Ind. Code § 36-7-4-916.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-916.5
Allocation of cases between divisions
Status: in_force

Sec. 916.5. METRO. The board of zoning appeals shall allocate:

(1) appeals; and

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

to a division of the board of zoning appeals that has at least one (1) member of the board who is a resident of a township in which the property that is the subject of the appeal or application is located.

As added by P.L.161-2021, SEC.9.
Ind. Code § 36-1-20.2-14 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-14
Employment of former coroner allowed
Status: in_force

Sec. 14. Unless the policy adopted under section 9 of this chapter provides otherwise, an individual:

(1) who served as coroner;

(2) who is currently ineligible to serve as coroner under Article 6, Section 2(b) of the Constitution of the State of Indiana;

(3) who, as coroner, received certification under IC 36-2-14-22.3; and

(4) whose successor in the office of coroner is a relative of the individual;

may be hired in the position of deputy coroner and be in the coroner's direct line of supervision.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-1-8-9.5 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-9.5
"Development agreement"
Status: in_force

Sec. 9.5. (a) As used in this section, "development agreement" means an agreement between a licensed owner (as defined in IC 4-33-2-13) and a unit setting forth the licensed owner's financial commitments to support economic development in the unit.

(b) Funds received by a unit under a development agreement are public funds (as defined in IC 5-13-4-20).

(c) Funds received under a development agreement:

(1) may not be used to reduce the unit's maximum levy under IC 6-1.1-18.5 but may be used at the discretion of the unit to reduce the property tax levy of the unit for a particular year;

(2) may be used for any legal or corporate purpose of the unit, including the pledge of money to bonds, leases, or other obligations under IC 5-1-14-4; and

(3) are considered miscellaneous revenue.

As added by P.L.199-2005, SEC.29.
Ind. Code § 36-1-8-8 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-8
Protection of employees reporting violations of federal, state, or local laws; disciplinary actions; procedures
Status: in_force

Sec. 8. (a) An employee of a political subdivision may report in writing the existence of:

(1) a violation of a federal law or regulation;

(2) a violation of a state law or rule;

(3) a violation of an ordinance of a political subdivision; or

(4) the misuse of public resources;

first to a supervisor or appointing authority, unless the supervisor or appointing authority is the person whom the employee believes is committing the violation or misuse of public resources. In that case, the employee may report the violation or misuse of public resources in writing to either the supervisor or appointing authority or any official or agency entitled to receive a report from the state ethics commission under IC 4-2-6-4(b)(2)(G) or IC 4-2-6-4(b)(2)(H). If a good faith effort is not made to correct the problem within a reasonable time, the employee may submit a written report of the incident to any person, agency, or organization.

(b) For having made a report under subsection (a), an employee may not:

(1) be dismissed from employment;

(2) have salary increases or employment related benefits withheld;

(3) be transferred or reassigned;

(4) be denied a promotion that the employee otherwise would have received; or

(5) be demoted.

(c) Notwithstanding subsections (a) and (b), an employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employee's appointing authority or the appointing authority's designee. However, any employee disciplined under this subsection is entitled to process an appeal of the disciplinary action under the procedure set forth in any personnel policy or collective bargaining agreement adopted by the political subdivision.

(d) An employer who violates this section commits a Class A infraction.

As added by P.L.32-1987, SEC.4. Amended by P.L.9-1990, SEC.16.
Ind. Code § 36-9-6.5-12 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-12
Special tax; metropolitan thoroughfare district bond fund
Status: in_force

Sec. 12. (a) For the purpose of raising money to pay all bonds issued under section 9 of this chapter and any interest on them, the legislative body may levy each year a special tax upon all of the property located within the district, in such manner as to meet and pay the principal of the bonds as they severally mature, together with all accruing interest on them. Other revenues and funds may be annually allocated by statute or ordinance to be applied to reduction of the bonds and their interest for the next succeeding year, but to the extent that monies on hand are insufficient for payments required in the next succeeding year, the special tax shall be levied.

(b) The tax so collected, and all other allocated monies, shall be accumulated and kept in a separate fund to be known as the "Metropolitan Thoroughfare District Bond Fund", and shall be applied to the payment of the district bonds and interest as they severally mature, and to no other purposes. All accumulations may be deposited, at interest, with one (1) of the depositories of other funds of the consolidated city, and all interest collected belongs to the fund.

As added by Acts 1982, P.L.77, SEC.12.
Ind. Code § 36-1-9.5-54 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-54
Revenue department access to names of contractors and subcontractors; tax delinquents; award of contracts; deduction of delinquent taxes from payment
Status: in_force

Sec. 54. (a) An entity may allow the department of state revenue access to the name of each person who is either:

(1) bidding on a contract to be awarded under this chapter; or

(2) a contractor or a subcontractor under this chapter.

(b) If an entity is notified by the department of state revenue that a bidder is on the most recent tax warrant list, the entity may not award a contract to that bidder until:

(1) the bidder provides to the entity a statement from the department of state revenue that the bidder's delinquent tax liability has been satisfied; or

(2) the entity receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).

(c) The department of state revenue may notify:

(1) the entity; and

(2) the state comptroller;

that a contractor or subcontractor under this chapter is on the most recent tax warrant list, including the amount that the person owes in delinquent taxes. The state comptroller shall deduct from the contractor's or subcontractor's payment the amount owed in delinquent taxes. The state comptroller shall remit this amount to the department of state revenue and pay the remaining balance to the contractor or subcontractor.

As added by P.L.85-1991, SEC.3. Amended by P.L.9-2024, SEC.542.
Ind. Code § 36-9-38-7 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-7
Petition to establish district
Status: in_force

Sec. 7. (a) A petition for the establishment of an improvement district under this chapter may be filed with the works board of a municipality by any of the following:

(1) An association established under section 8 of this chapter.

(2) The owners of at least twenty-five percent (25%) of the parcels of real property in the proposed improvement district if an association has not been formed under section 8 of this chapter.

(b) A petition filed under this section by an association must be signed by a majority of the association's directors.

(c) A petition filed under this section must set forth all of the following:

(1) The boundaries of the proposed improvement district, including all of the real property that the petitioners believe will be specially benefited or damaged by the proposed improvement.

(2) The location and a general description of the proposed improvement.

(3) The estimated cost of the proposed improvement.

(4) As part of the petition or as an accompanying exhibit, the names and addresses of all the owners of real property within the boundaries of the proposed improvement district as the names and addresses are listed on the tax duplicates in the records of the county auditor.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-7-26-8 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-8
"District" defined
Status: in_force

Sec. 8. As used in this chapter, "district" refers to an economic development project district established under this chapter.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-7-11.3-23 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-23
Notice
Status: in_force

Sec. 23. (a) Whenever notice is required to be given under this chapter with respect to a matter coming or pending before a commission created under this chapter, the notice shall be sent to the persons designated as interested parties under this chapter.

(b) A public officer or office entitled to receive notice may designate in writing filed with the commission alternate or additional persons to whom notice required to be served upon the officer or office shall also be served. The commission shall maintain a complete list of the persons and their addresses.

(c) A person, an official, or an office who or that is not served notice in the manner prescribed by this chapter is not considered properly notified unless the person has waived notice in writing.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-2 part; 14-3-3.2-23(g) part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-15.1-30 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-30
Powers of commission
Status: in_force

Sec. 30. (a) All of the rights, powers, privileges, and immunities that may be exercised by the commission in a redevelopment project area or urban renewal area may be exercised by the commission in an economic development area, subject to the following:

(1) The content and manner of exercise of these rights, powers, privileges, and immunities shall be determined by the purposes and nature of an economic development area.

(2) Real property (or interests in real property) relative to which action is taken under this section or section 28 or 29 of this chapter in an economic development area is not required to meet the conditions described in IC 36-7-1-3.

(3) The special tax levied in accordance with section 16 of this chapter may be used to carry out activities under this chapter in economic development areas.

(4) Bonds may be issued in accordance with section 17 of this chapter to defray expenses of carrying out activities under this chapter in economic development areas if no other revenue sources are available for this purpose.

(5) The tax exemptions set forth in section 25 of this chapter are applicable in economic development areas.

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

(7) The commission may not use its power of eminent domain under section 13 of this chapter to carry out activities under this chapter in economic development areas.

(b) The content and manner of discharge of duties set forth in section 6 of this chapter shall be determined by the purposes and nature of an economic development area.

As added by P.L.222-1986, SEC.4. Amended by P.L.185-2005, SEC.39; P.L.146-2008, SEC.758.
Ind. Code § 36-9-4-29.6 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-29.6
Repealed
Status: repealed

As added by P.L.229-1991, SEC.3. Repealed by P.L.182-2009(ss), SEC.468.
Ind. Code § 36-7-5.1-25 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-25
Multiple office holding; residence requirement
Status: in_force

Sec. 25. (a) A member of the joint district board of zoning appeals may hold no other elective or appointive office in municipal, county, or state government, except as permitted by IC 36-7-4-902.

(b) A member of the joint district board of zoning appeals must be a resident of a county where a part of the joint district is located or reside within ten (10) miles of the borders of the joint district.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-7.5-4-5 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-5
Bonding; security; trust indenture
Status: in_force

Sec. 5. (a) The development authority may secure bonds issued under this chapter by a trust indenture between the development authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.

(b) The trust indenture may:

(1) pledge or assign revenue received by the development authority, amounts deposited in the development authority revenue fund, and lease rentals, receipts, and income from leased projects, but may not mortgage land or projects;

(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the development authority and development board;

(3) set forth the rights and remedies of bondholders and trustees; and

(4) restrict the individual right of action of bondholders.

(c) Any pledge or assignment made by the development authority under this section is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment made need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.

As added by P.L.214-2005, SEC.73. Amended by P.L.189-2018, SEC.175.
Ind. Code § 36-9-11-5 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-5
Preparation and approval of plans; notice and hearing; appeals
Status: in_force

Sec. 5. (a) Before the municipal works board proceeds with the acquisition and construction of any parking facilities approved under section 4 of this chapter, it must cause to be prepared:

(1) plats and descriptions of the land proposed to be acquired or used;

(2) general plans or drawings for the proposed project; and

(3) a general estimate of the cost of acquisition, construction, and installation of the project.

(b) The works board shall then adopt a resolution:

(1) approving the plats, descriptions, plans or drawings, and estimate;

(2) declaring that upon investigation it has been found necessary for the proper protection of the public safety and welfare, and will be of public utility and benefit to the municipality and its citizens, to:

(A) construct and maintain the parking facilities described in the resolution; and

(B) acquire for that purpose the property described in the resolution, by purchase or by appropriation; and

(3) setting out the probable cost and the proposed method of financing the project.

The resolution, plats, descriptions, plans or drawings, and estimate shall be kept open to inspection by all persons interested in or affected by the acquisition of the property proposed to be acquired or the construction or operation of the project.

(c) Notice of the adoption of the resolution and its purport, and of the fact that the plats, descriptions, plans or drawings, and estimate have been prepared and can be inspected, shall be published in accordance with IC 5-3-1. The notice must name a date on which the board will hear all persons interested in or affected by the proceedings, consider any remonstrances or objections filed, and finally determine the public utility and benefit of the project to the municipality and its citizens. All persons affected in any manner by the proceedings are considered to be notified of the pendency of the proceedings and of subsequent acts, hearings, adjournments, and orders of the board by the publication of the notice.

(d) At the hearing, which may be adjourned from time to time, the works board shall:

(1) hear all persons interested in or affected by the proceedings;

(2) consider all remonstrances and objections filed; and

(3) take final action:

(A) determining the public utility and benefit of the proposed project to the municipality and its citizens; and

(B) confirming, modifying and confirming, or rescinding the declaratory resolution.

(e) Appeals from the determination of the works board may be taken only by persons who have filed written remonstrances or objections before the hearing date fixed in the notice.

[Pre-Local Government Recodification Citations: 19-5-11-5 part; 19-5-13-6 part.]

As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.45, SEC.43.
Ind. Code § 36-9-28-15 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-15
Board of directors; necessary repairs; record of proceedings and of costs and expenses of repairs
Status: in_force

Sec. 15. (a) A board of directors appointed under this chapter shall make all repairs necessary to keep the project in its original condition. If, in making the repairs, it is necessary to change the line and location of a ditch at any point, the board may do so, but the board may not change its general line or location.

(b) The board of directors shall keep a record of its proceedings and shall note in that record all expenses incurred in making repairs. The board shall file with the county auditor a statement showing the cost and expenses of making the repairs, specifying the amounts due to each person. The auditor shall then draw the auditor's warrant in favor of each person for the amount due them. The amounts due shall be paid out of county revenues and shall be reimbursed to the county from the assessments made under section 16 of this chapter.

[Pre-Local Government Recodification Citation: 19-4-20-16.]

As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.127-2017, SEC.369.
Ind. Code § 36-7-38-15 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-15
Usual procedures for disposition of property not applicable
Status: in_force

Sec. 15. IC 36-1-11 does not apply to a sale, transfer, or lease of property by the land bank.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-8-3-10 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-10
Police departments, chiefs, and captains; powers and duties
Status: in_force

Sec. 10. (a) The police department shall, within the city:

(1) preserve peace;

(2) prevent offenses;

(3) detect and arrest criminals;

(4) suppress riots, mobs, and insurrections;

(5) disperse unlawful and dangerous assemblages and assemblages that obstruct the free passage of public streets, sidewalks, parks, and places;

(6) protect the rights of persons and property;

(7) guard the public health;

(8) preserve order at elections and public meetings;

(9) direct the movement of vehicles in public ways or public places;

(10) remove all nuisances in public parks or public ways;

(11) provide proper police assistance at fires;

(12) assist, advise, and protect strangers and travelers in public ways or at transportation facilities;

(13) carefully observe and inspect all places of business under license, or required to have them; and

(14) enforce and prevent the violation of all laws in force in the city.

(b) The police chief and each captain, in the captain's precinct or district, may supervise and inspect all pawnbrokers, vendors, junkshop keepers, cartmen, expressmen, dealers in secondhand merchandise, intelligence offices, architectural salvage material dealers (as defined in IC 24-4-16-3), and auctions. Any member of the department may be authorized by the chief in writing to exercise the same powers.

[Pre-Local Government Recodification Citation: 18-1-11-7 part.]

As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.63-2008, SEC.6.
Ind. Code § 36-12-2-1 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-1
Application of chapter
Status: in_force

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

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-36-8 — Indiana Code / Title 36 / Article 7 / Chapter 36 / Section 36-7-36-8
Administration and enforcement of this chapter by enforcement authority; court costs and attorney's fees
Status: in_force

Sec. 8. (a) An enforcement authority may administer and enforce this chapter in conjunction with any enforcement or civil action under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-1-6, or IC 36-7-9.

(b) Under all enforcement and civil actions designated under subsection (a), the enforcement authority is entitled to recover court costs and attorney's fees.

As added by P.L.88-2009, SEC.15.
Ind. Code § 36-7-30.5-10 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-10
Appointment of members to development authority
Status: in_force

Sec. 10. (a) The nine (9) members of a development authority shall be appointed as follows:

(1) Two (2) members shall be appointed by the county executive of Greene County.

(2) Two (2) members shall be appointed by the county executive of Lawrence County.

(3) Two (2) members shall be appointed by the county executive of Martin County.

(4) One (1) member shall be appointed by the county executive of Daviess County.

(5) One (1) member shall be appointed by the county executive of Monroe County.

(6) One (1) member shall be appointed by the county executive of Orange County.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-9-8-3 — Indiana Code / Title 36 / Article 9 / Chapter 8 / Section 36-9-8-3
Persons attending school; reimbursement for expenses
Status: in_force

Sec. 3. (a) The expenses of a county surveyor, county engineer, or other person in attending the annual road school, including mileage, lodging, and tuition, shall be paid from the county general fund. On presentation of the proper receipts for these expenses, and with the approval of the county executive, the county auditor shall issue the county auditor's warrant for the expenses.

(b) The municipal legislative body may annually appropriate sums for the necessary expense of mileage, meals, and lodging of a municipal engineer or other person in attending the annual road school.

[Pre-Local Government Recodification Citations: 17-3-66-1 part; 19-5-17-1 part; 19-5-18-2 part.]

As added by Acts 1981, P.L.309, SEC.81. Amended by Acts 1981, P.L.317, SEC.9; P.L.127-2017, SEC.291.
Ind. Code § 36-4-3-8 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-8
Terms and conditions in adopted ordinance
Status: in_force

Sec. 8. (a) This section does not apply to an ordinance adopted under section 5 or 5.1 of this chapter.

(b) An ordinance adopted under section 3 or 4 of this chapter must include terms and conditions fairly calculated to make the annexation equitable to the property owners and residents of the municipality and the annexed territory. The terms and conditions may include:

(1) postponing the effective date of the annexation for not more than three (3) years; and

(2) establishing equitable provisions for the future management and improvement of the annexed territory and for the rendering of needed services.

(c) This subsection applies to territory sought to be annexed that meets all of the following requirements:

(1) The resident population density of the territory is at least three (3) persons per acre.

(2) The territory is subdivided or is parceled through separate ownerships into lots or parcels such that at least sixty percent (60%) of the total number of lots and parcels are not more than one (1) acre.

This subsection does not apply to an ordinance annexing territory described in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. The ordinance must include terms and conditions impounding in a special fund all of the municipal property taxes imposed on the annexed territory after the annexation takes effect that are not used to meet the basic services described in section 13(d)(4) and 13(d)(5) of this chapter for a period of at least three (3) years. The impounded property taxes must be used to provide additional services that were not specified in the plan of annexation. The impounded property taxes in the fund shall be expended as set forth in this section, not later than five (5) years after the annexation becomes effective.

[Pre-Local Government Recodification Citations: 18-5-10-19 part; 18-5-10-20 part; 18-5-10-21.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.248-1999, SEC.4; P.L.217-1999, SEC.5; P.L.224-2001, SEC.8.
Ind. Code § 36-9-27.4-2 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-2
"Drainage board" defined
Status: in_force

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

(1) Except as provided in subdivision (2):

(A) the county board of commissioners, as provided in IC 36-9-27-5(a)(1); or

(B) the drainage board appointed by the board of commissioners under IC 36-9-27-5(a)(2).

(2) In a county having a consolidated city, the board of public works of the consolidated city, as provided in IC 36-9-27-5(c).

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.40-2026, SEC.23.
Ind. Code § 36-9-11.1-6 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-6
Preparation of plat and data; resolution of board
Status: in_force

Sec. 6. (a) Whenever it is found by the board that any area of the city is in need of an additional parking facility and that there is no reasonable prospect of it being supplied by private enterprise, the board may select a suitable site for it, and cause to be prepared a plat of the block in which the proposed site is located showing:

(1) the size of the proposed site and the size of the various parcels of property in the block;

(2) the location and width of surrounding and intersecting streets and alleys;

(3) the character and use of the buildings located on the block; and

(4) the need for additional parking facilities at the location proposed.

(b) Upon the preparation of the plat and data, the board shall adopt a resolution declaring that it will be of public utility and benefit to acquire and improve the proposed site for off-street parking purposes under this chapter. The resolution must set out the location and size of the proposed site and a general description of the improvement proposed or the structure or structures proposed to be erected on it.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-9-28-3 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-3
Order to construct or improve; considerations; filing of record of proceedings
Status: in_force

Sec. 3. (a) In making an order for a project under this chapter, the municipal works board shall consider whether the project will beneficially or injuriously affect any property outside the corporate boundaries of the municipality.

(b) If the works board finds that the proposed project will injuriously or beneficially affect property outside the corporate boundaries of the municipality, it shall file with the circuit court, superior court, or probate court for the county a record of all the proceedings concerning the project, including:

(1) a list of all persons whose property will be affected, as determined from the records of the county at the time the works board passes the order for the project; and

(2) a description of the boundaries of the affected area.

The proceedings shall be docketed in the circuit court, superior court, or probate court in the same manner as other civil actions, and the court shall fix a time when the proceedings shall be heard.

(c) If the works board finds that the proposed project will not affect property outside the corporate boundaries of the municipality, it may not proceed with the project under this chapter.

[Pre-Local Government Recodification Citation: 19-4-20-3.]

As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.187.
Ind. Code § 36-10-9.1-18.1 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-18.1
Bonds; issuance by authority
Status: in_force

Sec. 18.1. (a) The authority may issue bonds for the purpose of obtaining money to pay the cost of:

(1) acquiring property;

(2) constructing, improving, reconstructing, or renovating one (1) or more capital improvements; or

(3) funding or refunding bonds issued under IC 36-10-9 or prior law.

(b) The bonds are payable solely from the lease rentals from the lease of the capital improvements for which the bonds were issued, insurance proceeds, and any other funds pledged or available.

(c) The bonds shall be authorized by a resolution of the board.

(d) The terms and form of the bonds shall either be set out in the resolution or in a form of trust indenture approved by the resolution.

(e) The bonds shall mature within forty (40) years.

(f) The board shall sell the bonds at public or private sale upon such terms as determined by the board.

(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of the acquisition or construction, or both, of capital improvements, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:

(1) planning and development of the facility and all buildings, facilities, structures, and improvements related to it;

(2) acquisition of a site and clearing and preparing the site for construction;

(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the capital improvement suitable for use and operations;

(4) architectural, engineering, consultant, and attorney fees;

(5) incidental expenses in connection with the issuance and sale of bonds;

(6) reserves for principal and interest;

(7) interest during construction;

(8) financial advisory fees;

(9) insurance during construction;

(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement; and

(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums (in any) for, and interest on, the bonds being refunded or refinanced.

As added by P.L.19-1986, SEC.63. Amended by P.L.11-1987, SEC.35.
Ind. Code § 36-10-11-37 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-37
Board of managers; conflicts of interest
Status: in_force

Sec. 37. Persons serving on the board of managers shall disclose any pecuniary interest, direct or indirect, in any employment, financing agreement, or other contract made under this chapter before any action is taken on it by the board of managers. Any manager having a pecuniary interest may not vote on the matter. Real property acquired under this chapter in which a manager has a pecuniary interest may be acquired by the board of managers only by gift or condemnation.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-1-14.2-2 — Indiana Code / Title 36 / Article 1 / Chapter 14.2 / Section 36-1-14.2-2
Purchase of professional liability insurance
Status: in_force

Sec. 2. Whenever a medical clinic or health care facility purchases professional liability insurance under section 1 of this chapter, the clinic or facility must purchase the insurance directly from an insurance company.

As added by P.L.286-1995, SEC.2.
Ind. Code § 36-7-14-47 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-47
Commission findings required; contents
Status: in_force

Sec. 47. The commission must make the following findings in the resolution adopting a housing program under section 45 of this chapter:

(1) Not more than twenty-five (25) acres of the area included in the allocation area has been annexed during the preceding five (5) years.

(2) No area within the allocation area has been annexed within the preceding five (5) years over a remonstrance of a majority of the owners of land within the annexed area.

(3) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because of:

(A) the lack of public improvements;

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

(C) other similar conditions.

(4) The public health and welfare will be benefited by accomplishment of the program.

(5) The accomplishment of the program will be of public utility and benefit as measured by:

(A) the provision of adequate housing for low and moderate income persons;

(B) an increase in the property tax base; or

(C) other similar public benefits.

(6) At least one-third (1/3) of the parcels in the allocation area established by the program are vacant.

(7) At least seventy-five percent (75%) of the allocation area is used for residential purposes or is planned to be used for residential purposes.

(8) At least one-third (1/3) of the residential units in the allocation area were constructed before 1941.

(9) At least one-third (1/3) of the parcels in the allocation area have at least one (1) of the following characteristics:

(A) The dwelling unit on the parcel is not permanently occupied.

(B) The parcel is the subject of a governmental order, issued under a statute or an ordinance, requiring the correction of a housing code violation or unsafe building condition.

(C) Two (2) or more property tax payments on the parcel are delinquent.

(D) The parcel is owned by local, state, or federal government.

(10) The total area within the county or municipality that is included in any allocation area established for a housing program under section 45 of this chapter does not exceed three hundred (300) acres.

As added by P.L.154-2006, SEC.75. Amended by P.L.68-2013, SEC.1.
Ind. Code § 36-8-2.5-3 — Indiana Code / Title 36 / Article 8 / Chapter 2.5 / Section 36-8-2.5-3
Immunity; application to action for medical malpractice
Status: in_force

Sec. 3. (a) A first responder recipient or the first responder recipient's employer may not be held liable for damages for any act, error, or omission committed by the first responder recipient, including:

(1) personal injury;

(2) wrongful death;

(3) property damage; or

(4) other loss;

based on a communication provided between a first responder recipient and the CISM team, CISM services provider, or peer support team as part of the CISM services for the first responder recipient unless the act, error, or omission committed by the first responder recipient or the first responder recipient's employer constitutes wanton, willful, or intentional misconduct.

(b) Except as provided in subsection (d), a CISM team or a CISM services provider providing CISM services is not liable for damages for any act, error, or omission committed by the CISM team or the CISM services provider in performing CISM services in accordance with this chapter, including:

(1) personal injury;

(2) wrongful death;

(3) property damage; or

(4) other loss;

unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.

(c) Except as provided in subsection (d), a peer support services team or a peer support services team member providing peer support services is not liable for damages for any act, error, or omission committed by the peer support team or the peer support team member in performing peer support services in accordance with this chapter, including:

(1) personal injury;

(2) wrongful death;

(3) property damage; or

(4) other loss;

unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.

(d) This section does not apply to an action for medical malpractice.

As added by P.L.137-2017, SEC.2. Amended by P.L.7-2021, SEC.4; P.L.51-2025, SEC.2.
Ind. Code § 36-7-33-6 — Indiana Code / Title 36 / Article 7 / Chapter 33 / Section 36-7-33-6
Powers and duties of authority
Status: in_force

Sec. 6. Subject to section 5 of this chapter, an authority and the authority's board have the powers and duties set forth in the ordinance that establishes the authority.

As added by P.L.89-2004, SEC.1.
Ind. Code § 36-7.5-4-2.5 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-2.5
Use of revenue to support rail projects and double tracking project; payments of revenue to development authority before certified distributions are made
Status: in_force

Note: This version of section effective until 7-1-2028. See also following version of this section, effective 7-1-2028.

Sec. 2.5. (a) This section applies to a unit that has previously:

(1) entered into an interlocal cooperation or other similar agreement;

(2) adopted an ordinance or resolution; or

(3) taken any other action offering to support and finance:

(A) a rail project or rail projects under this chapter; or

(B) the double tracking project under IC 36-7.5-4.5.

(b) The unit may use any legally available revenue to support and finance the projects described in subsection (a)(3), including additional revenue allocated each year for economic development under IC 6-3.6-6-9.

(c) Additional revenue allocated for economic development to support and finance the projects under this section shall be paid by the treasurer of state to the treasurer of the northwest Indiana regional development authority under section 2 of this chapter before certified distributions are made to the county or any civil taxing unit in the county or counties in which the unit is located.

(d) A transfer made on behalf of a unit under subsection (c) after December 31, 2018, is considered to be a payment for services provided to residents by a rail project as those services are rendered.

(e) A pledge by the development authority of transferred revenue under this section to the payment of bonds, leases, or obligations under this article or IC 5-1.3:

(1) constitutes the obligations of the northwest Indiana regional development authority; and

(2) does not constitute an indebtedness of:

(A) a unit described in this section; or

(B) the state;

within the meaning or application of any constitutional or statutory provision or limitation.

(f) Neither the transfer of revenue nor the pledge of revenue transferred under this section is an impairment of contract within the meaning or application of any constitutional provision or limitation because of the following:

(1) The statutes governing local income taxes, including the transferred revenue, have been the subject of legislation annually since 1973, and during that time the statutes have been revised, amended, expanded, limited, and recodified dozens of times.

(2) Owners of bonds, leases, or other obligations to which local income tax revenues have been pledged recognize that the regulation of local income taxes has been extensive and consistent.

(3) All bonds, leases, or other obligations, due to their essential contractual nature, are subject to relevant state and federal law that is enacted after the date of a contract.

(4) The state of Indiana has a legitimate interest in assisting the northwest Indiana regional development authority in financing rail projects.

(g) All proceedings had and actions described in this section are valid pledges under IC 5-1-14-4 as of the date of those proceedings or actions and are hereby legalized and declared valid if taken before March 15, 2018.

As added by P.L.189-2018, SEC.173.
Ind. Code § 36-10-10-5 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-5
Board; members; removal; procedure
Status: in_force

Sec. 5. A director may be removed from office for good cause by an order of the circuit court, superior court, or probate court of the county in which the authority is located, subject to the procedure of this section. A complaint stating the preferred charges may be filed by any person against a director. The cause shall be placed on the advanced calendar and be tried as other civil causes are tried by the court without the intervention of a jury. If the charges are sustained, the court shall declare the office vacant. A change of venue from the judge shall be granted upon motion, but a change of venue from the county may not be taken.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.84-2016, SEC.197.
Ind. Code § 36-12-12-3 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-3
Plan of revenues and expenditures; hearing; notice
Status: in_force

Sec. 3. (a) Before a library board may collect property taxes for a capital projects fund in a particular year, the library board must, after January 1 and before May 15 of the immediately preceding year, hold a public hearing on a proposed plan, pass a resolution to adopt a plan, and submit the plan for approval or rejection by the fiscal body designated in section 4 of this chapter.

(b) The department of local government finance shall prescribe the format of the plan. A plan must apply to at least the three (3) years immediately following the year the plan is adopted. A plan must estimate for each year to which the plan applies the nature and amount of proposed expenditures from the capital projects fund. A plan must estimate:

(1) the source of all revenue to be dedicated to the proposed expenditures in the upcoming budget year; and

(2) the amount of property taxes to be collected in that year and retained in the fund for expenditures proposed for a later year.

(c) If a hearing is scheduled under subsection (a), the governing body shall publish the proposed plan and a notice of the hearing in accordance with IC 5-3-1-2(b).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-5.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-8-11-15 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-15
Trustees; governing board; powers and duties
Status: in_force

Sec. 15. (a) The board:

(1) has the same powers and duties as a township executive with respect to fire protection functions, including those duties and powers prescribed by IC 36-8-13, although all cooperative and joint actions permitted by that chapter must be undertaken according to this chapter;

(2) has the same powers and duties as a township executive relative to contracting with volunteer firefighting companies, as prescribed by IC 36-8-12 and IC 36-8-13;

(3) shall appoint, fix the compensation, and prescribe the duties of a fiscal officer, secretarial staff, persons performing special and temporary services or providing legal counsel, and other personnel considered necessary for the proper functioning of the district; however, a person appointed as fiscal officer must be bonded by good and sufficient sureties in an amount ordered by the county legislative body to protect the district from financial loss;

(4) shall exercise general supervision of and make regulations for the administration of the district's affairs;

(5) shall prescribe uniform rules pertaining to investigations and hearings;

(6) shall supervise the fiscal affairs and responsibilities of the district;

(7) may delegate to employees of the district the authority to perform ministerial acts, except in cases in which final action of the board is necessary;

(8) shall keep accurate and complete records of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the district;

(9) shall make an annual report to the executive and the fiscal body of the county that at least lists the financial transactions of the district and a statement of the progress in accomplishing the purposes for which the district has been established;

(10) shall adopt a seal and certify all official acts;

(11) may sue and be sued collectively by its legal name:

(A) ("Board of Fire Trustees, __________ Fire Protection District"); or

(B) ("Governing Board of __________ Fire Protection District"), if a governing board for the district is appointed under section 12.5 of this chapter;

with service of process made on the chair of the board, but costs may not be taxed against the members individually in an action;

(12) may invoke any legal, equitable, or special remedy for the enforcement of this chapter or of proper action of the board taken in a court;

(13) shall prepare and submit to the fiscal body of the county an annual budget for operation and maintenance expenses and for the retirement of obligations of the district, subject to review and approval by the fiscal body;

(14) may, if advisable, establish one (1) or more advisory committees, however in a county that adopts an ordinance under section 12.5 of this chapter, the board of fire trustees shall be an advisory body to the governing board;

(15) may enter into agreements with and accept money from a federal or state agency and enter into agreements with a municipality located within or outside the district, whether or not the municipality is a part of the district, for a purpose compatible with the purposes for which the district exists and with the interests of the municipality;

(16) may accept gifts of money or other property to be used for the purposes for which the district is established;

(17) may levy taxes at a uniform rate on the real and personal property within the district;

(18) may issue bonds and tax anticipation warrants;

(19) may incur other debts and liabilities;

(20) may purchase or rent property;

(21) may sell services or property that are produced incident to the operations of the district making a fair and reasonable charge for it;

(22) may make contracts or otherwise enter into agreements with public or private persons and federal or state agencies for construction, maintenance, or operations of or in part of the district;

(23) may receive and disburse money;

(24) may impose a false alarm fee or service charge under IC 36-8-13-4;

(25) may, subject to the approval of the active members of the fire department in a referendum, adopt a merit system under IC 36-8-3.5; and

(26) shall serve as merit commissioners if a merit system is adopted under IC 36-8-3.5.

(b) Powers granted by this chapter may be used only to accomplish the purpose or purposes as stated in the ordinance or resolution establishing the district. However, an act of the board necessary and proper to accomplish the purposes for which the district is established is not invalid because it incidentally accomplishes a purpose other than one for which the district is established.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-17 part; subsection (b) formerly 19-1-45-3.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.341-1987, SEC.3; P.L.82-2001, SEC.1; P.L.127-2017, SEC.270; P.L.207-2023, SEC.24; P.L.236-2023, SEC.199.
Ind. Code § 36-9-25-39 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-39
Certain departments; temporary loans in anticipation of funds
Status: in_force

Sec. 39. (a) This section applies only to departments in a county having a population of:

(1) more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); or

(2) more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(b) The board may secure temporary loans in anticipation of revenues of the district actually levied and in the course of collection for the fiscal year in which loans are made. The loans must be authorized by a resolution of the board, and the securities evidencing them shall be issued and sold in the same manner as tax anticipation warrants by second class cities in anticipation of property tax revenues as provided in IC 36-4-6-20. The temporary loans shall be evidenced by time warrants of the district in terms designating the nature of the consideration, the time or times payable, the funds and revenues in anticipation of which the warrants are issued and out of which they are payable, and the place where they are payable upon presentation on or after the date of maturity. The interest accruing on the warrants to date of maturity shall be included in their face value. The resolution authorizing the issue of the temporary loans must appropriate and pledge a sufficient amount of the current revenues in anticipation of which the warrants are issued for their payment.

[Pre-Local Government Recodification Citation: 19-2-26-3.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.12-1992, SEC.185; P.L.119-2012, SEC.233; P.L.104-2022, SEC.215.
Ind. Code § 36-9-38-21 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-21
Appointment of appraisers to assess benefits and costs
Status: in_force

Sec. 21. (a) After the municipal works board approves plans and specifications for an improvement under this chapter, the works board shall appoint three (3) disinterested persons as appraisers to examine the following:

(1) The plans, specifications, and estimates of the cost of the proposed improvement.

(2) The real property within the improvement district.

(b) Upon request from the appraisers or the petitioners, the works board may do the following:

(1) Retain or employ qualified personnel to provide necessary technical or consulting assistance.

(2) Supply the appraisers with information that will assist the appraisers in making the assessment under section 22 of this chapter.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-9-5-4 — Indiana Code / Title 36 / Article 9 / Chapter 5 / Section 36-9-5-4
Programs to increase use of public transportation
Status: in_force

Sec. 4. A board may establish programs designed to increase the use of the public transportation system.

[Pre-Local Government Recodification Citation: 19-5-7.5-2 part.]

As added by Acts 1981, P.L.309, SEC.78.
Ind. Code § 36-2-16.5-2 — Indiana Code / Title 36 / Article 2 / Chapter 16.5 / Section 36-2-16.5-2
"Probation officer"
Status: in_force

Sec. 2. As used in this chapter, "probation officer" means a probation officer or a juvenile probation officer.

As added by P.L.277-2003, SEC.14.
Ind. Code § 36-7-32.5-6 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-6
"Income tax base period amount"
Status: in_force

Sec. 6. As used in this chapter, "income tax base period amount" means the aggregate amount of state adjusted gross income taxes paid:

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

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

for the state fiscal year that precedes the date on which the innovation development district was designated under section 9 of this chapter. However, the term does not include state adjusted gross income taxes otherwise attributable to an allocation area listed in section 10(b) of this chapter.

As added by P.L.135-2022, SEC.28. Amended by P.L.201-2023, SEC.274.
Ind. Code § 36-9-27-108 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-108
Judicial review; stay of proceedings ordered by board
Status: in_force

Sec. 108. (a) Whenever:

(1) a petition for judicial review of a board's final order for construction, reconstruction, or maintenance of a drain is filed in the circuit or superior court; and

(2) the petition presents an issue or issues that may not be heard de novo by the court;

all work under the order shall be stayed pending final disposition of the issue or issues by the court, or, if an appeal is taken, then until the issue or issues are finally decided by the supreme court or the court of appeals.

(b) Whenever issues that shall be heard de novo are pending in the circuit or superior court, or on appeal, work under the order may not be stayed by the court. However, the board may, by resolution, stay all or any part of the work until the issues presented by the judicial review are finally decided or until the board revokes its resolution.

[Pre-Local Government Recodification Citation: 19-4-8-6.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.3-1989, SEC.232.
Ind. Code § 36-6-1.7-6 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-6
"State agency"
Status: in_force

Sec. 6. (a) As used in this chapter, "state agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive, including the administrative department of state government.

(b) The term does not include the following:

(1) The legislative department of state government.

(2) The judicial department of state government.

(3) A state educational institution.

(4) A body corporate and politic created by statute.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-8-12.2-1 — Indiana Code / Title 36 / Article 8 / Chapter 12.2 / Section 36-8-12.2-1
"Facility" defined
Status: in_force

Sec. 1. As used in this chapter, "facility" has the meaning set forth in 327 IAC 2-6.1-4(7), as in effect on January 1, 2001.

As added by P.L.33-2001, SEC.3.
Ind. Code § 36-7-12-38 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-38
Repealed
Status: repealed

As added by P.L.40-1983, SEC.5. Amended by P.L.20-1985, SEC.17. Repealed by P.L.25-1987, SEC.60.
Ind. Code § 36-7-14.5-15 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-15
Legal authority for lease agreements
Status: in_force

Sec. 15. This chapter and IC 36-7-14-25.2 or IC 36-7-30-20, contain full and complete authority for leases between the authority and the commission. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board or the commission or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this chapter and IC 36-7-14-25.2 or IC 36-7-30-20.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1995, SEC.7.
Ind. Code § 36-8-22-1 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies after December 31, 2007.

As added by P.L.48-2007, SEC.1.
Ind. Code § 36-1-9.5-26 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-26
Recommendation of prequalification administrator
Status: in_force

Sec. 26. An entity's prequalification administrator shall make a recommendation to the entity regarding the action that should be taken on an application. An entity may in the exercise of the entity's sole discretion accept or reject the recommendation of a prequalification administrator.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-9-39-11 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-11
Sewage works adapted for receiving sewage from collateral sewers; hearing; findings
Status: in_force

Sec. 11. (a) If after a hearing under section 10 of this chapter the municipal works board finds that:

(1) the district to be drained is properly bounded; and

(2) the special benefits to the property within the district and to the municipality will be equal to the estimated cost of the sewage works;

the findings shall be entered of record and the resolution shall be confirmed or modified. The findings of the works board under this subsection are final and conclusive as to all parties.

(b) If after the hearing under section 10 of this chapter the works board finds that the benefits will not equal the estimated cost, the board may not proceed with the construction of the sewage works under the resolution.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-3-1-7 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-7-b
Excluded cities; included towns
Status: in_force

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

Sec. 7. (a) The following municipalities are excluded cities and are not part of the consolidated city under this chapter:

(1) The city of Lawrence.

(2) The city of Beech Grove.

(3) The city of Southport.

(4) The town of Speedway.

(5) The town of Cumberland.

Any other municipality is known as an included town and is a part of the consolidated city under this chapter.

(b) This article applies to any part of the town of Cumberland that is inside the boundaries of Marion County, even though part of the town is outside the boundaries of Marion County.

[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; P.L.52-2025, SEC.1.
Ind. Code § 36-5-1-8 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-8
County executive action on petition; public question
Status: in_force

Sec. 8. (a) The county executive may approve a petition for incorporation only if it finds all of the following:

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

(2) That the proposed town is reasonably compact and contiguous.

(3) That the proposed town includes enough territory to allow for reasonable growth in the foreseeable future.

(4) That a substantial majority of the property owners in the proposed town have agreed that at least six (6) of the following municipal services should be provided on an adequate basis:

(A) Police protection.

(B) Fire protection.

(C) Street construction, maintenance, and lighting.

(D) Sanitary sewers.

(E) Storm sewers.

(F) Health protection.

(G) Parks and recreation.

(H) Schools and education.

(I) Planning, zoning, and subdivision control.

(J) One (1) or more utility services.

(K) Stream pollution control or water conservation.

(5) That the proposed town could finance the proposed municipal services with a reasonable tax rate, using the current assessed valuation of properties as a basis for calculation.

(6) That incorporation is in the best interest of the territory involved. This finding must include a consideration of:

(A) the expected growth and governmental needs of the area surrounding the proposed town;

(B) the extent to which another unit can more adequately and economically provide essential services and functions; and

(C) the extent to which the incorporators are willing to enter into agreements under IC 36-1-7 with the largest neighboring municipality, if that municipality has proposed such agreements.

(b) If the county executive determines that the petition satisfies the requirements set forth in subsection (a), the county executive may do any of the following:

(1) Adopt an ordinance under section 10.1 of this chapter incorporating the town.

(2) Deny the petition.

(3) Adopt a resolution to place a public question concerning the incorporation on the ballot at an election. The county executive shall request a date for the election as follows:

(A) If the county executive requests the public question be on the same date as a general election or primary election:

(i) the resolution must state that the election is to be on the same date as a general or primary election, and must be certified in accordance with IC 3-10-9-3; and

(ii) the election must be held on the date of the next general election or primary election, whichever is earlier, at which the question can be placed on the ballot under IC 3-10-9-3.

(B) If a petition contains a request for a special election, the county executive may request that the public question concerning the incorporation will be on the ballot of a special election. An election may be considered a special election only if it is conducted on a date other than the date of a general election or primary election. The date of the special election must be:

(i) at least seventy-four (74) and not more than one hundred four (104) days after the notice of the election is filed under IC 3-10-8-4; and

(ii) not later than the next general election or primary election, whichever is earlier.

If the public question is on the ballot of a special election, the petitioners shall pay the costs of holding the special election.

If the county executive adopts a resolution under this subdivision, the county executive shall file the resolution and the petition with the circuit court clerk of each county that contains any part of the territory sought to be incorporated.

(c) After a resolution is filed with a circuit court clerk under subsection (b)(3), the circuit court clerk shall certify the resolution to the county election board. The county election board shall place the following public question on the ballot:

"Shall (insert a description of the territorial boundaries) be incorporated as a town?".

Only the registered voters residing within the territory of the proposed town may vote on the public question.

(d) Not earlier than sixty (60) days and not later than thirty (30) days before the election, the petitioners shall publish a notice in accordance with IC 5-3-1 in each county where the proposed town is located. The notice must include the following:

(1) A description of the boundaries of the proposed town and the quantity of land contained in the territory of the proposed town.

(2) The information provided under section 3(3) through 3(6) of this chapter.

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

(4) A statement that the petition is available for inspection and copying in the office of the circuit court clerk of each county where the proposed town is located.

The petitioners shall submit proof of publication of the notice to the circuit court clerk of each county in which the proposed town is located. A defect in the form of the notice does not invalidate the petition.

(e) If a majority of the voters residing within the territory of the proposed town:

(1) vote "no" on the public question, the territory is not incorporated as a town, and a new petition for incorporation may not be filed within the period set forth in section 9 of this chapter; or

(2) vote "yes" on the public question, the county executive of each county in which the proposed town is located shall adopt an ordinance under section 10.1 of this chapter.

(f) The circuit court clerk shall certify the results of a public question under this section to the following:

(1) The county executive of each county in which the proposed incorporated territory is located.

(2) The county auditor of each county in which the proposed incorporated territory is located.

(3) The department of local government finance.

(4) The department of state revenue.

(5) The state board of accounts.

(6) The office of the secretary of state.

(7) The office of census data established by IC 2-5-1.1-12.2.

(8) The election division.

[Pre-Local Government Recodification Citation: 18-3-1-10.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.195-1984, SEC.3; P.L.147-2013, SEC.5; P.L.76-2014, SEC.67; P.L.216-2015, SEC.43.
Ind. Code § 36-7.5-1-6 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-6
"Commuter transportation district"
Status: in_force

Sec. 6. "Commuter transportation district" refers to a commuter transportation district that:

(1) is established under IC 8-5-15; and

(2) has among its purposes the maintenance, operation, and improvement of passenger service over the Chicago, South Shore, and South Bend Railroad and any extension of that railroad.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-7-11.3-18 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-18
Creation of preservation commission
Status: in_force

Sec. 18. (a) Upon designating a preservation area and the primary and secondary areas of the preservation area, the legislative body of the municipality shall create a commission to be known as the "______________ Preservation Commission". The legislative body shall give:

(1) the name of the city or town in which the area to be preserved is located;

(2) the name of the area to be preserved; or

(3) both;

to the preservation commission.

(b) The commission has the powers and shall exercise the duties prescribed by this chapter for the area.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-1-8-10 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-10
Board; political affiliation of board appointees
Status: in_force

Sec. 10. (a) As used in this section, "board" means an administration, an agency, an authority, a board, a bureau, a commission, a committee, a council, a department, a division, an institution, an office, a service, or another similarly designated body of a political subdivision.

(b) Whenever a law or political subdivision's resolution requires that an appointment to a board be conditioned upon the political affiliation of the appointee, or that the membership of a board not exceed a stated number of members from the same political party, at the time of an appointment, one (1) of the following must apply to the appointee:

(1) The two (2) most recent primary elections in Indiana in which the appointee voted were both primary elections held by the party with which the appointee claims affiliation. The requirement of this subdivision applies only to an individual appointed after June 30, 2023. An individual appointed before July 1, 2023, is required to satisfy the requirements of this subdivision only as in effect before July 1, 2023.

(2) If the appointee has never voted in a primary election in Indiana, the appointee is certified as a member of that party by the party's county chair for the county in which the appointee resides.

(c) If a certification by a county chair of a political party is required under subsection (b), the certification must be filed with the office of the circuit court clerk not later than the time the appointee's oath of office is filed with the clerk under IC 5-4-1. If the county chair's certification is not filed with the circuit court clerk's office as required by this subsection, the appointment is void.

(d) Notwithstanding any other law, if the term of an appointed member of a board expires and the appointing authority does not make an appointment to fill the vacancy, both of the following apply:

(1) The member may continue to serve on the board for only ninety (90) days after the expiration date of the member's term.

(2) The county chair of the political party of the member whose term has expired shall make the appointment.

As added by P.L.185-1988, SEC.1. Amended by P.L.68-1996, SEC.4; P.L.167-2001, SEC.10; P.L.199-2001, SEC.28; P.L.126-2002, SEC.91; P.L.127-2017, SEC.15; P.L.193-2017, SEC.3; P.L.86-2018, SEC.336; P.L.227-2023, SEC.141.
Ind. Code § 36-1.5-2-6 — Indiana Code / Title 36 / Article 1.5 / Chapter 2 / Section 36-1.5-2-6
Repealed
Status: repealed

As added by P.L.186-2006, SEC.4. Repealed by P.L.202-2013, SEC.1.
Ind. Code § 36-5-5-9 — Indiana Code / Title 36 / Article 5 / Chapter 5 / Section 36-5-5-9
Police disciplinary body membership barred
Status: in_force

Sec. 9. The manager may not serve as a member of any body that hears disciplinary charges against:

(1) the town marshal; or

(2) a member of the town police department.

As added by P.L.343-1987, SEC.1.
Ind. Code § 36-9-2-3 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-3
Transportation facilities; establishment, aid, and operation
Status: in_force

Sec. 3. A unit may establish, aid, maintain, and operate airports, bus terminals, railroad terminals, wharves, and other transportation facilities.

[Pre-Local Government Recodification Citations: 18-1-1.5-9(g); 18-1-1.5-14(l); 18-1-1.5-14(m); 18-3-1-46 part; 18-4-2-16 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-8-4.5-10 — Indiana Code / Title 36 / Article 8 / Chapter 4.5 / Section 36-8-4.5-10
Care of a member of a town fire department injured or contracting illnesses as a result of performance of duties
Status: in_force

Sec. 10. (a) A town shall pay for the care of a current or retired full-time paid member of a town fire department who suffers an injury while performing the person's duty or while the person is on duty or who contracts illness caused by the performance of the person's duty, including an injury or illness that results in a disability or death presumed incurred in the line of duty under IC 5-10-13. This care includes:

(1) medical and surgical care;

(2) medicines and laboratory, curative, and palliative agents and means;

(3) x-ray, diagnostic, and therapeutic service, including during the recovery period; and

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

(b) Expenditures required by subsection (a) shall be paid from the general fund of the town.

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

(d) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A current or retired full-time paid member of a town fire department may recover benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If a current or retired full-time paid member of a town fire department pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the current or retired full-time paid member of the town fire department is not precluded from recovering medical benefits under this section.

As added by P.L.118-2026, SEC.16.
Ind. Code § 36-7.5-4-6 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-6
Bond refunding; leases
Status: in_force

Sec. 6. (a) Bonds issued under IC 8-5-15, IC 8-22-3, or IC 36-9-3 or prior law may be refunded as provided in this section.

(b) An eligible political subdivision may:

(1) lease all or a portion of land or a project or projects to the development authority, which may be at a nominal lease rental with a lease back to the eligible political subdivision, conditioned upon the development authority assuming bonds issued under IC 8-5-15, IC 8-22-3, or IC 36-9-3 or prior law and issuing its bonds to refund those bonds; and

(2) sell all or a portion of land or a project or projects to the development authority for a price sufficient to provide for the refunding of those bonds and lease back the land or project or projects from the development authority.

As added by P.L.214-2005, SEC.73. Amended by P.L.114-2022, SEC.39.
Ind. Code § 36-7.6-4-7 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-7
Leases; findings
Status: in_force

Sec. 7. (a) Before a lease may be entered into by an eligible political subdivision under this chapter, the eligible political subdivision must find that the lease rental provided for is fair and reasonable.

(b) A lease of land or a project from a development authority to an eligible political subdivision:

(1) may not have a term exceeding forty (40) years;

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

(3) may contain provisions:

(A) allowing the eligible political subdivision to continue to operate an existing project until completion of the acquisition, improvements, reconstruction, or renovation of that project or any other project; and

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

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

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

(6) may be entered into before acquisition or construction of a project;

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

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

(B) maintain insurance on the project for the benefit of the development authority;

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

(D) pay a deposit or series of deposits to the development authority from any funds available to the eligible political subdivision before the commencement of the lease to secure the performance of the eligible political subdivision's obligations under the lease; and

(8) must provide that the lease rental payments by the eligible political subdivision shall be made from the development authority fund established under section 1 of this chapter and may provide that the lease rental payments by the eligible political subdivision shall be made from:

(A) net revenues of the project;

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

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

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-2-17-4 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-4
Miniature photographic or microfilm recording of documents; marginal entry or notation; control over film and records; original and duplicate copies; index
Status: in_force

Sec. 4. (a) A county officer may record documents by miniature photographic process or microfilm process if:

(1) the installation of the process is approved by the county executive; and

(2) the process provides for an original and a duplicate film copy of each document that the officer is required to record.

The officer shall index and file the original copy in a suitable container in the office where the document is recorded, in such a manner that it is easily accessible and readable by an interested person. The officer shall preserve the duplicate copy in a fireproof vault, either in the courthouse where the office is located or in a place designated by the county executive.

(b) When recording a release, assignment, or other document that requires a marginal entry or notation on a prior record made under this section, an officer acting under this section shall:

(1) record the document on the index page of the photographic or microfilm record containing the prior record; or

(2) index and cross-reference the marginal entry or notation and record it on a separate page attached to or filed with and made a part of the prior record.

(c) An officer recording a document under this section has exclusive control over the film and records in the officer's office, and the officer may not return an original document to the person presenting it for record until the film copy of that document is properly recorded, indexed, filed, and made available to interested persons.

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

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.102.
Ind. Code § 36-7-11.3-14 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-14
"Subject property" defined
Status: in_force

Sec. 14. As used in this chapter, "subject property" means primary or secondary property or existing or proposed construction on the property:

(1) that is the subject of:

(A) a filing made with;

(B) a hearing or meeting of; or

(C) an appeal from;

the commission; or

(2) with respect of which there is claimed to be a violation of this chapter.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7.5-7-3 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-3
"Convention fund"
Status: in_force

Sec. 3. As used in this chapter, "convention fund" means the Lake County economic development and convention fund established by section 5 of this chapter.

As added by P.L.195-2023, SEC.7.
Ind. Code § 36-7-32.5-1.5 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-1.5
"Contractor"
Status: in_force

Sec. 1.5. As used in this chapter, "contractor" has the meaning set forth in IC 6-2.5-1-14.9.

As added by P.L.201-2023, SEC.271.
Ind. Code § 36-1-9.5-43 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-43
Equipment rating credit; aggregate and respective classified ratings; tentative factors
Status: in_force

Sec. 43. (a) An entity may not provide a rating credit for equipment:

(1) that cannot satisfactorily be identified as to kind, type, and capacity; or

(2) for which the essential information concerning the equipment's cost and age is not supplied.

(b) An entity shall provide a contractor with a tentative factor of one hundred percent (100%) in the contractor's aggregate and respective classified ratings. Each of these tentative factors may be reduced wholly or in part for the contractor's deficiencies in the following areas:

(1) The contractor's organization and personnel.

(2) The contractor's work experience and prosecution of work on previous contracts.

(3) The contractor's quality of workmanship on contracts.

(4) The condition and adequacy of the contractor's equipment.

(5) The contractor's experience with the general public and equal employment opportunity requirements.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-9-6 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-6
Modification or rescission of orders
Status: in_force

Sec. 6. (a) The enforcement authority may issue an order that modifies the order previously issued.

(b) The enforcement authority may rescind an order previously issued, even if the order has been affirmed by the hearing authority.

[Pre-Local Government Recodification Citations: 18-5-5.5-3; 18-5-5.5-4.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.6.
Ind. Code § 36-10-8-19 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-19
Joint and cooperative planning, financing, construction, operation, and maintenance agreements
Status: in_force

Sec. 19. The board and the state, any department, agency, or commission of the state, or any department, agency, or commission of municipal or county government may enter into agreements, contracts, or leases with each other on the terms that are agreed upon, providing for joint and cooperative planning, financing, construction, operation, or maintenance of a capital improvement or of the buildings, facilities, structures, or improvements that are necessary or desirable in connection with the use and operation of a capital improvement. The buildings, facilities, structures, or improvements may include:

(1) facilities for the comfort of visitors and other persons using the capital improvement;

(2) parking lots and garages;

(3) walks and pedestrian ways;

(4) landscaping, lighting, and beautification; and

(5) open spaces, malls, or plazas desirable to produce a unified architectural and artistic setting for the capital improvement.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-1.5-1-7 — Indiana Code / Title 36 / Article 1.5 / Chapter 1 / Section 36-1.5-1-7
Actions under other laws not prohibited
Status: in_force

Sec. 7. This article does not prohibit the:

(1) reorganization of one (1) or more political subdivisions;

(2) exercise of governmental functions under an interlocal cooperation agreement or a cooperative agreement; or

(3) transfer of responsibilities between offices and officers;

under another law that is not included in this article.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-2-11-25 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-25
Federal liens; notice; filing; certificate of discharge; recording; exemption from redaction requirements
Status: in_force

Sec. 25. (a) This section applies to:

(1) a lien arising under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (commonly known as the Superfund Law); and

(2) any other federal lien on real property or any federal tax lien on personal property provided for in the statutes or regulations of the United States.

In order for a lien covered by this section to be perfected, notice of the lien must be filed in the office of the recorder of the county in which the real or personal property subject to the lien is located.

(b) When a notice of a lien covered by this section is presented to the recorder for filing, the recorder shall enter it appropriately in the entry book and in the miscellaneous record. The entries made under this subsection must show the date of filing, the book and page number or instrument number, the name of the person named in the notice, a legal description of the property, if appropriate, and any serial number or other identifying number given in the notice.

(c) When a certificate of discharge of a federal lien covered by this section is issued by the proper officer and presented for filing in the office of the recorder of the county where the notice of lien was filed, the recorder shall record the certificate of discharge as a release of the lien. However, to be recorded under this subsection, the certificate must refer to the recorder's book and page number or instrument number under which the lien was recorded.

(d) When recording a release of a lien under subsection (c), the recorder shall inscribe, in the margin of each entry made to record the lien under subsection (a), a reference to the place where the release is recorded.

(e) Upon the recording of the certificate of discharge as a release under subsection (c) and the inscribing of the references to the release under subsection (d), a certificate of discharge of a lien covered by this section operates as a full discharge and satisfaction of the lien, unless the references to the release inscribed under subsection (d) specifically note the release as a partial lien release.

(f) A federal lien on real property and a federal tax lien on personal property are not subject to the:

(1) requirement to redact Social Security numbers as described in IC 36-2-7.5-1.5; or

(2) requirements to include statements in a recorded or filed instrument as described in section 15(c) and 15(d) of this chapter.

As added by P.L.338-1987, SEC.1. Amended by P.L.256-1993, SEC.1; P.L.171-2006, SEC.22.
Ind. Code § 36-7.6-4-17 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-17
Covenants
Status: reserved

Sec. 17. (a) If there are bonds outstanding that have been issued under this article by a development authority and are not secured by a lease, or if there are leases in effect under this article, the general assembly covenants that it will not reduce the amount required to be transferred under section 2 of this chapter from a county or municipality that is a member of a development authority to the development authority below an amount that would produce one and twenty-five hundredths (1.25) multiplied by the total of the highest annual debt service on the bonds to their final maturity plus the highest annual lease payments on the leases to their final termination date.

(b) The general assembly also covenants that it will not:

(1) repeal or amend this article in a manner that would adversely affect owners of outstanding bonds, or the payment of lease rentals, secured by the amounts pledged under this chapter; or

(2) in any way impair the rights of owners of bonds of a development authority, or the owners of bonds secured by lease rentals, secured by a pledge of revenues under this chapter;

except as otherwise set forth in subsection (a).

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-7.5-1-10 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-10
"Economic development project"
Status: in_force

Sec. 10. "Economic development project" means the following:

(1) An economic development project described in any of the following:

(A) IC 36-7.5-2-1(2), IC 36-7.5-2-1(3), or IC 36-7.5-2-1(4).

(B) IC 36-7.5-3-1(2) or IC 36-7.5-3-1(4).

(C) The Marquette Plan.

(2) A dredging, sediment removal, or channel improvement project.

As added by P.L.214-2005, SEC.73. Amended by P.L.192-2015, SEC.7; P.L.204-2016, SEC.36.
Ind. Code § 36-9-11-15 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-15
Funding
Status: in_force

Sec. 15. Money to pay the cost of construction and operation of parking facilities may be:

(1) accepted as a donation;

(2) appropriated from the general fund or from any fund derived from parking revenues;

(3) provided by the issuance and sale of general obligation bonds of the municipality;

(4) provided by the issuance and sale of bonds payable solely from revenues derived from parking facilities, parking meters, or parking mechanisms, as provided by section 16 of this chapter; or

(5) provided by any combination of these methods.

The issuance of general obligation bonds and the appropriation of funds raised by taxation must comply with the applicable general statutes.

[Pre-Local Government Recodification Citations: 19-5-11-2 part; 19-5-13-3 part.]

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-2-13-13 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-13
Protection of prisoner in sheriff's custody; assistance; unlawful killing of prisoner; forfeiture of office; reinstatement
Status: in_force

Sec. 13. (a) Whenever the sheriff has reason to believe that a prisoner in the sheriff's custody is in danger of being unlawfully killed, the sheriff shall order all persons with whom the sheriff can directly communicate to assist in protecting the prisoner. If the sheriff remains unable to protect the prisoner, the sheriff shall notify the governor and ask for the aid of the state in protecting the prisoner.

(b) A sheriff who unlawfully kills a prisoner in the sheriff's custody, or unlawfully permits a prisoner to be killed, forfeits the sheriff's office. The governor shall issue a proclamation declaring the office of the sheriff vacated.

(c) The person who forfeited the office may petition the governor to be reinstated as sheriff. The petition must:

(1) show that the person did everything in the person's power to protect the life of the prisoner and carried out the duties of the sheriff's office pertaining to the protection of prisoners; and

(2) be filed with the governor not more than fourteen (14) days after the date on which the governor declares the office of the sheriff vacated.

If, after a hearing, the governor finds that the person did carry out the duties of the sheriff's office, the governor may reinstate the person in office and issue to the person a certificate of reinstatement. A person who files a petition under this subsection shall give notice to both the prosecuting attorney of the county and the attorney general.

[Pre-Local Government Recodification Citation: 17-3-5-2.1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.93.
Ind. Code § 36-7-38-11 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-11
Interlocal agreements
Status: in_force

Sec. 11. A land bank may:

(1) enter into an interlocal agreement under IC 36-1-7 with another governmental entity; or

(2) otherwise contract with another governmental entity in Indiana to perform services for the governmental entity.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-2-6-1 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-1.5-5-6 — Indiana Code / Title 36 / Article 1.5 / Chapter 5 / Section 36-1.5-5-6
Limit on actions under cooperative agreement
Status: in_force

Sec. 6. (a) A cooperative agreement may not permit an entity or another instrumentality established to administer the cooperative agreement to take any action that at least one (1) of the parties to the cooperative agreement could not carry out on its own.

(b) A cooperative agreement may permit the transfer of money from one (1) fund of a political subdivision for a use authorized by the cooperative agreement.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-14-55 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-55
Residential housing development program; required findings
Status: in_force

Sec. 55. (a) This section applies only to a residential housing development program authorized by section 53 of this chapter.

(b) The commission must make the following findings in the resolution adopting a residential housing development program under section 53 of this chapter:

(1) The public health and welfare will be benefited by accomplishment of the program.

(2) The accomplishment of the program will be of public utility and benefit as measured by:

(A) the provision of adequate residential housing;

(B) an increase in the property tax base; or

(C) other similar public benefits.

As added by P.L.235-2019, SEC.4.
Ind. Code § 36-5-4-12 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-12
Preapproved payments of claims
Status: in_force

Sec. 12. (a) The legislative body of a town may adopt an ordinance allowing money to be disbursed under this section for lawful town purposes.

(b) Notwithstanding IC 5-11-10, with the prior written approval of the board having jurisdiction over allowance of the claim, a town fiscal officer may make claim payments in advance of a board allowance for the following types of expenses if the town legislative body has adopted an ordinance under subsection (a):

(1) Property or services purchased or leased from:

(A) the United States government; or

(B) an agency or a political subdivision of the United States government.

(2) License fees or permit fees.

(3) Insurance premiums.

(4) Utility payments or utility connection charges.

(5) Federal grant programs if:

(A) advance funding is not prohibited; and

(B) the contracting party provides sufficient security for the amount advanced.

(6) Grants of state funds authorized by statute.

(7) Maintenance agreements or service agreements.

(8) Lease agreements or rental agreements.

(9) Principal and interest payments on bonds.

(10) Payroll.

(11) State, federal, or county taxes.

(12) Expenses that must be paid because of emergency circumstances.

(13) Expenses described in an ordinance.

(c) Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the fiscal officer.

(d) The town legislative body or the board having jurisdiction over the allowance of the claim shall review and allow the claim at the body's or board's next regular or special meeting following the preapproved payment of the expense.

As added by P.L.32-1992, SEC.7. Amended by P.L.69-1995, SEC.11.
Ind. Code § 36-7-15.3-12 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-12
Local public improvements; plans and specifications
Status: in_force

Sec. 12. If the lease provides for a local public improvement or improvements thereto to be constructed by the authority, the plans and specifications shall be submitted to and approved by the commission.

As added by P.L.84-1987, SEC.14.
Ind. Code § 36-7-1-19 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-19
"Subdivision"
Status: in_force

Sec. 19. "Subdivision" means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by the legislative body under IC 36-7-4.

[Pre-Local Government Recodification Citation: 18-4-20-7.]

As added by Acts 1981, P.L.309, SEC.19. Amended by Acts 1981, P.L.310, SEC.3; Acts 1982, P.L.211, SEC.1.
Ind. Code § 36-9-6-8 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-8
Public places; cleaning and sprinkling
Status: in_force

Sec. 8. The works board may, by contract or otherwise, clean and sprinkle any public place within the city.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-9-25-17 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-17
Payment of preliminary expenses
Status: in_force

Sec. 17. (a) All preliminary expenses actually incurred by the board in providing necessary records, giving notice, employing clerks, engineers, attorneys, and other employees, making surveys, and all other expenses that must be paid before the issue and sale of the bonds under section 27 of this chapter, and before the collection of taxes levied under section 32 of this chapter, shall be met and paid according to this section. The board shall, from time to time, certify items of expense to the municipal fiscal officer, directing the municipal fiscal officer to pay those amounts. The fiscal officer shall at once draw the fiscal officer's warrant, with the warrant to be paid out of the unappropriated part of the general fund of the municipality, without a special appropriation being made by the municipal legislative body.

(b) If there is no unappropriated money in the general fund, the fiscal officer shall recommend to the legislative body either the temporary transfer from other funds of the municipality of a sufficient amount to meet the items of expense, or the making of a temporary loan for this purpose. The legislative body shall, at once, make the transfer or authorize the temporary loan in the same manner that other temporary loans are made by the municipality. However, the fund or funds of the municipality from which payments are made must be fully reimbursed and repaid by the board:

(1) out of the first proceeds of the sale of bonds to the extent that expenses paid are chargeable to the cost of acquiring land or the construction of a work under a resolution adopted and confirmed under section 18 of this chapter; or

(2) out of the fund raised by taxation under section 32 of this chapter to the extent that expenses paid are in the nature of a general expense of the board.

[Pre-Local Government Recodification Citation: 19-2-14-8.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.320.
Ind. Code § 36-2-4-1 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-1
Application of chapter
Status: in_force

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

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-10-9.1-10 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-10
Purposes
Status: in_force

Sec. 10. The authority is organized for the following purposes:

(1) Financing, constructing, and leasing capital improvements to the capital improvement board.

(2) Financing and constructing additional improvements to capital improvements owned by the authority and leasing them to the capital improvement board.

(3) Acquiring all or a portion of one (1) or more capital improvements from the capital improvement board by purchase or lease and leasing these capital improvements back to the capital improvement board, with any additional improvements that may be made to them.

(4) Acquiring all or a portion of one (1) or more capital improvements from the capital improvement board by purchase or lease to fund or refund indebtedness incurred on account of those capital improvements to enable the capital improvement board to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the capital improvement board considers to be unduly burdensome.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-9-29.1-10 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-10
Condemnation proceedings
Status: in_force

Sec. 10. If the board has finally confirmed any resolution for all or any part of any project of flood prevention and control, and any property is required to be condemned, appropriated, or purchased, or is damaged or injuriously affected by the carrying out of the flood prevention project and work, the board shall proceed with reference to this property and awards of damages in all respects, whenever necessary, in accordance with IC 32-24. Any part of the appropriation proceedings as to any property may be included in either the original resolution or any subsequent resolutions.

As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.2-2002, SEC.126.
Ind. Code § 36-9-17-6 — Indiana Code / Title 36 / Article 9 / Chapter 17 / Section 36-9-17-6
Limitations on disbursements
Status: in_force

Sec. 6. Disbursements may be made from the general improvement fund for any purpose only if benefits are to be:

(1) assessed against the properties benefited in the manner provided by the street and sewer improvement statutes; and

(2) collected in the manner provided by law for the collection of Barrett Law assessments, with all interest and penalties paid into the general fund of the municipality.

[Pre-Local Government Recodification Citation: 18-6-3-4 part.]

As added by Acts 1981, P.L.309, SEC.90.
Ind. Code § 36-7-15.6-17 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-17
Issuance of bonds
Status: in_force

Sec. 17. (a) The commission may issue bonds for the purpose of construction, replacement, repair, maintenance, or improvement of flood control works within a district established under this chapter, including to reimburse a unit for expenditures made from the unit's storm water fund prior to the bond issuance as set forth in subsection (g)(11).

(b) The bonds are payable solely from:

(1) property tax proceeds allocated to the district's flood control improvement fund under section 13 of this chapter;

(2) other funds available to the commission;

(3) a combination of the methods in subdivisions (1) through (2); or

(4) to the extent that the revenues under subdivisions (1) through (3) are insufficient to pay the debt service on the bonds, from any other revenues available to the unit that established the commission.

(c) The bonds shall be authorized by a resolution of the commission.

(d) The terms and form of the bonds shall be set out either in the resolution or in a form of trust indenture approved by the resolution.

(e) The bonds must mature within twenty-five (25) years.

(f) The commission shall sell the bonds at public or private sale upon such terms as determined by the commission.

(g) All money received from any bonds issued under this chapter shall be applied solely to the payment or reimbursement of the cost of providing flood control works within the flood control improvement district for which the bonds were issued, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:

(1) planning and development of flood control works and all related buildings, facilities, structures, and improvements;

(2) acquisition of a site and clearing and preparing the site for construction;

(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the flood control works suitable for use and operation;

(4) architectural, engineering, consultant, and attorney's fees;

(5) incidental expenses in connection with the issuance and sale of bonds;

(6) reserves for principal and interest;

(7) interest during construction and for a period thereafter determined by the commission;

(8) financial advisory fees;

(9) insurance during construction;

(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement;

(11) reimbursement to the unit that established the commission for expenditures made from the unit's storm water fund for any or all of the purposes in subdivisions (1) through (10) prior to the bond issuance; and

(12) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, for, and interest on, the bonds being refunded or refinanced.

As added by P.L.61-2018, SEC.1. Amended by P.L.10-2019, SEC.135.
Ind. Code § 36-6-6-17 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-17
Application; immediate family member; continuation of appropriations
Status: in_force

Sec. 17. (a) This section does not apply to a township located in a county having a consolidated city.

(b) As used in this section, "immediate family member" refers only to any of the following relatives of an individual:

(1) A parent.

(2) A sibling.

(3) A spouse.

(4) A child.

A relative by adoption, half-blood, marriage, or remarriage is considered as a relative of whole kinship.

(c) A member of the township board may not participate in a vote on the adoption of the township's budget and tax levies if the member is an immediate family member of the township trustee.

(d) Notwithstanding any other law, if at least a majority of the members of the township board are precluded from voting on the township's budget and tax levies under subsection (c), the township's most recent annual appropriations are continued for the ensuing budget year, subject to the following:

(1) The township trustee may petition the county fiscal body for an increase in the township's budget under subsection (e).

(2) The township trustee may petition the county fiscal body for any additional appropriations under subsection (f).

(e) If subsection (d) applies, the township trustee may petition the county fiscal body for an increase in the township's budget and property tax levies. The county fiscal body may grant or deny the petition only after conducting a public hearing on the petition.

(f) If subsection (d) applies, the county fiscal body may adopt any additional appropriations of the township by ordinance before the department of local government finance may approve the additional appropriation.

As added by P.L.159-2020, SEC.80.
Ind. Code § 36-7-41-6 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-6
Vacancy
Status: in_force

Sec. 6. A vacancy occurring in the membership of the commission shall be filled by the appointing authority to serve the remainder of the term.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-7-11.9-7 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-7
"Lender"
Status: in_force

Sec. 7. "Lender" means any federal or state chartered bank, federal land bank, savings association, production credit association, bank for cooperatives, or small business investment company, and includes any other institution qualified to originate and service loans, such as an insurance company, credit union, or mortgage loan company.

As added by P.L.20-1985, SEC.14. Amended by P.L.79-1998, SEC.107.
Ind. Code § 36-1-13-4 — Indiana Code / Title 36 / Article 1 / Chapter 13 / Section 36-1-13-4
Method of program establishment
Status: in_force

Sec. 4. If a political subdivision that elects to establish a program has the power to adopt ordinances, the program shall be established by ordinance. If a political subdivision that elects to establish a program does not have the power to adopt ordinances, the program shall be established by resolution.

As added by P.L.254-1993, SEC.1.
Ind. Code § 36-6-9-7 — Indiana Code / Title 36 / Article 6 / Chapter 9 / Section 36-6-9-7
Deadline for plan adoption
Status: in_force

Sec. 7. A township that meets the requirements of section 5 of this chapter must:

(1) adopt a capital improvement plan not later than September 30 of each calendar year; and

(2) submit a copy of the adopted capital improvement plan to the department of local government finance not later than five (5) business days after a budget is adopted under IC 6-1.1-17-5(a). The submission must be in the manner prescribed by the department.

As added by P.L.129-2019, SEC.4. Amended by P.L.173-2025, SEC.37; P.L.156-2026, SEC.29.
Ind. Code § 36-7-15.1-9 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-9
Conformity of resolution and redevelopment plan with comprehensive city development plan; submission of resolution and plan to legislative body for approval
Status: in_force

Sec. 9. (a) After or concurrent with adoption of a resolution under section 8 of this chapter, the commission shall determine whether the resolution and the redevelopment plan conform to the comprehensive plan of development for the consolidated city and approve or disapprove the resolution and plan proposed. If the commission approves the resolution and plan, it shall submit the resolution and plan to the legislative body of the consolidated city, which may approve or disapprove the resolution and plan.

(b) In determining the location and extent of a redevelopment project area proposed to be acquired for redevelopment, the commission shall give consideration to transitional and permanent provisions for adequate housing for the residents of the area who will be displaced by the redevelopment project.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.185-2005, SEC.30; P.L.146-2008, SEC.746.
Ind. Code § 36-7-15.2-12 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-12
Hearing; consideration of written remonstrances
Status: in_force

Sec. 12. At the hearing, which may be adjourned from time to time, the commission shall hear all persons interested in the proceedings and shall consider all written remonstrances that have been filed with the commission.

As added by P.L.84-1987, SEC.13.
Ind. Code § 36-10-9.5-5 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-5
Powers and duties of the board
Status: in_force

Sec. 5. The board may, acting under the title "northwest Indiana stadium board", do the following:

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

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

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

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

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

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

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

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

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

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

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

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

(13) Sue and be sued in the name and style of "northwest Indiana stadium board", service of process being had by leaving a copy at the board's office.

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

(15) Enter into leases of capital improvements and sell or lease property under IC 5-1-17.1.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-8-8-13.4 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-13.4
Expired
Status: repealed

As added by P.L.177-2011, SEC.2. Amended by P.L.35-2012, SEC.131. Expired 7-1-2021 by P.L.177-2011, SEC.2.
Ind. Code § 36-2-2-5 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-5
Eligibility; forfeiture of office; number elected
Status: in_force

Sec. 5. (a) To be eligible for election to the executive, a person must meet the qualifications prescribed by IC 3-8-1-21.

(b) A member of the executive must reside within:

(1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and

(2) the district from which the member was elected.

(c) If the person does not remain a resident of the county and district after taking office, the person forfeits the office. The county fiscal body shall declare the office vacant whenever a member of the executive forfeits office under this subsection.

(d) In a county having a population of:

(1) more than four hundred fifty thousand (450,000) and less than seven hundred thousand (700,000); or

(2) more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government as described in section 4(c) of this chapter;

one (1) member of the executive shall be elected by the voters of each of the three (3) single-member districts established under section 4(b) or 4(c) of this chapter. In other counties, all three (3) members of the executive shall be elected by the voters of the whole county.

[Pre-Local Government Recodification Citations: 17-1-14-1 part; 17-1-14-2 part; 17-1-15.6-1 part; 17-1-15.6-2 part; 17-1-28-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.137; Acts 1981, P.L.17, SEC.7; P.L.5-1986, SEC.34; P.L.3-1987, SEC.542; P.L.12-1992, SEC.151; P.L.14-2004, SEC.192; P.L.225-2011, SEC.90; P.L.90-2012, SEC.4; P.L.119-2012, SEC.180; P.L.104-2022, SEC.148; P.L.201-2023, SEC.267; P.L.230-2025, SEC.140.
Ind. Code § 36-7-4-910 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-910
Board of zoning appeals; quorum
Status: in_force

Sec. 910. A quorum consists of a majority of the entire membership of the board of zoning appeals.

[Pre-Local Government Recodification Citations: 18-7-2-64 part; 18-7-4-910; 18-7-4-72 part; 18-7-5-76 part.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-9-37-10 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-10
Liability of municipalities for assessments for public improvements
Status: in_force

Sec. 10. (a) A political subdivision has the same powers and is subject to the same duties and liability in respect to municipal assessments for the cost of public improvements affecting the political subdivision's real property as private owners of real property.

(b) The real property of a political subdivision is subject to liens for the assessments if the real property would have been subject if owned by a private owner at the time the lien attached. However, a penalty or attorney's fees arising from such an assessment may not be collected from a political subdivision.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-9-27-61 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-61
Establishing new regulated drains; referral of final report to county surveyor; county surveyor's duties
Status: in_force

Sec. 61. When the board refers a petition to the county surveyor for a final report under section 60(b) of this chapter, the county surveyor shall do the following:

(1) Make the necessary survey for the proposed drain.

(2) Prepare plans for structures other than bridges or culverts crossing a railroad right-of-way or a highway owned by the state. In preparing the plans, the county surveyor shall include all appurtenances needed to complete the proposed drain.

(3) Prepare maps showing the location of the land proposed to be assessed.

(4) Prepare profiles showing the cuts and gradient of the proposed work.

(5) Determine the best and cheapest method of drainage, which may be by:

(A) removing obstructions from a natural or artificial watercourse;

(B) diverting a natural or artificial watercourse from its channel;

(C) deepening, widening, or changing the channel of a natural or artificial watercourse;

(D) constructing an artificial channel, with or without arms or branches;

(E) tiling all or part of an open drain;

(F) converting all or part of a tiled drain to an open drain;

(G) constructing a new drain as a part or the whole of the work; or

(H) any combination of these methods.

(6) Determine and describe the termini, route, location, and character of the proposed work, including grades, bench marks, and all necessary arms. The county surveyor may vary the line of the work from the line described in the petition, and the county surveyor may fix the beginning and outlet so as to secure the best results.

(7) Divide the proposed drain into sections of not more than one hundred (100) feet in length, and compute and set out the number of cubic yards of excavation in each section.

(8) Estimate the cost of the proposed drain, including construction, seeding or sodding of disturbed areas and the banks of open drains, notices, advertising, and the attorney's fee for the petitioner's attorney. The amount of the attorney's fee is computed as follows:

(A) If the estimated cost of constructing the drain is less than one thousand five hundred dollars ($1,500), the fee is fifteen percent (15%) of that cost.

(B) If the estimated construction cost is one thousand five hundred dollars ($1,500) or more, but less than twenty-five thousand dollars ($25,000), the fee is two hundred twenty-five dollars ($225) plus five percent (5%) of the amount by which that cost exceeds one thousand five hundred dollars ($1,500).

(C) If the estimated construction cost is twenty-five thousand dollars ($25,000) or more, the fee is one thousand four hundred dollars ($1,400) plus one percent (1%) of the amount by which that cost exceeds twenty-five thousand dollars ($25,000).

[Pre-Local Government Recodification Citation: 19-4-2-10 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.349.
Ind. Code § 36-9-23-12 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-12
Petition objecting to construction or acquisition of works; court hearing; notice; bond; further proceedings on project prohibited if petition sustained
Status: in_force

Sec. 12. (a) This section does not apply to undertakings in compliance with orders of the department of environmental management for which no objections are authorized.

(b) Forty (40) or more owners of property connected or to be connected to and served by sewage works authorized by a resolution under section 10(a) of this chapter may file a written petition objecting to the construction or acquisition of the works. The petition must be filed with the municipal legislative body, must contain the names and addresses of the petitioners, and must set forth the following objections:

(1) The works are not required by the public needs.

(2) The cost of the proposed works would be excessive considering the value of the service to be rendered to the affected community.

(3) Any other ground of objection.

The petition shall be filed within twenty (20) days after the publication of notice under section 10(b) of this chapter.

(c) Unless the proposed works are abandoned, the municipal clerk shall file in the office of the clerk of the circuit or superior court of the county a copy of the resolution or resolutions together with the petition. The court shall then set the matter for hearing at the earliest date possible, which must be within twenty (20) days after the filing of the petition with the court. The court shall send notice of the hearing by certified mail to the municipality and to the first ten (10) signers of the petition at the addresses shown on the petition. All interested parties shall appear in the court without further notice, and the municipality may not conduct any further proceedings concerning the works until the matters presented by the petition have been heard and determined by the court.

(d) The petitioners shall file with their petition a bond in the sum and with the security fixed by the court. The bond must be conditioned on the petitioners' payment of all or part of the costs of the hearing and any damages awarded to the municipality if the petition is denied, as ordered by the court.

(e) Upon the date fixed in the notice, the court shall, without a jury, hear the evidence produced. The court may confirm the decision of the municipal legislative body or sustain the objecting petition. The order of the court is final and conclusive upon all parties to the proceeding and parties who might have appeared at the hearing, subject only to the right of direct appeal. All questions that were presented or might have been presented are considered to have been adjudicated by the order of the court, and no collateral attack upon the decision of the municipal legislative body or order of the court is permitted.

(f) If the court sustains the petition, or if it is sustained on appeal, the municipal legislative body may not institute any further proceedings for the construction of the sewage works described in the resolution or resolutions for a period of one (1) year after the date of the order, unless the construction is required by a subsequent order of the state department of environmental management to abate water pollution.

[Pre-Local Government Recodification Citation: 19-2-5-6 part.]

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.143-1985, SEC.198; P.L.163-2017, SEC.5.
Ind. Code § 36-12-10-2 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-2
Power to lease library buildings; conditions; joint lease contracts
Status: in_force

Sec. 2. (a) A municipal corporation may lease a building or buildings to use as a library under the following conditions:

(1) A lease may not be entered into for a period of more than forty (40) years.

(2) Before a lease is entered into, there must first be filed with the governing authority of the municipal corporation a petition signed by fifty (50) or more resident taxpayers of the municipal corporation.

(3) After investigation, the governing authority must determine that a need exists for the library building or buildings.

(4) The governing authority must determine that the municipal corporation cannot provide the necessary funds to pay the cost or the municipal corporation's proportionate share of the cost of the library building or buildings required to meet the present needs.

(b) If two (2) or more municipal corporations propose to enter into a lease jointly, joint meetings of the governing authority of the corporations may be held. Action taken is binding on a municipal corporation only if the action is approved by the municipal corporation's governing authority. A lease executed by two (2) or more municipal corporations as joint lessees must set out the amount of the total lease rental agreed upon to be paid by each. A lessee is entitled to occupancy only if the total rental is paid as stipulated in the lease. All rights of joint lessees under the lease must be proportionate to the amount of lease rental paid by each.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-2.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.49.
Ind. Code § 36-6-1-7 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-7
Abolition of township or alteration of boundaries; taxing district for payment of existing indebtedness
Status: in_force

Sec. 7. After abolition of a township or alteration of a township's boundaries, the former territory of the township comprises a taxing district for the payment of township indebtedness existing at the time of the abolition or alteration.

[Pre-Local Government Recodification Citation: 17-4-5-1.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-3-2-7 — Indiana Code / Title 36 / Article 3 / Chapter 2 / Section 36-3-2-7
Transfer of territory; procedure
Status: in_force

Sec. 7. (a) This section governs the transfer of territory that is either:

(1) inside the corporate boundaries of the consolidated city and contiguous to an excluded city; or

(2) inside the corporate boundaries of an excluded city and contiguous to the consolidated city.

IC 36-4-3 does not apply to such a transfer.

(b) If the owners of land located in territory described in subsection (a) want to have that territory transferred from one (1) municipality to the other, they must file:

(1) a petition for annexation of that territory with the legislative body of the contiguous municipality; and

(2) a petition for disannexation of that territory with the legislative body of the municipality containing that territory.

Each petition must be signed by at least fifty-one percent (51%) of the owners of land in the territory sought to be transferred. The territory must be reasonably compact in configuration, and its boundaries must generally follow streets or natural boundaries.

(c) Each legislative body shall, not later than sixty (60) days after a petition is filed with it under subsection (b), either approve or disapprove the petition, with the following results:

(1) If both legislative bodies approve, the transfer of territory takes effect:

(A) on the effective date of the approval of the latter legislative body to act; and

(B) when a copy of each transfer approval has been filed under subsection (f).

(2) If the legislative body of the contiguous municipality disapproves or fails to act within the prescribed period, the proceedings are terminated.

(3) If the legislative body of the contiguous municipality approves but the legislative body of the other municipality disapproves or fails to act within the prescribed period, the proceedings are terminated unless there is an appeal under subsection (d).

(d) In the case described by subsection (c)(3), the petitioners may, not later than sixty (60) days after the disapproval or expiration of the prescribed period, appeal to the circuit court. The appeal must allege that the benefits to be derived by the petitioners from the transfer outweigh the detriments to the municipality that has failed to approve, which is defendant in the appeal.

(e) The court shall try an appeal under subsection (d) as other civil actions, but without a jury. If the court determines that:

(1) the requirements of this section have been met; and

(2) the benefits to be derived by the petitioners outweigh the detriments to the municipality;

it shall order the transfer of territory to take effect on the date its order becomes final and shall file the order under subsection (f). However, if the municipality, or a district of it, is furnishing sanitary sewer service or municipal water service in the territory, or otherwise has expended substantial sums for public facilities (other than roads) specially benefiting the territory, the court shall deny the transfer.

(f) A municipal legislative body that approves a transfer of territory under subsection (c) or a court that approves a transfer under subsection (e) shall file a copy of the approval or order, setting forth a legal description of the territory to be transferred, with:

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

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

(g) Not later than ten (10) days after the second of the two (2) approvals is filed under subsection (f), the municipality that annexes the territory shall provide notice to the chairman of the alcohol and tobacco commission as set forth in IC 7.1-4-9-7 of any retailer's or dealer's premises located within the annexed territory.

(h) A petition for annexation or disannexation under this section may not be filed with respect to land as to which a transfer of territory has been disapproved or denied within the preceding three (3) years.

(i) The legislative body of a municipality annexing territory under this section shall assign the territory to at least one (1) municipal legislative body district under IC 36-3-4-3 or IC 36-4-6 not later than thirty (30) days after the transfer of territory becomes effective under this section.

[Pre-Local Government Recodification Citation: 18-4-15-1(a) part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.5-1989, SEC.89; P.L.3-1997, SEC.452; P.L.123-2000, SEC.3; P.L.113-2010, SEC.114; P.L.194-2021, SEC.66; P.L.104-2022, SEC.152.
Ind. Code § 36-6-8-7 — Indiana Code / Title 36 / Article 6 / Chapter 8 / Section 36-6-8-7
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-4-27.7-6.]

As added by Acts 1980, P.L.212, SEC.5. Repealed by Acts 1980, P.L.125, SEC.32.
Ind. Code § 36-8-8-8.8 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-8.8
Purchase of out-of-state service credit
Status: in_force

Sec. 8.8. (a) This section applies to a fund member who, after June 30, 2010, completes service for which the 1977 fund gives credit.

(b) As used in this section, "out-of-state service" means service in another state in a comparable position for which the fund member would receive service credit in the 1977 fund if the service had been performed in Indiana.

(c) Subject to subsections (d) through (g), a fund member may purchase and claim out-of-state service credit if the fund member meets the following requirements:

(1) The fund member has at least one (1) year of credited service in the 1977 fund.

(2) Before the fund member retires, the fund member makes contributions to the 1977 fund as follows:

(A) Contributions that are equal to the product of the following:

(i) The salary of a first class patrolman or firefighter at the time the fund member makes a contribution for the service credit.

(ii) A rate, determined by the actuary for the 1977 fund, that is based on the age of the fund member at the time the fund member makes a contribution for the service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased.

(iii) The number of years of out-of-state service credit the fund member intends to purchase.

(B) Contributions for any accrued interest, at a rate determined by the actuary for the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member.

(3) The fund member has received verification from the 1977 fund that the out-of-state service is, as of the date payment is made by the fund member, valid.

(d) A fund member must have at least twenty (20) years of service before the fund member may receive a benefit based on service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of service credit purchased under this section.

(e) A fund member may not receive service credit under this section if the service for which the fund member requests credit also qualifies the fund member for a benefit in another governmental retirement system.

(f) A fund member who:

(1) terminates service before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or

(2) receives a retirement benefit for the same service from another retirement system, other than under the federal Social Security Act;

may withdraw the fund member's contributions made under this section plus accumulated interest after submitting to the 1977 fund a properly completed application for a refund.

(g) The following apply to the purchase of service credit under this section:

(1) The system board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The system board shall determine the length of the period during which the payments must be made.

(2) The system board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code.

(3) The fund member may not claim the service credit for purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit.

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

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

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

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

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

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

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

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

As added by P.L.88-2010, SEC.1. Amended by P.L.35-2012, SEC.124; P.L.8-2015, SEC.13.
Ind. Code § 36-2-3-1 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-1
Application of chapter
Status: in_force

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

[Pre-Local Government Recodification Citations: 17-1-28-1 part; 18-4-4-4 part; Acts 1973, P.L.163, SECTION 3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.141.
Ind. Code § 36-10-4-11 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-11
Shade trees and lawns along public ways; resolution assessing cost; hearing; assessments; playgrounds; public school grounds or buildings
Status: in_force

Sec. 11. (a) The board has exclusive control over the planting, trimming, and maintenance of shade trees along the public ways of the city. The board may:

(1) take over and control the improvement, maintenance, and embellishment of all lawns and street centers in and along the public ways of the city; or

(2) compel the owners of lots and parcels of land bordering on the public ways to plant, trim, protect, and maintain shade trees and to sod, plant, and maintain lawns and centers after first adopting a resolution showing the public necessity and assessing the cost against the abutting lots and parcels of land.

(b) After adopting a resolution under subsection (a), the board shall give notice and provide a hearing, with right of remonstrance, in the same manner as is provided for street and sidewalk improvements by the works board of the city. However, instead of letting a contract to the highest and best bidder, the board may carry out the improvement with its own employees and charge the actual cost in the same manner as if a contract was let. The cost may include a reasonable guaranty, but may not, however, exceed the estimate to be made and placed on file at the time of the adoption of the resolution.

(c) All assessments levied for the improvements are payable in one (1) payment, without notice, at the next regular taxpaying time after the completion of the improvement. The assessments are liens against the separate lots and parcels of land abutting the improvement. If they are not paid when due, they may be enforced by foreclosure, after giving notice, in the same manner as assessments for street and sidewalk improvements.

(d) The board has exclusive control over the establishment and maintenance of public playgrounds, public playfields, public swimming pools, public baths, community centers, and recreation centers in the city. The board shall select directors, assistants, and employees to manage and control the facilities and shall prescribe their duties and fix their compensation. The board may expend the sums from the general park fund for recreation purposes that it considers advantageous to the city.

(e) The governing body of the school corporation of the city may permit the use of public school grounds or buildings under its control that are required or adaptable for recreation purposes when that use will not interfere with use for school purposes.

[Pre-Local Government Recodification Citations: 19-7-9-4 part; 19-7-9-7 part; 19-7-30-9 part; 19-7-30-36; 19-7-30-37 part.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-4-6-5 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-5
Third class cities having populations of less than 10,000; division into districts; boundaries; voting for legislative body candidates; recertification of districts; filing with circuit court clerk; time for filing
Status: in_force

Sec. 5. (a) This section applies to third class cities having a population of less than ten thousand (10,000). The legislative body of such a city may, by ordinance adopted after June 30, 2010, and during a year in which an election of the legislative body will not occur, decide to be governed by this section instead of section 4 of this chapter. The legislative body districts created by an ordinance adopted under this subsection apply to the first election of the legislative body held after the date the ordinance is adopted. The clerk of the legislative body shall send a certified copy of any ordinance adopted under this subsection to the secretary of the county election board.

(b) This subsection does not apply to a city with an ordinance described by subsection (j). The legislative body shall adopt an ordinance to divide the city into four (4) districts that:

(1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;

(2) are reasonably compact;

(3) do not cross precinct boundary lines except as provided in subsection (c) or (d); and

(4) contain, as nearly as is possible, equal population.

(c) The boundary of a city legislative body district may cross a precinct boundary line if:

(1) more than one (1) member of the legislative body elected from the districts established under subsection (b) or (j) resides in one (1) precinct established under IC 3-11-1.5 after the most recent municipal election; and

(2) following the establishment of a legislative body district whose boundary crosses a precinct boundary line, not more than one (1) member of the legislative body elected from the districts resides within the same city legislative body district.

(d) The boundary of a city legislative body district may cross a precinct line if the districts would not otherwise contain, as nearly as is possible, equal population.

(e) A city legislative body district with a boundary described by subsection (c) or (d) may not cross a census block boundary line:

(1) except when following a precinct boundary line; or

(2) unless the city legislative body certifies in the ordinance that the census block has no population, and is not likely to ever have population.

(f) The legislative body may not adopt an ordinance dividing the city into districts with boundaries described by subsection (c) or (d) unless the clerk of the city mails a written notice to the circuit court clerk. The notice must:

(1) state that the legislative body is considering the adoption of an ordinance described by this subsection; and

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

(g) Except as provided in subsection (o), the division under subsection (b) or (j) shall be made only at times permitted under IC 3-5-10.

(h) This subsection does not apply to a city with an ordinance described by subsection (j). The legislative body is composed of four (4) members elected from the districts established under subsection (b) and one (1) at-large member.

(i) This subsection does not apply to a city with an ordinance described by subsection (j). Each voter may vote for one (1) candidate for at-large membership and one (1) candidate from the district in which the voter resides. The at-large candidate receiving the most votes from the whole city and the district candidates receiving the most votes from their respective districts are elected to the legislative body.

(j) A city may adopt an ordinance under this subsection to divide the city into three (3) districts that:

(1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;

(2) are reasonably compact;

(3) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and

(4) contain, as nearly as is possible, equal population.

(k) This subsection applies to a city with an ordinance described by subsection (j). The legislative body is composed of three (3) members elected from the districts established under subsection (j) and two (2) at-large members.

(l) This subsection applies to a city with an ordinance described by subsection (j). Each voter of the city may vote for two (2) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The two (2) at-large candidates receiving the most votes from the whole city and the district candidates receiving the most votes from their respective districts are elected to the legislative body.

(m) This subsection applies to a city having a population of less than seven thousand (7,000). A legislative body of such a city that has, by resolution adopted before May 7, 1991, decided to continue an election process that permits each voter of the city to vote for one (1) candidate at large and one (1) candidate from each of its four (4) council districts may hold elections using that voting arrangement. The at-large candidate and the candidate from each district receiving the most votes from the whole city are elected to the legislative body. The districts established in cities adopting such a resolution may cross precinct boundary lines.

(n) A copy of the ordinance establishing districts or a recertification under this section must be filed with the circuit court clerk of the county that contains the greatest population of the city not later than thirty (30) days after the ordinance or recertification is adopted. The filing must include a map of the district boundaries:

(1) adopted under subsection (b) or (j); or

(2) recertified under subsection (o).

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

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

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

[Pre-Local Government Recodification Citation: 18-2-1-8 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.8; Acts 1981, P.L.44, SEC.44; P.L.13-1988, SEC.18; P.L.5-1989, SEC.103; P.L.7-1990, SEC.60; P.L.4-1991, SEC.142; P.L.1-1992, SEC.185; P.L.3-1993, SEC.267; P.L.230-2005, SEC.87; P.L.113-2010, SEC.121; P.L.271-2013, SEC.51; P.L.169-2022, SEC.17.
Ind. Code § 36-7-4-1104 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1104
Miscellaneous provisions; no effect on eminent domain by state, state agency, or Indiana finance authority
Status: in_force

Sec. 1104. (a) As used in this section, "state agency" means all agencies, boards, commissions, departments, and institutions, including state educational institutions, of the state.

(b) ADVISORY─AREA. This chapter does not restrict or regulate (or authorize any political subdivision, legislative body, plan commission, or board of zoning appeals to restrict or regulate) the exercise of the power of eminent domain by the state, by any state agency, or by the Indiana finance authority (IC 5-1.2-3), or the use of property owned or occupied by the state, by any state agency, or by the Indiana finance authority.

[Pre-Local Government Recodification Citations: 18-7-4-1104; 18-7-4-99.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.181-2016, SEC.41; P.L.189-2018, SEC.166.
Ind. Code § 36-9-11.1-4 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-4
Pecuniary interest; board or employee
Status: in_force

Sec. 4. A member of the board or employee of the department may not have, either directly or indirectly, any pecuniary interest in any contract, purchase, or sale, or in any remuneration paid to or received by any other person, under this chapter, and any transaction made in which any such member or employee has a pecuniary interest is void. However, any property required for the purposes of the department in which a member of the board, or relative of a member, has a pecuniary interest may be acquired but only by gift, bequest, or devise.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-9-37-22.5 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-22.5
Preservation of assessment in default as a lien
Status: in_force

Sec. 22.5. (a) The municipal fiscal officer and the municipal works board may jointly establish procedures allowing a municipality to avoid a sale, on property that is not delinquent for property taxes, penalties, and other special assessments, that:

(1) is required under section 22 of this chapter; and

(2) would be conducted under IC 6-1.1-24;

by preserving an assessment that is in default as a lien against the property on which the assessment was imposed. A lien created under this section applies to the total assessment principal, interest, and penalties owed by the property owner on the date on which the municipality determines that the assessment is in default.

(b) Except as provided in subsection (c), an assessment preserved as a lien under this section shall be paid by the person liable for the assessment when ownership of the property is transferred.

(c) The following apply to an assessment preserved as a lien under this section:

(1) Additional penalties do not accrue to the lien after the date described in subsection (a).

(2) The procedures established under subsection (a) must specify when additional interest shall accrue to the lien after the date described in subsection (a).

(3) The lien must be recorded.

(4) The amount owed by the property owner must be paid by the person liable for the assessment before the final bond maturity date.

(d) When the person liable pays an assessment preserved as a lien under this section, the proceeds of the collection are subject to the same requirements as the proceeds of a sale conducted under section 24 of this chapter.

As added by P.L.45-2004, SEC.4.
Ind. Code § 36-8-23-5 — Indiana Code / Title 36 / Article 8 / Chapter 23 / Section 36-8-23-5
Limited liability of community fast responders and nonprofit corporations
Status: in_force

Sec. 5. (a) This section applies if:

(1) a county adopts an ordinance approving the provision of community fast responder services by a community fast responder nonprofit corporation; and

(2) the community fast responder nonprofit corporation purchases an insurance policy described in subsection (b).

(b) A community fast responder nonprofit corporation shall purchase an insurance policy that provides at least seven hundred thousand dollars ($700,000) of insurance coverage for the liability of all of the corporation's community fast responders for bodily injury or property damage caused by the corporation's community fast responders acting within the scope of their duties.

(c) The civil liability of a community fast responder for:

(1) an act that is within the scope of a community fast responder's duties; or

(2) the failure to do an act that is within the scope of a community fast responder's duties;

while performing emergency services or while traveling to the scene of an emergency or from the scene of an emergency is limited to the coverage provided by the insurance policy purchased under this section. A community fast responder may not be named in a lawsuit as a nonparty and is not liable for punitive damages for any act that is within the scope of the community fast responder's duties.

(d) The civil liability of a community fast responder nonprofit corporation is limited to five million dollars ($5,000,000) for injury to or death of all persons in an occurrence. A community fast responder nonprofit corporation is not liable for punitive damages.

As added by P.L.70-2012, SEC.2.
Ind. Code § 36-7-12-2 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-2
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-6-4.5-2 part.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.40-1983, SEC.2; P.L.197-1984, SEC.1. Repealed by P.L.20-1985, SEC.18(a).
Ind. Code § 36-2-2-17 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-17
Audit of accounts
Status: in_force

Sec. 17. The executive may audit the accounts of officers who deal with money belonging to or appropriated for the benefit of the county.

[Pre-Local Government Recodification Citations: 17-1-14-11 part; 17-2-38-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.16.
Ind. Code § 36-6-10-4 — Indiana Code / Title 36 / Article 6 / Chapter 10 / Section 36-6-10-4
Memorandum of understanding; transfers from fund
Status: in_force

Sec. 4. A township must enter into a written memorandum of understanding with a city, town, or county, as applicable, for, subject to section 5 of this chapter, the transfer of funds from a fund established under section 2 of this chapter to the city, town, or county for the purpose of bidding out projects that are:

(1) for the improvement of roads and infrastructure within the township's boundaries; and

(2) approved by the township.

Funds used for a project under this section must be used solely for projects for roads and infrastructure that are within the township's boundaries.

As added by P.L.173-2025, SEC.39.
Ind. Code § 36-8-3.5-0.4 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-0.4
"District"
Status: in_force

Sec. 0.4. As used in this chapter, "district" refers to a fire protection district established under IC 36-8-11.

As added by P.L.207-2023, SEC.5.
Ind. Code § 36-4-5-1 — Indiana Code / Title 36 / Article 4 / Chapter 5 / Section 36-4-5-1
Application of chapter
Status: in_force

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

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.41.
Ind. Code § 36-1-7-9 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-9
Agreements between municipality and county; contents
Status: in_force

Sec. 9. (a) This section may be used only for an agreement between an Indiana municipality and the executive of the county in which it is located concerning highway construction and maintenance and related matters.

(b) An agreement under this section must provide for the following:

(1) Its duration, which may not be more than four (4) years.

(2) The specific functions and services to be performed or furnished by the county on behalf of the municipality.

In addition, such an agreement may provide for any other appropriate matters.

(c) An agreement under this section may provide for either of the following:

(1) A stipulation that distributions from the motor vehicle highway account under IC 8-14-1, the local road and street account under IC 8-14-2, or both, be made to the county rather than to the municipality.

(2) A stipulation that the municipality will appropriate a specified part of those distributions for purposes listed in the agreement.

[Pre-Local Government Recodification Citations: 19-5-25-1; 19-5-25-3.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-9-30-21 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-21
Fees for use of and service rendered by facilities
Status: in_force

Sec. 21. (a) Except as provided in subsection (l), the fiscal body of the unit owning, operating, and maintaining facilities for the collection or disposal of solid waste may, by ordinance, establish and maintain just and equitable fees for the use of and the service rendered by the facilities.

(b) Except as provided in subsection (m), if the fiscal body of a unit has authorized the issuance of revenue bonds under this chapter, it shall, as long as the bonds are outstanding, establish and maintain fees with respect to the facilities for which the bonds are issued.

(c) The aggregate amount of the required fees must be sufficient to pay the cost of operation, repair, depreciation, and maintenance of the facilities, and to pay the sums required to be paid into the bond fund under this chapter.

(d) The ordinance may provide that the fees are payable:

(1) by either the users of the facilities, the owners of the property served by the facilities, or the unit; or

(2) by the users, owners, and the unit in the proportions fixed by the ordinance.

(e) Revenues collected under this section are considered revenues of the facilities.

(f) The fees may not be established until after a public hearing at which the users of the facilities, the owners of property served or to be served by the facilities, and other interested parties have an opportunity to be heard concerning the proposed fees and the provisions concerning payment of the fees.

(g) After introduction of the ordinance fixing the fees and providing for their payment, and before the ordinance is finally adopted, notice of the hearing, setting forth the proposed schedule of fees and the provisions concerning payment, shall be published in accordance with IC 5-3-1.

(h) After the hearing, which may be adjourned from time to time, the ordinance, as originally introduced or as amended, shall be passed and put into effect. A copy of the schedule of fees established shall be kept on file in the office of the board and in the office of the fiscal officer of the unit. The fee schedule is a public record.

(i) The fees or the provisions for their payment may be changed or readjusted in the manner by which they were originally established. However, if the change or readjustment is made substantially pro rata as to all classes of use or service, no hearing or notice is required.

(j) If:

(1) a user of the facilities; or

(2) an owner of property served by the facilities;

does not pay a fee within thirty (30) days after it is due, the amount of the fee, together with a penalty of ten percent (10%) and a reasonable attorney's fee, may be recovered by the unit in a civil action in the name of the unit.

(k) The unit is subject to the fees established under this chapter. The unit shall pay the fees when due. The payments are considered part of the revenues of the facilities.

(l) This subsection applies to a county having a population of more than sixty thousand (60,000) and less than sixty-five thousand (65,000). The county executive owning, operating, and maintaining facilities for the collection or disposal of solid waste may, by ordinance, establish and maintain just and equitable fees for the use of and the service rendered by the facilities.

(m) If the fiscal body of a county that is subject to subsection (l) has authorized the issuance of revenue bonds under this chapter, the county executive shall, as long as the bonds are outstanding, establish and maintain fees with respect to the facilities for which the bonds are issued.

[Pre-Local Government Recodification Citations: 19-2-1-16; 19-2-6-2 part.]

As added by Acts 1981, P.L.309, SEC.106. Amended by Acts 1981, P.L.45, SEC.92; P.L.102-1987, SEC.2; P.L.12-1992, SEC.188; P.L.170-2002, SEC.171; P.L.119-2012, SEC.234; P.L.104-2022, SEC.216.
Ind. Code § 36-7-4-1212 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1212
Township joinder; withdrawal of township; conditions; procedure
Status: in_force

Sec. 1212. ADVISORY. Because long range planning studies of population, land use, schools, recreation, and public ways involve substantial expenditures, a township that joins with a municipality or county may not withdraw from the joinder, unless:

(1) the municipality or county has consolidated on an area basis its planning and zoning activity under other law; or

(2) a petition, requesting a referendum on the question "Shall the township withdraw from joinder with (the municipality), or (the county), for planning and zoning purposes?", is sent to the township executive and is signed by at least the number of the voters of the township required under IC 3-8-6-3 to place a candidate on the ballot.

If the petition is received, the township executive shall certify the petition to the county election board under IC 3-10-9-3. The board shall place the question on a ballot to be submitted at the next general election for the township in the form prescribed by IC 3-10-9-4. If the township repays the amount expended for planning and zoning purposes that exceeds the amount contributed by the township and a majority of the voters voting in the election vote in the affirmative, the township may withdraw from its joinder with the municipality or county.

[Pre-Local Government Recodification Citations: 18-7-4-1212; 18-7-6-13.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.3-1987, SEC.566; P.L.12-1995, SEC.131.
Ind. Code § 36-8-10.7-8 — Indiana Code / Title 36 / Article 8 / Chapter 10.7 / Section 36-8-10.7-8
Not prohibited or restricted
Status: in_force

Sec. 8. This chapter does not prohibit or restrict:

(1) the manufacture, sale, or distribution of Class B firefighting foam that contains intentionally added PFAS chemicals; or

(2) the use of Class B firefighting foam that contains intentionally added PFAS chemicals in:

(A) an emergency firefighting operation; or

(B) an emergency fire prevention operation.

As added by P.L.22-2020, SEC.1.
Ind. Code § 36-10-9-1 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-1
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.28.
Ind. Code § 36-2-4-3 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-3
Quorum
Status: in_force

Sec. 3. (a) A majority of all the elected members constitutes a quorum, except as provided by subsection (b).

(b) A county fiscal body may, by a two-thirds (2/3) vote, adopt a rule specifying that a certain number of members greater than a majority constitutes a quorum.

[Pre-Local Government Recodification Citations: 17-1-14-1 part; 17-1-24-10 part; 17-1-28-3 part; 17-1-28-7 part; 17-2-2.5-8 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.149; Acts 1981, P.L.17, SEC.14.
Ind. Code § 36-4-7-4 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-4
City officers and employees connected with operation of municipally owned utility or function; additional compensation
Status: in_force

Sec. 4. (a) Subject to the approval of the city legislative body, the city executive may provide that city officers (including elected city officers) and employees receive additional compensation for services that:

(1) are performed for the city;

(2) are not governmental in nature; and

(3) are connected with the operation of a municipally owned utility or function.

(b) Subject to the approval of the executive and legislative body, the administrative agency operating the utility or function shall fix the amount of the additional compensation, which shall be paid from the revenues of the utility or function.

[Pre-Local Government Recodification Citations: 18-2-1-12; 19-3-28-1; 19-3-30-1; 19-3-30-2.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.209-2019, SEC.14.
Ind. Code § 36-1-9.5-6 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-6
"Bid bond" defined
Status: in_force

Sec. 6. As used in this chapter, "bid bond" means the approved form of security furnished with a bid to guarantee that the bidder will enter into the contract if the bidder's bid is accepted.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7.7-3-6 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-6
Chair; officers
Status: in_force

Sec. 6. (a) In January of each year, a strategy committee shall hold an organizational meeting at which the strategy committee shall elect the following officers from the members of the strategy committee:

(1) A chair.

(2) A vice chair.

(3) A secretary-treasurer.

(b) The affirmative vote of at least a majority of the members of the strategy committee is necessary to elect an officer under subsection (a).

(c) An officer elected under subsection (a) serves from the date of the officer's election until the officer's successor is elected and qualified.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-9-12-7 — Indiana Code / Title 36 / Article 9 / Chapter 12 / Section 36-9-12-7
Disposition of surplus funds
Status: in_force

Sec. 7. At the end of a calendar year, money remaining in the municipal treasury to the credit of the special fund established under section 4 of this chapter remains in the fund and does not revert to the general fund of the municipality, but the municipal legislative body may, by ordinance, transfer any balance in the special fund to the general fund.

[Pre-Local Government Recodification Citation: 18-6-13-5 part.]

As added by Acts 1981, P.L.309, SEC.85.
Ind. Code § 36-7-31.3-15 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-15
Deposit of taxes in fund
Status: in_force

Sec. 15. Covered taxes attributable to a taxing area under section 10 of this chapter shall be deposited in the professional sports and convention development area fund.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-8-7.5-19 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-19
Benefits exempted from legal process; reimbursement of employers; withholding payments while charges of criminal taking from employer pending
Status: in_force

Sec. 19. (a) All pensions, annuities, and benefits payable out of the 1953 fund are exempt from seizure or levy upon attachment, garnishment, execution, and all other process. Except as provided in section 23 of this chapter, pensions, annuities, and benefits are not subject to sale, assignment, or transfer by a beneficiary.

(b) However, the member's contributions or benefits, or both, may be transferred to reimburse the member's employer for loss resulting from the member's criminal taking of the employer's property by the local board if the local board receives adequate proof of the loss. The loss resulting from the member's criminal taking of the employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.

(c) The local board may withhold payment of the member's contributions and interest if the employer of the member notifies the local board that felony or misdemeanor charges accusing the member of the criminal taking of the employer's property have been filed.

(d) The local board may withhold payment of a person's contributions and interest under subsection (c) until the final resolution of the criminal charges.

(e) Subsections (c) and (d) do not apply to the:

(1) pension benefit of a retired member; or

(2) disability benefit of a member who becomes disabled.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.10-1993, SEC.17; P.L.97-2004, SEC.129; P.L.203-2019, SEC.9.
Ind. Code § 36-9-30-17 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-17
Revenue bonds; issuance; interest rates; terms and conditions; nature of bonds; sale
Status: in_force

Sec. 17. (a) The unit may issue revenue bonds to provide all or part of the money necessary to pay the costs of facilities acquired or constructed under this chapter. The bonds, which are payable solely from the fund established under section 18 of this chapter, must be authorized by an ordinance of the fiscal body of the unit, setting forth the terms and conditions of the bonds.

(b) The bonds may bear interest at any rate determined by the ordinance, payable semiannually, and mature serially, either annually or semiannually and beginning at the time and extending over the period of years determined by the ordinance.

(c) The ordinance may include the terms and conditions considered necessary and proper to protect the bondholders.

(d) The bonds shall be issued in the name of the unit, but they are not a corporate indebtedness of the unit. The bonds must contain a statement on their face that the unit is not obligated to pay them or the interest on them, except from the fund established under section 18 of this chapter.

(e) The bonds are negotiable instruments.

(f) The bonds and the interest on them are exempt from all state, county, and municipal taxation.

(g) The bonds shall be executed in the same manner as other bonds issued by the unit are executed, and shall be sold in accordance with IC 5-1-11 or at a negotiated sale.

(h) Bonds issued by a lessor corporation under this chapter shall be sold in accordance with IC 5-1-11 or at a negotiated sale.

[Pre-Local Government Recodification Citations: 19-2-1-12 part; 19-2-1-13 part; 19-2-1-17 part.]

As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.35-1990, SEC.71.
Ind. Code § 36-10-3-36 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-36
Extension of service to unincorporated area; area to become part of district; appointment of member to board; application of chapter
Status: in_force

Sec. 36. (a) If a majority of those voting in a special election vote under section 35 of this chapter for the extension of park and recreation services, then at the beginning of the next fiscal year the area becomes part of the district of the department.

(b) At the time the area becomes part of the district, the circuit judge of the county shall appoint a member from the area to the board. The member shall be appointed with the same qualifications and for the same term as other members and has the same powers and duties. If the petition of more than one (1) area is approved, the circuit judge shall make the selection of members so as to maintain the bipartisan character of the board as far as possible. As each additional member is appointed, the quorum of the board is increased by one (1).

(c) The board has the same powers and duties to provide park and recreation service to the area as it has for the municipality, and this chapter applies as fully to the area to which service is extended as it applies to a municipality. However, the board need not provide service to the area before revenues from the area are available.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-62; subsection (b) formerly 19-7-4-63; subsection (c) formerly 19-7-4-64; 19-7-4-67 part.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-7-14-12.4 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-12.4
Ownership prohibition regarding single family dwellings
Status: in_force

Sec. 12.4. Notwithstanding any other provision in this chapter, after June 30, 2014:

(1) a redevelopment commission;

(2) a department of redevelopment; or

(3) any other entity:

(A) established by the commission or department; or

(B) controlled by the commission or a member of the commission regardless of any pecuniary interest the member may have;

may not own, lease, or otherwise hold a single family dwelling or condominium unit for purposes of leasing for the use by individuals as a dwelling. In addition, an arrangement or agreement that is contrary to this section may not be extended beyond the term of the arrangement or agreement as in effect on June 30, 2014. However, a commission, department, or entity covered by this section may own property in the capacity of a land bank for a unit.

As added by P.L.149-2014, SEC.7.
Ind. Code § 36-2-10-21 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-21
Money found on dead bodies
Status: in_force

Sec. 21. (a) Within one (1) year after the county treasurer receives money from the county coroner under IC 36-2-14-11, the treasurer shall deliver it to any person legally entitled to receive it, but the treasurer may retain as much as is needed to pay the expenses of the coroner's investigation and the funeral of the deceased. The treasurer shall report amounts retained and paid by the county treasurer under this subsection to the county executive for its approval.

(b) If money held by the treasurer under subsection (a) is not claimed within one (1) year after the county treasurer receives it, the county treasurer shall credit the sum of money to the county general fund.

[Pre-Local Government Recodification Citations: 17-3-17-8 part; 17-3-17-9; 17-3-17-14.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.56-1996, SEC.14.
Ind. Code § 36-10-16-18 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-18
Commission board members
Status: in_force

Sec. 18. (a) The commission is governed by the commission board composed of five (5) members.

(b) The board shall consist of the following five (5) members:

(1) One (1) member appointed by the eligible county executive.

(2) One (1) member appointed by the eligible city executive.

(3) One (1) member appointed by the speaker of the house of representatives.

(4) One (1) member appointed by the president pro tempore of the senate.

(5) One (1) member appointed by the Chair of the Pokagon Band of the Potawatomi.

(c) A legislative member of the board is a nonvoting advisory member. All other members are voting members.

(d) The term of a member is four (4) years. Legislative members of the board serve a two (2) year term ending June 30 of an odd-numbered year. However:

(1) the enabling ordinance may shorten the initial term of a member to stagger the terms of the board; and

(2) a board member may be removed with or without cause at any time by the entity who appointed the member.

(e) If a vacancy occurs on the board, the appointing authority shall appoint a new member. Subject to subsection (d)(2), the member serves for the remainder of the vacated term.

(f) A board member may not receive a salary. However, a board member is entitled to receive the following:

(1) A nonlegislative member is entitled to reimbursement for any expenses necessarily incurred in the performance of the member's duties. A reimbursement shall be paid from the commission's funds.

(2) A legislative member is entitled to receive the same per diem, mileage, and travel allowances established by the legislative council and paid to members of the general assembly serving on interim study committees. The allowances shall be paid by the legislative services agency from the amounts appropriated for that purpose.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7-11.2-38 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-38
Written final orders
Status: in_force

Sec. 38. (a) Not later than thirty (30) days after a vote by the commission finally determining a matter, the commission shall enter a written final order stating the following:

(1) The names of the members present and voting.

(2) Whether the vote cast by each member was negative or affirmative.

(3) The basic facts found by the members whose vote for or against the petitioner determined the matter.

(b) If a tie vote occurs, the petition is considered to be determined adversely to the petitioner, with the members casting a vote adverse to the petitioner considered to be the majority.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(b).]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-23-4 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-4
Establishment; public body corporate and politic; multiple county participation; distribution of funds
Status: in_force

Sec. 4. (a) A multiple jurisdiction infrastructure authority may be established under this chapter by:

(1) ordinance of the fiscal body of each unit participating in the authority; and

(2) if a county is one (1) of the units participating in the authority, the order of the executive of that county; and

(3) an agreement among the participating units, executed by the executive of each participating unit following the approval of the legislative body of each of the participating units.

(b) The authority is a public body corporate and politic. The authority is separate from the state, but the exercise by the authority of its powers is an essential governmental function.

(c) An agreement to establish an authority must include:

(1) more than one (1) unit as a participant; and

(2) a formula for distributing funds contributed by the units participating in the authority.

(d) An authority may add additional participating units at any time by following the procedures set forth in subsection (a).

(e) A unit may participate in more than one (1) authority.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.7.
Ind. Code § 36-7-32-8 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-8
"Income tax base period amount"
Status: in_force

Sec. 8. As used in this chapter, "income tax base period amount" means the aggregate amount of the following taxes paid by employees employed in the territory comprising a certified technology park with respect to wages and salary earned for work in the certified technology park for the state fiscal year that precedes the date on which the certified technology park was designated under section 11 of this chapter:

(1) The adjusted gross income tax.

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

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.197-2016, SEC.137; P.L.158-2019, SEC.30; P.L.154-2020, SEC.49.
Ind. Code § 36-8-8.5-16.5 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-16.5
Disability benefit
Status: in_force

Sec. 16.5. (a) This section applies to a member of the 1977 fund who becomes disabled after June 1, 2005, while the member is in the DROP, because of a disability that arose either in the line of duty or other than in the line of duty.

(b) The retirement benefit for a member who retires because of a disability while in the DROP is determined under this chapter rather than under the provisions of the applicable fund. Determinations as to whether:

(1) the member is disabled; and

(2) a disability is in the line of duty;

under this chapter are made under the provisions of the applicable fund.

(c) If the member retires because of a disability less than twelve (12) months after the date the member enters the DROP, the benefits for the member are calculated under the provisions of the applicable fund as if the member had never entered the DROP.

(d) If the member retires before July 1, 2017, because of a disability at least twelve (12) months after the date the member enters the DROP, the benefits for the member are calculated under section 12 of this chapter, and the member's retirement date is the date the member retires because of a disability rather than the member's DROP retirement date.

(e) If a member retires after June 30, 2017, because of a disability at least twelve (12) months after the date the member enters the DROP, the benefits for the member are as follows:

(1) A retirement benefit paid by and calculated under the provisions of the applicable fund as if the member had never entered the DROP.

(2) An additional, separate amount that is not calculated as a part of a disability benefit from the applicable fund and that is:

(A) calculated under section 12(b)(2)(B) of this chapter; and

(B) paid to the member in accordance with the member's election under section 12(c) of this chapter.

For purposes of paying the additional amount calculated under this subsection, the member's retirement date is the date the member retires because of a disability as determined under the provisions of the applicable fund rather than the member's DROP retirement date.

(f) A member who retired after January 1, 2015, and before July 1, 2017, because of a disability at least twelve (12) months after the date the member entered the DROP may elect to have the member's benefit actuarially adjusted, reconciled, and recalculated under subsection (e). An election under this subsection:

(1) must be made in writing on a form prescribed by the board; and

(2) is irrevocable.

As added by P.L.148-2007, SEC.6. Amended by P.L.47-2017, SEC.1.
Ind. Code § 36-7-15.1-26.7 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-26.7
Repealed
Status: repealed

As added by P.L.222-1991, SEC.2. Amended by P.L.90-2002, SEC.481. Repealed by P.L.146-2008, SEC.813.
Ind. Code § 36-10-4-30 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-30
Awards; determination; notice describing location of land appropriated or acquired
Status: in_force

Sec. 30. (a) After completion of the list, the board shall proceed to determine and award:

(1) the amount of damages sustained by the owners of the parcels of land required to be appropriated, if any, as provided in the resolution or that will be injuriously affected; and

(2) the amount of particular benefits that will accrue to the lots or parcels of land, exclusive of improvements, lying within two thousand (2,000) feet on either side of the property to be acquired, of the improvement, or of both because of proximity to the land to be acquired and the establishment or construction of a project for park purposes as provided in the resolution and in addition to the benefits received by the lots or parcels of land in common with all property located in the city.

However, the total amount of benefits assessed against the lots and parcels of land, exclusive of improvements, located within two thousand (2,000) feet may not exceed twenty-five percent (25%) of the total cost of land acquisition or of the improvement.

(b) When the list has been completed, the board shall have published in accordance with IC 5-3-1 a notice describing the location of the land appropriated or acquired by the purchase or the land on which the improvement is to be made. The notice must also state:

(1) the general character of the improvement;

(2) what assessments have been made against land within two thousand (2,000) feet of park property; and

(3) that the assessment list, with the names of the owners to whom damages have been awarded and against whom assessments have been made, a description of property affected, and the amounts of preliminary awards or assessments for each parcel of property affected is on file and can be seen in the board's office.

(c) In addition, the board shall have a written notice served upon the owner of each parcel of land taken or injuriously affected, by leaving a copy at the owner's last and usual place of residence in the city or by delivering a copy to the owner personally. The notice must show separately each item of the determination regarding property owned by the owner.

(d) The board shall also have mailed a notice to the residence, if known, of persons owning land or parts of land against which special assessments have been made, showing each item of the determination as it affects those persons. If a person is a nonresident or the person's residence is not known, then the person is considered to have been notified by the publication. The notice must name a day, not earlier than ten (10) days after service of the notice, the last day of publication, or the date of mailing, on which the board will receive and hear remonstrances from persons regarding the amount of their respective awards or assessments. Persons not included in the lists, assessments, or awards who claim to be entitled to an assessment or award are considered to have been notified of the pendency of the proceedings by the original notice of the resolution of the board and by the publication as provided in this section.

[Pre-Local Government Recodification Citation: 19-7-30-24.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.45, SEC.99; P.L.127-2017, SEC.383.
Ind. Code § 36-7-4-106 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-106
Prior law construed
Status: in_force

Sec. 106. If a provision of the prior advisory planning laws, area planning laws, township joinder laws, or metropolitan development laws has been replaced in the same form or in a restated form, by a provision of this chapter, then a citation to the provision of the prior law shall be construed as a citation to the corresponding provision of this chapter.

[Pre-Local Government Recodification Citation: 18-7-4-124.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-4-10-1 — Indiana Code / Title 36 / Article 4 / Chapter 10 / Section 36-4-10-1
Application of chapter
Status: in_force

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

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.50.
Ind. Code § 36-8-9-3.1 — Indiana Code / Title 36 / Article 8 / Chapter 9 / Section 36-8-9-3.1
Membership
Status: in_force

Sec. 3.1. (a) An ordinance adopted under section 2 of this chapter must provide as follows:

(1) The board must consist of either of the following number of members:

(A) Three (3) members. If the ordinance provides for a three (3) member board, not more than two (2) board members may be members of the same political party, if individuals who satisfy this requirement can be found to serve on the board.

(B) Five (5) members. If the ordinance provides for a five (5) member board, not more than three (3) board members may be members of the same political party, if individuals who satisfy this requirement can be found to serve on the board.

(2) Each board member must be a resident of the town.

(3) The town legislative body shall appoint each board member.

(4) Except as provided in subdivision (5), the term of each board member expires January 1 of the third year after the member's appointment.

(5) The ordinance must provide for staggered terms of the board members and the method for staggering the terms. If the board has three (3) members, the term of one (1) board member must expire each year. If the board has five (5) members, the terms of not more than two (2) board members may expire each year.

(6) The town legislative body may remove a board member for any cause that the legislative body considers sufficient.

(7) The town legislative body may not appoint a police officer employed by the town to serve on the board.

(b) The ordinance may provide that a member of the town legislative body may serve as an ex officio member of the board. If the ordinance permits members of the town legislative body to serve as members of the board, the following apply:

(1) The ordinance must state the maximum number of board members that may also be members of the town legislative body.

(2) The ordinance must provide either of the following:

(A) That a board member vacates the member's position on the board when the member is no longer a member of the town legislative body.

(B) That a board member may continue to serve until the end of the board member's term even if the board member vacates the member's position on the town legislative body.

(3) A board member who is also a member of the town legislative body may not receive compensation as a board member provided under subsection (g).

(4) A board member who is also a member of the town legislative body is not required to post the bond required by subsection (f).

(c) This subsection does not apply to a board member who is a member of the town legislative body. Before performing any function of a board member, an individual shall take and subscribe an oath or affirmation of office before the circuit court clerk of the county in which the town is located.

(d) This subsection applies to all board members. Before performing any function of a board member, an individual shall take and subscribe an oath or affirmation:

(1) before the circuit court clerk of the county in which the town is located; or

(2) administered by any of the individuals granted notary powers under IC 33-42-9-7, in the case of a reorganized political subdivision (as defined in IC 36-1.5-2-7);

that, in each appointment or removal made by the board to or from the town police department under this chapter, the board member will not appoint or remove a member of the town police department because of the political affiliation of the person or for another cause or reason other than that of the fitness of the person.

(e) The circuit court clerk shall file oaths and affirmations required by this section among the circuit court clerk's records.

(f) This subsection does not apply to a board member who is a member of the town legislative body. A board member shall give bond in the penal sum of five thousand dollars ($5,000), payable to the state and conditioned upon the faithful and honest discharge of the member's duties. The bond must be approved by the town legislative body.

(g) The town legislative body shall fix the salary of board members who are not members of the town legislative body. A board member's salary is payable monthly out of the town treasury.

(h) If the board has three (3) members, the town legislative body may amend the ordinance at any time to increase the number of board members to five (5). The amended ordinance and the appointment of board members must satisfy all the requirements of subsection (a).

(i) A board established in compliance with section 3 of this chapter (before its repeal) is considered a board established under this section. A town legislative body may amend an ordinance adopted in compliance with section 3 of this chapter (before its repeal) as provided in this section.

As added by P.L.12-2001, SEC.1. Amended by P.L.40-2026, SEC.20.
Ind. Code § 36-1-8.5-9 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-9
Responsibilities of the unit to restrict access
Status: in_force

Sec. 9. (a) This section applies to a covered person who has submitted a written request under section 7(a) of this chapter.

(b) A unit shall restrict access to the home address of a covered person until the covered person submits a written request to the unit to allow public access to the person's home address on the public property data base web site. The unit shall take reasonable steps to verify the authenticity of the written request, including requiring the covered person to provide appropriate identification.

As added by P.L.106-2013, SEC.2. Amended by P.L.191-2015, SEC.18; P.L.111-2019, SEC.7; P.L.159-2020, SEC.73.
Ind. Code § 36-2-6-17 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-17
Purchase of supplies for county institutions
Status: in_force

Sec. 17. (a) This section applies to purchases of supplies used for the maintenance and subsistence of persons confined to, living in, or treated at county institutions.

(b) Supplies shall be contracted for and shall be purchased by the business manager or purchasing agent of each county institution.

(c) The executive shall make contracts for:

(1) meats;

(2) groceries;

(3) dry goods;

(4) fuel; and

(5) furniture and equipment;

at stated prices, leaving the quantity to vary with the needs of the county.

[Pre-Local Government Recodification Citation: 17-1-24-35 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.21; P.L.252-1993, SEC.4.
Ind. Code § 36-8-7.5-13.2 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-13.2
Determination whether disability in line of duty
Status: in_force

Sec. 13.2. (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 13(b)(1) of this chapter); or

(2) a disability not in the line of duty (a disability other than a disability described in section 13(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.18. Amended by P.L.6-2012, SEC.250.
Ind. Code § 36-8-22.5-5 — Indiana Code / Title 36 / Article 8 / Chapter 22.5 / Section 36-8-22.5-5
Contract provision requiring continuation of terms and conditions during negotiations
Status: in_force

Sec. 5. Notwithstanding any other law, a written agreement shall include a provision that requires the terms and conditions of the written agreement to continue without any change, including salary, wages, and benefits for any employee, if an impasse in negotiations is reached. The terms and conditions of the written agreement end and no longer bind the parties upon the occurrence of the earlier of the following:

(1) The mediation, arbitration, or other alternative dispute resolution process does not result in the parties reaching an agreement in the negotiations.

(2) The parties execute a new written agreement.

As added by P.L.126-2019, SEC.1.
Ind. Code § 36-7-15.1-47 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-47
Persons permitted to lease facilities
Status: in_force

Sec. 47. (a) Any of the following persons may lease facilities referred to in section 46 of this chapter to a commission:

(1) A nonprofit corporation organized under Indiana law or admitted to do business in Indiana.

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

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

(c) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments by the commission to a lessor described in subsection (b) may be made from sources set forth in section 46 of this chapter so long as the payments and the lease are structured to prevent the lease obligation from constituting debt of the unit or the district for purposes of the Constitution of the State of Indiana.

As added by P.L.102-1999, SEC.14.
Ind. Code § 36-8-16.6-18 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-18
Department's duty to deposit remitted charges in fund; board to administer money in fund
Status: in_force

Sec. 18. (a) The department shall deposit all remitted 911 service prepaid wireless charges in the fund.

(b) The board shall administer money deposited in the fund under this section in the same manner as it administers statewide 911 fees assessed under IC 36-8-16.7-32.

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.17; P.L.119-2024, SEC.13.
Ind. Code § 36-2-9-18 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-18
Endorsement on deed; tax identification number; fee
Status: in_force

Sec. 18. (a) Before the auditor makes the endorsement required by IC 36-2-11-14, the auditor may require that a tax identification number identifying the affected real property be placed on an instrument that conveys, creates, encumbers, assigns, or otherwise disposes of an interest in or a lien on real property. The tax identification number may be established by the auditor with the approval of the state board of accounts. If the tax identification number is affixed to the instrument or if a tax identification number is not required, the auditor shall make the proper endorsement on demand.

(b) On request, a county auditor shall provide assistance in obtaining the proper tax identification number for instruments subject to this section.

(c) The tax administration number established by this section is for use in administering statutes concerning taxation of real property and is not competent evidence of the location or size of the real property affected by the instrument.

(d) A county auditor may not refuse to endorse a deed or instrument under this section as required by IC 36-2-11-14 because the deed or instrument is:

(1) an electronic document; or

(2) made under IC 32-17-14.

(e) The legislative body of a county shall adopt an ordinance requiring the auditor to collect a fee in the amount of ten dollars ($10) for each:

(1) deed; or

(2) legal description of each parcel contained in the deed;

for which the auditor makes a real property endorsement. This fee is in addition to any other fee provided by law. The auditor shall place the revenue received under this subsection in a dedicated fund for use in maintaining property tax records, in traditional or electronic format.

[Pre-Local Government Recodification Citation: 17-3-39-8 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.274-1989, SEC.2; P.L.37-1992, SEC.8; P.L.65-2001, SEC.1; P.L.207-2003, SEC.1; P.L.257-2019, SEC.105; P.L.26-2022, SEC.6; P.L.99-2024, SEC.23.
Ind. Code § 36-10-9.5-1 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

"Board" refers to a northwest Indiana stadium board created under this chapter.

"Bonds" means bonds issued under section 12 or 15 of this chapter and, except as used in section 12 of this chapter or unless the context otherwise requires, lease agreements entered into under section 5(15) of this chapter.

"Capital improvement" means the building, facilities, or improvements that the board determines will be of general public benefit or welfare and will promote the cultural, recreational, public, or civic well-being of the city and northwest Indiana. This includes the land comprising the site, equipment, heating and air conditioning facilities, sewage disposal facilities, landscaping, walks, drives, parking facilities, and other structures, facilities, appurtenances, materials, equipment, and supplies that are necessary to make any building, facility, or improvement suitable for the use for which it was constructed.

"City" means the city of Hammond, Indiana.

"Contract" includes a lease or other agreement.

"Controller" means the controller appointed by the board pursuant to section 8(c) of this chapter.

"County" means, collectively, Lake and Porter counties.

"Excise taxes" refers to the excise taxes imposed by IC 6-9-36, IC 6-9-58, and IC 6-9-78.

"Issue", "issued", or "issuance" means in the case of lease agreements "execute", "executed", or "execution", respectively.

"Lease agreements" means lease agreements entered into under section 5(15) of this chapter.

"Net income" means the gross income from the operation of a capital improvement after deducting the necessary operating expenses of the board.

"Notes" means notes issued under section 20 of this chapter.

"Operating expenses" means:

(A) the necessary operational expenses of the board in performing its duties under this chapter, including maintenance, repairs, replacements, alterations, and costs of services of architects, engineers, accountants, attorneys, and consultants;

(B) the expenses for any other purpose that has been approved under section 7 of this chapter; and

(C) the maintenance of reasonable reserves for any of the items listed in clauses (A) and (B) of this definition or for other purposes required under a resolution, ordinance, or trust agreement.

"Principal and interest" or "principal on and interest of" includes, unless the context otherwise requires, payments required by lease agreements.

"Project" refers to a project of the board for the construction or lease of a facility and all buildings, facilities, structures, and improvements related to that facility.

"Public benefit" refers to a grant, a tax abatement, a tax credit, or establishment or use of tax area revenues related to a project.

"Public finance director" means the public finance director appointed under IC 5-1.2-3-6.

"Trust agreements", except as used in section 13 of this chapter or unless the context otherwise requires, includes lease agreements.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-1-3-15.6 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-15.6
Exemptions to a county residency requirement
Status: in_force

Sec. 15.6. (a) The following may not be subject to a county residency requirement:

(1) A public defender.

(2) An individual employed by a public defender office or agency.

(3) Court personnel.

(4) A deputy prosecuting attorney.

(5) An employee of a prosecuting attorney's office.

(6) An emergency medical services provider (as defined in IC 16-41-10-1).

(7) An employee of an agency or department that employs an emergency medical services provider.

(b) This section does not apply to a chief public defender.

As added by P.L.158-2026, SEC.48.
Ind. Code § 36-8-8.5-2 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-2
Applicability
Status: in_force

Sec. 2. Except as provided in section 1.5 of this chapter, this chapter applies to a person who is a member of any of the following funds:

(1) 1925 Police Pension Fund (IC 36-8-6) (referred to in this chapter as the 1925 fund).

(2) 1937 Firefighters' Pension Fund (IC 36-8-7) (referred to in this chapter as the 1937 fund).

(3) 1953 Police Pension Fund (Indianapolis) (IC 36-8-7.5) (referred to in this chapter as the 1953 fund).

(4) 1977 Police Officers' and Firefighters' Pension and Disability Fund (IC 36-8-8) (referred to in this chapter as the 1977 fund).

As added by P.L.62-2002, SEC.5. Amended by P.L.51-2006, SEC.2.