Ind. Code § 36-7-13-2.4 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-2.4
"Gross retail base period amount"
Status: in_force

Sec. 2.4. Except as provided in section 10.7(c) of this chapter, as used in this chapter, "gross retail base period amount" means:

(1) the aggregate amount of state gross retail and use taxes remitted under IC 6-2.5 by the businesses operating in the territory comprising a district during the full state fiscal year that precedes the date on which:

(A) an advisory commission on industrial development adopted a resolution designating the district, in the case of a district that is not described in section 12(c) of this chapter; or

(B) the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter;

(2) an amount equal to:

(A) the aggregate amount of state gross retail and use taxes remitted:

(i) under IC 6-2.5 by the businesses operating in the territory comprising a district; and

(ii) during the month in which an advisory commission on industrial development adopted a resolution designating the district; multiplied by

(B) twelve (12);

in the case of a district that is described in section 12(c) of this chapter; or

(3) an amount equal to the amount determined under subdivision (1) or (2); plus:

(A) the aggregate amount of state gross retail and use taxes remitted:

(i) under IC 6-2.5 by the businesses operating in the territory added to the district; and

(ii) during the month in which a petition to modify the district's boundaries is approved by the budget agency under section 12.5 of this chapter; multiplied by

(B) twelve (12);

in the case of a district modified under section 12.5 of this chapter.

As added by P.L.125-1998, SEC.5. Amended by P.L.138-1999, SEC.1; P.L.174-2001, SEC.2; P.L.178-2002, SEC.116; P.L.81-2004, SEC.31 and P.L.90-2004, SEC.4.
Ind. Code § 36-12-4-3 — Indiana Code / Title 36 / Article 12 / Chapter 4 / Section 36-12-4-3
Planning committee; plan for merger; adoption
Status: in_force

Sec. 3. (a) Not more than thirty (30) days after a resolution calling for the planning of a merger is signed under section 2 of this chapter, each library board seeking to merge under this chapter shall appoint three (3) individuals to serve on a planning committee to develop a plan for the merger of the libraries.

(b) The plan for the merger must include the following information:

(1) A designation of the primary library that:

(A) is one (1) of the libraries seeking to merge; and

(B) will continue to exist as a legal entity following the merger.

(2) A description of the services to be offered by the merged library.

(3) The terms and conditions upon which the transfer of property among the merging libraries will be achieved.

(4) A schedule for the merger process to begin and conclude.

(5) Any other pertinent matter.

(c) The plan must be completed not later than one (1) year from the date that the resolution calling for the planning of the merger is signed.

(d) Upon completion of the plan described in subsection (b), the plan shall be presented to the library board of each merging library for adoption.

(e) A merger is not considered final unless a majority of the membership of each library board adopts the plan by written resolution.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-4-2.1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-2-9 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-9
Watercourses; channel alterations
Status: in_force

Sec. 9. A unit may change the channel of, dam, dredge, remove an obstruction in, straighten, and widen a watercourse.

[Pre-Local Government Recodification Citations: 18-1-1.5-9(f); 18-3-1-46 part; 18-4-2-22 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-10-8-1 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties not having a consolidated city.

As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.16-1983, SEC.22.
Ind. Code § 36-8-7-10 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-10
Investment of funds
Status: in_force

Sec. 10. (a) The local board shall determine how much of the 1937 fund may be safely invested and how much should be retained for the needs of the fund. Investments are restricted to the following:

(1) Interest bearing direct obligations of the United States or of the state or bonds lawfully issued by an Indiana political subdivision. The securities shall be deposited with and must remain in the custody of the treasurer of the local board, who shall collect the interest on them as it becomes due and payable.

(2) Savings deposits or certificates of deposit of a chartered national, state, or mutual bank whose deposits are insured by a federal agency. However, deposits may not be made in excess of the amount of insurance protection afforded a member or investor of the bank.

(3) Shares of a federal savings association organized under 12 U.S.C. 1461, as amended, and having its principal office in Indiana, or of a savings association organized and operating under Indiana statutes whose accounts are insured by a federal agency. However, shares may not be purchased in excess of the amount of insurance protection afforded a member or investor of the association.

(4) An investment made under IC 5-13-9.

(b) All securities must be kept on deposit with the unit's fiscal officer, who shall collect all interest due and credit it to the 1937 fund.

(c) The fiscal officer shall keep a separate account of the 1937 fund and shall fully and accurately set forth a statement of all money received and paid out by the fiscal officer. The fiscal officer shall, on the first Monday of January and June of each year, make a report to the local board of all money received and distributed by the fiscal officer. The president of the local board shall execute the officer's bond in the sum that the local board considers adequate, conditioned that the fiscal officer will faithfully discharge the duties of the fiscal officer's office and faithfully account for and pay over to the persons authorized to receive it all money that comes into the fiscal officer's hands by virtue of the fiscal officer's office. The bond and sureties must be approved by the local board and filed with the executive of the unit. The local board shall make a full and accurate report of the condition of the 1937 fund to the unit's fiscal officer on the first Monday of February in each year.

(d) All securities that were owned by and held in the name of the local board on January 1, 1938, shall be held and kept for the local board by the unit's fiscal officer until they mature and are retired. However, if an issue of the securities is refunded, the local board shall accept refunding securities in exchange for and in an amount equal to the securities refunded. All money received by the local board for the surrender of matured and retired securities shall be paid into and constitutes a part of the 1937 fund of the unit, as provided in section 8 of this chapter.

(e) Investments under this section are subject to section 2.5 of this chapter.

[Pre-Local Government Recodification Citation: 19-1-37-12 part.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.55-1989, SEC.53; P.L.79-1998, SEC.109; P.L.35-1999, SEC.9; P.L.173-2003, SEC.34; P.L.127-2017, SEC.251.
Ind. Code § 36-7-4-217 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-217
Membership of commission; term of certain appointees
Status: in_force

Sec. 217. ADVISORY─AREA. The term of office of a member (who is appointed from the membership of a legislative body, a park board, or the advisory council on town affairs) is coextensive with the member's term of office on that body, board, or council, unless that body, board, or council appoints, at its first regular meeting in any year, another to serve as its representative.

[Pre-Local Government Recodification Citations: 18-7-4-217; 18-7-4-12; 18-7-5-7 part; 18-7-5-12 part.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-9-31-21 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-21
Effect of chapter; issuance of bonds; acts authorized; powers conferred
Status: in_force

Sec. 21. This chapter constitutes full authority for the issuance of bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things, by a board, officer, commission, department, agency, or instrumentality of the state is required to issue bonds or to do any act or perform anything under this chapter except as prescribed by this chapter. The powers conferred by this chapter are in addition to, and not in substitution for, and the limitations imposed by this chapter do not affect, the powers conferred by any other statute.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-10-3-12 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-12
Board of park and recreation; public or private sale of personal property declared to be surplus
Status: in_force

Sec. 12. The board may sell, or order sold through a designated representative, by public or private sale, any personal property that the board has declared to be surplus at a regular or special meeting and has declared to have an aggregate appraised value of five thousand dollars ($5,000) or less. Whenever the board decides to sell at a private sale, the board must employ a qualified appraiser to determine a reasonable selling price for each kind of surplus item and must publish, in the manner provided in IC 5-3-1:

(1) the fact that a private sale will be held;

(2) the location of the sale;

(3) the dates of the beginning and end of the sale;

(4) the time of day during which the sale will take place;

(5) the kinds of items to be sold at the sale; and

(6) the price of each kind of item, which may not be less than the reasonable selling price determined by the qualified appraiser.

If the board decides to sell at a public sale, the board shall conduct the sale in the manner provided by law for the unit.

[Pre-Local Government Recodification Citation: 19-7-4-21(16).]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-3-3-1 — Indiana Code / Title 36 / Article 3 / Chapter 3 / Section 36-3-3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each consolidated city and its county.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-10-4-6 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-6
Extended districts in certain counties; board of park commissioners; term; vacancy
Status: in_force

Sec. 6. (a) This section applies whenever a district is extended under section 5 of this chapter and the district is not located in a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).

(b) After the district is extended under section 5 of this chapter, the board consists of five (5) commissioners. Two (2) commissioners shall be appointed by the city executive, two (2) commissioners shall be appointed by the county executive of the county in which the city is located, and one (1) commissioner shall be appointed by a majority vote of the presidents of the school boards of the school corporations in the county in which the city is located. The commissioners appointed by the county executive must be residents of the area of the district outside the corporate boundaries of the city. The commissioners appointed by the county executive may not be members of the same political party, and the commissioners appointed by the city executive may not be members of the same political party.

(c) A commissioner of an extended district may hold office for an unlimited number of terms.

(d) After the initial terms have expired, all of the commissioners after the extension of the district shall be appointed for terms of four (4) years, beginning on January 1. The terms of office of the three (3) commissioners in office at the time of the extension terminate January 1, and the terms of office of the new commissioners begin January 1. The city executive shall appoint one (1) commissioner for an initial term of two (2) years and one (1) for an initial term of four (4) years. The county executive shall appoint two (2) commissioners, one (1) commissioner for an initial term of two (2) years and the other commissioner for an initial term of four (4) years. The presidents of the school boards shall appoint one (1) commissioner for an initial term of four (4) years.

(e) A vacancy in the office of a commissioner shall be filled for the remainder of the term by the appointing authority.

[Pre-Local Government Recodification Citation: 19-7-30-4 part.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.12; P.L.358-1987, SEC.4; P.L.12-1992, SEC.191; P.L.170-2002, SEC.172; P.L.119-2012, SEC.236; P.L.104-2022, SEC.218.
Ind. Code § 36-4-8-2 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-2
Warrants; conditions and purposes of issuance
Status: in_force

Sec. 2. Money may be paid out of the city treasury only on warrant of the city fiscal officer. Unless a statute provides otherwise, the fiscal officer may draw a warrant against a fund of the city only if:

(1) an appropriation has been made for that purpose and the appropriation is not exhausted;

(2) the warrant is for a salary fixed by statute or ordinance;

(3) the warrant is for a claim allowed under section 5 of this chapter;

(4) the fiscal officer is ordered to issue the warrant under section 3 of this chapter;

(5) the warrant is for payment of a judgment that the city must pay; or

(6) the warrant is for interest due on city bonds.

[Pre-Local Government Recodification Citations: 18-1-4-4; 18-1-6-11 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.26; P.L.127-2017, SEC.130.
Ind. Code § 36-8-2.1-2 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-2
"Interview"
Status: in_force

Sec. 2. As used in this chapter, "interview" means a mandatory discussion to determine facts surrounding a complaint or an internal investigation.

As added by P.L.271-2019, SEC.1.
Ind. Code § 36-7-14-43 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-43
Rights, powers, privileges, and immunities exercisable by commission in economic development area; fiscal or legislative body authorization; conditions
Status: in_force

Sec. 43. (a) All of the rights, powers, privileges, and immunities that may be exercised by the commission in a redevelopment project area or urban renewal area may be exercised by the commission in an economic development area, subject to the following:

(1) The content and manner of exercise of these rights, powers, privileges, and immunities shall be determined by the purposes and nature of an economic development area. A right, power, privilege, or immunity that pertains to issuing bonds or incurring an obligation may not be exercised by a redevelopment commission unless it is first specifically authorized by the fiscal or legislative body of the unit, whichever applies, regardless of any other law.

(2) Real property (or interests in real property) relative to which action is taken in an economic development area is not required to meet the conditions described in IC 36-7-1-3.

(3) The special tax levied in accordance with section 27 of this chapter may be used to carry out activities under this chapter in economic development areas.

(4) Bonds may be issued in accordance with section 25.1 of this chapter to defray expenses of carrying out activities under this chapter in economic development areas if no other revenue sources are available for this purpose.

(5) The tax exemptions set forth in section 37 of this chapter are applicable in economic development areas.

(6) An economic development area may be an allocation area for the purposes of distribution and allocation of property taxes.

(b) The content and manner of discharge of duties set forth in section 11 of this chapter shall be determined by the purposes and nature of an economic development area.

As added by P.L.192-1988, SEC.2. Amended by P.L.185-2005, SEC.23; P.L.146-2008, SEC.740; P.L.149-2014, SEC.19.
Ind. Code § 36-7-13-1 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all units except townships.

[Pre-Local Government Recodification Citation: 18-7-14-2 part.]

As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.75; P.L.262-1993, SEC.1.
Ind. Code § 36-5-2-1 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all towns.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-9-32-5 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-5
Public improvements connected to an existing system; payment of bonds; letting of contracts; ownership or operation of improvements
Status: in_force

Sec. 5. (a) If a public improvement financed under this chapter is connected to a system, the public improvement becomes a part of the existing system. Any person entering into a loan agreement with a municipality under this chapter shall pay rates and charges or fees for the use of that system in the same manner any other member of the general public is required to pay such rates and charges or fees. The municipality may not establish rates and charges or fees for the use of that system that include a revenue requirement for payment of principal and interest on bonds issued under this chapter. Bonds issued under this chapter are payable solely from revenues derived from notes or other secured or unsecured obligations of any person entering into a loan agreement with a municipality under this chapter, or from other sources of principal and interest payments under this chapter, and not from revenues of the system.

(b) Contracts for public improvements under this chapter shall be let in accordance with statutes relating to public works and public purchases.

(c) Public improvements may be financed under this chapter even if the municipality building or acquiring those improvements will not own or operate those improvements, so long as the public improvements will be owned or operated by a political subdivision.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-2-4-9 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-9
Recording of ordinance; effect
Status: in_force

Sec. 9. Within a reasonable time after an ordinance is adopted, the county auditor shall record it in a book kept for that purpose. The record must include the signature of the presiding officer and the attestation of the auditor. The record, or a certified copy of the record, is presumptive evidence that the ordinance was adopted and took effect.

[Pre-Local Government Recodification Citation: 17-2-2.5-8 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-11.3-28 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-28
Evidence filed by person with interests adverse to petitioner
Status: in_force

Sec. 28. The commission may, before a hearing on a petition filed with the commission, require the person filing the petition or a person whose interests appear adverse to those of the petitioner to file with the commission before the hearing the following:

(1) Maps, plot plans, structural drawings and specifications, landscaping plans, floor plans, elevations, cross-sectional plans, architectural renderings, diagrams, or any other technical or graphic materials.

(2) Additional information concerning the petitioner's or the adverse person's intentions or interest with respect to primary or secondary property.

(3) Any other additional information that the commission considers relevant to the matters concerning the petition.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-8.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-9-1-5 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-5
"Utility regulatory commission"
Status: in_force

Sec. 5. "Utility regulatory commission" means the Indiana utility regulatory commission.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.71. Amended by P.L.23-1988, SEC.118.
Ind. Code § 36-12-2-20 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-20
Removal of member; vacancy
Status: in_force

Sec. 20. (a) A library board member may be removed at any time by the appointing authority, after public hearing, for any cause:

(1) that interferes with the proper discharge of the member's duties as a member of the board; or

(2) that jeopardizes public confidence in the member.

(b) A vacancy occurs whenever a member is absent from six (6) consecutive regular board meetings for any cause other than illness. The appointing authority shall be notified by the secretary of the board of a vacancy.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-2-12-2 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-2
Residence; term of office
Status: in_force

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

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

[Pre-Local Government Recodification Citations: 17-3-1-1 part; 17-3-58-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.547.
Ind. Code § 36-1.5-4.1-15 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-15
Joint board members
Status: in_force

Sec. 15. (a) A joint board shall consist of the following:

(1) Two (2) members of the township board of each township participating in the reorganization, selected by the members of the township board.

(2) Four (4) members of the legislative body of the designated municipality, selected by the members of the body.

(3) The township trustee of each township participating in the reorganization.

(4) The deputy township trustee or a full-time township employee of each township participating in the reorganization.

The fiscal officer of the designated municipality, and other members of the bodies under subdivisions (1) and (2), shall serve as advisory, nonvoting members.

(b) A majority of the voting members constitutes a quorum. Official action may only be taken by affirmative vote of at least a majority of members present at the meeting.

(c) The members of a joint board serve without compensation. The members are entitled to reimbursement from the reorganizing township and recipient municipality for the necessary expenses incurred in the performance of their duties.

(d) A joint board is subject to IC 5-14-1.5 and IC 5-14-3.

(e) The joint board shall prepare a reorganization plan not later than March 1, 2028, for transferring the powers, duties, and property of the designated township consistent with this chapter. The joint board shall send the plan to the legislative body of the recipient municipality for adoption.

(f) The legislative body of the recipient municipality may adopt the plan as drafted or modify the plan before adoption.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-4-11-1 — Indiana Code / Title 36 / Article 4 / Chapter 11 / Section 36-4-11-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to second and third class cities.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.52.
Ind. Code § 36-2-6.5-4 — Indiana Code / Title 36 / Article 2 / Chapter 6.5 / Section 36-2-6.5-4
Adoption of bylaws and rules
Status: in_force

Sec. 4. (a) The members may adopt the bylaws and rules that the members consider necessary for the proper conduct of their duties and the safeguarding of the funds entrusted to their care. A majority of the members constitutes a quorum, and the affirmative vote of a majority of the members appointed to the board is necessary to authorize any action.

(b) The members of the local board shall elect one (1) of the members as president and one (1) member as treasurer to perform the duties of those offices.

As added by P.L.232-2025, SEC.31.
Ind. Code § 36-7-7-5 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-5
Officers; meetings; notice; rules; record of proceedings; quorum
Status: in_force

Sec. 5. (a) At its first regular meeting in each year the commission shall elect from its members a chair, vice chair, secretary, and a treasurer, not more than two (2) of whom may be from the same county. If the region is divided into subregions under section 10 of this chapter, there must be at least one (1) officer from each subregion. The vice chair may act as chair during the absence or disability of the chair.

(b) The commission shall fix the time and place for holding regular meetings, but it shall meet at least quarterly and at such other times as may be established by the commission or the executive board. Special meetings of the commission may be called by the chair or by five (5) members of the commission upon written request to the secretary. The secretary shall send to all the members at least forty-eight (48) hours in advance of a special meeting a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting, or if all the members are present at the special meeting. Notice of any meeting may be waived by a member by a written waiver filed with the secretary.

(c) The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which is a public record.

(d) A majority of members constitutes a quorum. An action of the commission is official, however, only if it is authorized by a majority of the commission at a regular or properly called special meeting with at least one (1) member from each county in the region present.

[Pre-Local Government Recodification Citations: 18-7-1.1-4(d), (f), (g), (h); 18-7-1.1-5(d).]

As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981, P.L.310, SEC.64; P.L.127-2017, SEC.179.
Ind. Code § 36-1.5-4.1-11 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-11
"Township services district levy"
Status: in_force

Sec. 11. As used in this chapter, "township services district levy" means the budget, tax rate, and tax levy imposed by the recipient municipality within the boundaries of a township services district.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-9-14.5-1 — Indiana Code / Title 36 / Article 9 / Chapter 14.5 / Section 36-9-14.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

As added by P.L.44-1984, SEC.16.
Ind. Code § 36-8-11-20 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-20
Indebtedness incurred before establishment of district
Status: in_force

Sec. 20. A unit that incurred indebtedness for fire protection services before the establishment of a fire protection district under this chapter shall continue to repay that indebtedness by levies within the boundaries of the unit until the indebtedness is paid in full.

[Pre-Local Government Recodification Citation: 19-1-45-22.]

As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-9-24-9 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-9
Limitations on actions to contest leases
Status: in_force

Sec. 9. An action to contest the validity of a lease under this chapter, or to enjoin the performance of any of the terms and conditions of such a lease, may not be instituted later than:

(1) thirty (30) days after publication of notice under section 8(a) of this chapter; or

(2) if a petition has been filed with the utility regulatory commission or the court twenty (20) days after the decision of the commission or the court.

[Pre-Local Government Recodification Citation: 19-2-5.5-8 part.]

As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.23-1988, SEC.127; P.L.186-1988, SEC.6.
Ind. Code § 36-7-14.5-23 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-23
Tax-exempt status of authority property and bonds
Status: in_force

Sec. 23. All:

(1) property owned by the authority;

(2) revenues of the authority; and

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

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

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.21-1990, SEC.53; P.L.254-1997(ss), SEC.30; P.L.79-2017, SEC.81.
Ind. Code § 36-9-37-19 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-19
Notice of default on installment payments
Status: in_force

Sec. 19. (a) If a person defaults in the payment of a waivered installment of principal or interest of an assessment, the municipal fiscal officer shall mail notice of the default to the person. The notice must meet the following conditions:

(1) Be mailed not more than sixty (60) days after the default.

(2) Show the amount of the default, plus interest on that amount for the number of months the person is in default at one-half (1/2) the rate prescribed by IC 6-1.1-37-9(b).

(3) State that the amount of the default, plus interest, is due by the date determined as follows:

(A) If the person selected monthly installments under section 8.5(a)(2) of this chapter, within sixty (60) days after the date the notice is mailed.

(B) If the person selected annual installments under section 8.5(a)(1) of this chapter, within six (6) months after the date the notice is mailed.

(b) A notice that is mailed to the person in whose name the property is assessed and addressed to the person within the municipality is sufficient notice. However, the fiscal officer shall also attempt to determine the name and address of the current owner of the property and send a similar notice to the current owner.

(c) Failure to send the notice required by this section does not preclude or otherwise affect the following:

(1) The sale of the property for delinquency as prescribed by IC 6-1.1-24.

(2) The foreclosure of the assessment lien by the bondholder.

(3) The preservation of the assessment lien under section 22.5 of this chapter.

As added by P.L.98-1993, SEC.8. Amended by P.L.172-1994, SEC.2; P.L.45-2004, SEC.2; P.L.67-2006, SEC.16; P.L.113-2010, SEC.156.
Ind. Code § 36-7-14-19 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-19
Acquisition of real property; procedure; approval
Status: in_force

Sec. 19. (a) If no appeal is taken or if an appeal is taken but is unsuccessful, the redevelopment commission shall proceed with the proposed project to the extent that money is available for that purpose.

(b) The redevelopment commission shall first approve and adopt a list of the real property and interests in real property to be acquired and the price to be offered to the owner of each parcel of interest. For properties and interests in real property that:

(1) are not for sale at auction; or

(2) have a total purchase price (including land and structures, if any) of at least twenty-five thousand dollars ($25,000);

the prices to be offered may not exceed the average of two (2) independent appraisals of fair market value procured by the commission except that appraisals are not required in transactions with other governmental agencies. The prices indicated on the list may not be exceeded unless specifically authorized by the commission or ordered by a court in condemnation proceedings. The commission may except from acquisition any real property in the area if the commission finds that such an acquisition is not necessary under the redevelopment plan. Appraisals made under this section are for the information of the commission and are not open for public inspection.

(c) Negotiations for the purchase of property may be carried on directly by the redevelopment commission, by its employees, or by expert negotiations, but no option, contract, or understanding relative to the purchase of real property is binding on the commission until approved and accepted by the commission in writing. The commission may authorize the payment of a nominal fee to bind an option and as a part of the consideration for conveyance may agree to pay the expense incident to the conveyance and determination of the title of the property. Payment for the property purchased shall be made when and as directed by the commission but only on delivery of proper instruments conveying the title or interest of the owner to the "City (or Town or County) of ______________, Department of Redevelopment". Notwithstanding the other provisions of this subsection, any agreement by the commission to:

(1) make payments for the property to be purchased for a term exceeding three (3) years; or

(2) pay a purchase price for the property that exceeds five million dollars ($5,000,000);

is subject to the prior approval of the legislative body of the unit.

(d) All real property and interests in real property acquired by the redevelopment commission are free and clear of all governmental liens, assessments, and other governmental charges except for current property taxes, which shall be prorated to the date of acquisition.

(e) Notwithstanding subsections (a) through (d), the redevelopment commission may, before the time referred to in this section, accept gifts of property needed for the redevelopment of redevelopment project areas if the property is free and clear of all governmental liens other than taxes, assessments, and other governmental charges. The commission may, before the time referred to in this section, take options on or contract for the acquisition of property needed for the redevelopment of redevelopment project areas if the options and contracts are not binding on the commission or the district until the time referred to in this section and until money is available to pay the consideration set out in the options or contracts.

[Pre-Local Government Recodification Citations: 18-7-7-16; 18-7-7.1-16.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.114-1989, SEC.5; P.L.35-1990, SEC.56; P.L.185-2005, SEC.15; P.L.149-2014, SEC.10; P.L.52-2017, SEC.5; P.L.183-2018, SEC.2.
Ind. Code § 36-2-15-7 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-7
Transition on transfer of duties between assessors
Status: reserved

Sec. 7. (a) Each county assessor, elected township assessor, or township trustee-assessor whose assessment duties prescribed by IC 6-1.1 will be transferred under section 5 of this chapter shall:

(1) organize the records of the assessor's office relating to the assessment of tangible property in a manner prescribed by the department of local government finance; and

(2) transfer the records as directed by the department of local government finance.

(b) The department of local government finance shall determine a procedure and schedule for the transfer of the records and operations. The assessors shall assist each other and coordinate their efforts to:

(1) ensure an orderly transfer of all records; and

(2) provide for an uninterrupted and professional transition of the property assessment functions consistent with this chapter and the directions of the department of local government finance.

As added by P.L.219-2007, SEC.109.
Ind. Code § 36-8-11-21 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-21
Disbanding fire department not required
Status: in_force

Sec. 21. This chapter does not require a municipality or township to disband its fire department unless its legislative body consents by ordinance.

[Pre-Local Government Recodification Citation: 19-1-45-23 part.]

As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-6-4.5-6 — Indiana Code / Title 36 / Article 6 / Chapter 4.5 / Section 36-6-4.5-6
County executive; adopting resolution
Status: in_force

Sec. 6. In the case of a county that:

(1) has a consolidated city, the resolution must be adopted by the county executive; or

(2) does not have a consolidated city, the resolution must be adopted by an affirmative vote of at least a majority of all members of the county executive.

As added by P.L.24-2022, SEC.6.
Ind. Code § 36-7-1-9 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-9
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-1.1-3(c); 18-7-4-108; 18-7-4-2 part; 18-7-5-3 part; 18-7-6-2 part.]

As added by Acts 1981, P.L.309, SEC.9. Amended by Acts 1982, P.L.33, SEC.29. Repealed by P.L.213-1986, SEC.12.
Ind. Code § 36-8-15-7 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-7
Creation of district
Status: in_force

Sec. 7. (a) This subsection applies to a county having a consolidated city. The ____________ (name of consolidated city) __________________ public safety communications systems and computer facilities district is created in the county as a special taxing district of the consolidated city. The territory of the district includes the entire county.

(b) This subsection applies to a county not having a consolidated city. The _________________ (name of county) _______________ public safety communications systems district may be created in the county as a special taxing district by an ordinance adopted before July 1 of a year by the county legislative body. The territory of the district includes the unincorporated area of the county, plus any municipality in the county in which the legislative body before July 1 of a year adopts an ordinance to join the district and to have its public safety agencies served by the district.

(c) This subsection applies to a county not having a consolidated city. The legislative body of any township in the county may, by adopting a resolution before July 1 of a year, authorize a township agency to be served by the district.

(d) An ordinance or resolution adopted under subsection (b) or (c) may be rescinded before July 1 of a year.

As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.3.
Ind. Code § 36-4-6-8 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-8
President; vice president; president pro tempore
Status: in_force

Sec. 8. (a) This subsection applies only to second class cities. At its first regular meeting under section 7 of this chapter, and each succeeding January, the legislative body shall choose from its members a president and a vice president.

(b) This subsection applies only to third class cities. The city executive shall preside at all meetings of the legislative body, but may vote only in order to break a tie. At its first regular meeting under section 7 of this chapter and each succeeding January, the legislative body shall choose from its members a president pro tempore to preside whenever the executive is absent.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.23; P.L.349-1983, SEC.3; P.L.169-2006, SEC.53.
Ind. Code § 36-7-32.6-8 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-8
"Gross retail incremental amount"
Status: in_force

Sec. 8. As used in this chapter, "gross retail incremental amount" means the remainder of:

(1) the aggregate amount of state gross retail and use taxes that are remitted under IC 6-2.5:

(A) by businesses operating in the territory comprising the stadium development district; and

(B) that is, in the case of the:

(i) state gross retail tax, collected by a business for sales occurring at a physical location of the business in the stadium development district;

(ii) state use tax, incurred with regard to property used in the stadium development district; and

(iii) state gross retail and use tax incurred and paid by a contractor with regard to tangible personal property incorporated into real property that is located in the stadium development district, if the contractor can determine the amount of state gross retail or use tax incurred and paid based on records maintained under section 24 of this chapter and the state gross retail and use tax is not otherwise included in the stadium development district or section 7 of this chapter;

during the state fiscal year; minus

(2) the gross retail base period amount;

as determined by the department of state revenue.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-7-30.5-20 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-20
Purchase of property
Status: in_force

Sec. 20. (a) If:

(1) an appeal is not taken; or

(2) an appeal is taken but is unsuccessful;

the development authority shall proceed with the plan to the extent that money is available for that purpose.

(b) Negotiations for the purchase of property may be carried on directly by the development authority, by its employees, or by expert negotiators. However, an option, a contract, or an understanding relative to the purchase of real property is not binding on the development authority until approved and accepted by the development authority in writing. Payment for the property purchased shall be made when and as directed by the development authority but only on delivery of proper instruments conveying the title or interest of the owner to the development authority or its designee.

(c) The acquisition of real and personal property by the development authority under this chapter is not subject to the provisions of IC 5-22, IC 36-1-10.5, or any other statutes governing the purchase of property by public bodies or their agencies.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-1-26-5 — Indiana Code / Title 36 / Article 1 / Chapter 26 / Section 36-1-26-5
Petition to determine whether criminal conviction disqualifying
Status: in_force

Sec. 5. (a) An individual having a misdemeanor or felony criminal conviction may at any time petition a unit requiring a license for a determination as to whether the individual's misdemeanor or felony criminal conviction will disqualify the individual from receiving a license. An individual filing a petition under this subsection must submit:

(1) the individual's criminal history information or an authorization for the unit to obtain the individual's criminal history information; and

(2) any additional information requested by the unit to assist the unit in its review of the individual's petition.

(b) If a unit denies an individual a license solely or in part because of the applicant's criminal history, the unit shall notify the individual in writing of the following:

(1) The grounds and reasons for the denial or disqualification.

(2) The applicant has the right to a hearing to challenge the licensing authority's decision.

(3) The earliest date the applicant may reapply for a license.

(4) Evidence of rehabilitation may be considered upon reapplication.

Any written determination by the unit that an individual's criminal history is specifically listed as a disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation must be documented in written findings for each of the factors specified in subdivisions (1) through (4) by clear and convincing evidence sufficient for review by a court. In an administrative hearing or civil action reviewing the denial of a license, a unit has the burden of proof on the question of whether the individual's criminal history directly relates to the occupation for which the license is sought.

(c) The unit shall inform the individual of its determination concerning the individual's petition not later than thirty (30) days after the petition, criminal history information, and any other information requested under subsection (a) are received by the unit.

(d) The unit may charge a fee established under IC 36-1-3-6 that does not exceed twenty-five dollars ($25) to pay the unit's costs of reviewing a petition filed under subsection (a).

As added by P.L.182-2018, SEC.6.
Ind. Code § 36-1-29-2 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-2
Application of chapter; not affected
Status: in_force

Sec. 2. This chapter does not:

(1) affect the determination of the location of the ordinary high water mark; or

(2) interfere with or supersede state law, state administrative rules, or local ordinances concerning the issuance of permits for seawalls or revetments.

As added by P.L.164-2020, SEC.64.
Ind. Code § 36-7-14.5-2 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-2
"Authority" defined
Status: in_force

Sec. 2. As used in this chapter, "authority" refers to a redevelopment authority created by this chapter.

As added by P.L.380-1987(ss), SEC.18.
Ind. Code § 36-7-13-3 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-3
"Improve"; authority to acquire, own, and deal in real property; expenditure of funds
Status: in_force

Sec. 3. (a) For purposes of this chapter, "improve" means to construct, reconstruct, or repair public ways, sidewalks, sewers, drains, fences, or buildings, and to do all other things that would enhance the value of real property and make it more suitable to industrial use.

(b) A unit may acquire by purchase, gift, or devise, and own, improve, maintain, sell, lease, convey, contract for, or otherwise deal in, real property for the development of industrial parks or industrial sites.

(c) A municipality may exercise powers granted by subsection (b) in areas within five (5) miles outside its corporate boundaries.

(d) When a district is designated under section 12(e) of this chapter, a unit may expend funds for the purposes set forth in subsections (a) and (b) for the development of or to enhance the value of real property used for retail purposes.

(e) When a district is designated under section 12.1 of this chapter, a unit may expend funds for the purposes set forth in section 12.1(b) of this chapter for the development of or to enhance the value of real property used for retail purposes and to make it more suitable to industrial or retail use.

[Pre-Local Government Recodification Citations: 18-7-14-2 part; 18-7-14-3.]

As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.76; P.L.262-1993, SEC.2; P.L.113-2002, SEC.4; P.L.224-2003, SEC.234.
Ind. Code § 36-1.5-4-2 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-2
Adjacent political subdivisions
Status: in_force

Sec. 2. For purposes of this chapter, two (2) political subdivisions may not be treated as adjacent if the political subdivisions are connected by a strip of land that is less than one hundred fifty (150) feet wide.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-32-6 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-6
"Gross retail base period amount"
Status: in_force

Sec. 6. As used in this chapter, "gross retail base period amount" means the aggregate amount of state gross retail and use taxes remitted under IC 6-2.5 by the businesses operating in the territory comprising a certified technology park during the full state fiscal year that precedes the date on which the certified technology park was designated under section 11 of this chapter.

As added by P.L.192-2002(ss), SEC.187.
Ind. Code § 36-1-8-17.7 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-17.7
Dissolution of a political subdivision that was established by another political subdivision
Status: in_force

Sec. 17.7. (a) This section applies to a political subdivision:

(1) that was established by another political subdivision; and

(2) for which, except as set forth in IC 13-21-3-1(d) and IC 13-21-15, there is no process or procedure expressly specified by law regarding the dissolution of the political subdivision.

(b) A political subdivision described in subsection (a) may be dissolved according to the following:

(1) The political subdivision described in subsection (a) may be dissolved as provided in this section only by the political subdivision that established the political subdivision described in subsection (a).

(2) The legislative body of the political subdivision that established the political subdivision described in subsection (a) must adopt a preliminary resolution stating the intent of the legislative body to dissolve the political subdivision described in subsection (a). For a county described in IC 36-1-2-5(1) and IC 36-1-2-9(1), the adoption under IC 13-21-3-1(d)(1)(A) by the county executive of an ordinance in favor of the dissolution of a solid waste management district satisfies this requirement.

(3) The legislative body that established the political subdivision described in subsection (a) must hold a separate public meeting regarding the proposed dissolution of the political subdivision described in subsection (a). Notice of the meeting shall be given in accordance with IC 5-3-1. The legislative body must hold the public meeting:

(A) except as provided in clause (B), at least ninety (90) days after adopting the preliminary resolution under subdivision (2); or

(B) at least one hundred eighty (180) days after adopting the preliminary resolution under subdivision (2), in the case of the proposed dissolution of a political subdivision described in subsection (a) that has been in existence for at least ten (10) years.

(4) At least ten (10) days before the public meeting under subdivision (3), the legislative body that established the political subdivision described in subsection (a) must make available to the public a plan regarding the proposed dissolution. If the legislative body maintains an Internet web site or an Internet web site is maintained on behalf of the legislative body, a copy of the plan must be posted on the Internet web site at least ten (10) days before the public meeting under subdivision (3).

(5) The plan regarding the proposed dissolution must specify the following:

(A) The effective date of the dissolution.

(B) A description of the assets and obligations of the political subdivision described in subsection (a) and a proposal regarding the distribution of those assets and the satisfaction of those obligations.

(C) A description of the services currently provided by the political subdivision described in subsection (a) and (if applicable) an explanation of how those services will be provided after the dissolution of the political subdivision described in subsection (a).

(6) At the public meeting under subdivision (3), the legislative body shall allow the public an opportunity to testify and comment upon the proposed dissolution.

(7) At the public meeting under subdivision (3), the legislative body may adopt an ordinance (in the case of the legislative body of a county or municipality) or a resolution (in the case of the legislative body of any other political subdivision) dissolving the political subdivision described in subsection (a) as provided in the plan described in subdivision (5).

As added by P.L.189-2016, SEC.6. Amended by P.L.10-2019, SEC.133.
Ind. Code § 36-8-7-19 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-19
Repealed
Status: repealed

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

As added by Acts 1981, P.L.309, SEC.57. Repealed by P.L.38-1986, SEC.8.
Ind. Code § 36-7-4-901 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-901
Board of zoning appeals; establishment; divisions; jurisdiction; continuation of certain boards
Status: in_force

Sec. 901. (a) As a part of the zoning ordinance, the legislative body shall establish a board of zoning appeals.

(b) The board of zoning appeals is composed of one (1) division, unless the zoning ordinance is amended under this subsection. Whenever considered desirable, the zoning ordinance may be amended to establish an additional one (1), two (2), or three (3) divisions of the board of zoning appeals.

(c) After January 1, 1984, whenever any divisions of the board of zoning appeals are established or reestablished by the zoning ordinance, the ordinance must provide for each division to consist of five (5) members appointed in accordance with section 902 of this chapter.

(d) The board of zoning appeals shall be known as:

(1) the advisory board of zoning appeals (under the advisory planning law);

(2) the area board of zoning appeals (under the area planning law); or

(3) the metropolitan board of zoning appeals (under the metropolitan development law).

(e) Except as provided in this section, a board of zoning appeals has territorial jurisdiction over all the land subject to the zoning ordinance, and if the board has more than one (1) division, all divisions have concurrent jurisdiction within that territory.

(f) ADVISORY─AREA. The zoning ordinance may provide that any additional division of the board of zoning appeals, having been established under subsection (b), is to have only limited territorial jurisdiction. The zoning ordinance must describe the limits of that division's territorial jurisdiction and specify whether that division has exclusive or concurrent jurisdiction within that territory.

(g) METRO. Any municipal board of zoning appeals that was established by an excluded city under IC 18-7-2-61 (before its repeal on September 1, 1981) continues as the board of zoning appeals for that municipality. A board of zoning appeals for an excluded city has exclusive territorial jurisdiction within the corporate boundaries of that municipality. All divisions of the metropolitan board of zoning appeals have concurrent territorial jurisdiction throughout the remainder of the county. The legislative body of the consolidated city may adopt ordinances to regulate the time of the meetings and the voting procedures of the metropolitan board of zoning appeals.

(h) ADVISORY. Any board of zoning appeals that was established under IC 18-7-3-11 continues as the board of zoning appeals for that jurisdiction, until otherwise provided by the zoning ordinance.

(i) AREA. Any board of zoning appeals that was established under the advisory planning law and continued in existence under the area planning law continues as the board of zoning appeals for that jurisdiction, until otherwise provided by the zoning ordinance.

(j) AREA. Any board of zoning appeals that was established under the area planning law as a seven (7) member board continues as the area board of zoning appeals, until otherwise provided by the zoning ordinance.

(k) METRO. The zoning ordinance may provide that a historic preservation commission created under IC 36-7-11.1-3 may exercise the powers of a board of zoning appeals within a historic area or historic zoning district established under IC 36-7-11.1-6. However, this subsection does not eliminate the need for a historic preservation commission to issue a certificate of appropriateness under IC 36-7-11.1-8(e) before the approval of a variance by either:

(1) a board of zoning appeals; or

(2) a historic preservation commission exercising the powers of a board of zoning appeals.

[Pre-Local Government Recodification Citations: 18-4-8-11; 18-7-2-4 part; 18-7-2-59 part; 18-7-2-61 part; 18-7-3-11 part; 18-7-4-901; 18-7-4-65; 18-7-5-69 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.1; P.L.3-1990, SEC.125; P.L.321-1995, SEC.4; P.L.164-1995, SEC.20.
Ind. Code § 36-1-29.5-4 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-4
"Qualified nonprofit organization"
Status: in_force

Sec. 4. As used in this chapter, "qualified nonprofit organization" means a private, nonprofit entity formed as a partnership between one (1) or more units, private sector businesses, or community or philanthropic organizations to develop and implement a workforce retention and recruitment strategy that has an organizational structure that conforms with the requirements of a policy developed by the workforce fund managers under section 10 of this chapter.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-8-25-14 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-14
Employees answering 911 calls who are not public safety telecommunicators
Status: in_force

Sec. 14. A public safety agency is immune from civil liability for damages for employing individuals to answer 911 emergency calls who are not public safety telecommunicators. However, the individuals who are not public safety telecommunicators may not:

(1) be required to complete T-CPR training; or

(2) provide T-CPR instruction to a telephone caller.

As added by P.L.54-2019, SEC.4.
Ind. Code § 36-5-1-21 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-21
Approvals of proceedings to incorporate town across county boundaries commenced before July 1, 1999
Status: in_force

Sec. 21. Notwithstanding sections 2 and 10.1 of this chapter, as in effect July 1, 1999, proceedings commenced before July 1, 1999, to incorporate a town across county boundaries is only required to have the approval of the county executive of the county that contains all or a major part of the territory sought to be incorporated.

As added by P.L.220-2011, SEC.653.
Ind. Code § 36-8-19-1.7 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-1.7
"Fire protection district"
Status: in_force

Sec. 1.7. As used in this chapter, "fire protection district" means a fire protection district established under IC 36-8-11-4.

As added by P.L.255-2017, SEC.40.
Ind. Code § 36-5-2-2 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-2
Town council; president
Status: in_force

Sec. 2. The town council elected under IC 3-10-6 or IC 3-10-7 is the town legislative body. The president of the town council selected under section 7 of this chapter is the town executive.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1986, SEC.55; P.L.8-1989, SEC.97.
Ind. Code § 36-7-4-906 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-906
Board of zoning appeals; members; terms; removal
Status: in_force

Sec. 906. (a) ADVISORY─AREA. When an initial term of office expires, each new appointment is for a term of four (4) years.

(b) ADVISORY─AREA. Upon the establishment of a division of the board of zoning appeals, the members shall initially be appointed as provided in the zoning ordinance for the following terms of office:

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

(2) One (1) for a term of two (2) years.

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

(4) Two (2) for a term of four (4) years.

(c) ADVISORY─AREA. Under subsection (b), each term expires on the first Monday of January of the first, second, third, or fourth year, respectively, after the year of the member's appointment.

(d) METRO. Each appointment of a member of a division of a board of zoning appeals is for a term of one (1) year.

(e) METRO. The appointing authority may remove a member from the metropolitan board of zoning appeals. The appointing authority must mail notice of the removal, along with written reasons, if any, for the removal, to the member at the member's residence address. A member who is removed may not appeal the removal to a court or otherwise.

(f) ADVISORY─AREA. An individual who is appointed a member of the board of zoning appeals serves at the pleasure of the member's appointing authority as long as:

(1) the officeholder who appointed the individual continues to hold the office; or

(2) the board, committee, or body that appointed the individual retains all of the same members that served on the board, committee, or body when the individual was appointed.

If subdivision (1) or (2) does not apply, the individual may only be removed for cause. To be removed for cause, the appointing authority must mail notice of the removal, along with written reasons for the removal, to the member at the member's residence address. A member who is removed may, within thirty (30) days after receiving notice of the removal, appeal the removal to the circuit or superior court of the county.

(g) A member of a board of zoning appeals serves until the member's successor is appointed and qualified. A member is eligible for reappointment.

[Pre-Local Government Recodification Citations: 18-7-2-60 part; 18-7-3-11(1) part; 18-7-3-11(2) part; 18-7-4-906; 18-7-4-69; 18-7-5-71.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.42; Acts 1982, P.L.33, SEC.31; P.L.357-1983, SEC.4; P.L.127-2017, SEC.175; P.L.40-2026, SEC.17.
Ind. Code § 36-7-30-10 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-10
Plan and declaration of reuse area
Status: in_force

Sec. 10. (a) The reuse authority shall adopt a plan for the rehabilitation, development, redevelopment, and reuse of military base property to be acquired from the federal government upon the closure of a military base within the boundaries of the unit.

(b) In conjunction with the military base reuse plan, the reuse authority may adopt a resolution declaring that a geographic area is a military base reuse area and approving the plan if it makes the following findings:

(1) All or part of a military base is located in the military base reuse area.

(2) The plan for the military base reuse area will accomplish the public purposes of this chapter, supported by specific findings of fact to be adopted by the reuse authority.

(3) The public health and welfare will be benefited by accomplishment of the plan for the military base reuse area.

(4) The plan for the military base reuse area conforms to other development and redevelopment plans for the unit.

(c) A military base reuse area may include territory within the corporate boundaries of the unit and in the vicinity of the military base that is not on military base property. However, a military base reuse area may not include any area of land that constitutes part of an economic development area, a redevelopment project area, or an urban renewal area under IC 36-7-14 or IC 36-7-15.1.

(d) The resolution must state the general boundaries of the area, and that the reuse authority proposes to acquire all of the interests in the land within the boundaries, with certain designated exceptions, if there are any.

(e) For the purpose of adopting a resolution under subsection (b), it is sufficient to describe the boundaries of the area by its location in relation to public ways or streams, or otherwise, as determined by the reuse authority. Property excepted from the acquisition may be described by street numbers or location.

As added by P.L.26-1995, SEC.14. Amended by P.L.185-2005, SEC.52.
Ind. Code § 36-2-14-1 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

[Pre-Local Government Recodification Citation: Ind. Const. Art. 6, § 2.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-2-14 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-14
Adoption or enforcement of an ordinance or resolution; slope
Status: in_force

Sec. 14. (a) This section does not apply to development on a site that is located within an area that:

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

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

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

(1) residential dwellings;

(2) commercial buildings;

(3) accessory structures;

(4) driveways; and

(5) utilities.

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

As added by P.L.52-2024, SEC.1.
Ind. Code § 36-8-6-3 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-3
Board of trustees; officers; duties
Status: in_force

Sec. 3. (a) The municipal executive is president of the local board, the municipal fiscal officer is its treasurer, and the local board shall select one (1) of its members secretary. The secretary shall be paid out of the 1925 fund a sum for the secretary's services as fixed by the local board.

(b) The president shall preside over all meetings of the local board, call special meetings of the police department of the city, and preside over the annual and called meetings of the department concerning the 1925 fund.

(c) The treasurer:

(1) has custody of all money and securities due or belonging to the 1925 fund and shall collect the principal and interest on them;

(2) is liable on the treasurer's bond as an officer for the municipality for the faithful accounting of all money and securities belonging to the fund that come into the treasurer's hands;

(3) shall keep a separate account showing at all times the true condition of the fund; and

(4) shall, upon the expiration of the treasurer's term of office, account to the local board for all money and securities coming into the treasurer's hands, including the proceeds of them, and turn over to the treasurer's successor all money and securities belonging to the fund remaining in the treasurer's hands.

(d) The secretary shall:

(1) keep a true account of the proceedings of the local board and of the police department of the municipality when acting upon matters relating to the 1925 fund;

(2) keep a correct statement of the accounts of each member with the fund;

(3) collect and turn over to the treasurer of the local board all money belonging to the fund;

(4) give the local board a monthly account of the secretary's acts and services as secretary; and

(5) turn over to the secretary's successor all books and papers pertaining to the office.

(e) The secretary shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the secretary's duties.

(f) The secretary and treasurer shall make complete and accurate reports of their trusts to the local board before February 15 of each year, copies of which shall be filed with the municipal clerk. The books of the secretary and treasurer must be open at all times to examination by members of the local board.

(g) Each member of the police department shall turn over to the secretary of the local board, within thirty (30) days after receiving it, all money and securities belonging to the 1925 fund that come into the secretary's hands.

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

As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.47, SEC.24; P.L.173-2003, SEC.33; P.L.72-2018, SEC.19.
Ind. Code § 36-7-11.2-43 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-43
Requirements of written agreement
Status: in_force

Sec. 43. An agreement signed under section 42 of this chapter must do the following:

(1) Refer to the proceeding before the commission.

(2) Contain a full legal description of the subject property.

(3) Specifically provide for the following:

(A) That the agreement is contingent upon the grant of a variance for or issuance of a certificate of appropriateness concerning the subject property.

(B) That the agreement will be construed strictly against those parties from whom the agreement is required by the commission.

(C) That the agreement, if executed by a party with a legal or equitable interest in the subject property, is intended to create a covenant that:

(i) runs with the subject property; and

(ii) is binding upon the successors to the fee or to an interest in the fee.

(D) That the agreement is intended to benefit and to be enforced by a person who, under this chapter, would be considered an interested party concerning the subject property.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-4-5-6 — Indiana Code / Title 36 / Article 4 / Chapter 5 / Section 36-4-5-6
Meetings with officers in charge of city departments; record
Status: in_force

Sec. 6. At least once a month, the executive shall meet with the officers in charge of the city departments:

(1) for consultation on the affairs of the city;

(2) to adopt rules and regulations for the administration of the affairs of city departments; and

(3) to adopt rules and regulations prescribing a merit system for selecting, appointing, or promoting city officers and employees.

A record of meetings under this section shall be kept.

[Pre-Local Government Recodification Citation: 18-1-6-2 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-4-2-7 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-7
Filing of returns of election; effect
Status: in_force

Sec. 7. (a) After an election held under section 3 of this chapter, the election board shall file with the clerk of each municipality the returns of the election in each voting precinct in the manner prescribed by IC 3-12-4.

(b) Within ten (10) days after an election held under section 3 of this chapter, the election board shall certify and file with:

(1) the legislative bodies of the municipalities; and

(2) the county auditor;

a copy of the result of the election in each municipality. The county auditor shall enter the copy the county auditor receives in the records of the county executive.

(c) If, in an election held under section 3 of this chapter, a majority of the votes cast in each of the municipalities is in favor of the merger, the municipalities are merged under the terms prescribed by sections 9 through 17 of this chapter. After the merger becomes effective, the name of the new municipality is the name receiving the highest number of votes at the election.

[Pre-Local Government Recodification Citations: 18-5-10-11 part; 18-5-10-12.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.46; P.L.127-2017, SEC.123.
Ind. Code § 36-8-8.5-10.5 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-10.5
Election to extend retirement date
Status: in_force

Sec. 10.5. (a) Notwithstanding section 10 of this chapter, a member that entered the DROP before July 1, 2024, and that has not exited the DROP may elect to extend the member's DROP retirement date up to sixty (60) months after the member's DROP entry date.

(b) A member that makes the election described in subsection (a) shall notify the member's employer within thirty (30) days of the election.

As added by P.L.129-2024, SEC.11 and P.L.136-2024, SEC.57.
Ind. Code § 36-9-13-6 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-6
Trustees; appointment; terms of office; oaths
Status: in_force

Sec. 6. (a) Within sixty (60) days after the adoption of the concurrent resolution under section 5 of this chapter, a board of building authority trustees shall be appointed. The board consists of five (5) trustees who are appointed in the following manner and for the following initial terms:

(1) One (1) appointed by the municipal fiscal body of the county seat, for a term of one (1) year.

(2) One (1) appointed by the county fiscal body, for a term of two (2) years.

(3) One (1) appointed by the county executive, for a term of three (3) years.

(4) One (1) appointed by the municipal executive of the county seat, for a term of four (4) years.

(5) One (1) appointed by the county executive, for a term of four (4) years.

(b) A person may be appointed as a trustee only if the person:

(1) is at least thirty (30) years of age;

(2) has been a resident of the county for five (5) years immediately preceding the person's appointment; and

(3) is not an officer or employee of an eligible entity.

(c) The names of all persons appointed under subsection (a) shall be transmitted in writing to the circuit court for the county at least ten (10) days before the end of the sixty (60) day period. The court shall mail a notice of appointment to each trustee immediately after the sixty (60) day period.

(d) Before entering upon the trustee's duties, each trustee shall take and subscribe an oath of office (in the usual form), which shall be endorsed upon the trustee's certificate of appointment. The certificate shall be promptly filed with the county clerk.

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

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.7-1983, SEC.39; P.L.127-2017, SEC.301.
Ind. Code § 36-7-18-38 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-38
Approval of projects by department of health; filing plans for new construction with department of homeland security
Status: in_force

Sec. 38. (a) A housing authority shall file with the Indiana department of health a description of each proposed project, including plans and layout. The Indiana department of health shall, within thirty (30) days, transmit its approval or disapproval to the authority.

(b) A housing authority shall file all plans for new construction with the department of homeland security in the manner prescribed by IC 22-15-3.

[Pre-Local Government Recodification Citation: 18-7-11-24 part.]

As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981, P.L.310, SEC.93; P.L.8-1984, SEC.128; P.L.245-1987, SEC.20; P.L.2-1992, SEC.892; P.L.1-2006, SEC.569; P.L.187-2021, SEC.140; P.L.56-2023, SEC.333.
Ind. Code § 36-4-4-3 — Indiana Code / Title 36 / Article 4 / Chapter 4 / Section 36-4-4-3
Executive or administrative powers, duties, and functions
Status: in_force

Sec. 3. (a) All powers and duties of a city that are executive or administrative in nature shall be exercised or performed by the city executive, another city officer, or a city department.

(b) An ordinance of the city legislative body requiring an executive or administrative function to be performed may:

(1) designate the department that is to perform that function; or

(2) establish a new department or agency to perform that function.

(c) If an executive or administrative function is not assigned by a statute, ordinance, or resolution, the city executive shall assign that function to the proper department or officer.

[Pre-Local Government Recodification Citations: 18-1-1.5-27; 18-1-6-4; 18-4-4-2 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-9-36-10 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-10
Hearing on preliminary resolution; determination of special benefits accruing to property
Status: in_force

Sec. 10. (a) At the hearing specified in the notice under section 8 of this chapter, the works board shall do the following:

(1) Hear interested persons.

(2) Decide whether the benefits that will accrue to the property liable to be assessed for the improvement will equal the maximum estimated cost of the improvement.

(b) If the works board finds that the benefits will not equal the maximum estimated cost of the improvement, the board shall determine the aggregate amount of special benefits that will accrue to the property liable to be assessed for the improvement.

(c) Except as provided in sections 13 and 14 of this chapter, the works board's determination concerning the aggregate amount of special benefits that will accrue to the property liable to be assessed for the improvement is final and conclusive.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-4-800 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-800
800 Series—Improvement location permit
Status: in_force

Sec. 800. This series (sections 800 through 899 of this chapter) may be cited as follows: 800 SERIES─IMPROVEMENT LOCATION PERMIT.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-1-12-1.4 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-1.4
Repealed
Status: repealed

As added by P.L.329-1985, SEC.10. Repealed by P.L.82-1995, SEC.20.
Ind. Code § 36-2-13-19 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-19
Sheriff as Medicaid authorized representative; memorandum of understanding; reimbursement; payment
Status: in_force

Sec. 19. (a) This section applies to a person who:

(1) is subject to lawful detention;

(2) incurs or will incur medical care expenses that are not otherwise reimbursable during the lawful detention;

(3) is unwilling or unable to pay for the person's own health care services; and

(4) is potentially eligible for Medicaid (IC 12-15).

(b) For a person described in subsection (a), the sheriff is the person's Medicaid authorized representative and may apply for Medicaid on behalf of the person.

(c) A county executive and the office of the secretary of family and social services shall enter into a written memorandum of understanding providing that the sheriff shall reimburse the office of the secretary for administrative costs and the state share of the Medicaid costs incurred for a person described in this section.

(d) Reimbursement under this section for reimbursable health care services provided by a health care provider, including a hospital, to a person as an inpatient in a hospital must be as follows:

(1) For individuals eligible under the healthy Indiana plan (IC 12-15-44.5), the reimbursement rates described in IC 12-15-44.5-5.

(2) For individuals other than those described in subdivision (1) who are eligible under the Medicaid program, the reimbursement rates provided under the Medicaid program, except that reimbursement for inpatient hospital services shall be reimbursed at rates equal to the fee-for-service rates described in IC 16-21-10-8(a)(1).

Hospital assessment fee funds collected under IC 16-21-10 or the Indiana check-up plan trust fund (IC 12-15-44.2-17) may not be used as the state share of Medicaid costs for the reimbursement of health care services provided to the person as an inpatient in the hospital.

(e) The state share of all claims reimbursed by Medicaid for a person described in subsection (a) shall be paid by the county.

As added by P.L.185-2015, SEC.29. Amended by P.L.30-2016, SEC.44.
Ind. Code § 36-10-8-2 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Board" refers to a capital improvement board of managers subject to or created under this chapter.

"Net income" means the gross income after deducting:

(1) the necessary operational expenses of the board in performing its duties (the expenses not to exceed the amount budgeted or approved); and

(2) any reserve provided for in the budget.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-3-4-23 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-23
City-county legislative body; creation of agencies; transfer of agency powers
Status: in_force

Sec. 23. (a) The city-county legislative body may, by ordinance:

(1) create or terminate departments, divisions, offices, community councils, and other agencies of the consolidated city; and

(2) transfer to or from those agencies any powers, duties, functions, or obligations.

(b) The powers granted by subsection (a) may not be applied to:

(1) the department of public utilities of the consolidated city;

(2) offices established by the Constitution of Indiana; or

(3) agencies of municipal corporations other than the consolidated city.

[Pre-Local Government Recodification Citations: 18-4-2-32.6; 18-4-2-27.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-1-21-4 — Indiana Code / Title 36 / Article 1 / Chapter 21 / Section 36-1-21-4
Adoption of more stringent or detailed requirements
Status: in_force

Sec. 4. (a) This chapter establishes minimum requirements regarding contracting with a unit. The legislative body of the unit shall adopt a policy that includes, at a minimum, the requirements set forth in this chapter. However, the policy may:

(1) include requirements that are more stringent or detailed than any provision in this chapter; and

(2) apply to individuals who are exempted or excluded from the application of this chapter.

The unit may prohibit or restrict an individual from entering into a contract with the unit that is not otherwise prohibited or restricted by this chapter.

(b) The annual report filed by a unit with the state board of accounts under IC 5-11-13-1 must include a statement by the executive of the unit stating whether the unit has implemented a policy under this chapter.

As added by P.L.135-2012, SEC.8.
Ind. Code § 36-8-16.6-5 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-5
"Fund"
Status: in_force

Sec. 5. As used in this chapter, "fund" refers to the statewide 911 fund established by IC 36-8-16.7-29.

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.14.
Ind. Code § 36-1.5-2-2 — Indiana Code / Title 36 / Article 1.5 / Chapter 2 / Section 36-1.5-2-2
Application of definitions
Status: in_force

Sec. 2. The definitions in this chapter apply throughout this article.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-31-5 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-5
"Commission"
Status: in_force

Sec. 5. As used in this chapter, "commission" refers to the metropolitan development commission acting as the redevelopment commission of a consolidated city.

As added by P.L.255-1997(ss), SEC.19.
Ind. Code § 36-10-8-21 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-21
Capital improvement board of managers operations; annual report
Status: in_force

Sec. 21. (a) This section applies only to a board that was created under IC 18-7-18 (before its repeal on February 24, 1982).

(b) On or before March 31 each year, the executive manager shall submit to the board an annual report of the operations of the convention and visitor center.

As added by P.L.176-2009, SEC.30.
Ind. Code § 36-9-23-14 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-14
Condemnation; authority; security for damages to owner from failure to accept and pay for property; purchase or condemnation of existing works; option or contract; repair estimate
Status: in_force

Sec. 14. (a) A municipality may, in the manner prescribed by IC 32-24, condemn:

(1) sewage works; and

(2) any land, easements, franchises, and other property it considers necessary for the construction of sewage works or for improvements to sewage works.

However, the municipality may pay for any property condemned or purchased only from money provided under this chapter.

(b) In any proceedings to condemn, orders that are just to the municipality and to the owners of the property to be condemned may be made. An undertaking or other security securing the property owners against any loss or damage resulting from the failure of the municipality to accept and pay for the property may be required, but the undertaking or security imposes liability upon the municipality only in the amount that may be paid from money provided under this chapter.

(c) If the board wants to purchase sewage works, it may obtain and exercise an option for the purchase of the works, or may enter into a contract for the purchase in the manner and under the terms and conditions that it considers proper.

(d) If the board wants to purchase or condemn sewage works already constructed, it must, at or before the time of adoption of the ordinance authorizing the acquisition, determine what repairs, replacements, additions, and other actions are required to make the works effective for their purpose. An estimate of the cost of these actions shall be included in the estimate of cost made under section 11 of this chapter. These actions shall be taken upon the acquisition of the works, as a part of the cost of the acquisition.

[Pre-Local Government Recodification Citation: 19-2-5-8.]

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.2-2002, SEC.122.
Ind. Code § 36-5-2-3 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-3
Term of office of members
Status: in_force

Sec. 3. (a) Except as provided in subsection (b), (c), (d), (e), (f), or (g), the term of office of a member of the legislative body is four (4) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.

(b) The term of office of a member of the legislative body appointed to fill a vacancy resulting from an increase in the number of town legislative body members under section 4.2 of this chapter:

(1) begins when the ordinance increasing the number of legislative body members takes effect, or when the member is appointed under IC 3-13-9-4, if the appointment is made after the ordinance takes effect; and

(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the member's successor is elected and qualified.

(c) The term of office of a member of the legislative body elected under IC 36-5-1-10.1 following the incorporation of the town:

(1) begins at noon November 30 following the election; and

(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the member's successor is elected and qualified.

(d) The term of office of a member of the legislative body subject to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.

(e) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.

(f) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.7 is:

(1) three (3) years if the member is elected at the next municipal election not conducted in a general election year; and

(2) four (4) years for the successors of a member of a legislative body described in subdivision (1);

beginning noon January 1 after election and continuing until a successor is elected and qualified.

(g) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.9 is:

(1) the term of office provided by the ordinance, not to exceed four (4) years, for a member of the legislative body elected in the first election cycle after adoption of the ordinance; and

(2) four (4) years for the successors of the member of a legislative body described in subdivision (1).

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

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1993, SEC.272; P.L.4-1996, SEC.103; P.L.109-2015, SEC.60.
Ind. Code § 36-7-15.1-15.7 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-15.7
Disposal of real property; appraisal
Status: in_force

Sec. 15.7. (a) The commission may dispose of real property to which section 15.5 of this chapter applies by following the procedure set forth in this section.

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

(1) persons professionally engaged in making appraisals;

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

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

The appraisers shall make a joint appraisal of the property.

(c) The commission may:

(1) negotiate a sale or transfer; and

(2) dispose of the property;

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

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

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

As added by P.L.169-2006, SEC.75.
Ind. Code § 36-10-3-29 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-29
Joint department of parks and recreation; creation; eligibility; agreement; amendments
Status: in_force

Sec. 29. (a) Two (2) or more units may create a joint department of parks and recreation.

(b) Only a unit that has by ordinance created a department under this chapter is eligible to participate in the creation of a joint department.

(c) The boards of the units that desire to create a joint department must agree upon the use of facilities, personnel, the distribution and raising of financial support, and other matters. The agreement may provide:

(1) for a joint district and joint board to supersede the separate districts and boards; or

(2) that the separate districts and boards be maintained.

After agreement has been reached, the fiscal body of each unit must adopt an ordinance approving the terms of the agreement before the agreement becomes final. The ordinances may not be passed under suspension of the rules.

(d) Failure of one (1) of the units to adopt the ordinance within ninety (90) days after the agreement has been reached voids the arrangement for all parties. However, the remaining parties may proceed with a new agreement.

(e) Amendments to an agreement may be made by adoption of an ordinance by the fiscal body of each unit.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-45; subsections (b), (c), (d), (e) formerly 19-7-4-46.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-8-3-3.5 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-3.5
Right of representation; recommendation by chief to safety board of termination or demotion
Status: in_force

Sec. 3.5. (a) This section applies to a member of the fire department of a city, town, or township to whom IC 36-8-2.2 applies.

(b) A member has at least the rights of representation set forth in IC 36-8-2.2 in any meeting under this chapter at which the chief of the fire department notifies the member that the chief is recommending to the safety board the member's termination or demotion with cause.

As added by P.L.140-2017, SEC.2.
Ind. Code § 36-9-40-24 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-24
County auditor receipt and accounting for assessment payments; use of proceeds; special fund
Status: in_force

Sec. 24. (a) The county auditor shall do the following:

(1) Receive the payment of assessment installments.

(2) Keep all accounts and give proper vouchers for the payment of assessment installments.

(b) Proceeds arising from assessments for the payment of a particular system may not be diverted to the payment of any other system.

(c) The proceeds from assessments for the payment of a particular system constitute a separate special fund.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-7-4-312 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-312
Organization; duties of executive director
Status: in_force

Sec. 312. AREA. Under the direction of the area plan commission, the executive director shall:

(1) propose annually a plan for the operation of the planning department;

(2) administer the plan as approved by the commission;

(3) supervise the general administration of the planning department;

(4) keep the records of the planning department and be responsible for the custody and preservation of all papers and documents of the planning department;

(5) subject to the approval of the commission, appoint and remove the employees of the planning department, according to the standards and qualifications fixed by the commission and without regard to political affiliation;

(6) prepare and present to the commission an annual report; and

(7) perform such other duties as the commission may direct.

[Pre-Local Government Recodification Citations: 18-7-4-312; 18-7-4-35.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-1.5-3-2 — Indiana Code / Title 36 / Article 1.5 / Chapter 3 / Section 36-1.5-3-2
Actions by department of local government finance
Status: in_force

Sec. 2. The department of local government finance may take an action under this chapter in the manner prescribed by the department of local government finance in its rules adopted under IC 4-22-2.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-8-3.5-18 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-18
Appeal to court; suspension or dismissal; precedence
Status: in_force

Sec. 18. (a) A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county as follows:

(1) The county in which the unit is located.

(2) The county in which the provider unit (as defined in IC 36-8-19-3) of the territory is located.

(3) If a district is located in:

(A) not more than one (1) county, the county in which the district is located; or

(B) at least two (2) counties, the primary county (as defined in IC 36-8-11-2).

(b) The appeal shall be made according to the Indiana rules of trial procedure with the following exceptions:

(1) The verified appeal must be filed within thirty (30) days after the date of the board's decision.

(2) The unit, district, or territory shall be named as the sole defendant.

(3) The unit, district, or territory is assumed to have denied the allegations without filing a responsive pleading.

(4) The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal.

(5) Within thirty (30) days after the service of summons the commission shall file in court a complete transcript of all papers, entries, and other parts of the record relating to the case.

(c) The appeal takes precedence over other litigation pending before the court.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.234; P.L.207-2023, SEC.22.
Ind. Code § 36-7-15.1-26.9 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-26.9
Repealed
Status: repealed

As added by P.L.222-1991, SEC.3. Amended by P.L.90-2002, SEC.482; P.L.2-2006, SEC.192; P.L.224-2007, SEC.122. Repealed by P.L.146-2008, SEC.813.
Ind. Code § 36-10-9.5-20 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-20
Borrowing in anticipation of funds
Status: in_force

Sec. 20. (a) In anticipation of funds to be received from any source, the board may borrow money and issue notes for a term not exceeding ten (10) years and at a rate or rates of interest determined by the board. The notes shall be issued in the name of the "northwest Indiana stadium board" and may be secured (either on a parity with or junior and subordinate to any outstanding bonds or notes) by:

(1) the pledge of income and revenues of any capital improvement;

(2) the proceeds of excise taxes; or

(3) any other funds anticipated to be received.

The notes are payable solely from the income, excise taxes, revenues, and anticipated funds.

(b) The financing may be negotiated directly by the board with any bank, insurance company, savings association, or other financial institution licensed to do business in Indiana upon the terms and conditions that are agreed upon, except as specifically provided in this section, and may be consummated without public offering. The notes plus interest are exempt from taxation in Indiana as provided for bonds in IC 6-8-5.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-7-4-1333 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1333
Impact fees; appeal of amount before impact review board; judicial review; effect on pending fee payments
Status: in_force

Sec. 1333. (a) A person against whom an impact fee has been assessed may appeal the amount of the impact fee. A unit may not deny issuance of a structural building permit on the basis that an impact fee has not been paid or condition issuance of the permit on the payment of an impact fee. However, in the case of an impact fee of one thousand dollars ($1,000) or less a unit may require a fee payer to:

(1) pay the impact fee; or

(2) bring an appeal under this section;

before the unit issues a structural building permit for the development for which the impact fee was assessed.

(b) A person must file a petition for a review of the amount of an impact fee with the unit's impact fee review board not later than thirty (30) days after issuance of the structural building permit for the development for which the impact fee was assessed. An impact fee ordinance may require a petition to be accompanied by payment of a reasonable fee not to exceed one hundred dollars ($100). A fee payer shall receive a full refund of the filing fee if:

(1) the fee payer prevails;

(2) the amount of the impact fee or the reductions or credits against the fee is adjusted by the unit, the board, or a court; and

(3) the body ordering the adjustment finds that the amount of the fee, reductions, or credits were arbitrary or capricious.

(c) A unit's impact fee review board shall prescribe the form of the petition for review of an impact fee under subsection (b). The board shall issue instructions for completion of the form. The form and the instructions must be clear, simple, and understandable to a lay person. The form must require the petitioner to specify:

(1) a description of the new development on which the impact fee has been assessed;

(2) all facts related to the assessment of the impact fee; and

(3) the reasons the petitioner believes that the amount of the impact fee assessed is erroneous or is greater than the amount allowed by the fee limitations set forth in this series.

(d) A unit's impact fee review board shall prescribe a form for a response by a unit to a petition for review under this section. The board shall issue instructions for completion of the form. The form must require the unit to indicate:

(1) agreement or disagreement with each item indicated on the petition for review under subsection (c); and

(2) the reasons the unit believes that the amount of the fee assessed is correct.

(e) Immediately upon the receipt of a timely filed petition on the form prescribed under subsection (c), a unit's impact fee review board shall provide a copy of the petition to the unit assessing the impact fee. The unit shall not later than thirty (30) days after the receipt of the petition provide to the board a completed response to the petition on the form prescribed under subsection (d). The board shall immediately forward a copy of the response form to the petitioner.

(f) An impact fee review board shall:

(1) review the petition and the response submitted under this section; and

(2) determine the appropriate amount of the impact fee not later than thirty (30) days after submission of both petitions.

(g) A fee payer aggrieved by a final determination of an impact fee review board may appeal to the circuit or superior court of the county in which the unit is located and is entitled to a trial de novo. If the assessment of a fee is vacated by judgment of the court, the assessment of the impact fee shall be remanded to the board for correction of the impact fee assessment and further proceedings in accordance with law.

(h) If a petition for a review or an appeal of an impact fee assessment is pending, the impact fee is not due and payable until after the petition or appeal is finally adjudicated and the amount of the fee is determined.

As added by P.L.221-1991, SEC.34.
Ind. Code § 36-8-10.6-3 — Indiana Code / Title 36 / Article 8 / Chapter 10.6 / Section 36-8-10.6-3
Executive training program for fire chiefs; requirements
Status: in_force

Sec. 3. (a) After January 1, 2022, a newly appointed fire chief of a political subdivision must successfully complete the executive training program within one (1) year of appointment unless:

(1) a course is not offered within the twelve (12) months after the date that the fire chief initially takes office; or

(2) space in the program is not available at a time that will allow the fire chief to complete the program within twelve (12) months after the date that the fire chief initially takes office.

(b) If a fire chief is unable to successfully complete the executive training program within one (1) year of appointment for any of the reasons described in subsection (a), the fire chief must successfully complete the next available executive training program that is presented by the department.

As added by P.L.187-2021, SEC.144.
Ind. Code § 36-9-27-62 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-62
Establishing new regulated drains; preparation of schedule of assessments; determination of damages
Status: in_force

Sec. 62. (a) When the county surveyor has completed the maps, profiles, and plans required by section 61 of this chapter, the county surveyor shall meet with the board, and the board shall take the following actions:

(1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the proposed drain and the name and address of the owner of the land. The name, address, and description shall be taken from the petition. The board shall enter in the assessment schedule the percentage of the total cost of the drain to be assessed against each tract of land. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.

(2) Determine the amount of damages sustained by all owners as a result of the proposed drain, and prepare a schedule of damages containing:

(A) the name and address of each owner determined to be damaged and a description of the owner's land, as shown by the petition;

(B) the amount of each owner's damages; and

(C) an explanation of the injury upon which the determination was based.

The county surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in the county surveyor's report, and the result constitutes the total estimated cost of the proposed drain.

(3) Set forth the amount of each owner's assessment based on the total estimated cost of the proposed drain.

(4) Set forth the amount of each owner's annual assessment based on the estimated periodic maintenance cost of the proposed drain. The percentage used in computing the annual assessment may, but need not, be the same for each tract of land as the percentage used in computing the general assessment.

The board may consider the factors listed in section 112 of this chapter in preparing the schedules.

(b) If land that was not included in the petition is determined to be benefited or damaged, the names of the owners and a description of the land shall be taken from the tax duplicates or record of transfers of the county.

[Pre-Local Government Recodification Citation: 19-4-2-11.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.350.
Ind. Code § 36-1-12.7-2 — Indiana Code / Title 36 / Article 1 / Chapter 12.7 / Section 36-1-12.7-2
"Energy efficient technology"
Status: in_force

Sec. 2. As used in this chapter, "energy efficient technology" refers to any of the following:

(1) Geothermal heating and cooling.

(2) Geothermal hot water generation.

(3) Solar hot water generation.

(4) Photovoltaic power generation.

(5) Wind power generation.

(6) Combined heat and power.

(7) Heat recovery chillers.

(8) Condensing boilers and low temperature heat.

(9) Air to air energy recovery devices.

(10) Autoclaved aerated concrete.

(11) Automated meter readers.

(12) Any other energy technology that has long term environmental value, energy efficiency, and cost effectiveness.

As added by P.L.159-2003, SEC.3.
Ind. Code § 36-9-4-35.1 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-35.1
Board of directors; adoption of rules for operation of systems; rates, routings, and standards of service
Status: in_force

Sec. 35.1. The board of directors of a public transportation corporation shall, by ordinance, make rules governing the use, operation, and maintenance of the urban mass transportation system. The board may determine all rates, routings, and hours and standards of service and may change them whenever the board considers a change advisable. However, the board's powers under this section are subject to regulation by the department of state revenue as provided by section 58 of this chapter.

As added by P.L.1-1990, SEC.369.
Ind. Code § 36-1-3-11.4 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-11.4
Commercial motor vehicle
Status: in_force

Sec. 11.4 (a) As used in this section, "commercial motor vehicle" has the meaning set forth in IC 9-13-2-31.

(b) A unit may not adopt or enforce an ordinance that requires an operator of a commercial motor vehicle to obtain a permit from the unit to operate the commercial motor vehicle within the jurisdiction of the unit unless expressly authorized by statute.

As added by P.L.196-2017, SEC.9.
Ind. Code § 36-7-13-23 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-23
Repealed
Status: repealed

As added by P.L.113-2010, SEC.134. Repealed by P.L.172-2011, SEC.162.
Ind. Code § 36-8-12-1 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-1
Application of chapter
Status: in_force

Sec. 1. Except as provided in section 10 of this chapter, this chapter applies to all units except counties.

[Pre-Local Government Recodification Citation: 19-1-40-2.]

As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.72-1992, SEC.4.
Ind. Code § 36-8-9-1 — Indiana Code / Title 36 / Article 8 / Chapter 9 / Section 36-8-9-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all towns.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.60.
Ind. Code § 36-8-16.6-20 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-20
Limitation on additional fees
Status: in_force

Sec. 20. (a) An additional fee relating to the provision of 911 service with respect to prepaid wireless telecommunications service may not be levied by a state agency or local unit of government.

(b) The 911 service prepaid wireless charge imposed by section 12 of this chapter is not considered an additional charge relating to the provision of 911 service for purposes of IC 36-8-16.7-32(d).

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.18; P.L.119-2024, SEC.14.
Ind. Code § 36-7-11-15 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-15
Conformance to statutory requirements for buildings
Status: in_force

Sec. 15. Historic buildings shall be maintained to meet the applicable requirements established under statute for buildings generally so as to prevent the loss of historic material and the deterioration of important character defining details and features.

[Pre-Local Government Recodification Citation: 18-7-22-11 part.]

As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997, SEC.16.
Ind. Code § 36-8-8-23 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-23
Disability retiree supplemental benefit
Status: in_force

Sec. 23. (a) This section applies to a fund member who:

(1) after June 30, 2009, receives a benefit based on a determination that the member has a Class 1 or Class 2 impairment, regardless of whether the determination was made before, on, or after June 30, 2009; and

(2) before July 1, 2009, has not had the member's disability benefit recalculated under section 13.5 of this chapter.

(b) Upon becoming fifty-two (52) years of age, a fund member receiving a Class 1 impairment benefit or Class 2 impairment benefit under section 13.5(h)(2) of this chapter is entitled to receive a monthly supplemental benefit determined in STEP THREE of the following formula:

STEP ONE: Determine the greater of:

(A) the monthly retirement benefit payable to a fund member with twenty (20) years of service; or

(B) the monthly retirement benefit payable to a fund member with the total years of service (including both active service and the period, not to exceed twenty (20) years, during which the member received disability benefits) and salary, as of the year the fund member becomes fifty-two (52) years of age, that the fund member would have earned if the fund member had remained in active service until becoming fifty-two (52) years of age.

STEP TWO: Subtract from the amount determined under STEP ONE the amount of any monthly benefit determined under section 13.5 of this chapter that the fund member is entitled to receive for the remainder of the fund member's life.

STEP THREE: Determine the greater of the following:

(A) The remainder determined under STEP TWO.

(B) Zero (0).

(c) A monthly supplemental benefit determined under this section is payable for the remainder of the fund member's life.

As added by P.L.32-2009, SEC.3; P.L.34-2009, SEC.3.
Ind. Code § 36-7-4-1501 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1501
"Development requirement" defined
Status: in_force

Sec. 1501. As used in this series, "development requirement" means a requirement:

(1) for development of real property in a planned unit development district that must be met; and

(2) that conforms to section 1508 of this chapter.

As added by P.L.320-1995, SEC.31.
Ind. Code § 36-7-4-512 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-512
Comprehensive plan; capital improvement projects
Status: in_force

Sec. 512. METRO. This section applies only to capital improvement projects consisting of real or personal property (or improvements) that have a useful life of more than one (1) year and a value of more than one hundred thousand dollars ($100,000). At least thirty (30) days before a governmental entity within the county:

(1) undertakes or acquires any such capital improvement project;

(2) starts the required proceedings to spend money or let contracts for such a project; or

(3) authorizes the issuance of bonds for the purpose of financing such a project;

the governmental entity must notify the metropolitan development commission in writing of the location, cost, and nature of the project. The commission may by rule limit the kinds of capital improvement projects that are subject to the notification requirement of this section. The commission may designate an agency responsible for fiscal analyses or control to receive notifications required by this section.

[Pre-Local Government Recodification Citations: 18-7-2-36; 18-7-3-13 part; 18-7-4-512; 18-7-4-44; 18-7-5-46.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.32; P.L.335-1985, SEC.14.
Ind. Code § 36-1-11-3.1 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-3.1
Sale of residential real property; disapproval
Status: in_force

Sec. 3.1. (a) In addition to any other reason for disapproving a disposal of property under section 3 of this chapter, the executive of a consolidated city may disapprove a sale of a tract of residential property to any bidder who does not by affidavit declare that:

(1) the bidder will reside on that property for at least one (1) year after the bidder obtains possession of it; and

(2) the bidder is eligible to purchase the property under section 16 of this chapter.

(b) When the executive exercises disapproval under this section, the property may be sold to the highest bidder who also presents an affidavit declaring that:

(1) the bidder will reside on that property for a one (1) year period after the bidder obtains possession; and

(2) the bidder is eligible to purchase the property under section 16 of this chapter.

As added by Acts 1981, P.L.306, SEC.1. Amended by P.L.60-1988, SEC.24.
Ind. Code § 36-1-2-23 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-23
"Unit"
Status: in_force

Sec. 23. "Unit" means county, municipality, or township.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-3-3 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-3
Laying out of town, addition to municipality, or subdivision of lots or lands within boundaries of municipality; requisites, approval, and recording of plat; donations or grants to public
Status: in_force

Sec. 3. (a) A person who lays out:

(1) a town;

(2) an addition to a municipality; or

(3) a subdivision of lots or lands within the corporate boundaries of a municipality;

shall record a correct plat of the town, addition, or subdivision in the office of the recorder of the county before selling any lots in the town, addition, or subdivision. The plat must show public grounds, public ways, and the length, width, and size of each lot. Lots shown on the plat must be regularly numbered.

(b) Every donation or grant to the public, or to any person, that is noted as such on the plat, is considered a general warranty to the donee or grantee named on the plat, for the purposes intended by the donor or grantor.

(c) Before offering a plat for record under this section, a person must acknowledge it before an officer authorized by law to take and certify acknowledgments of deeds. The plat may be recorded only if it is made and acknowledged in the manner prescribed by this section.

(d) Before a person offers a plat for recording under this section, the person must submit it for the approval of:

(1) the advisory plan commission that has jurisdiction over the platted area under IC 36-7-4; or

(2) the municipal works board, if no advisory plan commission has jurisdiction over the platted area under IC 36-7-4.

The advisory plan commission or works board shall approve or disapprove the plat, and may require the public ways shown in the plat to be as wide as, and coterminous with, the public ways in contiguous parts of the municipality. The county recorder may record the plat only if a certificate showing the approval of the plan commission or works board is attached to it. If the record of a plat is not executed and approved as required by this subsection, it is void.

[Pre-Local Government Recodification Citations: 18-5-10-33; 18-5-10-34; 18-7-4-711(a) part; 18-7-5-54 part.]

As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.127-2017, SEC.168.
Ind. Code § 36-3-8-5 — Indiana Code / Title 36 / Article 3 / Chapter 8 / Section 36-3-8-5
Adjustment of levies, rates, and budgets
Status: in_force

Sec. 5. (a) The department of local government finance shall adjust maximum permissible property tax levies, rates, and budgets of units of local government as necessary to account for the town becoming an excluded city.

(b) After December 31, 2026, the town is liable for debt service owed by the consolidated city on December 31, 2026, in the same ratio as the assessed valuation of the property in the town bears to the assessed valuation of all property included in the consolidated city until the particular debt service is satisfied. The town is not liable for debt service issued by the consolidated city after December 31, 2026.

As added by P.L.52-2025, SEC.2.
Ind. Code § 36-7-31.5-14 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-14
Warrants
Status: in_force

Sec. 14. All distributions from the additional professional sports development area fund for the county shall be made by warrants issued by the state comptroller to the treasurer of state ordering those payments to the capital improvement board.

As added by P.L.109-2019, SEC.16. Amended by P.L.9-2024, SEC.554.
Ind. Code § 36-9-37-17 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-17
Special fund created under IC 36-9-37-15; warrants for disbursements
Status: in_force

Sec. 17. Warrants for disbursements from the special fund established under section 15 of this chapter shall be drawn and issued in the manner provided by statute for disbursements from municipal funds. The officer having custody of the special fund shall honor and pay those warrants.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-7-32-25 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-25
Declaration; public purpose
Status: in_force

Sec. 25. The establishment of high technology activities and public facilities within a technology park serves a public purpose and is of benefit to the general welfare of a unit by encouraging investment, job creation and retention, and economic growth and diversity.

As added by P.L.192-2002(ss), SEC.187.
Ind. Code § 36-7-11.5-10 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-10
Repealed
Status: repealed

As added by P.L.92-2003, SEC.62. Amended by P.L.28-2004, SEC.180. Repealed by P.L.234-2007, SEC.290.
Ind. Code § 36-9-27-10 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-10
Compensation of members and employees
Status: in_force

Sec. 10. (a) Each member of the board and each person employed by the board under this chapter shall be paid at a rate equal to that provided by law for state employees for each mile necessarily traveled while performing the duties of the member's or employee's office.

(b) The county fiscal body may provide the members of the county executive who serve as members of the board with per diem for their services as members of the board, in an amount fixed by the county fiscal body for each day or major part of a day devoted to the work of the board.

(c) Each appointed freeholder member serving on the board is entitled to a per diem in an amount fixed by the county fiscal body for each day or major part of a day devoted to the work of the board.

[Pre-Local Government Recodification Citation: 19-4-1-6 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.45-1990, SEC.10; P.L.127-2017, SEC.326.
Ind. Code § 36-1-7-13 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-13
Repealed
Status: repealed

As added by P.L.110-1984, SEC.3. Amended by P.L.1-2005, SEC.230. Repealed by P.L.74-2026, SEC.170.
Ind. Code § 36-8-7.5-7 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-7
Employees of local board; compensation
Status: in_force

Sec. 7. The local board shall appoint the actuarial, medical, clerical, legal, or other employees as are necessary, and fix or approve the compensation of each of them, which shall be paid by the treasurer.

As added by Acts 1982, P.L.77, SEC.9.
Ind. Code § 36-2-10-22 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-22
Civil action to collect money
Status: in_force

Sec. 22. If the county coroner finds money and does not deliver it to the treasurer, as required by IC 36-2-14-11, the treasurer shall, in the county treasurer's own name, bring a civil action against the coroner to collect it.

[Pre-Local Government Recodification Citation: 17-3-17-11.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.56-1996, SEC.15.
Ind. Code § 36-2-4-6 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-6
Disagreements on question; continuance
Status: in_force

Sec. 6. If only two (2) members of a county executive are present at a meeting of the executive, and they disagree on a question that is before the executive, the question shall be continued until the next meeting.

[Pre-Local Government Recodification Citation: 17-1-14-7.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-15.2-9 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-9
Assemblage of data; inclusions
Status: in_force

Sec. 9. If a commission believes that the redevelopment and economic development of an area located within its jurisdiction may require the establishment of a district under this chapter before January 1, 1989, the commission shall cause to be assembled data sufficient to make the determinations required under section 10 of this chapter, including the following:

(1) Maps and plats showing the boundaries of the proposed district.

(2) A complete list of street names and the range of street numbers of each street located within the proposed district.

(3) A plan for the redevelopment and economic development of the proposed district.

As added by P.L.84-1987, SEC.13. Amended by P.L.2-1989, SEC.39.
Ind. Code § 36-8-11-8 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-8
Petition to establish district; examination of signatures by legislative body; hearing; ordinance or resolution
Status: in_force

Sec. 8. (a) After a petition is filed under section 5 of this chapter, the county auditor shall present it to the county legislative body at its next regularly scheduled meeting or at a special meeting called for that purpose. Before or at the meeting, the legislative body shall determine whether the petition bears the necessary signatures and complies with requirements as to form and content. The legislative body may not dismiss a petition with the requisite signatures because of alleged defects without permitting amendments to correct errors in form or content.

(b) In determining whether the signers of a petition are freeholders, the names as they appear on the tax duplicates are prima facie evidence of the ownership of land.

(c) If the legislative body determines that the petition conforms to the requirements of this chapter, it may set a date for a public hearing on whether a fire protection district should, as a matter of public policy, be established in the area proposed in the petition. The legislative body may also prepare an ordinance or resolution to establish the district for its consideration, in accordance with applicable laws.

[Pre-Local Government Recodification Citation: 19-1-45-11.]

As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-9-3-30 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-30
Payment of organizational expenses
Status: in_force

Sec. 30. (a) The county or municipality that establishes the authority shall pay the expenses incurred in the organization of the authority; however, the amount of expenses paid may not exceed the amount for authority expenses set by the fiscal body of the establishing county or municipality.

(b) If two (2) or more counties or municipalities cooperate to establish the authority, the division of the costs incurred in the organization must be included in the agreement entered into by the counties or municipalities.

(c) The board shall, from time to time, certify the items of expense to the county auditor, according to the terms of the agreement.

(d) The authority shall fully reimburse each county or municipality out of the first proceeds of any special taxes levied for the purpose of this chapter.

[Pre-Local Government Recodification Citation: 19-5-2.5-27.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.17; P.L.233-2001, SEC.3.
Ind. Code § 36-9-6-14 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-14
Excavations
Status: in_force

Sec. 14. The works board may license the making of excavations from the surface or underneath the surface of a street, alley, or public place in the city. The works board may require bond to pay for damages caused by excavations and to secure the proper repair of the street, alley, or public place.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-1-29-4 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-4
"Local authority"
Status: in_force

Sec. 4. As used in this chapter, "local authority" has the meaning set forth in IC 36-7-4-1109.

As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.4.
Ind. Code § 36-7-10-2 — Indiana Code / Title 36 / Article 7 / Chapter 10 / Section 36-7-10-2
Restricted fire limits
Status: in_force

Sec. 2. (a) This section applies to the following units:

(1) Municipalities.

(2) Counties.

(b) A unit may adopt ordinances that define as restricted fire limits those areas in which congestion of buildings would be conducive to the spread of fire and that prevent the spread of fires within those limits by:

(1) specifying the types of buildings that may not be constructed;

(2) requiring a license for construction of buildings;

(3) limiting the height to which buildings may be constructed;

(4) regulating the type of foundations, walls, roofs, doors, windows, and floors used in buildings that are constructed;

(5) requiring the inspection of buildings and structures that have been, are being, or are to be constructed;

(6) authorizing the revocation of the license for the construction of a building; and

(7) authorizing the condemnation of a completed or partially completed building, either by:

(A) ordinance providing the method of condemnation; or

(B) appropriate action in the name of the municipality, brought when the works board, safety board, or other proper authority finds that the building is dangerous, insecure, or constructed in violation of an ordinance.

(c) A municipality may enforce ordinances adopted under this section within its corporate boundaries and in the contiguous unincorporated area, to the same extent as and in the same area that is under the jurisdiction of the municipal plan commission. However, the municipal ordinance may not be enforced in an unincorporated area if that area is subject to a county ordinance adopted under this section.

[Pre-Local Government Recodification Citation: 18-5-19-1.]

As added by Acts 1981, P.L.309, SEC.29. Amended by Acts 1981, P.L.310, SEC.69.
Ind. Code § 36-9-40-16 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-16
Acceptance of system by works board
Status: in_force

Sec. 16. A system that is completed according to contract must be accepted by the works board.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-6-1-6 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-6
Surface area requirements
Status: in_force

Sec. 6. (a) This section does not apply to a township that is altered under IC 36-1-1.5.

(b) After creation of a township or alteration of a township's boundaries, the township must have:

(1) a surface area of at least twelve (12) square miles and an assessed valuation of at least two million dollars ($2,000,000); or

(2) a surface area of at least twenty-four (24) square miles;

unless it was created or altered under section 3 of this chapter.

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

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.234-2013, SEC.11.
Ind. Code § 36-7-9-19 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-19
Civil forfeitures
Status: in_force

Sec. 19. (a) A court acting under section 17 of this chapter may impose a civil penalty not to exceed five thousand dollars ($5,000) against any person if the conditions of section 18 of this chapter are met. The penalty imposed may not be substantially less than the cost of complying with the order, unless that cost exceeds two thousand five hundred dollars ($2,500). The effective date of the penalty may be postponed for a period not to exceed thirty (30) days, after which the court may order the penalty reduced or stricken if it is satisfied that all work necessary to fully comply with the order has been done.

(b) On request of the enforcement authority the court shall enter a judgment in the amount of the penalty. If there is more than one (1) party defendant, the penalty is separately applicable to each defendant. The amount of a penalty that is collected shall be deposited in the unsafe building fund.

[Pre-Local Government Recodification Citation: 18-5-5.5-19 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.169-2006, SEC.68.
Ind. Code § 36-9-22-3 — Indiana Code / Title 36 / Article 9 / Chapter 22 / Section 36-9-22-3
Sewage works; approval of plans and specifications before construction; ownership by municipality; maintenance and operation
Status: in_force

Sec. 3. (a) Plans and specifications for the sewage works contracted for must be approved by the municipal works board before construction is begun.

(b) Upon their completion, final inspection, and approval the sewage works become the property of the municipality, and the works board may:

(1) approve the construction of the sewage works;

(2) accept sewage from the sewers and pumping stations subject to the sewage rates that the municipality establishes;

(3) operate and maintain the disposal plants subject to the sewage rates that the municipality establishes; and

(4) accept storm water from sewers or approve the location of discharge of storm water.

(c) After the sewage works are approved and accepted by the works board, all further maintenance and operation of them are the responsibility of the municipality.

(d) Subsections (b) and (c) do not apply to lateral sewers or other extensions that, upon completion, become the property and responsibility of the landowners whose property they benefit.

[Pre-Local Government Recodification Citation: 19-2-7-17.]

As added by Acts 1981, P.L.309, SEC.95. Amended by Acts 1982, P.L.77, SEC.21.
Ind. Code § 36-9-24-5 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-5
Options to purchase; authorization of bonds to finance purchase; disposition of property when option not exercised
Status: in_force

Sec. 5. (a) A lease under this chapter must provide that the municipality has an option to purchase the property covered by the lease, under the terms and conditions specified in the lease.

(b) If the municipality exercises the option to purchase, it may obtain money to pay the purchase price by issuing and selling revenue bonds under the statutes governing the issuance and sale of sewage works revenue bonds for additions and extensions to the municipally owned sewage works.

(c) If the municipality does not exercise the option to purchase, the property covered by the lease becomes the absolute property of the municipality when:

(1) the lease has expired; and

(2) the municipality has discharged and performed all its obligations under the lease.

The lessor shall then execute proper instruments conveying good and merchantable title to the property to the municipality.

[Pre-Local Government Recodification Citation: 19-2-5.5-3 part.]

As added by Acts 1981, P.L.309, SEC.97.
Ind. Code § 36-7-27-7 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-7
"Fund"
Status: in_force

Sec. 7. As used in this chapter, "fund" refers to an incremental income tax financing fund established under section 13 of this chapter.

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-12-3-3 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-3
Authority of library board
Status: in_force

Sec. 3. The library board shall govern and set policy for all the affairs of the public library. The library board may:

(1) make rules for the discharge of the library board's responsibilities; and

(2) manage and insure all real and personal property belonging to the public library.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-2.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-11.3-9 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-9
"Person" defined
Status: in_force

Sec. 9. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, a trust, a governmental body or an agency, or other entity, public or private, capable of entering into an enforceable contract.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-1-4.7 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-4.7
"Class 2 structure"
Status: in_force

Sec. 4.7. As used in this chapter, "Class 2 structure" has the meaning set forth in IC 22-12-1-5.

As added by P.L.73-2026, SEC.15.
Ind. Code § 36-6-4-21 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-21
Township annual report regarding fire protection and emergency services
Status: in_force

Sec. 21. (a) As used in this section, "department" refers to the department of local government finance.

(b) Beginning in 2026, and each year thereafter, each township trustee shall submit, using the department's computer gateway established under IC 5-14-3.8-3, the following information in a manner prescribed by the department, in consultation with the department of homeland security:

(1) Whether the township operates a fire department, including a volunteer fire department, and, if so, the name of the fire department operated by the township.

(2) Whether the township participates in a fire territory under IC 36-8-19, and, if so, the name of the unit that is the provider unit.

(3) Whether the township participates in a fire protection district under IC 36-8-11, and, if so, the name of the fire department.

(4) Whether the township has an agreement with another unit to provide fire protection in a manner other than described in subdivisions (1) through (3), and the name of each unit that participates in the agreement.

(5) Whether fire protection is provided by a municipality, and, if so, the name of the municipality.

(6) Contact information for each fire department or provider unit described in subdivisions (1) through (5).

(7) The types of emergency services provided by each fire department or provider unit described in subdivisions (1) through (5).

(8) Any information prescribed by the department, in consultation with the department of homeland security necessary for the department of homeland security to comply with subsection (d).

(c) The department shall compile the information provided to the department under subsection (b) and provide the information to the department of homeland security.

(d) The department of homeland security shall use the information provided by the department under subsection (c) to ascertain the following information:

(1) The entity that provides fire protection for each township.

(2) Where each fire department and provider unit is located.

(3) The service area for each fire department or fire territory.

(4) Whether the fire service provided within the township is provided by a professional or volunteer fire department.

(5) The types of emergency services provided in each township.

(6) Contact information for each fire department and provider unit that provides fire and emergency services in the township, including the following information:

(A) The contact name and address.

(B) The telephone number.

(C) The electronic mail address.

(7) Any other information the department of homeland security deems necessary.

(e) The information described in subsection (d) shall be made available on the department of homeland security's website and made available in a machine readable format.

As added by P.L.134-2026, SEC.10.
Ind. Code § 36-7-11.1-8 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-8
Permits for work; application; certificate of appropriateness
Status: in_force

Sec. 8. (a) After adoption of the historic preservation plan for any historic area, permits may be issued by the department of metropolitan development for the construction of any structure in the area or the reconstruction, alteration, or demolition of any structure in the area only if the application for the permit is accompanied by a certificate of appropriateness issued under section 10 of this chapter.

(b) Notwithstanding subsection (a), if the historic preservation plan for the historic area specifically exempts certain categories of work involving the construction, reconstruction, alteration, or demolition of structures in that area from the requirement that a certificate of appropriateness be issued, then a permit for the work may be obtained from the department of metropolitan development without the issuance of a certificate of appropriateness.

(c) After the adoption of the historic preservation plan for any area, all governmental agencies shall be guided by and give due consideration to the plan in any official acts affecting the area.

(d) On application by any governmental agency or interested party in accordance with section 9 of this chapter, the commission shall make a determination of the appropriateness of any proposed governmental action affecting a historic area. Any official action in conflict with the plan or determined by the commission to be inappropriate is presumed to be not in the public interest and is subject to the enforcement provisions of section 12 of this chapter.

(e) The commission's determination of appropriateness is a prerequisite to any governmental order or action to alter or demolish any designated historic site or any structure in a historic area. No rezoning or variance applicable to a historic area, or any part of it, may be approved by the metropolitan development commission or granted by a board of zoning appeals, except on the commission's prior issuance of a certificate of appropriateness.

As added by Acts 1982, P.L.77, SEC.6.
Ind. Code § 36-4-8-13 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-13
Violations by city official; offense; liability
Status: in_force

Sec. 13. A city official who recklessly:

(1) issues a bond, certificate, or warrant for the payment of money in excess of an appropriation; or

(2) enters into an obligation prohibited by section 12 of this chapter;

commits a Class B misdemeanor and is liable on the city official's official bond to any person injured by the city official's actions.

[Pre-Local Government Recodification Citation: 18-1-6-9.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.136.
Ind. Code § 36-9-27-106 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-106
Judicial review; petition
Status: in_force

Sec. 106. (a) Any owner of land affected by a final order or determination of a board is entitled to judicial review of that order or determination in the circuit or superior court of the county in which the board is located. The owner must file in the court a petition:

(1) setting out the order or determination complained of; and

(2) alleging specifically that the order or determination is arbitrary, capricious, unlawful, or not supported by substantial evidence;

and pay the fee required under IC 33-37-4-4. If the order or determination to be appealed was made by a joint board, the petition must be filed in the circuit or superior court of the county that elected the surveyor who serves as an ex officio member of the joint board.

(b) A petition for judicial review under subsection (a) must be filed within twenty (20) days after:

(1) the date of publication of notice by the board that the order or determination has been made; or

(2) the order or determination was served on the person seeking the judicial review, if the order was served on that person.

(c) A copy of the petition shall be served on the board within five (5) days after the petition is filed. If the order or determination arose in a proceeding initiated by petition for the construction of a new drain under section 54 of this chapter, a copy shall also be served on the attorney for the petitioner, unless the petitioner is the person seeking the judicial review. Service under this subsection:

(1) is sufficient to bring the board and any petitioner for a new drain into court;

(2) may be made on the board by serving a copy of the petition on the county surveyor personally or by leaving it at the surveyor's official office; and

(3) may be made on the attorney for the petitioner by serving a copy of the petition on the attorney personally or by leaving a copy of it at the attorney's address as set forth in the petition.

(d) Within twenty (20) days after receipt of notice that any person has filed a petition for review, the board shall prepare a certified copy of the transcript of the proceedings before the board and file it with the clerk of the court. The petitioner shall pay the cost of preparing this transcript. An extension of time in which to file the transcript shall be granted by the court upon a showing of good cause.

(e) On the filing of a petition for review, the clerk of the court shall docket the cause in the name of petitioner and against the board. The issues shall be considered closed by denial of all matters at issue without the necessity of filing any further pleadings.

(f) When the owners of less than ten percent (10%) of the affected lands petition for judicial review, issues not triable de novo do not operate to stay work unless an appeal bond is posted.

[Pre-Local Government Recodification Citations: 19-4-8-1; 19-4-8-2; 19-4-8-3; 19-4-8-4.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.351-1985, SEC.2; P.L.192-1986, SEC.40; P.L.305-1987, SEC.37; P.L.98-2004, SEC.163.
Ind. Code § 36-10-11-21 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-21
Bonds; execution and sale
Status: in_force

Sec. 21. (a) The bonds shall be executed by the president of the board, and the corporate seal of the authority shall be affixed and attested by the secretary of the board. The interest coupons attached to the bonds shall be executed by placing the facsimile signature of the treasurer on them. The bonds shall be sold by the board:

(1) at public sale for not less than the par value; or

(2) alternatively, at a negotiated sale.

Notice of sale shall be published in accordance with IC 5-3-1.

(b) If the bonds are sold at a public sale, the board shall award the bonds to the highest bidder as determined by computing the total interest on the bonds from the date of issue to the dates of maturity and deducting the premium bid, if any. If the bonds are not sold on the date fixed for the sale, the sale may be continued from day to day until a satisfactory bid has been received.

(c) Any premium received from the sale of the bonds shall be used solely for the payment of principal and interest on the bonds.

(d) Before the preparation of definitive bonds, temporary bonds may under like restrictions be issued with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The total amount of bonds issued by the authority under this section, when added to any loan or loans negotiated under section 22 of this chapter, may not exceed three million dollars ($3,000,000).

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.125-2018, SEC.13; P.L.38-2021, SEC.110; P.L.236-2023, SEC.216; P.L.230-2025, SEC.152.
Ind. Code § 36-6-1.5-9 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-9
Provisions concerning state and federal licensing, rules, regulations, and governmental assistance
Status: in_force

Sec. 9. Upon the corporate dissolution of a township government under this article, the following apply for purposes of all state and federal licensing and regulatory laws, statutory entitlements, gifts, grants-in-aid, governmental loans, or other governmental assistance under state or federal statutes, rules, or regulations:

(1) The entire geographic area and population of a new township government that is established under this chapter shall be used when calculating and determining the distribution basis for the following:

(A) State or federal government statutory entitlements.

(B) Gifts.

(C) Grants-in-aid.

(D) Loans.

(E) Any form of governmental assistance that is not listed in this subdivision.

(2) Following a public hearing for which notice is published in accordance with IC 5-3-1 at least thirty (30) days before the public hearing takes place, the executive of a new township government that is established under this chapter shall determine and designate to the appropriate state or federal agency the:

(A) geographic areas;

(B) parts of roads;

(C) segments of population; or

(D) combinations of the items listed in clauses (A) through (C);

that constitute rural or urban areas, roads, or populations, if this designation was previously required of any township that merges under this chapter.

As added by P.L.240-2005, SEC.3.
Ind. Code § 36-10-14-5 — Indiana Code / Title 36 / Article 10 / Chapter 14 / Section 36-10-14-5
Lease or purchase of nonschool property
Status: in_force

Sec. 5. The board may lease or purchase grounds in addition to the school grounds, either adjacent to the school grounds or elsewhere in the city. The board may also, under eminent domain statutes, condemn ground to be used for these purposes and pay for condemned ground out of the school revenues of the city not otherwise appropriated.

[Pre-2006 Education Finance Recodification Citation: 20-26-8-4(a) part.]

As added by P.L.2-2006, SEC.197.
Ind. Code § 36-7-27-10 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-10
"Tax area"
Status: in_force

Sec. 10. As used in this chapter, "tax area" means a geographic area established by a commission under section 11 of this chapter in which a qualified economic development tax project is located.

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-8-12-10.3 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-10.3
Volunteers; worker's compensation
Status: in_force

Sec. 10.3. (a) This section applies to an employee of a private employer who:

(1) is a volunteer firefighter or volunteer member; and

(2) has notified the employee's employer in writing that the employee is a volunteer firefighter or volunteer member, regardless of whether the employer rejected the notification under section 10.7(c) of this chapter.

(b) An employee described in subsection (a) who leaves the employee's duty station to respond to a fire or emergency call after the employee has reported to work shall, for worker's compensation purposes, be considered an employee of the unit while in the performance of the duties of a volunteer firefighter or volunteer member.

(c) The employee described in subsection (a) shall, for worker's compensation purposes, be considered as having entered in and acted in the regular course and scope of the employment with the unit when the employee responds to the fire or emergency call as a volunteer firefighter or volunteer member, regardless of whether the employee responds by traveling:

(1) to a fire station or other place where firefighting equipment that the company or unit is to use is located; or

(2) to perform any activities that the employee may be directed to do by the chief of the fire department or, in the absence of the chief, the ranking officer.

(d) The employee described in subsection (a) shall, for worker's compensation purposes, be considered an employee of the unit until the employee returns to the location from which the employee was originally called to active duty, or until the employee engages in an activity beyond the scope of the performance of the duties of the volunteer firefighter or volunteer member, whichever occurs first.

As added by P.L.167-2019, SEC.4.
Ind. Code § 36-1-10-21 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-21
Not-for-profit corporations; issuance and sale of bonds and other securities
Status: in_force

Sec. 21. (a) A not-for-profit corporation qualifying as a lessor corporation under this chapter may issue and sell bonds and other securities. Mortgage bonds issued by a lessor corporation that are a first lien on the leased property shall be considered legal and proper investments for state banks and trust companies, insurance companies, and fiduciaries.

(b) Bonds issued by a lessor corporation may be sold at a private sale, a negotiated sale, or a public sale. If bonds are sold at public sale, they shall be sold pursuant to IC 5-1-11, but the notice of sale shall be published in the manner required for bonds of the county in which the leased property is or will be located.

(c) Approval of the securities commissioner is not required in connection with the issuance and sale of the bonds.

As added by P.L.2-1989, SEC.23.
Ind. Code § 36-1-9.5-20 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-20
Statement of experience; form; contents
Status: in_force

Sec. 20. A contractor desiring to offer bids for the performance of contracts for which an entity requires prequalification must file a statement of experience and financial condition using a form prescribed by the state board of accounts. The statement must include a complete report of the following of the prospective bidder:

(1) Financial ability.

(2) Adequacy of plant and equipment.

(3) Organization and experience.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-12-3-1 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies only to Class 1 public libraries.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-1.5-4-28 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-28
Form of public question; approval by department of local government finance; certification of public question; placing public question on ballot
Status: in_force

Sec. 28. (a) A public question under this chapter shall be placed on the ballot in all of the precincts that are located in the reorganizing political subdivisions in substantially the following form:

(Insert a brief description of the structure of the proposed reorganized political subdivision that will succeed the reorganizing political subdivisions.)

"Shall _________ (insert name of political subdivision) and _________ (insert name of political subdivision) reorganize as a single political subdivision?".

(b) The public question must appear on the ballot in the form approved by the county election board. A brief description of the reorganized political subdivision that will succeed the reorganizing political subdivisions, and the public question described in subsection (a), shall be placed on the ballot in the form prescribed by IC 3-10-9-4. The county election board shall submit the language to the department of local government finance for review.

(c) The department of local government finance shall review the language of the public question to evaluate whether the description of the reorganized political subdivision that will succeed the reorganizing political subdivisions is accurate and is not biased against either a vote in favor of the reorganization or a vote against the reorganization. The department of local government finance may:

(1) approve the ballot language as submitted; or

(2) modify the ballot language as necessary to ensure that the description of the reorganized political subdivision that will succeed the reorganizing political subdivisions is accurate and is not biased.

The department of local government finance shall certify its approval or recommendations to the county election board not more than ten (10) days after the language of the public question is submitted to the department for review. If the department of local government finance recommends a modification to the ballot language, the county election board shall, after reviewing the recommendations of the department of local government finance, submit modified ballot language to the department for the department's approval or recommendation of any additional modifications. The public question may not be certified under IC 3-10-9-3 unless the department of local government finance has first certified the department's final approval of the ballot language for the public question to the county recorder.

(d) When the county recorder receives final approval of the ballot language under this section, the county recorder shall immediately certify the public question to the county election board under IC 3-10-9-3 and file a notice of the certification with the county auditor. The county election board shall place the public question on the ballot in accordance with IC 3-10-9 at the next regularly scheduled general or municipal election that will occur in all of the precincts of the reorganizing political subdivisions.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.17; P.L.216-2015, SEC.42.
Ind. Code § 36-9-2-20 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-20
Repeal of extraterritorial authority; ordinances and resolutions adopted before July 1, 2019
Status: in_force

Sec. 20. (a) Except as provided in subsection (c), the repeal of section 19 of this chapter operates to void an ordinance or resolution adopted by a municipality before July 1, 2019, that exercises a power:

(1) under the sole authority of:

(A) section 9 of this chapter;

(B) section 10 of this chapter;

(C) section 11 of this chapter;

(D) section 12 of this chapter;

(E) section 13 of this chapter; or

(F) any combination of the statutes listed in clauses (A) through (E); and

(2) within the ten (10) mile area outside the municipality's boundaries under the authority of section 19 of this chapter (before its repeal).

(b) The repeal of section 19 of this chapter does not prohibit a municipality's ability to take water from a watercourse within the ten (10) mile area outside the municipality's corporate boundaries.

(c) The repeal of section 19 of this chapter does not:

(1) prohibit or affect a municipality's authority to exercise a power under section 9, 10, 11, 12, or 13 of this chapter with regard to a watercourse within a municipal park:

(A) located within the ten (10) mile area outside the municipality's boundaries; and

(B) that is owned or operated by the municipality pursuant to a lease agreement in effect on June 30, 2019; or

(2) void an ordinance or resolution adopted under the authority of section 9, 10, 11, 12, or 13 of this chapter with regard to a watercourse described in subdivision (1).

As added by P.L.277-2019, SEC.14.
Ind. Code § 36-1.5-4-19 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-19
Consideration of reorganization plan by legislative bodies
Status: in_force

Sec. 19. The legislative body of each of the reorganizing political subdivisions shall provide for the following:

(1) Consideration of a plan of reorganization in the form of a resolution incorporating the plan of reorganization in full or by reference.

(2) Reading of the resolution incorporating the plan of reorganization in at least two (2) separate meetings of the legislative body of the political subdivision.

(3) Conducting a public hearing on the plan of reorganization:

(A) not sooner than five (5) days after notice of the public hearing is published under IC 5-3-1; and

(B) before the legislative body takes final action on the resolution to adopt the plan of reorganization.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.11.
Ind. Code § 36-7-12-33 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-33
Property taxes; liability and exemptions
Status: in_force

Sec. 33. (a) A unit is exempt from all property taxes on economic development or pollution control facilities.

(b) A developer or user is liable for property taxes on economic development or pollution control facilities as provided by statute. However, this section does not deny any tax exemption a developer or user may have under other statutes because of the nature of the facilities or the developer or user.

[Pre-Local Government Recodification Citation: 18-6-4.5-24.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.58.
Ind. Code § 36-9-27.4-17 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-17
Duty of board upon finding of unintentional obstruction
Status: in_force

Sec. 17. If the drainage board:

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

(2) does not find under section 15 of this chapter that the obstruction of the drain or a natural surface watercourse was created intentionally by any of the respondents;

the drainage board shall enter an order under section 18 or 19 of this chapter concerning the removal of the obstruction.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-10-11-14 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-14
Lease; option to purchase
Status: in_force

Sec. 14. (a) An option to purchase on the dates of each year fixed in the lease, before the expiration of the lease, may also be included in the original lease. The price must be computed by a method set out in the lease. The option may be given to one (1) or more lessees acting jointly or severally.

(b) A lease may not obligate a governmental entity to purchase the leased building or pay creditors or bondholders of the authority.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-4-1019 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1019
Reconstruction, repair, renovation, or replacement of structure within mobile home community or on other private property permitted without loss of status as legal, nonconforming structure or use
Status: in_force

Sec. 1019. (a) The definitions in IC 16-41-27 apply throughout this section.

(b) For purposes of this section:

(1) a legal, nonconforming structure includes:

(A) a mobile home;

(B) a manufactured home; or

(C) an industrialized residential structure;

that is considered a legal, nonconforming structure by a unit; and

(2) a legal, nonconforming use includes the use of a parcel of real property, or any part of a parcel of real property, for residential purposes by one (1) or more:

(A) mobile homes;

(B) manufactured homes; or

(C) industrialized residential structures;

if the use is considered a legal, nonconforming use by a unit.

(c) In an enforcement action brought under this chapter, the party alleging the existence of a legal, nonconforming use or variance granted by a board of zoning appeals has the burden of proof on that issue. The nonexistence of a nonconforming use or variance need not be proved.

(d) Except as provided in subsection (e) and subject to subsection (f), whenever a legal, nonconforming structure on a parcel of real property used for residential purposes within a mobile home community or on other private property is damaged, destroyed, or removed, the owner of the parcel shall be permitted to reconstruct, repair, renovate, or replace the structure without losing the status of the structure or parcel, or any part of the parcel, as a legal, nonconforming structure or use if the reconstruction, repair, renovation, or replacement meets the following requirements:

(1) The structure will continue to be used for residential purposes.

(2) Subject to IC 25-23.7-8, the new foundation of the reconstructed, repaired, renovated, or replaced structure may not exceed the square footage of the foundation of the damaged, destroyed, or removed structure.

(e) The provisions of subsection (d) concerning the reconstruction, repair, renovation, or replacement of a damaged, destroyed, or removed nonconforming structure do not authorize the reconstruction, repair, or renovation of a damaged or destroyed nonconforming structure that is:

(1) subject to the jurisdiction of a preservation commission organized under:

(A) IC 36-7-11;

(B) IC 36-7-11.1;

(C) IC 36-7-11.2; or

(D) IC 36-7-11.3; or

(2) located within a flood plain (as defined in IC 14-8-2-99).

(f) The provisions of subsection (d) concerning the continuing status of a structure or parcel, or any part of the parcel, as a legal, nonconforming structure or use apply regardless of whether:

(1) the structure or parcel, or any part of the parcel, is conferred status as a legal, nonconforming structure or use within a mobile home community or on other private property; or

(2) the legal nonconforming structure is:

(A) damaged, destroyed, or removed; or

(B) reconstructed, renovated, repaired, or replaced;

before, on, or after March 15, 2022.

[Pre-Local Government Recodification Citation: 18-7-2-85 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.60; P.L.134-2020, SEC.1; P.L.53-2022, SEC.4; P.L.137-2023, SEC.15.
Ind. Code § 36-7-11.9-9.3 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-9.3
"Taxable bonds"
Status: in_force

Sec. 9.3. "Taxable bonds" means bonds, the interest on which will not be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code.

As added by P.L.25-1987, SEC.44.
Ind. Code § 36-6-8-12 — Indiana Code / Title 36 / Article 6 / Chapter 8 / Section 36-6-8-12
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-4-29-2 part.]

As added by Acts 1980, P.L.212, SEC.5. Repealed by Acts 1980, P.L.125, SEC.32.
Ind. Code § 36-9-24-6 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-6
Optional provisions of leases; payment of taxes, assessments, insurance, and maintenance expenses
Status: in_force

Sec. 6. (a) A lease under this chapter may provide that:

(1) as part of the lease rental for the facilities, the municipality shall agree to:

(A) pay all property taxes and assessments levied against or on account of the facilities; and

(B) maintain insurance on the facilities for the benefit of the lessor; and

(2) the municipality shall assume all responsibilities for the operation, maintenance, repair, alteration, and extension of the facilities.

(b) However, the lease rental and the expenses incurred under this chapter are payable solely from the revenues derived from sewage and sewer fees to be collected by the municipality from property and users in the area served by the facilities.

[Pre-Local Government Recodification Citation: 19-2-5.5-4.]

As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.3.
Ind. Code § 36-9-37-9 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-9
Certification of assessment roll; liens
Status: in_force

Sec. 9. (a) When the assessment roll for an improvement ordered by the works board of a municipality is finally approved, the assessment roll shall be certified to the municipal fiscal officer. The fiscal officer shall then collect the special assessments listed on the assessment roll.

(b) Each special assessment constitutes a lien against the property on which the special assessment is levied.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-5-5-3 — Indiana Code / Title 36 / Article 5 / Chapter 5 / Section 36-5-5-3
Legislative body members barred
Status: in_force

Sec. 3. The town legislative body may not employ one of its members as the manager.

[Pre-Local Government Recodification Citation: 18-3-1.5-1 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.22.
Ind. Code § 36-2-11-10 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-10
Recording requirements
Status: in_force

Sec. 10. The recorder may record sheets conforming in size, color, weight, and texture to the pages of the appropriate official record book in which similar instruments are recorded, if:

(1) the complete text of a printed instrument comprising ten (10) or more printed pages has been accurately and legibly printed on the sheets;

(2) the original instrument is filed for record in the recorder's office at the same time; and

(3) the recorder is satisfied that the complete text of the original instrument has been accurately and legibly printed on the sheets.

After the recorder has numbered the sheets and entered them into the official record, the instruments are considered to have been properly recorded.

[Pre-Local Government Recodification Citations: 17-3-52-1; 17-3-52-2.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.77.
Ind. Code § 36-12-11-16 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-16
Complaints; resolution; dismissal; board determination
Status: in_force

Sec. 16. (a) If the director is unable to satisfactorily resolve a complaint that the director has determined to have merit under section 15 of this chapter, the director shall notify the board, which shall take jurisdiction of the complaint.

(b) If a complaint is dismissed by the director under section 15 of this chapter, the complainant may file a written appeal with the board within thirty (30) days after the date of dismissal. The board shall then take jurisdiction of the complaint.

(c) During the forty-five (45) days after the board receives notification or appeal under subsection (a) or (b), the director shall not conduct an investigation or take any action, unless requested by the board. When the forty-five (45) day period has elapsed, the board shall make the determination whether:

(1) the complaint should be:

(A) dismissed;

(B) prosecuted; or

(C) investigated further; or

(2) a resolution to the complaint should be negotiated.

If the board determines that further investigation or negotiation is warranted, the board may, at a later date, prosecute or dismiss the complaint.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-16.]

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.38.
Ind. Code § 36-1-7-12 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-12
Purchase, sale, or exchange of services, supplies, or equipment
Status: in_force

Sec. 12. (a) Whenever a contract provides for the purchase, sale, or exchange of services, supplies, or equipment between or among Indiana governmental entities only, no notice by publication or posting is required.

(b) Whenever a contract provides for one (1) Indiana governmental entity to make a purchase for another, compliance by the one with the applicable statutes governing public bids constitutes compliance by the other.

(c) A governmental entity may make a purchase from any other governmental entity or under another governmental entity's referenced written contract if there is compliance with state purchasing law by the original purchasing unit.

(d) Two (2) or more governmental entities may procure together or with a nonprofit entity if the requirements of the public purchasing statutes are met.

[Pre-Local Government Recodification Citations: 18-5-2-2; 18-5-2-2.5.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.195-2007, SEC.6.
Ind. Code § 36-8-13-0.1 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.83-1998 apply only to purchases that occur after June 30, 1998.

As added by P.L.220-2011, SEC.677.
Ind. Code § 36-7.6-4-15 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-15
Bonds; contesting validity
Status: in_force

Sec. 15. An action to contest the validity of bonds to be issued under this chapter may not be brought after the time limitations set forth in IC 5-1-14-13.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-9-3-14 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-14
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-5-2.5-11.]

As added by Acts 1981, P.L.309, SEC.76. Repealed by P.L.235-1997, SEC.18.
Ind. Code § 36-1-9.5-49 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-49
Reconsideration request by aggrieved contractor
Status: in_force

Sec. 49. A contractor dissatisfied with a decision by an entity under this chapter may make a written request for reconsideration to the prequalification administrator.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-9-37-7 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-7
Municipal fiscal officers; surety bonds; personal liability
Status: in_force

Sec. 7. (a) A municipal fiscal officer acting under this chapter shall, in the manner prescribed by IC 5-4-1, obtain, execute, and file a bond conditioned upon the following:

(1) The faithful compliance of the municipal fiscal officer with this chapter.

(2) The faithful accounting for all money coming into the municipal fiscal officer's possession under the Barrett Law.

(b) A municipal fiscal officer who does any of the following is personally liable to a person suffering loss due to that action and may be removed from office by proper action filed under IC 5-8-1-35:

(1) Fails to collect the interest or penalties provided for by this chapter on delinquent assessments and installments of assessments.

(2) Fails to enforce the collection of the assessments by the sale of the property. However, this subdivision does not apply to a municipal fiscal officer of a municipality that has adopted an ordinance under section 24(a) of this chapter.

(3) Otherwise fails to comply with this chapter.

(c) The surety on the municipal fiscal officer's bond is also liable to the extent of the bond.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-2-7-3 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-3
County officers; mileage allowance
Status: in_force

Sec. 3. County officers, except for officers subject to sections 4 and 5 of this chapter, are entitled to a sum for mileage in the performance of their official duties in an amount determined by the county fiscal body.

[Pre-Local Government Recodification Citation: 17-3-72-14 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.10-1997, SEC.26.
Ind. Code § 36-7-30-13 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-13
Amendments to resolution or plan
Status: in_force

Sec. 13. (a) The reuse authority must conduct a public hearing before amending a resolution or plan for a military base reuse area. The reuse authority shall give notice of the hearing in accordance with IC 5-3-1. The notice must do the following:

(1) Set forth the substance of the proposed amendment.

(2) State the time and place where written remonstrances against the proposed amendment may be filed.

(3) Set forth the time and place of the hearing.

(4) State that the reuse authority will hear any person who has filed a written remonstrance during the filing period set forth in subdivision (2).

(b) For the purposes of this section, the consolidation of areas is not considered the enlargement of the boundaries of an area.

(c) If the reuse authority proposes to amend a resolution or plan, the military base reuse authority is not required to have evidence or make findings that were required for the establishment of the original military base reuse area. However, the reuse authority must make the following findings before approving the amendment:

(1) The amendment is reasonable and appropriate when considered in relation to the original resolution or plan and the purposes of this chapter.

(2) The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the unit.

(d) Notwithstanding subsections (a) and (c), if the resolution or plan is proposed to be amended in a way that enlarges the original boundaries of the area by more than twenty percent (20%), the reuse authority must use the procedure provided for the original establishment of areas and must comply with sections 10 through 12 of this chapter.

(e) At the hearing on the amendments, the reuse authority shall consider written remonstrances that are filed. The action of the reuse authority on the amendment is final and conclusive, except that an appeal of the reuse authority's action may be taken under section 14 of this chapter.

(f) If the reuse authority confirms, or modifies and confirms, the resolution and the resolution includes a provision establishing or amending an allocation provision under section 25 of this chapter, the reuse authority shall file a copy of the resolution with both the auditor of the county in which the proposed project is located and the department of local government finance, together with any supporting documents that are relevant to the computation of assessed values in the allocation area, within thirty (30) days after the date on which the reuse authority takes final action on the resolution.

As added by P.L.26-1995, SEC.14. Amended by P.L.214-2019, SEC.46; P.L.257-2019, SEC.136.
Ind. Code § 36-1-12.5-8 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-8
Approval required
Status: in_force

Sec. 8. Conservation measures installed under a utility efficiency program or a guaranteed savings contract must be approved by the following:

(1) The Indiana department of health, department of homeland security, and any other state agency designated by statute.

(2) An architect or engineer licensed under IC 25-4 or IC 25-31 if the conservation measures have a cost of more than fifty thousand dollars ($50,000).

As added by P.L.24-1993, SEC.6. Amended by P.L.1-2006, SEC.555; P.L.168-2006, SEC.16; P.L.187-2021, SEC.139; P.L.56-2023, SEC.328.
Ind. Code § 36-3-4-12 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-12
Ordinance requiring two-thirds vote with unanimous consent of members present
Status: in_force

Sec. 12. (a) A two-thirds (2/3) vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of a legislative body on the same day or at the same meeting at which it is introduced.

(b) Subsection (a) does not apply to an ordinance that is:

(1) initiated by a director, board, or commission and does not provide for an appropriation or tax levy or the incurring of any general obligation indebtedness; or

(2) for a reappropriation or transfer of money previously appropriated by the annual budget ordinance.

Such an ordinance may be passed by a majority vote on the same day or at the same meeting at which it is introduced.

(c) Subsection (a) does not apply to a zoning ordinance or amendment to a zoning ordinance that is adopted under IC 36-7.

[Pre-Local Government Recodification Citation: 18-4-5-2(a).]

As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1982, P.L.33, SEC.20; P.L.335-1985, SEC.33.
Ind. Code § 36-7-11.3-31 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-31
Private deliberations; conditions of favorable vote; private agreement on conditions
Status: in_force

Sec. 31. (a) Upon the conclusion of the hearing on a matter and before the voting, the commission members shall, if requested by:

(1) the petitioner;

(2) an interested party; or

(3) a commission member;

deliberate in private before voting.

(b) The commission shall, before voting, consider conditions proposed to the commission at the hearing by a person, including a commission member, concerning the restrictions, limitations, commitments, or undertakings that might be required by the commission as the condition of a vote favorable to the petitioner.

(c) The commission may:

(1) on the commission's own motion; or

(2) at the request of a person;

before voting on a matter, continue the matter for a vote to a future meeting so that the petitioner and a person appearing adverse to the petitioner might privately agree upon the restrictions, limitations, commitments, or undertakings to be proposed to the commission as a condition to a vote by the commission favorable to the petitioner.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(c).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-2-15-10 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-10
Repealed
Status: repealed

As added by P.L.146-2008, SEC.697. Repealed by P.L.167-2015, SEC.11.
Ind. Code § 36-7.5-8-8 — Indiana Code / Title 36 / Article 7.5 / Chapter 8 / Section 36-7.5-8-8
Report to budget committee
Status: in_force

Sec. 8. The development authority shall quarterly report to the budget committee on all uses of money in the fund, including grants provided and grant amounts.

As added by P.L.195-2023, SEC.8.
Ind. Code § 36-1-8.5-3 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-3
"Judge"
Status: in_force

Sec. 3. As used in this chapter, "judge" means an individual who holds or formerly held office as:

(1) a judge of the supreme court, court of appeals, tax court, circuit court, superior court, municipal court, county court, federal court, probate court, or small claims court; or

(2) a magistrate, commissioner, or juvenile referee of a court.

As added by P.L.106-2013, SEC.2. Amended by P.L.14-2014, SEC.1; P.L.191-2015, SEC.14; P.L.133-2020, SEC.10.
Ind. Code § 36-8-7.5-10.5 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-10.5
Use of certain amounts in 1953 fund
Status: in_force

Sec. 10.5. (a) This section applies to a balance in the 1953 fund that:

(1) accrued from property taxes;

(2) is not necessary to meet the pension, disability, and survivor benefit payment obligations of the 1953 fund because of amendments to IC 5-10.3-11-4.7 in 2008; and

(3) is determined under subsection (c).

(b) A local board may authorize the use of money in the 1953 fund to pay any or all of the following:

(1) The costs of health insurance or other health benefits provided to members, survivors, and beneficiaries of the 1953 fund.

(2) The consolidated city's employer contributions under IC 36-8-8-6.

(3) The contributions paid by the consolidated city for a member under IC 36-8-8-8(a).

(c) The maximum amount that may be used under subsection (b) is equal to the sum of the following:

(1) the unencumbered balance of the 1953 fund on December 31, 2008; plus

(2) the amount of property taxes:

(A) imposed for an assessment date before January 16, 2008, for the benefit of the 1953 fund; and

(B) deposited in the 1953 fund after December 31, 2008.

As added by P.L.182-2009(ss), SEC.434.
Ind. Code § 36-7-15.6-20 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-20
Distribution and allocation of taxes following the maturity date of bonds
Status: in_force

Sec. 20. (a) Beginning the day after the maturity date of the bonds issued under section 17 of this chapter, or the bonds described in section 19(a) of this chapter, whichever is applicable, the allocation and distribution provisions under section 13 of this chapter do not apply, and property taxes shall not be allocated and paid into the flood control improvements fund, unless the following requirements are met:

(1) Not later than thirty (30) days before the maturity date of the bonds issued under section 17 of this chapter, or the bonds described in section 19(a) of this chapter, the fiscal body of the unit that established the commission adopts an ordinance to continue the allocation and distribution of property taxes in the district as provided in section 13 of this chapter.

(2) The ordinance adopted under subdivision (1) must specify that property tax proceeds allocated to the fund after the maturity date of the bonds issued under section 17 of this chapter, or the bonds described in section 19(a) of this chapter, must be used solely for the maintenance and repair of flood control works within the district.

(3) The ordinance adopted under subdivision (1) must expire on the date that is one (1) year after the maturity date of the bonds issued under section 17 of this chapter, or the bonds described in section 19(a) of this chapter, whichever is applicable.

(b) Subject to subsection (c), if the fiscal body of a unit adopts an ordinance under subsection (a) to continue the allocation and distribution of property taxes in the district for one (1) year, the fiscal body of the unit may adopt a substantially similar ordinance in the following year or any subsequent year thereafter to continue the allocation and distribution of property taxes in the district according to the same requirements set forth in subsection (a).

(c) The fiscal body of a unit may not adopt an ordinance to continue the allocation and distribution of property taxes in a district after the date that is fifty (50) years after the maturity date of the bonds issued under section 17 of this chapter, or the bonds described in section 19(a) of this chapter, whichever is applicable.

(d) A commission shall not issue or reissue debt obligations for a district that extend beyond twenty-five (25) years after the date of the initial bond issue for the district.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-8-7.5-22 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-22
Special lump sum death benefit in addition to other benefits
Status: in_force

Sec. 22. (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) 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.

(c) 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.3. Amended by P.L.225-1991, SEC.3; P.L.53-1993, SEC.4; P.L.49-1998, SEC.7; P.L.35-2012, SEC.112; P.L.40-2017, SEC.21; P.L.99-2020, SEC.11.
Ind. Code § 36-10-3-15 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-15
Assistant superintendent of parks and recreation; appointment; qualifications; duties
Status: in_force

Sec. 15. (a) If the board determines that the size of the department's operation requires assistants for the superintendent, the board may appoint, upon the recommendation of the superintendent, one (1) or more assistants. The board shall determine their qualifications on a basis similar to that prescribed for the superintendent.

(b) Assistants are directly responsible to the superintendent and shall perform the duties specified by the superintendent.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-32; subsection (b) formerly 19-7-4-33.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-9-17-7 — Indiana Code / Title 36 / Article 9 / Chapter 17 / Section 36-9-17-7
Procedure for awarding contracts; assessments
Status: in_force

Sec. 7. (a) Contracts for public improvements authorized by this chapter shall be let according to the statutes authorizing municipalities to make and finance public improvements.

(b) As soon as any contract for the construction of a public improvement has been let, the municipal works board shall:

(1) carefully compute the entire cost of the project, including payments made and to be made to the contractor and all incidental costs, expenses, and damages paid and incurred according to law; and

(2) prepare and make out an assessment roll listing the assessments against the properties benefited.

In determining and fixing the amount of assessments, the giving of notice of assessments, the holding of public hearings, and the making of final determinations, subject to the right of appeal from those determinations, the municipal works board is governed by the street and sewer improvement statutes.

(c) Assessments made under this chapter are liens on the properties benefited from the time of the letting of the contract and shall be collected in the manner provided by law for the collection of Barrett Law assessments. However, the municipal works board shall fix a period of not more than five (5) years within which the assessments shall be paid. Any property owner liable for an assessment may elect to pay it in annual installments over the period of time fixed by the municipal works board by executing a waiver in the manner provided by the street and sewer improvement statutes.

(d) All payments of assessments and all payments made by the municipality for public improvements under this chapter shall be made into the general improvement fund.

[Pre-Local Government Recodification Citation: 18-6-3-5.]

As added by Acts 1981, P.L.309, SEC.90.
Ind. Code § 36-9-35-4 — Indiana Code / Title 36 / Article 9 / Chapter 35 / Section 36-9-35-4
Boards of trustees; removal from office; appeals
Status: in_force

Sec. 4. (a) Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24, IC 36-9-25, or any other law, a board member may not be removed from office except upon charges preferred before the city executive and a hearing held on them. The only permissible reasons for removal are neglect of duty and incompetence. The board member must be given at least ten (10) days notice of the time and place of the hearing and the opportunity to produce evidence and examine and cross-examine witnesses. All testimony shall be given under oath. The city executive shall prepare written findings and file them with the city clerk.

(b) If the charges are sustained and the board member removed, the board member may appeal the findings within ten (10) days after the date they are filed with the clerk to the circuit or superior court of the county in which the city is located. The board member must file the appeal against the executive stating the charges preferred and the findings made. The court shall hear the appeal de novo without a jury within thirty (30) days after the appeal is filed and shall either ratify or reverse the findings of the executive. The judgment of the court is final and an appeal may not be taken.

As added by P.L.320-1989, SEC.3.
Ind. Code § 36-7-23-23 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-23
Amount of bonds sold
Status: in_force

Sec. 23. In determining the amount of bonds to be issued and sold, the board may include the costs of the following:

(1) Acquisition and construction of infrastructure.

(2) Financing charges, bond sale discount, reasonable issuance costs, and interest accruing on the bonds before and during the construction period and for a reasonable period of time after construction.

(3) Expenses such as legal fees and engineering fees.

(4) All other expenses necessary or incidental to accomplishing the purposes of the authority.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-7-11.1-9 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-9
Necessity of certificate of appropriateness; filing application; issuance procedure
Status: in_force

Sec. 9. (a) A person may not construct any exterior architectural structure or feature in any historic area, or reconstruct, alter, or demolish any such exterior or designated interior structure or feature in the area, until the person has filed with the secretary of the commission an application for a certificate of appropriateness in such form and with such plans, specifications, and other material as the commission may from time to time prescribe and a certificate of appropriateness has been issued as provided in this section. However, this chapter does not:

(1) prevent the ordinary maintenance or repair of any such exterior or designated interior architectural structure or feature that does not involve a change in design, color or outward appearance of it;

(2) prevent any structural change certified by the department of metropolitan development as immediately required for the public safety because of a hazardous condition; or

(3) require a certificate of appropriateness for work that is exempted by a historic preservation plan under section 7 of this chapter.

(b) The commission shall hold a public hearing on any application for certificate of appropriateness. At least ten (10) days before the date set for the hearing, notice shall be published in accordance with IC 5-3-1, and notice shall be given additionally to the affected parties in accordance with the commission's rules of procedure.

(c) Upon hearing the application for a certificate of appropriateness, the commission shall determine whether the proposal will be appropriate to the preservation of the area and to the furtherance and development of historic preservation.

(d) In determining appropriateness of any proposed construction, reconstruction, or alteration, the commission shall consider, in addition to any other pertinent factors, the visual compatibility, general design, arrangement, color, texture, and materials in relation to the architectural or other design standards prescribed by the plan or any applicable zoning regulation, the design and character of the historic area, and the architectural factors of other structures in it. In determining appropriateness of any proposed demolition, the commission shall consider, in addition to any other pertinent factors, the character and significance of the subject structure in relation to the historic area and any other structures or sites in it, including its relative contribution to the historic and architectural values and significance of the area.

(e) However, if the commission finds under subsection (d) any application to be inappropriate, but that its denial would result in substantial hardship or deprive the owner of all reasonable use and benefit of the subject property, or that its effect upon the historic area would be insubstantial, the commission shall issue a certificate of authorization, which constitutes a certificate of appropriateness for purposes of this chapter.

(f) Issuance of a certificate of appropriateness is subject to review by the metropolitan development commission as to its appropriateness in relation to the comprehensive plan. This review must be in accordance with the same procedures and limitations applicable to appeals of decisions of boards of zoning appeals, as provided in IC 36-7-4, and must be initiated only upon notice of appeal by the division of planning and zoning certifying that this determination interferes with the comprehensive plan. All proceedings and work on the subject premises under the certificate of appropriateness are automatically stayed upon notice of the appeal.

As added by Acts 1982, P.L.77, SEC.6.
Ind. Code § 36-9-27-34 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-34
Classification of drains by county surveyor
Status: in_force

Sec. 34. (a) The county surveyor shall classify all regulated drains in the county as:

(1) drains in need of reconstruction;

(2) drains in need of periodic maintenance; or

(3) drains that should be vacated.

The surveyor shall also consider the designation of urban drains under section 67 of this chapter.

(b) A regulated drain is in need of reconstruction when:

(1) it will not perform the function for which it was designed and constructed;

(2) it no longer conforms to the maps, profiles, and plans prepared at the time when the legal drain was established; or

(3) topographical or other changes have made the drain inadequate to properly drain the lands affected without extensive repairs or changes, including:

(A) converting all or part of an open drain to a tiled drain or a tiled drain to an open drain;

(B) adding an open drain to a tiled drain or a tiled drain to an open drain;

(C) increasing the size of the tile;

(D) deepening or widening an open drain;

(E) extending the length of a drain;

(F) changing the course of a drain;

(G) constructing drainage detention basins and drainage control dams;

(H) providing for erosion control and for grade stabilization structures; or

(I) making any major change to a drainage system that would be of public utility.

(c) A regulated drain is in need of periodic maintenance when, with or without the use of mechanical equipment, it can be made to perform the function for which it was designed and constructed, and to properly drain all affected land under current conditions, by periodically:

(1) cleaning it;

(2) spraying it;

(3) removing obstructions from it; and

(4) making minor repairs to it.

(d) A regulated drain should be vacated when:

(1) the drain does not perform the function for which it was designed and constructed, or it has become inadequate to properly drain all affected land under current conditions;

(2) the expense of reconstruction outweighs the benefits of reconstruction; and

(3) the vacation will not be detrimental to the public welfare.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.6.
Ind. Code § 36-1-29-7 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-7
"Permit"
Status: in_force

Sec. 7. As used in this chapter, "permit" has the meaning set forth in IC 36-7-4-1109.

As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.5.
Ind. Code § 36-8-1-13 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-13
"Americans with Disabilities Act"
Status: in_force

Sec. 13. "Americans with Disabilities Act" means the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and all applicable regulations and amendments, if any, related to the Act.

As added by P.L.4-1992, SEC.21.
Ind. Code § 36-7-12-12 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-12
Organizational meetings; officers
Status: in_force

Sec. 12. (a) An economic development commission shall meet within thirty (30) days after its original appointment, at a time and place designated by the executive of the unit, for the purpose of organization, and shall meet to reorganize in February of each succeeding year.

(b) At the meeting required by subsection (a), an economic development commission shall elect one (1) of its members as president, one (1) as vice president, and one (1) as secretary. Each officer shall serve from the date of the officer's election until January 31 after the officer's election, and until the officer's successor is elected and qualified.

[Pre-Local Government Recodification Citation: 18-6-4.5-6 part.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.195.
Ind. Code § 36-9-1-6 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-6
"Public transportation system"
Status: in_force

Sec. 6. "Public transportation system" means any common carrier of passengers for hire.

[Pre-Local Government Recodification Citation: 19-5-2.5-2 part.]

As added by Acts 1981, P.L.309, SEC.72.