Ind. Code § 36-12-12-7 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-7
Department of local government finance action; appeal
Status: in_force

Sec. 7. (a) After a hearing upon the petition under section 6 of this chapter, the department of local government finance shall certify the department's approval, disapproval, or modification of the plan to the library board and the auditor of the county.

(b) A:

(1) taxpayer who signed a petition filed under section 5 of this chapter; or

(2) library district against which a petition under section 5 of this chapter is filed;

may petition for judicial review of the final determination of the department of local government finance under subsection (a). The petition must be filed in the tax court not more than forty-five (45) days after the department certifies the department's action under subsection (a).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-9.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-10-14-4 — Indiana Code / Title 36 / Article 10 / Chapter 14 / Section 36-10-14-4
Repealed
Status: repealed

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

As added by P.L.2-2006, SEC.197. Repealed by P.L.244-2017, SEC.133.
Ind. Code § 36-9-23-21 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-21
Bonds; sinking fund
Status: in_force

Sec. 21. At or before the time of issuance of revenue bonds under this chapter, the municipal legislative body, by ordinance, shall:

(1) establish a sinking fund for the payment of:

(A) the principal of and interest on the bonds; and

(B) the charges of banks or trust companies for making payment of the principal or interest; and

(2) pledge the net revenues of the sewage works, after the payment of the reasonable expense of operation, repair, and maintenance of the works, to the payment of the expenses described in subdivision (1).

The ordinance may also provide for the accumulation of reasonable reserves in the sinking fund as a protection against default, and for the payment of premiums on bonds retired by call or purchase under this chapter.

[Pre-Local Government Recodification Citation: 19-2-5-16.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-7-9-21 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-21
Court order authorizing performance of work; judgment for costs
Status: in_force

Sec. 21. (a) A court acting under section 17 of this chapter may authorize the department, acting through its enforcement authority, to cause the action required by the order to be performed by a contractor licensed and qualified under law, if it is shown that:

(1) an order was issued to each person having a substantial property interest in the unsafe premises;

(2) each of the orders has been affirmed or modified at a hearing in such a manner that all persons having substantial property interest in the unsafe premises that are the subject of the orders are currently subject to an order requiring substantially identical action;

(3) the order, as affirmed or modified at the hearing, has not been complied with;

(4) the building that is the subject of the order is an unsafe building; and

(5) the order is not being reviewed under section 8 of this chapter.

(b) If the enforcement authority requests permission to cause the action required by the order to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants.

(c) The cost of the work and the processing expenses incurred by the enforcement authority computed under section 12 of this chapter, may, after a hearing, be entered by the court as a judgment against persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.

[Pre-Local Government Recodification Citations: 18-5-5.5-14; 18-5-5.5-19 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.13.
Ind. Code § 36-12-10-9 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-9
Notice of lease signing; appeal to department of local government finance; limitation on actions to contest validity of lease
Status: in_force

Sec. 9. (a) If the execution of the lease as originally agreed upon, or as modified by agreement, is authorized by the library board, the library board shall give notice of the signing of the lease by publication one (1) time in a newspaper of general circulation printed in the English language in the district of the municipal corporation or in each municipal corporation district if the proposed lease is a joint lease. If a newspaper is not published in the district, the notice shall be published in any newspaper of general circulation published in the county.

(b) Fifty (50) or more taxpayers in the municipal corporation or corporations who will be affected by the proposed lease and who are of the opinion that the execution of the lease is not necessary or that the proposed rental is not a fair and reasonable rental may file a petition in the office of the county auditor of the county in which the municipal corporation or corporations are located. The petition must be filed not later than thirty (30) days after the publication of notice of the execution of the lease and must set forth objections and facts showing that the execution of the lease is unnecessary or unwise or that the lease rental is not fair and reasonable, as the case may be.

(c) Upon the filing of a petition, the county auditor shall immediately certify to the department of local government finance a copy of the petition, together with other data that may be necessary to present the questions involved. Upon receipt of the certified petition and information, the department of local government finance shall fix a time and place for a hearing of the matter not less than five (5) or more than thirty (30) days after the department's receipt of the petition and information. The hearing shall be held in the municipal corporation or corporations, in the county where the municipal corporation or corporations are located, or through electronic means.

(d) Notice of the hearing shall be given by the department of local government finance to the members of the library board and to the first ten (10) taxpayer petitioners on the petition by a letter signed by the department of local government finance. The postage of the notice shall be prepaid, and the notice shall be addressed to the persons at their usual place of residence and mailed at least five (5) days before the date of the hearing. The decision of the department of local government finance on the appeal regarding the necessity for the execution of the lease and whether the rental is fair and reasonable is final. A lease may be amended by the parties by following the procedure under this chapter.

(e) An action to contest the validity of the lease or an amendment to the lease or to enjoin the performance of any of the terms and conditions of the lease must be brought not later than thirty (30) days after publication of notice of the execution of the lease or an amendment to the lease by the library board of the municipal corporation or corporations. If an appeal has been taken to the department of local government finance, action must be brought not later than thirty (30) days after the decision of the department.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-9.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.54; P.L.38-2021, SEC.111.
Ind. Code § 36-7-7-7 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-7
Powers and duties
Status: in_force

Sec. 7. (a) The commission shall institute and maintain a comprehensive policy planning and programming and coordinative management process for the region. It shall coordinate its activities with all units in the region and shall coordinate the planning programs of all units and the state. Except when a commission exercises powers under subsection (j), the commission shall act in an advisory capacity only.

(b) The commission may provide technical assistance to any unit in the region that requests it. This technical assistance includes the provision of skills and knowledge for planning, developing, administering, improving, and securing:

(1) public and private grants-in-aid;

(2) cooperative arrangements between governments; and

(3) the performance of governmental powers and duties.

(c) The commission may divide its jurisdiction into subregions under section 10 of this chapter for purposes appropriate to the study, analysis, or coordination of specific problems or concerns. The commission may conduct all necessary studies for the accomplishment of its duties. It may publicize and advertise its purposes, objectives, and findings and may distribute reports on them. It may provide recommendations when requested to the participating units and to other public and private agencies in matters relative to its functions and objectives and may act when requested as a coordinating agency for programs and activities of such agencies as they relate to its objectives. The commission may not implement, enter into an agreement for, or propose a program that includes interstate wastewater management or disposal.

(d) The commission may adopt by resolution any regional comprehensive or functional plan, program, or policy as its official recommendation for the development of the region, subject to the power of a county to exempt itself under section 9 of this chapter. The commission shall make an annual report of its activities to the legislative bodies of the counties and municipalities in the region.

(e) The commission may receive grants from federal, state, or local governmental entities or from individuals or foundations, and may enter into agreements or contracts regarding the acceptance or use of those grants and appropriations for the purpose of carrying out any of the activities of the commission. A county or municipality may, from time to time upon the request of the commission, assign or detail to the commission any employees to make special surveys or studies requested by the commission.

(f) For the sole purpose of providing adequate public services, the commission may acquire by grant, gift, purchase, lease, devise, or otherwise and hold, use, improve, maintain, operate, own, manage, or lease (as lessor or lessee) such real or personal property as the commission considers necessary for that purpose. The commission may apply for, receive, and expend grants, loans, or any other form of financial assistance available under any federal grant program.

(g) The commission may enter into coordinative arrangements with any adjacent county or municipality in Indiana or an adjoining state, or with an overlapping multicounty or interstate planning or development agency, state agency, or federal agency, as are appropriate to the achievement of its objectives or to address a common issue. However, the commission may not delegate any of its powers or duties.

(h) The commission may appoint advisory committees to assist in the achievement of its objectives. Members of advisory committees are not entitled to compensation for their services but may be reimbursed for expenses incurred in the performance of their duties.

(i) The commission shall act as the designated review agency and as the clearinghouse as described in federal Office of Management and Budget Circular A-95.

(j) The commission may provide administrative, management, or technical services to a unit that requests the services. The unit and the commission may enter into a contract concerning the commission's provision of administrative, management, or technical services and the cost to the unit for the services.

[Pre-Local Government Recodification Citations: 18-7-1.1-3(h); 18-7-1.1-5 part; 18-7-1.2-1.]

As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.145-1992, SEC.1.
Ind. Code § 36-5-1.2-4 — Indiana Code / Title 36 / Article 5 / Chapter 1.2 / Section 36-5-1.2-4
Notice of petition filing and hearing
Status: in_force

Sec. 4. If a petition is filed under section 2 of this chapter, the town clerk-treasurer shall give notice under IC 5-3-1 of the following:

(1) The filing of the petition.

(2) The day, time, and place of a hearing on the petition.

As added by P.L.258-1993, SEC.1.
Ind. Code § 36-3-3-6 — Indiana Code / Title 36 / Article 3 / Chapter 3 / Section 36-3-3-6
Approval or veto of ordinances and resolutions
Status: in_force

Sec. 6. The executive shall approve or veto ordinances and resolutions of the legislative body under IC 36-3-4.

[Pre-Local Government Recodification Citation: 18-4-5-2 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-7-2.4-1 — Indiana Code / Title 36 / Article 7 / Chapter 2.4 / Section 36-7-2.4-1
Application
Status: in_force

Sec. 1. This chapter only applies to planning and zoning ordinances or regulations under IC 36-7-4.

As added by P.L.232-2025, SEC.32.
Ind. Code § 36-1-5-6 — Indiana Code / Title 36 / Article 1 / Chapter 5 / Section 36-1-5-6
Restated or reenacted provision of original ordinance
Status: in_force

Sec. 6. If the legislative body determines, and declares in a provision of a code, that the provision is a restatement or reenactment of an original ordinance or amendment thereof, then the legal conditions for the effectiveness of an original ordinance need not be met. Such a restated or reenacted provision shall be considered reordained by the adoption of the code.

[Pre-Local Government Recodification Citation: 18-5-12-5.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-2-12-3 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-3
Location of office; business hours; supplies and equipment
Status: in_force

Sec. 3. (a) The surveyor shall keep the surveyor's office in a building provided at the county seat by the county executive. The surveyor shall keep the surveyor's office open for business during regular business hours on every day of the year except Sundays and legal holidays. However, the surveyor may close the surveyor's office on days specified by the county executive according to the custom and practice of the county.

(b) The county executive shall provide the surveyor with all necessary supplies and equipment, including:

(1) ordinary office supplies, equipment, and accessories of the type furnished to other county offices; and

(2) surveying instruments and materials necessary for the discharge of the surveyor's duties.

Supplies and equipment furnished under this subsection are property of the county.

[Pre-Local Government Recodification Citations: 17-3-2-1 part; 17-3-62-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.85.
Ind. Code § 36-8-16.7-48 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-48
Budget committee's review of statewide 911 system; considerations; report of findings to legislative council; recommendation on continuation of fee after June 30, 2015; expiration of fee
Status: in_force

Sec. 48. (a) The budget committee shall review the statewide 911 system governed by this chapter for the two (2) calendar years ending:

(1) December 31, 2013; and

(2) December 31, 2014.

(b) In conducting the review required by this section, the budget committee may examine the following:

(1) Whether the fund is being administered by the board in accordance with this chapter.

(2) The collection, disbursement, and use of the statewide 911 fee assessed under section 32 of this chapter. In performing a review under this subdivision, the budget committee may examine whether the statewide 911 fee:

(A) is being assessed in an amount that is reasonably necessary to provide adequate and efficient 911 service; and

(B) is being used only for the purposes set forth in this chapter.

(3) Any other data, reports, or information the budget committee determines is necessary to review the statewide 911 system governed by this chapter.

(c) Subject to section 42 of this chapter, the board, the state board of accounts, political subdivisions, providers, and PSAPs shall provide to the budget committee all relevant data, reports, and information requested by the budget committee to assist the budget committee in carrying out its duties under this section.

(d) After conducting the review required by this section, the budget committee shall, not later than June 1, 2015, report its findings to the legislative council. The budget committee's findings under this subsection:

(1) must include a recommendation as to whether the statewide 911 fee assessed under section 32 of this chapter should continue to be assessed and collected under this chapter after June 30, 2015; and

(2) if the budget committee recommends under subdivision (1) that the statewide 911 fee assessed under section 32 of this chapter should continue to be assessed and collected under this chapter after June 30, 2015, may include recommendations for the introduction in the general assembly of any legislation that the budget committee determines is necessary to ensure that the statewide 911 system governed by this chapter is managed in a fair and fiscally prudent manner.

A report to the legislative council under this subsection must be in an electronic format under IC 5-14-6.

(e) If the budget committee does not recommend in its report under subsection (d) that the statewide 911 fee assessed under section 32 of this chapter should continue to be assessed and collected under this chapter after June 30, 2015, the statewide 911 fee assessed under section 32 of this chapter expires July 1, 2015, and may not be assessed or collected after June 30, 2015.

As added by P.L.132-2012, SEC.20. Amended by P.L.121-2016, SEC.33; P.L.114-2022, SEC.40.
Ind. Code § 36-8-28-4 — Indiana Code / Title 36 / Article 8 / Chapter 28 / Section 36-8-28-4
State fire marshal report to legislative council
Status: in_force

Sec. 4. (a) The state fire marshal shall subsequently report:

(1) the data reported by January 31 under section 3(1) of this chapter to the legislative council by the following March 1; and

(2) the data reported by July 31 under section 3(2) of this chapter to the legislative council by the following September 1.

(b) The reports under this section shall be in an electronic format under IC 5-14-6.

As added by P.L.230-2025, SEC.147.
Ind. Code § 36-8-14-2 — Indiana Code / Title 36 / Article 8 / Chapter 14 / Section 36-8-14-2
Purposes of fund; authorization
Status: in_force

Sec. 2. (a) As used in this section, "emergency medical services" has the meaning set forth in IC 16-18-2-110.

(b) As used in this section, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.

(c) The legislative body of a unit or the board of fire trustees of a fire protection district may provide a cumulative building and equipment fund under IC 6-1.1-41 for the following purposes:

(1) The:

(A) purchase, construction, renovation, or addition to buildings; or

(B) purchase of land;

used by the fire department or a volunteer fire department serving the unit.

(2) The purchase of firefighting equipment for use of the fire department or a volunteer fire department serving the unit, including making the required payments under a lease rental with option to purchase agreement made to acquire the equipment.

(3) In a municipality, the purchase of police radio equipment.

(4) The:

(A) purchase, construction, renovation, or addition to a building;

(B) purchase of land; or

(C) purchase of equipment;

for use of a provider of emergency medical services under IC 16-31-5 to the unit establishing the fund.

(d) In addition to the requirements of IC 6-1.1-41, before a cumulative fund may be established by a township fire protection district, the county legislative body which appoints the trustees of the fire protection district must approve the establishment of the fund.

[Pre-Local Government Recodification Citations: 18-6-7-1; 18-6-9-1.]

As added by Acts 1981, P.L.309, SEC.66. Amended by P.L.316-1989, SEC.2; P.L.2-1993, SEC.205; P.L.171-1994, SEC.1; P.L.17-1995, SEC.22; P.L.1-1999, SEC.102; P.L.140-2002, SEC.2.
Ind. Code § 36-7-11.3-45 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-45
Zoning variance; approval by commission
Status: in_force

Sec. 45. An administrative, a legislative, or other governmental body may not grant a zoning variance relating to the use of primary or secondary property without the prior approval of the commission upon the affirmative vote of at least six (6) members. The commission may approve the variance only if:

(1) the petition establishes by substantial evidence of probative value the correctness of the conclusions stated in section 47 of this chapter; and

(2) notices of the hearing have been given to all interested parties in the manner required by this chapter.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-1-30-2 — Indiana Code / Title 36 / Article 1 / Chapter 30 / Section 36-1-30-2
Local government employees; salary funded from donated money; reporting requirement
Status: in_force

Sec. 2. (a) On or before January 31, all local units of government shall annually submit to the state board of accounts a report of each individual local unit of government employee employed by the local unit of government whose salary is funded in whole or in part from donated money.

(b) The state board of accounts shall annually submit to the budget committee a report of the information submitted under subsection (a) that specifies and identifies each individual local unit of government employee whose salary is funded in whole or in part from donated money.

(c) The report submitted under subsection (b) shall be submitted in a manner consistent with IC 5-14-3.8-7 and made available to the public.

As added by P.L.87-2022, SEC.4.
Ind. Code § 36-7-13-6 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-6
Industrial development fund; payments and deposits
Status: in_force

Sec. 6. All costs for the acquisition and improvement of real property under this chapter shall be paid from the industrial development fund, and all proceeds from the sale of real property under this chapter shall be deposited in that fund.

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

As added by Acts 1981, P.L.309, SEC.32.
Ind. Code § 36-1-8-9 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-9
Riverboat fund establishment; administration and investment of funds
Status: in_force

Sec. 9. (a) Each unit that receives:

(1) tax revenue under IC 4-33-12-6 or IC 4-33-13;

(2) revenue under an agreement to share the tax revenue received under IC 4-33-12 or IC 4-33-13 by another unit; or

(3) revenue under a development agreement (as defined in section 9.5 of this chapter);

may establish a riverboat fund. Money in the fund may be used for any legal or corporate purpose of the unit.

(b) The riverboat fund established under subsection (a) shall be administered by the unit's treasurer, and the expenses of administering the fund shall be paid from money in the fund. Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a particular fiscal year does not revert to the unit's general fund.

As added by P.L.90-1997, SEC.7. Amended by P.L.199-2005, SEC.28.
Ind. Code § 36-7-35-6 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-6
"Property maintenance area" defined
Status: in_force

Sec. 6. As used in this chapter, "property maintenance area" means an area established by a municipality under section 9 of this chapter.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-9-13-32 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-32
Trust indentures securing bonds or loans
Status: in_force

Sec. 32. (a) The board of directors of a building authority may secure bonds issued under section 30 of this chapter or loans made under section 31 of this chapter by a trust indenture between the 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) mortgage or grant a security interest in all or part of the land, systems, or government buildings for which the bonds are issued or loan is made;

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

(A) the construction, operation, extension, remodeling, repair, maintenance, and insurance of the government buildings or systems; and

(B) the custody, safeguarding, and application of all money received or to be received by the authority on account of the government buildings or systems financed by the bonds or loan;

(3) set forth the rights and remedies of the bondholders or lenders and trustee; and

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

(c) Except as otherwise provided by this chapter, the board of directors may, by resolution or in the trust indenture, specify:

(1) the officer, board, or depository to which the proceeds of the bonds or loan shall be paid; and

(2) the method of disbursing those proceeds.

[Pre-Local Government Recodification Citation: 19-8-4-18.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.37-1988, SEC.38.
Ind. Code § 36-9-27-107 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-107
Judicial review; procedure
Status: in_force

Sec. 107. (a) Whenever a petition for judicial review is filed on the ground that:

(1) the board found that the petitioner's land would be benefited by the construction, reconstruction, or maintenance of a drain, and the benefits assessed were excessive; or

(2) the petitioner's lands would be damaged by the construction, reconstruction, or maintenance of a drain, and:

(A) the board failed to so find; or

(B) the amount of damages awarded was inadequate;

the court shall proceed to hear the issue of benefits or damages de novo. A change of venue may be taken from the judge and from the county, and a jury trial may be obtained, in accordance with the rules governing the trial of civil actions. An appeal may be taken in accordance with the rules governing appellate procedure.

(b) Whenever a petition for judicial review is filed on any ground other than those set forth in subsection (a), the review shall be heard by the court without the intervention of a jury. The court may not try or determine the cause de novo, but shall consider and determine the cause exclusively upon the record made before the board and filed with the court. A change of venue may be taken from the judge under the rules governing a change of venue in civil actions, but a change of venue may not be taken from the county. The proceedings shall be advanced upon the docket of the court. If the court finds from the record before it that:

(1) the person filing the petition for review has complied with all procedures required under this chapter to properly present the matters set forth in the petition for review, and has exhausted the person's administrative remedies; and

(2) the decision or determination of the board is arbitrary, capricious, unlawful, or not supported by substantial evidence;

the court shall order the decision or determination of the board set aside and shall remand the matter to the board for further proceedings consistent with the findings and order of the court. If the court finds otherwise, the decision of the board shall be affirmed.

(c) In affirming or setting aside a decision or determination of the board, the court shall enter its findings and order or judgment on the record.

(d) When a petition for judicial review presents issues that shall be heard de novo and issues that may not be heard de novo, the court shall separate the issues and shall proceed to determine the issues that may not be heard de novo. When the court's judgment on the issues that may not be heard de novo becomes final, or when the appeal is decided if an appeal is taken, the board shall proceed in accordance with the final judgment or appellate decision despite the fact that the issues to be heard de novo may be undecided and pending before the court or on appeal.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.365.
Ind. Code § 36-7-4-920 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-920
Board of zoning appeals, hearing on administrative appeals, exceptions, uses, and variances; notice; appearance
Status: in_force

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

Sec. 920. (a) The board of zoning appeals shall fix a reasonable time for the hearing of administrative appeals, exceptions, uses, and variances.

(b) Public notice in accordance with IC 5-3-1-2 and IC 5-3-1-4 and due notice to interested parties shall be given at least ten (10) days before the date set for the hearing.

(c) The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney.

(d) The board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.

(e) The staff (as defined in the zoning ordinance), if any, may appear before the board at the hearing and present evidence in support of or in opposition to the granting of a variance or the determination of any other matter.

(f) Other persons may appear and present relevant evidence.

(g) A person may not communicate with any member of the board before the hearing with intent to influence the member's action on a matter pending before the board. Not less than five (5) days before the hearing, however, the staff (as defined in the zoning ordinance), if any, may file with the board a written statement setting forth any facts or opinions relating to the matter.

(h) The board may require any party adverse to any pending petition to enter a written appearance specifying the party's name and address. If the written appearance is entered more than four (4) days before the hearing, the board may also require the petitioner to furnish each adverse party with a copy of the petition and a plot plan of the property involved.

[Pre-Local Government Recodification Citations: 18-7-2-71 part; 18-7-2-72; 18-7-2-73; 18-7-4-920; 18-7-4-80; 18-7-5-84.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.50; Acts 1982, P.L.212, SEC.6; P.L.357-1983, SEC.17.
Ind. Code § 36-5-2-12 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-12
Loans and notes; procedures; actions to contest validity
Status: in_force

Sec. 12. (a) The legislative body may, by ordinance, make loans and issue notes for the purpose of refunding those loans in anticipation of revenues of the town that are anticipated to be levied and collected during the term of the loans. The term of a loan made under this subsection may not be more than five (5) years. Loans under this section shall be made in the same manner as loans made under section 11(b) and 11(c) of this chapter, except that:

(1) the ordinance authorizing the loans must appropriate and pledge to the payment of the loans a sufficient amount of the revenues in anticipation of which the loans are issued and out of which the loans are payable; and

(2) the loans must be evidenced by time warrants of the town in terms designating the nature of the consideration, the time and place payable, and the revenues in anticipation of which the loans are issued and out of which the loans are payable.

(b) An action to contest the validity of a loan made under this section must be brought within fifteen (15) days from the day on which the ordinance is adopted.

As added by P.L.35-1990, SEC.45. Amended by P.L.40-1996, SEC.11.
Ind. Code § 36-8-7-2.7 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-2.7
"Americans with Disabilities Act"
Status: in_force

Sec. 2.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.

As added by P.L.4-1992, SEC.36.
Ind. Code § 36-8-16.7-28 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-28
Executive director; duties; salary
Status: in_force

Sec. 28. (a) The board shall appoint an executive director of the board to do the following:

(1) Administer, manage, and direct employees of the board.

(2) Approve salaries and allowable expenses for board members, employees, and consultants.

(3) Attend board meetings and record all proceedings of the board. However, the executive director is not considered a member of the board for any purpose, including voting or establishing a quorum.

(4) Maintain books, documents, and papers filed with the board, including minutes.

(5) Perform other duties as directed by the board.

(b) The board shall determine the salary and other compensation of the executive director.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-2-6-14 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-14
Money received for taxes; record; certification of gross amount received
Status: in_force

Sec. 14. The county treasurer shall keep a record of all money the county treasurer receives for taxes imposed by the county fiscal body, and, on the first day of each month, shall certify the gross amount of taxes received during the preceding month to the county auditor. The part of that amount that belongs to the county may be used by the county to pay any item of appropriation for that year.

[Pre-Local Government Recodification Citation: 17-1-24-29 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.33.
Ind. Code § 36-9-27-9 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-9
Employment of attorney
Status: in_force

Sec. 9. The board may employ and fix the compensation of an attorney to represent and advise the board.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.137-1989, SEC.17.
Ind. Code § 36-7-22-10 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-10
Ordinance; exemption from special assessments
Status: in_force

Sec. 10. An ordinance adopted under section 7 of this chapter may provide that businesses established within the district after the creation of the district are exempt from special assessments for a period not to exceed one (1) year.

As added by P.L.195-1988, SEC.1.
Ind. Code § 36-8-22-11 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-11
Prohibited employer practices
Status: in_force

Sec. 11. An employer may not do the following:

(1) Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed under this chapter.

(2) Dominate, interfere with, or assist in the formation or administration of an employee organization, or contribute financial or other support to an employee organization. However, an employer may permit employees to meet and confer and represent employee interests during working hours without loss of time or pay.

(3) Discriminate in regard to hiring or conditions of employment to encourage or discourage membership in an employee organization.

(4) Discharge or otherwise discriminate against an employee because the employee has filed a complaint, an affidavit, or a petition or has given information or testified under this chapter.

(5) Refuse to meet and confer in good faith with an exclusive recognized representative.

As added by P.L.48-2007, SEC.1.
Ind. Code § 36-8-4.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 4.5 / Section 36-8-4.5-4
Member residency
Status: in_force

Sec. 4. A member of a town police or fire department is not subject to residency requirements but must:

(1) have adequate means of transportation into the jurisdiction served by the member's department; and

(2) maintain telephone service to communicate with the department.

As added by P.L.65-2008, SEC.2. Amended by P.L.171-2019, SEC.13; P.L.122-2023, SEC.25.
Ind. Code § 36-2-4-4 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-4
Majority vote; two-thirds vote
Status: in_force

Sec. 4. (a) A requirement that an ordinance, resolution, or other action be passed by a majority vote means at least a majority vote of all the elected members.

(b) A requirement that an ordinance, resolution, or other action be passed by a two-thirds (2/3) vote means at least a two-thirds (2/3) vote of all the elected members.

[Pre-Local Government Recodification Citations: 17-1-24-10 part; 17-1-28-10 part; 17-2-2.5-8 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-18-24 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-24
Establishment of rental rates
Status: in_force

Sec. 24. (a) A housing authority shall manage and operate its housing projects in an efficient manner so that it may fix the rentals for dwelling accommodations at the lowest possible rates while providing decent, safe, and sanitary dwelling accommodations. The authority may not construct or operate a project for profit or as a source of revenue to the municipality or county.

(b) A housing authority may not fix the rentals for dwellings in its projects at higher rates than it finds necessary to produce revenues that, together with all other available money, revenues, income, and receipts of the authority, will be sufficient:

(1) to pay, as they become due, the principal and interest on the bonds, notes, or warrants of the authority;

(2) to meet the cost of, and to provide for, maintaining and operating the projects, including the cost of insurance and the administrative expenses of the authority;

(3) to create, during a period of not less than six (6) years immediately after its issuance of any bonds, notes, or warrants, a reserve sufficient to meet the largest principal and interest payments due on them in any one (1) year after that, and to maintain that reserve; and

(4) to accumulate reasonable reserves to cover the making of necessary repairs.

(c) This section does not limit the power of an authority to vest rights in an obligee under section 33 of this chapter free from all the restrictions imposed by this section.

[Pre-Local Government Recodification Citations: 18-7-11-9 part; 18-7-11-10 part.]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-7.6-1-1 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-1
Application of definitions
Status: in_force

Sec. 1. Except as otherwise provided, the definitions in this chapter apply throughout this article.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-8-16.6-3.5 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-3.5
"Eligible telecommunications carrier"
Status: in_force

Sec. 3.5. As used in this chapter, "eligible telecommunications carrier" refers to a provider that is designated by the Indiana utility regulatory commission as an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission.

As added by P.L.36-2016, SEC.1.
Ind. Code § 36-7-14.5-6 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-6
"Local public improvement" defined
Status: in_force

Sec. 6. As used in this chapter, "local public improvement" means any of the following:

(1) A redevelopment project.

(2) A purpose of a commission under IC 36-7-14 or IC 36-7-30.

(3) A purpose of an authority under this chapter.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.2-1989, SEC.30; P.L.26-1993, SEC.2; P.L.26-1995, SEC.4.
Ind. Code § 36-6-10-1 — Indiana Code / Title 36 / Article 6 / Chapter 10 / Section 36-6-10-1
"Unrestricted funds"
Status: in_force

Sec. 1. As used in this chapter, "unrestricted funds" has the meaning set forth in IC 36-6-9-4.5.

As added by P.L.173-2025, SEC.39.
Ind. Code § 36-7.7-2-4 — Indiana Code / Title 36 / Article 7.7 / Chapter 2 / Section 36-7.7-2-4
"Comprehensive development plan"
Status: in_force

Sec. 4. "Comprehensive development plan" refers to a comprehensive strategic economic development plan prepared under IC 36-7.7-3-4.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-7-11.5-3 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-3
Repealed
Status: repealed

As added by P.L.92-2003, SEC.62. Repealed by P.L.234-2007, SEC.290.
Ind. Code § 36-10-16-28 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-28
Commission fund
Status: in_force

Sec. 28. (a) The board shall establish and administer the commission fund.

(b) The commission fund consists of the following:

(1) Amounts transferred to the fund by an eligible county or eligible unit, including any payments required under an interlocal agreement or other similar agreement between the eligible county or eligible unit, or by another eligible participant. The transfers allowed by this subdivision from an eligible county or eligible unit may be made from any local revenue of an eligible county or eligible unit, as applicable, including any department or instrumentality thereof, which local revenue may include property tax revenue, tax increment financing revenues, distributions, incentive payments, money deposited in the eligible county's or eligible unit's local major moves construction fund under IC 8-14-16, money received by an eligible participant under a development or interlocal agreement, or any other local revenue that is not otherwise restricted by law or committed for the payment of other obligations.

(2) Appropriations, grants, or other distributions made to the fund by the state.

(3) Money received from the federal government.

(4) Gifts, contributions, donations, and private grants made to the fund.

(c) All revenue of the commission may be deposited in the general account at the discretion of the board, and such deposits may be used for any purpose authorized by this chapter.

(d) The commission fund shall be administered by the board that established the commission fund.

(e) Money in the commission fund shall be used by the commission to carry out this chapter and does not revert to any other fund.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7-32-16 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-16
Appeals; remonstrance
Status: in_force

Sec. 16. (a) A person who files a written remonstrance with the redevelopment commission under section 15 of this chapter and who is aggrieved by the final action taken may, within ten (10) days after that final action, file with the office of the clerk of the circuit or superior court of the county a copy of the redevelopment commission's resolution and the person's remonstrance against the resolution, together with the person's bond as provided by IC 34-13-5-7.

(b) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined within thirty (30) days after the time of filing of the appeal. The court shall decide the appeal based on the record and evidence before the redevelopment commission, not by trial de novo, and may confirm the final action of the redevelopment commission or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.

As added by P.L.192-2002(ss), SEC.187.
Ind. Code § 36-7-15.2-2 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-2
Stagnant or deteriorating economic conditions
Status: in_force

Sec. 2. (a) Present economic conditions in certain areas of certain units are stagnant or deteriorating.

(b) Present economic conditions in such areas are beyond remedy and control by regulatory processes because of the substantial public financial commitments necessary to encourage significant increases in economic activities in such areas.

(c) Encouragement of economic development in these areas will:

(1) attract new businesses and encourage existing businesses to remain or expand;

(2) increase temporary and permanent employment opportunities and private sector investment;

(3) protect and increase state and local tax bases; and

(4) encourage overall economic growth in Indiana.

(d) Redevelopment and stimulation of economic development benefit the health and welfare of the people of Indiana, are public uses and purposes for which public money may be spent, and are of public utility and benefit.

(e) Economic development in such areas can be accomplished only by a coordinated effort of local and state governments.

(f) Redevelopment and economic development under this chapter or IC 36-7-15.1 constitute a local public improvement that provides special benefits to residents and taxpayers of the special taxing district established under IC 36-7-15.1.

(g) This chapter shall be liberally construed to carry out its purposes and to provide units with maximum flexibility to accomplish those purposes.

As added by P.L.84-1987, SEC.13.
Ind. Code § 36-8-10.5-2 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-2
"Education board" defined
Status: in_force

Sec. 2. As used in this chapter, "education board" refers to the board of firefighting personnel standards and education.

As added by P.L.49-1987, SEC.2.
Ind. Code § 36-7-14-45 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-45
Establishment of program for housing; notices; conditions
Status: in_force

Sec. 45. (a) The commission may establish a program for housing by resolution. The program, which may include any relevant elements the commission considers appropriate, may be adopted as part of a redevelopment plan or amendment to a redevelopment plan, and must establish an allocation area for purposes of sections 39 and 48 of this chapter for the accomplishment of the program. The program must be approved by the municipal legislative body or county executive as specified in section 17 of this chapter.

(b) The notice and hearing provisions of sections 17 and 17.5 of this chapter, including notice under section 17(c) of this chapter to a taxing unit that is wholly or partly located within an allocation area, apply to the resolution adopted under subsection (a). Judicial review of the resolution may be made under section 18 of this chapter.

(c) Before formal submission of any housing program to the commission, the department of redevelopment:

(1) shall consult with persons interested in or affected by the proposed program;

(2) shall provide the affected neighborhood associations, residents, and township assessors with an adequate opportunity to participate in an advisory role in planning, implementing, and evaluating the proposed program; and

(3) shall hold public meetings in the affected neighborhood to obtain the views of neighborhood associations and residents.

As added by P.L.154-2006, SEC.73.
Ind. Code § 36-2-2.9-4 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-4
Requirements for execution of certain contracts of county officers
Status: in_force

Sec. 4. (a) If a county officer has a proposed contract:

(1) that the county officer believes is necessary for the county officer to carry out a constitutional or statutory duty of office; and

(2) for which funds have been appropriated by the county fiscal body to pay for the contract;

the county officer must have the county executive execute the contract or submit the contract for review under this chapter.

(b) The county executive may void a contract that a county officer executes without first complying with this chapter.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-8-3.5-13 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-13
Promotions; rules; requisites; eligibility list
Status: in_force

Sec. 13. (a) Rules governing promotions must provide that the following factors be considered in rating a member of the department for a promotion:

(1) The score received by the member on a written competitive examination.

(2) The score received by the member on an oral competitive interview.

(3) The performance record of the member in the department.

(4) The member's length of service.

The commission shall determine the weight to be given to each of the factors. However, neither a member's length of service nor the score received on the oral interview may comprise more than twenty percent (20%) each of the rating.

(b) Promotions to a rank must be from the next lower rank. In addition, the member being promoted must have served at the lower rank for a period determined by the commission.

(c) Only members who are qualified in rank and length of service may be given the competitive examinations and placed on an eligibility list. The eligibility list for a position consists of members who have been placed on the list in order of their cumulative score on all rating factors. The eligibility list shall be maintained for two (2) years from the date of certification, after which time the list shall be retired and a new list established. The retired list shall be kept for five (5) years and then destroyed.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1.
Ind. Code § 36-7-18-1.5 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-1.5
Powers of agency performing public housing function
Status: in_force

Sec. 1.5. If a consolidated city adopts an ordinance under section 1 of this chapter, the legislative body or the department, division, or agency performing the public housing function:

(1) has all powers granted to it by the consolidated city under this section and IC 36-1;

(2) has all powers granted to a housing authority by and is subject to sections 2, 3, 10(b), 10(c), 10(d), 15, 16(a), 17, 18, 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, and 42 of this chapter and may exercise all those powers as commissioners of a housing authority exercise those powers under those sections; and

(3) designate officials or employees to exercise all its powers and execute all necessary documents, instruments, or obligations. However, notes or bonds issued by the consolidated city under this chapter shall be executed and attested as other notes or bonds of the consolidated city are executed and attested.

As added by P.L.344-1987, SEC.3.
Ind. Code § 36-9-15.5-8 — Indiana Code / Title 36 / Article 9 / Chapter 15.5 / Section 36-9-15.5-8
Cumulative capital development fund; transfer between funds; expenditures
Status: in_force

Sec. 8. (a) The tax money collected under this chapter shall be held in a special fund to be known as the cumulative capital development fund.

(b) In a consolidated city, money may be transferred from the fund to the fund of a department of the consolidated city responsible for carrying out a purpose for which the cumulative capital development fund was created. The department may not expend any money so transferred until an appropriation is made and the department may not expend any money so transferred for operating costs of the department.

(c) Money held in the cumulative capital development fund may be spent for purposes other than the purposes stated in section 2 of this chapter, if the purpose is to protect the public health, welfare, or safety in an emergency situation that demands immediate action or to make a contribution to an authority established under IC 36-7-23. Money may be spent under the authority of this subsection only after the executive of the municipality:

(1) issues a declaration that the public health, welfare, or safety is in immediate danger that requires the expenditure of money in the fund; or

(2) certifies in the minutes of the municipal legislative body that the contribution is made to the authority for capital development purposes.

As added by P.L.44-1984, SEC.17. Amended by P.L.82-1985, SEC.6; P.L.346-1989(ss), SEC.9; P.L.17-1995, SEC.34.
Ind. Code § 36-7-30.2-16 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-16
Owner; duty to disclose
Status: in_force

Sec. 16. An owner of real property must disclose in a real estate disclosure form that the property is located within a state area of interest as provided in IC 32-21-5-7.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-14-23 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-23
Unit officers; duties regarding department funds
Status: in_force

Sec. 23. Each officer of the unit who has duties in respect to the funds and accounts of the unit shall perform the same duties with respect to the funds and accounts of the department of redevelopment, except as otherwise provided in this chapter. An officer performing these duties is not entitled to any compensation in addition to that paid the officer by the unit.

[Pre-Local Government Recodification Citations: 18-7-7-21; 18-7-7.1-21.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.127-2017, SEC.205.
Ind. Code § 36-7-17.1-9 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-9
Conveyances; effect of purchaser's failure to fulfill agreement
Status: in_force

Sec. 9. Before the vesting of a fee simple title in the purchaser under section 10 of this chapter, any material failure by the purchaser to carry out the agreement entered into under section 7 of this chapter nullifies the agreement and all right, title, and interest in the property immediately reverts to the agency, except that the agency may grant the purchaser a specified period, not to exceed two (2) years, to come into compliance with the terms of the agreement.

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-9-27-27 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-27
Dissolution of certain drainage maintenance and repair districts; procedure
Status: in_force

Sec. 27. (a) A written statement alleging that a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8 is not active and is not properly maintaining the drains under its control may be filed with the board by:

(1) the owners of fifty-one percent (51%) in area of the land located in the district; or

(2) fifty-one percent (51%) of the owners of land located in the district.

When the statement is filed, the board may file with the court that established the district a complaint that sets forth the allegations in the statement and requests the court to dissolve the district.

(b) The drainage maintenance and repair district shall be named defendant in the action, and a summons shall be served:

(1) on any commissioner of the district; or

(2) on the district by publication if a commissioner cannot be found.

The issues shall be considered closed by a general denial, without the filing on any specific pleadings.

(c) The court shall hear the action without a jury. A change of venue from the county may not be granted.

(d) If the court finds that the allegations in the complaint are true, it shall dissolve the district. All the drains formerly under the jurisdiction of the district become regulated drains subject to this chapter when the district is dissolved.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.90.
Ind. Code § 36-9-22-4 — Indiana Code / Title 36 / Article 9 / Chapter 22 / Section 36-9-22-4
Taps into sewage works; prerequisites; amounts received under contracts; pay out without appropriation; unauthorized taps; removal and disposal without liability
Status: in_force

Sec. 4. (a) A person may not be granted a permit or be authorized to tap into, use, or deposit sewage into any sewage works contracted for under this chapter, or any extension of them, during the period prescribed in the contract without first:

(1) obtaining the approval of the municipal works board; and

(2) paying to the municipality:

(A) charges made or assessed for the tap, use, or deposit, or for the sewers constructed in connection with the tap, use, or deposit; and

(B) the amount required by the contract.

All amounts received by the municipality under the contract shall be paid out, without appropriation, under the terms of the contract within sixty (60) days after they are received.

(b) Whenever any tap or connection is made in violation of subsection (a), the works board shall:

(1) remove or cause to be removed the unauthorized tap or connection and all connecting tile located in the right-of-way for the sewage works; and

(2) dispose of the unauthorized materials that are removed, without any liability on the part of the municipality.

[Pre-Local Government Recodification Citation: 19-2-7-18.]

As added by Acts 1981, P.L.309, SEC.95.
Ind. Code § 36-8-1-3 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-3
"1937 fund"
Status: in_force

Sec. 3. "1937 fund" refers to a firefighters' pension fund established under IC 36-8-7.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.42.
Ind. Code § 36-2-3.5-5 — Indiana Code / Title 36 / Article 2 / Chapter 3.5 / Section 36-2-3.5-5
Legislative powers and duties
Status: in_force

Sec. 5. (a) All powers and duties of the county that are legislative in nature shall be exercised or performed by its legislative body.

(b) The legislative body may:

(1) establish the committees that are necessary to carry out its functions;

(2) employ legal and administrative personnel necessary to carry out its functions;

(3) pass all ordinances, orders, resolutions, and motions for the government of the county, in the manner prescribed by IC 36-2-4;

(4) receive gifts, bequests, and grants from public or private sources;

(5) conduct investigations into the conduct of county business for the purpose of correcting deficiencies and insuring adherence to law and county policies and regulations; and

(6) establish, by ordinance, new county departments, divisions, or agencies whenever necessary to promote efficient county government.

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

As added by Acts 1981, P.L.11, SEC.147.
Ind. Code § 36-7-4-1506 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1506
Text amendment
Status: in_force

Sec. 1506. Before a PUD district ordinance may be adopted, a text amendment to the zoning ordinance must be adopted. The text amendment must do all of the following:

(1) Specify any limitation on planned unit development in the jurisdiction.

(2) Specify standards, requirements, and procedures that:

(A) are consistent with this series; and

(B) govern the establishment and administration of planned unit development districts;

including any appropriate regulation of reviews and the consideration of approvals and modifications to planned unit development districts under section 1511 of this chapter.

As added by P.L.320-1995, SEC.36.
Ind. Code § 36-7-11.2-52 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-52
Conditions to be met before petition approval
Status: in_force

Sec. 52. (a) The development commission may not:

(1) approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to Meridian Street or bordering property; or

(2) adopt or amend an ordinance to the extent the ordinance pertains or applies to Meridian Street or bordering property;

until the conditions required by section 51 of this chapter have been met.

(b) The following must occur before the development commission may take action under subsection (a):

(1) Notice of the filing of the petition before the development commission has been given by the petitioner to all interested parties not later than ten (10) days after the filing.

(2) The matter has been referred to the commission, which has:

(A) considered the matter applying the standards stated in section 53 of this chapter and made a recommendation to the development commission; or

(B) failed to make a recommendation for one hundred twenty (120) days following the referral of the matter to the commission for the commission's recommendations, unless the time has been extended by the development commission for good cause shown.

(3) A duly advertised public hearing on the matter has been held by the development commission.

(4) The conclusions stated in section 53 of this chapter have been established by substantial evidence of probative value.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-9-12-8 — Indiana Code / Title 36 / Article 9 / Chapter 12 / Section 36-9-12-8
Contracts; procedure for awarding
Status: in_force

Sec. 8. Contracts for public improvements under this chapter must be awarded in the manner prescribed by IC 36-1-12.

[Pre-Local Government Recodification Citation: 18-6-13-2 part.]

As added by Acts 1981, P.L.309, SEC.85. Amended by Acts 1982, P.L.33, SEC.46.
Ind. Code § 36-4-6-3 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-3
Second class cities; division into districts; boundaries; legislative body candidates; recertification of districts; filing with circuit court clerk; time for filing
Status: in_force

Sec. 3. (a) This section applies only to second class cities.

(b) The legislative body shall adopt an ordinance to divide the city into six (6) 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) 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 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 (j), the division under subsection (b) shall be made only at times permitted under IC 3-5-10.

(h) The legislative body is composed of six (6) members elected from the districts established under subsection (b) and three (3) at-large members.

(i) Each voter of the city may vote for three (3) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The three (3) 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.

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

(k) A copy of the ordinance establishing districts or a recertification adopted 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

(2) recertified under subsection (j).

(l) 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.

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

[Pre-Local Government Recodification Citations: 18-2-1-8 part; 18-2-9-1.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.6; P.L.13-1988, SEC.16; P.L.5-1989, SEC.101; P.L.7-1990, SEC.58; P.L.3-1993, SEC.265; P.L.230-2005, SEC.85; P.L.271-2013, SEC.49; P.L.169-2022, SEC.15.
Ind. Code § 36-8-16.6-15 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-15
Seller's or eligible telecommunications carrier's allowance for collection
Status: in_force

Sec. 15. A seller or an eligible telecommunications carrier may deduct and retain one percent (1%) of charges that the seller or eligible telecommunications carrier collects from consumers under section 11 or 12 of this chapter, to reimburse the direct costs incurred by the seller or eligible telecommunications carrier in collecting and remitting the charges.

As added by P.L.113-2010, SEC.151. Amended by P.L.36-2016, SEC.5.
Ind. Code § 36-7-4-1319 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1319
Amendment to ordinance or zone improvement plan
Status: in_force

Sec. 1319. (a) A unit shall amend a zone improvement plan to make adjustments in the nature, location, and cost of infrastructure and the timing or sequencing of infrastructure installations to respond to the nature and location of development occurring in the impact zone. Appropriate planning and analysis shall be carried out before an amendment is made to a zone improvement plan.

(b) A unit may not amend an impact fee ordinance if the amendment makes a significant change in an impact fee schedule or formula or if the amendment designates an impact zone or alters the boundary of a zone, unless a new or substantially updated zone improvement plan has been approved within the immediately preceding one (1) year period.

As added by P.L.221-1991, SEC.20.
Ind. Code § 36-8-16.8-6 — Indiana Code / Title 36 / Article 8 / Chapter 16.8 / Section 36-8-16.8-6
PSAP basic training program
Status: in_force

Sec. 6. (a) A unit operating a PSAP shall establish a public safety telecommunicator basic training program for that PSAP by December 31, 2023. The minimum basic training program requirements must include the following:

(1) A basic forty (40) hour telecommunicator course.

(2) National Incident Management Systems courses including:

(A) IS-100, introduction to the incident command system.

(B) IS-200, basic incident command system for initial response.

(C) IS-700, introduction to the national incident management system.

(3) A National Crime Information Center (NCIC) and an Indiana Data and Communications System (IDACS) course.

(4) A telecommunicator cardiopulmonary resuscitation (T-CPR) course, if the training under subsection (b) is not provided.

(b) In addition to the requirements of subsection (a), the public safety telecommunicator training program shall include emergency medical, police, and fire dispatch protocol training for public safety telecommunicators who perform those functions.

As added by P.L.13-2022, SEC.2.
Ind. Code § 36-7-8-9 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-9
Appeals
Status: in_force

Sec. 9. A person aggrieved by a decision of the county department of buildings or other regulating agency under this chapter may appeal as in other civil actions. The appellant must, by registered mail, give the county executive a fifteen (15) day written notice of the appellant's intention to appeal. The notice must concisely state the appellant's grievance.

[Pre-Local Government Recodification Citation: 17-2-72.5-5.]

As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.127-2017, SEC.183.
Ind. Code § 36-1-20.2-8 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-8
"Relative"
Status: in_force

Sec. 8. (a) As used in this chapter, "relative" means any of the following:

(1) A spouse.

(2) A parent or stepparent.

(3) A child or stepchild.

(4) A brother, sister, stepbrother, or stepsister.

(5) A niece or nephew.

(6) An aunt or uncle.

(7) A daughter-in-law or son-in-law.

(b) For purposes of this section, an adopted child of an individual is treated as a natural child of the individual.

(c) For purposes of this section, the terms "brother" and "sister" include a brother or sister by the half blood.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-7-21-8 — Indiana Code / Title 36 / Article 7 / Chapter 21 / Section 36-7-21-8
Bonds or notes payable from special improvement assessments
Status: in_force

Sec. 8. Subject to the approval of the legislative body under IC 36-7-14 or IC 36-7-15.1, as applicable, the redevelopment commission may issue notes or bonds payable from the special improvement assessments. These assessments are not ad valorem property taxes, and any bonds issued and payable by the assessment revenues are not a general obligation of the unit that established the special improvement district.

As added by P.L.380-1987(ss), SEC.20.
Ind. Code § 36-9-17-4 — Indiana Code / Title 36 / Article 9 / Chapter 17 / Section 36-9-17-4
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-6-3-3; 18-6-16-1 part.]

As added by Acts 1981, P.L.309, SEC.90. Amended by Acts 1981, P.L.317, SEC.15. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-2-9-14 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-14
Drawing of warrants; necessity of appropriation; violation; offense
Status: in_force

Sec. 14. (a) This section does not apply to funds received from the state or the federal government for township assistance, unemployment relief, or old age pensions or other funds that are available under the federal Social Security Act or a federal statute providing for civil and public works projects.

(b) Except for monies that by statute are due and payable from a county treasury to the state or to a township or municipality of the county, money may be paid from a county treasury only upon a warrant drawn by the auditor.

(c) A warrant may be drawn on a county treasury only if the county fiscal body has made an appropriation for the money for the calendar year in which the warrant is drawn and that appropriation has not been exhausted.

(d) Notwithstanding subsection (c), appropriations by a county fiscal body are not necessary to authorize the drawing of a warrant on and payment from a county treasury for:

(1) money that belongs to the state and is required by statute to be paid into the state treasury;

(2) money that belongs to a school fund, whether principal or interest;

(3) money that belongs to a township or municipality of the county and is required by statute to be paid to the township or municipality;

(4) money that:

(A) is due a person;

(B) has been paid into the county treasury under an assessment on persons or property of the county in territory less than that of the whole county; and

(C) has been paid for construction, maintenance, or purchase of a public improvement;

(5) money that is due a person and has been paid into the county treasury to redeem property from a tax sale or other forced sale;

(6) money that is due a person and has been paid to the county under law as a tender or payment to the person;

(7) taxes erroneously paid;

(8) money paid to a cemetery board under IC 23-14-65-22;

(9) money distributed under IC 23-14-70-3; or

(10) payments under a statute that expressly provides for payments from the county treasury without appropriations by the county fiscal body.

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

[Pre-Local Government Recodification Citations: 17-1-24-21; 17-3-26-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.52-1997, SEC.57; P.L.73-2005, SEC.172.
Ind. Code § 36-7-4.2-11 — Indiana Code / Title 36 / Article 7 / Chapter 4.2 / Section 36-7-4.2-11
Zoning ordinances adopted before July 1, 2026
Status: in_force

Sec. 11. A zoning ordinance adopted before July 1, 2026, is void to the extent the ordinance conflicts with this chapter. However, this chapter does not apply to or affect any application for a permit under IC 36-7-4 submitted to a unit before July 1, 2026.

As added by P.L.117-2026, SEC.3.
Ind. Code § 36-8-24-6 — Indiana Code / Title 36 / Article 8 / Chapter 24 / Section 36-8-24-6
Immunity
Status: in_force

Sec. 6. (a) A test administrator's good faith attempt to conduct a vehicular carbon monoxide test consistent with the methodology described in section 4 of this chapter immunizes the test administrator from civil liability and all associated damages, including punitive damages, arising from or related to the results of a vehicular carbon monoxide test described in this chapter.

(b) If a test administrator is not liable for:

(1) an act;

(2) an action;

(3) a cause of action;

(4) a claim;

(5) damages, including punitive damages;

(6) a demand;

(7) an expense; or

(8) an omission;

arising from or related to a vehicular carbon monoxide test described in this chapter, a fire department or other person may not incur liability by reason of an agency relationship between the test administrator and the fire department or the other person.

As added by P.L.8-2018, SEC.2.
Ind. Code § 36-10-12-10 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-10
New resolution for financial assistance not required
Status: in_force

Sec. 10. After a children's museum qualifies to receive financial assistance from a town under this chapter, the board of trustees or the governing body of the children's museum is not required to adopt new resolutions each year. Each original resolution continues and remains in full force and effect until the original resolution is revoked or rescinded by another resolution that is certified and filed under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17-4.]

As added by P.L.1-2005, SEC.47. Amended by P.L.233-2015, SEC.346.
Ind. Code § 36-6-1-8 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-8
Disannexation; existing indebtedness; fixing of tax rate
Status: in_force

Sec. 8. When fixing the rate of taxation necessary to pay township indebtedness existing at the time of a disannexation, the township executive and the township legislative body shall fix the same rate for the disannexed territory as for territory remaining in the township. The township executive shall certify the tax rate for the disannexed territory to the county auditor, who shall place the tax rate on the tax duplicate for the disannexed territory, collect the tax, and pay it over to the township executive.

[Pre-Local Government Recodification Citation: 17-4-5-2.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-10-16-16 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-16
Body corporate and politic
Status: in_force

Sec. 16. The commission established under this chapter is a separate body corporate and politic that shall carry out the purposes of this chapter by acquiring, developing, funding, constructing, equipping, and owning economic improvement projects in or serving the district.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-1-14-3 — Indiana Code / Title 36 / Article 1 / Chapter 14 / Section 36-1-14-3
Investment of proceeds from certain capital assets; establishment of charitable nonprofit foundation; board of trustees; investment powers and limitations; nonvoting advisors
Status: in_force

Sec. 3. (a) This section applies to a county in which the total amount received by the county (either before July 1, 2015, or after June 30, 2015) or that will be received by the county from the sale of a capital asset exceeds fifty million dollars ($50,000,000).

(b) As used in this section, "foundation" means a charitable nonprofit foundation established under subsection (c).

(c) The county legislative body and the county fiscal body may, by adopting substantially similar ordinances, establish a charitable nonprofit foundation to hold some or all of the proceeds of the sale of the capital asset in trust for the benefit of the county. A county legislative body and a county fiscal body may adopt ordinances under this subsection before, after, or at the time of the sale of the capital asset. The members of the county legislative body and the members of the county fiscal body shall serve as the board of trustees of a foundation established under this section. A member's term on the board of trustees expires when the member's term on the county legislative body or the county fiscal body expires.

(d) The board of trustees of a foundation established under this section shall contract with investment managers, investment advisors, investment counsel, trust companies, banks, or other finance professionals to assist the board in its investment program. Money held by the foundation must be invested in accordance with the terms of an investment policy statement developed by the board of trustees with an investment advisor that:

(1) is approved by the board of trustees; and

(2) complies with the diversification, risk management, and other fiduciary requirements common to the management of charitable foundations, including that the funds of the foundation must be invested according to the prudent investor rule. However, the investment policy statement may not allow the foundation to invest in any investments in which the political subdivision that established the foundation is not permitted to invest under the Constitution of the State of Indiana.

The investment policy statement must include the limitation on the investment in equities specified in subsection (f) and may include a formal spending policy as authorized in subsection (g).

(e) Money held by the foundation:

(1) may be invested in any legal, marketable securities; and

(2) is not subject to any other investment limitations in the law, other than the limitations under this section and the limitations in the investment policy statement.

(f) The total amount of the funds invested by a foundation in equity securities under this section may not exceed fifty-five percent (55%) of the total value of the portfolio of funds invested by the foundation under this section. However:

(1) an investment that complies with this subsection when the investment is made remains legal even if a subsequent change in the value of the investment or a change in the value of the total portfolio of funds invested by the foundation causes the percentage of investments in equity securities to exceed the fifty-five percent (55%) limit on equity securities; and

(2) if the total amount of the funds invested by a foundation in equity securities exceeds the fifty-five percent (55%) limit on equity securities because of a change described in subdivision (1), the investments by the foundation must be rebalanced to comply with the fifty-five percent (55%) limit on equity investments not later than one hundred twenty (120) days after the equity investments first exceed that limit.

(g) The investment policy statement approved by the board of trustees under subsection (d) may include a formal spending policy for:

(1) a spending rate of up to five percent (5%) multiplied by a five (5) year moving average of quarterly market values with the distributable amount for each year determined on a specified date; or

(2) in the case of a foundation that was established less than ten (10) years ago, an interim spending rate of up to five percent (5%) multiplied by a moving average consisting of all available quarterly market values since the date the foundation was established;

to the extent consistent with Section 4942 of the Internal Revenue Code.

(h) The following apply if a foundation is established under this section:

(1) The county legislative body shall determine the amount of the proceeds from the sale of the capital asset that shall be transferred by the county fiscal officer to the foundation.

(2) The principal amount of the donation to the foundation consists of the following:

(A) The amount transferred to the foundation under subdivision (1).

(B) Any donations, gifts, or other money received from any private source.

(C) Any investment income that is:

(i) earned on the principal of the donation; and

(ii) added to the principal of the donation as provided in subdivision (3).

(3) To the extent that investment income earned on the principal amount of the donation during a calendar year exceeds five percent (5%) of the amount of the principal at the beginning of the calendar year, that excess investment income shall, for purposes of this section, be added to and be considered a part of the principal amount of the donation.

(4) An expenditure or transfer of any money that is part of the principal amount of the donation may be made only upon unanimous approval of the board of trustees.

(5) The foundation must be audited annually by an independent third party auditor.

(6) The board of trustees must meet at least quarterly to receive a quarterly compliance and performance update from the investment advisor. Three (3) nonvoting advisors who are officers of different county designated depositories shall attend the quarterly meetings in an advisory capacity to assist the board of trustees:

(A) in reviewing the compliance and performance report from the investment advisor; and

(B) in reviewing the annual audit required by subdivision (5).

The three (3) nonvoting advisors may not vote on any action of the board of trustees. The board of trustees shall by majority vote select the three (3) depositories from which the three (3) nonvoting advisors will be chosen. Each of the three (3) depositories selected under this subdivision shall select an officer of the depository to serve as one (1) of the three (3) nonvoting advisors. Each nonvoting advisor shall serve a term of three (3) years, and the nonvoting advisor shall continue to serve until a successor is selected. However, to provide for staggered terms, the board of trustees shall provide that the initial term of one (1) nonvoting advisor is one (1) year, the initial term of one (1) nonvoting advisor is two (2) years, and the initial term of one (1) nonvoting advisor is three (3) years. For purposes of avoiding a conflict of interest, a financial institution for which a nonvoting advisor is an officer (and any affiliate of such a financial institution) may not receive a commission or other compensation for investments made by the foundation under this section.

As added by P.L.139-2015, SEC.3. Amended by P.L.40-2021, SEC.1.
Ind. Code § 36-7-4-614 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-614
Repealed
Status: repealed

As added by P.L.335-1985, SEC.28. Amended by P.L.345-1987, SEC.2; P.L.320-1995, SEC.8. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-8-7-11 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-11
Members retiring due to disability or inability to perform essential functions of job; monthly benefit
Status: in_force

Sec. 11. (a) Benefits paid under this section are subject to section 2.5 of this chapter.

(b) If a member of the fire department becomes seventy (70) years of age or is found upon examination by a medical officer to have a physical or mental disability and to be unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, so as to make necessary the person's retirement from all service with the department, the local board shall retire the person.

(c) The local board may retire a person for disability only after a hearing conducted under IC 36-8-8-12.7.

(d) If after the hearing the local board determines that a person who became disabled before July 1, 2000, is disabled and unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, the local board shall then authorize the monthly payment to the person from the 1937 fund of an amount equal to fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension. All physical and mental examinations of members of the fire department shall be made on order of the local board by a medical officer designated by the local board.

(e) If, after the hearing under this section and a recommendation under section 12.5 of this chapter, the board of trustees of the Indiana public retirement system determines that a person who becomes disabled after June 30, 2000:

(1) has a disability that is:

(A) the direct result of:

(i) a personal injury that occurs while the fund member is on duty;

(ii) a personal injury that occurs while the fund member is responding to an emergency or reported emergency for which the fund member is trained; or

(iii) an occupational disease (as defined in IC 22-3-7-10), including a duty related disease that is also included within clause (B);

(B) a duty related disease (for purposes of this section, a "duty related disease" means a disease arising out of the fund member's employment. A disease is considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that:

(i) there is a connection between the conditions under which the fund member's duties are performed and the disease;

(ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties; and

(iii) the disease can be traced to the fund member's employment as the proximate cause); or

(C) a disability presumed incurred in the line of duty under IC 5-10-13 or IC 5-10-15; and

(2) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act;

the local board shall then authorize the monthly payment to the person from the 1937 fund of an amount equal to fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension. All physical and mental examinations of members of the fire department shall be made on order of the local board by a medical officer designated by the local board.

(f) If after the hearing under this section and a recommendation under section 12.5 of this chapter, the board of trustees of the Indiana public retirement system determines that a person who becomes disabled after June 30, 2000:

(1) has a disability that is not a disability described in subsection (e)(1); and

(2) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act;

the local board shall then authorize the monthly payment to the person from the 1937 fund of an amount equal to fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension. All physical and mental examinations of members of the fire department shall be made on order of the local board by a medical officer designated by the local board.

[Pre-Local Government Recodification Citation: 19-1-37-13.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.364-1983, SEC.3; P.L.199-1984, SEC.2; P.L.38-1986, SEC.4; P.L.55-1989, SEC.54; P.L.311-1989, SEC.3; P.L.4-1992, SEC.38; P.L.197-1993, SEC.3; P.L.40-1997, SEC.6; P.L.118-2000, SEC.10; P.L.246-2001, SEC.14; P.L.185-2002, SEC.7; P.L.62-2006, SEC.3; P.L.99-2007, SEC.216; P.L.6-2012, SEC.248.
Ind. Code § 36-4-8-15.5 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-15.5
City or county agreement for school construction or renovation
Status: in_force

Sec. 15.5. (a) This section applies to:

(1) a city or county in which a riverboat (as defined in IC 4-33-2-17) is docked or located or gambling games (as defined in IC 4-35-2-5) are located; and

(2) a school corporation that is located in any part in a county described in subdivision (1) or in a county in which a city described in subdivision (1) is located.

(b) A city or county may do any of the following:

(1) Enter into one (1) or more agreements or leases with the school corporation or another public or private entity to provide for the construction or renovation of a school building that will be used by the school corporation. The agreements and leases may provide for the financing of the construction or renovation of the school building.

(2) A school building constructed or renovated as provided in subdivision (1) may be donated, sold, or leased to the school corporation under the conditions determined by the school corporation and the city or county.

(3) The city or county may use any revenues (including any gaming revenues) to pay for the construction or renovation of the school building or to finance the construction or renovation of the school building.

As added by P.L.182-2009(ss), SEC.403.
Ind. Code § 36-1-4-20 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-20
Expenditures in support of military facilities
Status: in_force

Sec. 20. (a) This section does not apply to units located in a county for which the total amount of net property taxes allocated to all allocation areas or other tax increment financing areas established by a redevelopment commission, military base reuse authority, military base development authority, or another similar entity in the county in the preceding calendar year exceeded nineteen percent (19%) of the total net property taxes billed in the county in the preceding calendar year.

(b) As used in this section, "active military base" means an active military installation that is used for the deployment, redeployment, mobilization, concentration, movement, exercise, or training of active or reserve components of the armed forces of the United States or of active or reserve components of the Indiana National Guard or Indiana Air National Guard. The term also includes a military installation that is used for the design, construction, maintenance, and testing of electronic devices and ordnance.

(c) Upon appropriation by the fiscal body of a unit, the unit may expend money:

(1) in direct support of:

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

(B) an entity located within:

(i) the territory or facilities of a military base or former military base within the unit that is scheduled for closing or is completely or partially inactive or closed; or

(ii) any territory or facilities of the United States Department of Defense within the unit that are scheduled for closing or are completely or partially inactive or closed;

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

(2) in support of any other entity that provides services or direct support to an active military base or entity described in subdivision (1).

As added by P.L.95-2014, SEC.1.
Ind. Code § 36-2-11-21 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-21
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-3-50-1; 17-3-50-2; 17-3-50-3.]

As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.338-1987, SEC.2.
Ind. Code § 36-6-4.5-7 — Indiana Code / Title 36 / Article 6 / Chapter 4.5 / Section 36-6-4.5-7
County executive; certifying resolution
Status: in_force

Sec. 7. The county executive shall certify the resolution to:

(1) the county fiscal body;

(2) the township legislative body;

(3) the township executive; and

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

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

As added by P.L.24-2022, SEC.6.
Ind. Code § 36-7.5-4-2 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-2
Revenue transfers to fund; rail projects
Status: reserved

Sec. 2. (a) Except as provided in subsections (b) and (d), the fiscal officer of each city and county described in IC 36-7.5-2-3(b) shall each transfer three million five hundred thousand dollars ($3,500,000) each year to the development authority for deposit in the development authority revenue fund established under section 1 of this chapter. However, if Porter County ceases to be a member of the development authority and two (2) or more municipalities in the county have become members of the development authority as authorized by IC 36-7.5-2-3(h), the transfer of the local income tax revenue that is dedicated to economic development purposes that is required to be transferred under IC 6-3.6-11-6 is the contribution of the municipalities in the county that have become members of the development authority.

(b) This subsection applies only if:

(1) the fiscal body of the county described in IC 36-7.5-2-3(d) has adopted an ordinance under IC 36-7.5-2-3(d) providing that the county is joining the development authority;

(2) the fiscal body of the city described in IC 36-7.5-2-3(d) has adopted an ordinance under IC 36-7.5-2-3(d) providing that the city is joining the development authority; and

(3) the county described in IC 36-7.5-2-3(d) is an eligible county participating in the development authority.

The fiscal officer of the county described in IC 36-7.5-2-3(d) shall transfer two million six hundred twenty-five thousand dollars ($2,625,000) each year to the development authority for deposit in the development authority revenue fund established under section 1 of this chapter. The fiscal officer of the city described in IC 36-7.5-2-3(d) shall transfer eight hundred seventy-five thousand dollars ($875,000) each year to the development authority for deposit in the development authority revenue fund established under section 1 of this chapter.

(c) This subsection does not apply to Lake County, Hammond, Gary, or East Chicago. The following apply to the remaining transfers required by subsections (a) and (b):

(1) Except for transfers of money described in subdivision (4)(D), the transfers shall be made without appropriation by the city or county fiscal body or approval by any other entity.

(2) Except as provided in subdivision (3), each fiscal officer shall transfer eight hundred seventy-five thousand dollars ($875,000) to the development authority revenue fund before the last business day of January, April, July, and October of each year. Food and beverage tax revenue deposited in the fund under IC 6-9-36-8 is in addition to the transfers required by this section.

(3) The fiscal officer of the county described in IC 36-7.5-2-3(d) shall transfer six hundred fifty-six thousand two hundred fifty dollars ($656,250) to the development authority revenue fund before the last business day of January, April, July, and October of each year. The county is not required to make any payments or transfers to the development authority covering any time before January 1, 2017. The fiscal officer of a city described in IC 36-7.5-2-3(d) shall transfer two hundred eighteen thousand seven hundred fifty dollars ($218,750) to the development authority revenue fund before the last business day of January, April, July, and October of each year. The city is not required to make any payments or transfers to the development authority covering any time before January 1, 2017.

(4) The transfers shall be made from one (1) or more of the following:

(A) Riverboat admissions tax revenue received by the city or county, riverboat wagering tax revenue received by the city or county, or riverboat incentive payments received from a riverboat licensee by the city or county.

(B) Any local income tax revenue that is dedicated to economic development purposes under IC 6-3.6-6 and received under IC 6-3.6-9 by the city or county.

(C) Any other local revenue other than property tax revenue received by the city or county.

(D) In the case of a county described in IC 36-7.5-2-3(d) or a city described in IC 36-7.5-2-3(d), any money from the major moves construction fund that is distributed to the county or city under IC 8-14-16.

(d) This subsection applies only to Lake County, Hammond, Gary, and East Chicago. The obligations of each city and the county under subsection (a) are satisfied by the distributions made by the state comptroller on behalf of each unit under IC 4-33-12-8 and IC 4-33-13-5(i). However, if the total amount distributed under IC 4-33 on behalf of a unit with respect to a particular state fiscal year is less than the amount required by subsection (a), the fiscal officer of the unit shall transfer the amount of the shortfall to the authority from any source of revenue available to the unit other than property taxes. The state comptroller shall certify the amount of any shortfall to the fiscal officer of the unit after making the distribution required by IC 4-33-13-5(i) on behalf of the unit with respect to a particular state fiscal year.

(e) A transfer made on behalf of a county, city, or town under this section after December 31, 2018:

(1) is considered to be a payment for services provided to residents by a rail project as those services are rendered; and

(2) does not impair any pledge of revenues under this article because 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:

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

(B) does not constitute an indebtedness of a county, city, or town described in this section or of the state within the meaning or application of any constitutional or statutory provision or limitation.

(f) Neither the transfer of revenue as provided in this section 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 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 tax revenues have been pledged recognize that the regulation of local 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 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.214-2005, SEC.73. Amended by P.L.47-2006, SEC.61; P.L.182-2009(ss), SEC.426; P.L.119-2012, SEC.217; P.L.192-2015, SEC.14; P.L.197-2016, SEC.143; P.L.248-2017, SEC.7; P.L.189-2018, SEC.172; P.L.10-2019, SEC.137; P.L.108-2019, SEC.247; P.L.293-2019, SEC.48; P.L.156-2020, SEC.145; P.L.165-2021, SEC.213; P.L.104-2022, SEC.199; P.L.9-2024, SEC.557.
Ind. Code § 36-7-11.2-24 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-24
Death or resignation of member
Status: in_force

Sec. 24. (a) If a member of the commission dies or resigns during a term, a successor with the same qualifications shall be appointed to complete the term not later than thirty (30) days after the death or resignation. The appointment shall be made in the same manner as the original appointment.

(b) For purposes of this section, failure to attend three (3) consecutive regular meetings of the commission is considered a resignation.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-1.5-4-30 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-30
Certification by circuit court clerk of results of public question
Status: in_force

Sec. 30. (a) Except as provided in subsections (b) and (c), at the same time that election results are certified under IC 3, the circuit court clerk of each of the counties in which a public question under this chapter is on the ballot shall jointly issue, in the form prescribed by the Indiana election commission, a certificate declaring whether the public question is approved or rejected by a majority of the voters voting on the public question in each of the reorganizing political subdivisions. In addition to any other requirements in IC 3 concerning filing of the certification, the certification shall be sent to each of the following:

(1) The clerk of each of the reorganizing political subdivisions.

(2) The county auditor of each county in which a reorganizing political subdivision is located.

(3) The county recorder of each county in which a reorganizing political subdivision is located.

(4) The state board of accounts.

(5) The department of local government finance.

(6) The department of state revenue.

(7) The budget agency.

(8) If any of the reorganizing political subdivisions is a school corporation, the department of education.

(b) In the case of a public question on a reorganization described in section 1(a)(7) of this chapter that is voted on by voters after December 31, 2013:

(1) the public question on a plan of reorganization shall be placed on the ballot for consideration by the voters of the reorganizing municipality and township;

(2) the vote on the public question by the voters of a reorganizing municipality and township shall be tabulated by determining the sum of the votes of voters who reside in:

(A) each reorganizing municipality;

(B) the reorganizing township and not the reorganizing municipality; and

(C) each reorganizing municipality and the reorganizing township;

(3) the vote on the public question by the voters of:

(A) each reorganizing municipality; and

(B) each reorganizing township (excluding the voters of the reorganizing municipalities);

shall be tabulated separately; and

(4) the circuit court clerk shall issue, in a form prescribed by the Indiana election commission, separate certificates regarding whether the public question is approved or rejected by the voters of:

(A) each reorganizing municipality and township as set forth in subdivision (2)(C);

(B) each reorganizing municipality; and

(C) each reorganizing township, excluding the voters of the reorganizing municipalities;

voting on the public question.

(c) In the case of a public question on a reorganization described in section 1(a)(9) of this chapter:

(1) the public question on a plan of reorganization shall be placed on the ballot for consideration by the voters of the entire county;

(2) the vote on the public question by the voters of the entire county shall be tabulated;

(3) the vote on the public question by the voters of:

(A) each reorganizing municipality; and

(B) the county (excluding the voters of the reorganizing municipalities);

shall be tabulated separately; and

(4) the circuit court clerk shall issue, in a form prescribed by the state election board, separate certificates regarding whether the public question is approved or rejected by the voters of:

(A) the entire county;

(B) each reorganizing municipality; and

(C) the county, excluding the voters of the reorganizing municipalities;

voting on the public question.

As added by P.L.186-2006, SEC.4. Amended by P.L.194-2013, SEC.104; P.L.219-2013, SEC.96.
Ind. Code § 36-1-9.5-48 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-48
Revocation of certificate; grounds; notice; disqualification period
Status: in_force

Sec. 48. (a) An entity may revoke a certificate of qualification only if the entity determines that the contractor or subcontractor has done at least one (1) of the following:

(1) Fails to timely pay or satisfactorily settle any bills due for labor and material on former or existing contracts.

(2) Violates:

(A) a state or federal statute; or

(B) a rule or regulation of a state or federal department, board, bureau, agency, or commission.

(3) Defaults on a contract.

(4) Fails to enter into a contract with the entity.

(5) Falsifies any document required by the entity, the state board of accounts, or any other agency.

(6) Is convicted of a bidding crime.

(7) Enters a plea of guilty or nolo contendere to a bidding crime in any state.

(8) Does any of the following:

(A) Makes a public admission concerning a bidding crime in any state.

(B) Makes a presentation as an unindicted co-conspirator in a bidding crime in any state.

(C) Gives testimony that is protected by a grant of immunity in a trial for a bidding crime in any jurisdiction.

(9) Fails to perform any part of an existing or previous contract.

(10) Fails to submit in a timely manner information, documented explanations, or evidence required in the contract documents or proposal.

(11) Has been debarred by a federal agency.

(12) Failed to comply with any proposal requirements established by the entity concerning disadvantaged business enterprise goals or women business enterprise goals.

(b) An entity shall provide notification of a pending action for revocation in writing, setting forth the grounds for the proposed certificate revocation. The revocation becomes effective on the date determined by the entity.

(c) A period of disqualification under this chapter may not exceed two (2) years.

As added by P.L.85-1991, SEC.3. Amended by P.L.142-2020, SEC.89.
Ind. Code § 36-7.5-1-12.4 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-12.4
Repealed
Status: repealed

As added by P.L.197-2011, SEC.147. Repealed by P.L.114-2022, SEC.33.
Ind. Code § 36-7-5.1-21 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-21
Conforming structure and location
Status: in_force

Sec. 21. Within the joint district:

(1) a structure may not be located; and

(2) an improvement location permit for a structure on platted or unplatted land may not be issued;

unless the structure and location conform to the joint district zoning ordinance.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-9-4-57 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-57
Improvement reserve fund
Status: in_force

Sec. 57. (a) The board of directors of a public transportation corporation may, by resolution, establish an improvement reserve fund for the purpose of accumulating money over two (2) or more fiscal years for the following:

(1) The purchase of specified real property.

(2) The purchase of specified major equipment, including buses.

(3) The making of improvements to real property owned by the public transportation corporation.

(b) Transfers that are placed in an improvement reserve fund established under this section must be included in the annual budget of the public transportation corporation.

(c) The board of directors of a public transportation corporation may make an expenditure of money from an improvement reserve fund only after:

(1) holding a public meeting in accordance with section 22 of this chapter;

(2) the adoption by the board of a resolution under subsection (d); and

(3) approval by the department of local government finance.

(d) A resolution for expenditure from an improvement reserve fund established under this section must include the following:

(1) The specific amount of the expenditure.

(2) The specific use of the expenditure.

(3) A finding by the board of directors that the proposed use of funds complies with the restrictions under subsection (a).

(e) The money in the improvement reserve fund may not be considered in determining the corporation's property tax levy under this chapter or IC 6-1.1.

(f) The money in the improvement reserve fund at the end of the fiscal year does not revert to the general fund.

As added by P.L.317-1989, SEC.1. Amended by P.L.90-2002, SEC.508.
Ind. Code § 36-9-29-36 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-36
Jurisdiction of court
Status: in_force

Sec. 36. All court proceedings relating to the establishment or maintenance of the flood control district, or the performance of any act under this chapter, must be brought and determined only in and by the circuit court, superior court, or probate court establishing the district. The jurisdiction of the court in all such matters is conclusive and its judgment is final, except as otherwise provided in this chapter. All proceedings had under this chapter shall be heard by the court without the intervention of a jury, except as otherwise provided in this chapter. Laws with respect to change of venue from the county do not apply to proceedings under this chapter, but changes of venue from the judge may be had as in other civil cases.

[Pre-Local Government Recodification Citation: 19-4-18-10 part.]

As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.84-2016, SEC.194.
Ind. Code § 36-8-2.1-7 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-7
Rights under contract or other law
Status: in_force

Sec. 7. The rights of a public safety officer provided by this chapter are in addition to and do not abridge, diminish, or cancel the rights and privileges of a public safety officer that are provided under contract or any other law.

As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.9.
Ind. Code § 36-8-16.7-16 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-16
"Place of primary use"
Status: in_force

Sec. 16. As used in this chapter, "place of primary use" means the street address representative of where a customer's use of communications service primarily occurs, which must be:

(1) the residential street address or the primary business street address of the customer or, in the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3);

(2) within the licensed service area of the customer's provider; and

(3) in the case of:

(A) mobile communications service, determined in the manner provided in IC 6-8.1-15; and

(B) nonmobile communications service, determined in the manner provided in IC 6-2.5-12.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-1-33-3 — Indiana Code / Title 36 / Article 1 / Chapter 33 / Section 36-1-33-3
"IEC standards"
Status: in_force

Sec. 3. As used in this chapter, "IEC standards" means the most recent version of the standard IEC 60335-2-76 published by the International Electrotechnical Commission (IEC).

As added by P.L.39-2025, SEC.1.
Ind. Code § 36-7-31.3-14 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-14
Professional sports and convention development area fund
Status: in_force

Sec. 14. If a tax area is established under section 10 of this chapter, a state fund known as the professional sports and convention development area fund is established for that tax area. The fund shall be administered by the department. Money in the fund does not revert to the state general fund at the end of a state fiscal year.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-7-15.1-62 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-62
"Base assessed value"; allocation of taxes for age-restricted housing program; use of taxes; allocation of excess assessed value
Status: in_force

Sec. 62. (a) Notwithstanding section 26(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of the purposes of an age-restricted housing program adopted under section 59 of this chapter, "base assessed value" means, subject to section 26(j) of this chapter, the net assessed value of all of the property, other than personal property, as finally determined for the assessment date immediately preceding the effective date of the allocation provision, as adjusted under section 26(h) of this chapter.

(b) The allocation fund established under section 26(b) of this chapter for the allocation area for an age-restricted housing program adopted under section 59 of this chapter may be used only for purposes related to the accomplishment of the purposes of the program, including, but not limited to, the following:

(1) The construction of any infrastructure (including streets, sidewalks, and sewers) or local public improvements in, serving, or benefiting the allocation area.

(2) The acquisition of real property and interests in real property within the allocation area.

(3) The preparation of real property in anticipation of development of the real property within the allocation area.

(4) To do any of the following:

(A) Pay the principal of and interest on bonds or any other obligations payable from allocated tax proceeds in the allocation area that are incurred by the redevelopment district for the purpose of financing or refinancing the age-restricted housing program established under section 59 of this chapter for the allocation area.

(B) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in the allocation area.

(C) Pay the principal of and interest on bonds payable from allocated tax proceeds in the allocation area and from the special tax levied under section 19 of this chapter.

(D) Pay the principal of and interest on bonds issued by the unit to pay for local public improvements that are physically located in or physically connected to the allocation area.

(E) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in the allocation area.

(F) Make payments on leases payable from allocated tax proceeds in the allocation area under section 17.1 of this chapter.

(G) Reimburse the unit for expenditures made by the unit for local public improvements (which include buildings, parking facilities, and other items described in section 17(a) of this chapter) that are physically located in or physically connected to the allocation area.

(c) Notwithstanding section 26(b) of this chapter, the commission shall, relative to the allocation fund established under section 26(b) of this chapter for an allocation area for an age-restricted housing program adopted under section 59 of this chapter, do the following before June 15 of each year:

(1) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to:

(A) make the distribution required under section 26(b)(2) of this chapter;

(B) make, when due, principal and interest payments on bonds described in section 26(b)(3) of this chapter;

(C) pay the amount necessary for other purposes described in section 26(b)(3) of this chapter; and

(D) reimburse the county or municipality for anticipated expenditures described in subsection (b)(2).

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

(A) state the amount, if any, of excess property taxes that the commission has determined may be paid to the respective taxing units in the manner prescribed in section 26(b)(1) of this chapter; or

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

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. If a commission fails to provide the notice under subdivision (2), the county auditor shall allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units. However, if the commission notifies the county auditor and the department of local government finance, no later than July 1, that it is unable to meet its debt service obligations with regard to the allocation area without all or part of the allocated tax proceeds attributed to the assessed value that has been allocated to the respective taxing units, then the county auditor may not allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units.

As added by P.L.7-2013, SEC.8. Amended by P.L.87-2015, SEC.12; P.L.184-2016, SEC.35; P.L.214-2019, SEC.44; P.L.257-2019, SEC.131; P.L.157-2026, SEC.252.
Ind. Code § 36-7.6-4-13 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-13
Tax exemption
Status: in_force

Sec. 13. (a) All:

(1) property owned by a development authority;

(2) revenue of a development authority; and

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

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

(b) All securities issued under this chapter are exempt from the registration requirements of IC 23-19 and other securities registration statutes.

As added by P.L.232-2007, SEC.7. Amended by P.L.1-2009, SEC.169; P.L.79-2017, SEC.85.
Ind. Code § 36-8-22-14 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-14
Deficit financing prohibited
Status: in_force

Sec. 14. (a) As used in this section, "deficit financing" means making expenditures that exceed the money legally available to an employer in any budget year.

(b) An employer may not enter into an agreement under section 12 of this chapter that will place the employer in a position of deficit financing. An agreement is voidable to the extent that an employer must engage in deficit financing to comply with the agreement.

As added by P.L.48-2007, SEC.1.
Ind. Code § 36-7-30.5-30.3 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-30.3
Limitation on renewal or extension of existing allocation area; required conditions related to original district
Status: in_force

Sec. 30.3. (a) Notwithstanding any other law, if the Indiana economic development corporation subsequently designates territory that is located in an existing allocation area under this chapter as an innovation development district under IC 36-7-32.5, the allocation area may not be renewed or extended under this chapter until the term of the innovation development district expires.

(b) Notwithstanding any other law, for taxing districts that include multiple tax increment financing districts under this chapter, the original tax increment financing district does not expire and stays active only for the purpose of satisfying outstanding bonds issued by the subsequent tax increment financing district, only if the development authority completes the following requirements:

(1) Provides a written appeal to and receives the approval of the department of local government finance.

(2) Provides written notice to the state board of accounts of the appeal.

As added by P.L.123-2024, SEC.12. Amended by P.L.157-2026, SEC.259.
Ind. Code § 36-7-4-918.2 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-918.2
Board of zoning appeals; special exceptions and certain uses; approval or denial
Status: in_force

Sec. 918.2. A board of zoning appeals shall approve or deny all:

(1) special exceptions;

(2) special uses;

(3) contingent uses; and

(4) conditional uses;

from the terms of the zoning ordinance, but only in the classes of cases or in the particular situations specified in the zoning ordinance. The board may impose reasonable conditions as a part of its approval.

As added by P.L.357-1983, SEC.11.
Ind. Code § 36-7-4-602 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-602
Zoning ordinance; procedures for adoption of ordinances, amendments, and map changes
Status: in_force

Sec. 602. (a) The following procedure applies to a proposal to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps) for a jurisdiction:

(1) The plan commission must initiate the proposal.

(2) The plan commission must prepare the proposal so that it is consistent with section 601 of this chapter.

(3) The plan commission and the legislative body both must comply with section 603 of this chapter.

(4) The plan commission must give notice and hold a public hearing under section 604 of this chapter.

(5) The plan commission must certify the proposal to the legislative body under section 605 of this chapter.

(6) The legislative body must consider the proposal under section 606 of this chapter, and section 606 of this chapter governs whether the proposal is adopted or defeated.

(7) If the proposal is adopted under section 606 of this chapter, the plan commission must print (and publish, if required) the ordinance under section 610 of this chapter.

(8) The ordinance takes effect as described in section 610 of this chapter.

(b) After the zoning ordinance for a jurisdiction has been adopted as described in subsection (a), the following procedure applies to a proposal to amend or partially repeal the text (not zone maps) of the ordinance:

(1) The plan commission may initiate the proposal. (Under the advisory planning law or the area planning law, any participating legislative body also may initiate the proposal and require the plan commission to prepare it.)

(2) The plan commission must prepare the proposal so that it is consistent with section 601 of this chapter.

(3) The plan commission and the legislative body both must comply with section 603 of this chapter.

(4) The plan commission must give notice and hold a public hearing under section 604 of this chapter.

(5) The plan commission must certify the proposal to the legislative body under section 605 of this chapter.

(6) The legislative body must consider the proposal under section 607 of this chapter, and section 607 of this chapter governs whether the proposal is adopted or defeated.

(7) If the proposal is adopted under section 607 of this chapter, the plan commission must print the amendments to the zoning ordinance under section 610 of this chapter.

(8) The amendments take effect as described in section 610 of this chapter.

(c) After the zoning ordinance for a jurisdiction has been adopted as described in subsection (a), the following procedure applies to a proposal to change the zone maps (whether by incorporating an additional map or by amending or deleting a map) incorporated by reference into the ordinance:

(1) The proposal may be initiated either:

(A) by the plan commission; or

(B) by a petition signed by property owners who own at least fifty percent (50%) of the land involved.

(Under the advisory planning law or the area planning law, any participating legislative body also may initiate the proposal and require the plan commission to prepare it.)

(2) The plan commission or petitioners must prepare the proposal so that it is consistent with section 601 of this chapter.

(3) The plan commission and the legislative body both must comply with section 603 of this chapter.

(4) The plan commission must give notice and hold a public hearing under section 604 of this chapter.

(5) The plan commission must certify the proposal to the legislative body under section 605 of this chapter.

(6) Except as provided in subdivision (7), the legislative body must consider the proposal under section 608 of this chapter, and section 608 of this chapter governs whether the proposal is adopted or defeated.

(7) If the alternate procedure in section 608.7 of this chapter is adopted, that section governs whether the proposal is adopted or defeated after consideration by:

(A) the plan commission under section 608.7 of this chapter; or

(B) the legislative body under section 608 of this chapter.

(8) If the proposal is adopted under section 608 or 608.7 of this chapter, the plan commission must update the zone maps that it keeps available under section 610 of this chapter.

(9) The zone map changes take effect as described in section 610 of this chapter.

[Pre-Local Government Recodification Citations: 18-7-2-40; 18-7-2-41 part; 18-7-4-602; 18-7-4-48; 18-7-5-62 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.19; P.L.335-1985, SEC.16; P.L.220-1986, SEC.16; P.L.192-2016, SEC.1.
Ind. Code § 36-9-13-31 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-31
Loans
Status: in_force

Sec. 31. (a) In lieu of authorizing and selling bonds under section 30 of this chapter, the board of directors of a building authority may adopt a resolution authorizing the negotiation of a loan or loans for the purpose of obtaining the required money.

(b) The resolution authorizing the loan must set out:

(1) the total amount of the loan desired;

(2) the approximate dates on which money will be required, and the amounts of the money that will be required on those dates; and

(3) any terms, conditions, and restrictions concerning the proposed loan or the submission of proposals that the board considers advisable.

(c) Before the consideration of proposals for such a loan, a notice shall be published in accordance with IC 5-3-1. The notice must set out:

(1) the amount and purpose of the proposed loan;

(2) a brief summary of other provisions of the resolution; and

(3) the time and place where proposals will be considered.

(d) The board of directors may accept the proposal it considers most advantageous to the authority.

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

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.45, SEC.50.
Ind. Code § 36-10-8-16 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-16
General obligation bonds; authority to issue; procedure
Status: in_force

Sec. 16. (a) A capital improvement may be financed in whole or in part by the issuance of general obligation bonds of the county or, if the board was created under IC 18-7-18 (before its repeal on February 24, 1982), also of the city, if the board determines that the estimated annual net income of the capital improvement, plus the estimated annual tax revenues to be derived from any tax revenues made available for this purpose, will not be sufficient to satisfy and pay the principal of and interest on all bonds issued under this chapter, including the bonds then proposed to be issued.

(b) If the board desires to finance a capital improvement in whole or in part as provided in this section, it shall have prepared a resolution to be adopted by the county executive authorizing the issuance of general obligation bonds, or, if the board was created under IC 18-7-18 (before its repeal on February 24, 1982), by the fiscal body of the city authorizing the issuance of general obligation bonds. The resolution must set forth an itemization of the funds and assets received by the board, together with the board's valuation and certification of the cost. The resolution must state the date or dates on which the principal of the bonds is payable, the maximum interest rate to be paid, and the other terms upon which the bonds shall be issued. The board shall submit the proposed resolution to the proper officers, together with a certificate to the effect that the issuance of bonds in accordance with the resolution will be in compliance with this section. The certificate must also state the estimated annual net income of the capital improvement to be financed by the bonds, the estimated annual tax revenues, and the maximum amount payable in any year as principal and interest on the bonds issued under this chapter, including the bonds proposed to be issued, at the maximum interest rate set forth in the resolution. The bonds issued may mature over a period not exceeding forty (40) years from the date of issue.

(c) Upon receipt of the resolution and certificate, the proper officers may adopt them and take all action necessary to issue the bonds in accordance with the resolution. An action to contest the validity of bonds issued under this section and sold at a public sale may not be brought after the fifteenth day following the receipt of bids for the bonds.

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

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

(2) the right of:

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

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

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

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

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

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

(7) the sale of bonds at a public sale or at a negotiated sale;

apply to the issuance of bonds under this section.

As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.3-1990, SEC.148; P.L.90-2002, SEC.520; P.L.219-2007, SEC.146; P.L.146-2008, SEC.796; P.L.176-2009, SEC.29; P.L.125-2018, SEC.10; P.L.38-2021, SEC.105; P.L.236-2023, SEC.213; P.L.230-2025, SEC.149.
Ind. Code § 36-7-4-1310 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1310
"Infrastructure agency" defined
Status: in_force

Sec. 1310. As used in this series, "infrastructure agency" means a political subdivision or an agency of a political subdivision responsible for acquiring, constructing, or providing a particular infrastructure type.

As added by P.L.221-1991, SEC.11.
Ind. Code § 36-9-23-18 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-18
Bonds; liability of municipality; interest; redemption; form; registration; sale; temporary bonds; additional bonds; exemption from taxation
Status: in_force

Sec. 18. (a) Revenue bonds issued under this chapter are payable solely from the revenues of the sewage works for which they are issued, and are not a corporate indebtedness of the municipality.

(b) The revenue bonds bear interest at a rate not to exceed the maximum rate per annum specified by the municipal legislative body, payable annually or at shorter intervals, and mature at the time or times determined by ordinance.

(c) The revenue bonds may be made redeemable before maturity at the option of the municipality, to be exercised by the board, at not more than their par value plus a premium of five percent (5%), under the terms and conditions fixed by the ordinance authorizing the issuance of the bonds.

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

(e) The ordinance authorizing the issuance of the revenue bonds must determine the form of the bonds, including any interest coupons to be attached to them, and must fix the denomination or denominations of the bonds and the place or places of payment of their principal and interest, which may be at any bank or trust company in Indiana or another state.

(f) The revenue bonds must contain a statement on their face that the municipality is not obligated to pay the principal or interest on them, except from the special fund provided from the net revenues of the sewage works.

(g) The revenue bonds are negotiable instruments.

(h) Provision may be made for the registration of any of the revenue bonds in the name of the owner as to principal alone, or as to both principal and interest, but fully registered bonds shall be made convertible to coupon bonds at the option of the registered owner.

(i) The revenue bonds shall be executed in the same manner as other revenue bonds issued by municipalities are executed.

(j) The revenue bonds shall be sold by the municipal fiscal officer in the manner that is determined to be in the best interests of the municipality, but at not less than par value and only at public sale in accordance with the statutes concerning the sale of municipal bonds.

(k) Before the preparation of the definite revenue bonds, temporary revenue bonds may be issued with or without coupons. The temporary revenue bonds, which shall be issued in the manner prescribed by this section, may be exchanged for the definite revenue bonds when they are issued.

(l) If the proceeds of the revenue bonds are less than the cost of the sewage works, additional revenue bonds may be issued under this section to provide the amount of the deficit. Unless otherwise provided in the ordinance authorizing the first issue, or in the trust indenture authorized by section 22 of this chapter, the additional revenue bonds are considered part of the first issue and are entitled to payment from the same fund, without priority for the first issue.

(m) Subject to the provisions and limitations of any ordinance or trust indenture pertaining to any outstanding revenue bonds, additional bonds payable from the revenues of the sewage works may be authorized and issued in the manner prescribed by this section, for the purpose of improving any works acquired or constructed under this chapter.

(n) Revenue bonds issued under this section are exempt from taxation for all purposes.

[Pre-Local Government Recodification Citations: 19-2-5-11 part; 19-2-5-12 part; 19-2-5-13.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-4-1.5-2 — Indiana Code / Title 36 / Article 4 / Chapter 1.5 / Section 36-4-1.5-2
Change of status; procedure
Status: in_force

Sec. 2. A town may be changed into a city through the following:

(1) The town legislative body must adopt a resolution submitting to the town's voters the question of whether the town should be changed into a city. The town legislative body shall adopt a resolution described in this subdivision if at least the number of registered voters of the town equal to ten percent (10%) of the total votes cast in the town at the last election for secretary of state sign a petition requesting the town legislative body to adopt such a resolution. In determining the number of signatures required under this subdivision, any fraction that exceeds a whole number shall be disregarded.

(2) The town legislative body must adopt the resolution under subdivision (1) not later than thirty (30) days after the date on which a petition having a sufficient number of signatures is filed. A resolution adopted under subdivision (1) must fix the date for an election on the question of whether the town should be changed into a city as follows:

(A) If the election is to be on the same date as a general election or municipal election:

(i) the resolution must state that fact and 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 municipal election, whichever is earlier, at which the question can be placed on the ballot under IC 3-10-9.

(B) If the election is to be a special election, the date must be:

(i) not less than seventy-four (74) and not more than one hundred four (104) days after the notice of the election; and

(ii) not later than the next general election or municipal election, whichever is earlier, at which the question can be placed on the ballot under IC 3-10-9.

(3) The town legislative body shall file a copy of the resolution adopted under subdivision (1) with the circuit court clerk of each county in which the town is located. The circuit court clerk shall immediately certify the resolution to the county election board.

(4) The county election board shall give notice of the election in the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to the election.

(5) The question described in subdivision (1) shall be placed on the ballot in the form prescribed by IC 3-10-9-4. The text of the question shall be: "Shall the town of _________ change into a city?".

(6) If a majority of the voters voting on the question described in subdivision (1) vote "yes", the town is changed into a city as provided in this chapter. If a majority of the voters voting on the question vote "no", the town remains a town.

As added by P.L.111-2005, SEC.2. Amended by P.L.202-2013, SEC.29; P.L.2-2014, SEC.119; P.L.76-2014, SEC.66.
Ind. Code § 36-4-12-10 — Indiana Code / Title 36 / Article 4 / Chapter 12 / Section 36-4-12-10
Powers and duties
Status: in_force

Sec. 10. The city manager, under the direction of the executive, is responsible for the administrative duties of the city. The powers and duties of the city manager must be stated in the ordinance creating the city manager position. The city manager's powers and duties may include:

(1) attending the meetings of the legislative body and recommending actions the city manager considers advisable;

(2) hiring city employees according to the pay schedules and standards fixed by the legislative body or by statute;

(3) suspending, discharging, removing, or transferring city employees;

(4) delegating any of the city manager's powers to an employee responsible to the city manager;

(5) administering and enforcing all ordinances, orders, and resolutions of the legislative body;

(6) ensuring that all statutes that are required to be administered by the legislative body or a city employee subject to the control of the legislative body are faithfully administered;

(7) preparing budget estimates and submitting them to the legislative body when required;

(8) executing contracts on behalf of the city for materials, supplies, services, or improvements after the completion of the appropriations, notice, and competitive bidding required by statute;

(9) receiving service of summons on behalf of the city;

(10) administering the city's economic development plans and projects;

(11) advising the executive, city legislative body, and public on the conduct of city affairs;

(12) making recommendations on policy formulation;

(13) recommending and executing city improvements;

(14) serving on the board of public works and safety; and

(15) other powers and duties determined to be advisable by the executive and legislative body.

As added by P.L.10-1997, SEC.32.
Ind. Code § 36-8-25.5-8 — Indiana Code / Title 36 / Article 8 / Chapter 25.5 / Section 36-8-25.5-8
Indiana crime guns task force fund
Status: in_force

Sec. 8. (a) The Indiana criminal justice institute shall establish the Indiana crime guns task force fund for the purpose of providing support for the operations of the task force.

(b) The fund consists of the following:

(1) Grants and donations made to the task force.

(2) Money from participating agencies in accordance with the memorandum of understanding.

(3) Money appropriated to fund the task force.

(c) The expenses of the task force shall be paid by the fund.

(d) The Indiana criminal justice institute shall administer the fund.

(e) The Indiana criminal justice institute shall process all expenditures and claims for payment made by the executive board. Expenditures from the fund shall not exceed the available balance of the fund.

(f) The Indiana criminal justice institute shall use all money in the fund to support the operations of the task force.

(g) The Indiana criminal justice institute may not transfer, assign, or otherwise remove money from the Indiana crime guns task force fund for any purpose outside of the mission of the task force as determined by the executive board of the task force.

(h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.217-2021, SEC.2. Amended by P.L.201-2023, SEC.281.
Ind. Code § 36-9-36-47 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-47
Transfer of assessment liens to bond owners
Status: in_force

Sec. 47. (a) Bonds issued in anticipation of the collection of assessments convey and transfer to the owner of the bonds all interests in the assessments and liens upon the respective lots or parcels of land.

(b) The liens stand as security for the bonds and interest until the bonds and interest are paid. A bond owner has full power to enforce the lien by foreclosure in court as provided in this chapter if the bond or interest is not paid when presented to the disbursing officer.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-5.1-9 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-9
Membership of commission
Status: in_force

Sec. 9. The members of the commission shall be determined as follows:

(1) The legislative body of each county where any part of the joint district is located shall choose four (4) members.

(2) The legislative body of each municipality having a population of more than three thousand (3,000) and less than fifteen thousand (15,000), that passes an ordinance establishing a joint district and that is located within five (5) miles of the joint district shall choose three (3) members.

(3) The city plan commission (or similar body) of each municipality having a population of more than twenty-five thousand (25,000) and less than fifty thousand (50,000), that passes an ordinance establishing a joint district and that is located within ten (10) miles of the joint district shall choose two (2) members.

(4) The executive of each municipality meeting the population, proximity, and ordinance requirements of subdivision (3) shall choose one (1) member.

As added by P.L.300-1989, SEC.2. Amended by P.L.11-2023, SEC.119.
Ind. Code § 36-9-30-22 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-22
Solid waste disposal nonreverting capital fund
Status: in_force

Sec. 22. (a) At the request of the board, the fiscal body of the unit may, by ordinance, establish a solid waste disposal nonreverting capital fund.

(b) Capital for the fund consists of:

(1) deposits by the board of the revenues of its facilities that remain after payment of expenses, in an amount determined by the fiscal body upon the recommendation of the board; and

(2) appropriations of money derived from user fees, in an amount determined by the fiscal body.

(c) After an appropriation by the fiscal body, the board may use the fund for:

(1) acquisition of property and other rights;

(2) installing, constructing, equipping, expanding, modifying, or remodeling new or existing facilities; or

(3) engineering, legal, surveying, estimating, appraising, planning, designing, and other expenses necessary to determine the feasibility of implementing solid waste disposal methods.

[Pre-Local Government Recodification Citation: 19-2-1-34.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-9-15-4 — Indiana Code / Title 36 / Article 9 / Chapter 15 / Section 36-9-15-4
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-3-84-3.]

As added by Acts 1981, P.L.309, SEC.88. Amended by Acts 1981, P.L.317, SEC.13. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-7-15.6-6 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-6
"Flood control works"
Status: in_force

Sec. 6. As used in this chapter, "flood control works" includes the following:

(1) The removal of obstructions and accumulated debris from channels of streams.

(2) The clearing and straightening of channels of streams.

(3) The creating of new and enlarged channels of streams, wherever required.

(4) The building, repairing, or maintenance of dikes, levees, retaining walls, or other flood protective works.

(5) The construction of bank protection works for streams.

(6) The establishment of floodways.

(7) Conducting all other activities that are permitted by the federal Flood Control Act and federal Clean Water Act.

The term includes reimbursement to the unit of expenditures made from the unit's storm water fund as set forth in section 17(g)(11) of this chapter. The term also includes reimbursement for debt service payments made from the unit's storm water fund as authorized in an ordinance adopted by the fiscal body of the unit under section 19 of this chapter.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-7-30-25 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-25
Allocation areas; allocation and distribution of property taxes
Status: in_force

Sec. 25. (a) The following definitions apply throughout this section:

(1) "Allocation area" means that part of a military base reuse area to which an allocation provision of a declaratory resolution adopted under section 10 of this chapter refers for purposes of distribution and allocation of property taxes.

(2) "Base assessed value" means, subject to subsection (i):

(A) the net assessed value of all the property as finally determined for the assessment date immediately preceding the adoption date of the allocation provision of the declaratory resolution, as adjusted under subsection (h); plus

(B) to the extent that it is not included in clause (A) or (C), the net assessed value of any and all parcels or classes of parcels identified as part of the base assessed value in the declaratory resolution or an amendment thereto, as finally determined for any subsequent assessment date; plus

(C) to the extent that it is not included in clause (A) or (B), the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, within the allocation area, as finally determined for the current assessment date.

Clause (C) applies only to allocation areas established in a military reuse area after June 30, 1997, and to the part of an allocation area that was established before June 30, 1997, and that is added to an existing allocation area after June 30, 1997.

(3) "Property taxes" means taxes imposed under IC 6-1.1 on real property.

(b) A declaratory resolution adopted under section 10 of this chapter before the date set forth in IC 36-7-14-39(b) pertaining to declaratory resolutions adopted under IC 36-7-14-15 may include a provision with respect to the allocation and distribution of property taxes for the purposes and in the manner provided in this section. A declaratory resolution previously adopted may include an allocation provision by the amendment of that declaratory resolution in accordance with the procedures set forth in section 13 of this chapter. The allocation provision may apply to all or part of the military base reuse area. The allocation provision must require that any property taxes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the allocation area be allocated and distributed as follows:

(1) Except as otherwise provided in this section, the proceeds of the taxes attributable to the lesser of:

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

(B) the base assessed value;

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

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

(3) Except as otherwise provided in this section, property tax proceeds in excess of those described in subdivisions (1) and (2) shall be allocated to the military base reuse district and, when collected, paid into an allocation fund for that allocation area that may be used by the military base reuse district and only to do one (1) or more of the following:

(A) Pay the principal of and interest and redemption premium on any obligations incurred by the military base reuse district or any other entity for the purpose of financing or refinancing military base reuse activities in or directly serving or benefiting that allocation area.

(B) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in that allocation area or from other revenues of the reuse authority, including lease rental revenues.

(C) Make payments on leases payable solely or in part from allocated tax proceeds in that allocation area.

(D) Reimburse any other governmental body for expenditures made for local public improvements (or structures) in or directly serving or benefiting that allocation area.

(E) Pay expenses incurred by the reuse authority, any other department of the unit, or a department of another governmental entity for local public improvements or structures that are in the allocation area or directly serving or benefiting the allocation area, including expenses for the operation and maintenance of these local public improvements or structures if the reuse authority determines those operation and maintenance expenses are necessary or desirable to carry out the purposes of this chapter.

(F) Reimburse public and private entities for expenses incurred in training employees of industrial facilities that are located:

(i) in the allocation area; and

(ii) on a parcel of real property that has been classified as industrial property under the rules of the department of local government finance.

However, the total amount of money spent for this purpose in any year may not exceed the total amount of money in the allocation fund that is attributable to property taxes paid by the industrial facilities described in this clause. The reimbursements under this clause must be made not more than three (3) years after the date on which the investments that are the basis for the increment financing are made.

(G) Expend money and provide financial assistance as authorized in section 9(a)(25) of this chapter.

Except as provided in clause (E), the allocation fund may not be used for operating expenses of the reuse authority.

(4) Except as provided in subsection (g), before July 15 of each year the reuse authority shall do the following:

(A) Determine the amount, if any, by which property taxes payable to the allocation fund in the following year will exceed the amount of property taxes necessary to make, when due, principal and interest payments on bonds described in subdivision (3) plus the amount necessary for other purposes described in subdivision (3).

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

(i) state the amount, if any, of excess property taxes that the reuse authority has determined may be paid to the respective taxing units in the manner prescribed in subdivision (1); or

(ii) state that the reuse authority has determined that there are no excess property tax proceeds that may be allocated to the respective taxing units in the manner prescribed in subdivision (1).

The county auditor shall allocate to the respective taxing units the amount, if any, of excess property tax proceeds determined by the reuse authority. The reuse authority may not authorize a payment to the respective taxing units under this subdivision if to do so would endanger the interest of the holders of bonds described in subdivision (3) or lessors under section 19 of this chapter.

(c) For the purpose of allocating taxes levied by or for any taxing unit or units, the assessed value of taxable property in a territory in the allocation area that is annexed by a taxing unit after the effective date of the allocation provision of the declaratory resolution is the lesser of:

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

(2) the base assessed value.

(d) Property tax proceeds allocable to the military base reuse district under subsection (b)(3) may, subject to subsection (b)(4), be irrevocably pledged by the military base reuse district for payment as set forth in subsection (b)(3).

(e) Notwithstanding any other law, each assessor shall, upon petition of the reuse authority, reassess the taxable property situated upon or in or added to the allocation area, effective on the next assessment date after the petition.

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

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

(2) the base assessed value.

(g) If any part of the allocation area is located in an enterprise zone created under IC 5-28-15, the unit that designated the allocation area shall create funds as specified in this subsection. A unit that has obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(3) shall establish an allocation fund for the purposes specified in subsection (b)(3) and a special zone fund. Such a unit shall, until the end of the enterprise zone phase out period, deposit each year in the special zone fund any amount in the allocation fund derived from property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) from property located in the enterprise zone that exceeds the amount sufficient for the purposes specified in subsection (b)(3) for the year. The amount sufficient for purposes specified in subsection (b)(3) for the year shall be determined based on the pro rata part of such current property tax proceeds from the part of the enterprise zone that is within the allocation area as compared to all such current property tax proceeds derived from the allocation area. A unit that does not have obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(3) shall establish a special zone fund and deposit all the property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) that are derived from property in the enterprise zone in the fund. The unit that creates the special zone fund shall use the fund (based on the recommendations of the urban enterprise association) for programs in job training, job enrichment, and basic skill development that are designed to benefit residents and employers in the enterprise zone or other purposes specified in subsection (b)(3), except that where reference is made in subsection (b)(3) to allocation area it shall refer for purposes of payments from the special zone fund only to that part of the allocation area that is also located in the enterprise zone. The programs shall reserve at least one-half (1/2) of their enrollment in any session for residents of the enterprise zone.

(h) After each reassessment of real property in an area under the county's reassessment plan under IC 6-1.1-4-4.2, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value one (1) time to neutralize any effect of the reassessment of the real property in the area on the property tax proceeds allocated to the military base reuse district under this section. After each annual adjustment under IC 6-1.1-4-4.5, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the military base reuse district under this section. However, the adjustments under this subsection may not include the effect of property tax abatements under IC 6-1.1-12.1, and these adjustments may not produce less property tax proceeds allocable to the military base reuse district under subsection (b)(3) than would otherwise have been received if the reassessment under the county's reassessment plan or annual adjustment had not occurred. The county auditor shall, in the manner prescribed by the department of local government finance, submit the forms required by this subsection to the department of local government finance no later than July 15 of each year.

(i) If the reuse authority adopts a declaratory resolution or an amendment to a declaratory resolution that contains an allocation provision and the reuse authority makes either of the filings required under section 12(c) or 13(f) of this chapter after the first anniversary of the effective date of the allocation provision, the auditor of the county in which the military base reuse district is located shall compute the base assessed value for the allocation area using the assessment date immediately preceding the later of:

(1) the date on which the documents are filed with the county auditor; or

(2) the date on which the documents are filed with the department of local government finance.

(j) For an allocation area established after June 30, 2024, "residential property" refers to the assessed value of property that is allocated to the one percent (1%) homestead land and improvement categories in the county tax and billing software system.

As added by P.L.26-1995, SEC.14. Amended by P.L.255-1997(ss), SEC.18; P.L.90-2002, SEC.486; P.L.192-2002(ss), SEC.185; P.L.4-2005, SEC.141; P.L.154-2006, SEC.79; P.L.146-2008, SEC.770; P.L.104-2010, SEC.2; P.L.203-2011, SEC.19; P.L.112-2012, SEC.59; P.L.95-2014, SEC.7; P.L.86-2018, SEC.347; P.L.214-2019, SEC.47; P.L.257-2019, SEC.137; P.L.156-2020, SEC.142; P.L.174-2022, SEC.74; P.L.68-2025, SEC.237; P.L.157-2026, SEC.253; P.L.157-2026, SEC.254.
Ind. Code § 36-7-18-4 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-4
Housing authorities; establishment; procedure
Status: in_force

Sec. 4. (a) A unit may establish a housing authority if the fiscal body of the unit, by resolution, declares that there is a need for an authority in the unit.

(b) The determination as to whether or not there is a need for an authority may be made by the fiscal body:

(1) on its own motion;

(2) on the filing of a petition signed by twenty-five (25) residents of the unit and stating that there is a need for an authority in the unit; or

(3) on receipt of an order from the division of family resources.

(c) A resolution may be passed under this section only after a public hearing. Notice of the time, place, and purpose of the hearing must be given by the fiscal body by publication in accordance with IC 5-3-1.

(d) The fiscal body of a unit may adopt a resolution declaring that there is need for a housing authority in the unit if it finds that:

(1) unsanitary or unsafe dwelling accommodations are inhabited in the unit; or

(2) there is a shortage of safe or sanitary dwelling accommodations available in the unit for persons of low income at rentals they can afford.

In determining whether dwelling accommodations are unsafe or unsanitary, the fiscal body may consider the degree of overcrowding, the percentage of land coverage, the light, air, space, and access available to inhabitants, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions in the buildings endanger life or property by fire or other causes.

(e) In any proceeding involving any contract of a housing authority, the authority shall be conclusively presumed to have become established and authorized to transact business and exercise its powers under this chapter on proof of the adoption of a resolution by the fiscal body declaring the need for the authority. The resolution is sufficient if it declares that there is a need for an authority and finds that either or both of the conditions listed in subsection (d) exist in the unit. A copy of the resolution certified by the clerk of the fiscal body is admissible in evidence in any proceeding.

[Pre-Local Government Recodification Citation: 18-7-11-4 part.]

As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981, P.L.45, SEC.32; P.L.41-1987, SEC.21; P.L.2-1992, SEC.891; P.L.4-1993, SEC.329; P.L.5-1993, SEC.337; P.L.24-1997, SEC.65; P.L.145-2006, SEC.375.
Ind. Code § 36-7-32.6-16 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-16
Zoning laws apply
Status: in_force

Sec. 16. A development within the stadium development district is subject to any zoning ordinance or other zoning law that otherwise applies to territory within the stadium development district.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-1-9.5-5 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-5
"Award" defined
Status: in_force

Sec. 5. As used in this chapter, "award" means the acceptance by an entity of a bid and authorization by an entity to enter into a contract with the bidder.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-3-6-7 — Indiana Code / Title 36 / Article 3 / Chapter 6 / Section 36-3-6-7
Proposed ordinances; fixing and reviewing budgets, tax rates, and levies
Status: in_force

Sec. 7. (a) The city-county legislative body and the special service district legislative bodies shall act on ordinances proposed under this chapter in the manner prescribed by IC 6-1.1-17.

(b) A tax levied by the consolidated city for a department or division having territorial jurisdiction over the whole county shall be levied on property in the whole county, and the money received from that tax shall be paid into a fund to be known as the consolidated county fund. A tax levied by the consolidated city for a department or division having territorial jurisdiction only inside the corporate boundaries of the consolidated city shall be levied only on property in the consolidated city. A tax levied for support of a special service district shall be levied only on property in the special service district. A tax or special tax to finance the operations, improvements, or debt service of a special taxing district shall be levied only on property in the special taxing district. A tax to be levied by the county or consolidated city for any other function shall be levied only on property in the territorial jurisdiction affected.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-4-4.5 part; 18-4-4-5 part; 18-4-5-2.1 part; 18-4-12-11 part; 18-4-12-37 part; subsection (b) formerly 18-4-5-8.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.82-1985, SEC.2.
Ind. Code § 36-1-24-13 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-13
Expiration; authorization to charge a permit fee
Status: in_force

Sec. 13. (a) A permit expires one (1) year after the date the permit is issued.

(b) Except as provided in subsection (c), a unit may charge a permit fee, not to exceed one hundred fifty dollars ($150), for each of the following:

(1) An initial permit issued to an owner for the permitted property.

(2) The issuance of a subsequent permit to an owner for the permitted property after the owner's previous permit has been revoked.

(c) A unit may not charge a permit fee for renewing a permit, including renewal of a permit that has expired.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-7-31-1 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-1
Applicability of chapter
Status: in_force

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

As added by P.L.255-1997(ss), SEC.19.
Ind. Code § 36-1.5-4-33 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-33
Termination of reorganization if public question not approved
Status: in_force

Sec. 33. Except in the case of a reorganization described in section 1(a)(7) or 1(a)(9) of this chapter, if a reorganization is not approved by the majority of the voters in each reorganizing political subdivision voting on the public question, the reorganization is terminated. A political subdivision in which voters of the political subdivision approved the reorganization may continue with a reorganization with another political subdivision in which the reorganization was approved only if a new plan of reorganization is approved by the voters of each political subdivision in the manner provided by this chapter.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.20.
Ind. Code § 36-7.5-2-7 — Indiana Code / Title 36 / Article 7.5 / Chapter 2 / Section 36-7.5-2-7
Bylaws and rules
Status: in_force

Sec. 7. The development board may adopt the bylaws and rules that the development board considers necessary for the proper conduct of the development board's duties and the safeguarding of the development authority's funds and property. The development board shall include in its rules a statement that recognizes that a member of the development board is a public servant subject to IC 35-44.1-1-4 concerning conflict of interest.

As added by P.L.214-2005, SEC.73. Amended by P.L.248-2017, SEC.5.
Ind. Code § 36-7-14.5-13 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-13
Refunding bonds; fiscal body approval
Status: in_force

Sec. 13. (a) Bonds issued under IC 36-7-14 may be refunded as provided in this section.

(b) Subject to the prior approval of the fiscal body of the unit under IC 36-7-14-25.2, the commission may:

(1) lease all or a portion of a local public improvement or improvements to the authority, which may be at a nominal lease rental with a lease back to the commission, conditioned upon the authority assuming bonds issued under IC 36-7-14 and issuing its bonds to refund those bonds; and

(2) sell all or a portion of a local public improvement or improvements to the authority for a price sufficient to provide for the refunding of those bonds and lease back the local public improvement or improvements from the authority.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.25.
Ind. Code § 36-7-15.1-15.1 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-15.1
Grant or sale at no cost of real property to qualifying corporation for low or moderate income housing; notice and hearing
Status: in_force

Sec. 15.1. (a) As used in this section, "qualifying corporation" refers to a nonprofit corporation or neighborhood development corporation that meets the requirements of subsection (b)(1) and the criteria established by the county fiscal body under subsection (i).

(b) The commission may sell or grant at no cost title to real property to a nonprofit corporation or neighborhood development corporation for the purpose of providing low or moderate income housing or other development that will benefit or serve low or moderate income families if the following requirements are met:

(1) The nonprofit corporation or neighborhood development corporation has, as a major corporate purpose and function, the provision of housing for low and moderate income families within the geographic area in which the parcel of property is located.

(2) The qualifying corporation agrees to cause development that will serve or benefit low or moderate income families on the parcel of property within a specified period, which may not exceed five (5) years from the date of the sale or grant.

(3) The qualifying corporation, if the qualifying corporation is a neighborhood development corporation, agrees that the qualifying corporation and each applicant, recipient, contractor, or subcontractor undertaking work in connection with the real property will:

(A) use lower income project area residents as trainees and as employees; and

(B) contract for work with business concerns located in the project area or owned in substantial part by persons residing in the project area;

to the greatest extent feasible, as determined under the standards specified in 24 CFR 135.

(4) The county fiscal body has determined that the corporation meets the criteria established under subsection (i).

(5) The qualifying corporation agrees to rehabilitate or otherwise develop the property in a manner that is similar to and consistent with the use of the other properties in the area served by the qualifying corporation.

(c) To carry out the purposes of this section, the commission may secure from the county under IC 6-1.1-25-9(e) parcels of property acquired by the county under IC 6-1.1-24 and IC 6-1.1-25.

(d) Before offering any parcel of property for sale or grant, the fair market value of the parcel of property must be determined. The fair market value may be determined by an appraisal made by a qualified employee of the department. However, if the qualified employee of the department determines that:

(1) the property:

(A) is less than five (5) acres in size; and

(B) has a fair market value that is less than ten thousand dollars ($10,000); or

(2) if the commission has obtained the parcel in the manner described in subsection (c);

an appraisal is not required. An appraisal under this subsection is solely for the information of the commission and is not available for public inspection.

(e) The commission must decide whether the commission will sell or grant the parcel of real property at a public meeting. In making this decision, the commission shall give substantial weight to the extent to which and the terms under which the qualifying corporation will cause development to serve or benefit families of low or moderate income. If more than one (1) qualifying corporation is interested in acquiring a parcel of real property, the commission shall conduct a hearing at which a representative of each corporation may state the reasons why the commission should sell or grant the parcel to that corporation.

(f) Before conducting a hearing under subsection (e), the commission shall publish a notice in accordance with IC 5-3-1 indicating that at a designated time the commission will consider selling or granting the parcel of real property under this section. The notice must state the general location of the property, including the street address if any, or a common description of the property other than the legal description.

(g) If the county agrees to transfer a parcel of real property to the commission to be sold or granted under this section, the commission may conduct a hearing to sell or grant the parcel to a qualifying corporation even though the parcel has not yet been transferred to the commission. After the hearing, the commission may adopt a resolution directing the department to take appropriate steps necessary to acquire the parcel from the county and to transfer the parcel to the qualifying corporation.

(h) A conveyance of property to a qualifying corporation under this section shall be made in accordance with section 15(i) of this chapter.

(i) The county fiscal body shall establish criteria for determining the eligibility of nonprofit corporations and neighborhood development corporations for sales or grants of real property under this section. A nonprofit corporation or neighborhood development corporation may apply to the county fiscal body for a determination concerning the corporation's compliance with the criteria established under this subsection.

As added by P.L.14-1991, SEC.19. Amended by P.L.31-1994, SEC.20; P.L.39-1994, SEC.26; P.L.2-1995, SEC.133; P.L.86-1999, SEC.3; P.L.177-2003, SEC.10.
Ind. Code § 36-8-2-6 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-6
Animals; capture and destruction; shelters
Status: in_force

Sec. 6. (a) A unit may:

(1) capture and destroy animals if necessary; and

(2) establish, maintain, and operate animal shelters.

(b) A municipality may exercise the powers in subsection (a)(2) within four (4) miles outside its corporate boundaries.

[Pre-Local Government Recodification Citations: 18-1-1.5-7(g); 18-1-1.5-14(o); 18-3-1-39 part; 18-4-12-4(4).]

As added by Acts 1980, P.L.211, SEC.3. Amended by P.L.277-2019, SEC.9.
Ind. Code § 36-8-8-17 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-17
Benefits exempt from judicial process; reimbursement of employers; withholding payments; transfer prohibited; rollover to eligible retirement plan
Status: reserved

Sec. 17. (a) The benefits of this chapter are exempt from attachment and garnishment and may not be seized, taken, or levied upon by any execution or process. However, a fund member's contributions or benefits, or both, may be transferred to reimburse the fund member's employer for loss resulting from the fund member's criminal taking of the employer's property by the system board if the system board receives adequate proof of the loss. The loss resulting from the fund 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.

(b) The system board may withhold payment of a fund member's contributions and interest if the employer of the fund member notifies the board that felony or misdemeanor charges accusing the participant of the criminal taking of the employer's property have been filed.

(c) The system board may withhold payment of a fund member's contributions and interest under subsection (b) until the final resolution of the criminal charges.

(d) Subsections (b) and (c) do not apply to the:

(1) retirement benefit of a retired fund member; or

(2) disability benefit of a fund member who becomes disabled.

(e) Except as provided in subsection (f) and section 17.2 of this chapter, a person receiving a benefit under this chapter may not transfer, assign, or sell the benefit.

(f) Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the 1977 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.

[Pre-Local Government Recodification Citations: 19-1-17.8-15; 19-1-36.5-15.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.10-1993, SEC.19; P.L.183-2003, SEC.2; P.L.203-2019, SEC.10.
Ind. Code § 36-9-25-35 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-35
Payment of contracts, condemnation awards, etc.; retention of portion of contract payments
Status: in_force

Sec. 35. (a) From the sanitary district bond fund and not from any other source, the board shall pay to the appropriate parties the amounts respectively due them for land, rights-of-way, or other property taken or purchased or for work done by contract or otherwise. If all or part of the land, rights-of-way, or other property is secured by purchase or contract, payment shall be made according to the terms of the contract. If property is taken by condemnation under this chapter, the amount of damages assessed shall be paid within ninety (90) days after the final determination of the condemnation proceedings or as soon after that as the fund from the bonds is available. The title to the land, rights-of-way, or other property or that part paid for or otherwise acquired for that purpose then vests in the municipality in the manner, to the extent, for the purpose, and subject to the limitations of this chapter.

(b) The board shall order that payments from the funds be made to contractors in the amounts and at the times they determine. The board may retain a part of the amount otherwise due the contractor. The amount that may be retained by the board is as follows:

(1) Until work is fifty percent (50%) complete, not more than ten percent (10%) of the payment claimed.

(2) When work is fifty percent (50%) complete, five percent (5%) of the value of all work satisfactorily completed to date, as long as the contractor is making satisfactory progress and there is no specific cause for greater withholding.

(3) When the work is substantially complete (operational or beneficially occupied), an amount below five percent (5%) that is necessary to assure completion.

[Pre-Local Government Recodification Citation: 19-2-14-26.]

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-2-16.5-3 — Indiana Code / Title 36 / Article 2 / Chapter 16.5 / Section 36-2-16.5-3
Adoption of salary schedule
Status: in_force

Sec. 3. In consultation with:

(1) at least one (1) judge of a court or division of a court authorized to impose probation; and

(2) at least one (1) probation officer;

the county, city, or town fiscal body shall adopt a salary schedule setting the compensation of a probation officer. The salary schedule must comply with the minimum compensation requirements for probation officers adopted by the judicial conference of Indiana under IC 11-13-1-8.

As added by P.L.277-2003, SEC.14.
Ind. Code § 36-9-27-26 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-26
Drains under jurisdiction of certain drainage maintenance and repair districts and associations; exemption from chapter
Status: in_force

Sec. 26. A drain that is under the jurisdiction of:

(1) a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8; or

(2) an association established under Acts 1913, c. 165;

is not subject to annual assessments for periodic maintenance under this chapter, and the district or association is solely responsible for the maintenance of the drain. However, if the drain flows directly or indirectly into a regulated drain that is subject to this chapter, the board shall assess the land within the district or association for any benefits it receives from the construction, reconstruction, or maintenance of the regulated drain.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.88.
Ind. Code § 36-9-29.1-5 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-5
Adoption of resolution
Status: in_force

Sec. 5. Whenever the board determines that it is necessary for the general welfare, safety, or security of the flood control district to undertake and carry out any project to protect the district and its residents from floods or flood hazards, the board shall adopt a resolution declaring this necessity and its purpose to proceed with the project.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-9-40-21 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-21
Delivery of completed assessment to county auditor; assessment to show amount due
Status: in_force

Sec. 21. (a) The works board shall deliver a certified copy of the completed assessment to the county auditor after the works board:

(1) approves and accepts the entire work under any contract; and

(2) allows a final estimate.

(b) The duplicate assessment, to be known as the primary assessment, must show the amount due if paid in cash within the time limit.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-7-14-15.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-15.5
Redevelopment project areas in certain counties; inclusion of additional areas outside boundaries
Status: in_force

Sec. 15.5. (a) This section applies to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(b) In adopting a declaratory resolution under section 15 of this chapter, a redevelopment commission may include a provision stating that the redevelopment project area is considered to include one (1) or more additional areas outside the boundaries of the redevelopment project area if the redevelopment commission makes the following findings and the requirements of subsection (c) are met:

(1) One (1) or more taxpayers presently located within the boundaries of the redevelopment project area are expected within one (1) year to relocate all or part of their operations outside the boundaries of the redevelopment project area and have expressed an interest in relocating all or part of their operations within the boundaries of an additional area.

(2) The relocation described in subdivision (1) will contribute to the continuation of the conditions described in IC 36-7-1-3 in the redevelopment project area.

(3) For purposes of this section, it will be of public utility and benefit to include the additional areas as part of the redevelopment project area.

(c) Each additional area must be designated by the redevelopment commission as a redevelopment project area or an economic development area under this chapter.

(d) Notwithstanding section 3 of this chapter, the additional areas shall be considered to be a part of the redevelopment special taxing district under the jurisdiction of the redevelopment commission. Any excess property taxes that the commission has determined may be paid to taxing units under section 39(b)(5) of this chapter shall be paid to the taxing units from which the excess property taxes were derived. All powers of the redevelopment commission authorized under this chapter may be exercised by the redevelopment commission in additional areas under its jurisdiction.

(e) The declaratory resolution must include a statement of the general boundaries of each additional area. However, it is sufficient to describe those boundaries by location in relation to public ways, streams, or otherwise, as determined by the commissioners.

(f) The declaratory resolution may include a provision with respect to the allocation and distribution of property taxes with respect to one (1) or more of the additional areas in the manner provided in section 39 of this chapter. If the redevelopment commission includes such a provision in the resolution, allocation areas in the redevelopment project area and in the additional areas considered to be part of the redevelopment project area shall be considered a single allocation area for purposes of this chapter.

(g) The additional areas must be located within the same county as the redevelopment project area but are not otherwise required to be within the jurisdiction of the redevelopment commission, if the redevelopment commission obtains the consent by ordinance of:

(1) the county legislative body, for each additional area located within the unincorporated part of the county; or

(2) the legislative body of the city or town affected, for each additional area located within a city or town.

In granting its consent, the legislative body shall approve the plan of development or redevelopment relating to the additional area.

(h) A declaratory resolution previously adopted may be amended to include a provision to include additional areas as set forth in this section and an allocation provision under section 39 of this chapter with respect to one (1) or more of the additional areas in accordance with sections 15, 16, and 17 of this chapter.

(i) The redevelopment commission may amend the allocation provision of a declaratory resolution in accordance with sections 15, 16, and 17 of this chapter to change the assessment date that determines the base assessed value of property in the allocation area to any assessment date following the effective date of the allocation provision of the declaratory resolution. Such a change may relate to the assessment date that determines the base assessed value of that portion of the allocation area that is located in the redevelopment project area alone, that portion of the allocation area that is located in an additional area alone, or the entire allocation area.

As added by P.L.170-1990, SEC.1. Amended by P.L.12-1992, SEC.169; P.L.185-2005, SEC.12; P.L.146-2008, SEC.726; P.L.203-2011, SEC.5; P.L.119-2012, SEC.206; P.L.104-2022, SEC.187; P.L.236-2023, SEC.174.
Ind. Code § 36-5-2-6.5 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-6.5
Circumstances creating a vacancy on the town council
Status: in_force

Sec. 6.5. A vacancy on the legislative body is created whenever any of the following circumstances occur:

(1) A member resigns.

(2) A member dies.

(3) A member ceases to be a resident of the town or district as set forth in section 6 of this chapter.

As added by P.L.174-2002, SEC.5.
Ind. Code § 36-3-5-9 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-9
Standard forms for use in transaction of business
Status: in_force

Sec. 9. The controller shall furnish standard forms for use in the:

(1) transaction of business; and

(2) performance of services for which the consolidated city or county receives a specific fee.

As added by P.L.227-2005, SEC.27.
Ind. Code § 36-2-2-7 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-7
Disqualification of executive in quasi-judicial proceeding; appointment of special members
Status: in_force

Sec. 7. (a) If the executive finds that two (2) or more of its members are disqualified from acting in a quasi-judicial proceeding, the disqualified members shall cease to act in that proceeding. Within ten (10) days after the finding, the county auditor shall send a certified copy of the record of the proceeding to the judge of the circuit court, superior court, or probate court for the county. If the judge affirms the disqualification of the members of the executive, the judge shall appoint disinterested and competent persons to serve as special members of the executive in the proceeding.

(b) A person who consents to serve as a special member of the executive must have the same qualifications as an elected member of the executive. The person's appointment and oath shall be filed with the county auditor and entered on the records of the executive, and the person may act with the other members of the executive conducting the proceeding until a final determination is reached.

[Pre-Local Government Recodification Citations: 17-2-23-1; 17-2-23-2; 17-2-23-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.84-2016, SEC.165.
Ind. Code § 36-10-7.5-3.5 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-3.5
"Park governor" defined
Status: in_force

Sec. 3.5. As used in this chapter, "park governor" means the following:

(1) The executive, if a township park and recreation board is not established under section 5.5 of this chapter.

(2) The township park and recreation board, if a township park and recreation board is established under section 5.5 of this chapter.

As added by P.L.271-1993, SEC.5.
Ind. Code § 36-9-27-20 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-20
Drains located in municipalities or sanitary districts; relinquishment of jurisdiction by board
Status: in_force

Sec. 20. A board may, by resolution, relinquish its jurisdiction over ditches and drains located in a municipality or a sanitary district, if that jurisdiction is accepted by the municipality or sanitary district.

[Pre-Local Government Recodification Citation: 19-4-1-3.5.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-30-9 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-9
Powers of reuse authority
Status: in_force

Sec. 9. (a) The military base reuse authority may do the following:

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

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

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

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

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

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

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

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

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

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

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

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

(11) Exercise the power of eminent domain in the name of and within the corporate boundaries of the unit in the manner prescribed by section 16 of this chapter.

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

(13) Appoint clerks, guards, laborers, and other employees the reuse authority considers advisable. However, the appointments must be made in accordance with the merit system of the unit if the unit has a merit system.

(14) Prescribe the duties and regulate the compensation of employees of the military base reuse authority.

(15) Provide a pension and retirement system for employees of the military base reuse authority, or use the public employees' retirement fund or a retirement plan approved by the United States Department of Housing and Urban Development.

(16) Discharge and appoint successors to employees of the military base reuse authority subject to subdivision (13).

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

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

(19) Expend on behalf of the special taxing district all or any part of the money of the special taxing district.

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

(A) Local public improvements or structures that are necessary for the reuse of military base property within the corporate boundaries of the unit.

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

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

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

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

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

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

(A) in direct support of:

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

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

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

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

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

(26) Take any action necessary to implement the purposes of the reuse authority.

(b) All powers that may be exercised under this chapter by the reuse authority may also be exercised by the reuse authority in carrying out its duties and purposes under IC 36-7-14.5 or IC 36-7-15.3.

As added by P.L.26-1995, SEC.14. Amended by P.L.95-2014, SEC.6.
Ind. Code § 36-9-27-83 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-83
Subcontractors, laborers, or other persons; claims
Status: in_force

Sec. 83. (a) A subcontractor, laborer, or other person may file a claim with the board if:

(1) at the request of a contractor, the subcontractor, laborer, or other person has performed any work or other service or has furnished any material used under the contract; and

(2) the subcontractor, laborer, or other person has not been paid.

The claim must be filed within sixty (60) days after the performance of the work or service or the furnishing of the material, and must state the amount due and describe the work done or materials furnished. The board shall withhold the amount of the claim from the final payment due the contractor unless the claimant files a written withdrawal of the claim with the board.

(b) If, sixty (60) days after acceptance of the work by the surveyor, the contractor files with the board a written acknowledgment of the correctness of all claims, and if the amount withheld by the board is sufficient to pay all claims, the board shall have the claims paid out of the amount withheld from the contractor and shall pay the balance remaining to the contractor.

(c) If the contractor does not file an acknowledgment under subsection (b), or if there is not a sufficient amount withheld to pay all claims, the board shall interplead all claimants and the contractor in the circuit or superior court of the county in which the board is located and have the amount of the claims, or the amount withheld by the board, whichever is smaller, paid into court. The board is then discharged from liability.

(d) This section does not relieve the surety on the contractor's bond from liability under its obligation as set forth in the bond.

[Pre-Local Government Recodification Citation: 19-4-7-8 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.361.