Ind. Code § 36-2-4-10 — Indiana Code / Title 36 / Article 2 / Chapter 4 / Section 36-2-4-10
Meetings; rules
Status: in_force

Sec. 10. A county executive or county fiscal body may adopt rules for the transaction of business at its meetings.

[Pre-Local Government Recodification Citations: 17-1-14-8 part; 17-1-24-7 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-1-4-22.1 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-22.1
License bond
Status: in_force

Sec. 22.1. (a) The following definitions apply throughout this section:

(1) "Contractor" means a person that enters into a contract requiring the person to perform one (1) or more tasks in a residential construction project or a similar project.

(2) "License bond" refers to a surety bond required by a political subdivision as a condition that the political subdivision issue a license or a permit to a person. The term does not refer to a performance bond.

(3) "Political subdivision" includes an agency, office, or department of the political subdivision.

(4) "Residential onsite sewage system" has the meaning set forth in IC 16-41-25-0.4(a).

(b) If a contractor:

(1) has posted a license bond to obtain one (1) license or registration from a political subdivision; and

(2) is required to obtain another license or registration from the political subdivision to perform work that the contractor intends to perform;

the contractor may not be required to post a second license bond as a condition of obtaining the second license or registration if the type of work that the first license or registration authorizes the contractor to perform is so closely related to the type of work that the second license or registration will authorize the contractor to perform that both types of work are typically involved in a single residential construction project.

(c) Under subsection (b), a contractor that has posted a license bond to obtain an excavator's license or registration from a political subdivision may not be required to post a second license bond to obtain a license or registration from the political subdivision as a residential onsite sewage system installer.

As added by P.L.157-2024, SEC.7.
Ind. Code § 36-6-1.5-4 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-4
General requirements
Status: in_force

Sec. 4. At least two (2) township governments may merge to form one (1) township government under this chapter, if:

(1) the township governments are entirely located within the same county;

(2) all the territory within the township governments is subject to the merger; and

(3) each township whose government is subject to the merger is contiguous to at least one (1) other township whose government is subject to the merger.

As added by P.L.240-2005, SEC.3.
Ind. Code § 36-1-10-6 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-6
Limitation on term of lease
Status: in_force

Sec. 6. A leasing agent may not enter into a lease for a period of more than fifty (50) years.

[Pre-Local Government Recodification Citation: 18-5-3.3-1 part.]

As added by Acts 1981, P.L.57, SEC.36.
Ind. Code § 36-7-15.6-9 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-9
Board of public works; proposal to establish a district; requirements; public hearing
Status: in_force

Sec. 9. (a) A unit's board of public works may propose to establish a flood control improvement district under this chapter.

(b) A board of public works that proposes to establish a flood control improvement district shall do the following:

(1) Establish the boundaries for the district subject to section 10 of this chapter.

(2) Identify the owner or owners of each parcel of special flood hazard property in the district.

(3) Create a proposed plan for flood control works within the district subject to the requirements of this chapter, including the location, designs, and all necessary specifications for the flood control works.

(c) The board of public works shall hold a public hearing on a proposal to establish a district under this section. The hearing shall be conducted in accordance with IC 5-14-1.5, and notice of the hearing shall be published in accordance with IC 5-3-1. In addition, the board of public works shall mail a copy of the notice to each owner of special flood hazard property within the proposed district. The notice must include the boundaries of the district, a description and location of the proposed flood control works within the district, and the date of the hearing.

(d) At the public hearing under subsection (c), the board of public works shall hear all owners of real property in the proposed district (who appear and request to be heard) upon the questions of:

(1) the identification of the owner's property as special flood hazard property as defined under section 8 of this chapter;

(2) the boundaries of the district; and

(3) the utility and benefit of the proposed plan for the flood control works within the district.

The board of public works shall consider all evidence and objections presented at the hearing and may modify the boundaries of the district, or the proposed plan for flood control works within the district, subject to the requirements of this chapter.

(e) After conducting a public hearing under this section, the board of public works may submit a written recommendation to the commission to establish a district within the boundaries of the unit. A recommendation submitted to the commission under this subsection must include:

(1) the geographic boundaries of the district; and

(2) the proposed plan for the flood control works within the district.

(f) If the board of public works submits a written recommendation to the commission under subsection (e) to establish a district within the boundaries of the unit, then the board of public works shall notify each owner of special flood hazard property within the proposed district of its recommendation and include with the notification a statement of the manner in which each owner of special flood hazard property may participate in public hearings held by the commission as set forth under section 11 of this chapter regarding the designation of a district.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-1-12-21 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-21
Plumbing installations; proof of licensure
Status: in_force

Sec. 21. (a) A person who submits a bid for a public works contract under this chapter that involves the installation of plumbing must submit evidence that the person is a licensed plumbing contractor under IC 25-28.5-1.

(b) If a public works contract under this chapter is awarded to a person who does not meet the requirements of subsection (a), the contract is void.

As added by P.L.20-1991, SEC.13.
Ind. Code § 36-9-31-17 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-17
Tax exemption; bonds and grant and bond anticipation notes
Status: in_force

Sec. 17. All bonds, as well as grant and bond anticipation notes, issued under this chapter and the interest on them are exempt from taxation in accordance with IC 6-8-5.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-8-16.9-2 — Indiana Code / Title 36 / Article 8 / Chapter 16.9 / Section 36-8-16.9-2
Prohibition on residency requirements
Status: in_force

Sec. 2. A public safety agency may not establish or maintain residency requirements for a public safety telecommunicator employed by a public safety agency.

As added by P.L.18-2023, SEC.1.
Ind. Code § 36-8-2.1-6 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-6
Contracts executed or renewed before certain dates
Status: in_force

Sec. 6. (a) This chapter does not affect a contract concerning police officers executed or renewed before July 1, 2019.

(b) This chapter does not affect a contract concerning firefighters executed or renewed before July 1, 2020.

As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.8.
Ind. Code § 36-8-11-1 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-1
Repealed
Status: repealed

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.63. Repealed by P.L.36-2000, SEC.11.
Ind. Code § 36-7-31-17 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-17
Deposit of taxes in professional sports development area fund
Status: in_force

Sec. 17. Covered taxes attributable to a taxing area established under section 14 of this chapter shall be deposited in the professional sports development area fund established by section 16(a) of this chapter for the county.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.182-2009(ss), SEC.416.
Ind. Code § 36-2-17-6 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-6
Destruction of records; meetings; list; replacement; appointment of commissioner
Status: in_force

Sec. 6. (a) If records belonging to the county or a court of record in the county are destroyed, the county auditor shall immediately notify the county executive, which shall meet at the time and place specified by the auditor. During the next twelve (12) months, the county executive may hold additional meetings concerning the destroyed records if it finds that such meetings are necessary.

(b) At the meeting held under subsection (a) of this section, after a showing that records of the county or a court of record in the county have been destroyed, the county executive shall order the county auditor to make out and certify a list of all the destroyed records that were furnished by the state under a statute or joint resolution. The auditor shall immediately forward this list to the governor, who shall immediately give notice of the destruction of county records to the state officer whose duty it is to furnish records to the county. That officer shall immediately furnish to the county all records on the list, as if the county had never received them.

(c) At the meeting held under subsection (a) of this section, the county executive shall appoint a person as a commissioner if any of the records of:

(1) a court of record in the county;

(2) a clerk of a court of record in the county; or

(3) a county officer other than the county recorder;

have been destroyed. After taking an oath of office, the commissioner has the powers and duties set forth in section 7 of this chapter.

[Pre-Local Government Recodification Citations: 5-15-8-1; 5-15-8-2; 5-15-8-3; 5-15-8-9.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-4-6-18 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-18
Purposes of ordinance, order, resolution, or motion
Status: in_force

Sec. 18. The legislative body may pass ordinances, orders, resolutions, and motions for the government of the city, the control of the city's property and finances, and the appropriation of money.

[Pre-Local Government Recodification Citation: 18-1-3-6 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-7-11.2-17 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-17
"Subject property" defined
Status: in_force

Sec. 17. As used in this chapter, "subject property" means Meridian Street or bordering property or existing or proposed construction on the property:

(1) that is the subject of:

(A) a filing made with;

(B) a hearing or meeting of; or

(C) an appeal from;

the commission; or

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

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-8-13-6.5 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-6.5
Objection by taxpayers; department of local government finance hearing and action; appeal
Status: in_force

Sec. 6.5. (a) If the executive and the legislative body determine that money should be borrowed under section 6 of this chapter, not less than ten (10) taxpayers in the township who disagree with the determination may file a petition in the office of the county auditor not more than thirty (30) days after notice of the determination is given. The petition must state the taxpayers' objections and the reasons why the taxpayers believe the borrowing to be unnecessary or unwise.

(b) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for the hearing of the matter. The hearing shall be held not less than five (5) and not more than thirty (30) days after the receipt of the certified documents.

(c) The hearing may be held in the county where the petition arose or through electronic means.

(d) Notice of the hearing shall be given by the department of local government finance to the township and to the first ten (10) taxpayer petitioners listed on the petition by letter. The letter shall be sent to the first ten (10) taxpayer petitioners at the taxpayer's usual place of residence at least five (5) days before the date of the hearing.

(e) A:

(1) taxpayer who signed a petition filed under subsection (a); or

(2) township against which a petition under subsection (a) is filed;

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

As added by P.L.41-1993, SEC.51. Amended by P.L.90-2002, SEC.498; P.L.256-2003, SEC.38; P.L.38-2021, SEC.98.
Ind. Code § 36-9-31-3 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-3
Powers and duties of board
Status: in_force

Sec. 3. In order to provide for the collection and disposal of waste in the consolidated city and for the management, operation, acquisition, and financing of facilities for waste disposal, the board may exercise the following powers on behalf of the city, in addition to the powers specifically set forth elsewhere in this chapter:

(1) To sue and be sued.

(2) To exercise the power of eminent domain as provided in IC 32-24 within the corporate boundaries of the city; however, the power of eminent domain may not be exercised to acquire the property of any public utility used for the production or distribution of energy.

(3) To provide for the collection of waste accumulated within the service district and to provide for disposal of waste accumulated within the waste disposal district, including contracting with persons for collection, disposal, or waste storage, and the recovery of byproducts from waste, and granting these persons the right to collect and dispose of any such wastes and store and recover byproducts from them.

(4) To plan, design, construct, finance, manage, own, lease, operate, and maintain facilities for waste disposal.

(5) To enter into all contracts or agreements necessary or incidental to the collection, disposal, or recovery of byproducts from waste, such as put or pay contracts, contracts and agreements for the design, construction, operation, financing, ownership, or maintenance of facilities or the processing or disposal of waste or the sale or other disposition of any products generated by a facility. Notwithstanding any other statute, any such contract or agreement may be for a period not to exceed forty (40) years.

(6) To enter into agreements for the leasing of facilities in accordance with IC 36-1-10.

(7) To purchase, lease, or otherwise acquire real or personal property.

(8) To contract for architectural, engineering, legal, or other professional services.

(9) To exclusively control, within the city, the collection, transportation, storage, and disposal of waste and, subject to the provisions of sections 6 and 8 of this chapter, to fix fees in connection with these matters.

(10) To determine exclusively the location and character of any facility, subject to local zoning ordinances and environmental management laws (as defined in IC 13-11-2-71).

(11) To sell or lease to any person any facility or part of it.

(12) To make and contract for plans, surveys, studies, and investigations.

(13) To enter upon property to make surveys, soundings, borings, and examinations.

(14) To accept gifts, grants, or loans of money, other property, or services from any source, public or private, and to comply with their terms.

(15) To issue from time to time waste disposal district bonds to finance the cost of facilities as provided in section 9 of this chapter.

(16) To issue from time to time revenue bonds to finance the cost of facilities as provided in section 10 of this chapter.

(17) To issue from time to time waste disposal development bonds to finance the cost of facilities as provided in section 11 of this chapter.

(18) To issue from time to time notes in anticipation of grants or in anticipation of the issuance of bonds to finance the cost of facilities as provided in section 13 of this chapter.

(19) To establish fees for the collection and disposal of waste, subject to the provisions of sections 6 and 8 of this chapter.

(20) To levy a tax within the service district to pay costs of operation in connection with waste collection, waste disposal, mowing services, and animal control, subject to regular budget and tax levy procedures. For purposes of this subdivision, "mowing services" refers only to mowing services for rights-of-way or on vacant property.

(21) To levy a tax within the waste disposal district to pay costs of operation in connection with waste disposal, subject to regular budget and tax levy procedures.

(22) To borrow in anticipation of taxes.

(23) To employ staff engineers, clerks, secretaries, and other employees in accordance with an approved budget.

(24) To issue requests for proposals and requests for qualifications as provided in section 4 of this chapter.

(25) To require all persons located within the service district or waste disposal district to deposit waste at sites designated by the board.

(26) To otherwise do all things necessary for the collection and disposal of waste and the recovery of byproducts from it.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.38-1984, SEC.5; P.L.85-1995, SEC.42; P.L.1-1996, SEC.96; P.L.67-1999, SEC.1; P.L.2-2002, SEC.127; P.L.197-2016, SEC.151.
Ind. Code § 36-7-17.1-8 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-8
Conveyances; methods authorized
Status: in_force

Sec. 8. (a) The agency shall convey real property acquired for the purposes of this chapter to an individual qualified under section 7 of this chapter by using a method prescribed by subsection (b) or (c).

(b) The real property may be conveyed by a conditional sales contract, with title to remain in the agency until the individual receives the rehabilitation loan described in section 7(b)(1) of this chapter, subject to section 9 of this chapter.

(c) The title to real property may be conveyed as a determinable fee, with the language of the granting clause in the deed of conveyance providing that the real property is conveyed on the conditions that the purchaser:

(1) will apply for and receive a rehabilitation loan with respect to the real property not later than the period prescribed by the director of the agency in the rules and regulations described in section 11 of this chapter; and

(2) will comply with such additional terms, conditions, and requirements as the agency requires under this chapter.

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-7-14-22.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-22.5
Additional commission powers concerning real property; public meeting
Status: in_force

Sec. 22.5. (a) This section applies to the following:

(1) Real property:

(A) that was acquired by the commission to carry out a redevelopment project, an economic development area project, or an urban renewal project; and

(B) relative to which the commission has, at a public hearing, decided that the real property is not needed to complete the redevelopment activity, an economic development activity, or urban renewal activity in the project area.

(2) Real property acquired under this chapter that is not in a redevelopment project area, economic development area, or an urban renewal project area.

(3) Parcels of property secured from the county under IC 6-1.1-25-9(e) that were acquired by the county under IC 6-1.1-24 and IC 6-1.1-25.

(4) Real property donated or transferred to the commission to be held and disposed of under this section.

However, this section does not apply to property acquired under section 32.5 of this chapter (before its repeal).

(b) The commission may do the following to or for real property described in subsection (a):

(1) Examine, classify, manage, protect, insure, and maintain the property.

(2) Eliminate deficiencies (including environmental deficiencies), carry out repairs, remove structures, and make improvements.

(3) Control the use of the property.

(4) Lease the property.

(5) Use any powers under section 12.2 of this chapter in relation to the property.

(c) The commission may enter into contracts to carry out part or all of the functions described in subsection (b).

(d) The commission may extinguish all delinquent taxes, special assessments, and penalties relative to real property donated to the commission to be held and disposed of under this section. The commission shall provide the county auditor with a list of the real property on which delinquent taxes, special assessments, and penalties are extinguished under this subsection.

(e) Subject to the prior approval by the legislative body of the unit, real property described in subsection (a) may be sold, exchanged, transferred, granted, donated, or otherwise disposed of in any of the following ways:

(1) In accordance with section 22, 22.2, 22.6, 22.7, or 22.8 of this chapter.

(2) In accordance with the provisions authorizing an urban homesteading program under IC 36-7-17 or IC 36-7-17.1.

The commission shall provide to the legislative body of the unit at a public meeting all the information supporting the action the commission proposes to take under this subsection, including any terms and conditions to which the commission would have to agree to carry out the action.

(f) In disposing of real property under subsection (e), the commission may:

(1) group together properties for disposition in a manner that will best serve the interest of the community, from the standpoint of both human and economic welfare; and

(2) group together nearby or similar properties to facilitate convenient disposition.

As added by P.L.169-2006, SEC.70. Amended by P.L.118-2013, SEC.12; P.L.149-2014, SEC.12; P.L.183-2016, SEC.9.
Ind. Code § 36-12-13-6 — Indiana Code / Title 36 / Article 12 / Chapter 13 / Section 36-12-13-6
Enforcement of compact
Status: in_force

Sec. 6. The agencies and officers of this state and political subdivisions of the state shall enforce the compact and do all things appropriate within their power to effect the compact's purpose and intent.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-11-6.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-10-16-32 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-32
Economic improvement projects
Status: in_force

Sec. 32. If the lease provides for an economic improvement project or improvements to an economic improvement project to be constructed by the commission, the plans and specifications shall be submitted to and approved by all agencies designated by law to pass on plans and specifications for such project or improvements.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-2-13-7 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-7
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-3-5-6; 33-1-6-4.]

As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.144-1983, SEC.2.
Ind. Code § 36-3-7-2 — Indiana Code / Title 36 / Article 3 / Chapter 7 / Section 36-3-7-2
Money consolidated city is entitled to receive
Status: in_force

Sec. 2. The consolidated city is entitled to receive the following monies, as they become available, to use in carrying out the powers, duties, and obligations of the consolidated city and its special service districts and special taxing districts:

(1) Revenues from the levies of taxes or special taxes on property or otherwise as prescribed by law.

(2) The aggregate of allocated amounts of money collected and available for distribution to the consolidated city and the county in the motor vehicle highway account as prescribed by IC 8-14-1.

(3) All public money, whether held in general accounts, special accounts, trusts, or otherwise, or receivable by the county or the consolidated city, or its departments, special taxing districts, or special service districts, that is budgeted or made available for functions conferred on the consolidated city or its departments or districts.

(4) All money that becomes available from the federal government or any federal agency organized for the disbursement or allocation of federal monies in furtherance of powers conferred on the consolidated city or its departments or districts.

(5) All money appropriated in furtherance of the powers conferred on the consolidated city.

(6) All money received as proceeds from the sale of bonds by the consolidated city or its special taxing districts.

(7) All parking fees and mass transportation revenues collected by the department of transportation under IC 36-9.

(8) All money received by the consolidated city from the exercise of its powers or control and use of its property.

(9) All money in the cigarette tax fund available for distribution to the consolidated city or the department of transportation as prescribed by IC 6-7-1-30.1.

(10) The aggregate of allocated amounts of money collected and available for distribution to the consolidated city and the county as prescribed by IC 7.1-4-7 pertaining to alcoholic beverage fees and taxes.

(11) Any other money available for distribution by the state under any statute, according to that statute.

[Pre-Local Government Recodification Citation: 18-4-14-1 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-12-7-1 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies only to Class 2 public libraries.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7.5-1-2 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-2
"Airport authority"
Status: in_force

Sec. 2. "Airport authority" refers to an airport authority established under IC 8-22-3 in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

As added by P.L.214-2005, SEC.73. Amended by P.L.11-2023, SEC.124.
Ind. Code § 36-9-37-41 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-41
Money deposited in general fund; claims
Status: in_force

Sec. 41. (a) A person who is legally entitled to any money paid into the municipal general fund under sections 39 and 40 of this chapter may file a claim for the money with the municipal fiscal officer.

(b) A claim under subsection (a) must be filed as follows:

(1) In the same manner as other claims are filed against the municipality.

(2) Not later than five (5) years after the money is paid into the general fund.

(c) The fiscal officer shall pay the claim out of the general fund of the municipality if, upon investigation and proper proof of the claim, the municipal officials charged with the duty of making payments from Barrett Law funds do the following:

(1) Determine that the claimant is legally entitled to the money.

(2) Approve the refund of the money.

(d) The payment of the claim by the fiscal officer under subsection (c) shall be made without an appropriation.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-10-4-40 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-40
Separate contracts with another party for public improvements or repairs; violation of section
Status: in_force

Sec. 40. (a) Unless the board publicly declares an emergency, it may not during any six (6) month period make separate contracts with another party for public improvements or repairs under section 13 of this chapter on the same construction or repair site or on the same construction or repair project involving more than one (1) site, without advertising for and accepting public bids, if the aggregate cost of the separate contract is more than fifteen thousand dollars ($15,000).

(b) A commissioner who knowingly violates subsection (a) commits a Level 6 felony.

(c) A person who accepts a contract with the board, knowing that subsection (a) was violated in connection with the contract, commits a Level 6 felony and may not be a party to or benefit from any contract with an Indiana governmental entity for two (2) years after the date of the person's conviction.

[Pre-Local Government Recodification Citation: 19-7-30-38.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.57, SEC.44; P.L.158-2013, SEC.682.
Ind. Code § 36-10-12-4 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-4
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17-1.]

As added by P.L.1-2005, SEC.47. Repealed by P.L.233-2015, SEC.341.
Ind. Code § 36-8-12.2-10 — Indiana Code / Title 36 / Article 8 / Chapter 12.2 / Section 36-8-12.2-10
Actions for reimbursement
Status: in_force

Sec. 10. A fire department that imposes a service charge under this chapter and maintains an action for reimbursement under IC 13-25-6-5 may recover all costs of the action, including attorney's fees.

As added by P.L.33-2001, SEC.3.
Ind. Code § 36-8-5-10 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-10
Credit for time spent on leave
Status: in_force

Sec. 10. (a) Except as provided in subsection (b) or (c), a member on leave under either section 2 or section 3 of this chapter is entitled to be credited with time spent in full-time employment for all purposes, including retirement and pension benefits.

(b) A member of the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund who is granted an unpaid leave of absence under the Family Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) shall be credited with time spent on leave for the purposes of benefit eligibility and vesting to the extent required by the Family Medical Leave Act. The member shall not receive credit for purposes of accruing additional benefits, except to the extent required by the Family Medical Leave Act.

(c) This subsection applies to a member of the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund who is granted a leave of absence for service in an elected office under section 2 of this chapter. In order to receive service credit in the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund for the period of the leave of absence, the member must pay to the applicable fund for or during the leave the assessment or contribution that the member would have paid during the period of the leave had the member not been on the leave during that time. The member's employer may pay all or a part of the assessment or contribution for the member.

[Pre-Local Government Recodification Citations: 19-1-4-1 part; 19-1-6.5-5 part.]

As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.213-1995, SEC.5; P.L.130-2008, SEC.3.
Ind. Code § 36-9-36-63 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-63
Certificates of indebtedness issued under IC 36-9-36-62; authorization; interest; payment; maturity date
Status: in_force

Sec. 63. (a) The certificates of indebtedness issued under section 62 of this chapter must be authorized by a resolution adopted by the works board and shall be signed by the following:

(1) The county auditor, for an improvement by a county.

(2) The municipal executive and fiscal officer, for an improvement by a municipality.

(b) The rate of interest on the certificates of indebtedness shall be fixed in the resolution of the works board. The rate may not be less than the current rate being paid on bonds then being issued in anticipation of the collection of special assessments.

(c) The certificates of indebtedness are payable out of the proceeds of the special tax levy or sale of bonds under section 64 of this chapter (or under IC 36-9-18 before its repeal in 1993). This fact must be recited on the face of the certificates.

(d) All of the certificates mature on December 31 of the year in which the special levy to pay the certificates is collected unless the resolution authorizing the issuance of the certificates of indebtedness provides the following:

(1) That not more than one-half (1/2) of the certificates are payable on June 30 of the year in which the special levy to pay the certificates is collected if a levy has been made in place of the sale of bonds.

(2) That the balance is payable on December 31 of the same year.

(e) The certificates of indebtedness do not draw interest after the maturity date named in the certificates unless the certificates are presented for payment on that date and stamped "not paid for want of funds". If not paid for want of funds, the certificates may be presented for payment again at six (6) month intervals after the maturity date, until the certificates are paid.

(f) If a sufficient levy or sale of bonds is not made in any year for the payment of the certificates of indebtedness, the certificates shall be paid when money becomes available for that purpose out of taxes collected from any subsequent levy of the special tax or sale of bonds.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-5-1-12 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-12
Proceedings to dissolve or change name; petition, signatures, and reasons
Status: in_force

Sec. 12. (a) Proceedings to dissolve a town may be instituted under either this section or IC 36-5-1.1.

(b) A proceeding under this section may be instituted to either dissolve the town or change its name. The proceeding is instituted by filing a petition with the town clerk. The petition must be signed by at least the number of the voters of the town required to place a candidate on the ballot under IC 3-8-6-3, must be verified by at least one (1) of the petitioners, and must include the reasons for the dissolution or change of name.

[Pre-Local Government Recodification Citation: 18-3-1-22 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.342-1987, SEC.1; P.L.12-1995, SEC.129; P.L.219-2013, SEC.98.
Ind. Code § 36-7.6-3-5 — Indiana Code / Title 36 / Article 7.6 / Chapter 3 / Section 36-7.6-3-5
Development plan
Status: in_force

Sec. 5. (a) A development authority shall prepare a comprehensive strategic development plan that includes detailed information concerning the following:

(1) The proposed projects to be undertaken or financed by the development authority.

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

(A) Timeline and budget.

(B) The return on investment.

(C) The projected or expected need for an ongoing subsidy.

(D) Any projected or expected federal matching funds.

(b) The development authority shall, not later than January 1 of the second year following the year in which the development authority is established, submit the comprehensive strategic development plan for review by the budget committee and approval by the director of the office of management and budget and the Indiana economic development corporation. However, a development authority that has already submitted its comprehensive strategic development plan as part of an application for a grant or a loan under IC 5-28-37 (before its repeal) or IC 5-28-38 (before its repeal) is not required to resubmit its comprehensive strategic development plan under this subsection.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.19; P.L.237-2017, SEC.48; P.L.165-2021, SEC.214.
Ind. Code § 36-7.5-4.5-2 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-2
"Budget agency"
Status: in_force

Sec. 2. As used in this chapter, "budget agency" means the budget agency established by IC 4-12-1-3.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-2-2.9-15 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-15
Action on county contract by county employee
Status: in_force

Sec. 15. A county employee may not take action on a county contract unless permitted by a county ordinance. This section does not apply to a county officer.

As added by P.L.181-2025, SEC.12.
Ind. Code § 36-9-17.5-5 — Indiana Code / Title 36 / Article 9 / Chapter 17.5 / Section 36-9-17.5-5
Property tax levy limits
Status: in_force

Sec. 5. Notwithstanding any other law, the property tax levy limits imposed under IC 6-1.1-18.5-3 apply to property taxes imposed by a township under this chapter. For purposes of computing the property tax levy limit imposed on the township under IC 6-1.1-18.5-3, the township's property tax levy for a particular calendar year includes the levy imposed under this chapter.

As added by P.L.129-1999, SEC.2.
Ind. Code § 36-1-12-16 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-16
Necessity of compliance with chapter
Status: in_force

Sec. 16. A contract for public work by a political subdivision or agency is void if it is not let in accordance with this chapter.

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

As added by Acts 1981, P.L.57, SEC.38.
Ind. Code § 36-7-14-21 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-21
Commission authority in redevelopment area
Status: in_force

Sec. 21. (a) The redevelopment commission may proceed with the clearing and replanning of the area described in the resolution before the acquisition of all of that area. It may also proceed with the repair and maintenance of buildings that have been acquired and are not to be cleared, and with the following with respect to environmental contamination:

(1) Investigation.

(2) Remediation.

The redevelopment commission may carry out activities under this subsection by labor employed directly by the commission or by contract. Contracts for clearance may provide that the contractor is entitled to retain and dispose of salvaged material, as a part of the contract price or on the basis of stated prices for the amounts of the various materials actually salvaged.

(b) All contracts for material or labor under this section shall be let under IC 36-1.

(c) In the planning and rezoning of the real property acquired, the opening, closing, relocation, and improvement of public ways, and the construction, relocation, and improvement of levees, sewers, parking facilities, and utility services, the redevelopment commission shall proceed in the same manner as private owners of the property. It may negotiate with the proper officers and agencies of the unit to secure the proper orders, approvals, and consents.

(d) Any construction work required in connection with improvements in the area described in the resolution may be carried out by:

(1) the appropriate municipal or county department or agency; or

(2) the department of redevelopment, if:

(A) all plans, specifications, and drawings are approved by the appropriate department or agency; and

(B) the statutory procedures for the letting of contracts by the appropriate department or agency are followed by the department of redevelopment.

(e) The redevelopment commission may pay any charges or assessments made on account of orders, approval, consents, and construction work under this section, or may agree to pay these assessments in installments as provided by statute in the case of private owners. The commission may:

(1) by special waiver filed with the municipal works board or county executive, waive the statutory procedure and notices required by law in order to create valid liens on private property; and

(2) cause any assessments to be spread on a different basis than that provided by statute.

(f) None of the real property acquired under this chapter may be set aside and dedicated for public ways, parking facilities, sewers, levees, parks, or other public purposes until the redevelopment commission has obtained the consent and approval of the department or agency under whose jurisdiction the property will be placed.

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

As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.310, SEC.89; Acts 1982, P.L.33, SEC.30; P.L.221-2007, SEC.36.
Ind. Code § 36-12-7-9 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-9
Dissolution
Status: in_force

Sec. 9. (a) Unless otherwise provided in the public library's charter, dissolution of a library district is initiated when the legislative body of each municipality, township, or county that is a part of the district and library board of the district adopt identical resolutions proposing to dissolve the district by an affirmative vote of a majority of the voting members of each legislative body and library board.

(b) Copies of the resolutions adopted under subsection (a) shall be filed not later than ten (10) days after the resolution is adopted with:

(1) the state library; and

(2) the county recorder of each county in which the library district is located.

(c) A dissolution does not take effect until:

(1) all legal and fiscal obligations of the library district have been satisfied;

(2) the assets of the district have been distributed; and

(3) a notice is filed with the agencies listed in subsection (b), indicating that the actions described in subdivisions (1) and (2) have been completed and the dissolution is final.

As added by P.L.113-2010, SEC.165. Amended by P.L.42-2018, SEC.47.
Ind. Code § 36-7.6-4-1 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-1
Development authority fund; accounts; debt service
Status: in_force

Sec. 1. (a) A development board shall establish and administer a development authority fund.

(b) A development authority fund consists of the following:

(1) Amounts transferred under section 2 of this chapter by each county and municipality that is a member of the development authority.

(2) Amounts transferred to the fund by each county or municipality that is a member of the development authority, including any payments required under an interlocal agreement entered into under section 3(h) of this chapter. The transfers allowed by this subdivision may be made from any local revenue of the county or municipality, including property tax revenue, distributions, incentive payments, money deposited in the county's or municipality's local major moves construction fund under IC 8-14-16, money received by the county or municipality under a development agreement (as defined by IC 36-1-8-9.5), or any other local revenue that is not otherwise restricted by law or committed for the payment of other obligations.

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

(4) Money received from the federal government.

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

(c) On the date a development authority issues bonds for any purpose under this article, which are secured in whole or in part by the development authority fund, the development board shall establish and administer two (2) accounts within the development authority fund. The accounts must be the general account and the lease rental account. After the accounts are established, all money transferred to the development authority fund under subsection (b)(1) shall be deposited in the lease rental account and used only for the payment of or to secure the payment of obligations of an eligible political subdivision under a lease entered into by the eligible political subdivision and the development authority under this chapter. However, any money deposited in the lease rental account and not used for the purposes of this subsection shall be returned by the secretary-treasurer of the development authority to the unit that contributed the money to the development authority.

(d) Notwithstanding subsection (c), if the amount of all money transferred to a development authority fund under subsection (b)(1) for deposit in the lease rental account in any one (1) calendar year is greater than an amount equal to the product of:

(1) one and twenty-five hundredths (1.25); multiplied by

(2) the total of the highest annual debt service on any bonds then outstanding to their final maturity date, which have been issued under this article and are not secured by a lease, plus the highest annual lease payments on any leases to their final maturity, which are then in effect under this article;

then all or a part of the excess may instead be deposited in the general account.

(e) All other money and revenue of a development authority may be deposited in the general account or the lease rental account at the discretion of the development board. Money on deposit in the lease rental account may be used only to make rental payments on leases entered into by the development authority under this article. Money on deposit in the general account may be used for any purpose authorized by this article.

(f) A development authority fund shall be administered by the development authority that established the development authority fund.

(g) Money in a development authority fund shall be used by the development authority to carry out this article and does not revert to any other fund.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.20.
Ind. Code § 36-9-6.1-1 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each unit that:

(1) has established an advisory plan commission or a metropolitan plan commission under IC 36-7-4-202; or

(2) is participating in an area planning department established under IC 36-7-4-202.

As added by P.L.220-1986, SEC.30.
Ind. Code § 36-8-16.7-14 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-14
"Local exchange carrier"
Status: in_force

Sec. 14. As used in this chapter, "local exchange carrier" has the meaning set forth in 47 U.S.C. 153.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-9-27-76 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-76
Cooperation with state or federal agencies
Status: in_force

Sec. 76. The board may cooperate in joint effort with any state or federal agency in a proceeding to construct, reconstruct, or maintain a drain under this chapter. If the board is cooperating with a federal agency, and the rules or procedures of the agency are in conflict with this chapter in respect to issuing bids, awarding contracts, and administering contracts, the board may adopt the federal rules or procedures in those areas where conflict exists, and may proceed in accordance with the requirements of the federal rules or procedures.

[Pre-Local Government Recodification Citation: 19-4-7-1 part.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-8-7-1 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter applies to pension benefits for members of fire departments hired before May 1, 1977, in units for which a 1937 fund was established before May 1, 1977.

(b) A firefighter with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the firefighter:

(1) was hired before May 1, 1977;

(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981); and

(3) is rehired after April 30, 1977, by the same employer.

(c) A firefighter is covered by this chapter and not by IC 36-8-8 if the firefighter:

(1) was hired before May 1, 1977;

(2) did not convert under IC 19-1-36.5-7 (repealed September 1, 1981);

(3) was rehired after April 30, 1977, but before February 1, 1979; and

(4) was made, before February 1, 1979, a member of a 1937 fund.

(d) A firefighter who:

(1) is covered by this chapter before a consolidation under IC 36-3-1-6.1; and

(2) becomes a member of a fire department of a consolidated city under IC 36-3-1-6.1;

is covered by this chapter after the effective date of the consolidation, and the firefighter's service as a member of a fire department of a consolidated city is considered active service under this chapter.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-1 part; 19-1-47-1 part; subsections (b), (c) formerly 19-1-36.5-5 part.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.3-1990, SEC.130; P.L.170-2002, SEC.162; P.L.227-2005, SEC.39.
Ind. Code § 36-1-11-5.9 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-5.9
Sale or transfer of real property acquired by tax default; rights of abutting landowners; procedures
Status: in_force

Sec. 5.9. (a) As used in this section, "abutting landowner" has the meaning set forth in section 5(a) of this chapter.

(b) As used in this section, "real property acquired by tax default" means the following:

(1) Real property for which a county holds a tax deed issued under IC 6-1.1-25.

(2) Real property acquired by a political subdivision from a county under section 8 of this chapter if at the time of transfer the county held a tax deed issued under IC 6-1.1-25 for the real property.

(c) Notwithstanding sections 4, 4.1, 4.2, and 5 of this chapter, and subject to the procedures described in subsections (d) and (e), a disposing agent of a political subdivision may sell or transfer real property acquired by tax default without consideration or for a nominal consideration to an abutting landowner.

(d) A disposing agent who desires to transfer real property acquired by tax default to an abutting landowner shall send notice by certified mail to all abutting landowners. The notice must identify the tracts intended for sale by legal description and, if possible, by key number and street address. The notice must also include a statement that:

(1) the disposing agent is authorized to transfer the property for no consideration or for nominal consideration;

(2) the property may not be sold to a person who is ineligible under section 16 of this chapter; and

(3) an offer to purchase the property submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(A) beneficiary of the trust; and

(B) settlor empowered to revoke or modify the trust.

(e) Not earlier than fourteen (14) days after a disposing agent sends the notice described in subsection (d) to the abutting landowners of a tract, the disposing agent shall conduct the negotiation and sale of the tract under this section as follows:

(1) If only one (1) eligible abutting landowner makes an offer to purchase the tract, then subject to section 16 of this chapter and without appraisal or further notice, the disposing agent shall offer to negotiate for the sale of the tract with that abutting landowner.

(2) If more than one (1) eligible abutting landowner submits an offer to purchase the tract, the other eligible abutting landowners who submit offers shall be informed of the highest offer received and be given an opportunity to submit one (1) additional offer. The tract shall be sold to the eligible abutting landowner who submits the highest offer for the tract and who complies with any requirement under subsection (d)(3).

As added by P.L.27-2008, SEC.3.
Ind. Code § 36-7-31-8 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-8
"Tax area"
Status: in_force

Sec. 8. As used in this chapter, "tax area" means a geographic area established by a commission as a professional sports development area under section 14 of this chapter.

As added by P.L.255-1997(ss), SEC.19.
Ind. Code § 36-1-19-1 — Indiana Code / Title 36 / Article 1 / Chapter 19 / Section 36-1-19-1
Levy by county council
Status: in_force

Sec. 1. The county council of Knox County may fix and establish annually the rate of a special tax levy to be imposed on the taxable property of Knox County, for the support of Vincennes University. This levy may not exceed in any year, three cents ($0.03) on each one hundred dollars ($100) of the taxable property in Knox County. All revenue accruing from any tax levy imposed under this section shall be paid:

(1) into the county treasury as a separate and distinct fund; and

(2) to the proper fiduciary officer of Vincennes University on warrant of the county auditor.

[Pre-2007 Higher Education Recodification Citation: 23-13-17-1.]

As added by P.L.2-2007, SEC.382.
Ind. Code § 36-12-11-12 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-12
Repealed
Status: repealed

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

As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.35.
Ind. Code § 36-1-3.5-9 — Indiana Code / Title 36 / Article 1 / Chapter 3.5 / Section 36-1-3.5-9
Transfer to county executive of certain counties
Status: in_force

Sec. 9. (a) This section applies to the following counties:

(1) Elkhart County.

(2) Madison County.

(3) Tippecanoe County.

(4) Delaware County.

(5) LaPorte County.

(6) Vigo 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 executive of the county:

(1) County purchasing agency (formerly governed by IC 17-2-77).

(2) County data processing agency (formerly governed by IC 17-2-74).

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.148; P.L.170-2002, SEC.135; P.L.119-2012, SEC.175.
Ind. Code § 36-6-1.5-12 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-12
Budget, levy, and tax rate of new township; savings; adjustments
Status: in_force

Sec. 12. (a) Subject to subsection (b), the officers of the new township government shall:

(1) obtain from the department of local government finance approval under IC 6-1.1-18.5-7 of:

(A) a budget;

(B) an ad valorem property tax levy; and

(C) a property tax rate;

(2) fix the annual budget under IC 6-1.1-17;

(3) impose a property tax levy; and

(4) take any action necessary to ensure the collection of fees and other revenue;

for the new township government for the budget year following the year the officers take office.

(b) The resolutions approving the township government merger under this chapter must specify the amount (if any) of the decrease that the department of local government finance shall make to the maximum permissible property tax levies, maximum permissible property tax rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 of the new township to:

(1) eliminate double taxation for services or goods provided by the new township; or

(2) eliminate any excess by which the amount of property taxes imposed by the new township exceeds the amount necessary to pay for services or goods provided under this article.

(c) The fiscal body of the new township shall determine and certify to the department of local government finance the amount of the adjustment (if any) under subsection (b). The amount of the adjustment (if any) to be made under subsection (b) must comply with the resolutions approving the township government merger.

(d) The department may prescribe forms for submission to the department to expedite processing of mergers under IC 36-6-1.7.

As added by P.L.240-2005, SEC.3. Amended by P.L.58-2011, SEC.4; P.L.255-2013, SEC.14; P.L.134-2026, SEC.7.
Ind. Code § 36-7.5-6-4 — Indiana Code / Title 36 / Article 7.5 / Chapter 6 / Section 36-7.5-6-4
Blighted property demolition fund; purpose; administration
Status: in_force

Sec. 4. (a) The blighted property demolition fund is established to provide grants to the city of Gary to demolish qualified properties.

(b) The fund consists of:

(1) appropriations from the general assembly;

(2) available federal funds;

(3) transfers of money under IC 4-33-13-5(a)(3)(B);

(4) deposits required under section 5(a) and 5(b) of this chapter; and

(5) gifts, grants, donations, or other contributions from any other public or private source.

(c) The development authority shall administer the fund.

(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

(e) The money remaining in the fund at the end of a state fiscal year does not revert to the state general fund.

(f) Money in the fund is continuously appropriated for the purposes of this chapter.

As added by P.L.195-2023, SEC.6. Amended by P.L.157-2026, SEC.264.
Ind. Code § 36-9-27-13 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-13
Certain counties; county drainage advisory committees established; powers and duties
Status: in_force

Sec. 13. (a) This section applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

(b) There is established a county drainage advisory committee. The executive of each township in the county shall appoint one (1) resident of the executive's township to serve on the committee. Committee members serve for four (4) year terms. Members may not receive per diem or mileage for service on the committee.

(c) The county drainage advisory committee shall advise and assist the board in the performance of its powers, duties, and functions. The board or the county legislative body may assign responsibilities to the committee concerning drainage. The committee may select one (1) of its members as chair and may meet at the chair's call or at the call of any three (3) of its members.

[Pre-Local Government Recodification Citation: 19-4-1-8.5.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.12-1992, SEC.186; P.L.127-2017, SEC.328; P.L.11-2023, SEC.128.
Ind. Code § 36-1-9.5-10 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-10
"Contractor" defined
Status: in_force

Sec. 10. As used in this chapter, "contractor" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person contracting with or desiring to contract with an entity for performance of prescribed work.

As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.514.
Ind. Code § 36-9-29-17 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-17
Use of territory in connection with construction of flood control works; authorization
Status: in_force

Sec. 17. (a) If the state or a political subdivision has territory that will be affected in whole or in part by flood control works, it may grant to the flood control district the use of any property in which it has an interest, including its rights in public ways, for use in connection with the construction of the flood control works, upon the terms agreed upon. Such a grant must be authorized by:

(1) the governor and the state agency having jurisdiction of the property, for the state; or

(2) the fiscal body, for a political subdivision.

(b) Grants under this section shall be made in the form of a deed or other written instrument that may be recorded. The grant may provide that when property is no longer needed for the purposes of the flood control district, the property reverts to the state, or the political subdivision, making the grant.

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

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-7-2-9.5 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-9.5
Building code violation; identification of violation; citation to law, order, or interpretation violated
Status: in_force

Sec. 9.5. This section applies to any inspection of a building, structure, improvement, or other project that is required as part of the issuance of a building permit or improvement location permit. If a building code official or inspector finds that a building, structure, improvement, or other project violates an applicable law, order, or interpretation under section 9 of this chapter, the official or inspector shall:

(1) identify the specific:

(A) feature of the building, structure, improvement, or project that is noncompliant; and

(B) law, order, or interpretation upon which the finding of

noncompliance is based, specifying the edition, chapter, and section of any applicable building or fire code; and

(2) provide the information to the permit applicant.

As added by P.L.253-2017, SEC.1.
Ind. Code § 36-7-4-1342 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1342
Application of 1300 Series to certain towns; expiration of provision
Status: in_force

Sec. 1342. The general assembly finds that the powers of a local governmental unit to permit and provide for infrastructure are not limited by the provisions of this chapter except as expressly provided in this chapter.

As added by P.L.221-1991, SEC.43.
Ind. Code § 36-7-4-1102 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1102
Miscellaneous provisions; supplemental nature of planning law
Status: in_force

Sec. 1102. This chapter is supplemental to and does not abrogate the powers extended to agencies, bureaus, departments, commissions, divisions, or officials of state government by other statutes and these powers remain in effect. Powers of supervision and regulation by these entities of state government over political subdivisions or persons also are not abrogated and continue in effect.

[Pre-Local Government Recodification Citations: 18-7-4-1102; 18-7-5-98.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.126-2011, SEC.39.
Ind. Code § 36-7-38-17 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-17
Prohibited buyers; unauthorized foreign business associations
Status: in_force

Sec. 17. (a) As used in this section, "foreign business association" means a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or limited partnership that is organized under the laws of another state or another country.

(b) A foreign business association may not purchase, receive, or lease property from a land bank unless at the time the sale, transfer, or lease occurs:

(1) the foreign business association has obtained a certificate of authority from, or registered with, the secretary of state in accordance with the procedures described in IC 23, as applicable; and

(2) the foreign business association is in good standing in Indiana as determined by the secretary of state.

(c) If a foreign business association purchases, receives, or leases a tract that the foreign business association was not eligible under subsection (b) to purchase, receive, or lease, the sale, transfer, or lease of the property is void and the land bank retains the interest in the tract that the land bank possessed before the sale, transfer, or lease of the tract.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-7-4-615 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-615
Repealed
Status: repealed

As added by P.L.320-1995, SEC.9. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-4-3-16 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-16
Complaint alleging injury from failure to implement plan; limitation period; relief; requirements; change of venue; costs
Status: in_force

Sec. 16. (a) Within one (1) year after the expiration of:

(1) the one (1) year period for implementation of planned services of a noncapital nature under section 13(d)(4) of this chapter; or

(2) the three (3) year period for the implementation of planned services of a capital improvement nature under section 13(d)(5) of this chapter;

any person who pays taxes on property located within the annexed territory may file a complaint alleging injury resulting from the failure of the municipality to implement the plan. The complaint must name the municipality as defendant and shall be filed with the circuit or superior court of the county in which the annexed territory is located.

(b) The court shall hear the case within sixty (60) days without a jury. In order to be granted relief, the plaintiff must establish one (1) of the following:

(1) That the municipality has without justification failed to implement the plan required by section 13 of this chapter within the specific time limit for implementation after annexation.

(2) That the municipality has not provided police protection, fire protection, sanitary sewers, and water for human consumption within the specific time limit for implementation, unless one (1) of these services is being provided by a separate taxing district or by a privately owned public utility.

(3) That the annexed territory is not receiving governmental and proprietary services substantially equivalent in standard and scope to the services provided by the municipality to other areas of the municipality, regardless of topography, patterns of land use, and population density similar to the annexed territory.

(c) The court may:

(1) grant an injunction prohibiting the collection of taxes levied by the municipality on the plaintiff's property located in the annexed territory;

(2) award damages to the plaintiff not to exceed one and one-fourth (1 1/4) times the taxes collected by the municipality for the plaintiff's property located in the annexed territory;

(3) order the annexed territory or any part of it to be disannexed from the municipality;

(4) order the municipality to submit a revised fiscal plan for providing the services to the annexed territory within time limits set up by the court; or

(5) grant any other appropriate relief.

(d) A change of venue from the county is not permitted for an action brought under this section.

(e) If the court finds for the plaintiff, the defendant shall pay all court costs and reasonable attorney's fees as approved by the court.

(f) The provisions of this chapter that apply to territory disannexed by other procedures apply to territory disannexed under this section.

[Pre-Local Government Recodification Citation: 18-5-10-32.5.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.1-1991, SEC.208; P.L.255-1997(ss), SEC.14; P.L.217-1999, SEC.8; P.L.173-2003, SEC.25.
Ind. Code § 36-2-9-17 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-17
Calls for redemption of outstanding warrants at semiannual settlement; interest; violation
Status: in_force

Sec. 17. (a) At the semiannual settlement under IC 6-1.1-27, the auditor shall issue calls for the redemption of outstanding county warrants if there is any money available in the county treasury for redemption of those warrants.

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

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

[Pre-Local Government Recodification Citations: 17-3-25-1; 17-3-25-2; 17-3-25-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.57.
Ind. Code § 36-6-4-3 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-3
Duties
Status: in_force

Sec. 3. The executive shall do the following:

(1) Keep a written record of official proceedings.

(2) Manage all township property interests.

(3) Keep township records open for public inspection.

(4) Attend all meetings of the township legislative body.

(5) Receive and pay out township funds.

(6) Examine and settle all accounts and demands chargeable against the township.

(7) Administer township assistance under IC 12-20 and IC 12-30-4.

(8) Perform the duties of fence viewer under IC 32-26.

(9) Provide and maintain cemeteries under IC 23-14.

(10) Provide fire protection under IC 36-8, except in a township that:

(A) is located in a county having a consolidated city; and

(B) consolidated the township's fire department under IC 36-3-1-6.1.

(11) File an annual personnel report under IC 5-11-13.

(12) Prepare a statement of estimated expenditures and present the statement to the legislative body at the annual meeting under section 11 of this chapter.

(13) File the annual budget adopted by the township legislative body with the department of local government finance within the time specified and otherwise in accordance with IC 6-1.1-17-5(d).

(14) Submit information to the department of local government finance's computer gateway within the time specified as prescribed under IC 6-1.1-17-3(a).

(15) Provide and maintain township parks and community centers under IC 36-10.

(16) Destroy detrimental plants, noxious weeds, and rank vegetation under IC 15-16-8.

(17) Provide insulin to the poor under IC 12-20-16.

(18) Perform other duties prescribed by statute.

[Pre-Local Government Recodification Citations: subdivision (1) formerly 17-4-6-2 part; subdivision (2) formerly 17-4-6-2 part; subdivision (3) formerly 17-4-6-3 part; subdivision (4) formerly 17-4-6-3 part; subdivision (5) formerly 17-4-6-8; subdivision (6) formerly 17-4-28-3 part; subdivision (7) formerly 17-4-6-2 part; subdivision (8) formerly 17-4-6-5 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.191-1987, SEC.14; P.L.2-1992, SEC.889; P.L.2-1993, SEC.203; P.L.51-1996, SEC.76; P.L.2-2002, SEC.108; P.L.227-2005, SEC.36; P.L.73-2005, SEC.173; P.L.1-2006, SEC.562; P.L.2-2008, SEC.82; P.L.146-2008, SEC.709; P.L.1-2009, SEC.163; P.L.24-2022, SEC.4.
Ind. Code § 36-4-7-3 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-3
Appointive officers, deputies, and other employees; compensation
Status: in_force

Sec. 3. (a) This section does not apply to compensation paid by a city to members of its police and fire departments.

(b) Subject to the approval of the city legislative body, the city executive shall fix the compensation of each appointive officer, deputy, and other employee of the city. The legislative body may reduce but may not increase any compensation fixed by the executive. Compensation must be fixed under this section not later than November 1 of each year for the ensuing budget year.

(c) Compensation fixed under this section may be increased or decreased by the executive during the budget year for which it is fixed.

(d) Notwithstanding subsection (b), the city clerk may, with the approval of the legislative body, fix the salaries of deputies and employees appointed under IC 36-4-11-4.

[Pre-Local Government Recodification Citations: 18-1-6-4 part; 18-1-6-13 part; 18-1-6-14 part; 18-2-1-2 part; 18-2-1-9 part; 18-2-1-10 part; 18-2-5-1 part; 18-2-6-1 part; 18-2-7-1 part; 18-3-3-3 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.44-1991, SEC.5; P.L.35-1999, SEC.5; P.L.89-2001, SEC.7; P.L.169-2006, SEC.54; P.L.118-2012, SEC.1.
Ind. Code § 36-5-2-4.2 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-4.2
Change in number of members in legislative body; resolution; implementation
Status: in_force

Sec. 4.2. (a) This section applies to the alteration of the number of members of a legislative body.

(b) The legislative body may adopt a resolution to submit a public question on the number of legislative body members to the voters of the town. The resolution must state the following:

(1) The proposed number of legislative body members, which must be at least three (3) and not more than seven (7).

(2) The date of the general, municipal, or special election at which the public question will appear on the ballot.

(3) That the following question will be placed on the ballot in the form provided by IC 3-10-9-4:

"Shall the number of town council members be increased (or decreased, if applicable) from ___________ (insert the current number of members provided for) to _________ (insert the number of members proposed in the resolution)?".

(c) IC 3 applies to an election conducted under subsection (b). If the county election board will conduct the election at which the public question will be submitted, the question must be certified to the board under IC 3-10-9-3.

(d) If a majority of the votes cast on the question under subsection (b) are in the negative, the legislative body may not adopt a resolution under subsection (b) for at least one (1) year following the date the prior resolution was adopted.

(e) If a majority of votes cast on the question under subsection (b) are in the affirmative, the legislative body shall adopt an ordinance at its next regular meeting following the election altering the number of legislative body members to the number specified in the public question. The legislative body may also alter existing districts and establish new districts in the manner prescribed by IC 36-5-1-10.1. An ordinance adopted under this subsection becomes effective January 1 following its adoption.

(f) If the number of legislative body members is increased, the legislative body shall fill any resulting vacancy under IC 3-13-9-4. The legislative body may fill the vacancy before the ordinance described in subsection (e) takes effect. However, a town legislative body member appointed under this subsection does not assume office until the beginning of the term specified in section 3 of this chapter.

As added by P.L.11-1988, SEC.12. Amended by P.L.8-1989, SEC.98; P.L.1-1990, SEC.359; P.L.3-1993, SEC.274.
Ind. Code § 36-1-7-4 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-4
Agreements; when attorney general's approval required
Status: in_force

Sec. 4. (a) If an agreement under section 3 of this chapter:

(1) involves as parties:

(A) only Indiana political subdivisions; or

(B) an Indiana political subdivision and:

(i) a public instrumentality; or

(ii) a public corporate body;

created or authorized by state law;

(2) is approved by the fiscal body of each party that is an Indiana political subdivision either before or after the agreement is entered into by the executive of the party; and

(3) delegates to the treasurer or disbursing officer of one (1) of the parties that is an Indiana political subdivision the duty to receive, disburse, and account for all monies of the joint undertaking;

then the approval of the attorney general is not required.

(b) This subsection does not apply to an agreement to which school corporations are the only parties. If subsection (a) does not apply, an agreement under section 3 of this chapter must be submitted to the attorney general for the attorney general's approval. The attorney general shall approve the agreement unless the attorney general finds that it does not comply with the statutes, in which case the attorney general shall detail in writing for the parties the specific respects in which the agreement does not comply. If the attorney general fails to disapprove the agreement within sixty (60) days after it is submitted to the attorney general, it is considered approved.

[Pre-Local Government Recodification Citations: 18-5-1-4(f); 18-5-1.5-2(a); 18-5-1.5-3(c)(4) part; 18-5-1.5-3(d).]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.221-2007, SEC.25; P.L.233-2015, SEC.327; P.L.26-2020, SEC.2.
Ind. Code § 36-9-36-3 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-3
Limitations on authorized improvements; location of improvement; water main extensions
Status: in_force

Sec. 3. (a) The following apply to improvements made under this chapter by a county:

(1) An improvement may be made only in unincorporated areas that contain residential or business buildings.

(2) An improvement may not be made on a tract of land that:

(A) consists of at least ten (10) acres and contains only one (1) building that is used for residential purposes; or

(B) is used solely for agricultural purposes.

(b) A water main extension made under this chapter by a municipality may be made only within the corporate boundaries of the municipality.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-23-29 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-29
Connections to sewer by abutting property; approval required; fees; liens; disposition of fees
Status: in_force

Sec. 29. (a) If, as part of the construction of sewage works under this chapter, a municipality constructs a sewer suitable for use as a local or lateral sewer by abutting or adjoining property, it may charge a fee for connections to the sewer. The fee must be based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property.

(b) The board may approve or disapprove applications for connections and may fix the amount of the connection fee.

(c) A person who applies for a connection shall agree to pay the connection fee. If payment is not made as agreed, the fee constitutes a lien on the property for which the connection is made. Such a lien may be enforced in the manner prescribed by section 34 of this chapter.

(d) The municipal legislative body shall determine by ordinance whether the proceeds of connection fees collected under this section and other laws are to be used as:

(1) net revenues of the sewage works;

(2) payment toward the cost of construction of the works; or

(3) payment toward the cost of improving the works in the future.

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

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-8-19-7 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-7
Tax levy rate; different tax rates authorized; limitation on tax rates for certain territories
Status: in_force

Sec. 7. (a) Subject to subsections (d), (e), and (f), a tax levied under this chapter may be levied at:

(1) a uniform rate upon all taxable property within the territory; or

(2) different rates for the participating units included within the territory, so long as a tax rate applies uniformly to all of a unit's or fire protection district's taxable property within the territory.

(b) If a uniform tax rate is levied upon all taxable property within a territory upon the formation of the territory, different tax rates may be levied for the participating units included within the territory in subsequent years.

(c) This subsection applies to a territory established by an ordinance or a resolution adopted under this chapter after December 31, 2022. A total tax rate levied under this chapter upon taxable property within a territory upon the formation of the territory may be implemented over a number of years, not exceeding five (5), and in a manner subject to review and approval by the department of local government finance.

(d) This subsection applies to a territory established by an ordinance or a resolution adopted under this chapter after December 31, 2024. The provider unit and each participating unit in a territory may not impose a tax rate:

(1) in the case of property taxes first due and payable in 2027, on the unit's or fire protection district's taxable property within the territory for the fire protection territory fund established under section 8 of this chapter that exceeds forty cents ($0.40) per one hundred dollars ($100) of assessed valuation; and

(2) in the case of property taxes first due and payable in 2028 and each calendar year thereafter, on the unit's or fire protection district's taxable property within the territory for the fire protection territory fund established under section 8 of this chapter and the equipment replacement fund established under section 8.5 of this chapter that in aggregate exceeds forty cents ($0.40) per one hundred dollars ($100) of assessed valuation.

(e) This subsection applies to an existing fire protection territory that changes the boundaries of the fire protection territory by an ordinance or a resolution adopted under this chapter after December 31, 2025. The provider unit and each participating unit in a fire protection territory may not impose a tax rate for the fire protection territory fund established under section 8 of this chapter on taxable property located within the fire protection territory that exceeds forty cents ($0.40) per one hundred dollars ($100) of assessed valuation.

(f) This subsection applies only to an existing fire protection territory that changes the boundaries of the fire protection territory by an ordinance or a resolution adopted under this chapter after December 31, 2024, and before January 1, 2026. The provider unit and each participating unit in a fire protection territory may not impose a tax rate for the fire protection territory fund established under section 8 of this chapter on taxable property located within the fire protection territory that exceeds the certified tax rate imposed for the fire protection territory fund established under section 8 for property taxes first due and payable in 2026.

As added by P.L.37-1994, SEC.3. Amended by P.L.240-2001, SEC.4; P.L.172-2011, SEC.160; P.L.255-2017, SEC.46; P.L.95-2022, SEC.8; P.L.68-2025, SEC.240; P.L.157-2026, SEC.276.
Ind. Code § 36-7-32.5-3 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-3
"Executive"
Status: in_force

Sec. 3. As used in this chapter, "executive" means the following:

(1) In the case of a county that does not have a consolidated city, the president of the board of county commissioners.

(2) In the case of a county having a consolidated city, the mayor.

(3) In the case of a city, the mayor.

(4) In the case of a town that:

(A) does not have a mayor, the president of the town council; or

(B) does have a mayor, the mayor.

As added by P.L.135-2022, SEC.28.
Ind. Code § 36-11-7-3 — Indiana Code / Title 36 / Article 11 / Chapter 7 / Section 36-11-7-3
Repayment of money advanced by a county
Status: in_force

Sec. 3. When a district receives revenue from its operations or from the county in which the district is located, the district shall repay any money advanced to the advancing agency in the manner agreed.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-8-4.5-6 — Indiana Code / Title 36 / Article 8 / Chapter 4.5 / Section 36-8-4.5-6
Repealed
Status: repealed

As added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.27.
Ind. Code § 36-5-6-1 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all towns.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-2-2-8 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-8
Special meeting; notice
Status: in_force

Sec. 8. (a) If the public interest requires a special meeting of the executive, such a meeting may be called by a member of the executive or by:

(1) the county auditor;

(2) the county clerk, if the office of county auditor is vacant; or

(3) the county recorder, if the offices of county auditor and county clerk are both vacant.

(b) An officer calling a special meeting of the executive shall give at least forty-eight (48) hours notice of the meeting unless the meeting is called to deal with an emergency under IC 5-14-1.5-5. The notice must include a specific statement of the purpose of the meeting, and the executive may not conduct any unrelated business at the meeting.

[Pre-Local Government Recodification Citations: 17-1-16-1; 17-1-16-2; 17-1-17-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.14; Acts 1981, P.L.17, SEC.9; P.L.194-2015, SEC.4.
Ind. Code § 36-2-2-14 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-14
County administrator; appointment; power and duties; vacancy
Status: in_force

Sec. 14. (a) The executive may appoint a county administrator to be the administrative head of the county under the supervision of the executive and to hold office at the pleasure of the executive. The executive may assign any office, position, or duties under its control to the administrator, and may by resolution withdraw any of the powers and duties assigned.

(b) Under the supervision of the executive and with its express authorization by resolution, the administrator may:

(1) assist in the administration and enforcement of policies and resolutions of the executive;

(2) supervise activities of county government subject to the control of the executive;

(3) attend meetings of the executive;

(4) recommend measures for adoption to the executive;

(5) prepare and submit reports that the administrator considers advisable or that the executive requires;

(6) keep the executive fully advised on the financial condition of the county;

(7) prepare and submit a budget for each fiscal year; and

(8) perform other duties that the executive requests by resolution.

(c) If the administrator is absent from the administrator's office due to illness, death, vacation, resignation, or removal, the president of the executive, if any, or a qualified person appointed by the executive shall act as administrator until the administrator returns to the administrator's duties or the executive appoints a new administrator.

(d) The county executive may set the salary of the county administrator subject to salary parameters established by the county fiscal body.

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

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.140; P.L.127-2017, SEC.20; P.L.40-2026, SEC.12.
Ind. Code § 36-1.5-2-5 — Indiana Code / Title 36 / Article 1.5 / Chapter 2 / Section 36-1.5-2-5
"Reorganization"
Status: in_force

Sec. 5. "Reorganization" means a change in the structure or administration of a political subdivision described in IC 36-1.5-4-3 and IC 36-1.5-4-4.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-26-20 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-20
Approval of district by ordinance
Status: in_force

Sec. 20. The determination of the commission to create a district under this chapter, after approval by the board, must be approved by ordinance of the legislative body of the city.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-9-23-22 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-22
Bonds; security by trust indenture permitted; terms of indenture
Status: in_force

Sec. 22. (a) The municipal legislative body may secure revenue bonds issued under this chapter by a trust indenture between the municipality and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana, or another state. However, such a trust indenture may not convey or mortgage any part of the sewage works.

(b) The ordinance authorizing the revenue bonds may provide that:

(1) the trust indenture may contain reasonable provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the municipality and the board in relation to:

(A) the construction, acquisition, improvement, operation, repair, maintenance, and insurance of the sewage works; and

(B) the custody, safeguarding, and application of all money; and

(2) the works shall be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the board and satisfactory to the original bond purchasers or their successors, assigns, or nominees, who may be given the right to specify the security to be given by contractors and by any depository of the proceeds of bonds, revenues of the works, or other money pertaining to the works.

(b) The trust indenture may set forth the rights and remedies of the bondholders and trustee, restricting the individual right of action of bondholders as is customary in a trust indenture securing bonds and debentures of corporations. Except as otherwise provided in this chapter, the municipal legislative body may, by ordinance or in the trust indenture, specify:

(1) the officer, board, or depository that shall collect the proceeds of the sale of the bonds and the revenues of the sewage works; and

(2) the method of disbursing the proceeds and revenues.

[Pre-Local Government Recodification Citation: 19-2-5-15.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-7-38-7 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-7
Boards of land banks of second class cities
Status: in_force

Sec. 7. (a) This section applies to the board of a land bank established by a second class city.

(b) The board of a land bank to which this section applies is comprised of the following:

(1) Three (3) directors appointed by the executive of the second class city. A director appointed under this subdivision must be a resident of the second class city.

(2) Three (3) directors appointed by the legislative body of the second class city. A director appointed under this subdivision must be a resident of the second class city.

(3) A director appointed by the county treasurer of the county in which the second class city is located, or the county treasurer of the county in which most residents of the second class city reside, if the second class city is located in more than one (1) county. A director appointed under this subdivision must be a resident of the second class city.

(4) At most two (2) additional directors appointed, as applicable, in the manner and subject to the requirements set forth in the land bank's bylaws.

(c) The terms of the initial directors of a land bank to which this section applies are equal to:

(1) the remainder of the calendar year in which the land bank is established; plus

(2) a number of additional years equal to:

(A) one (1) calendar year, for directors appointed under subsection (b)(1);

(B) two (2) calendar years, for directors appointed under subsection (b)(2); and

(C) three (3) calendar years, for directors appointed under subsection (b)(3) or (b)(4).

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-5-1-5 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-5
Public hearing on petition; notice
Status: in_force

Sec. 5. The county executive shall hold a public hearing on a petition for incorporation not less than sixty (60) nor more than ninety (90) days after the date of the filing of the petition, and shall require the petitioners to send notice of the hearing by certified mail to:

(1) the residents and landowners of the territory as listed in the petition;

(2) the legislative body of each municipality having any corporate boundary within three (3) miles of the perimeter of the proposed new town;

(3) the executive of any other county in which a part of the proposed new town is located; and

(4) the executive of a township in which all or a part of the proposed new town is located.

[Pre-Local Government Recodification Citation: 18-3-1-7.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-9-36-49 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-49
Sale of property following foreclosure action; amount
Status: in_force

Sec. 49. (a) The property upon which the assessment is placed may not be sold for less than the amount of the assessment, attorney's fees, and costs. The proceeds of the sale shall be distributed as provided in this chapter.

(b) If the property sells for an amount greater than the amount necessary to pay the principal, interest, attorney's fees, and costs, the excess amount shall be paid to the property owner or party lawfully entitled to that excess amount.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-31.5-15 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-15
Uses of money from the fund
Status: in_force

Sec. 15. The capital improvement board may use money distributed from the additional professional sports development area fund to pay any costs related to a capital improvement described in section 4(a)(1) of this chapter, including the following:

(1) Any costs related to the operation, maintenance, or replacement of a capital improvement described in section 4(a)(1) of this chapter.

(2) Any costs related to constructing, renovating, and equipping a capital improvement described in section 4(a)(1) of this chapter.

(3) Any costs related to the financing or refinancing of a capital improvement described in section 4(a)(1) of this chapter.

(4) Any costs or expenses of the capital improvement board or the facilities authority incurred in connection with administering the capital improvement or related bonds, leases, agreements, or related undertakings.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-10-7.5-4 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-4
"Superintendent" defined
Status: in_force

Sec. 4. As used in this chapter, "superintendent" refers to a superintendent of parks and recreation appointed under this chapter.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.6.
Ind. Code § 36-9-27-66 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-66
Construction of connecting drain through lands owned by others; procedure
Status: in_force

Sec. 66. (a) Whenever:

(1) land has been assessed as benefited by the construction, reconstruction, or maintenance of a regulated drain;

(2) there is no open or tiled drain connecting the land with the regulated drain; and

(3) the waters from the land flow over or through land owned by others to reach the regulated drain;

the owner of the land assessed may petition the board to construct through the land of the other owners a new drain that will connect the petitioner's lands with the regulated drain. The petition must describe the land through which the new regulated drain will run, state the name and address of each owner of that land, describe the general route of the proposed new regulated drain, and state the proposed method of construction.

(b) The board shall refer the petition to the county surveyor for a report.

(c) If the county surveyor determines that the proposed drain is not practicable, the county surveyor shall report that fact to the board and the board shall deny the petition.

(d) If the county surveyor determines that the proposed drain is practicable, the county surveyor shall, in the manner prescribed by sections 49 through 52 of this chapter, prepare plans and specifications and all things necessary for the construction of the drain. The board shall, in the manner prescribed by sections 49 through 52 of this chapter, prepare a schedule of benefits and damages, serve the schedule upon the owners of land benefited or damaged, and hold a hearing on the schedule. Objections to the proceedings may be filed only on the grounds that:

(1) the objector is the owner of land damaged by the proposed drain and the board failed to so find or, if it did so, find, the damages awarded were insufficient; and

(2) the objector is the owner of land found by the board to be benefited, and the benefits assessed are excessive.

After the hearing, the board shall enter its order and findings in the manner prescribed by section 52 of this chapter.

(e) Any owner aggrieved by the final award of damages under subsection (d) may obtain judicial review under section 106 of this chapter. When the order of the board becomes conclusive, the board shall proceed to construct the drain in the manner prescribed by this chapter.

[Pre-Local Government Recodification Citation: 19-4-6-10.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.354.
Ind. Code § 36-9-39.1-1 — Indiana Code / Title 36 / Article 9 / Chapter 39.1 / Section 36-9-39.1-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

As added by P.L.169-2006, SEC.82.
Ind. Code § 36-9-4-41 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-41
Acquisition of systems by corporation; protection of employees
Status: in_force

Sec. 41. (a) Whenever a public transportation corporation acquires an urban mass transportation system under this chapter, the employees of the system must be protected as follows:

(1) The employees of the system must be retained to the fullest extent consistent with sound management, and those terminated or laid off must be assured priority of reemployment.

(2) The individual employees must be retained in positions the same as, or no worse than, their positions before the acquisition of the system.

(3) The rights, privileges, and benefits of the employees under any collective bargaining agreement are not affected, and the corporation shall assume the duties of the system under the agreement.

(4) The rights, privileges, and benefits of the employees under any pension or retirement plan are not affected, and the corporation shall assume the duties of the system under the plan.

(b) If a public transportation corporation acquires and leases an urban mass transportation system, or enters into a contract for the operation of the system under this chapter, the lease or contract must provide for compliance with subsection (a).

[Pre-Local Government Recodification Citation: 19-5-2-23.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-7-4-804 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-804
Improvement location or building permit; eligibility; violations of zoning or subdivision ordinance; hearing
Status: in_force

Sec. 804. (a) METRO. After a building contractor violates a zoning or subdivision ordinance three (3) times in a calendar year, the contractor is ineligible to receive an improvement location or building permit for one (1) year, beginning on the date of the third violation. Whenever a person for whom a structure is to be built applies for a permit, the person must disclose under the penalties for perjury the identity of the person's contractor; the person is eligible to receive a permit only if the person's contractor is eligible.

(b) METRO. A determination by the metropolitan development commission, after a hearing at which the contractor may be represented by counsel and may present evidence, is conclusive evidence of a violation under subsection (a).

[Pre-Local Government Recodification Citation: 18-7-2-58 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.174.
Ind. Code § 36-10-16-26 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-26
Joint agreements
Status: in_force

Sec. 26. The commission may enter into an agreement with an eligible participant or Indiana nonprofit corporation to:

(1) jointly equip, own, and purchase economic improvement projects in or serving the district; or

(2) otherwise carry out the purposes of the commission.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-9-24-2 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-2
"Sewage disposal facilities" defined
Status: in_force

Sec. 2. As used in this chapter, "sewage disposal facilities" means all or part of the facilities of a sewage disposal company furnishing service within the corporate boundaries of a municipality, or within one (1) mile outside those boundaries, including:

(1) certificates of territorial authority;

(2) indeterminate permits;

(3) franchises;

(4) rights-of-way; and

(5) easements;

but does not include the company's corporate stock, going-concern value, or good will.

[Pre-Local Government Recodification Citation: 19-2-5.5-1 part.]

As added by Acts 1981, P.L.309, SEC.97.
Ind. Code § 36-1-32-1 — Indiana Code / Title 36 / Article 1 / Chapter 32 / Section 36-1-32-1
"Prohibited person"
Status: in_force

Sec. 1. As used in this chapter, "prohibited person" means a city, town, province, county, school, college, or university located in a foreign adversary (as defined in 15 CFR 791.4).

As added by P.L.136-2024, SEC.52. Amended by P.L.116-2025, SEC.7.
Ind. Code § 36-7-14-57 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-57
Allocation area limitation
Status: in_force

Sec. 57. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:

(1) a resolution establishing an allocation provision under section 39 of this chapter that is adopted and approved under sections 15 through 17 of this chapter;

(2) a resolution adopted under IC 6-1.1-39-2 and confirmed under IC 6-1.1-39-3;

(3) a resolution adopted under IC 8-22-3.5-5 and confirmed under IC 8-22-3.5-6;

(4) a resolution establishing an allocation provision under IC 36-7-15.1-26 that is adopted and approved under IC 36-7-15.1-8, IC 36-7-15.1-9, and IC 36-7-15.1-10;

(5) a resolution establishing an allocation provision under IC 36-7-30-25 that is adopted and approved under IC 36-7-30-10, IC 36-7-30-11, and IC 36-7-30-12;

(6) a resolution establishing an allocation provision under IC 36-7-30.5-30 that is adopted and approved under IC 36-7-30.5-16, IC 36-7-30.5-17, and IC 36-7-30.5-18; or

(7) a resolution designating a certified technology park as an allocation area that is approved and adopted under IC 36-7-32-15;

on or before May 1, 2021. In addition, a new allocation area may not be established under this chapter that includes a parcel that is located in an allocation area described in this subsection.

(b) Except as provided in subsection (a), but notwithstanding any other provision, for the purpose of the allocation of property taxes under this chapter, a parcel may not be included in more than one (1) allocation area established under this chapter or under:

(1) IC 6-1.1-39;

(2) IC 8-22-3.5;

(3) IC 36-7-15.1;

(4) IC 36-7-30;

(5) IC 36-7-30.5;

(6) IC 36-7-32; or

(7) IC 36-7-32.5.

As added by P.L.38-2021, SEC.91. Amended by P.L.135-2022, SEC.23.
Ind. Code § 36-7-11.3-10 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-10
"Primary property" defined
Status: in_force

Sec. 10. As used in this chapter, "primary property" means property within an area designated as a primary area by the legislative body.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-30-20 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-20
Lessor of property
Status: in_force

Sec. 20. (a) Any of the following persons may lease facilities referred to in section 19 of this chapter to a military base reuse authority under this chapter:

(1) A for-profit or nonprofit corporation organized under Indiana law or admitted to do business in Indiana.

(2) A partnership, an association, a limited liability company, or a firm.

(3) An individual.

(4) With respect to all reuse authorities located in a county that does not have a consolidated city, a redevelopment authority established under IC 36-7-14.5.

(5) With respect to all reuse authorities located in a county with a consolidated city, an authority established under IC 36-7-15.3.

(b) Notwithstanding any other law, a lessor under this section and section 19 of this chapter is a qualified entity for purposes of IC 5-1.4.

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

(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments by a reuse authority to a lessor described in subsection (c) may be made from sources set forth in section 19 of this chapter if the payments and the lease are structured to prevent the lease obligation from constituting a debt of the unit or the district for purposes of the Constitution of the State of Indiana.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-9-12-4 — Indiana Code / Title 36 / Article 9 / Chapter 12 / Section 36-9-12-4
Deposit and disbursement of money collected from parking meters
Status: in_force

Sec. 4. (a) A municipality must provide, by ordinance, that:

(1) all license fees collected from parking meters shall be deposited with the municipal fiscal officer;

(2) the fees shall be deposited to the credit of the municipality in a special fund; and

(3) disbursements from the special fund may be made only on orders of the municipal works board, or board of transportation, and only for the purposes listed in subsection (b).

(b) Disbursements from the special fund may be made only to pay:

(1) the purchase price, rental fees, and cost of installation of the parking meters;

(2) the cost of maintenance, operation, and repair of the parking meters;

(3) incidental costs and expenses in the operation of the parking meters, including the cost of clerks and bookkeeping;

(4) the cost of traffic signal devices used in the municipality;

(5) the cost of repairing and maintaining any of the public ways, curbs, and sidewalks where the parking meters are in use, and all public ways connected with them in the municipality;

(6) the cost of acquiring, by lease or purchase, suitable land for offstreet parking facilities to be operated or leased by the municipality;

(7) the principal and interest on bonds issued to acquire parking facilities and devices;

(8) the cost of improving and maintaining land for parking purposes and purchasing, installing, and maintaining parking meters on that land;

(9) the cost of providing approved school crossing protective facilities, including the costs of purchase, maintenance, operation, and repair, and all other incidental costs; and

(10) the cost of maintenance and operation of a municipally owned park where parking meters are located.

[Pre-Local Government Recodification Citations: 18-4-10-3 part; 18-6-13-3; 19-5-3-3.]

As added by Acts 1981, P.L.309, SEC.85. Amended by P.L.147-2018, SEC.30.
Ind. Code § 36-7-15.1-26 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-26
Real property tax allocation and distribution
Status: in_force

Note: This version of section effective until 7-1-2026. See also following version of this section, effective 7-1-2026.

Sec. 26. (a) As used in this section:

"Allocation area" means that part of a redevelopment project area to which an allocation provision of a resolution adopted under section 8 of this chapter refers for purposes of distribution and allocation of property taxes.

"Base assessed value" means, subject to subsection (j), the following:

(1) If an allocation provision is adopted after June 30, 1995, in a declaratory resolution or an amendment to a declaratory resolution establishing an economic development area:

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

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

(2) If an allocation provision is adopted after June 30, 1997, in a declaratory resolution or an amendment to a declaratory resolution establishing a redevelopment project area:

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

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

(3) If:

(A) an allocation provision adopted before June 30, 1995, in a declaratory resolution or an amendment to a declaratory resolution establishing a redevelopment project area expires after June 30, 1997; and

(B) after June 30, 1997, a new allocation provision is included in an amendment to the declaratory resolution;

the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision adopted after June 30, 1997, as adjusted under subsection (h).

(4) Except as provided in subdivision (5), for all other allocation areas, the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the declaratory resolution, as adjusted under subsection (h).

(5) If an allocation area established in an economic development area before July 1, 1995, is expanded after June 30, 1995, the definition in subdivision (1) applies to the expanded part of the area added after June 30, 1995.

(6) If an allocation area established in a redevelopment project area before July 1, 1997, is expanded after June 30, 1997, the definition in subdivision (2) applies to the expanded part of the area added after June 30, 1997.

Except as provided in section 26.2 of this chapter, "property taxes" means taxes imposed under IC 6-1.1 on real property. However, upon approval by a resolution of the redevelopment commission adopted before June 1, 1987, "property taxes" also includes taxes imposed under IC 6-1.1 on depreciable personal property. If a redevelopment commission adopted before June 1, 1987, a resolution to include within the definition of property taxes, taxes imposed under IC 6-1.1 on depreciable personal property that has a useful life in excess of eight (8) years, the commission may by resolution determine the percentage of taxes imposed under IC 6-1.1 on all depreciable personal property that will be included within the definition of property taxes. However, the percentage included must not exceed twenty-five percent (25%) of the taxes imposed under IC 6-1.1 on all depreciable personal property.

(b) A resolution adopted under section 8 of this chapter on or before the allocation deadline determined under subsection (i) may include a provision with respect to the allocation and distribution of property taxes for the purposes and in the manner provided in this section. A resolution previously adopted may include an allocation provision by the amendment of that resolution on or before the allocation deadline determined under subsection (i) in accordance with the procedures required for its original adoption. A declaratory resolution or amendment that establishes an allocation provision must include a specific finding of fact, supported by evidence, that the adoption of the allocation provision will result in new property taxes in the area that would not have been generated but for the adoption of the allocation provision. For an allocation area established before July 1, 1995, the expiration date of any allocation provisions for the allocation area is June 30, 2025, or the last date of any obligations that are outstanding on July 1, 2015, whichever is later. However, for an allocation area identified as the Consolidated Allocation Area in the report submitted in 2013 to the fiscal body under section 36.3 of this chapter, the expiration date of any allocation provisions for the allocation area is January 1, 2051. A declaratory resolution or an amendment that establishes an allocation provision after June 30, 1995, must specify an expiration date for the allocation provision. For an allocation area established before July 1, 2008, the expiration date may not be more than thirty (30) years after the date on which the allocation provision is established. For an allocation area established after June 30, 2008, the expiration date may not be more than twenty-five (25) years after the date on which the first obligation was incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues. However, with respect to bonds or other obligations that were issued before July 1, 2008, if any of the bonds or other obligations that were scheduled when issued to mature before the specified expiration date and that are payable only from allocated tax proceeds with respect to the allocation area remain outstanding as of the expiration date, the allocation provision does not expire until all of the bonds or other obligations are no longer outstanding. The allocation provision may apply to all or part of the redevelopment project area. The allocation provision must require that any property taxes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the allocation area be allocated and distributed as follows:

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

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

(B) the base assessed value;

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

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

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

(A) Pay the principal of and interest on any obligations payable solely from allocated tax proceeds that are incurred by the redevelopment district for the purpose of financing or refinancing the redevelopment of that allocation area.

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

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

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

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

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

(G) Reimburse the consolidated city for expenditures for local public improvements (which include buildings, parking facilities, and other items set forth in section 17 of this chapter) that are physically located in or physically connected to that allocation area.

(H) Reimburse the unit for rentals paid by it for a building or parking facility that is physically located in or physically connected to that allocation area under any lease entered into under IC 36-1-10.

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

(i) in the allocation area; and

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

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

(J) Pay the costs of carrying out an eligible efficiency project (as defined in IC 36-9-41-1.5) within the unit that established the redevelopment commission. However, property tax proceeds may be used under this clause to pay the costs of carrying out an eligible efficiency project only if those property tax proceeds exceed the amount necessary to do the following:

(i) Make, when due, any payments required under clauses (A) through (I), including any payments of principal and interest on bonds and other obligations payable under this subdivision, any payments of premiums under this subdivision on the redemption before maturity of bonds, and any payments on leases payable under this subdivision.

(ii) Make any reimbursements required under this subdivision.

(iii) Pay any expenses required under this subdivision.

(iv) Establish, augment, or restore any debt service reserve under this subdivision.

(K) Expend money and provide financial assistance as authorized in section 7(a)(21) of this chapter.

The special fund may not be used for operating expenses of the commission.

(4) Before June 15 of each year, the commission shall do the following:

(A) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area will exceed the amount of assessed value needed to provide the property taxes necessary to make, when due, principal and interest payments on bonds described in subdivision (3) plus the amount necessary for other purposes described in subdivision (3) and subsection (g).

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

(i) state the amount, if any, of excess assessed value that the commission has determined may be allocated to the respective taxing units in the manner prescribed in subdivision (1); or

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

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. The commission may not authorize an allocation to the respective taxing units under this subdivision if to do so would endanger the interests of the holders of bonds described in subdivision (3). If a commission fails to provide the notice under this clause, the county auditor shall allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units. However, if the commission notifies the county auditor and the department of local government finance, no later than July 1, that it is unable to meet its debt service obligations with regard to the allocation area without all or part of the allocated tax proceeds attributed to the assessed value that has been allocated to the respective taxing units, then the county auditor may not allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units.

(C) If:

(i) the amount of excess assessed value determined by the commission is expected to generate more than two hundred percent (200%) of the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on bonds described in subdivision (3); plus

(ii) the amount necessary for other purposes described in subdivision (3) and subsection (g);

the commission shall submit to the legislative body of the unit the commission's determination of the excess assessed value that the commission proposes to allocate to the respective taxing units in the manner prescribed in subdivision (1). The legislative body of the unit may approve the commission's determination or modify the amount of the excess assessed value that will be allocated to the respective taxing units in the manner prescribed in subdivision (1).

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

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

(2) the base assessed value.

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

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

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

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

(2) the base assessed value.

(g) If any part of the allocation area is located in an enterprise zone created under IC 5-28-15, the unit that designated the allocation area shall create funds as specified in this subsection. A unit that has obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(3) shall establish an allocation fund for the purposes specified in subsection (b)(3) and a special zone fund. Such a unit shall, until the end of the enterprise zone phase out period, deposit each year in the special zone fund the amount in the allocation fund derived from property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) from property located in the enterprise zone that exceeds the amount sufficient for the purposes specified in subsection (b)(3) for the year. A unit that has no obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(3) shall establish a special zone fund and deposit all the property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) in the fund derived from property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) from property located in the enterprise zone. The unit that creates the special zone fund shall use the fund, based on the recommendations of the urban enterprise association, for one (1) or more of the following purposes:

(1) To pay for programs in job training, job enrichment, and basic skill development designed to benefit residents and employers in the enterprise zone. The programs must reserve at least one-half (1/2) of the enrollment in any session for residents of the enterprise zone.

(2) To make loans and grants for the purpose of stimulating business activity in the enterprise zone or providing employment for enterprise zone residents in the enterprise zone. These loans and grants may be made to the following:

(A) Businesses operating in the enterprise zone.

(B) Businesses that will move their operations to the enterprise zone if such a loan or grant is made.

(3) To provide funds to carry out other purposes specified in subsection (b)(3). However, where reference is made in subsection (b)(3) to the allocation area, the reference refers for purposes of payments from the special zone fund only to that part of the allocation area that is also located in the enterprise zone.

(h) The state board of accounts and department of local government finance shall make the rules and prescribe the forms and procedures that they consider expedient for the implementation of this chapter. After each reassessment under a reassessment plan prepared under IC 6-1.1-4-4.2, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value one (1) time to neutralize any effect of the reassessment of the real property in the area on the property tax proceeds allocated to the redevelopment district under this section. After each annual adjustment under IC 6-1.1-4-4.5, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the redevelopment district under this section. However, the adjustments under this subsection may not include the effect of property tax abatements under IC 6-1.1-12.1, and these adjustments may not produce less property tax proceeds allocable to the redevelopment district under subsection (b)(3) than would otherwise have been received if the reassessment under the reassessment plan or annual adjustment had not occurred. The county auditor shall, in the manner prescribed by the department of local government finance, submit the forms required by this subsection to the department of local government finance no later than July 15 of each year.

(i) The allocation deadline referred to in subsection (b) is determined in the following manner:

(1) The initial allocation deadline is December 31, 2011.

(2) Subject to subdivision (3), the initial allocation deadline and subsequent allocation deadlines are automatically extended in increments of five (5) years, so that allocation deadlines subsequent to the initial allocation deadline fall on December 31, 2016, and December 31 of each fifth year thereafter.

(3) At least one (1) year before the date of an allocation deadline determined under subdivision (2), the general assembly may enact a law that:

(A) terminates the automatic extension of allocation deadlines under subdivision (2); and

(B) specifically designates a particular date as the final allocation deadline.

(j) If the commission adopts a declaratory resolution or an amendment to a declaratory resolution that contains an allocation provision and the commission makes either of the filings required under section 10(e) of this chapter after the first anniversary of the effective date of the allocation provision, the auditor of the county in which the unit is located shall compute the base assessed value for the allocation area using the assessment date immediately preceding the later of:

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

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

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

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.72-1983, SEC.8; P.L.393-1987(ss), SEC.7; P.L.37-1988, SEC.26; P.L.14-1991, SEC.23; P.L.41-1992, SEC.7; P.L.18-1992, SEC.27; P.L.2-1995, SEC.134; P.L.25-1995, SEC.89; P.L.85-1995, SEC.41; P.L.255-1997(ss), SEC.17; P.L.90-2002, SEC.479; P.L.4-2005, SEC.138; P.L.185-2005, SEC.38; P.L.216-2005, SEC.7; P.L.154-2006, SEC.77; P.L.146-2008, SEC.755; P.L.88-2009, SEC.14; P.L.182-2009(ss), SEC.406; P.L.203-2011, SEC.14; P.L.112-2012, SEC.56; P.L.149-2014, SEC.36; P.L.95-2014, SEC.5; P.L.87-2015, SEC.8; P.L.184-2016, SEC.32; P.L.180-2016, SEC.23; P.L.86-2018, SEC.345; P.L.214-2019, SEC.39; P.L.257-2019, SEC.126; P.L.156-2020, SEC.140; P.L.174-2022, SEC.72; P.L.157-2026, SEC.243.
Ind. Code § 36-9-25-14 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-14
Special taxing districts; incorporation of territory upon request; sewer service agreements
Status: in_force

Sec. 14. (a) As to each municipality to which this chapter applies:

(1) all the territory included within the corporate boundaries of the municipality; and

(2) any territory, town, addition, platted subdivision, or unplatted land lying outside the corporate boundaries of the municipality that has been taken into the district in accordance with a prior statute, the sewage or drainage of which discharges into or through the sewage system of the municipality;

constitutes a special taxing district for the purpose of providing for the sanitary disposal of the sewage of the district in a manner that protects the public health and prevents the undue pollution of watercourses of the district.

(b) Upon request by:

(1) a resolution adopted by the legislative body of another municipality in the same county; or

(2) a petition of the majority of the resident freeholders in a platted subdivision or of the owners of unplatted land outside the boundaries of a municipality, if the platted subdivision or unplatted land is in the same county;

the board may adopt a resolution incorporating all or any part of the area of the municipality, platted subdivision, or unplatted land into the district.

(c) A request under subsection (b) must be signed and certified as correct by the secretary of the legislative body, resident freeholders, or landowners. The original shall be preserved in the records of the board. The resolution of the board incorporating an area in the district must be in writing and must contain an accurate description of the area incorporated into the district. A certified copy of the resolution, signed by the president and secretary of the board, together with a map showing the boundaries of the district and the location of additional areas, shall be delivered to the auditor of the county within which the district is located. It shall be properly indexed and kept in the permanent records of the offices of the auditor.

(d) In addition, upon request by ten (10) or more interested resident freeholders in a platted or unplatted territory, the board may define the limits of an area within the county and including the property of the freeholders that is to be considered for inclusion into the district. Notice of the defining of the area by the board, and notice of the location and limits of the area, shall be given by publication in accordance with IC 5-3-1. Upon request by a majority of the resident freeholders of the area, the area may be incorporated into the district in the manner provided in this section. The resolution of the board incorporating the area into the district and a map of the area shall be made and filed in the same manner.

(e) In addition, a person owning or occupying real property outside the district may enter into a sewer service agreement with the board for connection to the sewage works of the district. If the agreement provides for connection at a later time, the date or the event upon which the service commences shall be stated in the agreement. The agreement may impose any conditions for connection that the board determines. The agreement must also provide the amount of service charge to be charged for connection if the persons are not covered under section 11 of this chapter, with the amount to be fixed by the board in its discretion and without a hearing.

(f) All sewer service agreements made under subsection (e) or (after June 30, 2013) a signed memorandum of the sewer service agreement shall be recorded in the office of the recorder of the county where the property is located. The agreements run with the property described and are binding upon the persons owning or occupying the property, their personal representatives, heirs, devisees, grantees, successors, and assigns. Each agreement that is recorded, or each agreement of which a signed memorandum is recorded, and that provides for the property being served to be placed on the tax rolls shall be certified by the board to the auditor of the county where the property is located. The certification must state the date the property is to be placed on the tax rolls, and upon receipt of the certification together with a copy of the agreement, the auditor shall immediately place the property certified upon the rolls of property subject to the levy and collection of taxes for the district. An agreement may provide for the collection of a service charge for the period services are rendered before the levy and collection of the tax.

(g) Except as provided in subsections (j) and (l), sewer service agreements made under subsection (e) must contain a waiver provision that persons (other than municipalities) who own or occupy property agree for themselves, their executors, administrators, heirs, devisees, grantees, successors, and assigns that they will:

(1) neither object to nor file a remonstrance against the proposed annexation of the property by a municipality within the boundaries of the district;

(2) not appeal from an order or a judgment annexing the property to a municipality; and

(3) not file a complaint or an action against annexation proceedings.

(h) This subsection does not affect any rights or liabilities accrued or proceedings begun before July 1, 2013. Those rights, liabilities, and proceedings continue and shall be imposed and enforced under prior law as if this subsection had not been enacted. For contracts executed after June 30, 2013, a waiver of the right to remonstrate under subsection (g) that is not void under subsection (m), (n), or (o) is binding as to an executor, administrator, heir, devisee, grantee, successor, or assign of a party to a sewer service agreement under subsection (g) only if the executor, administrator, heir, devisee, grantee, successor, or assign:

(1) has actual notice of the waiver; or

(2) has constructive notice of the waiver because the sewer service agreement or a signed memorandum of the sewer service agreement stating the waiver has been recorded in the chain of title of the property.

(i) This section does not affect any sewer service agreements entered into before March 13, 1953. However, this section applies to a remonstrance waiver regardless of when the waiver was executed.

(j) Subsection (g) does not apply to a landowner if all of the following conditions apply:

(1) The landowner is required to connect to a sewer service because a person other than the landowner has polluted or contaminated the area.

(2) The costs of extension of service or connection to the sewer service are paid by a person other than the landowner or the municipality.

(k) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall provide written notice to any successor in title to property within a reasonable time after the deed is recorded, that a waiver of the right of remonstrance has been granted with respect to the property.

(l) The board may waive the waiver provision described in subsection (g) in a sewer service agreement made under subsection (e) if the sewer service agreement involves a connection to the district's sewage works under IC 36-9-22.5.

(m) A remonstrance waiver executed before July 1, 2003, is void. This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

(n) A remonstrance waiver executed after June 30, 2003, and before July 1, 2019, is subject to the following:

(1) The waiver is void unless the waiver was recorded:

(A) before January 1, 2020; and

(B) with the county recorder of the county where the property subject to the waiver is located.

(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.

This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

(o) A remonstrance waiver executed after June 30, 2019, is subject to the following:

(1) The waiver is void unless the waiver is recorded:

(A) not later than thirty (30) business days after the date the waiver was executed; and

(B) with the county recorder of the county where the property subject to the waiver is located.

(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.

This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

[Pre-Local Government Recodification Citations: subsections (a), (b), (c), (d) formerly 19-2-14-7 part; subsections (e), (f), (g) formerly 19-2-20-7.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.66; P.L.172-1995, SEC.6; P.L.243-2013, SEC.4; P.L.228-2015, SEC.24; P.L.150-2019, SEC.3; P.L.257-2019, SEC.166; P.L.156-2020, SEC.149.
Ind. Code § 36-10-16-23 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-23
Disposing of property
Status: in_force

Sec. 23. (a) The provisions of this section concerning publication, bidding, and other procedures and requirements do not apply to sales, leases, or other dispositions of real property to eligible participants or Indiana nonprofit corporations or, if constructed by a developer with revenue bond proceeds, to such developer. The provisions of this section also do not prevent the commission from renewing leases encumbering a property acquired by the commission if the renewals do not collectively exceed five (5) years.

(b) Before offering for sale or lease to the public any of the real property acquired, the commission shall cause two (2) separate appraisals of the sale value, or rental value in case of a lease, to be made by independent appraisers. However, if the real property is less than five (5) acres in size and the fair market value of the real property or interest has been appraised by one (1) independent appraiser at less than fifty thousand dollars ($50,000), the commission may proceed with one (1) appraisal. In making appraisals, the appraisers shall take into consideration the size, location, and physical condition of the parcels, the advantages accruing to the parcels under the development plan, and all other factors having a bearing on the value of the parcels. The appraisals are solely for the information of the commission, and are not open for public inspection.

(c) Upon completion of the appraisals described in subsection (b), the commission shall prepare an offering sheet showing the parcels to be offered and the offering prices, which may not be less than the average of the two (2) appraisals. Copies of the offering sheet shall be furnished to prospective buyers on request. Maps and plats showing the size and location of all parcels to be offered shall also be kept available for inspection at the office of the commission.

(d) The commission shall publish notice in accordance with IC 5-3-1. The notice must state that at a designated time the commission will open and consider written offers for the purchase or lease of the real property being offered. In giving the notice it is not necessary to describe each parcel separately, or to specify the exact terms of disposition, but the notice must state:

(1) the general location of the parcels;

(2) any limitations on the use to be made of the real property offered; and

(3) that a bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(A) beneficiary of the trust; and

(B) settlor empowered to revoke or change the trust.

(e) The notice shall provide when offers are due, and the commission shall open the offers at a public meeting. These offers may consist of consideration in the form of cash, other property, or a combination of cash and other property. However, with respect to property other than cash, the offer must be accompanied by evidence of the property's fair market value that is satisfactory to the commission in its sole discretion. All offers received shall be opened at public meetings of the commission and shall be kept open for public inspection.

(f) The commission may reject any bids and may make awards to the highest and best bidders. In determining the best bids, the commission shall take into consideration the following factors:

(1) The size and character of the improvements proposed to be made by the bidder on the real property bid on.

(2) The bidder's plans and ability to improve the real property with reasonable promptness.

(3) If the real property when improved will be sold or rented.

(4) The bidder's proposed sale or rental prices.

(5) The bidder's compliance with subsection (d)(3).

(6) Any factors that will assure the commission that the sale or lease, if made, will further the execution of the commission's development plan and best serve the interest of the community, from the standpoint of both human and economic welfare.

(g) The commission may contract with a bidder in regard to the factors listed in subsection (f), and the contract may provide for the deposit of surety bonds, the making of good faith deposits, liquidated damages, the right of repurchase, or other rights and remedies if the bidder fails to comply with the contract.

(h) After the opening and consideration of the written offers filed in response to the notice, the commission may dispose of the remainder of the available real property either at public sale or by private negotiation carried on by the commission, the commission's regular employees, or real estate experts employed for that purpose. For a period of thirty (30) days after the opening of the written offers, no sale or lease may be made at a price or rental less than that shown on the offering sheet, except in the case of sales or rentals of ten (10) or more parcels to a purchaser or lessee who agrees to improve the parcels immediately, but after that period the commission may adjust the offering prices in the manner the commission considers necessary to further the development plan.

(i) A conveyance under this section may not be made until the agreed consideration has been paid, unless the commission passes a resolution expressly providing that the consideration does not need to be paid before the conveyance is made. In addition, such a resolution may provide for a mortgage or other security. All deeds, leases, land sale contracts, or other conveyances, and all contracts and agreements, including contracts of purchase and sale and contracts for advancements, loans, grants, contributions, or other aid, shall be executed in the name of the "Midwest Continental Divide Commission ", and shall be signed by the chair or vice chair of the commission and attested by the commission's secretary-treasurer. A seal is not required on these instruments or any other instruments executed in the name of the commission.

(j) Once a property has been leased in accordance with this section, such lease may be renewed, extended, or replaced by the commission provided that the commission shall secure one (1) or more appraisals to evidence the existing fair market lease rental to the extent such renewals collectively exceed five (5) years from the expiration or termination of the original lease term or each extension or new lease interval entered into thereafter. The commission shall consider the results of such appraisals before the approval of such lease renewal or new lease.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-8-8-14.2 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-14.2
Public safety officers survivors' health coverage cumulative fund
Status: in_force

Sec. 14.2. (a) This section applies to every unit that is an employer of one (1) or more individuals who are active members of the 1977 fund.

(b) As used in this section, "survivor" means:

(1) a surviving spouse of a deceased member of the 1977 fund; or

(2) a surviving natural child, stepchild, or adopted child of a deceased member of the 1977 fund;

who is entitled to health insurance coverage under section 14.1(h) of this chapter.

(c) If a unit is obligated under section 14.1(h) of this chapter to pay for health insurance coverage for one (1) or more survivors of a deceased member of the 1977 fund who died in the line of duty, the legislative body of the unit may establish a public safety officer survivors' health coverage cumulative fund under this section to pay for health coverage under section 14.1(h) of this chapter.

(d) The fiscal body of a unit may provide money for a public safety officer survivors' health coverage cumulative fund established under subsection (c) by levying a tax in compliance with IC 6-1.1-41 on the taxable property in the unit.

(e) The property tax rate that may be imposed under this section for property taxes first due and payable during a particular year may not exceed the rate necessary to pay the annual cost of the health coverage that the unit is obligated to pay under section 14.1(h) of this chapter. The unit shall provide any documentation requested by the department of local government finance that is necessary to certify the rate adopted by the unit. The unit's maximum permissible ad valorem property tax levy determined under IC 6-1.1-18.5-3 excludes the property tax levied under this section. The property tax rate imposed under this section is exempt from the adjustment under IC 6-1.1-18-12.

(f) The tax money collected under this section shall be held in a special fund to be known as the public safety officer survivors' health coverage cumulative fund.

(g) In a consolidated city, money may be transferred from the public safety officer survivors' health coverage cumulative fund to the fund of a department of the consolidated city responsible for carrying out a purpose for which the public safety officer survivors' health coverage cumulative fund was created. The department may not expend any money transferred under this subsection until an appropriation is made, and the department may not expend any money transferred under this subsection for operating costs of the department.

As added by P.L.159-2020, SEC.83. Amended by P.L.174-2022, SEC.76.
Ind. Code § 36-7-4-604 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-604
Zoning ordinance; notice and hearing before certification of proposed ordinance; prohibited communications
Status: in_force

Sec. 604. (a) Before the plan commission certifies a proposal to the legislative body under section 605 of this chapter, the plan commission must hold a public hearing under this section.

(b) The plan commission shall give notice of the hearing by publication under IC 5-3-1. The notice must state:

(1) the time and place of the hearing;

(2) either:

(A) in the case of a proposal under section 606, 606.5, 607, or 607.5 of this chapter, the geographic areas (or zoning districts in a specified geographic area) to which the proposal applies; or

(B) in the case of a proposal under section 608 of this chapter, the geographic area that is the subject of the zone map change;

(This subdivision does not require the identification of any real property by metes and bounds.)

(3) either:

(A) in the case of a proposal under section 606 or 606.5 of this chapter, a summary (which the plan commission shall have prepared) of the subject matter contained in the proposal (not the entire text of the ordinance);

(B) in the case of a proposal under section 607 or 607.5 of this chapter, a summary (which the plan commission shall have prepared) of the subject matter contained in the proposal (not the entire text) that describes any new or changed provisions; or

(C) in the case of a proposal under section 608 of this chapter, a description of the proposed change in the zone maps;

(4) if the proposal contains or would add or amend any penalty or forfeiture provisions, the entire text of those penalty or forfeiture provisions;

(5) the place where a copy of the proposal is on file for examination before the hearing;

(6) that written objections to the proposal that are filed with the secretary of the commission before the hearing will be considered;

(7) that oral comments concerning the proposal will be heard; and

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

(c) The plan commission shall also provide for due notice to interested parties at least ten (10) days before the date set for the hearing. The commission shall by rule determine who are interested parties, how notice is to be given to interested parties, and who is required to give that notice. However, if the subject matter of the proposal:

(1) references a specific parcel of real estate;

(2) is unrelated to:

(A) a zone map change to a county ordinance under section 608 of this chapter;

(B) the adoption of an initial county zoning ordinance (or adoption of a replacement county zoning ordinance after repealing the entire county zoning ordinance, including amendments and zone maps) under section 606 or 606.5 of this chapter; or

(C) an amendment or partial repeal of the text (not zone maps) of a county zoning ordinance under section 607 or 607.5 of this chapter; and

(3) abuts or includes a county line (or a county line street or road or county line body of water);

then all owners of real property to a depth of two (2) ownerships or one-eighth (1/8) of a mile into the adjacent county, whichever is less, are interested parties who must receive notice under this subsection.

(d) The hearing must be held by the plan commission at the place stated in the notice. The commission may also give notice and hold hearings at other places within the county where the distribution of population or diversity of interests of the people indicate that the hearings would be desirable. The commission shall adopt rules governing the conduct of hearings under this section.

(e) A zoning ordinance may not be held invalid on the ground that the plan commission failed to comply with the requirements of this section, if the notice and hearing substantially complied with this section.

(f) The files of the plan commission concerning proposals are public records and shall be kept available at the commission's office for inspection by any interested person.

(g) METRO. In the case of a proposal to amend a zone map under section 608 of this chapter or in the case of a proposed approval of a development plan required by a zoning ordinance as a condition of development, a person may not communicate before the hearing with any hearing officer, member of the historic preservation commission, or member of the plan commission with intent to influence the officer's or member's action on the proposal. Before the hearing, the staff may submit a statement of fact concerning the physical characteristics of the area involved in the proposal, along with a recital of surrounding land use and public facilities available to serve the area. The staff may include with the statement an opinion of the proposal. The statement must be made a part of the file concerning the proposal not less than six (6) days before the proposal is scheduled to be heard. The staff shall furnish copies of the statement to persons in accordance with rules adopted by the commission.

(h) METRO. In the case of a proposal to amend a zone map under section 608 or 608.7 of this chapter, this subsection applies if the proposal affects only real property within the corporate boundaries of an excluded city (as described in IC 36-3-1-7). Notwithstanding the other provisions of this section, the legislative body of the excluded city, rather than the plan commission, shall hold the public hearing prescribed by this section. Whenever the plan commission receives a proposal subject to this section, the plan commission shall refer the proposal to the legislative body of the excluded city. Not later than thirty (30) days after receiving the proposal, the legislative body shall hold the hearing, acting for purposes of this section as if the legislative body is the plan commission. The legislative body shall then make the final determination as to the proposal.

(i) Before a proposal involving a structure regulated under IC 8-21-10 may become effective, the plan commission must have received:

(1) a copy of:

(A) the permit for the structure issued by the Indiana department of transportation; or

(B) the Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration; and

(2) evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60) days before the proposal is considered.

[Pre-Local Government Recodification Citations: 18-7-4-604; 18-7-5-59.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.18; P.L.220-1986, SEC.18; P.L.344-1987, SEC.1; P.L.190-1988, SEC.1; P.L.321-1995, SEC.3; P.L.54-2002, SEC.5; P.L.192-2016, SEC.2; P.L.253-2017, SEC.2; P.L.161-2021, SEC.3; P.L.223-2025, SEC.10.
Ind. Code § 36-9-29-11 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-11
Attorney; duties; compensation
Status: in_force

Sec. 11. (a) The flood control board shall appoint one (1) or more attorneys, who shall perform the duties assigned by the board.

(b) The compensation of the attorney or attorneys shall be fixed by the board. However, when the legal services are performed by an attorney of the city legal department, that attorney is entitled to receive this compensation.

[Pre-Local Government Recodification Citation: 19-4-18-6 part.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.37.
Ind. Code § 36-2-3-4 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-4
Election of fiscal body; division of county into districts; single-member district criteria; recertification of districts; filing with circuit court clerk; time for filing
Status: in_force

Sec. 4. (a) This subsection does not apply to the following counties:

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

(2) A county having a population of more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government as described in IC 36-2-2-4(c).

The county executive shall, by ordinance, divide the county into four (4) single-member districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts. One (1) member of the fiscal body shall be elected by the voters of each of the four (4) districts. Three (3) at-large members of the fiscal body shall be elected by the voters of the whole county.

(b) This subsection applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). The county redistricting commission established under IC 36-2-2-4 shall divide the county into seven (7) single-member districts that comply with subsection (d). One (1) member of the fiscal body shall be elected by the voters of each of these seven (7) single-member districts.

(c) This subsection applies to a county having a population of more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government described in IC 36-2-2-4(c). The fiscal body shall divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of these districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c). One (1) member of the fiscal body shall be elected by the voters of each of these nine (9) single-member districts.

(d) Single-member districts established under subsection (a), (b), or (c) must:

(1) be compact and be composed of contiguous territory, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);

(2) not cross precinct boundary lines;

(3) contain, as nearly as possible, equal population; and

(4) include whole townships, except when a division is clearly necessary to accomplish redistricting under this section.

(e) Except as provided by subsection (f), a division under subsection (a), (b), or (c) shall be made only at times permitted under IC 3-5-10.

(f) If the county executive, county redistricting commission, or county fiscal body determines that a division under subsection (e) is not required, the county executive, county redistricting commission, or county fiscal body shall adopt an ordinance recertifying that the districts as drawn comply with this section.

(g) Each time there is a division under subsection (e) or a recertification under subsection (f), the county executive, county redistricting commission, or county fiscal body shall file with the circuit court clerk of the county, not later than thirty (30) days after the division or recertification occurs, a map of the district boundaries:

(1) adopted under subsection (e); or

(2) recertified under subsection (f).

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

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

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

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.144; Acts 1981, P.L.17, SEC.10; Acts 1981, P.L.5, SEC.2; P.L.10-1988, SEC.237; P.L.13-1988, SEC.14; P.L.5-1989, SEC.88; P.L.12-1992, SEC.153; P.L.122-2000, SEC.21; P.L.230-2005, SEC.83; P.L.119-2012, SEC.182; P.L.271-2013, SEC.47; P.L.77-2014, SEC.17; P.L.278-2019, SEC.186; P.L.169-2022, SEC.12; P.L.104-2022, SEC.150; P.L.105-2022, SEC.37; P.L.201-2023, SEC.269; P.L.227-2023, SEC.142.
Ind. Code § 36-8-16.6-12 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-12
Collection of fee by seller
Status: in_force

Sec. 12. (a) A seller shall collect the 911 service prepaid wireless charge from the consumer with respect to each retail transaction.

(b) The seller shall disclose to the consumer the amount of the 911 service prepaid wireless charge. The seller may separately state the amount of the 911 service prepaid wireless charge on an invoice, a receipt, or a similar document that the seller provides to the consumer in connection with the retail transaction.

(c) Subject to section 15 of this chapter, a seller shall remit 911 service prepaid wireless charges to the department at the time and in the manner prescribed by the department.

As added by P.L.113-2010, SEC.151. Amended by P.L.119-2024, SEC.8.
Ind. Code § 36-1-32-3 — Indiana Code / Title 36 / Article 1 / Chapter 32 / Section 36-1-32-3
Prohibition on certain sister city agreements; void and unenforceable agreements
Status: in_force

Sec. 3. (a) A unit may not enter into a sister city agreement or any cooperative agreement with a prohibited person.

(b) Any agreement or cooperative agreement between a unit and a prohibited person is contrary to public policy and is void and unenforceable.

As added by P.L.136-2024, SEC.52. Amended by P.L.131-2026, SEC.9.
Ind. Code § 36-8-6-11 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-11
Members dismissed after 20 years' service; benefits
Status: in_force

Sec. 11. The 1925 fund shall be used to pay an amount, equal to the pensions provided by this chapter in the case of voluntary retirement after twenty (20) years' service, to a member of the police department who is dismissed for any reason after having been in actual service for twenty (20) years, including two percent (2%) additional for each full year of service in excess of twenty (20) years' service. However, a pension under this section may not exceed in any year an amount greater than seventy-four percent (74%) of the salary of a first class patrolman.

[Pre-Local Government Recodification Citation: 19-1-24-3 part.]

As added by Acts 1981, P.L.309, SEC.55.
Ind. Code § 36-7-15.3-15 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-15
Issuance of bonds; purpose; conditions
Status: in_force

Sec. 15. (a) The authority may issue bonds for the purpose of obtaining money to pay the cost of:

(1) acquiring property;

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

(3) funding or refunding bonds issued under this chapter or IC 36-7-15.1.

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

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

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

(e) The bonds shall mature within:

(1) fifty (50) years, for bonds issued before July 1, 2008; or

(2) twenty-five (25) years, for bonds issued after June 30, 2008.

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

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

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

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

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

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

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

(6) reserves for principal and interest;

(7) interest during construction and for a period thereafter determined by the board, but in no event to exceed five (5) years;

(8) financial advisory fees;

(9) insurance during construction;

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

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

As added by P.L.84-1987, SEC.14. Amended by P.L.146-2008, SEC.768.
Ind. Code § 36-7-4-608 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-608
Zoning ordinance; procedure for changing zoning maps
Status: in_force

Sec. 608. (a) This section applies to a proposal, as described in section 602(c) of this chapter, to change the zone maps incorporated by reference into the zoning ordinance.

(b) If the proposal is not initiated by the plan commission, it must be referred to the commission for consideration and recommendation before any final action is taken by the legislative body. On receiving or initiating the proposal, the commission shall, within sixty (60) days, hold a public hearing in accordance with section 604 of this chapter. Within ten (10) business days after the commission determines its recommendation (if any), the commission shall certify the proposal under section 605 of this chapter.

(c) METRO. This subsection applies if the proposal receives a favorable recommendation, an unfavorable recommendation, or no recommendation from the plan commission:

(1) At the first regular meeting of the legislative body:

(A) after the proposal is certified under section 605 of this chapter; or

(B) after the date of the notice under section 608.7(b)(1) or 608.7(b)(2) of this chapter, if:

(i) the alternate procedure in section 608.7 of this chapter is adopted; and

(ii) the legislative body makes the final determination on the proposal upon the request of an aggrieved person or the legislative body's own initiative under section 608.7(c) of this chapter;

the legislative body may, by a majority of those voting, schedule the proposal for a hearing on a date not later than its next regular meeting. The legislative body member in whose district the parcel of real property under consideration is located may submit a request to the president of the legislative body that the proposal be considered under this subsection.

(2) If the legislative body fails to schedule the proposal for a hearing under subdivision (1), the ordinance takes effect as if it had been adopted at the first regular meeting of the legislative body:

(A) after the proposal is certified under section 605 of this chapter; or

(B) after the date of the notice under section 608.7(b)(1) or 608.7(b)(2) of this chapter, if:

(i) the alternate procedure in section 608.7 of this chapter is adopted; and

(ii) the legislative body makes the final determination on the proposal upon the request of an aggrieved person or the legislative body's own initiative under section 608.7(c) of this chapter.

(3) For purposes of this subdivision, the final action date for a proposal is the date thirty (30) days after the date that the proposal is certified under section 605 of this chapter, or the date of the second regular meeting after the proposal is certified under section 605 of this chapter, whichever is later. However if:

(A) the alternate procedure in section 608.7 of this chapter is adopted; and

(B) the legislative body makes the final determination on the proposal upon:

(i) the request of an aggrieved person; or

(ii) the legislative body's own initiative;

under section 608.7(c) of this chapter;

the final action date for a proposal is the date of the second regular meeting after the date of the notice under section 608.7(b)(1) or 608.7(b)(2) of this chapter. If the legislative body schedules the proposal for a hearing under subdivision (1) but fails to act on it by the final action date, the ordinance takes effect as if it had been adopted (as certified) on the final action date. However, the period of time after certification under section 605 of this chapter, or after the notice under section 608.7(b)(1) or 608.7(b)(2) of this chapter, to the final action date may be extended by the legislative body, with the consent of the initiating plan commission or the petitioning property owners. If the legislative body fails to act on the proposal by the final action date (as extended), the ordinance takes effect as if it had been adopted (as certified) on that extended final action date.

(4) If the legislative body schedules the proposal for a hearing under subdivision (1), it shall announce the hearing during a meeting and enter the announcement in its memoranda and minutes. The announcement must state:

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

(B) a description of the proposed changes in the zone maps;

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

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

(5) If the legislative body rejects the proposal at a hearing scheduled under subdivision (1), it is defeated.

(d) METRO. The plan commission may adopt a rule to limit further consideration, for up to one (1) year after its defeat, of a proposal that is defeated under subsection (c)(5).

(e) ADVISORY─AREA. The legislative body shall vote on the proposal within ninety (90) days after:

(1) the plan commission certifies the proposal under section 605 of this chapter; or

(2) the date of the notice under section 608.7(b)(1) or 608.7(b)(2) of this chapter, if:

(A) the alternate procedure in section 608.7 of this chapter is adopted; and

(B) the legislative body makes the final determination on the proposal upon:

(i) the request of an aggrieved person; or

(ii) the legislative body's own initiative;

under section 608.7(c) of this chapter.

(f) ADVISORY─AREA. This subsection applies if the proposal receives a favorable recommendation from the plan commission:

(1) At the first regular meeting of the legislative body after:

(A) the proposal is certified under section 605 of this chapter; or

(B) the date of the notice under section 608.7(b)(1) or 608.7(b)(2) of this chapter, if:

(i) the alternate procedure in section 608.7 of this chapter is adopted; and

(ii) the legislative body makes the final determination on the proposal upon the request of an aggrieved person or the legislative body's own initiative under section 608.7(c) of this chapter;

(or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt or reject the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.

(2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative body.

(3) If the legislative body rejects the proposal, it is defeated.

(4) Except as provided in subdivision (5), if the legislative body fails to act on the proposal within ninety (90) days after certification, the ordinance takes effect as if it had been adopted (as certified) ninety (90) days after certification.

(5) This subdivision applies if:

(A) the alternate procedure in section 608.7 of this chapter is adopted; and

(B) the legislative body makes the final determination on the proposal upon:

(i) the request of an aggrieved person; or

(ii) the legislative body's own initiative;

under section 608.7(c) of this chapter.

If the legislative body fails to act on the proposal within ninety (90) days after the date of the notice under section 608.7(b)(1) or 608.7(b)(2) of this chapter, the ordinance takes effect as if it had been adopted (as certified) ninety (90) days after the date of the notice.

(g) ADVISORY─AREA. This subsection applies if the proposal receives either an unfavorable recommendation or no recommendation from the plan commission:

(1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this chapter (or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt or reject the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.

(2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative body.

(3) If the legislative body rejects the proposal, it is defeated.

(4) If the legislative body fails to act on the proposal within ninety (90) days after certification, it is defeated.

(h) ADVISORY─AREA. The plan commission may adopt a rule to limit further consideration, for up to one (1) year after its defeat, of a proposal that is defeated under subsection (f)(3), (g)(3), or (g)(4).

[Pre-Local Government Recodification Citations: 18-7-2-45 part; 18-7-2-46 part; 18-7-2-47 part; 18-7-4-608; 18-7-4-53 part; 18-7-5-67 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.22; P.L.335-1985, SEC.22; P.L.345-1987, SEC.1; P.L.88-2014, SEC.2; P.L.192-2016, SEC.3.
Ind. Code § 36-8-25.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 25.5 / Section 36-8-25.5-1-b
Definitions
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. 1. The following definitions apply throughout this chapter:

(1) "Executive board" means the task force executive board established by section 3 of this chapter.

(2) "Task force" means the Indiana crime guns task force established by section 2 of this chapter.

(3) "Task force area" means one (1) or more of the following counties:

(A) Boone County.

(B) Hamilton County.

(C) Hancock County.

(D) Hendricks County.

(E) Marion County.

(F) Morgan County.

(G) Johnson County.

(H) Shelby County.

(I) Allen County.

(J) Lake County.

(K) LaPorte County.

(L) Porter County.

As added by P.L.217-2021, SEC.2. Amended by P.L.75-2023, SEC.1; P.L.16-2025, SEC.1; P.L.70-2026, SEC.1.
Ind. Code § 36-10-7-5 — Indiana Code / Title 36 / Article 10 / Chapter 7 / Section 36-10-7-5
Acquisition of land for park purposes in certain townships; procedure; establishment, maintenance, and improvement of parks; issuance of bonds; tax levy; park and recreation fund; fees; appointment and duties of parks superintendent
Status: in_force

Sec. 5. (a) This section applies to a township having a population of more than one hundred fifty thousand (150,000) located in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

(b) The township executive may purchase, accept by grant, devise, bequest, or other conveyance, or otherwise acquire land for park purposes within the township, either inside or outside the corporate boundaries of a municipality, and may make necessary improvements.

(c) If the executive does not purchase, accept, or acquire land within the township for park purposes or make necessary improvements, two hundred (200) resident taxpayers and voters of the township may petition the executive and the legislative body in writing to:

(1) purchase, accept, or otherwise acquire the land described in the petition so that a township park may be established under this section; or

(2) make the improvements designated in the petition.

The petition must be addressed to the executive and legislative body and bear the signatures and addresses of the petitioners in ink, acknowledged before a notary public. After the petition is filed in the office of the executive, the executive shall have notice of the filing published in accordance with IC 5-3-1. The notice must name a date at least sixty (60) days after the date of the last publication on which the executive and legislative body will hear and consider the petition. The notice constitutes notice of the proceedings to all taxpayers within the township, whether resident or nonresident.

(d) At the hearing the executive and legislative body shall hear and consider all remonstrances, whether written and signed in ink or from a resident of the township upon the question of whether the land should be purchased, accepted, or acquired by the township and a township park established, maintained, and improved. After the hearing, the executive and legislative body shall approve the petition unless twenty percent (20%) of the resident taxpayers of the township remonstrate in writing by filing their remonstrance on or before the day fixed for the hearing. In that case the executive and legislative body shall dismiss the petition.

(e) If land has been acquired for park purposes, the executive shall establish a park. After it is established, the executive shall provide for necessary improvements and construct facilities for the comfort and convenience of the public in the township park. Except as otherwise provided, all expenses incurred shall be paid out of the park and recreation fund of the township.

(f) If a park or parkland is acquired by a township under this section and the expense of the acquisition or of the development and improvement of the park is too great to be borne by the park and recreation fund of the township, the legislative body may authorize its chair to issue the bonds of the township to procure money for these purposes. However, the total bonded indebtedness of the township for park purposes may not exceed one million dollars ($1,000,000). Upon special notice of the chair in writing to each member of the legislative body stating the time, place, and purpose of the meeting, the legislative body may determine whether to issue the bonds of the township to pay the cost of acquiring, developing, or improving the park or parkland. If the legislative body determines that it is of public benefit to issue the bonds of the township, the legislative body, by a special order entered and signed upon the record, may authorize its chair to issue the bonds of the township. The bonds may run for a period not to exceed ten (10) years, may bear interest at any rate, and may be sold for not less than their par value. Before issuing the bonds, the chair shall publish notice of their sale in accordance with IC 5-3-1. The notice must state the amount of bonds offered, the denomination, the period to run, the rate of interest, and the date, place, and hour of sale. The legislative body shall attend the sale and must concur before bonds are sold.

(g) The legislative body shall annually levy a sufficient tax to pay at least one-tenth (1/10) of the amount of the bonds, together with the accrued interest, each year, and the legislative body shall apply the annual tax to the payment of the bonds and interest each year. The tax levy is in addition to all other tax levies authorized by statute. A tax levy authorized by this section shall be levied and collected on all property within the boundaries of the township, including municipalities.

(h) There is established a special nonreverting operating fund for park purposes to be known as the park and recreation fund. Appropriations may be made from the fund by the township's legislative body for park purposes only. The cost of the maintenance and improvement of the park shall be paid out of the park and recreation fund of the township, and the legislative body shall increase the levy of the fund each year by an amount sufficient to provide the money to maintain the park.

(i) Money in the form of fees procured from golf courses, swimming pools, skating rinks, clubhouses, social centers, or other similar facilities requiring major expenditures for maintenance and improvement shall be deposited in the park and recreation fund and shall be appropriated by the township legislative body either in the annual budget or by additional appropriation in the manner as set out in IC 6-1.1-18-5.

(j) The executive shall appoint a superintendent of parks. Said appointment shall be made within thirty (30) days of a vacancy in the position of superintendent of parks. If the executive fails to make said appointment within the prescribed period, the legislative body shall have the power to make said appointment. Political affiliation may not be considered in the selection of the superintendent. The superintendent must:

(1) be qualified by training or experience in the field of parks and recreation; and

(2) have a certificate or an advanced degree in the field of parks and recreation.

(k) The superintendent must do the following:

(1) Propose annually to the executive a plan for the operation of the park.

(2) Administer the plan as approved by the executive.

(3) Supervise the general maintenance of the park.

(4) Keep the records of the park and preserve all papers and documents of the park.

(5) Keep accurate records of park income and expenditures in the manner prescribed by the state board of accounts.

(6) Appoint and discharge employees of the park without regard to political affiliation.

(7) Prepare and present to the executive an annual report.

(8) Perform other duties that the executive directs.

(l) The executive shall execute an employment contract with the superintendent that must contain the terms and conditions of the superintendent's employment.

[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 17-4-40-1; subsection (c) formerly 17-4-40-2; subsection (d) formerly 17-4-40-3; subsection (e) formerly 17-4-40-4; subsection (f) formerly 17-4-40-5; subsection (g) formerly 17-4-40-6; subsection (h) formerly 17-4-40-7.]

As added by Acts 1981, P.L.309, SEC.114. Amended by Acts 1982, P.L.6, SEC.29; Acts 1982, P.L.1, SEC.69; P.L.207-1984, SEC.2; P.L.355-1985, SEC.1; P.L.157-1991, SEC.10; P.L.12-1992, SEC.194; P.L.170-2002, SEC.175; P.L.127-2017, SEC.386; P.L.11-2023, SEC.133.
Ind. Code § 36-7-27-1 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-1
Application of chapter
Status: in_force

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

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-1-7-16 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-16
Transfer, combination, or sharing of powers, duties, functions, or resources; budgets, rates, and levies
Status: in_force

Sec. 16. (a) This section applies to a political subdivision if:

(1) the political subdivision enters into an agreement with one (1) or more other political subdivisions under this chapter to transfer, combine, or share powers, duties, functions, or resources; and

(2) the political subdivision realizes through the transfer, combination, or sharing of powers, duties, functions, or resources a:

(A) savings; or

(B) reduction in the reasonably foreseeable expenses that would otherwise have been incurred by the political subdivision if the transfer, combination, or sharing of powers, duties, functions, or resources had not taken place.

(b) The political subdivision shall specify in the agreement described in subsection (a) the amount (if any) of the decrease that the department of local government finance shall make to the maximum permissible property tax levies, maximum permissible property tax rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 of the political subdivision to:

(1) eliminate double taxation by different political subdivisions for services; or

(2) eliminate any excess by which the amount of property taxes imposed by the political subdivision exceeds the amount necessary to pay for services.

(c) The fiscal body of the political subdivision shall determine and certify to the department of local government finance the amount of the adjustment (if any) to be made under subsection (b). The amount of the adjustment (if any) to be made under subsection (b) must comply with the agreement under this chapter under which the political subdivision transfers, combines, or shares powers, duties, functions, or resources.

As added by P.L.58-2011, SEC.1. Amended by P.L.255-2013, SEC.2.
Ind. Code § 36-9-30-5.3 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-5.3
Contracts for collection and disposal of solid waste; request for proposals
Status: in_force

Sec. 5.3. (a) This section applies only to a municipality that is not a consolidated city.

(b) As used in this section, "board" refers to:

(1) the:

(A) board of public works; or

(B) board of public works and safety;

in the case of a city; or

(2) the town council, in the case of a town.

(c) Notwithstanding any statute relating to the length, duration, and terms of contracts and agreements, the board of a municipality may enter into any contract or agreement with any person upon such terms and conditions as may be agreed upon for the collection and disposal of solid waste.

(d) Before or after the expiration or termination of the term or duration of a contract or agreement entered into under subsection (c), the board of a municipality, in accordance with this section, may from time to time enter into amended, extended, supplemental, new, or further contracts or agreements with:

(1) the same person with whom the board entered into the contract or agreement under subsection (c); or

(2) any other person;

for any purpose referred to in this section.

(e) Overall cost, including construction costs, tipping fees, and reductions in costs resulting from the sale of byproducts, should in all cases be a major criterion in the selection of contractors for an award of contracts for the collection and disposal of solid waste under this section. The board of a municipality:

(1) shall consider:

(A) the highly complex and innovative nature of byproduct recovery technology;

(B) the variety of waste collection and disposal technology available;

(C) the desirability of flexibility for the development of these complex facilities; and

(D) the economic and technical utility of contracts for byproduct recovery projects that include in their scope various combinations of design, construction, operations, management, or maintenance responsibilities over prolonged periods; and

(2) shall recognize that in some instances it may be beneficial to the municipality to award a contract on the basis of factors other than cost alone, such as:

(A) facility design;

(B) system reliability;

(C) energy efficiency; and

(D) compatibility with source separation, other recycling systems, and environmental protection.

(f) Notwithstanding any other statute, a contract for the collection and disposal of solid waste that is entered into between a board on behalf of a municipality and any person under this section may be awarded by the board under either of the following procedures:

(1) Public bidding in compliance with IC 36-1-12.

(2) Compliance with subsections (g) through (q).

(g) A board proceeding under subsection (f)(2) to enter into a contract for the collection and disposal of solid waste may require any person seeking to enter into the contract with the municipality to be prequalified as a proposer by submitting to the board:

(1) information relating to the experience of the proposer;

(2) the basis on which the proposer purports to be qualified to carry out all work required by the proposed contract; and

(3) the financial condition of the proposer.

(h) Before issuing a request for proposals under this section, a board shall:

(1) adopt a proposed request for proposals; and

(2) publish a public notice concerning the request for proposals.

If the board has established a prequalification requirement under subsection (g), the public notice published under subdivision (2) may include the criteria according to which proposers may be selected.

(i) The public notice published by a board under subsection (h)(2) must:

(1) include the intent to issue a request for proposals; and

(2) designate times and places where the proposed request for proposals may be viewed by the general public.

(j) After the publication of a public notice under subsection (h)(2), the board shall allow a period of at least thirty (30) days for the submission of:

(1) comments on the proposed request for proposals; and

(2) qualifications from persons seeking to be prequalified as a proposer, if the board has established a prequalification requirement under subsection (g).

Comments submitted under subdivision (1) may address the scope or contents of the proposed request for proposals.

(k) After the period allowed under subsection (j), the board shall:

(1) select proposers; and

(2) adopt a request for proposals.

The board shall notify each proposer that is selected of the selection, inform the proposer of the date and place established for the submission of proposals, and deliver to the proposer a copy of the request for proposals.

(l) A request for proposals adopted under subsection (k)(2) must include:

(1) a clear identification and specification of all elements of cost that would become charges to the municipality, in whatever form, in return for the fulfillment by the proposer of all tasks and responsibilities established by the request for proposals for the full term of the proposed contract for the collection and disposal of solid waste, including such appropriate matters as:

(A) proposals for project staffing;

(B) implementation of all work tasks;

(C) carrying out of all responsibility required by the proposed contract; and

(D) the cost of planning, design, construction, operation, management, or maintenance of any facility, and the cost of processing or disposal of solid waste;

(2) a clear identification and specification of any revenues that would accrue to the municipality from the sale of any byproducts or from any other source; and

(3) such other information as the board may determine to have a material bearing on its ability to evaluate any proposal in accordance with this section.

(m) The board may prescribe the form and content of proposals submitted in response to its request for proposals. The information submitted by a proposer must be sufficiently detailed to permit the board to evaluate the proposal fairly and equitably. In addition, the board, in the request for proposals, may set maximum allowable cost limits that the board determines to be appropriate.

(n) The board may not receive proposals until at least thirty (30) days after the proposers are selected and notified of their selection under subsection (k). The board:

(1) shall evaluate the proposals it receives as to net cost or revenues; and

(2) may, in a manner consistent with provisions set forth in the request for proposals, evaluate the proposals on the basis of additional factors such as:

(A) the technical evaluation of facility design;

(B) net energy efficiency;

(C) environmental protection;

(D) overall system reliability; and

(E) the financial condition of the proposer.

(o) The board, on behalf of the municipality, may negotiate with any responsible proposer. After giving public notice including the date, time, and place of the hearing, the board shall hold a public hearing at which the public may submit comments on the contract to be awarded. After the public hearing, the board shall make a contract award to the responsible proposer selected under this section based on a determination by the board that the selected proposal is the most responsive to the needs of the municipality.

(p) The contract award:

(1) must be in the form of a resolution; and

(2) must include particularized findings relative to the factors to be evaluated under this section, indicating that the award:

(A) meets the municipality's needs; and

(B) is in the public interest.

(q) An action to contest:

(1) the validity of the contract awarded; or

(2) the procedure by which the contract was awarded;

must be initiated within thirty (30) days after the contract is awarded under subsection (o). An action to contest the contract, regardless of the cause, may not be initiated more than thirty (30) days after the contract is awarded under subsection (o).

As added by P.L.37-2022, SEC.3. Amended by P.L.11-2023, SEC.130.
Ind. Code § 36-1-24.2-3 — Indiana Code / Title 36 / Article 1 / Chapter 24.2 / Section 36-1-24.2-3
Right of county or municipality to manage development of real property in which it has ownership interest; right to enact general land use regulations or zoning ordinances not having prohibited effects
Status: in_force

Sec. 3. This chapter does not impair the right of a county or municipality to:

(1) manage or control the development of commercial or residential real property in which the county or municipality has an ownership interest; or

(2) enact, enforce, or maintain a general land use regulation or zoning ordinance that does not have an effect described in section 1(1) or 1(2) of this chapter.

As added by P.L.266-2017, SEC.4.
Ind. Code § 36-9-32-6 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-6
Ordinances approving issuance of bonds
Status: in_force

Sec. 6. If the legislative body finds that the issuance of bonds under this chapter will be of benefit to the health or welfare of the municipality and serves the public purpose set forth in section 2 of this chapter, it may adopt an ordinance approving the issuance of bonds under this chapter. The municipality may publish a notice of a hearing regarding the public purpose of the issuance of the bonds and any other matter and, if the notice is published, it shall be published in accordance with IC 5-3-1.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-9-23-1 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

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

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-8-3-19 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-19
Police matrons; appointment; powers and duties; accommodations; compensation; qualifications
Status: in_force

Sec. 19. (a) The safety board may appoint a police matron, including assistants that are necessary. The matron shall receive, search, and properly care for, at the jail or station house, all female prisoners who are arrested and detained in custody in the city. The matron is not a member of the police department of the city, but has all the authority delegated to a police officer. The matron is subject to rules that are prescribed for the matron by the safety board or by ordinance and may be removed by the board for good cause shown.

(b) The matron shall be given proper accommodations for the matron and for all prisoners under the matron's control. The matron is the jailer in charge of the women's department of the station house or jail and may summon a police officer or other person to the matron's aid when aid is required. The matron and the matron's assistant or assistants shall be paid the compensation or salaries that are set for other employees of the police department. The matron, or the matron's assistant, shall attend all courts when female prisoners are to be tried and shall take charge of all female prisoners while they are awaiting trial or transfer to or from a place of detention.

(c) The matron must be at least twenty-one (21) years of age, fully qualified, and of good moral character.

[Pre-Local Government Recodification Citation: 18-1-11-17.]

As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.315, SEC.3; P.L.127-2017, SEC.226.
Ind. Code § 36-9-36-62 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-62
Improvement costs to be paid by unit; bonds and certificates of indebtedness
Status: in_force

Sec. 62. (a) A difference between the total assessments for an improvement and the contract price of the improvement shall be paid by the unit.

(b) The unit's part of the cost of an improvement shall, if possible, be paid from the general fund of the unit. If payment from the unit's general fund is not possible, the unit may issue bonds or certificates of indebtedness to the contractor for the amount of the unit's part of the cost. The unit's fiscal officer shall issue the bonds or certificates and shall fix the denominations of the bonds or certificates at the time of the approval of the final assessment roll and at the time of a subsequent reduction of assessments on appeal.

(c) The certificates of indebtedness issued under this section (or under IC 36-9-18 before its repeal in 1993) entitle the contractor to the amounts the certificates specify when a fund for redemption of the certificates has been provided.

(d) The certificates of indebtedness are negotiable instruments and bear interest from the date of the final acceptance of the work.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-7-2 — Indiana Code / Title 36 / Article 9 / Chapter 7 / Section 36-9-7-2
Establishment of department
Status: in_force

Sec. 2. The city legislative body may, by ordinance, establish a department of traffic engineering.

[Pre-Local Government Recodification Citations: 18-4-19-1 part; 18-4-19-7 part; 18-4-19-8 part.]

As added by Acts 1981, P.L.309, SEC.80.
Ind. Code § 36-7-18-26 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-26
Tenant selection; rentals; adoption of rules
Status: in_force

Sec. 26. (a) A housing authority shall observe the following rules with respect to rentals and tenant selection in the operation and management of housing projects:

(1) An authority may not accept a person as a tenant in a dwelling in a project if the persons who would occupy the dwelling have an aggregate annual income that equals or exceeds the amount that, as determined by the authority, is necessary to enable those persons to secure safe, sanitary, and uncongested dwelling accommodations within the jurisdiction of the authority and to provide an adequate standard of living for themselves. The determination of the authority is conclusive.

(2) An authority may rent or lease the dwelling accommodations in a project only at rentals within the financial reach of persons who lack the amount of income that, as determined in subdivision (1), is necessary to obtain safe, sanitary, and uncongested dwelling accommodations within the jurisdiction of the authority and to provide an adequate standard of living.

(3) An authority may rent or lease to a tenant a dwelling consisting of a number of rooms no greater than that which it considers necessary to provide safe and sanitary accommodations without overcrowding.

(b) The housing authority shall adopt rules indicating the manner in which it will comply with this section. These rules apply equally to all tenants and must be posted for public inspection in a conspicuous place in the office of the authority.

(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.
Ind. Code § 36-9-36-12 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-12
Allowances against assessment and contract price
Status: in_force

Sec. 12. (a) The works board shall make an allowance to the owner of any property if:

(1) an improvement exists in front of the property before the improvement is ordered; and

(2) the improvement conforms to the general plan.

(b) An allowance under subsection (a) shall be made from the owner's assessment and from the total amount of the contract price.

As added by P.L.98-1993, SEC.7.