Ind. Code § 36-7.7-5-2 — Indiana Code / Title 36 / Article 7.7 / Chapter 5 / Section 36-7.7-5-2
Powers
Status: in_force

Sec. 2. (a) A development authority may do any of the following:

(1) Finance, improve, construct, reconstruct, renovate, purchase, acquire, and equip land and projects that are of regional importance.

(2) Finance and construct additional improvements to projects or other capital improvements owned by the development authority.

(3) Construct or reconstruct highways, roads, and bridges.

(4) Acquire land or all or a part of one (1) or more projects from an eligible political subdivision by purchase.

(5) Acquire all or a part of one (1) or more projects from an eligible political subdivision by purchase to fund or refund indebtedness incurred on account of the projects to enable the eligible political subdivision to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the eligible political subdivision considers to be unduly burdensome.

(6) Make grants or provide other financial assistance to or on behalf of the following:

(A) A commuter transportation district.

(B) An airport authority.

(C) A regional transportation authority. A loan, a loan guarantee, a grant, or other financial assistance under this clause may be used by a regional transportation authority for acquiring, improving, operating, maintaining, financing, and supporting the following:

(i) Bus services (including fixed route services and flexible or demand-responsive services) that are a component of a public transportation system.

(ii) Bus terminals, stations, or facilities or other regional bus authority projects.

(D) A county.

(E) A municipality.

(7) Provide funding to assist a railroad that is providing commuter transportation services in a county containing territory included in the development authority.

(8) Provide funding to assist an airport authority located in a county containing territory included in the development authority in the construction, reconstruction, renovation, purchase, lease, acquisition, and equipping of an airport facility or airport project.

(9) Provide funding for intermodal transportation projects and facilities.

(10) Provide funding for regional trails and greenways.

(11) Provide funding for economic development projects.

(12) Provide funding for regional transportation infrastructure projects under IC 36-9-43.

(13) Hold, use, lease, rent, purchase, acquire, and dispose of by purchase, exchange, gift, bequest, grant, condemnation, lease, or sublease, on the terms and conditions determined by the development authority, any real or personal property.

(14) After giving notice, enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a project.

(15) Make or enter into all contracts and agreements necessary or incidental to the performance of the development authority's duties and the execution of the development authority's powers under this article.

(16) Sue, be sued, plead, and be impleaded.

(17) Design, order, contract for, construct, reconstruct, and renovate a project or improvements to a project.

(18) Appoint an executive director and employ appraisers, real estate experts, engineers, architects, surveyors, attorneys, accountants, auditors, clerks, construction managers, and any consultants or employees who are necessary or desired by the development authority in exercising its powers or carrying out its duties under this article.

(19) Accept loans, grants, and other forms of financial assistance from the federal government, the state government, a political subdivision, or any other public or private source.

(20) Use the development authority's funds to match federal grants or make loans, loan guarantees, or grants to carry out the development authority's powers and duties under this article.

(21) Except as prohibited by law, take any action necessary to carry out this article.

(b) Projects funded by a development authority must be of regional importance.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-9-27-5 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-5
Composition
Status: in_force

Sec. 5. (a) Except as provided in subsection (c), the drainage board consists of either:

(1) the county executive; or

(2) three (3) or five (5) persons, at least one (1) of whom must be a member of the executive, appointed by the executive;

at the option of the executive. Appointees under subdivision (2) must be resident freeholders of the county who are knowledgeable in drainage matters. Freeholders appointed to the board serve for terms of three (3) years, with their initial appointments made so as to provide for staggering of terms on an annual basis. In addition, the county surveyor serves on the board as an ex officio, nonvoting member.

(b) This subsection only applies to an individual appointed as a member under subsection (a)(2) by a county executive of a county that does not contain a consolidated city. A drainage board member serves at the pleasure of the county executive as long as the county executive that appointed the individual retains all of the same members who served on the body when the individual was appointed.

(c) In a county having a consolidated city, the board of public works of the consolidated city comprises the drainage board, subject to IC 36-3-4-23.

(d) In a county having a consolidated city, the department of public works of the consolidated city has all the powers, duties, and responsibilities of the county surveyor under this chapter, subject to IC 36-3-4-23.

[Pre-Local Government Recodification Citations: 18-4-9-2 part; 19-4-1-4; 19-4-1-5 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.77-2014, SEC.23; P.L.278-2019, SEC.194; P.L.40-2026, SEC.22.
Ind. Code § 36-7-4-912 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-912
Board of zoning appeals; chair and vice chair
Status: in_force

Sec. 912. At the first meeting of each year, the board of zoning appeals shall elect a chair and vice chair from its members. The vice chair may act as chair during the absence or disability of the chair.

[Pre-Local Government Recodification Citations: 18-7-2-63; 18-7-4-912; 18-7-4-71; 18-7-5-75.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.176.
Ind. Code § 36-7-4-1312 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1312
Ordinance; prerequisites to adoption
Status: in_force

Sec. 1312. (a) A unit may not adopt an impact fee ordinance under section 1311 of this series unless the unit has adopted a comprehensive plan under the 500 SERIES of this chapter for the geographic area over which the unit exercises planning and zoning jurisdiction.

(b) Before the adoption of an impact fee ordinance under section 1311 of this chapter, a unit shall establish an impact fee advisory committee. The advisory committee shall:

(1) be appointed by the executive of the unit;

(2) be composed of not less than five (5) and not more than ten (10) members with at least forty percent (40%) of the membership representing the development, building, or real estate industries, including community members representing:

(A) a single-family builder;

(B) a multifamily builder; and

(C) a realtor;

who must be selected based upon the recommendation of the statewide trade association representing each industry; and

(3) serve in an advisory capacity to assist and advise the unit with regard to the adoption of an impact fee ordinance under section 1311 of this chapter.

(c) A planning commission or other committee in existence before the adoption of an impact fee ordinance that meets the membership requirements of subsection (b) may serve as the advisory committee that subsection (b) requires.

(d) Action of an advisory committee established under subsection (b) is not required as a prerequisite for the unit in adopting an impact fee ordinance under section 1311 of this chapter.

As added by P.L.221-1991, SEC.13. Amended by P.L.73-2026, SEC.22.
Ind. Code § 36-8-8-6.5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-6.5
Submission of salary
Status: in_force

Sec. 6.5. (a) An employer shall annually submit to the system board before January 1 the salary of a first class patrolman or first class firefighter.

(b) If the system board requests that an employer submit the salary of a first class patrolman or first class firefighter, the employer must submit the requested salary to the system board not more than thirty (30) days after the system board makes the request.

(c) The submissions in subsections (a) and (b) must be made through a secure connection over the Internet or through other electronic means specified by the system board.

(d) If an employer substantially increases the salary of a first class patrolman or first class firefighter, the system board may require the employer to at least maintain that salary to avoid a negative fiscal impact.

As added by P.L.103-2021, SEC.6.
Ind. Code § 36-10-9.1-11 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-11
Powers
Status: in_force

Sec. 11. The authority may also do any of the following:

(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip capital improvements.

(2) Lease those capital improvements to the capital improvement board.

(3) Sue, be sued, plead, and be impleaded, but all actions against the authority must be brought in the circuit or superior court of the county in which the authority is located.

(4) Condemn, appropriate, lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with capital improvements.

(5) Acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter.

(6) Enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a capital improvement.

(7) Design, order, contract for, and construct, reconstruct, and renovate any capital improvements or improvements to a capital improvement.

(8) Employ managers, superintendents, architects, engineers, attorneys, auditors, clerks, construction managers, and other employees necessary for construction of capital improvements or improvements to a capital improvement.

(9) Subject to section 11.5 of this chapter, make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter.

(10) Take any other action necessary to implement its purposes as set forth in section 10 of this chapter.

As added by P.L.82-1985, SEC.12. Amended by P.L.109-2019, SEC.20.
Ind. Code § 36-7-4-300 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-300
300 Series—Organization of commission
Status: in_force

Sec. 300. This series (sections 300 through 399 of this chapter) may be cited as follows: 300 SERIES─COMMISSION ORGANIZATION.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-10-8-18 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-18
Tax exemption
Status: in_force

Sec. 18. All property owned or used and all income and revenues received by the board are exempt from special assessments and taxation in Indiana for all purposes.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-1-32-2 — Indiana Code / Title 36 / Article 1 / Chapter 32 / Section 36-1-32-2
"Unit"
Status: in_force

Sec. 2. As used in this chapter, "unit" means a county, city, town, or township.

As added by P.L.136-2024, SEC.52.
Ind. Code § 36-5-2-0.1 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to sections 9.8 and 10 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.

As added by P.L.220-2011, SEC.654.
Ind. Code § 36-7-14-15 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-15
Data concerning areas in need of redevelopment; declaratory resolution; amendment to resolution or plan; approval
Status: in_force

Sec. 15. (a) Whenever the redevelopment commission finds that:

(1) an area in the territory under its jurisdiction is an area needing redevelopment;

(2) the conditions described in IC 36-7-1-3 cannot be corrected in the area by regulatory processes or the ordinary operations of private enterprise without resort to this chapter;

(3) the public health and welfare will be benefited by:

(A) the acquisition and redevelopment of the area under this chapter as a redevelopment project area; or

(B) the amendment of the resolution or plan, or both, for an existing redevelopment project area; and

(4) in the case of an amendment to the resolution or plan for an existing redevelopment project area:

(A) the amendment is reasonable and appropriate when considered in relation to the original resolution or plan and the purposes of this chapter; and

(B) the resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the unit;

the commission shall cause to be prepared the data described in subsection (b).

(b) After making a finding under subsection (a), the commission shall cause to be prepared:

(1) maps and plats showing:

(A) the boundaries of the area in which property would be acquired for, or otherwise affected by, the establishment of a redevelopment project area; or the amendment of the resolution or plan for an existing area;

(B) the location of the various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, remediation, replatting, replanning, rezoning, or redevelopment of the area, indicating any parcels of property to be excluded from the acquisition or otherwise excluded from the effects of the establishment of the redevelopment project area; or the amendment of the resolution or plan for an existing area; and

(C) the parts of the area acquired, if any, that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the redevelopment plan;

(2) lists of the owners of the various parcels of property proposed to be acquired for, or otherwise affected by, the establishment of an area or the amendment of the resolution or plan for an existing area; and

(3) an estimate of the costs, if any, to be incurred for the acquisition and redevelopment of property.

(c) This subsection applies to the initial establishment of a redevelopment project area. After completion of the data required by subsection (b), the redevelopment commission shall adopt a resolution declaring that:

(1) the area needing redevelopment is a menace to the social and economic interest of the unit and its inhabitants;

(2) it will be of public utility and benefit to acquire the area and redevelop it under this chapter; and

(3) the area is designated as a redevelopment project area for purposes of this chapter.

The resolution must state the general boundaries of the redevelopment project area, and that the department of redevelopment proposes to acquire all of the interests in the land within the boundaries, with certain designated exceptions, if there are any.

(d) This subsection applies to the amendment of the resolution or plan for an existing redevelopment project area. After completion of the data required by subsection (b), the redevelopment commission shall adopt a resolution declaring that:

(1) it will be of public utility and benefit to amend the resolution or plan for the area; and

(2) any additional area to be acquired under the amendment is designated as part of the existing redevelopment project area for purposes of this chapter.

The resolution must state the general boundaries of the redevelopment project area, including any changes made to those boundaries by the amendment, and describe the activities that the department of redevelopment is permitted to take under the amendment, with any designated exceptions. The resolution and all supporting information shall be submitted to the legislative body of the unit establishing the redevelopment commission for approval. The legislative body must approve the additional area as part of the redevelopment project area for purposes of this chapter.

(e) For the purpose of adopting a resolution under subsection (c), or (d), it is sufficient to describe the boundaries of the redevelopment project area by its location in relation to public ways or streams, or otherwise, as determined by the commissioners. Property excepted from the application of a resolution may be described by street numbers or location.

[Pre-Local Government Recodification Citations: 18-7-7-12; 18-7-7.1-12.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.35-1990, SEC.55; P.L.185-2005, SEC.11; P.L.221-2007, SEC.35; P.L.146-2008, SEC.725; P.L.172-2011, SEC.147; P.L.149-2014, SEC.9.
Ind. Code § 36-8-3.5-12 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-12
Department members; appointment; qualifications; application; general aptitude test; ratings; eligibility list; vacancies; physical agility test; probation
Status: in_force

Sec. 12. (a) Subject to IC 36-8-4.7, to be appointed to the department, an applicant must be:

(1) a citizen of the United States;

(2) a high school graduate or equivalent; and

(3) at least twenty-one (21) years of age, but under forty (40) years of age.

However, the age requirements do not apply to a person who has been previously employed as a member of the department.

(b) A person may not be appointed, reappointed, or reinstated if the person has a felony conviction on the person's record.

(c) Applications for appointment or reappointment to the department must be filed with the commission. The applicant must produce satisfactory proof of the date and place of the applicant's birth.

(d) Applicants for appointment or reappointment to the department must pass the general aptitude test required under IC 36-8-3.2-3 or IC 36-8-3.2-3.5. The general aptitude test shall:

(1) reflect the essential functions of the job;

(2) be conducted according to procedures adopted by the commission; and

(3) be administered in a manner that reasonably accommodates the needs of applicants with a disability.

The results of the general aptitude test shall be filed with the commission. If the commission finds that the applicant lacks the proper qualifications, it shall reject the applicant.

(e) The applicants shall then be rated on the selection criteria and testing methods adopted by the commission, which may include mental alertness, character, habits, and reputation. The commission shall adopt rules for grading the applicants, including the establishment of a passing score. The commission shall place the names of applicants with passing scores on an eligibility list by the order of their scores and shall certify the list to the safety board.

(f) This subsection is subject to IC 36-8-4.7. If an applicant reaches the applicant's fortieth birthday, the applicant's name shall be removed from the eligibility list. Applicants remain on the list for two (2) years from the date of certification. After two (2) years a person may reapply as an applicant.

(g) When a vacancy occurs in the department, the commission, upon a written request of the chief of the department, shall administer the physical agility test under IC 36-8-3.2-3 or IC 36-8-3.2-3.5 to the applicant having the highest score on the eligibility list. If the appointed applicant successfully completes the physical agility test, the applicant shall then be enrolled as a member of the department to fill the vacancy if:

(1) the applicant is still of good character; and

(2) the applicant passes the required examinations identified in IC 36-8-3.2-6 and IC 36-8-8-19.

(h) All appointments are probationary for a period not to exceed one (1) year. If the commission finds, upon the recommendation of the department during the probationary period, that the conduct or capacity of the probationary member is not satisfactory, the commission shall notify the member in writing that the member:

(1) is being reprimanded;

(2) is being suspended; or

(3) will not receive a permanent appointment.

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

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.4-1992, SEC.30; P.L.99-2007, SEC.214; P.L.115-2016, SEC.1; P.L.127-2017, SEC.230; P.L.103-2021, SEC.2; P.L.102-2023, SEC.2.
Ind. Code § 36-9-27-12 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-12
Conflicts of interest
Status: in_force

Sec. 12. (a) This section does not apply to a joint board that includes three (3) or more counties in a drainage basin of more than one hundred thousand (100,000) acres.

(b) Whenever it appears, in any proceeding for the construction, reconstruction, or maintenance of a regulated drain, that a member of the board has an interest in the proceedings because of the member's ownership of real property affected by the drain, that member shall immediately disqualify himself or herself from serving on the board in those proceedings. However, the fact that county highways will be affected by any proceedings does not disqualify a regular member of the board.

[Pre-Local Government Recodification Citation: 19-4-1-16.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.350-1985, SEC.1; P.L.127-2017, SEC.327.
Ind. Code § 36-1-10-19 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-19
Assignment or conveyance of lease; conveyance of structure, system, or transportation project
Status: in_force

Sec. 19. A lessor may assign or convey a lease entered into under this chapter to any other person as set forth in the lease. A lessor may convey the structures, transportation projects, or system to any person. However, an assignment or conveyance under this section does not affect the terms and conditions of the lease.

[Pre-Local Government Recodification Citation: 18-5-3.3-12.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.20; P.L.343-1989(ss), SEC.22.
Ind. Code § 36-7-11.2-15 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-15
"Single family or double family residential dwellings" defined
Status: in_force

Sec. 15. As used in this chapter, "single family or double family residential dwellings" means residential structures that:

(1) do not share a common wall with any other residential structures;

(2) were designed and built for occupancy by not more than two (2) separate families; and

(3) contain not more than two (2) separate living quarters.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-10-11-1 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.12-1992, SEC.197; P.L.170-2002, SEC.177; P.L.119-2012, SEC.242; P.L.104-2022, SEC.223.
Ind. Code § 36-9-41-1.5 — Indiana Code / Title 36 / Article 9 / Chapter 41 / Section 36-9-41-1.5
"Eligible efficiency project"
Status: in_force

Sec. 1.5. As used in this chapter, "eligible efficiency project" means:

(1) a project necessary or useful to carrying out an interlocal cooperation agreement entered into by two (2) or more political subdivisions or governmental entities under IC 36-1-7; or

(2) a project necessary or useful to the consolidation of local government services.

As added by P.L.88-2009, SEC.17.
Ind. Code § 36-7-31.5-1 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-1
Applicability of chapter
Status: in_force

Sec. 1. (a) This chapter applies only to a county having a consolidated city.

(b) The authority for the creation of a professional sports development area under this chapter is in addition to the authority for the creation of a professional sports development area under IC 36-7-31.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-9-36-57 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-57
Foreclosure actions; payment of judgment; costs and attorney's fees; decree
Status: in_force

Sec. 57. (a) The court costs and the attorney's fees allowed in foreclosure actions shall be paid directly to the clerk of the court to satisfy that part of a judgment. The remainder of the judgment shall be paid directly to the disbursing officer for the benefit of the special improvement fund of the department that is entitled to the foreclosure proceeds.

(b) The disbursing officer shall do the following:

(1) Enter the payment under subsection (a) on the records and duplicates.

(2) Satisfy the judgment docket as to the payment of the judgment.

(c) The court decree of foreclosure must assign the duties described in subsection (b) to the disbursing officer.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-2-12-6 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-6
Administration of oaths; appointment to offices of commissioner for partition or viewer; acknowledgments of mortgages and deeds
Status: in_force

Sec. 6. (a) The surveyor may:

(1) administer oaths necessary in the discharge of the surveyor's duties; and

(2) administer and certify any oath required to be taken by:

(A) a commissioner for the partition of real property; or

(B) a commissioner to view, mark, locate, or relocate a public highway.

(b) If the surveyor is appointed to one (1) of the offices covered by subsection (a)(2), the surveyor is not required to take an oath under that provision. The surveyor's duties as a commissioner comprise part of the surveyor's official duties, and the surveyor's signature on any proceedings required of a commissioner is sufficient.

(c) The surveyor may take, and certify with the surveyor's seal and signature, acknowledgments of mortgages and deeds for the conveyance of real property.

[Pre-Local Government Recodification Citations: 17-3-58-4; 17-3-58-7; 17-3-58-8 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1989, SEC.227.
Ind. Code § 36-2-3-10 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-10
Employment of attorney to represent and advise fiscal body
Status: in_force

Sec. 10. (a) The fiscal body may employ and fix the compensation of an attorney to represent and advise the fiscal body.

(b) For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county fiscal body as an attorney does not constitute a lucrative office.

As added by P.L.137-1989, SEC.13.
Ind. Code § 36-2-17-3 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-3
Photostatic recording of documents; force of recording
Status: in_force

Sec. 3. (a) A county officer who is required to record documents may record them by a photographic process if:

(1) the process is adopted by the county executive; and

(2) the necessary photographic equipment and supplies are furnished for that purpose by the county executive.

(b) Photostatic recording of documents has the same force as recording of documents by handwriting, typewriter, or handwriting on partly printed pages.

[Pre-Local Government Recodification Citation: 17-3-56-1.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-2-19-5 — Indiana Code / Title 36 / Article 2 / Chapter 19 / Section 36-2-19-5
Copy of plat to county auditor or surveyor
Status: in_force

Sec. 5. A copy of any plat recorded in the recorder's office or filed in the surveyor's office under this chapter must be provided to the county auditor or the county surveyor, if this action is authorized by county ordinance for the maintenance of the plat book under IC 6-1.1-5-1.

As added by P.L.76-1989, SEC.4.
Ind. Code § 36-7-30-32 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-32
Conditions on property development; development fees
Status: in_force

Sec. 32. (a) Notwithstanding any other law, a reuse authority may:

(1) impose conditions on the development of any property in a reuse area; and

(2) require the payment of development fees or other fees by private persons to pay, defray, or mitigate the costs of the construction, operation, and maintenance of infrastructure that is required or needed to serve the development, redevelopment, and reuse of property within the reuse area.

(b) Before a reuse authority may impose conditions under subsection (a)(1), the reuse authority shall adopt a written resolution finding that the conditions to be imposed are:

(1) necessary to carry out at least one (1) of the purposes of this chapter; and

(2) reasonably related in nature and extent to the impact upon the development, redevelopment, and reuse of the property upon which the conditions are imposed.

(c) Before a reuse authority may impose fees under subsection (a)(2), the reuse authority shall adopt a written resolution finding that:

(1) the infrastructure for which the fees are to be imposed is necessary to carry out at least one (1) of the purposes of this chapter and is required or needed to serve the development, redevelopment, and reuse of the property within the reuse area; and

(2) the fees to be imposed are reasonably related in nature and extent to the impact upon the infrastructure attributable to the development, redevelopment, and reuse of the property within the reuse area upon which the fees are imposed.

(d) Conditions imposed under subsection (a)(1) must be approved by the plan commission of the unit or other body responsible for developing a general plan for the unit. To approve the conditions, the plan commission or other body shall adopt a written resolution making the same findings required to be made by the reuse authority under subsection (b).

(e) Fees imposed under subsection (a)(2) must be deposited in the appropriate fund of the unit responsible for constructing, operating, and maintaining the particular infrastructure for which the fee has been imposed.

As added by P.L.228-1997, SEC.4.
Ind. Code § 36-7-24-6 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-6
Board of directors; membership; chair; executive director
Status: in_force

Sec. 6. (a) The powers of an authority are vested in a board of directors of the authority. The board consists of the following members:

(1) The county executive of each county participating in the authority, or the county executive's designee.

(2) A juvenile court judge of each county participating in the authority. However, if a county participating in the authority does not have a juvenile court judge, the circuit court judge of the county is a member of the board.

(3) A member of the county fiscal body of each county participating in the authority, or the member's designee.

(b) The members of the board shall select a member to be the chair of the board.

(c) An authority may select an executive director by a majority vote of the members of the board.

As added by P.L.223-1991, SEC.1. Amended by P.L.127-2017, SEC.222.
Ind. Code § 36-6-6-14 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-14
Special meeting; determination of need for fire and emergency services; effect of levy increase
Status: in_force

Sec. 14. (a) At any special meeting, if two (2) or more members give their consent, the legislative body may determine whether there is a need for fire and emergency services or other emergency requiring the expenditure of money not included in the township's budget estimates and levy.

(b) Subject to section 14.5 of this chapter, if the legislative body finds that a need for fire and emergency services or other emergency exists, it may issue a special order, entered and signed on the record, authorizing the executive to borrow a specified amount of money sufficient to meet the emergency. However, the legislative body may not authorize the executive to borrow money under this subsection in more than three (3) calendar years during any five (5) year period.

(c) Notwithstanding IC 36-8-13-4(a), the legislative body may authorize the executive to borrow a specified sum from a township fund other than the township firefighting or emergency services fund, or if applicable, the township firefighting fund or township emergency services fund if the legislative body finds that the emergency requiring the expenditure of money is related to paying the operating expenses of a township fire department or a volunteer fire department. At its next annual session, the legislative body shall cover the debt created by making a levy to the credit of the fund for which the amount was borrowed under this subsection.

(d) In determining whether a fire and emergency services need exists requiring the expenditure of money not included in the township's budget estimates and levy, the legislative body and any reviewing authority considering the approval of the additional borrowing shall consider the following factors:

(1) The current and projected certified and noncertified public safety payroll needs of the township.

(2) The current and projected need for fire and emergency services within the jurisdiction served by the township.

(3) Any applicable national standards or recommendations for the provision of fire protection and emergency services.

(4) Current and projected growth in the number of residents and other citizens served by the township, emergency service runs, certified and noncertified personnel, and other appropriate measures of public safety needs in the jurisdiction served by the township.

(5) Salary comparisons for certified and noncertified public safety personnel in the township and other surrounding or comparable jurisdictions.

(6) Prior annual expenditures for fire and emergency services, including all amounts budgeted under this chapter.

(7) Current and projected growth in the assessed value of property requiring protection in the jurisdiction served by the township.

(8) Other factors directly related to the provision of public safety within the jurisdiction served by the township.

(e) In the event the township received additional funds under this chapter in the immediately preceding budget year for an approved expenditure, any reviewing authority shall take into consideration the use of the funds in the immediately preceding budget year and the continued need for funding the services and operations to be funded with the proceeds of the loan.

[Pre-Local Government Recodification Citation: 17-4-29-3 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.41-1993, SEC.48; P.L.50-1998, SEC.1; P.L.146-2008, SEC.715; P.L.218-2013, SEC.14; P.L.203-2016, SEC.24; P.L.236-2023, SEC.168.
Ind. Code § 36-1.5-4.1-22 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-22
Filing plan
Status: in_force

Sec. 22. The legislative body of the recipient municipality shall file a certified copy of the plan with each of the following at the same time certifications are made under section 21 of this chapter:

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

(2) The department of local government finance.

(3) The clerk of the circuit court.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-7-38-20 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-20
Limitation on property tax exemption for leased property
Status: in_force

Sec. 20. Notwithstanding IC 6-1.1-10-4, after a land bank acquires title to a parcel of real property, the property tax exemption provided under IC 6-1.1-10-4 terminates for the parcel of real property on the final day of the first uninterrupted forty-eight (48) month period for which the land bank has leased, or offered to lease, all or part of the parcel of real property to one (1) or more tenants.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-9-11-17 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-17
Actions by bondholders; appointment of receivers
Status: in_force

Sec. 17. (a) A holder of revenue bonds or interest coupons issued under section 16 of this chapter may, by civil action:

(1) protect and enforce all rights granted by statute or by the ordinance authorizing the issuance of the bonds; and

(2) enforce and compel performance of all the duties required by this chapter or the ordinance, including the fixing and collecting of parking charges or charges for other service rendered by the parking facilities.

(b) Upon a failure to pay the interest on or the principal of the revenue bonds in accordance with their terms, a court may appoint a receiver to administer the parking facilities on behalf of the municipality and the bondholders. The receiver may:

(1) fix and collect parking charges and other charges sufficient to provide for the payment of:

(A) the expenses of operation, repair, and maintenance; and

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

(2) apply the revenues in the manner prescribed by this chapter and the ordinance authorizing the issuance of the revenue bonds.

[Pre-Local Government Recodification Citations: 19-5-11-9; 19-5-13-11.]

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-9-24-4 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-4
Maximum duration; options to renew
Status: in_force

Sec. 4. The term of a lease under this chapter may not exceed fifty (50) years. However, the lease must provide that the municipality has an option to renew the lease for a further term on similar conditions.

[Pre-Local Government Recodification Citation: 19-2-5.5-3 part.]

As added by Acts 1981, P.L.309, SEC.97.
Ind. Code § 36-3-2-2 — Indiana Code / Title 36 / Article 3 / Chapter 2 / Section 36-3-2-2
Consolidated city; home rule and taxation powers; annexation of territory
Status: in_force

Sec. 2. (a) The consolidated city has home rule powers under IC 36-1-3, including all the powers that a first class city has according to law. In addition, the consolidated city has the power to levy and collect taxes on taxable privileges and to regulate those privileges.

(b) If the consolidated city wants to annex territory inside the county, it must do so in the manner prescribed by section 7 of this chapter.

(c) The consolidated city may not annex territory outside the county.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-1-2(f); 18-4-2-3; 18-4-2-33 part; subsection (b) formerly 18-4-15-1(a) part; subsection (c) formerly 18-4-2-34 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981, P.L.17, SEC.16.
Ind. Code § 36-4-5-3 — Indiana Code / Title 36 / Article 4 / Chapter 5 / Section 36-4-5-3
Powers and duties
Status: in_force

Sec. 3. The executive shall:

(1) enforce the ordinances of the city and the statutes of the state;

(2) provide a statement of the finances and general condition of the city to the city legislative body at least once a year;

(3) provide any information regarding city affairs that the legislative body requests;

(4) recommend, in writing, to the legislative body actions that the executive considers proper;

(5) call special meetings of the legislative body when necessary;

(6) supervise subordinate officers;

(7) insure efficient government of the city;

(8) fill vacancies in city offices when required by IC 3-13-8;

(9) sign all bonds, deeds, and contracts of the city and all licenses issued by the city; and

(10) approve or veto ordinances, orders, and resolutions of the legislative body under IC 36-4-6-15.

[Pre-Local Government Recodification Citation: 18-1-6-2 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.49.
Ind. Code § 36-8-3-23 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-23
Police reserve officers; payments for loss of income for line of duty injury or illness
Status: in_force

Sec. 23. (a) This section applies after December 31, 2017, to a police reserve officer who is unable to pursue the officer's usual vocation as the result of an injury or illness occurring in the course of or as the result of the performance of duties as a police reserve officer.

(b) A unit shall pay a police reserve officer a weekly amount that may not be less than the Indiana minimum wage established under IC 22-2-2 and computed on the basis of a forty (40) hour work week.

(c) A unit shall pay the police reserve officer the weekly amount described in subsection (b) for the lesser of:

(1) the period the police reserve officer is unable to pursue the officer's usual vocation; or

(2) two hundred sixty (260) weeks.

As added by P.L.180-2017, SEC.6.
Ind. Code § 36-1-11-19 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-19
Annual appraisals of residential and commercial properties owned by a city
Status: in_force

Sec. 19. (a) This section applies to a city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).

(b) A city may hire an appraiser to conduct a series of appraisals of:

(1) ten (10) residential properties, located throughout the city; and

(2) ten (10) commercial properties of not less than five (5) acres, located throughout the city;

each year to assist the city with disposing of the city's real property. An appraisal conducted under this section may be used by the city to meet the appraisal requirements under section 4(b) of this chapter and IC 36-7-14-22.7(b).

(c) The city shall post the following information on the city's website, updated on an annual basis, after receiving appraisals under subsection (b):

(1) The average value per square foot of the appraised residential properties.

(2) The average value per acre of the appraised commercial properties.

The city may use the average values under this subsection to establish a minimum offering price for the sale of the city's residential and commercial properties during the applicable year.

(d) An employee or appointed or elected officer of the city may not purchase a residential or commercial property for which an appraisal is conducted by an appraiser hired under this chapter.

(e) This section expires December 31, 2029.

As added by P.L.46-2026, SEC.1.
Ind. Code § 36-7.5-4.5-9 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-9
"Local income tax base period amount"
Status: in_force

Sec. 9. (a) As used in this chapter, "local income tax base period amount" means the total amount of local income tax (IC 6-3.6) paid by:

(1) employees employed within a district with respect to wages and salary earned for work in the district; and

(2) residents living within the district;

for the calendar year in which the district was established under this chapter as determined by the department.

(b) If an individual is a resident of one (1) district and is employed within another district during a calendar year, the local income tax for the individual shall be attributed to the district in which the individual resides.

As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.190.
Ind. Code § 36-9-29.1-1 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-1
Application of chapter
Status: in_force

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

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-7-30.2-6 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-6
"State area of interest"
Status: in_force

Sec. 6. As used in this chapter, "state area of interest" means an area comprised of land located:

(1) not more than three (3) miles from an installation;

(2) within a district established under IC 36-7-30.3; or

(3) within territory described in both subdivisions (1) and (2).

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-9-6.1-10 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-10
Rights of affected property owners
Status: in_force

Sec. 10. The owners of property affected by an assessment under section 9 of this chapter have the same rights as property owners affected by an assessment under IC 36-9-36.

As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.14.
Ind. Code § 36-7-2-5 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-5
Repair, alteration, or destruction of structures and improvements
Status: in_force

Sec. 5. A unit may repair, alter, or destroy structures and other improvements if necessary.

[Pre-Local Government Recodification Citations: 18-1-1.5-10(j); 18-4-2-18 part.]

As added by Acts 1980, P.L.211, SEC.2.
Ind. Code § 36-9-25-15 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-15
Incorporation of territory by board; exemption from requirement to connect to district's sewer system and discontinue use of sewage disposal system on property; requirements; district receiving approval of sewer project by Indiana finance authority before January 1, 2022; exemption not applicable; notice
Status: in_force

Sec. 15. (a) The board, on its own initiative, whenever any territory, by its contour and watershed, or because of the extension of sewers by the municipality, is capable of draining sewage into or connecting with the sanitary system, may incorporate any territory, whether platted or unplatted, into the district by adopting a resolution to that effect describing the reason it is to be included. A certified copy of the resolution is conclusive evidence in any proceeding that the territory described was properly incorporated and constitutes a part of the district, subject to this chapter.

(b) Immediately after the passage of a resolution under subsection (a), a notice stating the time and place for a public hearing on the resolution shall be published in accordance with IC 5-3-1. By the date and time of the hearing any affected person may file in the office of the board a written remonstrance to having the person's lands included. The board shall either confirm, modify, or rescind the resolution after the hearing. An appeal may be taken from the decision by one (1) or more persons considering themselves aggrieved or injuriously affected, as long as those appealing have filed written remonstrances, as provided in this subsection, by filing their complaint within thirty (30) days after the final decision of the board. The appeal shall be governed by IC 34-13-6.

(c) If the court is satisfied upon hearing an appeal under subsection (b):

(1) that less than seventy-five percent (75%) of the persons owning property in the territory sought to be incorporated in the district have remonstrated; and

(2) that the incorporation of the territory into the district will be for its interest and will cause no manifest injury to the persons owning property in the territory;

the court shall so find and the incorporation shall be ordered. If the court is satisfied that seventy-five percent (75%) or more of the persons owning property in the territory sought to be incorporated have remonstrated, then the incorporation may not be ordered unless the court further finds from the evidence that unless it is incorporated, the health and welfare of residents of the territory or of the adjoining lands will be materially affected and that the safety and welfare of the inhabitants and property of other persons and property will be endangered.

(d) Pending an appeal under subsection (b) and during the time within which the appeal may be taken, the territory sought to be incorporated is not a part of the district. Upon the determination of the appeal, the judgment must particularly describe the resolution upon which the appeal is based. The clerk of the court shall deliver a certified copy of the judgment to the secretary of the board, who shall record it in the minute book of the board and make a cross-reference to the page upon the margin where the original resolution was recorded. If a decision is adverse to an incorporation, further proceedings may not be taken by the board to incorporate that territory within the district for a period of one (1) year after the rendition of the judgment.

(e) Except as provided in subsection (n) and subject to subsections (f) through (m), a property owner whose property is incorporated into a district under this section or section 14(b) of this chapter, regardless of whether the property owner has filed a written remonstrance or an appeal with respect to the incorporation, is exempt from a requirement to connect to the district's sewer system and to discontinue use of a sewage disposal system on the property owner's property if all of the following conditions are met:

(1) The property owner's sewage disposal system is a septic tank soil absorption system (as defined in IC 13-11-2-199.5) or constructed wetland septic system (as defined in IC 36-9-23-30.1(a)) that:

(A) was new at the time of installation; and

(B) was approved in writing by the local health department, the department's designee, or a qualified inspector.

(2) The property owner, at the property owner's own expense, obtains a written determination from the local health department or the department's designee that the property owner's sewage disposal system is not failing. The local health department or the department's designee shall provide the owner with a written determination not later than sixty (60) days after receipt of the owner's request. If the local health department or the department's designee fails to provide a written determination within the time set forth in this subdivision, the owner, at the owner's expense, may obtain a written determination from a qualified inspector. If the local health department or the department's designee determines that the sewage disposal system is failing, the property owner may appeal the determination to the board of the local health department. The decision of the board of the local health department is final and binding.

(3) The property owner provides the board with:

(A) a written notification of potential qualification for the exemption, as described in subsection (h); and

(B) the written determination described in subdivision (2);

within the time limits set forth in subsection (h).

(f) If the property owner, within the time allowed under subsection (h), notifies the board in writing of the property owner's potential qualification for the exemption, the board shall, until the property owner's eligibility for the exemption is determined, suspend the requirement that the property owner discontinue use of the property owner's sewage disposal system and connect to the district's sewer system.

(g) A property owner who qualifies for the exemption provided under this section may not be required to connect to the district's sewer system for a period of ten (10) years beginning on the date of the written determination of the local health department, the department's designee, or a qualified inspector under subsection (e)(2) that the property owner's sewage disposal system is not failing. A property owner may apply for two (2) five (5) year extensions of the exemption provided under this section by following the procedures set forth in this section. If ownership of an exempt property is transferred during a valid exemption period, including during an extension of an initial exemption:

(1) the exemption applies to the subsequent owner of the property for the remainder of the exemption period during which the transfer occurred; and

(2) the subsequent owner may apply for any remaining extensions.

However, the total period during which a property may be exempt from the requirement to connect to a district's sewer system under this section may not exceed twenty (20) years, regardless of ownership of the property.

(h) To qualify for an exemption under this section, a property owner must:

(1) not later than sixty (60) days after being notified of the requirement to connect to the district's sewer system, notify the board in writing that the property owner qualifies for an exemption under this section; and

(2) not later than one hundred twenty (120) days after the board receives the written notice provided under subdivision (1), provide the board with the written determination required under subsection (e)(2).

(i) When a property owner who qualifies for an exemption under this section subsequently discontinues use of the property owner's sewage disposal system and connects to the district's sewer system, the property owner may be required to pay only the following to connect to the sewer system:

(1) The connection fee the property owner would have paid if the property owner connected to the sewer system on the first date the property owner could have connected to the sewer system.

(2) Any additional costs:

(A) considered necessary by; and

(B) supported by documentary evidence provided by;

the board.

(j) A property owner who connects to a district's sewer system may provide, at the owner's expense, labor, equipment, materials, or any combination of labor, equipment, and materials from any source to accomplish the connection to the sewer system, subject to inspection and approval by the board or a designee of the board.

(k) This section does not affect the authority of the Indiana department of health, a local health department, or a county health officer with respect to a sewage disposal system.

(l) For purposes of this section, a sewage disposal system is "failing" if one (1) or more of the following apply:

(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.

(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.

(3) Effluent discharged from the system contaminates a potable water supply, ground water, or surface waters.

(m) As used in this section, "qualified inspector" means any of the following:

(1) An employee of a local health department who is designated by the local health department as having sufficient knowledge of onsite sewage systems to determine if an onsite sewage system is failing.

(2) An individual who is certified by the Indiana Onsite Wastewater Professionals Association as an onsite sewage system installer or inspector.

(3) An individual listed by the Indiana department of health or a local health department with jurisdiction over the service area of the property inspected as having sufficient knowledge of onsite sewage systems to determine if an onsite sewage system is failing.

(n) Subsections (e) through (i) do not apply to a property owner whose property is incorporated into a district under this section or section 14(b) of this chapter if:

(1) the district has received approval from the Indiana finance authority before January 1, 2022, of a preliminary engineering report:

(A) for a project to construct the sewer line to which the property owner's property is being required to connect; and

(B) in connection with funding from the wastewater or drinking water revolving loan program under IC 5-1.2-10; and

(2) the timing and requirements for connection to the district's sewer system are the same for all property owners being required to connect to the district's sewer system under the terms of the project.

(o) Immediately after the adoption of a resolution under subsection (a), and following the completion of any appeals under subsections (b) and (c), the board shall do the following:

(1) Notify any impacted property owners of the sewer project within three hundred (300) feet of the property line.

(2) Give notice by certified mail to the property owner at the address of the property at least ninety (90) days before the date specified for mandatory connection in the notice.

(3) Give notice by certified mail to the property owner at the address of the property of the applicable exemptions from connecting to the sewer system available to the property owner that are described in subsection (e) at least ninety (90) days before the date specified for connection in the notice.

[Pre-Local Government Recodification Citation: 19-2-14-7 part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.67; P.L.1-1998, SEC.216; P.L.127-2017, SEC.319; P.L.167-2022, SEC.15; P.L.56-2023, SEC.338; P.L.232-2023, SEC.16.
Ind. Code § 36-7-4-911 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-911
Board of zoning appeals; official action
Status: in_force

Sec. 911. Action of the board of zoning appeals is not official, unless it is authorized by a majority of the entire membership of the board.

[Pre-Local Government Recodification Citations: 18-7-2-64 part; 18-7-4-911; 18-7-4-72 part; 18-7-5-76 part.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-10-9.2-3 — Indiana Code / Title 36 / Article 10 / Chapter 9.2 / Section 36-10-9.2-3
Public purpose in funding facility
Status: in_force

Sec. 3. Funding of such a facility or payment of costs or reimbursement for such a facility constitutes a public purpose by creating or maintaining jobs and employment and by providing for the health and welfare of residents of the consolidated city.

As added by P.L.37-1988, SEC.42.
Ind. Code § 36-8-10-12.1 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-12.1
Maximum monthly pension
Status: in_force

Sec. 12.1. (a) This section applies to an employee beneficiary who:

(1) retires after June 30, 1997; and

(2) served in a county that has adopted an ordinance stating that the maximum monthly pension for an employee beneficiary who retires after June 30, 1997, shall be determined under this section instead of section 12(j) of this chapter.

(b) As used in this section, "average monthly wage" means the lesser of:

(1) the average monthly wage received by the employee beneficiary during the highest paid three (3) years before retirement; or

(2) the monthly minimum salary that a full-time prosecuting attorney is entitled to be paid by the state at the time the employee beneficiary retires.

(c) Except as provided in subsection (d), an employee beneficiary's monthly pension may not exceed twenty dollars ($20) plus one-half (1/2) the amount of the average monthly wage.

(d) The fiscal body of a county may approve an increase in the maximum monthly pension for an employee beneficiary. The maximum monthly pension may:

(1) be increased by one percent (1%) of the average monthly wage for each six (6) months of service after twenty (20) years; and

(2) not exceed seventy-four percent (74%) of the average monthly wage plus twenty dollars ($20).

As added by P.L.233-1997, SEC.2.
Ind. Code § 36-7-4-1014 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1014
Remedies and enforcement; allowable actions
Status: in_force

Sec. 1014. (a) The plan commission, board of zoning appeals, or any enforcement official designated in the zoning ordinance may bring an action under IC 36-1-6 to enforce any ordinance adopted or action taken under this chapter.

(b) The plan commission, board of zoning appeals, or any enforcement official designated in the zoning ordinance may also bring an action to enforce:

(1) conditions imposed by the commission or board of zoning appeals under this chapter; or

(2) covenants made in connection with a subdivision plat, a development plan, or a PUD district ordinance (as defined in section 1503 of this chapter).

(c) ADVISORY. In addition, in each county having a metropolitan plan commission, if the county or second class city adopts a zoning ordinance under this chapter, then that unit may also invoke any remedy under this section. However, the county may do so only outside the corporate boundaries of the city, and the city may do so only within its corporate boundaries.

(d) The plan commission, board of zoning appeals, or designated enforcement official may invoke any legal, equitable, or special remedy in an action described in subsection (a) or (b).

(e) An action for the levy of a fine or penalty for enforcement of a zoning ordinance may be brought in any court located within the jurisdiction of the plan commission or board of zoning appeals.

(f) If the plan commission, board of zoning appeals, or designated enforcement official is successful in an action brought under this section, the respondent shall bear the costs of the action. A change of venue from the county may not be granted in such an action.

[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-2-84.1 part; 18-7-3-8.5; 18-7-4-1014; 18-7-4-1015 part; 18-7-4-25 part; 18-7-5-28 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.27; P.L.2-1989, SEC.27; P.L.261-1993, SEC.1; P.L.16-1995, SEC.13; P.L.320-1995, SEC.19; P.L.126-2011, SEC.35.
Ind. Code § 36-8-8-22 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-22
Selection of administrative law judge
Status: in_force

Sec. 22. Nothing in this chapter limits the discretion of the system board to select an administrative law judge under IC 4-21.5-3-9.

As added by P.L.311-1989, SEC.16. Amended by P.L.35-2012, SEC.140.
Ind. Code § 36-2-19-4 — Indiana Code / Title 36 / Article 2 / Chapter 19 / Section 36-2-19-4
Recording plat of survey; information included; filing ordinance; filing fee
Status: in_force

Sec. 4. (a) If a land surveyor has prepared a plat of any original, retracement, or record document survey (not including Indiana surveyor location reports or other similar documents normally associated with a mortgage loan) the plat shall be recorded in the county recorder's office when:

(1) a new tax parcel is created;

(2) no survey has been previously recorded; or

(3) the monuments, monument references, or the description varies from the last recorded survey of the parcel.

(b) The plat of survey described in subsection (a) must include the following:

(1) The name of the owner or title holder according to the current county tax records at the time of recording (or the actual title holder if the land surveyor knows the tax records are not accurate).

(2) The area of each surveyed tract.

(3) A statement indicating the existence or absence of improvements on each surveyed tract.

(c) The county may enact an ordinance requiring that if plats of survey have been prepared the plats must be filed with the county surveyor's office. If such an ordinance is adopted and a plat of survey has been prepared, a notarized record executed by the professional surveyor of the filing (showing the name of the professional surveyor, the date of certification, the name of the owner of the surveyed parcel as described in subsection (b)(1), and a brief description of the surveyed parcel) must be recorded in the recorder's office. The ordinance shall establish a fee schedule for the filing of the plat.

As added by P.L.76-1989, SEC.4. Amended by P.L.57-2013, SEC.95.
Ind. Code § 36-7-15.6-21 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-21
Report
Status: in_force

Sec. 21. (a) Not later than April 15 of each year, a commission that administers a flood control improvement fund established under section 16 of this chapter shall file with the mayor and the fiscal body of the unit that established the commission a report setting out the commission's activities with regard to the flood control improvement fund during the preceding calendar year.

(b) The report required by subsection (a) must include the following:

(1) Revenues received.

(2) Expenses paid.

(3) Fund balances.

(4) The amount and maturity date of all outstanding obligations.

(5) The amount paid on outstanding obligations.

(6) A list of all the parcels included in the allocation area and the base assessed value and incremental assessed value for each parcel.

(c) The report filed under subsection (a) is a public record and must be made available for inspection to an owner of special flood hazard property that is located within the district for which the report is made.

(d) A copy of the report filed under subsection (a) must be submitted to the department of local government finance in an electronic format.

(e) The commission shall also provide a copy of the report filed under subsection (a) to the following:

(1) The board of public works that recommended the establishment of the district.

(2) A certified neighborhood association located within the boundaries of the district.

(f) The fiscal body of a unit, the department of local government finance, or the board of public works may post a copy of the commission's report on an Internet web site maintained by the fiscal body of the unit, the department of local government finance, or the board of public works.

As added by P.L.61-2018, SEC.1. Amended by P.L.257-2019, SEC.132.
Ind. Code § 36-8-10.5-8 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-8
Training location and personnel
Status: in_force

Sec. 8. (a) The training may be conducted at:

(1) a location within the political subdivision employing a full-time firefighter;

(2) the headquarters of the volunteer fire department where a volunteer firefighter is seeking membership; or

(3) any other facility where the training is offered.

(b) The training must be conducted by personnel certified as instructors by the department.

As added by P.L.49-1987, SEC.2. Amended by P.L.1-1999, SEC.87; P.L.238-2025, SEC.99.
Ind. Code § 36-7-31-12 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-12
Review of resolution by budget committee; notice requirements; information to taxing units
Status: in_force

Sec. 12. (a) Upon adoption of a resolution establishing a tax area under section 14 of this chapter, the commission shall submit the resolution to the budget committee for review and recommendation to the budget agency. The budget committee shall meet not later than sixty (60) days after receipt of a resolution and shall make a recommendation on the resolution to the budget agency.

(b) Upon adoption of a resolution changing the boundaries of a tax area under section 14 of this chapter, the commission shall:

(1) publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1; and

(2) file the following information with each taxing unit in the county in which the district is located:

(A) A copy of the notice required by subdivision (1).

(B) A statement disclosing the impact of the district, including the following:

(i) The estimated economic benefits and costs incurred by the district, as measured by increased employment and anticipated growth of property assessed values.

(ii) The anticipated impact on tax revenues of each taxing unit.

The notice must state the general boundaries of the district.

(c) Upon completion of the actions required by subsection (b), the commission shall submit the resolution to the budget committee for review and recommendation to the budget agency. The budget committee shall meet not later than sixty (60) days after receipt of a resolution and shall make a recommendation on the resolution to the budget agency.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.199-2005, SEC.36.
Ind. Code § 36-2-14-19 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-19
Cornea donations
Status: in_force

Sec. 19. (a) As used in this section, "cornea" includes corneal tissue.

(b) As used in this section, "decedent" means a person described in section 6(a)(1) through 6(a)(5) of this chapter.

(c) As used in this section, "eye bank" means a nonprofit corporation:

(1) organized under Indiana law;

(2) exempt from federal income taxation under Section 501 of the Internal Revenue Code; and

(3) whose purposes include obtaining, storing, and distributing corneas that are to be used for corneal transplants or for other medical or medical research purposes.

(d) If under section 6 of this chapter the coroner requires an autopsy to be performed upon a decedent, the coroner may authorize the removal of one (1) or both of the decedent's corneas for donation to an eye bank for transplantation, if the following conditions exist:

(1) The decedent's corneas are not necessary for successful completion of the autopsy.

(2) The decedent's corneas are not necessary for use as evidence.

(3) Removal of the decedent's corneas will not alter the postmortem facial appearance of the decedent.

(4) A representative of the eye bank, authorized by the trustees of the eye bank to make requests for corneas, has done the following:

(A) Within six (6) hours after the time of death, made a reasonable attempt to:

(i) contact any of the persons listed in the order of priority specified in IC 29-2-16.1-8; and

(ii) inform the person of the effect of the removal of the decedent's corneas on the physical appearance of the decedent.

(B) Submitted to the coroner:

(i) a written request for the donation by the coroner of corneas of the decedent subject to autopsy under section 6 of this chapter; and

(ii) a written certification that corneas donated under this section are intended to be used only for cornea transplant.

(5) The removal of the corneas and their donation to the eye bank will not alter a gift made by:

(A) the decedent when alive; or

(B) any of the persons listed in the order of priority specified in IC 29-2-16.1-8;

to an agency or organization other than the eye bank making the request for the donation.

(6) The coroner, at the time the removal and donation of a decedent's corneas is authorized, does not know of any objection to the removal and donation of the decedent's corneas made by:

(A) the decedent, as evidenced in a written document executed by the decedent when alive; or

(B) any of the persons listed in the order of priority specified in IC 29-2-16.1-8.

(e) A person, including a coroner and an eye bank and the eye bank's representatives, who exercises reasonable care in complying with subsection (d)(6) is immune from civil liability arising from cornea removal and donation allowed under this section.

(f) A person who authorizes the donation of a decedent's corneas may not be charged for the costs related to the donation. The recipient of the donation is responsible for the costs related to the donation.

As added by P.L.36-1993, SEC.6. Amended by P.L.147-2007, SEC.19; P.L.193-2018, SEC.5; P.L.75-2026, SEC.8.
Ind. Code § 36-7-11.3-17 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-17
Size of preservation area
Status: in_force

Sec. 17. A preservation area may not be larger than the legislative body considers required to accomplish the purposes of this chapter.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-1-16-2 — Indiana Code / Title 36 / Article 1 / Chapter 16 / Section 36-1-16-2
Display of Ten Commandments on political subdivision property
Status: in_force

Sec. 2. An object containing the words of the Ten Commandments may be displayed on real property owned by a political subdivision along with other documents of historical significance that have formed and influenced the United States legal or governmental system. Such display of an object containing the words of the Ten Commandments shall be in the same manner and appearance generally as other documents and objects displayed, and shall not be presented or displayed in any fashion that results in calling attention to it apart from the other displayed documents and objects.

As added by P.L.22-2000, SEC.2.
Ind. Code § 36-7-5.2-2 — Indiana Code / Title 36 / Article 7 / Chapter 5.2 / Section 36-7-5.2-2
Municipal or county ordinance
Status: in_force

Sec. 2. If a municipality or county adopts an ordinance, a resolution, or an order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance, resolution, or order must:

(1) reasonably accommodate amateur radio communications; and

(2) represent the minimal regulation practicable to accomplish the municipality's or county's legitimate purpose.

As added by P.L.109-2003, SEC.1.
Ind. Code § 36-7-13-3.4 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-3.4
"Income tax incremental amount"
Status: in_force

Sec. 3.4. (a) Except as provided in subsection (b), as used in this chapter, "income tax incremental amount" means the remainder of:

(1) the aggregate amount of state and local income taxes paid by employees employed in a district with respect to wages earned for work in the district for a particular state fiscal year; minus

(2) the sum of the:

(A) income tax base period amount; and

(B) tax credits awarded by the economic development for a growing economy board under IC 6-3.1-13 to businesses operating in a district as the result of wages earned for work in the district for the state fiscal year;

as determined by the department of state revenue under section 14 of this chapter.

(b) For purposes of a district designated under section 12.1 of this chapter, "income tax incremental amount" means seventy-five percent (75%) of the amount described in subsection (a).

As added by P.L.125-1998, SEC.8. Amended by P.L.224-2003, SEC.235; P.L.199-2005, SEC.30.
Ind. Code § 36-4-6-2 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-2
Common council; election; eligibility; term of office
Status: in_force

Sec. 2. (a) A common council, which is the city legislative body, shall be elected under IC 3-10-6 by the voters of each city.

(b) A person is eligible to be a member of the legislative body only if the person meets the qualifications prescribed by IC 3-8-1-27.

(c) Residency in territory that is annexed by the city before the person files a declaration of candidacy or petition of nomination is considered residency for the purposes of subsection (b), even if the annexation takes effect less than one (1) year before the election.

(d) A member of the legislative body must reside within:

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

(2) the district from which the member was elected, if applicable.

(e) A member forfeits office if the member ceases to be a resident of the district or city.

(f) The term of office of a member of the legislative body is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.

[Pre-Local Government Recodification Citations: 18-1-2-1 part; 18-1-2-1.5 part; 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part; 18-2-1-8 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.51; P.L.3-1987, SEC.557.
Ind. Code § 36-9-27-74 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-74
Certain counties; tax levy; appropriations
Status: in_force

Sec. 74. (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) Each year, the county shall levy the tax authorized by section 73 of this chapter at a rate on each one hundred dollars ($100) of assessed valuation that will yield three hundred thousand dollars ($300,000) per year.

(c) The county auditor shall determine a particular watershed's part of the receipts from the tax authorized by this section by multiplying the total tax receipts by a fraction determined by the county surveyor. The numerator of the fraction is the number of acres in the particular watershed, and the denominator is the total number of acres in all of the watersheds in the county. The auditor shall annually distribute these amounts to the watersheds in the county.

(d) The county legislative body shall annually appropriate, for use in the county in each of these watersheds, at least eighty percent (80%) of the watershed's part of the tax receipts.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.12-1992, SEC.187; P.L.11-2023, SEC.129.
Ind. Code § 36-8-5-3 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-3
Military service; temporary leave of absence
Status: in_force

Sec. 3. (a) An active member of a regularly organized police or fire department who is:

(1) taken into military service by induction, enlistment, or commission or assigned by the government for war work during a national emergency declared by the president of the United States or during armed hostilities in which the United States is engaged; and

(2) temporarily absent from the department;

is considered to be a continuing member of the department on a temporary leave of absence. The records of the department must show the member in this status.

(b) Subsection (a) does not apply to a member who enlists or reenlists when no emergency or war has been declared.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-4-1 part; subsection (b) formerly 19-1-4-9 part.]

As added by Acts 1981, P.L.309, SEC.54.
Ind. Code § 36-2-17-2 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-2
Keeping records in offices; delivery to successors; use of permanent ink; violation
Status: in_force

Sec. 2. (a) The county auditor, county treasurer, county surveyor, and county sheriff shall keep in their offices all records that they are required to make and shall deliver them to their successors.

(b) The clerk of the circuit court, county auditor, and county recorder shall use permanent jet-black, nonfading ink when preparing official records in longhand. A person who violates this subsection commits a Class C infraction.

[Pre-Local Government Recodification Citations: 17-1-14-12 part; 17-2-37-1 part; 17-3-4-1; 17-3-4-2; 17-3-21-3 part; 17-3-32-13 part; 17-3-58-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.233-2015, SEC.338.
Ind. Code § 36-7-16-1 — Indiana Code / Title 36 / Article 7 / Chapter 16 / Section 36-7-16-1
Application of chapter
Status: in_force

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

[Pre-Local Government Recodification Citation: 18-7-7.5-2 part.]

As added by Acts 1981, P.L.309, SEC.35.
Ind. Code § 36-7-14-15.8 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-15.8
Repealed
Status: repealed

As added by P.L.170-1990, SEC.2. Repealed by P.L.1-1993, SEC.243.
Ind. Code § 36-10-15-1 — Indiana Code / Title 36 / Article 10 / Chapter 15 / Section 36-10-15-1
Administration of Wolf Lake Memorial Park
Status: in_force

Sec. 1. The common council of the city of Hammond shall administer the operation of Wolf Lake Memorial Park in the same manner as other city parks located in the city.

As added by P.L.220-2011, SEC.686.
Ind. Code § 36-2-13-16 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-16
Nonreverting county prisoner reimbursement funds; use of money in the fund; use of excess amounts for costs of care, maintenance, and housing of prisoners
Status: in_force

Sec. 16. (a) If the county legislative body adopts an ordinance electing to implement section 15 of this chapter, the county legislative body shall establish a nonreverting county prisoner reimbursement fund.

(b) All amounts collected under section 15 of this chapter must be deposited in the county prisoner reimbursement fund.

(c) Any amount earned from the investment of amounts in the fund becomes part of the fund.

(d) Notwithstanding any other law, upon appropriation by the county fiscal body, amounts in the fund may be used by the county only for the operation, construction, repair, remodeling, enlarging, and equipment of:

(1) a county jail; or

(2) a juvenile detention center to be operated under IC 31-31-8 or IC 31-31-9.

(e) For a county that has a balance in the fund that exceeds the amount needed for the purposes set forth in subsection (d), the fund may be used by the county for the costs of care, maintenance, and housing of prisoners, including the cost of housing prisoners in the facilities of another county.

As added by P.L.123-1998, SEC.3. Amended by P.L.180-2016, SEC.22.
Ind. Code § 36-6-8-10 — Indiana Code / Title 36 / Article 6 / Chapter 8 / Section 36-6-8-10
Assessor; appropriations to pay salaries and per diems; preparation of budget estimates
Status: in_force

Sec. 10. (a) The county fiscal body shall, in the manner prescribed by IC 36-2-5 or IC 36-2-6, fix and appropriate money to pay the per diem established under section 5 of this chapter and the salaries and per diems of the county's township assessors and any deputies or other employees that assist the elected township assessor.

(b) Each township assessor shall file the budget estimate required by IC 36-2-5-5 or IC 36-3-6-4. The budget estimate filed under this subsection must include all estimated expenses of the office, including costs incurred through litigation for the office.

(c) If the township executive is performing the duties of assessor, the county fiscal body shall appropriate money for the purposes of subsection (a) and other expenses of acting as assessor, including all costs incurred through litigation for the office. However, it may not provide a salary that is below the amount fixed for that salary for the year 1984.

[Pre-Local Government Recodification Citations: 17-4-1-14 part; 17-4-27.6-2 part; 17-4-27.7-8 part; 17-4-27.8-7 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1981, P.L.46, SEC.4; P.L.196-1984, SEC.4; P.L.17-1985, SEC.25; P.L.219-1986, SEC.1; P.L.222-1997, SEC.3.
Ind. Code § 36-8-4-2 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-2
Member residency
Status: in_force

Sec. 2. Members of the police and fire departments are not subject to residency requirements but must:

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

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

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

As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981, P.L.44, SEC.56; P.L.198-1984, SEC.1; P.L.266-1993, SEC.1; P.L.164-1995, SEC.21; P.L.235-1996, SEC.1; P.L.230-1997, SEC.1; P.L.65-2008, SEC.1; P.L.171-2019, SEC.12; P.L.28-2021, SEC.1; P.L.122-2023, SEC.23.
Ind. Code § 36-1-12-17 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-17
Road or street work contracts; timely payment of claims; final payment; interest for late payment
Status: in_force

Sec. 17. (a) A contract for road or street work must contain a provision for the timely payment of claims made by the contractor.

(b) Each contract must provide for final payment within one hundred twenty (120) days after final acceptance and completion of the contract. Final payment may not be made on any amount that is in dispute, but final payment may be made on that part of a contract or those amounts that are not in dispute.

(c) For each day after one hundred twenty (120) days, the board shall pay to the contractor interest for late payment of money due to the contractor. However, interest may not be paid for those days that the delay in payment is not directly attributable to the board. The annual percentage rate of interest that the board shall pay on the unpaid balance is twelve percent (12%).

As added by P.L.340-1983, SEC.1.
Ind. Code § 36-5-4-10 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-10
Delivery of records and property by town officer to successor
Status: in_force

Sec. 10. Each town officer shall deliver town records and property in the town officer's custody to the town officer's successor in office when that successor qualifies.

[Pre-Local Government Recodification Citation: 18-3-1-29.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.146.
Ind. Code § 36-10-9.1-6 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-6
Creation of authority
Status: in_force

Sec. 6. A ________ County Convention and Recreational Facilities Authority (the blank to be filled in with the name of the county) is created in the county as a separate body corporate and politic as an instrumentality of the county to finance facilities for lease to the capital improvement board.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-1-10-12 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-12
Lease in anticipation of acquisition or construction of structure, system, or transportation project
Status: in_force

Sec. 12. (a) The leasing agent may, in anticipation of the acquisition of a site on which a structure is to be constructed, acquired, improved, remodeled, or expanded, enter into a contract to lease a structure from the lessor before the actual acquisition of the site and the construction, acquisition, improvement, remodeling, or expansion of the structure. The lease may not provide for payment of any rental by the leasing agent if a new structure is to be constructed until it is complete and ready for occupancy. However, the lease may provide for payment of lease rental for any part of the structure to be used by the political subdivision or its agency for any period during improvement, remodeling, or expansion of the structure.

(b) A leasing agent may, in anticipation of the acquisition of a system, enter into a lease with the lessor before the completion of the acquisition. A leasing agent may, in anticipation of the acquisition or construction of a transportation project, enter into a lease with the lessor before the completion of construction or acquisition. Such a lease must require the payment of lease rental by the lessee or lessees to begin when acquisition of the system, or a discrete, functional part of the system, or acquisition or construction of the transportation project, has been completed and is ready for use, but not before that time. An opinion or report of an independent expert that the system, or a discrete, functional part of the system, or a transportation project is complete and ready for use is conclusive and binding on all parties and on all taxpayers of an eligible entity.

(c) The lease may provide that the leasing agent shall pay all taxes and assessments, maintain insurance for the benefit of the lessor, and assume all responsibilities for repair and alterations during the term of the lease.

(d) The leasing agent may require the lessor, as a condition of entering into a lease, to furnish a bond guaranteeing the lease in an amount specified by the leasing agent.

[Pre-Local Government Recodification Citations: 18-5-3.3-5; 18-5-3.3-6.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.74-1987, SEC.19; P.L.37-1988, SEC.15; P.L.188-1988, SEC.3; P.L.343-1989(ss), SEC.18.
Ind. Code § 36-9-22.5-8 — Indiana Code / Title 36 / Article 9 / Chapter 22.5 / Section 36-9-22.5-8
No effect on rights of utility
Status: in_force

Sec. 8. This chapter does not affect the rights of any water utility or wastewater utility with respect to the service area or territory of the water utility or wastewater utility, as those rights may be established or limited by law.

As added by P.L.150-2019, SEC.2.
Ind. Code § 36-8-7.5-14.1 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-14.1
Members dying in line of duty after August 31, 1982
Status: in_force

Sec. 14.1. (a) This section applies to an active member who dies in the line of duty after August 31, 1982.

(b) If a member dies in the line of duty after August 31, 1982, the surviving spouse is entitled to a monthly benefit, during the spouse's lifetime, equal to the benefit to which the member would have been entitled on the date of the member's death, but not less than fifty percent (50%) of the monthly wage received by a first class patrolman. If the spouse remarried before September 1, 1983, benefits ceased on the date of remarriage. However, if a member of the police department dies in the line of duty after August 31, 1982, and the member's surviving spouse remarried before September 1, 1983, the benefits for the surviving spouse shall be reinstated on July 1, 1995, and continue during the life of the surviving spouse.

(c) The 1953 fund shall also be used to pay an annuity equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed as provided in section 12(b) of this chapter and payable in monthly installments, to each dependent child of a member of the fund who dies from any cause while in the actual discharge of duties as a police officer. The pension to each child continues:

(1) until the child becomes eighteen (18) years of age;

(2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or

(3) during the entire period of the child's physical or mental disability;

whichever period is longest. However, the pension to the child ceases if the child marries or is legally adopted by any person.

(d) The surviving children of the deceased member who are eligible to receive a benefit under subsection (c) may receive an additional benefit in an amount fixed by ordinance, but the total benefit to all the member's children under this subsection may not exceed a total of thirty percent (30%) of the monthly wage received by a first class patrolman. However, this limitation does not apply to the children of a member who have a physical or mental disability.

(e) If a deceased member leaves no surviving spouse and no child who qualifies for a benefit under subsection (c) but does leave a dependent parent or parents, the 1953 fund shall be used to pay an annuity not greater than a sum equal to twenty percent (20%) of the salary of a first class patrolman on the police department, computed and payable as provided in section 12(b) of this chapter, payable monthly to the dependent parent or parents of a member of the police department who dies from any cause while in the actual discharge of duties as a police officer. The annuity continues for the remainder of the life or lives of the parent or parents as long as either or both fail to have sufficient other income for their proper care, maintenance, and support.

(f) In all cases of payment to a dependent relative of a deceased member, the local board is the final judge of the question of necessity and dependency and of the amount within the stated limits to be paid. The local board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the 1953 fund or other circumstances make this action necessary.

(g) If the salary of a first class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(h) For purposes of this section, "dies in the line of duty" means death that occurs as a direct result of personal injury or illness caused by incident, accident, or violence that results from any action that the member, in the member's capacity as a police officer:

(1) is obligated or authorized by rule, regulation, condition of employment or service, or law to perform; or

(2) performs in the course of controlling or reducing crime or enforcing the criminal law.

The term includes a death presumed incurred in the line of duty under IC 5-10-13.

(i) The unit of local government that employed the deceased member shall after December 31, 2003, offer to provide and pay for health insurance coverage for the member's surviving spouse and for each natural child, stepchild, or adopted child of the member:

(1) until the child becomes eighteen (18) years of age;

(2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or

(3) during the entire period of the child's physical or mental disability;

whichever period is longest. If health insurance coverage is offered by the unit to active members, the health insurance provided to a surviving spouse and child under this subsection must be equal in coverage to that offered to active members. The offer to provide and pay for health insurance coverage shall remain open for as long as there is a surviving spouse or as long as a natural child, stepchild, or adopted child of the member is eligible for coverage under subdivision (1), (2), or (3).

As added by Acts 1982, P.L.214, SEC.2. Amended by P.L.364-1983, SEC.6; P.L.200-1984, SEC.5; P.L.196-1988, SEC.3; P.L.1-1989, SEC.72; P.L.52-1993, SEC.5; P.L.325-1995, SEC.2; P.L.2-1996, SEC.292; P.L.118-2000, SEC.22; P.L.1-2001, SEC.46; P.L.62-2002, SEC.3; P.L.185-2002, SEC.10; P.L.86-2003, SEC.7; P.L.99-2007, SEC.218.
Ind. Code § 36-1-2-11 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-11
"Municipality"
Status: in_force

Sec. 11. "Municipality" means city or town.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-4-1301 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1301
"Community level of service" defined
Status: in_force

Sec. 1301. As used in this series, "community level of service" means a quantitative measure of the service provided by the infrastructure that is determined by a unit to be appropriate.

As added by P.L.221-1991, SEC.2.
Ind. Code § 36-1-6-1 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipal corporations having the power to adopt ordinances.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-9-31-12 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-12
Refunding bonds
Status: in_force

Sec. 12. If the legislative body finds that a refunding of outstanding bonds would be of benefit to the health and welfare of the consolidated city and would comply with the purposes and provisions of this chapter, it may authorize the issuance of bonds under IC 5-1-5 to refund outstanding bonds issued in accordance with this chapter. A saving to the issuing body as provided in IC 5-1-5-2 is not required for the issuance of refunding bonds.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-4-9-8 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-8
Third class cities; appointment of officers, employees, boards, and commissions; notice of change in membership of public works and safety board
Status: in_force

Sec. 8. (a) This section applies only to third class cities.

(b) The city executive shall appoint:

(1) a city civil engineer;

(2) a city attorney;

(3) a chief of the fire department;

(4) a chief of the police department; and

(5) other officers, employees, boards, and commissions required by statute.

(c) The board of public works and safety consists of three (3) or five (5) members (as determined by the city executive). The members of the board of public works and safety are:

(1) the city executive; and

(2) two (2) or four (4) persons appointed by the executive.

An individual who is appointed a member of the board serves at the pleasure of the executive as long as the executive who appointed the member continues to hold the office of executive. If the executive increases the number of board members from three (3) to five (5) members or decreases the number of board members from five (5) to three (3) members, the city shall publish notice under IC 5-3-1 of the increase or decrease in members and state the total number of members appointed to the board. IC 36-4-4-2 notwithstanding, a member may hold other appointive or elective positions in city government during the member's tenure. IC 36-4-11-2 applies to board member appointments under this section. The city clerk is the clerk of the board.

(d) If the city legislative body adopts an ordinance under IC 36-4-12 to employ a city manager, the executive may appoint the city manager to a position on the board of public works and safety in place of the executive.

(e) The city executive may appoint a public safety director to:

(1) serve as the chief administrative officer of; and

(2) oversee the operations of;

the police department and fire department. The city executive shall determine the qualifications of the public safety director.

[Pre-Local Government Recodification Citations: 18-1-6-14 part; 18-2-1-4.4 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.48; P.L.350-1983, SEC.1; P.L.68-1996, SEC.6; P.L.10-1997, SEC.31; P.L.141-2009, SEC.11; P.L.33-2010, SEC.1; P.L.40-2026, SEC.15.
Ind. Code § 36-7-11.2-53 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-53
Prohibited results of variance or ordinance
Status: in_force

Sec. 53. The conclusions required by sections 51 and 52 of this chapter are that the requested variance, the proposed new zoning ordinance, or the amendment to an existing zoning ordinance will not do any of the following:

(1) Tend to undermine or detract from the general residential character of the following:

(A) Meridian Street.

(B) Meridian Street property.

(C) Bordering property lying between Meridian Street property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(2) Affect in an adverse manner the value for single family residential usage of the following:

(A) Meridian Street property.

(B) Bordering property lying between Meridian Street property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(3) Alter or adversely affect, either in inherent nature or method of implementation, the historic or architectural character or style of the area comprised of:

(A) Meridian Street and bordering property; or

(B) the part of the area comprised of the property lying within five hundred (500) feet of the subject property.

(4) If the request is a zoning variance, violate a rule or regulation that the commission has adopted to accomplish the purposes of this chapter.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-9-9-4.1 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-4.1
Hearing on remonstrance; rescission or modification of resolution and plans
Status: in_force

Sec. 4.1. At the time specified in the notice under section 3 of this chapter, the municipal works board shall conduct a hearing of any remonstrance on file. If, at the hearing, the works board finds that:

(1) the lighting system will not be of public benefit; or

(2) the annual benefits from the lighting system that will accrue to the property liable to be assessed will not equal or exceed the estimated annual cost of the improvement, after deducting the amount of the annual cost to be paid by the municipality;

the works board shall rescind the declaratory resolution for the lighting system and dismiss the petition, or modify the resolution, petition, drawings, plans, specifications, and estimated cost so that the lighting system will be of public benefit and the annual benefits that will accrue to the property liable to be assessed for the lighting system will equal or exceed its estimated annual cost, after deducting the amount of the annual cost to be paid by the municipality. However, the number of lumens per post and the number of posts designated in the petition may not be changed without the written consent of the petitioners.

As added by Acts 1982, P.L.6, SEC.26.
Ind. Code § 36-7-13-12.5 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-12.5
Petition for modification of district boundaries; budget committee and budget agency findings; certification of boundaries
Status: in_force

Sec. 12.5. (a) An advisory commission on industrial development that designates a district under section 12 or 12.1 of this chapter or the legislative body of a county or municipality that adopts an ordinance designating a district under section 10.5 of this chapter may petition for permission to modify the boundaries of the district. The petition must be submitted to the budget committee for review and recommendation to the budget agency.

(b) When considering a petition submitted under subsection (a), the budget committee and the budget agency must make the following findings:

(1) The area to be added to the district, if any, meets the conditions necessary for designation as a district under section 10.5, 12, or 12.1 of this chapter.

(2) The proposed modification of the district will benefit the people of Indiana by protecting or increasing state and local tax bases and tax revenues for at least the duration of the district.

(c) Upon approving a petition submitted under subsection (a), the budget agency shall certify the district's modified boundaries to the department of state revenue.

As added by P.L.81-2004, SEC.36 and P.L.90-2004, SEC.9.
Ind. Code § 36-7-18-17 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-17
Contracts relating to housing projects
Status: in_force

Sec. 17. A housing authority may contract with a person or a public or private agency for:

(1) services;

(2) privileges;

(3) works; or

(4) facilities;

related to a housing project or its occupants. Notwithstanding any other law, a contract let under this section may require the contractor and any subcontractors to comply with requirements as to minimum wages and maximum hours of labor, and with any conditions that the federal government attaches to its financial aid of the project.

[Pre-Local Government Recodification Citation: 18-7-11-8(c).]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-6-1-9 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-9
Annexed territory; liability for existing indebtedness
Status: in_force

Sec. 9. Territory annexed to a township may not be taxed for payment of township indebtedness existing at the time of the annexation.

[Pre-Local Government Recodification Citation: 17-4-5-3.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-12-3-5 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-5
Real or personal property; acquisition; disposal
Status: in_force

Sec. 5. (a) The library board may:

(1) acquire real or personal property by purchase, devise, lease, condemnation, or otherwise; and

(2) own any real or personal property for purposes of the public library.

(b) The library board may:

(1) sell;

(2) exchange; or

(3) otherwise dispose of;

real and personal property no longer needed for library purposes in accordance with IC 36-1-11 and IC 5-22.

(c) The library board may transfer personal property no longer needed for library purposes for no compensation or a nominal fee to an Indiana nonprofit library organization that is:

(1) tax exempt; and

(2) organized and operated for the exclusive benefit of the library disposing of the property;

without complying with IC 36-1-11 or IC 5-22.

(d) The library board may:

(1) accept gifts of real or personal property; and

(2) hold, mortgage, lease, or sell the property as directed by the terms of the grant, gift, bequest, or devise;

when the action is in the interest of the public library.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-4.]

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.23.
Ind. Code § 36-9-1-8 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-8
"Sewage works"
Status: in_force

Sec. 8. "Sewage works" means:

(1) sewage treatment plants;

(2) intercepting sewers;

(3) main sewers;

(4) submain sewers;

(5) local sewers;

(6) lateral sewers;

(7) outfall sewers;

(8) storm sewers;

(9) force mains;

(10) pumping stations;

(11) ejector stations;

(12) any other structures necessary or useful for the collection, treatment, purification, and sanitary disposal of the liquid waste, solid waste, sewage, storm drainage, and other drainage of a municipality; and

(13) for purposes of IC 36-9-25, overhead plumbing or backflow prevention devices that are financed in whole or in part through assistance provided under IC 36-9-25-42.

[Pre-Local Government Recodification Citations: 19-2-4-1; 19-2-5-1 part; 19-2-7-2 part; 19-2-20-2 part.]

As added by Acts 1981, P.L.309, SEC.74. Amended by Acts 1982, P.L.77, SEC.25; P.L.168-2009, SEC.9.
Ind. Code § 36-12-11-15 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-15
Director; duties and powers; complaints
Status: in_force

Sec. 15. The director has the following duties and powers:

(1) The director may investigate any written complaint against a practitioner. The director shall limit the investigation to aspects of the practitioner's activities that appear to violate this chapter or rules adopted under this chapter.

(2) The director shall notify the practitioner of the:

(A) nature and ramifications of the complaint; and

(B) duty of the director to investigate and attempt to resolve the complaint through negotiation.

(3) The director may:

(A) subpoena witnesses; or

(B) send for and compel the production of books, records, papers, and documents;

in relation to an investigation under this chapter. The circuit or superior court located in the county where a subpoena is to be issued shall enforce the subpoena.

(4) If, after investigating, the director determines the complaint has merit, the director shall notify the complainant, practitioner, and the board. The director has forty-five (45) days to attempt to resolve the complaint through negotiation.

(5) If, after investigating, the director determines the complaint has no merit, the director shall notify the complainant, practitioner, and the board that the complaint has been dismissed.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-15.]

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.37.
Ind. Code § 36-7-5.2-3 — Indiana Code / Title 36 / Article 7 / Chapter 5.2 / Section 36-7-5.2-3
Historic district
Status: in_force

Sec. 3. This chapter does not prohibit a municipality or county from taking action to protect or preserve a historic, a historical, or an architectural district that is established by the municipality or county or under state or federal law.

As added by P.L.109-2003, SEC.1.
Ind. Code § 36-7-39-9 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-9
Commission meetings
Status: in_force

Sec. 9. (a) The commission:

(1) shall fix the time for regular meetings; and

(2) may hold special meetings at the call of the chairperson with seven (7) days written notice.

(b) A member may waive written notice of a specific meeting by filing a written notice with the commission.

(c) Written notice is considered to have been given under this section when the written notice is:

(1) placed in the United States mail, first class postage prepaid; and

(2) sent to the business address of the members of the commission.

As added by P.L.58-2021, SEC.1.
Ind. Code § 36-7-11.2-47 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-47
Abrogation of agreement
Status: in_force

Sec. 47. (a) A covenant or an agreement made under this chapter may be abrogated by six (6) affirmative votes of the commission upon petition and after notice to all interested parties and a public hearing if the commission determines that the covenant or agreement no longer accomplishes in a substantial manner any of the purposes of this chapter.

(b) A covenant or agreement is considered abrogated upon dissolution of the commission under section 66 of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(f).]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-11.2-49 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-49
Fees
Status: in_force

Sec. 49. (a) The commission shall, by rule adopted under section 27 of this chapter, set fees to be paid by a person filing a petition with the commission. If the commission has not set a fee by rule for a type of petition, the fee is twenty-five dollars ($25).

(b) A person filing a petition with the commission shall pay the fee required for the filing to the department of metropolitan development. The department shall pay the fee to the treasurer of the commission.

(c) The department of metropolitan development has no duty regarding the fees collected under this section except those imposed under subsection (b). Fees collected under this section:

(1) do not belong to the consolidated city created under IC 36-3; and

(2) are not subject to any of the following:

(A) IC 5-11-10.

(B) IC 36-2-6.

(C) IC 36-3.

(D) IC 36-4-8.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-12.1.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-35-2 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-2
"Maintenance activity" defined
Status: in_force

Sec. 2. As used in this chapter, "maintenance activity" means the remodeling, repair, or improvement of property as defined by a municipality in a PMA ordinance adopted under section 9 of this chapter.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-12-4-2 — Indiana Code / Title 36 / Article 12 / Chapter 4 / Section 36-12-4-2
Authorization to merge; resolution
Status: in_force

Sec. 2. (a) A public library may merge with any other public library.

(b) The merger of at least two (2) public libraries must be initiated by a majority of the entire membership of each library board signing a resolution initiating the planning of a merger.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-4-2.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-32-11.5 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-11.5
Submission of proposed designations to the budget committee and the budget agency
Status: in_force

Sec. 11.5. (a) If the office desires to designate a certified technology park under this chapter, the office shall submit its proposed designation to the budget committee for review and recommendation to the budget agency. The budget committee shall meet not later than sixty (60) days after receipt of the proposed designation and shall make a recommendation on the designation to the budget agency.

(b) When considering the proposed designation of a certified technology park by the office under this section, the budget committee and the budget agency must make the following findings before approving the designation:

(1) The area to be designated as a certified technology park meets the conditions necessary for the designation as a certified technology park.

(2) The designation of the certified technology park will benefit the people of Indiana by protecting or increasing state and local tax bases and tax revenues for at least the duration of the certified technology park.

(c) The income tax incremental amount and the gross retail incremental amount may not be allocated to the certified technology park until the designation of the certified technology park is approved under this section.

As added by P.L.293-2013(ts), SEC.45. Amended by P.L.145-2025, SEC.11.
Ind. Code § 36-1-17-4 — Indiana Code / Title 36 / Article 1 / Chapter 17 / Section 36-1-17-4
Application for legal expenses; hearing; questions and information regarding reimbursement
Status: in_force

Sec. 4. The fiscal body of a unit or municipal corporation may:

(1) act on an application under section 3 of this chapter without a hearing; and

(2) require an officer or employee seeking reimbursement under this chapter to:

(A) answer questions under oath; or

(B) provide information or documents concerning the case or investigation for which the officer or employee is seeking reimbursement.

As added by P.L.128-2005, SEC.1.
Ind. Code § 36-9-7-4 — Indiana Code / Title 36 / Article 9 / Chapter 7 / Section 36-9-7-4
Authority and responsibility of traffic engineer
Status: in_force

Sec. 4. (a) The traffic engineer is responsible only to the city executive or safety board, and the traffic engineer may act only in an advisory capacity to the executive or board.

(b) The traffic engineer has full authority over all the traffic engineer's subordinates.

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

As added by Acts 1981, P.L.309, SEC.80. Amended by P.L.127-2017, SEC.289.
Ind. Code § 36-8-8.5-10 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-10
DROP election requirements
Status: in_force

Sec. 10. A member who elects to enter the DROP shall do the following:

(1) Agree to the following:

(A) The member shall execute an irrevocable election to retire on the DROP retirement date and shall remain in active service until that date.

(B) While in the DROP, the member shall continue to make contributions to the applicable fund under the provisions of that fund.

(C) The member shall elect a DROP retirement date not less than twelve (12) months and not more than:

(i) thirty-six (36) months after the member's DROP entry date, for a member who executes an election described in clause (A) before July 1, 2024; or

(ii) sixty (60) months after the member's DROP entry date, for a member who executes an election described in clause (A) after June 30, 2024.

(D) The member may not remain in the DROP after the date the member reaches any mandatory retirement age that may apply to the member.

(E) The member may make an election to enter the DROP only once in the member's lifetime.

(2) Notify the member's employer of the DROP election within thirty (30) days of the election.

As added by P.L.62-2002, SEC.5. Amended by P.L.129-2024, SEC.10; P.L.136-2024, SEC.56.
Ind. Code § 36-8-19-8.5 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-8.5-b
Equipment replacement fund; property tax levy; maximum property tax rate
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. 8.5. (a) Participating units may agree to establish an equipment replacement fund under this section to be used to purchase fire protection equipment, including housing, that will be used to serve the entire territory. To establish the fund, the legislative bodies of each participating unit must adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township or fire protection district), and the following requirements must be met:

(1) The ordinance or resolution is identical to the ordinances and resolutions adopted by the other participating units under this section.

(2) Before adopting the ordinance or resolution, each participating unit must comply with the notice and hearing requirements of IC 6-1.1-41-3.

(3) The ordinance or resolution authorizes the provider unit to establish the fund.

(4) The ordinance or resolution includes at least the following:

(A) The name of each participating unit and the provider unit.

(B) An agreement to impose a uniform tax rate upon all of the taxable property within the territory for the equipment replacement fund.

(C) The contents of the agreement to establish the fund.

An ordinance or a resolution adopted under this section takes effect as provided in IC 6-1.1-41.

(b) If a fund is established, the participating units may agree to:

(1) impose a property tax to provide for the accumulation of money in the fund to purchase fire protection equipment;

(2) incur debt to purchase fire protection equipment and impose a property tax to retire the loan; or

(3) transfer an amount from the fire protection territory fund to the fire equipment replacement fund not to exceed five percent (5%) of the levy for the fire protection territory fund for that year;

or any combination of these options.

(c) The property tax rate for the levy imposed under this section is considered part of the maximum permissible ad valorem property tax levy and may not exceed three and thirty-three hundredths cents ($0.0333) per one hundred dollars ($100) of assessed value. Before debt may be incurred, the fiscal body of a participating unit must adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township or fire protection district) that specifies the amount and purpose of the debt. The ordinance or resolution must be identical to the other ordinances and resolutions adopted by the participating units. Except as provided in subsection (d), if debt is to be incurred for the purposes of a fund, the provider unit shall negotiate for and hold the debt on behalf of the territory. However, the participating units and the provider unit of the territory are jointly liable for any debt incurred by the provider unit for the purposes of the fund. The most recent adjusted value of taxable property for the entire territory must be used to determine the debt limit under IC 36-1-15-6. A provider unit shall comply with all general statutes and rules relating to the incurrence of debt under this subsection.

(d) A participating unit of a territory may, to the extent allowed by law, incur debt in the participating unit's own name to acquire fire protection equipment or other property that is to be owned by the participating unit. A participating unit that acquires fire protection equipment or other property under this subsection may afterward enter into an interlocal agreement under IC 36-1-7 with the provider unit to furnish the fire protection equipment or other property to the provider unit for the provider unit's use or benefit in accomplishing the purposes of the territory. A participating unit shall comply with all general statutes and rules relating to the incurrence of debt under this subsection.

(e) Money in the fund may be used by the provider unit only for those purposes set forth in the agreement among the participating units that permits the establishment of the fund.

(f) The requirements and procedures specified in IC 6-1.1-41 concerning the establishment or reestablishment of a cumulative fund, the imposing of a property tax for a cumulative fund, and the increasing of a property tax rate for a cumulative fund apply to:

(1) the establishment or reestablishment of a fund under this section;

(2) the imposing of a property tax for a fund under this section; and

(3) the increasing of a property tax rate for a fund under this section.

(g) Notwithstanding IC 6-1.1-18-12, if a fund established under this section is reestablished in the manner provided in IC 6-1.1-41, the property tax rate imposed for the fund in the first year after the fund is reestablished may not exceed three and thirty-three hundredths cents ($0.0333) per one hundred dollars ($100) of assessed value.

As added by P.L.326-1995, SEC.3. Amended by P.L.36-2000, SEC.10; P.L.90-2002, SEC.500; P.L.256-2003, SEC.39; P.L.47-2007, SEC.4; P.L.255-2013, SEC.16; P.L.203-2016, SEC.25; P.L.255-2017, SEC.47; P.L.157-2026, SEC.278.
Ind. Code § 36-8-8.5-11 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-11
Employer contributions
Status: in_force

Sec. 11. The employer of a 1977 fund member who elects to enter the DROP shall continue to make the employer contributions to the 1977 fund on behalf of that member under the provisions of the 1977 fund.

As added by P.L.62-2002, SEC.5.
Ind. Code § 36-9-37-11 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-11
Assessment installments; interest
Status: in_force

Sec. 11. If a municipal works board orders any of the following improvements and assessments are imposed after June 30, 2001, to pay for the improvements or to repay bonds issued under this chapter after June 30, 2001, each owner of property assessed for that improvement may elect to pay the owner's assessment in installments with interest as described in section 8.5(a) of this chapter:

(1) Streets.

(2) Alleys.

(3) Other paved public places.

(4) Lighting.

(5) For municipalities that own and operate a water utility, water main extensions from the water utility.

(6) Sanitary sewers.

(7) Emergency warning systems.

As added by P.L.98-1993, SEC.8. Amended by P.L.62-2001, SEC.5; P.L.45-2004, SEC.1; P.L.42-2006, SEC.2.
Ind. Code § 36-9-25-29 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-29
Construction of sewage works; payment of bonds; tax levy; use of revenues in lieu of levy
Status: in_force

Sec. 29. (a) In order to raise money to pay all bonds issued under section 27 of this chapter, including interest, and except as set forth in subsection (c), the board shall levy each year a special tax upon all the property of the district, to meet and pay the principal of the bonds as they mature, together with all accrued interest. The board shall have the tax levied each year certified to the municipal fiscal officer and to the auditor of the county in which the district is located by October 1. The tax as levied and certified shall be estimated and entered upon the tax duplicate by the county auditor. The tax shall be collected and enforced by the county treasurer in the same manner as state and county taxes are estimated, entered, collected, and enforced.

(b) As the tax is collected by the county treasurer, it shall be accumulated and kept in a separate fund to be known as the sanitary district bond fund. It shall be applied to the payment of the bonds and interest as they mature and not to another purpose. All accumulations of the fund before their use for the payment of the bonds and interest shall be deposited with the depository or depositories of other public funds in the municipality. The fund may also be invested as other funds are invested. In determining the amount of levy necessary for this section, the board shall consider the amount of revenue, if any, to be derived from the collection of fees for sewage treatment service above the amount of revenues necessary to be applied to the operation, maintenance, and administrative expenses of the district.

(c) In lieu of making a levy under this section, or to reduce the amount of the levy, the board may set aside, by resolution, the revenues of the district to be collected before the maturity of the principal and interest of the bonds payable in the following calendar year. If the board adopts the resolution, then the board may not use any part of the amount set aside out of the revenues for any purpose other than the payment of the bonds and interest. A proportionate payment of the amount shall be made to the bond fund monthly.

[Pre-Local Government Recodification Citation: 19-2-14-21.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.80-1997, SEC.21.
Ind. Code § 36-7-30-1 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-1
Applicability of chapter; definitions
Status: in_force

Sec. 1. (a) This chapter applies to all units in which all or a part of a military base is located.

(b) As used in sections 18 and 24 of this chapter, "bonds" means bonds, notes, evidences of indebtedness, or other obligations issued by the reuse authority in the name of the unit.

(c) As used in this chapter, "military base" means a United States government military base or other military installation that is scheduled for closing or is completely or partially inactive or closed.

(d) As used in this chapter, "military base property" means real and personal property that is currently or was formerly part of a military base and is subject to reuse.

(e) As used in this chapter, "municipal utility" means a utility that is owned by a municipality and provides at least one (1) of the following:

(1) Water services.

(2) Sewer services.

(3) Electric services.

(4) Stormwater services.

(f) As used in this chapter, "reuse authority" means a military base reuse authority established under section 3 of this chapter.

As added by P.L.26-1995, SEC.14. Amended by P.L.228-1997, SEC.1.
Ind. Code § 36-7-11-1.5 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-1.5
"Commission" defined
Status: in_force

Sec. 1.5. As used in this chapter, "commission" refers to a historic preservation commission established through the adoption of an ordinance under section 4 of this chapter.

As added by P.L.227-1997, SEC.1.
Ind. Code § 36-10-10-17 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-17
Lease; approval of plans, specifications, and estimates
Status: in_force

Sec. 17. Before the execution of a lease, the authority proposing to build a convention center for lease to a city shall submit to and receive approval by the city executive and city legislative body of the plans, specifications, and estimates of cost for the convention center. The plans and specifications shall be submitted to and approved by the Indiana department of health, the department of homeland security, and other state agencies that are designated by statute to pass on plans and specifications for public buildings.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.8-1984, SEC.129; P.L.2-1992, SEC.896; P.L.1-2006, SEC.586; P.L.56-2023, SEC.340.
Ind. Code § 36-7-7.6-15 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-15
Petition not to implement program
Status: in_force

Sec. 15. If the commission receives a petition that:

(1) is signed by a majority of the commission members representing a county affected by a particular program; and

(2) objects to the establishment of the program within that county;

the commission may not implement the program in that county.

As added by P.L.165-2003, SEC.6.
Ind. Code § 36-10-9.5-21 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-21
Defense and indemnity of officers and employees in legal actions
Status: in_force

Sec. 21. A board established under this chapter may defend any current or former member of the board or its officers, employees, or agents in a claim or suit, at law or in equity, that arises from the exercise of powers or the performance of duties or services for the board or that arises from official acts as a member of the board. The board may indemnify a person for any liability, cost, or damages related to a claim or suit, including the payment of legal fees. Before taking action authorized by this section, the board must, by resolution, determine that the action or conduct in question was taken, done, or omitted in good faith.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-7-23-6 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-6
Repealed
Status: repealed

As added by P.L.346-1989(ss), SEC.7. Repealed by P.L.11-1993, SEC.8.
Ind. Code § 36-7-4-1334 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1334
Ordinance; appeal provision for amount of fees
Status: in_force

Sec. 1334. An impact fee ordinance must set forth the reasons for which an appeal of the amount of an impact fee may be made. The impact fee ordinance must provide that an appeal of the amount of an impact fee may be made for the following reasons:

(1) A fact assumption used in determining the amount of an impact fee is incorrect.

(2) The amount of the impact fee is greater than the amount allowed under sections 1320, 1321, and 1322 of this chapter.

As added by P.L.221-1991, SEC.35.
Ind. Code § 36-2-14-18 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-18
Public inspection and copying of information; investigatory records; copies of autopsy; availability of report
Status: in_force

Sec. 18. (a) Notwithstanding IC 5-14-3-4(b)(1), when a coroner investigates a death, the office of the coroner is required to make available for public inspection and copying the following:

(1) The name, age, address, sex, and race of the deceased.

(2) The address where the dead body was found, or if there is no address the location where the dead body was found and, if different, the address where the death occurred, or if there is no address the location where the death occurred.

(3) The name of the agency to which the death was reported and the name of the person reporting the death.

(4) The name of any public official or governmental employee present at the scene of the death and the name of the person certifying or pronouncing the death.

(5) Information regarding an autopsy (requested or performed) limited to the date, the person who performed the autopsy, where the autopsy was performed, and a conclusion as to:

(A) the probable cause of death;

(B) the probable manner of death; and

(C) the probable mechanism of death.

(6) The location to which the body was removed, the person determining the location to which the body was removed, and the authority under which the decision to remove the body was made.

(7) The records required to be filed by a coroner under section 6 of this chapter and the verdict and the written report required under section 10 of this chapter.

(b) A county coroner or a coroner's deputy who receives an investigatory record from a law enforcement agency shall treat the investigatory record with the same confidentiality as the law enforcement agency would treat the investigatory record.

(c) Notwithstanding any other provision of this section, a coroner shall make available a full copy of an autopsy report, other than a photograph, a video recording, or an audio recording of the autopsy, upon the written request of a parent of the decedent, an adult child of the decedent, a next of kin of the decedent, or an insurance company investigating a claim arising from the death of the individual upon whom the autopsy was performed. A parent of the decedent, an adult child of the decedent, a next of kin of the decedent, and an insurance company are prohibited from publicly disclosing any information contained in the report beyond that information that may otherwise be disclosed by a coroner under this section. This prohibition does not apply to information disclosed in communications in conjunction with the investigation, settlement, or payment of the claim.

(d) Notwithstanding any other provision of this section, a coroner shall make available a full copy of an autopsy report, other than a photograph, a video recording, or an audio recording of the autopsy, upon the written request of:

(1) the director of the division of disability, aging, and rehabilitative services established by IC 12-9-1-1; or

(2) the director of the division of mental health and addiction established by IC 12-21-1-1;

in connection with a division's review of the circumstances surrounding the death of an individual who received services from a division or through a division at the time of the individual's death.

(e) Notwithstanding any other provision of this section, a coroner shall make available, upon written request, a full copy of an autopsy report, including a photograph, a video recording, or an audio recording of the autopsy, to:

(1) the department of child services established by IC 31-25-1-1, including an office of the department located in the county where the death occurred;

(2) the statewide child fatality review committee established by IC 16-49-4; or

(3) a county child fatality review team or regional child fatality review team established under IC 16-49-2 for the area where the death occurred;

for purposes of an entity described in subdivisions (1) through (3) conducting a review or an investigation of the circumstances surrounding the death of a child (as defined in IC 16-49-1-2) and making a determination as to whether the death of the child was a result of abuse, abandonment, or neglect. An autopsy report made available under this subsection is confidential and shall not be disclosed to another individual or agency, unless otherwise authorized or required by law.

(f) Notwithstanding any other provision of this section, a coroner shall make available, upon written request, a full copy of an autopsy report, including a photograph, a video recording, or an audio recording of the autopsy, to the local fetal-infant mortality review team established under IC 16-49-6 for purposes of the local fetal-infant mortality review team conducting a review or an investigation of the circumstances surrounding a fetal death or an infant death (as defined in IC 16-49-6). An autopsy report made available under this subsection is confidential and shall not be disclosed to another individual or agency, unless otherwise authorized or required by law.

(g) Notwithstanding any other provision of this section, a coroner shall make available, upon written request, a full copy of an autopsy report, including a photograph, a video recording, or an audio recording of the autopsy, to the statewide maternity mortality review committee established under IC 16-50-1.

(h) Notwithstanding any other provision of this section, and except as otherwise provided in this subsection, a coroner may make available, upon written request, a full copy of an autopsy report to the peer review committee (as defined in IC 34-6-2.1-145) of a hospital at which the decedent was treated immediately before death for purposes of the hospital's peer review activities. An autopsy report made available under this subsection:

(1) may not include:

(A) a photograph;

(B) a video recording; or

(C) an audio recording;

of the autopsy; and

(2) is confidential and may not be disclosed to another individual or agency, unless otherwise authorized or required by law.

However, if immediately making available an autopsy report under this subsection will interfere with the coroner's investigation or other legal proceedings related to the decedent's death, the coroner may delay making available the requested autopsy related information until the investigation or other legal proceedings are concluded.

(i) Except as provided in subsection (j), the information required to be available under subsection (a) must be completed not later than fourteen (14) days after the completion of:

(1) the autopsy report; or

(2) if applicable, any other report, including a toxicology report, requested by the coroner as part of the coroner's investigation;

whichever is completed last.

(j) The prosecuting attorney may petition a circuit or superior court for an order prohibiting the coroner from publicly disclosing the information required in subsection (a). The prosecuting attorney shall serve a copy of the petition on the coroner.

(k) Upon receipt of a copy of the petition described in subsection (j), the coroner shall keep the information confidential until the court rules on the petition.

(l) The court shall grant a petition filed under subsection (j) if the prosecuting attorney proves by a preponderance of the evidence that public access or dissemination of the information specified in subsection (a) would create a significant risk of harm to the criminal investigation of the death. The court shall state in the order the reasons for granting or denying the petition. An order issued under this subsection must use the least restrictive means and duration possible when restricting access to the information. Information to which access is restricted under this subsection is confidential.

(m) Any person may petition the court to modify or terminate an order issued under subsection (l). The petition for modification or termination must allege facts demonstrating that:

(1) the public interest will be served by allowing access; and

(2) access to the information specified in subsection (a) would not create a significant risk to the criminal investigation of the death.

The person petitioning the court for modification or termination shall serve a copy of the petition on the prosecuting attorney and the coroner.

(n) Upon receipt of a petition for modification or termination filed under subsection (m), the court may:

(1) summarily grant, modify, or dismiss the petition; or

(2) set the matter for hearing.

If the court sets the matter for hearing, upon the motion of any party or upon the court's own motion, the court may close the hearing to the public.

(o) If the person filing the petition for modification or termination proves by a preponderance of the evidence that:

(1) the public interest will be served by allowing access; and

(2) access to the information specified in subsection (a) would not create a significant risk to the criminal investigation of the death;

the court shall modify or terminate its order restricting access to the information. In ruling on a request under this subsection, the court shall state the court's reasons for granting or denying the request.

As added by P.L.299-1989, SEC.1. Amended by P.L.4-1994, SEC.23; P.L.2-1995, SEC.129; P.L.2-1996, SEC.290; P.L.271-2001, SEC.5; P.L.243-2003, SEC.13; P.L.141-2006, SEC.113; P.L.102-2007, SEC.6; P.L.157-2007, SEC.5; P.L.225-2007, SEC.17; P.L.3-2008, SEC.257; P.L.119-2013, SEC.23; P.L.160-2017, SEC.1; P.L.48-2018, SEC.8; P.L.31-2019, SEC.10; P.L.186-2025, SEC.255; P.L.122-2026, SEC.119.
Ind. Code § 36-7-30.5-32 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-32
Repealed
Status: repealed

As added by P.L.203-2005, SEC.11. Amended by P.L.219-2007, SEC.138. Repealed by P.L.146-2008, SEC.813.
Ind. Code § 36-9-9-2 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-2
"City block" defined
Status: in_force

Sec. 2. As used in this chapter, "city block" means both sides of the part of a public street that lies between two (2) intersecting public streets.

[Pre-Local Government Recodification Citation: 19-5-24-1 part.]

As added by Acts 1981, P.L.309, SEC.82.
Ind. Code § 36-8-7.5-12 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-12
Voluntary retirement pension; emergency services
Status: in_force

Sec. 12. (a) Benefits paid under this section are subject to section 1.5 of this chapter.

(b) The 1953 fund shall be used to provide a member of the police department who retires from active duty after twenty (20) or more years of active duty an annual pension equal to fifty percent (50%) of the salary of a first class patrolman in the police department, plus:

(1) for a member who retires before January 1, 1986, two percent (2%) of the first class patrolman's salary for each year of service; or

(2) for a member who retires after December 31, 1985, one percent (1%) of the first class patrolman's salary for each six (6) months of service;

of the retired member over twenty (20) years. The pension may not exceed in any year an amount greater than seventy-four percent (74%) of the salary of a first class patrolman. The pensions shall be computed on an annual basis but shall be paid in twelve (12) equal monthly installments. If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased.

(c) If a member retires upon the member's voluntary application after twenty (20) years or more of active service, the member then relinquishes all rights to other benefits or pensions for disability during the time of the member's retirement.

(d) After retirement the member is not required to render further services on the police department and is no longer subject to the rules of the police department, unless a national emergency has been declared by the local board, on application by the executive, the safety board, and the police chief of the city. Upon declaration of such an emergency, the retired member, if physically able, shall return to active duty under the rank the member attained at the time of the member's retirement, and if the member refuses to return to active duty upon being declared physically fit, the member forfeits the member's right to receive the member's pension until the time the member returns to active duty and again is retired or discharged from service.

(e) No pension, annuity, or benefit provided by this chapter is payable by the local board except upon written application by the member of the police department, or the surviving spouse or other dependent, upon the forms and with the information required by the local board.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.342-1985, SEC.4; P.L.55-1989, SEC.59; P.L.127-2017, SEC.256.
Ind. Code § 36-7-25-7 — Indiana Code / Title 36 / Article 7 / Chapter 25 / Section 36-7-25-7
Contracts with eligible entities for educational and training programs
Status: in_force

Sec. 7. (a) As used in this section, "eligible entity" means a person whose principal functions include the provision of:

(l) educational programs;

(2) work training programs;

(3) worker retraining programs;

(4) marketing and advertising of land located in an allocation area; or

(5) any other programs;

designed to prepare individuals to participate in the competitive and global economy.

(b) After making the findings set forth in subsection (c), a commission, or two (2) or more commissions acting jointly, may contract with an eligible entity to provide:

(1) educational programs;

(2) work training programs;

(3) worker retraining programs;

(4) marketing and advertising of land located in an allocation area; or

(5) any other programs;

designed to prepare individuals to participate in the competitive and global economy.

(c) Before a commission may contract for a program described in subsection (b), the commission must find that the program will promote the redevelopment and economic development of the unit, is of utility and benefit, and is in the best interests of the unit's residents.

(d) Except as provided in subsection (e), a commission may use any revenues legally available to the commission to fund a program described in subsection (b).

(e) A commission may not spend:

(1) bond proceeds; or

(2) more than fifteen percent (15%) of the allocated tax proceeds it receives on an annual basis;

to fund a program described in subsection (b). However, of the amount available under subdivision (2), not more than seven and one-half percent (7.5%) of that amount may be used for a use described in subsection (b)(4).

As added by P.L.182-2009(ss), SEC.513. Amended by P.L.46-2022, SEC.2.
Ind. Code § 36-7-23-52 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-52
Fees, rates, and charges for use of infrastructures
Status: in_force

Sec. 52. (a) A resolution establishing just and reasonable fees, rates, and charges for the use of infrastructures under this chapter may be adopted by the board after a public hearing. Notice of the hearing must be published one (1) time, at least ten (10) days before the hearing, in one (1) newspaper published in each county in which a participating unit is located in accordance with IC 5-3-1. The notice must provide a summary of the resolution.

(b) Fees, rates, and charges adopted by the authority for a particular infrastructure shall comply with statutes authorizing units to adopt fees, rates, and charges for that particular type of infrastructure or, if there is no statute authorizing units to adopt fees, rates, and charges for that particular type of infrastructure, the fees, rates, and charges must comply with IC 36-1-3.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.18.
Ind. Code § 36-4-9-4 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-4
Executive departments; establishment by city legislative body; administrative functions; termination; transfer of powers, duties, functions, or obligations
Status: in_force

Sec. 4. (a) The city legislative body shall, by ordinance passed upon the recommendation of the city executive, establish the executive departments that it considers necessary to efficiently perform the administrative functions required to fulfill the needs of the city's citizens.

(b) The head of each city department or agency is under the jurisdiction of the executive.

(c) The following departments may be established:

(1) Department of finance or administration.

(2) Department of law.

(3) Department of public works.

(4) Department of public safety.

(5) Department of parks and recreation.

(6) Department of human resources and economic development.

(7) Any other department considered necessary.

These departments shall perform the administrative functions assigned by statute and ordinance.

(d) The city legislative body may, by ordinance passed upon the recommendation of the city executive:

(1) terminate departments established under subsection (c); and

(2) transfer to or from those departments any powers, duties, functions, or obligations.

[Pre-Local Government Recodification Citations: Part new; 18-1-6.5-1; 18-1-6.5-2; 18-1-6.5-3; 18-1-6.5-4; 18-1-6.5-5.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.23.
Ind. Code § 36-2-6.5-6 — Indiana Code / Title 36 / Article 2 / Chapter 6.5 / Section 36-2-6.5-6
Liberal construction
Status: in_force

Sec. 6. This chapter shall be liberally construed to effect the purposes of this chapter.

As added by P.L.232-2025, SEC.31.
Ind. Code § 36-8-2.2-2 — Indiana Code / Title 36 / Article 8 / Chapter 2.2 / Section 36-8-2.2-2
Not applicable to investigation of criminal conduct
Status: in_force

Sec. 2. (a) This chapter does not apply to any interview, interrogation, or other proceeding that is part of an investigation of criminal charges against a firefighter.

(b) This chapter does not apply to any interview, interrogation, or other interaction that is part of an investigation of a firefighter's conduct, including an interview or investigation to which IC 36-8-2.1 applies.

As added by P.L.140-2017, SEC.1. Amended by P.L.33-2020, SEC.14.
Ind. Code § 36-9-39-6 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-6
Confirmation or modification of resolution; subsequent proceedings under alternative sections depending on nature of sewage works
Status: in_force

Sec. 6. (a) After the hearing under section 5 of this chapter, the original resolution may be rescinded, confirmed, or modified.

(b) If the resolution is confirmed or modified, the municipal works board shall do the following:

(1) Proceed under section 7 of this chapter if the resolution is for sewage works intended only for use by owners of abutting property.

(2) Proceed under section 8 of this chapter if the resolution is for sewage works intended to receive sewage from collateral drains.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-7.7-2-1 — Indiana Code / Title 36 / Article 7.7 / Chapter 2 / Section 36-7.7-2-1
Application of definitions
Status: in_force

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

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-8-2.1-1 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-1
Repealed
Status: repealed

As added by P.L.271-2019, SEC.1. Repealed by P.L.33-2020, SEC.1.
Ind. Code § 36-9-25-6 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-6
Commissioners; meetings; officers; quorum; approval of actions; adoption of rules
Status: in_force

Sec. 6. (a) Within six (6) months after the date this chapter is adopted by ordinance, or within thirty (30) days after the commissioners are appointed in a county that is listed in section 3(b)(3) of this chapter, the board shall hold a meeting for the purpose of organization. The board shall choose one (1) of its members to be president and another to be vice president, who shall perform the usual duties of those offices. The officers serve for a period of one (1) year or until their successors are elected and qualified. The municipal fiscal officer shall perform the same duties with the funds and accounts of the board as with the funds and accounts of the other executive departments of the municipality, except as otherwise provided in this chapter. The fiscal officer receives no additional compensation for performing these duties.

(b) A majority of the members of the board constitutes a quorum, and the concurrence of a majority is necessary for any action of the board. The board shall hold regular meetings at the times it fixes and may call special meetings at the times and upon the notice that it fixes by rule or resolution. All meetings must be open to the public. The board may adopt the rules that it considers necessary to conduct its meetings and business and to control and manage the property under its jurisdiction.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-14-2 part; 19-2-28-5 part; 19-2-28.5-3 part; subsections (b), (c), (d) formerly 19-2-14-2 part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.66; P.L.12-1992, SEC.182.
Ind. Code § 36-2-10-11 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-11
Payment of warrants; want of funds; legal interest; redemption notice
Status: in_force

Sec. 11. (a) If there is sufficient money in the county treasury for the payment of warrants of the county auditor, the treasurer shall pay each warrant of the auditor when it is presented.

(b) If there is no money to pay a county warrant when presented, the treasurer shall write "not paid for want of funds" and the date of presentment on the face of the warrant, over the treasurer's signature. The warrant then bears legal interest beginning on the date of presentment and continuing until:

(1) the treasurer gives notice, by publication under IC 5-3-1, that there is money to redeem outstanding orders; or

(2) the warrant is included in a call under IC 36-2-9-17.

(c) When money for the redemption of outstanding county warrants becomes available, the treasurer shall give the notice prescribed by subsection (b).

[Pre-Local Government Recodification Citation: 17-3-32-8.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.65.
Ind. Code § 36-12-2-22 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-22
Treasurer; election; powers and duties; removal; vacancy; surety bond
Status: in_force

Sec. 22. (a) The library board shall annually elect a treasurer of the public library. The treasurer may be either:

(1) a member of the library board; or

(2) an employee of the library.

However, the library director appointed under section 24 of this chapter may not also be treasurer.

(b) The library board may fix the rate of compensation for the services of the treasurer.

(c) The treasurer:

(1) is the official custodian of all library funds;

(2) is responsible for the proper safeguarding and accounting of all library funds;

(3) shall issue warrants approved by the library board in payment of expenses lawfully incurred in behalf of the public library; and

(4) shall make financial reports of library funds and present the reports to the library board every month.

(d) The library board may prescribe the powers and duties of the treasurer consistent with this chapter.

(e) The treasurer may be removed by the board at any regular or special meeting by a majority vote of the entire membership of the board.

(f) The board may elect a successor treasurer if a vacancy occurs in the office.

(g) The treasurer shall give a surety bond for the faithful performance of the treasurer's duty and for the accurate accounting of all money coming into the treasurer's custody. The bond must be:

(1) written by an insurance company licensed to do business in Indiana;

(2) for the term of office of the treasurer;

(3) in an amount determined by the library board;

(4) paid for with the money from the library fund;

(5) payable to the state of Indiana;

(6) approved by the library board; and

(7) deposited in the office of the recorder of the county in which the library district is located.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2-5.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-25-12 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-12
Basis of fees; measurement of water and sewage usage
Status: in_force

Sec. 12. (a) The fees for the treatment and disposal of sewage may be based on:

(1) a flat charge for each sewer connection;

(2) the amount of water used on the premises;

(3) the number and size of water outlets on the premises;

(4) the amount, strength, or character of sewage discharged into the sewers;

(5) the size of sewer connections; or

(6) any combination of these factors or other factors that the board determines necessary in order to establish just and equitable rates and charges.

(b) The board may enter into contracts with a water utility furnishing water service to users or property served in the district relative to:

(1) ascertaining the amount of water consumed;

(2) the computation of the amount of charge to be billed to each user or property served;

(3) the billing and collection of the amounts; and

(4) the discontinuance of water service to delinquent users as provided in section 11.5 of this chapter.

(c) As an alternative to subsection (b), the board may require a water utility furnishing water service to users or property served in the district to perform the functions listed in subsection (b). If the water utility and the board do not agree upon the reasonable compensation to be paid to the water utility for the services described in subsection (b), the board or the water utility may apply to the utility regulatory commission to establish the reasonable compensation for the services. Upon receipt of an application, the utility regulatory commission, after notice to the water utility and the board and after a hearing, shall establish the reasonable compensation to be paid for the services. The water utility shall then render the services described in return for the compensation fixed.

(d) If a person owns or occupies real property that is connected to the sewage works and either directly or indirectly uses water obtained from a source other than a water utility that is not measured by a water meter acceptable to the board, then the board may require the person, at the person's own expense, to furnish, install, and maintain a water or sewage measuring device acceptable to the board.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-14-5 part; 19-2-20-4; 19-2-20-5; subsection (b) formerly 19-2-14-5 part; subsection (c) formerly 19-2-20-8; subsection (d) formerly 19-2-20-10.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.349-1985, SEC.3; P.L.23-1988, SEC.129; P.L.127-2017, SEC.318.
Ind. Code § 36-7-32.6-11 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-11
"Net increment"
Status: in_force

Sec. 11. As used in this chapter, "net increment" means the sum of:

(1) the gross retail incremental amount; plus

(2) the income tax incremental amount;

as determined by the department of state revenue.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-8-8-19 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-19
Baseline statewide physical and mental examinations
Status: in_force

Sec. 19. (a) The baseline statewide physical examination required by section 7(a) of this chapter shall be prescribed by the system board and shall be administered by the appointing authority, as determined by the local board, after the appointing authority extends a conditional offer for employment. The baseline statewide physical examination shall be administered by a licensed physician and must include all of the following:

(1) A general medical history.

(2) The tests identified in rules that shall be adopted by the system board.

(b) The system board shall adopt minimum standards by rule that a police officer or firefighter must meet for the baseline statewide physical examination described in subsection (a). The baseline statewide physical examination and related standards must:

(1) reflect the essential functions of the job;

(2) be consistent with business necessity; and

(3) be evaluated by the system board one (1) time before January 1, 2015, and every five (5) years thereafter.

(c) The system board shall, in consultation with the commissioner of mental health, select the baseline statewide mental examination described in section 7(a) of this chapter. The standards for passing the baseline statewide mental examination shall be determined by the local board. The baseline statewide mental examination and related standards must:

(1) reflect the essential functions of the job;

(2) be consistent with business necessity; and

(3) be evaluated by the system board one (1) time before January 1, 2015, and every five (5) years thereafter.

The purpose of the baseline statewide mental examination is to determine if the police officer or firefighter is mentally suitable to be a member of the department. The local board may designate a community mental health center or a managed care provider (as defined in IC 12-7-2.1-219), a hospital, a licensed physician, or a licensed psychologist to administer the examination. However, the results of a baseline statewide mental examination shall be interpreted by a licensed physician or a licensed psychologist.

(d) The employer shall pay for no less than one-half (1/2) the cost of the examinations.

(e) Each local board shall name the physicians who will conduct the examinations under this section.

(f) If a local board determines that a candidate passes the local physical and mental standards, if any, established under IC 36-8-3.2-6, the baseline statewide physical examination described in subsection (a), and the baseline statewide mental examination described in subsection (c), the local board shall send the following to the Indiana public retirement system:

(1) Copies and certification of the results of the baseline statewide physical examination described in subsection (a).

(2) Certification of the results of the physical agility examination required under IC 36-8-3.2-3 or IC 36-8-3.2-3.5.

(3) Certification of the results of the baseline statewide mental examination described in subsection (c).

(g) The system board or the system board's designee shall then determine whether the candidate passes the baseline statewide physical standards adopted under subsection (b). If the candidate passes the baseline statewide standards, the system board or the system board's designee shall also determine whether the candidate has a Class 3 excludable condition under section 13.6 of this chapter. The system board or the system board's designee shall retain the results of the examinations and all documents related to the examination until the police officer or firefighter retires or separates from the department.

(h) To the extent required by the federal Americans with Disabilities Act, the system board shall do the following:

(1) Treat the medical transcripts, reports, records, and other material compiled under this section as confidential medical records.

(2) Keep the transcripts, reports, records, and material described in subdivision (1) in separate medical files for each member.

(i) A local board may, at the request of an appointing authority or on the local board's own motion, issue subpoenas, discovery orders, and protective orders in accordance with the Indiana Rules of Trial Procedure to facilitate the receipt of accurate and original documents necessary for the proper administration of this chapter. A subpoena or order issued under this subsection:

(1) must be served in accordance with the Indiana Rules of Trial Procedure; and

(2) may be enforced in the circuit or superior court with jurisdiction for the county in which the subpoena or order is served.

As added by P.L.365-1983, SEC.2. Amended by P.L.202-1984, SEC.2; P.L.342-1985, SEC.8; P.L.4-1992, SEC.52; P.L.40-1994, SEC.82; P.L.99-2010, SEC.14; P.L.23-2011, SEC.30; P.L.6-2012, SEC.253; P.L.145-2026, SEC.251.
Ind. Code § 36-7-9-5 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-5
Orders; contents; notice; expiration
Status: in_force

Sec. 5. (a) The enforcement authority may issue an order requiring action relative to any unsafe premises, including:

(1) vacating of an unsafe building;

(2) sealing an unsafe building against intrusion by unauthorized persons, in accordance with a uniform standard established by ordinance;

(3) extermination of vermin in and about the unsafe premises;

(4) removal of trash, debris, fire hazardous material, or a public health hazard in and about the unsafe premises;

(5) repair or rehabilitation of an unsafe building to bring it into compliance with standards for building condition or maintenance required for human habitation, occupancy, or use by a statute, a rule adopted under IC 4-22-2, or an ordinance;

(6) demolition and removal of part of an unsafe building;

(7) demolition and removal of an unsafe building if:

(A) the general condition of the building warrants removal; or

(B) the building continues to require reinspection and additional abatement action after an initial abatement action was taken pursuant to notice and an order; and

(8) requiring, for an unsafe building that will be sealed for a period of more than ninety (90) days:

(A) sealing against intrusion by unauthorized persons and the effects of weather;

(B) exterior improvements to make the building compatible in appearance with other buildings in the area; and

(C) continuing maintenance and upkeep of the building and premises;

in accordance with standards established by ordinance.

Notice of the order must be given under section 25 of this chapter. The ordered action must be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties. The order supersedes any permit relating to building or land use, whether that permit is obtained before or after the order is issued.

(b) The order must contain the following:

(1) The name of the person to whom the order is issued.

(2) The legal description or address of the unsafe premises that are the subject of the order.

(3) The action that the order requires.

(4) The period of time in which the action is required to be accomplished, measured from the time when the notice of the order is given.

(5) If a hearing is required, a statement indicating the exact time and place of the hearing, and stating that person to whom the order was issued is entitled to appear at the hearing with or without legal counsel, present evidence, cross-examine opposing witnesses, and present arguments.

(6) If a hearing is not required, a statement that an order under subsection (a)(2), (a)(3), (a)(4), or (a)(5) becomes final ten (10) days after notice is given, unless a hearing is requested in writing by a person holding a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises, and the request is delivered to the enforcement authority before the end of the ten (10) day period.

(7) A statement briefly indicating what action can be taken by the enforcement authority if the order is not complied with.

(8) A statement indicating the obligation created by section 27 of this chapter relating to notification of subsequent interest holders and the enforcement authority.

(9) The name, address, and telephone number of the enforcement authority.

(10) A statement that the hearing authority may determine the property to be abandoned as provided in IC 36-7-37.

(c) The order must allow a sufficient time, of at least ten (10) days, but not more than sixty (60) days, from the time when notice of the order is given, to accomplish the required action. If the order allows more than thirty (30) days to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within thirty (30) days.

(d) The order expires two (2) years from the day the notice of the order is given, unless one (1) or more of the following events occurs within that two (2) year period:

(1) A complaint requesting judicial review is filed under section 8 of this chapter.

(2) A contract for action required by the order is let at public bid under section 11 of this chapter.

(3) A civil action is filed under section 17 of this chapter.

(e) If the order contains a statement under subsection (a)(6) or (a)(7), notice of the order shall be given to each person with a known or recorded substantial property interest.

[Pre-Local Government Recodification Citations: 18-5-5.5-2(h); 18-5-5.5-2(i).]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.5; P.L.14-1991, SEC.11; P.L.177-2003, SEC.4; P.L.88-2006, SEC.8; P.L.88-2009, SEC.8; P.L.1-2010, SEC.149; P.L.203-2013, SEC.27; P.L.247-2015, SEC.41.
Ind. Code § 36-2-2.9-1 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-1
Applicability
Status: in_force

Sec. 1. This chapter only applies to a county not having a consolidated city.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-6-4.5-1 — Indiana Code / Title 36 / Article 6 / Chapter 4.5 / Section 36-6-4.5-1
"Violation"
Status: in_force

Sec. 1. As used in this chapter, "violation" means a violation set forth in, or a violation of any duty set forth under:

(1) IC 5-8-1-35(a)(1) or IC 5-8-1-35(a)(2);

(2) IC 5-11-13-3;

(3) IC 36-6-4-3(12), IC 36-6-4-3(13), or IC 36-6-4-3(14);

(4) IC 36-6-4-5; or

(5) IC 36-6-4-17(b).

As added by P.L.24-2022, SEC.6.
Ind. Code § 36-7.6-4-5 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-5
Bonding; security; trust indenture
Status: in_force

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

(b) The trust indenture may:

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

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

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

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

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

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-4-6-14 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-14
Ordinance, order, or resolution adoption; requirements
Status: in_force

Sec. 14. (a) An ordinance, order, or resolution passed by the legislative body is considered adopted when it is:

(1) signed by the presiding officer; and

(2) either approved by the city executive or passed over the executive's veto by the legislative body, under section 16 of this chapter.

If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.

(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1, unless:

(1) it is published under subsection (c); or

(2) there is an urgent necessity requiring its immediate effectiveness, the city executive proclaims the urgent necessity, and copies of the ordinance are posted in three (3) public places in each of the districts from which members are elected to the legislative body.

(c) Except as provided in subsection (e), if a city publishes any of its ordinances in book or pamphlet form, no other publication is required. If an ordinance prescribing a penalty or forfeiture for a violation is published under this subsection, it takes effect two (2) weeks after the publication of the book or pamphlet. Publication under this subsection, if authorized by the legislative body, constitutes presumptive evidence:

(1) of the ordinances in the book or pamphlet;

(2) of the date of adoption of the ordinances; and

(3) that the ordinances have been properly signed, attested, recorded, and approved.

(d) This section (other than subsection (f)) does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.

(e) An ordinance increasing a building permit fee on new development must:

(1) be published:

(A) one (1) time in accordance with IC 5-3-1; and

(B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and

(2) delay the implementation of the fee increase for one hundred eighty (180) days after the date the ordinance is published under subdivision (1).

(f) Subject to subsection (j), the legislative body shall:

(1) subject to subsection (g), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental restrictive ordinance; and

(2) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.

(g) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subsection (f)(1).

(h) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subsection (f).

(i) The failure of an environmental restrictive ordinance to comply with subsection (h) does not void the ordinance.

(j) The notice requirements of subsection (f) apply only if the municipal corporation received under IC 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in subsection (f) as part of a risk based remediation proposal:

(1) approved by the department; and

(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.335-1985, SEC.36; P.L.100-2003, SEC.2; P.L.78-2009, SEC.25; P.L.159-2011, SEC.46; P.L.73-2026, SEC.11.
Ind. Code § 36-7-15.6-15 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-15
Payments in lieu of property taxes
Status: in_force

Sec. 15. The commission may enter into a written agreement with a taxpayer that owns real property located in an allocation area of the district that is exempt from property tax assessment in which the taxpayer agrees to, in lieu of property taxes, pay to the unit authorized to levy property taxes the amount that would be assessed as taxes on real property of the taxpayer if the property were otherwise subject to valuation and assessment. Such payments in lieu of taxes shall be due and shall bear interest if unpaid, as in the cases of taxes on other property. Payments in lieu of taxes made under this section shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-8-19-8 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-8
Fire protection territory fund; establishment; purposes; budget; tax levies
Status: in_force

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

Sec. 8. (a) Upon the adoption of identical ordinances or resolutions, or both, by the participating units under section 6 of this chapter, the designated provider unit must establish a fire protection territory fund from which all expenses of operating and maintaining the fire protection services within the territory, including repairs, fees, salaries, depreciation on all depreciable assets, rents, supplies, contingencies, and all other expenses lawfully incurred within the territory shall be paid. The purposes described in this subsection are the sole purposes of the fund, and money in the fund may not be used for any other expenses. Except as allowed in subsections (d) and (e) and section 8.5 of this chapter, the provider unit is not authorized to transfer money out of the fund at any time.

(b) The fund consists of the following:

(1) All receipts from the tax imposed under this section.

(2) Any money transferred to the fund by the provider unit as authorized under subsection (d).

(3) Any receipts from a false alarm fee or service charge imposed by the participating units under IC 36-8-13-4.

(4) Any money transferred to the fund by a participating unit under section 8.6 of this chapter.

(5) Any receipts from a distribution made under IC 6-3.6-6-8(d), which shall be deposited in the fund.

(c) The provider unit, with the assistance of each of the other participating units, shall annually budget the necessary money to meet the expenses of operation and maintenance of the fire protection services within the territory. The provider unit may maintain a reasonable balance, not to exceed one hundred twenty percent (120%) of the budgeted expenses. Except as provided in IC 6-1.1-18.5-10.5, and subject to section 7(c) of this chapter, after estimating expenses and receipts of money, the provider unit shall establish the tax levy required to fund the estimated budget. Subject to IC 6-1.1-18.5-10.5(c), the amount budgeted under this subsection shall be considered a part of each of the participating unit's budget.

(d) If the amount levied in a particular year is insufficient to cover the costs incurred in providing fire protection services within the territory, the provider unit may transfer from available sources to the fire protection territory fund the money needed to cover those costs. In this case:

(1) the levy in the following year shall be increased by the amount required to be transferred; and

(2) the provider unit is entitled to transfer the amount described in subdivision (1) from the fund as reimbursement to the provider unit.

(e) If the amount levied in a particular year exceeds the amount necessary to cover the costs incurred in providing fire protection services within the territory, the levy in the following year shall be reduced by the amount of surplus money that is not transferred to the equipment replacement fund established under section 8.5 of this chapter. The amount that may be transferred to the equipment replacement fund may not exceed five percent (5%) of the levy for that fund for that year. Each participating unit must agree to the amount to be transferred by adopting an ordinance (if the unit is a county or municipality) or a resolution (if the unit is a township) that specifies an identical amount to be transferred.

(f) The tax under this section is subject to the tax levy limitations imposed under IC 6-1.1-18.5-10.5.

As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.2; P.L.82-2001, SEC.4; P.L.240-2001, SEC.5; P.L.47-2007, SEC.3; P.L.128-2008, SEC.7; P.L.182-2009(ss), SEC.443; P.L.183-2014, SEC.27; P.L.95-2022, SEC.9; P.L.236-2023, SEC.209.
Ind. Code § 36-1-23-4 — Indiana Code / Title 36 / Article 1 / Chapter 23 / Section 36-1-23-4
Petition for increase in budget and property tax levies
Status: in_force

Sec. 4. The executive of the unit may petition the county fiscal body for an increase in the unit's budget and property tax levies. The county fiscal body may grant or deny the petition only after conducting a public hearing on the petition.

As added by P.L.184-2015, SEC.13.
Ind. Code § 36-7-23-43 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-43
Personal liability of directors, officers, employees, and agents
Status: in_force

Sec. 43. The members of the board and the officers, employees, and agents of the authority are not subject to personal liability or accountability by reason of an act authorized by this chapter.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-8-8-8.5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-8.5
Purchase of service credit in certain Indiana public retirement funds
Status: in_force

Sec. 8.5. (a) This section applies to a fund member who, after June 30, 2010, completes service for which the 1977 fund gives credit.

(b) As used in this section, "public retirement fund" refers to any of the following, either singly or collectively:

(1) The public employees' retirement fund (IC 5-10.3).

(2) The Indiana state teachers' retirement fund (IC 5-10.4).

(3) The state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund (IC 5-10-5.5).

(4) The state police pension trust (IC 10-12).

(5) A sheriff's pension trust (IC 36-8-10-12).

(c) Subject to this section, a fund member may purchase and claim service credit for the fund member's prior service in a position covered by a public retirement fund.

(d) To purchase and claim the service credit described in subsection (c), a fund member must meet the following requirements:

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

(2) The fund member has not attained vested status in and is not an active member in the public retirement fund from which the fund member is purchasing service credit.

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

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

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

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

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

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

(e) At the request of the fund member purchasing service credit under this section, the amount a fund member is required to contribute under subsection (d)(3) may be reduced by a trustee to trustee transfer from the public retirement fund in which the fund member has an account that contains amounts attributable to member contributions (plus any credited earnings) to the 1977 fund. The fund member may direct the transfer of an amount only to the extent necessary to fund the service purchase under subsection (d)(3). The fund member shall complete any forms required by the public retirement fund from which the fund member is requesting a transfer or the 1977 fund before the transfer is made.

(f) A fund member must have at least twenty (20) years of service in the 1977 fund before a fund member may receive a retirement benefit based on service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of the service credit purchased under this section.

(g) A fund member who:

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

(2) receives a retirement benefit for the same service from another tax supported governmental retirement plan other than the federal Social Security Act;

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) The fund member's employer may pay all or a part of the fund member's contributions required for the purchase of service credit under this section. In that event, the actuary shall determine the amortization, and subsections (g), (h)(1), (h)(3), and (i) do not apply.

As added by P.L.70-2010, SEC.1. Amended by P.L.35-2012, SEC.123; P.L.8-2015, SEC.12.
Ind. Code § 36-7-15.1-59 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-59
Program for age-restricted housing
Status: in_force

Sec. 59. (a) A commission may adopt a resolution to establish a program for age-restricted housing. The program:

(1) must be limited to age-restricted housing that satisfies the requirements of 42 U.S.C. 3607 (the federal Housing for Older Persons Act);

(2) may include any relevant elements the commission considers appropriate;

(3) may be adopted as part of a redevelopment plan or an amendment to a redevelopment plan; and

(4) may establish an allocation area for purposes of sections 26 and 60 of this chapter for the accomplishment of the program.

The program must be approved by the legislative body of the consolidated city as specified in section 9 of this chapter.

(b) The notice and hearing provisions of sections 10 and 10.5 of this chapter, including notice under section 10(c) of this chapter to a taxing unit that is wholly or partly located within an allocation area, apply to the resolution adopted under subsection (a). Judicial review of the resolution may be made under section 11 of this chapter.

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

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

(2) shall hold public meetings in the areas to be affected by the proposed program to obtain the views of affected persons.

As added by P.L.7-2013, SEC.5.
Ind. Code § 36-5-4-1 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-1
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 § 36-9-40-10 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-10
Special assessment levy; limitation on amount
Status: in_force

Sec. 10. (a) The works board shall levy special assessments for the amount determined under section 9 of this chapter if:

(1) the contract for construction of the system is executed; and

(2) the system is constructed.

(b) The special assessments levied under this section may not exceed the cost of construction of the system.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-8-8-9.5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-9.5
Fund member maximum retirement age
Status: in_force

Sec. 9.5. (a) This section applies after June 30, 2018.

(b) A fund member shall retire at seventy (70) years of age.

As added by P.L.115-2016, SEC.6.
Ind. Code § 36-7.5-4.5-16.5 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-16.5
Transfer of funds by a cash participant or associate member; double tracking project; pledge
Status: in_force

Sec. 16.5. (a) This section applies to an associate member or cash participant that has committed to:

(1) make a cash payment to the development authority; or

(2) provide revenues to the development authority annually to make debt service payments annually for the life of any:

(A) bonds or obligations issued; or

(B) leases entered into;

by the development authority;

to finance the mainline double tracking project.

(b) A transfer of funds made by a cash participant or an associate member under this section after December 31, 2018, is considered to be a payment for services provided to residents by the mainline double tracking project (as described in section 12 of this chapter) as those services are rendered.

(c) A transfer of funds under this section does not constitute an indebtedness of:

(1) an associate member;

(2) a cash participant; or

(3) the state;

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

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

(1) constitutes the obligations of the development authority; and

(2) does not constitute an indebtedness of:

(A) an associate member;

(B) a cash participant; or

(C) the state;

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

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

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

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

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

(4) The state of Indiana has a legitimate interest in assisting the northwest Indiana regional development authority in financing rail projects, including the mainline double tracking project.

As added by P.L.189-2018, SEC.180. Amended by P.L.10-2019, SEC.138.
Ind. Code § 36-9-15-6 — Indiana Code / Title 36 / Article 9 / Chapter 15 / Section 36-9-15-6
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-3-84-5.]

As added by Acts 1981, P.L.309, SEC.88. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-6-4-14 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-14
Expiration of term; delivery of funds, property, and annual report; submission to inquiries at annual meeting
Status: in_force

Sec. 14. When the executive's term of office expires, the former executive shall:

(1) immediately deliver to the new executive custody of all funds and property of the township, except records necessary in the preparation of the former executive's annual report;

(2) deliver to the new executive, not later than the second Monday in the next January, the former executive's annual report and any records the former executive has retained; and

(3) attend the annual meeting of the township legislative body held under IC 36-6-6-9 and submit to inquiries from the legislative body concerning the operation of the executive's office during the preceding calendar year.

[Pre-Local Government Recodification Citations: 17-4-6-6; 17-4-28-5 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.173-2003, SEC.27; P.L.127-2017, SEC.158.
Ind. Code § 36-7-15.1-56 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-56
Repealed
Status: repealed

As added by P.L.102-1999, SEC.23. Amended by P.L.192-2002(ss), SEC.184; P.L.1-2004, SEC.67 and P.L.23-2004, SEC.69; P.L.219-2007, SEC.133. Repealed by P.L.146-2008, SEC.813.
Ind. Code § 36-11-11-2 — Indiana Code / Title 36 / Article 11 / Chapter 11 / Section 36-11-11-2
Enforcement of delinquent fees and penalties
Status: in_force

Sec. 2. A district may enforce delinquent fees and penalties in the manner described in IC 36-9-23.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.131-2005, SEC.8.
Ind. Code § 36-3-2-3 — Indiana Code / Title 36 / Article 3 / Chapter 2 / Section 36-3-2-3
Powers and duties of special service districts; administration of special service and special taxing districts; expansion of solid waste collection district
Status: in_force

Sec. 3. (a) A special service district of the consolidated city:

(1) may sue and be sued;

(2) may exercise powers of the consolidated city to the extent that those powers are delegated to it by law, but may not issue bonds; and

(3) shall provide services to property owners only in the district, unless a law provides otherwise.

(b) A special service district or special taxing district shall be administered under the jurisdiction of a department of the consolidated city or the county. The territory of a special service district or special taxing district may be expanded, in the manner prescribed by law, to include territory inside the county that is not originally included in the district.

(c) The city-county legislative body may, by ordinance, expand the territory of a solid waste collection district as follows:

(1) The ordinance may not be considered unless a petition to include additional territory in the district is first submitted to the works board for study and recommendation.

(2) The petition must be signed by at least ten (10) interested residents in the proposed additional territory.

(3) After receiving the petition, the works board shall:

(A) set a date for a public hearing;

(B) publish notice of the hearing in accordance with IC 5-3-1; and

(C) upon hearing the matter, determine whether the territory should be added to the district.

(4) If the works board recommends that the territory should be added to the district, the legislative body must hold a public hearing and then may pass the ordinance.

(5) Territory in the solid waste collection district may also be removed from the district in the manner prescribed by this section.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-1-2(1); 18-4-2-1 part; 18-4-3-13; 19-2-14.6-7 part; subsection (b) formerly 18-4-2-34 part; 18-4-12-6(b) part; 18-4-12-34(b) part; 19-2-14.6-7 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981, P.L.17, SEC.17; Acts 1982, P.L.77, SEC.5; P.L.227-2005, SEC.20.
Ind. Code § 36-9-11-19 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-19
Deposit of revenues from parking facilities
Status: in_force

Sec. 19. (a) This subsection applies only to cities. The gross revenues of parking facilities shall be kept in a fund or funds separate from all other funds of the city, and shall be deposited in the fund or funds daily, as received. As long as any revenue bonds are outstanding, revenues deposited in the fund or funds may be used only to:

(1) pay the cost of operation, maintenance, and repair of the parking facilities of the city;

(2) pay the principal of and interest on revenue bonds issued or to be issued for the facilities;

(3) provide a reserve for the revenue bonds as a margin of safety and protection against default and retirement before maturity;

(4) pay the cost of repairs, replacements, and additions to, or remodeling of, the parking facilities; or

(5) finance the construction of additional parking facilities;

in the manner and with the priorities and restrictions as to application of the revenues provided in the ordinance or ordinances authorizing the issuance of the revenue bonds.

(b) This subsection and subsection (c) apply only to towns. The gross revenues of each:

(1) parking facility financed by the issuance of revenue bonds; and

(2) extension, addition, or improvement to, or replacement of, such a facility;

shall be deposited in a special fund designated as "parking fund─project __________". The revenues derived from the facility shall be deposited in the special fund daily, as received.

(c) The revenues deposited under subsection (b) shall be used in the following manner:

(1) The cost of operation, maintenance, and repair of the parking facility shall be paid first, and a sufficient amount to pay that cost in the next month shall then be reserved.

(2) The money remaining in the parking fund after compliance with subdivision (1) comprises the net revenues of the facility. On the first day of each month, the net revenues shall be transferred into a special fund designated as "parking sinking fund─project ______" until this fund contains an amount sufficient to pay the interest on and principal of the outstanding revenue bonds payable from the fund for the next twelve (12) months. The money in the parking sinking fund may be used only for the interest on and principal of the revenue bonds payable from the fund.

[Pre-Local Government Recodification Citations: 19-5-11-10 part; 19-5-13-12 part.]

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-9-9-11 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-11
Expiration of contracts; transfers to new utilities
Status: in_force

Sec. 11. (a) Six (6) months before the expiration of a contract or order entered into or made under section 5 of this chapter, the municipal works board may:

(1) negotiate and enter into a new contract;

(2) extend the current contract;

(3) procure an order of the commission; or

(4) advertise for bids.

The works board shall then proceed in the manner provided by the preceding sections of this chapter.

(b) If a contract or order made under this section provides that an electrical system is to be operated by a utility other than the former utility and owner of the system, the new utility shall pay in cash to the former utility the full value at that time of the system, as determined by the utility regulatory commission. After payment, the former utility shall transfer title in the system to the new utility, which is then fully vested with ownership of the system. The new utility shall maintain and serve the system in accordance with this chapter.

[Pre-Local Government Recodification Citation: 19-5-24-11.]

As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.23-1988, SEC.124.
Ind. Code § 36-8-8.5-1.5 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-1.5
DROP expiration date
Status: in_force

Sec. 1.5. This chapter expires for members of the 1925 fund, the 1937 fund, or the 1953 fund on the date the authority of the board of trustees of the Indiana public retirement system to distribute from the pension relief fund established under IC 5-10.3-11-1 to units of local government (described in IC 5-10.3-11-3) amounts determined under IC 5-10.3-11-4.7 expires.

As added by P.L.51-2006, SEC.1. Amended by P.L.35-2012, SEC.142.
Ind. Code § 36-7-31.6-15 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-15
Uses of money from the fund
Status: in_force

Sec. 15. The board may use money distributed from the professional sports development area fund to pay any costs related to a capital improvement described in section 3(b) of this chapter, including the following:

(1) Any costs related to the operation, maintenance, or replacement of a capital improvement described in section 3(b) of this chapter.

(2) Any costs related to constructing, renovating, and equipping a capital improvement described in section 3(b) of this chapter.

(3) Any costs related to the financing or refinancing of a capital improvement described in section 3(b) of this chapter, including but not limited to any debt service payments on bonds or lease rental payments in respect of leases.

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

As added by P.L.44-2026, SEC.26.