Ind. Code § 36-9-27-97.5 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-97.5
Construction loans; terms; deposit of proceeds; interest on loan
Status: in_force

Sec. 97.5. (a) Whenever the board determines by resolution spread upon its minutes that the cost of constructing or reconstructing a particular drain is an amount that the owners of land to be assessed may conveniently pay in installments over a ten (10) year period, it may ask the county fiscal body to:

(1) obtain a loan from a bank, trust company, savings association, or savings bank authorized to engage in business in the county; or

(2) obtain funds in the manner prescribed by IC 36-2-6-18, IC 36-2-6-19, and IC 36-2-6-20;

to finance that construction or reconstruction.

(b) A loan obtained under this section:

(1) must have a fixed or variable interest rate;

(2) must mature within eleven (11) years after the day it is obtained;

(3) shall be repaid from installments collected from assessments of landowners over a ten (10) year period;

(4) is not subject to the provisions of section 94 of this chapter that concern interest; and

(5) is not subject to the penalty provisions under IC 6-1.1-37-10 if the installments are timely paid.

(c) A construction loan fund is established for each construction or reconstruction project loan that the board and the county fiscal body authorize under this section. A construction loan fund consists of all payments received from the owners assessed for the construction or reconstruction project and may be used only to repay the associated loan. If money remains in a construction loan fund after the associated loan is paid in full, the remaining money in the fund may be transferred to the general drain improvement fund.

(d) A county auditor shall maintain a separate ledger sheet for each construction loan fund established under subsection (c) and record on the separate ledger sheet all payments of principal and interest received from the owners assessed for the associated construction or reconstruction project.

(e) A county auditor shall deposit all payments of principal and interest received from the owners assessed for a construction or reconstruction project in the associated construction loan fund.

(f) The board shall determine whether interest on the loan is to be a part of the final assessment under section 84(a) of this chapter.

(g) Notwithstanding section 85(c) of this chapter, interest on the loan may be charged back to the benefited landowner at a rate that is set in accordance with subsection (b).

As added by P.L.371-1983, SEC.2. Amended by P.L.76-1989, SEC.8; P.L.79-1998, SEC.110; P.L.255-2017, SEC.55; P.L.157-2026, SEC.280.
Ind. Code § 36-8-7-12 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-12
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-1-37-14.]

As added by Acts 1981, P.L.309, SEC.57. Amended by Acts 1982, P.L.214, SEC.3; P.L.364-1983, SEC.4; P.L.342-1985, SEC.3. Repealed by P.L.196-1988, SEC.5.
Ind. Code § 36-1-11-2 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-2
Definitions
Status: in_force

Sec. 2. The following definitions apply throughout this chapter:

(1) "Disposal" means sale, exchange, transfer, or lease of property.

(2) "Disposing agent" means the board or officer of a political subdivision or agency having the power to award contracts for which public notice is required, with respect to property of the political subdivision or agency.

(3) "Key number" has the meaning set forth in IC 6-1.1-1-8.5.

(4) "Operating agreement" has the meaning set forth in IC 5-23-2-7.

(5) "Person" means any association, corporation, limited liability company, fiduciary, individual, joint venture, partnership, sole proprietorship, or any other legal entity.

(6) "Property" means all fixtures and real property to be included in a disposal.

(7) "Tract" has the meaning set forth in IC 6-1.1-1-22.5.

[Pre-Local Government Recodification Citations: 17-2-47-8 part; 17-4-15-1 part; 18-4-5-6 part; 19-6-2-38 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.60-1988, SEC.23; P.L.82-1995, SEC.8; P.L.49-1997, SEC.70.
Ind. Code § 36-7-11.2-64 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-64
Judicial review
Status: in_force

Sec. 64. A final determination by the commission is subject to judicial review in the same manner and subject to the same limitations as a final decision of a board of zoning appeals under IC 36-7-4. However, notwithstanding IC 36-7-4-1609, upon notice of the filing of the petition for judicial review, all proceedings and work on the subject premises are automatically stayed.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-21(a), (b), (c), (d), (f).]

As added by P.L.1-1995, SEC.83. Amended by P.L.126-2011, SEC.66.
Ind. Code § 36-7-19-5 — Indiana Code / Title 36 / Article 7 / Chapter 19 / Section 36-7-19-5
Resolutions authorizing exercise of powers
Status: in_force

Sec. 5. A political subdivision may exercise the powers granted by this chapter if authorized by a resolution of its fiscal body. The resolution takes effect immediately and need not be laid over, published, or posted.

[Pre-Local Government Recodification Citation: 18-7-12-7.]

As added by Acts 1981, P.L.309, SEC.38.
Ind. Code § 36-7-4-706 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-706
Subdivision control; application for primary approval; notice of hearing
Status: in_force

Sec. 706. After the staff has announced a date for a hearing before the plan commission or plat committee, it shall:

(1) notify the applicant in writing;

(2) give notice of the hearing by publication in accordance with IC 5-3-1; and

(3) provide for due notice to interested parties at least ten (10) days before the date set for the hearing. The plan commission shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.

[Pre-Local Government Recodification Citations: 18-4-8-3 part; 18-7-2-51 part; 18-7-4-706; 18-7-4-57 part; 18-7-5-48 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.38; Acts 1982, P.L.211, SEC.10.
Ind. Code § 36-12-2-11 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-11
Library board serving district created in one county; appointments
Status: in_force

Sec. 11. (a) This section applies to the appointment of members to the library board of a public library serving a library district that is located in one (1) county and:

(1) has been established by a county or merged into a county public library;

(2) results from the merger of a public library into a county public library under IC 36-12-4;

(3) is located in part or all of two (2) or more townships and is not entirely located within the boundaries of one (1) municipality; or

(4) is located in part or all of two (2) or more municipalities.

(b) Subject to subsection (c), in a public library described in subsection (a), the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:

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

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

(c) This subsection applies to a county containing only two (2) Class 1 public libraries and having a population of more than one hundred thirty thousand (130,000) and less than one hundred thirty-nine thousand (139,000), or more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000). In a public library that is the result of a merger occurring after December 31, 1979, between a public library and a county contractual public library, the appointments under section 9(4) and 9(5) of this chapter shall be made as follows:

(1) One (1) member appointed by the executive of the municipality in which the principal administrative offices of the public library are located.

(2) One (1) member appointed by the legislative body of the municipality in which the principal administrative offices of the public library are located.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-6.]

As added by P.L.1-2005, SEC.49. Amended by P.L.119-2012, SEC.248; P.L.104-2022, SEC.228.
Ind. Code § 36-9-38-25 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-25
Appraisers; qualification for appointment
Status: in_force

Sec. 25. A person appointed as an appraiser under this chapter must be:

(1) a disinterested licensed real estate broker; or

(2) a disinterested licensed appraiser under IC 25-34.1.

As added by P.L.98-1993, SEC.9. Amended by P.L.113-2006, SEC.22.
Ind. Code § 36-7-30-26 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-26
Resolution to modify definition of property taxes
Status: in_force

Sec. 26. (a) As used in this section, "depreciable personal property" refers to:

(1) all or any part of the designated taxpayer's depreciable personal property that is located in the allocation area; and

(2) all or any part of the other depreciable property located and taxable on the designated taxpayer's site of operations within the allocation area;

and that is designated as depreciable personal property for purposes of this section by the reuse authority in a declaratory resolution adopted or amended under section 10 or 13 of this chapter.

(b) As used in this section, "designated taxpayer" means a taxpayer designated by the reuse authority in a declaratory resolution adopted or amended under section 10 or 13 of this chapter, and with respect to which the reuse authority finds that taxes to be derived from the depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of the personal property, are needed to pay debt service or provide security for bonds issued or to be issued under section 18 of this chapter or make payments or provide security on leases payable or to be payable under section 19 of this chapter in order to provide local public improvements or structures for a particular allocation area.

(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 25(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property located and taxable on the site of operations of the designated taxpayers in accordance with the procedures and limitations set forth in this section and section 25 of this chapter. If such a modification is included in the resolution, for purposes of section 25 of this chapter, the term "base assessed value" with respect to the depreciable personal property means, subject to section 25(i) of this chapter, the net assessed value of all the depreciable personal property as finally determined for the assessment date immediately preceding the adoption date of the modification, as adjusted under section 25(b) of this chapter.

As added by P.L.26-1995, SEC.14. Amended by P.L.214-2019, SEC.48; P.L.257-2019, SEC.138.
Ind. Code § 36-7-41-4 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-4
Member designation
Status: in_force

Sec. 4. A member of the commission may designate an individual to serve on the commission in the member's place.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-7-5.1-15 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-15
Acceptance of gifts, donations, and grants; deposit; use
Status: in_force

Sec. 15. (a) A commission may accept gifts, donations, and grants from private or governmental services for commission purposes. The commission shall deposit money that it receives under this section in a joint district fund (or other suitable fund). The commission shall keep these funds available for expenditures for the purpose designated.

(b) The commission shall prepare and adopt an annual budget and submit it to the joint district council for approval or revision. If the joint district council does not consider the budget within thirty (30) days after submission of the budget, the budget is considered approved by the joint district council. After approval of the budget, money may be expended only as budgeted, or as provided in this section for the use of unexpended or unencumbered funds.

(c) Any appropriated amounts remaining unexpended or unencumbered at the end of the fiscal year become part of a nonreverting cumulative joint district fund (or other suitable fund that the commission may establish) to be held in the name of the commission. The commission may authorize unbudgeted expenditures from this fund.

(d) A commission is responsible for the safekeeping and deposit of money it receives under this chapter. The state board of accounts shall prescribe the methods and forms for keeping the accounts, records, and books of the commission and shall periodically audit the commission.

(e) The secretary of the commission may receive, disburse, and handle money belonging to the commission, subject to applicable statutes and to any procedures that the commission may establish.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-10-9-2 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Board" refers to a capital improvement board of managers created under this chapter.

"Bonds" means bonds issued under section 12 or section 15 of this chapter and, except as used in section 12 of this chapter or unless the context otherwise requires, lease agreements entered into under section 6(15) of this chapter.

"Excise taxes" refers to the excise taxes imposed by IC 6-9-8, IC 6-9-12, and IC 6-9-13.

"Issue", "issued", or "issuance" means in the case of lease agreements "execute", "executed", or "execution" respectively.

"Lease agreements" means lease agreements entered into under section 6(15) of this chapter.

"Net income" means the gross income from the operation of a capital improvement after deducting the necessary operating expenses of the board.

"Notes" means notes issued under section 21 of this chapter.

"Operating expenses" means:

(1) the necessary operational expenses of the board in performing its duties under this chapter, including maintenance, repairs, replacements, alterations, and costs of services of architects, engineers, accountants, attorneys, and consultants;

(2) the expenses for any other purpose that has been approved under section 8 of this chapter; and

(3) the maintenance of reasonable reserves for any of the items listed in subdivisions (1) and (2) of this definition or for other purposes required under a resolution, ordinance, or trust agreement.

"Principal and interest" or "principal on and interest of" includes, unless the context otherwise requires, payments required by lease agreements.

"Pre-1981 general obligation bonds" means general obligation bonds issued before January 1, 1981.

"Trust agreements", except as used in section 13 of this chapter or unless the context otherwise requires, includes lease agreements.

As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.82-1985, SEC.9.
Ind. Code § 36-1.5-1-4 — Indiana Code / Title 36 / Article 1.5 / Chapter 1 / Section 36-1.5-1-4
Exercise of power to reorganize without complying with other laws; exercise of powers after reorganization
Status: in_force

Sec. 4. A political subdivision:

(1) may exercise the powers granted under this article to reorganize or enter into cooperative agreements without complying with the provisions of any other law, statute, or rule; and

(2) may, after the reorganization, exercise any power described in IC 36-1.5-4-38.

As added by P.L.186-2006, SEC.4. Amended by P.L.255-2013, SEC.4.
Ind. Code § 36-1-9.5-53 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-53
Application of prequalification requirements; subcontractors' qualification
Status: in_force

Sec. 53. (a) The prequalification requirements of this section do not apply to the following:

(1) Professional services.

(2) Hauling materials or supplies to or from a job site.

(3) Concession contracts.

(b) If an entity determines that qualification is required under this chapter for a particular contract, it is unlawful for a successful bidder on the contract to enter into a subcontract with any other person involving the performance of any part of any work upon which the bidder may be engaged for the entity in an amount greater than one hundred thousand dollars ($100,000) unless the subcontractor has been properly qualified under the terms of this chapter for the work sublet to the subcontractor. However, the entity may reduce this amount based on the subcontractor's performance with the entity and others.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-6-1.7-13 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-13
Criteria determining whether a township will merge or reorganize
Status: in_force

Sec. 13. A designated township:

(1) that satisfies the criteria specified in section 9(c) of this chapter shall reorganize in accordance with IC 36-1.5-4.1; and

(2) that does not satisfy the criteria specified in section 9(c) of this chapter shall, except as otherwise provided, merge with another township in accordance with section 14 of this chapter.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-7-39-13 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-13
Expiration
Status: in_force

Sec. 13. This chapter expires June 30, 2031.

As added by P.L.58-2021, SEC.1.
Ind. Code § 36-7-23-15 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-15
Officers of board of directors
Status: in_force

Sec. 15. The members shall elect:

(1) a chair;

(2) a vice chair;

(3) a secretary; and

(4) other officers determined to be necessary for the board to function;

at the first meeting of the board in January of each year.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.14; P.L.127-2017, SEC.217.
Ind. Code § 36-7-2-9 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-9
Compliance with code of building laws and orders
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. 9. Each unit shall require compliance with:

(1) the code of building laws and fire safety laws that is adopted in the rules of the fire prevention and building safety commission under IC 22-13;

(2) orders issued under IC 22-13-2-11 that grant a variance to the code of building laws and fire safety laws described in subdivision (1);

(3) orders issued under IC 22-12-7 that apply the code of building laws described in subdivision (1);

(4) IC 22-15-3-7; and

(5) a written interpretation of a building law and fire safety law binding on the unit under IC 22-13-5-3 or IC 22-13-5-4.

As added by P.L.245-1987, SEC.19. Amended by P.L.71-1999, SEC.3; P.L.22-2005, SEC.50.
Ind. Code § 36-9-3-28 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-28
Audits; accounting forms and records
Status: in_force

Sec. 28. The state board of accounts shall:

(1) audit the records of the authority; and

(2) prescribe or approve all accounting forms and records used by the authority.

[Pre-Local Government Recodification Citation: 19-5-2.5-24.]

As added by Acts 1981, P.L.309, SEC.76.
Ind. Code § 36-7-32-14 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-14
Marketing responsibilities
Status: in_force

Sec. 14. The office shall market the certified technology park. The office and a redevelopment commission may contract with each other or any third party for these marketing services.

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.4-2005, SEC.147; P.L.145-2025, SEC.14.
Ind. Code § 36-12-11-21 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-21
Disciplinary proceedings; ultimate authority
Status: in_force

Sec. 21. (a) IC 4-21.5 applies to proceedings to discipline a practitioner under this chapter.

(b) The board is the ultimate authority under IC 4-21.5.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-21.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-31-10 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-10
Revenue bonds of consolidated city
Status: in_force

Sec. 10. (a) The board may recommend to the city-county legislative body that it finance the cost of facilities for waste disposal by borrowing money and issuing revenue bonds from time to time under this section.

(b) The issuance of revenue bonds must be authorized by ordinance of the legislative body.

(c) The revenue bonds are special obligations of the consolidated city and are payable solely from and secured by a lien upon the revenues of all or part of the facilities whether or not the facilities are being financed with revenue bonds under this section, as shall be more fully described in the ordinance authorizing the issuance of the revenue bonds. The ordinance may pledge and assign for the security of the revenue bonds all or part of the revenues or net revenues of the facilities.

(d) The revenue bonds, and interest on them, are not a debt of the consolidated city or the board, nor a charge, lien, or encumbrance, legal or equitable, upon property of the board or the city, or upon the revenues of the board other than those revenues of the facilities that have been pledged to the payment of the revenue bonds. Every revenue bond must recite in substance that the revenue bond, including interest, is payable solely from the revenues pledged to its payment, and that neither the board nor the city is under any obligation to pay it, except from those revenues.

(e) In order that the payment of the revenue bonds and the interest on them be adequately secured, the consolidated city and its officers, agents, and employees shall provide for such covenants and do such other acts and things that may be necessary, convenient, or desirable in order to secure the revenue bonds or that may tend to make the revenue bonds more marketable.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-10-8-17 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-17
Bonds; application of proceeds to construction cost; deposit in reserve subaccount
Status: in_force

Sec. 17. (a) All money received from any bonds issued under this chapter shall be applied solely to the payment of the construction cost of the capital improvement for which the bonds are issued. The cost may include:

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

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

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

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

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

(6) interest during construction.

(b) To the extent authorized and directed in any resolution of the board or in any trust agreement providing for the issuance of bonds under section 14 of this chapter, proceeds of these bonds may be deposited in the reserve subaccount of the capital improvement bond fund established under section 13 of this chapter. However, the amount deposited, when added to any amount in that subaccount, may not exceed the maximum amount required to be in the subaccount by section 14 of this chapter, taking into consideration the bonds then being issued.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-6-1.7-4 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-4
"New township government"
Status: in_force

Sec. 4. As used in this chapter, "new township government" means the township government that results from the merger of at least two (2) township governments under this chapter using the procedure set forth in IC 36-6-1.5.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-9-36-26 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-26
Repairs by contractor
Status: in_force

Sec. 26. (a) If repairs become necessary, the unit must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the unit may do the following:

(1) Make the repairs using the unit's own employees or an independent contractor.

(2) Recover from the contractor and the contractor's sureties the reasonable cost of the repairs and the cost of the supervision and inspection of the repairs.

(b) At the expiration of the guarantee period, the unit has sixty (60) days in which to notify the contractor of any necessary repairs.

(c) This subsection does not apply to a county. If the repairs necessary to be made at the expiration of the guarantee period amount to more than one-half (1/2) the surface of one (1) block, the entire pavement of the block shall be taken up and relaid in accordance with the original specifications.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-27-109 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-109
Judicial review; evidence; filing requirements
Status: in_force

Sec. 109. (a) All petitions, evidence, requests, and other documents required to be filed with the board under this chapter, including all material and documents of every kind prepared by the county surveyor or on the surveyor's behalf, shall be filed in the office of the surveyor, who shall receive them for the board. The surveyor shall:

(1) mark each document filed, showing the date it was received; and

(2) record the fact of filing, designating the nature of the document and by whom it was filed, in a journal maintained for that purpose.

(b) The county surveyor shall maintain the documents described in subsection (a) in permanent files under the name of each regulated drain in the county. These copies shall be made available to the trial court, the supreme court, or the court of appeals in any proceedings pending under sections 106, 107, and 108 of this chapter.

(c) The county surveyor shall maintain a copy of each document described in subsection (a) for the use of the board.

(d) Whenever this chapter permits the filing of written evidence with the board, that evidence shall be subscribed to under oath by the person or persons having knowledge of the facts contained in the evidence.

[Pre-Local Government Recodification Citation: 19-4-1-8.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.12; P.L.3-1989, SEC.233.
Ind. Code § 36-1-29.5-8 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-8
Establishment of a workforce retention and recruitment program; incentive agreement
Status: in_force

Sec. 8. (a) The executive of a unit may by resolution or executive order establish a workforce retention and recruitment program for the purposes of recruiting and retaining individuals who will satisfy the current and future workforce needs of the unit's employers or provide substantial economic impact to the unit, including providing incentives in the form of grants or loans to qualified workers.

(b) A program must require each qualified worker who receives a grant or loan from the fund to enter into an incentive agreement with the workforce fund managers. An incentive agreement must include the following terms:

(1) The duration of time each qualified worker agrees to reside within the unit following the date specified in the agreement.

(2) A penalty clause if a qualified worker fails to fulfill the terms of the agreement.

However, the workforce fund managers may waive a penalty under subdivision (2) regarding any part of a grant or loan that the qualified worker may have received and that is due under the incentive agreement.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-9-41-5 — Indiana Code / Title 36 / Article 9 / Chapter 41 / Section 36-9-41-5
Payments
Status: in_force

Sec. 5. (a) The political subdivision shall appropriate an amount for and levy a tax each year sufficient to pay the political subdivision's obligation under the note according to its terms.

(b) An obligation of a political subdivision under a note executed under this chapter is a valid and binding obligation of the political subdivision, notwithstanding any tax limitation, debt limitation, bonding limitation, borrowing limitation, or other statute to the contrary.

As added by P.L.81-2004, SEC.47. Amended by P.L.164-2019, SEC.10.
Ind. Code § 36-9-39-30 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-30
Sewage works through cemeteries; purchase or condemnation of rights-of-way; assessments prohibited; removal of bodies; record
Status: in_force

Sec. 30. (a) Except as provided in subsection (b), if the municipal works board finds it necessary to extend any sewage works through or adjacent to a lot or parcel of land held or used for cemetery purposes, the municipality may purchase or condemn all rights-of-way necessary for the extension.

(b) A lot or parcel of land held or used for cemetery purposes may not be assessed for the construction of the sewage works. The cost of the sewage works that would otherwise be assessable against the lot or parcel of land shall be assessed against and paid by the municipality.

(c) If the municipality acquires a right-of-way under this section by condemnation, an owner of property or valuable interests sought to be taken or to be injuriously affected who is unknown may be designated as unknown upon the list required by the statute governing municipal condemnation proceedings and in all subsequent steps in the proceedings, including notice by publication.

(d) If a body remains buried within the limits of a right-of-way acquired under this section, the friends or relatives of the decedent shall promptly remove the body. If the friends or relatives fail to remove the body, the works board shall have the body removed and decently buried in a public cemetery before proceeding with construction in the right-of-way. The works board shall do the following:

(1) Plainly mark in an appropriate manner the place of burial and the names of the persons buried, if known.

(2) Enter the place of burial in the records of the works board.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-4-3-19 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-19
Disannexation; certified transcript of proceedings; list of lots affected; certified judgment; effective date of disannexation
Status: in_force

Sec. 19. (a) If disannexation is ordered under this chapter by the works board of a municipality and no appeal is taken, the clerk of the municipality shall, without compensation and not later than ten (10) days after the order is made, make and certify a complete transcript of the disannexation proceedings to the auditor of each county in which the disannexed lots or lands lie and to the office of the secretary of state. The county auditor shall list those lots or lands appropriately for taxation. The proceedings of the works board shall not be certified to the county auditor or to the office of the secretary of state if an appeal to the circuit court has been taken.

(b) In all proceedings begun in or appealed to the circuit court, if vacation or disannexation is ordered, the clerk of the court shall immediately after the judgment of the court, or after a decision on appeal to the supreme court or court of appeals if the judgment on appeal is not reversed, certify the judgment of the circuit court, as affirmed or modified, to each of the following:

(1) The auditor of each county in which the lands or lots affected lie, on receipt of one dollar ($1) for the making and certifying of the transcript from the petitioners for the disannexation.

(2) The office of the secretary of state.

(3) The circuit court clerk of each county in which the lands or lots affected are located.

(4) The county election board of each county in which the lands or lots affected are located.

(5) If a board of registration exists, the board of each county in which the lands or lots affected are located.

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

(c) The county auditor shall forward a list of lots or lands disannexed under this section to the following:

(1) The county highway department of each county in which the lands or lots affected are located.

(2) The county surveyor of each county in which the lands or lots affected are located.

(3) Each plan commission, if any, that lost or gained jurisdiction over the disannexed territory.

(4) The township trustee of each township that lost or gained jurisdiction over the disannexed territory.

(5) The sheriff of each county in which the lands or lots affected are located.

(6) The office of the secretary of state.

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

(8) The department of local government finance, not later than August 1, in the manner described by the department.

(9) The state GIS officer (as defined in IC 4-23-7.3-10), not later than August 1, in the manner prescribed by the state GIS officer (as defined in IC 4-23-7.3-10).

The county auditor may require the clerk of the municipality to furnish an adequate number of copies of the list of disannexed lots or lands or may charge the clerk a fee for photoreproduction of the list.

(d) A disannexation described by this section takes effect upon the clerk of the municipality filing the order with:

(1) the county auditor of each county in which the annexed territory is located; and

(2) the circuit court clerk, or if a board of registration exists, the board of each county in which the annexed territory is located.

(e) The clerk of the municipality shall notify the office of the secretary of state and the office of census data established by IC 2-5-1.1-12.2 of the date a disannexation is effective under this chapter.

[Pre-Local Government Recodification Citation: 18-5-10-53.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.218-1986, SEC.1; P.L.5-1989, SEC.99; P.L.7-1990, SEC.56; P.L.3-1997, SEC.455; P.L.248-1999, SEC.9; P.L.217-1999, SEC.9; P.L.212-2001, SEC.33; P.L.1-2002, SEC.158; P.L.113-2010, SEC.119; P.L.38-2021, SEC.83; P.L.104-2022, SEC.160; P.L.157-2026, SEC.233.
Ind. Code § 36-9-13-6.5 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-6.5
Withdrawal of municipal county seat from county building authority
Status: in_force

Sec. 6.5. (a) Notwithstanding section 6 of this chapter, the municipal county seat may withdraw from the building authority under this section.

(b) To withdraw from the building authority, the fiscal body of the municipality must do the following:

(1) Adopt a resolution that states all of the following:

(A) That the municipality withdraws from the building authority under this section.

(B) The effective date of the withdrawal.

(2) Send a copy of the resolution to each of the following not later than thirty (30) days before the effective date of the withdrawal:

(A) The county executive.

(B) The county fiscal body.

(c) The municipal clerk shall file the following in the county recorder's office for recording in the miscellaneous records:

(1) A copy of the resolution.

(2) The municipal clerk's affidavit showing the date of adoption of the resolution by the municipal fiscal body.

(d) If a resolution is adopted under this section, the following apply:

(1) The term of office of:

(A) the trustee serving under section 6(a)(1) of this chapter; and

(B) the trustee serving under section 6(a)(4) of this chapter;

expires on the effective date of the withdrawal stated in the resolution, notwithstanding section 6 of this chapter.

(2) The county fiscal body:

(A) shall appoint a trustee to replace the trustee serving under section 6(a)(1) of this chapter; and

(B) becomes the appointing authority of the trustee provided for under section 6(a)(1) of this chapter.

(3) The county executive:

(A) shall appoint a trustee to replace the trustee serving under section 6(a)(4) of this chapter; and

(B) becomes the appointing authority of the trustee provided for under section 6(a)(4) of this chapter.

(4) The rules and bylaws governing the procedure of the trustees before the withdrawal of the municipality remain in effect until amended by the trustees after withdrawal of the municipality.

(e) Withdrawal of a municipality under this section does not affect any:

(1) liabilities incurred by; or

(2) benefits that accrue to;

the municipality due to its representation on the board before the effective date of the withdrawal.

(f) If the building authority has any bonds or other obligations outstanding, a municipality may not withdraw from the building authority if the withdrawal will impair the ability of the building authority to pay the bonds or other obligations.

As added by P.L.11-2018, SEC.1.
Ind. Code § 36-8-3.2-6 — Indiana Code / Title 36 / Article 8 / Chapter 3.2 / Section 36-8-3.2-6
Additional standards
Status: in_force

Sec. 6. An appointing authority may establish additional standards as a condition of employment. Any standards established under this section are in addition to the standards required by IC 36-8-8-19 and the standards identified in section 3 or 3.5 of this chapter.

As added by P.L.4-1992, SEC.29.
Ind. Code § 36-9-25-38 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-38
Construction of sewers connecting with sewage works
Status: in_force

Sec. 38. After the erection and completion of sewage works under this chapter, any municipality within the boundaries of the district shall construct and maintain sewers so that they directly or indirectly convey all sewage and drainage matter into the sewage works.

[Pre-Local Government Recodification Citation: 19-2-14-29.]

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-10-7.5-2 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-2
"Department" defined
Status: in_force

Sec. 2. As used in this chapter, "department" refers to a department of parks and recreation created under section 5 of this chapter.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.4.
Ind. Code § 36-9-13-9 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-9
Trustees; meetings to elect officers and appoint board of directors
Status: in_force

Sec. 9. (a) The first trustees of the building authority shall, within thirty (30) days after their appointment, meet at a time and place designated by the circuit court for the county for the purpose of electing officers. The trustees shall elect from among themselves a president, a vice president, and a secretary. Each of these officers shall serve from the day of the officer's election until the first Monday in January after the officer's election, and holds over until the officer's successor is elected and qualified.

(b) At the meeting under this section, the trustees shall also appoint the first board of directors of the building authority, in the manner prescribed by section 11 of this chapter.

(c) After appointing the first board of directors of the building authority, the trustees shall meet on the first Monday in January of each year for the purpose of:

(1) electing officers;

(2) appointing the directors of the building authority; and

(3) performing any other duties under this chapter.

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

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.127-2017, SEC.304.
Ind. Code § 36-9-40-9 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-9
Works board conduct of hearing; limitation on further action
Status: in_force

Sec. 9. (a) At the hearing specified in the notice under section 7 of this chapter, the works board shall do the following:

(1) Hear interested persons.

(2) Decide whether the benefits that will accrue to the property liable to be assessed for construction of the system will equal the maximum estimated cost of construction of the system.

(3) Determine the assessment against the property on which the system is constructed in an amount that does not exceed the engineer's estimate under section 8 of this chapter.

(b) If the works board finds that the benefits will not equal the maximum estimated cost of construction of the system, the board shall take no further action.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-6-4.5-8 — Indiana Code / Title 36 / Article 6 / Chapter 4.5 / Section 36-6-4.5-8
County fiscal body; petitioning court; public hearing; resolution
Status: in_force

Sec. 8. (a) Upon receiving a resolution certified by the county executive under section 7 of this chapter, the county fiscal body may adopt a resolution to initiate the process of petitioning a court to remove the township executive from office under IC 5-8-1-35.

(b) At least one (1) public hearing must be held by the county fiscal body on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county fiscal body's finding that the township executive committed a violation. The finding and statement of underlying basic facts supporting the finding must be identical to those in the resolution adopted by the county executive.

(c) The resolution must be adopted by an affirmative vote of at least:

(1) five (5) members, in the case of a county fiscal body under IC 36-2-3-2(a);

(2) seven (7) members, in the case of a county fiscal body under IC 36-2-3-2(b); or

(3) seventeen (17) members, in the case of a county fiscal body of a county that has a consolidated city under IC 36-3-4-2.

(d) The county fiscal body shall certify the resolution to:

(1) the county executive;

(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 resolution is adopted, or the resolution is void.

As added by P.L.24-2022, SEC.6.
Ind. Code § 36-10-7.5-5.5 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-5.5
Township park and recreation board
Status: in_force

Sec. 5.5. (a) In a township having a department of parks and recreation established under section 5 of this chapter, the executive may establish a township park and recreation board.

(b) A township park and recreation board established under this section consists of:

(1) the executive; and

(2) three (3) persons appointed by the executive to serve at the pleasure of the executive.

(c) The executive or an appointed member of the township park and recreation board established under this section remains a member of the board until a successor is elected or appointed and qualified.

As added by P.L.271-1993, SEC.8.
Ind. Code § 36-3-3-7 — Indiana Code / Title 36 / Article 3 / Chapter 3 / Section 36-3-3-7
Investigation of work and reports; examination of records
Status: in_force

Sec. 7. The executive may investigate the work of those under the executive's supervision and require reports from them. The executive may examine any records of the consolidated city.

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

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.111.
Ind. Code § 36-8-5-4 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-4
Military leaves; overtime to cover vacancies
Status: in_force

Sec. 4. The safety board and the police and fire chiefs may require members of the police and fire departments to work overtime to cover the vacancies created by members on temporary leave of absence under section 3 of this chapter. For overtime work the police officers and firefighters shall be compensated at a rate of pay not exceeding the amount that would have been paid the regular members had they not left for military service or been assigned to government war work.

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

As added by Acts 1981, P.L.309, SEC.54.
Ind. Code § 36-9-30-16 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-16
Preliminary expenses; payment; procedure; reimbursement of fund
Status: in_force

Sec. 16. (a) All or part of the necessary preliminary expenses that are incurred by a board and must be paid before the issuance and delivery of revenue bonds under this chapter may be paid in the manner provided by this section.

(b) The board may certify the items of expense to the fiscal officer of the unit, who shall immediately draw a warrant or warrants to be paid out of the unappropriated part of the general fund of the unit, without a special appropriation being made. If the unit has no unappropriated money in its general fund, the fiscal officer shall recommend to the fiscal body of the unit:

(1) the temporary transfer from other funds of a sufficient amount to meet the items of expense; or

(2) the making of a temporary loan for that purpose.

The fiscal body shall immediately make the transfer or authorize the temporary loan.

(c) The fund or funds from which the payments are made shall be fully reimbursed and repaid out of the first proceeds of the sale of revenue bonds, and before any other disbursements are made from those proceeds. The amount advanced to pay preliminary expenses is a first charge against the proceeds resulting from the sale of the revenue bonds until it has been repaid.

[Pre-Local Government Recodification Citation: 19-2-1-10.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-9-39-26 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-26
Duties of fiscal officer
Status: in_force

Sec. 26. When the assessment roll has been delivered to the municipal fiscal officer, the municipal fiscal officer shall discharge the same duties in respect to the assessments as are prescribed by the statutes concerning street, alley, and other improvement assessments in the municipality.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-1-9.5-17 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-17
"Surety" defined
Status: in_force

Sec. 17. As used in this chapter, "surety" means a corporate body bound with and for the contractor for the following:

(1) The full and complete performance of the contract.

(2) The payment of all debts related to the work.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-11.2-50 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-50
Acceptance of money for administration
Status: in_force

Sec. 50. The commission may accept money from any source for use in administering this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-12.2.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-4-502 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-502
Comprehensive plan; contents
Status: in_force

Sec. 502. A comprehensive plan must contain at least the following elements:

(1) A statement of objectives for the future development of the jurisdiction.

(2) A statement of policy for the land use development of the jurisdiction.

(3) A statement of policy for the development of public ways, public places, public lands, public structures, and public utilities.

[Pre-Local Government Recodification Citations: 18-7-4-502; 18-7-4-33.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.27; P.L.335-1985, SEC.4.
Ind. Code § 36-1-9.5-39 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-39
Accepted net current assets; determination
Status: in_force

Sec. 39. An entity shall do the following in determining accepted net current assets:

(1) Deduct receivables excluding retainage from nongovernmental agencies more than one (1) year old.

(2) Consider notes due not later than one (1) year from the date of the financial statement date to be current liabilities.

(3) Deduct any notes due more than twelve (12) and less than twenty-four (24) months from the date of the financial statement from net fixed assets, and deduct the excess, if any, from the book value of the equipment and net current assets.

(4) Not deduct notes due more than twenty-four (24) months after the date of the financial statement for prequalification purposes.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-18-18 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-18
Property management; acquisition, ownership, and disposition of property
Status: in_force

Sec. 18. A housing authority may:

(1) lease or rent any land, buildings, structures, or facilities included in a housing project;

(2) fix the rentals or charges for property it rents or leases;

(3) own, hold, and improve real or personal property;

(4) acquire any interest in real or personal property in any manner, including the power of eminent domain;

(5) dispose of any interest in real or personal property in any manner;

(6) provide for the insurance of the property or operations of the authority against risks or hazards; and

(7) obtain from the federal government insurance or guarantees for the payment of any debts secured by mortgages on property included in a housing project, whether or not those debts were incurred by the authority.

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

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987, SEC.6.
Ind. Code § 36-8-8.5-17 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-17
Exemption from levy limits; taxes of civil taxing unit for pension benefits
Status: in_force

Sec. 17. (a) The ad valorem property tax levy limits imposed by IC 6-1.1-18.5 do not apply to ad valorem property taxes imposed by a civil taxing unit for a calendar year to pay pension benefits under section 12(c) of this chapter to the extent provided in subsection (b).

(b) For purposes of determining the property tax levy limit imposed on a civil taxing unit under IC 6-1.1-18.5, the civil taxing unit's ad valorem property tax levy for a calendar year does not include an amount equal to the amounts paid by the civil taxing unit for pension benefits in that calendar year under section 12(c) of this chapter, minus:

(1) the amount of pension relief distributions under IC 5-10.3-11-4, IC 5-10.3-11-4.5 (repealed effective January 1, 2009), and IC 5-10.3-11-4.7 to be received by the civil taxing unit in that calendar year that is attributable to pension benefits paid under section 12(c) of this chapter for that calendar year; and

(2) an amount equal to the percentage of the civil taxing unit's pension distributions that were relieved under IC 5-13-12-4 in the preceding calendar year, multiplied by the amount of pension benefits paid under section 12(c) of this chapter in that calendar year.

As added by P.L.62-2002, SEC.5. Amended by P.L.1-2009, SEC.170.
Ind. Code § 36-9-27.4-12 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-12
Investigation by county surveyor; duties of drainage board after receiving report of obstruction
Status: in_force

Sec. 12. (a) If a petition filed under this chapter alleges the obstruction of:

(1) a drain; or

(2) a natural surface watercourse;

the county surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists.

(b) If the county surveyor, upon investigation, finds an existing obstruction in a drain or natural surface watercourse in the location alleged in the petition, the county surveyor shall report the existence of the obstruction to the drainage board.

(c) Upon receiving a report from the county surveyor under subsection (b), the drainage board shall:

(1) set a date for a hearing on the petition; and

(2) serve notice of the hearing on each owner of the land on which the obstruction exists who can be identified in the records of the county recorder.

(d) The hearing must be held at least thirty (30) days but less than ninety (90) days after the date of the filing of the petition.

(e) Notice of a hearing must be mailed to each respondent with return receipt requested.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.18.
Ind. Code § 36-1-3.5-3 — Indiana Code / Title 36 / Article 1 / Chapter 3.5 / Section 36-1-3.5-3
Transfer to legislative bodies of cities in Lake County and St. Joseph County
Status: in_force

Sec. 3. (a) This section applies to cities in the following counties:

(1) Lake County.

(2) St. Joseph County.

(b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the city of Gary:

(1) Board of tenant concerns (formerly governed by IC 18-7-11.5).

(2) Regulation of sewers and drains (formerly governed by IC 19-2-11).

(3) Department of waterworks (formerly governed by IC 19-3-27).

(4) Benefits for certain municipal utility employees (formerly governed by IC 19-3-29).

(c) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the city of Gary, the city of Hammond, the city of South Bend, and the city of Mishawaka:

(1) Regulation of sewers and drains (formerly governed by IC 19-2-11).

(2) Department of waterworks (formerly governed by IC 19-3-27).

(3) Benefits for certain municipal utility employees (formerly governed by IC 19-3-29).

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.142; P.L.170-2002, SEC.133; P.L.119-2012, SEC.169.
Ind. Code § 36-7-2-8 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-8
Solar energy systems; ordinances; reasonable restrictions
Status: in_force

Sec. 8. (a) As used in this section, "solar energy system" means either of the following:

(1) any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, or for water heating; or

(2) any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of energy for space heating or cooling, or for water heating.

(b) A unit may not adopt any ordinance which has the effect of prohibiting or of unreasonably restricting the use of solar energy systems other than for the preservation or protection of the public health and safety.

(c) This section does not apply to ordinances which impose reasonable restrictions on solar energy systems. However, it is the policy of this state to promote and encourage the use of solar energy systems and to remove obstacles to their use. Reasonable restrictions on solar energy systems are those restrictions which:

(1) do not significantly increase the cost of the system or significantly decrease its efficiency; or

(2) allow for an alternative system of comparable cost and efficiency.

As added by Acts 1981, P.L.311, SEC.2.
Ind. Code § 36-7-11.3-6 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-6
"Notice" defined
Status: in_force

Sec. 6. As used in this chapter, "notice" means written notice:

(1) served personally upon the person, official, or office entitled to the notice; or

(2) served upon the person, official, or office by placing the notice in the United States mail, first class postage prepaid, properly addressed to the person, official, or office. Notice is considered served if mailed in the manner prescribed by this subdivision properly addressed to the following:

(A) The governor, both to the address of the governor's official residence and to the governor's executive office in Indianapolis.

(B) The Indiana department of transportation, to the commissioner.

(C) The department of natural resources, both to the director of the department and to the director of the department's division of historic preservation and archeology.

(D) The municipal plan commission.

(E) An occupant, to:

(i) the person by name; or

(ii) if the name is unknown, the "Occupant" at the address of the primary or secondary property occupied by the person.

(F) An owner, to the person by the name shown to be the name of the owner, and at the person's address, as appears in the records in the bound volumes of the most recent real estate tax assessment records as the records appear in:

(i) the offices of the township assessors (if any); or

(ii) the office of the county assessor.

(G) The society, to the organization at the latest address as shown in the records of the commission.

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

As added by P.L.1-1995, SEC.84. Amended by P.L.219-2007, SEC.123; P.L.146-2008, SEC.720.
Ind. Code § 36-10-9.2-5 — Indiana Code / Title 36 / Article 10 / Chapter 9.2 / Section 36-10-9.2-5
Use of facility to serve public health and welfare
Status: in_force

Sec. 5. If the proceeds of bonds or notes are used to reimburse any entity under section 2 of this chapter, the consolidated city shall, acting through a board or commission designated for that purpose, contract or make arrangements for the use of the facility to serve the public health and welfare.

As added by P.L.37-1988, SEC.42.
Ind. Code § 36-3-1-5 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-5
Officers of executive and legislative body; board of commissioners
Status: in_force

Sec. 5. (a) When a first class city becomes a consolidated city, the officers who become the executive and legislative body of the consolidated city under section 4(c) of this chapter also become the executive and legislative body of the county.

(b) The members of the board of commissioners of the county are entitled to remain in office until their terms expire, although the board is no longer the executive of the county. As their terms expire or their positions become vacant, they shall be replaced by the following officers in the following order:

(1) The county treasurer.

(2) The county auditor.

(3) The county assessor.

These three (3) officers then serve ex officio as commissioners under IC 36-3-3-10.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-1-2(h) part; 18-4-4-7 part; subsection (b) formerly 18-4-3-15 part; 18-4-4-7 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-7-7-11 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-11
Executive director; powers and duties
Status: in_force

Sec. 11. (a) The commission shall appoint an executive director who shall serve at the pleasure of the commission as reviewed and recommended by the executive board. The executive director must be qualified by training and experience in the management of public agencies and knowledgeable in planning.

(b) The executive director is the chief administrative officer and regular technical advisor of the commission. Subject to supervision by the commission, the executive director:

(1) shall execute the commission functions;

(2) shall appoint and remove the staff of the commission;

(3) shall submit to the commission annually, or more often if required, a status report on the operation of the agency;

(4) may, with the approval of the executive board, execute contracts, leases, or agreements on behalf of the commission with other persons;

(5) is entitled, upon the executive director's written request, to be given access by all governmental agencies to all studies, reports, surveys, records, and other information and material in their possession that are required by the executive director for the accomplishment of the activities and objectives of the commission;

(6) shall propose annually a budget for the operation of the commission and administer the budget as approved by the commission;

(7) shall keep the records and care for and preserve all papers and documents of the commission; and

(8) shall perform other duties and may exercise other powers that the commission or the executive board delegates to the executive director.

[Pre-Local Government Recodification Citation: 18-7-1.1-6.]

As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.127-2017, SEC.181.
Ind. Code § 36-9-30-28 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-28
Lease with option to purchase facilities; erection of facility on land owned by unit
Status: in_force

Sec. 28. A unit that wants to have solid waste disposal facilities erected on land owned or to be acquired by the unit may:

(1) sell that land to the lessor; or

(2) lease that land to the lessor for a nominal rental for the same period of years that the unit leases the facilities, and grant an option to the lessor to purchase the land within six (6) months after the termination of the lease of the facilities if the unit defaults under the terms of the lease and the lease is terminated.

If the option price on the land is not fixed in the original lease, the circuit court for the county shall appoint three (3) appraisers who reside in the unit to determine the price to be paid for the land under the option.

[Pre-Local Government Recodification Citation: 19-2-1-27.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-7-4-1010 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1010
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-2-81 part; 18-7-4-1010; 18-7-4-88 part; 18-7-5-92 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.55. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-2-19-3 — Indiana Code / Title 36 / Article 2 / Chapter 19 / Section 36-2-19-3
"Retracement or record document survey" defined
Status: in_force

Sec. 3. As used in this chapter, "retracement or record document survey" means a survey of real property that has been previously described in documents conveying an interest in that real property.

As added by P.L.76-1989, SEC.4.
Ind. Code § 36-4-6-0.1 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to sections 13 and 14 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.

As added by P.L.220-2011, SEC.652.
Ind. Code § 36-11-10-5 — Indiana Code / Title 36 / Article 11 / Chapter 10 / Section 36-11-10-5
No enforcement against subsequent owner unless lien recorded before conveyance; billing of rates and charges to seller
Status: in_force

Sec. 5. (a) A rate or charge is not enforceable as a lien against a subsequent owner of property unless the lien for the rate or charge was recorded with the county recorder before the conveyance to the subsequent owner.

(b) If the property is conveyed before the lien can be filed, the officer of the district who is charged with the collection of the rate or charge shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not less than fifteen (15) days after the date of the notice. If payment is not received within one hundred eighty (180) days after the date of the notice, the amount due may be expensed as a bad debt loss.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-12-10-1 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a municipal corporation that operates and maintains library facilities.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-1.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.48.
Ind. Code § 36-7-4-1612 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1612
Additional evidence; remand for additional factfinding or preparation of adequate record
Status: in_force

Sec. 1612. (a) The court may receive evidence, in addition to that contained in the board record for judicial review, only if the evidence relates to the validity of the zoning decision at the time the decision was made and is needed to decide disputed issues regarding one (1) or both of the following:

(1) Improper constitution as a decisionmaking body or grounds for disqualification of those making the zoning decision.

(2) Unlawfulness of procedure or of decisionmaking process.

This subsection applies only if the additional evidence could not, by due diligence, have been discovered and raised in the board proceeding giving rise to a proceeding for judicial review.

(b) The court may remand a matter to the board before final disposition of a petition for review with directions that the board conduct further factfinding or that the board prepare an adequate record, if:

(1) the board failed to prepare or preserve an adequate record;

(2) the board improperly excluded or omitted evidence from the record; or

(3) a relevant law changed after the zoning decision and the court determines that the new provision of law may control the outcome.

As added by P.L.126-2011, SEC.59.
Ind. Code § 36-8-16.8-10 — Indiana Code / Title 36 / Article 8 / Chapter 16.8 / Section 36-8-16.8-10
Eligibility; continuing education
Status: in_force

Sec. 10. A public safety telecommunicator must satisfy the continuing education requirement imposed under section 8(a)(2) of this chapter to remain eligible to work as a public safety telecommunicator.

As added by P.L.13-2022, SEC.2.
Ind. Code § 36-4-9-1 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-1
Application of chapter
Status: in_force

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

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.46.
Ind. Code § 36-7-11.3-21 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-21
Adoption of rules
Status: in_force

Sec. 21. The commission shall prepare, adopt, and promulgate the rules and regulations that are necessary, desirable, or convenient to the orderly administration of commission affairs and to the implementation of this chapter in accordance with the intent and purpose. The rules and regulations shall be made available in writing to any person requesting a copy.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-4.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-11-2-2 — Indiana Code / Title 36 / Article 11 / Chapter 2 / Section 36-11-2-2
Limits on assessment of fees
Status: in_force

Sec. 2. A district or local health department may not assess a periodic permit or inspection fee that exceeds the actual cost of the inspection incurred by the district or local health department on an onsite sewage system or an onsite residential sewage discharging disposal system (as defined in IC 13-11-2-144.7).

As added by P.L.160-2024, SEC.5.
Ind. Code § 36-7-26-11 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-11
"Local public improvement" defined
Status: in_force

Sec. 11. As used in this chapter, "local public improvement" means any redevelopment project or purpose of a commission or any city under this chapter or IC 36-7-14.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-1-29-1 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-1
Application of chapter; location
Status: in_force

Sec. 1. This chapter applies only in a county that is located along the shore of Lake Michigan.

As added by P.L.164-2020, SEC.64.
Ind. Code § 36-9-26-6 — Indiana Code / Title 36 / Article 9 / Chapter 26 / Section 36-9-26-6
Repealed
Status: repealed

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

As added by Acts 1981, P.L.309, SEC.100. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-7-23-34 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-34
Salaries; expenses of board, authority, employees, and consultants
Status: in_force

Sec. 34. The executive director must approve all accounts for salaries, allowable expenses of the board or of an employee or consultant, and the expenses incidental to the operation of the authority.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-4-8-11 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-11
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-20-2.]

As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.
Ind. Code § 36-1-2-5.5 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-5.5
"Federally recognized Indian tribe"
Status: in_force

Sec. 5.5. "Federally recognized Indian tribe" means an Indian tribe named on the list of Indian tribes recognized by the United States Secretary of the Interior published under 25 U.S.C. 5131.

As added by P.L.108-2019, SEC.243.
Ind. Code § 36-7-4-908 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-908
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-2-68; 18-7-4-908; 18-7-4-19 part; 18-7-5-21 part; 18-7-5-80.]

As added by Acts 1981, P.L.309, SEC.23. Repealed by Acts 1981, P.L.310, SEC.94.
Ind. Code § 36-12-2-7 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-7
Library board appointee; residency
Status: in_force

Sec. 7. (a) Except as provided in subsection (b), an appointee to a library board must:

(1) reside in the library district during the time the appointee is on the library board; and

(2) have resided in the library district served by the public library for at least the two (2) years immediately preceding the appointee's appointment to the library board.

(b) This subsection does not apply to a public library established by a county. If part or all of one (1) or more townships are contracting for service from a public library under IC 36-12-3-7, the appointing authority, in making an appointment under section 9(4) of this chapter, may name a resident of one (1) township to serve on the library board as the appointment of the appointing authority. However, the township appointee ceases to be a member of the library board if the township in which the appointee resides fails to renew the township's contract for library service.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-2.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-4-1336 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1336
Fee payer credits; petition to determine amount; proceeding before impact review board
Status: in_force

Sec. 1336. (a) If the parties cannot agree on the cost or fair market value under section 1335(d) of this chapter, the fee payer or the person constructing or providing the infrastructure or improvement may file a petition for determination of the amount of the credit with the unit's impact fee review board not later than thirty (30) days after the structural building permit is issued for the development on which the impact fee is imposed. A petition under this subsection may be made as part of an appeal proceeding under section 1334 of this chapter or may be made under this section.

(b) An impact fee review board shall prescribe the form of the petition for determination of the amount of a credit under this section. The board shall issue instructions for completion of the form. The form and the instructions must be clear, simple, and understandable to a lay person.

(c) An impact fee review board shall prescribe a form for a response by the applicable infrastructure agency to a petition under this section for determination of a credit amount. The board shall issue instructions for completion of the form.

(d) Immediately after receiving a timely filed petition under this section for determination of a credit amount, an impact fee review board shall provide a copy of the petition to the applicable infrastructure agency. Not later than thirty (30) days after receiving a copy of the petition, the infrastructure agency shall provide to the board a response on the form prescribed under subsection (c). The board shall immediately provide the petitioner with a copy of the infrastructure agency's response.

(e) The impact fee review board shall:

(1) review a petition and response filed under this section; and

(2) determine the amount of the credit not later than thirty (30) days after the response is filed.

(f) A fee payer aggrieved by a final determination of an impact fee review board under this section:

(1) may appeal to the circuit or superior court of the county in which the unit is located; and

(2) is entitled to a trial de novo.

As added by P.L.221-1991, SEC.37.
Ind. Code § 36-10-9.1-4 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-4
"Bonds" defined
Status: in_force

Sec. 4. As used in this chapter, "bonds" means bonds, notes, or other evidence of indebtedness.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-12-12-4 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-4
Approval or rejection of plan by appropriate fiscal body; hearing
Status: in_force

Sec. 4. (a) If the library board passes a resolution under section 3 of this chapter, not later than ten (10) days after passing the resolution the board shall transmit a certified copy of the plan to the appropriate fiscal body or fiscal bodies, whichever applies. The appropriate fiscal body is determined as follows:

(1) If the library district is located entirely within the corporate boundaries of a municipality, the appropriate fiscal body is the fiscal body of the municipality.

(2) If the library district is not described by subdivision (1) and the district is located entirely within the boundaries of a township, the appropriate fiscal body is the fiscal body of the township.

(3) If the library district is not described by subdivision (1) or (2), the appropriate fiscal body is the fiscal body of each county in which the library district is located.

(b) The appropriate fiscal body shall hold a public hearing on the plan not later than thirty (30) days after receiving a certified copy of the plan and either reject or approve the plan before August 1 of the year that the plan is received.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-6.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-8-4 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-4-b
Establishment of minimum housing standards; ordinances
Status: in_force

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

Sec. 4. (a) The legislative body of a county having a county department of buildings or a joint city-county building department may, by ordinance, adopt minimum housing standards for unincorporated areas of the county. These standards must be consistent with the rules of the department of homeland security.

(b) An ordinance adopted under this section applies to:

(1) residential buildings;

(2) residential parts of mixed occupancy buildings; and

(3) conversions of buildings from nonresidential to residential or partly residential.

(c) A municipality may elect, by ordinance, to make itself subject to an ordinance adopted under this section.

(d) This section does not affect IC 16-41-26.

[Pre-Local Government Recodification Citations: 17-2-72-1 part; 17-2-72-3; 17-2-72-6; 17-2-72-8.]

As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984, SEC.126; P.L.1-1996, SEC.86; P.L.152-2026, SEC.500.
Ind. Code § 36-12-10-8 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-8
Notice and hearing on terms and conditions of proposed lease
Status: in_force

Sec. 8. (a) When the lessor corporation and the municipal corporation or corporations have agreed upon the terms and conditions of a lease proposed to be entered into under this chapter and before the final execution of the lease, notice of a hearing shall be given by publication to all interested persons. The hearing shall be held before the governing authority, on a day not earlier than ten (10) days after the publication of the notice.

(b) The notice of the hearing shall be published one (1) time in a newspaper of general circulation 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. The notice must name the date, place, and time of the hearing and set forth a brief summary of the principal terms of the lease agreed upon, including:

(1) the location;

(2) the name of the proposed lessor corporation and character of the property to be leased;

(3) the rental to be paid; and

(4) the number of years the contract is to be in effect.

The proposed lease, drawings, plans, specifications, and estimates for the library building or buildings must be available for inspection by the public during the ten (10) day period under subsection (a) and at the meeting. All interested persons are entitled to be heard at the hearing regarding the necessity for the execution of the lease, and whether the rental provided for in the lease to be paid to the lessor corporation is a fair and reasonable rental for the proposed building or buildings. The hearing may be adjourned to a later date or dates, and following the hearing, the governing authority may either authorize the execution of the lease as originally agreed upon or may make modifications that have been agreed upon by the lessor corporation. The lease rentals as set out in the published notice may not be increased. The cost of the publication of the notice shall be paid by the lessor corporation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-8.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.53.
Ind. Code § 36-2-14-21 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-21
Coroners obtaining decedent's health records; coroners provide health records to investigative units
Status: in_force

Sec. 21. (a) As used in this section, "health records" means written, electronic, or printed information possessed by a provider concerning any diagnosis, treatment, or prognosis of the patient. The term includes mental health records, alcohol and drug abuse records, and emergency ambulance service records.

(b) As used in this section, "provider" has the meaning set forth in IC 16-18-2-295(b).

(c) As part of a medical examination or autopsy conducted under this chapter, a coroner may obtain a copy of the decedent's health records.

(d) Except as provided in subsection (e), health records obtained under this section are confidential.

(e) The coroner may provide the health records of a decedent that were obtained under this section to a prosecuting attorney or law enforcement agency that is investigating the individual's death. Health records received from a coroner under this subsection are confidential.

(f) A person who receives confidential records or information under this section and knowingly or intentionally discloses the records or information to an unauthorized person commits a Class A misdemeanor.

As added by P.L.28-2002, SEC.3. Amended by P.L.1-2007, SEC.240.
Ind. Code § 36-7-4-101 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-101
"Advisory planning law" defined
Status: in_force

Sec. 101. The "advisory planning law" consists of those parts of this chapter that are applicable to advisory planning. Sections and subsections of this chapter with headings that include "ADVISORY" apply to advisory planning. In addition, sections and subsections of this chapter without headings apply to advisory planning as well as area planning and metropolitan development.

[Pre-Local Government Recodification Citation: 18-7-4-101.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-2-13-11 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-11
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-3-11-2.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.126, SEC.2. Repealed by Acts 1981, P.L.309, SEC.115(b).
Ind. Code § 36-7-11.2-12 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-12
"Occupant" defined
Status: in_force

Sec. 12. As used in this chapter, "occupant" means a person:

(1) occupying:

(A) under a written lease; or

(B) as an owner; and

(2) using for residential purposes;

a single family or double family residential dwelling located on Meridian Street or bordering property.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-4-1013 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1013
Remedies and enforcement; prosecution; attorneys
Status: in_force

Sec. 1013. (a) When the legislative body provides penalties for failure to comply with any ordinance adopted under this chapter, the municipal attorney or an attorney representing the county, as the case may be, shall, on receipt of information of the violation of any ordinance, make an investigation of the alleged violation. If acts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, the municipal attorney or an attorney representing the county may file a complaint against the person and prosecute the alleged violation under IC 36-1-6.

(b) The plan commission or a board of zoning appeals may request the prosecuting attorney of the county to take appropriate action in any case involving the violation of any ordinance or regulation adopted under this chapter.

(c) The plan commission may appoint one (1) or more attorneys to advise the planning staff and to assist in the enforcement of any ordinances and regulations adopted under this chapter. Subject to the 400 series of this chapter, an area plan commission may employ one (1) attorney on a full-time basis so that the attorney can become fully informed on the specialized law of planning, zoning, and subdivision control.

(d) The services of attorneys appointed by the plan commission under subsection (c) shall be made available without extra compensation to the prosecuting attorney in all cases involving ordinances or regulations adopted under this chapter. The attorneys may be deputized to act for and under the direction of the prosecuting attorney.

(e) In civil actions for the enforcement of ordinances or regulations adopted under this chapter, an attorney appointed by the plan commission may bring an action in the name of the plan commission.

[Pre-Local Government Recodification Citations: 18-7-2-83 part; 18-7-4-1013; 18-7-4-90 part; 18-7-5-94 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.137-1989, SEC.16; P.L.126-2011, SEC.34.
Ind. Code § 36-10-2-1 — Indiana Code / Title 36 / Article 10 / Chapter 2 / Section 36-10-2-1
Application of chapter
Status: in_force

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

[Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]

As added by Acts 1980, P.L.211, SEC.5.
Ind. Code § 36-7-14.5-5 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-5
"Commission" defined
Status: in_force

Sec. 5. As used in this chapter, "commission" refers to a redevelopment commission established under IC 36-7-14 or a military base reuse authority established under IC 36-7-30 and located outside the boundaries of a county with a consolidated city.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.2-1989, SEC.29; P.L.26-1995, SEC.3.
Ind. Code § 36-1-6-3 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-3
Proceeding to enforce ordinance; law applicable
Status: in_force

Sec. 3. (a) Certain ordinances may be enforced by a municipal corporation without proceeding in court through:

(1) an admission of violation before the violations clerk under IC 33-36; or

(2) administrative enforcement under section 9 of this chapter.

(b) Except as provided in subsection (a), a proceeding to enforce an ordinance must be brought in accordance with IC 34-28-5, section 4 of this chapter, or both.

(c) An ordinance defining a moving traffic violation may not be enforced under IC 33-36 and must be enforced in accordance with IC 34-28-5.

[Pre-Local Government Recodification Citations: 17-2-2.5-9(b); 18-1-14-13; 18-1-14-14 part; 18-3-1-49 part; 18-3-1-54 part; 18-5-12.5-1(b).]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.108, SEC.39; P.L.177-1988, SEC.8; P.L.130-1991, SEC.35; P.L.1-1998, SEC.202; P.L.98-2004, SEC.159.
Ind. Code § 36-8-17-13 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-13-b
Rules to implement chapter
Status: in_force

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

Sec. 13. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.245-1987, SEC.21. Amended by P.L.152-2026, SEC.505.
Ind. Code § 36-7-23-39 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-39
Authority employees not employees of state
Status: in_force

Sec. 39. An employee of the authority is not an employee of the state.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-7-31-23 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-23
Expiration of chapter
Status: in_force

Sec. 23. This chapter expires December 31, 2040.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.214-2005, SEC.71.
Ind. Code § 36-4-3-0.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-0.1
Application of certain amendments to chapter
Status: in_force

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

(1) The addition of sections 8.5 and 8.6 (before its repeal) of this chapter by P.L.379-1987(ss) applies to taxable years that begin after January 1, 1987.

(2) The amendments made to section 4 of this chapter by P.L.379-1987(ss) apply to taxable years that begin after January 1, 1987.

As added by P.L.220-2011, SEC.649.
Ind. Code § 36-2-9-1 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties except a county having a consolidated city.

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

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.227-2005, SEC.13.
Ind. Code § 36-9-31-26 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-26
Repealed
Status: repealed

As added by P.L.231-1991, SEC.2. Amended by P.L.1-1996, SEC.97; P.L.1-2002, SEC.162. Repealed by P.L.2-2005, SEC.131.
Ind. Code § 36-7-11.3-16 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-16
Primary and secondary areas
Status: in_force

Sec. 16. (a) A preservation area consists of:

(1) a primary area; and

(2) a secondary area;

designated by the legislative body.

(b) The primary area is a primarily residential area that the legislative body finds after a public hearing to be a clearly definable area that:

(1) should be preserved from deterioration or destruction in furtherance of the purpose of this chapter because the area:

(A) is; or

(B) contains structures that are;

historically, architecturally, or ecologically significant; and

(2) if not subject to this chapter, is in danger of deterioration or destruction.

(c) The secondary area is an area surrounding the primary area that the legislative body finds after a public hearing to be an area the control of the development or change of which is necessary or desirable to the preservation of the primary area. The legislative body may decide to not designate a secondary area if the legislative body determines that a secondary area is not needed or required to preserve the primary area from deterioration or destruction.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-9-7.5 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-7.5
Noncompliance with order to repair or rehabilitate unsafe building; civil penalties
Status: in_force

Sec. 7.5. (a) This section applies to an order issued under section 5(a)(5) of this chapter for which a hearing was not requested as provided in section 7 of this chapter.

(b) If the person to whom the order was issued fails or refuses to comply with the order within sixty (60) days or the time specified in the order, the enforcement authority may impose a civil penalty not to exceed two thousand five hundred dollars ($2,500). The enforcement authority shall give notice of the civil penalty to all persons with a known or recorded substantial property interest in the unsafe premises.

(c) After a civil penalty is imposed under subsection (b), the enforcement authority may impose an additional civil penalty in an amount not to exceed one thousand dollars ($1,000) every ninety (90) days if the person to whom the order was issued continues to fail or refuse to comply with the order.

(d) If a civil penalty under this section is unpaid for more than fifteen (15) days after payment of the civil penalty is due, the civil penalty may be collected in the same manner as costs under section 13 or 13.5 of this chapter. The amount of the civil penalty that is collected shall be deposited in the unsafe building fund.

As added by P.L.247-2015, SEC.43.
Ind. Code § 36-7-9-27 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-27
Transfers of property by persons not complying with orders
Status: in_force

Sec. 27. (a) A person who has been issued and has received notice of an order relative to unsafe premises and has not complied with that order:

(1) must supply full information regarding the order to a person who takes or agrees to take a substantial property interest in the unsafe premises before transferring or agreeing to transfer that interest; and

(2) must, within five (5) days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, supply the enforcement authority with written copies of:

(A) the full name, address, and telephone number of the person taking a substantial property interest in the unsafe premises; and

(B) the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished.

(b) If a judgment is obtained against the department, enforcement authority, or other governmental entity for the failure of that entity to provide notice to persons holding an interest in unsafe premises in an action taken by the entity under this chapter, a person who failed to comply with this section is liable to the entity for the amount of the judgment if it can be shown that the entity's failure to give notice was a result of that person's failure.

[Pre-Local Government Recodification Citation: 18-5-5.5-11.]

As added by Acts 1981, P.L.309, SEC.28.
Ind. Code § 36-9-27-39 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-39
Periodic maintenance of drains; schedule of assessments
Status: in_force

Sec. 39. When the board receives a maintenance report under section 38 of this chapter, it shall prepare a schedule of assessments that includes the following items:

(1) A description of each tract of land determined to be benefited, and the name and address of the owner, as listed on the county surveyor's report.

(2) The percentage of the estimated cost of periodically maintaining the drain to be assessed against each tract of land. The percentage shall be based upon the benefit accruing to each tract of land from the maintenance, and must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.

(3) The amount annually assessed against each tract of land for maintenance.

The board may consider the factors listed in section 112 of this chapter in preparing the schedule.

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

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-3-4-16 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-16
Ordinance or resolution; approval or veto; executive's failure to perform duty; passage over veto
Status: in_force

Sec. 16. (a) Within ten (10) days after an ordinance or resolution is presented to the executive, the executive shall:

(1) approve the ordinance or resolution, by entering the executive's approval on it, signing it, and sending the legislative body a message announcing the executive's approval; or

(2) veto the ordinance or resolution, by returning it to the legislative body with a message announcing the executive's veto and stating the executive's reasons for the veto.

The executive may approve or veto separate items of an ordinance appropriating money or levying a tax.

(b) If the executive fails to perform the executive's duty under subsection (a), the ordinance or resolution is considered vetoed.

(c) Whenever an ordinance or resolution is vetoed by the executive, it is considered defeated unless the legislative body, at its first regular or special meeting after the ten (10) day period prescribed by subsection (a), passes the ordinance or resolution over the executive's veto by a two-thirds (2/3) vote.

[Pre-Local Government Recodification Citations: 18-4-5-2 part; 18-1-6-2 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.115.
Ind. Code § 36-2-7-18 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-18
Prohibited acts; violation; offense; liability
Status: in_force

Sec. 18. An officer named in this chapter who knowingly:

(1) taxes any fees or makes any charges for services the officer does not actually perform;

(2) charges for any services any rate or fee other than that allowed by statute; or

(3) fails to enter, tax, or charge at the proper time the proper fees for services;

commits a Class A misdemeanor and is liable personally upon the officer's bond for any damage or loss sustained by the county.

[Pre-Local Government Recodification Citation: 5-7-1-13.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.43.
Ind. Code § 36-2-11-4 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-4
Legal action on days office is closed
Status: in_force

Sec. 4. A legal action required to be taken in the recorder's office on a day when the recorder's office is closed under section 3 of this chapter may be taken on the next day the recorder's office is open.

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

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.72.
Ind. Code § 36-1-9.5-41 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-41
Factors not considered in determining net current assets
Status: in_force

Sec. 41. In determining net current assets, an entity may not consider the following:

(1) Notes and accounts receivable from affiliated business firms as assets of the applicant unless an audited financial statement showing the debtor has sufficient liquidity to discharge the debt is attached. However, an unaudited statement certified as correct by the debtor shall be accepted if an unaudited statement is submitted for qualification.

(2) Notes and accounts receivable from partners of a co-partnership or officers and stockholders of a corporation unless an audited financial statement is attached.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-2-7.5-11 — Indiana Code / Title 36 / Article 2 / Chapter 7.5 / Section 36-2-7.5-11
County identification security protection fund
Status: in_force

Sec. 11. (a) As used in this section, "fund" refers to a county identification security protection fund established under subsection (b).

(b) Each county legislative body shall establish an identification security protection fund to be administered by the county recorder. The county fiscal body shall appropriate money from the fund.

(c) A fund consists of money deposited in the fund under section 6(b) of this chapter. Money in a fund does not revert to the county general fund. Money in a fund may be transferred to the county recorder's records perpetuation fund for the uses set forth in IC 36-2-7-10(g).

(d) A county recorder may use money in the fund only to purchase, upgrade, implement, or maintain redacting technology, or to secure protection measures used in the office of the county recorder.

As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.19; P.L.45-2010, SEC.5; P.L.13-2013, SEC.154; P.L.127-2017, SEC.47; P.L.181-2025, SEC.19.
Ind. Code § 36-1-12.5-9 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-9
Payroll records required; inspection
Status: in_force

Sec. 9. (a) The contractor and each subcontractor engaged in installing conservation measures under a guaranteed savings contract shall keep full and accurate records indicating the names, classifications, and work performed by each worker employed by the respective contractor and subcontractor in connection with the work, together with an accurate record of the number of hours worked by each worker and the actual wages paid.

(b) The payroll records required to be kept under this section must be open to inspection by an authorized representative of the governing body or the department of labor.

As added by P.L.24-1993, SEC.6. Amended by P.L.208-1995, SEC.9; P.L.168-2006, SEC.17.
Ind. Code § 36-6-1.7-10 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-10
Township petition to reconsider point total
Status: in_force

Sec. 10. (a) Not later than March 31, 2027, a township that has been assigned four (4) or more points may file a petition with the department to reconsider and amend the township's point total on the grounds that the point total is incorrect or because compliance with a requirement set forth in section 8(1) through 8(10) of this chapter was not possible due to a disaster (as defined in IC 10-14-3-1) that significantly disrupted operations and reporting requirements of the township and the township was assigned a point by the department under section 8 of this chapter. The petition must be accompanied by evidence supporting the grounds for the petition.

(b) Not later than June 30, 2027, the department shall issue a written determination on all petitions received by the department. The department's determination on a petition is final and conclusive and may not be appealed.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-9-25-7 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-7
Certain cities; effect of adoption of chapter; enabling ordinances
Status: in_force

Sec. 7. (a) This section applies to cities in a county that is listed in section 3(b)(3) of this chapter. However, subsections (b) and (c) of this section also apply to municipalities that adopt this chapter by ordinance under section 1(a) of this chapter.

(b) This chapter does not affect the enabling ordinances, the duties of the municipality, or the rights of bondholders with regard to sewage works revenue bonds or other outstanding revenue bonds issued before this chapter was adopted by ordinance.

(c) Adoption of this chapter by ordinance does not affect the system of fees for sewage treatment. All revenue derived from fees shall be applied only to the following purposes:

(1) The administrative expense, operation, construction, and maintenance of sewage works.

(2) The retirement of outstanding revenue bonds and any additional revenue bonds that may be issued for construction of sewage works and improvements, additions, and extensions to them.

(3) The payment of the cost of improvements, additions, and extensions to the extent permitted by the ordinances authorizing the issuance of revenue bonds.

(d) The ordinance adopting this chapter must specify that the district initially includes all territory within the corporate boundaries of the city, including any territory, addition, platted subdivision, or unplatted land lying outside the corporate boundaries of the city that has been taken into or has been connected with the public sanitation system of the city in accordance with another statute if the sewage or drainage of that area discharges into or through the sewage system of the city.

[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 19-2-28-1 part; 19-2-28.5-3 part; subsection (c) formerly 19-2-28-2; 19-2-28.5-3 part; subsection (d) formerly 19-2-28-4; 19-2-28.5-3 part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.67; P.L.12-1992, SEC.183.
Ind. Code § 36-8-21.5-3 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-3
"Plan"
Status: in_force

Sec. 3. As used in this chapter, "plan" refers to a siren coverage plan adopted by a county under section 13 of this chapter.

As added by P.L.89-2008, SEC.1.
Ind. Code § 36-7.7-3-7 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-7
Meetings; quorum; affirmative votes
Status: in_force

Sec. 7. (a) A strategy committee shall meet at least quarterly.

(b) The chair of a strategy committee or any two (2) members of a strategy committee may call a special meeting of the strategy committee.

(c) A majority of the appointed members of a strategy committee constitutes a quorum.

(d) The affirmative votes of at least a majority of the appointed members of a strategy committee are necessary to authorize any action of the strategy committee.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-8-8-12.3 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-12.3
Covered impairments; hearings; inclusions; Class 3 excludable condition; determination
Status: in_force

Sec. 12.3. (a) Upon a request from a fund member or from the safety board of the appropriate police or fire department, the local board shall conduct a hearing under section 12.7 of this chapter to determine whether the fund member has a covered impairment.

(b) A covered impairment is an impairment that permanently or temporarily makes a fund member unable to perform the essential function of the member's duties, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, with the police or fire department. However, a covered impairment does not include an impairment:

(1) resulting from an intentionally self-inflicted injury or attempted suicide while sane or insane;

(2) resulting from the fund member's commission or attempted commission of a felony;

(3) that begins within two (2) years after a fund member's entry or reentry into active service with the department and that was caused or contributed to by a mental or physical condition that manifested itself before the fund member entered or reentered active service. Notwithstanding this subdivision, a fund member may not be required to satisfy more than one (1) such two (2) year period for the same mental or physical condition; or

(4) that is occasioned, in whole or in part, by the fund member currently engaging (as defined in 29 CFR 1630.3, Appendix) in any of the following:

(A) Use of a controlled substance (as defined in the Controlled Substances Act (21 U.S.C. 812)).

(B) Unlawful use of a prescription drug.

(c) Notwithstanding subsection (b), this subsection applies to the following:

(1) A fund member who is hired after March 1, 1992.

(2) A fund member who was admitted to the 1977 fund after having been covered by another public pension plan as a police officer or firefighter.

For a fund member who is determined by the system board to have a Class 3 excludable condition under IC 36-8-8-13.6, a covered impairment does not include an impairment that would be classified as a Class 3 impairment that begins at any time after the fund member's entry or reentry into active service with the department and is related in any manner to the Class 3 excludable condition.

(d) If the local board determines that a covered impairment exists, the chief of the police or fire department shall submit to the local board written determinations of the following:

(1) Whether there is suitable and available work on the appropriate department for which the fund member is or may be capable of becoming qualified, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.

(2) For a fund member covered by sections 12.5 and 13.5 of this chapter, the fund member's years of service with the department.

As added by P.L.311-1989, SEC.7. Amended by P.L.4-1992, SEC.46; P.L.213-1995, SEC.9; P.L.231-1997, SEC.5; P.L.35-2012, SEC.127.
Ind. Code § 36-1-23-5 — Indiana Code / Title 36 / Article 1 / Chapter 23 / Section 36-1-23-5
Petition for additional appropriations
Status: in_force

Sec. 5. The county fiscal body may adopt any additional appropriations of the unit by ordinance before the department of local government finance may approve the additional appropriation.

As added by P.L.184-2015, SEC.13.
Ind. Code § 36-3-7-4 — Indiana Code / Title 36 / Article 3 / Chapter 7 / Section 36-3-7-4
Administering of money held, appropriated, contributed for specific function, or in special fund or trust
Status: in_force

Sec. 4. Whenever any money is held, appropriated, or contributed for a specific function, or in a special fund or trust, the consolidated city, or its special service district or special taxing district, shall administer that money according to the requirements and limitations placed on its use.

[Pre-Local Government Recodification Citation: 18-4-14-2.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-8-10.5-11 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-11
Establishment of best practices to improve safety and health outcomes; review of programs
Status: in_force

Sec. 11. (a) The education board must establish best practices to improve safety and health outcomes for full-time firefighters and volunteer firefighters not later than July 1, 2021.

(b) The best practices must include:

(1) a proactive health and safety risk management system consisting of a joint employer and employee governance structure to oversee a continuous process of identification, evaluation, monitoring and controlling, and reporting of safety and health hazards in the workplace;

(2) ways to reduce firefighter risk of exposure to carcinogens; and

(3) ways to prevent or reduce the risk of injuries and illness with particular focus on causes of compensable worker's compensation or disability claims.

(c) The education board shall:

(1) review programs established by political subdivisions and volunteer fire departments implementing best practices under this section; and

(2) provide a political subdivision or volunteer fire department with a letter for submission to an insurance company for consideration in a premium or rate discount toward the purchase or procurement of worker's compensation insurance under IC 22-3-2-2 or IC 36-8-12-10 that states that the political subdivision or volunteer fire department has implemented best practices under this section.

As added by P.L.72-2020, SEC.2. Amended by P.L.32-2021, SEC.102.
Ind. Code § 36-4-3-9.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-9.1
Annexation of territory within county; requirements
Status: in_force

Sec. 9.1. A municipality may annex territory within a county only if:

(1) part or all of that municipality was within the county on January 1, 1982; or

(2) the consent of the executive of the county is first obtained.

As added by Acts 1982, P.L.210, SEC.2.
Ind. Code § 36-7-2-2 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-2
Planning and regulation of real property; access to solar energy
Status: in_force

Sec. 2. A unit may plan for and regulate the use, improvement, and maintenance of real property and the location, condition, and maintenance of structures and other improvements. A unit may also regulate the platting and subdividing of real property and number the structures abutting public ways. In planning for and regulating the use of land or in regulating the platting or subdividing of real property, a unit may also regulate access to incident solar energy for all categories of land use.

[Pre-Local Government Recodification Citations: 18-1-1.5-6(d); 18-1-1.5-10 (Intro.); 18-1-1.5-10(b); 18-1-1.5-10(c); 18-1-1.5-10(d); 18-1-1.5-10(e); 18-1-1.5-10(f); 18-1-1.5-10(i); 18-1-1.5-11 part; 18-3-1-51 part; 18-4-2-18 part; 18-4-2-25 part; 18-5-10-7 part.]

As added by Acts 1980, P.L.211, SEC.2. Amended by Acts 1981, P.L.311, SEC.1.
Ind. Code § 36-10-13-4 — Indiana Code / Title 36 / Article 10 / Chapter 13 / Section 36-10-13-4
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17.5-2.]

As added by P.L.1-2005, SEC.48. Amended by P.L.119-2012, SEC.243; P.L.255-2017, SEC.56. Repealed by P.L.244-2017, SEC.129 and P.L.140-2018, SEC.30.
Ind. Code § 36-7-30.5-31.5 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-31.5
Authorization to enter into agreement with a taxpayer for waiver of review of an assessment of property taxes; agreement to pay taxes for portion of outstanding bonds
Status: in_force

Sec. 31.5. (a) The development authority may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.

(b) The original owner of each nonowner occupied residential property subject to the two percent (2%) tax cap, that is located in the tax increment financing area and is excluded from the base assessed value, shall upon completion of construction enter into a written agreement with the development authority indicating the owner shall be obligated to pay the property tax for the portion of outstanding bonds in the tax increment financing district attributable to the property until the term length of the original outstanding bond is retired. The written agreement with the development authority shall be considered a lien on the property and shall be included as part of the residential real estate sales disclosure under IC 32-21-5. If the property is subsequently sold as a homestead property and becomes subject to the one percent (1%) tax cap, the new owner shall be responsible for the lien on the property attributable to the written agreement with the development authority, and the new homestead property owner shall be obligated to fulfill the terms of the written agreement including the payment of the property tax liability included in the agreement. This subsection does not apply to multi-family apartments.

As added by P.L.249-2015, SEC.30. Amended by P.L.157-2026, SEC.260.
Ind. Code § 36-7-15.5-17 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-17
Notice of proposed assessment; mailing to parcel owner; hearing on remonstrance; finality of decision; appeal
Status: in_force

Sec. 17. (a) Promptly after determining the proposed assessment for each parcel, the commission shall mail notice (first class postage prepaid) to each owner of property to be assessed. This notice must:

(1) set forth the amount of the proposed assessment;

(2) state that the proposed assessment on each parcel of real property in the improvement and maintenance district is on file and can be seen in the commission's office;

(3) state the time and place where written remonstrances against the assessment may be filed;

(4) set forth the time and place where the commission will hear any owner of assessed real property who has filed a remonstrance before the hearing date; and

(5) state that the commission, after hearing evidence, may increase or decrease, or leave unchanged, the assessment on any parcel.

(b) The notices must be deposited in the mail twenty (20) days before the hearing date. The notices to the owners must be addressed as the names and addresses appear on the tax duplicates and the records of the county auditor.

(c) At the time fixed in the notice, the commission shall hear any owner of assessed real property who has filed a written remonstrance before the date of the hearing. The hearing may be continued from time to time as long as is necessary to hear the owners. The commission may utilize a hearing officer (who may be an employee of the city) to hear evidence regarding any parcel of real property about which a written remonstrance has been filed and to make a written recommendation of decision to the commission.

(d) The commission shall render its decision by increasing, or decreasing, or by confirming each assessment by setting opposite each name, parcel, and proposed assessment, the amount of the assessment as determined by the commission. However, if the total of the assessments exceeds the amount needed, the commission shall make a prorated reduction in each assessment.

(e) The signing of the assessment schedule by a majority of the members of the commission, and the delivery of the schedule to the fiscal officer of the city, constitutes a final and conclusive determination of the benefits or damages, if any, that are assessed. However, any owner who had previously filed a written remonstrance (as provided in this chapter) with the commission, or any owner whose assessment was increased above the amount determined by the formula (whether the owner filed a written remonstrance or not) may appeal. This appeal must be taken as provided in IC 34-13-6, and proceed to trial, hearing, and final judgment as provided in IC 34-13-6 for all parties.

As added by P.L.194-1988, SEC.1. Amended by P.L.1-1998, SEC.210.
Ind. Code § 36-7-4-1209 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1209
Township joinder; planning and zoning cost
Status: in_force

Sec. 1209. ADVISORY. As a condition to the acceptance of the petition, the legislative body of a municipality or county may stipulate that the township contract with it for the payment of an equitable amount of the cost of planning and zoning within the township. If the municipality or county believes that it is to its advantage, it may agree to provide planning and zoning services without cost to the township.

[Pre-Local Government Recodification Citations: 18-7-4-1209; 18-7-6-10.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-3-6-8 — Indiana Code / Title 36 / Article 3 / Chapter 6 / Section 36-3-6-8
Additional appropriations
Status: in_force

Sec. 8. After the passage of an appropriations ordinance, a legislative body may, on the recommendation of the controller, as to all city and county matters, make further or additional appropriations, unless their result is to increase a tax levy set by ordinance.

[Pre-Local Government Recodification Citation: 18-4-4-4.5 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981, P.L.11, SEC.160; P.L.227-2005, SEC.34.
Ind. Code § 36-9-27.8-17 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-17
If balance in account is insufficient
Status: in_force

Sec. 17. If the balance in the account created for a subdivision under section 15(a)(2) of this chapter is insufficient to pay the cost of repairing a subdivision drain in the subdivision, the unit may:

(1) pay the expenses of the repair initially from:

(A) the county general fund, in the case of Johnson County; or

(B) the stormwater fund, in the case of a consolidated city; and

(2) later deposit in the fund from which the expenses were paid under subdivision (1), from funds obtained through assessments imposed under this chapter on owners of property in the subdivision in which the subdivision drain is located, an amount equal to the amount paid under subdivision (1).

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-9-27-4 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-4
Establishment
Status: in_force

Sec. 4. There is established in each county a drainage board, which shall act in the name of "The __________ County Drainage Board" (designating the name of the county).

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

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-33-5 — Indiana Code / Title 36 / Article 7 / Chapter 33 / Section 36-7-33-5
Ordinance; required provisions
Status: in_force

Sec. 5. An ordinance adopted under this chapter must provide for the following:

(1) A board to govern the authority. The ordinance must provide for the following details regarding the board:

(A) The number of members.

(B) The manner of the appointment of the members.

(C) The term of office of board members. The term of office of a board member may not exceed four (4) years.

(D) The rules for the board's governance.

(2) The authority's and the board's powers and duties. The ordinance may not provide that the authority or the board has a power or duty that the municipality itself does not have.

As added by P.L.89-2004, SEC.1.
Ind. Code § 36-1-9.5-32 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-32
Personal interview of contractor by entity; updated statement; audit
Status: in_force

Sec. 32. (a) An entity may require a personal interview with any contractor when considering qualifications.

(b) A prequalification administrator may request a new statement if the date of the statement is more than six (6) months old when submitted.

(c) A statement furnished for qualification greater than two hundred thousand dollars ($200,000) must include a reviewed or an audited financial statement prepared and attested as correct by an independent certified public accountant registered and in good standing in any state. The accountant must make an independent verification of assets and liabilities in accordance with generally accepted auditing standards. The execution of a certificate of audit constitutes certification that an audit in accordance with generally accepted auditing standards has been performed and reported.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-1-10-9 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-9
Leases; terms and conditions; options to renew or purchase; exercise of option to purchase
Status: in_force

Sec. 9. (a) The lease may provide that the leasing agent has an option to renew the lease for a further term or to purchase the property. The terms and conditions of the purchase must be specified in the lease.

(b) Whenever the leasing agent exercises an option to purchase the property, then the political subdivision or agency may issue and sell bonds for the purpose of procuring money to pay the purchase price. If the leasing agent does not exercise an option to purchase the property, then upon the expiration of the lease and upon full performance by the leasing agent, the property becomes the absolute property of the political subdivision or agency. The lessor shall convey title to the political subdivision or agency.

[Pre-Local Government Recodification Citation: 18-5-3.3-3.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.74-1987, SEC.18.
Ind. Code § 36-7-2.4-3 — Indiana Code / Title 36 / Article 7 / Chapter 2.4 / Section 36-7-2.4-3
"Nonpublic school"
Status: in_force

Sec. 3. As used in this chapter, "nonpublic school" has the meaning set forth in IC 20-18-2-12.

As added by P.L.232-2025, SEC.32.
Ind. Code § 36-9-37-12 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-12
Payment of assessment in deferred installments; time for making payments
Status: in_force

Sec. 12. (a) If a property owner has elected to pay the property owner's assessment in installments and the assessment roll for the cost of the improvement was finally approved before July 1 of a year, the first installment of the principal of the assessment, together with accrued interest, is payable on November 10 of that year.

(b) If a property owner has elected to pay the property owner's assessment in installments and the assessment roll for the cost of the improvement was finally approved after June 30 of a year, the first installment of the principal of the assessment, together with accrued interest, is payable on May 10 of the following year.

(c) Subsequent installments of principal and interest are payable at:

(1) one (1) year intervals after the date of payment of the first installment under subsection (a) or (b) if the property owner elected annual payments; or

(2) one (1) month intervals after the date of payment of the first installment under subsection (a) or (b) if the property owner elected monthly payments.

(d) This subsection applies if the property owner elected annual installment payments. With the first installment of principal, and interest to the first bond maturity date, an amount sufficient to cover six (6) months interest in advance on the assessment shall also be collected. With each succeeding installment of principal, except the last installment, six (6) months interest shall be collected in advance, so that only one (1) annual payment is made by the property owner on the assessment.

(e) This subsection applies if the property owner elected monthly installment payments. With each of the first six (6) installments of principal, and interest to the first bond maturity date, an amount sufficient to cover one (1) additional month's interest in advance on the assessment shall also be collected. With each succeeding installment of principal, except the last six (6) installments, one (1) month's interest shall be collected in advance.

As added by P.L.98-1993, SEC.8. Amended by P.L.62-2001, SEC.6.
Ind. Code § 36-7-18-27 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-27
Persons ineligible as tenants
Status: in_force

Sec. 27. (a) Officers and members of the authority other than the resident manager are not eligible as tenants under this chapter. This section may not be construed to prevent an existing tenant from being appointed to the housing authority board. However, employees of the authority are eligible as tenants under this chapter.

(b) Employees of the United States, the state, and their political subdivisions and agencies may not comprise more than twenty-five percent (25%) of the tenants in a housing project.

(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 Citation: 18-7-11-10 part.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.341-1985, SEC.1; P.L.14-1991, SEC.25; P.L.324-1995, SEC.1.
Ind. Code § 36-7-4-920 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-920-b
Board of zoning appeals, hearing on administrative appeals, exceptions, uses, and variances; notice; appearance
Status: in_force

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

Sec. 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 5-3-1-1.5 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; P.L.157-2026, SEC.235.
Ind. Code § 36-8-16.7-35 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-35
Fee not to be included in base for taxes and other charges
Status: in_force

Sec. 35. The amount of a statewide 911 fee that is collected by a provider from a user, whether separately stated on an invoice, receipt, or other document, may not be included in the base for measuring any tax, surcharge, or other charge that is imposed by the state, a political subdivision, or other government agency.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-8-7-15 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-15
Insufficient funds for appropriations; loans; tax levy to repay loans
Status: in_force

Sec. 15. If the appropriations for any of the purposes contemplated in section 14 of this chapter are exhausted before the end of the fiscal year for which the appropriations have been made, the unit's fiscal body shall make the necessary additional appropriations according to IC 6-1.1-18-5. If the amount of money in the general fund not otherwise appropriated is less than the additional appropriations found to be necessary, the fiscal body shall borrow the necessary money in the manner prescribed by statute for making loans by the unit. A tax shall be levied for the next year sufficient to repay the loan and the interest that has accrued.

[Pre-Local Government Recodification Citation: 19-1-37-16 part.]

As added by Acts 1981, P.L.309, SEC.57.
Ind. Code § 36-7-1-12 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-12
"Municipal plan commission"
Status: in_force

Sec. 12. "Municipal plan commission" means a city plan commission or a town plan commission.

[Pre-Local Government Recodification Citations: 18-7-4-103; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.12.
Ind. Code § 36-9-9-7 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-7
Payments to utility for service
Status: in_force

Sec. 7. The municipality shall make to the utility operating the lighting system all payments required to be made to the utility for its service, in strict accordance with the terms of the contract or order under which the utility is operating. The municipality shall make the payments from its general fund or from a fund set aside for street lighting purposes, and shall be reimbursed for payments made in behalf of property owners by the collection of the assessments as provided in this chapter.

[Pre-Local Government Recodification Citation: 19-5-24-9.]

As added by Acts 1981, P.L.309, SEC.82.
Ind. Code § 36-2-9.5-11 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-11
Claim; judgment or order issued by court; warrant
Status: in_force

Sec. 11. Whenever:

(1) a judgment or an order is issued by a court in a case in which the county was a party and was served with process for the payment of a claim;

(2) a certified copy of the judgment or order is filed with the auditor; and

(3) the claim is allowed by the county executive;

the auditor shall issue the auditor's warrant for the claim.

As added by P.L.227-2005, SEC.16. Amended by P.L.127-2017, SEC.58.
Ind. Code § 36-7-12-16 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-16
Pecuniary interest of commissioner in matters considered by commission
Status: in_force

Sec. 16. (a) An economic development commissioner shall disclose any pecuniary interest in any employment, financing agreement, or other contract made under this chapter before any action by the commission on it, and shall not vote on any such matter.

(b) Notwithstanding any other law, a member of the fiscal body of a unit may have a pecuniary interest in any employment, financing agreement, or other contract made under this chapter if the member discloses the member's pecuniary interest before any action by the fiscal body on it and does not vote on any such matter.

(c) If any property in which an economic development commissioner or member of a fiscal body of a unit has a pecuniary interest is property required for the purposes of this chapter, that property may be acquired, but only by gift or condemnation.

[Pre-Local Government Recodification Citation: 18-6-4.5-9.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.198.
Ind. Code § 36-1.5-4-46 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-46
Promoting position on public question prohibited
Status: in_force

Sec. 46. (a) Except as otherwise provided in this section, during the period beginning with the date the final plan of reorganization is approved by the legislative body or considered to be approved under section 23.5 of this chapter, and continuing through the day on which the public question is submitted to the voters, a political subdivision may not promote a position on the public question by doing any of the following:

(1) Using facilities or equipment, including mail and messaging systems, owned by the political subdivision to promote a position on the public question, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the political subdivision.

(2) Making an expenditure of money from a fund controlled by the political subdivision to promote a position on the public question.

(3) Using an employee to promote a position on the public question during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the public question at any time. However, if a person described in subsection (c) is advocating for or against a position on the public question or discussing the public question as authorized under subsection (c), an employee of the political subdivision may assist the person in presenting information on the public question if requested to do so by the person described in subsection (c).

However, this section does not prohibit an official or employee of the political subdivision from carrying out duties with respect to a public question that are part of the normal and regular conduct of the official's or employee's office or agency, including the furnishing of factual information regarding the public question in response to inquiries from any person.

(b) This subsection does not apply to:

(1) a personal expenditure to promote a position on a local public question by an employee of the political subdivision whose employment is governed by a collective bargaining contract or an employment contract; or

(2) an expenditure to promote a position on a local public question by a person or an organization that has a contract or an arrangement (whether formal or informal) with the political subdivision solely for the use of the political subdivision's facilities.

A person or an organization that has a contract or arrangement (whether formal or informal) with a political subdivision to provide goods or services to the political subdivision may not spend any money to promote a position on the public question. A person or an organization that violates this subsection commits a Class A infraction.

(c) Notwithstanding any other law, an elected or appointed official of a political subdivision may:

(1) personally advocate for or against a position on a public question; or

(2) discuss the public question with any individual, group, or organization or personally advocate for or against a position on a public question before any individual, group, or organization;

so long as it is not done by using public funds. Advocacy or discussion allowed under this subsection is not considered a use of public funds.

As added by P.L.202-2013, SEC.27.
Ind. Code § 36-1-2-3 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-3
"City"
Status: in_force

Sec. 3. "City" refers to a consolidated city or other incorporated city of any class, unless the reference is to a school city.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-2-1-6 — Indiana Code / Title 36 / Article 2 / Chapter 1 / Section 36-2-1-6
Deeds and mortgages of real property in detached territory; copies; filing; evidence
Status: in_force

Sec. 6. (a) The executive of a county from which territory is detached shall procure a suitable book and order the recorder of the county to copy in it, from the records in the recorder's office, all deeds and mortgages of real property in the detached territory that have been recorded.

(b) The copies made under subsection (a) shall be filed with the recorder of the county to which the territory is attached. If a copy made under subsection (a) is certified by the recorder who copied it as a true and complete copy of the instrument recorded in the recorder's office, it shall be admitted as evidence with the same force as the original record.

[Pre-Local Government Recodification Citations: 17-1-12-6; 17-1-13-1; 17-1-13-2.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.18.
Ind. Code § 36-7-22-8 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-8
Repealed
Status: repealed

As added by P.L.195-1988, SEC.1. Repealed by P.L.207-2018, SEC.4.
Ind. Code § 36-1.5-4.1-4 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-4
"Designated township"
Status: in_force

Sec. 4. As used in this chapter, "designated township" has the meaning set forth in IC 36-6-1.7-3.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-5-6-6 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-6
Powers and duties; exception
Status: in_force

Sec. 6. (a) This section does not apply to a town that has adopted an ordinance under IC 36-5-6.5.

(b) The clerk-treasurer shall do the following:

(1) Receive and care for all town money and pay the money out only on order of the town legislative body.

(2) Keep accounts showing when and from what sources the clerk-treasurer has received town money and when and to whom the clerk-treasurer has paid out town money.

(3) Prescribe payroll and account forms for all town offices.

(4) Prescribe the manner in which creditors, officers, and employees shall be paid.

(5) Manage the finances and accounts of the town and make investments of town money.

(6) Prepare for the legislative body the budget estimates of miscellaneous revenue, financial statements, and the proposed tax rate.

(7) Maintain custody of the town seal and the records of the legislative body.

(8) Issue all licenses authorized by statute and collect the fees fixed by ordinance.

(9) Serve as clerk of the legislative body by attending its meetings and recording its proceedings.

(10) Administer oaths, take depositions, and take acknowledgment of instruments that are required by statute to be acknowledged, without charging a fee.

(11) Serve as clerk of the town court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.

(12) Perform all other duties prescribed by statute.

(c) Except as provided in IC 5-11, a clerk-treasurer is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the requirements set forth in subsection (b), unless the act or omission constitutes gross negligence or an intentional disregard of the requirements.

[Pre-Local Government Recodification Citations: Part new; 18-3-1-30; 18-3-1-31 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.17, SEC.27; P.L.189-1988, SEC.5; P.L.10-1997, SEC.33; P.L.33-1998, SEC.11; P.L.98-2004, SEC.162; P.L.56-2022, SEC.7; P.L.58-2023, SEC.28.
Ind. Code § 36-7-7.7-7 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-7
Policy board
Status: in_force

Sec. 7. (a) Each eligible political subdivision described in section 2 of this chapter and each eligible political subdivision that joins the MPO under section 4 of this chapter is considered a member of the MPO.

(b) The highest ranking elected official, executive director, or board president of each MPO member shall serve on the MPO policy board.

(c) A member of the MPO policy board described in subsection (b) may appoint a proxy of record to serve in the member's place as a member of the MPO policy board. The proxy of record has the same authority to act and vote on all matters as does the member.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-8-4-6.5 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-6.5
Police chiefs or deputy police chiefs; requirements
Status: in_force

Sec. 6.5. (a) This section applies to the appointment of a police chief or deputy police chief in all cities.

(b) An applicant must meet the following requirements:

(1) Have five (5) years of service as:

(A) a police officer with a full-time, paid police department or agency; or

(B) a federal enforcement officer (as defined in IC 35-31.5-2-129) with a full-time, paid federal law enforcement agency.

(2) Be a citizen of the United States.

(3) Be a high school graduate or equivalent.

(4) Be at least twenty-one (21) years of age.

(5) Be free of mental illness.

(6) Be physically fit.

(7) Have successfully completed:

(A) the minimum basic training requirements established by the law enforcement training board under IC 5-2-1, or have continuous service with the same department to which the applicant was appointed as a law enforcement officer before July 6, 1972; or

(B) the minimum basic federal law enforcement training requirements that are substantially equivalent to the training requirements as described in clause (A).

(c) In addition to the requirements of subsection (b), an applicant for appointment as police chief or deputy police chief must have at least five (5) years of continuous service with the police department of that city or with the same federal law enforcement agency immediately before the appointment. This requirement may be waived by the city executive.

As added by P.L.348-1987, SEC.3. Amended by P.L.148-1992, SEC.3; P.L.68-1996, SEC.8; P.L.117-2020, SEC.1.
Ind. Code § 36-9-13-15 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-15
Directors; additional meetings
Status: in_force

Sec. 15. In addition to their meetings under section 14 of this chapter, the directors may hold the regular and special meetings they consider necessary. The directors may fix the times of these meetings and the notices required for meetings by resolution or under their rules and bylaws.

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

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-7-4-606.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-606.5
Procedures for adopting initial or replacement zoning ordinance; advisory planning
Status: in_force

Sec. 606.5. (a) ADVISORY. This section applies to a proposal, as described in section 602(a) of this chapter, 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.

(b) ADVISORY. At any regular or special meeting of the legislative body after the plan commission certifies the proposal under section 605 of this chapter, the legislative body shall adopt, reject, or amend the proposal.

(c) ADVISORY. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting. The notice and announcement must state:

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

(2) that it pertains to an original zoning ordinance;

(3) that written objections to the proposal filed with the clerk of the legislative body or with the county auditor at or before the hearing will be heard; and

(4) that the hearing may be continued from time to time as may be found necessary.

(d) ADVISORY. The recommendation of the plan commission concerning the proposal must be on file in the commission's office for public examination for at least ten (10) days before any hearing scheduled under this section. On completion of the hearing, the legislative body shall consider the proposal.

(e) ADVISORY. If the legislative body adopts or amends the proposal, the ordinance takes effect as other ordinances of the legislative body. If the legislative body rejects the proposal, further consideration of the proposal is prohibited for one (1) year after the date of the proposal's rejection.

As added by P.L.202-2025, SEC.13.
Ind. Code § 36-7.5-4.5-19 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-19
Steering committee; establishment; members; meetings; duties
Status: in_force

Sec. 19. (a) There is established a steering committee to provide information and guidance to the development authority on development within the districts located in a member county.

(b) The steering committee is comprised of one (1) individual appointed by the executive of each municipality located in a member county in which a district could be established. A member of the steering committee serves a one (1) year term that ends December 31 each year. Initial terms end December 31 of the first year of the member's appointment even though the term may be less than one (1) year. A member may serve additional terms. The appointing executive may replace a member at the executive's discretion. A member of the steering committee is a public servant subject to IC 35-44.1-1-4 concerning conflict of interest.

(c) A chairperson of the steering committee shall be selected annually by the members. However, the chairperson may not be a resident of a municipality that has direct appointment to the development authority board.

(d) The steering committee shall meet at least quarterly. The steering committee shall also meet upon the call of the chairperson. At each quarterly meeting:

(1) the development authority shall present a progress report on development within each district to the steering committee; and

(2) the steering committee shall provide the development authority with information and guidance on development within each district.

IC 5-14-1.5 (the open door law) applies to meetings of the steering committee. The steering committee shall publish a notice of its meeting in accordance with IC 5-3-1-2(b). All records of the steering committee are public records subject to public inspection under IC 5-14-3.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-1-5-4 — Indiana Code / Title 36 / Article 1 / Chapter 5 / Section 36-1-5-4
Incorporation of material into ordinance or code by reference; procedure
Status: in_force

Sec. 4. The legislative body of a unit may incorporate by reference into an ordinance or code any material. The ordinance or code must state that two (2) copies of the material are on file in the office of the clerk for the legislative body for public inspection, and the copies must be on file as stated for public inspection.

[Pre-Local Government Recodification Citations: 18-5-12-2; 18-5-12-6 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-9-30-27 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-27
Lease with option to purchase facilities; lessor corporation; payment
Status: in_force

Sec. 27. In anticipation of the acquisition of a site and the construction and erection of solid waste disposal facilities, including the necessary equipment and appurtenances, a unit may enter into a lease with option to purchase with a lessor corporation, subject to the approval of the department of local government finance. Such a lease may not provide for the payment of any lease rental by the lessee until the facilities are completed and ready for solid waste disposal. The lessor corporation shall agree in the lease to furnish a bond satisfactory to the lessee and conditioned upon final completion of the facilities within the period specified in the lease, except for unavoidable delays.

[Pre-Local Government Recodification Citation: 19-2-1-24.]

As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.90-2002, SEC.515.
Ind. Code § 36-9-16-5 — Indiana Code / Title 36 / Article 9 / Chapter 16 / Section 36-9-16-5
Cumulative building fund; tax levy; appropriations
Status: in_force

Sec. 5. (a) The unit's fiscal body may levy a tax not to exceed thirty-three cents ($0.33) on each one hundred dollars ($100) of taxable property within the taxing district to provide for a cumulative building fund. The tax may be levied annually for any period not to exceed ten (10) years.

(b) Appropriations may be made from the cumulative building fund for the purposes authorized by this chapter.

[Pre-Local Government Recodification Citation: 18-6-1-4.]

As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988, SEC.8; P.L.6-1997, SEC.220.
Ind. Code § 36-4-10-5.5 — Indiana Code / Title 36 / Article 4 / Chapter 10 / Section 36-4-10-5.5
Employment of attorneys or legal research assistants
Status: in_force

Sec. 5.5. (a) A clerk or clerk-treasurer may hire or contract with competent attorneys or legal research assistants on terms the clerk or clerk-treasurer considers appropriate.

(b) Employment of an attorney under this section does not affect a city department of law established under IC 36-4-9-4.

(c) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget and must be allocated to the clerk or clerk-treasurer for the payment of attorney's and legal research assistant's salaries.

As added by P.L.69-1995, SEC.9. Amended by P.L.34-1999, SEC.2.
Ind. Code § 36-7-14-19.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-19.5
Requirements for redevelopment commission purchases of distressed properties from willing sellers
Status: in_force

Sec. 19.5. (a) Notwithstanding section 19 of this chapter, a redevelopment commission may purchase property in accordance with this section that the redevelopment commission determines is:

(1) blighted;

(2) unsafe;

(3) abandoned;

(4) foreclosed; or

(5) structurally damaged;

from a willing seller.

(b) A redevelopment commission may purchase property described in subsection (a) as follows:

(1) The redevelopment commission may purchase the property if:

(A) the sale price of the property is not more than fifty thousand dollars ($50,000) or the property is for sale by another governmental agency; and

(B) the redevelopment commission:

(i) has a sufficient fund balance available; or

(ii) issues an obligation from public funds;

for the purchase of the property.

(2) If the sale price of the property is greater than fifty thousand dollars ($50,000), a redevelopment commission shall obtain two (2) independent appraisals of fair market value of the property. Any agreement by the redevelopment commission to:

(A) make a purchase under this subdivision that exceeds the greater of the two (2) appraisals;

(B) make payments for the property to be purchased for a term exceeding three (3) years; or

(C) pay a purchase price for the property that exceeds five million dollars ($5,000,000);

is subject to prior approval of the legislative body of the unit.

(c) Negotiations for the purchase of property may be carried on directly by the redevelopment commission, by its employees, or by expert negotiations, but no option, contract, or understanding relative to the purchase of real property is binding on the commission until approved and accepted by the commission in writing. The commission may authorize the payment of a nominal fee to bind an option and as a part of the consideration for conveyance may agree to pay the expense incident to the conveyance and determination of the title to the property. Payment for the property purchase shall be made when and as directed by the commission but only on delivery of proper instruments conveying the title or interest of the owner to the "City (or Town or County) of ___________, Department of Redevelopment".

(d) All real property and interests in real property acquired by the redevelopment commission are free and clear of all governmental liens, assessments, and other governmental charges except for current property taxes, which must be prorated to the date of acquisition.

As added by P.L.52-2017, SEC.6. Amended by P.L.183-2018, SEC.3; P.L.236-2023, SEC.175.
Ind. Code § 36-8-8.5-15 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-15
Survivor benefits
Status: in_force

Sec. 15. (a) If a member dies in the line of duty or other than in the line of duty while the member is in the DROP, benefits for the member's survivors are calculated under the provisions of the applicable fund as follows:

(1) If the member dies less than twelve (12) months after the date the member enters the DROP, the benefits for the member's survivors are calculated as if the member had never entered the DROP.

(2) If the member dies at least twelve (12) months after the date the member enters the DROP, the benefits for the member's survivors consist of both of the following:

(A) A benefit for the member's survivors paid by and calculated under the provisions of the applicable fund as if the member had never entered the DROP.

(B) An additional, separate amount that is not calculated as a part of a benefit for the member's survivors from the applicable fund and that is:

(i) calculated under subsection (b); and

(ii) paid to the member's survivors in accordance with the survivor's election under subsection (c).

(b) The additional, separate amount of the benefit for a member's survivors that is described in subsection (a)(2)(B) is equal to:

(1) the amount of the DROP frozen benefit; multiplied by

(2) the number of months that the member was in the DROP.

(c) The survivors of a member who are eligible to receive the additional, separate amount described in subsection (a)(2)(B) must elect to receive the additional, separate amount by either of the following methods:

(1) A lump sum paid as soon as practicable after the member's death.

(2) Three (3) equal annual payments, the first as soon as practicable after the date of the member's death, the second on the first anniversary of the member's death, and the third on the second anniversary of the member's death.

As added by P.L.62-2002, SEC.5. Amended by P.L.145-2020, SEC.5.
Ind. Code § 36-3-6-5 — Indiana Code / Title 36 / Article 3 / Chapter 6 / Section 36-3-6-5
Review and revision of estimates; report and recommendations; determination of amounts
Status: in_force

Sec. 5. (a) The controller shall review and revise the estimates of expenditures submitted under section 4 of this chapter. Then the controller shall prepare for the executive a report of the estimated budgets, miscellaneous expenses, and revenues necessary or available to finance the estimates, along with the controller's recommendations.

(b) The executive shall determine the amounts to be included in the proposed appropriations ordinance by the controller and advise the controller of those amounts.

[Pre-Local Government Recodification Citation: 18-4-4-4.5 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.227-2005, SEC.32.
Ind. Code § 36-1-8-14.3 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-14.3
Definitions; "PILOTS"; adoption of ordinance; calculation; imposition; deposit in affordable housing fund; due date
Status: in_force

Sec. 14.3. (a) PILOTS may be imposed under this section for an assessment date occurring after December 31, 2021.

(b) As used in this section, the following terms have the meanings set forth in IC 6-1.1-1:

(1) Assessed value.

(2) Exemption.

(3) Owner.

(4) Person.

(5) Property taxation.

(6) Real property.

(7) Township assessor.

(c) As used in this section, "PILOTS" means payments in lieu of taxes.

(d) As used in this section, "property owner" means the owner of real property described in IC 6-1.1-10-16.7.

(e) Subject to the approval of a property owner, the governing body of a political subdivision may adopt an ordinance to require the property owner to pay PILOTS at times set forth in the ordinance with respect to real property that is subject to an exemption under IC 6-1.1-10-16.7. The ordinance remains in full force and effect until repealed or modified by the governing body, subject to the approval of the property owner.

(f) The PILOTS must be calculated so that the PILOTS are in an amount that is:

(1) agreed upon by the property owner and the governing body of the political subdivision;

(2) a percentage of the property taxes that would have been levied by the governing body for the political subdivision upon the real property described in subsection (e) if the property were not subject to an exemption from property taxation; and

(3) not more than the amount of property taxes that would have been levied by the governing body for the political subdivision upon the real property described in subsection (e) if the property were not subject to an exemption from property taxation.

(g) PILOTS shall be imposed as are property taxes and shall be based on the assessed value of the real property described in subsection (e). Except as provided in subsection (k), the township assessor, or the county assessor if there is no township assessor for the township, shall assess the real property described in subsection (e) as though the property were not subject to an exemption.

(h) PILOTS collected under this section shall be deposited in the unit's affordable housing fund established under IC 5-20-5-15.5 and used for any purpose for which the affordable housing fund may be used.

(i) PILOTS shall be due as set forth in the ordinance and bear interest, if unpaid, as in the case of other taxes on property. PILOTS shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.

(j) This section does not apply to a county that contains a consolidated city or to a political subdivision of the county.

(k) If the duties of the township assessor have been transferred to the county assessor as described in IC 6-1.1-1-24, a reference to the township assessor in this section is considered to be a reference to the county assessor.

As added by P.L.74-2021, SEC.3.
Ind. Code § 36-9-27-36 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-36
Long range plan for reconstruction, maintenance, and vacation of drains; requests for advancement
Status: in_force

Sec. 36. (a) When the classification of drains, or a partial classification of drains, has been adopted by the board, the county surveyor shall prepare a long-range plan for:

(1) the reconstruction of regulated drains classified as in need of reconstruction;

(2) the establishment of an annual maintenance assessment for regulated drains classified as in need of periodic maintenance; and

(3) the vacating of regulated drains classified as drains that should be vacated.

The plan must set forth the approximate date each drain will be referred to the surveyor for report, taking into consideration the work load of the surveyor and the estimation by the surveyor of the time it will take to prepare each report.

(b) The long-range plan is subject to approval by the board, may be amended by the board at any time, and shall be reconsidered and brought up to date before June 1 of each year.

(c) The board shall refer each regulated drain to the county surveyor for a report in accordance with the long-range plan. If no long-range plan has been adopted by the board, and if the surveyor has classified only part of the regulated drains, the board may refer the regulated drains that have been classified to the surveyor for a report in the order of priority set forth in the partial classification.

(d) Ten percent (10%) of the owners of land affected by a regulated drain that has been classified as a drain that:

(1) is in need of reconstruction;

(2) is in need of periodic maintenance; or

(3) should be vacated;

may file with the board a written request that the board advance the proposed date when the drain will be referred to the county surveyor for report. Upon receipt of such a request, the board shall set the request for hearing at its next regular meeting and shall promptly mail notice of the time, date, and place of the hearing to the owners making the request. At the meeting any affected owner or the surveyor may present evidence for or against the request. After the hearing, the board may advance the date the drain will be referred to the surveyor if it is practicable to do so.

[Pre-Local Government Recodification Citation: 19-4-1-10 part.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-1.5-4-9 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-9
Initiation of reorganization
Status: in_force

Sec. 9. A reorganization may be initiated by:

(1) adopting a resolution under section 10 of this chapter; or

(2) filing a petition under section 11 of this chapter.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7.6-2-8 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-8
Repealed
Status: repealed

As added by P.L.232-2007, SEC.7. Repealed by P.L.178-2015, SEC.15.
Ind. Code § 36-9-6-6 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-6
Public ways and sidewalks; laying out, opening, and changing; grades
Status: in_force

Sec. 6. (a) The works board may lay out, open, change, and fix or change the grade of any public way, sidewalk, or public place in the city.

(b) The works board may keep a record of the grades of all public ways and sidewalks in the city.

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

As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981, P.L.46, SEC.8.
Ind. Code § 36-10-4-33 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-33
The local assessment duplicate; collection by county treasurer; payment date; foreclosure; installment payments; law governing; assessment bonds; expense of notices
Status: in_force

Sec. 33. (a) Upon completion of the assessment roll by the board, the board shall immediately prepare a duplicate of the assessment roll of benefits, to be known as "The Local Assessment Duplicate", and deliver it, duly certified, to the county treasurer. The amounts of benefits assessed are then liens superior to all other liens, except taxes, against the respective lots or parcels of land upon which they are assessed. The duties of the treasurer are the same as are prescribed by law for the collection of assessments for street improvements.

(b) The assessments of benefits are due and payable to the treasurer from the time of the delivery of the assessment duplicate to the treasurer. If the assessments are not paid within sixty (60) days after delivery, the board, through its attorney, shall proceed to foreclose the liens in a court of competent jurisdiction as mortgages are foreclosed, with similar rights of redemption and the right to sell the property to pay the assessments. The board may recover costs, reasonable attorney's fees, and interest from the expiration of the sixty (60) day period at the rate of six percent (6%) per year. If the person against whom the assessment is made is a resident of the city, demand shall be made by delivery to the person personally or mailing to the person's last and usual place of residence a notice of the assessment and demand for payment.

(c) A person assessed for special and local benefits may, within thirty (30) days after confirmation of the assessments, decide to pay the assessment in installments in the same manner as provided for the payment of assessments for the improvement or paving of streets in the city.

(d) Statutes concerning the payment of street improvement assessments by installments, the issuance of bonds and coupons to anticipate assessments, and the rights of bondholders and landholders apply to assessments made under this chapter when consistent with this chapter. If assessment bonds are issued, they shall promptly be sold by the board in the same manner as park district bonds are authorized to be sold under section 35 of this chapter. Assessment bonds are exempt from taxation for all purposes. The expense of all notices with respect to assessments and delinquencies shall be paid by the board and all interest on delinquencies shall be deposited into the general fund of the board.

[Pre-Local Government Recodification Citation: 19-7-30-28.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.127-2017, SEC.384.
Ind. Code § 36-4-3-18 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-18
Disannexation; appeal of order; bond; scope of order
Status: in_force

Sec. 18. (a) An order under section 17 of this chapter may be appealed to the circuit court, superior court, or probate court for the county in which any part of the affected territory is located. If an appeal is brought, the matters determined at the original hearing shall be tried de novo, and the circuit court's, superior court's, or probate court's order may be appealed in the same manner as other civil actions are tried and appealed. The municipality involved in the disannexation may, by its attorney, appear and defend its interests in the proceeding.

(b) The appellant or appellants in the circuit court, superior court, or probate court shall give to the clerk of the municipality a bond:

(1) with a solvent, freehold surety who is a resident of the county in which the territory is located;

(2) conditioned on the due prosecution of the appeal and the payment of all costs accrued by or to accrue against the appellant or appellants; and

(3) in a sum considered adequate by the clerk.

If the clerk approves the bond, the clerk shall immediately make a transcript of all proceedings in the cause and certify it, together with all papers in the cause, to the clerk of the court in which the appeal is filed.

(c) On an appeal under this section, a court may make orders concerning streets and alleys, including their vacation, and award damages.

[Pre-Local Government Recodification Citations: 18-5-10-47; 18-5-10-48; 18-5-10-52.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.84-2016, SEC.171.
Ind. Code § 36-7-11.3-49 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-49
Procedures for consideration of zoning matters referred by development commission
Status: in_force

Sec. 49. (a) The provisions of this chapter concerning:

(1) meetings and hearings of the commission; and

(2) the manner in which matters will be taken up and considered by the commission;

do not apply in the commission's consideration of rezoning matters referred to the commission by the development commission.

(b) With respect to the matters described in subsection (a), the commission may by rule determine procedures to dispose of the matters within the mandatory one hundred twenty (120) day period.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-31.6-12 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-12
Distribution of taxes from fund
Status: in_force

Sec. 12. On or before the twentieth day of each month, all amounts on deposit in the professional sports development area fund are appropriated for and shall be distributed to the board.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-8-11-19 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-19
No duplicate tax levies
Status: in_force

Sec. 19. The department of local government finance, when approving a rate and levy fixed by the board, shall verify that a duplication of tax levies does not exist between a fire protection district and a municipality or township within the boundaries of the district, so that taxpayers do not bear two (2) levies for the same service, except as provided by section 20 of this chapter.

[Pre-Local Government Recodification Citation: 19-1-45-21.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.90-2002, SEC.492.
Ind. Code § 36-8-16.7-39 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-39
Providers' duty to coordinate with board and provide information; board's use of confidential information
Status: in_force

Sec. 39. (a) In cooperation with the board, a provider shall designate a person to coordinate with and provide all relevant information to the board to assist the board in carrying out its duties under this chapter.

(b) A provider shall provide the automatic number identification, or a functional equivalent or successor, and any other information, including updates, required by the board to the county, the municipality, an authorized agent of a county or municipality, or the board or the board's authorized agent for purposes of establishing and maintaining a 911 system data base or online network repository of the data. The board may use confidential information received under this subsection solely for the purpose of providing statewide 911 service.

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.26.
Ind. Code § 36-9-27-18 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-18
Private and mutual drains; conversion to regulated drain; procedure upon request by all owners
Status: in_force

Sec. 18. (a) Whenever all of the owners affected by a private or mutual drain request the board in writing to assume jurisdiction over the private or mutual drain, the board shall refer the request to the county surveyor, who shall determine whether the private or mutual drain meets the standards of design and construction established under section 29 of this chapter.

(b) If the county surveyor determines that the private or mutual drain meets the standards of design and construction, the county surveyor shall make a written report of that fact to the board, which shall issue an order granting the request. The drain becomes a regulated drain when the request is granted.

(c) If the county surveyor determines that the private or mutual drain does not meet the standards of design and construction, the county surveyor shall make a written report of that fact to the board, which shall deny the request.

[Pre-Local Government Recodification Citation: 19-4-5-3 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.12; P.L.127-2017, SEC.331.
Ind. Code § 36-4-11-2 — Indiana Code / Title 36 / Article 4 / Chapter 11 / Section 36-4-11-2
Appointments by city executive; exceptions; suspension or removal; appointees serving remainder of unexpired term
Status: repealed

Sec. 2. (a) The city executive shall make the appointments prescribed by law. If an emergency requires additional employees for a city office, board, commission, department, institution, or utility, the executive may also appoint those employees.

(b) This subsection does not apply to appointments made under IC 20. An executive may not make an appointment between midnight December 31 and noon January 1 of the last year of the executive's final term of office.

(c) This subsection does not apply to appointments made under IC 20. The executive may remove from office a board or commission member appointed by a prior executive if the appointment was made on or after the date of the general election and:

(1) the prior executive was a candidate for nomination as a party's candidate for election to the office of executive at the primary election held during the last year of the prior executive's term of office and the prior executive was not nominated at that election; or

(2) the prior executive was a candidate for another term of office as executive at the general election held during the last year of the prior executive's term of office and the prior executive was not elected to another term of office at that election;

and if the executive notifies the appointee of the removal and sends a written statement of the reasons for the removal to the city legislative body.

(d) The executive may suspend or remove from office any officers, deputies, or other employees of the city appointed by the executive or a prior executive, by notifying them to that effect and sending a written statement of the reasons for the suspension or removal to the city legislative body.

(e) A person appointed by the executive to fill a vacancy caused by a removal under subsection (c) serves the remainder of the unexpired term of the appointee removed from office under subsection (c).

(f) Notwithstanding any other law, if the term of a member of a board who was appointed by the executive expires and the executive does not make an appointment to fill the vacancy, the member may continue to serve on the board for only sixty (60) days after the expiration date of the member's term.

[Pre-Local Government Recodification Citations: 18-1-6-2 part; 18-2-1-9 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.185-1988, SEC.3; P.L.68-1996, SEC.7.
Ind. Code § 36-11-3-11 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-11
Notice of adoption of an ordinance
Status: in_force

Sec. 11. The district shall provide notice of the adoption of an ordinance under section 10 of this chapter to:

(1) local health departments;

(2) the department of environmental management;

(3) the department of natural resources; and

(4) the Indiana department of health.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.56-2023, SEC.344.
Ind. Code § 36-7-4-1327 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1327
Fee reduction; appeal procedures
Status: in_force

Sec. 1327. An impact fee ordinance must provide a procedure through which the fee reduction decision made under section 1326 of this chapter may be appealed by the following persons:

(1) The person requesting the fee reduction.

(2) An infrastructure agency responsible for infrastructure of the applicable type for the impact zone in which the impact fee reduction is granted.

As added by P.L.221-1991, SEC.28.
Ind. Code § 36-2-7.5-2 — Indiana Code / Title 36 / Article 2 / Chapter 7.5 / Section 36-2-7.5-2
"Redacting technology"
Status: in_force

Sec. 2. As used in this chapter, "redacting technology" refers to technology that has the ability to:

(1) search recorded and filed documents; and

(2) redact Social Security numbers from recorded and filed documents.

As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.12.
Ind. Code § 36-12-1-9 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-9
Classification of public libraries
Status: in_force

Sec. 9. Public libraries are classified as either:

(1) Class 1 libraries, which comprise:

(A) all public libraries established after March 13, 1947; and

(B) all public libraries established before March 14, 1947, that have filed a resolution of conversion under section 10 of this chapter; or

(2) Class 2 libraries, which comprise all public libraries established before March 14, 1947, that have not filed a resolution of conversion under section 10 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-4.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.29.
Ind. Code § 36-4-2-4 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-4
Election; date; notice
Status: in_force

Sec. 4. (a) If petitions are filed under section 3 of this chapter, the legislative body of each municipality involved in the proposed merger shall meet and by resolution fix a date for the election. The date must be the same in each of the municipalities, and may not be more than three (3) months after the date of the filing of the petitions.

(b) Notice of an election under section 3 of this chapter must be given by publication in each municipality in the manner prescribed by IC 5-3-1.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.4; Acts 1981, P.L.45, SEC.14.
Ind. Code § 36-7-11.3-36 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-36
Written agreement required for zoning variance or certificate of appropriateness
Status: in_force

Sec. 36. (a) The commission may, by the vote of at least six (6) of the members or for a certificate of appropriateness by a majority of the members, as a condition of approval of a zoning variance or of issuance of a certificate of appropriateness, require:

(1) the petitioner;

(2) a person described by section 50(a)(2)(D) of this chapter; and

(3) the owner of the land for which the zoning variance or certificate of appropriateness is sought;

to prepare and execute in a form acceptable by the commission and to file with the commission a written agreement notarized by each signatory party.

(b) By the agreement signed under subsection (a) each party agrees for the party and for the party's heirs, successors, and assigns, and for a party with a legal or an equitable interest in the subject property, covenants for the party and for a successor to the legal or equitable interest in the property, to be bound by the following:

(1) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the future use or development of or construction upon the subject property.

(2) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the character, nature, or style of a proposed, contingent, or possible use or construction:

(A) for which the zoning variance or certificate of appropriateness is sought; or

(B) that would be permitted by the zoning variance or certificate of appropriateness.

(3) Undertakings that the commission has, in the furtherance of the intent and purpose of this chapter, required concerning the planning, design, or implementation of a proposed, contingent, or possible use or construction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(b).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-4-6-15 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-15
Ordinance, order, or resolution; presentation to city executive
Status: in_force

Sec. 15. After an ordinance, order, or resolution passed by the legislative body has been signed by the presiding officer, the clerk shall present it to the city executive, and record the time of the presentation.

[Pre-Local Government Recodification Citation: 18-1-3-6 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-7-3-12 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-12
Vacation of public way or place; petition; notice; hearing; adoption of ordinance; appeals
Status: in_force

Sec. 12. (a) Persons who:

(1) own or are interested in any lots or parts of lots; and

(2) want to vacate all or part of a public way or public place in or contiguous to those lots or parts of lots;

may file a petition for vacation with the legislative body of:

(A) a municipality, if all or any part of the public way or public place to be vacated is located within the corporate boundaries of that municipality; or

(B) the county, if all or the only part of the public way or public place to be vacated is located outside the corporate boundaries of a municipality.

(b) Notice of the petition must be given in the manner prescribed by subsection (c). The petition must:

(1) state the circumstances of the case;

(2) specifically describe the property proposed to be vacated; and

(3) give the names and addresses of all owners of land that abuts the property proposed to be vacated.

(c) The legislative body shall hold a hearing on the petition within thirty (30) days after it is received. The clerk of the legislative body shall give notice of the petition and of the time and place of the hearing:

(1) in the manner prescribed in IC 5-3-1; and

(2) by certified mail to each owner of land that abuts the property proposed to be vacated.

The petitioner shall pay the expense of providing this notice.

(d) The hearing on the petition is subject to IC 5-14-1.5. At the hearing, any person aggrieved by the proposed vacation may object to it as provided by section 13 of this chapter.

(e) After the hearing on the petition, the legislative body may, by ordinance, vacate the public way or public place. The clerk of the legislative body shall furnish a copy of each vacation ordinance to the county recorder for recording and to the county auditor.

(f) Within thirty (30) days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the circuit court, superior court, or probate court of the county. The court shall try the matter de novo and may award damages.

[Pre-Local Government Recodification Citations: 18-5-10-44; 18-5-10-50 part.]

As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.6; Acts 1982, P.L.211, SEC.2; P.L.84-2016, SEC.178.
Ind. Code § 36-8-3.2-3.5 — Indiana Code / Title 36 / Article 8 / Chapter 3.2 / Section 36-8-3.2-3.5
Physical agility test; standards; general aptitude test; review
Status: in_force

Sec. 3.5. (a) The appointing authority shall adopt standards for police officers establishing a physical agility test that:

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

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

(3) at a minimum includes testing the following:

(A) Muscular strength.

(B) Muscular endurance.

(C) Cardiovascular endurance.

(D) Musculoskeletal flexibility.

(b) The appointing authority may also adopt standards for police officers establishing a general aptitude test.

(c) The standards required by this section must be presented to the law enforcement training board established under IC 5-2-1-3 for review.

As added by P.L.4-1992, SEC.26.
Ind. Code § 36-9-2-4 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-4
Vehicles for public hire; regulation of services; exemptions
Status: in_force

Sec. 4. (a) Except as provided in subsection (b), a unit may regulate the services offered by persons who hold out for public hire the use of vehicles. This includes the power to fix the price to be charged for that service.

(b) A unit may not regulate the following:

(1) A transportation network company (as defined in IC 8-2.1-17-18).

(2) A TNC driver (as defined in IC 8-2.1-17-19).

[Pre-Local Government Recodification Citations: 18-1-1.5-13(c); 18-4-2-15; 18-4-2-16 part.]

As added by Acts 1980, P.L.211, SEC.4. Amended by P.L.175-2015, SEC.12.
Ind. Code § 36-7-7-8 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-8
Agreements with other states
Status: in_force

Sec. 8. Counties in the region may enter into agreements with other states, but these agreements do not affect other counties, subregions, or the region. One subregion may also contract with other subregions for services or programs.

[Pre-Local Government Recodification Citation: 18-7-1.1-5(h).]

As added by Acts 1981, P.L.309, SEC.26.
Ind. Code § 36-1.5-1-9 — Indiana Code / Title 36 / Article 1.5 / Chapter 1 / Section 36-1.5-1-9
Political subdivisions and reorganization committees subject to open door law and public records law
Status: in_force

Sec. 9. Political subdivisions and reorganization committees acting under this article are subject to IC 5-14-1.5 (open door law) and IC 5-14-3 (public records law).

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-1-10-16 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-16
Conveyance of structure to lessor and lease back; purchase price; option to purchase
Status: in_force

Sec. 16. (a) A political subdivision or agency owning a structure with respect to which its revenue bonds are outstanding may, to refinance those bonds, convey the structure to the lessor in fee simple and lease it from the lessor in accordance with this chapter.

(b) The price of a purchase under this section must be at least the sum of:

(1) the principal amount of the outstanding revenue bonds;

(2) interest on those bonds to the maturity date of bonds not subject to redemption before maturity and to the first redemption date of bonds subject to redemption before maturity; and

(3) the redemption premiums on all bonds subject to redemption before maturity.

An amount not less than this sum shall be deposited in trust for the payment of the outstanding revenue bonds in a manner consistent with the ordinance or trust agreement under which the bonds were issued. The money deposited in the trust, and investment income from it, not required for the payment of the bonds, shall be applied to the payment of the obligations issued by the lessor for the acquisition of the structure, and to a corresponding reduction of rentals for the leasing agent.

(c) Each lease entered into under this section must include an option permitting the political subdivision or agency to purchase the structure at a price not exceeding the amount required to retire all outstanding obligations issued by the lessor to acquire the property covered by the lease. The lease and sale of a parking facility under this section does not preclude the lease of air rights.

[Pre-Local Government Recodification Citation: 18-5-3.3-8.5.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.90-2002, SEC.465; P.L.174-2022, SEC.69.
Ind. Code § 36-1-4-13 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-13
Contempt and disorder in rooms of department
Status: in_force

Sec. 13. A unit may punish contempt and disorder in rooms of a department or agency.

[Pre-Local Government Recodification Citation: 18-1-1.5-2(11).]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-30.5-6 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-6
"Military base property"
Status: in_force

Sec. 6. As used in this chapter, "military base property" means real and personal property that is currently or was formerly part of a military base and is subject to development or reuse.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-1-8-2 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-2
Cash change fund; establishment; use
Status: in_force

Sec. 2. (a) The fiscal body of a political subdivision may permit any of its officers or employees having a duty to collect cash revenues to establish a cash change fund. Such a fund must be established by a warrant drawn on the appropriate fund of the political subdivision in favor of the officer or employee, in an amount determined by the fiscal body, without need for appropriation to be made for it.

(b) The officer or employee who establishes a cash change fund shall convert the warrant to cash, shall use it to make change when collecting cash revenues, and shall account for it in the same manner as is required for other funds of the political subdivision.

(c) The fiscal body shall require the entire cash change fund to be returned to the appropriate fund whenever there is a change in the custodian of the fund or if the fund is no longer needed.

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

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-9-27-98 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-98
Payment of assessments by municipality or county
Status: in_force

Sec. 98. (a) Whenever a regulated drain is:

(1) located wholly or partly within a municipality; and

(2) constructed, reconstructed, or maintained under this chapter;

the municipal fiscal body may, on behalf of the owners assessed or to be assessed within the municipality, pay the total assessment for the construction, reconstruction, or maintenance within the municipality. The payment may be made from any appropriation provided by law, including a cumulative drainage fund established under section 99 of this chapter.

(b) Whenever a regulated drain is:

(1) located outside the corporate boundaries of any municipality within a county; and

(2) constructed, reconstructed, or maintained under this chapter;

the county fiscal body may, on behalf of the owners assessed or to be assessed outside any municipality and within the county, pay all or part of the assessment for the construction, reconstruction, or maintenance outside any municipality and within the county. The payment of all or part of the assessment by the county fiscal body may be made only from a cumulative drainage fund established under section 99 of this chapter.

[Pre-Local Government Recodification Citations: 19-4-10.1-1 part; 19-4-10.1-2 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.9.
Ind. Code § 36-7-41-5 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-5
Term
Status: in_force

Sec. 5. (a) The term of each member is two (2) years and ends June 30 of an odd-numbered year.

(b) A member may be reappointed.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-9-37-42 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-42
Transfer of unclaimed money to surplus Barrett Law account
Status: reserved

Sec. 42. Balances of money may be transferred to the surplus Barrett Law account established under section 21 of this chapter (or under IC 36-9-19 before its repeal in 1993) if the following conditions are met:

(1) The balances have been on hand for at least ten (10) years.

(2) The balances were collected as waivered assessments for the payment of bonds.

(3) At least one (1) of the following conditions is met:

(A) Bonds have not been presented for payment.

(B) Bonds have:

(i) been presented for payment;

(ii) been withdrawn; and

(iii) have not been not presented for payment again for at least ten (10) years.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-10-3-1 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the following units:

(1) All counties.

(2) All municipalities.

[Pre-Local Government Recodification Citations: 19-7-4-6 part; 19-7-4-6.5 part.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.319, SEC.1; P.L.354-1985, SEC.1; P.L.227-1986, SEC.1; P.L.157-1991, SEC.2.
Ind. Code § 36-1-8-4 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-4
Transfer of prescribed amount to fund in need of money for cash flow purposes; extension of time for transfer
Status: in_force

Sec. 4. (a) The fiscal body of a political subdivision may, by ordinance or resolution, permit the transfer of a prescribed amount, for a prescribed period, to a fund in need of money for cash flow purposes from another fund of the political subdivision if all these conditions are met:

(1) It must be necessary to borrow money to enhance the fund that is in need of money for cash flow purposes.

(2) There must be sufficient money on deposit to the credit of the other fund that can be temporarily transferred.

(3) Except as provided in subsection (b), the prescribed period must end during the budget year of the year in which the transfer occurs.

(4) The amount transferred must be returned to the other fund at the end of the prescribed period.

(5) Only revenues derived from the levying and collection of property taxes or special taxes or from operation of the political subdivision may be included in the amount transferred.

(b) If the fiscal body of a political subdivision determines that an emergency exists that requires an extension of the prescribed period of a transfer under this section, the prescribed period may be extended for not more than six (6) months beyond the budget year of the year in which the transfer occurs if the fiscal body does the following:

(1) Passes an ordinance or a resolution that contains the following:

(A) A statement that the fiscal body has determined that an emergency exists.

(B) A brief description of the grounds for the emergency.

(C) The date the loan will be repaid that is not more than six (6) months beyond the budget year in which the transfer occurs.

(2) Immediately forwards the ordinance or resolution to the state board of accounts and the department of local government finance.

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

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.57-1991, SEC.3; P.L.10-1997, SEC.24; P.L.90-2002, SEC.460.
Ind. Code § 36-7-27-9 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-9
"Qualified economic development tax project"
Status: in_force

Sec. 9. As used in this chapter, "qualified economic development tax project" means a project that is expected to create, retain, or create and retain at least two thousand (2,000) jobs in the county.

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-10-16-36 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-36
Failure of eligible county or unit to make transfer to commission
Status: in_force

Sec. 36. (a) This section applies if an eligible county or an eligible unit fails to make a transfer or part of a transfer required by section 28 of this chapter.

(b) The treasurer of state or treasurer of county, as applicable, shall do the following:

(1) Withhold an amount equal to the amount of the transfer or part of the transfer under section 28 of this chapter that the eligible county or eligible unit failed to make from money in the possession of the state that would otherwise be available for distribution to the eligible county or eligible unit under any other law.

(2) Pay the amount withheld under subdivision (1) to the commission to satisfy the eligible county's or eligible unit's obligations to the commission.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-8-17-12 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-12
Enforcement of orders
Status: in_force

Sec. 12. The department may enforce an order issued under this chapter under IC 4-21.5-6.

As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.582; P.L.187-2021, SEC.152.
Ind. Code § 36-8-8.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-1
Repealed
Status: repealed

As added by P.L.62-2002, SEC.5. Repealed by P.L.51-2006, SEC.5.
Ind. Code § 36-9-29-3 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-3
Declaratory resolution; adoption; contents
Status: in_force

Sec. 3. (a) Whenever a city works board determines that:

(1) it is necessary for the general welfare, safety, and security of the city and its inhabitants to carry out any project for the protection of the city and its inhabitants from floods;

(2) the project cannot be carried out in the best or most economical manner without beneficially or injuriously affecting land or other property located outside the corporate boundaries of the city; and

(3) the required flood control works can best be provided for and maintained by the establishment of a special taxing district for that purpose;

it may adopt the declaratory resolution described in subsection (b).

(b) The declaratory resolution must include the following items:

(1) The necessity for providing flood protection for all or part of the city and for all or part of the contiguous territory within four (4) miles outside the corporate boundaries of the city, including all or part of any town within the four (4) mile limit. The necessity must be based upon floods that have occurred in the city and the contiguous territory in the preceding ten (10) years.

(2) The general character of the flood control works that the works board considers necessary to afford proper protection, and the general location and route of the levees, dikes, retaining walls, and other structures that the board considers necessary as part of those works.

(3) A general description of the boundaries of the territory that will be beneficially affected by the construction of the proposed works.

(4) A general estimate of the cost of the property that must be acquired for the construction of the proposed works, including the estimated amounts of damages to property injuriously affected but not acquired.

(5) A general estimate of the cost of construction and installation of the proposed works, based on the available information.

[Pre-Local Government Recodification Citation: 19-4-18-1 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-9-32-10 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-10
Impairment of rights and remedies of owners of bonds
Status: in_force

Sec. 10. The state covenants and agrees with the owners of any bonds issued under this chapter that so long as any bonds of a municipality issued under this chapter are outstanding or unpaid, the state will not in any way impair the rights and remedies of the owners of the bonds, until the bonds, together with interest on them, interest on any unpaid installment of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the owners, are fully paid, met, and discharged.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-9-22.5-7 — Indiana Code / Title 36 / Article 9 / Chapter 22.5 / Section 36-9-22.5-7
No effect on authority of unit or department of transportation
Status: in_force

Sec. 7. (a) This chapter does not abrogate, limit, or affect in any manner the authority of a unit under:

(1) IC 8-1-2-101; or

(2) any other law;

to otherwise regulate or control a public right-of-way owned or controlled by the unit.

(b) This chapter does not abrogate, limit, or affect in any manner the authority of the Indiana department of transportation under:

(1) IC 8-23; or

(2) any other law;

to safely and efficiently manage and operate the state highway system and associated highway rights-of-way for the benefit of the traveling public.

As added by P.L.150-2019, SEC.2.