Ind. Code § 36-7-32-17 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-17
Allocation and distribution of property taxes
Status: in_force

Sec. 17. (a) An allocation provision adopted under section 15 of this chapter must:

(1) apply to the entire certified technology park; and

(2) require that any property tax on taxable property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes in the certified technology park be allocated and distributed as provided in subsections (b) and (c).

(b) Except as otherwise provided in this section:

(1) the proceeds of the taxes attributable to the lesser of:

(A) the assessed value of the taxable property for the assessment date with respect to which the allocation and distribution is made; or

(B) the base assessed value;

shall be allocated and, when collected, paid into the funds of the respective taxing units; and

(2) the excess of the proceeds of the property taxes imposed for the assessment date with respect to which the allocation and distribution is made that are attributable to taxes imposed after being approved by the voters in a referendum or local public question conducted after April 30, 2010, not otherwise included in subdivision (1) shall be allocated to and, when collected, paid into the funds of the taxing unit for which the referendum or local public question was conducted.

(c) Except as provided in subsection (d), all the property tax proceeds that exceed those described in subsection (b) shall be allocated to the redevelopment commission for the certified technology park and, when collected, paid into the certified technology park fund established under section 23 of this chapter.

(d) Before July 15 of each year, the redevelopment commission shall do the following:

(1) Determine the amount, if any, by which the property tax proceeds to be deposited in the certified technology park fund will exceed the amount necessary for the purposes described in section 23 of this chapter.

(2) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the redevelopment commission, and the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that is wholly or partly located within the allocation area. The notice must:

(A) state the amount, if any, of excess tax proceeds that the redevelopment commission has determined may be allocated to the respective taxing units in the manner prescribed in subsection (c); or

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

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. The redevelopment commission may not authorize an allocation of property tax proceeds under this subdivision if to do so would endanger the interests of the holders of bonds described in section 24 of this chapter.

(e) Notwithstanding any other law, each assessor shall, upon petition of the redevelopment commission, reassess the taxable property situated upon or in, or added to, the certified technology park effective on the next assessment date after the petition.

(f) Notwithstanding any other law, the assessed value of all taxable property in the certified technology park, for purposes of tax limitation, property tax replacement, and formulation of the budget, tax rate, and tax levy for each political subdivision in which the property is located is the lesser of:

(1) the assessed value of the taxable property as valued without regard to this section; or

(2) the base assessed value.

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.146-2008, SEC.774; P.L.203-2011, SEC.21.
Ind. Code § 36-9-33-6 — Indiana Code / Title 36 / Article 9 / Chapter 33 / Section 36-9-33-6
Joint exercise of power
Status: in_force

Sec. 6. Notwithstanding sections 3 and 4 of this chapter, units may jointly exercise a power granted by this chapter in the manner provided by IC 36-1-7.

As added by P.L.353-1985, SEC.2.
Ind. Code § 36-8-12.2-8 — Indiana Code / Title 36 / Article 8 / Chapter 12.2 / Section 36-8-12.2-8
General fund of unit; hazardous materials response fund
Status: in_force

Sec. 8. (a) Money collected under this chapter must be deposited in one (1) of the following:

(1) The general fund of the unit that established the fire department under IC 36-8-2-3 or IC 36-8-13-3(a)(1).

(2) A hazardous materials response fund established under section 8.1 of this chapter by a city or town having a fire department established under IC 36-8-2-3.

(b) Money collected under this chapter may be used only for the following:

(1) Purchase of supplies and equipment used in providing hazardous materials emergency assistance under this chapter.

(2) Training for members of the fire department in skills necessary for providing hazardous materials emergency assistance under this chapter.

(3) Payment to persons with which the fire department contracts to provide services related to the hazardous materials emergency assistance provided by the fire department under this chapter.

As added by P.L.33-2001, SEC.3. Amended by P.L.173-2003, SEC.37.
Ind. Code § 36-7-4-1324 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1324
Ordinance; installment payment plan; fee upon permit issuance; interest; penalty for late payment
Status: in_force

Sec. 1324. (a) An impact fee ordinance must include an installment payment plan. The installment payment plan must at least offer a fee payer the option of paying part of an impact fee in equal installment payments if the impact fee is greater than five thousand dollars ($5,000). In an installment plan under this section:

(1) a maximum of five thousand dollars ($5,000) or five percent (5%) of the impact fee, whichever is greater, may become payable on the date the structural building permit is issued for the development on which the fee is imposed;

(2) the first installment may not become due and payable less than one (1) year after the date the structural building permit is issued for the development on which the fee is imposed; and

(3) the last installment may not be due and payable less than two (2) years after the date the structural building permit is issued for the development on which the fee is imposed.

(b) An impact fee ordinance may require an impact fee of five thousand dollars ($5,000) or less to be paid in full on the date the structural building permit is issued for the development on which the impact fee is imposed.

(c) An impact fee ordinance may provide that a reasonable rate of interest, not to exceed the prejudgment rate of interest in effect at the time the interest accrues, may be charged if the fee payer elects to pay in installments. If interest is charged, the ordinance must provide that interest accrues only on the portion of the impact fee that is outstanding and does not begin to accrue until the date the structural building permit is issued for the development or the part of the development on which the impact fee is imposed.

(d) An impact fee ordinance may provide that if all or part of an installment is not paid when due and payable, the amount of the installment shall be increased on the first day after the installment is due and payable by a penalty amount equal to ten percent (10%) of the installment amount that is overdue. If interest is charged under subsection (c), the interest shall be charged on the penalty amount.

As added by P.L.221-1991, SEC.25.
Ind. Code § 36-7-4-311 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-311
Organization; staff and services; executive director; compensation
Status: in_force

Sec. 311. (a) ADVISORY. The advisory plan commission may appoint, prescribe the duties, and fix the compensation of such employees as are necessary for the discharge of the duties of the commission. This compensation must be in conformity with salaries and compensation fixed up to that time by the fiscal body of the municipality or county, as the case may be. The commission may contract for special or temporary services and any professional counsel.

(b) AREA. The area plan commission shall appoint an executive director for the planning department and fix the director's compensation. To be qualified for the position, the executive director must have training and experience in the field of planning and zoning. The commission may not give any consideration to political affiliation in the appointment of the executive director.

[Pre-Local Government Recodification Citations: 18-7-4-311; 18-7-4-33; 18-7-4-34; 18-7-5-23 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.18; P.L.260-1993, SEC.1; P.L.165-2003, SEC.3.
Ind. Code § 36-7-2-4 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-4
Regulation of alteration and construction of structures and improvements; bonds
Status: in_force

Sec. 4. A unit may regulate methods of, and use of materials in repair, alteration, and construction of structures and other improvements. The unit also may require the execution of a bond by any person repairing, altering, or constructing structures or other improvements.

[Pre-Local Government Recodification Citations: 18-1-1.5-10(g); 18-1-1.5-10(h); 18-1-1.5-10(k); 18-3-1-38 part; 18-4-2-18 part.]

As added by Acts 1980, P.L.211, SEC.2.
Ind. Code § 36-7-17-9 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-9
Conveyances; fee simple title
Status: in_force

Sec. 9. (a) When, after purchase, a person has resided in the dwelling for the required three (3) year period, brought the property into compliance with the required code standards, and otherwise complied with the terms of the person's agreement, the agency shall convey to the person a fee simple title to the property.

(b) When, after purchase, a community organization has brought the property into compliance with the required code standards, documented its intent to list the property for sale, and otherwise complied with the terms of its agreement, the agency shall convey to it a fee simple title to the property.

[Pre-Local Government Recodification Citation: 18-7-21-8.]

As added by Acts 1981, P.L.309, SEC.36. Amended by P.L.177-2003, SEC.15.
Ind. Code § 36-8-2.2-3 — Indiana Code / Title 36 / Article 8 / Chapter 2.2 / Section 36-8-2.2-3
"Fire department"
Status: in_force

Sec. 3. As used in this chapter, "fire department" means a fire department established by a county, city, town, or township, including a fire protection district under IC 36-8-11 or a fire protection territory established under IC 36-8-19. The term does not include a volunteer fire department.

As added by P.L.140-2017, SEC.1.
Ind. Code § 36-9-27-70 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-70
Drains within 300 feet of levees; approval of plans by department of natural resources
Status: in_force

Sec. 70. (a) This section applies whenever the plans and specifications for the construction or reconstruction of any regulated drain disclose that the center line of the drain at any point will come within three hundred (300) feet of any levee that is subject to or was constructed under any statute.

(b) The county surveyor in charge of the work on the drain shall mail the plans and specifications for the drain by certified mail with return receipt requested to the Indiana department of natural resources. The department shall approve or disapprove the plans and specifications within forty-five (45) days after receiving them. If the department fails to act within the time limit, the plans and specifications are considered approved. If the department disapproves the plans and specifications, it shall issue an order stating the reasons for the disapproval, shall recommend specific changes in the plans and specifications that would make them acceptable to the department, and shall serve a copy of the order on the surveyor.

(c) Work on the drain may not be commenced until the plans and specifications have been approved by the department, or until the board is satisfied that the county surveyor has changed the plans and specifications to conform with the department's recommendations.

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

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-15.1-42 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-42
Approval of real property to be acquired; negotiations for purchase; methods and means of acquisition
Status: in_force

Sec. 42. (a) If no appeal is taken, or if an appeal is taken but is unsuccessful, the commission shall proceed with the proposed project, to the extent that money is available for that purpose.

(b) The 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 or interest. 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. However, if the real property is less than five (5) acres in size and the fair market value of the real property or interest has been appraised by one (1) independent appraiser at less than ten thousand dollars ($10,000), the second appraisal may be made by a qualified employee of the department. The prices indicated on the list may not be exceeded unless specifically authorized by the commission under section 39 of this chapter or ordered by a court in condemnation proceedings. The commission may except from acquisition any real property in the area if it 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 commission, by its employees, or by expert negotiators employed for that purpose. The commission shall adopt a standard form of option for use in 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 "City [or Town] of ___________ for the use and benefit of its Redevelopment District".

(d) Notwithstanding subsections (a) through (c), the commission may, before the time referred to in this section, accept gifts of property needed for the redevelopment of redevelopment project areas. 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 redevelopment 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.

(e) Section 44(a) through 44(h) of this chapter does not apply to exchanges of real property (or interests in real property) in connection with the acquisition of real property (or interests in real property) under this section. In acquiring real property (or interests in real property) under this section the commission may, as an alternative to offering payment of money as specified in subsection (b), offer for the real property (or interest in real property) that the commission desires to acquire:

(1) exchange of real property or interests in real property owned by the redevelopment district;

(2) exchange of real property or interests in real property owned by the redevelopment district, along with the payment of money by the commission; or

(3) exchange of real property or interests in real property owned by the redevelopment district along with the payment of money by the owner of the real property or interests in real property that the commission desires to acquire.

The commission shall have the fair market value of the real property or interests in real property owned by the redevelopment district appraised as specified in section 44(b) of this chapter. The appraisers may not also appraise the value of the real property or interests in real property to be acquired by the redevelopment district. The commission shall establish the nature of the offer to the owner based on the difference between the average of the two (2) appraisals of the fair market value of the real property or interests in real property to be acquired by the commission and the average of the appraisals of fair market value of the real property or interests in real property to be exchanged by the commission.

As added by P.L.102-1999, SEC.9. Amended by P.L.185-2005, SEC.44.
Ind. Code § 36-9-27-30 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-30
Qualified deputies; appointment; duties; compensation
Status: in_force

Sec. 30. (a) Whenever the county surveyor is not registered under IC 25-21.5 or IC 25-31 and that statute prohibits an unregistered person from performing any function that the county surveyor is directed to do under this chapter, the surveyor shall employ and fix the compensation of a person who is a professional engineer or professional surveyor in performing those functions. However, if the county surveyor does not employ a registered person within one (1) year of the acceptance of a petition for construction or reconstruction of a drain, the board may make the appointment of a registered person that this section requires.

(b) The person employed by the county surveyor, who shall be known as a qualified deputy, shall file with the county surveyor the original of all plans, specifications, and other documents made by the person in performing the work for which the person was employed. Those plans, specifications, and other documents become a part of the permanent file of the county surveyor's office, which the county surveyor shall maintain for the use of the board as provided in section 109 of this chapter.

(c) The rate of compensation paid to a qualified deputy shall be assessed against the drainage project for which the deputy was employed.

(d) This subsection applies whenever the county surveyor is not registered under IC 25-21.5 or IC 25-31, and the county surveyor has not employed a registered person as provided in subsection (a). If the county has a full-time employee who is registered as a professional surveyor under IC 25-21.5 or as a professional engineer under IC 25-31, the board may, subject to the approval of the county executive and the county surveyor, designate that person to perform the functions of the county surveyor under this chapter that are allowed under the employee's license as a professional surveyor or professional engineer. If a designation is made and approved under this subsection, the county surveyor may not employ a registered person under subsection (a) to perform that same function.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.1; P.L.76-1989, SEC.5; P.L.2-1997, SEC.84; P.L.2-1998, SEC.88; P.L.241-1999, SEC.4; P.L.57-2013, SEC.101.
Ind. Code § 36-12-3-14 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-14
Absence of library board member or employee; authorization; expenses
Status: in_force

Sec. 14. When required by the interests of the library, the library board may authorize a member of the library board or an individual employed by the library to be absent from the public library. The library board may pay out of the library's funds the necessary hotel and board bills and transportation expenses of the member or individual while absent in the interest of the public library.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-12.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-12-2-15 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-15
Library board serving district in certain counties; appointments
Status: in_force

Sec. 15. (a) This section applies to the library board of a library district:

(1) located in a county having a population of more than seventy-nine thousand (79,000) and less than eighty thousand (80,000); and

(2) containing all or part of the territory of each school corporation in the county.

(b) Notwithstanding section 9 of this chapter, the library board has the following members:

(1) One (1) member appointed by the executive of the county in which the library district is located and who is not a member of the county executive.

(2) One (1) member appointed by the fiscal body of the county in which the library district is located and who is not a member of the county fiscal body.

(3) One (1) member appointed by the legislative body of the most populous city in the library district and who is not a member of the city legislative body.

(4) One (1) member appointed by the school board of each school corporation having territory in the library district and who is not a member of a governing body of a school corporation.

(c) An individual who is appointed under subsection (b) to serve as a member of a library board must, before March 1 of each year, report to the member's appointing authority concerning the work of the library board and finances of the library during the preceding calendar year, including the rate of taxation determined under IC 36-12-3-12.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-9.5.]

As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012, SEC.249; P.L.104-2022, SEC.229.
Ind. Code § 36-7-30-25.1 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-25.1
Incentives for businesses in an expired enterprise zone
Status: repealed

Sec. 25.1. (a) This section applies only to a reuse authority that had jurisdiction over an enterprise zone established under IC 5-28-15-11 that is expired under IC 5-28-15.

(b) As used in this section, "incentive" means a tax credit, deduction, or exemption available under:

(1) IC 6-1.1-45;

(2) IC 6-3-3-10;

(3) IC 6-3.1-7 (before its expiration); and

(4) IC 6-3.1-10 (before its expiration).

(c) Subject to the approval of the Indiana economic development corporation, a reuse authority may certify a business that is located within the boundaries of an enterprise zone (before its expiration) for one (1) or more incentives described in subsection (b)(1) through (b)(4).

(d) A business wishing to receive a certification for an incentive must apply to the reuse authority in the form and in the manner prescribed by the reuse authority.

(e) If a reuse authority issues a certification for one (1) or more incentives to a business under this section, the reuse authority shall provide a copy of the certification to:

(1) the business;

(2) the department of local government finance; and

(3) the department of state revenue.

(f) A business that claims any of the incentives available to businesses shall, before June 1 of each year:

(1) submit to the reuse authority, on a form prescribed by the reuse authority, a verified summary concerning the amount of tax credits and exemptions claimed by the business in the preceding year; and

(2) pay the amount specified in subsection (h) to the reuse authority.

(g) A reuse authority may adopt guidelines for the revocation of a business's certification for one (1) or more incentives under this section, if the business does not do one (1) of the following:

(1) Use all its incentives for its property or employees in the boundaries of the enterprise zone (before its expiration).

(2) Remain open and operating as a business for twelve (12) months of the year for which the incentive is claimed.

(h) Each business that is certified by a reuse authority to receive an incentive under this section shall assist the reuse authority in an amount determined by the reuse authority. If a business does not assist the reuse authority as required under this subsection, the reuse authority may pass a resolution disqualifying the business from eligibility for all incentives available to the business. If all of a business's incentives exceed one thousand dollars ($1,000) in a year, the reuse authority may impose an additional fee on a business to be paid to the reuse authority in an amount equal to one percent (1%) of all its incentives to be used exclusively for the reuse authority's administrative expenses.

(i) If a reuse authority disqualifies a business under subsection (h), the reuse authority shall notify the department of local government finance and the department of state revenue in writing not more than thirty (30) days after the passage of the resolution disqualifying the business. Disqualification of a business under this section is effective beginning with the taxable year in which the resolution disqualifying the business is adopted.

(j) This subsection applies to a zone business (as defined in IC 5-28-15-3) that received incentives in an enterprise zone described in subsection (a) that are claimed by the zone business after the phaseout of the enterprise zone. Notwithstanding the expiration of the enterprise zone, the termination of the U.E.A., or any other provision in IC 5-28-15, the zone business shall pay to the reuse authority the same fee or amount determined under IC 5-28-15-5.7(b) for the zone business on the day immediately preceding the day on which the enterprise zone expired and for the same period as if the enterprise zone was not expired.

As added by P.L.194-2019, SEC.3.
Ind. Code § 36-1.5-4.1-7 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-7
"Reorganization"
Status: in_force

Sec. 7. As used in this chapter, "reorganization" means the dissolution of a designated township and the transfer of township property, functions, powers, and services to a municipality that is the recipient municipality.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-9-28-1 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities other than a consolidated city.

[Pre-Local Government Recodification Citation: 19-4-20-1 part.]

As added by Acts 1981, P.L.309, SEC.104.
Ind. Code § 36-7-5.1-14 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-14
Appropriations
Status: in_force

Sec. 14. After one (1) or more municipalities and one (1) or more counties cooperatively establish a joint district, the units creating the joint district may make an appropriation to carry out the duties of the commission. The units may apportion appropriations for the commission in any manner the units determine appropriate.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-10-4-13 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-13
Law governing adoption of plans, giving of notice, and receiving of bids in letting of contract
Status: in_force

Sec. 13. The board is subject to IC 36-1-12 governing similar action by the works board when adopting plans, giving notice, and receiving bids in the letting of a contract for public improvements or repairs.

[Pre-Local Government Recodification Citations: 19-7-9-6; 19-7-30-10.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.57, SEC.43.
Ind. Code § 36-9-23-16 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-16
Sewage treatment plant prerequisite; contracts and revenues; construction of connecting sewers; payment of cost; effect on maturity date of bonds
Status: in_force

Sec. 16. (a) A municipality that does not have a sewage treatment plant, and wants to acquire, construct, improve, operate, and maintain sewage works other than a sewage treatment plant, may proceed under this chapter only if it first contracts for the required treatment of the sewage emanating from its works.

(b) A municipality owning and operating facilities for sewage treatment may contract to treat all or part of the sewage of:

(1) any other municipality;

(2) any facility of the department of correction; or

(3) if a contract described in subdivision (2) is in effect, any person or entity, a municipal corporation, a private corporation, or a federal government facility that is located within five (5) miles of the sewer line connecting the municipality to the facility of the department of correction under the contract.

The contracts must be authorized by ordinance and are subject to approval by the department of environmental management according to rules adopted by the environmental rules board as to the sufficiency of the provision for sewage treatment.

(c) Unless otherwise provided in the authorizing ordinance or governing indenture, the revenues received by the owner under the contract are considered a part of the revenues of the owner's sewage treatment facilities, and shall be applied in accordance with the applicable statutes.

(d) The necessary intercepting and connecting sewers and appurtenances to connect the sewage treatment facilities and sewage works of the contracting parties may be constructed in part or in whole by either of the contracting parties, as provided in the contract. For a municipality, the money to pay for this construction may be provided by the issuance of bonds under the applicable statutes, as part of the cost of the facilities or works of the respective parties.

(e) All bonds issued under this section are payable before the expiration date of the contract. The parties may contract for the terms of the bonds, and for any term or terms beyond the last maturity of the bonds.

[Pre-Local Government Recodification Citation: 19-2-5-10.]

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.143-1985, SEC.199; P.L.318-1989, SEC.1; P.L.113-2014, SEC.124.
Ind. Code § 36-2-7.5-3 — Indiana Code / Title 36 / Article 2 / Chapter 7.5 / Section 36-2-7.5-3
Disclosure of last four digits of Social Security number
Status: in_force

Sec. 3. For purposes of this chapter, disclosure of the last four (4) digits of an individual's Social Security number is not a disclosure of the individual's Social Security number.

As added by P.L.91-2005, SEC.3.
Ind. Code § 36-2-10-16 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-16
Monthly financial report
Status: in_force

Sec. 16. (a) Before the sixteenth day of each month, the treasurer shall prepare a report showing, as of the close of business on the last day of the preceding month, the following items:

(1) The total amount of taxes collected and not included in the last semiannual settlement of taxes, and the amount of taxes omitted from any preceding semiannual settlements, except for taxes advanced to the state or a municipal corporation in the county and for which an advance settlement has been made.

(2) The total amount of distributions under IC 6-5.5 that are not included in the last semiannual settlement of taxes, and the amount of those taxes omitted from any preceding semiannual settlements.

(3) The totals of money received from all other sources and not receipted into the ledger fund accounts of the county at the end of the month.

(4) The total of the balances in all ledger fund accounts.

(5) The total amount of cash in each depository at the close of business on the last day of the month.

(6) The total of county warrants issued against each depository that are outstanding and unpaid at the end of the month.

(7) The record balance of money in each depository at the end of the month.

(8) The cash in the office at the close of the last day of the month.

(9) Other items for which the treasurer is entitled to credit.

The treasurer shall prepare the report in quadruplicate and verify each copy. The treasurer shall retain one (1) copy as a public record and file three (3) copies with the county auditor. The state board of accounts shall prescribe forms for the report in the detail it considers necessary under this section and IC 5-13-6-1.

(b) The treasurer shall make the monthly report required by IC 36-2-6-14.

[Pre-Local Government Recodification Citations: 17-1-24-29 part; 17-3-34-1; 17-3-34-2.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.88-1983, SEC.13; P.L.19-1987, SEC.47; P.L.347-1989(ss), SEC.23; P.L.10-1997, SEC.29; P.L.1-2010, SEC.147.
Ind. Code § 36-4-2-11 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-11
Joint election board; members; powers and duties
Status: in_force

Sec. 11. (a) The election prescribed by section 10 of this chapter shall be conducted in the manner prescribed by the applicable election statutes, except that there must be a joint election board for the new municipality in place of separate boards for each of the merging municipalities. The joint election board consists of:

(1) the clerks of each of the merging municipalities; and

(2) three (3) persons appointed by the executive of the county in which the merging municipalities are located, not more than two (2) of whom are resident voters of one (1) of the merging municipalities.

(b) In order to conduct the election prescribed by section 10 of this chapter, the joint election board shall meet and organize in the manner prescribed by IC 3-6 for election boards and has the same powers and duties as those boards. All subsequent primary and general elections in the new municipality shall be held in the manner prescribed by statute.

[Pre-Local Government Recodification Citation: 18-5-10-15.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.7-1983, SEC.36; P.L.5-1986, SEC.47.
Ind. Code § 36-9-27-2 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Affected land" means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain.

"Board" refers to the drainage board of a county.

"Crossing" means a drainage structure that passes over, under, or through a location used for the passage of people, livestock, or vehicles.

"Dam" means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet.

"Maintenance" means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section.

"Mutual drain" means a drain that:

(1) is located on two (2) or more tracts of land that are under different ownership;

(2) was established by the mutual consent of all the owners; and

(3) was not established under or made subject to any drainage statute.

"Open drain" means a natural or artificial open channel that:

(1) carries surplus water; and

(2) was established under or made subject to any drainage statute.

"Owner" refers to the owner of any interest in land.

"Private drain" means a drain that:

(1) is located on land owned by one (1) person or by two (2) or more persons jointly; and

(2) was not established under or made subject to any drainage statute.

"Reconstruction" means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain.

"Regulated drain" means an open drain, a tiled drain, or a combination of the two.

"Rural drain" means a regulated drain that provides adequate drainage or impounds water for rural land.

"Rural land" means affected land that:

(1) will not appreciably benefit from more drainage than is necessary to expediently remove water after frequent or periodic flooding; and

(2) is generally used for crop production, pasture, forest, or similar purposes.

"Small lake" means a lake, pond, or similar body of water that:

(1) covers less than twenty (20) acres;

(2) is surrounded by two (2) or more tracts of affected land that are under different ownership or a tract of land that is owned by a not-for-profit corporation having more than one (1) member;

(3) is not constructed, reconstructed, or maintained under this chapter as part of an open drain;

(4) is not a private crossing, control dam, or other permanent structure referred to under section 72 of this chapter;

(5) is not owned by a state or any of its political subdivisions; and

(6) is not designed and constructed primarily for reduction or control of pollutants or cooling before discharge of a liquid.

"Tiled drain" means a tiled channel that:

(1) carries surplus water; and

(2) was established under or made subject to any drainage statute.

"Urban land" means affected land that:

(1) will appreciably benefit from drainage that will provide the maximum practicable protection against flooding or the impounding of water in a small lake; and

(2) is used or will in the reasonably foreseeable future be used generally for commercial, industrial, large estate, higher density residential, or similar purposes.

"Watershed" means an area of land from which all runoff water drains to a given point or that is affected by a small lake.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.2; P.L.205-1984, SEC.1.
Ind. Code § 36-7-11-16 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-16
New buildings and nonhistoric buildings within historic districts; compatibility required; exception
Status: in_force

Sec. 16. Except as provided in section 20 of this chapter, the construction of a new building or structure, and the moving, reconstruction, alteration, major maintenance, or repair involving a color change conspicuously affecting the external appearance of any nonhistoric building, structure, or appurtenance within the primary area must be generally of a design, form, proportion, mass, configuration, building material, texture, color, and location on a lot compatible with other buildings in the historic district, particularly with buildings designated as historic, and with squares and places to which it is visually related.

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

As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.146-1992, SEC.3.
Ind. Code § 36-7-14-41 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-41
Economic development area; determination; enlargement
Status: in_force

Sec. 41. (a) The commission may, by following the procedures set forth in sections 15 through 17 of this chapter, approve a plan for and determine that a geographic area in the redevelopment district is an economic development area. Designation of an economic development area is subject to judicial review in the manner prescribed in section 18 of this chapter.

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

(1) the plan for the economic development area:

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

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

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

(D) meets other purposes of this section and sections 2.5 and 43 of this chapter;

(2) the plan for the economic development area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under this section and sections 2.5 and 43 of this chapter because of:

(A) lack of local public improvement;

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

(C) multiple ownership of land; or

(D) other similar conditions;

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

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

(A) the attraction or retention of permanent jobs;

(B) an increase in the property tax base;

(C) improved diversity of the economic base; or

(D) other similar public benefits; and

(5) the plan for the economic development area conforms to other development and redevelopment plans for the unit.

(c) The determination that a geographic area is an economic development area must be approved by the unit's legislative body. The approval may be given either before or after judicial review is requested. The requirement that the unit's legislative body approve economic development areas does not prevent the commission from amending the plan for the economic development area. However, the enlargement of any boundary in the economic development area must be approved by the unit's legislative body.

As added by P.L.380-1987(ss), SEC.16 and P.L.393-1987(ss), SEC.5. Amended by P.L.114-1989, SEC.11; P.L.146-2008, SEC.739; P.L.172-2011, SEC.150.
Ind. Code § 36-10-16-30 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-30
Lease requirements
Status: in_force

Sec. 30. (a) Before a lease may be entered into by an eligible participant under this chapter, the eligible participant must find that the lease rental provided for is fair and reasonable.

(b) A lease of land or an economic improvement project from the commission to an eligible participant or Indiana nonprofit corporation:

(1) may not have a term exceeding twenty (20) years;

(2) may not require payment of lease rentals for a newly constructed economic improvement project or for improvements to an existing economic improvement project until the economic improvement project or improvements to the economic improvement project have been completed and are ready for occupancy or use;

(3) may contain provisions:

(A) allowing the eligible participant or Indiana nonprofit to continue to operate an existing economic improvement project until completion of the acquisition, improvements, reconstruction, or renovation of that economic improvement project or any other economic improvement project; and

(B) requiring payment of lease rentals for land, for an existing economic improvement project being used, reconstructed, or renovated, or for any other existing economic improvement project;

(4) may contain an option to renew the lease for the same or a shorter term on the conditions provided in the lease;

(5) must contain an option for the eligible participant or Indiana nonprofit corporation to purchase the economic improvement project upon the terms stated in the lease during the term of the lease for a price equal to the amount required to pay all indebtedness incurred on account of the economic improvement project, including indebtedness incurred for the refunding of that indebtedness;

(6) may be entered into before acquisition or construction of an economic improvement project;

(7) may provide that the eligible participant shall agree to:

(A) pay any taxes and assessments on the economic improvement project;

(B) maintain insurance on the economic improvement project for the benefit of the commission;

(C) assume responsibility for utilities, repairs, alterations, and any costs of operation; and

(D) pay a deposit or series of deposits to the commission from any funds available to the eligible participant before the start of the lease to secure the performance of the eligible participant's obligations under the lease; and

(8) must provide that the lease rental payments by the eligible participant shall be made from the commission fund established under section 28 of this chapter and may provide that the lease rental payments by the eligible participant shall be made from:

(A) net revenues of the economic improvement project;

(B) any other funds available to the eligible participant; or

(C) both sources described in clauses (A) and (B).

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7-17-5 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-5
Applications; eligibility; drawings to determine receipt of dwellings
Status: in_force

Sec. 5. (a) A person or community organization may apply for the program by completing a bid application.

(b) The following applicants are qualified and shall be approved to receive real property offered under this chapter:

(1) A person who:

(A) is at least eighteen (18) years of age;

(B) possesses the financial resources to support a loan, the necessary skills to rehabilitate the property, or a combination of both; and

(C) has, including immediate family, not previously participated in the program.

(2) A community organization as described in IC 36-7-9-2.

(c) Approved applicants are entitled to receive a list of all properties owned by the unit that are available under this chapter.

(d) Approved applicants may apply for each dwelling in which they are interested. A drawing shall be held to determine those applicants receiving the dwellings. Persons applying under this chapter shall receive priority over community organizations if both indicate an interest in the same dwelling. Each approved person and the approved person's immediate family may receive only one (1) dwelling in the drawing. Each approved community organization may receive as many dwellings as the agency considers proper.

[Pre-Local Government Recodification Citation: 18-7-21-4.]

As added by Acts 1981, P.L.309, SEC.36. Amended by P.L.177-2003, SEC.12; P.L.127-2017, SEC.210.
Ind. Code § 36-1-4-17 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-17
Compromise of claims against unit; collecting owed money
Status: in_force

Sec. 17. (a) A unit may compromise claims made against it.

(b) A unit or a person designated in writing by the unit may do the following:

(1) Collect any money that is owed to the unit.

(2) Compromise the amount of money owed to the unit.

(c) A unit shall determine the costs of collecting money under this section. The costs of collection, including reasonable attorney's fees, may be added to money that is owed and collected under this subsection.

(d) A unit or the unit's agent that collects money under this section shall deposit that money, less the costs of collection, in the account required by law.

[Pre-Local Government Recodification Citation: 18-1-1.5-3(a).]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.64-1989, SEC.2; P.L.57-1993, SEC.14.
Ind. Code § 36-4-1-1 — Indiana Code / Title 36 / Article 4 / Chapter 1 / Section 36-4-1-1
Basis of classification
Status: in_force

Sec. 1. (a) Municipalities are classified according to their status and population as follows:

STATUS AND POPULATION

CLASS

Cities of 600,000 or more

First class cities

Cities of 34,000 to 599,999

Second class cities

Cities of less than 34,000

Third class cities

Other municipalities of any

population

Towns

(b) Except as provided in subsection (c), a city that attains a population of thirty-four thousand (34,000) remains a second class city even though its population decreases to less than thirty-four thousand (34,000) at the next federal decennial census.

(c) The legislative body of a city to which subsection (b) applies may, by ordinance, adopt third class city status.

[Pre-Local Government Recodification Citations: 18-2-1-1; 18-2-1-1.5; 18-2-1-2 part; 18-3-2-1 part; 18-3-3-1 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2; P.L.64-2004, SEC.34; P.L.81-2004, SEC.46; P.L.119-2012, SEC.184; P.L.56-2022, SEC.3.
Ind. Code § 36-7-31-14.2 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-14.2
Marion County allocation of additional revenue to sports and convention facilities operating fund
Status: in_force

Sec. 14.2. (a) This section applies to the part of the tax area in which a facility or complex of facilities described in section 10(b)(3) and 10(c) of this chapter is located. A reference to "tax area addition" in this section includes only the part of the tax area in which a facility or complex of facilities described in section 10(b)(3) and 10(c) of this chapter is located.

(b) A tax area change described in section 11(a)(2) of this chapter must be established by resolution. A resolution changing the tax area must provide for a request for the allocation of:

(1) covered taxes attributable to a taxable event in the tax area addition; or

(2) covered taxes from income earned in the tax area addition;

to the sports and convention facilities operating fund established by section 16(b) of this chapter. However, to the extent a covered tax has been pledged before January 1, 2009, and allocated under IC 36-10-9-11 to the capital improvement bond fund, that amount shall not be allocated to the sports and convention facilities operating fund.

(c) The allocation provision must apply only to the tax area addition.

(d) The resolution changing the tax area must designate each facility and each facility site for which the money to be distributed from the sports and convention facilities operating fund will be used.

(e) The budget director shall make an annual determination of whether at least one (1) of the following conditions is satisfied:

(1) The maximum additional tax rate for the innkeeper's tax under IC 6-9-8 was adopted after June 30, 2009, and before September 1, 2009, and was in effect on January 1 of the determination year.

(2) As of January 1 of the determination year:

(A) at least four million dollars ($4,000,000) per year is being raised from the innkeeper's tax rate increase that was adopted under IC 6-9-8 after June 30, 2009, and before September 1, 2009; and

(B) the treasurer of state has invested in obligations issued by the capital improvement board under IC 5-13-10.5-18.

If the budget director determines that either of the conditions under subdivision (1) or (2) is satisfied, covered taxes attributable to the part of the tax area in which a facility or complex of facilities described in section 10(b)(3) of this chapter is located shall then be deposited in the sports and convention facilities operating fund established by section 16(b) of this chapter. However, the maximum total amount of covered taxes attributable to the part of the tax area in which a facility or complex of facilities described in section 10(b)(3) or 10(c) of this chapter is located that may be deposited in the sports and convention facilities operating fund during each state fiscal year is set forth in subsection (f).

(f) The maximum amount referred to in subsection (e) is as follows:

(1) Eight million dollars ($8,000,000) for state fiscal years ending June 30, 2019, through June 30, 2021.

(2) Seventeen million dollars ($17,000,000) for the state fiscal year ending June 30, 2022.

(3) Twenty million dollars ($20,000,000) for the state fiscal year ending June 30, 2023.

(4) Twenty-four million dollars ($24,000,000) for state fiscal years ending June 30, 2024, through June 30, 2033.

(5) Twenty-six million dollars ($26,000,000) for state fiscal years ending June 30, 2034, through June 30, 2041.

After the state fiscal year ending June 30, 2041, no deposit shall be made. To the extent a covered tax has been pledged before January 1, 2009, and allocated under IC 36-10-9-11 to the capital improvement bond fund, that amount shall not be allocated to or deposited in the sports and convention facilities operating fund.

(g) The department may adopt rules under IC 4-22-2 and guidelines to govern the allocation of covered taxes from the tax area addition.

As added by P.L.182-2009(ss), SEC.414. Amended by P.L.109-2019, SEC.14.
Ind. Code § 36-4-3-15.7 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-15.7
Appeal of annexation pending on January 1, 2014
Status: in_force

Sec. 15.7. A municipality located in the same county as the territory to be annexed may appeal an annexation under section 15.5(a)(2) or 15.5(b)(2) of this chapter if:

(1) the annexation was pending on January 1, 2014; and

(2) the municipality files the appeal not later than sixty (60) days after publication of the annexation ordinance.

As added by P.L.207-2014, SEC.3.
Ind. Code § 36-1.5-4-22 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-22
Action by legislative bodies on revised reorganization plan
Status: in_force

Sec. 22. The legislative body of each reorganizing political subdivision shall take any of the actions described in section 20 of this chapter on a revised plan of reorganization and each resolution modifying a plan of reorganization or revised plan of reorganization in the same manner as the legislative body may take action on the initially submitted plan of reorganization.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.13.
Ind. Code § 36-7-4-1000 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1000
1000 Series—Remedies and enforcement
Status: in_force

Sec. 1000. This series (sections 1000 through 1099 of this chapter) may be cited as follows: 1000 SERIES─REMEDIES AND ENFORCEMENT.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-9-4-3 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-3
Declaration of public purpose
Status: in_force

Sec. 3. The establishment of an urban mass transportation system under this chapter is a public use and purpose for which public money may be spent and private property may be acquired.

[Pre-Local Government Recodification Citation: 19-5-2-2(i).]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-9-6.5-7 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-7
Department proceeding after final approval of project
Status: in_force

Sec. 7. After final approval of the resolution by the board, the department shall proceed with the project, work, and capital improvements, or any parts of them, and shall let all contracts, upon separate plans and specifications, in accordance with IC 36-1-12. The projects authorized may be modified by the board if it considers modification necessary to carry out the purpose of the declaration and resolution, so long as the modifications do not increase the estimate of the total cost of the project as adopted in the original resolution. All other changes must be processed as new declarations.

As added by Acts 1982, P.L.77, SEC.12.
Ind. Code § 36-9-6.1-9 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-9
Approval of project; assessment of cost
Status: in_force

Sec. 9. If the works board approves a project and decides to assess a part of the cost of that project against the property specially benefited, the board shall:

(1) advertise for bids;

(2) let contracts; and

(3) assess costs;

for the whole project or separate phases of the project, in the manner prescribed by IC 36-9-36.

As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.13.
Ind. Code § 36-1-23-3 — Indiana Code / Title 36 / Article 1 / Chapter 23 / Section 36-1-23-3
Majority of fiscal body members abstain from voting; continuation of previous year's budget and tax levies
Status: in_force

Sec. 3. Notwithstanding any other law, if at least a majority of the members of the unit's fiscal body are precluded from voting on the unit's budget and tax levies under section 2 of this chapter, the unit's most recent annual appropriations are continued for the ensuing budget year, subject to the following:

(1) The executive of the unit may petition the county fiscal body for an increase in the unit's budget under section 4 of this chapter.

(2) The executive of the unit may petition the county fiscal body for any additional appropriations under section 5 of this chapter.

As added by P.L.184-2015, SEC.13.
Ind. Code § 36-7-15.3-5 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-5
"Commission" defined
Status: in_force

Sec. 5. As used in this chapter, "commission" refers to a redevelopment commission established under IC 36-7-15.1 or a military base reuse authority established under IC 36-7-30 and located in a county with a consolidated city.

As added by P.L.84-1987, SEC.14. Amended by P.L.2-1989, SEC.41; P.L.26-1995, SEC.9.
Ind. Code § 36-9-27-7 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-7
Officers; meetings; quorum; approval of actions
Status: in_force

Sec. 7. (a) The board shall organize at a meeting each January, by electing one (1) of its members as chair and one (1) of its members as vice chair. At the same time, the board shall elect a secretary, who need not be a member of the board.

(b) The county surveyor may not hold an office on the board.

(c) The board shall fix the time and dates for regular meetings, which shall be held in the office of the county surveyor. However, if the surveyor's office is not adequate, the county executive shall provide an adequate meeting place.

(d) Special meetings of the board may be called by the chair, any two (2) members, or the county surveyor, by mailing a written notice setting forth the time, date, and place of the meeting to each member not less than five (5) days before the date of the meeting. A member may waive the mailing of notice of a special meeting by filing a written waiver with the secretary or by the member's presence at the meeting.

(e) Meetings of the board may be adjourned from day to day or to a day certain without written notice being given.

(f) All meetings of the board must be open to the public, and the minutes of the meetings are open to public inspection.

(g) A majority of the voting members of the board constitutes a quorum, and the concurrence of a majority of the voting members present at a meeting is necessary to authorize any action under this chapter.

[Pre-Local Government Recodification Citation: 19-4-1-5 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.325.
Ind. Code § 36-7-30.5-19 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-19
Appeal from final action of development authority
Status: in_force

Sec. 19. (a) A person who filed a written remonstrance with the development authority under section 17 or 18 of this chapter and is aggrieved by the final action taken may, not more than ten (10) days after that final action, file in the office of the clerk of an appropriate circuit or superior court a copy of the order of the development authority and person's remonstrances against that order, together with the person's bond conditioned to pay the costs of the person's appeal if the appeal is determined against the person. The only ground of remonstrance that the court may hear is whether the proposed project will be of public utility and benefit. The burden of proof is on the remonstrator.

(b) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined not more than thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the remonstrances and may confirm the final action of the development authority or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-5-1.1-10 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-10
Dissolution ordinance; effective date; disposition of property; validity of contracts; records
Status: in_force

Sec. 10. (a) If the county executive approves dissolution under section 6 of this chapter, the county executive shall adopt:

(1) an ordinance; or

(2) an order in a county having a consolidated city;

dissolving the town.

(b) A dissolution takes effect:

(1) at least sixty (60) days after the ordinance or order under subsection (a) is adopted; and

(2) when the county auditor files a copy of the ordinance or order with:

(A) the circuit court clerk of each county in which the town is located; and

(B) the office of the secretary of state.

(c) The property owned by the town after payment of debts and liabilities shall be disposed of by the county executive. Any proceeds remaining shall be deposited in the county general fund. Dissolution of a town does not affect the validity of a contract to which the town is a party.

(d) After dissolution, the books and records of the town become the property of the county executive for safekeeping.

As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.112; P.L.10-1992, SEC.29; P.L.3-1997, SEC.460; P.L.123-2000, SEC.8; P.L.113-2010, SEC.126; P.L.104-2022, SEC.167.
Ind. Code § 36-9-27-2.5 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-2.5
"Dam" defined; certain sections not applicable; designation as regulated drain; jurisdiction
Status: in_force

Sec. 2.5. (a) For the purposes of this chapter, a reference to "drain", "drainage", or "ditch" is deemed to include a "dam". However, sections 16(b), 17, 21, 22, 23, 24, 26, 27, 28, 54, and sections 56 through 66 of this chapter do not apply to a dam.

(b) Any owner may petition a board to designate a dam as a regulated drain, and any board may assume jurisdiction over a dam in the same manner that an owner may petition and the board may assume jurisdiction over a mutual drain. A board does not otherwise have jurisdiction over a dam.

(c) A board may reconstruct or maintain a dam over which the board has assumed jurisdiction, but an agency may not construct a new dam.

As added by P.L.166-1983, SEC.3.
Ind. Code § 36-7-30.2-5 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-5
"Land use activity"
Status: in_force

Sec. 5. As used in this chapter, "land use activity" means any of the following:

(1) Land development or redevelopment, including requests for tax abatement.

(2) Changes in land use, including zone map amendments, special exceptions and uses, and variances.

(3) Division and subdivision of land.

(4) Amendment of comprehensive plans, zoning ordinances, and regulations.

(5) Issuance of building and improvement location permits.

(6) Construction or repair of tall structures.

(7) Expansion of public facilities.

(8) Any other land use activity identified by a commander as having the potential for adversely impacting an installation's military operations.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-8-2-3 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-3
Firefighting and fire prevention system
Status: in_force

Sec. 3. A unit may establish, maintain, and operate a firefighting and fire prevention system and may provide facilities and equipment for that system.

[Pre-Local Government Recodification Citations: 18-1-1.5-15(b); 18-1-1.5-15(c); 18-3-1-36; 18-3-1-38 part; 18-4-2-20 part.]

As added by Acts 1980, P.L.211, SEC.3.
Ind. Code § 36-12-11-2 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-2-b
"Board"
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 2. As used in this chapter, "board" refers to the Indiana library board established by IC 4-23-7-2.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.1.]

As added by P.L.1-2005, SEC.49. Amended by P.L.152-2026, SEC.508.
Ind. Code § 36-9-17-3 — Indiana Code / Title 36 / Article 9 / Chapter 17 / Section 36-9-17-3
Authorization and composition of fund
Status: in_force

Sec. 3. A municipality may, by ordinance and in compliance with the procedures for the establishment of a cumulative fund under IC 6-1.1-41, establish a general improvement fund, which shall be used to construct, repair, or improve streets, alleys, sidewalks, curbs, gutters, and sewers. This fund consists of:

(1) the special assessments collected under this chapter for benefits to property from constructing, repairing, or improving streets, alleys, sidewalks, curbs, gutters, and sewers; and

(2) any appropriation made from the general fund of the municipality or from taxes levied by the municipal legislative body for these purposes.

However, special assessments collected by a municipality under any statute other than this chapter may not be deposited in the fund.

[Pre-Local Government Recodification Citation: 18-6-3-2.]

As added by Acts 1981, P.L.309, SEC.90. Amended by P.L.17-1995, SEC.35.
Ind. Code § 36-2-14-4 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-4
Duties as county sheriff
Status: in_force

Sec. 4. The coroner shall perform the duties of the county sheriff only in cases in which the sheriff:

(1) is interested or incapacitated from serving; and

(2) has no chief deputy who may perform the sheriff's duties.

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

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.24; P.L.127-2017, SEC.94.
Ind. Code § 36-9-16-1 — Indiana Code / Title 36 / Article 9 / Chapter 16 / Section 36-9-16-1
Application of chapter
Status: in_force

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

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

As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988, SEC.4.
Ind. Code § 36-7-11.2-59 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-59
Prohibited new or altered structures on Meridian Street
Status: in_force

Sec. 59. A new structure may not be erected upon a parcel of Meridian Street property or an existing structure upon the property may not be altered if the structure would do any of the following:

(1) Permit a residential usage that, in relation to the parcel upon which situated, would be of a substantially greater density than the average residential density of Meridian Street property lying within one thousand (1,000) feet of the property in question, excluding for purposes of determining the average Meridian Street property used for multiple family residential or commercial purposes.

(2) Appear substantially smaller or larger in size and scale than the average size and scale of the single and double family residential dwellings situated upon Meridian Street property lying within one thousand (1,000) feet of the property in question.

(3) Have a set-back from Meridian Street significantly less than the average set-back of structures facing upon Meridian Street that are situated upon Meridian Street property lying within one thousand (1,000) feet of the property in question.

(4) Have side lots measuring less than fifteen (15) feet from the property line of the subject property to the wall of the structure erected or altered.

(5) If primarily a residential dwelling, have a ground floor area of less than two thousand (2,000) square feet or forty percent (40%) of the total area of the parcel of land upon which the dwelling lies, whichever is less.

(6) Including all other structures upon the parcel, have a total ground floor area greater than fifty percent (50%) of the total area of the parcel of land upon which the structure lies.

(7) Substantially encroach upon the view and exposure of a residential structure on a neighboring property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-16.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-4-1306 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1306
"Impact fee ordinance" defined
Status: in_force

Sec. 1306. As used in this series, "impact fee ordinance" means an ordinance adopted under section 1311 of this chapter.

As added by P.L.221-1991, SEC.7.
Ind. Code § 36-4-2-13 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-13
Elected officers; date of taking office
Status: in_force

Sec. 13. Officers elected under section 10 of this chapter shall qualify and take office at noon on the first Monday of January after their election.

[Pre-Local Government Recodification Citation: 18-5-10-17 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-2-2-19 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-19
Annual statement of county's receipts and expenditures; posting and publication
Status: in_force

Sec. 19. At its second regular meeting each year, the executive shall make an accurate statement of the county's receipts and expenditures during the preceding calendar year. The statement must include the name of and total compensation paid to each county officer, deputy, and employee. The executive shall post this statement at the courthouse door and two (2) other places in the county and shall publish it in the manner prescribed by IC 5-3-1.

[Pre-Local Government Recodification Citation: 17-1-24-45.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.17; P.L.64-1995, SEC.11; P.L.98-2000, SEC.19.
Ind. Code § 36-7-15.1-1 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies in each county having a consolidated city.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.84-1987, SEC.5.
Ind. Code § 36-7-30.2-8 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-8
Restriction on a unit approving a land use activity in a state area of interest
Status: in_force

Sec. 8. A unit may not approve or fund a land use activity within a state area of interest without complying with this chapter.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-3-3-5 — Indiana Code / Title 36 / Article 3 / Chapter 3 / Section 36-3-3-5
Supervision of work of departments, special service districts, and special taxing districts
Status: in_force

Sec. 5. As the chief officer of the executive branch of the consolidated city government as provided by IC 36-4-4, the executive shall supervise the work of the departments of the consolidated city, its special service districts, and its special taxing districts.

[Pre-Local Government Recodification Citation: 18-4-4-1 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-8-29.1-4 — Indiana Code / Title 36 / Article 8 / Chapter 29.1 / Section 36-8-29.1-4
Authority of law enforcement civilian oversight entities
Status: in_force

Sec. 4. Except as provided in section 2 of this chapter, any type of law enforcement civilian oversight board or commission or any other entity established by a unit to provide civilian oversight over a law enforcement agency in existence on July 1, 2026, or established after June 30, 2026, may operate only in an advisory capacity to the applicable law enforcement agency and does not have binding authority over the law enforcement agency.

As added by P.L.137-2026, SEC.1.
Ind. Code § 36-8-16.7-38 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-38
PSAP use of distributions; annual report to board; audits
Status: in_force

Sec. 38. (a) A PSAP may use a distribution from a county under this chapter only for the following:

(1) The lease, purchase, or maintenance of communications service equipment.

(2) Necessary system hardware and software and data base equipment.

(3) Personnel expenses, including wages, benefits, training, and continuing education, only to the extent reasonable and necessary for the provision and maintenance of:

(A) the statewide 911 system; or

(B) a wireline enhanced emergency telephone system funded under IC 36-8-16 (before its repeal on July 1, 2012).

(4) Operational costs, including costs associated with:

(A) utilities;

(B) maintenance;

(C) equipment designed to provide backup power or system redundancy, including generators; and

(D) call logging equipment.

(5) An emergency notification system that is approved by the board under section 40 of this chapter.

(6) Connectivity to the Indiana data and communications system (IDACS).

(7) Rates associated with communications service providers' 911 service emergency communications system network services.

(8) Mobile radio equipment used by first responders.

(b) A PSAP may not use a distribution from a county under this chapter for the following:

(1) The construction, purchase, renovation, or furnishing of PSAP buildings.

(2) Vehicles.

(c) Not later than January 31 of each year, each PSAP shall submit to the board a report of the following:

(1) All expenditures made during the immediately preceding calendar year from distributions under this chapter.

(2) Call data and statistics for the immediately preceding calendar year, as specified by the board and collected in accordance with any reporting method established or required by the board.

(3) All costs associated with dispatching appropriate public safety agencies to respond to 911 calls received by the PSAP.

(4) All funding sources and amounts of funding used for costs described in subdivision (3).

(5) Public safety telecommunicator continuing education requirements established under IC 36-8-16.8-8(a)(2).

(d) The state board of accounts shall audit the expenditures of distributions under this chapter by each PSAP that receives distributions under this chapter. In conducting an audit under this subsection, the state board of accounts shall determine, in conjunction with the board, whether the expenditures made by each PSAP are in compliance with subsections (a) and (b). The board shall review and further audit any ineligible expenditure identified by the state board of accounts under this subsection or through any other report. If the board verifies that the expenditure did not comply with this section, the board shall ensure that the fund is reimbursed in the dollar amount of the noncomplying expenditure from any source of funding, other than a fund described in subsection (e), that is available to the PSAP or to a unit in which the PSAP is located.

(e) A distribution under section 37(a)(2) of this chapter must be deposited by the treasurer of the county in a separate fund set aside for the purposes allowed by subsections (a) and (b). The fund must be known as the ________ (insert name of county) 911 fund. The county treasurer may invest money in the fund in the same manner that other money of the county may be invested, but income earned from the investment must be deposited in the fund set aside under this subsection.

(f) Not later than November 1 of each year, the board shall provide in an electronic format under IC 5-14-6 to the general assembly the information submitted under subsection (c)(3) and (c)(4).

As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.12; P.L.181-2015, SEC.51; P.L.13-2022, SEC.1; P.L.119-2024, SEC.25.
Ind. Code § 36-8-22-16 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-16
Maximum agreement term
Status: in_force

Sec. 16. The term of any written agreement entered into under section 12 of this chapter may not exceed forty-eight (48) months.

As added by P.L.48-2007, SEC.1.
Ind. Code § 36-8-1-2 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-2
"1925 fund"
Status: in_force

Sec. 2. "1925 fund" refers to a police pension fund established under IC 36-8-6.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.41.
Ind. Code § 36-9-25-19 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-19
Construction of sewage works; special tax
Status: in_force

Sec. 19. After final action of the board or of the court confirming the resolution in its original or a modified form, all property located within the boundaries of the district is subject to a special tax to provide money to pay the total cost of the construction of the sewage works, including the acquisition of all necessary land or rights-of-way as described in the resolution of the board and all necessary incidental expenses. The special tax constitutes the amount of benefits resulting to the property from the proceedings and shall be levied as provided in this chapter.

[Pre-Local Government Recodification Citation: 19-2-14-11.]

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-7-26-22 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-22
Base period amount; adjustment factor; determination; operation of business outside district; certification of taxes remitted
Status: in_force

Sec. 22. (a) Within sixty (60) days after receipt from the commission of the information transmitted under section 21 of this chapter the board shall do the following:

(1) Request that the department determine the base period amount. The department shall certify the base period amount to the board and the board shall transmit the certification to the commission.

(2) Determine the adjustment factor. The adjustment factor must account for the portion of the incremental state gross retail and use tax revenues attributable to investment in the district and resulting from the redevelopment and economic development project. The adjustment factor may not be decreased after the factor is determined by the board.

(b) If a business that operates or did operate in the district also has or had one (1) or more other places of business operating in Indiana but outside the district, the business shall, in the manner and for the periods of time requested by the department, certify to the department the amount of taxes remitted by the business under IC 6-2.5 for the business's places of operation that are or were in the district.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-5-7-1 — Indiana Code / Title 36 / Article 5 / Chapter 7 / Section 36-5-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all towns that have not abolished the office of town marshal.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-7.6-1-2 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-2
"Airport authority"
Status: in_force

Sec. 2. "Airport authority" refers to an airport authority established under IC 8-22-3.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-7-2.5-5 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-5
"Class 2 structure"
Status: in_force

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

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-7-2-12 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-12
Regulations regulating size or age of mobile home, manufactured home, or industrialized residential structure prohibited
Status: in_force

Sec. 12. (a) The definitions in IC 16-41-27 apply throughout this section.

(b) Unless required under IC 36-7-2-9 and except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f), a unit may not adopt, impose, or enforce a regulation that:

(1) mandates size requirements for or that is based on the age of, a mobile home, a manufactured home or an industrialized residential structure that will be installed in a mobile home community licensed under IC 16-41-27; or

(2) is based on the age of a mobile home, a manufactured home, or an industrialized residential structure that will be installed on other private property;

regardless of whether the mobile home community or other private property, in whole or in part constitutes a conforming structure or use or a legal, nonconforming structure or use.

(c) Nothing in this section shall be construed to prohibit a unit from adopting or enforcing a requirement of a regulation related to:

(1) transportation;

(2) water and sewer service; or

(3) another requirement concerning the use or development of land.

(d) Unless required under IC 36-7-2-9, after March 14, 2022:

(1) a unit may not:

(A) adopt or impose a regulation that violates, or that includes a provision that violates, subsection (b);

(B) amend a regulation so that the regulation, after its amendment, includes a provision that violates subsection (b), regardless of when the regulation was originally adopted or imposed; or

(C) enforce a provision in a regulation adopted or imposed by the unit if the provision violates subsection (b), regardless of when the regulation or provision was originally adopted or imposed; and

(2) any provision that:

(A) is included in a regulation adopted or imposed by a unit; and

(B) violates subsection (b);

is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed.

As added by P.L.168-2020, SEC.19. Amended by P.L.53-2022, SEC.3; P.L.137-2023, SEC.13; P.L.9-2024, SEC.546.
Ind. Code § 36-7-4-1302 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1302
"Current level of service" defined
Status: in_force

Sec. 1302. As used in this series, "current level of service" means a quantitative measure of service provided by existing infrastructure to support existing development.

As added by P.L.221-1991, SEC.3.
Ind. Code § 36-7-11.5-7 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-7
Powers and responsibilities
Status: in_force

Sec. 7. (a) The development commission shall do the following:

(1) Employ an administrator and other professional staff necessary to assist the development commission in carrying out its duties.

(2) Facilitate and coordinate the development of Orange County.

(3) Serve as a liaison between the riverboat located in a historic hotel district and the political subdivisions located in Orange County.

(4) Facilitate and coordinate the appropriate development of the historical environment of the towns of French Lick and West Baden.

(5) Establish a grant program to provide financial support to community organizations in Orange County.

(b) The development commission may do the following:

(1) Engage consultants, attorneys, accountants, and other professionals necessary to carry out the development commission's duties.

(2) Award grants and low interest loans to promote economic development through tourism in Orange County.

(c) The development commission shall:

(1) promote economic development through tourism;

(2) attract new business;

(3) improve housing; and

(4) engage in any other activity that promotes the development of Orange County.

As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004, SEC.127; P.L.234-2007, SEC.286.
Ind. Code § 36-1-15-3 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-3
Computation of adjusted value of taxable property within political subdivision
Status: in_force

Sec. 3. The department of local government finance shall compute, in conjunction with the approvals required under:

(1) IC 6-1.1-18.5-8(b); and

(2) IC 20-46-7-8, IC 20-46-7-9, and IC 20-46-7-10;

an adjusted value of the taxable property within each political subdivision. The department of local government finance may request a certification of net assessed valuation from the county auditor in order to make a calculation under this section.

As added by P.L.6-1997, SEC.203. Amended by P.L.90-2002, SEC.466; P.L.2-2006, SEC.191.
Ind. Code § 36-9-23-32 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-32
Liens for nonpayment of fees; priority; attachment; subsequent owners; property not occupied by owner; notice to owner
Status: repealed

Sec. 32. (a) Except as otherwise provided in a provision included in an ordinance under section 25(f)(3) of this chapter, fees assessed against real property under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) constitute a lien against the property assessed. The lien is superior to all other liens except tax liens. Except as provided in subsections (b) and (c), the lien attaches when notice of the lien is filed in the county recorder's office under section 33 of this chapter.

(b) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before the conveyance to the subsequent owner. If the property is conveyed before the lien can be filed, the municipality shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not more than fifteen (15) days after the date of the notice. If payment is not received within one hundred eighty (180) days after the date of the notice, the amount due may be expensed as a bad debt loss.

(c) Except as otherwise provided in a provision included in an ordinance under section 25(f)(3) of this chapter, a lien attaches against real property occupied by someone other than the owner only if the utility notifies the owner not later than twenty (20) days after the time the utility fees become sixty (60) days delinquent. A notice sent to the owner under this subsection must be sent by first class mail or by certified mail, return receipt requested (or an equivalent service permitted under IC 1-1-7-1) to:

(1) the owner of record of real property with a single owner; or

(2) at least one (1) of the owners of real property with multiple owners;

at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice of the delinquency, or to another address specified by the owner, in a written notice to the utility, at which the owner requests to receive a notice of delinquency under this subsection. The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.

(d) The municipality shall release:

(1) liens filed with the county recorder after the recorded date of conveyance of the property; and

(2) delinquent fees incurred by the seller;

upon receipt of a verified demand in writing from the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner, and that the purchaser has not been paid by the seller for the delinquent fees.

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

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.131-2005, SEC.7; P.L.113-2010, SEC.153; P.L.196-2014, SEC.6.
Ind. Code § 36-9-38-17 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-17
Resolution establishing improvement district; recitations; notice to property owners; finality; recording; appeal
Status: in_force

Sec. 17. (a) A resolution establishing an improvement district must also recite the following:

(1) That all real property within the district is subject to assessment of special benefits and damages by appraisers to be appointed by the municipal works board.

(2) That the assessments are subject to review in a hearing before the works board.

(b) The works board's resolution is considered notice to all property owners who have appeared or who have been notified of the proceedings that the owners' property is subject to an assessment of special benefits and damages under this chapter. Further notice or hearing is not required, except as provided by section 26 of this chapter.

(c) The resolution of the works board:

(1) is final and conclusive; and

(2) may not be challenged unless an appeal is made under subsection (e).

(d) A copy of the resolution establishing an improvement district, certified by the municipal clerk, shall be recorded in the miscellaneous records in the office of the recorder of the county in which the municipality is located.

(e) A person aggrieved by the adoption of a resolution establishing an improvement district may appeal in the manner prescribed by IC 34-13-6.

As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.217.
Ind. Code § 36-12-3-16.5 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-16.5
Electronic funds transfer
Status: in_force

Sec. 16.5. (a) As used in this section, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, or computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account.

(b) A library board may adopt a resolution to authorize an electronic funds transfer method of payment of claims. If a library board adopts a resolution under this subsection, the public library may pay money from its funds by electronic funds transfer.

(c) A public library that pays a claim by electronic funds transfer shall comply with all other requirements for the payment of claims by the public library.

As added by P.L.113-2010, SEC.162.
Ind. Code § 36-1-20-4 — Indiana Code / Title 36 / Article 1 / Chapter 20 / Section 36-1-20-4
Repealed
Status: repealed

As added by P.L.149-2013, SEC.1. Repealed by P.L.193-2014, SEC.6.
Ind. Code § 36-7-26-10 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-10
"Gross increment" defined
Status: in_force

Sec. 10. As used in this chapter, "gross increment" means the aggregate amount of state gross retail and use taxes that are remitted under IC 6-2.5 by businesses operating in the district, as determined by the department under section 23 of this chapter, minus the base period amount.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-7-32.6-14 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-14
Designation of stadium development district; exceptions
Status: in_force

Sec. 14. The designating body may, by resolution or ordinance adopted by the designating body, designate a stadium development district in the city. Any such resolution or ordinance adopted by the designating body shall include:

(1) a description of the stadium development district;

(2) the term of the stadium development district; and

(3) the plan for the stadium development district which shall conform to the requirements of section 18 of chapter.

The boundaries of the stadium development district may not extend beyond the corporate boundaries of the city and may not include any territory that is within the professional sports development area. The designating body may not designate any more than one (1) stadium development district in the city.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-8-3.5-19 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-19
Summary disciplinary actions; reprimand or suspension
Status: in_force

Sec. 19. (a) In addition to the disciplinary powers of the commission, the chief of the department, may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five (5) working days. For the purposes of this subsection, eight (8) hours of paid time constitutes one (1) working day.

(b) If a chief reprimands a member in writing or suspends a member, the chief shall, within forty-eight (48) hours, notify the commission in writing of the action and the reasons for the action. A member who is reprimanded in writing or suspended under this section may, within forty-eight (48) hours after receiving notice of the reprimand or suspension, request in writing that the commission review the reprimand or suspension and either uphold or reverse the chief's decision. At its discretion, the commission may hold a hearing during this review. If the board holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least fourteen (14) days before the date set for the hearing. The notice must contain the information listed under section 17(d) of this chapter. If the decision is reversed, the individual who was suspended is entitled to any wages withheld as a result of the suspension.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.265-1993, SEC.4; P.L.127-2017, SEC.235.
Ind. Code § 36-9-36-11 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-11
Levy of special assessments; improvement cost as maximum amount of assessment; improvement cost payable by unit
Status: in_force

Sec. 11. (a) The works board shall levy special assessments for the amount determined under section 10 of this chapter if:

(1) the contract for the improvement is executed; and

(2) the improvement is made.

(b) The special assessments levied under this section may not exceed the cost of the improvement.

(c) If the amount determined under section 10 of this chapter is less than the contract price, the remainder of the cost of the improvement is payable by the unit.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-8-2.1-9 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-9
Notification of disciplinary measures
Status: in_force

Sec. 9. A public safety officer may not, except as provided in IC 36-8-3-4 and IC 36-8-10-11, be:

(1) dismissed;

(2) transferred;

(3) reassigned;

(4) subjected to a personnel action that may result in the loss of pay or benefits; or

(5) subjected to a disciplinary measure resulting in monetary loss;

unless the public safety officer is notified of the action and the reason for the action in advance of the effective date of the action.

As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.11.
Ind. Code § 36-7-15.3-1 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each unit having an authority.

As added by P.L.84-1987, SEC.14.
Ind. Code § 36-7-5.1-10 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-10
Majority vote prerequisite to commission action
Status: in_force

Sec. 10. Commission action may be taken only upon the vote of a majority of its members.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-7-23-1 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-1
"Authority" defined
Status: in_force

Sec. 1. As used in this chapter, "authority" refers to a multiple jurisdiction infrastructure authority established under this chapter.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.5.
Ind. Code § 36-1.5-4-38 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-38
Powers of reorganized political subdivision
Status: in_force

Sec. 38. (a) A reorganized political subdivision has the powers granted by statute to a political subdivision of the same type as the reorganized political subdivision, including a power described in subsection (b). However, if authorized by the plan of reorganization approved by the voters in a public question under this chapter, the reorganized political subdivision will exercise a power or have the officers or number of offices that a statute would have permitted any of the reorganizing political subdivisions to have.

(b) Except as provided in the plan of reorganization, a reorganized political subdivision may also do any of the following:

(1) Establish any fund that one (1) or more of the reorganizing political subdivisions (either acting on its own or jointly with another political subdivision) were authorized to establish before the reorganization.

(2) Impose any tax levy or adopt any tax that one (1) or more of the reorganizing political subdivisions were authorized to impose or adopt before the reorganization.

(c) This subsection applies to reorganizations approved by voters after June 30, 2013. Notwithstanding subsection (a), if:

(1) a first political subdivision is located in whole or in part within one (1) or more other political subdivisions that reorganize under this article; and

(2) the first political subdivision does not participate in or does not approve the reorganization;

the reorganization does not affect the rights, powers, and duties of the first political subdivision, and the reorganized political subdivision may not exercise within the first political subdivision any right, power, or duty unless that right, power, or duty was exercised within the first political subdivision before the reorganization by at least one (1) of the reorganizing political subdivisions.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.22; P.L.255-2013, SEC.9.
Ind. Code § 36-7-4-1326 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1326
Ordinance; special reduced rates for affordable housing development
Status: in_force

Sec. 1326. (a) An impact fee ordinance may provide for a reduction in an impact fee for housing development that provides sale or rental housing, or both, at a price that is affordable to an individual or a family earning less than eighty percent (80%) of the median income for the county in which the housing development is located. If the housing development comprises more than one (1) residential unit, the impact fee reduction shall apply only to the residential units that are affordable to an individual or a family earning less than eighty percent (80%) of the median income of the county.

(b) If the impact fee ordinance provides for a reduction in an impact fee under subsection (a), the ordinance must:

(1) contain a schedule or formula that sets forth the amount of the fee reduction for various types of housing development specified in subsection (a);

(2) require that, as a condition of receiving the fee reduction, the owner execute an agreement that:

(A) is binding for a period of at least five (5) years on the owner and subsequent owners; and

(B) limits the tenancy of residential units receiving the fee reduction to individuals or families who at the time the tenancy is initiated are earning less than eighty percent (80%) of the median income of the county;

(3) contain standards to be used in determining if a particular housing development specified in subsection (a) will receive a fee reduction; and

(4) designate a board or an official of the unit to conduct the hearing required by subsection (c).

(c) A fee reduction authorized by this section must be approved by a board or official of the unit at a public hearing.

As added by P.L.221-1991, SEC.27.
Ind. Code § 36-7-4-404 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-404
Power to sue and be sued; costs
Status: in_force

Sec. 404. (a) ADVISORY. Each advisory plan commission shall sue and be sued collectively by its legal name, styled according to the municipality or county, "__________ Plan Commission", with service of process on the executive director or the president of the commission. No costs may be taxed against the commission or any of its members in any action.

(b) AREA. Each area plan commission shall sue and be sued collectively by its legal name, styled "The Area Plan Commission of __________ County" or a similar title adopted by official resolution of the commission, with service of process on the executive director or by leaving a copy at the office of the commission. No costs may be taxed against the commission or any of its members in any action.

(c) METRO. The metropolitan development commission shall sue and be sued collectively by its legal name, styled "The Metropolitan Development Commission of __________ County", with service of process on the director of the department of metropolitan development or by leaving a copy at the office of the department. No costs may be taxed against the commission or any of its members in any action.

[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-3-8 part; 18-7-4-404; 18-7-4-25 part; 18-7-5-28 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.192-1984, SEC.9.
Ind. Code § 36-1-10-4 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-4
Repealed
Status: repealed

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.11; P.L.343-1989(ss), SEC.14; P.L.2-1989, SEC.22. Repealed by P.L.1-1990, SEC.356.
Ind. Code § 36-9-15.5-2 — Indiana Code / Title 36 / Article 9 / Chapter 15.5 / Section 36-9-15.5-2
Authorization of fund; purpose
Status: in_force

Sec. 2. The legislative body of a municipality may establish a cumulative capital development fund under IC 6-1.1-41 to provide money for any purpose for which property taxes may be imposed within the municipality under the authority of:

IC 8-16-3;

IC 8-22-3-25;

IC 14-27-6-48;

IC 14-33-14;

IC 16-23-1-40;

IC 36-8-14;

IC 36-9-4-48;

IC 36-9-16-2;

IC 36-9-16-3;

IC 36-9-16.5;

IC 36-9-17;

IC 36-9-26;

IC 36-9-27-100;

IC 36-10-3-21; or

IC 36-10-4-36.

As added by P.L.44-1984, SEC.17. Amended by P.L.2-1993, SEC.208; P.L.1-1995, SEC.87; P.L.17-1995, SEC.32.
Ind. Code § 36-10-10-2 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Authority" refers to a civic center building authority created under this chapter.

"Board" refers to the board of directors of the authority.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-1-10-17 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-17
Annual appropriation and tax levy
Status: in_force

Sec. 17. (a) A political subdivision or agency that executes a lease under this chapter shall, subject to subsection (d), make an annual appropriation and tax levy at a rate to provide sufficient money to pay the rental payable from property taxes stipulated in the lease.

(b) The appropriation and levy are subject to review by other bodies that have the authority to ascertain that the levy is sufficient to raise the amount required to pay the rental payable from property taxes under the lease.

(c) The appropriation and levy may be reduced in any year to the extent other money or any reimbursement under IC 36-7-14-39 are pledged or available for the payment of the lease rental.

(d) A political subdivision or agency that executes a lease for a transportation project may only levy a tax under this section for an amount necessary to restore debt service reserve funds and may not levy a tax for lease rental payments.

[Pre-Local Government Recodification Citation: 18-5-3.3-9.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.18; P.L.343-1989(ss), SEC.20.
Ind. Code § 36-7-14.5-3 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-3
"Board" defined
Status: in_force

Sec. 3. As used in this chapter, "board" refers to the board of directors of the authority.

As added by P.L.380-1987(ss), SEC.18.
Ind. Code § 36-8-3.2-3 — Indiana Code / Title 36 / Article 8 / Chapter 3.2 / Section 36-8-3.2-3
Physical agility and aptitude tests; adoption of standards; review
Status: in_force

Sec. 3. (a) The appointing authority shall adopt standards for firefighters establishing a physical agility test that:

(1) does not discriminate on the basis of sex;

(2) reflects the essential functions of the job; and

(3) at a minimum includes testing the following:

(A) Fear of heights (acrophobia).

(B) Fear of confinement (claustrophobia).

(C) Muscular strength.

(D) Muscular endurance.

(E) Cardiovascular endurance.

(F) Musculoskeletal flexibility.

(b) The appointing authority shall also adopt standards for firefighters establishing a general aptitude test.

(c) The standards required by this section must be presented to the board of firefighting personnel standards and education established by IC 22-12-3-1 for review.

As added by P.L.394-1987(ss), SEC.1. Amended by P.L.4-1992, SEC.25.
Ind. Code § 36-1-8-14 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-14
Three-fourths vote rounded to nearest whole number
Status: in_force

Sec. 14. Whenever this title requires an action to be taken by a three-fourths (3/4) vote, the number of votes necessary to satisfy the requirement is rounded to the nearest whole number.

As added by P.L.125-2001, SEC.1.
Ind. Code § 36-2-8.7-4 — Indiana Code / Title 36 / Article 2 / Chapter 8.7 / Section 36-2-8.7-4
Certification of resolution
Status: in_force

Sec. 4. The county executive shall certify the resolution to:

(1) the county fiscal body;

(2) the county officer; and

(3) the clerk of the court in which the action is filed under IC 5-8-1-35;

not later than ten (10) days after the date the resolution is adopted.

As added by P.L.169-2021, SEC.2.
Ind. Code § 36-7-32.6-17 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-17
Limitation; term; stadium development district
Status: in_force

Sec. 17. The term of the stadium development district as may be designated in section 14 of this chapter may not exceed thirty-five (35) years commencing from the date the budget committee reviews the resolution or ordinance designating a stadium development district pursuant to section 15 of this chapter.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-7-32.5-20.5 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-20.5
Economic development reserve account
Status: in_force

Sec. 20.5. (a) The economic development reserve account is established within the state general fund to support the development and expansion of industry in Indiana. The budget agency shall administer the economic development reserve account.

(b) The economic development reserve account consists of the following:

(1) Money appropriated to the economic development reserve account by the general assembly.

(2) Money transferred to the economic development reserve account under section 19(f) of this chapter.

(3) Interest earned on the balance of the economic development reserve account.

(c) The treasurer of state shall invest the money in the economic development reserve account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the economic development reserve account.

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

As added by P.L.213-2025, SEC.319.
Ind. Code § 36-9-38-2 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-2
Permissible improvements
Status: in_force

Sec. 2. The following improvements may be made under this chapter:

(1) Sidewalks.

(2) Streets.

(3) Pedestrian ways or malls that are set aside entirely or partly, or during restricted hours, for pedestrian rather than vehicular traffic.

(4) Parking facilities.

(5) Lighting.

(6) Electric signals.

(7) Landscaping, including trees, shrubbery, flowers, grass, fountains, benches, statues, floodlighting, gaslighting, and structures of a decorative, an educational, or a historical nature.

(8) Emergency warning systems.

As added by P.L.98-1993, SEC.9. Amended by P.L.42-2006, SEC.3.
Ind. Code § 36-7-4-206 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-206
Establishment; extent of territorial authority of nonparticipating municipality
Status: in_force

Sec. 206. AREA. After the planning department is established, a nonparticipating municipality may not exercise planning and zoning powers outside its corporate boundaries.

[Pre-Local Government Recodification Citations: 18-7-4-206; 18-7-4-6 part.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-7-27-11 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-11
Tax area; establishment; procedures; area containing armed forces provider; findings; special taxing district
Status: in_force

Sec. 11. (a) A commission may establish a tax area according to the procedures set forth for the establishment of economic development areas under IC 36-7-15.1. Notwithstanding any other law, the tax area must be wholly within an airport development zone established under IC 8-22-3.5 or within any other area in the county in which there is located a provider of services, equipment, or both to the United States armed forces.

(b) In establishing the tax area, the commission must make the following findings in lieu of the findings required for the establishment of economic development areas:

(1) That a project to be undertaken or that has been undertaken in the area is a qualified economic development tax project.

(2) That the local public improvements (as defined in IC 36-7-15.3-6) being constructed, acquired, or provided or to be constructed, acquired, or provided in or serving the tax area will benefit the public health and welfare and will be of public utility and benefit.

(3) That the qualified economic development tax project being constructed, acquired, or provided or to be constructed, acquired, or provided in or serving the tax area will protect or increase state and local tax bases or revenues.

(c) In addition to the findings required under subsection (b), the commission may find that the qualified economic development project involves a provider of services, equipment, or both to the United States armed forces.

(d) The tax area established by the commission under this chapter is a special taxing district authorized by the general assembly to enable the county to provide special benefits to taxpayers in the tax area by promoting economic development that is of public use and benefit.

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-7-4-505 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-505
Comprehensive plan; requests for related information
Status: in_force

Sec. 505. (a) When the plan commission undertakes the preparation of a comprehensive plan, the commission may request any public or private officials to make available any information, documents, and plans that have been prepared and that provide any information that relates to the comprehensive plan.

(b) All officials and departments of state government and of the political subdivisions operating within lands under the jurisdiction of the plan commission shall comply with requests under subsection (a).

(c) All officials of public and private utilities operating within lands under the jurisdiction of the plan commission shall comply with requests under subsection (a) to furnish public information.

[Pre-Local Government Recodification Citations: 18-7-2-32 part; 18-7-4-505; 18-7-4-40.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.29; P.L.335-1985, SEC.7.
Ind. Code § 36-4-9-10 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-10
Repealed
Status: repealed

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

As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1981, P.L.44, SEC.61.
Ind. Code § 36-7-23-22 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-22
Revenue bond resolutions
Status: in_force

Sec. 22. The board must adopt a resolution before issuing and selling revenue bonds under this chapter. The amount of the bonds issued under a resolution may not exceed the total, as estimated by the board, of all expenses reasonably incurred in connection with the purpose for which the bonds were issued.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-8-3.5-9 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-9
Rules governing commission; selection of officers; records; budget; per diem
Status: in_force

Sec. 9. (a) Not later than thirty (30) days after the commission is selected, the commission shall adopt rules to govern the commission, including the time and place of regular monthly meetings and special meetings that are necessary to transact the business of the commission. A majority of the commissioners constitutes a quorum, and a majority vote of all the commissioners is necessary to transact the business of the commission. Each year the commissioners shall select from among the commissioners a president, vice president, and secretary. The commission shall keep a permanent record of its proceedings.

(b) In the case of a unit, the commission shall submit a proposed annual budget to the unit as other budgets of the unit are submitted. The legislative body shall include in its budget an amount sufficient for the necessary expenses of the commission.

(c) The commissioners for a territory or district who are:

(1) members of the governing board may not receive a per diem for serving on the commission, but may receive compensation for expenses actually incurred in the performance of a commissioner's duties; and

(2) described in section 6(c)(2) of this chapter may receive a per diem for serving on the commission and compensation for expenses actually incurred in the performance of a commissioner's duties.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.207-2023, SEC.17.
Ind. Code § 36-9-14.5-4 — Indiana Code / Title 36 / Article 9 / Chapter 14.5 / Section 36-9-14.5-4
Repealed
Status: repealed

As added by P.L.44-1984, SEC.16. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-7-2.5-16 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-16
Notice of completeness or incompleteness of application
Status: in_force

Sec. 16. (a) This subsection applies only to the notice provided by the unit under this section. If the unit transmits a notice to the applicant and does not receive an electronic verification or acknowledgment of receipt of the notice within three business (3) days after the date the notice is transmitted, the unit shall send the applicant a paper copy of the notice on the next business day by United States mail.

(b) The unit has not more than three (3) business days after receiving an application to notify the applicant regarding whether the application is complete or incomplete.

(c) If the applicant is notified that the application is incomplete:

(1) the unit must identify in the notice any deficiencies in the application;

(2) the applicant may submit application revisions in an electronic or paper format; and

(3) the unit has three (3) business days after receiving the revisions to notify the applicant whether the application is complete or incomplete.

(d) If the applicant:

(1) submits revisions to the application; and

(2) is notified by the unit:

(A) that the application is still incomplete; and

(B) of the application's deficiencies;

the process of the applicant submitting revisions and the unit providing notification as to the completeness of the application within the time set forth in subsection (b) applies until the unit notifies the applicant that the application is complete.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-10-11-34 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-34
Board of managers; powers
Status: in_force

Sec. 34. The board of managers may do the following:

(1) Receive and collect money due to or otherwise related to a building; employ an executive manager, an associate manager, and other agents and employees that are considered necessary for the fulfillment of its duties, and fix the compensation of all employees. However, a contract of employment or other arrangement must be terminable at the will of the board of managers, except that a contract may be entered into with an executive manager for a period not exceeding four (4) years and subject to extension or renewal for similar or shorter periods.

(2) Let concessions for the operation of restaurants, cafeterias, public telephones, news and cigar stands, vending machines, caterers, and all other services considered necessary or desirable for the operation of the a building.

(3) Lease a part of a building from time to time to any association, corporation, or individual, with or without the right to sublet.

(4) Fix charges and establish rules governing the use and operation of a building.

(5) Accept gifts or contributions from individuals, corporations, limited liability companies, partnerships, associations, trusts, or foundations; accept funds, loans, or advances on the terms and conditions that the board of managers considers necessary or desirable from the federal government, the state, or any of their agencies or political subdivisions.

(6) Receive and collect all money due to the use or leasing of a building or any part of it and from concessions or other contracts and expend that money for proper purposes.

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

(8) Purchase public liability and other insurance that it considers necessary.

(9) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including enforcement of them.

(10) Maintain and repair a building and employ a building superintendent and other employees that are necessary to properly maintain a building.

(11) Prepare and publish descriptive materials and literature relating to a building and specifying the advantages of a building; do all other acts and things that the board of managers considers necessary to promote and publicize a building and serve the commercial, industrial, and cultural interests of Indiana and all its citizens by the use of a building; and assist and cooperate with the state and other public, governmental, and private agencies and groups of citizens for those purposes.

(12) Supervise, manage, operate, and maintain any other public facility owned or leased by the lessee governmental entity or by an agency of it when so directed by a resolution adopted by the fiscal body of the entity.

(13) Exercise other powers and perform other duties not in conflict with this chapter that are specified by ordinance or resolution of the fiscal body of the lessee governmental entity.

(14) Perform all other acts necessarily incidental to its duties and the powers listed in this section.

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.8-1993, SEC.522; P.L.178-2002, SEC.138.
Ind. Code § 36-7-23-14 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-14
Repealed
Status: repealed

As added by P.L.346-1989(ss), SEC.7. Repealed by P.L.86-1999, SEC.21.
Ind. Code § 36-10-16-29 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-29
Issuing bonds
Status: in_force

Sec. 29. (a) Bonds issued under IC 36-7-12, IC 36-7-14, or other applicable law may be refunded as provided in this section.

(b) An eligible participant or Indiana nonprofit corporation may sell all or a part of land or an economic improvement project or projects to the commission for a price sufficient to provide for the refunding of those bonds and lease back the land or economic improvement project or projects from the commission.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7-14-6.1 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-6.1
Commissioners; appointment; nonvoting adviser
Status: in_force

Sec. 6.1. (a) The five (5) commissioners for a municipal redevelopment commission shall be appointed as follows:

(1) Three (3) shall be appointed by the municipal executive.

(2) Two (2) shall be appointed by the municipal legislative body.

The municipal executive shall also appoint an individual to serve as a nonvoting adviser to the redevelopment commission beginning July 1, 2008.

(b) The commissioners for a county redevelopment commission that has five (5) members shall be appointed as follows:

(1) The county executive shall appoint all the members whose terms of office begin before January 1, 2008.

(2) For terms of office beginning after December 31, 2007, the county executive shall appoint three (3) members, and the county fiscal body shall appoint two (2) members.

The county executive shall also appoint an individual to serve as a nonvoting adviser to the redevelopment commission beginning July 1, 2008.

(c) The commissioners for a county redevelopment commission that has seven (7) members shall be appointed as follows:

(1) The county executive shall appoint all the members whose terms of office begin before January 1, 2008.

(2) For terms of office beginning after December 31, 2007, the county executive shall appoint four (4) members, and the county fiscal body shall appoint three (3) members.

The county executive shall also appoint an individual to serve as a nonvoting adviser to the redevelopment commission beginning July 1, 2008.

(d) A nonvoting adviser appointed under this section:

(1) must also be a member of the school board of a school corporation that includes all or part of the territory served by the redevelopment commission or an individual recommended by the school board to the entity that appoints the nonvoting adviser;

(2) is not considered a member of the redevelopment commission for purposes of this chapter but is entitled to attend and participate in the proceedings of all meetings of the redevelopment commission;

(3) is not entitled to a salary, per diem, or reimbursement of expenses;

(4) serves for a term of two (2) years and until a successor is appointed; and

(5) serves at the pleasure of the entity that appointed the nonvoting adviser.

As added by Acts 1981, P.L.310, SEC.83. Amended by P.L.190-2005, SEC.7; P.L.146-2008, SEC.723; P.L.55-2016, SEC.2.
Ind. Code § 36-8-4-7 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-7
Age limitations; aptitude, physical agility, and physical examinations
Status: in_force

Sec. 7. (a) Subject to IC 36-8-4.7, a person may not be appointed as a member of the police or fire department after the person has reached forty (40) years of age. A person may be reappointed as a member of any department only if the person is a former member or a retired member not yet receiving retirement benefits of the 1925, 1937, 1953, or 1977 fund and can complete twenty (20) years of service before reaching sixty (60) years of age.

(b) This section does not apply to a fire chief appointed under a waiver under section 6(c) of this chapter or a police chief appointed under a waiver under section 6.5(c) of this chapter.

(c) A person must pass the aptitude, physical agility, and physical examination required by the local board of the fund and by IC 36-8-8-19 to be appointed or reappointed as a member of the department.

(d) A fire chief appointed under a waiver under section 6(c) of this chapter or police chief appointed under a waiver under section 6.5(c) of this chapter who is receiving, or is entitled to receive, benefits from the 1925, 1937, 1953, or 1977 fund may receive those benefits while serving as chief, subject to all normal requirements for receipt of a benefit, including a separation from service.

[Pre-Local Government Recodification Citation: 19-1-15-1.]

As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981, P.L.315, SEC.5; P.L.38-1986, SEC.3; P.L.55-1987, SEC.3; P.L.4-1992, SEC.31; P.L.213-1995, SEC.4; P.L.246-2001, SEC.13; P.L.115-2016, SEC.2; P.L.103-2021, SEC.3; P.L.85-2022, SEC.3; P.L.102-2023, SEC.3.
Ind. Code § 36-7-13-7 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-7
Title to real property
Status: in_force

Sec. 7. The title to all real property acquired under this chapter shall be taken in the name of the unit and shall be conveyed by warranty deed executed by the presiding officer of the legislative body and attested to by the clerk of the unit.

[Pre-Local Government Recodification Citation: 18-7-14-8.]

As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.79; P.L.262-1993, SEC.6.
Ind. Code § 36-7-30.2-1 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-1
Application
Status: in_force

Sec. 1. This chapter applies only to a unit that exercises planning or zoning jurisdiction over land within a state area of interest.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-9-37-30 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-30
Payment of bonds at maturity
Status: in_force

Sec. 30. (a) Bonds issued in anticipation of the collection of special assessments bear interest until the date of maturity if sufficient money is available to pay the principal of and interest on the bonds at that date.

(b) If sufficient money is not available to pay the principal of and interest on the bonds, any available money that was assessed to pay the bonds shall be paid to the holders of the bonds on a pro rata basis. The unpaid balances of the principal of and interest on the bonds bear interest until the delinquent assessments have been collected. The rate of interest on the unpaid balances must be the same as the rate paid by the bonds before their maturity.

(c) If the principal of and interest on the bonds are not paid in full at their maturity, the bonds must be marked with the following:

(1) The date of payment.

(2) The amount of principal and interest paid.

(3) The balance unpaid.

(d) At every six (6) month period after the maturity of the bonds, the delinquent collections for the payment of the principal of and interest on the bonds and interest on the unpaid balances of the bonds shall be paid on a pro rata basis. Each bond shall be marked with the following:

(1) The amount of principal and interest paid.

(2) The balance unpaid.

(3) The amount of interest paid on unpaid balances.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-7-25-6 — Indiana Code / Title 36 / Article 7 / Chapter 25 / Section 36-7-25-6
Limitation on taxpayer's right to challenge taxes or assessments; agreement; lien; priority
Status: in_force

Sec. 6. (a) Subject to section 6.5 of this chapter, a commission may enter into an agreement with a taxpayer in an allocation area that limits the taxpayer's rights to challenge the taxpayer's assessment or property taxes or that guarantees, enhances, or otherwise further secures bonds or lease obligations of the commission. The obligation to make payments under a taxpayer agreement that guarantee, enhance, or otherwise further secure bonds or lease obligations of the commission under this section shall be treated in the same manner as property taxes for purposes of IC 6-1.1-22-13, if, and to the extent that, the taxpayer agreement provides for a property tax lien.

(b) A lien resulting from a taxpayer agreement described in subsection (a) takes priority over any existing or subsequent:

(1) mortgage;

(2) other lien; or

(3) other encumbrance;

on the property and must have parity with a property tax lien described in IC 6-1.1-22-13.

(c) A lien resulting from a taxpayer agreement described in subsection (a) will have the priority of real property taxes described in IC 6-1.1-22-13 and may be enforced and collected in all respects as real property taxes.

As added by P.L.35-1990, SEC.62. Amended by P.L.147-1992, SEC.2; P.L.200-2016, SEC.3; P.L.46-2022, SEC.1.
Ind. Code § 36-1.5-4.1-31 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-31
Prohibited actions within designated townships after June 30, 2027
Status: in_force

Sec. 31. (a) Except as provided in subsections (c) through (d), a political subdivision may not take an action described in subsection (b) within a designated township after June 30, 2027.

(b) A political subdivision may not take any of the following actions partially or wholly within a designated township after June 30, 2027, unless the recipient municipality agrees by adopting a resolution:

(1) Initiate an annexation of territory.

(2) Establish a fire protection territory or fire protection district.

(3) Extend water, sewer, or any other infrastructure to the political subdivision.

(4) Expand zoning jurisdiction under IC 36-7-4-205.

(c) This chapter does not prohibit a recipient municipality from taking an action under subsection (b) for the purpose of implementing the plan of reorganization.

(d) A political subdivision may take an action described in subsection (b) after December 31, 2028.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-7-18-20 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-20
Investigatory powers; cooperation with political subdivisions and state
Status: in_force

Sec. 20. A housing authority may:

(1) investigate living and housing conditions, and methods of improving those conditions;

(2) determine where slum areas exist or where there is a shortage of decent, safe, and sanitary dwelling accommodations for persons of low income;

(3) make studies and recommendations relating to the problems of clearing, replanning, and reconstructing slum areas, and of providing dwelling accommodations for persons of low income;

(4) cooperate with the state or any political subdivision in clearing, replanning, and reconstructing slum areas, and providing dwelling accommodations for persons of low income; and

(5) engage in studies and experimentation on the subject of housing.

[Pre-Local Government Recodification Citations: 18-4-8-5 part; 18-7-11-8(f).]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987, SEC.7.
Ind. Code § 36-9-36-52 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-52
Foreclosure actions; complaint; proof
Status: in_force

Sec. 52. (a) The complaint for a foreclosure action under this chapter need not set forth the specific proceedings leading to the final assessment. However, the complaint must include the following information:

(1) The date on which the contract for the improvement was finally let.

(2) The name of the improvement.

(3) The amount and date of the assessment.

(4) A statement that the assessment is unpaid.

(5) A description of the property on which the assessment was levied.

(b) At the trial of a foreclosure action, the plaintiff is not required to introduce proof of the proceedings before the works board leading to the final assessment. However, the plaintiff must introduce the final assessment roll or a copy of the final assessment roll. The final assessment roll or the copy of the final assessment roll must be properly certified.

(c) The final assessment roll or the copy is presumptive evidence that the works board took all actions required to be taken in making the final assessment.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-6.5-0.1 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.220-1986 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if this act had not been enacted.

As added by P.L.220-2011, SEC.682.
Ind. Code § 36-9-27-89 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-89
Ditch assessment liens; attachment; termination
Status: in_force

Sec. 89. (a) The lien of a ditch assessment attaches to the land assessed on the date of certification of the final assessment to the county auditor, and is inferior only to tax liens.

(b) The lien of a ditch assessment terminates on the date it is paid in full or on the last day of the fifth year after the last payment became due.

[Pre-Local Government Recodification Citation: 19-4-7-13.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-2-7-4 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-4
County sheriff; mileage allowance
Status: in_force

Sec. 4. (a) This chapter does not apply to travel required of a county sheriff under the Uniform Criminal Extradition Act (IC 35-33-10).

(b) If the county sheriff uses a personal automobile for travel within Indiana for use in an emergency, the county sheriff is entitled to a sum for mileage at a rate determined by the county fiscal body.

[Pre-Local Government Recodification Citations: 17-3-72-7 part; 17-3-72-14 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1989, SEC.226; P.L.10-1997, SEC.27.
Ind. Code § 36-9-16.5-2 — Indiana Code / Title 36 / Article 9 / Chapter 16.5 / Section 36-9-16.5-2
Establishment by municipality; purposes
Status: in_force

Sec. 2. (a) A municipality may establish a cumulative street fund to provide money for:

(1) the acquisition of rights-of-way for public ways or sidewalks; or

(2) the construction or reconstruction of public ways or sidewalks.

(b) A cumulative street fund may be established by a municipal legislative body through the adoption of a resolution.

As added by Acts 1981, P.L.307, SEC.2.
Ind. Code § 36-3-4-21 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-21
City-county legislative body; making loans and issuing bonds by ordinance; requirements and procedure for issuing bonds
Status: in_force

Sec. 21. (a) The city-county legislative body may, by ordinance, make loans of money for the consolidated city and, subject to IC 5-1-11.5 and IC 5-11-1-4(c), issue bonds for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the city and for the payment of city debts.

(b) An ordinance adopted under this section:

(1) must include the terms of the bonds to be issued in evidence of the loan;

(2) must include the time and manner of giving notice of the sale of the bonds;

(3) must include the manner in which the bonds will be sold; and

(4) may authorize a total amount for any issue of bonds.

(c) Bonds issued under this section may be sold in parcels of any size and at any time their proceeds are needed by the city.

(d) Bonds issued and sold by the city under this section:

(1) are negotiable with or without registration, as may be provided by the ordinance authorizing the issue;

(2) may bear interest at any rate;

(3) may run not longer than thirty (30) years;

(4) may contain an option allowing the city to redeem them in whole or in part at specified times prior to maturity; and

(5) may be sold for not less than par value.

(e) The fiscal officer of the consolidated city shall:

(1) manage and supervise the preparation, advertisement, negotiations, and sale of bonds under this section, subject to the terms of the ordinance authorizing the sale;

(2) deliver them to the county treasurer after they have been properly executed and shall take the county treasurer's receipt for them; and

(3) when a contract for the sale of all or any part of the bonds is consummated, certify to the county treasurer the amount the purchaser is to pay, together with the name and address of the purchaser.

The county treasurer shall then receive from the purchaser the amount certified by the fiscal officer, deliver the bonds to the purchaser, and take the purchaser's receipt for the bonds. The fiscal officer and county treasurer shall then report the proceedings in the sale to the legislative body. However, if the county treasurer is not present to receive the properly executed bonds from the fiscal officer or to issue the bonds, the fiscal officer shall perform the county treasurer's duties under this subsection.

[Pre-Local Government Recodification Citations: 18-1-4-3 part; 18-4-7-9 part; 17-2-85-1 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.184-2015, SEC.15; P.L.127-2017, SEC.116; P.L.244-2017, SEC.126.
Ind. Code § 36-7-4-1211 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1211
Township joinder; collection of fees
Status: in_force

Sec. 1211. ADVISORY. Fees collected for the issuance of permits or for the approval of subdivision plats shall be paid to the municipality or county, that the township joins, at the same rate and in the same manner as if the township was a part of that municipality or county.

[Pre-Local Government Recodification Citations: 18-7-4-1211; 18-7-6-12.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-9-30-12 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-12
Adoption of rules
Status: in_force

Sec. 12. The board shall adopt rules for the use and operation of facilities constructed or acquired under this chapter.

[Pre-Local Government Recodification Citation: 19-2-1-7 part.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-9-30-13 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-13
Operation of facilities
Status: in_force

Sec. 13. The board shall do all things necessary or expedient for the successful operation of facilities constructed or acquired under this chapter.

[Pre-Local Government Recodification Citation: 19-2-1-7 part.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-8-15-2 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-2
"Board" defined
Status: in_force

Sec. 2. As used in this chapter, "board" means the following:

(1) In a county having a consolidated city, a board established by and operated as set forth in an ordinance of the city-county legislative body.

(2) In a county not having a consolidated city, the board of commissioners.

As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.2; P.L.2-1989, SEC.49.
Ind. Code § 36-7-15.1-50 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-50
Tax on redevelopment district property; redevelopment district bond fund
Status: in_force

Sec. 50. (a) This section applies only to:

(1) bonds that are issued under section 45 of this chapter; or

(2) leases entered into under section 46 of this chapter;

that are payable from a special tax levied upon all of the property in the redevelopment district. This section does not apply to bonds or leases that are payable solely from tax proceeds allocated under section 53(b)(3) of this chapter, other revenues of the commission, or any combination of these sources.

(b) The excluded city legislative body shall levy each year a tax on all of the property of the redevelopment district in such a manner as to meet and pay:

(1) the principal of the bonds as they mature, together with all accruing interest on the bonds; or

(2) lease rental payments under section 46 of this chapter.

The tax levied shall be certified to the fiscal officers of the excluded city and the county before October 2 in each year. The tax shall be estimated and entered on the tax duplicate by the county auditor and shall be collected and enforced by the county treasurer in the same manner as other state and county taxes are estimated, entered, collected, and enforced.

(c) As the tax is collected, it shall be accumulated in a separate fund to be known as the redevelopment district bond fund and shall be applied to the payment of the bonds as they mature and the interest on the bonds as it accrues, or to make lease payments, and to no other purpose. All accumulations of the fund before use for the payment of bonds and interest or to make lease payments shall be deposited with the depository or depositories for other public funds of the city in accordance with the statutes concerning the deposit of public funds, unless they are invested under IC 5-13.

(d) The tax levies provided for in this section are reviewable by other bodies vested by law with the authority to ascertain that the levies are sufficient to raise the amount that, with other amounts available, is sufficient to meet the payments under the lease payable from the levy of taxes.

As added by P.L.102-1999, SEC.17. Amended by P.L.203-2011, SEC.17.
Ind. Code § 36-1-8.5-4.4 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-4.4
"Public defender"
Status: in_force

Sec. 4.4. As used in this chapter, "public defender" means an individual who is any of the following:

(1) An individual employed full time by a county as a public defender.

(2) An individual who maintains a full-time equivalent caseload, as certified by the Indiana commission on court appointed attorneys under IC 21-13-12-16, as a contractual or hourly public defender.

(3) The state public defender.

(4) A deputy of the state public defender.

(5) A chief public defender.

As added by P.L.40-2026, SEC.11.
Ind. Code § 36-7-7-3 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-3
Counties transferring membership between commissions or joining existing commissions; procedure
Status: in_force

Sec. 3. (a) A county may request a change in its participation from one (1) commission to another, or request to join a commission if it is not participating, under subsection (b).

(b) The legislative body of the county must, by resolution, request the inclusion of the county in the commission. The county auditor shall transmit a copy of the resolution to the governor, the chair of the commission, and, if applicable, the chair of the commission that the county is requesting to leave.

(c) The commission to be joined may consider a request under subsection (b). It may, by a majority vote of all its members, adopt a resolution including the requesting county in the commission.

(d) Whenever a resolution is adopted under subsection (c), the chair of the commission shall call a meeting to organize the enlarged commission. The chair shall call to this meeting all members of the commission plus:

(1) if the new county is changing its participation from one (1) commission to another, the persons from that county who served on the commission that the county is leaving; or

(2) if the new county has not been participating, a representative of the executive of that county.

[Pre-Local Government Recodification Citation: 18-7-1.1-2.5.]

As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.127-2017, SEC.178.
Ind. Code § 36-1-2-24 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-24
"Works board"
Status: in_force

Sec. 24. "Works board" means the following:

(1) The board of commissioners, for a county not having a consolidated city.

(2) The board of public works or board of public works and safety, for a city.

(3) The town council, for a town.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.11, SEC.133; P.L.8-1989, SEC.96; P.L.77-2014, SEC.11; P.L.278-2019, SEC.180.
Ind. Code § 36-5-2-13 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-13
Removal of town employee
Status: in_force

Sec. 13. The town executive must have the approval of a majority of the town council before the executive may discharge, reduce in grade under IC 36-8-3-4, or remove a town employee.

As added by P.L.34-1999, SEC.4.
Ind. Code § 36-3-7-6 — Indiana Code / Title 36 / Article 3 / Chapter 7 / Section 36-3-7-6
Use of local income tax revenue
Status: in_force

Sec. 6. The governing body of a public library located in the county may recommend and the county fiscal body may elect to provide revenue to the public library from part of the certified distribution, if any, that the county is to receive during that same year under IC 6-3.6-9. To make the election, the county fiscal body must adopt an ordinance before November 1 of the preceding year. The county fiscal body must specify in the ordinance the amount of the certified distribution that is to be used to provide revenue to the public library. If such an ordinance is adopted, the county fiscal body shall immediately send a copy of the ordinance to the county auditor.

As added by P.L.135-2011, SEC.2. Amended by P.L.197-2016, SEC.121.
Ind. Code § 36-7-12-23 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-23
Evaluative report; exception
Status: in_force

Sec. 23. (a) The economic development commission shall prepare a report that:

(1) briefly describes the proposed economic development or pollution control facilities;

(2) estimates the number and expense of public works or services that would be made necessary or desirable by the proposed facilities, including public ways, schools, water, sewers, street lights, and fire protection;

(3) estimates the total project costs of the proposed facilities;

(4) for economic development facilities, estimates the number of jobs and the payroll to be created or saved, or describes the public benefits provided by a waterworks facility; and

(5) for pollution control facilities, describes the facilities and how they will abate, reduce, or prevent pollution.

(b) The report shall be submitted to the executive director or chair of the plan commission, if any, and if the number of new jobs estimated exceeds one hundred (100), to the superintendent of the school corporation where the facilities will be located. The executive director or chair of the plan commission and the school superintendent may formulate their written comments concerning the report and transmit their comments, if any, to the commission within five (5) days from the receipt of the report.

(c) In the case of a program financing under section 18.5 of this chapter, the requirements of this section need be complied with only when and as a condition precedent to financing proposed economic development or pollution control facilities from the program funds.

[Pre-Local Government Recodification Citation: 18-6-4.5-16.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.50; P.L.35-1990, SEC.49; P.L.127-2017, SEC.199.
Ind. Code § 36-7-32-5 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-5
"Business incubator"
Status: in_force

Sec. 5. As used in this chapter, "business incubator" means real and personal property that:

(1) is located in a certified technology park;

(2) is subject to an agreement under section 12 of this chapter; and

(3) is developed for the primary purpose of attracting one (1) or more owners or tenants who will engage in high technology activities.

As added by P.L.192-2002(ss), SEC.187.
Ind. Code § 36-7.7-3-9 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-9
Membership
Status: in_force

Sec. 9. (a) Only one (1) development authority may be established under this article. However, a county or municipality described in subsection (b) may join a development authority established under section 1 of this chapter if the fiscal body of the county or municipality:

(1) adopts an ordinance authorizing the county or municipality to become a member of the development authority; and

(2) adopts a substantially similar resolution to adopt the preliminary development plan of the development authority as set forth under section 1 of this chapter.

A development authority shall notify the Indiana economic development corporation promptly in writing when a new member joins the development authority.

(b) The following counties or municipalities may join a development authority established under section 1 of this chapter:

(1) In the case of a county, a county that is adjacent to a county that:

(A) is a member of the development authority; or

(B) contains a member of the development authority.

(2) In the case of a municipality, a municipality that is located in a county that:

(A) is a member of the development authority;

(B) is adjacent to a county that is a member of the development authority; or

(C) is adjacent to a county containing a member of the development authority.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-2-8.7-7 — Indiana Code / Title 36 / Article 2 / Chapter 8.7 / Section 36-2-8.7-7
Required physical presence during office hours; defenses; exceptions
Status: in_force

Sec. 7. (a) This section does not apply to a county officer described in section 1(6) of this chapter.

(b) A county officer must be physically present in the county officer's office during regular office hours for a reasonable amount of time each month during the county officer's term of office.

(c) A county officer may be removed from office by the court under IC 5-8-1-35, if the county officer is in violation of this section during one (1) or more months of the county officer's term. However, it is a defense to any action brought under IC 5-8-1-35 asserting a violation of this section, that the county officer's failure to be physically present in the county officer's office was due to:

(1) the serious illness of the county officer or the county officer's spouse, parent, child, or stepchild; or

(2) military service of the county officer.

The defense is available in any action brought under IC 5-8-1-35 regardless of whether the action is brought by a person or upon resolutions adopted by the county executive or fiscal body under this chapter.

(d) A county officer:

(1) does not violate this section; and

(2) may not be removed from office under IC 5-8-1-35;

for being physically absent from the county officer's office during any month in which a declaration of a local disaster emergency under IC 10-14-3-29 is in effect for at least one (1) work day in the county or in the municipality in which the county officer's office is located.

As added by P.L.169-2021, SEC.2. Amended by P.L.159-2025, SEC.6.
Ind. Code § 36-10-15-4 — Indiana Code / Title 36 / Article 10 / Chapter 15 / Section 36-10-15-4
Withdrawal of dedication; conditions
Status: in_force

Sec. 4. If the city:

(1) converts the dedicated real property or any part of the property to a use other than as a public park in the city; or

(2) dumps or deposits or suffers or permits to be dumped or deposited garbage, refuse, or other worthless matter in or upon the dedicated real property or any part of the property, except as is necessary and incidental to the public park use;

the general assembly may withdraw all of the dedicated real property from the city without compensation to the city.

As added by P.L.220-2011, SEC.686.
Ind. Code § 36-10-2-5 — Indiana Code / Title 36 / Article 10 / Chapter 2 / Section 36-10-2-5
Neighborhood centers, arenas, and stadiums
Status: in_force

Sec. 5. A unit may establish, aid, maintain, and operate neighborhood centers, community centers, civic centers, convention centers, auditoriums, arenas, and stadiums.

[Pre-Local Government Recodification Citations: 18-1-1.5-14(e); 18-1-1.5-14(f).]

As added by Acts 1980, P.L.211, SEC.5.
Ind. Code § 36-9-2-10 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-10
Watercourses; taking or permitting escape of water
Status: in_force

Sec. 10. A unit may regulate the taking of water, or causing or permitting water to escape, from a watercourse.

[Pre-Local Government Recodification Citation: 18-1-1.5-9(c).]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-8-13-9 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-9
Payment of line of duty health care expenses for firefighters
Status: in_force

Sec. 9. (a) As used in this section, "firefighter" means a current or former full-time, paid firefighter.

(b) A township shall pay for the care of a firefighter who:

(1) suffers an injury; or

(2) contracts an illness;

during the performance of the firefighter's duty.

(c) The township shall pay for the following expenses incurred by a firefighter described in subsection (b):

(1) Medical and surgical care.

(2) Medicines and laboratory, curative, and palliative agents and means.

(3) X-ray, diagnostic, and therapeutic service, including during the recovery period.

(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.

(d) Expenditures required by subsection (b) or (c) shall be paid from the township firefighting and emergency services fund established by section 4(a)(1) of this chapter or the township firefighting fund established by section 4(a)(2)(A) of this chapter, as applicable.

(e) A township that has paid for the care of a firefighter under subsection (b) or (c) has a cause of action for reimbursement of the amount paid under subsection (b) or (c) against any third party against whom the firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The township's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the firefighter against the third party.

(f) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A firefighter may recover medical benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If the firefighter pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the firefighter is not precluded from recovering medical benefits under this section.

As added by P.L.150-2002, SEC.4. Amended by P.L.236-2023, SEC.207; P.L.118-2026, SEC.19.
Ind. Code § 36-7.5-6-6 — Indiana Code / Title 36 / Article 7.5 / Chapter 6 / Section 36-7.5-6-6
Use of money in the fund
Status: in_force

Sec. 6. (a) The development authority shall use the money in the fund to provide grants to the city of Gary for use in paying the reasonable and necessary costs associated with demolishing a qualified property located in the territory of a current or future transit development district or in the area surrounding the Gary Metro Center, including:

(1) demolition costs;

(2) permit fees;

(3) abatement of any hazardous materials;

(4) air monitoring at demolition sites;

(5) site grading; or

(6) replacement of damaged sidewalk, including any associated work.

(b) If the amount of money in the fund is greater than the amount needed for the purpose described in subsection (a), as determined by the development authority, the development authority may use money in the fund:

(1) to provide grants to the city of Gary for paying reasonable and necessary costs, as described in subsection (a), that are associated with demolishing a qualified property located in an area that is contiguous to the territory of a current or future transit development district; or

(2) for purposes of preliminary planning and design of the Gary Metro Center station revitalization project.

(c) Money in the fund may not be used for any of the following purposes:

(1) City administrative costs, including project management.

(2) Property acquisition or redevelopment.

As added by P.L.195-2023, SEC.6.
Ind. Code § 36-7-11-14 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-14
Demolition of buildings following failure to secure certificates of appropriateness; notice
Status: in_force

Sec. 14. (a) The purpose of this section is to preserve historic buildings that are important to the education, culture, traditions, and economic values of the unit, and to afford the unit, historical organizations, and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings.

(b) If a property owner shows that a historic building is incapable of earning an economic return on its value, as appraised by a qualified real estate appraiser, and the commission fails to approve the issuance of a certificate of appropriateness, the building may be demolished. However, before a demolition permit is issued or demolition proceeds, notice of proposed demolition must be given for a period fixed by the commission, based on the commission's classification on the approved map but not less than sixty (60) days nor more than one (1) year. Notice must be posted on the premises of the building proposed for demolition in a location clearly visible from the street. In addition, notice must be published in a newspaper of general local circulation at least three (3) times before demolition, with the first publication not more than fifteen (15) days after the application for a permit to demolish is filed, and the final publication at least fifteen (15) days before the date of the permit.

(c) The commission may approve a certificate of appropriateness at any time during the notice period under subsection (b). If the certificate is approved, a demolition permit shall be issued without further delay, and demolition may proceed.

[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.15.
Ind. Code § 36-2-14-15 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-15
Compensation; expiration of statute
Status: in_force

Sec. 15. (a) When fixing the compensation of county officers under this title, the county fiscal body shall fix:

(1) compensation for the coroner as if the coroner is licensed to practice as a physician in Indiana; and

(2) compensation for the coroner as if the coroner is not licensed to practice as a physician in Indiana.

The compensation fixed under subdivision (1) must be one and one-half (1 1/2) times that fixed under subdivision (2). The county fiscal body shall then determine whether or not the coroner is a licensed physician and shall fix the coroner's compensation in the proper amount.

(b) This subsection applies only to an individual who is elected or reelected to the office of coroner in the 2022 general election. The county fiscal body shall fix the compensation of the coroner for calendar years 2023, 2024, 2025, and 2026 in accordance with this section.

(c) This subsection applies only to an individual who is elected or reelected to the office of coroner in the 2024 general election. The county fiscal body shall fix the compensation of the coroner for calendar years 2025 and thereafter in accordance with:

(1) IC 36-2-5-3 and IC 36-2-5-11, in a county not having a consolidated city; or

(2) IC 36-3-6-2, in a county having a consolidated city.

(d) This section expires January 1, 2027.

[Pre-Local Government Recodification Citation: 17-3-72-11 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.98; P.L.73-2023, SEC.3.
Ind. Code § 36-4-12-3 — Indiana Code / Title 36 / Article 4 / Chapter 12 / Section 36-4-12-3
Terms of employment and compensation
Status: in_force

Sec. 3. The city manager may be employed to serve at the pleasure of the executive who may submit to the city legislative body for approval under IC 36-4-7-3 the city manager's compensation and terms of employment.

As added by P.L.10-1997, SEC.32.
Ind. Code § 36-2-13-17 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-17
Maximum amount of compensation for sheriff
Status: in_force

Sec. 17. (a) This section applies to the following:

(1) A contract entered into under section 2.5 of this chapter with a sheriff who is elected or reelected to office after November 1, 2010.

(2) Any other form of annual compensation provided to a sheriff who is elected or reelected to office after November 1, 2010.

(b) The total amount of a sheriff's annual compensation from:

(1) the county general fund;

(2) any tax warrant collection fees retained by the sheriff under IC 6-8.1-8-3; and

(3) any other public source;

may not exceed the amount determined under subsection (c). For purposes of this subsection, "any other public source" does not include retirement or disability benefits from a federal, a state, or another state's local governmental retirement or disability program, whether the retirement or disability benefit is based on prior employment by the sheriff or another individual, nor does it include worker's compensation benefits paid to the sheriff.

(c) To determine the maximum amount of a sheriff's annual compensation, a county fiscal body shall determine the sum of the following:

(1) The annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.

(2) The amount of any additional annual salary paid by the county from county sources to a full-time prosecuting attorney in the county.

As added by P.L.40-2008, SEC.4.
Ind. Code § 36-1.5-5-3 — Indiana Code / Title 36 / Article 1.5 / Chapter 5 / Section 36-1.5-5-3
Transfer of functions of employee, department, or elected office
Status: in_force

Sec. 3. (a) The cooperative agreement may transfer the functions of an employee or a department of a political subdivision, including an elected office, to another employee or department of any political subdivision that has entered into the cooperative agreement.

(b) The functions of an elected office may be transferred only to another elected office.

(c) The cooperative agreement may provide for the abolishment of an elected office that is not required by the Constitution of the State of Indiana.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-1-6.8 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-6.8
"Homeowners association"
Status: in_force

Sec. 6.8. "Homeowners association" has the meaning set forth in IC 32-25.5-2-4.

As added by P.L.73-2026, SEC.16.
Ind. Code § 36-8-19-10 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-10
Disbandment of existing fire departments
Status: in_force

Sec. 10. This chapter does not require a municipality, township, or fire protection district to disband its fire department unless its legislative body consents by ordinance (in the case of a municipality) or resolution (in the case of a township or fire protection district) to do so.

As added by P.L.37-1994, SEC.3. Amended by P.L.47-2007, SEC.5; P.L.255-2017, SEC.49.
Ind. Code § 36-10-16-24 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-24
Annual financial audit
Status: in_force

Sec. 24. (a) The state board of accounts shall, pursuant to IC 5-11-1-7 and IC 5-11-1-24, allow the commission to contract with a certified public accountant for an annual financial audit of the commission. The certified public accountant may not have a significant financial interest in a project, facility, or service funded by or leased by or to the commission. The certified public accountant selected by the commission must be approved by the state examiner and is subject to the direction of the state examiner while performing an annual financial audit under this chapter.

(b) The certified public accountant shall present an audit report not later than four (4) months after the end of each calendar year and shall make recommendations to improve the efficiency of the commission's operations. The certified public accountant shall also perform a study and evaluation of internal accounting controls and shall express an opinion on the controls that were in effect during the audit period.

(c) The commission shall pay the cost of the annual financial audit under subsection (a). In addition, the state board of accounts may at any time conduct an audit of any phase of the operations of the commission. The commission shall pay the cost of any audit by the state board of accounts.

(d) The state board of accounts may waive the requirement that a certified public accountant perform an annual financial audit of the commission for a particular year if the commission certifies to the state board of accounts that the commission had no financial activity during that year.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7-11.3-32 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-32
Final written orders
Status: in_force

Sec. 32. (a) Not later than thirty (30) days after a vote by the commission finally determining a matter, the commission shall enter a written final order stating the following:

(1) The names of the members present and voting.

(2) Whether the vote cast by each member was negative or affirmative.

(3) The basic facts found by the members whose vote for or against the petitioner determined the matter.

(b) If a tie vote occurs, the petition is considered to be determined adversely to the petitioner, with the members casting a vote adversely to the petitioner considered to be the majority.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(b).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-2-8.7-5 — Indiana Code / Title 36 / Article 2 / Chapter 8.7 / Section 36-2-8.7-5
Adoption of resolution by county fiscal body
Status: in_force

Sec. 5. Upon receiving a resolution certified by the county executive under section 4 of this chapter, the county fiscal body may adopt a resolution to initiate the process of petitioning a court to remove a county officer from office under IC 5-8-1-35.

As added by P.L.169-2021, SEC.2.
Ind. Code § 36-7-2.5-25 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-25
Affidavit upon completion of plan review
Status: in_force

Sec. 25. Upon completing a plan review, a private provider shall prepare an affidavit certifying under oath that all of the following are true and correct to the best of the private provider's knowledge and belief and in accordance with the applicable professional standard of care:

(1) The plans were reviewed by the affiant who:

(A) is duly authorized to perform plan review under this chapter; and

(B) holds the:

(i) appropriate registration or certification; and

(ii) insurance coverage stipulated in this chapter.

(2) The plans comply with all applicable local requirements.

(3) The plans submitted for plan review:

(A) are in conformity with plans previously submitted to obtain governmental approvals required in the plan submittal process; and

(B) do not make a change to the project reviewed for the approvals.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-9-28.7-4 — Indiana Code / Title 36 / Article 9 / Chapter 28.7 / Section 36-9-28.7-4
"Storm water conveyance system"
Status: in_force

Sec. 4. As used in this chapter, "storm water conveyance system" means all methods, natural or manmade, used for conducting storm water to, through, or from a drainage area to any of the following:

(1) Conduits and appurtenant features.

(2) Canals.

(3) Channels.

(4) Ditches.

(5) Storage facilities.

(6) Swales.

(7) Streams.

(8) Culverts.

(9) Roadways.

(10) Pumping stations.

As added by P.L.125-2011, SEC.3.
Ind. Code § 36-7-12-32.1 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-32.1
Exemption from securities registration
Status: in_force

Sec. 32.1. Any security, including bonds issued in connection with a financing under this chapter, is exempt from the registration requirements of IC 23-19 and other securities registration statutes.

As added by P.L.25-1987, SEC.57. Amended by P.L.27-2007, SEC.33.
Ind. Code § 36-1-21-2 — Indiana Code / Title 36 / Article 1 / Chapter 21 / Section 36-1-21-2
"Elected official"
Status: in_force

Sec. 2. As used in this chapter, "elected official" means:

(1) the executive or a member of the executive body of the unit;

(2) a member of the legislative body of the unit; or

(3) a member of the fiscal body of the unit.

As added by P.L.135-2012, SEC.8.
Ind. Code § 36-8-19-8.6 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-8.6
Transfer of money from participating unit to fire protection territory fund or fire protection territory equipment replacement fund
Status: in_force

Sec. 8.6. (a) A participating unit may adopt an ordinance or a resolution to transfer any money belonging to the participating unit to:

(1) the fire protection territory fund established under section 8 of this chapter;

(2) the fire protection territory equipment replacement fund established under section 8.5 of this chapter; or

(3) both funds described in subdivisions (1) and (2).

(b) An ordinance or a resolution adopted under this section must state both of the following:

(1) The amount of money transferred to either fund.

(2) The source of the money.

(c) The transfer of money from a participating unit to a fire protection territory before July 1, 2008, is legalized.

As added by P.L.128-2008, SEC.8.
Ind. Code § 36-7-7.6-5 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-5
Members; expense reimbursement; vacancies
Status: in_force

Sec. 5. (a) All commission members must be elected officials.

(b) All persons appointed to the commission must be:

(1) knowledgeable in matters of physical, social, or economic development of the region; and

(2) residents of the municipality, county, or region that they represent.

(c) A member of the commission may also serve as a member of a plan commission in the region.

(d) Members of the commission shall serve without salary but may be reimbursed for expenses incurred in the performance of their duties.

(e) The respective appointing authorities shall certify their appointments, and the certification shall be retained as a part of the records of the commission.

(f) Each member serves at the pleasure of the appointing authority. The appointing authority shall give written notice to the commission of a change of an appointee and the effective date of that change.

(g) If a vacancy occurs by resignation or otherwise, the appointing authority shall promptly appoint a replacement member.

(h) If a member of the commission is absent for more than three (3) consecutive meetings of the full commission, the commission shall notify that member's appointing authority and request the appointing authority to do one (1) of the following:

(1) Replace the member.

(2) Take action to assure the member's conscientious attendance at meetings of the full commission.

As added by P.L.165-2003, SEC.6.
Ind. Code § 36-7-7.6-8 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-8
Rules; records
Status: in_force

Sec. 8. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations. The commission's record is a public record.

As added by P.L.165-2003, SEC.6.
Ind. Code § 36-1-11-4.2 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-4.2
Sale or transfer of real property not acquired through eminent domain to promote an economic development project or facilitate compatible land use planning
Status: in_force

Sec. 4.2. (a) This section applies to a disposing agent who wants to sell or transfer real property not acquired through eminent domain procedures for any of the following purposes:

(1) To promote an economic development project.

(2) To facilitate compatible land use planning.

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

(1) professionally engaged in making appraisals;

(2) licensed under IC 25-34.1; or

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

(c) Subject to subsection (d), the disposing agent may:

(1) negotiate a sale or transfer; and

(2) dispose of the real property;

at a value that is not less than the average of the two (2) appraisals under subsection (b).

(d) The disposing agent may dispose of the real property for a value that is not less than the average of the two (2) appraisals under subsection (b) only after publishing a notice in accordance with IC 5-3-1 stating the amount of the offer to be accepted. The disposing agent may reject all offers. If the disposing agent rejects all offers, the disposing agent must make a written determination to reject all offers explaining why all offers were rejected.

As added by P.L.165-1994, SEC.3. Amended by P.L.188-2011, SEC.2.
Ind. Code § 36-3-4-25 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-25
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]

As added by Acts 1980, P.L.212, SEC.2. Repealed by Acts 1980, P.L.73, SEC.23.
Ind. Code § 36-8-12-10.5 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-10.5
Employees of political subdivisions; volunteer firefighting or volunteer member activity
Status: in_force

Sec. 10.5. (a) This section does not apply to an employee of the state subject to IC 4-15-10-7.

(b) This section applies to an employee of a political subdivision 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.

(c) The political subdivision employer may not discipline an employee:

(1) for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment;

(2) for leaving the employee's duty station to respond to a fire or an emergency call if the employee has secured authorization from the employee's supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work; or

(3) for:

(A) an injury; or

(B) an absence from work because of an injury;

that occurs while the employee is engaged in emergency firefighting or other emergency response.

However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, subdivision (3) applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury.

(d) The political subdivision employer may require an employee who has been absent from employment as set forth in subsection (c) to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the volunteer emergency medical services association, at the time of the absence or injury indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence or injury.

(e) The political subdivision employer may require an employee who is injured or absent from work as described in subsection (c)(3) to provide evidence from a physician or other medical authority showing:

(1) treatment for the injury at the time of the absence; and

(2) a connection between the injury and the employee's emergency firefighting or other emergency response activities.

(f) To the extent required by federal or state law, information obtained under subsection (e) by a political subdivision employer must be:

(1) retained in a separate medical file created for the employee; and

(2) treated as a confidential medical record.

(g) An employee who is disciplined by the employer in violation of subsection (c) may bring a civil action against the employer in the county of employment. In the action, the employee may seek the following:

(1) Payment of back wages.

(2) Reinstatement to the employee's former position.

(3) Fringe benefits wrongly denied or withdrawn.

(4) Seniority rights wrongly denied or withdrawn.

An action brought under this subsection must be filed within one (1) year after the date of the disciplinary action.

(h) A public servant who permits or authorizes an employee of a political subdivision under the supervision of the public servant to be absent from employment as set forth in subsection (c) is not considered to have committed a violation of IC 35-44.1-1-3(b).

As added by P.L.49-2004, SEC.1. Amended by P.L.43-2005, SEC.3; P.L.63-2009, SEC.2; P.L.126-2012, SEC.64.
Ind. Code § 36-9-27-48 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-48
Construction or reconstruction of drains; relocation of public utility equipment; procedure
Status: in_force

Sec. 48. (a) Whenever, in the construction or reconstruction of a regulated drain, the county surveyor determines that:

(1) the proposed drain will cross a pipeline, cable, or similar equipment of a public utility; and

(2) the equipment will interfere with the proper operation of the drain;

the county surveyor shall include in the county surveyor's plans the relocation requirements of the equipment. The county surveyor shall, by registered mail or certified mail, send a copy of the requirements to the public utility owning the equipment.

(b) If requested by the public utility, the county surveyor shall meet with the public utility at a time and place to be fixed by the county surveyor and hear objections to the requirements. After the hearing, the county surveyor may change the requirements as justice may require.

(c) If the board finds that the relocation of a pipeline, cable, or similar equipment owned by a public utility is necessary in the construction or reconstruction of a regulated drain, the cost of relocation shall be paid by the public utility.

[Pre-Local Government Recodification Citation: 19-4-6-3 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.339; P.L.174-2022, SEC.77.
Ind. Code § 36-7-32-23 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-23
Certified technology park fund; deposit of funds; uses; transfers to third party operator or manager
Status: in_force

Sec. 23. (a) Each redevelopment commission that establishes a certified technology park under this chapter shall establish a certified technology park fund to receive:

(1) property tax proceeds allocated under section 17 of this chapter; and

(2) money distributed to the redevelopment commission under section 22 of this chapter.

(b) Money deposited in the certified technology park fund may be used by the redevelopment commission only for one (1) or more of the following purposes:

(1) Acquisition, improvement, preparation, demolition, disposal, construction, reconstruction, remediation, rehabilitation, restoration, preservation, maintenance, repair, furnishing, and equipping of public facilities.

(2) Operation of public facilities described in section 9(2) of this chapter.

(3) Payment of the principal of and interest on any obligations that are payable solely or in part from money deposited in the fund and that are incurred by the redevelopment commission for the purpose of financing or refinancing the development of public facilities in the certified technology park.

(4) Establishment, augmentation, or restoration of the debt service reserve for obligations described in subdivision (3).

(5) Payment of the principal of and interest on bonds issued by the unit to pay for public facilities in or serving the certified technology park.

(6) Payment of premiums on the redemption before maturity of bonds described in subdivision (3).

(7) Payment of amounts due under leases payable from money deposited in the fund.

(8) Reimbursement to the unit for expenditures made by it for public facilities in or serving the certified technology park.

(9) Payment of expenses incurred by the redevelopment commission for public facilities that are in the certified technology park or serving the certified technology park.

(10) For any purpose authorized by an agreement between redevelopment commissions entered into under section 26 of this chapter.

(c) The certified technology park fund may not be used for operating expenses of the redevelopment commission.

(d) If a redevelopment commission has designated a third party manager or operator of the certified technology park, the redevelopment commission shall transfer the appropriate amount from the certified technology park fund to the manager or operator within thirty (30) days of receiving a distribution under section 22 of this chapter.

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.203-2005, SEC.13; P.L.1-2006, SEC.571; P.L.158-2019, SEC.34.
Ind. Code § 36-12-11-4 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-4
"Practitioner"
Status: in_force

Sec. 4. As used in this chapter, "practitioner" means an individual certified under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.3.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-12-28 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-28
Trust indentures securing bonds
Status: in_force

Sec. 28. (a) The fiscal body of a unit issuing bonds under this chapter may secure them by a trust indenture between the unit and a corporate trustee. The corporate trustee may be any trust company, national bank, or state bank that is in Indiana and has trust powers.

(b) A trust indenture under this section may:

(1) mortgage the land, any interest in land, or the facilities on account of which the bonds are issued;

(2) pledge all or part of the payments to be received by the unit;

(3) set forth the rights and remedies of the trustee and the holders of the bonds, including provisions restricting the individual right of action of the holders;

(4) contain provisions considered reasonable for protecting and enforcing the rights and remedies of the holders or lenders, including covenants setting forth duties of the unit and the economic development commission regarding:

(A) the construction of the facilities; and

(B) the custody, safeguarding, application, and investment of revenues received or to be received by the unit on account of the facilities financed by the issuance of the bonds;

(5) contain provisions regarding the investment of money, the sale, exchange, or disposal of property, and the manner of authorizing and making payments, notwithstanding any general statute relating to these matters; and

(6) provide for the establishment of reserve funds from the proceeds of the bonds or from other sources to secure the prompt payment of the principal and interest on them.

[Pre-Local Government Recodification Citation: 18-6-4.5-22.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.8; P.L.25-1987, SEC.54.
Ind. Code § 36-6-6-11 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-11
Meeting; adoption of annual budget; estimates; appropriation; taxation
Status: in_force

Sec. 11. (a) The legislative body shall meet annually in accordance with IC 6-1.1-17, to adopt the township's annual budget. The legislative body must meet and adopt the annual budget even if the legislative body intends for the most recent annual appropriations and annual tax levy of the township to be continued for the ensuing budget year.

(b) The legislative body shall consider the estimates of expenditures made by the executive under IC 36-6-4-11, and may approve or reject all or part of any estimate or any item within an estimate. The legislative body may require the executive to further itemize an estimate not sufficiently itemized.

(c) The legislative body may not appropriate for any purpose an amount more than the executive's estimate of the amount required for that purpose.

(d) The legislative body shall include in the budget:

(1) provisions for the payment of existing debt of the township as it becomes due; and

(2) the amount of compensation under section 10 of this chapter.

(e) In making levies for the township general fund, the legislative body may include an amount not more than the amount necessary to compensate its members for their services during the year for which the levies are made.

(f) After the legislative body has taken action on the executive's estimates, it shall levy taxes for the township funds on property in the township and fix rates of taxation sufficient to provide that revenue during the next year.

(g) A township executive must file the budget adopted by the legislative body with the department of local government finance as required under IC 6-1.1-17-5(d). A township executive that fails to timely file the budget may be removed from office by an action under IC 5-8-1-35 that is initiated under IC 36-6-4.5.

(h) On the assessment date, as defined by IC 6-1.1-1-2, the rates of taxation adopted under this section become a levy and a lien on all taxable property in the township, including property in municipalities in the township. The levy constitutes an appropriation for the specific items in the executive's estimates.

[Pre-Local Government Recodification Citations: 6-1.1-17-5 part; 17-4-28-1 part; 17-4-28-2; 17-4-28-3 part; 17-4-29-2 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.209-2019, SEC.17; P.L.24-2022, SEC.7.
Ind. Code § 36-10-4-23 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-23
Improvement of parkway, pleasure driveway, or boulevard; orders; assessment of costs; remonstrance; changing and fixing grade
Status: in_force

Sec. 23. (a) The board may, in a proceeding separate from the acquisition of land by purchase or appropriation, order the improvement of a parkway, pleasure driveway, or boulevard, or part of any of these, under the control of the board by surface grading, paving, curbing, or constructing sidewalks in the same manner as the works board of the city may improve a public way or sidewalk within the city. The powers, rights, and duties of the board in carrying out this work are the same as the powers, rights, and duties of the works board in the performance of similar work under general procedures. In addition, the board may determine the kind of pavement to be used. The powers, rights, and duties of the persons to be assessed are the same as those provided under general procedures for doing similar work by the works board, with the cost of improvements assessed to the same extent as property is assessed.

(b) When costs are assessed, they become a lien upon the property to the same extent, are enforceable in the same manner, and have the same rights to payment by installments and appeal as are provided for street and sidewalk improvements ordered by the works board.

(c) If a majority of the resident freeholders affected by the proposed improvement remonstrate in writing against the improvement, the board may, after giving ten (10) days' notice to the remonstrators, petition the circuit court, superior court, or probate court to specifically order the improvement. If at the hearing on the petition the board establishes the public necessity of the proposed improvement and demonstrates that the benefits will equal the assessments against the separate lots or parcels of land, the order shall be made.

(d) If land along one (1) side of a parkway, pleasure driveway, or boulevard is owned by the city or used by it for park purposes, one-half (1/2) of the cost of the improvements under this section, as well as any part of the other one-half (1/2) of the cost of the improvements that cannot be met by special assessments against abutting property, is considered to be benefits accruing to all of the property, real and personal, not exempt from taxation under this chapter and located within the boundaries of the district. The cost shall be paid out of the proceeds of the bonds of the taxing district that are issued and sold for those purposes. Payment shall be made as provided in sections 35 and 37 of this chapter.

(e) The board may provide for the rough grading of a parkway, pleasure driveway, or boulevard at the same time as the acquisition of the property or after the property, or a necessary part of it, has already been secured under section 21 of this chapter.

(f) The board may change and fix the grade of a boulevard, park boulevard, public driveway, or public ground under its control to the same extent as the works board of the city may change and fix the grade of a public way or public place within the city.

[Pre-Local Government Recodification Citation: 19-7-30-17.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.84-2016, SEC.196.
Ind. Code § 36-9-28-4 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-4
Notice of hearing; answer; judgment
Status: in_force

Sec. 4. (a) After the record is filed under section 3 of this chapter, the clerk of the circuit court shall give notice to all persons who are mentioned in the record or who will be affected by the proposed project. The notice must:

(1) be published in accordance with IC 5-3-1;

(2) name a date on which the court will hold a hearing on the proposed project; and

(3) describe the boundaries of the area affected by the proposed project.

(b) At the hearing, which may be adjourned from time to time, persons who own property in the area affected by the proposed project may file an answer showing why the works board should not proceed with the project. The court shall hear the evidence and determine whether the works board should proceed.

(c) If the court finds that the works board should proceed with the project substantially as described in the record, it shall enter judgment accordingly. Otherwise, the court shall dismiss the proceedings.

(d) The court's judgment under this section may not be appealed.

[Pre-Local Government Recodification Citations: 19-4-20-4; 19-4-20-5.]

As added by Acts 1981, P.L.309, SEC.104. Amended by Acts 1981, P.L.45, SEC.85.
Ind. Code § 36-7-38-7.5 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-7.5
Boards of land banks of third class cities
Status: in_force

Sec. 7.5. (a) This section applies to the board of a land bank established by a third class city.

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

(1) Three (3) directors appointed by the executive of the third class city. A director appointed under this subdivision must be a resident of the third class city.

(2) Three (3) directors appointed by the legislative body of the third class city. A director appointed under this subdivision must be a resident of the third class city.

(3) A director appointed by the county treasurer of the county in which the third class city is located, or the county treasurer of the county in which most residents of the third class city reside, if the third class city is located in more than one (1) county. A director appointed under this subdivision must be a resident of the third class city.

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

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

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

(2) a number of additional years equal to:

(A) one (1) calendar year, for directors appointed under subsection (b)(1);

(B) two (2) calendar years, for directors appointed under subsection (b)(2); and

(C) three (3) calendar years, for directors appointed under subsection (b)(3) or (b)(4).

As added by P.L.110-2017, SEC.6.
Ind. Code § 36-3-4-15 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-15
Ordinance or resolution; passage and presentation
Status: in_force

Sec. 15. After an ordinance or resolution subject to veto has been passed by the city-county legislative body and signed by the presiding officer, the clerk shall present it to the executive, noting on it the time of both the passage and the presentation.

[Pre-Local Government Recodification Citation: 18-4-5-2(d) part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-8-16.7-21 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-21
"Standard user" or "user"
Status: in_force

Sec. 21. As used in this chapter, "standard user" or "user" refers to:

(1) a communications service user who pays retrospectively for the service and has an Indiana billing address for the service; and

(2) in the case of a nonmobile communications service user, an exchange access facility used in Indiana.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-11-3-14 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-14
Petition to county legislative body objecting to establishment of district; hearing; notice of action on objection
Status: in_force

Sec. 14. (a) If the governing body adopts an ordinance under section 10 of this chapter to establish a district, a person who filed a written objection under section 8 of this chapter against the establishment of the district may file an objecting petition in the office of the county auditor. The petition must be filed not more than thirty (30) days after the date the notice of the adoption of the ordinance is mailed to the person under section 8 of this chapter. The petition must state the person's objections and the reasons why the person believes the establishment of the district is unnecessary or unwise.

(b) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the county legislative body. Upon receipt of the certified petition and other data, the county legislative body shall fix a time and place for the hearing of the matter. The hearing shall be held not less than five (5) days and not more than thirty (30) days after the receipt of the certified documents.

(c) The hearing shall be held in the county where the petition arose.

(d) The county legislative body shall give notice of the hearing to the petitioner and the governing body by mail at least five (5) days before the date of the hearing. After the hearing, the county legislative body shall approve or deny the establishment of the district. The decision by the county legislative body:

(1) is final with respect to the establishment of the district against which the objecting petition was filed; and

(2) does not limit the authority of the governing body to initiate new proceedings to establish a district.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-7-4-409 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-409
Powers; grants-in-aid
Status: in_force

Sec. 409. Each plan commission may, within its approved budget, negotiate for grants-in-aid and agree to terms and conditions attached to them. This section is specific authority to enter into grants-in-aid agreements under 40 U.S.C. section 461. Under the same limitations, the commission may enter into grants-in-aid agreements under that act as amended and any other act relating to planning and zoning.

[Pre-Local Government Recodification Citations: 18-7-4-409; 18-7-4-32.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.24.
Ind. Code § 36-8-23-2 — Indiana Code / Title 36 / Article 8 / Chapter 23 / Section 36-8-23-2
"Community fast responder nonprofit corporation"
Status: in_force

Sec. 2. As used in this chapter, "community fast responder nonprofit corporation" means a nonprofit corporation that organizes or directs community fast responders. The term, for purposes of this chapter, does not include a hospital or an entity operated or directed by a hospital.

As added by P.L.70-2012, SEC.2.
Ind. Code § 36-7-30.5-6.5 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-6.5
"Task force"
Status: in_force

Sec. 6.5. As used in this chapter, "task force" refers to the Indiana defense task force established by IC 4-3-21.5-3.

As added by P.L.228-2019, SEC.6.
Ind. Code § 36-9-16-6 — Indiana Code / Title 36 / Article 9 / Chapter 16 / Section 36-9-16-6
Cumulative capital improvement fund; tax levy; additions to fund; appropriations
Status: in_force

Sec. 6. (a) The unit's fiscal body may levy a tax not to exceed thirty-three cents ($0.33) on each one hundred dollars ($100) of taxable property within the taxing district to provide for a cumulative capital improvement fund. The tax may be levied annually for any period not to exceed ten (10) years and may be decreased or increased from year to year, except that the tax may not be increased above the levy approved by the department of local government finance.

(b) Surplus money in other accounts of the unit, or other sources, and money acquired from other activities of the unit, or other sources, may, by resolution of the legislative body and with the approval of the department of local government finance, be added to the cumulative capital improvement fund.

(c) Appropriations may be made:

(1) as provided by law from the cumulative capital improvement fund for purposes of this chapter; or

(2) for a contribution to an authority established under IC 36-7-23.

[Pre-Local Government Recodification Citations: 18-6-2-3 part; 18-6-2-4; 18-6-2-5 part.]

As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988, SEC.9; P.L.346-1989(ss), SEC.10; P.L.6-1997, SEC.221; P.L.90-2002, SEC.513.
Ind. Code § 36-8-6-14 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-14
Priority of claims on insufficient funds; procedure for making pension payments; exemption of payments from judicial process; reimbursement of employers; withholding payments
Status: in_force

Sec. 14. (a) If there is not sufficient money to the credit of the 1925 fund to pay all claims against it in full, claims arising from the death of members of the department shall be paid in full first with as little delay as possible, after which an equal percentage shall be paid upon all other claims to the full extent of the money on hand, until the fund is replenished.

(b) All pensions shall be paid by the treasurer of the local board at the treasurer's office at the same time and in the same installments as the members of the police department are paid.

(c) All pensions payable out of the 1925 fund are exempt from seizure or levy upon attachment, execution, supplemental process, and all other process, whether mesne or final. Except as provided in section 21 of this chapter, pensions are not subject to sale, assignment, or transfer by a beneficiary.

(d) However, the member's contributions or benefits, or both, may be transferred to reimburse the member's employer for loss resulting from the member's criminal taking of the employer's property by the treasurer of the local board if the treasurer receives adequate proof of the loss. The loss resulting from the member's criminal taking of the employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.

(e) The treasurer of the local board may withhold payment of the member's contributions and interest if the employer of the member notifies the treasurer that felony or misdemeanor charges accusing the member of the criminal taking of the employer's property have been filed.

(f) The treasurer of the local board may withhold payment of a person's contributions and interest under subsection (e) until the final resolution of the criminal charges.

(g) Subsections (e) and (f) do not apply to the:

(1) pension benefit of a retired member; or

(2) disability benefit of a member who becomes disabled.

[Pre-Local Government Recodification Citation: 19-1-24-4 part.]

As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.10-1993, SEC.14; P.L.127-2017, SEC.245; P.L.203-2019, SEC.7.