Ind. Code § 36-12-2-25 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-25
Local library cards; fees; penalties for loss or damage of library property
Status: in_force

Sec. 25. (a) The residents or real property taxpayers of the library district taxed for the support of the library may use the facilities and services of the public library without charge for library or related purposes. However, the library board may:

(1) fix and collect fees and rental charges; and

(2) assess fines, penalties, and damages for the:

(A) loss of;

(B) damage to; or

(C) failure to return;

any library property or material.

(b) A library board may issue local library cards to:

(1) residents and real property taxpayers of the library district; and

(2) individuals who are not residents of the library district.

(c) Except as provided in subsection (e), a library board must set and charge a fee for a local library card issued under subsection (b)(2).

(d) The minimum fee that the board may set under subsection (c) is the greater of the following:

(1) The library district's operating fund expenditure per capita in the most recent year for which that information is available in the Indiana state library's annual "Statistics of Indiana Libraries".

(2) Twenty-five dollars ($25).

(e) A library board may issue a local library card without charge or for a reduced fee to an individual who is not a resident of the library district and who is:

(1) a student enrolled in or a teacher in a public school corporation or nonpublic school:

(A) that is located at least in part in the library district; and

(B) in which students in any grade from preschool through grade 12 are educated;

(2) a child receiving foster care services;

(3) a library employee of the district; or

(4) a student enrolled in a college or university that is located at least in part of the library district;

if the board adopts a resolution that is approved by an affirmative vote of a majority of the members appointed to the library board.

(f) A library card issued under subsection (b)(2) or (e) may be valid for a maximum of one (1) year after issuance. A card issued under subsection (b)(2) that is valid for less than one (1) year must be sold at a fee prorated to the equivalent of the annual fee prescribed under subsection (d).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-8.]

As added by P.L.1-2005, SEC.49. Amended by P.L.91-2009, SEC.1; P.L.113-2010, SEC.160; P.L.84-2012, SEC.22; P.L.13-2013, SEC.155; P.L.203-2016, SEC.27; P.L.42-2018, SEC.32; P.L.88-2020, SEC.6.
Ind. Code § 36-1-24-17 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-17
Permits; nontransferable to a new owner
Status: reserved

Sec. 17. If an owner sells all or part of a permitted property, the permit may not be transferred to the new owner. The new owner must submit an application for a new permit.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-7-23-54 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-54
Corporations permitted to lease infrastructures to authorities
Status: in_force

Sec. 54. A nonprofit or for profit corporation organized under Indiana law or admitted to do business in Indiana may lease facilities referred to in section 53 of this chapter to an authority under this chapter.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.179-1991, SEC.33.
Ind. Code § 36-2-14-16 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-16
Counties over 400,000 population; disposition of unclaimed bodies
Status: in_force

Sec. 16. (a) This section applies to each county having a population of more than four hundred thousand (400,000).

(b) For purposes of this section, a body is unclaimed if:

(1) a person cannot be located to take custody of the body; or

(2) there is a person to take custody of the body, but that person cannot or will not assume financial responsibility for disposition of the body.

(c) Except as provided in IC 21-44-2, the coroner may order the burial or cremation of any unclaimed body left in the coroner's custody.

(d) If the deceased died without leaving money or other means necessary to defray the funeral expenses, the coroner may contract with a funeral director licensed under IC 25-15 to dispose of the body. The necessary and reasonable expenses for disposing of the body shall be paid by the county auditor upon the order of the coroner.

As added by P.L.106-1986, SEC.3. Amended by P.L.3-1990, SEC.123; P.L.2-2007, SEC.385.
Ind. Code § 36-4-2-17 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-17
Effect of merger; ordinances, rules, and resolutions; continuation
Status: repealed

Sec. 17. After a merger under this chapter takes effect, the ordinances, rules, resolutions, bylaws, and regulations of each of the merging municipalities remain in force within the territory to which they applied before the merger, and continue in force until amended or repealed by the legislative body or an administrative body of the new municipality.

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

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-4-3-11.2 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-11.2
Remonstrance signature requirements; remonstrance forms; procedure
Status: in_force

Sec. 11.2. (a) This section applies only to an annexation ordinance adopted after June 30, 2015.

(b) A remonstrance petition may be filed by an owner of real property that:

(1) is within the area to be annexed;

(2) was not exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year; and

(3) is not subject to a valid waiver of remonstrance.

(c) A remonstrance petition must comply with the following in order to be effective:

(1) Each signature on a remonstrance petition must be dated, and the date of the signature may not be earlier than the date on which the remonstrance forms may be issued by the county auditor under subsection (e)(7).

(2) Each person who signs a remonstrance petition must indicate the address of the real property owned by the person in the area to be annexed.

(3) A remonstrance petition must be verified in compliance with subsection (e).

(d) The state board of accounts shall design the remonstrance forms to be used solely in the remonstrance process described in this section. The state board of accounts shall provide the forms to the county auditor in an electronic format that permits the county auditor to copy or reproduce the forms using:

(1) the county auditor's own equipment; or

(2) a commercial copying service.

The annexing municipality shall reimburse the county auditor for the cost of reproducing the remonstrance forms.

(e) The county auditor's office shall issue remonstrance forms accompanied by instructions detailing all of the following requirements:

(1) The closing date for the remonstrance period.

(2) Only one (1) person having an interest in each single property as evidenced by the tax duplicate is considered an owner of property and may sign a remonstrance petition. A person is entitled to sign a petition only one (1) time in a remonstrance process, regardless of whether the person owns more than one (1) parcel of real property.

(3) An individual may not be:

(A) compensated for; or

(B) reimbursed for expenses incurred in;

circulating a remonstrance petition and obtaining signatures.

(4) The remonstrance petition may be executed in several counterparts, the total of which constitutes the remonstrance petition. An affidavit of the person circulating a counterpart must be attached to the counterpart. The affidavit must state that each signature appearing on the counterpart was affixed in the person's presence and is the true and lawful signature of the signer. The affidavit must be notarized.

(5) A remonstrance petition that is not executed in counterparts must be verified by the person signing the petition in the manner prescribed by the state board of accounts and notarized.

(6) A remonstrance petition may be delivered to the county auditor's office in person or by:

(A) certified mail, return receipt requested; or

(B) any other means of delivery that includes a return receipt.

The remonstrance petition must be postmarked not later than the closing date for the remonstrance period.

(7) The county auditor's office may not issue a remonstrance petition earlier than the day that notice is published under section 11.1 of this chapter. The county auditor's office shall certify the date of issuance on each remonstrance petition. Any person may pick up additional copies of the remonstrance petition to distribute to other persons.

(8) A person who signs a remonstrance petition may withdraw the person's signature from a remonstrance petition before a remonstrance petition is filed with the county auditor by filing a verified request to remove the person's name from the remonstrance petition. Names may not be added to a remonstrance petition after the remonstrance petition is filed with the county auditor.

(f) The county auditor shall prepare and update weekly a list of the persons who have signed a remonstrance petition. The list must include a statement that the list includes all persons who have signed a remonstrance petition as of a particular date, and does not represent a list of persons certified by the county auditor as actual landowners in the annexation territory using the auditor's current tax records under subsection (i). The county auditor shall post the list in the office of the county auditor. The list is a public record under IC 5-14-3.

(g) Not later than five (5) business days after receiving the remonstrance petition, the county auditor shall submit a copy of the remonstrance petition to the legislative body of the annexing municipality.

(h) Not later than fifteen (15) business days after the legislative body of the annexing municipality receives a copy of the remonstrance petition from the county auditor, the annexing municipality shall provide documentation to the county auditor regarding any valid waiver of the right of remonstrance that exists on the property within the annexation territory.

(i) Not later than fifteen (15) business days after receiving the documentation regarding any valid waiver of the right of remonstrance from the annexing municipality under subsection (h), if any, the county auditor's office shall make a final determination of the number of owners of real property within the territory to be annexed:

(1) who signed the remonstrance; and

(2) whose property is not subject to a valid waiver of the right of remonstrance;

using the auditor's current tax records as provided in section 2.2 of this chapter. The county auditor shall file a certificate with the legislative body of the annexing municipality certifying the number of property owners not later than five (5) business days after making the determination.

As added by P.L.228-2015, SEC.14. Amended by P.L.206-2016, SEC.5.
Ind. Code § 36-7-15.1-3.5 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-3.5
Redevelopment commission in consolidated city; controller disbursements before approval; accounting for redevelopment commission funds; short term borrowing by unit
Status: in_force

Sec. 3.5. (a) The controller of the consolidated city is the fiscal officer of a commission subject to this chapter.

(b) The controller may obtain financial services on a contractual basis for purposes of carrying out the powers and duties of the commission and protecting the public interests related to the operations and funding of the commission. Subject to subsection (c), the controller has charge over and is responsible for the administration, investment, and disbursement of all funds and accounts of the commission in accordance with the requirements of state law that apply to other funds and accounts administered by the controller.

(c) The controller may disburse funds of the commission only after the commission allows and approves the disbursement. However, the commission may, by rule or resolution, authorize the controller to make certain types of disbursements before the commission's allowance and approval at its next regular meeting.

(d) The following apply to funds of the redevelopment commission:

(1) The funds must be accounted for separately by the unit establishing the redevelopment commission and the daily balance of the funds must be maintained in a separate ledger statement.

(2) Except as provided in subsection (e), all funds designated as redevelopment commission funds must be accessible to the redevelopment commission at any time.

(3) The amount of the daily balance of redevelopment commission funds shall be not below zero (0) at any time.

(4) The funds may not be maintained or used in a manner that is intended to avoid the waiver procedures and requirements for a unit and the redevelopment commission under subsection (e).

(e) If the fiscal body of the unit determines that it is necessary to engage in short-term borrowing until the next tax collection period, the fiscal body of the unit may request approval from the redevelopment commission to waive the requirement in subsection (d)(2). In order to waive the requirement under subsection (d)(2), the fiscal body of the unit and the redevelopment commission must adopt similar resolutions that set forth:

(1) the amount of the funds designated as redevelopment commission funds that are no longer accessible to the redevelopment commission under the waiver; and

(2) an expiration date for the waiver.

If a loan is made to a unit from funds designated as redevelopment funds, the loan must be repaid by the unit and the funds made accessible to the redevelopment commission not later than the end of the calendar year in which the funds are received by the unit.

(f) Subsections (d) and (e) do not restrict transfers or uses by a redevelopment commission made to meet commitments under a written agreement of the redevelopment commission that was entered into before January 1, 2016, if the written agreement complied with the requirements existing under the law at the time the redevelopment commission entered into the written agreement.

As added by P.L.149-2014, SEC.31. Amended by P.L.5-2015, SEC.68; P.L.87-2015, SEC.7; P.L.204-2016, SEC.34; P.L.85-2017, SEC.123.
Ind. Code § 36-9-38-12 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-12
Association established under IC 36-9-38-8; articles; amendment; property owners subsequently becoming members
Status: in_force

Sec. 12. (a) The articles of association may be amended upon the recommendation of the directors and the approval of two-thirds (2/3) of all members of the association at a meeting called for that purpose. Amended articles must be signed and acknowledged by a majority of the directors. A copy of all amendments shall be filed with the municipal works board and recorded in the office of the county recorder.

(b) A copy of the articles of association, with any amendments, shall be kept available at the office of the agent of the association during regular business hours for signature by an owner of real property who desires to become a member of the association by signing the copy and by paying any membership fee and any annual dues.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-9-30-3 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-3
Facilities for collection and disposal; revenue bonds to pay costs
Status: in_force

Sec. 3. A unit may establish, acquire, construct, install, operate, and maintain facilities for the collection and disposal of solid waste in order to secure the collection and disposal of solid waste accumulated inside or outside the corporate boundaries of the unit. The unit may issue revenue bonds to pay all or part of the costs of the facilities.

[Pre-Local Government Recodification Citation: 19-2-1-3 part.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-2-4-7 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-7
Consent to pass ordinance; inapplicability to additional appropriations and zoning ordinances
Status: in_force

Sec. 7. (a) This section does not apply to:

(1) an ordinance of a county fiscal body for additional appropriations; or

(2) a zoning ordinance or amendment to a zoning ordinance that is adopted under IC 36-7.

(b) Unanimous consent of the members present is required to pass an ordinance on the same day or at the same meeting at which it is introduced.

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

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.335-1985, SEC.31.
Ind. Code § 36-2-7-10.1 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-10.1
Supplying bulk form copies to bulk form users; ordinance; bulk user written request; contract; bulk form copy fees; use of fees; use of bulk form copies; termination of contract; section not applicable to enhanced access
Status: in_force

Sec. 10.1. (a) The following definitions apply throughout this section:

(1) "Bulk form copy" means an aggregation of:

(A) copies of all recorded documents received by the county recorder for recording in a calendar day, week, month, or year;

(B) the indices for finding, retrieving, and viewing all recorded documents received by the county recorder for recording in a calendar day, week, month, or year; or

(C) the items under both clauses (A) and (B).

(2) "Bulk user" means an individual, a corporation, a partnership, a limited liability company, or an unincorporated association that receives bulk form copies under a contract with the county recorder.

(3) "Copy" means a reproduction, including an image of a recorded document or indices created by:

(A) duplicating electronically stored data onto a disk, tape, drum, or any other medium of electronic data storage; or

(B) reproducing on microfilm.

(4) "Indices" means all of the indexing information used by the county recorder for finding, retrieving, and viewing a recorded document.

(5) "Recorded document" means a writing, a paper, a document, a plat, a map, a survey, or anything else received at any time for recording or filing in the public records maintained by the county recorder or the county recorder's designee.

(b) A county executive shall establish by ordinance the manner and form in which the county recorder may provide bulk form copies to bulk users. The ordinance must establish whether the county recorder may provide bulk form copies to a bulk user:

(1) on a disk, tape, drum, or any other medium of electronic data storage or microfilm;

(2) by electronically transmitting the copies using an electronic transfer process; or

(3) under both subdivisions (1) and (2).

(c) A bulk user must submit a written request to the county recorder that identifies the requested bulk form copies with reasonable particularity. Unless the request is refused under subsection (j), upon receipt of a valid written request the county recorder or the county recorder's designee shall provide the bulk form copies to the bulk user by the method or methods established by ordinance. The bulk form copies shall be provided within a reasonable time after the later of the following events:

(1) The recorder's archival process is completed and bulk form copies become available in the county recorder's office.

(2) The bulk form user executes a contract that meets the requirements of subsection (g) with:

(A) the county recorder; and

(B) if the county recorder uses a third party to provide bulk copy services, the county recorder's designee.

The county recorder or the county recorder's designee shall work with reasonable diligence to ensure that bulk form copies are timely produced to the bulk user.

(d) The county recorder shall charge a fee for producing bulk form copies. Except as provided in subsection (e), the amount of the fee shall be as follows:

(1) Ten cents ($0.10) per page for a copy of a recorded document, including the instrument's book and page, if applicable.

(2) Ten cents ($0.10) per recorded document for a copy of the indices used by the county recorder for finding, retrieving, and viewing a recorded document.

(e) If the county executive makes a finding and determination that the costs incurred by the county recorder of producing bulk form copies, including applying a watermark or other protective feature, exceed the amount of the fee under subsection (d), the county executive may adopt an ordinance that establishes a greater fee in an amount not to exceed the following:

(1) Twenty cents ($0.20) per page for a copy of a recorded document, including the instrument's book and page, if applicable.

(2) Twenty cents ($0.20) per recorded document for a copy of the indices used by the county recorder for finding, retrieving, and viewing a recorded document.

If the county executive adopts an ordinance under this subsection, the county recorder shall charge the fee in the amount set by the ordinance, instead of the amount set forth in subsection (d).

(f) The fees charged by the county recorder are subject to the following requirements:

(1) The county recorder shall pay the fees into the county treasury at the end of each calendar month.

(2) The fees prescribed and collected under this section supersede all other fees for bulk form copies required by law to be charged for services rendered by the county recorder to bulk users.

(3) All revenue generated by the county recorder under this section shall be deposited in the county recorder's records perpetuation fund and used by the recorder in accordance with section 10(g) of this chapter.

(g) A bulk user must enter into a contract with the county recorder and if the county recorder uses a third party to provide bulk copy services, the county recorder's designee, in order to receive bulk form copies. The contract must be in writing and must require that the bulk user agree not to do any of the following:

(1) Except as provided in subsection (h), provide, transfer, or allow the transfer of any copy of a recorded document obtained by the bulk user under this section to a third party.

(2) Engage in unauthorized access to recorded documents.

(3) Engage in unauthorized alteration of recorded documents.

A contract required under this subsection may not include any restrictions on a bulk form user's use of the bulk form copies other than those contained in this section.

(h) A bulk user that is licensed under IC 27-1-15.6-6(d) or holds a certificate of authority under IC 27-7-3-6 may provide bulk form copies related to the specific order for a title search (as defined in IC 27-7-3-2) when operating as:

(1) a title plant for the issuance of title insurance (as defined in IC 27-7-3-2); or

(2) title company (as defined in IC 27-7-3-2).

A bulk user that meets the requirements of this subsection may charge its customers a fee for using the bulk form copies obtained by the bulk user that may not exceed the costs incurred by the bulk user for obtaining the bulk form copies. A bulk user that meets the requirements of this subsection may not resell, provide, transfer, or allow the transfer of any copy of a recorded document, whether in bulk form or as individual copies or images, to any other bulk user or title plant.

(i) A bulk user that does not meet the requirements of subsection (h) is prohibited from selling, offering for sale, advertising for sale, soliciting a purchase of, loaning, giving away, allowing subscription service to, or otherwise transferring, providing, or allowing the transfer of bulk form copies for commercial purposes to a third party, whether the copies are in bulk form or individual copies or images.

(j) If a bulk user does not comply with a contract, the county recorder may terminate the contract, immediately stop providing bulk form copies to the bulk user, and refuse to provide the bulk form copies requested by the bulk user if all termination provisions and procedures in the contract have been met by the county recorder. The county recorder may refuse subsequent requests from a bulk user for bulk form copies in the following circumstances:

(1) The bulk user is a person that has had a previous bulk form copy contract terminated by the county recorder because the recorder determined that the bulk user failed to comply with the contract.

(2) The bulk user is a corporation or limited liability company in which a person has a majority or controlling interest and:

(A) the person requested bulk form copies under a previous contract with the county recorder; and

(B) the contract was terminated by the county recorder because the county recorder determined that the person failed to comply with the contract.

(k) This section does not apply to enhanced access under IC 5-14-3-3.

As added by P.L.151-1999, SEC.3. Amended by P.L.171-2006, SEC.10; P.L.160-2007, SEC.3; P.L.215-2007, SEC.5; P.L.127-2017, SEC.37; P.L.86-2018, SEC.338; P.L.181-2025, SEC.14.
Ind. Code § 36-9-23-15 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-15
Acquisition of property subject to lien or other encumbrance
Status: in_force

Sec. 15. Property upon which any lien or other encumbrance exists may not be acquired under this chapter unless, at the time the property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance in full.

[Pre-Local Government Recodification Citation: 19-2-5-9.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-8-3-4.1 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-4.1
Certain towns and townships; reprimand or temporary suspension of members without prior hearing; review by safety board
Status: in_force

Sec. 4.1. (a) This section also applies to all:

(1) towns and townships that have full-time, paid police or fire departments;

(2) fire departments of fire protection districts established under IC 36-8-11 and fire protection territories established under IC 36-8-19 that have full-time fire departments; and

(3) conservancy districts that have a full-time, paid conservancy district marshal or deputy conservancy district marshal under IC 14-33-25.

For purposes of this section, the appropriate appointing authority of a town, township, fire department of a fire protection territory or fire protection district, or conservancy district is considered the safety board of a town, township, fire department of a fire protection territory or fire protection district or conservancy district. In a town with a board of metropolitan police commissioners, that board is considered the safety board of the town.

(b) In addition to the disciplinary powers of the safety board, the chief of the department may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five (5) working days. For the purposes of this section, eight (8) hours of paid time constitutes one (1) working day. If a chief reprimands a member in writing or suspends a member, the chief shall, within forty-eight (48) hours, notify the board in writing of the action and the reasons for the action. A member who is reprimanded in writing or suspended under this section may, within forty-eight (48) hours after receiving notice of the reprimand or suspension, request in writing that the board review the reprimand or suspension and either uphold or reverse the chief's decision. At its discretion, the board may hold a hearing during this review. If the board holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least fourteen (14) days before the date set for the hearing. The notice must contain the information listed under section 4(c) of this chapter. If the decision is reversed, the member who was suspended is entitled to any wages withheld as a result of the suspension.

As added by Acts 1981, P.L.183, SEC.22. Amended by P.L.265-1993, SEC.2; P.L.57-2023, SEC.2; P.L.122-2023, SEC.22.
Ind. Code § 36-7-15.1-19 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-19
Redevelopment district bond fund; special tax
Status: in_force

Sec. 19. (a) This section applies only to:

(1) bonds that are issued under section 17 of this chapter; or

(2) leases entered into under section 17.1 of this chapter;

that are payable from a special tax levied upon all of the property in the redevelopment district. This section does not apply to bonds or leases that are payable solely from tax proceeds allocated under section 26(b)(3) of this chapter, other revenues of the commission, or any combination of these sources.

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

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

(2) lease rental payments under section 17.1 of this chapter.

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

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

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

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.72-1983, SEC.7; P.L.84-1987, SEC.12; P.L.2-1989, SEC.35; P.L.203-2011, SEC.13.
Ind. Code § 36-8-16.7-23 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-23
"VOIP provider"
Status: in_force

Sec. 23. As used in this chapter, "VOIP provider" means a provider that offers interconnected VOIP service to users in Indiana.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-7.6-2-9 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-9
Terms; reappointment; oath; per diem
Status: in_force

Sec. 9. (a) A member appointed to a development board serves a four (4) year term. A member may be reappointed to subsequent terms.

(b) A member of a development board may only be removed from the development board before the expiration of the four (4) year term by written agreement of at least three-fourths (3/4) of the executives of the members of the development authority.

(c) If a vacancy occurs on a development board, the executives of the members of the development authority at the time of the vacancy shall fill the vacancy by appointing a new member for the remainder of the vacated term and as otherwise provided in subsection (a).

(d) Each member appointed to a development board, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the development board.

(e) A member appointed to a development board is not entitled to receive any compensation for performance of the member's duties. However, a member is entitled to a per diem from the development authority for the member's participation in development board meetings. The amount of the per diem is equal to the amount of the per diem provided under IC 4-10-11-2.1(b).

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.16.
Ind. Code § 36-10-10-8 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-8
Directors; conflicts of interest
Status: in_force

Sec. 8. A director may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. A transaction in which any director has a pecuniary interest is void.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-9-13-19 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-19
Compensation of trustees and directors
Status: in_force

Sec. 19. A trustee or director is not entitled to a salary but is entitled to reimbursement for expenses necessarily incurred in the performance of the trustee's or director's duties.

[Pre-Local Government Recodification Citations: 19-8-4-3 part; 19-8-4-5 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.127-2017, SEC.310.
Ind. Code § 36-5-1-10.1 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-10.1
Adoption of ordinance incorporating town; required provisions to conduct elections; territory not included in any district or in more than one district; effective date of ordinance
Status: in_force

Sec. 10.1. (a) If a majority of the voters voting on the public question under section 8 of this chapter vote "yes", the county executive shall adopt an ordinance incorporating the town.

(b) An ordinance adopted under subsection (a) must:

(1) either:

(A) provide that all members of the town legislative body are to be elected at large (if the town would have a population of less than three thousand five hundred (3,500); or

(B) divide the town into not less than three (3) nor more than seven (7) districts; and

(2) direct the county election board to conduct an election in the town on the date of the next general or municipal election to be held in any precincts in the county.

An election conducted under this section must comply with IC 3 concerning town elections. If the date that an ordinance is adopted under this section is not later than June 1 of a general or municipal election year, the election must be conducted on the date of the next general or municipal election held in any precincts in the county after the election for which absentee balloting is being conducted. However, a primary election may not be conducted before an election conducted under this section, regardless of the population of the town.

(c) Districts established by an ordinance adopted under this section must comply with IC 3-11-1.5.

(d) If any territory in the town is not included in one (1) of the districts established under this section, the territory is included in the district that:

(1) is contiguous to that territory; and

(2) contains the least population of all districts contiguous to that territory.

(e) If any territory in the town is included in more than one (1) of the districts established under this section, the territory is included in the district that:

(1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;

(2) is contiguous to that territory; and

(3) contains the least population of all districts contiguous to that territory.

(f) An ordinance adopted under this section becomes effective when filed with:

(1) the office of the secretary of state; and

(2) the circuit court clerk of each county in which the town is located.

(g) Each county that contains a part of the proposed town must adopt identical ordinances providing for the incorporation of the town.

As added by Acts 1980, P.L.2, SEC.16. Amended by P.L.5-1983, SEC.12; P.L.5-1986, SEC.54; P.L.13-1988, SEC.19; P.L.5-1989, SEC.106; P.L.7-1990, SEC.61; P.L.3-1993, SEC.268; P.L.3-1997, SEC.457; P.L.86-1999, SEC.2; P.L.123-2000, SEC.5; P.L.113-2010, SEC.123; P.L.147-2013, SEC.7; P.L.219-2013, SEC.97; P.L.104-2022, SEC.164.
Ind. Code § 36-3-5-14 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-14
Controller unable to perform fiscal responsibilities
Status: in_force

Sec. 14. If the controller is unable to perform the fiscal requirements of the controller's position, the consolidated city shall hire or contract with a qualified certified public accountant to:

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

(2) perform the controller's fiscal responsibilities.

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

As added by P.L.58-2023, SEC.23.
Ind. Code § 36-7-11.1-1 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-1
Application of chapter
Status: in_force

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

As added by Acts 1982, P.L.77, SEC.6.
Ind. Code § 36-9-13-13 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-13
Directors; vacancies
Status: in_force

Sec. 13. If a vacancy occurs on the board of directors, the trustees shall, by a majority vote, appoint a new director to serve the remainder of the term.

[Pre-Local Government Recodification Citation: 19-8-4-5 part.]

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-9-38-31 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-31
Fees for use of improvement; changes; hearing upon petition in cases of certain changes
Status: in_force

Sec. 31. (a) At or before the completion of the assessment roll, the municipal works board may do either of the following:

(1) Adopt a schedule of fees for the use of an improvement.

(2) Determine that the use of the improvement will be free.

(b) Fees established under subsection (a) may be reduced, eliminated, increased, or added to by the works board without a hearing, but only to reflect increased or decreased costs of operation and maintenance.

(c) Any other changes in the fees established shall be made only after a hearing for that purpose is petitioned for by the owners of property originally assessed for at least ten percent (10%) of the cost of the improvement.

(d) If a petition is filed with the works board under subsection (c), notice of a hearing shall be given to all owners of property in the improvement district. The notice may be mailed to the owners at the owners' names and addresses appearing in the records of the official charged with the duty of collecting the assessments. The notice must:

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

(2) be addressed and mailed at least ten (10) days before the date of the hearing.

(e) The works board may not alter the fees at the hearing if the owners of property originally assessed for more than fifty percent (50%) of the total assessments object to the proposed change.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-8-6-8.1 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-8.1
Determination whether disability in line of duty
Status: in_force

Sec. 8.1. (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 8(b)(1) of this chapter); or

(2) a disability not in the line of duty (a disability other than a disability described in section 8(b)(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.5. Amended by P.L.6-2012, SEC.247.
Ind. Code § 36-9-39-29 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-29
Contractors; submission of monthly estimates of work done; issuance of certificates in payment; negotiability; interest; retainage
Status: in_force

Sec. 29. (a) A contractor for construction under this chapter is entitled to monthly estimates of the work done during each month. The estimates shall be made by the engineer and approved by the municipal works board.

(b) The works board shall issue to the contractor certificates for sixty-five percent (65%) of the amount shown by the estimates to be due to the contractor. The contractor is entitled to receive the amounts named in the certificates in cash or sewer improvement bonds to be collected or issued by the municipality, as is provided for in the construction of street, alley, and other improvements.

(c) Certificates issued under this section (or under IC 36-9-21 before its repeal in 1993) are negotiable instruments.

(d) Interest on the certificates is payable out of the contract price and the special fund collected from the special assessments against the benefited property.

(e) If the municipality in issuing a contract for construction has required and obtained performance and payment bonds covering one hundred percent (100%) of the cost of construction, retainage shall be withheld as follows:

(1) This subdivision applies until the public work is fifty percent (50%) complete. The works board shall, on approval of contractor monthly payment estimates, issue to the contractor certificates for ninety percent (90%) of the amount shown to be due to the contractor.

(2) This subdivision applies after the public work is fifty percent (50%) complete. If the works board determines that the contractor is being responsive and responsible in carrying out the construction, the works board may, on approval of contractor monthly payment estimates, issue to the contractor certificates for one hundred percent (100%) of the amount shown to be due to the contractor.

As added by P.L.98-1993, SEC.10. Amended by P.L.1-1994, SEC.183.
Ind. Code § 36-7-15.3-8.5 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-8.5
Redevelopment authority subject to open government laws
Status: in_force

Sec. 8.5. An authority is:

(1) subject to audit by the state board of accounts under IC 5-11;

(2) covered by IC 5-14-1.5 (the public meetings law);

(3) covered by IC 5-14-3 (the public records law); and

(4) covered by IC 36-1-12 (the public works law).

As added by P.L.149-2014, SEC.38.
Ind. Code § 36-3-1-11 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-11
Effect of change on political subdivisions in county; continuation of powers and rights
Status: in_force

Sec. 11. Political subdivisions in the county are not affected when a first class city becomes a consolidated city, except to the extent that this title limits their functions or transfers them to the consolidated city. Such a political subdivision continues to have:

(1) the power to levy and collect property taxes in furtherance of functions not transferred to the consolidated city; and

(2) if applicable, the power to adopt and enforce ordinances prescribing a penalty for violation.

In addition, an excluded city or included town continues to have the right to receive distributions of revenues collected by the state, in the manner prescribed by statute, including distributions from the motor vehicle highway account, the cigarette tax fund, alcoholic beverage fees, and other tax revenues.

[Pre-Local Government Recodification Citations: 18-4-3-14 part; 18-4-14-1 part; 18-4-14-3; 18-4-14-4 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-7-23-7 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-7
Eminent domain
Status: in_force

Sec. 7. The authority may exercise the power of eminent domain, with the approval of the executive of the unit affected, for any public use in the manner provided by IC 32-24-1.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.2-2002, SEC.116.
Ind. Code § 36-9-14-1 — Indiana Code / Title 36 / Article 9 / Chapter 14 / Section 36-9-14-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

[Pre-Local Government Recodification Citation: 17-3-83-1 part.]

As added by Acts 1981, P.L.309, SEC.87.
Ind. Code § 36-9-6-24 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-24
Performance of work by contract or by employees of board
Status: in_force

Sec. 24. (a) If any work ordered or undertaken by the works board is payable out of the general fund of the city, it may cause the work to be done by independent contract or by employees of the board.

(b) If any work ordered or undertaken by the works board is payable, in whole or in part, from assessments made for that purpose upon the real property benefited by the work, the works board shall have the work done by contract, unless otherwise provided by statute.

[Pre-Local Government Recodification Citation: 18-1-6-16 part.]

As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981, P.L.317, SEC.7.
Ind. Code § 36-1-12-2.4 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-2.4
Repealed
Status: repealed

As added by P.L.329-1985, SEC.14. Repealed by P.L.82-1995, SEC.20.
Ind. Code § 36-9-36-32 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-32
Presumptive finality of assessments; publication of notice
Status: in_force

Sec. 32. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land on the assessment roll:

(1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land.

(2) The assessment is the final and conclusive assessment unless the assessment is changed under section 33 of this chapter.

(b) Immediately after the assessment roll is completed and filed, the works board shall publish a notice according to IC 5-3-1. The notice must do the following:

(1) Describe the general character of the improvement.

(2) State that the assessment roll, with the names of owners and descriptions of property subject to assessment and the amounts of any presumptive assessments, is on file and may be inspected at the works board's office.

(3) Name a time and date after the date of the last publication on which the works board will do the following at the works board's office:

(A) Receive and hear remonstrances against the amounts assessed on the roll.

(B) Determine whether the lots or tracts of land have been or will be benefited by the improvement in the following amounts:

(i) The amounts listed on the assessment roll.

(ii) Amounts greater or lesser than the amounts listed on the assessment roll.

(iii) Any amount at all.

(c) This subsection applies only to counties. The notice must also describe the platted subdivision or the parts of the subdivision on which there is property that is benefited and liable for assessment.

(d) This subsection applies only to municipalities. The notice must also describe the following:

(1) The public way or public place on which the improvement has been made.

(2) The terminals of the improvement.

(3) The public ways:

(A) that:

(i) intersect the improvement; or

(ii) are parallel to the improvement and within one hundred fifty (150) feet of the improvement; and

(B) on which there is property that is benefited and liable for assessment.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-8-16.7-1 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-1
"Affiliate"
Status: in_force

Sec. 1. As used in this chapter, "affiliate" has the meaning set forth in IC 23-1-43-1. The term includes a parent company or a subsidiary.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-7-11.9-1 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-1
Application of definitions
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this chapter and IC 36-7-12.

As added by P.L.20-1985, SEC.14.
Ind. Code § 36-10-7-9 — Indiana Code / Title 36 / Article 10 / Chapter 7 / Section 36-10-7-9
Membership of department and board of parks and recreation of certain townships
Status: in_force

Sec. 9. (a) This section applies to the township having the largest population in the following counties:

(1) A county having a population of more than sixty-six thousand six hundred (66,600) and less than seventy thousand (70,000).

(2) A county having a population of more than three hundred thousand (300,000) and less than three hundred fifty thousand (350,000).

(b) Notwithstanding IC 36-10-7.5-5, the department of parks and recreation of a township described in subsection (a) consists of four (4) members appointed by the township executive on the basis of the members' interest in and knowledge of parks and recreation. The members of a board governed by this section may include any of the following:

(1) The township executive.

(2) One (1) or more members of the township board.

(3) Any other persons residing in the township.

As added by P.L.157-1991, SEC.14. Amended by P.L.12-1992, SEC.195; P.L.271-1993, SEC.2; P.L.170-2002, SEC.176; P.L.119-2012, SEC.240; P.L.104-2022, SEC.221.
Ind. Code § 36-8-2-7 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-7
Regulation of business use of watercourse
Status: in_force

Sec. 7. A unit may regulate any business use of a watercourse.

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

As added by Acts 1980, P.L.211, SEC.3.
Ind. Code § 36-8-11-4 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-4
Districts; establishment; authorized purposes
Status: in_force

Sec. 4. (a) A county legislative body may establish fire protection districts for any of the following purposes:

(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the district.

(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.

(3) If the county legislative body establishes a fire protection district for either or both of the purposes under subdivision (1) or (2), in addition to those the fire protection district purposes may include the provision of emergency medical services (regulated under IC 16-31-3), basic life support, or advanced life support. However, this subdivision may not apply, and the purposes under this subdivision may not be included with regard to the fire protection district, if another local unit or organization is providing the services under this subdivision with public funds to the area served by the fire protection district.

(4) If the county legislative body establishes a fire protection district for either or both of the purposes under subdivision (1) or (2), in addition to those the fire protection district purposes may include the prevention of hazards that may cause loss of life, injury or other health impacts, property damage, loss of livelihoods and services, social and economic disruption, or environmental damage.

(5) Other purposes or functions related to fire protection and fire prevention.

(b) Any area may be established as a fire protection district, but one (1) part of a district may not be completely separate from another part. A municipality may be included in a district, but only if it consents by ordinance, unless a majority of the freeholders of the municipality have petitioned to be included in the district.

(c) Except as provided in subsection (d), the territory of a district may consist of:

(1) one (1) or more townships and parts of one (1) or more townships in the same county; or

(2) all of the townships in the same county.

The boundaries of a district need not coincide with those of other political subdivisions.

(d) The territory of a district may consist of a municipality that is located in more than one (1) county.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-2; 19-1-45-10; subsection (b) formerly 19-1-45-4.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.3; P.L.156-2025, SEC.1.
Ind. Code § 36-1-10-1 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-1
Application of chapter
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to:

(1) political subdivisions and agencies of political subdivisions that determine to acquire structures, transportation projects, or systems by lease or lease-purchase;

(2) a convention and visitor bureau established under IC 6-9-2 that determines to acquire a visitor center by lease or lease purchase; and

(3) a convention and visitor commission established by IC 6-9-11 that determines to acquire a sports and recreation facility by lease or lease purchase.

(b) This chapter does not apply to:

(1) the lease of library buildings under IC 36-12-10, unless the library board of the public library adopts a resolution to proceed under this chapter instead of IC 36-12-10;

(2) the lease of school buildings under IC 20-47;

(3) a hospital established and operated under IC 16-22 or IC 16-23;

(4) a health and hospital corporation established and operated under IC 16-22-8; or

(5) boards of aviation commissioners established under IC 8-22-2.

[Pre-Local Government Recodification Citation: 18-5-3.3-2 part.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.104-1983, SEC.3; P.L.54-1983, SEC.26; P.L.182-1985, SEC.14; P.L.130-1987, SEC.4; P.L.37-1988, SEC.9; P.L.343-1989(ss), SEC.12; P.L.2-1993, SEC.196; P.L.46-1998, SEC.9; P.L.11-2001, SEC.7; P.L.1-2005, SEC.232; P.L.2-2006, SEC.186; P.L.194-2007, SEC.10.
Ind. Code § 36-2-7-2 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-2
Compensation of county officers and employees
Status: in_force

Sec. 2. Except as otherwise provided by sections 6, 9, and 13 of this chapter, the compensation fixed for county officers and employees under this title is in full for all governmental services and in lieu of all:

(1) fees;

(2) per diems;

(3) penalties;

(4) costs;

(5) interest;

(6) forfeitures;

(7) percentages;

(8) commissions;

(9) allowances;

(10) mileage; and

(11) other remuneration;

which shall be paid into the county general fund.

[Pre-Local Government Recodification Citations: 5-7-1-8; 5-7-1-9; 17-3-8-2; 17-3-19-4 part; 17-3-53-4; 17-3-54-1; 17-3-57-2; 17-3-71-1 part; 17-3-71-5; 17-3-72-3 part; 17-3-72-16 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-10-9.5-15 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-15
General obligation bonds
Status: in_force

Sec. 15. (a) A capital improvement may be financed in whole or in part by the issuance of general obligation bonds of the city.

(b) If the board desires to finance a capital improvement in whole or in part as provided in this section, it shall have prepared a resolution to be adopted by the legislative body of the city authorizing the issuance of general obligation bonds. The resolution must state the date or dates on which the principal of the bonds is payable, the maximum interest rate to be paid, and the other terms upon which the bonds shall be issued. The board shall submit the proposed resolution to the legislative body of the city for approval under IC 36-4-6-19, together with a certificate to the effect that the issuance of bonds in accordance with the resolution will be in compliance with this section. The certificate must also state the estimated annual net income of the capital improvement to be financed by the bonds, the estimated annual tax revenues, and the maximum amount payable in any year as principal and interest on the bonds issued under this chapter, including the bonds proposed to be issued, at the maximum interest rate set forth in the resolution. The bonds issued may mature over a period not exceeding forty (40) years from the date of issue.

(c) If the legislative body of the city approves the issuance of bonds under IC 36-4-6-19, the board shall submit the resolution to the executive of the city, who shall review the resolution. If the executive approves the resolution, the board shall take all action necessary to issue the bonds in accordance with the resolution. An action to contest the validity of bonds issued under this section and sold at a public sale may not be brought after the fifteenth day following the receipt of bids for the bonds.

(d) The provisions of all general statutes relating to:

(1) the filing of a petition requesting the issuance of bonds and giving notice;

(2) the right of:

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

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

(3) the giving of notice of the determination to issue bonds;

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

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

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

(7) the sale of bonds at a public sale for not less than par value or at a negotiated sale;

are applicable to the issuance of bonds under this section.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-6-1.7-22 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-22
No effect on office of township assessor
Status: in_force

Sec. 22. Notwithstanding IC 36-6-1.5-8, a township merger under this chapter does not affect the office of township assessor. After a merger, the township assessor remains the elected township assessor for the territory within the geographical boundaries of the township assessor's former township. Only voters residing within the boundaries of the township assessor's former township may elect the office of the township assessor.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-1-12.5-0.6 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-0.6
"Billable revenues" defined; "billable revenue increases" defined; "revenues" defined
Status: in_force

Sec. 0.6. As used in this chapter, "billable revenues", "billable revenue increases", and "revenues" include only revenues of a municipal water or wastewater utility operated by a political subdivision.

As added by P.L.168-2006, SEC.3.
Ind. Code § 36-1-12-4 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-4
Bidding procedures for projects costing more than certain amounts
Status: in_force

Sec. 4. (a) This section applies whenever the cost of a public work project will be at least three hundred thousand dollars ($300,000).

(b) The board must comply with the following procedure:

(1) The board shall prepare general plans and specifications describing the kind of public work required, but shall avoid specifications which might unduly limit competition. If the project involves the resurfacing (as defined by IC 8-14-2-1) of a road, street, or bridge, the specifications must show how the weight or volume of the materials will be accurately measured and verified.

(2) The board shall file the plans and specifications in a place reasonably accessible to the public, which shall be specified in the notice required by subdivision (3).

(3) Upon the filing of the plans and specifications, the board shall publish notice in accordance with IC 5-3-1 calling for sealed proposals for the public work needed. If the board receives electronic bids as set forth in subsection (d), the board shall also provide electronic access to the notice of the bid solicitation through the computer gateway administered under IC 4-13.1-2-2(a)(6) by the office of technology.

(4) The notice must specify the place where the plans and specifications are on file and the date fixed for receiving bids.

(5) The period of time between the date of the first publication and the date of receiving bids shall be governed by the size of the contemplated project in the discretion of the board. The period of time between the date of the first publication and receiving bids may not be more than:

(A) six (6) weeks if the estimated cost of the public works project is less than twenty-five million dollars ($25,000,000); and

(B) ten (10) weeks if the estimated cost of the public works project is at least twenty-five million dollars ($25,000,000).

(6) The board shall require the bidder to submit a financial statement, a statement of experience, a proposed plan or plans for performing the public work, and the equipment that the bidder has available for the performance of the public work. The statement shall be submitted on forms prescribed by the state board of accounts.

(7) The board may not require a bidder to submit a bid before the meeting at which bids are to be received. The meeting for receiving bids must be open to the public. All bids received shall be opened publicly and read aloud at the time and place designated and not before. Notwithstanding any other law, bids may be opened after the time designated if both of the following apply:

(A) The board makes a written determination that it is in the best interest of the board to delay the opening.

(B) The day, time, and place of the rescheduled opening are announced at the day, time, and place of the originally scheduled opening.

(8) Except as provided in subsection (c), the board shall:

(A) award the contract for public work or improvements to the lowest responsible and responsive bidder; or

(B) reject all bids submitted.

(9) If the board awards the contract to a bidder other than the lowest bidder, the board must state in the minutes or memoranda, at the time the award is made, the factors used to determine which bidder is the lowest responsible and responsive bidder and to justify the award. The board shall keep a copy of the minutes or memoranda available for public inspection.

(10) In determining whether a bidder is responsive, the board may consider the following factors:

(A) Whether the bidder has submitted a bid or quote that conforms in all material respects to the specifications.

(B) Whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders.

(C) Whether the bidder has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.

(11) In determining whether a bidder is a responsible bidder, the board may consider the following factors:

(A) The ability and capacity of the bidder to perform the work.

(B) The integrity, character, and reputation of the bidder.

(C) The competence and experience of the bidder.

(12) The board shall require the bidder to submit an affidavit:

(A) that the bidder has not entered into a combination or agreement:

(i) relative to the price to be bid by a person;

(ii) to prevent a person from bidding; or

(iii) to induce a person to refrain from bidding; and

(B) that the bidder's bid is made without reference to any other bid.

(c) Notwithstanding subsection (b)(8), a county may award sand, gravel, asphalt paving materials, or crushed stone contracts to more than one (1) responsible and responsive bidder if the specifications allow for bids to be based upon service to specific geographic areas and the contracts are awarded by geographic area. The geographic areas do not need to be described in the specifications.

(d) Notwithstanding subsection (b), a board may receive electronic bids for the public work if:

(1) the solicitation for bids indicates the procedure for transmitting the electronic bid to the board; and

(2) the board receives the bid on a facsimile machine or system with a security feature that protects the content of an electronic bid with the same degree of protection as the content of a bid that is not transmitted by a facsimile machine.

(e) A board may select a vendor to provide an electronic platform to accommodate the electronic bidding process.

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

As added by Acts 1981, P.L.57, SEC.38. Amended by Acts 1981, P.L.56, SEC.4; P.L.329-1985, SEC.17; P.L.213-1986, SEC.4; P.L.252-1993, SEC.3; P.L.82-1995, SEC.15; P.L.22-2001, SEC.1; P.L.169-2006, SEC.48; P.L.113-2010, SEC.108; P.L.139-2011, SEC.6; P.L.172-2011, SEC.139; P.L.6-2012, SEC.241; P.L.17-2012, SEC.2; P.L.67-2012, SEC.2; P.L.43-2019, SEC.2; P.L.164-2019, SEC.5; P.L.134-2021, SEC.11; P.L.236-2023, SEC.159; P.L.86-2025, SEC.2.
Ind. Code § 36-2-13-5.6 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-5.6
Sex or violent offender registration fee; sex or violent offender address change fee; collection and distribution
Status: in_force

Sec. 5.6. (a) The legislative body of a county may adopt an ordinance:

(1) requiring the local law enforcement authority (as defined in IC 11-8-8-2) to collect:

(A) an annual sex or violent offender registration fee; and

(B) a sex or violent offender address change fee; and

(2) establishing a county sex and violent offender administration fund to fund the administration of the sex and violent offender registration system.

(b) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the annual sex or violent offender registration fee. However, the annual sex or violent offender registration fee may not exceed fifty dollars ($50).

(c) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the sex or violent offender address change fee. However, a sex or violent offender address change fee may not exceed five dollars ($5) per address change.

(d) The legislative body of the county shall determine the manner in which the local law enforcement authority shall collect the annual sex or violent offender registration fee and the sex or violent offender address change fee. However, the annual sex or violent offender registration fee may be collected only one (1) time per year. The sex or violent offender address change fee may be collected each time a sex or violent offender registers an address change with the local law enforcement authority.

(e) The local law enforcement authority shall transfer fees collected under this section to the county auditor of the county in which the local law enforcement authority exercises jurisdiction.

(f) The county auditor shall:

(1) monthly deposit ninety percent (90%) of any fees collected under this section in the county sex and violent offender administration fund established under subsection (a); and

(2) semiannually transfer ten percent (10%) of any fees collected under this section to the treasurer of state for deposit in the state sex and violent offender administration fund under IC 11-8-8-21.

(g) A county fiscal body may appropriate money from the county sex and violent offender administration fund to an agency or organization involved in the administration of the sex and violent offender registry to defray the expense of administering or ensuring compliance with the laws concerning the Indiana sex and violent offender registry.

As added by P.L.216-2007, SEC.53. Amended by P.L.26-2013, SEC.1.
Ind. Code § 36-7-30-9.5 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-9.5
Reuse authority payment for services provided by excluded city
Status: in_force

Sec. 9.5. (a) This section applies only to a municipal military base reuse authority in an excluded city that is located in a county with a consolidated city.

(b) This section applies in the absence of an agreement in effect for payment by the reuse authority to the excluded city for police, fire protection, and utility services provided by the excluded city.

(c) As used in this section, "city services" means police, fire protection, and utility services.

(d) After December 31, 2016, the municipal military base reuse authority shall pay the excluded city for city services that are provided by the excluded city to the reuse area. The amount the municipal military base reuse authority shall pay for the city services is as follows:

(1) Police and fire protection services must be paid at the same property tax rate imposed on taxpayers located within the excluded city.

(2) Utility services must be paid at the same rates and charges imposed upon property owners located within the excluded city.

(e) The payment for city services under this section is subordinate to those debt service payments for bonds of the municipal military base reuse authority issued before January 1, 2016.

(f) The payment for city services under this section shall be determined by a financial advisor with the approval, by written agreement, of the excluded city and the municipal military base reuse authority not later than August 1 of each year. Any deficiencies in payment of the fee for city services in a budget year must be replenished from the next available municipal military base reuse revenues subordinate to payment of debt service.

As added by P.L.91-2016, SEC.1.
Ind. Code § 36-12-11-5 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-5
Powers and duties of board
Status: in_force

Sec. 5. The board shall do the following:

(1) Prescribe and define grades of public library service and prescribe the qualifications that individuals must possess who are employed in each of the grades of public library service, giving due consideration to the population served and the income and salary schedule of each library.

(2) Make available the requirements for certification of all grades upon request and without charge to all prospective applicants.

(3) Issue certificates to candidates who apply for certificates and who, by reason of their academic or technical training and experience, are found to be suitable individuals to certify.

(4) Prescribe and define the qualifications of a library director, a head of a department or branch, or a professional assistant of a public library.

(5) Adopt rules under IC 4-22-2 that the board determines are necessary to administer this chapter.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-8-12.2-5 — Indiana Code / Title 36 / Article 8 / Chapter 12.2 / Section 36-8-12.2-5
"Responsible party" defined
Status: in_force

Sec. 5. As used in this chapter, "responsible party" has the meaning set forth in IC 13-11-2-191(d).

As added by P.L.33-2001, SEC.3. Amended by P.L.127-2009, SEC.13; P.L.10-2019, SEC.141.
Ind. Code § 36-9-6.1-6 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-6
Authorized projects
Status: in_force

Sec. 6. Projects proposed under section 4 of this chapter may include:

(1) the appropriation of property;

(2) the opening, changing, widening, straightening, or vacating of any public way, public way crossing, railway, right-of-way, or public place in the unit;

(3) the removal of any pavement, sidewalk, curb, parkway, building, or other structure;

(4) the grading of any public way or public place; or

(5) the construction or reconstruction of any pavement, street, sidewalk, curb, or structure.

As added by P.L.220-1986, SEC.30.
Ind. Code § 36-7-4-0.2 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-0.2
Amendments made by SEA 425-2025; comprehensive plan or zoning ordinance not impaired or invalidated
Status: in_force

Sec. 0.2. Notwithstanding any other law, the amendments and additions made to this chapter by SEA 425-2025 shall not be construed to impair or invalidate a comprehensive plan or zoning ordinance adopted by a local authority (as defined in section 1109 of this chapter).

As added by P.L.202-2025, SEC.10.
Ind. Code § 36-8-9-7 — Indiana Code / Title 36 / Article 8 / Chapter 9 / Section 36-8-9-7
Probationary appointments
Status: in_force

Sec. 7. (a) The board may provide that all appointments to the police department are probationary for a period not to exceed one (1) year.

(b) If the board finds, upon the recommendation of the chief of the department during the probationary period, that the conduct or capacity of a member is not satisfactory, the board shall notify the member in writing that the member is being suspended or that the member will not receive a permanent appointment.

(c) If a member is notified that the member will not receive a permanent appointment, the member's employment immediately ceases. Otherwise, at the expiration of the probationary period, the member is considered regularly employed.

As added by P.L.98-2000, SEC.28.
Ind. Code § 36-10-4-38 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-38
Special tax to pay principal of bonds and accruing interest; collection; accumulations of fund before use for payment
Status: in_force

Sec. 38. (a) To raise money to pay all bonds issued under section 35 of this chapter, including interest, the board shall levy each year a special tax upon all of the real and personal property located in the district to pay the principal of the bonds as they mature, together with all accruing interest. The board shall have the tax levied each year certified to the auditor of the county in which the district is located by October 1 each year.

(b) The tax levied and certified shall be collected and enforced in the same manner as other city taxes are collected and enforced. As the tax is collected, it shall be accumulated and kept in a separate fund to be known as the park district bond fund. The tax shall be used to pay the bonds and interest as they mature and may not be used for any other purpose.

(c) All accumulations of the fund before use for the payment of bonds and interest shall be deposited, at interest, with one (1) of the depositories of other public funds of the city, with interest collected belonging to the fund.

[Pre-Local Government Recodification Citations: 19-7-9-12; 19-7-30-33.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-1-24-11 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-11
Permits; application requirements
Status: in_force

Sec. 11. (a) A unit may require an owner to obtain a permit for each property by adopting an ordinance that sets forth only the requirements of this chapter for obtaining a permit. A unit may require only one (1) permit for each single family home, two-family or multifamily dwelling, condominium, cooperative, or time share that an owner rents in whole or in part under this chapter. A permit covers all:

(1) dwelling units; and

(2) detached accessory structures;

located on the permitted property that the owner offers to the public as a short term rental.

(b) An owner must submit a permit application for each property for which a permit is sought. The permit application may require the owner to provide only the following information for each property:

(1) The owner's name, street address, mailing address, electronic mail address (if applicable), and telephone number. If the owner is a corporation or partnership, the application must require the:

(A) owner's state of incorporation or organization; and

(B) names, residence addresses, and telephone numbers of the owner's principal officers or partners.

(2) If a property manager is used, the property manager's name, street address, mailing address, electronic mail address (if applicable), and telephone number.

(3) A short description of how each of the owner's short term rentals on the property are marketed or advertised, including the following:

(A) The advertised occupancy limits of each short term rental.

(B) Whether the short term rental is:

(i) a single family home;

(ii) a dwelling unit in a single family home;

(iii) a dwelling unit in a two-family or multifamily dwelling; or

(iv) a dwelling unit in a condominium, cooperative, or time share.

(c) A permit application must be made by an owner. If the owner is a corporation, partnership, or other legal entity, the permit application must be made by an officer or agent of the owner.

(d) Subject to section 16 of this chapter, if an owner submits a permit application under this section that meets the requirements set forth in the ordinance adopted by the unit, the unit shall issue a permit to the owner within thirty (30) days of receipt of the application.

As added by P.L.73-2018, SEC.1. Amended by P.L.10-2019, SEC.134.
Ind. Code § 36-1-8-6 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-6
Reversion of unused appropriation; funds received from state or the United States
Status: in_force

Sec. 6. (a) The unused and unencumbered balance of an appropriation made by a unit for any purpose reverts, at the end of the unit's fiscal year, to the fund from which the appropriation was made, unless a statute provides otherwise.

(b) Any amount necessary to pay a bill, judgment, or valid claim concerning any balance that reverts under subsection (a) shall be taken from the fund to which it reverted to pay the bill, judgment, or valid claim.

(c) Notwithstanding subsection (a), if an appropriation is made by a unit to establish or maintain a program of self-insurance by the unit, the balance described in subsection (a) reverts to the fund only if the fiscal body of the unit specifically adopts subsection (a) when it makes the appropriation.

(d) Subsection (a) does not apply to dedicated or appropriated funds received from the state or the United States, to funds of municipal utilities, or to balances of appropriations made from the general fund of a city for transfer to the aviation fund of the city.

[Pre-Local Government Recodification Citations: 17-1-24-23; 17-1-24-23.5; 18-1-6-7; 18-6-11-2; 18-6-11-3; 18-6-11-7.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-6-6-5 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-5
Adjournment of meetings
Status: in_force

Sec. 5. A meeting of the legislative body may be adjourned from day to day until its business is completed.

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

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-7-28-1 — Indiana Code / Title 36 / Article 7 / Chapter 28 / Section 36-7-28-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to all cities.

As added by P.L.264-1993, SEC.1.
Ind. Code § 36-9-13-30 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-30
Revenue bonds
Status: in_force

Sec. 30. (a) For the purpose of obtaining money to pay the cost of:

(1) acquiring or constructing government buildings;

(2) acquiring land;

(3) acquiring systems;

(4) improving, reconstructing, or renovating government buildings, systems, or land;

(5) repaying any advances for preliminary expenses made to the building authority by an eligible entity;

(6) purchasing plans, designs, programs, and devices for governmental buildings or systems; or

(7) refinancing any loan made under section 31 of this chapter;

the board of directors of a building authority may issue revenue bonds of the authority.

(b) The bonds are payable solely from the income and revenues of the particular government buildings, systems, or land for which the bonds were issued.

(c) The bonds must be authorized by resolution of the board. The bonds:

(1) bear interest payable semiannually; and

(2) mature serially, either annually or semiannually, at times determined by the resolution authorizing the bonds.

However, the maturities of the bonds may not extend over a period longer than the period of the lease of the government buildings, systems, or land for which the bonds are issued.

(d) The bonds may, and all bonds maturing after five (5) years from date of issuance shall, be made redeemable before maturity at the option of the board of directors of the building authority. Such a redemption must be at the par value of the bonds, together with the premiums, and under the terms and conditions fixed by the resolution authorizing the issuance of the bonds.

(e) The principal and interest of the bonds may be made payable in any lawful medium.

(f) The resolution authorizing the issuance of the bonds must:

(1) determine the form of the bonds, including the interest coupons (if any) to be attached to them;

(2) fix the denomination or denominations of the bonds; and

(3) fix the place or places of payment of the principal and interest of the bonds, which must be at a state or national bank or trust company within Indiana and may also be at one (1) or more state or national banks or trust companies outside Indiana.

(g) The bonds are negotiable instruments under IC 26-1.

(h) The resolution authorizing the issuance of the bonds may provide for the registration of any of the bonds in the name of the owner as to principal alone.

(i) The bonds shall be executed by the president of the board of directors, the corporate seal of the authority shall be affixed to the bonds and attested by the secretary of the board, and the interest coupons (if any) attached to the bonds shall be executed by placing the facsimile signature of the treasurer of the board on them.

(j) The bonds may be sold at a private sale, a negotiated sale, or a public sale.

(k) If the bonds are sold at a public sale, notice of the sale of the bonds shall be published in accordance with IC 5-3-1.

(l) The board of directors shall sell the bonds at public sale, for not less than their par value. The board shall award the bonds to the highest bidder, as determined by computing the total interest on the bonds from the date of sale to the dates of maturity and deducting from that amount the premium bid, if any. Any premium received from the sale of the bonds shall be used solely for the payment of principal and interest on the bonds. If the bonds are not sold on the date fixed for the sale, then the sale may be continued from day to day until a satisfactory bid has been received.

(m) The board of directors may issue temporary bonds, with or without coupons. These bonds, which must be issued in the manner prescribed by this section, may be exchanged for the bonds that are subsequently issued.

[Pre-Local Government Recodification Citation: 19-8-4-16 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.45, SEC.49; Acts 1981, P.L.188, SEC.9; P.L.37-1988, SEC.37; P.L.173-2003, SEC.39.
Ind. Code § 36-1-10-4.1 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-4.1
Leasing agents; compliance with chapter; procedure in lease without option to purchase
Status: in_force

Sec. 4.1. (a) A leasing agent who wants to lease a structure or transportation project must comply with this chapter. A leasing agent who wants to lease a system must comply with this chapter or IC 5-22.

(b) A leasing agent who enters into a lease under this section without an option to purchase must follow the procedure prescribed by section 5 of this chapter.

As added by P.L.1-1990, SEC.357. Amended by P.L.49-1997, SEC.68.
Ind. Code § 36-9-40-20 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-20
Delivery of assessment to county assessor
Status: in_force

Sec. 20. When the assessment is completed, the works board shall deliver the assessment to the county assessor.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-2-3.5-2 — Indiana Code / Title 36 / Article 2 / Chapter 3.5 / Section 36-2-3.5-2
Executive and legislative branches; separation of powers
Status: in_force

Sec. 2. The powers of the county are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of the county's government may not be exercised by the other branch.

[Pre-Local Government Recodification Citations: 17-1-28-2 part; 17-1-28-6 part; 17-1-28-10 part.]

As added by Acts 1981, P.L.11, SEC.147.
Ind. Code § 36-7-30.2-21 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-21
Zoning; exemption
Status: in_force

Sec. 21. (a) This chapter and IC 36-7-30.3:

(1) do not affect a municipality's zoning overlay for a military installation that was adopted in coordination with the military installation's commander before January 1, 2023; and

(2) except as provided in subsection (c), do not require the municipality to adopt or amend the municipality's zoning overlay described in subdivision (1) to comply with IC 36-7-30.3.

(b) Except as provided in subsection (c), any amendment to the municipality's zoning overlay for the military installation must be adopted in coordination with the military installation's commander in accordance with the municipality's ordinances, procedures, and regulations.

(c) If the municipality revokes or repeals the zoning overlay, the municipality shall adopt or amend the municipality's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to implement:

(1) this chapter; and

(2) IC 36-7-30.3;

not later than ninety (90) days after the revocation or repeal.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-4-8-7 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-7
Claims against city; issuance of warrant; requirements; certification
Status: in_force

Sec. 7. (a) As used in this section, "claim" means a bill or an invoice submitted for goods or services.

(b) Except as provided in section 14 of this chapter, a warrant for payment of a claim against a city may be issued only if the claim is:

(1) supported by a fully itemized invoice or bill under IC 5-11-10-1.6;

(2) approved by the officer or person receiving the goods or services;

(3) filed with the city fiscal officer;

(4) audited and certified by the fiscal officer before payment that each invoice is true and correct; and

(5) allowed by the city legislative body or the city board having jurisdiction over allowance of the claim.

(c) The certification by the fiscal officer under subsection (b)(4) must be on a form prescribed by the state board of accounts.

[Pre-Local Government Recodification Citations: 5-11-10-2 part; 18-1-6-11 part; 18-1-20-1 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.32-1992, SEC.3; P.L.71-1995, SEC.4; P.L.69-1995, SEC.6.
Ind. Code § 36-5-1-2 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-2
Requirements of petition to incorporate town
Status: in_force

Sec. 2. (a) Proceedings to incorporate a town may be instituted by filing a written petition in quadruplicate with the executive of the county that contains all or a majority of the territory sought to be incorporated. The petition must be signed by at least ten percent (10%) of the owners of land in the territory and must state the following:

(1) The territory is used or will, in the reasonably foreseeable future, be used generally for commercial, industrial, residential, or similar purposes.

(2) The territory is reasonably compact and contiguous.

(3) There is enough undeveloped land in the territory to permit reasonable growth of the town.

(4) Incorporation is in the best interests of the citizens of the territory.

(5) The name, telephone number, and electronic mail address (if available) of the contact person for the petitioners.

(6) If the petitioners want the incorporation to be approved by a public question at a special election, that the petitioners agree to pay the costs of the special election.

(b) The signatures of the petitioners must be verified, and the verification must include a statement that the petitioners are owners of land in the territory sought to be incorporated.

(c) In determining the number of petitioners, not more than one (1) person having an interest in a single parcel of land may be counted, and a person owning more than one (1) parcel of land in the area may be counted only once.

(d) The petition filed under subsection (a) must be accompanied by the ordinance of any city required to consent to the incorporation under section 7 of this chapter.

[Pre-Local Government Recodification Citation: 18-3-1-4.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.195-1984, SEC.1; P.L.86-1999, SEC.1; P.L.147-2013, SEC.1.
Ind. Code § 36-7-4-205 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-205
Establishment; extent of territorial authority of comprehensive plan; inclusion of contiguous unincorporated area; fire protection territories; incorporation of new towns in county
Status: in_force

Sec. 205. (a) ADVISORY. A municipal plan commission shall adopt a comprehensive plan, as provided for under the 500 series of the advisory planning law, for the development of the municipality.

(b) ADVISORY. For comprehensive plans that were initially adopted before July 1, 2019, if the municipal plan commission provided in its comprehensive plan for the development of a contiguous unincorporated area that is outside the corporate boundaries of the municipality, the municipal plan commission may continue to exercise territorial jurisdiction over that area unless the jurisdiction of the municipal plan commission is terminated by the affected county as provided in subsection (i).

(c) ADVISORY. For comprehensive plans that are initially adopted after June 30, 2019, the following provisions apply:

(1) If the municipality is located in a county that has not adopted a comprehensive plan and ordinance covering the contiguous unincorporated area and the municipality is providing municipal services to the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area by filing the notices required by subsections (f) and (j).

(2) If the municipality is located in a county that has adopted a comprehensive plan and ordinance covering the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area only if it obtains the approval of the county legislative body of each affected county under subsection (h).

(d) ADVISORY. To exercise territorial jurisdiction outside the corporate boundaries of the municipality, the municipal plan commission must provide in the comprehensive plan (regardless of the date the plan is adopted) for the development of the contiguous unincorporated area, designated by the commission, that, in the judgment of the commission, bears reasonable relation to the development of the municipality. For purposes of this section, participation of a municipality in a fire protection territory established under IC 36-8-19 that includes unincorporated areas contiguous to the municipality may not be treated as providing municipal services to the contiguous unincorporated areas.

(e) ADVISORY. Except as limited by the boundaries of unincorporated areas subject to the jurisdiction of other municipal plan commissions, an area designated under this section may include any part of the contiguous unincorporated area within two (2) miles from the corporate boundaries of the municipality. However, the following applies to the designation of an area under this section:

(1) If the corporate boundaries of the municipality or the boundaries of that contiguous unincorporated area include any part of the public waters or shoreline of a lake (which lies wholly within Indiana), the designated area may also include:

(A) any part of those public waters and shoreline of the lake; and

(B) any land area within two thousand five hundred (2,500) feet from that shoreline.

(2) This subdivision applies to a municipality that annexes noncontiguous territory under IC 36-4-3-4(a)(2) or IC 36-4-3-4(a)(3). The boundaries of the noncontiguous territory (including territory that is enlarged under IC 36-4-3-4(a)(2)(B) for the use of the wastewater treatment facility or water treatment facility) may not be considered a part of the corporate boundaries of the municipality for purposes of designating an area under this section.

(f) ADVISORY. Before exercising their rights, powers, and duties of the advisory planning law with respect to an area designated under this section, a municipal plan commission must file, with the recorder of the county in which the municipality is located, a description or map defining the limits of that area. If the commission revises the limits, it shall file, with the recorder, a revised description or map defining those revised limits.

(g) ADVISORY. If any part of the contiguous unincorporated area within the potential jurisdiction of a municipal plan commission is also within the potential jurisdiction of another municipal plan commission, the first municipal plan commission may exercise territorial jurisdiction over that part of the area within the potential jurisdiction of both municipal plan commissions that equals the product obtained by multiplying a fraction, the numerator of which is the area within the corporate boundaries of that municipality and the denominator of which is the total area within the corporate boundaries of both municipalities times the area within the potential jurisdiction of both municipal plan commissions. Furthermore, this commission may exercise territorial jurisdiction within those boundaries, enclosing an area reasonably compact and regular in shape, that the municipal plan commission first acting designates.

(h) ADVISORY. If the legislative body of a county adopts a comprehensive plan and ordinance after June 30, 2019, covering the unincorporated areas of the county, a municipal plan commission may not exercise jurisdiction, as provided in this section, over any part of that unincorporated area unless it is authorized by ordinance of the legislative body of the county. This ordinance may be initiated by the county legislative body or by petition duly signed and presented to the county auditor by:

(1) not less than fifty (50) property owners residing in the area involved in the petition;

(2) the county plan commission; or

(3) the municipal plan commission.

Before final action on the ordinance by the county legislative body, the county plan commission must hold an advertised public hearing as required for other actions of the county plan commission under the advisory planning law. Upon the passage of the ordinance by the county legislative body and the subsequent acceptance of jurisdiction by the municipal plan commission, the municipal plan commission shall exercise the same rights, powers, and duties conferred in this section exclusively with respect to the contiguous unincorporated area.

(i) ADVISORY. The jurisdiction of a municipal plan commission, as authorized under this section, may be terminated by ordinance at the discretion of the legislative body of the county, but only if the county has adopted a comprehensive plan for that area that is as comprehensive in scope and subject matter as that in effect by municipal ordinance.

(j) ADVISORY. Each municipal plan commission in a municipality located in a county that has not adopted, in accord with the advisory planning law, a comprehensive plan and ordinance covering the unincorporated areas of the county may, at any time, after filing notice with the county recorder and the county legislative body, exercise or reject territorial jurisdiction over any part of the area within two (2) miles of the corporate boundaries of that municipality and within that county, whether or not that commission has previously exercised that jurisdiction, if the municipality is providing municipal services to the area.

(k) AREA. Wherever in the area planning law authority is conferred to establish a comprehensive plan or an ordinance for its enforcement, the authority applies everywhere:

(1) within the county that is outside the municipalities; and

(2) within each participating municipality.

(l) ADVISORY—AREA. Whenever a new town is incorporated in a county having a county plan commission or an area plan commission, that plan commission and its board of zoning appeals shall continue to exercise territorial jurisdiction within the town until the effective date of a town ordinance:

(1) establishing an advisory plan commission under section 202(a) of this chapter; or

(2) adopting the area planning law under section 202(b) or 204 of this chapter.

Beginning on that effective date, the planning and zoning functions of the town shall be exercised under the advisory planning law or area planning law, as the case may be.

[Pre-Local Government Recodification Citations: 18-3-1-10.5; 18-7-4-205; 18-7-4-39; 18-7-5-34.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.1, SEC.61; P.L.216-1999, SEC.1; P.L.172-2011, SEC.143; P.L.207-2014, SEC.4; P.L.277-2019, SEC.7.
Ind. Code § 36-7-23-59 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-59
Full authority to issue bonds without state approval; construction with other statutes conferring powers
Status: in_force

Sec. 59. This chapter constitutes full authority for the issuance of bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things, by a board, officer, commission, department, agency, or instrumentality of the state is required to issue bonds or to do any act or perform anything under this chapter except as prescribed by this chapter. The powers conferred by this chapter are in addition to, and not a subsitute for, and the limitations imposed by this chapter do not affect, the powers conferred by any other statute.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-1.5-4-11 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-11
Initiation of reorganization by voters
Status: in_force

Sec. 11. (a) The voters of a political subdivision may initiate a proposed reorganization by filing a written petition, substantially in the form prescribed by the department, with the clerk of the political subdivision that:

(1) proposes a reorganization;

(2) names the political subdivisions that would be reorganized in the proposed reorganization; and

(3) for a petition filed after December 31, 2013, contains all of the following:

(A) The signature of each petitioner.

(B) The name of each petitioner legibly printed.

(C) The residence mailing address of each petitioner.

(D) The date on which each petitioner signed the petition.

(b) The clerk shall transmit the petition to the county voter registration office of the county in which a majority of the population of the political subdivision is located. If the county voter registration office determines that the written petition is signed by at least five percent (5%) of the voters of the political subdivision, as determined by the vote cast in the political subdivision for secretary of state at the most recent general election, the clerk of the political subdivision shall certify the petition to the legislative body of the political subdivision. In certifying the number of voters, the clerk shall disregard any signature on the petition that is dated under subsection (a)(3)(D) more than ninety (90) days before the date the petition was filed with the clerk.

As added by P.L.186-2006, SEC.4. Amended by P.L.194-2013, SEC.101; P.L.219-2013, SEC.94.
Ind. Code § 36-6-6-7 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-7
Meetings; election of chairman and secretary; special meeting
Status: in_force

Sec. 7. (a) The legislative body shall meet at the office of the executive on the first Tuesday after the first Monday in January of each year. At this meeting the legislative body shall elect one (1) member as chair for that year and one (1) member as secretary for that year.

(b) If a newly elected legislative body holds a special meeting before the first Tuesday after the first Monday in the January following its election, it shall elect a chair and a secretary before conducting any other business. The chair and secretary elected at the special meeting retain those positions until the first Tuesday after the first Monday in January of the year following the special meeting.

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

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.161.
Ind. Code § 36-7-30.5-1 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-1
Application
Status: in_force

Sec. 1. This chapter applies only to a military base that is located in more than two (2) counties.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-7-17-11 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-11
Retention of deed by unit; property deemed municipal property; tax exemption
Status: in_force

Sec. 11. Property acquired or held under this chapter with retention of the deed by the unit is considered property of the unit held for municipal purposes and is exempt from property taxation. This property tax exemption becomes effective on the date of conveyance to the unit. A petition to cancel taxes or a certified application for exemption is not required for property acquired or held under this chapter.

[Pre-Local Government Recodification Citation: 18-7-21-10.]

As added by Acts 1981, P.L.309, SEC.36.
Ind. Code § 36-7.5-7-9 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-9
Establishment of Lake County convention center authority; appointment of members; terms
Status: in_force

Sec. 9. (a) If a proposal is approved under section 8 of this chapter, following the approval of the proposal, and when the construction of the convention and event center is substantially completed so that the convention and event center can be used for its intended purpose, the Lake County convention center authority is established for the purpose of holding an equal share of ownership of the Lake County convention and event center with the entity whose proposal is approved and for providing general oversight of the upkeep, improvements, and management team as outlined in the accepted proposal. Subject to subsection (e), the convention center authority consists of seven (7) members, appointed as follows:

(1) Three (3) members appointed by the entity whose proposal is approved under section 8 of this chapter.

(2) Three (3) members appointed by the Lake County board of commissioners.

(3) One (1) member appointed by the governor.

Individuals appointed to the convention center authority must be Indiana residents and have professional experience in commercial facility management. An appointing authority may not appoint an attorney in active standing as a member of the authority.

(b) The term of office for a member of the board is two (2) years. The term begins July 1 of the year in which the member is appointed and ends on June 30 of the second year following the member's appointment. A member may be reappointed after the member's term has expired.

(c) A vacancy in membership must be filled in the same manner as the original appointment. Appointments made to fill a vacancy that occurs before the expiration of a term are for the remainder of the unexpired term.

(d) The member appointed under subsection (a)(3) shall serve as the chairperson of the convention center authority. The convention center authority shall meet at the call of the chairperson.

(e) An individual may not be appointed to the convention center authority if the individual is a party to a contract or agreement with the entity whose proposal is approved, is employed by the entity whose proposal is approved, or otherwise has a direct or indirect financial interest in the entity whose proposal is approved under this chapter.

As added by P.L.195-2023, SEC.7. Amended by P.L.157-2026, SEC.266.
Ind. Code § 36-7.6-4-12 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-12
Option to purchase property
Status: in_force

Sec. 12. If an eligible political subdivision exercises its option to purchase leased property, the eligible political subdivision may issue its bonds as authorized by statute.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-9-27.4-14 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-14
Findings of board
Status: in_force

Sec. 14. (a) If, after a hearing held under this chapter, the drainage board finds that:

(1) the obstruction of a drain or a natural surface watercourse that is alleged in the petition exists; and

(2) the removal of the obstruction will:

(A) promote better drainage of the petitioner's land; and

(B) not cause unreasonable damage to the land of the respondents;

the drainage board shall find for the petitioner.

(b) If, after a hearing held under this chapter, the drainage board is unable to make the findings described in subsection (a), the drainage board shall deny the petition.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-1-33-5 — Indiana Code / Title 36 / Article 1 / Chapter 33 / Section 36-1-33-5
Unit prohibited from adopting or enforcing certain requirements
Status: in_force

Sec. 5. (a) This section applies only to a battery charged security device that:

(1) is not located in an area zoned exclusively for single family or multi-family residential use;

(2) uses a commercial storage battery that does not exceed twelve (12) volts of direct current;

(3) produces an electric charge that does not exceed energizer characteristics set by IEC standards;

(4) is located by a nonelectric perimeter fence or wall that is at least five (5) feet in height;

(5) is the greater of:

(A) ten (10) feet in height; or

(B) two (2) feet higher than the height of the nonelectric perimeter fence or wall; and

(6) has conspicuous warning signs that:

(A) are located at not more than thirty (30) foot intervals on the battery charged security device; and

(B) are compliant with requirements set by IEC standards.

(b) A unit may not adopt or enforce an ordinance or resolution that does any of the following with regard to a battery charged security device described in subsection (a):

(1) Prohibits the installation or use of a battery charged security device.

(2) Requires a permit or fee for the installation or use of a battery charged security device that is in addition to an alarm system permit or fee required for any other alarm system by the unit. No additional permit or fee shall be required for the battery charged security device.

(3) Imposes installation or operational requirements inconsistent with this chapter.

As added by P.L.39-2025, SEC.1.
Ind. Code § 36-3-1-4 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-4
Consolidated city; abolishment of first class city; territory; name; interim government
Status: in_force

Sec. 4. (a) When a first class city becomes a consolidated city, the first class city is abolished as a separate entity, and the territory of the consolidated city includes:

(1) all the territory that comprised the first class city before it became a consolidated city; and

(2) all other territory in the county except territory of an excluded city.

However, certain departments and special taxing districts of the consolidated city may have jurisdiction as provided by law over more or less territory than that inside the boundaries of the consolidated city.

(b) The consolidated city is known as "City of ______," with the name of the first class city inserted in the blank.

(c) Unless the executive and legislative body of the consolidated city are elected during the interim period and take office on the date prescribed by section 2(3) of this chapter, the members of the interim government prescribed by section 3 of this chapter continue in office as officers of the consolidated city until an executive and a legislative body of the consolidated city are elected and qualified.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-1-2(f); 18-4-1-2(k); 18-4-1-3 part; subsection (b) formerly 18-4-1-4 part; subsection (c) formerly 18-4-3-1 part; 18-4-3-6 part; 18-4-3-10 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-1.5-4.1-28 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-28
Districts with varying service levels and fees or taxes
Status: in_force

Sec. 28. A plan of reorganization may establish within the designated township, territories, or districts:

(1) in which specified services provided by the recipient municipality will be provided at different levels, quantities, or amounts; and

(2) in which the fees, charges, or taxes imposed by the recipient municipality will vary depending on the level, quantity, or amount of the services provided.

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

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

[Pre-Local Government Recodification Citation: 18-4-1-2(b).]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-12-1-8 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-8
Policy; services
Status: in_force

Sec. 8. (a) The state shall encourage the establishment, maintenance, and development of public libraries throughout Indiana as part of the provision for public education of Indiana.

(b) Public libraries provide free library services in order to meet the educational, informational, and recreational interests and needs of the public.

(c) Library services include:

(1) collecting and organizing books and other library materials; and

(2) providing reference, loan, and related services to library patrons.

(d) Library services are provided by public libraries supported by public funds.

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

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.19.
Ind. Code § 36-9-30-10 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-10
Expenses
Status: in_force

Sec. 10. All expenses incurred by the board in carrying out this chapter shall be paid solely from money provided under this chapter. The board may not bind itself or the unit beyond the extent to which money has been or may be provided under this chapter.

[Pre-Local Government Recodification Citations: 19-2-1-7 part; 19-2-1-12 part.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-8-15-11 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-11
Resolution; public inspection; notice
Status: in_force

Sec. 11. (a) The resolution and all matters included with the resolution shall be filed and open to inspection by the public at the office of the board.

(b) The board shall give notice of:

(1) the adoption and general purport of the resolution;

(2) the fact that the resolution and included material have been prepared and are on file in the office of the board and may be inspected; and

(3) the fact that on a date named, the board will receive and hear objections from any persons interested in or who will be affected by the proposed project.

The notice shall be published in accordance with IC 5-3-1.

As added by P.L.82-1985, SEC.3.
Ind. Code § 36-9-4-22 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-22
Meetings of board of directors
Status: in_force

Sec. 22. (a) The board of directors of a public transportation corporation shall, by rule, provide for regular meetings to be held at designated intervals throughout the year.

(b) The board shall convene in a special meeting whenever such a meeting is called by the chair or by a majority of the directors. Notice of a special meeting must be given by publication in accordance with IC 5-3-1.

(c) The board shall keep its meetings open to the public.

[Pre-Local Government Recodification Citation: 19-5-2-14 part.]

As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1981, P.L.45, SEC.38; P.L.127-2017, SEC.280.
Ind. Code § 36-9-6.5-11 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-11
Deposit of bond proceeds
Status: in_force

Sec. 11. All proceeds from the sale of bonds issued under section 9 of this chapter shall be kept as a separate and specific fund to pay for the cost of land, rights-of-way, and other property acquired and of the cost of the work and all costs and expenses incurred in connection with it, and no part may be used for any other purpose. The fund shall be deposited at interest with the depository or depositories of other public funds of the consolidated city, and all interest collected on it belongs to the fund.

As added by Acts 1982, P.L.77, SEC.12.
Ind. Code § 36-3-4-1 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-1
Application of chapter
Status: in_force

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

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-7-13-3.8 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-3.8
"State and local income taxes"
Status: in_force

Sec. 3.8. As used in this chapter, "state and local income taxes" means taxes imposed under any of the following:

(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax).

(2) IC 6-3.6 (local income tax).

As added by P.L.125-1998, SEC.9. Amended by P.L.192-2002(ss), SEC.174; P.L.197-2016, SEC.125.
Ind. Code § 36-7-7.7-11 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-11
Comprehensive asset management report
Status: in_force

Sec. 11. Before October 1, 2021, the MPO shall do the following:

(1) Develop a comprehensive asset management report, in collaboration with the Indiana department of transportation centralized electronic statewide asset management data base developed under IC 8-14-3-3, which analyzes and compiles the transportation asset management plans of each eligible political subdivision that is a member of the MPO.

(2) Present the comprehensive asset management report described in subdivision (1) to:

(A) the city-county council of the consolidated city;

(B) the fiscal and legislative bodies of each entity that is a member of the MPO; and

(C) the budget committee.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-7-2.5-23.5 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-23.5
Failure of unit to meet deadline
Status: in_force

Sec. 23.5. (a) If a unit fails to meet the deadlines set forth in this chapter, the unit shall:

(1) forfeit any regulatory fee owed by the applicant; and

(2) refund any regulatory fee that has been paid by the applicant;

to the unit.

(b) This section does not apply if a unit fails to meet a deadline set forth in this chapter as a result of a delay described in section 23 of this chapter.

As added by P.L.73-2026, SEC.18.
Ind. Code § 36-8-9-9 — Indiana Code / Title 36 / Article 8 / Chapter 9 / Section 36-8-9-9
Body armor
Status: in_force

Sec. 9. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a).

(b) After December 31, 2010, a town shall provide an active member of the police department of the town with body armor for the torso. The town shall replace the body armor for the torso according to the replacement period recommended by the manufacturer of the body armor for the torso.

(c) An active member of the police department of a town shall not be required to pay for maintenance of the body armor for the torso furnished under this section.

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

As added by P.L.34-2010, SEC.7.
Ind. Code § 36-9-29-6 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-6
Special benefit district; territory included
Status: in_force

Sec. 6. (a) If twenty-five percent (25%) or more of the territory included within the corporate boundaries of the city petitioning for the establishment of a flood control district has been inundated by flood waters during the preceding ten (10) years, then all of the property within the corporate boundaries of the city is conclusively presumed to be specially benefited and shall be included in the district, except for property that is subject to inundation from floods and will not be included within or protected by the proposed flood control works.

(b) If twenty-five percent (25%) or more of the territory within the corporate boundaries of any town included in whole or in part in the flood control district has been inundated by flood waters during the preceding ten (10) years, then all of the property within the town is conclusively presumed to be specially benefited and shall be included in the district, except for property that is subject to inundation and will not be included within or protected by the proposed flood control works.

(c) Territory that:

(1) is outside the corporate boundaries of a municipality; and

(2) lies at an elevation higher than three (3) feet above the highest flood stage during the preceding ten (10) years;

may be included in a flood control district only if it will be included within or protected by the proposed flood control works.

[Pre-Local Government Recodification Citation: 19-4-18-4 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-8-12-10.9 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-10.9
Notice of absence; remuneration
Status: in_force

Sec. 10.9. (a) The employer may require an employee who will be absent from employment as set forth in:

(1) section 10.5(c)(1); or

(2) section 10.7(b)(1);

of this chapter to notify the employer before the scheduled start time for the absence from employment to be excused by the employer.

(b) The employer is not required to pay salary or wages to an employee who has been absent from employment as set forth in section 10.5(c) or 10.7(b) of this chapter for the time away from the employee's duty station. The employee may seek remuneration for the absence from employment by the use of:

(1) vacation leave;

(2) personal time;

(3) compensatory time off; or

(4) in the case of an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter, sick leave.

(c) An employer shall administer an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter in a manner consistent with the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended and in effect on January 1, 2009.

As added by P.L.43-2005, SEC.5. Amended by P.L.63-2009, SEC.4; P.L.1-2010, SEC.153.
Ind. Code § 36-7-30-8 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-8
Duties of reuse authority
Status: in_force

Sec. 8. The military base reuse authority shall do the following:

(1) Investigate, study, and survey the area surrounding and the real property and structures that are part of a military base within the corporate boundaries of the unit.

(2) Investigate, study, and determine the means by which military base property may be reused by private enterprise to promote economic development within the unit or by state and local government to otherwise benefit the welfare of the citizens of the unit.

(3) Promote the reuse of military base property in the manner that best serves the interests of the unit and its inhabitants.

(4) Cooperate with the departments and agencies of the unit and of other governmental entities, including the state and the federal government, in the manner that best serves the purposes of this chapter.

(5) Make findings and reports on their activities under this section, and keep the reports available for inspection by the public.

(6) Select and acquire military base property to be reused by private enterprise or state or local government under this chapter.

(7) Transfer acquired military base property and other real and personal property to private enterprise or state or local government in the manner that best serves the social and economic interests of the unit and the unit's inhabitants.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-7-11.9-9.7 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-9.7
"Tax-exempt bonds"
Status: in_force

Sec. 9.7. "Tax-exempt bonds" means bonds, the interest on which will be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code.

As added by P.L.25-1987, SEC.45.
Ind. Code § 36-6-4.5-4 — Indiana Code / Title 36 / Article 6 / Chapter 4.5 / Section 36-6-4.5-4
Township legislative body; resolution filing requirements
Status: in_force

Sec. 4. The township legislative body must file the resolution with the county executive of the county in which the township is located not later than ten (10) business days after the date the resolution is adopted by the township legislative body or the resolution is void.

As added by P.L.24-2022, SEC.6.
Ind. Code § 36-1-21-1 — Indiana Code / Title 36 / Article 1 / Chapter 21 / Section 36-1-21-1
Applicability
Status: in_force

Sec. 1. This chapter applies only to a unit.

As added by P.L.135-2012, SEC.8.
Ind. Code § 36-7-12-19 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-19
Special tax levy; transfer of money to department of economic development; adoption and submission of proposed budget
Status: in_force

Sec. 19. (a) The fiscal body of a unit may levy a special tax to pay the costs of operation of its economic development commission, but this tax may not be used to pay any of the costs attributable to the acquisition and leasing or sale of economic development or pollution control facilities, except for advancements to be reimbursed from bond proceeds.

(b) Any unit having money raised by taxation for any type of industrial aid or development as authorized by any other statute may transfer that money to its department of economic development to carry out the purposes of this chapter.

(c) Before a tax is levied under subsection (a) or money is transferred under subsection (b), the economic development commission must:

(1) adopt a proposed budget for the use of the money it will receive from the levy or transfer; and

(2) submit the budget to the fiscal body of the unit that established the commission.

The fiscal body may review and modify the proposed budget.

[Pre-Local Government Recodification Citation: 18-6-4.5-12.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.310, SEC.73.
Ind. Code § 36-7-4-916 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-916
Board of zoning appeals; rules
Status: in_force

Sec. 916. (a) The board of zoning appeals shall adopt rules, which may not conflict with the zoning ordinance, concerning:

(1) the filing of appeals;

(2) the application for variances, special exceptions, special uses, contingent uses, and conditional uses;

(3) the giving of notice;

(4) the conduct of hearings; and

(5) the determination of whether a variance application is for a variance of use or for a variance from the development standards (such as height, bulk, or area).

(b) The board of zoning appeals may also adopt rules providing for:

(1) subject to section 916.5 of this chapter (in the case of a metropolitan board of zoning appeals), the allocation of cases filed among the divisions of the board of zoning appeals; and

(2) the fixing of dates for hearings by the divisions.

(c) Rules adopted by the board of zoning appeals shall be printed and be made available to all applicants and other interested persons.

[Pre-Local Government Recodification Citations: 18-7-2-59 part; 18-7-2-69 part; 18-7-4-916; 18-7-4-77 part; 18-7-5-81 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.47; Acts 1982, P.L.212, SEC.4; P.L.357-1983, SEC.8; P.L.161-2021, SEC.8.
Ind. Code § 36-6-9-2 — Indiana Code / Title 36 / Article 6 / Chapter 9 / Section 36-6-9-2
"Capital improvement"
Status: in_force

Sec. 2. As used in this chapter, "capital improvement" means:

(1) acquisition of land;

(2) site improvements;

(3) infrastructure improvements;

(4) construction of buildings or structures;

(5) rehabilitation, renovation, or enlargement of buildings or structures; or

(6) acquisition or improvement of machinery, equipment, furnishings, or facilities.

As added by P.L.129-2019, SEC.4.
Ind. Code § 36-12-2-3 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-3
Corporate boundaries; annexation
Status: in_force

Sec. 3. (a) The corporate boundaries of the public library must be described in the resolution of establishment, conversion, transfer, or merger filed:

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

(2) with the Indiana state library.

(b) If the corporate boundaries of a unit and a Class 1 public library are coextensive, territory annexed by the unit becomes part of the library district if the annexed territory is not already part of another library district. Whenever a public library annexes territory under this subsection, the library board shall file a statement describing the annexed territory:

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

(2) with the Indiana state library.

If the territory annexed by a unit is already a part of another library district, the territory remains a part of the other library district unless the library boards of both public libraries pass a resolution of transfer under section 4 of this chapter.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-11.1-13.1 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-13.1
Agricultural nonconforming use
Status: in_force

Sec. 13.1. (a) The definitions used in this section apply only to this section.

(b) As used in this section, "agricultural use" refers to land that is used for:

(1) the production of livestock or livestock products, commercial aquaculture, equine or equine products, poultry or poultry products, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, bees and apiary products, tobacco, or other agricultural crops, in the case of land that was not subject to a comprehensive plan or zoning ordinance before the most recent plan or zoning ordinance, including any amendments, was adopted; or

(2) agricultural purposes as defined in or consistent with a comprehensive plan or zoning ordinance that:

(A) the land was subject to; and

(B) was repealed before the adoption of the most recent comprehensive plan or zoning ordinance, including any amendments.

(c) As used in this section, "agricultural nonconforming use" means the agricultural use of the land is not permitted under the most recent comprehensive plan or zoning ordinance, including any amendments, for the area where the land is located.

(d) An agricultural use of land that constitutes an agricultural nonconforming use may be changed to another agricultural use of land without losing agricultural nonconforming use status.

(e) A county or municipality may not, through the county or municipality's zoning authority, do any of the following:

(1) Terminate an agricultural nonconforming use if the agricultural nonconforming use is maintained for at least any three (3) year period in a five (5) year period.

(2) Restrict an agricultural nonconforming use.

(3) Require any of the following for the agricultural nonconforming use of the land:

(A) A variance for the land.

(B) A special exception for the land.

(C) A special use for the land.

(D) A contingent use for the land.

(E) A conditional use for the land.

(F) A permit for work under section 8 of this chapter.

(G) A certificate of appropriateness.

(f) Notwithstanding subsection (e), this section does not prohibit a county, a municipality, or the state from requiring an agricultural nonconforming use to be maintained and operated in compliance with all:

(1) state environmental and state health laws and rules; and

(2) requirements to which conforming agricultural use land is subject under the county's comprehensive plan or zoning ordinance.

As added by P.L.113-1998, SEC.3. Amended by P.L.106-1999, SEC.3.
Ind. Code § 36-1-11-10 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-10
Lease of property; procedure
Status: in_force

Sec. 10. (a) A disposing agent may lease property rather than sell, transfer, or exchange it under this chapter only if the disposing agent determines that a lease rather than a sale, transfer, or exchange would be in the best interest of the disposing agent's political subdivision or agency and the public. Except as provided in section 12 of this chapter, the disposing agent must proceed under this section in leasing property.

(b) The disposing agent shall first have the property appraised in the manner prescribed in section 4(b) of this chapter, except that the appraisers shall determine the fair market rental value of the property.

(c) The disposing agent shall receive bids in the manner prescribed in section 4 of this chapter and lease the property to the highest and best bidder. The disposing agent may reject all bids. If the disposing agent rejects all bids, the disposing agent must make a written determination to reject all bids explaining why all bids were rejected.

(d) The disposing agent shall determine the terms and conditions of any lease under this section, which may include options to renew and options to purchase. The property may not be leased to a person who is ineligible under section 16 of this chapter.

(e) The terms of a lease with option to purchase may provide that all or part of the rental payments under the lease apply to the purchase price. The purchase price must be equal to at least the minimum sale price determined under section 4(f) of this chapter.

(f) Property owned by a political subdivision or agency may be leased for a term longer than three (3) years if the lease is approved by the fiscal body of the political subdivision.

(g) The disposing agent may lease the real property under this section for a value that is less than ninety percent (90%) of the appraised fair market rental value as determined by the average of the two (2) appraisals under section 4(b) of this chapter only after publishing an additional notice in accordance with IC 5-3-1, stating the amount of the bid to be accepted. If the disposing agent rejects all bids, the disposing agent must make a written determination to reject all bids explaining why all bids were rejected.

[Pre-Local Government Recodification Citations: 17-1-14-11 part; 18-4-5-6 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.339-1983, SEC.1; P.L.60-1988, SEC.31; P.L.188-2011, SEC.5.
Ind. Code § 36-9-39-21 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-21
Assessment roll; formulation; contents
Status: in_force

Sec. 21. (a) After the contract for the construction of sewage works has been completed, the municipal works board shall make out an assessment roll for the property that is primarily assessed for the sewage works.

(b) The assessment roll prepared under subsection (a) must include the following:

(1) The name of the owner of each lot or parcel of land.

(2) A description of each lot or parcel of land.

(3) The total primary assessment against each lot or parcel of land, as determined under sections 15 through 19 of this chapter. The amount of the total primary assessment shall be listed opposite each name and description.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-1-1-2 — Indiana Code / Title 36 / Article 1 / Chapter 1 / Section 36-1-1-2
Preservation of materials related to title
Status: in_force

Sec. 2. The general assembly may, by concurrent resolution, preserve any of the materials related to the enactment of this title that it considers appropriate.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-8-16.7-11 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-11
"Executive director"
Status: in_force

Sec. 11. As used in this chapter, "executive director" refers to the executive director of the board.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-9-6-18 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-18
Private watercourses; bridges
Status: in_force

Sec. 18. The works board may require the owners of canals and watercourses to construct and maintain bridges across them at street and alley intersections.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-6-1-4 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-4
Affidavit
Status: in_force

Sec. 4. The fact that each person signing the petition described in section 3 of this chapter is a resident freeholder must be verified by affidavit.

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

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-7-22-5 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-5
Apportionment of benefits
Status: in_force

Sec. 5. (a) The benefits accruing to parcels of real property within an economic improvement district may be apportioned among those parcels on any basis reasonably representative of the diffusion of benefits from the economic improvement project, including the following:

(1) Proximity of the parcel to the project.

(2) Accessibility of the parcel to the project.

(3) True cash value of the parcel.

(4) True cash value of any improvement on the parcel.

(5) Age of any improvement on the parcel.

(6) Other similar factors.

The apportionment of benefits under this subsection may be adjusted by zone or land use as provided in subsections (b) and (c).

(b) If the benefit of the economic development project varies from one (1) area to another within the economic improvement district, up to three (3) zones may be established within the district to delineate the approximate difference in beneficial impact, and benefits may be apportioned accordingly.

(c) In order to encourage the retention or development of various land uses within the district, assessments may be adjusted according to the zoning classification of the property.

As added by P.L.195-1988, SEC.1.
Ind. Code § 36-7-2.5-20 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-20
Use of private provider because unit unable to timely complete plan review or inspection; refund of fees
Status: in_force

Sec. 20. If:

(1) an applicant indicates on the application that the unit will perform the plan review or inspection;

(2) the unit notifies the applicant under section 18 of this chapter that the unit is unable to perform a plan review or inspection within the time required; and

(3) the applicant elects instead to use a private provider to perform the plan review or inspection;

the unit shall refund any fees the applicant paid to the unit for a plan review or inspection. However, the unit may withhold from the refund or charge the applicant a convenience fee of not more than one hundred dollars ($100).

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-10-11-28 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-28
Refunding bonds; redemption
Status: in_force

Sec. 28. For the purposes of sections 25, 26, and 27 of this chapter, bonds are redeemed on the date selected for redemption if:

(1) the full amount necessary to effect complete redemption has been deposited in accordance with the trust indenture securing or resolution providing for the issuance of the bonds; and

(2) all action necessary to redeem the bonds has been taken so that the bonds are no longer considered outstanding under the trust indenture or resolution and are no longer payable from the income and revenues of the particular building, or buildings, financed from the proceeds of the bonds.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-15.5-16 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-16
Property owned by state or municipal corporation; payment of assessments; charges; services as payment
Status: in_force

Sec. 16. (a) If property located within an improvement and maintenance district is owned and used by the state or any municipal corporation, the commission shall determine the amount that would be levied as an assessment for the property under section 14 of this chapter and provide this information to the governor or the executive of the municipal corporation. The state or the municipal corporation may choose to pay an amount equal to the assessment. The state or the municipal corporation shall indicate no later than forty-five (45) days after receiving this information in writing from the commission whether or not it will pay this amount. If it indicates in writing that it will pay this amount, it shall pay the amount. If it does not obligate itself to pay the amount, the department is responsible for payment of this amount. However, the department may charge the state or the municipal corporation:

(1) for expenses incurred in carrying out the improvement and maintenance project on or relative to land owned and used by the state or the municipal corporation; and

(2) a reasonable sum for allowing the introduction into the canal of any geothermal discharge water from properties owned and used by the state or the municipal corporation.

(b) If the department and the state or the municipal corporation do not agree on the amount that should be charged under subsection (a)(1) and (a)(2), the amount shall be determined by a three (3) person committee consisting of a representative of the governor or the executive of the municipal corporation (whichever is involved in the disagreement), a representative of the department, and a third person mutually agreed upon by those two (2) representatives.

(c) If the commission and the state or the municipal corporation agree, the state or the municipal corporation may provide specified services in part or all of the improvement and maintenance district as a substitute for paying part or all of the amount identified under subsection (a).

As added by P.L.194-1988, SEC.1.
Ind. Code § 36-8-8-21 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-21
1977 fund members; age limitation; aptitude, physical agility, and physical and mental standards; credit for prior service
Status: in_force

Sec. 21. (a) This section applies to:

(1) police officers and firefighters who are employed by units that become participants in the 1977 fund under section 3(c) of this chapter;

(2) police officers and firefighters who are employed by an airport authority that becomes a participant in the 1977 fund under section 3(e) of this chapter; or

(3) firefighters who become members of the 1977 fund under section 7(g) of this chapter.

(b) A police officer or firefighter may become a member of the 1977 fund without meeting the age limitation under section 7(a) of this chapter if the police officer or firefighter satisfies:

(1) any aptitude, physical agility, or physical and mental standards established by a local board under IC 36-8-3.2; and

(2) the minimum standards that are:

(A) adopted by the system board under section 19 of this chapter; and

(B) in effect on the date the police officer or firefighter becomes a member of the 1977 fund.

(c) Credit for prior service of a police officer or firefighter who becomes a member of the 1977 fund under this section shall be determined under section 18 or 18.1 of this chapter. No service credit beyond that allowed under section 18 or 18.1 of this chapter may be recognized under the 1977 fund.

As added by P.L.313-1989, SEC.3. Amended by P.L.4-1990, SEC.21; P.L.4-1992, SEC.53; P.L.35-2012, SEC.139; P.L.130-2015, SEC.4; P.L.102-2023, SEC.12.
Ind. Code § 36-7-4-1109.3 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1109.3
Appeal of granted permit; tolling of time for commencing and completing permitted use; approved permitted use as lawful use while appeal pending
Status: in_force

Sec. 1109.3. (a) This section applies if:

(1) a zoning ordinance establishes a time within which an applicant must obtain a permit or commence or complete a permitted use; and

(2) the local authority's decision to grant the applicant the permit is appealed.

(b) The time specified in the zoning ordinance for:

(1) commencing a permitted use is tolled to allow the permitted use to be commenced:

(A) upon the start of actual construction of the use as approved; and

(B) not later than two (2) years after the date of the final disposition of all appeals of the permitting authority's decision; and

(2) completing a permitted use may not begin to run until actual construction has started.

Any zoning ordinance to the contrary is invalid or unenforceable.

(c) Upon approval of a permit, the approved permitted use constitutes a lawful use:

(1) while an appeal of the local authority's decision approving the permit is pending; and

(2) that may not be affected by any subsequently adopted zoning provisions.

If approval of the permit is upheld on final appeal, the permitted use shall be allowed to be commenced within the extended two (2) year period set forth in subsection (b).

As added by P.L.202-2025, SEC.19.
Ind. Code § 36-10-7-6 — Indiana Code / Title 36 / Article 10 / Chapter 7 / Section 36-10-7-6
Townships containing a town and having a population of at least 8,500; acquisition, improvement, maintenance, and disposal of land for park purposes; procedure; issuance of bonds; tax levy; employment of needy persons
Status: in_force

Sec. 6. (a) This section applies to all townships having a population of at least eight thousand five hundred (8,500) that contain a town.

(b) The township executive may do the following in relation to township parks:

(1) Purchase, acquire by eminent domain, accept by grant, devise, bequest, or other conveyance, or otherwise acquire land within the township for park purposes.

(2) Make necessary improvements on the land.

(3) Maintain and operate the land.

(4) Dispose of all or part of the land that is unnecessary for the park or park purposes.

(c) If the executive decides to acquire land for park purposes under this section, the following procedures apply:

(1) A resolution to that effect shall be adopted by the legislative body and shall be entered upon the minutes of the legislative body. The resolution must be signed by the members of the legislative body and by the executive.

(2) Upon a petition signed in ink by at least one hundred (100) resident taxpayers and freeholders of the township, the executive shall, after the adoption of the resolution, fix a day not less than fifteen (15) nor more than twenty (20) days after adoption during which time remonstrances may be filed with the executive against the resolution.

(3) The executive shall give notice by publication of the resolution and of the time limits for filing remonstrances in accordance with IC 5-3-1.

(4) Remonstrances must be signed in ink and shall be filed not later than the day fixed for the expiration of the time for filing remonstrances in the notices.

(5) If the number of signers of remonstrances exceeds the number of signers who have signed the original petition, determined by the same qualifications, the executive may give notice, in accordance with IC 5-3-1, of a date by which time a supplementary petition containing the names of qualified signers in addition to the names signed to the first petition may be filed asking for acquisition.

(6) A supplemental petition must be signed in ink by signers having the same qualifications as required for the original petition.

(7) If, after the expiration of the period for filing a supplemental petition, it is determined that the number of qualified signers to the original petition and the supplemental petition exceeds the number of signers to the remonstrance, the executive may proceed with the acquisition of land and the improvement and operation of it.

(8) If the number signing the remonstrance is greater than the number signing the original and supplemental petition, then the township may not proceed with the improvement.

However, the remonstrance does not prevent the acquisition of land or inhibit the power of the executive to acquire parkland unless at least twenty percent (20%) of the resident freeholders who are also legal voters, execute the remonstrance. Only the executive and the legislative body may determine the sufficiency of a petition or remonstrance and the qualifications of a signer. These matters are subject to review only for fraud.

(d) The executive may acquire any property, land, privilege, immunities, or other species of interest reasonably necessary for the park or for the purpose of improving, maintaining, or operating it. The executive may sue in the name of the township for the condemnation of any property, land, privilege, immunities, or other species of interest in accordance with statutes available to municipal corporations for condemnation.

(e) To provide money for any of the purposes of this section, the legislative body may authorize the executive to issue the bonds of the township. However, the total bonds issued and outstanding at any time for such purposes may not exceed ninety thousand dollars ($90,000). The bonds may bear interest at any rate, may be made payable semiannually, shall be sold for at least their par value, and run for a period of not less than ten (10) nor more than twenty (20) years. Parts of the total issue may be sold from time to time as the executive determines. After the authorization of the bonds, the executive shall, in accordance with IC 5-3-1, publish notice of that part of the bonds that will be sold at that time. The notice must state the amount of bonds offered, the denomination, the period to run, the rate of interest, and the date, place, and hour of sale. No part of the bonds may be sold except after notice.

(f) The legislative body shall levy annually a sufficient tax to pay at least the principal and interest of bonds that will mature in the following year, and the executive shall apply the tax to the payment of bonds and interest. The tax levy is in addition to other tax levies. The tax shall be levied and collected on all property within the boundaries of the township, including municipalities. The cost of the care, upkeep, repair, maintenance, and improvement of the park shall be paid out of the general fund of the township, and the legislative body shall increase the levy of the fund each year by an amount sufficient to provide the money to maintain the park.

(g) The executive shall direct the expenditure of the money raised by the bond issue to save money that otherwise would be expended for township assistance. The executive may offer persons who are able-bodied and capable of work the opportunity to work upon the park improvement. If a person refuses without good excuse, the executive shall consider the refusal prima facie evidence that the person is not entitled to township assistance.

[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 17-4-41-1;subsection (c) formerly 17-4-41-2; subsection (d) formerly 17-4-41-3; subsection (e) formerly 17-4-41-4; subsection (f) formerly 17-4-41-5; subsection (g) formerly 17-4-41-6.]

As added by Acts 1981, P.L.309, SEC.114. Amended by Acts 1982, P.L.6, SEC.31; P.L.157-1991, SEC.11; P.L.73-2005, SEC.175.
Ind. Code § 36-2-2.9-8 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-8
Approval of contract by county executive
Status: in_force

Sec. 8. If:

(1) the contract is not disapproved under section 7 of this chapter; and

(2) the county executive finds the contract:

(A) complies with IC 36-2-2.8; and

(B) is otherwise acceptable;

the county executive may approve and authorize execution of the contract by the county officer or the county executive.

As added by P.L.139-2024, SEC.2. Amended by P.L.1-2025, SEC.233.
Ind. Code § 36-4-7-8 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-8
Ordinances; additional appropriations or decrease
Status: in_force

Sec. 8. After the passage of the appropriation ordinance, the city legislative body may, on the recommendation of the city executive, make further or additional appropriations by ordinance, unless their result is to increase the tax levy set under IC 6-1.1-17. The legislative body may, by ordinance, decrease any appropriation. The executive may, by executive order, decrease the appropriation made for any executive department.

[Pre-Local Government Recodification Citation: 18-1-6-6.5 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.10.
Ind. Code § 36-7-9-26 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-26
Recording of orders, statements of rescission, statements of public bids, and records of actions taken by hearing authority
Status: in_force

Sec. 26. (a) The enforcement authority shall record in the office of the county recorder orders issued under section 5(a)(6), 5(a)(7), 6(a), or 7.5 of this chapter. If the enforcement authority records an order issued under section 5(a)(6), 5(a)(7), 6(a), or 7.5 of this chapter, statements of rescission issued under section 6(b) of this chapter, statements that public bids are to be let under section 11 of this chapter, and records of action in which the order is affirmed, modified, or rescinded taken by the hearing authority under section 7 of this chapter shall be recorded. The recorder shall charge the fee required under IC 36-2-7-10 for recording these items.

(b) A person who takes an interest in unsafe premises that are the subject of a recorded order takes that interest, whether or not a hearing has been held, subject to the terms of the order and other documents recorded under subsection (a) and in such a manner that all of the requirements of sections 10, 11, and 17 through 22 of this chapter relating to the issuance of orders, service of orders and affirmation of orders are considered satisfied. If a hearing has been held, the interest is taken subject to the terms of the order as modified at the hearing, in other documents recorded under subsection (a), and in such a manner that all of the requirements of sections 10, 11, and 17 through 22 of this chapter relating to the issuance of orders, service of orders, and modification of orders at hearing are considered satisfied.

(c) A person who takes an interest in unsafe premises that are the subject of a recorded statement that public bids are to be let takes the interest subject to the terms of the statement and in such a manner that the notice of the statement required by section 11 of this chapter is considered given to the person.

[Pre-Local Government Recodification Citations: 18-5-5.5-5; 18-5-5.5-8.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.290-1985, SEC.9; P.L.59-1986, SEC.16; P.L.177-2003, SEC.9; P.L.247-2015, SEC.49.
Ind. Code § 36-9-22.5-3 — Indiana Code / Title 36 / Article 9 / Chapter 22.5 / Section 36-9-22.5-3
"Sewer system"
Status: in_force

Sec. 3. As used in this chapter, "sewer system" includes a sewer system owned or operated by any of the following:

(1) A public utility (as defined in IC 8-1-2-1(a)).

(2) A municipality under IC 36-9-23 or IC 36-9-25.

(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).

(4) A cooperatively owned corporation.

(5) A conservancy district established under IC 14-33.

(6) A regional sewer district established under IC 13-26.

The term does not include a sewer system owned or operated by the Indiana department of transportation.

As added by P.L.150-2019, SEC.2.
Ind. Code § 36-7-7.7-4 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-4
Members
Status: in_force

Sec. 4. (a) An eligible political subdivision that:

(1) is not a member of the MPO; and

(2) is in a county adjacent to a county that:

(A) is a member of the MPO; or

(B) contains a member of the MPO;

may join the MPO under this chapter.

(b) An eligible political subdivision described in subsection (a) may join the MPO under this chapter only if:

(1) the governing body of the eligible political subdivision adopts a resolution authorizing the eligible political subdivision to become a member of the MPO; and

(2) the MPO adopts a resolution authorizing the eligible political subdivision to become a member of the MPO.

(c) An eligible political subdivision becomes a member of the MPO upon the passage of a resolution under subsection (b)(2) authorizing the eligible political subdivision to become a member of the MPO.

(d) The MPO shall notify the governor's office promptly in writing when a new member joins the MPO.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-8-2.1-5 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-5
Procedures; statement of rights
Status: in_force

Sec. 5. (a) This section applies to a public safety officer who is the subject of a complaint or an internal investigation.

(b) When a public safety officer is subjected to interview by the public safety officer's department, as described in subsection (a), the following procedures apply:

(1) The interview shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, unless, in the judgment of the interviewer, the seriousness of the investigation requires an immediate interview.

(2) The interview shall take place at the public safety officer's department or an equivalent office setting designated by the interviewer.

(3) The interviewer shall inform the public safety officer of the name, rank, and assignment of the officer or member of the fire department in charge of the investigation, the interviewer, and all other persons present during the interview.

(4) The interviewer shall present the public safety officer with a statement of rights to be signed by the interviewer and the public safety officer. The statement of rights must be in substantially the following form:

STATEMENT OF RIGHTS

I wish to advise you that you are being questioned as part of an official investigation of the ______ Department. You will be asked questions specifically, directly, and narrowly related to the performance of your official duties as a _____ or concerning your fitness for service as a ____. You have the constitutional right not to incriminate yourself.

Under no circumstances will your statement be used in any subsequent criminal court action against you. However, factual information contained in the internal affairs file on this investigation, including your statement, is generally discoverable in civil rights litigation filed in federal or state court and may be used to impeach your testimony. In addition, this factual information may be used in any criminal proceeding in which you are a witness.

I further wish to advise you that if you refuse to give a statement or answer questions relating to the performance of your official duties or fitness for duty, you will be subjected to departmental charges that could result in your dismissal from the ____ Department.

Signed _______ (Interviewer).

I have read the above and understand it fully. I sign this statement having been advised of the above rights before any questions have been asked of me.

Signed _______ (Police officer or Firefighter).

Date and time _________.

(5) In a noncriminal case, once a public safety officer is scheduled for an interview under this subsection, the officer in charge of the investigation must provide the public safety officer with a copy of the complaint, if one exists. In a criminal case, the officer in charge of the investigation must inform the public safety officer of the nature of the complaint. The officer in charge of the investigation is not required to disclose the name of the complainant to the public safety officer.

(6) An interview session shall be for a reasonable duration of time and must allow for personal necessities and rest periods as reasonably necessary.

(7) An interview of a public safety officer as described in this subsection shall be tape recorded at the request of either party. A written transcript must be provided to the public safety officer upon request, at no cost to the public safety officer.

(8) If at the time of the interview the public safety officer is under arrest or in custody, the interviewer must completely inform the public safety officer of the public safety officer's federal and state constitutional rights regarding self-incrimination prior to the commencement of the interview.

(9) A public safety officer may not be required to waive any immunities under federal or state law at any point in an investigation.

(10) A question posed to a public safety officer must specifically, directly, and narrowly relate to the performance of duties or fitness for service as a public safety officer.

(11) A public safety officer shall have the right to be represented by an attorney or other representative during an interview where the interview relates to the public safety officer's continued fitness for law enforcement service (in the case of a police officer) or fire service (in the case of a firefighter). The public safety officer shall be provided a reasonable period of time to obtain representation, which may not exceed seventy-two (72) hours from the time of request, unless agreed upon by both parties. The attorney or representative may not participate in the interview, except to advise the public safety officer.

As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.7.
Ind. Code § 36-7-7-12 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-12
Annual appropriation budget; tax levy; use of funds
Status: reserved

Sec. 12. (a) The commission shall prepare and adopt an annual appropriation budget for its operation, which shall be apportioned to each participating county on a pro rata per capita basis. After adoption, any amount that does not exceed an amount for each participating county equal to thirty cents ($0.30) per capita shall be certified to the respective county auditor who shall advertise the amount and establish the rate in the same manner as other county budgets. Any amount of the adopted budget that exceeds an amount equal to thirty cents ($0.30) per capita for each participating county is subject to review by the county fiscal body in the usual manner of budget review. The tax so levied and certified shall be estimated and entered upon the tax duplicates by the county auditor and shall be collected and enforced by the county treasurer in the same manner as other county taxes are estimated, entered, collected, and enforced. The tax, as collected by the county treasurer, shall be transferred to the commission.

(b) In fixing and determining the amount of the necessary levy for the purpose provided in this section, the commission shall take into consideration the amount of revenue, if any, to be derived from the federal grants, contractual services, and miscellaneous revenues above the amount of those revenues considered necessary to be applied upon or reserved upon the operation, maintenance, and administrative expenses for working capital throughout the year.

(c) After approval no sums may be expended except as budgeted unless the commission authorizes their expenditure. Before the expenditure of sums appropriated as provided in this section, a claim must be filed and processed as other claims for allowance or disallowance, for payment as provided by law.

(d) Any two (2) of the following officers may allow claims:

(1) Chair.

(2) Vice chair.

(3) Secretary.

(4) Treasurer.

The treasurer of the commission may receive, disburse, and otherwise handle funds of the commission subject to applicable statutes and procedures established by the commission.

(e) The commission shall act as a board of finance under the statutes relating to the deposit of public funds by political subdivisions.

(f) Any appropriated money remaining unexpended or unencumbered at the end of the year becomes part of a nonreverting cumulative fund to be held in the name of the commission. Unbudgeted expenditures from this fund may be authorized by vote of the commission and upon other approval as required by statute. The commission is responsible for the safekeeping and deposit of such sums, and the state board of accounts shall prescribe the methods and forms for keeping the accounts, records, and books to be used by the commission. The books, records, and accounts of the commission shall be periodically audited by the state board of accounts, and these audits shall be paid for as provided by statute.

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

As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992, SEC.4; P.L.165-2003, SEC.5; P.L.127-2017, SEC.182.
Ind. Code § 36-5-5-4 — Indiana Code / Title 36 / Article 5 / Chapter 5 / Section 36-5-5-4
Joint employment
Status: in_force

Sec. 4. The legislative bodies of two (2) or more towns may employ the same person as the manager of their respective towns.

[Pre-Local Government Recodification Citation: 18-3-1.5-1 part.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-7-31.3-9.3 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-9.3
General assembly findings
Status: in_force

Sec. 9.3. The general assembly finds that the city of Marion is subject to special circumstances that justify special legislation to allow the city of Marion to establish a tax area under section 9 of this chapter, before January 1, 2005.

As added by P.L.220-2011, SEC.666.
Ind. Code § 36-2-7.5-7 — Indiana Code / Title 36 / Article 2 / Chapter 7.5 / Section 36-2-7.5-7
State board of accounts to establish procedures
Status: in_force

Sec. 7. The state board of accounts shall establish reasonable procedures for a county recorder to follow:

(1) when receiving and reviewing a document submitted for recording or filing; and

(2) in order to comply with this chapter.

As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.16.
Ind. Code § 36-9-29-12 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-12
Employees; compensation; duties
Status: in_force

Sec. 12. The flood control board may employ and fix the compensation of all the employees necessary to enable it to perform its duties under this chapter without undue delay.

[Pre-Local Government Recodification Citation: 19-4-18-6 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-8-11-9.5 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-9.5
Multiple county district; petition against establishment of district
Status: in_force

Sec. 9.5. (a) This section applies to a district that contains a municipality located in two (2) counties.

(b) This section does not apply to a merged district under section 23 of this chapter.

(c) The freeholders owning land within the proposed district may file a petition opposing the establishment of the district with the county auditor of the county where the freeholder's land is located. If a petition is filed in both counties, the county auditor of the secondary county shall forward the petition to the primary county and certify to the primary county the number of freeholders who signed the petition. A petition against the establishment of the fire protection district must be presented to the legislative body of the primary county at or after a hearing on the petition to establish a district and before the adoption of an ordinance or resolution establishing the district.

(d) If the legislative body of the primary county finds that the petition contains the signatures of fifty-one percent (51%) of the freeholders within the proposed district or of the freeholders who own two-thirds (2/3) of the real property within the proposed district, determined by assessed valuation, the legislative body shall dismiss the petition for the establishment of the district.

As added by P.L.36-2000, SEC.6.
Ind. Code § 36-3-1-7 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-7
Excluded cities; included towns
Status: in_force

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

Sec. 7. (a) A municipality, other than a first class city, having a population of more than five thousand (5,000) in the county is known as an excluded city and does not become part of the consolidated city under this chapter. In addition, a municipality that had qualified as an excluded city before January 1, 1973, under IC 18-4-1-2(d) (repealed September 1, 1981), is considered an excluded city. Any other municipality is known as an included town and does become part of the consolidated city under this chapter.

(b) This article applies to any part of an included town that is inside the county boundaries, even though part of it is outside those boundaries.

[Pre-Local Government Recodification Citations: 18-4-1-2(d); 18-4-1-2(e).]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.3-1990, SEC.124.
Ind. Code § 36-1-29-6 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-6
"Owner"
Status: in_force

Sec. 6. As used in this chapter, "owner" means a person that has a fee interest in a private property adjacent to and landward of Lake Michigan.

As added by P.L.164-2020, SEC.64.
Ind. Code § 36-6-4-15 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-15
Resignation or death; issuance of call for special meeting by new executive; annual report
Status: in_force

Sec. 15. (a) If the executive resigns or dies, the former executive or the former executive's personal representative shall immediately deliver to the new executive custody of all funds and property of the township. The new executive shall then issue a call for a special meeting of the township legislative body, to be held not more than fifteen (15) days later. At the special meeting the legislative body shall:

(1) examine the records of the township;

(2) inquire into the conduct of the executive's office; and

(3) approve in whole or in part the records, receipts, and expenditures of the township to the date of death or resignation of the former executive.

(b) In the new executive's annual report to the legislative body, the new executive shall distinguish between the new executive's transactions and those of the former executive. The legislative body need not, at its annual meeting under IC 36-6-6-9, review items in the report that were considered at the special meeting.

[Pre-Local Government Recodification Citation: 17-4-28-5 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.159.
Ind. Code § 36-9-1-1 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-1
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.4. Amended by Acts 1981, P.L.309, SEC.67.
Ind. Code § 36-8-19-4 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-4
"Territory" defined
Status: in_force

Sec. 4. As used in this chapter, "territory" refers to a fire protection territory established under this chapter.

As added by P.L.37-1994, SEC.3.
Ind. Code § 36-9-2-16 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-16
Disposal of waste substances and domestic or sanitary sewage; regulation of services and charges
Status: in_force

Sec. 16. A unit may regulate the furnishing of the service of collecting, processing, and disposing of waste substances and domestic or sanitary sewage. This includes the power to fix the price to be charged for that service.

[Pre-Local Government Recodification Citations: 18-1-1.5-7(d); 18-1-1.5-13(d); 18-4-2-17 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-9-27-103 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-103
Construction, reconstruction, or maintenance projects for regulated drains; hearings required
Status: in_force

Sec. 103. Notwithstanding any other provision of this chapter, after the establishment of a cumulative drainage fund, a hearing shall be held before the board undertakes any project to construct or reconstruct a regulated drain or to maintain a regulated drain when the total cost of the maintenance project is more than twenty-five thousand dollars ($25,000). The board shall:

(1) publish a notice of the hearing in accordance with IC 5-3-1; and

(2) mail a notice of the hearing, at least fifteen (15) days before the hearing, to the owner of each piece of property adjoining the proposed or established regulated drain.

[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.84; P.L.206-1984, SEC.11; P.L.154-1993, SEC.9.
Ind. Code § 36-1-6-10 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-10
Establishing election districts; effect of order or ordinance on right of incumbent to continue to serve in office
Status: in_force

Sec. 10. (a) This section applies to:

(1) an ordinance adopted by a unit; or

(2) an order adopted by a county redistricting commission under IC 36-2-2 or IC 36-2-3;

to establish executive, fiscal, or legislative body election districts within the unit.

(b) Except as otherwise provided in the ordinance or order, the ordinance or order takes effect immediately upon passage. However, a previously adopted ordinance or order establishing election districts remains in effect for the purpose of filling a vacancy in the executive, fiscal, or legislative body until the expiration of the term of that office.

(c) A reference in the ordinance or order to the boundary of a political subdivision, a precinct boundary, or an election district boundary refers to the precinct or boundary as the precinct or boundary existed on the date of adoption of the ordinance or order. A change in the boundary of a political subdivision, precinct, or election district following the date of adoption of the ordinance or order does not alter the boundaries of the election districts established by the ordinance or order.

(d) The adoption of an ordinance or order does not affect the right of an individual serving as a member of the executive, fiscal, or legislative body of the unit to continue to serve in office until the expiration of the member's current term specified under state law.

As added by P.L.3-1995, SEC.152. Amended by P.L.3-1997, SEC.449; P.L.176-1999, SEC.131; P.L.169-2015, SEC.170.
Ind. Code § 36-10-9.1-2 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-2
"Authority" defined
Status: in_force

Sec. 2. As used in this chapter, "authority" refers to the county convention and recreational facilities authority created by this chapter.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-7-12-4 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-4
Economic development departments and commissions; creation
Status: in_force

Sec. 4. If the fiscal body of a unit finds it necessary to finance economic development or pollution control facilities under this chapter, the fiscal body may establish a department of economic development, to be controlled by a commission known as "__________ Economic Development Commission", designating the name of the municipality or county.

[Pre-Local Government Recodification Citation: 18-6-4.5-3 part.]

As added by Acts 1981, P.L.309, SEC.31.
Ind. Code § 36-10-15-2 — Indiana Code / Title 36 / Article 10 / Chapter 15 / Section 36-10-15-2
Dedication of real property; vesting of rights in City of Hammond
Status: in_force

Sec. 2. All that part of the real property known as Wolf Lake Memorial Park located in North Township, Lake County, Indiana, that:

(1) on March 14, 1957, was held by the state; and

(2) was not in use and occupied on March 15, 1957, by a toll road project constructed and maintained under IC 8-15-2;

is dedicated as a public recreation area. The use, possession, operation, maintenance, and development of the dedicated real property is vested perpetually in the city of Hammond, Indiana, subject to the limitations set forth in this chapter.

As added by P.L.220-2011, SEC.686.
Ind. Code § 36-2-21-5 — Indiana Code / Title 36 / Article 2 / Chapter 21 / Section 36-2-21-5
No infringement of authority
Status: in_force

Sec. 5. Nothing in this chapter shall be construed to diminish or infringe upon the statutory authority, autonomy, or constitutional duties of:

(1) a county executive;

(2) a county fiscal body;

(3) an elected county officer (as defined in IC 36-2-2.9-3);

(4) a judicial officer (as defined in IC 35-31.5-2-177.7), other circuit officers, or employees of a judicial or circuit officer;

(5) a prosecutor's office;

(6) a public defender's office;

(7) a community corrections advisory board established under IC 11-12-2-2; or

(8) a merit board established under IC 36-8-3.5 or IC 36-8-10-3.

As added by P.L.40-2026, SEC.13.
Ind. Code § 36-7-4-218 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-218
Membership of commission; terms and removal of citizen members
Status: in_force

Sec. 218. (a) When an initial term of office of a citizen member expires, each new appointment of a citizen member is:

(1) for a term of four (4) years (in the case of a municipal, county, or area plan commission);

(2) for a term of three (3) years (in the case of a metropolitan plan commission); or

(3) for a term of one (1), two (2), or three (3) years, as designated by the appointing authority (in the case of the metropolitan development commission).

A member serves until the member's successor is appointed and qualified. A member is eligible for reappointment.

(b) ADVISORY. Upon the establishment of a nine (9) member municipal plan commission, the citizen members shall initially be appointed for the following terms of office:

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

(2) Two (2) for a term of three (3) years.

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

Upon the establishment of a seven (7) member municipal plan commission, two (2) citizen members shall initially be appointed for a term of three (3) years and two (2) shall initially be appointed for a term of four (4) years. Each member's term expires on the first Monday of January of the second, third, or fourth year, respectively, after the year of the member's appointment.

(c) ADVISORY. Upon the establishment of a county plan commission, the citizen members shall initially be appointed for the following terms of office:

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

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

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

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

Each member's term expires on the first Monday of January of the first, second, third, or fourth year, respectively, after the year of the member's appointment.

(d) ADVISORY. Upon the establishment of a metropolitan plan commission, the citizen members shall initially be appointed for the following terms of office:

(1) Three (3) for a term of one (1) year, one (1) appointed by the county legislative body and two (2) by the city executive.

(2) Two (2) for a term of two (2) years, one (1) by each appointing authority.

(3) Two (2) for a term of three (3) years, one (1) by each appointing authority.

(e) AREA. If there is one (1) citizen member on the area plan commission, the member's initial term of office is one (1) year. If there are two (2) citizen members, one (1) shall be appointed for a term of one (1) year and one (1) for a term of two (2) years. If there are three (3) or more citizen members, one (1) shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, and any remainder for a term of four (4) years. Each member's term expires on the first Monday of January of the first, second, third, or fourth year, respectively, after the year of the member's appointment.

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

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

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

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

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

[Pre-Local Government Recodification Citations: 18-4-8-8 part; 18-7-2-6; 18-7-2-8 part; 18-7-3-4 part; 18-7-4-218; 18-7-4-14; 18-7-5-10; 18-7-5-14.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.11; P.L.192-1984, SEC.5; P.L.127-2017, SEC.171; P.L.40-2026, SEC.16.
Ind. Code § 36-7.7-6-2 — Indiana Code / Title 36 / Article 7.7 / Chapter 6 / Section 36-7.7-6-2
Agreements with an eligible political subdivision
Status: in_force

Sec. 2. 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.83-2020, SEC.2.
Ind. Code § 36-2-8-5 — Indiana Code / Title 36 / Article 2 / Chapter 8 / Section 36-2-8-5
Itemized, verified, and allowed claims
Status: in_force

Sec. 5. Compensation of deputies and employees of county officers shall be paid by warrants that are payable to the respective deputies and employees and issued after:

(1) filing of itemized and verified claims, as prescribed by IC 36-2-6; and

(2) allowance of the claims by the county executive.

[Pre-Local Government Recodification Citations: 17-3-71-1 part; 17-3-73-4.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-9-28.5-2 — Indiana Code / Title 36 / Article 9 / Chapter 28.5 / Section 36-9-28.5-2
"Policy" defined
Status: in_force

Sec. 2. As used in this chapter, "policy" refers to a policy adopted under this chapter for the management of stormwater runoff from developed real property.

As added by P.L.168-1999, SEC.2.
Ind. Code § 36-8-1-9.5 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-9.5
"PERF"
Status: in_force

Sec. 9.5. "PERF" refers to the public employees' retirement fund established under IC 5-10.3-2-1.

As added by P.L.85-2022, SEC.1.
Ind. Code § 36-1-29.5-7 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-7
"Workforce fund managers"
Status: in_force

Sec. 7. As used in this chapter, "workforce fund managers" means a workforce fund board of managers established by the executive of a unit under section 10 of this chapter.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-12-5-4 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-4
Repealed
Status: repealed

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

As added by P.L.1-2005, SEC.49. Repealed by P.L.42-2018, SEC.37.
Ind. Code § 36-7-11.3-8 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-8
"Owner" defined
Status: in_force

Sec. 8. As used in this chapter, "owner" means a person who owns a legal or an equitable interest in primary or secondary property.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-1.5-4.1-30 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-30
Recipient municipality responsibilities
Status: in_force

Sec. 30. The following apply to a reorganization under this chapter:

(1) Except as provided in subdivision (2):

(A) the recipient municipality is responsible after December 31, 2028, for providing township services in all areas of the designated township; and

(B) the recipient municipality retains the powers of the designated township after December 31, 2028, in order to provide township services as required by clause (A).

(2) Powers and duties of the recipient municipality may be transferred as authorized in an interlocal cooperation agreement approved under IC 36-1-7 or as authorized in a cooperative agreement approved under IC 36-1.5-5.

(3) Section 27 of this chapter applies to the debt service levy of the recipient municipality and to the department of local government finance's determination of the new maximum permissible ad valorem property tax levy for the recipient municipality.

(4) The recipient municipality may not borrow money under IC 36-6-6-14(b) or IC 36-6-6-14(c).

(5) The new maximum permissible ad valorem property tax levy for the recipient municipality's firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined levies for the firefighting fund and emergency services fund described in IC 36-8-13-4(a)(2) is equal to:

(A) the result of:

(i) the maximum permissible ad valorem property tax levy for the designated township's firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined ad valorem property tax levies for the township firefighting fund and township emergency services fund described in IC 36-8-13-4(a)(2), as applicable, in 2028; multiplied by

(ii) the maximum levy growth quotient applicable for property taxes first due and payable in 2029; plus

(B) any amounts borrowed by the designated township under IC 36-6-6-14(b) or IC 36-6-6-14(c) in 2028.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-6-1.7-24 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-24
Report by county executive
Status: in_force

Sec. 24. (a) Each county executive body shall prepare a report, on a form prescribed by the department, containing the following information:

(1) The number of townships in the county as of January 1, 2027.

(2) The number of townships in the county after mergers are carried out under this chapter.

(3) A map of the townships in the county as of January 1, 2027.

(4) A map of the townships after mergers are carried out under this chapter.

(5) An explanation of which townships are to merge.

(6) An explanation of how the mergers will impact fire protection operations and services within the county.

(7) An explanation of how the mergers will impact emergency medical service operations and coverage within the county.

(8) An explanation of any cost savings that will be realized as a result of the mergers.

(b) Not later than January 1, 2028, the county executive body shall submit the report to:

(1) the executive director of the legislative services agency in an electronic format under IC 5-14-6; and

(2) the department.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-8-10-18 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-18
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-3-14-16.]

As added by Acts 1981, P.L.309, SEC.61. Repealed by P.L.185-1996, SEC.18.
Ind. Code § 36-1-5-3 — Indiana Code / Title 36 / Article 1 / Chapter 5 / Section 36-1-5-3
Compilation of code
Status: in_force

Sec. 3. The legislative body of a unit shall codify, revise, rearrange, or compile the ordinances of the unit into a complete, simplified code excluding formal parts of the ordinances.

[Pre-Local Government Recodification Citations: 18-5-12-1 part; 18-5-12-4.]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.17, SEC.5.
Ind. Code § 36-10-4-4 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-4
Commissioner; appointment; removal
Status: in_force

Sec. 4. (a) By February 1 each year, the executive shall appoint a commissioner to fill the vacancy caused by the expiration of a term. Each commissioner appointed holds office for a term of four (4) years, beginning with January 1 in the year of appointment. If a vacancy occurs on the board, the executive shall appoint a commissioner for the remainder of the term.

(b) A commissioner serves at the pleasure of the executive as long as the executive who appointed the commissioner continues to hold the office of executive. If the executive who appointed the commissioner no longer holds the office of executive, the commissioner may not be removed from office except upon charges preferred in writing before the executive, with a hearing held on them. If the executive is bringing the charges, the fiscal body shall appoint a hearing officer. The only permissible reasons for removal are as follows:

(1) Inefficiency.

(2) Neglect of duty.

(3) Malfeasance in office.

[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 19-7-9-2 part; 19-7-30-6 part; subsection (c) formerly 19-7-30-4 part.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.11; P.L.40-2026, SEC.26.
Ind. Code § 36-1-5-1 — Indiana Code / Title 36 / Article 1 / Chapter 5 / Section 36-1-5-1
Application of chapter
Status: in_force

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

[Pre-Local Government Recodification Citations: Part new; 18-5-12-1 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-10-11-9 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-9
Trustees; appointment of board of directors; qualifications; tenure; conflicts of interest
Status: in_force

Sec. 9. The trustees shall appoint by majority vote a board of five (5) directors. The directors must meet the same qualifications, subscribe to the same oath, and receive the same reimbursements as trustees. The directors serve for one (1) year following their appointment and until their successors are appointed and qualified. A director may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. Any transaction in which any director has a pecuniary interest is void. Vacancies shall be filled by the trustees. The trustees may remove a director for cause at any time.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-12-29 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-29
Application of bond proceeds
Status: in_force

Sec. 29. (a) Preliminary expenses advanced by a person may be reimbursed from the proceeds of bonds issued under this chapter. An economic development commission may provide for a maximum fee of one percent (1%) of the total amount of the issue to be paid to the commission from the proceeds of the issue to help in covering its costs of operation. However, the fee charged by a commission to cover the costs of operation may not exceed ten thousand dollars ($10,000) per issue for a single project issue or ten thousand dollars ($10,000) per project in the case of program financing under section 18.5 of this chapter.

(b) Any money received from bonds issued under this chapter, after reimbursement and payment under subsection (a), may be used for the following purposes:

(1) The payment of the costs of economic development and pollution control facilities on account of which the bonds are issued, including both direct financing of such facilities and program financing under section 18.5 of this chapter.

(2) Issuance expenses for bonds authorized by this chapter.

(3) Interest on bonds authorized by this chapter for the anticipated construction period of the facilities being financed, plus interest on bonds authorized by this chapter for a period of one (1) year after that.

(4) Funding a reserve fund for payment of the principal of, premium (if any), and interest on bonds issued under this chapter.

(5) Working capital when financed in conjunction with economic development or pollution control facilities financed pursuant to program financing authorized under section 18.5 of this chapter if the program is funded with proceeds of taxable bonds.

Until the money is applied under subdivision (1), it is subject to a lien in favor of the holders of the bonds or the trustee under the trust indenture, if any.

[Pre-Local Government Recodification Citation: 18-6-4.5-23.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.9; P.L.25-1987, SEC.55; P.L.35-1990, SEC.50.
Ind. Code § 36-7-32.6-1 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-1
"Base assessed value"
Status: in_force

Sec. 1. As used in this chapter, "base assessed value" means the net assessed value of all the taxable real property that is assessed as commercial, residential, or industrial property under the rules of the department of local government finance, and taxable personal property that is located in the stadium development district as finally determined for the assessment date immediately preceding the effective date of the designation by the city under section 14 of this chapter.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-5-1.1-4 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-4
Recommendations of plan commission
Status: in_force

Sec. 4. (a) The county executive shall forward one (1) copy of the resolution or petition filed under section 2 of this chapter to the plan commission, if any, having jurisdiction.

(b) The plan commission shall submit their written recommendations for approval or disapproval of dissolution to the county executive at least ten (10) days before the hearing required by section 3 of this chapter.

As added by P.L.342-1987, SEC.2. Amended by P.L.24-1995, SEC.26.
Ind. Code § 36-2-11-17 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-17
Recording of name of farm; description; conveyance; cancellation
Status: in_force

Sec. 17. (a) An owner of a farm may have the name of the owner's farm and a description of the land to which the name applies recorded in a register kept for that purpose by the recorder of the county in which the farm is located. The recorder shall provide to the owner:

(1) a copy of the recorded document that contains the name of the owner's farm; and

(2) documentation of a description of the land to which the name of the farm applies.

(b) If a name is recorded as the name of a farm, the name may not be recorded as the name of another farm in the same county.

(c) If the name of a farm is recorded under this section and the owner conveys all of the farm, the recorded name of the farm also is conveyed. If the owner conveys only a part of the farm, the recorded name of the farm is conveyed only if so stated in the deed of conveyance.

(d) An owner of a farm may cancel the recorded name of the farm by making the following statement on the margin of the record of the name: "This name is cancelled and I hereby release all rights thereunder." This statement must be signed by the owner and attested by the recorder.

[Pre-Local Government Recodification Citations: 17-3-44-1; 17-3-44-3; 17-3-44-4.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.81; P.L.156-2024, SEC.33.
Ind. Code § 36-7-17.1-11 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-11
Rules and regulations
Status: in_force

Sec. 11. The director of the agency shall prescribe the rules and regulations necessary to carry out this chapter, including rules and regulations establishing the period by which an individual must apply for and receive a rehabilitation loan with respect to the dwelling and the real property on which it is located, as described in section 7(b)(1) of this chapter.

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-2-7.5-8 — Indiana Code / Title 36 / Article 2 / Chapter 7.5 / Section 36-2-7.5-8
Recorder to search documents for Social Security number; redaction; applicability
Status: in_force

Sec. 8. (a) This section applies after December 31, 2007.

(b) To the extent practicable and as permitted by law, a county recorder may not disclose a recorded or filed document for public inspection under IC 5-14-3 or IC 36-2-7-10.1 until the county recorder has:

(1) searched the document for a Social Security number; and

(2) to the extent practicable, redacted any Social Security numbers contained in the document;

using redacting technology.

As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.17; P.L.127-2017, SEC.46.
Ind. Code § 36-8-21.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-4
"Planning agency"
Status: in_force

Sec. 4. As used in this chapter, "planning agency", with respect to an area, means:

(1) a unit that has planning and zoning jurisdiction over all or any part of the area; or

(2) a plan commission that has planning jurisdiction over all or any part of the area.

As added by P.L.89-2008, SEC.1.
Ind. Code § 36-6-6-13.5 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-13.5
Special meeting by legislative body; notice
Status: in_force

Sec. 13.5. (a) A special meeting may be held by the legislative body if the executive, the chair of the legislative body, or a majority of the members of the legislative body issue a written notice of the meeting to each member of the legislative body. The notice must state the time, place, and purpose of the meeting.

(b) The legislative body may consider any matter at a special meeting. However, the only matters that may be acted on at the special meeting are the matters set forth in the notice.

As added by P.L.146-2008, SEC.714. Amended by P.L.127-2017, SEC.164.
Ind. Code § 36-7-12-10 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-10
Commissioners; failure to nominate; vacancies
Status: in_force

Sec. 10. (a) If a fiscal body fails to make a nomination within the time specified by section 9 of this chapter, the executive may select and appoint a person without a nomination.

(b) If a person appointed as an economic development commissioner fails to take the oath of office required by section 11 of this chapter within ten (10) days after the notice of the appointment is mailed to the person, or if any commissioner, after qualifying, dies, resigns, vacates the commissioner's office, or is removed from office, a new commissioner shall be appointed to fill the vacancy in the same manner as the commissioner in respect to whom the vacancy occurs was appointed. A commissioner appointed under this subsection shall serve for the remainder of the vacated term.

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

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.193.
Ind. Code § 36-7.6-1-8 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-8
"Development authority"
Status: in_force

Sec. 8. "Development authority" refers to a regional development authority established under IC 36-7.6-2-3.

As added by P.L.232-2007, SEC.7.