage the continental divide, the state parks and reserves, and the other ecotourism assets located in the territories of an eligible unit or a reservation site.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-9-9-6 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-6
Construction of street lights; uniformity of style; supervisory personnel; completion report
Status: in_force

Sec. 6. (a) All street lamps or systems of lighting constructed, erected, or installed must be uniform in style and shall be installed under the supervision of:

(1) the municipal civil engineer; or

(2) some other competent person;

as determined by the municipal works board. If the person supervising the work is not already under bond, the person shall file a bond for the faithful performance of the person's duties in the sum and the manner directed by the works board.

(b) At the completion of the work, the person supervising the work shall file with the municipality the person's verified report that the work has been completed and complies in all respects with the drawings, plans, and specifications on file. If the report is found to be correct, the works board shall accept it on behalf of the municipality.

[Pre-Local Government Recodification Citation: 19-5-24-6.]

As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.127-2017, SEC.292.
Ind. Code § 36-10-4-12 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-12
Open spaces for park, recreational, or civic purposes
Status: in_force

Sec. 12. The board may develop open spaces for park, recreational, or civic purposes in cities where areas have become blighted or require redevelopment for the public welfare in cooperation with the redevelopment commission and the plan commission for the city, providing out of park funds, by bond issue, from other available funds, or by the receipt of grants or donations for such purposes the money necessary for the redevelopment commission to acquire the areas for the department and paying the money to the redevelopment commission for the project.

[Pre-Local Government Recodification Citation: 19-7-30-9 part.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-10-4-26 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-26
Letting of contract for construction; bidder's deposit; payment; limitation of cost; validity of contract
Status: in_force

Sec. 26. (a) If the board orders acquisition and construction and has advertised for bids for the construction after final adoption of the resolution, it shall require each bidder to deposit with the bidder's bid a certified check for an amount not less than two and one-half percent (2 1/2%) of the engineer's estimate of the cost of the improvement to insure the execution of the contract for which the bid is made.

(b) The contract must state that payments for all work under the contract shall be made only from the special fund derived from the proceeds of bonds and special assessments. A contract may not be let for a higher amount than the estimated cost of the work, and the board may let parts of the proposed work under different contracts. The board may, at any time before the execution of a contract for the work, rescind any acts or orders in relation to the proposed work or take the supplementary proceedings that the board considers necessary.

(c) The validity of a contract may not be subsequently questioned by any person except in an action to enjoin the performance of the contract instituted within fifteen (15) days after the execution of the contract. After that fifteen (15) day period, all proceedings and orders of the board preliminary to the contract are valid, conclusive, and binding upon all persons and are not subject to attack. The amount of the benefits resulting to all property in the city and the special tax shall be levied only for the balance.

[Pre-Local Government Recodification Citations: 19-7-9-10; 19-7-30-20.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.127-2017, SEC.382.
Ind. Code § 36-2-13-18 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-18
Health care services provided to person subject to lawful detention
Status: in_force

Sec. 18. (a) As used in this section, "health care services" includes health care items and procedures.

(b) As used in this section, "lawful detention" means the following:

(1) Arrest.

(2) Custody following surrender in lieu of arrest.

(3) Detention in a penal facility.

(4) Detention for extradition or deportation.

(5) Custody for purposes incident to any of the above, including transportation, medical diagnosis or treatment, court appearances, work, or recreation.

The term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail.

(c) This section does not apply to a person who is subject to lawful detention and is:

(1) covered under private health coverage for health care services; or

(2) willing to pay for the person's own health care services.

(d) A sheriff of a county may not release a person subject to lawful detention solely for the purpose of preventing the county from being financially responsible under IC 11-12-5 for health care services provided to the person.

(e) If a county violates subsection (d), the county remains financially responsible under IC 11-12-5 for health care services provided to the person released from lawful detention.

(f) A county is financially responsible under IC 11-12-5 for health care services provided to a person at a hospital if the person was subject to lawful detention by the sheriff at the time the person entered onto the hospital's premises.

(g) If a person is subjected to lawful detention after entering onto the premises of a hospital, the county in which the hospital is located is financially responsible under IC 11-12-5 for the health care services provided to the person while the person is subject to lawful detention.

(h) For purposes of this section, if a sheriff brings a person subject to lawful detention onto the premises of a hospital or subjects a person to lawful detention after the person enters onto the premises of a hospital, the sheriff shall remain on the premises of the hospital and within reasonable proximity to the person while the person receives health care services at the hospital unless:

(1) the person's medical condition renders the person incapable of leaving the hospital; and

(2) the person does not pose a threat to hospital personnel or property or to others at the hospital.

(i) This section does not prevent or limit the application of IC 11-12-5-5 concerning the making of copayments by a person confined to a county jail.

(j) A county that is responsible for paying the medical care expenses of a county jail inmate under IC 11-12-5-6 is responsible for paying the medical care expenses of the inmate under this section.

(k) This section does not supersede a written agreement:

(1) between:

(A) a physician, a hospital, or another health care provider; and

(B) a sheriff;

concerning reimbursement for health care services provided to a person subject to lawful detention; and

(2) entered into or renewed before July 1, 2009.

As added by P.L.80-2009, SEC.2. Amended by P.L.205-2011, SEC.2.
Ind. Code § 36-4-7-9 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-9
Appropriation ordinance; items
Status: in_force

Sec. 9. An appropriation ordinance must specify, by items, the amount of each appropriation and the department for which it is made.

[Pre-Local Government Recodification Citation: 18-1-3-6 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-9-40-7 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-7
Notice of hearing
Status: in_force

Sec. 7. (a) Notice of a hearing on the preliminary resolution approving construction of the system shall be published in accordance with IC 5-3-1. The notice must state:

(1) that the works board has adopted the preliminary resolution; and

(2) the time and place at which the works board will do the following:

(A) Hear all interested persons.

(B) Decide whether the benefits to the property liable to be assessed for construction of the system will equal the estimated cost of construction of the system.

(b) The works board shall send a notice containing the information required under subsection (a) to the property owner that applied for construction of the system.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-7-15.1-64 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-64
Residential housing development program
Status: in_force

Sec. 64. (a) The commission may establish a residential housing development program by resolution for the construction of new residential housing or the renovation of existing residential housing if the average of new, single family residential houses constructed within the consolidated city during each of the preceding three (3) years is less than one percent (1%) of the total number of single family residential houses located within the consolidated city on January 1 of the year in which the resolution is adopted. The department of local government finance, in cooperation with the appropriate agency of the consolidated city, shall determine whether the consolidated city meets the requirements to establish a program under this subsection.

(b) A residential housing development program, which may include any relevant elements the commission considers appropriate, may be adopted by resolution as part of a redevelopment plan or an amendment to a redevelopment plan and must establish an allocation area for purposes of sections 26 and 35 of this chapter for the accomplishment of the program.

(c) The notice and hearing provisions of sections 10 and 10.5 of this chapter, including notice under section 10(c) of this chapter to a taxing unit that is wholly or partly located within an allocation area, apply to the resolution adopted under subsection (b). Judicial review of the resolution may be made under section 11 of this chapter.

(d) Before formal submission of a residential housing development program to the commission, the department shall:

(1) consult with persons interested in or affected by the proposed program;

(2) provide the affected neighborhood associations, residents, and township assessors with an adequate opportunity to participate in an advisory role in planning, implementing, and evaluating the proposed program; and

(3) hold public meetings in the affected neighborhoods to obtain the views of the affected neighborhood associations and residents.

(e) A residential housing development program established under this section must terminate not later than twenty (20) years after the date the program is established under subsection (a).

(f) The consolidated city may request from the department of local government finance a report, if it exists, describing the effect of current assessed value allocated to the tax increment financing allocation areas on the amount of the tax levy or proceeds and the credit for excessive property taxes under IC 6-1.1-20.6 for the taxing units within the boundaries of the residential housing development program.

As added by P.L.126-2023, SEC.4. Amended by P.L.9-2024, SEC.547.
Ind. Code § 36-7-15.1-39 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-39
Powers and duties of commission; eminent domain
Status: in_force

Sec. 39. (a) A commission has the duties set forth in section 6 of this chapter.

(b) A commission may exercise all the powers set forth in section 7 of this chapter, except that all powers regarding condemnation and eminent domain under this section are vested solely in the legislative body of an excluded city. Eminent domain proceedings under this section are governed by IC 32-24.

As added by P.L.102-1999, SEC.6. Amended by P.L.2-2002, SEC.114.
Ind. Code § 36-7-4-923 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-923
Alternate procedure for expedient disposition of petitions; hearing officers
Status: in_force

Sec. 923. (a) This section allows the establishment of an alternate procedure under which there can be a more expedient disposition of certain matters that otherwise would be heard by a board of zoning appeals. When authorized by ordinance or by rules of the plan commission, a hearing officer has the power of a board of zoning appeals to approve or deny, through the alternate procedure allowed by this section:

(1) a variance from the development standards of the zoning ordinance in accordance with section 918.5 of this chapter; or

(2) a special exception, special use, contingent use, or conditional use from the terms of the zoning ordinance in accordance with section 918.2 of this chapter; or

(3) a variance of use from the terms of the zoning ordinance in accordance with section 918.4 of this chapter. However, the authority of a hearing officer under this subdivision may be exercised only if:

(A) the area planning law is not applicable; and

(B) the variance of use would allow all of the following:

(i) The expansion of a use currently existing on the tract.

(ii) A use that is consistent with the comprehensive plan.

(b) All requirements for variances, exceptions, and uses imposed by the 900 series of this chapter apply to the alternate procedure, except to the extent that a provision of section 924 of this chapter imposes a different requirement.

(c) The alternate procedure does not apply in any excluded city as described in IC 36-3-1-7. Sections 919(f) and 922 of this chapter do not apply to the alternate procedure.

(d) The hearing officer (who may be a board member, a staff member, or any other person) shall be appointed by the plan commission. More than one (1) hearing officer may be appointed. A hearing officer may be removed from the officer's responsibilities at any time by the plan commission.

(e) The plan commission may adopt other rules or recommend ordinances for the alternate procedure not inconsistent with the 900 series of this chapter. These rules or ordinances may specify the period during which the staff may indicate whether the staff objects to the proposed variance, exception, or use. These rules or ordinances may also provide for public notice and due notice to interested parties in accordance with section 920(b), 920(c), and 920(d) of this chapter, but the rules or ordinances may, because of the nature of the petitions heard under the alternate procedure, provide for a less inclusive definition of "interested person" and provide for a quicker and less burdensome method of giving notice to interested persons than rules applicable to petitions not filed under the alternate procedure.

(f) METRO. For purposes of subsection (d), the director of the department of metropolitan development shall nominate, and the plan commission shall appoint, all hearing officers. Such a hearing officer may be removed from the officer's responsibilities at any time by either the director or the plan commission.

(g) METRO. The plan commission may, if requested by a historic preservation commission created under IC 36-7-11.1-3, appoint:

(1) a member of the historic preservation commission;

(2) a member of the historic preservation staff; or

(3) a person who is an employee of the department of metropolitan development;

as a hearing officer to act in a historic area or historic zoning district created under IC 36-7-11.1-6. The hearing officer may be removed from the hearing officer's responsibilities at any time by either the historic preservation commission or the plan commission.

As added by Acts 1982, P.L.212, SEC.8. Amended by P.L.357-1983, SEC.20; P.L.320-1995, SEC.15; P.L.321-1995, SEC.5; P.L.126-2011, SEC.31.
Ind. Code § 36-2-6.5-7 — Indiana Code / Title 36 / Article 2 / Chapter 6.5 / Section 36-2-6.5-7
Conflicting laws
Status: in_force

Sec. 7. Except as otherwise specifically provided by law, to the extent the provisions of this chapter are inconsistent with the provisions of any other general, special, or local law, the provisions of this chapter are controlling, and compliance with this chapter shall be treated as compliance with the conflicting law.

As added by P.L.232-2025, SEC.31.
Ind. Code § 36-7.5-4.5-27 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-27
Local income tax increment fund; deposit of local income tax increment revenue in an account within the fund for each transit development district
Status: in_force

Sec. 27. (a) If a district is established, the treasurer of state shall establish a local income tax increment fund and an account for each district established under this chapter for deposit of local income tax increment revenue for that district.

(b) The funds shall be administered by the treasurer of state. Money in a fund does not revert to the state general fund at the end of a state fiscal year.

(c) The total amount of local income tax (IC 6-3.6) paid by:

(1) employees employed in a district with respect to wages earned for work performed in the district; and

(2) residents living in the district;

shall be deposited in the district's account within the local income tax increment fund. If an individual is a resident of one (1) district and is employed within another district, only the local income tax for the district in which the individual resides shall be deposited into the local income tax increment fund. For each district, the budget agency shall determine and transfer to the appropriate county account under IC 6-3.6-9 an amount equal to the local income tax base period amount for the district.

(d) The budget agency shall determine and transfer any amount of the local income tax increment revenue that will not be disbursed to the development authority or redevelopment commission to the appropriate county account under IC 6-3.6-9.

As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.195.
Ind. Code § 36-8-8-2.5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-2.5
Qualification of 1977 fund under Internal Revenue Code
Status: in_force

Sec. 2.5. (a) As used in this chapter, "Internal Revenue Code":

(1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or

(2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-1-11.

(b) The 1977 fund shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code, as applicable to the 1977 fund. In order to meet those requirements, the 1977 fund is subject to the following provisions, notwithstanding any other provision of this chapter:

(1) The system board shall distribute the corpus and income of the 1977 fund to members and their beneficiaries in accordance with this chapter.

(2) No part of the corpus or income of the 1977 fund may be used or diverted to any purpose other than the exclusive benefit of the members and their beneficiaries.

(3) Forfeitures arising from severance of employment, death, or for any other reason may not be applied to increase the benefits any member would otherwise receive under this chapter.

(4) If the 1977 fund is terminated, or if all contributions to the 1977 fund are completely discontinued, the rights of each affected member to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.

(5) All benefits paid from the 1977 fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the 1977 fund is subject to the following provisions:

(A) The life expectancy of a member, the member's spouse, or the member's beneficiary shall not be recalculated after the initial determination, for purposes of determining benefits.

(B) If a member dies before the distribution of the member's benefits has begun, distributions to beneficiaries must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died.

(C) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of the Internal Revenue Code.

(6) The system board may not:

(A) determine eligibility for benefits;

(B) compute rates of contribution; or

(C) compute benefits of members or beneficiaries;

in a manner that discriminates in favor of members who are considered officers, supervisors, or highly compensated, as prohibited under Section 401(a)(4) of the Internal Revenue Code.

(7) Benefits paid under this chapter may not exceed the maximum benefit specified by Section 415 of the Internal Revenue Code.

(8) The salary taken into account under this chapter may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code.

(9) The trustee may not engage in a transaction prohibited by Section 503(b) of the Internal Revenue Code.

As added by P.L.55-1989, SEC.61. Amended by P.L.35-2012, SEC.114.
Ind. Code § 36-9-25-28 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-28
Deposit and use of funds
Status: in_force

Sec. 28. (a) All proceeds from the sale of bonds under section 27 of this chapter shall be kept as a separate and specific fund to pay the cost of land, rights-of-way, and other property acquired and for construction under the resolution, including all costs and expenses incurred in connection with the project. The proceeds may not be used for any other purpose. The proceeds shall be deposited at interest with the depository or depositories of other public funds of the municipality, and all interest collected on them belongs to the fund. Any surplus of funds remaining out of the proceeds after all expenses are paid shall be paid into and becomes a part of the sanitary district bond fund.

(b) Money derived from sources other than the sale of bonds, such as state or federal reimbursement grants, matching funds, or other contributions, including money derived from a project financed from bond monies, shall be deposited in:

(1) the sanitary district bond fund;

(2) the sanitary maintenance and general expense fund; or

(3) a separate fund established by the board for extensions, additions, and improvements to the sewage works of the district.

The money may be expended as other money is expended by the board.

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

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-5-4-3 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-3
Issuance of warrants
Status: in_force

Sec. 3. (a) The town legislative body or a board of the town may order the issuance of warrants for payment of money by the town only at a meeting of the legislative body or board.

(b) A town officer who violates this section forfeits the town officer's office.

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

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.143.
Ind. Code § 36-7-14-3.7 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-3.7
Transfer of control and jurisdiction over certain development areas; requirements
Status: in_force

Sec. 3.7. (a) As used in this section, "development area" means a redevelopment project area, economic development area, or urban renewal project area established under this chapter.

(b) The jurisdiction and control over a development area established by the redevelopment commission of a first municipality may be transferred from that redevelopment commission to the redevelopment commission of a second, adjacent municipality if:

(1) the owners of one hundred percent (100%) of the real property in the development area consent to the transfer;

(2) the fiscal body of the first municipality and the fiscal body of the second, adjacent municipality:

(A) adopt or have adopted:

(i) substantially similar ordinances; or

(ii) an interlocal agreement;

consenting to the transfer of the jurisdiction and control over the development area; and

(B) agree or have agreed to transfer the geographic territory comprising the development area from the first municipality to the second, adjacent municipality through disannexation, interlocal agreement, or any other legal means;

(3) no tax increment from an allocation area within the development area has been pledged for the payment of bonds or the payment of lease rentals; and

(4) either the first municipality or the second, adjacent municipality has before the date of the transfer completed a reorganization under IC 36-1.5.

(c) If the requirements of subsection (b) are satisfied:

(1) the jurisdiction and control over the development area is transferred without any other action required from the fiscal bodies, the redevelopment commissions, or the plan commissions of the municipalities or from any other state or local entity;

(2) the development area is thereafter part of the territory that is under the jurisdiction and control of the redevelopment commission of the second, adjacent municipality;

(3) the development area or the redevelopment plan may be altered or amended by the second, adjacent municipality and the redevelopment commission of the second, adjacent municipality as otherwise provided in this chapter; and

(4) any property taxes collected within the development area that were payable to the first municipality, to any taxing district of the first municipality, or to the redevelopment commission of the first municipality shall after the transfer be payable to the second, adjacent municipality, to the taxing districts of the second, adjacent municipality, or to the redevelopment commission of the second, adjacent municipality, as appropriate.

(d) If, before January 1, 2013, the redevelopment commission of the first municipality has entered into an agreement to reimburse a person or political subdivision for infrastructure improvements from tax increments from an allocation area within the development area, the obligation to make the reimbursement is transferred to the redevelopment commission of the second, adjacent municipality upon the effective date of the transfer of the jurisdiction and control over the development area.

(e) The authority to transfer the jurisdiction and control over a development area as provided in this section expires December 31, 2013.

As added by P.L.255-2013, SEC.15.
Ind. Code § 36-8-16.7-2 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-2
"Automatic location information"
Status: in_force

Sec. 2. As used in this chapter, "automatic location information" means information that is transmitted while 911 service is provided and that permits emergency service providers to identify the geographic location of the party initiating the communication.

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.16.
Ind. Code § 36-9-3-5 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-5
Management by board; membership
Status: in_force

Sec. 5. (a) An authority is under the control of a board (referred to as "the board" in this chapter) that, except as provided in subsections (b) and (c), consists of:

(1) two (2) members appointed by the executive of each county in the authority;

(2) one (1) member appointed by the executive of the largest municipality in each county in the authority;

(3) one (1) member appointed by the executive of each second class city in a county in the authority; and

(4) one (1) member from any other political subdivision that has public transportation responsibilities in a county in the authority.

(b) An authority that includes the consolidated city is under the control of a board consisting of the following:

(1) Two (2) members appointed by the executive of Marion County.

(2) One (1) member appointed by the board of commissioners of Marion County.

(3) One (1) member appointed by the executive of each other county in the authority.

(4) Two (2) members appointed by the governor from a list of at least five (5) names provided by the Indianapolis regional transportation council.

(5) One (1) member representing the four (4) largest municipalities in the authority located in a county other than Marion County. The member shall be appointed by the executives of the municipalities acting jointly.

(6) One (1) member representing the excluded cities located in Marion County that are members of the authority. The member shall be appointed by the executives of the excluded cities acting jointly.

(7) One (1) member of a labor organization representing employees of the authority who provide public transportation services within the geographic jurisdiction of the authority. The labor organization shall appoint the member.

(c) An authority that includes Lake County is under the control of a board consisting of the following twenty-one (21) members:

(1) Three (3) members appointed by the executive of the city of Gary.

(2) Two (2) members appointed by the executive of the city of Hammond.

(3) One (1) member jointly appointed by the executives of the following municipalities located within Lake County:

(A) The city of Whiting.

(B) The city of East Chicago.

(4) One (1) member who is jointly appointed by the fiscal body of each of the following municipalities located within Lake County:

(A) The town of Griffith.

(B) The town of Highland.

(C) The town of Munster.

(5) One (1) member who is jointly appointed by the fiscal body of the following municipalities located within Lake County:

(A) The town of St. John.

(B) The town of Schererville.

(C) The town of Dyer.

(6) One (1) member who is jointly appointed by the following authorities of municipalities located in Lake County:

(A) The city of Crown Point.

(B) The town of Cedar Lake.

(C) The town of Lowell.

(D) The town of Schneider.

(E) The town of Winfield.

(7) One (1) member appointed by the fiscal body of the town of Merrillville.

(8) One (1) member who is jointly appointed by the following authorities of municipalities that are located within Lake County:

(A) The executive of the city of Hobart.

(B) The executive of the city of Lake Station.

(C) The fiscal body of the town of New Chicago.

(9) Three (3) members appointed by the fiscal body of Lake County.

(10) One (1) member appointed by the county executive of Lake County.

(11) One (1) member of a labor organization representing employees of the authority who provide public transportation services within the geographic jurisdiction of the authority. The labor organization shall appoint the member. If more than one (1) labor organization represents the employees of the authority, each organization shall submit one (1) name to the governor, and the governor shall appoint the member from the list of names submitted by the organizations.

(12) The executive of the city of Valparaiso.

(13) The executive of the city of Portage.

(14) One (1) member of the board of commissioners of Porter County.

(15) One (1) member appointed jointly by the township executive of the township containing the following towns:

(A) Chesterton.

(B) Porter.

(C) Burns Harbor.

(D) Dune Acres.

The member appointed under this subdivision must be a resident of a town listed in this subdivision.

(16) One (1) member appointed jointly by the township executives of the following townships located in Porter County:

(A) Washington Township.

(B) Morgan Township.

(C) Pleasant Township.

(D) Boone Township.

(E) Union Township.

(F) Porter Township.

(G) Jackson Township.

(H) Liberty Township.

(I) Pine Township.

The member appointed under this subdivision must be a resident of a township listed in this subdivision.

If a county or city becomes a member of the authority under section 3.5 of this chapter, the executive of the county or city shall appoint one (1) member to serve on the board.

[Pre-Local Government Recodification Citation: 19-5-2.5-4.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.7; P.L.64-1998, SEC.1; P.L.90-1999, SEC.1; P.L.14-2000, SEC.85; P.L.170-2002, SEC.165; P.L.114-2005, SEC.1; P.L.1-2006, SEC.584; P.L.169-2006, SEC.79; P.L.1-2007, SEC.245; P.L.70-2007, SEC.3; P.L.182-2009(ss), SEC.446; P.L.119-2012, SEC.226; P.L.121-2016, SEC.36; P.L.104-2022, SEC.205.
Ind. Code § 36-7-14-3.1 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-3.1
Electronic meetings
Status: in_force

Sec. 3.1. The commission may conduct meetings electronically as provided in IC 36-7-14.5-9.5.

As added by P.L.55-2016, SEC.1.
Ind. Code § 36-7-4-1608 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1608
Notice
Status: in_force

Sec. 1608. (a) A petitioner for judicial review shall serve a copy of the petition upon the board making the zoning decision in the manner provided by the rules of procedure governing civil actions in the courts. Service on the board must be made to the secretary, president, or chairperson of the board.

(b) The petitioner shall use means provided by the rules of procedure governing civil actions in the courts to give notice of the petition for review:

(1) to all parties to the petition for review, as described in section 1606(d) of this chapter; and

(2) to persons who, in the manner described in section 1606(e) of this chapter, filed with the board making the zoning decision written requests that they receive notice of any petition for review, according to the public records of the board. However, if the public records of the board show that the board received written requests for notice from more than three (3) persons, the petitioner shall give notice only to the first three (3) persons who requested notice according to those records. Notice to any additional persons who requested notice is not required.

(c) This section does not require the petitioner to name as parties to the petition for review the persons who must be given notice under subsection (b)(2).

As added by P.L.126-2011, SEC.55.
Ind. Code § 36-9-41-4 — Indiana Code / Title 36 / Article 9 / Chapter 41 / Section 36-9-41-4
Terms of the note
Status: in_force

Sec. 4. A political subdivision borrowing money under section 3 of this chapter shall execute and deliver to the financial institution the negotiable note of the political subdivision for the sum borrowed. The note must bear interest, with both principal and interest payable in equal or approximately equal installments over a period not exceeding ten (10) years.

As added by P.L.81-2004, SEC.47. Amended by P.L.182-2009(ss), SEC.453; P.L.164-2019, SEC.9.
Ind. Code § 36-7-26-25 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-25
Maximization of use of tax increment financing by city; property tax abatements
Status: in_force

Sec. 25. The board may not approve a resolution under section 16 of this chapter until the board has satisfied itself that the city in which the proposed district will be established has maximized the use of tax increment financing under IC 36-7-14 or IC 36-7-14.5 to finance public improvements within or serving the proposed district. The city may not grant property tax abatements to the taxpayers within the proposed district or a district, except that the board may approve a resolution under section 16 of this chapter in the proposed district or a district in which real property tax abatement not to exceed three (3) years has been granted.

As added by P.L.35-1990, SEC.63. Amended by P.L.146-2008, SEC.769.
Ind. Code § 36-1-3-13 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-13
Local unit regulation of building components, design, and materials; local unit regulation of vehicles and other machines; local unit regulation of home equipment and appliances
Status: in_force

Sec. 13. (a) Unless required under IC 36-7-2-9, a unit does not have the power to do the following:

(1) Require that a particular component, design, or type of material be used in the construction of a building or other structure because of the energy saving or energy producing qualities of the component, design, or material.

(2) Prohibit the use of a particular component, design, or type of material in the construction of a building or other structure because the component, design, or material does not meet a standard for energy saving.

(3) Require that a building or other structure be retrofitted with a particular device or type of material because of the energy saving or energy producing qualities of the device or material.

(4) Adopt an ordinance, order, regulation, resolution, policy, or similar measure that:

(A) prohibits or restricts the purchase or use of vehicles or machines other than vehicles;

(B) distinguishes:

(i) between types of vehicles; or

(ii) between types of machines other than vehicles; or

(C) results in:

(i) differing regulatory standards for different types of vehicles; or

(ii) differing regulatory standards for different types of machines other than vehicles;

based upon the type of energy that powers the vehicle or machine.

(5) Prohibit the sale, installation, or use of any of the following:

(A) Natural gas powered home heating equipment.

(B) Natural gas powered home appliances.

(C) Grills, stoves, and other food preparation appliances designed to be used outdoors.

(D) Natural gas powered:

(i) heating appliances; and

(ii) torches, lamps, and other decorative features;

designed to be used outdoors.

(6) Enact an ordinance, adopt a resolution, or enforce an ordinance or resolution that purports to exercise a power denied by subdivisions (1) through (5).

(b) This section does not apply to requirements included in procurement documents used to procure goods and services, including the construction or design of buildings, to be owned or used by the unit. A unit may adopt bid specifications for a public works project that include energy savings or energy production provisions with respect to the components, design, or materials for the specific project.

As added by P.L.180-2021, SEC.4. Amended by P.L.26-2026, SEC.7.
Ind. Code § 36-4-12-11 — Indiana Code / Title 36 / Article 4 / Chapter 12 / Section 36-4-12-11
Police and fire disciplinary body membership barred
Status: in_force

Sec. 11. The city manager may not serve as a member of any body that hears disciplinary charges against:

(1) the city police chief;

(2) a member of the city police department;

(3) the city fire chief; or

(4) a member of the city fire department.

As added by P.L.10-1997, SEC.32.
Ind. Code § 36-9-27-35 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-35
Submission of classifications and order of work priority of drains to board; notice and hearing on classification and reclassification requests
Status: in_force

Sec. 35. (a) The county surveyor shall submit to the board a written report setting forth the county surveyor's classification of regulated drains in order of priority for action by the board. This report may be made from time to time during the county surveyor's process of classification.

(b) The board may adopt the classifications and order of work priority as made by the county surveyor, or may modify them.

(c) If ten percent (10%) of the owners' request the board to classify or reclassify a drain affecting their land, the board shall, after giving notice to all affected owners, conduct a hearing on the request and adopt a proper classification. The notice shall be given by publication in accordance with IC 5-3-1. Notice shall be given to an attorney of record in the manner provided in section 110 of this chapter.

[Pre-Local Government Recodification Citation: 19-4-1-10 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.75; P.L.127-2017, SEC.334.
Ind. Code § 36-2-9-8 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-8
Duties of clerk of fiscal body
Status: in_force

Sec. 8. The auditor shall perform the duties of clerk of the county fiscal body under IC 36-2-3-6(b).

[Pre-Local Government Recodification Citation: 17-1-24-8 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.227-2005, SEC.15.
Ind. Code § 36-9-25-27 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-27
Construction of sewage works; bond issues
Status: in_force

Sec. 27. (a) To raise money to pay for the property and the construction, and in anticipation of the special tax to be levied as provided in sections 19 and 29 of this chapter, the board may have issued, in the name of the municipality, the bonds of the district. The bonds may not exceed in amount the estimated cost of all land, rights-of-way, and other property to be acquired and the estimated cost of all construction as provided in the resolution, including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the cost of supervision and inspection during the period of construction. The expenses to be covered by the bond issue include all expenses of every kind actually incurred preliminary to acquisition of the property and the construction of the work, such as the cost of necessary records, engineering expenses, publication of notices, salaries, and other expenses.

(b) If different parcels of land are to be acquired, or if more than one (1) contract for work is let by the board at approximately the same time, whether under one (1) or more resolutions of the board, the estimated cost may be combined in one (1) bond issue. The bonds shall be issued in denominations of at least one thousand dollars ($1,000) each and shall have a final maturity of not later than fifty (50) years from the date of issue. The bonds are negotiable unless registered, but may be made registrable for principal only or principal and interest. The bonds may be made redeemable before the stated maturities on terms and conditions and at the premiums that the board determines in the resolution authorizing the issuance of the bonds.

(c) Upon adoption of a resolution ordering bonds, the board shall certify a copy of the resolution to the municipal fiscal officer, who shall then prepare the bonds. The municipal executive shall execute the bonds and the fiscal officer shall attest them. The bonds and interest are exempt from taxation for all purposes, except the financial institutions tax imposed under IC 6-5.5. All bonds issued by the board shall be sold by the fiscal officer to the highest bidder, but not for less than par, after giving notice of the sale by publication in accordance with IC 5-3-1.

(d) The bonds are not a corporate obligation or indebtedness of the municipality, but constitute an indebtedness of the district as a special taxing district. Except as provided in section 29(c) of this chapter, the bonds and interest are payable only out of a special tax levied upon all the property of the district as provided in this chapter. The bonds must recite these terms upon their face, together with the purpose for which they are issued.

(e) The board may sell bonds of the district to run for a period of five (5) years from the date of sale. The five (5) year bonds are exempt from taxation for all purposes except for the financial institutions tax imposed under IC 6-5.5. The board may sell bonds of the district in series for the purpose of refunding at any time the five (5) year bonds. Actions questioning the validity of the bonds issued or to prevent their issue may not be brought after the date set for the sale of the bonds, and all bonds are incontestable for any cause after that date.

(f) The total amount of the bond issue, including bonds already issued and to be issued, may not exceed twelve percent (12%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15. All bonds issued in violation of this subsection are void.

[Pre-Local Government Recodification Citations: subsections (a), (b), (c), (d), (e) formerly 19-2-14-19; subsection (f) formerly 19-2-12-1; 19-2-27-1 part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.71; P.L.27-1986, SEC.5; P.L.21-1990, SEC.57; P.L.80-1997, SEC.20; P.L.254-1997(ss), SEC.34; P.L.6-1997, SEC.223; P.L.2-1998, SEC.86; P.L.2-1998, SEC.87; P.L.79-2017, SEC.86.
Ind. Code § 36-7.7-3-1 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-1
Establishment; members
Status: in_force

Sec. 1. (a) In order to establish a development authority under this article, the fiscal bodies of a combination of any two (2) or more counties or municipalities described in subsection (b) must adopt substantially similar resolutions to adopt a preliminary development plan prepared under section 3 of this chapter for the development authority.

(b) A development authority may be established by any of the following:

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

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

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

(c) If a development authority is established under subsection (a), the development authority shall promptly notify the Indiana economic development corporation of the establishment of the development authority by submitting a copy of the preliminary development plan to the Indiana economic development corporation.

(d) When a county establishes a development authority under subsection (a) with another unit, any municipality in the county does not also become a member of the development authority, unless the fiscal body of the municipality also adopts the preliminary development plan prepared under section 3 of this chapter for the development authority.

(e) A county or municipality may become a member of the development authority under this section only if the county or municipality is not a member of a development authority under IC 36-7.6. If a county or municipality is a member of another development authority established under IC 36-7.6, the county or municipality must withdraw its membership in that development authority before the county's or municipality's adoption of a preliminary development plan under subsection (a). A county or municipality may be a member of only one (1) development authority.

(f) If not already members, Marion County and the city of Indianapolis are required to join the central Indiana regional development authority if sixty percent (60%) or more of the eligible political subdivisions located within the Indianapolis-Carmel-Anderson Metropolitan Statistical Area as defined by the United States Census Bureau become members of the central Indiana regional development authority. If Marion County and the city of Indianapolis are required to become members of the central Indiana regional development authority under this subsection, Marion County and the city of Indianapolis do not incur any financial obligation because of the fact they have become members of the central Indiana regional development authority. Marion County or the city of Indianapolis can incur a financial obligation in relation to the central Indiana regional development authority only by voluntarily entering into an agreement to undertake the financial obligation.

(g) Notwithstanding any other law, any of the following governmental units may immediately withdraw from the development authority to which they belong in order to join the central Indiana regional development authority:

(1) The city of Westfield.

(2) The city of Carmel.

(3) The city of Greenwood.

(4) Marion County.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-6-6-4 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-4
Quorum
Status: in_force

Sec. 4. (a) Except as provided in subsections (b) and (c), two (2) members of the legislative body constitute a quorum.

(b) Three (3) members of the legislative body in a county having a consolidated city constitute a quorum.

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

(1) is created by a merger of township governments under IC 36-6-1.5 (excluding a township that merges under IC 36-6-1.7); and

(2) elects the township legislative body under section 2.1 of this chapter.

A majority of the members of the township legislative body constitute a quorum. If a township legislative body has an even number of members, the township executive shall serve by virtue of office as a member of the township legislative body for the purpose of casting the deciding vote to break a tie.

(d) For townships not described in subsection (c), including a township that merges under IC 36-6-1.7, the township executive shall serve by virtue of office as a member of the township legislative body for the purpose of casting the deciding vote to break a tie. However, the township executive may not vote to break a tie on the adoption of an ordinance to increase the township executive's compensation (as defined in section 10 of this chapter).

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

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.6-1994, SEC.6; P.L.122-2000, SEC.24; P.L.170-2002, SEC.151; P.L.240-2005, SEC.9; P.L.266-2013, SEC.12; P.L.159-2021, SEC.41; P.L.134-2026, SEC.15.
Ind. Code § 36-9-35-1 — Indiana Code / Title 36 / Article 9 / Chapter 35 / Section 36-9-35-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each city in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), in which the legislative body has, by ordinance, established a water department as a municipal utility or a department of waterworks.

As added by P.L.320-1989, SEC.3. Amended by P.L.12-1992, SEC.189; P.L.11-2023, SEC.131.
Ind. Code § 36-6-1.5-11 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-11
Transfer of funds to new township government
Status: reserved

Sec. 11. (a) On the date the formation of a new township government takes effect, all money in the funds of each of the former township governments is transferred to the new township government. The new township government:

(1) shall deposit the money in its funds that most closely correspond to the funds of the former township governments; and

(2) may use the money to pay its operational and capital costs for the balance of the calendar year.

(b) After the date the formation of a new township government takes effect, the new township government is entitled to receive all distributions of taxes and other revenue that would have been made to the former township governments if the merger had not occurred. The new township government shall deposit the money in its funds that correspond most closely to the funds of the former township governments into which the taxes or other revenue would have been deposited if the merger had not occurred.

As added by P.L.240-2005, SEC.3.
Ind. Code § 36-7-18-8 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-8
Commissioners; compensation; expenses
Status: in_force

Sec. 8. A commissioner of a housing authority is entitled to:

(1) a per diem allowance of up to one hundred dollars ($100) for attending a meeting of the authority; and

(2) reimbursement for necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties.

[Pre-Local Government Recodification Citation: 18-7-11-5 part.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.308-1989, SEC.1; P.L.16-2023, SEC.1.
Ind. Code § 36-9-22-2 — Indiana Code / Title 36 / Article 9 / Chapter 22 / Section 36-9-22-2
Terms of contract; power to fix; duration; share of cost; parties bound; waiver of rights
Status: in_force

Sec. 2. (a) The power of the municipal works board to fix the terms of a contract under this section applies to contracts for the installation of sewage works that have not been finally approved or accepted for full maintenance and operation by the municipality on July 1, 1979.

(b) The works board of a municipality may contract with owners of real property for the construction of sewage works within the municipality or within four (4) miles outside its corporate boundaries in order to provide service for the area in which the real property of the owners is located. The contract must provide, for a period of not to exceed fifteen (15) years, for the payment to the owners and their assigns by any owner of real property who:

(1) did not contribute to the original cost of the sewage works; and

(2) subsequently taps into, uses, or deposits sewage or storm waters in the sewage works or any lateral sewers connected to them;

of a fair pro rata share of the cost of the construction of the sewage works, subject to the rules of the board and notwithstanding any other law relating to the functions of local governmental entities. However, the contract does not apply to any owner of real property who is not a party to the contract unless the contract or (after June 30, 2013) a signed memorandum of the contract has been recorded in the office of the recorder of the county in which the real property of the owner is located before the owner taps into or connects to the sewers and facilities. The board may provide that the fair pro rata share of the cost of construction includes interest at a rate not exceeding the amount of interest allowed on judgments, and the interest shall be computed from the date the sewage works are approved until the date payment is made to the municipality.

(c) The contract must include, as part of the consideration running to the municipality, the release of the right of:

(1) the parties to the contract; and

(2) the successors in title of the parties to the contract;

to remonstrate against pending or future annexations by the municipality of the area served by the sewage works. Any person tapping into or connecting to the sewage works contracted for is considered to waive the person's rights to remonstrate against the annexation of the area served by the sewage works.

(d) Notwithstanding subsection (c), the works board of a municipality may waive the provisions of subsection (c) in the contract if:

(1) the works board considers a waiver of subsection (c) to be in the best interests of the municipality; or

(2) the contract involves connection to the sewage works under IC 36-9-22.5.

(e) This subsection does not affect any rights or liabilities accrued, or proceedings begun before July 1, 2013. Those rights, liabilities, and proceedings continue and shall be imposed and enforced under prior law as if this subsection had not been enacted. For contracts executed after June 30, 2013, if the release of the right to remonstrate is not void under subsection (i), (j), or (k), the release is binding on a successor in title to a party to the contract only if the successor in title:

(1) has actual notice of the release; or

(2) has constructive notice of the release because the contract, or a signed memorandum of the contract stating the release, has been recorded in the chain of title of the property.

(f) Subsection (c) does not apply to a landowner if all of the following conditions apply:

(1) The landowner is required to connect to the sewage works because a person other than the landowner has polluted or contaminated the area.

(2) The costs of extension of or connection to the sewage works are paid by a person other than the landowner or the municipality.

(g) Subsection (c) does not apply to a landowner who taps into, connects to, or is required to tap into or connect to the sewage works of a municipality only because the municipality provides wholesale sewage service (as defined in IC 8-1-2-61.7) to another municipality that provides sewage service to the landowner.

(h) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall provide written notice to any successor in title to property within a reasonable time after the deed is recorded, that a waiver of the right of remonstrance exists with respect to the property.

(i) A remonstrance waiver executed on or before July 1, 2003, is void. This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

(j) A remonstrance waiver executed after June 30, 2003, and not later than June 30, 2019, is subject to the following:

(1) The waiver is void unless the waiver was recorded:

(A) before January 1, 2020; and

(B) with the county recorder of the county where the property subject to the waiver is located.

(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.

This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

(k) A remonstrance waiver executed after June 30, 2019, is subject to the following:

(1) The waiver is void unless the waiver is recorded:

(A) not later than thirty (30) business days after the date the waiver was executed; and

(B) with the county recorder of the county where the property subject to the waiver is located.

(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.

This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

[Pre-Local Government Recodification Citation: 19-2-7-16 part.]

As added by Acts 1981, P.L.309, SEC.95. Amended by P.L.172-1995, SEC.5; P.L.251-2013, SEC.4; P.L.243-2013, SEC.3; P.L.228-2015, SEC.23; P.L.18-2018, SEC.1; P.L.150-2019, SEC.1; P.L.257-2019, SEC.162; P.L.156-2020, SEC.148.
Ind. Code § 36-7-31-14.5 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-14.5
Limitation on renewal or extension of existing allocation area; required conditions
Status: in_force

Sec. 14.5. Notwithstanding any other law, if the Indiana economic development corporation subsequently designates territory that is located in an existing allocation area under this chapter as an innovation development district under IC 36-7-32.5, the allocation area may not be renewed or extended under this chapter until the term of the innovation development district expires.

As added by P.L.123-2024, SEC.13.
Ind. Code § 36-9-4-45 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-45
Bonds; terms; tax exemption; procedure
Status: in_force

Sec. 45. (a) Bonds issued under this chapter:

(1) shall be issued in the denomination;

(2) are payable over a period not to exceed thirty (30) years from the date of the bonds; and

(3) mature;

as determined by the ordinance authorizing the bond issue.

(b) All bonds issued under this chapter, the interest on them, and the income from them are exempt from taxation to the extent provided by IC 6-8-5-1.

(c) The provisions of IC 6-1.1-20 relating to:

(1) filing petitions requesting the issuance of bonds and giving notice of those petitions;

(2) giving notice of a hearing on the appropriation of the proceeds of the bonds;

(3) the right of taxpayers to appear and be heard on the proposed appropriation;

(4) the approval of the appropriation by the department of local government finance; and

(5) the right of:

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

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

apply to the issuance of bonds under this chapter.

(d) A suit to question the validity of bonds issued under this chapter or to prevent their issue and sale may not be instituted after the date set for the sale of the bonds, and the bonds are incontestable after that date.

[Pre-Local Government Recodification Citation: 19-5-2-27.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.90-2002, SEC.505; P.L.219-2007, SEC.142; P.L.146-2008, SEC.787.
Ind. Code § 36-2-4-8 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-8
Adoption and effective date of ordinance, order, or resolution; requirements
Status: in_force

Sec. 8. (a) An ordinance, order, or resolution is considered adopted when it is signed by the presiding officer. If required, an adopted ordinance, order, or resolution must be promulgated or published according to statute before it takes effect.

(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published once each week for two (2) consecutive weeks, according to IC 5-3-1:

(1) with each publication of notice in a newspaper in accordance with IC 5-3-1; or

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

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

(B) on the official website of the county.

(c) The following apply in addition to the other requirements of this section:

(1) Subject to subsection (f), the legislative body of a county shall:

(A) subject to subdivision (2), 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

(B) 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.

(2) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subdivision (1)(A).

(3) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subdivision (1).

(4) The failure of an environmental restrictive ordinance to comply with subdivision (3) does not void the ordinance.

(d) This section (other than subsection (c)(1)) does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.

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

(1) be published:

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

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

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

(f) The notice requirements of subsection (c)(1) 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 (c)(1) as part of a risk based remediation proposal:

(1) approved by the department; and

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

[Pre-Local Government Recodification Citations: 17-1-28-3 part; 17-1-28-10 part; 17-2-2.5-8 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.150; P.L.192-1984, SEC.1; P.L.335-1985, SEC.32; P.L.100-2003, SEC.1; P.L.78-2009, SEC.23; P.L.159-2011, SEC.44; P.L.77-2014, SEC.20; P.L.278-2019, SEC.189; P.L.156-2020, SEC.136; P.L.22-2021, SEC.5; P.L.152-2021, SEC.39; P.L.73-2026, SEC.10.
Ind. Code § 36-5-5-8 — Indiana Code / Title 36 / Article 5 / Chapter 5 / Section 36-5-5-8
Duties
Status: in_force

Sec. 8. The manager, under the direction of the town legislative body, is responsible for the administrative duties of the legislative body. Unless a written order or ordinance of the legislative body provides otherwise, the manager:

(1) shall attend the meetings of the legislative body and recommend actions the manager considers advisable;

(2) shall hire town employees according to the pay schedules and standards fixed by the legislative body or by statute;

(3) shall suspend, discharge, remove, or transfer town employees, if necessary for the welfare of the town;

(4) may delegate any of the manager's powers to an employee responsible to the manager;

(5) shall administer and enforce all ordinances, orders, and resolutions of the legislative body;

(6) shall see that all statutes that are required to be administered by the legislative body or a town officer subject to the control of the legislative body are faithfully administered;

(7) shall prepare budget estimates and submit them to the legislative body when required;

(8) shall execute contracts on behalf of the town for materials, supplies, services, or improvements, after the completion of the appropriations, notice, and competitive bidding required by statute; and

(9) may receive service of summons on behalf of the town.

[Pre-Local Government Recodification Citations: 18-3-1.5-4; 18-3-1.5-6.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.150.
Ind. Code § 36-7-37-5 — Indiana Code / Title 36 / Article 7 / Chapter 37 / Section 36-7-37-5
Right to present evidence; right to counsel
Status: in_force

Sec. 5. A party subject to an order issued by the court or hearing authority under this chapter has the following rights, as described in the court's or hearing authority's order under section 4 of this chapter:

(1) The right to present evidence or objections on the issue of abandonment to the court or hearing authority:

(A) in writing before the appearance date specified in the court's or hearing authority's order under section 4(1) of this chapter; or

(B) in writing or by oral testimony on the date and at the time specified in the court's or hearing authority's order under section 4(1) of this chapter;

in the manner specified by the court or hearing authority.

(2) The right to be represented by an attorney when appearing before the court or hearing authority.

As added by P.L.247-2015, SEC.50.
Ind. Code § 36-9-27.2-4 — Indiana Code / Title 36 / Article 9 / Chapter 27.2 / Section 36-9-27.2-4
Department duty
Status: in_force

Sec. 4. (a) The department shall oversee and take all actions necessary for the preparation and publication of an updated version of the Indiana Drainage Handbook.

(b) The department may select a contractor to draft the updated version of the Indiana Drainage Handbook. The contractor selected under this subsection shall be subject to the supervision of the department, and the text developed by the contractor shall be subject to review and comment by the advisory board.

As added by P.L.105-2024, SEC.6.
Ind. Code § 36-8-7.5-17 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-17
Payments to dependent children or mentally incompetent persons; benefits where member dies before payments are made; payments where member is entitled to part salary; reentry into active service
Status: in_force

Sec. 17. (a) If benefits are payable to a dependent child under eighteen (18) years of age or to a person adjudged mentally incompetent, the local board may, when it is to the apparent interest of the dependent child or incompetent person, waive guardianship proceedings and pay the benefit directly to the person providing for and caring for the dependent child, and to the spouse, parent, or blood relative providing for and caring for the incompetent person. The local board may, if it finds it in the best interest of any dependent child, pay any benefits due to the dependent child directly to such child regardless of any other law.

(b) A member is not entitled to receive the benefits of this chapter until the member's payments are paid in full, unless the member has suffered permanent disability or death from any cause while in actual discharge of duties as a police officer. If the member dies before the required payments are made, the surviving spouse or other dependents shall pay any balance due and are then entitled to pension benefits.

(c) Notwithstanding any other provision of this chapter, no disability or retirement benefit of any kind provided for in this chapter may be paid to any member of the police department for any period during which the member receives or is entitled to receive all or any part of the member's salary.

(d) If any member reenters active service in the police department of any municipality after having been pensioned for any reason, the payment of the pension ceases but shall be resumed upon the resignation or discharge of the member.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.33-1989, SEC.127; P.L.1-1990, SEC.366.
Ind. Code § 36-7-30.5-13 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-13
Removal from office
Status: in_force

Sec. 13. A member of a military base development authority may be summarily removed from office at any time by the county executive that appointed the member.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-10-10-29 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-29
Civic center board of managers; creation; duties; organization
Status: in_force

Sec. 29. (a) The city legislative body shall adopt an ordinance creating a city board of nine (9) members to be known as the "Civic Center Board of Managers". The board of managers shall supervise, manage, operate, and maintain:

(1) the convention center and its programs; and

(2) any other public facility owned or leased by the city or by an agency of it.

(b) A person appointed to the board of managers must be at least eighteen (18) years of age and a resident of the county in which the city is located. Five (5) of the managers shall be appointed by the city executive, and four (4) of the managers shall be appointed by the city legislative body. The managers serve for terms of three (3) years.

(c) Notwithstanding subsection (b), initial terms of the managers appointed by the executive are as follows:

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

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

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

(d) Notwithstanding subsection (b), the initial terms of the managers appointed by the city legislative body are as follows:

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

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

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

(e) A manager may be removed for cause by the appointing authority. Vacancies shall be filled by the appointing authority, and any person appointed to fill a vacancy serves for the remainder of the vacated term. The managers may not receive salaries, but shall be reimbursed for any expenses necessarily incurred in the performance of their duties.

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

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-7-15.1-33 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-33
Commission rights, powers, privileges, and immunities
Status: in_force

Sec. 33. All of the rights, powers, privileges, and immunities that may be exercised by the commission in redevelopment project areas may be exercised by the commission in implementing its program for housing including the following:

(1) The special tax levied in accordance with section 16 of this chapter may be used to accomplish the housing program.

(2) Bonds may be issued under this chapter to accomplish the housing 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 housing program for which bonds were previously issued.

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

(4) The tax exemptions set forth in section 25 of this chapter are applicable.

(5) Property taxes may be allocated under section 26 of this chapter.

As added by P.L.193-1988, SEC.9. Amended by P.L.185-2005, SEC.41.
Ind. Code § 36-9-40-17 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-17
Assessment of property on which system is constructed; effect of mistake in name of owner
Status: in_force

Sec. 17. (a) As soon as a contract for construction of a system has been completed, the works board shall have an assessment prepared for the property on which the system is constructed. The property on which the system is constructed is liable for assessment under this chapter.

(b) The assessment must include the following:

(1) The name of the owner of the property on which the system is constructed.

(2) A description of the property, or the key number or parcel number of the property.

(3) The total assessment, if any, against the property.

(c) A mistake in the name of the owner or the description of property does not void the assessment or lien against the property.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-8-12.2-8.1 — Indiana Code / Title 36 / Article 8 / Chapter 12.2 / Section 36-8-12.2-8.1
Establishing hazardous materials response fund; fund administration
Status: in_force

Sec. 8.1. (a) The fiscal body of each city or town that establishes a fire department under IC 36-8-2-3 may, by ordinance or resolution, establish a hazardous materials response fund.

(b) The hazardous materials response fund shall be administered by the unit's fiscal officer, and the expenses of administering the fund shall be paid from money in the fund. Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a particular fiscal year does not revert to the unit's general fund.

As added by P.L.173-2003, SEC.38.
Ind. Code § 36-7-4-610.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-610.5
Proposed changes in zone maps
Status: in_force

Sec. 610.5. This section applies to a proposal, as described in section 602(c) of this chapter, to change the zone maps incorporated by reference into the zoning ordinance. If, not later than one hundred eighty (180) days after adoption of the proposal, the legislative body finds that the proposal was adopted as a result of a person's intentional misrepresentation or omission of material facts, the legislative body may, by a three-fourths (3/4) vote (as described in IC 36-1-8-14), adopt an ordinance to nullify any change in the zone maps that resulted from the misrepresentation or omission. Such an ordinance may be adopted by the legislative body without being referred to the plan commission for consideration and recommendation under sections 604, 605, and 608 of this chapter.

As added by P.L.216-1999, SEC.3. Amended by P.L.125-2001, SEC.5.
Ind. Code § 36-7-15.1-67 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-67
Residential housing development program; determination of excess assessed value
Status: in_force

Sec. 67. (a) This section applies only to a residential housing development program established under section 64 of this chapter.

(b) Notwithstanding section 26(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of the purposes of a residential housing development program established under section 64 of this chapter, "base assessed value" means the net assessed value of all of the property, other than personal property, as finally determined for the assessment date immediately preceding the effective date of the allocation provision, as adjusted under section 26(h) of this chapter.

(c) The allocation fund established under section 26(b) of this chapter for the allocation area for a residential housing development program established under section 64 of this chapter may be used only for purposes related to the accomplishment of the purposes of the residential housing development program, including the following:

(1) The construction of any infrastructure (including streets, roads, and sidewalks) or local public improvements in, serving, or benefiting a residential housing development program.

(2) The acquisition of real property and interests in real property for rehabilitation purposes within the allocation area.

(3) The preparation of real property in anticipation of development of the real property within the allocation area.

(4) To do any of the following:

(A) Pay the principal of and interest on bonds or any other obligations payable from allocated tax proceeds in the allocation area that are incurred by the redevelopment district for the purpose of financing or refinancing the residential housing development program established under section 64 of this chapter for the allocation area.

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

(C) Pay the principal of and interest on bonds payable from allocated tax proceeds in the allocation area and from the special tax levied under section 19 of this chapter.

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

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

(F) Make payments on leases payable from allocated tax proceeds in the allocation area under section 17.1 of this chapter.

(G) Reimburse the taxing unit for expenditures made by the taxing unit for local public improvements (which include buildings, parking facilities, and other items described in section 17(a) of this chapter) that are physically located in or physically connected to the allocation area.

(d) Notwithstanding section 26(b) of this chapter, the commission shall, relative to the allocation fund established under section 26(b) of this chapter for an allocation area for a residential housing development program established under section 64 of this chapter, do the following before June 15 of each year:

(1) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to:

(A) make the distribution required under section 26(b)(2) of this chapter;

(B) make, when due, principal and interest payments on bonds described in section 26(b)(3) of this chapter;

(C) pay the amount necessary for other purposes described in section 26(b)(3) of this chapter; and

(D) reimburse the consolidated city for anticipated expenditures described in subsection (c)(2).

(2) Provide a written notice to the county auditor, the fiscal body of the consolidated city that established the department, the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that is wholly or partly located within the allocation area, and (in an electronic format) the department of local government finance. The notice must:

(A) state the amount, if any, of excess property taxes that the commission has determined may be paid to the respective taxing units in the manner prescribed in section 26(b)(1) of this chapter; or

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

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission.

(e) If the amount of excess assessed value determined by the commission is expected to generate more than two hundred percent (200%) of the amount of allocated tax proceeds:

(1) necessary to make, when due, principal and interest payments on bonds described in section 26(b)(3) of this chapter; plus

(2) the amount necessary for other purposes described in section 26(b)(3) of this chapter;

the commission shall submit to the legislative body of the consolidated city its determination of the excess assessed value that the commission proposes to allocate to the respective taxing units in the manner prescribed in subsection (d)(2). The legislative body of the consolidated city may approve the commission's determination or modify the amount of the excess assessed value that will be allocated to the respective taxing units in the manner prescribed in subsection (d)(2).

(f) An allocation area must terminate on the date the residential housing development program is terminated as set forth in section 64(e) of this chapter.

As added by P.L.126-2023, SEC.7.
Ind. Code § 36-7-5.1-22 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-22
Improvement location permits
Status: in_force

Sec. 22. The joint district zoning ordinance may designate an official or employee of the commission to issue improvement location permits within the jurisdiction of the commission and in conformance with the joint district zoning ordinance.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-7-11.3-48 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-48
Notice of filing of petition; evidence available to commission
Status: in_force

Sec. 48. (a) Notice of:

(1) the filing of a petition with the commission for approval of a proposed use variance; and

(2) the filing of a petition with the development commission for approval of an amendment or the adoption of a zoning ordinance pertaining or applying to primary or secondary property;

is jurisdictional.

(b) Before referral of a matter to the commission, the development commission or other referring body must be satisfied of the following:

(1) That proper notice of the filing of the petition as required by this chapter has been given.

(2) That copies of:

(A) all petitions, exhibits, drawings, pictures, and other documents intended to be offered in support of the proposed new zoning ordinance or amendment to an existing zoning ordinance; and

(B) the contract described by section 50 or 51 of this chapter;

have been made available to the commission without expense to the commission.

(c) If the development commission discovers, upon hearing, substantial departure from, addition to, or modification of materials presented to the commission, the matter shall be remanded to the commission for an additional sixty (60) day period for reconsideration and further recommendation, if any. The commission may, however, take additional evidence that the commission considers necessary for the purpose of making recommendations on the proposed new zoning ordinance or amendment to an existing zoning ordinance.

(d) The development commission or other referring body:

(1) shall thoughtfully consider the recommendations of the commission; and

(2) may overrule or ignore the recommendations only if the recommendations are:

(A) unsupported by substantial evidence; or

(B) contradicted by a clear preponderance of the evidence;

presented before the development commission.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-8-1-10 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-10
"Public way"
Status: in_force

Sec. 10. "Public way" includes highway, street, avenue, boulevard, road, land, or alley.

[Pre-Local Government Recodification Citations: Part new; 18-1-11-7 part.]

As added by Acts 1981, P.L.309, SEC.49.
Ind. Code § 36-7-15.6-11 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-11
Establishment of a district; notice; hearing; remonstrances
Status: in_force

Sec. 11. (a) A commission shall review a recommendation submitted by the board of public works under section 9(e) of this chapter to establish a district within the boundaries of the unit.

(b) If the commission finds that the construction, replacement, repair, maintenance, or improvement of flood control works located within its jurisdiction is necessary for the general welfare, safety, and security of an area and its inhabitants, the commission may adopt a resolution described in subsection (c).

(c) Subject to the approval of the legislative body of the unit that established the commission, the commission may adopt a resolution designating one (1) or more flood control improvement districts as an allocation area for purposes of the allocation and distribution of property taxes.

(d) After adoption of the resolution under subsection (c), the commission shall:

(1) publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1; and

(2) file the following information with each taxing unit that has authority to levy property taxes in the geographic area where the flood control improvement district is located:

(A) A copy of the notice required by subdivision (1).

(B) A statement disclosing the following:

(i) The necessity for providing flood protection for the district, based on the history of floods that have affected the district or can reasonably be anticipated to affect the district.

(ii) The general character of the flood control works that the commission considers necessary to afford proper protection, and the general location and route of the dikes, levees, retaining walls, and other structures that the commission considers necessary as part of those works.

(iii) The estimated economic benefits and costs incurred by the flood control improvement district, as measured by anticipated growth of real property assessed values.

(iv) The anticipated impact on tax revenues of each taxing unit.

The notice must state the general boundaries of the flood control improvement district and must state that written remonstrances may be filed with the commission until the time designated for the hearing. The notice must also name the place, date, and time when the commission will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed allocation area and will determine the public utility and benefit of the proposed allocation area. The commission shall file the information required by subdivision (2) with the officers of the taxing unit who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10) days before the date of the public hearing. All persons affected in any manner by the hearing, including all taxpayers within the taxing district of the commission, shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and orders of the commission affecting the allocation area if the commission gives the notice required by this section.

(e) At the hearing, which may be recessed and reconvened periodically, the commission shall hear all persons interested in the proceedings and shall consider all written remonstrances and objections that have been filed. After considering the evidence presented, the commission shall take final action determining the public utility and benefit of the proposed allocation area confirming, modifying and confirming, or rescinding the resolution. The final action taken by the commission shall be recorded and is final and conclusive, except that an appeal may be taken in the manner prescribed by section 12 of this chapter.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-7-22-11 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-11
Ordinance; economic improvement board
Status: in_force

Sec. 11. An ordinance adopted under section 7 of this chapter must establish an economic improvement board to be appointed by the legislative body. The board must have at least three (3) members, and a majority of the board members must own real property within the district. However, if there is only one (1) property owner within a district formed before March 1, 2010, the legislative body shall appoint one (1) member to the economic improvement board who owns real property within the district and not more than two (2) other members who are not required to own real property within the district. After, February 28, 2010, a district formed under this chapter must have at least one (1) parcel of real property that is not owned by an owner of other parcels of real property in the district.

As added by P.L.195-1988, SEC.1. Amended by P.L.113-2010, SEC.136.
Ind. Code § 36-2-20-6 — Indiana Code / Title 36 / Article 2 / Chapter 20 / Section 36-2-20-6
Acquisitions in violation of chapter
Status: in_force

Sec. 6. A claim by an official or employee for an item that was acquired in violation of this chapter:

(1) may not be approved for payment by the county executive; and

(2) is the personal responsibility of the person who acquired the item.

As added by P.L.252-1993, SEC.5.
Ind. Code § 36-8-15-19 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-19
Operational funding; ad valorem property tax; funding by local income tax distribution in lieu of property tax; election by ordinance; adjustment of property tax limits; reduction of tax of units joining or withdrawing from district
Status: in_force

Sec. 19. (a) This subsection applies to a county that has a population of more than two hundred thousand (200,000) and less than two hundred fifty thousand (250,000). For the purpose of raising money to fund the operation of the district, the county fiscal body may impose, for property taxes first due and payable during each year after the adoption of an ordinance establishing the district, an ad valorem property tax levy on property within the district. The property tax rate for that levy may not exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation.

(b) This subsection applies to a county having a consolidated city. The county fiscal body may elect to fund the operation of the district from part of the certified distribution, if any, that the county is to receive during a particular calendar year under IC 6-3.6-9. To make such an election, the county fiscal body must adopt an ordinance before November 1 of the immediately preceding calendar year. The county fiscal body must specify in the ordinance the amount of the certified distribution that is to be used to fund the operation of the district. If the county fiscal body adopts such an ordinance, it shall immediately send a copy of the ordinance to the county auditor.

(c) Subject to subsections (d), (e), and (f), if an ordinance or resolution is adopted changing the territory covered by the district or the number of public agencies served by the district, the department of local government finance shall, for property taxes first due and payable during the year after the adoption of the ordinance, adjust the maximum permissible ad valorem property tax levy limits of the district and the units participating in the district.

(d) If a unit by ordinance or resolution joins the district or elects to have its public safety agencies served by the district, the department of local government finance shall reduce the maximum permissible ad valorem property tax levy of the unit for property taxes first due and payable during the year after the adoption of the ordinance or resolution. The reduction shall be based on the amount budgeted by the unit for public safety communication services in the year in which the ordinance was adopted. If such an ordinance or resolution is adopted, the district shall refer its proposed budget, ad valorem property tax levy, and property tax rate for the following year to the department of local government finance, which shall review and set the budget, levy, and rate as though the district were covered by IC 6-1.1-18.5-7.

(e) If a unit by ordinance or resolution withdraws from the district or rescinds its election to have its public safety agencies served by the district, the department of local government finance shall reduce the maximum permissible ad valorem property tax levy of the district for property taxes first due and payable during the year after the adoption of the ordinance or resolution. The reduction shall be based on the amounts being levied by the district within that unit. If such an ordinance or resolution is adopted, the unit shall refer its proposed budget, ad valorem property tax levy, and property tax rate for public safety communication services to the department of local government finance, which shall review and set the budget, levy, and rate as though the unit were covered by IC 6-1.1-18.5-7.

(f) The adjustments provided for in subsections (c), (d), and (e) do not apply to a district or unit located in a particular county if the county fiscal body of that county does not impose an ad valorem property tax levy under subsection (a) to fund the operation of the district.

(g) A county that has adopted an ordinance under section 1(3) of this chapter may not impose an ad valorem property tax levy on property within the district to fund the operation or implementation of the district.

As added by P.L.225-1986, SEC.8. Amended by P.L.32-1986, SEC.9; P.L.6-1997, SEC.215; P.L.148-2007, SEC.9; P.L.195-2007, SEC.10; P.L.224-2007, SEC.131; P.L.3-2008, SEC.267; P.L.146-2008, SEC.784; P.L.182-2009(ss), SEC.440; P.L.119-2012, SEC.222; P.L.137-2012, SEC.122; P.L.197-2016, SEC.146; P.L.104-2022, SEC.202.
Ind. Code § 36-7-23-41 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-41
Nonparticipation of director or employer with conflicting interest
Status: in_force

Sec. 41. A disclosure under section 40 of this chapter shall be announced at the first meeting of the board following the disclosure and entered upon the minutes of that meeting. Upon disclosure, the member or employee shall not participate in an action by the board or authority authorizing the transaction. However, an interest described under section 40 of this chapter does not invalidate an action by the board or authority with the participation of the disclosing member before the time when the member became aware of the interest or should reasonably have become aware of the interest.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-8-21.5-2 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-2
"Infrastructure agency"
Status: in_force

Sec. 2. As used in this chapter, "infrastructure agency", with respect to an area in a county, means:

(1) a political subdivision; or

(2) an agency;

responsible for planning for, acquiring, operating, maintaining, or testing one (1) or more severe weather warning sirens in the area.

As added by P.L.89-2008, SEC.1.
Ind. Code § 36-7-40-3.5 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-3.5
Public hearing on proposed economic enhancement district; hearing requirements
Status: in_force

Sec. 3.5. (a) Before an economic enhancement district may be established under this chapter, the clerk of the city-county council shall, in the manner provided by IC 5-3-1, publish notice of a hearing on the proposed economic enhancement district. The clerk of the city-county council shall mail a copy of the notice to each owner of real property within the proposed economic enhancement district. The notice must include the boundaries of the proposed district, a description of the proposed economic enhancement projects, the proposed formula for determining the percentage of the total benefit to be received by each parcel of real property, and the hearing date. The date of the hearing may not be more than sixty (60) days after the date on which the notice is mailed.

(b) At the public hearing under subsection (a), the legislative body shall hear all owners of real property in the proposed district (who appear and request to be heard) upon the questions of:

(1) the sufficiency of the notice;

(2) whether the proposed economic enhancement projects are of public utility and benefit;

(3) whether the formula to be used for the assessment of special benefits is appropriate; and

(4) whether the district contains all, or more or less than all, of the property specially benefitted by the proposed economic enhancement projects.

As added by P.L.169-2024, SEC.2.
Ind. Code § 36-7-10.1-4 — Indiana Code / Title 36 / Article 7 / Chapter 10.1 / Section 36-7-10.1-4
Failure of real property owner to pay bill; methods of collection
Status: in_force

Sec. 4. (a) Except as provided in subsection (b), if the owner of real property fails to pay a bill issued under section 3 of this chapter within the time specified in the ordinance, the department specified in the ordinance shall certify to the county auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the municipality or county.

(b) If the owner of real property fails to pay a bill issued under section 3 of this chapter within the time specified in the ordinance, the municipality or county may bring an action in an appropriate court to collect the amount of the bill, plus any additional costs incurred in the collection, including court costs and reasonable attorney's fees. If the municipality or county obtains a judgment under this subsection, the municipality or county may obtain a lien in the amount of the judgment on any real or personal property of the owner.

As added by P.L.89-1991, SEC.3. Amended by P.L.203-2013, SEC.29.
Ind. Code § 36-10-15-3 — Indiana Code / Title 36 / Article 10 / Chapter 15 / Section 36-10-15-3
Administration of property as public park
Status: in_force

Sec. 3. The real property dedicated by this chapter:

(1) shall be administered, operated, maintained, and developed as a public park in the city; and

(2) shall not be withdrawn from the city as long as the use and possession of the real property by the city is consistent with the dedication and all other provisions of this chapter.

As added by P.L.220-2011, SEC.686.
Ind. Code § 36-1-6-4 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-4
Civil action by municipal corporation; action by court
Status: in_force

Sec. 4. (a) A municipal corporation may bring a civil action as provided in IC 34-28-5-1 if a person:

(1) violates an ordinance regulating or prohibiting a condition or use of property; or

(2) engages in conduct without a license or permit if an ordinance requires a license or permit to engage in the conduct.

(b) A court may take any appropriate action in a proceeding under this section, including any of the following actions:

(1) Issuing an injunction.

(2) Entering a judgment.

(3) Issuing a continuous enforcement order (as defined in IC 36-7-9-2).

(4) Ordering the suspension or revocation of a license.

(5) Ordering an inspection.

(6) Ordering a property vacated.

(7) Ordering a structure demolished.

(8) Imposing a penalty not to exceed an amount set forth in IC 36-1-3-8(a)(10).

(9) Imposing court costs and fees in accordance with IC 33-37-4-2 and IC 33-37-5.

(10) Ordering a defendant to take appropriate action to bring a property into compliance with an ordinance within a specified time.

(11) Ordering a municipal corporation to take appropriate action to bring a property into compliance with an ordinance in accordance with IC 36-1-6-2.

[Pre-Local Government Recodification Citations: 18-1-1.5-5(c); 18-4-2-26 part.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.194-2007, SEC.9; P.L.88-2009, SEC.6.
Ind. Code § 36-2-6-4.5 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-4.5
Claim payments in advance of board allowance
Status: in_force

Sec. 4.5. (a) A county executive may adopt an ordinance allowing money to be disbursed for lawful county purposes under this section.

(b) Notwithstanding IC 5-11-10, with the prior written approval of the board having jurisdiction over the allowance of claims, the county auditor may make claim payments in advance of board allowance for the following kinds of expenses if the county executive has adopted an ordinance under subsection (a):

(1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions.

(2) License or permit fees.

(3) Insurance premiums.

(4) Utility payments or utility connection charges.

(5) General grant programs where advance funding is not prohibited and the contracting party posts sufficient security to cover the amount advanced.

(6) Grants of state funds authorized by statute.

(7) Maintenance or service agreements.

(8) Leases or rental agreements.

(9) Bond or coupon payments.

(10) Payroll.

(11) State or federal taxes.

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

(13) Expenses described in an ordinance.

(c) Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the county auditor.

(d) The county executive or the county board having jurisdiction over the allowance of the claim shall review and allow the claim at its next regular or special meeting following the preapproved payment of the expense.

As added by P.L.89-2001, SEC.6. Amended by P.L.234-2005, SEC.191; P.L.145-2006, SEC.373; P.L.146-2008, SEC.688; P.L.141-2009, SEC.8.
Ind. Code § 36-10-16-8 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-8
"Eligible city"
Status: in_force

Sec. 8. As used in this chapter, "eligible city" refers to a city having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000).

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7-32-9 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-9
"Public facilities"
Status: in_force

Sec. 9. As used in this chapter, subject to the approval of the office under an agreement entered into under section 12 of this chapter, "public facilities" includes the following:

(1) A street, road, bridge, storm water or sanitary sewer, sewage treatment facility, facility designed to reduce, eliminate, or prevent the spread of identified soil or groundwater contamination, drainage system, retention basin, pretreatment facility, waterway, waterline, water storage facility, rail line, electric, gas, telephone or other communications, or any other type of utility line or pipeline, or other similar or related structure or improvement, together with necessary easements for the structure or improvement. Except for rail lines, utility lines, or pipelines, the structures or improvements described in this subdivision must be either owned or used by a public agency, functionally connected to similar or supporting facilities owned or used by a public agency, or designed and dedicated to use by, for the benefit of, or for the protection of the health, welfare, or safety of the public generally, whether or not used by a single business entity. Any road, street, or bridge must be continuously open to public access. A public facility must be located on public property or in a public, utility, or transportation easement or right-of-way.

(2) Land and other assets that are or may become eligible for depreciation for federal income tax purposes for a business incubator located in a certified technology park.

(3) Land and other assets that, if privately owned, would be eligible for depreciation for federal income tax purposes for laboratory facilities, research and development facilities, conference facilities, teleconference facilities, testing facilities, training facilities, or quality control facilities:

(A) that are or that support property whose primary purpose and use is or will be for a high technology activity;

(B) that are owned by a public entity; and

(C) that are located within a certified technology park.

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.4-2005, SEC.142; P.L.145-2025, SEC.8.
Ind. Code § 36-10-3-13 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-13
Superintendent of parks and recreation; appointment; qualifications; incumbents
Status: in_force

Sec. 13. (a) This subsection applies to counties and towns. The board may appoint a superintendent of parks and recreation. The board may not consider political affiliation in the selection of the superintendent.

(b) This subsection applies to cities. If a superintendent of parks and recreation is appointed, the superintendent shall be appointed under IC 36-4-9-2 without considering political affiliation.

(c) If there is more than one (1) superintendent of any park or recreation department involved at the time the creating ordinance is adopted, the board may appoint only one (1) superintendent for the new department.

(d) The superintendent must:

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

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

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

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-27; 19-7-4-29 part; subsection (b) formerly19-7-4-28; subsection (c) formerly 19-7-4-29 part; subsection (d) formerly 19-7-4-30.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.7; P.L.157-1991, SEC.5; P.L.127-2017, SEC.378.
Ind. Code § 36-9-31-11 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-11
Agreements and contracts requested by board; waste disposal development bonds; financing agreements; advancement of bond expenses; exemption from property taxes on facilities; approvals and permits
Status: in_force

Sec. 11. (a) The consolidated city may, upon request of the board:

(1) enter into agreements concerning, and acquire by any lawful means, real property or interests in real and personal property needed for the purposes of this section;

(2) enter into financing agreements to purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve facilities for waste disposal;

(3) lease facilities to users or developers with or without an option to purchase;

(4) sell facilities to users or developers for consideration, which may be paid in installments or otherwise;

(5) make direct loans to users or developers for the cost of acquisition, construction, or installation of facilities, including land, machinery, or equipment, in which event the bonds shall be secured by the pledge of one (1) or more bonds or other secured or unsecured debt obligations of the users or developers;

(6) enter into agreements with users or developers to allow the users or developers to wholly or partially acquire, construct, or modify facilities to be acquired by the city; and

(7) issue waste disposal development bonds under this section to accomplish the purposes of this section and to secure payment of the bonds as provided in this section.

(b) This section does not authorize the financing of facilities for a developer unless any agreement that may exist between a developer and a user is fully disclosed to, and approved by, the board.

(c) The board may, from time to time, enter into negotiations with any one (1) or more persons concerning the terms and conditions of financing facilities. Preliminary expenses in connection with negotiations may be paid from money furnished by the proposed user or developer, or from grant money, or from funds of the board.

(d) The board shall hold a public hearing on the proposed financing of the facilities after giving public notice. Upon findings by the board that the proposed financing will be of benefit to the health or welfare of the consolidated city and that the proposed financing complies with the purposes and provisions of this chapter, the board shall, by resolution, approve the financing, including the form and terms of the financing agreement, the waste disposal development bonds, and the trust indenture, if any. The resolution of the board shall be transmitted by the secretary of the board to the legislative body.

(e) If the legislative body finds that the proposed financing will be of benefit to the health or welfare of the consolidated city and complies with the purposes and provisions of this section, it may adopt an ordinance approving the proposed financing. The ordinance may also authorize the issuance of waste disposal development bonds payable solely from revenues and receipts derived from a financing agreement or from payments made under a guaranty agreement by a developer, user, or any other person. The waste disposal development bonds are not in any respect a general obligation of the consolidated city.

(f) Any financing agreement must provide for payments in an amount not less than an amount sufficient to pay the principal of, premium, if any, and interest on the waste disposal development bonds authorized for the financing of the facilities. The term of any financing agreement may not exceed forty (40) years from the date of any waste disposal development bonds issued under the agreement. However, a financing agreement does not terminate after forty (40) years if a default under it remains uncured, unless the termination is authorized by and according to the terms of the financing agreement. If the consolidated city retains an interest in the facilities, the financing agreement must require the user or developer to pay all costs of maintenance, repair, taxes, assessments, insurance premiums, trustee's fees, and any other expenses relating to the facilities, so that the city will not incur any expenses on account of the facilities that are not covered by the payments provided for in the financing agreement.

(g) The consolidated city may advance all expenses, premiums, and commissions that it considers necessary or advantageous in connection with the issuance.

(h) The consolidated city is exempt from all property taxes on facilities. Developers and users are liable for property taxes on facilities as provided by law. This section does not deny any tax exemption a developer or user may have under other laws because of the nature of the facilities or the user.

(i) The user or developer is responsible for obtaining and maintaining all approvals and permits required for the construction of the facilities under this section.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-7-4-201.2 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-201.2
Required adoption of airport overlay zoning ordinance
Status: in_force

Sec. 201.2. (a) This section applies to a political subdivision with local planning and zoning powers that:

(1) is located within five (5) miles of the end of a runway of a publicly owned, public use airport that is classified as a primary, national, or regional airport by the Federal Aviation Administration, as shown on the airport's Federal Aviation Administration accepted airport master plan or airport layout plan; and

(2) has not adopted an airspace overlay zoning ordinance that complies with the requirements of subsection (c).

(b) Not later than July 1, 2028, the administration of the publicly owned, public use airport must provide the political subdivision with a draft airspace overlay zoning ordinance.

(c) Not later than one (1) year after the political subdivision receives the draft airspace overlay zoning ordinance required under subsection (b), the political subdivision shall adopt an airspace overlay zoning ordinance that:

(1) provides for compatible land use with respect to airport flight activities as specified in Federal Aviation Administration Advisory Circular 150/5190-4B; and

(2) is consistent with the requirements of IC 8-21-10-3 and 14 CFR 77 to address airspace protection.

As added by P.L.26-2026, SEC.8.
Ind. Code § 36-10-11-13 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-13
Lease to governmental entity of property controlled by authority; sublease; term; renewal
Status: in_force

Sec. 13. (a) A governmental entity within the county and the authority may enter into a lease for all or part of a building under the control of the authority. A governmental entity may also sublease the leased premises to other governmental entities within the county.

(b) A lease may be entered into before the actual acquisition of a site and the construction of the building. A lease may not provide for the payment of any lease rental by the lessee until the building is ready for occupancy.

(c) A lease or sublease may not be for a period longer than forty (40) years, but may be renewed for a maximum of forty (40) years. An option to renew may be included in the original lease.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-15.1-66 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-66
Residential housing development program; required findings
Status: in_force

Sec. 66. (a) This section applies only to a residential housing development program established under section 64 of this chapter.

(b) The commission must make the following findings in the resolution adopting a residential housing program under section 64 of this chapter:

(1) The public health and welfare will be benefited by accomplishment of the program.

(2) The accomplishment of the program will be of public utility and benefit, as measured by one (1) or more of the following:

(A) The provision of adequate residential housing.

(B) An increase in the property tax base.

(C) Other similar public benefits.

As added by P.L.126-2023, SEC.6.
Ind. Code § 36-10-9-21 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-21
Borrowing in anticipation of funds
Status: in_force

Sec. 21. (a) In anticipation of funds to be received from any source, the board may borrow money and issue notes for a term not exceeding ten (10) years and at a rate or rates of interest determined by the board. The notes shall be issued in the name of the "capital improvement board of managers of __________ county" and may be secured (either on a parity with or junior and subordinate to any outstanding bonds or notes) by:

(1) the pledge of income and revenues of any capital improvement;

(2) the proceeds of excise taxes; or

(3) any other funds anticipated to be received.

The notes are payable solely from the income, excise taxes, revenues, and anticipated funds.

(b) The financing may be negotiated directly by the board with any bank, insurance company, savings association, or other financial institution licensed to do business in Indiana upon the terms and conditions that are agreed upon, except as specifically provided in this section, and may be consummated without public offering. The notes plus interest are exempt from taxation in Indiana as provided for bonds in IC 6-8-5.

As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.79-1998, SEC.111.
Ind. Code § 36-7-15.6-7 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-7
"Fund"
Status: in_force

Sec. 7. As used in this chapter, "fund" refers to the flood control improvement fund established under section 16 of this chapter.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-4-13-2 — Indiana Code / Title 36 / Article 4 / Chapter 13 / Section 36-4-13-2
Youth adviser not a member
Status: in_force

Sec. 2. An individual appointed under section 1 of this chapter is not a member of the legislative body.

As added by P.L.69-2008, SEC.2.
Ind. Code § 36-3-2-11 — Indiana Code / Title 36 / Article 3 / Chapter 2 / Section 36-3-2-11
Expired
Status: repealed

As added by P.L.19-2000, SEC.2. Amended by P.L.186-2001, SEC.9; P.L.170-2002, SEC.140; P.L.179-2002, SEC.4; P.L.1-2003, SEC.98; P.L.219-2007, SEC.112; P.L.146-2008, SEC.702; P.L.181-2016, SEC.40. Expired 1-1-2020 by P.L.181-2016, SEC.40.
Ind. Code § 36-7-11.2-14 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-14
"Person" defined
Status: in_force

Sec. 14. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, a trust, a governmental body or agency, or other entity, public or private, capable of entering into an enforceable contract.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-1-20 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-20
"Thoroughfare"
Status: in_force

Sec. 20. "Thoroughfare" means a public way or public place that is included in the thoroughfare plan of a unit. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders, and utility lines and mains.

[Pre-Local Government Recodification Citations: 18-7-4-117; 18-7-4-2 part; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.20. Amended by Acts 1981, P.L.310, SEC.4; P.L.220-1986, SEC.1.
Ind. Code § 36-10-14-6 — Indiana Code / Title 36 / Article 10 / Chapter 14 / Section 36-10-14-6
Management of property
Status: in_force

Sec. 6. The board:

(1) has full control of all playgrounds, including the preservation of order on playgrounds; and

(2) may adopt suitable rules and bylaws for the control of playgrounds. The board may enforce the rules by suitable penalties.

[Pre-2006 Education Finance Recodification Citation: 20-26-8-4(b).]

As added by P.L.2-2006, SEC.197.
Ind. Code § 36-7-15.1-22.5 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-22.5
Acquisition through eminent domain; public meeting; notice; resolution and petition; approval by county fiscal body
Status: in_force

Sec. 22.5. (a) Subject to the approval of the county fiscal body, the commission may acquire a parcel of real property by the exercise of eminent domain when the following conditions exist:

(1) The real property meets at least one (1) of the conditions described in IC 32-24-4.5-7(1).

(2) The real property is capable of being developed or rehabilitated to provide affordable housing for low or moderate income families or to provide other development that will benefit or serve low or moderate income families.

(3) The real property suffers from one (1) or more of the conditions listed in IC 36-7-1-3, resulting in a negative impact on the use or value of the neighboring properties or other properties in the community.

(b) The commission or its designated hearing examiner shall conduct a public meeting to determine whether the conditions set forth in subsection (a) exist relative to a parcel of real property. Each person holding a fee or life estate interest of record in the property must be given notice by first class mail of the time and date of the hearing at least ten (10) days before the hearing, and is entitled to present evidence and make arguments at the hearing.

(c) If the commission considers it necessary to acquire real property under this section, it shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a petition in the name of the city on behalf of the department in the circuit or superior court in the county.

(d) Eminent domain proceedings under this section are governed by IC 32-24.

(e) The commission shall use real property acquired under this section for one (1) of the following purposes:

(1) Sale in an urban homestead program under IC 36-7-17 or IC 36-7-17.1.

(2) Sale to a family whose income is at or below the county's median income for families.

(3) Sale or grant to a neighborhood development corporation or other nonprofit corporation, with a condition in the granting clause of the deed requiring the nonprofit organization to lease or sell the property to a family whose income is at or below the county's median income for families or to cause development that will serve or benefit families whose income is at or below the county's median income for families. However, a nonprofit organization is eligible for a sale or grant under this subdivision only if the county fiscal body has determined that the nonprofit organization meets the criteria established under subsection (f).

(4) Any other purpose appropriate under this chapter so long as it will serve or benefit families whose income is at or below the county's median income for families.

(f) The county fiscal body shall establish criteria for determining the eligibility of neighborhood development corporations and other nonprofit corporations for sales and grants of real property under subsection (e)(3). A neighborhood development corporation or other nonprofit corporation may apply to the county fiscal body for a determination concerning the corporation's compliance with the criteria established under this subsection.

(g) A neighborhood development corporation or nonprofit corporation that receives property under this section must agree to rehabilitate or otherwise develop the property in a manner that is similar to and consistent with the use of the other properties in the area served by the corporation.

As added by P.L.193-1988, SEC.5. Amended by P.L.31-1994, SEC.21; P.L.86-1999, SEC.4; P.L.2-2002, SEC.113; P.L.185-2005, SEC.37; P.L.163-2006, SEC.21; P.L.146-2008, SEC.753; P.L.118-2013, SEC.15.
Ind. Code § 36-9-23-28.5 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-28.5
Unclaimed overpayments of sewer fees becoming property of municipality
Status: in_force

Sec. 28.5. (a) This section does not apply to a deposit made under section 28 of this chapter.

(b) IC 32-34-1.5 does not apply to an overpayment described in subsection (d).

(c) As used in this section, "payor" refers to the owner, lessee, or user of property served by the sewage works who has paid for service from the sewage works.

(d) An overpayment of sewer fees that remains unclaimed by a payor for more than seven (7) years after the termination of the service for which the overpayment was made becomes the property of the municipality.

As added by P.L.40-1996, SEC.12. Amended by P.L.2-2002, SEC.124; P.L.141-2021, SEC.25.
Ind. Code § 36-9-6-21 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-21
Private lots and tracts; drainage and fill; expenses
Status: in_force

Sec. 21. (a) The works board may fill or drain, at the owner's expense, any lot or tract within the city, or within four (4) miles from its corporate boundaries if the water on the lot or tract is or may become injurious to the public health and comfort. However, no more than twenty percent (20%) of the value of the lot or tract, as assessed on the tax duplicate, may be expended in filling or draining the lot or tract in any (1) year.

(b) The expenses of the works board under this section are a lien against the lot or tract. This lien may be collected by foreclosure or by placing it on the tax duplicate.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-9-29-26 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-26
Bonds issued and their interest exempt from taxation
Status: in_force

Sec. 26. All bonds issued under this chapter, together with the interest on them, are exempt from taxation.

[Pre-Local Government Recodification Citation: 19-4-18-14 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-8-8-21.5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-21.5
1977 fund members; school resource officer; age limitation; physical and mental examination; training requirement; credit for prior service
Status: in_force

Sec. 21.5. (a) This section applies to a school resource officer that becomes or remains a member of the 1977 fund under section 3(f) or 3(g) of this chapter.

(b) A school resource officer is a member of the 1977 fund if the school resource officer:

(1) meets the age limitation under section 7(a) of this chapter;

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

(3) meets the training requirements under IC 20-26-18.2-1.

(c) Credit for prior service of a school resource officer who becomes a member of the 1977 fund under this section shall be determined under section 18 or 18.1 of this chapter. No service credit beyond that allowed under section 18 or 18.1 of this chapter may be recognized under the 1977 fund.

As added by P.L.135-2024, SEC.13.
Ind. Code § 36-7-4-100 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-100
100 Series—Applicability and rules of construction
Status: in_force

Sec. 100. This series (sections 100 through 199 of this chapter) may be cited as follows: 100 SERIES─APPLICABILITY AND RULES OF CONSTRUCTION.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-8-16.6-3 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-3
"Department"
Status: in_force

Sec. 3. As used in this chapter, "department" refers to the department of state revenue.

As added by P.L.113-2010, SEC.151.
Ind. Code § 36-7.6-1-3 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-3
"Airport authority project"
Status: in_force

Sec. 3. "Airport authority project" means a project that can be financed with the proceeds of bonds issued by an airport authority under IC 8-22-3.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-2-9-7 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-7
Duties of clerk at county executive meetings
Status: in_force

Sec. 7. (a) The auditor shall perform the duties of clerk of the county executive under IC 36-2-2-11.

(b) If the auditor cannot perform the duties of clerk during a meeting of the county executive, and the auditor does not have a deputy or the auditor's deputy cannot attend the meeting, the executive may deputize a person to perform those duties during the meeting.

[Pre-Local Government Recodification Citation: 17-1-14-6 part; 17-3-21-3 part; 17-3-21-11.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.227-2005, SEC.14.
Ind. Code § 36-8-16.6-9 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-9
"Retail transaction"
Status: in_force

Sec. 9. (a) As used in this chapter, "retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.

(b) The term does not include a transaction in which an eligible telecommunications carrier receives Lifeline reimbursement from the universal service fund.

As added by P.L.113-2010, SEC.151. Amended by P.L.36-2016, SEC.2.
Ind. Code § 36-1-5-5 — Indiana Code / Title 36 / Article 1 / Chapter 5 / Section 36-1-5-5
Printed code constitutes presumptive evidence
Status: in_force

Sec. 5. A printed code that has taken effect constitutes presumptive evidence in any legal proceeding:

(1) of the provisions of the code;

(2) of the date of adoption of the code;

(3) that the code has been properly signed, attested, recorded, and approved; and

(4) that any public hearings required have been held, with any notices required given.

[Pre-Local Government Recodification Citation: 18-5-12-3 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-2-11-27 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-27
Payments to county recorder; transaction fees; contracting with payment processing companies authorized
Status: in_force

Sec. 27. (a) A payment to the county recorder for any purpose may be made by any of the following financial instruments that the county recorder authorizes to use:

(1) Cash.

(2) Check.

(3) Bank draft.

(4) Money order.

(5) Bank card or credit card.

(6) Electronic funds transfer.

(7) Any other financial instrument authorized by the county recorder.

(b) If there is a charge to the county recorder for the use of a financial instrument other than a bank card or credit card, the county recorder shall collect a sum equal to the amount of the charge from the person who uses the financial instrument.

(c) The county recorder may contract with a bank card or credit card vendor for acceptance of bank cards or credit cards. A payment made under this chapter does not finally discharge the person's liability, and the person has not paid the liability until the county recorder receives payment or credit from the institution responsible for making the payment or credit. Subject to subsection (e), if there is a vendor transaction card or discount fee, whether billed to the county recorder or charged directly to the county recorder's account, the county recorder shall collect a fee from the person using the bank card or credit card. The fee is a permitted charge under IC 37-2-4-5.

(d) Subject to subsection (e), the county recorder may contract with a payment processing company, which may collect a transaction fee from the person using the bank card or credit card.

(e) The county recorder shall collect and deposit in the appropriate fund an amount not less than the amount the county recorder would collect and deposit if the county recorder received payment by a means other than a bank card or credit card.

(f) Funds described in subsection (c) may be used without appropriation to pay the transaction charge or discount fee charged by the bank or credit card vendor.

As added by P.L.171-2006, SEC.23. Amended by P.L.115-2026, SEC.96.
Ind. Code § 36-9-3-24 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-24
Displacement of employees as a result of new facilities; selection of employees to perform work
Status: in_force

Sec. 24. (a) Whenever the authority proposes to operate or to enter into a contract to operate a new public transportation facility that may result in the displacement of employees or the rearrangement of the working forces of the authority or of a public transportation agency, the authority must give at least ninety (90) days' written notice of the proposed operations to the representatives of the employees affected.

(b) The authority must provide for the selection of forces to perform the work of the new facility on the basis of agreement between the authority and the representatives of the employees affected.

(c) Immediately after receipt of the notice, the representatives of all parties interested in the intended changes shall agree on the date and place of a conference for the purpose of reaching agreements under this section. The conference must begin within ten (10) days after receipt of the notice.

(d) If the parties fail to agree, the matter may be submitted by the authority or by any representative of the employees affected to final and binding arbitration by an impartial arbitrator to be selected by the American Arbitration Association from a current listing of arbitrators of the National Academy of Arbitrators.

[Pre-Local Government Recodification Citation: 19-5-2.5-18 part.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.15.
Ind. Code § 36-2-11-20 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-20
Memorandum of lease or memorandum of contract; recording; effect
Status: in_force

Sec. 20. (a) As used in this section, "contract" means an agreement for a seller to sell real estate to a purchaser that provides for the purchaser to pay the purchase price to the seller in periodic installments, with the seller retaining record title to the real estate and the purchaser acquiring equitable title to the real estate.

(b) As used in this section, "lease" means a lease of real estate by a lessor to a lessee, over a term that is specified in a written lease agreement in consideration of the lessee's promise to pay rent to the lessor as also specified in the written lease agreement.

(c) As used in this section, "lessee" means a tenant that is party to a lease with a lessor.

(d) As used in this section, "lessor" means an owner of real property or buildings or fixtures situated on real property that enters into a lease with a lessee.

(e) As used in this section, "real estate" means:

(1) the real property that is subject to the lease or contract; or

(2) buildings or fixtures situated on the real property that are subject to the lease or contract.

(f) As used in this section, "seller" means an owner of real estate that sells the real estate to a purchaser under a contract.

(g) A memorandum of a lease or a memorandum of contract may be recorded in lieu of the lease or contract itself if the memorandum is executed and acknowledged by the parties and contains:

(1) the names of the parties;

(2) the term of the lease or contract;

(3) any option of the lessee to renew or extend the term of the lease or of the purchaser to renew or extend the term of the contract; and

(4) the specific legal description of the real estate, or a survey or plot plan authorized under subsection (i) showing the location of the real estate.

(h) A memorandum recorded under this section may also contain any other agreement made between the parties in the lease or contract.

(i) A survey or plot plan may be used in lieu of a specific legal description to describe:

(1) any part of a building on the real estate, if the specific legal description of the real property on which the building is located is set forth in the memorandum, survey, or plot plan;

(2) any part of the real estate that is part of a larger tract of land, if the specific legal description of the larger tract is set forth in the memorandum, survey, or plot plan; or

(3) real property of the lessor or seller, if:

(A) its use is restricted by the terms of the lease or contract;

(B) it is located wholly within real property of the lessor or seller; and

(C) the specific legal description of the real property within which it is located is set forth in the memorandum, survey, or plot plan.

(j) As to the provisions contained in a memorandum recorded under this section, recording the memorandum has the same effect as recording the lease or contract itself.

[Pre-Local Government Recodification Citation: 17-3-49-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.83.
Ind. Code § 36-6-1.5-6 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-6
Effective date of merger
Status: in_force

Sec. 6. (a) This subsection does not apply to a merger under IC 36-6-1.7. The merger becomes effective on January 1 of the year following the adoption of the resolution approving the merger of the townships.

(b) An officer elected to represent the merged township government shall be considered to be a resident of the territory comprising the new township government.

As added by P.L.240-2005, SEC.3. Amended by P.L.255-2013, SEC.13; P.L.134-2026, SEC.5.
Ind. Code § 36-10-4-10 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-10
Powers of board extended five miles outside corporate city boundaries
Status: in_force

Sec. 10. In a city that adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981), the powers granted the board by section 9(a) extend five (5) miles outside the corporate boundaries of the city.

[Pre-Local Government Recodification Citation: 19-7-9-5 part.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.14; P.L.3-1990, SEC.140.