Ind. Code § 36-7-13-12 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-12
Designation of district; resolution; findings; duration; notice requirements; information to taxing units; budget agency proceedings
Status: in_force

Sec. 12. (a) If a municipal or county executive has submitted an application to an advisory commission on industrial development requesting that an area be designated as a district under this chapter and the advisory commission has compiled and prepared the information required under section 11 of this chapter concerning the area, the advisory commission may adopt a resolution designating the area as a district if it makes the findings described in subsection (b), (c), (d), or (e). In a county described in subsection (c), an advisory commission may designate more than one (1) district under subsection (c).

(b) For an area located in a county having a population of more than one hundred thirty-nine thousand (139,000) and less than one hundred sixty thousand (160,000), an advisory commission may adopt a resolution designating a particular area as a district only after finding all of the following:

(1) The area contains a building or buildings:

(A) with at least one million (1,000,000) square feet of usable interior floor space; and

(B) that is or are vacant or will become vacant due to the relocation of an employer.

(2) At least one thousand (1,000) fewer persons are employed in the area than were employed in the area during the year that is ten (10) years previous to the current year.

(3) There are significant obstacles to redevelopment of the area due to any of the following problems:

(A) Obsolete or inefficient buildings.

(B) Aging infrastructure or inefficient utility services.

(C) Utility relocation requirements.

(D) Transportation or access problems.

(E) Topographical obstacles to redevelopment.

(F) Environmental contamination.

(4) The unit has expended, appropriated, pooled, set aside, or pledged at least one hundred thousand dollars ($100,000) for purposes of addressing the redevelopment obstacles described in subdivision (3).

(5) The area is located in a county having a population of more than one hundred thirty-nine thousand (139,000) and less than one hundred sixty thousand (160,000).

(c) For a county having a population of more than one hundred ten thousand (110,000) and less than one hundred twelve thousand (112,000), an advisory commission may adopt a resolution designating not more than three (3) areas as districts. An advisory commission may designate an area as a district only after finding the following:

(1) The area meets at least one (1) of the following conditions:

(A) The area meets the following conditions:

(i) The area contains a building with at least seven hundred ninety thousand (790,000) square feet.

(ii) At least eight hundred (800) fewer people are employed in the area than were employed in the area during the year that is fifteen (15) years previous to the current year.

(iii) The area is located in or is adjacent to an industrial park.

(B) The area meets the following conditions:

(i) The area contains a building with at least three hundred eighty-six thousand (386,000) square feet.

(ii) At least four hundred (400) fewer people are employed in the area than were employed in the area during the year that is fifteen (15) years previous to the current year.

(iii) The area is located in or is adjacent to an industrial park.

(C) The area meets the following conditions:

(i) The area contains a building with at least one million (1,000,000) square feet.

(ii) At least seven hundred (700) fewer people are employed in the area than were employed in the area on January 1, 2008.

(2) There are significant obstacles to redevelopment of the area due to any of the following problems:

(A) Obsolete or inefficient buildings.

(B) Aging infrastructure or inefficient utility services.

(C) Utility relocation requirements.

(D) Transportation or access problems.

(E) Topographical obstacles to redevelopment.

(F) Environmental contamination.

(3) The area is located in a county having a population of more than one hundred ten thousand (110,000) and less than one hundred twelve thousand (112,000).

(d) For an area located in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000), an advisory commission may adopt a resolution designating a particular area as a district only after finding all of the following:

(1) The area contains a building or buildings:

(A) with at least one million five hundred thousand (1,500,000) square feet of usable interior floor space; and

(B) that is or are vacant or will become vacant.

(2) At least eighteen thousand (18,000) fewer persons are employed in the area at the time of application than were employed in the area before the time of application.

(3) There are significant obstacles to redevelopment of the area due to any of the following problems:

(A) Obsolete or inefficient buildings.

(B) Aging infrastructure or inefficient utility services.

(C) Utility relocation requirements.

(D) Transportation or access problems.

(E) Topographical obstacles to redevelopment.

(F) Environmental contamination.

(4) The unit has expended, appropriated, pooled, set aside, or pledged at least one hundred thousand dollars ($100,000) for purposes of addressing the redevelopment obstacles described in subdivision (3).

(5) The area is located in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(e) For an area located in a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000), an advisory commission may adopt a resolution designating a particular area as a district only after finding all of the following:

(1) The area contains a building or buildings:

(A) with at least eight hundred thousand (800,000) gross square feet; and

(B) having leasable floor space, at least fifty percent (50%) of which is or will become vacant.

(2) There are significant obstacles to redevelopment of the area due to any of the following problems:

(A) Obsolete or inefficient buildings as evidenced by a decline of at least seventy-five percent (75%) in their assessed valuation during the preceding ten (10) years.

(B) Transportation or access problems.

(C) Environmental contamination.

(3) At least four hundred (400) fewer persons are employed in the area than were employed in the area during the year that is fifteen (15) years previous to the current year.

(4) The area has been designated as an economic development target area under IC 6-1.1-12.1-7.

(5) The unit has appropriated, pooled, set aside, or pledged at least two hundred fifty thousand dollars ($250,000) for purposes of addressing the redevelopment obstacles described in subdivision (2).

(6) The area is located in a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).

(f) The advisory commission, or the county or municipal legislative body, in the case of a district designated under section 10.5 of this chapter, shall designate the duration of the district. However, a district must terminate not later than fifteen (15) years after the income tax incremental amount or gross retail incremental amount is first allocated to the district.

(g) Upon adoption of a resolution designating a district, the advisory commission shall:

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

(2) file the following information with each taxing unit in the county where the district is located:

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

(B) A statement disclosing the impact of the district, including the following:

(i) The estimated economic benefits and costs incurred by the district, as measured by increased employment and anticipated growth of property assessed values.

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

The notice must state the general boundaries of the district.

(h) Upon completion of the actions required by subsection (g), the advisory commission shall submit the resolution to the budget committee for review and recommendation to the budget agency. If the budget agency fails to take action on a resolution designating a district within one hundred twenty (120) days after the date that the resolution is submitted to the budget committee, the designation of the district by the resolution is considered approved.

(i) When considering a resolution, the budget committee and the budget agency must make the following findings:

(1) The area to be designated as a district meets the conditions necessary for designation as a district.

(2) The designation of the district will benefit the people of Indiana by protecting or increasing state and local tax bases and tax revenues for at least the duration of the district.

(j) The income tax incremental amount and the gross retail incremental amount may not be allocated to the district until the resolution is approved under this section.

As added by P.L.125-1998, SEC.16. Amended by P.L.1-1999, SEC.81; P.L.138-1999, SEC.5; P.L.174-2001, SEC.8; P.L.170-2002, SEC.159; P.L.224-2003, SEC.238; P.L.81-2004, SEC.34 and P.L.90-2004, SEC.7; P.L.199-2005, SEC.32; P.L.113-2010, SEC.131; P.L.119-2012, SEC.205; P.L.104-2022, SEC.186.
Ind. Code § 36-7-7.6-17 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-17
Surveys or studies by county or municipal employees
Status: in_force

Sec. 17. A county or municipality may periodically, upon the request of the commission, assign or detail to the commission any employees of the county or municipality to make special surveys or studies requested by the commission.

As added by P.L.165-2003, SEC.6.
Ind. Code § 36-1-3.5-7 — Indiana Code / Title 36 / Article 1 / Chapter 3.5 / Section 36-1-3.5-7
Transfer to legislative body of St. Joseph County
Status: in_force

Sec. 7. (a) This section applies to St. Joseph County.

(b) The legislative body of the county has jurisdiction over the county data processing agency (formerly governed by IC 17-2-74).

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.146; P.L.119-2012, SEC.173; P.L.24-2023, SEC.2.
Ind. Code § 36-9-11-22 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-22
Bond revenues and revenues pledged to pay bonds considered trust funds
Status: in_force

Sec. 22. The money provided by the issuance of revenue bonds under this chapter, the revenues of parking facilities, and all other revenues pledged to the payment of the interest on and principal of the revenue bonds are considered trust funds, and shall be held and applied only as provided in this chapter or in the ordinance authorizing the issuance of revenue bonds. This money shall be deposited in depositories selected by the municipality in the manner provided by IC 5-13-6, but may be invested in the manner provided by IC 5-13-9.

[Pre-Local Government Recodification Citation: 19-5-11-10 part.]

As added by Acts 1981, P.L.309, SEC.84. Amended by P.L.19-1987, SEC.54.
Ind. Code § 36-7-32-26 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-26
Written agreement for joint economic development projects
Status: in_force

Sec. 26. (a) Two (2) or more redevelopment commissions may enter into a written agreement under this section to jointly undertake economic development projects in the certified technology parks established by the redevelopment commissions that are parties to the agreement.

(b) A party to an agreement under this section may do one (1) or more of the following:

(1) Except as provided in subsection (c), grant one (1) or more of its powers to another party to the agreement.

(2) Exercise any power granted to it by a party to the agreement.

(3) Pledge any of its revenues, including taxes or allocated taxes under section 17 of this chapter, to the bonds or lease rental obligations of another party to the agreement under IC 5-1-14-4.

(4) Agree to allocate a part of the maximum amount that may be deposited in the party's incremental tax financing fund to one (1) or more other parties to the agreement.

(c) A redevelopment commission may not grant to another redevelopment commission the power to tax or to establish an allocation area under this chapter.

(d) An action to challenge the validity of an agreement under this section must be brought not more than thirty (30) days after the agreement has been approved by all the parties to the agreement. After that period has passed, the agreement is not contestable for any cause.

As added by P.L.203-2005, SEC.14. Amended by P.L.249-2015, SEC.33.
Ind. Code § 36-9-4-47 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-47
Tax anticipation warrants
Status: in_force

Sec. 47. (a) The board of directors of a public transportation corporation may:

(1) borrow money in anticipation of receipt of the proceeds of taxes that have been levied by the board and have not yet been collected; and

(2) evidence this borrowing by issuing warrants of the corporation.

The money that is borrowed may be used by the corporation for payment of principal and interest on its bonds or for payment of current operating expenses.

(b) The warrants:

(1) bear the date or dates;

(2) mature at the time or times on or before December 31 following the year in which the taxes in anticipation of which the warrants are issued are due and payable;

(3) bear interest at the rate or rates and are payable at the time or times;

(4) may be in the denominations;

(5) may be in the forms, either registered or payable to bearer;

(6) are payable at the place or places, either inside or outside Indiana;

(7) are payable in the medium of payment;

(8) are subject to redemption upon the terms, including a price not exceeding par and accrued interest; and

(9) may be executed by the officers of the corporation in the manner;

provided by resolution of the board of directors. The resolution may also authorize the board to pay from the proceeds of the warrants all costs incurred in connection with the issuance of the warrants.

(c) The warrants may be authorized and issued at any time after the board of directors levies the tax or taxes in anticipation of which the warrants are issued.

(d) The warrants may be sold for not less than par value after notice inviting bids has been published in accordance with IC 5-3-1. The board of directors may also publish the notice inviting bids in other newspapers or financial journals.

(e) After the warrants are sold, they may be delivered and paid for at one (1) time or in installments.

(f) The aggregate principal amount of warrants issued in anticipation of and payable from the same tax levy or levies may not exceed eighty percent (80%) of the levy or levies, as the amount of the levy or levies is certified by the department of local government finance, or as is determined by multiplying the rate of tax as finally approved by the total assessed valuation of taxable property within the taxing district of the public transportation corporation as most recently certified by the county auditor.

(g) For purposes of this section, taxes for any year are considered to be levied when the board of directors adopts the ordinance prescribing the tax levies for the year. However, warrants may not be delivered and paid for before final approval of a tax levy or levies by the department of local government finance unless the issuance of the warrants has been approved by the department of local government finance.

(h) The warrants and the interest on them are not subject to sections 43 and 44 of this chapter and are payable solely from the proceeds of the tax levy or levies in anticipation of which the warrants were issued. The authorizing resolution must pledge a sufficient amount of the proceeds of the tax levy or levies to the payment of the warrants and the interest.

(i) All actions of the board of directors under this section may be taken by resolution, which need not be published or posted. The resolution takes effect immediately upon its adoption by a majority of the members of the board of directors.

(j) An action to contest the validity of any tax anticipation warrants may not be brought later than ten (10) days after the sale date.

[Pre-Local Government Recodification Citation: 19-5-2-28.1.]

As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1981, P.L.187, SEC.2; P.L.90-2002, SEC.506; P.L.224-2007, SEC.133; P.L.146-2008, SEC.788; P.L.257-2019, SEC.158.
Ind. Code § 36-9-37-26 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-26
Disposition of property acquired by foreclosure or conveyance; procedure
Status: in_force

Sec. 26. (a) If a municipality acquires an undivided interest in real property by foreclosure of a special assessment or by a voluntary conveyance under section 25(a) of this chapter, the municipality may dispose of the municipality's interest in the manner prescribed by this section.

(b) The municipality must have the municipality's interest in the property appraised by two (2) disinterested appraisers residing in the municipality. After appraisal, the city executive or town legislative body may sell the property interest for not less than the full appraised value of the property interest. Before selling the property interest, the city executive or the town legislative body must first provide notice of the proposed sale by publication in accordance with IC 5-3-1.

(c) This subsection applies if the municipality sells the property by acceptance of bids. A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify all of the following:

(1) Each beneficiary of the trust.

(2) Each settlor empowered to revoke or modify the trust.

(d) A conveyance under this section must be executed by the municipal executive and attested by the municipal clerk.

(e) The municipality shall return all money received from sales under this section to the fund for the use and benefit of which the property interest is held. Any money in excess of the amount necessary to provide full compensation to the fund for the obligations of the person liable for the assessment shall be returned to that person.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-7.5-3-5 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-5
Grant program for extending the Chicago, South Shore, and South Bend Railway
Status: in_force

Sec. 5. (a) There is established a grant program to provide state matching grants for construction projects extending the Chicago, South Shore, and South Bend Railway.

(b) To participate in the grant program, the development authority must prepare an update to the comprehensive strategic development plan prepared under section 4 of this chapter. The update must include detailed information concerning the following:

(1) The proposed projects to be undertaken by the development authority to extend the Chicago, South Shore, and South Bend Railway using grants made under this section.

(2) The commitments being made by the development authority and political subdivisions in exchange for receiving grants under this section.

(3) The following information for each project included under subdivision (1):

(A) The location of each project.

(B) A timeline and budget, including milestones that the development authority commits to achieving by the time specified.

(C) The expected return on investment.

(D) Any projected or expected federal and local matching funds.

(c) To receive a matching grant under this section, the development authority must adopt an authorizing resolution and submit the updated plan along with a grant application to the Indiana finance authority for approval, after review by the budget committee.

(d) A grant may not be approved under this section unless the Indiana finance authority finds that the development authority can demonstrate an annual return on investment that, within twenty (20) years after the first grant is made for the projects, is at least twice the annualized amount of the grant requested. The return on investment must be measured by the annual amount of incremental state fiscal year increases to state gross retail and use taxes and state income taxes that are projected to be collected as a direct result of the projects, as determined by the Indiana finance authority. Projections to determine the return on investment must be provided in detail by the development authority and shall be evaluated by the office of management and budget.

(e) If projects that will be financed are approved under this section, the Indiana finance authority may, after review by the budget committee, approve a grant, comprised of a series of annual grants that is consistent with the financing requirements for the approved projects. If the Indiana finance authority approves and makes a grant under this section, the general assembly covenants that it will not:

(1) repeal or amend this section in a manner that would adversely affect owners of outstanding bonds, or payment of any lease rentals, secured by grants made under this section; or

(2) in any way impair the rights of owners of bonds of the development authority, or the owners of bonds secured by lease rentals, secured by grants made under this section.

The budget agency shall allot the appropriation for the duration of the grants that are needed to complete the approved projects.

(f) If the Indiana finance authority approves and makes a grant under this section, the development authority shall in July of each year through 2045 submit an annual progress report to the Indiana finance authority.

(g) The following must be deposited each year in the northwest Indiana regional development authority commuter rail construction fund established by section 6 of this chapter:

(1) Money that is granted to the development authority by the state under this section during the year.

(2) Money that is committed by the development authority under this section for the year.

(3) Money that is committed by a political subdivision to economic development purposes under IC 6-3.6-6.

(4) In the case of a political subdivision in Porter County, the money that is committed by the political subdivision to economic development purposes under IC 6-3.6-6 from the local income tax shall be paid from tax revenue that is in excess of the first three million five hundred thousand dollars ($3,500,000) that is required to be transferred under IC 6-3.6-11-6(d)(2). Any remaining tax revenue that:

(A) is in excess of the first three million five hundred thousand dollars ($3,500,000) each year that is required to be transferred under IC 6-3.6-11-6(d)(2); and

(B) is not committed by a political subdivision under this subdivision;

shall be used as required by IC 6-3.6-11-6(d)(3).

As added by P.L.213-2015, SEC.265. Amended by P.L.197-2016, SEC.140; P.L.108-2019, SEC.246.
Ind. Code § 36-7-24-3 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-3
"Facility"
Status: in_force

Sec. 3. As used in this chapter, "facility" refers to the following:

(1) A secure facility for juveniles (as defined in IC 31-9-2.1-223).

(2) A shelter care facility for juveniles (as defined in IC 31-9-2.1-227).

As added by P.L.223-1991, SEC.1. Amended by P.L.1-1997, SEC.155; P.L.1-2009, SEC.167; P.L.145-2026, SEC.249.
Ind. Code § 36-1-11-7 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-7
Exchange of property with persons other than governmental entity; procedure
Status: in_force

Sec. 7. (a) A disposing agent who exchanges property must proceed under this section, except as permitted by section 8 or 18 of this chapter.

(b) An exchange may be made with a person who is:

(1) not a governmental entity; and

(2) eligible under section 16 of this chapter;

only after advertisement following as nearly as practical the procedure prescribed by section 4 of this chapter, with the property the disposing agent conveys to be partial or full payment for the property the disposing agent receives.

[Pre-Local Government Recodification Citations: 18-4-5-6 part; 19-6-2-38 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.60-1988, SEC.29; P.L.257-2013, SEC.42.
Ind. Code § 36-7-15.1-52 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-52
Real property owned by a redevelopment district is exempt; receipts exempt from taxation
Status: in_force

Sec. 52. (a) Real property acquired by the redevelopment district is exempt from taxation while owned by the district.

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

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

As added by P.L.102-1999, SEC.19. Amended by P.L.192-2002(ss), SEC.183; P.L.245-2015, SEC.28.
Ind. Code § 36-10-10-27 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-27
Construction of addition to convention center by city; law applicable; financing
Status: in_force

Sec. 27. The city may construct an addition to the convention center leased by it under this chapter. The construction of an addition is subject to all statutes generally applicable to the construction of an addition to a city building owned by a city. In order to provide money for such purposes, a city may issue its general obligation bonds or appropriate money from its general fund or from any other funds or money available that could be used for such purposes as if the building were owned instead of leased by the city.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-9-27-71 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-71
Drains crossing public highways and railroad rights-of-way
Status: in_force

Sec. 71. (a) When, in the construction or reconstruction of a regulated drain, the county surveyor determines that the proposed drain will cross a public highway or the right-of-way of a railroad company at a point where:

(1) there is no crossing; or

(2) the crossing will not adequately handle or will be endangered by the flow of water from the drain when completed;

the county surveyor shall include in the plans the grade and cross section requirements for a new crossing, or the requirements for altering, enlarging, repairing, or replacing the crossing. The surveyor shall mail a copy of the requirements addressed to the owner of the highway or right-of-way.

(b) When requested by the owner of the highway or right-of-way, the county surveyor shall meet with the owner at a time and place to be fixed by the surveyor. The surveyor shall hear objections to the requirements, and may then change the requirements as justice may require.

(c) When the board finds that in the construction, reconstruction, or maintenance of a regulated drain it is necessary to:

(1) alter, enlarge, repair, or replace a crossing; or

(2) construct a new crossing where none existed before;

the cost of the work on the crossing shall be paid by the owner of the public highway. This cost may not be considered by the county surveyor or by the board in determining the cost of the work on the drain or in assessing benefits and damages. However, if it is necessary for the owner of a public highway to construct a new crossing because of a cut-off for the purpose of shortening or straightening a regulated drain, the owner of the public highway shall pay one-half (1/2) of the cost of the new crossing, and the remainder shall be included in the cost of the work on the drain.

(d) A railroad company with a right-of-way that is:

(1) crossed by the construction of a regulated drain; or

(2) affected by the altering or enlarging of a crossing;

shall pay one-half (1/2) of the cost of the work on the crossing and the remainder shall be included in the cost of the work on the drain.

(e) If the county surveyor is registered under IC 25-31, the county surveyor must review and approve or disapprove the plans and hydraulic data for an existing crossing that is to be altered, enlarged, repaired, or replaced, or the construction of a new crossing for a public highway or the right-of-way of a railroad company. The county surveyor shall disapprove the plans and hydraulic data if they do not show that the structure will meet hydraulic requirements that will permit the drain to function properly.

(f) If the county surveyor is registered under IC 25-21.5, the county surveyor must review and approve or disapprove the plans and hydraulic data for an existing crossing that is to be altered, enlarged, repaired, or replaced or the construction of a new crossing for a public highway or the right-of-way of a railroad company. The county surveyor shall disapprove the plans and hydraulic data if they do not show that the structure will meet hydraulic requirements that will permit the drain to function properly.

(g) Approval of the plans and hydraulic data by a person who is registered under IC 25-21.5 or IC 25-31 is required before the work can take place. However, if the county surveyor is not registered under IC 25-21.5 or IC 25-31, a registered person who is selected under section 30 of this chapter shall:

(1) review and approve or disapprove the plans and specifications described in this subsection;

(2) inform the county surveyor in writing of the approval or disapproval; and

(3) submit all plans, specifications, and hydraulic data along with the approval or disapproval.

[Pre-Local Government Recodification Citation: 19-4-6-5.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.5; P.L.76-1989, SEC.7; P.L.154-1993, SEC.7; P.L.2-1997, SEC.86; P.L.2-1998, SEC.89; P.L.241-1999, SEC.5; P.L.276-2001, SEC.15.
Ind. Code § 36-2-4-11 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-11
Seal
Status: in_force

Sec. 11. A county executive shall use a common seal.

[Pre-Local Government Recodification Citation: 17-1-14-9 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-8-16.7-4 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-4
"Board"
Status: in_force

Sec. 4. As used in this chapter, "board" refers to the statewide 911 board established by section 24 of this chapter.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-1-27-4 — Indiana Code / Title 36 / Article 1 / Chapter 27 / Section 36-1-27-4
Ordinances; conflict of interest procedures
Status: in_force

Sec. 4. (a) Except as provided in subsection (c), a unit shall adopt an ordinance to establish a procedure to address a conflict of interest that prevents a building commissioner, building code official, or inspector from issuing a permit under section 3 of this chapter.

(b) An ordinance adopted under this section must include the following:

(1) A procedure for the building commissioner, building code official, or inspector to report a conflict of interest.

(2) A procedure for appointing a qualified temporary replacement building commissioner, building code official, or inspector in the case of a conflict of interest.

(c) An ordinance adopted by a unit before July 1, 2019, satisfies the requirements of this section if the ordinance includes the procedures required by subsection (b).

As added by P.L.3-2019, SEC.1.
Ind. Code § 36-7-9-20.5 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-20.5
Property determined unsafe and abandoned; receiver; sale proceeds; fee simple estate subject to easements, liens, and encumbrances
Status: in_force

Sec. 20.5. (a) This section applies only to property determined to be:

(1) an unsafe premises under this chapter; and

(2) abandoned under IC 36-7-37.

(b) The circuit court of the county in which the unit is located shall appoint the hearing authority.

(c) A city, town, or county having an enforcement authority may adopt or amend an ordinance to set requirements for the receiver that are more stringent than is provided in this section.

(d) Upon the request of the enforcement authority or the enforcement authority's designee, a circuit court acting under section 17 of this chapter may appoint a receiver to take possession of, rehabilitate, and transfer the property. The receiver may be any competent person who has been approved by the enforcement authority.

(e) If the enforcement authority or the enforcement authority's designee requests the appointment of a receiver, all persons having a substantial interest in the property shall be made party defendants and given notice.

(f) A receiver shall provide written notice to the county auditor and the county treasurer that a receiver has been appointed.

(g) The county treasurer may file a proof of claim with the receiver that identifies the taxes that are owed at the time the receiver took possession of the property. The proof of claim must include a detailed breakdown of all taxes, special assessments, fees, fines from the enforcement authority, and penalties that are owed on the property.

(h) The county treasurer may request that the county auditor waive penalties that incurred after the proof of claim is filed. The county auditor may waive such penalties.

(i) A receiver appointed to transfer property may do the following:

(1) Enter into contracts and do all things necessary to maintain, rehabilitate, and prepare the property for sale, including demolition of structures or parts of structures that may not reasonably be rehabilitated.

(2) Enter into any contracts and do all things necessary to accomplish the transfer of the property.

(3) Investigate claims on the proceeds of sale submitted under subsection (k).

The enforcement authority may utilize funds from the unsafe building fund for expenses incurred by the receiver in carrying out the receiver’s responsibilities.

(j) A transfer under this section shall be conducted as follows:

(1) The property shall be offered at a public auction, unless the property is claimed at any time by a recorded owner of the property.

(2) A bidder must be in good standing as determined by the enforcement authority or by the receiver acting as the enforcement authority's designee. The receiver may establish minimum qualifications for bidders, investigate a bidder's qualifications and ability to rehabilitate the property, and prequalify bidders before holding an auction. A person prohibited from bidding at an auction held under IC 6-1.1-24-6.1 may not bid at a receiver's auction held under this section.

(3) The receiver may establish a minimum bid for the auction.

(4) Notice of the auction must be given by publication and such other means as determined by the receiver at least thirty (30) days before the auction.

(5) The receiver may cancel the auction at any time and for any reason. The auction may be rescheduled as determined by the receiver.

(6) The receiver may impose any reasonable conditions upon the sale.

(k) After the transfer of title to the purchaser, the receiver shall serve a notice on all persons who, before the transfer, had a known or recorded substantial property interest in the property. The notice must contain the following information:

(1) The fact of the transfer and the purchase price paid.

(2) The order in which the proceeds of the sale are to be applied as described in subsection (l).

(3) Instructions for submitting a claim.

(4) The date by which a claim must be submitted, which may not be less than ninety (90) days after the date the notice is served.

(5) If the receiver takes reasonable steps but is unable to locate a person entitled to notice under this subsection, the receiver may serve the notice by publication. Any proceeds from the sale remaining after all claims have been paid shall be deposited in the unsafe building fund or a fund designated by the local ordinance.

(l) The proceeds of the sale shall be applied in the following order:

(1) Current year taxes of not to exceed two thousand five hundred dollars ($2,500).

(2) The receiver’s expenses, including administrative expenses, and costs of sale.

(3) Any additional current year taxes in addition to the limit set in subdivision (1), delinquent taxes, and penalties, unpaid fees and fines issued by the enforcement authority, and special assessment accrued on the property.

(4) Any liens on the property in their order of priority.

(5) Any remaining money shall be paid to the divested owner.

(m) The issuing authority of the special assessments may choose to waive the special assessments and not collect them.

(n) A deed executed under this section vests in the grantee an estate in fee simple absolute, free and clear of all liens and encumbrances created or suffered before or after the sale except those liens granted priority under federal law and the lien of the state or a political subdivision for taxes and special assessments that accrue after the sale. However, subject to subsection (o), the estate is subject to the following:

(1) All easements, covenants, declarations, and other deed restrictions shown by public records.

(2) Laws, ordinances, and regulations concerning governmental police powers, including zoning, building, land use, improvements on the land, land division, and environmental protection.

(3) Liens and encumbrances created or suffered by the grantee.

(o) A deed executed under this section:

(1) does not operate to extinguish an easement recorded before the date of the sale in the office of the recorder of the county in which the real property is located, regardless of whether the easement was taxed separately from the real estate; and

(2) conveys title subject to all easements recorded before the date of the sale in the office of the recorder of the county in which the real property is located.

As added by P.L.247-2015, SEC.48.
Ind. Code § 36-7-23-18 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-18
Meetings
Status: in_force

Sec. 18. Meetings of the board shall be held at the call of the chair or at the request of at least three (3) members. The board shall meet at least once every three (3) months to attend to the business of the authority.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.127-2017, SEC.219.
Ind. Code § 36-8-16.7-22 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-22
"Statewide 911 system"
Status: in_force

Sec. 22. As used in this chapter, "statewide 911 system" means a communications system that uses the three (3) digit number 911 to send:

(1) an emergency call for assistance from the public by voice, text message, or other communication method or a functional equivalent or successor;

(2) automatic number identification or its functional equivalent or successor; and

(3) automatic location information or its functional equivalent or successor;

for reporting police, fire, medical, or other emergency situations.

As added by P.L.132-2012, SEC.20. Amended by P.L.117-2020, SEC.3.
Ind. Code § 36-7-4-922 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-922
Board of zoning appeals; appeal to metropolitan development commission or excluded city legislative body
Status: in_force

Sec. 922. (a) Subsections (b), (c), (d), and (e) do not apply to a board of zoning appeals of an excluded city.

(b) METRO. Either of the following may appeal to the metropolitan development commission the following decisions of a board of zoning appeals:

(1) An official designated by the metropolitan development commission. An official may appeal any decision regarding:

(A) an administrative appeal; or

(B) approving:

(i) a special exception;

(ii) a special or conditional use; or

(iii) a variance from the terms of the zoning ordinance.

(2) A member of the legislative body of the city and county in whose district the parcel of real property under consideration is located. A legislative body member in whose district the parcel of real property under consideration is located may appeal any decision approving, denying, or otherwise concerning a variance of use from the terms of the zoning ordinance that affects only real property located outside the corporate boundaries of an excluded city.

The official or the legislative body member must file in the office of the department of metropolitan development a notice of appeal within five (5) days after the board files a copy of the decision in the office of the board. However, if a representative of the department of metropolitan development or the legislative body member appears at the hearing at which the administrative appeal is decided or the special exception, special or conditional use, or variance is approved or denied, then the official or legislative body member must file the notice of appeal within five (5) days after the board has rendered its decision. The notice must certify that the decision raises a substantial question of zoning policy appropriate for consideration by the commission. The commission shall hear the appeal at its next regular meeting held not less than five (5) days after the notice of appeal is filed.

(c) METRO. In hearing appeals under this section, the metropolitan development commission sits as a board of zoning appeals and shall be treated as if it is a board for purposes of this section. The commission may accept into evidence the written record, if any, of the hearing before the board of zoning appeals, along with other evidence introduced by the staff or interested parties. The commission shall consider the matter de novo, but the decision of the board is considered affirmed unless two-thirds (2/3) of the commission members voting vote to deny the administrative appeal, exception, use, or variance.

(d) METRO. Although persons other than the designated official or legislative body member may not appeal a decision of a board of zoning appeals to the metropolitan development commission, they may appear as interested parties in appeals under this section. No public notice need be given of the hearing of an appeal under this section, but the official or legislative body member shall promptly mail notice of the subject of the appeal and date and place of the hearing to each adverse party. However, if the record of the board shows that more than three (3) proponents or more than three (3) remonstrators appeared, then the official or legislative body member need mail notice only to the first three (3) of each as disclosed by the record.

(e) The metropolitan development commission shall give strong consideration to the first continuance of an appeals hearing held under this section that is filed by a member of the legislative body of the city and county.

(f) METRO. This subsection applies only to decisions of a board of zoning appeals of an excluded city. A member of the legislative body of the excluded city in whose district the parcel of real property under consideration is located may appeal decisions of a board of zoning appeals. The legislative body member must file in the office of the excluded city legislative body a notice of appeal not later than five (5) days after the board files a copy of the decision in the office of the board. However, if the legislative body member appears at the hearing at which the administrative appeal is decided, or the special exception, special or conditional use, or variance is approved or denied, then the legislative body member must file the notice of appeal not later than five (5) days after the board has rendered its decision. The notice must certify that the decision raises a substantial question of zoning policy appropriate for consideration by the legislative body of the excluded city. The legislative body shall hear the appeal at its next regular meeting. In hearing appeals for decisions of the board of zoning appeals of an excluded city, the legislative body of the excluded city sits as the final board of appeals and shall be treated as if it is a board for purposes of this section. The legislative body may accept into evidence the written record, if any, of the hearing before the board of zoning appeals, along with other evidence introduced by the staff or interested parties. The decision of the board is considered affirmed unless two-thirds (2/3) of the legislative body voting vote to deny the administrative appeal, exception, use, or variance.

[Pre-Local Government Recodification Citations: 18-4-8-3 part; 18-7-2-71 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.52; Acts 1982, P.L.212, SEC.7; P.L.357-1983, SEC.19; P.L.320-1995, SEC.14; P.L.88-2014, SEC.3; P.L.161-2021, SEC.11.
Ind. Code § 36-7-11.2-28 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-28
Filing and records
Status: in_force

Sec. 28. Notices, petitions, requests, or other written materials to be filed with the commission shall be filed with the department of metropolitan development and directed to the attention of the commission. The department of metropolitan development shall:

(1) maintain; and

(2) make available for public inspection;

all records of the commission at the offices of the department of metropolitan development.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-5.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-10-2-3 — Indiana Code / Title 36 / Article 10 / Chapter 2 / Section 36-10-2-3
Recreational use of watercourse
Status: in_force

Sec. 3. A unit may regulate any recreational use of a watercourse.

[Pre-Local Government Recodification Citations: 18-1-1.5-9(d) part; 18-3-1-46 part; 18-4-2-8 part.]

As added by Acts 1980, P.L.211, SEC.5.
Ind. Code § 36-9-29.1-13 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-13
Fund for deposit of bond proceeds
Status: in_force

Sec. 13. (a) All proceeds from the sale of bonds under section 12 of this chapter shall be kept as a separate and specific fund, to pay the cost of land, rights-of-way, and other property acquired and of construction of the work under the resolution, and all costs and expenses incurred in connection with these things, and no part of the proceeds may be used for any other purpose.

(b) The fund shall be deposited at interest with the depository or depositories of other public funds in the consolidated city, and all interest collected on it belongs to the fund.

(c) Any surplus remaining out of the proceeds of the bonds, after all of the costs and expenses are fully paid, shall be paid into and becomes a part of the flood control district bond fund.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-7-4-1403 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1403
Requisites of zoning ordinance
Status: in_force

Sec. 1403. (a) The development requirements that must be specified under section 1402(b)(1) of this chapter may include the following:

(1) Compatibility of the development with surrounding land uses.

(2) Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities.

(3) Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community.

(4) Building setback lines.

(5) Building coverage.

(6) Building separation.

(7) Vehicle and pedestrian circulation.

(8) Parking.

(9) Landscaping.

(10) Height, scale, materials, and style of improvements.

(11) Signage.

(12) Recreation space.

(13) Outdoor lighting.

(14) Other requirements considered appropriate by the legislative body.

(b) The development requirements specified under subsection (a)(3) concerning the management of traffic may ensure the following:

(1) That the design and location of proposed street and highway access points minimize safety hazards and congestion.

(2) That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.

(3) That the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

(c) The plan documentation and supporting information that must be supplied under section 1402(b)(2) of this chapter may include the following:

(1) The location and character of the following:

(A) Existing and proposed primary structures and accessory structures.

(B) Utilities.

(C) Signage.

(D) Landscaping.

(2) The nature and intensity of uses in the development.

(3) The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities.

(4) The location and capacity of drainage facilities and sewer systems serving the development.

(5) Other information considered appropriate by the legislative body.

(d) In specifying development requirements or plan documentation and supporting information for development plan approval under section 1402(b)(1) through 1402(b)(2) of this chapter, the zoning ordinance may incorporate by reference provisions in the subdivision control ordinance.

As added by P.L.320-1995, SEC.26.
Ind. Code § 36-8-9-5 — Indiana Code / Title 36 / Article 8 / Chapter 9 / Section 36-8-9-5
Appropriations
Status: in_force

Sec. 5. The town legislative body shall appropriate a sum sufficient to pay the salaries of the members of the town police department.

[Pre-Local Government Recodification Citation: 19-1-25-3.]

As added by Acts 1981, P.L.309, SEC.60.
Ind. Code § 36-9-36-7 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-7
Incidental, inspection, and engineering costs; inclusion in contracts; subrogation rights of contractor
Status: in_force

Sec. 7. The following applies if the preliminary resolution provides for the inclusion and assessment of incidental, inspection, and engineering costs:

(1) The works board shall include in a contract for an improvement a provision that requires all incidental, inspection, and engineering costs to be advanced and paid by the contract or to the board, upon the final acceptance of the improvement, for payment by the board to persons entitled to the incidental, inspection, and engineering costs.

(2) The contractor is then subrogated to all rights of the unit and those persons to all the incidental, inspection, and engineering costs subsequently included in and assessed upon the assessment roll.

(3) The costs belong to the contractor as a part of the assessments.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-12-1-13 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-13
Township trustees of certain counties paying cost of resident's library card
Status: in_force

Sec. 13. A township trustee of a township that is:

(1) located in a county having a population of more than thirty-five thousand (35,000) and less than thirty-five thousand nine hundred (35,900); and

(2) not served by a public library;

may pay the cost of a library card at the nearest library for a resident of the township upon request of the resident.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-8.]

As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012, SEC.247; P.L.104-2022, SEC.227.
Ind. Code § 36-8-7-12.5 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-12.5
Determination whether disability in line of duty
Status: in_force

Sec. 12.5. (a) If a local board determines that a fund member has a temporary or a permanent disability, the local board shall also make a recommendation to the board of trustees of the Indiana public retirement system (referred to in this section as "the system board") concerning whether the disability is:

(1) a disability in the line of duty (as described in section 11(e)(1) of this chapter); or

(2) a disability not in the line of duty (a disability other than a disability described in section 11(e)(1) of this chapter).

The local board shall forward its recommendation to the system board.

(b) The system board shall review the local board's recommendation not later than forty-five (45) days after receiving the recommendation and shall then issue an initial determination of whether the disability is in the line of duty or not in the line of duty. The system board shall notify the local board, the safety board, and the fund member of its initial determination.

(c) The fund member, the safety board, or the local board may object in writing to the system board's initial determination under subsection (b) not later than fifteen (15) days after the initial determination is issued. If a written objection is not filed, the system board's initial determination becomes final. If a timely written objection is filed, the system board shall issue a final determination after a hearing. The final determination must be issued not later than one hundred eighty (180) days after the date of receipt of the local board's recommendation.

As added by P.L.118-2000, SEC.15. Amended by P.L.6-2012, SEC.249.
Ind. Code § 36-4-3-8.5 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-8.5
Tax abatement in annexed territory; ordinance; required provisions
Status: in_force

Sec. 8.5. (a) A municipality may, in an ordinance adopted under section 3 or 4 of this chapter, abate a portion of the property tax liability under IC 6-1.1 for municipal purposes for all property owners in the annexed territory.

(b) An ordinance adopted under subsection (a) must provide the following:

(1) A tax abatement program that is in effect for not more than three (3) taxable years after an annexation occurs.

(2) Except single family residential property described by subdivision (3), a tax abatement for all classes of property that does not exceed:

(A) seventy-five percent (75%) of a taxpayer's liability in the first year of the abatement program;

(B) fifty percent (50%) of a taxpayer's liability in the second year of the abatement program; and

(C) twenty-five percent (25%) of a taxpayer's liability in the third year of the abatement program.

(3) For a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000), a tax abatement for single family residential property that does not exceed:

(A) ninety percent (90%) of a taxpayer's liability in the first year of the abatement program;

(B) eighty percent (80%) of a taxpayer's liability in the second year of the abatement program;

(C) sixty percent (60%) of a taxpayer's liability in the third year of the abatement program;

(D) forty percent (40%) of a taxpayer's liability in the fourth year of the abatement program; and

(E) twenty percent (20%) of a taxpayer's liability in the fifth year of the abatement program.

(4) The procedure by which an eligible property owner receives a tax abatement under this section.

As added by P.L.379-1987(ss), SEC.13. Amended by P.L.56-1988, SEC.12; P.L.12-1992, SEC.157; P.L.231-1996, SEC.2; P.L.255-1997(ss), SEC.12; P.L.119-2012, SEC.187; P.L.104-2022, SEC.157.
Ind. Code § 36-4-6-10 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-10
Quorum
Status: in_force

Sec. 10. A majority of all the elected members of the legislative body constitutes a quorum.

[Pre-Local Government Recodification Citation: 18-1-3-2 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-1-12.7-1 — Indiana Code / Title 36 / Article 1 / Chapter 12.7 / Section 36-1-12.7-1
Application of definitions in IC 36-1-12
Status: in_force

Sec. 1. The definitions in IC 36-1-12 apply throughout this chapter.

As added by P.L.159-2003, SEC.3.
Ind. Code § 36-9-6.1-12 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-12
Proceeds of sale of bonds; deposit in fund; payments
Status: in_force

Sec. 12. Proceeds from the sale of bonds under section 11 of this chapter shall be deposited in the thoroughfare fund and used by the unit to pay for:

(1) property acquired by the unit;

(2) benefits assessed against the unit at large; and

(3) damages increased by a court on appeal;

under this chapter.

As added by P.L.220-1986, SEC.30.
Ind. Code § 36-12-2-12 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-12
Library board serving district located in unincorporated areas of township; appointments
Status: in_force

Sec. 12. This section applies to the appointment of members to the library board of a public library serving a library district that is entirely located in the unincorporated areas of the township. For a public library under this section, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:

(1) One (1) member appointed by the executive of the township in which the library district is located.

(2) One (1) member appointed by the legislative body of the township in which the library district is located.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-7.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-11.9-9 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-9
"Pollution control facilities"
Status: in_force

Sec. 9. "Pollution control facilities" includes land; interests in land; site improvements; infrastructure improvements; buildings; structures; rehabilitation, renovation, and enlargement of buildings and structures; machinery; equipment; and furnishings for facilities for the abatement, reduction, or prevention of pollution, or for the removal or treatment of any substances in materials being processed that otherwise would cause pollution when used. This includes the following:

(1) Coal washing, coal cleaning, or coal preparation facilities designed to reduce the sulfur and ash levels of Indiana coal.

(2) Coal-fired boiler facilities designed to reduce emissions while burning Indiana coal.

(3) Pollution control equipment to allow for the environmentally sound use of Indiana coal.

As added by P.L.20-1985, SEC.14. Amended by P.L.25-1987, SEC.43.
Ind. Code § 36-7-15.3-2 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-2
"Authority" defined
Status: in_force

Sec. 2. As used in this chapter, "authority" refers to the county convention and recreational facilities authority established by IC 36-10-9.1.

As added by P.L.84-1987, SEC.14.
Ind. Code § 36-7-32.6-7 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-7
"Gross retail base period amount"
Status: in_force

Sec. 7. As used in this chapter, "gross retail base period amount" means the aggregate amount of state gross retail and use taxes remitted under IC 6-2.5:

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

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

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

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

(C) state gross retail and use tax incurred and paid by a contractor with regard to tangible personal property incorporated into real property that is located in the stadium development district, if the:

(i) contractor can determine the amount of state gross retail or use tax incurred and paid on the tangible personal property incorporated into real property that is located in the stadium development district based on records maintained under section 24 of this chapter; and

(ii) state gross retail or use tax is not otherwise included in the stadium development district or section 8 of this chapter;

during the full state fiscal year that precedes the date on which the stadium development district was designated under section 14 of this chapter.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-7-4-1322 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1322
Fee assessment date; increase or decrease in fees; developments against which fees may not be assessed; existing contracts
Status: in_force

Sec. 1322. (a) Except as provided in subsection (b), an impact fee ordinance must require that, if the fee payer requests, an impact fee on a development must be assessed not later than thirty (30) days after the earlier of:

(1) the date the fee payer obtains an improvement location permit for the development; or

(2) the date that the fee payer voluntarily submits to the unit a development plan for the development and evidence that the property is properly zoned for the proposed development. The plan shall be in the form prescribed by the unit's zoning ordinance and shall contain reasonably sufficient detail for the unit to calculate the impact fee.

(b) An impact fee ordinance may provide that if a proposed development is of a magnitude that will require revision of the zone improvement plan in order to appropriately serve the new development, the unit shall revise the unit's zone improvement plan and shall assess an impact fee on a development not later than one hundred eighty (180) days after the earlier of the following:

(1) The date on which the fee payer obtains an improvement location permit for the development.

(2) The date on which the fee payer submits to the unit a development plan for a development and evidence that the property is properly zoned for the proposed development. The development plan must be in the form prescribed by the unit's zoning ordinance and must contain reasonably sufficient detail for the unit to calculate the impact fee.

(c) An impact fee assessed under subsections (a) or (b) may be increased only if the structural building permit has not been issued for the development and the requirements of subsection (d) are satisfied. In the case of a phased development, only a portion of an impact fee assessed under subsection (a) or (b) that is attributable to the portion of the development for which a permit has not been issued may be increased if the requirements of subsection (d) are satisfied.

(d) Unless the improvement location permit or development plan originally submitted for the development is changed so that the amount of impact on infrastructure the development creates in the impact zone is significantly increased, an impact fee assessed under:

(1) subsection (a)(1) or (b)(1) may not be increased for the period of the improvement location permit's validity; and

(2) subsection (a)(2) or (b)(2) may not be increased for three (3) years.

(e) An impact fee assessed under subsection (a) or (b) shall be decreased if the improvement location permit or development plan originally submitted for the development is changed so that the amount of impact on infrastructure that the development creates in the impact zone is significantly decreased. If a change occurs in the permit or plan that results in a decrease in the amount of the impact fee after the fee has been paid, the unit that collected the fee shall immediately refund the amount of the overpayment to the fee payer.

(f) If the unit fails to assess an impact fee within the period required by subsection (a) or (b), the unit may not assess an impact fee on the development unless the development plan originally submitted for the development is materially and substantially changed.

(g) Notwithstanding other provisions in this chapter, a unit may not assess an impact fee against a development if:

(1) an improvement location permit has been issued for all or a part of a development before adoption of an impact fee ordinance that is in compliance with this chapter; and

(2) the development satisfies all of the following criteria:

(A) The development is zoned for commercial or industrial use before January 1, 1991.

(B) The development will consist primarily of new buildings or structures. As used in this clause, the term "new buildings or structures" does not include additions or expansions of existing buildings or structures.

(C) The parts of the development for which a structural building permit has not been issued are owned or controlled by the person that owned or controlled the development on January 1, 1991.

(D) A structural building permit is issued for the development not more than four (4) years after the effective date of the impact fee ordinance.

(E) The development is part of a common scheme of development that:

(i) involves land that is contiguous;

(ii) involves a plan for development that includes a survey of the land, engineering drawings, and a site plan showing the anticipated size, location, and use of buildings and the anticipated location of streets, sewers, and drainage;

(iii) if plan approval is required, resulted in an application being filed with an appropriate office, commission, or official of the unit before January 1, 1991, that resulted or may result in approval of any phase of the development plan referred to in item (ii);

(iv) has been diligently pursued since January 1, 1991;

(v) resulted before January 1, 1991, in a substantial investment in creating, publicizing, or implementing the common scheme of development; and

(vi) involved the expenditure of significant funds before January 1, 1991, for the provision of improvements, such as roads, sewers, water treatment facilities, water storage facilities, water distribution facilities, drainage systems, or parks, that are on public lands or are available for other development in the area.

(h) Notwithstanding any other provision of this chapter, this chapter does not impair the validity of any contract between a unit and a fee payer that was:

(1) entered into before January 1, 1991; and

(2) executed in consideration of zoning amendments or annexations requested by the fee payer.

As added by P.L.221-1991, SEC.23.
Ind. Code § 36-7.6-4-10 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-10
Agreements; common wall; easements; licenses
Status: in_force

Sec. 10. A development authority and an eligible political subdivision may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county in which the project is located.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-2-9.5-12 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-12
Calls for redemption of outstanding warrants at semiannual settlement; interest; violation
Status: in_force

Sec. 12. (a) At the semiannual settlement under IC 6-1.1-27, the auditor shall issue calls for the redemption of outstanding county warrants if there is any money available in the county treasury for redemption of those warrants.

(b) A warrant included in a call under this section ceases to bear interest upon the date of the call. The county treasurer shall redeem warrants included in the call when they are presented to the county treasurer.

(c) An auditor who violates this section is liable for the interest on all money used for redemption.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-7-32.5-8 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-8
"Net increment"
Status: in_force

Sec. 8. As used in this chapter, "net increment" means the sum of:

(1) the gross retail incremental amount; plus

(2) the income tax incremental amount;

as determined by the department of state revenue.

As added by P.L.135-2022, SEC.28.
Ind. Code § 36-9-27-49 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-49
Reconstruction of drains; county surveyor's report
Status: in_force

Sec. 49. (a) When the board refers a regulated drain to the county surveyor for a reconstruction report, the county surveyor shall determine and set forth in the county surveyor's report the best and cheapest method of reconstructing the drain so that it will adequately drain all affected land.

(b) The county surveyor shall make the necessary surveys, maps, profiles, plans, and specifications, and the county surveyor may include in them:

(1) all of the repairs or changes specifically set forth in section 34(b) of this chapter; and

(2) any other repairs or changes that good engineering practice requires, including arms where none existed before.

(c) The county surveyor shall estimate the costs of the proposed reconstruction, including costs of notices and advertising, and the county surveyor shall also estimate the annual cost of periodically maintaining the proposed reconstruction.

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

[Pre-Local Government Recodification Citation: 19-4-3-1.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.340.
Ind. Code § 36-9-11.1-5 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-5
Powers and duties of board
Status: in_force

Sec. 5. (a) The board shall do the following:

(1) Investigate, study, and survey the off-street parking needs of the county.

(2) Promote and encourage the development of parking facilities by private interests.

(3) Cooperate with and secure the cooperation of the various departments and agencies of the consolidated city and other governmental bodies in such manner as will best promote the carrying out of the purposes of this chapter.

(4) Make findings and reports from time to time regarding such matters, which reports are public records open to inspection by the public at the offices of the department.

(5) Select the sites of parking facilities to be acquired and improved under this chapter.

(6) Acquire these sites and cause them to be improved, operated, or disposed of so as best to carry out the purposes of this chapter.

(7) Exercise general discretionary powers for the government, management, regulation, and control of all parking facilities acquired under this chapter, and over all funds and property relating or belonging to them.

(8) Practice rigid economy in all its operations and expenditures under this chapter, including all compensation paid to any persons, in order to secure the rights and protection of all bondholders and the public.

(b) In carrying out its duties under this chapter, the board may do the following:

(1) Acquire by purchase, gift, grant, devise, bequest, or condemnation, in the name of the consolidated city, and with the approval of the city executive, any interest in real property, including air rights, or personal property, that the board finds to be needed for the reasonable development of parking facilities under this chapter.

(2) Hold, use, manage, operate, sell, lease, rent, or otherwise dispose of, in the name of the city, any property interest acquired, constructed, or improved for use under this chapter, on such terms and conditions as the board considers to be for the best interests of its bondholders, the department, the city, and its inhabitants, but subject to the approval of the executive as required by law.

(3) Operate and manage any parking facility under the jurisdiction of the board directly by its own employees, but only for such periods as no acceptable lessee is available.

(4) Clear, or contract for the clearance of, real property acquired for parking purposes, and adapt and improve it for that use.

(5) Improve for any commercial or business use any parts of parking facilities as are at any time either required or approved by the metropolitan development commission, or are for the best interests of the bondholders and public; and make improvements in the form of walks and elevated walkways to connect any parking facilities to other buildings or land since these connections will enhance the value and use of the facilities by making them more readily accessible.

(6) Enter upon any lots or lands at all reasonable times for the purpose of surveying or examination, to determine whether they are suitable for acquisition and improvement for off-street parking purposes.

(7) Appear before any department or agency of the city or any other governmental agency, with respect to any matter affecting the property or interests acquired or being acquired for off-street parking purposes, or with respect to any matter affecting any parking facility under the jurisdiction of the board.

(8) Institute, or defend, in the name of the city, any actions growing out of any acts, omissions, or operations of the board under this chapter; use any legal or equitable remedy necessary or proper to protect the property or to enforce the powers and perform the duties of the department under this chapter; but any judgments against the city or the board in any such actions are payable solely out of the funds of the department available for them and of any parking facility chargeable with them.

(9) Cut curbs and issue all permits necessary to the conduct of a parking facility on any property acquired or used for the purposes of this chapter, after obtaining the approval of the agencies having jurisdiction of these matters in the city.

(10) Appoint or employ appraisers of air rights and real and personal property, engineers, architects, surveyors, attorneys, financial consultants, inspectors, superintendents, managers, accountants, clerks, and other employees, consultants and agents as the board may consider expedient and necessary, all of whom shall serve at the will of the board; prescribe and define their duties and fix the fair and reasonable compensation to be paid to those persons, and discharge such appointees or employees and appoint and employ their successors.

(11) Carry and pay for all insurance necessary to protect the board's property and funds; and purchase, lease, or rent any equipment and supplies that are reasonably necessary to enable the board to perform its duties.

(12) Expend for and on behalf of the department and the city all money donated to the department, advanced by the city, raised by the issuance of the obligations authorized by this chapter, or resulting from revenues derived from the operation of parking facilities, subject to the limitations imposed by this chapter; but until funds have been provided by the issuance of obligations or from revenues of the department, the board may not incur any obligation in excess of any amount prescribed by this chapter to be actually advanced by the city.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-4-8-3 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-3
Warrants; issuance; order
Status: in_force

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

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

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

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.131.
Ind. Code § 36-7-15.5-23 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-23
Duties of department; power of director
Status: in_force

Sec. 23. (a) The department shall take all actions necessary to carry out the improvement and maintenance project set forth in the resolution establishing the district.

(b) The director of the department may, with respect to the improvement and maintenance project or the improvement and maintenance district, do the following:

(1) Prepare and submit a budget as required by IC 36-3-6-4(b).

(2) Establish operational procedures.

(3) Approve the hiring and dismissal of personnel, subject to limitations prescribed by law and rules adopted by the mayor.

(4) Delegate to personnel of the department authority to act on the director's behalf.

(5) Assign tasks to employees of the department and supervise the carrying out of those responsibilities.

(6) Approve and execute legal instruments, subject to limitations prescribed by law.

(7) Approve or disapprove disbursement of funds, subject to limitations prescribed by law.

(8) Accept assistance from state or federal agencies for the purposes of this chapter.

(9) Negotiate agreements with an agency of the state, or any of its political subdivisions, or any private company for the rendition of any services, the rental or use of any equipment or facilities, or the joint purchase and use of any equipment or facilities considered proper by the contracting parties for use in the operation, maintenance, or construction of the improvement and maintenance project.

(10) Purchase supplies, materials, and equipment in accordance with law and procedures of the city.

(11) Sell any surplus or unneeded property in accordance with law and procedures of the city.

(12) Exercise other powers necessary to carry out the purposes of the district.

As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.48.
Ind. Code § 36-9-3-6 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-6
Appointment of board members; time limits; term of office
Status: in_force

Sec. 6. (a) Except as provided in subsection (d), the appointments required by section 5 of this chapter must be made as soon as is practical, but not later than sixty (60) days after the adoption of the ordinance establishing the authority. If any appointing authority fails to make the required appointment within the sixty (60) day time limit, the circuit court from the jurisdiction of the appointing authority shall make the appointment without delay.

(b) The term of office of a member of the board is:

(1) two (2) years, for a member of a board located in Lake County, if such a board exists under this chapter; and

(2) four (4) years for all other boards;

and continues until the member's successor has qualified for the office. A member may be reappointed for successive terms.

(c) A member of the board serves at the pleasure of the appointing authority.

(d) An appointment to an authority located in Lake County, if such an authority exists under this chapter, must be made not later than sixty (60) days after the adoption of the ordinance establishing the authority, or for the purpose of reappointments, sixty (60) days after a scheduled reappointment. If the appointing authority designated in section 5(c)(3), 5(c)(4), 5(c)(5), 5(c)(6), or 5(c)(8) of this chapter fails to make an appointment, the appointment shall be made by the governor. If a county or city becomes a member of the authority under section 3.5 of this chapter and the executive of the county or city fails to make an appointment to the board within sixty (60) days after the county or city becomes a member of the authority, the appointment shall be made by the governor. The governor shall select an individual from a list comprised of one (1) name from each appointing authority for that particular appointment.

[Pre-Local Government Recodification Citations: 19-5-2.5-5; 19-5-2.5-6 part.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.90-1999, SEC.2; P.L.70-2007, SEC.4; P.L.182-2009(ss), SEC.447; P.L.104-2022, SEC.206.
Ind. Code § 36-7-15.1-17.2 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-17.2
Persons authorized as lessors
Status: in_force

Sec. 17.2. (a) Any of the following persons may lease facilities referred to in section 17.1 of this chapter to a commission:

(1) A not-for-profit corporation organized under Indiana law or admitted to do business in Indiana.

(2) An authority established under IC 36-10-9.1.

(b) Notwithstanding any other law, a lessor under this section and section 17.1 of this chapter is a qualified entity for purposes of IC 5-1.4-1-10.

(c) Notwithstanding any other law, a redevelopment facility leased by the commission under this chapter from a lessor borrowing bond proceeds from a unit under IC 36-7-12 is an economic development facility for purposes of IC 36-7-11.9-3 and IC 36-7-12.

(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments by the commission to a lessor described in subsection (c) may be made from sources set forth in section 17.1 of this chapter so long as the payments and the lease are structured to prevent the lease obligation from constituting debt of the unit or the district for purposes of the Constitution of the State of Indiana.

As added by P.L.84-1987, SEC.10.
Ind. Code § 36-8-14-1 — Indiana Code / Title 36 / Article 8 / Chapter 14 / Section 36-8-14-1
Application of chapter
Status: in_force

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

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.66.
Ind. Code § 36-8-12-0.1 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The formula added to section 6 of this chapter by P.L.70-1995 applies to insurance policies that are entered into or renewed after December 31, 1995.

As added by P.L.220-2011, SEC.676.
Ind. Code § 36-1-31.5-2 — Indiana Code / Title 36 / Article 1 / Chapter 31.5 / Section 36-1-31.5-2
Mental health referral program
Status: in_force

Sec. 2. The court may refer a person charged with an offense under section 1 of this chapter for evaluation and treatment under IC 33-23-18-6.

As added by P.L.138-2026, SEC.5.
Ind. Code § 36-2-11-11 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-11
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 5-7-9-2.]

As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.127-2017, SEC.78.
Ind. Code § 36-7-7.7-10 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-10
Executive director
Status: in_force

Sec. 10. After review and recommendation by the executive board, the MPO may appoint an executive director, who serves at the pleasure of the MPO.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-3-5-2.6 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-2.6
Immunity of controller and deputy controllers; exception for gross negligence
Status: in_force

Sec. 2.6. Except as provided in IC 5-11, the:

(1) controller is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the controller's duty as a fiscal officer of:

(A) the consolidated city; and

(B) the county; and

(2) deputy controller is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the deputy controller's duty;

unless the act or omission constitutes gross negligence or an intentional disregard of the controller's or the deputy controller's duty.

As added by P.L.67-2002, SEC.4. Amended by P.L.227-2005, SEC.23; P.L.58-2023, SEC.22.
Ind. Code § 36-2-7-11 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-11
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-3-46-1; 17-3-46-2.]

As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.58-1993, SEC.20.
Ind. Code § 36-9-17.5-1 — Indiana Code / Title 36 / Article 9 / Chapter 17.5 / Section 36-9-17.5-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to all townships.

As added by P.L.129-1999, SEC.2.
Ind. Code § 36-7-4-801 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-801
Improvement location permit; requirement
Status: in_force

Sec. 801. (a) ADVISORY. A structure may not be located and an improvement location permit for a structure on platted or unplatted land may not be issued unless the structure and its location conform to the municipal zoning ordinance. However, if the land is unincorporated land that lies within a county that has adopted a zoning ordinance, then the municipal zoning ordinance does not apply and the structure must conform to the county zoning ordinance. A municipality, having adopted a zoning ordinance, may issue and control improvement location permits on unincorporated lands within the jurisdiction of its municipal plan commission if the lands lie within a county that has not adopted a zoning ordinance.

(b) AREA─METRO. A zoning ordinance, a subdivision ordinance, or a separate ordinance may require the procurement of:

(1) an improvement location permit for the erection, alteration, or repair of any structure on platted or unplatted land; and

(2) an occupancy permit for the use of any structure or land regulated by a zoning ordinance, subdivision ordinance, thoroughfare ordinance, or other ordinance relating to land use.

If such a provision is adopted, a structure may not be located and a permit may not be issued unless the use, character, and location of the structure is in conformity with the applicable ordinance.

(c) AREA. The ordinance under subsection (b) must contain a schedule of fees and must provide that the unit that issues the permit shall receive the fee and pay it into its general fund.

[Pre-Local Government Recodification Citations: 18-7-2-57 part; 18-7-4-801; 18-7-4-63 part; 18-7-5-55; 18-7-5-56 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.25.
Ind. Code § 36-5-1.1-6 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-6
Decision of county executive
Status: in_force

Sec. 6. The county executive shall, on the date fixed under section 3 of this chapter, hear and determine the petition or resolution and render a decision on the question of dissolution.

As added by P.L.342-1987, SEC.2.
Ind. Code § 36-10-6-6 — Indiana Code / Title 36 / Article 10 / Chapter 6 / Section 36-10-6-6
Repealed
Status: repealed

As added by Acts 1981, P.L.309, SEC.113. Amended by Acts 1981, P.L.45, SEC.104. Repealed by Acts 1982, P.L.6, SEC.32.
Ind. Code § 36-9-27.8-2 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-2
"Fiscal officer"
Status: in_force

Sec. 2. As used in this chapter "fiscal officer" means:

(1) the county auditor, in the case of Johnson County; or

(2) the controller, in the case of a consolidated city.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-8-11-5 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-5
Establishment of district by freeholders; procedure
Status: in_force

Sec. 5. (a) Freeholders who desire the establishment of a fire protection district must initiate proceedings by filing a petition in the office of the county auditor of the county where the freeholder's land is located. The petition may also be filed by a municipality under an ordinance adopted by its legislative body in each county where the municipality is located.

(b) The petition must be signed:

(1) by at least twenty percent (20%), with a minimum of five hundred (500), of the freeholders owning land within the proposed district; or

(2) by a majority of those freeholders owning land within the proposed district;

whichever number is less.

(c) This subsection applies to a district that consists of a municipality located in two (2) counties. The petitions filed in each county as set forth in section 5.1 of this chapter shall be considered parts of one (1) petition. The signature requirement of subsection (b) applies to the sum of the signatures on all parts of the petition.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-6; subsection (b) formerly 19-1-45-7 part.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.3; P.L.36-2000, SEC.4.
Ind. Code § 36-8-8.5-14 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-14
DROP exit date
Status: in_force

Sec. 14. (a) Subject to subsection (b), a member who enters the DROP established by this chapter shall exit the DROP at the earliest of:

(1) the member's DROP retirement date;

(2) either:

(A) thirty-six (36) months after the member's DROP entry date, if the member:

(i) executes an election described in section 10 of this chapter before July 1, 2024; and

(ii) does not execute an extension described in section 10.5 of this chapter; or

(B) sixty (60) months after the member's DROP entry date, if the member:

(i) executes an election described in section 10 of this chapter after June 30, 2024; or

(ii) executes an extension described in section 10.5 of this chapter;

(3) the mandatory retirement age applicable to the member, if any; or

(4) the date the member retires because of a disability as provided under section 16.5(d) of this chapter.

(b) A member of the 1925 fund, the 1937 fund, or the 1953 fund who enters the DROP established by this chapter must exit the DROP on the date the authority of the board of trustees of the Indiana public retirement system to distribute from the pension relief fund established under IC 5-10.3-11-1 to units of local government (described in IC 5-10.3-11-3) amounts determined under IC 5-10.3-11-4.7 expires.

As added by P.L.62-2002, SEC.5. Amended by P.L.51-2006, SEC.3; P.L.148-2007, SEC.5; P.L.177-2011, SEC.4; P.L.35-2012, SEC.143; P.L.145-2020, SEC.4; P.L.156-2020, SEC.147; P.L.129-2024, SEC.12; P.L.136-2024, SEC.58.
Ind. Code § 36-7-30.5-15 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-15
Powers of development authority
Status: in_force

Sec. 15. The development authority may do the following:

(1) Acquire by purchase, exchange, gift, grant, condemnation, or lease, or any combination of methods, any personal military base property or interest in real military base property or other real or personal property located within the corporate boundaries of a unit that contains all or part of the military base.

(2) Hold, use, sell (by conveyance by deed, land sale contract, or other instrument), exchange, lease, rent, or otherwise dispose of real or personal military base property or other real and personal property to private enterprise or state or local government, on the terms and conditions that the development authority considers best for the state and the state's inhabitants.

(3) Sell, lease, or grant interests in all or part of the real property acquired from a military base to a department of a unit or to any other governmental agency for public ways, levees, sewerage, parks, playgrounds, schools, and other public purposes on any terms that may be agreed on.

(4) Clear real property acquired for the purposes of this chapter.

(5) Repair and maintain structures acquired for the purposes of this chapter.

(6) Remodel, rebuild, enlarge, or make major structural improvements on structures acquired from a military base.

(7) Survey or examine any land to determine whether it should be acquired for the purpose of this chapter and to determine the value of the land.

(8) Appear before any other department or agency of a unit or any other governmental agency in respect to any matter affecting:

(A) real property acquired or being acquired for the purposes of this chapter; or

(B) any development area within the jurisdiction of the development authority.

(9) Institute or defend in the name of the development authority any civil action.

(10) Use any legal or equitable remedy that is necessary or considered proper to protect and enforce the rights of and perform the duties of the development authority.

(11) Exercise the power of eminent domain within military base property in the manner prescribed by section 21 of this chapter.

(12) Appoint an executive director, appraisers, real estate experts, engineers, architects, surveyors, attorneys, accountants, and other consultants that are necessary or desired by the authority in exercising its powers or carrying out its responsibilities under this chapter.

(13) Appoint clerks, guards, laborers, and other employees the development authority considers advisable.

(14) Prescribe the duties and regulate the compensation of employees of the development authority.

(15) Provide a pension and retirement system for employees of the development authority.

(16) Discharge and appoint successors to employees of the development authority.

(17) Rent offices for use of the development authority or accept the use of offices furnished by a unit.

(18) Equip the offices of the development authority with the necessary furniture, furnishings, equipment, records, and supplies.

(19) Expend on behalf of the counties represented on the development authority all or any part of the money of the development authority.

(20) Design, order, contract for, construct, reconstruct, improve, or renovate the following:

(A) Local public improvements or structures that are necessary for the development of military base property.

(B) Any structure that enhances the development, economic development, or reuse of military base property.

(21) Accept loans, grants, and other forms of financial assistance from the federal government, the state government, a municipal corporation, a special taxing district, a foundation, or any other source.

(22) Provide financial assistance, in the manner that best serves the purposes of this chapter, including grants and loans, to enable private enterprise to develop, redevelop, and reuse military base property or otherwise enable private enterprise to provide social and economic benefits to the citizens of the state.

(23) Enter into contracts for providing police, fire protection, and utility services to the military base development area.

(24) Make and enter into all contracts and agreements necessary or incidental to the performance of the duties of the development authority and the execution of the power of the development authority under this chapter.

(25) Adopt a seal.

(26) This subdivision does not apply to a development authority located in a county for which the total amount of net property taxes allocated to all allocation areas or other tax increment financing areas established by a redevelopment commission, military base reuse authority, military base development authority, or another similar entity in the county in the preceding calendar year exceeded nineteen percent (19%) of the total net property taxes billed in the county in the preceding calendar year. Subject to prior approval by the fiscal body of the unit that established the development authority, expend money and provide financial assistance (including grants and loans):

(A) in direct support of:

(i) an active military base located within the unit; or

(ii) an entity located in the territory or facilities of a military base or former military base within the unit that is scheduled for closing or is completely or partially inactive or closed, or an entity that is located in any territory or facilities of the United States Department of Defense within the unit that are scheduled for closing or are completely or partially inactive or closed;

including direct support for the promotion of the active military base or entity, the growth of the active military base or entity, and activities at the active military base or entity; and

(B) in support of any other entity that provides services or direct support to an active military base or entity described in clause (A).

The fiscal body of the unit that established the development authority must separately approve each grant, loan, or other expenditure for financial assistance under this subdivision. The terms of any loan that is made under this subdivision may be changed only if the change is approved by the fiscal body of the unit that established the development authority. As used in this subdivision, "active military base" has the meaning set forth in IC 36-1-4-20.

(27) Take any action necessary to implement the purposes of the development authority.

As added by P.L.203-2005, SEC.11. Amended by P.L.95-2014, SEC.8.
Ind. Code § 36-8-16.7-42 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-42
Confidentiality of proprietary information
Status: in_force

Sec. 42. (a) All proprietary information submitted to the board or the treasurer of state, or to the budget committee under section 48 of this chapter, is confidential. Notwithstanding any other law, proprietary information submitted under this chapter is not subject to subpoena, and proprietary information submitted under this chapter may not be released to a person other than to the submitting provider without the permission of the submitting provider.

(b) General information collected by the board or the treasurer of state may be released or published only in aggregate amounts that do not identify or allow identification of numbers of users or revenues attributable to an individual provider.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-7-15.2-10 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-10
Resolution; consideration of adoption; findings
Status: in_force

Sec. 10. (a) After compilation of the data required by section 9 of this chapter, the commission shall consider adopting a resolution declaring the area described under section 9 of this chapter a district under this chapter. The commission may adopt the resolution only after making the following findings:

(1) That the district is entirely within a redevelopment district and has been previously designated as a redevelopment project area under IC 36-7-15.1 or that the district is being so designated concurrently with the adoption of the resolution.

(2) That the completion of the redevelopment and economic development of the district will do all of the following:

(A) Attract new business enterprises to the district or retain or expand existing business enterprises in the district.

(B) Benefit the public health and welfare and be of public utility and benefit.

(C) Protect and increase state and local tax bases or revenues.

(D) Result in a substantial increase in temporary and permanent employment opportunities and private sector investment within the district.

(b) The commission may not adopt the resolution described in subsection (a) after January 1, 1989.

As added by P.L.84-1987, SEC.13. Amended by P.L.5-1988, SEC.218; P.L.2-1989, SEC.40; P.L.185-2005, SEC.48.
Ind. Code § 36-2-5-5 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-5
Itemized estimate of money required by county officer and township assessor
Status: in_force

Sec. 5. (a) Before the Thursday after the first Monday in August of each year, each county officer and township assessor (if any) shall prepare an itemized estimate of the amount of money required for the officer's or assessor's office for the next calendar year. Each budget estimate under this section must include:

(1) the compensation of the officer;

(2) the expense of employing deputies;

(3) the expense of office supplies, itemized by the quantity and probable cost of each kind of supplies;

(4) the expense of litigation for the office; and

(5) other expenses of the office, specifically itemized;

that are payable out of the county treasury.

(b) If all or part of the expenses of a county office may be paid out of the county treasury, but only under an order of the county executive to that effect, the expenses of the office shall be included in the officer's budget estimate and may not be included in the county executive's budget estimate.

[Pre-Local Government Recodification Citations: 17-1-24-15 part; 17-1-24-16; 17-1-24-18 part; 17-3-44-5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.222-1997, SEC.1; P.L.146-2008, SEC.687.
Ind. Code § 36-7.6-2-12 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-12
Bylaws and rules
Status: in_force

Sec. 12. A development board shall adopt the bylaws and rules that the development board considers necessary for the proper conduct of the development board's duties and the safeguarding of the development authority's funds and property.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.17.
Ind. Code § 36-7-39-6 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-6
Expiration of term
Status: in_force

Sec. 6. (a) Upon the expiration of the term of an appointed member of the commission, the member's successor shall be appointed for a four (4) year term.

(b) A member may be reappointed.

As added by P.L.58-2021, SEC.1.
Ind. Code § 36-8-7-13 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-13
Lump sum death benefit
Status: in_force

Sec. 13. (a) Benefits paid under this section are subject to section 2.5 of this chapter.

(b) Upon the death of a disabled, retired, or discharged member of the fire department who was receiving or entitled to receive a pension at the time of the member's death, or upon the death of a member in active service at the time of the member's death, the local board shall authorize and pay out of the 1937 fund at least twelve thousand dollars ($12,000) as death benefits.

(c) The death benefit described under this section shall be paid:

(1) to the surviving spouse;

(2) if there is no surviving spouse, to the surviving children; and

(3) if there is no surviving spouse, and if there are no surviving children, to the estate;

of the deceased member and is in addition to other benefits paid to a member or survivor under this chapter.

[Pre-Local Government Recodification Citation: 19-1-37-15.]

As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1981, P.L.182, SEC.7; P.L.200-1984, SEC.3; P.L.55-1989, SEC.56; P.L.169-1994, SEC.3; P.L.49-1998, SEC.4; P.L.28-2008, SEC.2.
Ind. Code § 36-7-4-918.6 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-918.6
Board of zoning appeals in certain counties; special exceptions, uses, and variances
Status: in_force

Sec. 918.6. (a) This section applies to the following:

(1) A municipality in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

(2) A county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(b) ADVISORY─AREA. Notwithstanding sections 918.2, 918.4, and 918.5 of this chapter, a zoning or subdivision control ordinance shall require that the board of zoning appeals submit any of the following petitions to the legislative body for approval or disapproval:

(1) Special exceptions.

(2) Special uses.

(3) Use variances.

(c) ADVISORY─AREA. The board of zoning appeals shall file a petition under this section with the clerk of the legislative body with:

(1) a favorable recommendation;

(2) an unfavorable recommendation; or

(3) no recommendation.

(d) ADVISORY─AREA. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the petition at its first regular meeting after the board of zoning appeals files its recommendation.

(e) ADVISORY─AREA. A petition is granted or denied when the legislative body votes on the petition as follows:

(1) In a county described in subsection (a)(1), the legislative body shall vote on the petition within ninety (90) days after the board of zoning appeals makes its recommendation. If the legislative body does not vote to deny the petition within ninety (90) days, the petition is considered approved.

(2) In a county described in subsection (a)(2), the legislative body shall vote on the petition within sixty (60) days after the board of zoning appeals makes its recommendations. If the legislative body does not vote to deny the petition within sixty (60) days, the petition is approved.

(f) ADVISORY─AREA. If the legislative body approves a petition, it must make the determination in writing as required under section 918.2, 918.4, or 918.5 of this chapter or as required by the zoning ordinance.

As added by P.L.304-1989, SEC.1. Amended by P.L.12-1992, SEC.164; P.L.167-1994, SEC.2; P.L.119-2012, SEC.194; P.L.10-2015, SEC.1; P.L.104-2022, SEC.176.
Ind. Code § 36-7-4-107 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-107
Reorganized units; exercise of powers by resolution
Status: in_force

Sec. 107. If a provision of this chapter requires a power to be exercised by adoption of an ordinance, a unit described in IC 36-7-2-1(b) shall exercise the power by adoption of a resolution.

As added by P.L.202-2013, SEC.33.
Ind. Code § 36-12-6-1 — Indiana Code / Title 36 / Article 12 / Chapter 6 / Section 36-12-6-1
Application of chapter; name of library established
Status: in_force

Sec. 1. (a) This chapter applies only to Class 1 public libraries that have been established as county contractual libraries before July 1, 1992.

(b) A county contractual library established under this chapter shall operate under the name of _____________ County Contractual Public Library.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-6-1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-2-7-5 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-5
Persons entitled to mileage allowance; itemized claims
Status: in_force

Sec. 5. (a) The following persons may use their own conveyances when necessary for the performance of their official duties, and are entitled to a sum for mileage at a rate determined by the county fiscal body:

(1) The county surveyor, if authorized by the county executive to use the county surveyor's own conveyance.

(2) The county coroner, if authorized by the county executive to use the county coroner's own conveyance.

(3) A deputy or other employee of the county surveyor or county coroner, if authorized by the county executive to use the deputy's or employee's own conveyance.

(4) A deputy or other employee of the county assessor, if engaged in field work and authorized by the assessor to use the deputy's or employee's own conveyance.

An assessing team is entitled to only one (1) sum for mileage under subdivision (4).

(b) The county executive may not make a mileage allowance under subsection (a)(1), (a)(2), or (a)(3) if the executive furnishes and maintains a vehicle for the officer or deputy in question.

(c) A person seeking compensation under this section must file an itemized claim with the county executive each month under IC 36-2-6.

[Pre-Local Government Recodification Citations: 17-3-70-1 part; 17-3-77-1; 17-3-77-2; 17-3-77-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.10-1997, SEC.28; P.L.127-2017, SEC.35.
Ind. Code § 36-7-11.3-20 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-20
Term of office
Status: in_force

Sec. 20. An appointed member of the commission holds office for the term that the legislative body of the municipality sets forth in the ordinance or resolution creating the commission.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(e) part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-8-25-12 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-12
Immunity of public safety telecommunicator who completes training requirements
Status: in_force

Sec. 12. A public safety telecommunicator who has successfully completed:

(1) a T-CPR training program approved by the department; and

(2) any continuing education requirements;

is immune from civil liability for damages arising out of T-CPR instruction provided to a telephone caller, except for acts or omissions constituting gross negligence or willful or wanton misconduct.

As added by P.L.54-2019, SEC.4. Amended by P.L.187-2021, SEC.160.
Ind. Code § 36-8-1-1 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-1
Application of chapter
Status: in_force

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.3. Amended by Acts 1981, P.L.309, SEC.40.
Ind. Code § 36-6-1.7-8 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-8
Assigning points to townships
Status: in_force

Sec. 8. The department shall use the compiled data to assign points to each township government as follows:

(1) Two (2) points if a township government did not provide township assistance in calendar years 2023 and 2024 as provided in the annual reports submitted under IC 12-20-28-3 to the state board of accounts. The state board of accounts shall provide this information to the department.

(2) One (1) point if a township government does not actively manage fire protection or emergency medical services within the township on January 1, 2025. A township does not actively manage fire protection or emergency medical services if:

(A) the township government does not allocate funds for fire protection or emergency medical services;

(B) the township government is not a provider unit in a fire protection territory; or

(C) at least seventy-five percent (75%) of the non-capital and non-debt service expenses expended from:

(i) the township government's firefighting and emergency services fund or the firefighting fund and emergency services fund under IC 36-8-13-4; or

(ii) the fire protection territory fund under IC 36-8-19-8, if the township government is a provider unit in a fire protection territory;

were payments to other governmental units, a volunteer fire department, or an independent fire company.

(3) One (1) point for each year that a township government did not file an annual finance report with the state board of accounts in 2023 or 2024.

(4) One (1) point for each year a township government did not file all required monthly upload reports as required by directive of the state board of accounts in 2024 or 2025.

(5) One (1) point if the township's annual appropriations and annual tax levy for 2023 were continued for the 2024 budget year under IC 6-1.1-17-3(d) or IC 6-1.1-17-5(f), as applicable.

(6) One (1) point if the township's annual appropriations and annual tax levy for 2024 were continued for the 2025 budget year under IC 6-1.1-17-3(d) or IC 6-1.1-17-5(f), as applicable.

(7) One (1) point if the sum of township assistance applications received by the township government in 2023 and 2024 is less than twenty-four (24) township assistance applications as provided in the annual reports submitted under IC 12-20-28-3 to the state board of accounts. The state board of accounts shall provide this information to the department.

(8) One (1) point for a township government that has a certified budget of less than one hundred thousand dollars ($100,000) for calendar year 2025.

(9) A maximum of one (1) point if:

(A) a township did not have a candidate on the election ballot for the office of township trustee in either the 2018 or 2022 general election; or

(B) a vacancy on July 1, 2026, in the position of township trustee has been vacant for at least thirty (30) calendar days.

However, a point may not be assigned to a township under clause (A) if the township did not have a candidate on the ballot in the 2018 or 2022 general election for the office of township trustee and the office was timely filled under IC 3-13-10 or IC 3-13-11 (whichever is applicable) before the date of the first meeting of the township board that is required under IC 36-6-6-7 in the year following the general election. The election division (as defined in IC 3-5-2.1-37) shall, in consultation with the department, provide information available to the election division necessary for the department to carry out the requirements of this subdivision.

(10) A maximum of one (1) point if:

(A) a township did not have a candidate on the election ballot for all offices of the township board in either the 2018 or 2022 general election; or

(B) on July 1, 2026, there is at least one (1) vacancy on the township board that has been vacant for at least thirty (30) calendar days.

However, a point may not be assigned to a township under clause (A) if the township did not have a candidate on the ballot in the 2018 or 2022 general election for at least one (1) township board member office and the office was timely filled under IC 3-13-10 or IC 3-13-11 (whichever is applicable) before the date of the first meeting that is required under IC 36-6-6-7 in the year following the general election. The election division (as defined in IC 3-5-2.1-37) shall, in consultation with the department, provide information available to the election division necessary for the department to carry out the requirements of this subdivision.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-8-22-13 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-13
Employer election to meet and confer; termination of duty to meet and confer
Status: in_force

Sec. 13. (a) An employer is not required to meet and confer with an exclusive recognized representative under this chapter unless the exclusive recognized representative has notified the employer in writing that the exclusive recognized representative elects to exercise its rights under this chapter.

(b) Notwithstanding subsection (a), an employer may elect to meet and confer and enter into an agreement under section 12 of this chapter even if the employer did not receive a written notice from an exclusive recognized representative.

(c) Notwithstanding any other provision of this chapter, an employer may elect to terminate its duty to meet and confer with an exclusive recognized representative under this chapter if:

(1) after meeting and conferring with the exclusive recognized representative under section 12 of this chapter, the employer and the exclusive recognized representative are unable to reach a written agreement under this chapter; and

(2) at least fifty percent (50%) of the members of the legislative body of the employer vote to terminate the employer's duty to meet and confer with the exclusive recognized representative under this chapter and written notice of the action of the legislative body is given to the exclusive recognized representative.

(d) An exclusive recognized representative that receives a termination notice from an employer under subsection (c)(2) must wait at least one (1) year after the date the exclusive recognized representative receives the notice to notify the employer of the exclusive recognized representative's election under subsection (a) to exercise its rights under this chapter.

As added by P.L.48-2007, SEC.1. Amended by P.L.3-2008, SEC.268.
Ind. Code § 36-7-11.3-47 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-47
Prohibited results of zoning ordinance or amendment
Status: in_force

Sec. 47. The conclusions required by sections 45 and 46 of this chapter are that the requested variance, the proposed new zoning ordinance, or the amendment to an existing zoning ordinance will not do any of the following:

(1) Tend to undermine or detract from the general residential character of the following:

(A) The primary area.

(B) Primary property.

(C) Secondary property lying between primary property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(2) Affect in an adverse manner the value for single family residential usage of the following:

(A) Primary property.

(B) Secondary property lying between primary property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(3) Alter or adversely affect, either in inherent nature or method of implementation, the historic or architectural character or style of the area comprised of:

(A) primary and secondary property; or

(B) the part of the area comprised of the property lying within five hundred (500) feet of the subject property.

(4) If the request is a zoning variance, violate a rule or regulation that the commission has adopted to accomplish the purposes of this chapter.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-30-22 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-22
Deposits to military base reuse district capital fund and general fund
Status: in_force

Sec. 22. (a) All proceeds from the sale of bonds under section 18 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the property acquisition, redevelopment, and economic development of the military base reuse area. The fund shall be known as the military base reuse district capital fund.

(b) All gifts or donations that are given or paid to the reuse authority or to the unit for military base reuse purposes shall be promptly deposited to the credit of the military base reuse district general fund unless otherwise directed by the grantor. The reuse authority may use these gifts and donations for the purposes of this chapter.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-9-11.1-13 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-13
Sale or lease of space and air rights; treatment of proceeds
Status: in_force

Sec. 13. (a) Space and air rights over a parking facility may be sold or leased to others for a lease period, including options and renewals, not to exceed ninety-nine (99) years, subject to the following:

(1) Any sale or lease must comply with IC 36-1-11.

(2) The deed or lease must specify the initial purpose for which the leased space may be used. If the purpose is to erect in the space a building or other structure attached to the land constituting the site of the parking facility, the deed or lease must require approval by the board of the plans and specifications for any building or structure to be erected and of the manner in which it shall be imposed upon or around the land. In such a case, the deed or lease must provide for use by the purchaser or the lessee of those areas of the surface of the site that are essential for the support of the building or other structure to be erected, as well as for the connection of essential public or private utilities to the building or structure and ingress and egress to and from the building or structure. The costs of common facilities, utilities, ingress, egress, and supports may be apportioned between the parking facilities and the buildings or structures. The deed or lease must provide that if the construction of the initial building or structure is not completed within five (5) years after the date of execution of the deed or lease, the lease is cancellable at the option of the consolidated city, or in the case of sale, the property reverts at the option of the city.

(3) Any building or structure erected in the space sold or leased shall be financed, operated, maintained, and repaired by the lessee or purchaser or assignees or successors in interest separate from the parking facility financed, operated, maintained and repaired by the city, and the city may not have any obligation or liability to the purchaser, assignees, successors in interest, or lessees or creditors of those parties other than to provide the air space so leased or purchased and to permit the use of the site for the necessary supports for the building or structure erected in the leased space, ingress and egress for the building or structure, and the construction of essential public or private utilities.

(4) The deed or lease must require the lessee to carry sufficient public liability and property damage insurance to indemnify the city and protect it from all loss and damage from the hazards and perils normally insured against by insurance arising out of the existence and operation of any building or other structure in the leased or sold space.

(5) Any building or other structure erected above the parking facility is subject to taxes levied on private property unless the building or structure is acquired by the city and wholly used for governmental purposes.

(b) The lease rental or sale price received by the city shall be considered to be revenues of the parking facility or facilities and shall be deposited, handled, and disbursed in the same manner as other revenues of the parking facility or facilities. However, if considering the lease rental or sale price as revenue would result in the revenue bonds constituting industrial development bonds under the Internal Revenue Code as it existed on January 1, 1986, and any applicable regulations under that Code, then the lease rental shall be deposited in the general fund of the city and disbursed in the same manner as other money in the general fund.

As added by Acts 1982, P.L.77, SEC.13. Amended by P.L.2-1987, SEC.52.
Ind. Code § 36-2-9-13 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-13
Appropriations by county fiscal body; accounting; warrants; violation; offense
Status: in_force

Sec. 13. (a) The auditor shall keep a separate account for each item of appropriation made by the county fiscal body, and in each warrant the auditor draws on the county treasury the auditor shall specifically indicate which item of appropriation the warrant is drawn against.

(b) The auditor may not permit an item of appropriation to be overdrawn or to be drawn on for a purpose other than the specific purpose for which it was made.

(c) An auditor who knowingly violates this section commits a Class A misdemeanor.

[Pre-Local Government Recodification Citations: 17-1-24-22; 17-1-24-28.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.55.
Ind. Code § 36-7-4-1512 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1512
Power of legislative body to adopt or amend ordinance
Status: in_force

Sec. 1512. (a) When adopting or amending a PUD district ordinance, the legislative body of a unit may do the following:

(1) Impose reasonable conditions on a proposed planned unit development.

(2) Condition issuance of an improvement location permit on the furnishing of a bond or a satisfactorily written assurance guaranteeing the timely completion of a proposed public improvement in a planned unit development or serving a planned unit development.

(3) Allow or require an owner of real property to make a written commitment in the manner authorized under section 1015 of this chapter.

(b) When recommending adoption of a PUD district ordinance to the legislative body, granting an approval under section 1511 of this chapter, or making a modification under section 1511(b) of this chapter, the bodies or persons authorized under section 1511(c) of this chapter may:

(1) impose the conditions described in subsection (a)(1) and (a)(2); and

(2) allow or require a written commitment as authorized under section 1015 of this chapter.

As added by P.L.320-1995, SEC.42. Amended by P.L.126-2011, SEC.46.
Ind. Code § 36-8-5-1 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter applies to the following:

(1) All municipalities.

(2) A county having a consolidated city that establishes a consolidated law enforcement department under IC 36-3-1-5.1.

(b) Section 2 of this chapter applies to any other political subdivision that employs full-time, fully paid firefighters.

[Pre-Local Government Recodification Citations: Part new; 19-1-6.5-1(c) part.]

As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.227-2005, SEC.38; P.L.1-2006, SEC.574.
Ind. Code § 36-8-10.6-9 — Indiana Code / Title 36 / Article 8 / Chapter 10.6 / Section 36-8-10.6-9
Adoption of rules
Status: in_force

Sec. 9. The department may adopt rules under IC 4-22-2 to carry out this chapter.

As added by P.L.187-2021, SEC.144.
Ind. Code § 36-6-4-11 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-11
Annual meeting; statement of estimated expenditures; forms; amounts
Status: in_force

Sec. 11. (a) At the township legislative body's annual meeting under IC 36-6-6-11, the executive shall:

(1) present an itemized written statement of the estimated expenditures for which appropriations are requested, specifying:

(A) the number of teachers employed;

(B) the salary of each teacher employed;

(C) the property of the township (and supplies on hand);

(D) the estimated value of the property of the township (and supplies on hand);

(E) the supplies necessary for each school; and

(F) the need for township assistance in the township; and

(2) submit to questions from the legislative body or taxpayers concerning expenditures of the township.

(b) The written statement required under subsection (a)(1) must comply with forms prescribed by the state board of accounts and show the amount of each item to be charged against township funds.

[Pre-Local Government Recodification Citation: 17-4-28-3 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.73-2005, SEC.174.
Ind. Code § 36-12-11-13 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-13
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-13.]

As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.36.
Ind. Code § 36-10-10-13 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-13
Lease; notice and hearing; authorization; execution
Status: in_force

Sec. 13. (a) When the authority, the city executive, and a majority of the city legislative body have agreed upon the terms and conditions of a lease, and before the final execution of the lease, a notice shall be given by the city clerk by publication of a public hearing to be held by the city legislative body in the city. The hearing shall be held on a day at least ten (10) days after the publication of notice. The notice of the hearing shall be published one (1) time in a newspaper of general circulation printed in the English language and published in the city.

(b) The notice must name the date, place, and time of the hearing and must set forth a brief summary of the principal terms of the lease, including the character and location of the property to be leased, the lease rental to be paid, the number of years the contract is to be in effect, and where the proposed lease, drawings, plans, specifications, and estimates may be examined. The proposed lease and the drawings, plans, specifications, and estimates of construction cost must be open to inspection by the public during the ten (10) day period and at the meeting.

(c) All interested persons are entitled to be heard at the hearing concerning the necessity for the execution of the lease and whether the lease rental is fair and reasonable. The hearing may be adjourned to a later date with the place to be set before adjournment. Following the hearing the city legislative body and city executive may either authorize the execution of the lease as originally agreed upon or may make modifications that are agreed upon with the authority, the legislative body, and city executive. The authorization must be done by ordinance, which shall be entered in the official records of the legislative body. The lease contract shall be executed on behalf of the city by the executive and attested by the city clerk. It shall be executed on behalf of the authority by the president or vice president and secretary of the board.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-12-7-2 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-2
Board compliance with and participation in statewide library card program; reciprocal borrowing agreement
Status: in_force

Sec. 2. The library board shall:

(1) comply with; and

(2) participate in;

the statewide library card program described in IC 4-23-7.1-5.1. However, the library board may enter into a reciprocal borrowing agreement with another library board under IC 36-1-7 or IC 36-12-3-7 to provide to or receive from the other library board library service.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-1.1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-37-32 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-32
Schedule of amounts paid on bonds
Status: in_force

Sec. 32. (a) If payment is made of principal or interest on bonds issued in anticipation of the collection of special assessments, the municipal fiscal officer shall prepare a schedule showing the following:

(1) All bonds on which payment of principal or interest is made, with the amount paid on each. If payment is not made in full, the fiscal officer shall specify the balance of principal and interest unpaid on each bond.

(2) The total of all principal of and interest on bonds on which no payment is made.

(3) Interest paid on delinquency.

(4) The total amount of principal of and interest on bonds for which a receipt was issued.

(5) The total amount of principal and interest paid on bonds.

(6) The total amount of interest on delinquency paid.

(7) The total balance of principal of and interest on bonds unpaid.

(b) The fiscal officer shall give a copy of the schedule to the bondholder on the surrender of the bondholder's receipt.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-9-6.1-4 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-4
Adoption of resolution for proposed project
Status: in_force

Sec. 4. A works board that wants to proceed with a project in order to carry out a thoroughfare plan may adopt a resolution:

(1) describing the proposed project;

(2) setting out the items necessary for completion of the project;

(3) including complete plans and specifications for all parts of the project other than the appropriation of property;

(4) including an estimate by the civil engineer of the unit of the total cost of the project; and

(5) describing the property benefited by the project, if any, that will be subject to assessment for that benefit.

As added by P.L.220-1986, SEC.30.
Ind. Code § 36-9-13-2 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-2
Governing bodies
Status: in_force

Sec. 2. For purposes of this chapter, the following are considered the governing bodies of their respective eligible entities:

(1) Board of commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1.

(2) County council, for a county subject to IC 36-2-3.5.

(3) City-county council, for a consolidated city or county having a consolidated city.

(4) Common council, for a city other than a consolidated city.

(5) Town council, for a town.

(6) Trustee and township board, for a civil township.

(7) Board of school trustees, board of school commissioners, or school board, for a school corporation.

(8) Board of trustees, for a health and hospital corporation.

[Pre-Local Government Recodification Citation: 19-8-4-27 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1982, P.L.33, SEC.47; P.L.8-1987, SEC.84; P.L.8-1989, SEC.99; P.L.77-2014, SEC.22; P.L.233-2015, SEC.340; P.L.278-2019, SEC.193; P.L.22-2021, SEC.7.
Ind. Code § 36-10-11-35 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-35
Board of managers; preparation and review of annual budget; approval of expenditures
Status: in_force

Sec. 35. (a) The board of managers shall prepare a budget for each calendar year governing the projected operating expenses, the estimated income, and reasonable reserves. It shall submit that budget for review, approval, or addition to the fiscal body of the lessee governmental entity.

(b) The board of managers may not make expenditures except as provided in the approved budget, and all additional expenditures are subject to approval by the fiscal body of the entity.

(c) Payments to the users of a building or a part of it that constitute a contractual share of box office receipts are not considered an operating expense or an expenditure within the meaning of this section, and the board of managers may make those payments without approval.

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.178-2002, SEC.139.
Ind. Code § 36-11-3-13 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-13
Information to be included in ordinance to establish a district
Status: in_force

Sec. 13. An ordinance adopted under section 10 of this chapter to establish a district must state the following:

(1) The name of the district.

(2) The need for the district.

(3) The purpose to be accomplished by the district.

(4) An accurate description of the territory included in the district, which does not have to be given by metes and bounds or by legal subdivisions.

(5) Estimates of the costs of the operations of the district.

(6) The plan for financing the cost of the operations of the district by the county or counties in which the district is located.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-7.5-7-12 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-12
Expiration
Status: in_force

Sec. 12. This chapter expires July 1, 2050.

As added by P.L.195-2023, SEC.7.
Ind. Code § 36-7-18-42 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-42
Joint projects; authorization
Status: in_force

Sec. 42. Two (2) or more housing authorities may join or cooperate with one another in the exercise of any of the powers conferred by this chapter, for the purpose of financing, planning, undertaking, constructing, or operating housing projects located within the jurisdiction of any one (1) or more of the authorities.

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

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-9-33-2 — Indiana Code / Title 36 / Article 9 / Chapter 33 / Section 36-9-33-2
"Solid waste" defined
Status: in_force

Sec. 2. As used in this chapter, "solid waste" has the meaning set forth in IC 36-9-30-2, except that the term does not include the following:

(1) Sludge, sewage, and other highly diluted water-carried materials or substances and those in gaseous forms.

(2) Metal, glass, paper, paperboard, or corrugated material that is stored, collected, or recovered for recycling.

(3) Waste regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14.

(4) Waste generated by any person that disposes of the person's own waste in:

(A) a fully permitted sanitary landfill owned or leased by the person; or

(B) a resource recovery facility owned by the person;

at the date of adoption of the ordinance by the unit.

(5) Waste generated by any agricultural activity.

(6) Waste generated by a new manufacturing or a commercial enterprise or by the expansion of an existing manufacturing or commercial enterprise.

(7) Other waste described in an ordinance adopted by the unit's legislative body.

As added by P.L.353-1985, SEC.2. Amended by P.L.1-1996, SEC.98.
Ind. Code § 36-7-4-1313 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1313
Other permissible fees and charges of adopting unit
Status: in_force

Sec. 1313. This series does not prohibit a unit from doing any of the following:

(1) Imposing a charge to pay the administrative, plan review, or inspection costs associated with a permit for development.

(2) Imposing, pursuant to a written commitment or agreement and as a condition or requirement attached to a development approval or authorization (including permitting or zoning decisions), an obligation to dedicate, construct, or contribute goods, services, land or interests in land, or infrastructure to a unit or to an infrastructure agency. However, if the unit adopts or has already adopted an impact fee ordinance under section 1311 of this chapter the following apply:

(A) The person dedicating, contributing, or providing an improvement under this subsection is entitled to a credit for the improvement under section 1335 of this chapter.

(B) The cost of complying with the condition or requirement imposed by the unit under this subdivision may not exceed the impact fee that could have been imposed by the unit under section 1321 of this chapter for the same infrastructure.

(3) Imposing new permit fees, charges, or assessments or amending existing permit fees, charges, or assessments. However, the permit fees, charges, or assessments must meet the requirements of section 1311(e)(1)(A), 1311(e)(1)(B), and 1311(e)(1)(C) of this chapter.

As added by P.L.221-1991, SEC.14.
Ind. Code § 36-7-15.6-12 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-12
Appeal procedures
Status: in_force

Sec. 12. (a) A person who files a written remonstrance with the commission under section 11 of this chapter and who is aggrieved by the final action taken may, within ten (10) days after that final action, file with the office of the clerk of the circuit or superior court of the county a copy of the commission's resolution and the person's remonstrance against the resolution, together with the person's bond as provided by IC 34-13-5-7.

(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 within thirty (30) days after the time of filing of the appeal. The court shall decide the appeal based on the record and evidence before the commission, not by trial de novo, and may confirm the final action of the commission 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.61-2018, SEC.1.
Ind. Code § 36-1-20-3.5 — Indiana Code / Title 36 / Article 1 / Chapter 20 / Section 36-1-20-3.5
Permit to lease rental units, when authorized; participation in class or program as condition prohibited; section not applicable to registration or inspection programs created before July 1, 1984
Status: in_force

Sec. 3.5. (a) This section does not apply to a political subdivision with a rental registration or inspection program created before July 1, 1984.

(b) A political subdivision may not require a rental unit's owner or landlord to do any of the following:

(1) Except as provided in subsection (c), obtain a permit to lease the rental unit.

(2) Participate in a class or government program as a condition for leasing the rental unit.

(c) Notwithstanding subsection (b), a political subdivision may require a rental unit's owner or landlord to obtain a permit only as follows:

(1) A fee may not be charged to obtain a permit.

(2) Except when there is a change of ownership of the real property, a permit does not expire. A political subdivision may require a new owner of the real estate to obtain a new permit.

(3) Only one (1) permit may be required for a rental unit community.

As added by P.L.193-2014, SEC.5.
Ind. Code § 36-9-42.2-3 — Indiana Code / Title 36 / Article 9 / Chapter 42.2 / Section 36-9-42.2-3
"Federal funds"
Status: in_force

Sec. 3. As used in this chapter, "federal funds" means the total amount of federal transportation funds provided by the federal government to the state.

As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.93.
Ind. Code § 36-8-8.3-5 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-5
Initial determination of impairment for mental illness; two year provisional period
Status: in_force

Sec. 5. (a) The final determination of an impairment for a mental illness is provisional for two (2) years:

(1) for a final determination made after June 30, 2020, from the date of the final determination by the system board under IC 36-8-8-13.1; or

(2) for a final determination made after December 31, 2012, and before July 1, 2020, beginning July 1, 2020.

(b) During the initial two (2) year provisional period, the fund member shall be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member's treating physician.

(c) The employer shall pay for the fund member's mental health care and treatment relating to the disability during the initial two (2) year provisional period.

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-2-10-1 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

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

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-7-2 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-2
Establishment; inapplicability of certain tax
Status: in_force

Sec. 2. (a) The legislative bodies of all the counties in a region may, by concurrent resolutions, request the establishment of a regional planning commission (referred to as a "commission" in this chapter). Official copies of the resolutions must be forwarded to the governor, who shall then appoint himself or herself, or a member of the governor's staff to immediately notify the other members of the commission and to act as temporary chair for the election of officers. The commission shall, by resolution, designate a name for itself that reflects the commission's role and function and that may include the words "Regional Planning Commission".

(b) This subsection applies to each commission established after July 1, 1978. A county participating in a commission is not subject to the tax imposed under section 12 of this chapter, unless all the concurrent resolutions establishing the commission accept the application of the tax.

[Pre-Local Government Recodification Citations: 18-7-1.1-2; 18-7-1.1-3(b).]

As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992, SEC.1; P.L.127-2017, SEC.177.
Ind. Code § 36-2-7-16 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-16
Fee books; inspection; failure to deliver; penalty
Status: in_force

Sec. 16. (a) At each of its meetings, the county executive and its attorney shall inspect the records of county officers who collect fees and compare them with the accounts submitted by those officers.

(b) A county officer who fails to deliver a fee book for inspection under this section shall forfeit one hundred dollars ($100), to be collected by the prosecuting attorney of the county and paid into the common school fund of the county.

[Pre-Local Government Recodification Citation: 5-7-1-18.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-11-13 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-13
Reconstruction, alteration, maintenance, and removal of historic buildings and structures; preservation of historic character
Status: in_force

Sec. 13. (a) A historic building or structure or any part of or appurtenance to such a building or structure, including stone walls, fences, light fixtures, steps, paving, and signs may be moved, reconstructed, altered, or maintained only in a manner that will preserve the historical and architectural character of the building, structure, or appurtenance.

(b) A historic building may be relocated to another site only if it is shown that preservation on its current site is inconsistent with subsection (a).

[Pre-Local Government Recodification Citation: 18-7-22-10.]

As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997, SEC.14.
Ind. Code § 36-7.5-6-10 — Indiana Code / Title 36 / Article 7.5 / Chapter 6 / Section 36-7.5-6-10
Expiration
Status: in_force

Sec. 10. This chapter expires July 1, 2050.

As added by P.L.195-2023, SEC.6.
Ind. Code § 36-10-10-30 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-30
Board of managers; powers
Status: in_force

Sec. 30. The board of managers may supervise, manage, operate, and maintain the convention center and its programs. It may do the following:

(1) Receive and collect money due to or otherwise related to the convention center; 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 convention center.

(3) Lease a part of the convention center 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 the convention center.

(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 and, to the extent that surplus earnings may be made available for the purposes of this chapter, any available surplus earnings of the public utilities owned and operated by the city.

(6) Receive and collect all money due to the use or leasing of the convention center or any part of it and from concessions or other contracts and expend those monies 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 the convention center and employ a building superintendent and other employees that are necessary to properly maintain the convention center.

(11) Prepare and publish descriptive materials and literature relating to the convention center and specifying the advantages of the convention center; do all other acts and things that the board of managers considers necessary to promote and publicize the convention center and serve the commercial, industrial, and cultural interests of Indiana and all its citizens by the use of the convention center; 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 city or by an agency of it when so directed by a resolution adopted by the city legislative body and approved by the city executive.

(13) Exercise other powers and perform other duties not in conflict with this chapter that are specified by ordinance of the city legislative body.

(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.4. Amended by P.L.8-1993, SEC.521.
Ind. Code § 36-7-12-8 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-8
Consolidated cities; commission members; appointment; terms of office
Status: in_force

Sec. 8. (a) This section applies to consolidated cities that establish a department of economic development.

(b) The members of the economic development commission shall be appointed by the city executive. One (1) of the members shall be selected by the city executive, and two (2) shall be nominated by the city fiscal body.

(c) The economic development commissioners shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:

(1) three (3) years, if selected by the city executive;

(2) two (2) years, for one (1) of the two (2) commissioners nominated by the city fiscal body; and

(3) one (1) year, for the remaining commissioner nominated by the city fiscal body.

(d) If the ordinance of the city fiscal body establishing the department of economic development provides for a five (5) member commission, or if the fiscal body later adopts an ordinance increasing the membership from three (3) to five (5), two (2) additional members shall be selected and appointed by the city executive, one (1) for a term of three (3) years and one (1) for a term of one (1) year from February 1 after their appointment.

[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]

As added by Acts 1981, P.L.309, SEC.31.
Ind. Code § 36-8-12-9 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-9
Insurance premiums; payment from general fund
Status: in_force

Sec. 9. All expenses incurred for premiums of the insurance required by this chapter shall be paid out of the general fund of the unit in the same manner as other expenses in the unit are paid.

[Pre-Local Government Recodification Citation: 19-1-40-10.]

As added by Acts 1981, P.L.309, SEC.64.
Ind. Code § 36-7-23-38 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-38
Personnel policies
Status: in_force

Sec. 38. The board shall adopt personnel policies governing the employees of the authority.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-11-10-1 — Indiana Code / Title 36 / Article 11 / Chapter 10 / Section 36-11-10-1
Lien for rates and charges
Status: in_force

Sec. 1. The rates and charges made, assessed, or established under this article against:

(1) a lot;

(2) a parcel of land; or

(3) a building;

that is served by the district are a lien against the lot, parcel of land, or building.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-7-39-10 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-10
Non-state employee members; no per diem; no travel allowance
Status: in_force

Sec. 10. A member of the commission who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1. The member is also not entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties.

As added by P.L.58-2021, SEC.1.
Ind. Code § 36-9-27-11 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-11
Payment of expenses
Status: in_force

Sec. 11. All expenses of the board shall be paid from money appropriated from the county general fund. Claims for expense reimbursements and per diem must be:

(1) accompanied by an itemized written statement;

(2) approved by a recorded motion of the board; and

(3) allowed as provided by statute.

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

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-8-7-6.5 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-6.5
Securing ballots; tampering with ballots
Status: in_force

Sec. 6.5. (a) All ballots voted under this chapter shall be secured until the balloting is closed.

(b) Tampering with a ballot for an election under this chapter is a Class A infraction.

(c) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.

As added by P.L.170-1994, SEC.4. Amended by P.L.227-2005, SEC.43.
Ind. Code § 36-8-6-0.1 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The addition of section 20 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.

(2) The amendments made to section 8 of this chapter by P.L.171-1990 apply to all benefits paid after March 15, 1990.

(3) The amendments made to section 9.8 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1925 police pension fund who dies after June 30, 2008.

As added by P.L.220-2011, SEC.668.
Ind. Code § 36-2-3-7 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-7-b
Meetings; location; duties; special meetings; notice; emergency meetings
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. 7. (a) The fiscal body shall hold its meetings in the county seat, in the county auditor's office, or in another location provided by the county executive and approved by the fiscal body.

(b) The fiscal body:

(1) shall hold a regular meeting in January after its election, for the purpose of organization and other business;

(2) shall hold a regular meeting annually, as prescribed by IC 6-1.1-17, to adopt the county's annual budget and tax rate;

(3) may hold a special meeting under subsection (c) or (d); and

(4) in the case of a county subject to IC 36-2-3.5, shall hold meetings at a regularly scheduled time each month that does not conflict with the meetings of the county executive.

(c) A special meeting of the fiscal body may be called:

(1) by the county auditor or the president of the fiscal body; or

(2) by a majority of the members of the fiscal body.

At least forty-eight (48) hours before the meeting, the auditor, president, or members calling the meeting shall give written notice of the meeting to each member of the fiscal body and publish, at least one (1) day before the meeting, the notice in accordance with IC 5-3-1-1.5. This subsection does not apply to a meeting called to deal with an emergency under IC 5-14-1.5-5.

(d) If a court orders the county auditor to make an expenditure of county money for a purpose for which an appropriation has not been made, the auditor shall immediately call an emergency meeting of the fiscal body to discuss the matter. Notwithstanding subsection (c), the meeting must be held within three (3) working days of the receipt of the order by the auditor, and notice of the meeting day, time, and place is sufficient if:

(1) given by telephone to the members of the fiscal body; and

(2) given according to IC 5-14-1.5.

[Pre-Local Government Recodification Citations: 17-1-24-6 part; 17-1-24-6.5; 17-1-28-7 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.19; Acts 1981, P.L.11, SEC.146; Acts 1981, P.L.17, SEC.13; Acts 1982, P.L.33, SEC.17; P.L.157-2026, SEC.231.
Ind. Code § 36-8-16.7-34 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-34
User's liability for fee; provider's obligation to remit fees collected
Status: in_force

Sec. 34. The statewide 911 fee is the liability of the user and not of a provider. However, except as provided in section 33(d) of this chapter, a provider is liable to remit to the board all statewide 911 fees that the provider collects from users.

As added by P.L.132-2012, SEC.20. Amended by P.L.36-2016, SEC.10; P.L.119-2024, SEC.24.
Ind. Code § 36-7-4-1509 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1509
Requirements of district ordinance
Status: in_force

Sec. 1509. (a) A PUD district ordinance must do one (1) of the following with respect to all, or each different part, of a planned unit development:

(1) Express in general terms the development requirements that apply.

(2) Express in detailed terms the development requirements that apply.

(b) If development requirements are expressed in general terms under subsection (a)(1):

(1) secondary review of the PUD district ordinance must be conducted under subsection (c); and

(2) the zoning ordinance or the PUD district ordinance must specify any plan documentation or supporting information that must be supplied in connection with secondary review under subsection (c).

(c) Secondary review of a PUD district ordinance:

(1) may be conducted by the legislative body or by the person or other body given the authority to conduct secondary review under section 1511(a) of this chapter; and

(2) must be conducted in accordance with procedures established in the zoning ordinance.

(d) The person or body conducting secondary review under subsection (c) shall do the following:

(1) Consider the development requirements expressed in general terms under subsection (a)(1).

(2) If:

(A) applicable development requirements expressed in general terms under subsection (a)(1) are satisfied; and

(B) applicable requirements in the zoning ordinance are satisfied;

grant secondary approval of the PUD district ordinance.

(3) Express in detailed terms any other development requirements that will apply to the planned unit development.

(4) Specify any plan documentation or supporting information that must be supplied before an improvement location permit may be issued for development of real property in the planned unit development district.

(e) If development requirements are expressed in detailed terms under subsection (a)(2), the zoning ordinance or the PUD district ordinance must specify any plan documentation or supporting information that must be supplied before an improvement location permit may be issued for development of real property in the planned unit development district.

As added by P.L.320-1995, SEC.39.
Ind. Code § 36-1-11-3 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-3
Approval
Status: in_force

Sec. 3. (a) This section does not apply to the disposal of real property under section 5, 5.5, 5.9, 8, or 18 of this chapter.

(b) Disposal of real property under this chapter is subject to the approval of:

(1) the executive of the political subdivision or agency; or

(2) the fiscal body of the political subdivision or agency, if there is no executive.

The executive or fiscal body may not approve a disposal of property without conducting a public hearing after giving notice under IC 5-3-1. However, in a municipality the executive shall designate a board or commission of the municipality to give notice, conduct the hearing, and notify the executive of its recommendation.

(c) Except as provided in section 3.2 of this chapter, in addition, the fiscal body of a unit must approve the following:

(1) Every sale of real property that has an appraised value of at least:

(A) except as provided in clause (B) and subsection (d), fifty thousand dollars ($50,000); or

(B) an amount greater than fifty thousand dollars ($50,000) that is specified in an ordinance or a resolution adopted by the fiscal body of the unit under subsection (d).

(2) Every lease of real property for which the total annual rental payments will be twenty-five thousand dollars ($25,000) or more.

(3) Every transfer of real property under section 14 or 15 of this chapter.

(d) The fiscal body of a unit may adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township) to increase the threshold that applies under subsection (c)(1) to an amount greater than fifty thousand dollars ($50,000).

[Pre-Local Government Recodification Citations: 17-2-47-8 part; 17-4-15-1 part; 18-4-5-6 part; 19-6-2-38 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by Acts 1982, P.L.208, SEC.2; P.L.331-1985, SEC.1; P.L.330-1985, SEC.3; P.L.35-1990, SEC.43; P.L.82-1995, SEC.9; P.L.124-1998, SEC.11; P.L.27-2008, SEC.1; P.L.257-2013, SEC.40; P.L.28-2017, SEC.1.
Ind. Code § 36-9-27.8-12 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-12
Right of entry to perform drain repair work
Status: in_force

Sec. 12. (a) A person authorized under section 11(3) of this chapter that is engaged in subdivision drain repair in performance of a contract under this chapter may enter upon, over, or under land, water, or property within a subdivision to perform the subdivision drain repair work.

(b) Except as provided in subsection (c), before a person authorized under section 11(3) of this chapter may enter property within the subdivision, the record owner of the property shall be notified in writing by registered or certified mail not later than twenty (20) days before the date of entry. The person shall present written identification or authorization to the occupant of the property before entering the property.

(c) If the owner of the property consents in writing to the entry, notice is not required under subsection (b).

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-4-3-1.6 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-1.6
Territory covered by lake
Status: in_force

Sec. 1.6. (a) For purposes of this chapter, the acreage of the territory sought to be annexed that is covered by a public or private lake shall not be considered when determining whether the territory meets the population density or subdivision percentages required by this chapter.

(b) This section does not affect the definition of "contiguous" prescribed by section 1.5 of this chapter.

As added by P.L.348-1983, SEC.1.
Ind. Code § 36-8-7.5-1.5 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-1.5
Qualification of 1953 fund under Internal Revenue Code; benefit limitations
Status: in_force

Sec. 1.5. (a) As used in this chapter, "Internal Revenue Code":

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

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

(b) The 1953 fund shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code, as applicable to the 1953 fund. In order to meet those requirements, the 1953 fund is subject to the following provisions, notwithstanding any other provision of this chapter:

(1) The local board shall distribute the corpus and income of the 1953 fund to members and their beneficiaries in accordance with this chapter.

(2) No part of the corpus or income of the 1953 fund may be used or diverted to any purpose other than the exclusive benefit of the members and their beneficiaries.

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

(4) If the 1953 fund is terminated, or if all contributions to the 1953 fund are completely discontinued, the rights of each affected member to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.

(5) All benefits paid from the 1953 fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the 1953 fund is subject to the following provisions:

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

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

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

(6) The local board may not:

(A) determine eligibility for benefits;

(B) compute rates of contribution; or

(C) compute benefits of members or beneficiaries;

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

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

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

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

(c) Notwithstanding any other provision of this chapter, and solely for the purposes of the benefits provided under this chapter, the benefit limitations of Section 415 of the Internal Revenue Code shall be determined by applying the provisions of Section 415(b)(10) of the Internal Revenue Code, as amended by the Technical and Miscellaneous Revenue Act of 1988. This section constitutes an election under Section 415(b)(10)(C) of the Internal Revenue Code to have Section 415(b) of the Internal Revenue Code, other than Section 415(b)(2)(G) of the Internal Revenue Code, applied without regard to Section 415(b)(2)(F) of the Internal Revenue Code (before its repeal on June 7, 2001, by P.L.107-16) to anyone who did not first become a participant before January 1, 1990.

As added by P.L.55-1989, SEC.57. Amended by P.L.4-1990, SEC.17; P.L.42-2011, SEC.83.
Ind. Code § 36-7-30.5-29 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-29
Activities financed by bonds, notes, or warrants
Status: in_force

Sec. 29. (a) To finance activities authorized under this chapter, the development authority may apply for and accept advances, short term and long term loans, grants, contributions, and any other form of financial assistance from the federal government, or from any of its agencies. The development authority may also enter into and carry out contracts and agreements in connection with that financial assistance upon the terms and conditions that the development authority considers reasonable and appropriate, if those terms and conditions are not inconsistent with the purposes of this chapter. The provisions of a contract or an agreement in regard to the handling, deposit, and application of project funds, as well as all other provisions, are valid and binding on the development authority, notwithstanding any other provision of this chapter.

(b) The development authority may issue and sell bonds, notes, or warrants to the federal government to evidence short term or long term loans made under this section, without notice of sale being given or a public offering being made.

(c) Notwithstanding the provisions of this chapter or any other law, the bonds, notes, or warrants issued by the development authority under this section may:

(1) be in the amounts, form, or denomination;

(2) be either coupon or registered;

(3) carry conversion or other privileges;

(4) have a rank or priority;

(5) be of such description;

(6) be secured, subject to other provisions of this section, in such manner;

(7) bear interest at a rate or rates;

(8) be payable as to both principal and interest in a medium of payment, at time or times, which may be upon demand, and at a place or places;

(9) be subject to terms of redemption, with or without premium;

(10) contain or be subject to any covenants, conditions, and provisions; and

(11) have any other characteristics;

that the development authority considers reasonable and appropriate.

(d) Bonds, notes, or warrants issued under this section are not an indebtedness of a unit or taxing district within the meaning of any constitutional or statutory limitation of indebtedness. The bonds, notes, or warrants are not payable from or secured by a levy of taxes, but are payable only from and secured only by any combination of:

(1) income;

(2) funds;

(3) properties of the project becoming available to the development authority under this chapter; or

(4) any other legally available revenues of the development authority;

as the development authority specifies in the resolution authorizing their issuance.

(e) Bonds, notes, or warrants issued under this section are exempt from taxation for all purposes.

(f) Bonds, notes, or warrants issued under this section must be executed by the appropriate officers of a development authority and must be attested by the appropriate officers of a development authority.

(g) Following the adoption of the resolution authorizing the issuance of bonds, notes, or warrants under this section, the development authority shall certify a copy of that resolution to the officers who have duties with respect to bonds, notes, or warrants of the development authority. At the proper time, the development authority shall deliver to the officers the unexecuted bonds, notes, or warrants prepared for execution in accordance with the resolution.

(h) All bonds, notes, or warrants issued under this section shall be sold by the officers of a development authority who have duties with respect to the sale of bonds, notes, or warrants of the development authority. If an officer whose signature appears on any bonds, notes, or warrants issued under this section leaves office before their delivery, the signature remains valid and sufficient for all purposes as if the officer had remained in office until the delivery.

(i) If at any time during the life of a loan contract or agreement under this section the development authority may obtain loans for the purposes of this section from sources other than the federal government at interest rates not less favorable than provided in the loan contract or agreement, and if the loan contract or agreement allows, the development authority may do so and may pledge the loan contract and any rights under the contract as security for the repayment of the loans obtained from other sources. A loan under this subsection may be evidenced by bonds, notes, or warrants issued and secured in the same manner as provided in this section for loans from the federal government. The bonds, notes, or warrants may be sold at either public or private sale, as the development authority considers appropriate.

(j) Money obtained from the federal government or from other sources under this section, and money that is required by a contract or an agreement under this section to be used for project expenditure purposes, repayment of survey and planning advances, or repayment of temporary or definitive loans, may be expended by the development authority without regard to any law concerning the making and approval of budgets, appropriations, and expenditures.

(k) Bonds, notes, or warrants issued under this section are declared to be issued for an essential public and governmental purpose.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-7-32-8.7 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-8.7
"Office"
Status: in_force

Sec. 8.7. As used in this chapter, "office" means the office of entrepreneurship and innovation established by IC 4-3-28.1-3.

As added by P.L.145-2025, SEC.7.
Ind. Code § 36-7-40-4 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-4
Adoption of ordinance establishing economic enhancement district; ordinance requirements
Status: in_force

Sec. 4. After conducting a hearing under section 3.5 of this chapter, the legislative body of a city may adopt an ordinance on or before December 31, 2024, establishing a special assessment district known as the economic enhancement district. The adopting ordinance must contain the following:

(1) The boundaries of the proposed economic enhancement district, which may exceed the boundaries of the Mile Square area of the city. However, the boundary must be the same distance in length on all sides compared to the center of the city, but may not exceed a two (2) mile square.

(2) A finding that the proposed economic enhancement projects will provide special benefits to all property owners of the economic enhancement district.

(3) A finding that excludes the following types of properties from the assessment of benefits:

(A) Any property that receives a homestead standard deduction under IC 6-1.1-12-37.

(B) Any property that is used for multi-unit residential housing.

(C) Any property that is used for single-unit residential housing.

However, notwithstanding the exclusion provisions, an owner of property described in clause (A), (B), or (C) and the owner of any property located outside the economic enhancement district may voluntarily opt-in to include their property in the economic enhancement district assessment of benefits by notifying the county auditor in writing. If a property that is opted into the economic enhancement district assessment of benefits is subsequently sold, the new owner of the property shall have the opportunity to determine whether or not they will opt-in to include the property in the economic enhancement district assessment of benefits. A determination to opt-in to the economic enhancement district assessment of benefits is binding until a property is sold.

(4) The formula to be used for the assessment of benefits, which shall be as follows:

(A) The annual special benefits assessment shall be calculated in a manner that will generate an amount not to exceed five million five hundred thousand dollars ($5,500,000).

(B) For each taxable property in the district, the special benefits assessment shall be calculated as follows:

(i) Residential properties shall be assessed a flat fee of two hundred fifty dollars ($250) each.

(ii) All other nonresidential taxable property shall be assessed at a rate equal to the total budget amount minus the total amount raised from residential properties divided by the total assessed value of all the nonresidential taxable property in the district. This fraction shall be considered the economic enhancement district assessment rate. The economic enhancement district assessment rate shall be multiplied by the assessed value of any nonresidential taxable property to determine that property's assessment.

(5) An expiration date of the economic enhancement district, which may not be later than ten (10) years from the date of the adoption of the ordinance and may not be renewed. The adopting ordinance must establish an economic enhancement district board.

As added by P.L.201-2023, SEC.279. Amended by P.L.9-2024, SEC.555; P.L.136-2024, SEC.55; P.L.169-2024, SEC.3.
Ind. Code § 36-9-11.1-8 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-8
Purchase of property without entire air rights; attached buildings or structures; costs of common facilities
Status: in_force

Sec. 8. (a) Real property constituting the site of parking facilities may be purchased by the board without purchasing the entire air rights over the site. In this event, a building, buildings, or other structures may be attached to the site of the parking facility if the board approves the plans and specifications and the manner in which it shall be imposed upon or around the real property.

(b) In such a case the board may enter into an agreement to provide for use by the building, buildings, or structures of such areas of the surface of the site as may be essential for the support of the building or other structures to be erected, as well as for the connection of essential public or private utilities to the building, buildings, or structures and ingress and egress for the building, buildings, or structures. The costs of common facilities, utilities, ingress, egress, and supports may be apportioned between the parking facilities and the buildings or structures.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-10-2-4 — Indiana Code / Title 36 / Article 10 / Chapter 2 / Section 36-10-2-4
Libraries, museums, and other facilities and programs
Status: in_force

Sec. 4. A unit may establish, aid, maintain, and operate libraries and museums, cultural, historical, and scientific facilities and programs, and community restitution or service facilities and programs.

[Pre-Local Government Recodification Citations: 18-1-1.5-7(l); 18-1-1.5-14(d); 18-1-1.5-14(g).]

As added by Acts 1980, P.L.211, SEC.5. Amended by P.L.32-2000, SEC.26.
Ind. Code § 36-8-8-11.5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-11.5
Reemployment after retirement
Status: in_force

Sec. 11.5. (a) This subsection applies to a fund member who is less than fifty-five (55) years of age on the date on which the fund member retires. Not less than thirty (30) days after a fund member retires from a position covered by this chapter, the fund member may:

(1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter; and

(2) continue to receive the fund member's retirement benefit under this chapter.

(b) This subsection applies to a fund member who is at least fifty-five (55) years of age on the date on which the fund member retires. In accordance with the federal Pension Protection Act of 2006 (P.L.109-280) and unless otherwise prohibited by law, a fund member may:

(1) be rehired by the same unit that employed the fund member in a position covered by this chapter for a position not covered by this chapter without a minimum period of separation from employment; and

(2) continue to receive the fund member's retirement benefit under this chapter.

(c) This section may be implemented unless the system board receives from the Internal Revenue Service a determination that prohibits the implementation.

As added by P.L.130-2008, SEC.7. Amended by P.L.35-2012, SEC.125; P.L.241-2015, SEC.45.
Ind. Code § 36-1.5-4.1-32 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-32
Promoting a position on reorganization
Status: in_force

Sec. 32. (a) Except as otherwise provided in this section, until the final plan of reorganization is approved by the legislative body of the recipient municipality, the recipient municipality or designated township may not promote a position on the reorganization by doing any of the following:

(1) Using facilities or equipment, including mail and messaging systems, owned by the recipient municipality or designated township to promote a position on the reorganization, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the recipient municipality or designated township.

(2) Making an expenditure of money from a fund controlled by the recipient municipality or designated township to promote a position on the reorganization.

(3) Using an employee to promote a position on the reorganization during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the public question at any time. However, if a person described in subsection (c) is advocating for or against a position on the reorganization or discussing the reorganization as authorized under subsection (c), an employee of the recipient municipality or designated township may assist the person in presenting information on the reorganization if requested to do so by the person described in subsection (c).

However, this section does not prohibit an official or employee of the recipient municipality or designated township from carrying out duties with respect to a reorganization that are part of the normal and regular conduct of the official's or employee's office or agency, including the furnishing of factual information regarding the reorganization in response to inquiries from any person.

(b) This subsection does not apply to:

(1) a personal expenditure to promote a position on a reorganization by an employee of the recipient municipality or designated township whose employment is governed by a collective bargaining contract or an employment contract; or

(2) an expenditure to promote a position on a reorganization by a person or an organization that has a contract or an arrangement (whether formal or informal) with the recipient municipality or designated township solely for the use of the political subdivision's facilities.

A person or an organization that has a contract or arrangement (whether formal or informal) with the recipient municipality or designated township to provide goods or services to the recipient municipality or township may not spend any money to promote a position on the reorganization. A person or an organization that violates this subsection commits a Class A infraction.

(c) Notwithstanding any other law, an elected or appointed official of a recipient municipality or designated township may:

(1) personally advocate for or against a position on a reorganization; or

(2) discuss the reorganization with any individual, group, or organization or personally advocate for or against a position on a reorganization before any individual, group, or organization;

so long as it is not done by using public funds. Advocacy or discussion allowed under this subsection is not considered a use of public funds.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-7-4-1206 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1206
Township joinder; limitations on choice of municipality
Status: in_force

Sec. 1206. (a) ADVISORY. If a township is partially within the corporate boundaries of a municipality or is partially within the jurisdictional limits of a municipality, as specified in section 205 of the advisory planning law, it may seek joinder only with that municipality.

(b) ADVISORY. If a township is within the jurisdictional limits of two (2) municipalities and one (1) of those municipalities is exercising control within the jurisdictional limit, the township must first seek joinder with that municipality. If both municipalities are exercising jurisdiction, then the township may choose the municipality with which it wants to join.

[Pre-Local Government Recodification Citations: 18-7-4-1206; 18-7-6-7.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-8-17-3 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-3
"Fire safety law"
Status: in_force

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

Sec. 3. As used in this chapter, "fire safety law" means any law, including rules and orders of the commission, safeguarding life or property from the hazards of fire or explosion.

As added by P.L.245-1987, SEC.21.
Ind. Code § 36-8-8.3-3 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-3
"System board"
Status: in_force

Sec. 3. As used in this chapter, "system board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-4-8-6 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-6
Repealed
Status: repealed

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

As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.
Ind. Code § 36-8-16.7-17 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-17
"Prepaid user"
Status: in_force

Sec. 17. As used in this chapter, "prepaid user" has the meaning set forth in IC 36-8-16.6-6.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-3-6-10 — Indiana Code / Title 36 / Article 3 / Chapter 6 / Section 36-3-6-10
Allotment of appropriations by controller
Status: in_force

Sec. 10. (a) As used in this section, "appropriation adopted by the county fiscal body" means all appropriations, including any additional or supplemental appropriations, made by the county fiscal body for the calendar year covered by the allotment schedule.

(b) As used in this section, "office, department, or agency" means any office, department, or agency of the consolidated city or the county having a consolidated city.

(c) Each year shall be divided into two (2) semiannual allotment periods, beginning respectively on the first day of January and July. However, in any case where the semiannual allotment period is impracticable, the controller may prescribe a different period suited to the circumstances but not extending beyond the end of any calendar year.

(d) Except as provided in subsection (e), the allotment system and the encumbering of funds apply to appropriations and funds of all kinds, including dedicated funds from which expenditures are made under the authority of any office, department, or agency.

(e) The allotment system does not apply to the following:

(1) Money made available for the purpose of conducting a post-audit of financial transactions of any office, department, or agency.

(2) Appropriations for construction or for the acquisition of real estate for public purposes that are exempted from the allotment system by the executive of the consolidated city.

(f) An appropriation to any office, department, or agency is not available for expenditure until allotted by the controller.

(g) The controller shall prescribe the form of a request for allotment.

(h) Not later than December 1, each office, department, or agency shall submit to the controller a proposed semiannual allotment schedule for the succeeding calendar year. The proposed allotment schedule must reflect the amounts appropriated, by fund and character, by the county fiscal body for the calendar year.

(i) Not later than December 15, the controller shall make a determination as to whether the anticipated revenues for the succeeding calendar year will be adequate to support the appropriations adopted by the county fiscal body for the succeeding calendar year. The controller's determination must take into consideration the need to maintain adequate reserves for the city and county.

(j) If, in the controller's judgment, the anticipated revenues are adequate to support the appropriation adopted by the county fiscal body, the controller shall approve the proposed allotment schedule as submitted by an office, department, or agency.

(k) If, in the controller's judgment, the anticipated revenues are not adequate to support the appropriation adopted by the county fiscal body, the controller shall revise the proposed allotment schedule as submitted by an office, department, or agency to reflect anticipated revenues.

(l) If, after the controller approves the allotment schedule under subsection (j), the controller determines during the calendar year that the anticipated revenues are not adequate to support the appropriation adopted by the county fiscal body, the controller may revise the proposed allotment schedules as submitted by an office, department, or agency to reflect anticipated revenues.

(m) If, after the controller revises the proposed allotment schedule under subsection (k), the controller determines during the calendar year that the anticipated revenues are adequate to support the appropriation adopted by the county fiscal body, the controller shall revise the proposed allotment schedules up to one hundred percent (100%) of the amount of the appropriation adopted by the county fiscal body for an office, department, or agency.

(n) The controller shall notify every office, department, or agency of the allotments:

(1) at least five (5) days before the beginning of each allotment period; and

(2) not more than five (5) days after the beginning of a revised allotment period under subsection (k) or (l).

The controller shall promptly transmit records of all allotments and modifications to the county auditor and the county fiscal body. If the controller proposes to reduce the allotment schedule in excess of five percent (5%) of the total amount of the appropriation adopted by the county fiscal body, the controller shall submit a fiscal justification to the county fiscal body before the beginning of the revised allotment period.

As added by P.L.266-2013, SEC.10.
Ind. Code § 36-9-22.5-1 — Indiana Code / Title 36 / Article 9 / Chapter 22.5 / Section 36-9-22.5-1
"Qualified inspector"
Status: in_force

Sec. 1. As used in this chapter, "qualified inspector", with respect to an onsite sewage system, means any of the following:

(1) An employee of a local health department who is designated by the local health department as having knowledge of onsite sewage systems sufficient to determine whether an onsite sewage system is failing.

(2) An individual who is certified by the Indiana Onsite Wastewater Professionals Association as an onsite sewage system installer or inspector.

(3) An individual listed by:

(A) the Indiana department of health; or

(B) the local health department with jurisdiction over the service area of the property inspected;

as having sufficient knowledge of onsite sewage systems to determine whether an onsite sewage system is failing.

As added by P.L.150-2019, SEC.2. Amended by P.L.56-2023, SEC.335.
Ind. Code § 36-8-10.7-4 — Indiana Code / Title 36 / Article 8 / Chapter 10.7 / Section 36-8-10.7-4
"State agency"
Status: in_force

Sec. 4. As used in this chapter, "state agency" means any agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government.

As added by P.L.22-2020, SEC.1.
Ind. Code § 36-8-9-2 — Indiana Code / Title 36 / Article 8 / Chapter 9 / Section 36-8-9-2
Establishment of board
Status: in_force

Sec. 2. The legislative body of a town may by ordinance:

(1) abolish the office of town marshal; and

(2) establish a board of metropolitan police commissioners (referred to as "the board" in this chapter).

[Pre-Local Government Recodification Citation: 19-1-25-1 part.]

As added by Acts 1981, P.L.309, SEC.60. Amended by P.L.3-1987, SEC.567; P.L.101-1998, SEC.4.
Ind. Code § 36-9-27-72 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-72
Private crossings, control dams, or other permanent structures; removal, replacement, and maintenance
Status: in_force

Sec. 72. (a) When, in the reconstruction or periodic maintenance of a regulated drain, the county surveyor determines that a private crossing will not adequately handle the flow of water from the drain or will be endangered by such flow, the county surveyor shall in the county surveyor's plans call for the removal of the crossing.

(b) The replacement of a private crossing, when necessary, may be accomplished as a part of the work of the reconstruction or maintenance. The estimate by the county surveyor of the cost for the replacement shall be assessed against the land that would otherwise be deprived of ingress and egress. However, when a private crossing has been lawfully established and maintained, the board may assess any part of the cost of its replacement against all affected lands.

(c) A private crossing, control dam, or other permanent structure may not be placed over or through an open drain unless the plans and specifications for the structure are first approved by the county surveyor. The county surveyor shall disapprove the plans and specifications if they do not show that the structure will meet hydraulic requirements that will permit the drain to function properly.

(d) All maintenance of a private crossing or of a private structure within the drain, whether privately constructed or constructed as a part of work on a drain under this chapter, is the responsibility of the owners of land served by the private crossing or structure. The owners are directly responsible for any obstruction or damage to the drain that results from the existence of the private crossing or structure, notwithstanding any other provisions of this chapter.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.16; P.L.127-2017, SEC.358.
Ind. Code § 36-10-9-6.5 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-6.5
Prohibition on certain contract limitations for a project
Status: in_force

Sec. 6.5. (a) The following definitions apply throughout this section:

(1) "Contract" includes a lease or other agreement.

(2) "Contract limitation" refers to a bid specification, project agreement, lease provision, or other contract document that does any of the following:

(A) Requires a bidder, offeror, or contractor in any contractor tier to enter into or adhere to an agreement with a labor organization relating to a project.

(B) Prohibits a bidder, offeror, or contractor in any contractor tier from entering into or adhering to an agreement with a labor organization relating to a project.

(C) Discriminates against a bidder, offeror, or contractor in any contractor tier for any of the following:

(i) Becoming or remaining a signatory to an agreement with a labor organization relating to a project.

(ii) Refusing to become or remain a signatory to an agreement with a labor organization relating to a project.

(iii) Adhering or refusing to adhere to an agreement with a labor organization relating to a project.

(3) "Project" refers to a project of the board for the construction or lease of a facility and all buildings, facilities, structures, and improvements related to that facility to be financed in whole or in part from funds derived from the establishment of a tax area under IC 36-7-31.5.

(4) "Public benefit" refers to a grant, a tax abatement, a tax credit, or establishment or use of tax area revenues related to a project.

(b) A contract under this chapter or another law relating to a project may not require a contractor or subcontractor to enter into a contract limitation as a condition of being awarded and performing work on the contract. Any such provision is void.

(c) A public entity may not award a public benefit that is conditioned upon a requirement that the person awarded the public benefit include a contract limitation in a contract document related to a project. Any such provision is void.

As added by P.L.109-2019, SEC.19.
Ind. Code § 36-9-36-55 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-55
Foreclosure sales; irregularities; redemption
Status: in_force

Sec. 55. (a) An irregularity or error in making a foreclosure sale under this chapter does not make the sale ineffective, unless the irregularity or error substantially prejudiced the property owner.

(b) A property owner has two (2) years from the date of sale in which to redeem the owner's property. The property owner may redeem the owner's property by paying the principal, interest, and costs of the judgment, plus interest on the principal, interest, and costs at the rate prescribed by IC 6-1.1-37-9(b).

(c) If the property is not redeemed, the sheriff shall execute a deed to the purchaser. The deed relates back to the final letting of the contract for the improvement and is superior to all liens, claims, and interests, except liens for taxes.

As added by P.L.98-1993, SEC.7. Amended by P.L.67-2006, SEC.15; P.L.113-2010, SEC.155.
Ind. Code § 36-10-4-8 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-8
Taxing district for levying special benefit taxes
Status: in_force

Sec. 8. All of the area:

(1) within the corporate boundaries of a city; and

(2) in unincorporated areas of the county to which the district has been extended;

constitutes a taxing district for levying special benefit taxes for park purposes as provided in this chapter. Area added to the district under section 5 of this chapter is considered to have received a special benefit from the park facilities of the district equal to or greater than the special taxes imposed on the area by this chapter in order to pay all or a part of the cost of the facilities.

[Pre-Local Government Recodification Citations: 19-7-9-4 part; 19-7-30-8 part.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-7-15.6-3 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-3
"Board of public works"
Status: in_force

Sec. 3. As used in this chapter, "board of public works" refers to the board of public works of the consolidated city.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-1.5-4.1-18 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-18
Urban and rural township services districts
Status: in_force

Sec. 18. (a) This section applies if a part of the reorganized township is located outside the boundaries of the municipality.

(b) The municipality shall establish:

(1) an urban township services district consisting of the area of the designated township that is located within the boundaries of the municipality; and

(2) a rural township services district consisting of the area of the designated township located outside the boundaries of the municipality.

(c) Subject to subsection (d), a tax levied under this section may be levied at:

(1) a uniform rate upon all taxable property within the designated township; or

(2) different rates for the township service districts included within the designated township, so long as a tax rate applies uniformly to all of a township service district's taxable property within the designated township.

(d) If a uniform tax rate is levied upon all taxable property within a designated township upon reorganization, different tax rates may be levied for the township service districts included within the designated township in subsequent years.

(e) Not later than October 1 of a year, the municipality shall submit the township services district levy for the rural township service district to the county fiscal body for its approval. Not later than October 15 of the year, the county fiscal body shall review the proposed township service district levy for the rural township service district. The county fiscal body may reduce or modify but not increase the proposed township service district levy.

(f) If:

(1) the municipality fails to adopt a township service district levy; or

(2) a county fiscal body does not adopt the township service district levy for a rural township district within the time specified under subsection (c);

the township service district's most recent township service district levy approved by the municipality or county, whichever is appropriate, is continued for the ensuing budget year.

(g) A tax levied by the recipient municipality under this chapter after December 31, 2028, shall:

(1) be in an amount sufficient for the recipient municipality to provide township services within a township service district; and

(2) include amounts necessary to continue payment of any debt service or obligation incurred by the township before January 1, 2029, in accordance with the terms of the debt service or obligation incurred.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-9-6-7 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-7
Streets, alleys, wharves, and public places; improvements and repairs
Status: in_force

Sec. 7. The works board may design, order, contract for, and execute all work required to improve or repair any street, alley, wharf, or public place within the city.

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

As added by Acts 1981, P.L.309, SEC.79.