Ind. Code § 36-8-7.5-15 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-15
Necessity of application; dismissed member of police department
Status: in_force

Sec. 15. (a) No pension, annuity, or benefit provided by this chapter is payable by the local board except upon written application by the member of the police department, or the surviving spouse or other dependent, upon the forms and with the information required by the local board.

(b) The 1953 fund shall be used to pay an amount equal to the pensions, annuities, and benefits provided by this chapter in the case of retirement after twenty (20) years service, to a member of the police department and to the dependents of a member, if the member is dismissed from service for any reason other than conviction of a felony after having been in actual service for twenty (20) years. If the member is dismissed for conviction of a felony, none of the pensions or other benefits provided for in this chapter are payable to the member, the member's beneficiaries, or the member's dependents.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.127-2017, SEC.257.
Ind. Code § 36-4-3-11.5 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-11.5
Waiver of remonstrance not required
Status: in_force

Sec. 11.5. A landowner in an unincorporated area is not required to grant a municipality a waiver against remonstrance as a condition of connection to a sewer or water service if all of the following conditions apply:

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

(2) A person other than the landowner or the municipality has paid the cost of connection to the service.

As added by P.L.172-1995, SEC.4.
Ind. Code § 36-9-23-17 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-17
Sources of funds
Status: in_force

Sec. 17. (a) This chapter does not authorize a municipality to make any contract or to incur any obligation that is not payable solely from money provided under this chapter.

(b) Money for the costs of the sewage works or any improvement of the works may be provided only:

(1) by the issuance of revenue bonds of the municipality;

(2) from a cumulative fund established by the municipality for that purpose; or

(3) by grant or loan from the federal government or any of its agencies.

(c) A municipality obtaining a loan from the federal government or a federal agency may issue its obligations under this chapter to the federal government or federal agency to evidence its indebtedness. The obligations are not a corporate indebtedness of the municipality, are payable solely from the revenues of the sewage works, and may be made of equal priority or subordinate to any other revenue bonds issued or to be issued under this chapter.

(d) Notwithstanding subsection (b), money to finance the construction of any of the self-liquidating works authorized by this chapter may be obtained from any state or federal agency.

(e) Notwithstanding subsection (b), any industrial cost recovery received by the municipality and required to be paid by industrial users under the terms of a federal grant are not considered revenues under this chapter. The municipal legislative body may use industrial cost recovery grants as provided by the terms of federal grants.

[Pre-Local Government Recodification Citations: 19-2-5-11 part; 19-2-5-12 part; 19-2-5-20 part.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-8-10-16 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-16
Dependent's pension benefit; establishment and operation; maximum monthly pension payable; eligibility
Status: in_force

Sec. 16. (a) The department may establish and operate a dependent's pension benefit for the payment of pensions to dependent parents, surviving spouses, and dependent children under eighteen (18) years of age of former employee beneficiaries. The department may provide these benefits by the creation of a reserve account, by obtaining appropriate insurance coverage, or both. However, the department may not establish or modify a dependent's pension benefit after June 30, 1989, without the approval of the county fiscal body which shall not reduce or diminish any dependent's pension benefits that were in effect on January 1, 1989.

(b) This subsection applies to survivors of employee beneficiaries who:

(1) died before January 1, 1990; and

(2) were covered by a benefit plan established under this section.

The maximum monthly pension payable to dependent parents or surviving spouses may not exceed two hundred dollars ($200) per month during the parent's or the spouse's lifetime if the spouse did not remarry before September 1, 1984. If the surviving spouse remarried before September 1, 1984, benefits ceased on the date of remarriage. The maximum monthly pension payable to dependent children is thirty dollars ($30) per child and ceases with the last payment before attaining eighteen (18) years of age.

(c) This subsection applies to survivors of employee beneficiaries who:

(1) died after December 31, 1989; and

(2) were covered by a benefit plan established under this section.

The monthly pension payable to dependent parents or surviving spouses must be not less than two hundred dollars ($200) for each month during the parent's or the spouse's lifetime. The monthly pension payable to each dependent child must be not less than thirty dollars ($30) for each child and ceases with the last payment before attaining eighteen (18) years of age.

(d) The county fiscal body may by ordinance provide an increase in the monthly pension of survivors of employee beneficiaries who die before January 1, 1990. However, the monthly pension that is provided under this subsection may not exceed the monthly pension that is provided to survivors whose monthly pensions are determined under subsection (c).

(e) In order to be eligible for a benefit under this section, the surviving spouse of an employee beneficiary who dies after August 31, 1984, must have been married to the employee beneficiary at the time of the employee's retirement or death in service.

(f) In addition to, or instead of, a modification of a surviving spouse's monthly pension under this section, a county fiscal body may approve a cost of living payment to a surviving spouse under section 23 of this chapter.

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

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.203-1984, SEC.2; P.L.313-1989, SEC.7; P.L.314-1989, SEC.2; P.L.97-2005, SEC.2; P.L.42-2008, SEC.1.
Ind. Code § 36-4-3-11.4 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-11.4
Signature requirements for annexation involving an economic development project
Status: in_force

Sec. 11.4. (a) This section applies only to an annexation that meets all of the following requirements:

(1) The annexation ordinance is adopted after December 31, 2016.

(2) Notwithstanding the contiguity requirements of section 1.5 of this chapter, at least one-tenth (1/10) of the aggregate external boundaries of the territory sought to be annexed coincides with the boundaries of:

(A) the municipality; and

(B) the site of an economic development project.

(b) As used in this section, "economic development project" means any project developed by the municipality that meets all of the following requirements:

(1) The annexing municipality determines that the project will:

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

(B) attract a major new business enterprise to the municipality; or

(C) retain or expand a significant business enterprise within the municipality.

(2) The project involves expenditures by the annexing municipality for any of the following:

(A) Land acquisition, interests in land, site improvements, infrastructure improvements, buildings, or structures.

(B) Rehabilitation, renovation, and enlargement of buildings and structures.

(C) Machinery, equipment, furnishings, or facilities.

(D) Substance removal or remedial action.

(c) Notwithstanding section 11.3(b) of this chapter, even if a remonstrance has enough signatures to satisfy the requirements of section 11.3(b) of this chapter, the annexation ordinance is not void and may be appealed to the court under section 11 of this chapter, if all of the following requirements are met:

(1) The economic development project site needs the following capital services that the municipality is lawfully able to provide:

(A) water;

(B) sewer;

(C) gas; or

(D) any combination of the capital services described in clauses (A) through (C).

(2) The municipality finds that it is in the municipality's best interest to annex the annexation territory in order to extend, construct, or operate the capital services that are provided to the economic development project site.

(3) Before the date the annexation ordinance is adopted, a taxpayer whose business will occupy the economic development project site has done at least one (1) of the following:

(A) Filed a statement of benefits under IC 6-1.1-12.1 with the designating body for the annexing municipality for a deduction or abatement.

(B) Entered into an agreement with the Indiana economic development corporation for a credit under IC 6-3.1-13.

(d) If the economic development project:

(1) has not commenced within twelve (12) months after the date the annexation ordinance is adopted; or

(2) is not completed within thirty-six (36) months after the date the annexation ordinance is adopted;

the annexation territory is disannexed from the municipality and reverts to the jurisdiction of the unit having jurisdiction before the annexation. For purposes of this subsection, an economic development project is considered to have commenced on the day that the physical erection, installation, alteration, repair, or remodeling of a building or structure commences on the site of the economic development project.

As added by P.L.228-2015, SEC.16. Amended by P.L.1-2025, SEC.237.
Ind. Code § 36-8-26-6 — Indiana Code / Title 36 / Article 8 / Chapter 26 / Section 36-8-26-6
Reports
Status: in_force

Sec. 6. Before November 1, 2023, and before November 1 of every year thereafter, the board shall send a report of its activities to the legislative council. The report must be in an electronic format under IC 5-14-6 and include the following information:

(1) A copy of every interoperability agreement entered into or renewed in the past year.

(2) A list of all:

(A) Part One crimes (based on the reporting methodology of the Federal Bureau of Investigation); and

(B) crimes of violence (as defined in IC 35-31.5-2-79);

committed in the downtown district within the previous five (5) years.

(3) The crime clearance rates for each crime described in subdivision (2).

(4) A list of every major event that took place in the downtown district within the previous year.

(5) The number of times a law enforcement agency made a referral to, or requested assistance from, a social worker or mental health services provider (including a provider who specializes in addiction services).

(6) A completed crime perception survey for the previous year (based on the survey prepared by Downtown Indy, Inc.).

As added by P.L.103-2022, SEC.6. Amended by P.L.85-2026, SEC.29.
Ind. Code § 36-9-13-22.5 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-22.5
Management contract; terms; annual budget; tax levy
Status: in_force

Sec. 22.5. The authority may operate, maintain, and manage all or any part of a government building or system for the benefit of an eligible entity under a management contract entered into for a period of not more than forty (40) years. The management contract may contain any terms agreed to by the authority and the eligible entity, including a covenant of the eligible entity to pay the authority a monthly fee for costs of operation and maintenance of the government building or system pursuant to the annual budget submitted to the governing body by the authority in accordance with the management contract. The annual budget may contain funds for a working balance and funds for a reserve account for nonrecurring general maintenance, improvement, or replacement costs as provided in the management contract. The eligible entity may enter into the contract through adoption of an ordinance, an order, or a resolution of the entity's governing body or, in the case of a city, a resolution of the board that is responsible for the government building or system. No other approvals of the management contract are required. To the extent provision for payment from other available revenues has not been made and subject to the provisions of the management contract for cancellation or termination, the governing body of the eligible entity that executes a management contract shall annually levy a tax sufficient to produce each year the necessary money with which to pay the management fee required by the budget submitted by the authority. These levies may be reviewed by other bodies vested by law with that power to determine that the annual levies are sufficient to raise the amount required to meet the management fee under the contract.

As added by P.L.35-1990, SEC.64.
Ind. Code § 36-1-23-2 — Indiana Code / Title 36 / Article 1 / Chapter 23 / Section 36-1-23-2
Abstention from voting on budget and tax levies
Status: in_force

Sec. 2. A member of the fiscal body of a unit may not participate in a vote on the adoption of the unit's budget and tax levies if the member is:

(1) an employee of a volunteer fire department; or

(2) a volunteer firefighter in a fire department;

that provides fire protection services to the unit under a contract (excluding a mutual aid agreement) or as the unit's fire department.

As added by P.L.184-2015, SEC.13. Amended by P.L.257-2019, SEC.100.
Ind. Code § 36-6-4-17 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-17
Failure to perform duty; liability; compensation; personal use of township funds
Status: in_force

Sec. 17. (a) Except as provided in IC 5-11, an executive who fails to perform a duty imposed by section 3(1), 3(2), 3(3), 3(4), 3(5), 3(7), 3(8), 5, or 14(1) of this chapter is liable to the township in a sum of not more than one hundred dollars ($100), to be recovered in a civil action brought in the name of the township.

(b) An executive is entitled to receive the following:

(1) The executive's salary.

(2) Reimbursement for expenses that are reasonably incurred by the executive for the following:

(A) The operation of the executive's office.

(B) Travel and meals while attending seminars or conferences on township matters.

(C) A sum for mileage as permitted under IC 36-6-8-3(b).

The executive may not make any other personal use of township funds without prior approval by the legislative body of the township.

(c) An executive who fails to perform a duty imposed by section 3(12), 3(13), or 3(14) of this chapter or subsection (b) may be removed from office by an action under IC 5-8-1-35 that is initiated under IC 36-6-4.5.

[Pre-Local Government Recodification Citation: 17-4-6-10.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.34-1992, SEC.3; P.L.24-2022, SEC.5; P.L.58-2023, SEC.32.
Ind. Code § 36-2-5-14 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-14
Nonapplicability of chapter to certain salaries; limitations on appropriations
Status: in_force

Sec. 14. (a) This chapter does not affect the salaries of judges, officers of courts, prosecuting attorneys, deputy prosecuting attorneys, and county sheriffs whose minimum salaries are fixed by statute, but the county fiscal body may make appropriations to pay them more than the minimums fixed by statute subject to subsection (b).

(b) Beginning July 1, 1995, an appropriation made under this section may not exceed five thousand dollars ($5,000) for each judge or full-time prosecuting attorney in any calendar year.

[Pre-Local Government Recodification Citation: 17-1-24-18.1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.279-1995, SEC.21; P.L.280-1995, SEC.23; P.L.2-1996, SEC.289; P.L.209-2019, SEC.11.
Ind. Code § 36-7-15.1-35 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-35
Base assessed value; special fund use for allocation area program; maximum additional credit; resolution; allocation of excess assessed value
Status: in_force

Sec. 35. (a) Notwithstanding section 26(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of a program adopted under section 32 of this chapter, "base assessed value" means, subject to section 26(j) of this chapter, the net assessed value of all of the land 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. However, "base assessed value" does not include the value of real property improvements to the land.

(b) The special fund established under section 26(b) of this chapter for the allocation area for a program adopted under section 32 of this chapter may be used only for purposes related to the accomplishment of the program, including the following:

(1) The construction, rehabilitation, or repair of residential units within the allocation area.

(2) The construction, reconstruction, or repair of infrastructure (such as streets, sidewalks, and sewers) within or serving the allocation area.

(3) The acquisition of real property and interests in real property within the allocation area.

(4) The demolition of real property within the allocation area.

(5) To provide financial assistance to enable individuals and families to purchase or lease residential units within the allocation area. However, financial assistance may be provided only to those individuals and families whose income is at or below the county's median income for individuals and families, respectively.

(6) To provide financial assistance to neighborhood development corporations to permit them to provide financial assistance for the purposes described in subdivision (5).

(7) For property taxes first due and payable before 2009, to provide each taxpayer in the allocation area a credit for property tax replacement as determined under subsections (c) and (d). However, this credit may be provided by the commission only if the city-county legislative body establishes the credit by ordinance adopted in the year before the year in which the credit is provided.

(c) The maximum credit that may be provided under subsection (b)(7) to a taxpayer in a taxing district that contains all or part of an allocation area established for a program adopted under section 32 of this chapter shall be determined as follows:

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

STEP TWO: Divide:

(A) that part of each county's eligible property tax replacement amount (as defined in IC 6-1.1-21-2 (before its repeal)) for that year as determined under IC 6-1.1-21-4(a)(1) (before its repeal) that is attributable to the taxing district; by

(B) the amount determined under STEP ONE.

STEP THREE: Multiply:

(A) the STEP TWO quotient; by

(B) the taxpayer's taxes (as defined in IC 6-1.1-21-2 (before its repeal)) levied in the taxing district allocated to the allocation fund, including the amount that would have been allocated but for the credit.

(d) Except as provided in subsection (g), the commission may determine to grant to taxpayers in an allocation area from its allocation fund a credit under this section, as calculated under subsection (c), by applying one-half (1/2) of the credit to each installment of taxes (as defined in IC 6-1.1-21-2 (before its repeal)) that under IC 6-1.1-22-9 are due and payable in a year. Except as provided in subsection (g), one-half (1/2) of the credit shall be applied to each installment of taxes (as defined in IC 6-1.1-21-2 (before its repeal)). The commission must provide for the credit annually by a resolution and must find in the resolution the following:

(1) That the money to be collected and deposited in the allocation fund, based upon historical collection rates, after granting the credit will equal the amounts payable for contractual obligations from the fund, plus ten percent (10%) of those amounts.

(2) If bonds payable from the fund are outstanding, that there is a debt service reserve for the bonds that at least equals the amount of the credit to be granted.

(3) If bonds of a lessor under section 17.1 of this chapter or under IC 36-1-10 are outstanding and if lease rentals are payable from the fund, that there is a debt service reserve for those bonds that at least equals the amount of the credit to be granted.

If the tax increment is insufficient to grant the credit in full, the commission may grant the credit in part, prorated among all taxpayers.

(e) Notwithstanding section 26(b) of this chapter, the special fund established under section 26(b) of this chapter for the allocation area for a program adopted under section 32 of this chapter may only be used to do one (1) or more of the following:

(1) Accomplish one (1) or more of the actions set forth in section 26(b)(3)(A) through 26(b)(3)(H) of this chapter.

(2) Reimburse the consolidated city for expenditures made by the city in order to accomplish the housing program in that allocation area.

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

(f) Notwithstanding section 26(b) of this chapter, the commission shall, relative to the special fund established under section 26(b) of this chapter for an allocation area for a program adopted under section 32 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, 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 (e)(2).

(2) Provide a written notice to the county auditor, the legislative body of the consolidated city, 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 assessed value that the commission has determined may be allocated 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 that there is no excess assessed value that may be allocated to the respective taxing units in the manner prescribed in section 26(b)(1) of this chapter.

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

(g) This subsection applies to an allocation area only to the extent that the net assessed value of property that is assessed as residential property under the rules of the department of local government finance is not included in the base assessed value. If property tax installments with respect to a homestead (as defined in IC 6-1.1-20.9-1 (before its repeal)) are due in installments established by the department of local government finance under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an allocation area is entitled to an additional credit under subsection (d) for the taxes (as defined in IC 6-1.1-21-2 (before its repeal)) due in installments. The credit shall be applied in the same proportion to each installment of taxes (as defined in IC 6-1.1-21-2 (before its repeal)).

As added by P.L.193-1988, SEC.11. Amended by P.L.2-1989, SEC.38; P.L.192-2002(ss), SEC.182; P.L.1-2004, SEC.66 and P.L.23-2004, SEC.68; P.L.219-2007, SEC.131; P.L.146-2008, SEC.760; P.L.42-2011, SEC.78; P.L.203-2011, SEC.15; P.L.6-2012, SEC.245; P.L.87-2015, SEC.9; P.L.184-2016, SEC.33; P.L.214-2019, SEC.41; P.L.257-2019, SEC.128; P.L.157-2026, SEC.249.
Ind. Code § 36-7.7-3-4 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-4
Comprehensive strategic economic development plan; contents
Status: in_force

Sec. 4. (a) A development authority established under this chapter shall prepare a comprehensive strategic economic development plan to serve as a roadmap to diversify and strengthen the regional economy, establish regional goals and objectives, develop and implement a regional action plan, identify ways to eliminate duplicative government services within the region, and identify investment priorities and funding sources.

(b) The comprehensive development plan must incorporate and comply with the requirements and content for comprehensive economic development strategies under 13 CFR 303.7 and be developed with broad based and diverse community participation, and may contain the following:

(1) An analysis of economic and community development problems and opportunities including incorporation of any relevant material or suggestions from other government sponsored or supported plans.

(2) A background and history of the economic development situation of the region, with a discussion of the economy, including as appropriate, geography, population, labor force, resources, and the environment.

(3) A discussion of community participation in the planning efforts.

(4) Identification of particular strengths or assets that can be leveraged for economic benefit and goals and objectives for taking advantage of those strengths and assets to solve the economic development problems of the region.

(5) A plan of action, including suggested projects, to achieve the goals and objectives.

(6) Performance measures to be used to evaluate whether and to what extent goals and objectives have been or are being met.

(7) Strategies for:

(A) ensuring access to affordable health care;

(B) ensuring access to affordable child care;

(C) establishing workforce pipelines for those exiting recovery and reentry programs;

(D) recreation and entertainment;

(E) coordinating with local businesses to ensure the supply of high technology or high demand job apprenticeships;

(F) leveraging technology to improve delivery of government services;

(G) eliminating duplicative government services within the region;

(H) increasing the supply of affordable homes and other housing;

(I) building connectivity between the business community and local schools;

(J) incentivizing or attracting out-of-state residents and businesses to relocate to the region; and

(K) branding and marketing the region as a means to recruit and retain businesses and people.

(8) Data analyses of other workforce and quality of place measures including, without limitation, detailed information for the most recent three (3) year period for which data is available for the following:

(A) Workforce availability compared to job postings.

(B) Commercial and industrial electricity prices.

(C) Local road and infrastructure spending.

(D) Access to fixed broadband and mobile connectivity meeting Federal Communications Commission standards for businesses and residents.

(E) Total employment in firms that are zero (0) to five (5) years old.

(F) Net job creation in firms that are zero (0) to five (5) years old.

(G) Net job creation in firms that are more than five (5) years old.

(H) Venture capital invested.

(I) Summary of the region's health related metrics including the following:

(i) Adult smoking rate.

(ii) Adult obesity rate.

(iii) Drug related deaths.

(9) The proposed projects and programs to be undertaken or financed by the development authority.

(10) The following information for each project and program included under subdivision (9):

(A) Timeline and budget.

(B) The return on investment.

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

(D) Any projected or expected federal matching funds.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-7-14-1.3 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-1.3
Effect of change of reference from "blighted, deteriorated, or deteriorating area" to "area needing redevelopment"
Status: in_force

Sec. 1.3. (a) After June 30, 2005, a reference in any statute, rule, ordinance, resolution, contract, or other document or record to a blighted, deteriorated, or deteriorating area established under this chapter shall be treated as a reference to an area needing redevelopment (as defined in IC 36-7-1-3).

(b) After June 30, 2005, a reference in any statute, rule, ordinance, resolution, contract, or other document or record to a redevelopment area established under this chapter shall be treated as a reference to a redevelopment project area established under this chapter or IC 36-7-15.1.

As added by P.L.20-2010, SEC.9.
Ind. Code § 36-7-15.1-54 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-54
Repealed
Status: repealed

As added by P.L.102-1999, SEC.21. Repealed by P.L.146-2008, SEC.812.
Ind. Code § 36-9-4-46 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-46
Bonds; special tax levy
Status: in_force

Sec. 46. (a) The board of directors of a public transportation corporation that issues bonds under this chapter shall levy a special tax each year upon all the property within the taxing district of the corporation. The tax shall be levied in such a manner as to meet and pay the principal of the bonds as they mature, together with all accruing interest.

(b) The county treasurer shall collect the tax in the same manner as other taxes are collected. As the treasurer collects the tax, the treasurer shall remit it to the controller of the public transportation corporation.

(c) In determining the amount of the levy, the board of directors shall consider any surplus of accumulated revenue derived from the operation of the urban mass transportation system, above the sum considered necessary to be applied upon or reserved for the payment of the operating and capital expenditures of the system, including expenditures for the replacement of and additions to the property of the system and reserves established for the depreciation of the property of the system. If the board finds that this surplus is sufficient, it may apply all or part of the surplus to the payment of the principal of the bonds, together with the interest on them.

[Pre-Local Government Recodification Citation: 19-5-2-28.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.127-2017, SEC.284.
Ind. Code § 36-7-33-3 — Indiana Code / Title 36 / Article 7 / Chapter 33 / Section 36-7-33-3
"State institution"
Status: in_force

Sec. 3. As used in this chapter, "state institution" has the meaning set forth in IC 12-7-2.1-318.

As added by P.L.89-2004, SEC.1. Amended by P.L.145-2026, SEC.250.
Ind. Code § 36-7-4-102 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-102
"Area planning law" defined
Status: in_force

Sec. 102. The "area planning law" consists of those parts of this chapter that are applicable to area planning. Sections and subsections of this chapter with headings that include "AREA" apply to area planning. In addition, sections and subsections of this chapter without headings apply to area planning as well as advisory planning and metropolitan development.

[Pre-Local Government Recodification Citation: 18-7-4-102.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-3-8-3 — Indiana Code / Title 36 / Article 3 / Chapter 8 / Section 36-3-8-3
Reference to excluded city includes town of Cumberland
Status: in_force

Sec. 3. After December 31, 2026, any reference in:

(1) the Indiana Code;

(2) the Indiana Administrative Code; or

(3) any resolution;

to an excluded city, unless expressly provided otherwise, is considered a reference to the town.

As added by P.L.52-2025, SEC.2.
Ind. Code § 36-9-16-4 — Indiana Code / Title 36 / Article 9 / Chapter 16 / Section 36-9-16-4
Establishment of fund and approval of levy; department of local government finance hearing and action; appeal
Status: in_force

Sec. 4. (a) A cumulative building fund or cumulative capital improvement fund may be established by a resolution that is:

(1) adopted by the unit's legislative body; and

(2) approved by the department of local government finance.

(b) Notice of the proposed levy to provide money for the cumulative building fund or cumulative capital improvement fund shall be given to all taxpayers in the unit before the proposed action is presented to the department of local government finance for approval. Notice shall be given by publication of the proposal in accordance with IC 5-3-1.

(c) If, after the public hearing, the proposed action is submitted for approval to the department of local government finance, the department shall require notice of that submission to be given to the taxing district involved in the manner prescribed by subsection (b).

(d) Fifty (50) or more taxpayers in the taxing district who will be affected by the tax rate may, not later than ten (10) days after the publication of the notice, file with the county auditor a petition setting forth their objections to the proposed levy. The county auditor shall immediately certify the petition to the department of local government finance, which, within a reasonable time, shall fix a date for a hearing on the petition. The hearing shall be held in the county in which the unit is located. Notice of the hearing shall be given to the executive of the unit and to the first ten (10) taxpayers whose names appear upon the petition, by a letter signed by the commissioner or deputy commissioner of the department of local government finance and sent by mail to the executive and the taxpayers at their usual place of residence at least five (5) days before the date fixed for the hearing.

(e) After a hearing upon the proposal, the department of local government finance shall certify its approval, disapproval, or modification of the proposed tax levy to the auditor of the county in which the unit is located.

(f) A:

(1) taxpayer who signed a petition filed under subsection (d); or

(2) unit against which a petition under subsection (d) is filed;

may petition for judicial review of the final determination of the department of local government finance under subsection (a). The petition must be filed in the tax court not more than forty-five (45) days after the department certifies its action under subsection (e).

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

As added by Acts 1981, P.L.309, SEC.89. Amended by Acts 1981, P.L.317, SEC.14; P.L.199-1988, SEC.7; P.L.90-2002, SEC.512; P.L.256-2003, SEC.40.
Ind. Code § 36-8-3.5-0.2 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-0.2
"Commission"
Status: in_force

Sec. 0.2. As used in this chapter, "commission" refers to the merit commission for a merit system established under this chapter.

As added by P.L.207-2023, SEC.3.
Ind. Code § 36-8-8-20 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-20
Special lump sum death benefit in addition to other benefits
Status: in_force

Sec. 20. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 14.1 of this chapter.

(b) Benefits paid under this section are subject to section 2.5 of this chapter.

(c) A special death benefit of one hundred fifty thousand dollars ($150,000) for a fund member who dies in the line of duty before July 1, 2020, and two hundred twenty-five thousand dollars ($225,000) for a fund member who dies in the line of duty after June 30, 2020, shall be paid in a lump sum by the Indiana public retirement system from the special death benefit fund established under IC 5-10-9.8 to the following relative of a fund member who dies in the line of duty:

(1) To the surviving spouse.

(2) If there is no surviving spouse, to the surviving children (to be shared equally).

(3) If there is no surviving spouse and there are no surviving children, to the parent or parents in equal shares.

(d) The benefit provided by this section is in addition to any other benefits provided under this chapter.

As added by P.L.223-1986, SEC.4. Amended by P.L.55-1989, SEC.66; P.L.225-1991, SEC.4; P.L.53-1993, SEC.5; P.L.49-1998, SEC.10; P.L.35-2012, SEC.138; P.L.40-2017, SEC.22; P.L.99-2020, SEC.12.
Ind. Code § 36-9-27-53.5 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-53.5
Review of proposed reconstruction or maintenance project; potential onsite field review
Status: in_force

Sec. 53.5. (a) A county surveyor or board planning to perform a project for the reconstruction or maintenance of a regulated drain under this chapter that:

(1) is subject to regulation under:

(A) IC 14-26-5; or

(B) IC 14-28-1; or

(2) requires an individual permit under Section 404 of the federal Clean Water Act (33 U.S.C. 1344);

shall request a review of the project through a written notification to the division of water of the department of natural resources (referred to as "the division" in this section). The notification may include a request to schedule an onsite field review of the project.

(b) If an onsite field review is requested, not more than fourteen (14) days after it receives the request under subsection (a), the division shall contact the county surveyor or the designee of the county surveyor and the department of environmental management to establish a date, time, and location for the onsite field review.

(c) If an onsite field review is scheduled, it shall be conducted by a team consisting of:

(1) one (1) or more representatives of the county;

(2) one (1) or more representatives of the department of natural resources, including an engineer from the division of water;

(3) one (1) or more representatives of the department of environmental management; and

(4) if applicable, representatives of the local soil and water conservation district.

(d) Not more than thirty (30) calendar days after the completion of a review under this section, the division shall provide the county surveyor with a written summary of the review. The summary must contain the following:

(1) A narrative and map defining the project location.

(2) A description of the proposed work.

(3) A list of conditions that:

(A) the department of natural resources would place on a permit to mitigate any unreasonable or detrimental effects that may occur as a result of the proposed work;

(B) the department of environmental management would place on a certification to comply with Section 401 of the federal Clean Water Act (33 U.S.C. 1341), if it is possible to ensure compliance with Section 401 by placing conditions on the certification; or

(C) both departments referred to in this subdivision would place on a permit or certification.

(e) The department of natural resources may not require or recommend the following as conditions for a permit for a project for the reconstruction or maintenance of a regulated drain:

(1) Deed restrictions in connection with the proposed work.

(2) Conservation easements in connection with the proposed work.

(3) Tree planting or tree retention within the easement of the regulated drain, if:

(A) the project involves construction on only one (1) side of the drain;

(B) vegetation on the opposite overbank will not be disturbed; and

(C) the board agrees to establish a suitably sized vegetated filter strip consisting of grasses and legumes along the side of the drain on which the construction will occur.

(f) For the purposes of subsection (e)(3), a project involves construction on only one (1) side of a regulated drain if the work is limited to the entire area:

(1) below the top of the banks; and

(2) within the drainage easement on one (1) side;

of the stream or open drain.

(g) A county surveyor or board that is aggrieved by the permit conditions disclosed under subsection (d)(3) has the right to enter into further negotiations with the department of natural resources and the department of environmental management in order to obtain a mutually agreeable set of permit conditions.

(h) If the permit conditions disclosed under subsection (d)(3) concerning a project for the reconstruction or maintenance of a regulated drain are acceptable to the county surveyor and board, the conditions:

(1) are binding upon the department of natural resources; and

(2) may not be changed by the department of natural resources.

However, subdivisions (1) and (2) cease to apply to the permit conditions disclosed under subsection (d)(3) concerning a project if an application for a permit for the project is not submitted within two (2) years after the review.

As added by P.L.180-1995, SEC.7. Amended by P.L.2-1996, SEC.295; P.L.6-2014, SEC.4.
Ind. Code § 36-6-6-2.5 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-2.5
Division of townships in county with consolidated city into legislative body districts; recertification of districts; filing with circuit court clerk; time for filing
Status: in_force

Sec. 2.5. (a) This section applies to townships in a county containing a consolidated city.

(b) The legislative body shall adopt a resolution that divides the township into legislative body districts that:

(1) are composed of contiguous territory;

(2) are reasonably compact;

(3) respect, as nearly as reasonably practicable, precinct boundary lines; and

(4) contain, as nearly as reasonably practicable, equal population.

(c) Before a legislative body may adopt a resolution that divides a township into legislative body districts, the secretary of the legislative body shall mail a written notice to the circuit court clerk. This notice must:

(1) state that the legislative body is considering the adoption of a resolution to divide the township into legislative body districts; and

(2) be mailed not later than ten (10) days before the legislative body adopts the resolution.

(d) Except as provided in subsection (e), the legislative body shall make a division into legislative body districts only at times permitted under IC 3-5-10.

(e) If the legislative body determines that a division is not required under subsection (b), the legislative body shall adopt an ordinance recertifying that the districts as drawn comply with this section.

(f) Each time there is a division under subsection (b) or a recertification under subsection (e), the legislative body shall file with the circuit court clerk of the county not later than thirty (30) days after the adoption or recertification occurs a map of the district boundaries:

(1) adopted under subsection (b); or

(2) recertified under subsection (e).

(g) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.

(h) IC 3-5-10 applies to a plan established under this section.

As added by P.L.6-1994, SEC.4. Amended by P.L.318-1995, SEC.1; P.L.122-2000, SEC.23; P.L.170-2002, SEC.149; P.L.230-2005, SEC.89; P.L.271-2013, SEC.53; P.L.169-2022, SEC.19.
Ind. Code § 36-7-4-606 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-606
Procedures for adopting initial or replacement zoning ordinance; area planning and metropolitan development
Status: in_force

Sec. 606. (a) AREA-METRO. This section applies to a proposal, as described in section 602(a) of this chapter, to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps) for a jurisdiction.

(b) AREA-METRO. At the first regular meeting of the legislative body after the plan commission certifies the proposal under section 605 of this chapter, the legislative body shall either:

(1) adopt, reject, or amend the proposal; or

(2) decide to further consider the proposal, in which case the proposal may be scheduled for a further hearing at any regular or special meeting of the legislative body within ninety (90) days after certification. In any event, the legislative body shall vote on the proposal within ninety (90) days after the plan commission certifies the proposal under section 605 of this chapter.

(c) AREA-METRO. If the legislative body proceeds under subsection (b)(1), it shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting. If the legislative body proceeds under subsection (b)(2) to schedule a further hearing, it shall publish a notice of the hearing in accordance with IC 5-3-1, announce the hearing during a meeting, and enter the announcement in its memoranda and minutes. The notice and announcement must state:

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

(2) that it pertains to an original zoning ordinance;

(3) that written objections to the proposal filed with the clerk of the legislative body or with the county auditor at or before the hearing will be heard; and

(4) that the hearing may be continued from time to time as may be found necessary.

(d) AREA-METRO. The recommendation of the plan commission concerning the proposal must be on file in the commission's office for public examination for at least ten (10) days before any hearing scheduled under subsection (b)(2). On completion of the hearing, the legislative body shall consider the proposal.

(e) AREA-METRO. If the legislative body adopts the proposal, the ordinance takes effect as other ordinances of the legislative body.

(f) AREA-METRO. If the legislative body fails to act on the proposal within ninety (90) days after certification, the ordinance takes effect as if it had been adopted (as certified) ninety (90) days after certification.

(g) AREA-METRO. If the legislative body rejects or amends the proposal, it shall be returned to the plan commission for its consideration, with a written statement of the reasons for the rejection or amendment. The commission has forty-five (45) days in which to consider the rejection or amendment and report to the legislative body as follows:

(1) If the commission approves the amendment or fails to act within the forty-five (45) day period, the ordinance stands as passed by the legislative body as of the date of the filing of the commission's report of approval with the legislative body or the end of the forty-five (45) day period.

(2) If the commission disapproves the rejection or amendment, the action of the legislative body on the original rejection or amendment stands only if confirmed by another vote of the legislative body within forty-five (45) days after the commission certifies its disapproval. If the legislative body fails to confirm its action under this subdivision, then the ordinance takes effect in the manner provided in subsection (f).

[Pre-Local Government Recodification Citations: 18-7-2-43; 18-7-2-44; 18-7-4-606; 18-7-4-50; 18-7-4-51; 18-7-5-63 part; 18-7-5-64.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.21; P.L.356-1983, SEC.1; P.L.335-1985, SEC.20; P.L.220-1986, SEC.20; P.L.202-2025, SEC.12.
Ind. Code § 36-8-5-9 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-9
Evidence of member's death
Status: in_force

Sec. 9. Death notices from the department of defense or other satisfactory proof of death are bona fide evidence of a member's death. This evidence constitutes full authority for the local board of a fund to carry out the law regarding deceased police officers and firefighters and their beneficiaries.

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

As added by Acts 1981, P.L.309, SEC.54.
Ind. Code § 36-9-27-20.5 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-20.5
Drain maintenance fund; transfer of jurisdiction over drain to municipality or sanitary district
Status: in_force

Sec. 20.5. (a) A municipal or sanitary district drain maintenance fund is established for each drain:

(1) that is subject to assessments by the board for periodic maintenance and repair; and

(2) jurisdiction over which is transferred by the board to a municipality or sanitary district under section 20 of this chapter.

(b) Except as provided in subsections (c) and (d), on or after the date the board transfers jurisdiction over a drain to the municipality or sanitary district, the county treasurer shall transfer the following to the municipal or sanitary district drain maintenance fund established under this section:

(1) The balance of the maintenance fund established under section 44 of this chapter.

(2) Except as provided in subsection (e), any assessments for periodic maintenance of the drain that:

(A) were imposed before the date on which the board transfers jurisdiction of the drain; and

(B) are collected after the date on which the board transfers jurisdiction of the drain.

(c) Except as provided in subsection (d), if the board transfers jurisdiction over part of a drain to a municipality or sanitary district, the county treasurer shall transfer under subsection (b):

(1) the part of the balance in the maintenance fund established under section 44 of this chapter that bears the same proportion to the balance in the fund that the length of the part of the drain transferred to the municipality or sanitary district bears to the total length of the drain; and

(2) except as provided in subsection (e), the proportion determined under subdivision (1) of any assessments for periodic maintenance of the drain that:

(A) were imposed before the date on which the board transfers jurisdiction of part of the drain; and

(B) are collected after the date on which the board transfers jurisdiction of part of the drain.

(d) The board and a municipality or sanitary district to which jurisdiction over part of a drain is transferred may agree in writing to an apportionment of the maintenance fund and outstanding assessments different from the apportionment under subsection (c) based on disproportionate maintenance requirements between the part of the drain transferred and the part remaining under the jurisdiction of the board. Subject to subsection (e), a county treasurer who receives a written agreement under this subsection shall transfer under subsection (b) the amounts specified in the agreement.

(e) If payment for maintenance work for a drain was made from the general drain improvement fund under section 45 of this chapter, the county treasurer shall transfer all or part of the assessment described in subsection (b)(2) to the general drain improvement fund to reimburse the fund for all or part of the cost of the maintenance work.

(f) The expenses of a municipal or sanitary district drain maintenance fund established by subsection (a) shall be paid from the fund. The municipality or sanitary district to which jurisdiction over a drain is transferred shall deposit money in the fund established for the drain under subsection (a) in accordance with IC 5-13-6. Any interest earned by the fund shall be credited to the fund. Any balance remaining in the fund at the end of a fiscal year shall be carried over in the fund for the following fiscal year.

(g) A municipal or sanitary district drain maintenance fund established under subsection (a) is subject to the use of the municipality or the sanitary district for the necessary or proper repair, maintenance, study, or evaluation of the particular drain or combination of drains for which the fund was established whenever the municipality or sanitary district finds that it is necessary. Except as provided in subsection (h), payment for all the maintenance work for a drain or combination of drains shall be made out of the municipal or sanitary district drain maintenance fund established for the drain or combination of drains under subsection (a).

(h) If the balance of a maintenance fund is not sufficient to pay for all of the maintenance work, the municipality or sanitary district shall pay for any deficiency from the funds used by the municipality or the sanitary district to pay for maintenance work on drains that are not subject to a municipal or sanitary district maintenance fund. A drain maintenance fund shall close upon payment of all money in the fund.

(i) If the amount of funds on deposit in a municipal or sanitary district drain maintenance fund is less than five hundred dollars ($500), the balance of the municipal or sanitary district drain maintenance fund may be transferred to the fund used by the municipality or the sanitary district to pay for maintenance work on drains that are not subject to a municipal or sanitary district maintenance fund, and the drain maintenance fund shall be closed.

As added by P.L.111-2003, SEC.1.
Ind. Code § 36-7-30.2-3 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-3
"District"
Status: in_force

Sec. 3. As used in this chapter, "district" means a military impact zoning district established under IC 36-7-30.3.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-9-23-31 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-31
Fees; nonpayment; delinquency penalty; civil action to recover
Status: repealed

Sec. 31. If fees assessed against real property under this chapter or any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) are not paid within the time fixed by the municipal legislative body, they are delinquent. A penalty of ten percent (10%) of the amount of the fees attaches to the delinquent fees. The amount of the fee, the penalty, and a reasonable attorney's fee may be recovered by the board in a civil action in the name of the municipality.

[Pre-Local Government Recodification Citation: 19-2-5-23 part.]

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.3-1990, SEC.136.
Ind. Code § 36-8-3-20 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-20
Police reserve officers
Status: in_force

Sec. 20. (a) This section applies to counties and towns as well as cities.

(b) A unit shall provide by ordinance the number of police reserve officers that the department may appoint.

(c) Police reserve officers shall be appointed by the same authority that appoints regular members of the department.

(d) Police reserve officers may be designated by another name specified by ordinance.

(e) Police reserve officers may not be members of the regular police department but have all of the same police powers as regular members, except as limited by the rules of the department. Each department may adopt rules to limit the authority of police reserve officers.

(f) To the extent that money is appropriated for a purpose listed in this subsection, police reserve officers may receive any of the following:

(1) A uniform allowance.

(2) Compensation for time lost from other employment because of court appearances.

(3) In the case of county police reserve officers, compensation for lake patrol duties that the county sheriff assigns and approves for compensation.

(g) Police reserve officers are not eligible to participate in any pension program provided for regular members of the department.

(h) A police reserve officer may not be appointed until the officer has completed the training and probationary period specified by rules of the department.

(i) A police reserve officer appointed by the department after June 30, 1993, may not:

(1) make an arrest;

(2) conduct a search or a seizure of a person or property; or

(3) carry a firearm;

unless the police reserve officer successfully completes a pre-basic course under IC 5-2-1-9(f).

(j) A police reserve officer carrying out lake patrol duties under this chapter is immune from liability under IC 34-30-12, notwithstanding the payment of compensation to the officer.

(k) After June 30, 2015, a police reserve officer who has satisfactorily completed pre-basic training and has been appointed to a law enforcement department or agency on either a full-time or part-time basis is not eligible for continued employment unless the police reserve officer satisfactorily completes the mandatory inservice training requirements established by rules adopted by the law enforcement training board (created by IC 5-2-1-3). Inservice training must include training in interacting with persons with mental illness, addictive disorders, intellectual disabilities, autism, developmental disabilities, and Alzheimer's disease or related senile dementia, to be provided by persons approved by the secretary of family and social services and the board. The inservice training must also concern human and sexual trafficking and high risk missing persons (as defined in IC 5-2-17-1). The board may approve courses offered by other public or private training entities, including postsecondary educational institutions, as necessary in order to ensure the availability of an adequate number of inservice training programs. The board may waive a police reserve officer's inservice training requirements if the board determines that the police reserve officer's reason for lacking the required amount of inservice training hours is due to either of the following:

(1) An emergency situation.

(2) The unavailability of courses.

(l) After December 31, 2017, a unit shall:

(1) provide the coverage specified in section 22 of this chapter; and

(2) pay the amounts specified in section 23 of this chapter;

for a police reserve officer who is injured or contracts an illness in the course of or as the result of the performance of duties as a police reserve officer.

(m) A unit may purchase policies of group insurance or establish a plan of self-insurance to meet its obligations under section 22 or 23 of this chapter. The establishment of a self-insurance program under this subsection is subject to the approval of the unit's fiscal body. Expenses incurred for premiums for insurance or for other charges or expenses under sections 22 and 23 of this chapter shall be paid out of the unit's general fund in the same manner as other expenses of the unit are paid.

[Pre-Local Government Recodification Citations: 19-1-17.5-1; 19-1-17.5-2; 19-1-17.5-3.]

As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.30-1992, SEC.6; P.L.72-1992, SEC.3; P.L.57-1995, SEC.10; P.L.1-1998, SEC.212; P.L.100-2015, SEC.2; P.L.180-2017, SEC.4; P.L.173-2023, SEC.5.
Ind. Code § 36-9-27.2-6 — Indiana Code / Title 36 / Article 9 / Chapter 27.2 / Section 36-9-27.2-6
Official action of the advisory board
Status: in_force

Sec. 6. (a) The advisory board may not take official action or make official recommendations on:

(1) general drainage policies;

(2) the text of drafts of the updated version of the Indiana Drainage Handbook; or

(3) the structure of the updated version of the Indiana Drainage Handbook.

(b) Advice and comments provided by the advisory board are not binding on the department or the contractor selected under section 4 of this chapter.

As added by P.L.105-2024, SEC.6.
Ind. Code § 36-10-4-22 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-22
Authority concerning rivers, streams, and waterways
Status: in_force

Sec. 22. (a) This section applies only to the parts of rivers, streams, and waterways that are within or bordering park land and boulevards under the control of the board.

(b) The board may:

(1) keep open rivers, streams, and waterways and prevent the deposit of unsightly or obnoxious materials in or along them;

(2) take over, improve, control, and provide for the protection of the banks of rivers, streams, and waterways, including building levees and taking over levees already built;

(3) control the flow of water;

(4) make rules and regulations concerning rivers, streams, and waterways and their banks as is necessary for these purposes;

(5) dam or change the course of a river, stream, or waterway to provide water for sprinkling, boating, or other purposes;

(6) provide pools or artificial lakes in parks; and

(7) construct bridges and viaducts over or tunnels under rivers, watercourses, or railroads.

(c) The board may also require the owners of real property abutting along and upon rivers, streams, and waterways to remove unsightly or obnoxious materials, filth, and unhealthy and unsanitary substances in or along them. Five (5) days' written notice shall be given to the owners that states the materials, filth, or substances to be removed. If a property owner fails to comply with the notice the board may remove the materials, filth, or substances. The expense of removal shall be certified by the board to the county treasurer and shall be collected by the treasurer in the same manner as assessments by the board for the improvement of boulevards are collected under this chapter and other statutes, including the sale of the property by the treasurer to pay delinquent expenses.

[Pre-Local Government Recodification Citation: 19-7-30-16.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-2-1-1 — Indiana Code / Title 36 / Article 2 / Chapter 1 / Section 36-2-1-1
Names of counties
Status: in_force

Sec. 1. Indiana is divided into the ninety-two (92) counties named in this section. The boundaries of these counties existing on August 31, 1981, remain in effect until changed in the manner prescribed by section 2 of this chapter. The counties are:

(1) Adams County.

(2) Allen County.

(3) Bartholomew County.

(4) Benton County.

(5) Blackford County.

(6) Boone County.

(7) Brown County.

(8) Carroll County.

(9) Cass County.

(10) Clark County.

(11) Clay County.

(12) Clinton County.

(13) Crawford County.

(14) Daviess County.

(15) Dearborn County.

(16) Decatur County.

(17) Dekalb County.

(18) Delaware County.

(19) Dubois County.

(20) Elkhart County.

(21) Fayette County.

(22) Floyd County.

(23) Fountain County.

(24) Franklin County.

(25) Fulton County.

(26) Gibson County.

(27) Grant County.

(28) Greene County.

(29) Hamilton County.

(30) Hancock County.

(31) Harrison County.

(32) Hendricks County.

(33) Henry County.

(34) Howard County.

(35) Huntington County.

(36) Jackson County.

(37) Jasper County.

(38) Jay County.

(39) Jefferson County.

(40) Jennings County.

(41) Johnson County.

(42) Knox County.

(43) Kosciusko County.

(44) LaGrange County.

(45) Lake County.

(46) LaPorte County.

(47) Lawrence County.

(48) Madison County.

(49) Marion County.

(50) Marshall County.

(51) Martin County.

(52) Miami County.

(53) Monroe County.

(54) Montgomery County.

(55) Morgan County.

(56) Newton County.

(57) Noble County.

(58) Ohio County.

(59) Orange County.

(60) Owen County.

(61) Parke County.

(62) Perry County.

(63) Pike County.

(64) Porter County.

(65) Posey County.

(66) Pulaski County.

(67) Putnam County.

(68) Randolph County.

(69) Ripley County.

(70) Rush County.

(71) St. Joseph County.

(72) Scott County.

(73) Shelby County.

(74) Spencer County.

(75) Starke County.

(76) Steuben County.

(77) Sullivan County.

(78) Switzerland County.

(79) Tippecanoe County.

(80) Tipton County.

(81) Union County.

(82) Vanderburgh County.

(83) Vermillion County.

(84) Vigo County.

(85) Wabash County.

(86) Warren County.

(87) Warrick County.

(88) Washington County.

(89) Wayne County.

(90) Wells County.

(91) White County.

(92) Whitley County.

[Pre-Local Government Recodification Citations: 17-1-1; 17-1-2-1; 17-1-3-1; 17-1-4-1; 17-1-4-2; 17-1-5-1; 17-1-6-1; 17-1-6-2; 17-1-6-3; 17-1-7-1; 17-1-9-1; 17-1-9-2.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-9-38-13 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-13
Notice of hearing on establishment of district
Status: in_force

Sec. 13. (a) Upon the filing of a petition under section 7 of this chapter, the municipal works board shall fix a date for a hearing on the establishment of the proposed improvement district. At least twenty-one (21) days before the date fixed for the hearing, the petitioners shall have a notice mailed to all owners of real property within the proposed improvement district. The notice may be mailed to the owners of real property at the owners' addresses appearing upon the tax duplicates in the records of the county auditor.

(b) The petitioners shall publish a notice of the hearing and the date, place, and time of the hearing in accordance with IC 5-3-1.

(c) The notice to be published and mailed must do the following:

(1) Contain a general description of the contents of the petition.

(2) Specifically set forth the boundaries of the proposed district.

(3) State that all of the property in the proposed district will be assessed benefits or damages under this chapter for the proposed improvement.

(4) State that at the hearing all owners of real property within the proposed improvement district or the owners' representatives may be heard upon the question of the establishment of the district.

(d) Proof of service shall be made by affidavit of the person or persons causing service to be made.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-9-31-20 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-20
Limitation of actions; contesting bonds
Status: in_force

Sec. 20. An action to contest the validity of the bonds or to prevent their issuance must be brought within thirty (30) days following the adoption of the ordinance or resolution authorizing the bonds.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-7-19-2 — Indiana Code / Title 36 / Article 7 / Chapter 19 / Section 36-7-19-2
Aid by political subdivisions; authorization
Status: in_force

Sec. 2. A political subdivision may spend public money for and give other aid to a housing authority that operates within the jurisdiction of the political subdivision.

[Pre-Local Government Recodification Citation: 18-7-12-2 part.]

As added by Acts 1981, P.L.309, SEC.38.
Ind. Code § 36-10-9.5-8 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-8
Treasurer; controller; duties; board of accounts audits
Status: in_force

Sec. 8. (a) The treasurer of the board is the official custodian of all funds and assets of the board and is responsible for their safeguarding and accounting. The treasurer shall give bond for the faithful performance and discharge of all duties required of the treasurer by law in the amount and with surety and other conditions that may be prescribed and approved by the board. All funds and assets in the capital improvement fund and the capital improvement bond fund created by this chapter and all other funds, assets, and tax revenues held, collected, or received by the treasurer of the applicable county for the use of the board shall be promptly remitted and paid over by the applicable county treasurer to the treasurer of the board, who shall issue receipts for them.

(b) The treasurer of the board shall deposit all funds coming into the treasurer's hands as required by this chapter, and in accordance with IC 5-13. Money so deposited may be invested and reinvested by the treasurer in accordance with general statutes relating to the investment of public funds and in securities that the board specifically directs. All interest and other income earned on investments becomes a part of the particular fund from which the money was invested, except as provided in a resolution, ordinance, or trust agreement providing for the issuance of bonds or notes. All funds invested in deposit accounts as provided in IC 5-13-9 must be insured under IC 5-13-12.

(c) The board shall appoint a controller to act as the auditor and assistant treasurer of the board. The controller shall serve as the official custodian of all books of account and other financial records of the board and has the same powers and duties as the treasurer of the board or the lesser powers and duties that the board prescribes. The controller and any other employee or member of the board authorized to receive, collect, or expend money shall give bond for the faithful performance and discharge of all duties required of the controller in the amount and with surety and other conditions that may be prescribed and approved by the board. The controller shall keep an accurate account of all money due the board and of all money received, invested, and disbursed in accordance with generally recognized governmental accounting principles and procedure. All accounting forms and records shall be prescribed or approved by the state board of accounts.

(d) The controller shall issue all warrants for the payment of money from the funds of the board in accordance with procedures prescribed by the board but a warrant may not be issued for the payment of a claim until an itemized and verified statement of the claim has been filed with the controller, who may require evidence that all amounts claimed are justly due. All warrants shall be countersigned by the treasurer of the board or by the executive manager. Warrants may be executed with facsimile signatures.

(e) If there are bonds or notes outstanding issued under this chapter, the controller shall deposit with the paying agent or other paying officer within a reasonable period before the date that any principal or interest becomes due sufficient money for the payment of the principal and interest on the due dates. The controller shall make the deposit with money from the sources provided in this chapter, and shall make the deposit in an amount that, together with other money available for the payment of the principal and interest, is sufficient to make the payment. In addition, the controller shall make other deposits for the bonds and notes as is required by this chapter or by the resolutions, ordinances, or trust agreements under which the bonds or notes are issued.

(f) The controller shall submit to the board at least annually a report of the board's accounts exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and receipts were derived and the purpose and manner in which they were disbursed. The board may require that the report be prepared by an independent certified public accountant designated by the board. The state board of accounts shall audit the accounts, books, and records of the board and prepare a financial report and a compliance audit report. The handling and expenditure of funds is subject to supervision by the state board of accounts.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-10-9-6 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-6
County board of managers; powers and duties as capital improvement board of managers
Status: in_force

Sec. 6. The board may, acting under the title "capital improvement board of managers of __________ County", do the following:

(1) Acquire by grant, purchase, gift, devise, lease, condemnation, or otherwise, and hold, use, sell, lease, or dispose of, real and personal property and all property rights and interests necessary or convenient for the exercise of its powers under this chapter.

(2) Construct, reconstruct, repair, remodel, enlarge, extend, or add to any capital improvement built or acquired by the board under this chapter.

(3) Control and operate a capital improvement, including letting concessions and leasing all or part of the capital improvement.

(4) Fix charges and establish rules governing the use of a capital improvement.

(5) Accept gifts or contributions from individuals, corporations, limited liability companies, partnerships, associations, trusts, or political subdivisions, foundations, and funds, loans, or advances on the terms that the board considers necessary or desirable from the United States, the state, and any political subdivision or department of either, including entering into and carrying out contracts and agreements in connection with this subdivision.

(6) Exercise within and in the name of the county the power of eminent domain under general statutes governing the exercise of the power for a public purpose.

(7) Receive and collect money due for the use or leasing of a capital improvement and from concessions and other contracts, and expend the money for proper purposes.

(8) Receive excise taxes, income taxes, and ad valorem property taxes and expend the money for operating expenses, payments of principal or interest of bonds or notes issued under this chapter, and for all or part of the cost of a capital improvement.

(9) Retain the services of architects, engineers, accountants, attorneys, and consultants and hire employees upon terms and conditions established by the board, so long as any employees or members of the board authorized to receive, collect, and expend money are covered by a fidelity bond, the amount of which shall be fixed by the board. Funds may not be disbursed by an employee or member of the board without prior specific approval by the board.

(10) Provide coverage for its employees under IC 22-3 and IC 22-4.

(11) Purchase public liability and other insurance considered desirable.

(12) Subject to section 6.5 of this chapter, make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including the enforcement of them.

(13) Sue and be sued in the name and style of "capital improvement board of managers of ___________ County" (including the name of the county), service of process being had by leaving a copy at the board's office.

(14) Prepare and publish descriptive material and literature relating to the facilities and advantages of a capital improvement and do all other acts that the board considers necessary to promote and publicize the capital improvement, including the convention and visitor industry, and serve the commercial, industrial, and cultural interests of Indiana and its citizens. The board may assist, cooperate, and fund governmental, public, and private agencies and groups for these purposes.

(15) Enter into leases of capital improvements and sell or lease property under IC 5-1-17 or IC 36-10-9.1.

As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.82-1985, SEC.10; P.L.8-1993, SEC.520; P.L.255-1997(ss), SEC.21; P.L.214-2005, SEC.75; P.L.109-2019, SEC.18.
Ind. Code § 36-7-9-15 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-15
Transfer of money to unsafe building fund
Status: in_force

Sec. 15. The board or commission having control over the department may transfer all or part of the money in a building, demolition, repair, and contingent fund that was established by IC 18-5-5-7 (before its repeal on September 1, 1981) to the unsafe building fund.

[Pre-Local Government Recodification Citation: 18-5-5.5-17 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.3-1990, SEC.127.
Ind. Code § 36-12-7-12 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-12
Severance pay
Status: in_force

Sec. 12. (a) A library board may provide severance pay to a library employee who is involuntarily separated from employment with the library.

(b) A library board may provide severance pay to a library employee who is voluntarily separated from employment with the library if the library board makes the following findings in a public meeting:

(1) The library is subject to financial difficulties and revenue shortfall.

(2) The library:

(A) will not hire an individual to perform the duties of the employee separating from employment at the same or comparable compensation and benefits for at least one (1) year after the date the employee separates from employment with the library;

(B) will hire a permanent or temporary employee for less compensation and benefits to perform the duties of the employee separating from employment; or

(C) will satisfy both the conditions in clauses (A) and (B).

(3) The library will pay the separating employee a stated amount of severance pay.

(4) The library will reduce its expenditures by:

(A) paying the severance pay stated under subdivision (3) to the employee separating from employment; and

(B) fulfilling one (1) or more of the conditions set forth in subdivision (2).

As added by P.L.63-2011, SEC.3.
Ind. Code § 36-7-32.5-7 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-7
"Income tax incremental amount"
Status: in_force

Sec. 7. As used in this chapter, "income tax incremental amount" means the remainder of:

(1) the total amount of state adjusted gross income taxes paid:

(A) by employees employed in the territory comprising the innovation development district with respect to wages and salary earned for work in the territory comprising the innovation development district; and

(B) by individuals who are not employees with respect to income received for services performed in the territory comprising an innovation development district;

for a particular state fiscal year that are not otherwise attributable to an allocation area listed in section 10(b) of this chapter; minus

(2) the sum of the:

(A) income tax base period amount; plus

(B) tax credits awarded by the Indiana economic development corporation under IC 6-3.1-13 to businesses operating in an innovation development district as the result of wages earned for work in the innovation development district for the state fiscal year;

as determined by the department of state revenue.

As added by P.L.135-2022, SEC.28. Amended by P.L.201-2023, SEC.275.
Ind. Code § 36-1-4-12 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-12
Attendance of witnesses and production of documents at meetings
Status: in_force

Sec. 12. A unit may require the attendance of witnesses and the production of documents relevant to matters being considered at meetings of a department or agency.

[Pre-Local Government Recodification Citations: 18-1-1.5-2(10); 18-4-3-11 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-11.2-30 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-30
Attorney for commission
Status: in_force

Sec. 30. The attorney general, or a deputy attorney general selected by the attorney general, is the attorney for the commission. The commission may employ other legal counsel that the commission considers necessary, convenient, or desirable.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-6.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-9-6-17 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-17
Watercourses; improvements
Status: in_force

Sec. 17. The works board may straighten, deepen, or otherwise improve any natural or artificial watercourse.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-10-5-1 — Indiana Code / Title 36 / Article 10 / Chapter 5 / Section 36-10-5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the municipalities indicated in each section.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.112.
Ind. Code § 36-10-1-2 — Indiana Code / Title 36 / Article 10 / Chapter 1 / Section 36-10-1-2
"Park purposes"
Status: in_force

Sec. 2. "Park purposes" include the establishment, equipment, and operation of parks, boulevards, pleasure drives, parkways, wheelways, park boulevards, bridlepaths, playgrounds, playfields, bathhouses, comfort stations, swimming pools, community centers, recreation centers, other recreational facilities, and recreational programs.

[Pre-Local Government Recodification Citations: 19-7-30-8 part; Part new.]

As added by Acts 1981, P.L.309, SEC.108.
Ind. Code § 36-7-31.3-7 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-7
"Taxpayer"
Status: in_force

Sec. 7. As used in this chapter, "taxpayer" means a person that is liable for a covered tax.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-7-4-702 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-702
Subdivision control; primary approval of plat; standards of ordinance; requisites; compliance
Status: in_force

Sec. 702. (a) In determining whether to grant primary approval of a plat, the plan commission (or plat committee acting on the commission's behalf) shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control ordinance.

(b) The subdivision control ordinance must specify the standards for determining whether a plat qualifies for primary approval. The ordinance must include standards for:

(1) minimum width, depth, and area of lots in the subdivision;

(2) public way widths, grades, curves, and the coordination of subdivision public ways with current and planned public ways; and

(3) the extension of water, sewer, and other municipal services.

The ordinance may also include standards for the allocation of areas to be used as public ways, parks, schools, public and semipublic buildings, homes, businesses, and utilities, and any other standards related to the purposes of this chapter.

(c) The standards fixed in the subdivision control ordinance under subsection (b) may be waived at the discretion of the plan commission (or plat committee acting on the commission's behalf); however, to be approved, the plat must still meet all applicable standards prescribed in the zoning ordinance (other than standards modified by variance in accordance with the 900 series of this chapter). As a condition of granting a waiver under this subsection, the commission or committee may allow or require a commitment to be made under section 1015 of this chapter.

(d) As a condition of primary approval of a plat, the commission or committee may specify:

(1) the manner in which public ways shall be laid out, graded, and improved;

(2) a provision for water, sewage, and other utility services;

(3) a provision for lot size, number, and location;

(4) a provision for drainage design; and

(5) a provision for other services as specified in the subdivision control ordinance.

(e) The subdivision control ordinance may not regulate condominiums regulated by IC 32-25.

(f) A subdivision control ordinance must require a unit to use data from the most recent:

(1) Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps; and

(2) National Oceanic and Atmospheric Administration Atlas Precipitation-Frequency Atlas of the United States;

to calculate and regulate storm water runoff from a developed or undeveloped plat. A unit must use data regarding a location that is in the closest proximity to the developed or undeveloped plat under consideration. If a unit must use data regarding a location within a neighboring state due to the lack of available data regarding a nearby location, then the unit must use data regarding a location within the state that is in closest proximity to the developed or undeveloped plat under consideration.

[Pre-Local Government Recodification Citations: 18-7-2-49; 18-7-4-702; 18-7-4-56; 18-7-5-47 part; 18-7-5-49.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.6; P.L.2-2002, SEC.109; P.L.126-2011, SEC.17; P.L.172-2025, SEC.1.
Ind. Code § 36-7-14-17.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-17.5
Notice and hearing; amendment of resolution or plan; procedure
Status: in_force

Sec. 17.5. (a) In addition to the requirements of section 17 of this chapter, if the resolution or plan for an existing redevelopment project area is proposed to be amended in a way that changes:

(1) parts of the area that are to be devoted to a public way, levee, sewerage, park, playground, or other public purposes;

(2) the proposed use of the land in the area; or

(3) requirements for rehabilitation, building requirements, proposed zoning, maximum densities, or similar requirements;

the commission must, at least ten (10) days before the public hearing under section 17 of this chapter, send the notice required by section 17 of this chapter by first class mail to affected neighborhood associations.

(b) In addition to the requirements of section 17 of this chapter, if the resolution or plan for an existing redevelopment project area is proposed to be amended in a way that:

(1) enlarges the boundaries of the area; or

(2) adds one (1) or more parcels to the list of parcels to be acquired;

the commission must, at least ten (10) days before the public hearing under section 17 of this chapter, send the notice required by section 17 of this chapter by first class mail to affected neighborhood associations and to persons owning property that is in the proposed enlargement of the area or that is proposed to be added to the acquisition list. If the enlargement of an area is proposed, notice must also be filed in accordance with section 17(b) of this chapter, and agencies and officers may not take actions prohibited by section 17(b) of this chapter in the proposed enlarged area.

(c) The commission may require that neighborhood associations register with the commission. The commission may adopt a rule that requires that a neighborhood association encompass a part of the geographic area included in or proposed to be included in a redevelopment project area, urban renewal area, or economic development area to qualify as an affected neighborhood association.

As added by P.L.114-1989, SEC.4. Amended by P.L.185-2005, SEC.14; P.L.146-2008, SEC.729.
Ind. Code § 36-10-11-27 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-27
Refunding bonds; authority to amend lease
Status: in_force

Sec. 27. (a) In connection with the issuance of refunding bonds, the authority and the lessee, or lessees, of the building, or buildings, financed from the proceeds of the bonds being refunded may enter into an amendment to the lease modifying the lease:

(1) to provide for a reduction in the amount of lease rental payable by the lessee, or lessees, to be effective upon the redemption of the bonds being refunded;

(2) to provide for an extension of the time set forth in the lease before the option of the lessee, or lessees, to purchase may be exercised to the time that is agreed upon between the authority and the lessee or lessees; or

(3) to provide that the lease rental payable by the lessee, or lessees, after the redemption of all the bonds being refunded is payable to the trustee under the trust indenture securing the refunding bonds.

(b) Proceedings or actions by the lessee and approval by any board, commission, or agency are not required for refunding. The refunding authorized in this chapter does not affect the obligation of the lessee, or lessees, to pay the lease rental under the lease of the building or buildings, except to the extent the lease rental may be reduced by any amendment as authorized by this section.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-14.5-17 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-17
Easement or license agreements between authority and commission; recordation
Status: in_force

Sec. 17. The authority and the commission may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county.

As added by P.L.380-1987(ss), SEC.18.
Ind. Code § 36-7-15.1-15 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-15
Appraisal, publication, and bidding requirements
Status: in_force

Sec. 15. (a) This section does not apply to the sale or grant of real property or interests in real property to:

(1) nonprofit corporations, community development corporations, or neighborhood development corporations under section 15.1 of this chapter; or

(2) an urban enterprise association under section 15.2 of this chapter.

The provisions of this section concerning appraisal, publication, and bidding requirements do not apply to sales, leases, or other dispositions of real or personal property or interests in property to other public agencies, including the federal government or any agency or department of the federal government, for public purposes.

(b) Before offering for sale, exchange, or lease (or a combination of methods) to the public any of the property or interests acquired, the commission shall cause two (2) separate appraisals of the fair market value to be made by independent appraisers. However, if the property is less than five (5) acres in size and the fair market value of the real property or interest has been appraised by one (1) independent appraiser at less than ten thousand dollars ($10,000), the second appraisal may be made by a qualified employee of the department. In the case of an exchange, the same appraiser may not appraise both of the properties to be exchanged. In making appraisals, the appraisers shall take into consideration the size, location, and physical condition of the parcels, the advantages accruing to the parcels under the redevelopment plan, and all other factors having a bearing on the value of the parcels. The appraisals are solely for the information of the commission and are not open for public inspection.

(c) The commission shall then prepare an offering sheet showing the parcels to be offered and the offering prices, which may not be less than the average of the two (2) appraisals. Copies of the offering sheets shall be furnished to prospective buyers on request. Maps, plats, or maps and plats showing the size and location of all parcels to be offered shall also be kept available for inspection at the office of the department.

(d) A notice shall be published in accordance with IC 5-3-1. The notice must state that at a designated time the commission will open and consider written offers for the purchase or lease of the property or interests being offered. In giving the notice it is not necessary to describe each parcel separately, or to specify the exact terms of disposition, but the notice:

(1) must state the general location of the parcels;

(2) call attention generally to any limitations in the redevelopment or urban renewal plan on the use to be made of the real property offered; and

(3) state that a bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(A) beneficiary of the trust; and

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

(e) At the time fixed in the notice the commission shall open and consider any offers received. The offers may consist of consideration in the form of cash, other property, or a combination of cash and property. However, with respect to property other than cash, the offer must be accompanied by evidence of the property's fair market value that is satisfactory to the commission in the commission's sole discretion. All offers received shall be opened at public meetings of the commission and shall be kept open for public inspection.

(f) The commission may reject any or all bids or may make awards to the highest and best bidders. In determining the best bids, the commission shall take into consideration the following factors:

(1) The size and character of the improvements proposed to be made by the bidder on the real property bid on.

(2) The bidder's plans and ability to improve the real property with reasonable promptness.

(3) Whether the real property when improved will be sold or rented.

(4) The bidder's proposed sale or rental prices.

(5) The bidder's compliance with subsection (d)(3).

(6) Any factors that will assure the commission that the sale or lease, if made, will further the execution of the redevelopment plan and best serve the interest of the community, from the standpoint of both human and economic welfare.

(g) The commission may contract with a bidder in regard to the factors listed in subsection (f), and the contract may provide for the deposit of surety bonds, the making of good faith deposits, liquidated damages, the right of reversion or repurchase, or other rights and remedies if the bidder fails to comply with the contract.

(h) After the opening, consideration, and determination of the written offers filed in response to the notice, the commission may dispose of all or part of the remaining available property or interests for any approved use, either at public sale or by private negotiation carried on by the commission, its regular employees, or real estate experts employed for that purpose. For a period of thirty (30) days after the opening of the written offers and determination on them, no sale, exchange, or lease may be made at a price or rental less than that shown on the offering sheet, except in the case of sales or rentals of:

(1) ten (10) or more parcels to a purchaser or lessee who agrees to improve the parcels immediately;

(2) parcels of property to individuals or families whose income is at or below the county's median income for individual and family income, respectively, for the purpose of constructing single family or two (2) family housing; or

(3) parcels of property to a contractor or developer for the purpose of constructing single family or two (2) family housing for individuals or families whose income is at or below the county's median income for individual and family income, respectively;

but after that period the commission may adjust the offering prices in the manner it considers necessary to further the redevelopment or urban renewal plan.

(i) A conveyance under this section may not be made until the agreed consideration has been paid, unless the commission adopts a resolution:

(1) stating that consideration does not have to be paid before the conveyance is made; and

(2) setting forth an arrangement for future payment of consideration or provision of an infrastructure credit against the consideration, or both.

If full consideration is not paid before the conveyance is made, the commission may use a land sale contract or mortgage to secure payment of the consideration or may accept as a credit against the agreed consideration a contractual obligation to perform public infrastructure work related to the property being conveyed. All deeds, land sale contracts, leases, or other conveyances, and all contracts and agreements, including contracts of purchase, sale, or exchange and contracts for advancements, loans, grants, contributions, or other aid, shall be executed in the name of the "City of _________, Department of Metropolitan Development", and shall be executed by the president or vice president of the commission or by the director of the department if authorized. A seal is not required on these instruments or any other instruments executed in the name of the department.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.193-1988, SEC.4; P.L.336-1989(ss), SEC.52; P.L.14-1991, SEC.18; P.L.28-1993, SEC.13; P.L.113-2002, SEC.7.
Ind. Code § 36-1-4-4 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-4
Corporate seal
Status: in_force

Sec. 4. A unit may have a corporate seal.

[Pre-Local Government Recodification Citations: 18-1-1.5-2(2); 18-1-1.5-5(a) part; 18-3-1-21 part; 18-3-1-35 part; 18-4-1-4 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-8-8-18 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-18
Credit for service prior to participation in 1977 fund; rollover distributions; trustee to trustee transfers
Status: in_force

Sec. 18. (a) Except as provided in subsection (b), if a unit, an airport authority, a school corporation, or a charter school becomes a participant in the 1977 fund, credit for prior service by police officers (including prior service as a full-time, fully paid town marshal, full-time, fully paid deputy town marshal, full-time, fully paid conservancy district marshal, or full-time, fully paid deputy conservancy district marshal by a police officer employed by a metropolitan board of police commissioners), by firefighters, or by school resource officers before the date of participation may be given by the system board only if:

(1) the amount necessary to fund the police officer's, firefighter's, or school resource officer's prior service liability is contributed to the 1977 fund under an agreement that specifies how much the unit, airport authority, school corporation, or charter school is to contribute, if any, and how much the police officer, firefighter, or school resource officer is to contribute, if any; and

(2) the amount that the police officers, firefighters, or school resource officers would have contributed if they had been members of the 1977 fund during their prior service is paid to the 1977 fund under an agreement that specifies how much the unit, airport authority, school corporation, or charter school is to contribute, if any, and how much the police officer, firefighter, or school resource officer is to contribute, if any.

If the requirements of subdivisions (1) and (2) are not met, a fund member is entitled to credit only for years of service after the date of participation. Contributions under subdivisions (1) and (2) must be paid in a lump sum or in installments over a period of not more than thirty (30) years, the amount and period to be determined by the system board. The periods determined by the system board under subdivisions (1) and (2) for any installment payments may differ between the unit, the airport authority, the school corporation, or the charter school and the police officers, firefighters, or school resource officers and between subdivisions (1) and (2).

(b) If a unit becomes a participant in the 1977 fund under section 3(c) of this chapter, if an airport authority becomes a participant in the 1977 fund under section 3(e) of this chapter, if a school corporation or charter school becomes a member of the 1977 fund under section 3(f) of this chapter, or if a firefighter becomes a member of the 1977 fund under section 7(g) of this chapter, credit for prior service before the date of participation or membership shall be given by the system board as follows:

(1) For a member who will accrue twenty (20) years of service credit in the 1977 fund by the time the member reaches the earliest retirement age under the fund at the time of the member's date of participation in the 1977 fund and who participated in PERF as a police officer, a firefighter, an emergency medical technician, or a school resource officer, the member will be given credit in the 1977 fund for one-third (1/3) of the member's years of participation in PERF as a police officer, a firefighter, an emergency medical technician, or a school resource officer.

(2) For a member who will accrue twenty (20) years of service credit in the 1977 fund by the time the member reaches the earliest retirement age under the fund at the time of the member's date of participation in the 1977 fund and who did not participate in a pension plan as a police officer, a firefighter, an emergency medical technician, or a school resource officer, the member will be given credit in the 1977 fund for one-third (1/3) of the member's years of prior service with the unit as a police officer, a firefighter, an emergency medical technician, or a school resource officer only if:

(A) The amount necessary to fund the member's prior service liability is contributed to the 1977 fund under an agreement that specifies how much the unit, airport authority, school corporation, or charter school is to contribute, if any, and how much the member is to contribute, if any. Contributions must be paid in a lump sum or in installments as provided in clause (C). The amount of contributions must be based on the actual salary earned by a first class patrolman or a first class firefighter at the time the unit, the airport authority, the school corporation, or the charter school becomes a participant in the 1977 fund, or the police officer, firefighter, or school resource officer becomes a member of the 1977 fund, or if no such salary designation exists, the actual salary earned by the police officer, firefighter, or school resource officer.

(B) The amount the police officer, firefighter, or school resource officer would have contributed if the police officer, firefighter, or school resource officer had been a member of the 1977 fund during the police officer's, firefighter's, or school resource officer's prior service must be fully paid under an agreement that specifies how much the unit, the airport authority, the school corporation, or the charter school is to pay, if any, and how much the member is to pay, if any. Contributions must be paid in a lump sum or in installments as provided in clause (C). The amount of contributions must be based on the police officer's, firefighter's, or school resource officer's actual salary earned during that period before service can be credited under this section.

(C) Any amortization schedule for contributions paid under clause (A) and contributions to be paid under clause (B) must include interest at a rate determined by the system board. The board shall determine the term of any amortization schedule authorized under clauses (A) and (B), not to exceed ten (10) years. The terms of the various amortization schedules authorized under clauses (A) and (B) may differ.

(3) For a member who will not accrue twenty (20) years of service credit in the 1977 fund by the time the member reaches the earliest retirement age under the fund at the time of the member's date of participation in the 1977 fund, credit for such prior service shall be given only if:

(A) The amount necessary to fund the member's prior service liability is contributed to the 1977 fund under an agreement that specifies how much the unit, the airport authority, the school corporation, or the charter school is to contribute, if any, and how much the member is to contribute, if any. Contributions must be paid in a lump sum or in installments as provided in clause (C). The amount of contributions must be based on the actual salary earned by a first class patrolman or a first class firefighter at the time the unit, the airport authority, the school corporation, or the charter school becomes a participant in the 1977 fund, or the police officer, firefighter, or school resource officer becomes a member of the 1977 fund, or if no such salary designation exists, the actual salary earned by the police officer, firefighter, or school resource officer. The limit on credit for prior service does not apply to a firefighter if the firefighter was a member of the 1937 fund or 1977 fund whose participation was terminated due to the creation of a new fire protection district under IC 36-8-11-5 and who subsequently became a member of the 1977 fund. A firefighter who was a member of or reentered the 1937 fund or 1977 fund whose participation was terminated due to the creation of a new fire protection district under IC 36-8-11-5 is entitled to full credit for prior service in an amount equal to the firefighter's years of service before becoming a member of or reentering the 1977 fund. Service may only be credited for time as a full-time, fully paid police officer, firefighter, emergency medical technician under section 7(g) of this chapter, or school resource officer.

(B) The amount the police officer, firefighter, or school resource officer would have contributed if the police officer, firefighter, or school resource officer had been a member of the 1977 fund during the police officer's, firefighter's, or school resource officer's prior service must be fully paid under an agreement that specifies how much the unit, the airport authority, the school corporation, or the charter school is to pay and how much the member is to pay. Contributions must be paid in a lump sum or in installments as provided in clause (C). The amount of contributions must be based on the police officer's, firefighter's, or school resource officer's actual salary earned during that period before service can be credited under this section.

(C) Any amortization schedule for contributions paid under clause (A) and contributions to be paid under clause (B) must include interest at a rate determined by the system board. The board shall determine the term of any amortization schedule authorized under clauses (A) and (B), not to exceed ten (10) years. The terms of the various amortization schedules authorized under clauses (A) and (B) may differ.

(4) If, at the time a unit, an airport authority, a school corporation, or a charter school entered the 1977 fund, a fund member received the maximum prior service credit allowed by subdivision (3) and, at a later date, the earliest retirement age was lowered, the unit, the airport authority, the school corporation, or the charter school or the fund member, or both, may contribute to the 1977 fund on the fund member's behalf an additional amount that is determined in the same manner as under subdivision (3) with respect to the additional prior service, if any, available as a result of the lower retirement age. If the additional amount described in this subdivision is paid in accordance with the requirements of subdivision (3), the fund member shall receive the additional service credit necessary for the fund member to retire at the lower earliest retirement age.

(c) This subsection applies to a unit that:

(1) becomes a participant in the 1977 fund under section 3(c) of this chapter; and

(2) is a fire protection district created under IC 36-8-11 that includes a township or a municipality that had a 1937 fund.

A firefighter who continues uninterrupted service with a unit covered by this subsection and who participated in the township or municipality 1937 fund is entitled to receive service credit for such service in the 1977 fund. However, credit for such service is limited to the amount accrued by the firefighter in the 1937 fund or the amount necessary to allow the firefighter to accrue twenty (20) years of service credit in the 1977 fund by the time the firefighter becomes fifty-two (52) years of age, whichever is less.

(d) A unit to which subsection (c) applies shall contribute into the 1977 fund the amount necessary to fund the amount of past service determined in accordance with subsection (c), amortized over a period not to exceed ten (10) years with interest at a rate determined by the system board.

(e) If the township or municipality has accumulated money in its 1937 fund, any amount accumulated that exceeds the present value of all projected future benefits from the 1937 plan shall be paid by the township or municipality to the unit for the sole purpose of making the contributions determined in subsection (d).

(f) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing permissive service credit under this chapter, a rollover of a distribution from any of the following:

(1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.

(2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state under Section 457(b) of the Internal Revenue Code.

(4) An individual retirement account or annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.

(g) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing permissive service credit under this chapter, a trustee to trustee transfer from any of the following:

(1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.

[Pre-Local Government Recodification Citations: 19-1-17.8-16 part; 19-1-36.5-16 part.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.313-1989, SEC.2; P.L.4-1990, SEC.19; P.L.149-1992, SEC.1; P.L.101-1998, SEC.2; P.L.49-1998, SEC.9; P.L.61-2002, SEC.17; P.L.148-2007, SEC.2; P.L.13-2011, SEC.20; P.L.35-2012, SEC.136; P.L.130-2015, SEC.3; P.L.111-2015, SEC.7; P.L.43-2018, SEC.1; P.L.102-2023, SEC.10; P.L.122-2023, SEC.30; P.L.170-2023, SEC.12; P.L.135-2024, SEC.11.
Ind. Code § 36-10-10-6 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-6
Board; organizational meeting; officers; annual reorganization meeting
Status: in_force

Sec. 6. The directors originally appointed shall meet within fifteen (15) days after their appointment at a time and place designated by the executive for the purpose of organization. The directors shall elect the following officers of the board from among their number:

(1) President.

(2) Vice president.

(3) Secretary.

(4) Treasurer.

The officers serve until the expiration of the first term to expire. The board shall meet annually to reorganize within thirty (30) days after the appointment of each successor director.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.7-1983, SEC.44.
Ind. Code § 36-7-1-16 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-16
"Public place"
Status: in_force

Sec. 16. "Public place" includes any tract owned by the state or a political subdivision.

[Pre-Local Government Recodification Citations: 18-7-4-115; 18-7-4-2 part; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.16.
Ind. Code § 36-3-4-6 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-6
Meetings
Status: in_force

Sec. 6. (a) The city-county legislative body shall hold regular meetings at least once a month, at times and places prescribed by its rules or established by resolution. A special service district legislative body shall meet as required by IC 36-3-6.

(b) A special meeting of a legislative body shall be held when called by its president or presiding officer or when called by at least two-fifths (2/5) of its members, at any place in the county designated in the call.

(c) No notice of a regular meeting, or meeting required by statute, need be given to a member of a legislative body. For a special meeting, a written notice specifying the time and place of the meeting must be delivered, mailed, or sent by telegram to all members so that each member has at least seventy-two (72) hours notice of the meeting. However, this requirement is waived as to a member if the member:

(1) attends the meeting; or

(2) executes a written waiver of notice of the time and place of the meeting.

A written waiver of notice may be executed before or after the meeting, but it must state in general terms the purpose of the meeting if executed after the meeting.

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

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.113.
Ind. Code § 36-4-8-14 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-14
Preapproved payments of claims
Status: in_force

Sec. 14. (a) A city legislative body may adopt an ordinance allowing money to be disbursed for lawful city 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 city fiscal officer may make claim payments in advance of board allowance for the following kinds of expenses if the city legislative body 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, federal, or county 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 fiscal officer.

(d) The city legislative body or the city 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.32-1992, SEC.4. Amended by P.L.69-1995, SEC.7; P.L.40-1996, SEC.10.
Ind. Code § 36-7-4-1607 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1607
Petition for review; requirements
Status: in_force

Sec. 1607. (a) A petition for review must be filed with the clerk of the court.

(b) A petition for review must be verified and set forth the following:

(1) The name and mailing address of the petitioner.

(2) The name and mailing address of the board whose zoning decision is at issue.

(3) Identification of the decision at issue, together with a copy, summary, or brief description of the decision.

(4) Identification of persons who participated in any hearing, as described in section 1603(a)(2) of this chapter, that led to the decision.

(5) Specific facts to demonstrate that the petitioner is entitled to obtain judicial review under section 1602 of this chapter.

(6) Specific facts to demonstrate that the petitioner has been prejudiced by one (1) or more of the grounds described in section 1614 of this chapter.

(7) A request for relief, specifying the type and extent of relief requested.

As added by P.L.126-2011, SEC.54.
Ind. Code § 36-7-32-21 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-21
Annual computation; income tax incremental amount; gross retail incremental amount; district business information
Status: in_force

Sec. 21. (a) Before the first business day in October of each year, the department of state revenue shall calculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for each certified technology park designated under this chapter.

(b) Taxpayers operating in the certified technology park shall report annually to the department of state revenue and to the office, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate the net increment.

(c) A taxpayer operating in the certified technology park that files a consolidated tax return with the department also shall file annually:

(1) an informational return with the department for each business location of the taxpayer within the certified technology park; and

(2) a copy of the informational return required under subdivision (1) with the office.

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

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.261-2013, SEC.47; P.L.145-2025, SEC.17.
Ind. Code § 36-7-13-19 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-19
Termination of district
Status: in_force

Sec. 19. When the advisory commission, or the legislative body of a county or municipality that adopts an ordinance designating a district under section 10.5 of this chapter, determines that the purposes for which a district was established have been accomplished and that all bonds or other obligations issued under this chapter and all interest on those bonds or obligations have been fully paid, the advisory commission or the legislative body shall adopt a resolution terminating the district. If an advisory commission or a legislative body adopts a resolution under this section, the advisory commission or the legislative body shall send a certified copy of the resolution by certified mail to the department.

As added by P.L.125-1998, SEC.23. Amended by P.L.174-2001, SEC.12.
Ind. Code § 36-7.5-1-11 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-11
"Eligible county"
Status: in_force

Sec. 11. "Eligible county" refers to the following counties:

(1) Lake County.

(2) Porter County.

(3) LaPorte County, if:

(A) the fiscal body of the county has adopted an ordinance under IC 36-7.5-2-3(d) providing that the county is joining the development authority; and

(B) the fiscal body of the city described in IC 36-7.5-2-3(d) has adopted an ordinance under IC 36-7.5-2-3(d) providing that the city is joining the development authority.

As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.49; P.L.119-2012, SEC.215; P.L.165-2021, SEC.207; P.L.104-2022, SEC.197.
Ind. Code § 36-1-8.5-7 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-7
Restricting home address access through web site
Status: in_force

Sec. 7. (a) A covered person who wants to restrict access to the covered person's home address by means of a public property data base Internet web site must submit a written request to the unit that operates the public property data base Internet web site.

(b) A unit that operates a public property data base Internet web site, directly or through a third party, shall establish a process to prevent a member of the general public from gaining access to the home address of a covered person by means of the public property data base Internet web site.

(c) In establishing a process under subsection (b), a unit shall do all of the following:

(1) Determine which person or department of the unit will receive and process the request.

(2) Provide a method under which a covered person is notified of the procedure to be used to restrict or allow disclosure of the home address of the covered person under this chapter.

(d) A unit may charge a covered person a reasonable fee to make a written request under this section.

As added by P.L.106-2013, SEC.2. Amended by P.L.191-2015, SEC.16; P.L.111-2019, SEC.6; P.L.159-2020, SEC.72.
Ind. Code § 36-7-14-22.1 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-22.1
Repealed
Status: repealed

As added by P.L.39-1994, SEC.25 and P.L.31-1994, SEC.18. Amended by P.L.2-1995, SEC.132. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 36-8-11-3 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-3
Repealed
Status: repealed

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.63. Amended by Acts 1982, P.L.33, SEC.42. Repealed by P.L.213-1986, SEC.12.
Ind. Code § 36-4-3-14 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-14
Remonstrances; hearing; change of venue; status of annexation pending
Status: in_force

Sec. 14. In a hearing under section 12 of this chapter, the laws providing for change of venue from the county do not apply, but changes of venue from the judge may be had as in other cases. Costs follow judgment. Pending the entry of a final unappealable judgment, the territory sought to be annexed is not considered a part of the municipality.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.228-2015, SEC.20.
Ind. Code § 36-9-2-18 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-18
Extraterritorial powers; four mile limit
Status: in_force

Sec. 18. A municipality may exercise powers granted by sections 2, 3, 14, 16, and 17 of this chapter in areas within four (4) miles outside its corporate boundaries.

[Pre-Local Government Recodification Citations: 18-1-1.5-7 part; 18-1-1.5-14 part; 18-3-1-50 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-12-3-12 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-12
Determination of tax rate; continuation of prior appropriation and levy upon failure to meet certain requirements
Status: in_force

Sec. 12. (a) The library board shall determine the rate of taxation for the library district that is necessary for the proper operation of the library. The library board shall certify the rate to the county auditor. An additional rate may be levied under section 10(4) of this chapter.

(b) If the library board fails to:

(1) give:

(A) a first published notice to the board's taxpayers of the board's proposed budget and tax levy for the ensuing year at least ten (10) days before the public hearing required under IC 6-1.1-17-3; and

(B) a second published notice to the board's taxpayers of the board's proposed budget and tax levy for the ensuing year at least three (3) days before the public hearing required under IC 6-1.1-17-3; or

(2) finally adopt the budget and fix the tax levy not later than November 1;

the last preceding annual appropriation made for the public library is renewed for the ensuing year, and the last preceding annual tax levy is continued. Under this subsection, the treasurer of the library board shall report the continued tax levy to the county auditor not later than November 1.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-10.]

As added by P.L.1-2005, SEC.49. Amended by P.L.219-2007, SEC.148; P.L.257-2019, SEC.167; P.L.159-2020, SEC.84.
Ind. Code § 36-9-38-29 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-29
Municipal assessment; manner of payment; other assessments; payment in installments; interest
Status: in_force

Sec. 29. (a) At the time the municipal works board determines the amount of the assessments, the municipal works board shall also determine the following:

(1) The manner in which the municipality shall pay the municipality's assessment, if any.

(2) The number of monthly or annual installments over which the other assessments will be paid.

(3) The maximum rate of interest on the installments, which may be equal to or greater than the interest rate on bonds issued under section 30 of this chapter.

(b) The works board shall certify the determination under subsection (a) to the municipal fiscal officer. This certification must accompany the assessment roll.

As added by P.L.98-1993, SEC.9. Amended by P.L.62-2001, SEC.9.
Ind. Code § 36-7-31-22 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-22
Repayments to funds
Status: in_force

Sec. 22. The capital improvement board shall repay to the professional sports development area fund or the sports and convention facilities operating fund any amount that is distributed to the capital improvement board and used for:

(1) a purpose that is not described in section 21 of this chapter; or

(2) a facility or facility site other than the facility and facility site to which covered taxes are designated under the resolution described in section 14 or 14.2 of this chapter.

The department shall distribute the covered taxes repaid to the professional sports development area fund or the sports and convention facilities operating fund under this section proportionately to the funds and the political subdivisions that would have received the covered taxes if the covered taxes had not been allocated to the tax area under this chapter.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.182-2009(ss), SEC.420.
Ind. Code § 36-7-29-10 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-10
Local environmental response financing boards
Status: in_force

Sec. 10. (a) The district shall be governed by a local environmental response financing board.

(b) If the unit is a city described in section 1(1) of this chapter, the board consists of five (5) members appointed by the city executive.

(c) If the unit is a county described in section 1(2) of this chapter, the board consists of the following six (6) members:

(1) Two (2) members appointed by the county executive.

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

(3) Two (2) members appointed by the executive of the municipality having the largest population in the district.

(4) One (1) member appointed by the executive of the municipality that has the second largest population in the district.

All board members appointed under this subsection must be local elected officials. A board member appointed under this subsection who ceases to be a local elected official forfeits membership on the board.

(d) The term of office of a board member is four (4) years. The appointing authority shall fill a vacancy on the board for the unexpired term.

(e) Board members are not entitled to compensation or reimbursement for any services or expenses.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-7-4-1330 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1330
Use of fees
Status: in_force

Sec. 1330. An impact fee collected under this series shall be used for the following purposes:

(1) Providing funds to an infrastructure agency for the provision of new infrastructure that:

(A) is necessary to serve the new development in the impact zone from which the fee was collected; and

(B) is identified in the zone improvement plan.

(2) In an amount not to exceed five percent (5%) of the annual collections of an impact fee, for expenses incurred by the unit that paid for the consulting services that were used to establish the impact fee ordinance.

(3) Payment of a refund under section 1332 of this chapter.

(4) Payment of debt service on an obligation issued to provide infrastructure described in subdivision (1).

As added by P.L.221-1991, SEC.31.
Ind. Code § 36-9-28-7 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-7
Application of other assessment statutes
Status: in_force

Sec. 7. Except as otherwise provided by this chapter, the statutes concerning street and sewer improvement assessments apply to assessments made under this chapter.

[Pre-Local Government Recodification Citation: 19-4-20-9 part.]

As added by Acts 1981, P.L.309, SEC.104.
Ind. Code § 36-7-27-6 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-6
"Department"
Status: in_force

Sec. 6. As used in this chapter, "department" refers to the department of state revenue.

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-9-13-29 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-29
Sale or lease of land or government building by eligible entity to authority; authorization; procedure
Status: in_force

Sec. 29. (a) An eligible entity that wants to have all or part of a government building constructed, reconstructed, or renovated on land owned or to be acquired by it may:

(1) sell that land or building to a building authority; or

(2) lease the land or building to the authority for the same period of years that the eligible entity proposes to lease all or part of the building, and may grant an option to the authority to purchase the land or building within six (6) months after the expiration of the lease on the building if the eligible entity does not exercise an option to purchase the land or building within the terms of the lease.

If the option price of the land or building is not fixed in the lease, then the price to be paid for the land or building under the option shall be determined by an appraisal by one (1) disinterested freeholder residing in the county and two (2) disinterested appraisers licensed under IC 25-34.1, who must be residents of Indiana, and who shall be appointed by the circuit court for the county. One (1) of the appraisers appointed under this subsection must reside not more than fifty (50) miles from the land.

(b) A sale or lease of land or a building under this section must be authorized by resolution or ordinance of the governing body of the eligible entity, which shall be entered in the official records of the governing body. This authorization must be given concurrently with the authorization by the eligible entity of a lease of the building, or part of it, to be constructed, reconstructed, or renovated wholly or in part on the land.

(c) The deed, in the case of a sale of the land, or the lease, must be executed on behalf of the eligible entity by the officer or officers authorized by law to execute contracts on behalf of the entity, and on behalf of the authority by the president or vice president and secretary of its board of directors.

(d) Before the sale of any land or building under this section, a petition must be filed with the circuit court of the county requesting the appointment of:

(1) one (1) appraiser who must be a resident of the eligible entity selling the land or building and a disinterested freeholder; and

(2) two (2) disinterested appraisers licensed under IC 25-34.1;

who are residents of Indiana. One (1) of the appraisers described under subdivision (2) must reside not more than fifty (50) miles from the land or building. The appraisers shall fix the fair market value of the land or building and report their decision within three (3) weeks after their appointment. The eligible entity may then sell the land or building to the authority for an amount not less than the fair market value fixed by the appraisers, which amount may be paid from proceeds of bonds of the authority.

[Pre-Local Government Recodification Citation: 19-8-4-15.]

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.188, SEC.8; P.L.113-2006, SEC.21.
Ind. Code § 36-1.5-4-41 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-41
Pension fund membership
Status: in_force

Sec. 41. (a) Notwithstanding any other law, an individual:

(1) who is employed as a firefighter or a police officer by a political subdivision that is reorganized under this article;

(2) who is a member of the 1977 fund before the effective date of the reorganization under this article; and

(3) who, after the reorganization, becomes an employee of the fire department, police department, or county police department of the reorganized political subdivision;

remains a member of the 1977 fund without being required to meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The firefighter or police officer shall receive credit for any service as a member of the 1977 fund before the reorganization to determine the firefighter's or police officer's eligibility for benefits under IC 36-8-8.

(b) Notwithstanding any other law, an individual:

(1) who is employed as a firefighter by a political subdivision that is reorganized under this article;

(2) who is a member of the 1937 fund before the effective date of the reorganization under this article; and

(3) who, after the reorganization, becomes an employee of the fire department of the reorganized political subdivision;

remains a member of the 1937 fund. The firefighter shall receive credit for any service as a member of the 1937 fund before the reorganization to determine the firefighter's eligibility for benefits under IC 36-8-7.

(c) Notwithstanding any other law, an individual:

(1) who is employed as a member of a county police department by a political subdivision that is reorganized under this article;

(2) who is a member of the sheriff's pension trust before the effective date of the reorganization under this article; and

(3) who, after the reorganization, becomes a law enforcement officer of the reorganized political subdivision;

remains a member of the sheriff's pension trust. The individual shall receive credit for any service as a member of the sheriff's pension trust before the reorganization to determine the individual's eligibility for benefits under IC 36-8-10.

(d) Notwithstanding any other law, an individual:

(1) who is employed as a police officer by a political subdivision that is reorganized under this article;

(2) who is a member of the 1925 fund or 1953 fund before the effective date of the reorganization under this article; and

(3) who, after the reorganization, becomes an employee of the police department or county police department of the reorganized political subdivision;

remains a member of the 1925 fund or 1953 fund. The police officer shall receive credit for any service as a member of the 1925 fund or 1953 fund before the reorganization to determine the police officer's eligibility for benefits under IC 36-8-6 or IC 36-8-7.5.

(e) Notwithstanding any other law, an individual:

(1) who is employed by a political subdivision that is reorganized under this article;

(2) who is a member of the pre-1996 account (as defined in IC 5-10.4-1-12) before the effective date of the reorganization under this article; and

(3) who, after the reorganization, becomes an employee of the reorganized political subdivision in a position that qualifies the individual for service credit in the Indiana state teachers' retirement fund;

remains a member of the pre-1996 account.

As added by P.L.186-2006, SEC.4. Amended by P.L.2-2007, SEC.383.
Ind. Code § 36-1-8-1 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all political subdivisions.

[Pre-Local Government Recodification Citations: 18-6-18-3 part; 19-11-2-1 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-12-2-18 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-18
Term of library board member
Status: repealed

Sec. 18. (a) Subject to subsection (b), the term of a library board member is four (4) years. A member may continue to serve on a library board after the member's term expires until the member's successor is qualified under section 19 of this chapter. The term of the member's successor is not extended by the time that has elapsed before the successor's appointment and qualification. If a member is appointed to fill a vacancy on a library board, the member's term is the unexpired term of the member being replaced.

(b) Except for a library board whose membership is established under section 15 of this chapter, for purposes of establishing staggered terms for the members of a library board, the initial members shall serve the following terms:

(1) One (1) year for one (1) member appointed under section 9(1), 9(5), 16(b)(1), 16(b)(2), or 17(1) of this chapter.

(2) Two (2) years for one (1) member appointed under section 9(3)(A), 9(4), 16(b)(3), 16(b)(4), or 17(2) of this chapter.

(3) Three (3) years for one (1) member appointed under section 9(2), 9(3)(A), 16(b)(4), 16(b)(5), or 17(1) of this chapter.

(4) Four (4) years for one (1) member appointed under section 9(3)(B), 16(b)(6), or 17(2) of this chapter.

(c) When an appointing authority appoints members to terms of different length under subsection (b), the appointing authority shall designate which member serves each term.

(d) A member may not serve more than four (4) consecutive terms as provided in section 8 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-12.]

As added by P.L.1-2005, SEC.49. Amended by P.L.113-2010, SEC.159.
Ind. Code § 36-9-42-6 — Indiana Code / Title 36 / Article 9 / Chapter 42 / Section 36-9-42-6
Designation of major project; identification of facilities; notice to utilities
Status: in_force

Sec. 6. (a) A unit may designate an improvement project as a major project. The unit shall consider the scope, complexity, and duration of the project in making the designation.

(b) Before undertaking a major project, a unit shall make a reasonable effort to do the following:

(1) Identify each facility located in a public right of way within the geographical limits of the major project by:

(A) investigating field conditions; and

(B) reviewing base map data that is:

(i) maintained and updated by the association (as defined in IC 8-1-26-3) under IC 8-1-26-17(c); and

(ii) made available by the association to the unit.

(2) Notify each utility that owns a facility identified under subdivision (1) of the major project and the need, if any, to relocate the facility.

As added by P.L.79-2013, SEC.1.
Ind. Code § 36-9-26-4 — Indiana Code / Title 36 / Article 9 / Chapter 26 / Section 36-9-26-4
Tax levy
Status: in_force

Sec. 4. A municipality that has established a cumulative building and sinking fund may levy a tax in compliance with IC 6-1.1-41 not to exceed one dollar ($1) on each one hundred dollars ($100) of taxable property in the municipality.

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

As added by Acts 1981, P.L.309, SEC.100. Amended by P.L.17-1995, SEC.38.
Ind. Code § 36-7-32.5-22 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-22
Annual report; required information
Status: in_force

Sec. 22. The corporation shall provide information on the innovation development district program in its economic incentive and compliance report submitted pursuant to IC 5-28-28-5, and to the budget committee, that includes the following:

(1) Metrics established by the corporation to evaluate the effectiveness of the innovation development district in promoting economic growth in the state.

(2) The amount and name of each entity for which there is a unfunded obligation at the close of each state fiscal year.

(3) A report on each innovation development district designated under this chapter that includes a description of:

(A) the general boundaries of the innovation development district;

(B) the total acreage encompassed within the innovation development district;

(C) the base assessed value of the innovation development district;

(D) the gross retail base period amount determined for the innovation development district;

(E) the income tax base period amount determined for the innovation development district;

(F) the gross assessed value of all tangible real and personal property, without regard to any exemption granted by an executive or the corporation under section 15(b) of this chapter, that is:

(i) located within the innovation development district; and

(ii) in the case of real property, assessed as commercial or industrial property under the rules of the department of local government finance;

in each calendar year after the calendar year in which the innovation development district was designated;

(G) the amount of incremental property tax revenue deposited into the local innovation development district fund established by section 19 of this chapter in each state fiscal year after the state fiscal year in which the innovation development district was designated;

(H) the amount of incremental state gross retail and use tax revenue deposited into the local innovation development district fund established by section 19 of this chapter in each state fiscal year after the state fiscal year in which the innovation development district was designated;

(I) the amount of incremental state adjusted gross income tax revenue deposited into the local innovation development district fund established by section 19 of this chapter in each state fiscal year after the state fiscal year in which the innovation development district was designated;

(J) the amount of revenue deposited into the local innovation development district fund established by section 19 of this chapter that was transferred into the economic development reserve account established under section 20.5 of this chapter in each state fiscal year after the state fiscal year in which the innovation development district was designated;

(K) the aggregate amount of bonds issued by the Indiana finance authority under IC 5-1.2-4-4(a)(2) to pay for projects within the innovation development district;

(L) the annual amount of debt service payments due on the bonds described in clause (K); and

(M) a description of all economic development incentives granted by the corporation to businesses located within the innovation development district.

As added by P.L.135-2022, SEC.28. Amended by P.L.213-2025, SEC.321.
Ind. Code § 36-9-30-7 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-7
Supervision and control of functions by works board
Status: in_force

Sec. 7. (a) Except as provided in subsection (b), the:

(1) construction, acquisition, improvement, equipment, custody, administration, operation, and maintenance of any facilities for the collection and disposal of solid waste; and

(2) collection of revenues for the use and services of the facilities;

are under the supervision and control of the works board of the unit.

(b) The legislative body of a municipality may provide by ordinance that the functions described by subsection (a) are under the supervision and control of the sanitary board or utility service board of the municipality.

(c) As used in the following sections of this chapter, "board" means the works board or other board performing the functions described by subsection (a).

[Pre-Local Government Recodification Citations: 19-2-1-6; 19-2-6-1 part.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-2-14-5 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-5
Service of warrant for arrest of county sheriff; custody of jail and prisoners
Status: in_force

Sec. 5. A warrant for the arrest of the county sheriff shall be served by the coroner or any other person to whom it may be legally directed. The coroner, who shall commit the sheriff to the county jail, has custody of the jail and its prisoners during the imprisonment of the sheriff.

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

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-9-29.1-4 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-4
Powers and duties of board
Status: in_force

Sec. 4. (a) To carry out this chapter, the board has jurisdiction to authorize projects of flood control and prevention over all watercourses, and property affected by these projects, within the flood control district and in or along any watercourse in any adjacent county that is a tributary to any watercourse in the district.

(b) In carrying out such a project, the board has the following powers:

(1) To construct and maintain levees, dikes, retaining walls, dams, reservoirs, drains, and all other improvements in or along any watercourse designed to prevent damage and injury through floods and to conserve water resources.

(2) To provide for the disposal of excess water from any reservoir on such terms as the board considers best, so long as this does not impair the function of flood prevention provided by the improvements.

(3) To construct, reconstruct, repair, relocate, widen, or resurface any public way connected with such a project.

(4) To remove obstructions in, to dredge or control, to straighten, or to change the channel of any watercourse.

(5) To reconstruct any new public structure, or any new public bridge or bridges; or to alter, relocate, remove or require the removal of, repair, lengthen, widen, or reconstruct any public structure, or any public bridge or bridges, designed or used for vehicular or pedestrian traffic, and already built and located, whether originally built by a municipal corporation or any other person, across any watercourse.

(6) To regulate and establish channel, bank, and harbor lines on watercourses; to remove or to require to be removed any obstruction or encroachment in, beneath, above, along, or beyond channel, bank, and harbor lines; and to prevent any future obstructions or encroachments beyond these lines by dumping or filling with any material or in any other manner.

(7) To regulate the manner in which all sewers, drains, conduits, viaducts, aqueducts, cables, power lines, and pipelines of any description crossing the bed of any watercourse, or along its banks, or carried across, over, or under it on any bridge, trestle, support, or other structure, shall be located or relocated, replaced, altered, repaired, constructed, reconstructed, lengthened, widened, or removed, whether already constructed or proposed to be constructed or reconstructed by a municipal corporation or any other person.

(8) To regulate the general manner of construction of all temporary or permanent bridges, dikes, moorings, landings, dams, and spillways over, along, or in any watercourses proposed to be constructed or reconstructed by a municipal corporation or any other person.

(9) To regulate the removal by any persons of sand and gravel from watercourses and to establish the distance from bridges and other structures crossing them, and also the uniform grade lines to which sand and gravel may be excavated by any persons.

(10) To regulate the depth, waterway, height, alignment, location, and general manner of construction, reconstruction, and repair of any railroad bridge and of any person crossing over any watercourses or affected by carrying out of projects.

(11) To regulate the general manner of locating, relocating, constructing, reconstructing, altering, repairing, lengthening, widening, raising, and aligning any private bridge, including all its piers, abutments, and supports.

(12) To regulate and order that any of the matters described in this subsection shall be done by the person owning or controlling them, in carrying out projects, all subject to supervision and approval by the board.

(13) To cooperate with any department or agency of the federal government, and with any department or agency of the state, that is established for the purpose of developing a comprehensive plan or program for the protection of life and property from floods or flood hazards.

(c) A project for flood control may not be carried out until it is submitted to and approved by the department of natural resources of the state.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-9-33-1 — Indiana Code / Title 36 / Article 9 / Chapter 33 / Section 36-9-33-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all units (except townships and counties having a consolidated city) that adopt ordinances under section 3 of this chapter after March 31, 1987.

As added by P.L.353-1985, SEC.2.
Ind. Code § 36-7-9-4.5 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-4.5
Legislative findings; vacant or deteriorated structures
Status: in_force

Sec. 4.5. (a) In Indiana, especially in urban areas, there exist a large number of unoccupied structures that are not maintained and that constitute a hazard to public health, safety, and welfare.

(b) Vacant structures often become dilapidated because the structures are not maintained and repaired by the owners or persons in control of the structures.

(c) Vacant structures attract children, become harborage for vermin, serve as temporary abodes for vagrants and criminals, and are likely to be damaged by vandals or set ablaze by arsonists.

(d) Unkept grounds surrounding vacant structures invite dumping of garbage, trash, and other debris.

(e) Many vacant structures are situated on narrow city lots and in close proximity to neighboring structures, thereby increasing the risk of conflagration and spread of insect and rodent infestation.

(f) Vacant, deteriorated structures contribute to blight, cause a decrease in property values, and discourage neighbors from making improvements to properties.

(g) Structures that remain boarded up for an extended period of time also exert a blighting influence and contribute to the decline of the neighborhood by decreasing property values, discouraging persons from moving into the neighborhood, and encouraging persons to move out of the neighborhood.

(h) Vacant structures often continue to deteriorate to the point that demolition of the structure is required, thereby decreasing available housing in a community and further contributing to the decline of the neighborhood.

(i) The blighting influence of vacant, deteriorated structures adversely affects the tax revenues of local government.

(j) The general assembly finds that vacant, deteriorated structures create a serious and substantial problem in urban areas and are public nuisances.

(k) In recognition of the problems created in a community by vacant structures, the general assembly finds that vigorous and disciplined action should be taken to ensure the proper maintenance and repair of vacant structures and encourages local governmental bodies to adopt maintenance and repair standards appropriate for the community in accordance with this chapter and other statutes.

As added by P.L.14-1991, SEC.10. Amended by P.L.1-1992, SEC.186.
Ind. Code § 36-1-4-19 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-19
Applicability of parking ordinances, zoning ordinances, and other requirements in Vanderburgh County
Status: in_force

Sec. 19. (a) As used in this section, "subject property" refers to the property in Vanderburgh County within the Northwest Quarter of Section 26, Township 6 South, Range 10 West.

(b) An ordinance of a unit that regulates the parking of motor vehicles is not applicable within the subject property.

(c) A zoning ordinance of a unit is not applicable within the subject property.

(d) Any requirements for municipal roads or streets do not apply to a road or street within the subject property.

As added by P.L.195-2001, SEC.13. Amended by P.L.33-2003, SEC.1.
Ind. Code § 36-2-15-2 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-2
Election; eligibility; residence; term of office
Status: in_force

Sec. 2. (a) A county assessor shall be elected under IC 3-10-2-13 by the voters of the county.

(b) To be eligible to serve as an assessor, an individual must meet the following qualifications before taking office:

(1) If the individual has never held the office of county assessor, the individual must have attained a level two assessor-appraiser certification under IC 6-1.1-35.5.

(2) If the individual has held the office of county assessor, the individual must have attained a level three assessor-appraiser certification under IC 6-1.1-35.5.

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

(d) The term of office of a county assessor is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.

[Pre-Local Government Recodification Citations: 17-3-1-1 part; 17-3-69.5-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.5-1986, SEC.37; P.L.3-1987, SEC.550; P.L.1-2004, SEC.61 and P.L.23-2004, SEC.63; P.L.88-2005, SEC.15; P.L.167-2015, SEC.6.
Ind. Code § 36-7.7-2-3 — Indiana Code / Title 36 / Article 7.7 / Chapter 2 / Section 36-7.7-2-3
"Commuter transportation district"
Status: in_force

Sec. 3. "Commuter transportation district" refers to a commuter transportation district established under IC 8-5-15.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-8-6-7 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-7
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-1-24-3 part.]

As added by Acts 1981, P.L.309, SEC.55. Repealed by P.L.363-1983, SEC.4.
Ind. Code § 36-8-7.5-13.7 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-13.7
Members dying in line of duty before September 1, 1982
Status: in_force

Sec. 13.7. (a) This section applies to a member who died in the line of duty (as defined in section 14.1 of this chapter) before September 1, 1982.

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

(c) The 1953 fund shall also be used to pay an annuity equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed as provided in section 12(b) of this chapter and payable in monthly installments, to each dependent child of a member of the fund who dies from any cause while in the actual discharge of duties as a police officer. The pension to each child continues:

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

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

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

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

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

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

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

(g) The annuity payable under subsection (b) equals thirty percent (30%) of the salary of a first class patrolman. The amount provided in this subsection is subject to adjustment as provided in subsection (f).

(h) The unit of local government that employed the deceased member shall after December 31, 2003, offer to provide and pay for health insurance coverage for the member's surviving spouse and for each natural child, stepchild, or adopted child of the member:

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

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

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

whichever period is longest. If health insurance coverage is offered by the unit to active members, the health insurance provided to a surviving spouse and child under this subsection must be equal in coverage to that offered to active members. The offer to provide and pay for health insurance coverage shall remain open for as long as there is a surviving spouse or as long as a natural child, stepchild, or adopted child of the member is eligible for coverage under subdivision (1), (2), or (3).

As added by P.L.118-2000, SEC.20. Amended by P.L.1-2001, SEC.45; P.L.86-2003, SEC.6.
Ind. Code § 36-4-7-5 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-5
Salary schedule
Status: in_force

Sec. 5. Salaries of city officers and employees shall be scheduled as provided in the budget classification prescribed by the state board of accounts.

[Pre-Local Government Recodification Citation: 18-2-1-13 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-7-30.3-9 — Indiana Code / Title 36 / Article 7 / Chapter 30.3 / Section 36-7-30.3-9
Adoption or amendment of unit's comprehensive plan
Status: in_force

Sec. 9. The unit shall adopt or amend the unit's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to establish a district in accordance with IC 36-7-30.2-20.

As added by P.L.43-2023, SEC.5.
Ind. Code § 36-1-12-13 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-13
Contract provision for payment of subcontractors, laborers, or suppliers
Status: in_force

Sec. 13. A contract for public work must contain a provision for the payment of subcontractors, laborers, material suppliers, and those performing services. The board shall withhold money from the contract price in a sufficient amount to pay the subcontractors, laborers, material suppliers, and those furnishing services.

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

As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.337-1987, SEC.3.
Ind. Code § 36-8-3-2 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-2
Powers and duties of safety boards
Status: in_force

Sec. 2. (a) The safety board of a city shall administer the police and fire departments of the city, except as provided by any statute or ordinance referred to in section 5 of this chapter.

(b) The safety board has exclusive control over all matters and property relating to the following:

(1) Police department.

(2) Fire department, fire alarms, and fire escapes.

(3) Animal shelters.

(4) Inspection of buildings.

(c) The safety board may purchase the equipment and supplies and make the repairs needed in the department of public safety.

(d) The safety board may:

(1) adopt rules for the government and discipline of the police and fire departments; and

(2) adopt general and special orders to the police and fire departments through the chiefs of the departments.

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

As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982, P.L.33, SEC.35.
Ind. Code § 36-6-6-2.2 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-2.2
Election of township board members; by voters of a district; by all township voters
Status: in_force

Sec. 2.2. (a) This subsection applies to townships in a county containing a consolidated city. The voters of each legislative body district established under section 2.5 of this chapter shall elect one (1) member of the township board.

(b) This subsection applies to townships not included in subsection (a). The voters of each township shall elect all the members of the township board.

As added by P.L.6-1994, SEC.3. Amended by P.L.170-2002, SEC.148.
Ind. Code § 36-2-5-3.7 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-3.7
Additional compensation; requirements
Status: in_force

Sec. 3.7. (a) As used in this section, "body" refers to either of the following:

(1) The county fiscal body.

(2) The county executive.

(b) As used in this section, "compensation" has the meaning set forth in section 13 of this chapter.

(c) The county fiscal body may establish a salary schedule that includes compensation for a presiding officer or secretary of a body that is greater than the compensation for other members of the body, if all of the following are satisfied:

(1) All applicable requirements in this chapter are satisfied with respect to the salary schedule that includes the additional compensation.

(2) The additional compensation is being provided because the individual holding the position of presiding officer or secretary:

(A) has additional duties; or

(B) attends additional meetings on behalf of the body;

as compared to other members of the body.

(3) The additional compensation amount applies only for time periods during which the individual serves in the capacity as presiding officer or secretary and:

(A) handles additional duties; or

(B) attends additional meetings on behalf of the body;

as compared to other members of the body.

(d) The county fiscal body may establish a salary schedule that includes a stipend, not to exceed two thousand five hundred dollars ($2,500) in a year, to be paid to the county auditor for the county auditor's duties under IC 36-2-2-11 or IC 36-2-3-6 when warranted as determined by the county fiscal body. The county fiscal body may consider factors such as:

(1) required attendance at additional meetings;

(2) meetings held outside of usual work hours;

(3) increased workload volume; or

(4) any other relevant factor as determined by the county fiscal body.

As added by P.L.257-2019, SEC.101 and P.L.209-2019, SEC.9. Amended by P.L.156-2020, SEC.137; P.L.156-2024, SEC.32.
Ind. Code § 36-7-2.5-36 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-36
Stop work orders
Status: in_force

Sec. 36. Nothing in this chapter limits a unit from issuing a stop work order for a building project or any portion of a building project:

(1) that may be effective immediately as provided by law, after giving notice and adequate opportunity to remedy the violation; and

(2) if the unit determines that a condition on the building site constitutes an immediate threat to public safety and welfare.

A stop work order issued for reasons of immediate threat to public safety and welfare may be appealed as provided by law.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-2-2-28 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-28
Appeal of decision of executive; appellant's bond; transcript of proceedings
Status: in_force

Sec. 28. (a) An appellant under section 27 of this chapter must file with the county auditor a bond conditioned on due prosecution of the appeal. The bond is subject to approval by the auditor, and it must be in an amount sufficient to provide security for court costs.

(b) Within twenty (20) days after the auditor receives the appeal bond, the auditor shall prepare a complete transcript of the proceedings of the executive related to the decision appealed from and shall deliver the transcript, all documents filed during the proceedings, and the appeal bond to the clerk of the circuit court.

[Pre-Local Government Recodification Citations: 17-1-14-25 part; 17-1-14-26.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.21.
Ind. Code § 36-7-4-607.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-607.5
Procedures for amending or partially repealing text of zoning ordinance; advisory planning
Status: in_force

Sec. 607.5. (a) ADVISORY. This section applies to a proposal, as described in section 602(b) of this chapter, to amend or partially repeal the text (not zone maps) of the zoning ordinance.

(b) ADVISORY. If the proposal is initiated by a participating legislative body instead of the plan commission, the proposal must be referred to the commission for consideration and recommendation before any final action is taken by the legislative body.

(c) ADVISORY. On receiving or initiating the proposal, the commission shall, within sixty (60) days, hold a public hearing in accordance with section 604 of this chapter. The commission shall vote on the proposal not later than sixty (60) days after the commission holds the public hearing. Within ten (10) business days after the commission determines its recommendation (if any), the commission shall certify the proposal under section 605 of this chapter.

(d) ADVISORY. The legislative body shall vote on the proposal within ninety (90) days after the plan commission certifies the proposal under section 605 of this chapter.

(e) ADVISORY. This subsection applies as follows if the proposal receives a favorable recommendation from the plan commission:

(1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this chapter (or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt, reject, or amend the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.

(2) If the legislative body adopts (as certified) or amends the proposal, it takes effect as other ordinances of the legislative body. If the legislative body rejects the proposal, further consideration of the proposal is prohibited for one (1) year after the date of the proposal's rejection.

(f) ADVISORY. This subsection applies as follows if the proposal receives either an unfavorable recommendation or no recommendation from the plan commission:

(1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this chapter (or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt, reject, or amend the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.

(2) If the legislative body adopts (as certified) or amends the proposal, it takes effect as other ordinances of the legislative body. If the legislative body rejects the proposal, further consideration of the proposal is prohibited for one (1) year after the date of the proposal's rejection.

As added by P.L.202-2025, SEC.15.
Ind. Code § 36-7-4-714 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-714
Determination required to vacate recorded covenant filed with plat
Status: in_force

Sec. 714. The vacation of all or part of a plat may include the vacation of any recorded covenants filed with the plat, but only upon a determination that:

(1) the platted area is within an area needing redevelopment and the covenant vacation would promote a recovery of property values in the area needing redevelopment by allowing or encouraging normal development and occupancy of the platted area;

(2) the covenant vacation is needed to secure for the public adequate light, air, convenience of access, or safety from fire, flood, or other danger; or

(3) the covenant vacation is needed to lessen or avoid congestion in the public ways.

As added by P.L.126-2011, SEC.24.
Ind. Code § 36-6-4-18 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-18
Designation of alternate to perform executive's duties and functions
Status: in_force

Sec. 18. (a) Within thirty (30) days after taking office, the executive shall designate a person who shall perform the executive's duties whenever the executive is incapable of performing the executive's functions because the executive:

(1) is absent from the township; or

(2) becomes incapacitated.

The executive shall give notice of the designation to the chair of the township legislative body, the county sheriff, and any other persons that the executive chooses. The designee shall have all the powers of the executive. The executive is responsible for all acts of the designee. The executive may change the designee under this section at any time.

(b) The designee shall perform the executive's duties until:

(1) the executive is no longer absent from the township; or

(2) an acting executive is appointed by the county executive under section 16 of this chapter.

(c) If the executive is unable to perform the fiscal requirements of the executive's position, the township shall hire or contract with a qualified certified public accountant to:

(1) provide guidance to the executive regarding the performance of the executive's responsibilities; or

(2) perform the executive's fiscal responsibilities.

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

As added by P.L.105-1986, SEC.3. Amended by P.L.21-2002, SEC.1; P.L.127-2017, SEC.160; P.L.58-2023, SEC.33.
Ind. Code § 36-8-4-4.5 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-4.5
Body armor for active members of police departments
Status: in_force

Sec. 4.5. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a).

(b) A city shall provide an active member of the police department of the city with body armor for the torso. The city shall replace the body armor for the torso according to the replacement period recommended by the manufacturer of the body armor for the torso.

(c) An active member of the police department of a city shall not be required to maintain the body armor for the torso furnished under this section from any annual cash allowance paid to the member under section 4(a) of this chapter.

(d) Body armor for the torso provided by a city under this section remains the property of the city. The city may sell the property when it becomes unfit for use, and all money received shall be paid into the general fund of the city.

As added by P.L.8-2009, SEC.2. Amended by P.L.34-2010, SEC.6.
Ind. Code § 36-9-27-55 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-55
Establishing new regulated drains; inspection and preliminary report by county surveyor
Status: in_force

Sec. 55. When the county surveyor has accepted a petition and marked it filed under section 54 of this chapter, the county surveyor shall make a personal inspection of the land described in the petition and file with the board a written preliminary report stating:

(1) whether the proposed drain is practicable;

(2) whether the proposed drain will improve the public health, benefit a public highway in a county or a public street in a municipality, drain the grounds of a public school, or be of public utility; and

(3) whether the costs, damages, and expenses of the proposed drain will probably be less than the benefits accruing to the owners of land likely to be benefited.

In determining whether the proposed drain is practicable, the county surveyor may consider changing the route of the proposed drain from that set forth in the petition to conform with sound engineering principles.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.344.
Ind. Code § 36-9-36-6 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-6
Incidental, inspection, and engineering costs; inclusion on assessment roll
Status: in_force

Sec. 6. (a) The incidental, inspection, and engineering costs that are authorized by the preliminary resolution and included in the estimate may be added to the cost of an improvement and included in the assessment roll in the aggregate amount to be apportioned and assessed against the benefited property.

(b) The amount of incidental, inspection, and engineering costs included in the assessment roll may not exceed the amount of the incidental, inspection, and engineering costs included in the estimate.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-2-7.5-6 — Indiana Code / Title 36 / Article 2 / Chapter 7.5 / Section 36-2-7.5-6
County identification security protection fee
Status: in_force

Sec. 6. (a) The county recorder shall charge a two dollar ($2) county identification security protection fee for recording or filing a document.

(b) The county recorder shall deposit the fee charged under subsection (a) in the following manner:

(1) One dollar ($1) shall be deposited in the county identification security protection fund established under section 11 of this chapter.

(2) One dollar ($1) shall be deposited in the county elected officials training fund established under IC 36-2-7-19.

As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.15; P.L.45-2010, SEC.4; P.L.13-2013, SEC.153; P.L.127-2017, SEC.45.
Ind. Code § 36-8-21.5-14 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-14
Department to assist in implementing plan
Status: in_force

Sec. 14. The department shall assist a county that adopts a siren coverage plan to do the following:

(1) Implement the plan.

(2) Obtain federal and other grants to enable the county to implement the plan.

As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.173.
Ind. Code § 36-4-12-6 — Indiana Code / Title 36 / Article 4 / Chapter 12 / Section 36-4-12-6
Political activity
Status: in_force

Sec. 6. A city manager may not campaign for or against a candidate for the city legislative body and may not participate in partisan political activities that would impair the city manager's performance as a professional administrator.

As added by P.L.10-1997, SEC.32.
Ind. Code § 36-1-8.5-4.3 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-4.3
"Program participant"
Status: in_force

Sec. 4.3. As used in this chapter, "program participant" has the meaning set forth in IC 5-26.5-1-6.

As added by P.L.180-2023, SEC.2.
Ind. Code § 36-7-23-47 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-47
Audit of funds and accounts
Status: in_force

Sec. 47. The funds and accounts of the authority are subject to audit by the state board of accounts.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.181-2015, SEC.48.
Ind. Code § 36-2-12-8 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-8
Supervision of surveying and civil engineering work; appointment of civil engineer
Status: in_force

Sec. 8. (a) If the surveyor is a competent civil engineer, the surveyor shall plan and supervise all surveying and civil engineering work of the county under the direction of the county executive.

(b) If the surveyor is not a competent civil engineer, the county executive shall appoint a competent civil engineer for each surveying or civil engineering project that the executive orders or receives a petition for. If the executive refuses to appoint such an engineer for a project, the surveyor is entitled to a hearing in the circuit or superior court of the county to determine the surveyor's competence to perform the project. The order of the court under this section is final and conclusive.

[Pre-Local Government Recodification Citation: 17-3-58-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.88.
Ind. Code § 36-9-23-37 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-37
Memorandum of understanding between municipality and storm water board to provide storm water management services
Status: in_force

Sec. 37. (a) As used in this section:

(1) "service" means:

(A) imposing fees; and

(B) otherwise exercising powers;

to provide storm water management services; and

(2) "storm water board" refers to a board defined in IC 8-1.5-5-2.

(b) This section applies only if actions of:

(1) a board under section 36 of this chapter; and

(2) a storm water board under IC 8-1.5-5;

are pending at the same time to service the same area outside a municipality's corporate boundaries.

(c) The board and the storm water board must negotiate the adoption by the board and the storm water board of a memorandum of understanding that permits only the board or only the storm water board to service the area referred to in subsection (b). Neither the board nor the storm water board may service the area before a memorandum of understanding is adopted under this subsection. The entity designated to service the area in the memorandum of understanding may finalize the entity's action referred to in subsection (b). The entity not designated to service the area in the memorandum of understanding must terminate the entity's action referred to in subsection (b).

As added by P.L.114-2008, SEC.32.
Ind. Code § 36-9-43-6 — Indiana Code / Title 36 / Article 9 / Chapter 43 / Section 36-9-43-6
Powers
Status: in_force

Sec. 6. (a) A regional development authority may do the following:

(1) Apply for federal funds from any of the following:

(A) A federal grant award under 23 U.S.C. 117 for nationally significant freight and highway projects (commonly known as "FASTLANE" grants).

(B) A federal grant award that is authorized to be made directly to the authority under any other federal grant program with a transportation infrastructure component.

(2) Negotiate the terms of and enter into a supplemental funding agreement with the Indiana department of transportation or a political subdivision. Negotiation under this subsection may include the execution of a preliminary memorandum of understanding.

(3) Issue bonds or enter into leases as provided in IC 36-7.5 or IC 36-7.6 (as appropriate) for the purposes set forth in this chapter.

(b) A regional development authority may do all acts or things necessary or proper to carry out this chapter.

As added by P.L.229-2017, SEC.43.
Ind. Code § 36-7-15.5-24 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-24
Advisory board
Status: in_force

Sec. 24. (a) The commission may establish and select the members of an advisory board to assist the commission in governing the improvement and maintenance district. The commission shall determine:

(1) the size and composition of the board; and

(2) the powers and duties of the board.

(b) More than one-half (1/2) of the members of the board must be property owners in the improvement and maintenance district.

As added by P.L.194-1988, SEC.1.
Ind. Code § 36-8-3.5-11 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-11
Department members; tenure; chief; appointment and qualifications
Status: in_force

Sec. 11. (a) The commission may appoint and remove members of the department, except for a member in an upper level policymaking position. The executive of the unit or the governing board shall appoint and may remove a member in an upper level policymaking position.

(b) The chief of a fire department shall be selected from the members of the department, and the chief must have at least five (5) years service in the department before the chief's appointment. These requirements may be waived by a majority vote of the:

(1) unit's legislative body upon request of the unit's executive; or

(2) governing board.

However, the chief must still have at least five (5) years service in a full-time, paid fire department or agency.

(c) To be appointed chief or deputy chief of a police department, an applicant must meet the qualifications in IC 36-8-4-6.5.

(d) The removal of a member from an upper level policymaking position is removal from rank only and not from the department. When the member is removed, the member shall be appointed by the commission to the rank in the department that the member held at the time of the member's upper level appointment or to any rank to which the member had been promoted during the member's tenure in the upper level position. If such a rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.348-1987, SEC.1; P.L.127-2017, SEC.229; P.L.207-2023, SEC.19.
Ind. Code § 36-7-11.2-31 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-31
Regular meetings
Status: in_force

Sec. 31. (a) The rules and regulations of the commission must specify a particular time on a particular day of the week in a particular week of the month for holding regular meetings to consider any matters properly coming before the commission. Except as provided in subsection (b), the commission shall regularly meet at the designated time, if there is any matter requiring consideration or determination as specified in this chapter.

(b) The commission may designate in the rules and regulations July or August as a vacation month during which the commission will not hold a regular meeting despite the existence of matters requiring consideration or determination. A person desiring the commission to consider or determine any matter that is within the commission's jurisdiction under this chapter must, at least thirty (30) days before a regular meeting date of the commission upon which the person desires the commission to determine or consider the matter, file with the commission a petition that does the following:

(1) Specifies in detail the matter the petitioner desires the commission to consider or determine.

(2) Requests that the matter be placed upon the commission's docket for matters to be considered and determined at the meeting.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-4-802 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-802
Improvement location permit; authority to issue
Status: in_force

Sec. 802. (a) ADVISORY. The ordinance may designate the official or employee of the municipality or county who may issue improvement location permits within the jurisdiction of the advisory plan commission and in conformance with the zoning ordinance.

(b) AREA. The authority to issue the improvement location permit and the occupancy permit may be delegated by the ordinance to the area plan commission or to other appropriate officers of the county or municipality. If the authority is delegated in part to officers of a municipality, they may not issue permits for structures to be erected outside the corporate boundaries of the municipality.

(c) METRO. The metropolitan development commission shall issue improvement location permits and occupancy permits. The commission may delegate this duty to any municipal or county officers.

[Pre-Local Government Recodification Citations: 18-7-2-57 part; 18-7-4-802; 18-7-4-63 part; 18-7-5-56 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.26.
Ind. Code § 36-9-40-23 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-23
Assessment due date; interest on delinquent assessment
Status: in_force

Sec. 23. (a) The entire assessment is payable in cash without interest not later than thirty (30) days after the approval of the assessment by the works board if an agreement has not been signed and filed under section 22 of this chapter.

(b) If the assessment is not paid when due, the total assessment becomes delinquent and bears interest at the rate prescribed by IC 6-1.1-37-9 per year from the date of the final acceptance of the completed system by the works board.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-8-6-1.9 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-1.9
Administration of fund
Status: in_force

Sec. 1.9. The 1925 fund shall be administered in a manner that is consistent with the Americans with Disabilities Act, to the extent required by the Act.

As added by P.L.4-1992, SEC.33.
Ind. Code § 36-6-8-8 — Indiana Code / Title 36 / Article 6 / Chapter 8 / Section 36-6-8-8
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-4-27.5-2; 17-4-27.5-3; 17-4-27.5-4; 17-4-27.7-1; 17-4-27.7-2; 17-4-27.7-3.]

As added by Acts 1980, P.L.212, SEC.5. Repealed by Acts 1980, P.L.125, SEC.32.
Ind. Code § 36-7-11.3-54 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-54
Conditions for erection of new structure on primary property
Status: in_force

Sec. 54. A new structure may not be erected upon a parcel of primary property and an existing structure upon the property may not be altered if the structure would do any of the following:

(1) Permit a residential usage that, in relation to the parcel upon which situated, would be of a substantially greater density than the average residential density of primary property lying within one thousand (1,000) feet of the property in question, excluding for purposes of determining the average primary property used for multiple family residential or commercial purposes.

(2) Appear substantially smaller or larger in size and scale than the average size and scale of the single and double family residential dwellings situated upon primary property lying within one thousand (1,000) feet of the property in question.

(3) Have a set-back from the primary area significantly less than the average set-back of structures facing upon the primary area that are situated upon primary property lying within one thousand (1,000) feet of the property in question.

(4) Have side lots measuring less than fifteen (15) feet from the property line of the subject property to the wall of the structure erected or altered.

(5) If primarily a residential dwelling, have a ground floor area of less than two thousand (2,000) square feet or forty percent (40%) of the total area of the parcel of land upon which the dwelling lies, whichever is less.

(6) Including all other structures upon the parcel, have a total ground floor area greater than fifty percent (50%) of the total area of the parcel of land upon which the structure lies.

(7) Substantially encroach upon the view and exposure of a residential structure on a neighboring property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-16.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-14-3 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-3
Redevelopment departments and commissions; creation; taxing districts; oversight
Status: in_force

Sec. 3. (a) A unit may establish a department of redevelopment controlled by a board of five (5) members to be known as "__________ Redevelopment Commission", designating the name of the municipality or county. However, in the case of a county, the county executive may adopt an ordinance providing that the county redevelopment commission consists of seven (7) members.

(b) A redevelopment commission and a department of redevelopment are subject to oversight by the legislative body of the unit, including a review by the legislative body of the commission's and department's annual budget. A redevelopment commission and a department of redevelopment are:

(1) subject to audit by the state board of accounts under IC 5-11;

(2) covered by IC 5-14-1.5 (the public meetings law); and

(3) covered by IC 5-14-3 (the public records law).

(c) Subject to section 3.5 of this chapter, all of the territory within the corporate boundaries of a municipality constitutes a taxing district for the purpose of levying and collecting special benefit taxes for redevelopment purposes as provided in this chapter. Subject to section 3.5 of this chapter, all of the territory in a county, except that within a municipality that has a redevelopment commission, constitutes a taxing district for a county.

(d) All of the taxable property within a taxing district is considered to be benefited by redevelopment projects carried out under this chapter to the extent of the special taxes levied under this chapter.

[Pre-Local Government Recodification Citations: 18-7-7-4 part; 18-7-7.1-3 part.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.35-1990, SEC.51; P.L.190-2005, SEC.6; P.L.149-2014, SEC.3.
Ind. Code § 36-7-39-7 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-7
Vacancies
Status: repealed

Sec. 7. If a vacancy occurs among the appointed membership of the commission, the vacancy shall be filled for the unexpired term in the same manner and under the same conditions as the original appointment.

As added by P.L.58-2021, SEC.1.
Ind. Code § 36-1-10-18 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-18
Tax exemption of leased structures, systems, and transportation projects; taxation of rental paid lessor
Status: in_force

Sec. 18. Structures, transportation projects, and systems leased by a lessor contracting with the political subdivision or agency under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of a lease is subject to taxation.

[Pre-Local Government Recodification Citation: 18-5-3.3-10.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.19; P.L.343-1989(ss), SEC.21.
Ind. Code § 36-7-4-917 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-917
Board of zoning appeals; appropriations
Status: in_force

Sec. 917. The fiscal body of the municipality or county, as the case may be, may appropriate under section 308 of this chapter such amounts as are necessary to carry out the duties of the board of zoning appeals.

[Pre-Local Government Recodification Citations: 18-7-4-917; 18-7-4-75; 18-7-5-79.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.9.
Ind. Code § 36-5-6.5-2 — Indiana Code / Title 36 / Article 5 / Chapter 6.5 / Section 36-5-6.5-2
Adoption of ordinance to establish office of town controller
Status: in_force

Sec. 2. The town legislative body may adopt an ordinance to establish the office of town controller to be appointed by the legislative body.

As added by P.L.56-2022, SEC.9.
Ind. Code § 36-7-26-3 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-3
"Adjustment factor" defined
Status: in_force

Sec. 3. As used in this chapter, "adjustment factor" means the amount, stated as a percentage, that the board determines under section 22 of this chapter should be applied in determining the district's net increment. However, the adjustment factor may not exceed eighty percent (80%).

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-9-3-33 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-33
Regulation by department of state revenue; administrative appeals and judicial review
Status: in_force

Sec. 33. (a) This section does not apply to interurban or interstate public transportation service.

(b) Service provided by the authority within the territory of the authority is exempt from regulation by the department of state revenue under IC 8-2.1. This exemption applies to transportation services provided by the authority directly or by grants or purchase of service agreements.

(c) Service provided by the authority by contract or service agreements outside the territory of the authority is subject to regulation by the department of state revenue under IC 8-2.1.

(d) The department of state revenue shall hear appeals concerning any regulatory action of the authority concerning service and rates, and, after making a finding based on the requirements of IC 8-2.1, issue an appropriate order. Judicial review of the commission decision may be obtained in the manner prescribed by IC 4-21.5-5.

As added by P.L.99-1989, SEC.34.
Ind. Code § 36-12-3-4 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-4
Establishment of libraries, branches, or stations; museum
Status: in_force

Sec. 4. (a) The library board may establish a sufficient number of:

(1) libraries;

(2) branch libraries; or

(3) stations;

that are conveniently located to serve the residents of the library district within the resources available.

(b) The library board may provide suitable rooms, structures, facilities, furniture, apparatus, and other articles necessary for the thorough organization and efficient management of the libraries.

(c) The library board may provide for the establishment and operation of a museum to serve the residents of the library district.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-6.5-5 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-5
Filing and notice of resolution
Status: in_force

Sec. 5. The resolution, plans and estimates, and all other matters included with the resolution shall be filed and opened to inspection by the public at the office of the department. The department shall give notice of:

(1) the adoption and general purport of the resolution;

(2) the fact that the resolution, and included material, have been prepared and are on file in the office of the department and can be inspected;

(3) that the board will on a date named receive and hear objections from any person interested in or who will be affected by the resolution.

The notice shall be published in accordance with IC 5-3-1.

As added by Acts 1982, P.L.77, SEC.12.
Ind. Code § 36-9-6-5 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-5
Approval of plats
Status: in_force

Sec. 5. The works board may approve plats under IC 36-7-3-3(d).

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-7-18-5 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-5
Commissioners; appointment
Status: in_force

Sec. 5. (a) After the fiscal body of a unit adopts a resolution under section 4 of this chapter, persons shall be appointed as commissioners of the housing authority in the following manner:

(1) In a city, the fiscal body shall promptly notify the city executive of the adoption of the resolution. The executive shall then appoint seven (7) persons, one (1) of whom must be a resident of a housing project under the jurisdiction of the housing authority, no more than four (4) of whom may be of the same political party, as commissioners of the housing authority.

(2) In a town or county, the fiscal body shall appoint seven (7) persons, one (1) of whom must be a person directly assisted by the housing authority, no more than four (4) of whom may be of the same political party, as commissioners of the housing authority.

(b) Subsequent appointments to the authority shall be made in the same manner.

(c) A commissioner of a housing authority must be a resident of the area in which the housing authority has jurisdiction as provided in section 41 of this chapter.

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

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.340-1985, SEC.1; P.L.229-2001, SEC.1.
Ind. Code § 36-7.6-3-1 — Indiana Code / Title 36 / Article 7.6 / Chapter 3 / Section 36-7.6-3-1
Duties
Status: in_force

Sec. 1. A development authority shall do the following:

(1) Assist in the coordination of local efforts concerning projects that are of regional importance.

(2) Assist a county, a municipality, a commuter transportation district, an airport authority, and a regional transportation authority in coordinating regional transportation and economic development efforts.

(3) Fund projects that are of regional importance, as provided in this article.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-1-24-10 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-10
Enforcement of laws that regulate, prohibit, or limit short term rentals
Status: in_force

Sec. 10. A unit may enact or enforce a law or plan that regulates, prohibits, or limits short term rentals only for the following primary purposes:

(1) Protection of the public's health and safety related to:

(A) fire and building safety;

(B) sanitation;

(C) transportation;

(D) traffic control; and

(E) pollution control;

if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals.

(2) Residential use and zoning related to:

(A) noise;

(B) protection of welfare;

(C) property maintenance; and

(D) nuisance issues;

if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals.

(3) To limit or prohibit use of short term rentals for the following purposes:

(A) To house sex offenders.

(B) To operate a structured sober living home.

(C) To manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity.

(D) To operate an adult entertainment establishment (as defined in IC 12-7-2.1-7).

(4) To limit or prohibit short term rentals located within the boundaries of a conservancy district established under IC 14-33.

(5) To provide the unit with an emergency contact for a short term rental.

As added by P.L.73-2018, SEC.1. Amended by P.L.145-2026, SEC.245.
Ind. Code § 36-7.7-6-1 — Indiana Code / Title 36 / Article 7.7 / Chapter 6 / Section 36-7.7-6-1
Regional strategy fund
Status: in_force

Sec. 1. (a) A strategy committee shall establish and administer a regional strategy fund.

(b) A regional strategy fund consists of the following:

(1) Any payments required under an interlocal agreement for a project that specifically states:

(A) the amount for which each member is responsible; and

(B) the term of the agreement.

The transfers allowed by this subdivision may be made from any local revenue of the county or municipality, including property tax revenue, distributions, incentive payments, money deposited in the county's or municipality's local major moves construction fund under IC 8-14-16, money received by the county or municipality under a development agreement (as defined by IC 36-1-8-9.5), or any other local revenue that is not otherwise restricted by law or committed for the payment of other obligations.

(2) Money received from the federal government.

(3) Gifts, contributions, donations, and private grants made to the fund.

(4) Money transferred to the development authority under an interlocal agreement.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-9-14.5-3 — Indiana Code / Title 36 / Article 9 / Chapter 14.5 / Section 36-9-14.5-3
Repealed
Status: repealed

As added by P.L.44-1984, SEC.16. Repealed by P.L.17-1995, SEC.45.