Ind. Code § 36-8-19-6 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-6
Establishing or expanding territory; ordinance or resolution; public hearings
Status: in_force

Sec. 6. (a) To establish or expand a fire protection territory, the legislative bodies of each unit or fire protection district:

(1) desiring to establish a fire protection territory; or

(2) desiring to expand an existing fire protection territory by:

(A) becoming a participating unit in; or

(B) approving the addition of a participating unit in;

an existing fire protection territory;

must adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township or a fire protection district).

(b) The ordinance or resolution must meet the following requirements:

(1) The ordinance or resolution is identical to the ordinances and resolutions adopted by the other units or fire protection districts desiring to establish or expand the proposed territory.

(2) Except as otherwise provided in this subdivision, the ordinance or resolution is adopted after January 1 but before April 1. However, for an ordinance or resolution adopted in 2023, the ordinance or resolution must be adopted after January 1, 2023, and before August 2, 2023.

(3) The ordinance or resolution authorizes the unit or fire protection district to become a party to an agreement for the establishment of a fire protection territory or the expansion of an existing fire protection territory.

(4) This subdivision does not apply to an ordinance or resolution adopted in 2023. An ordinance or resolution is adopted after the legislative body holds at least three (3) public hearings to receive public comment on the proposed ordinance or resolution as follows:

(A) At least one (1) public hearing must be held at least thirty (30) days before the legislative body votes on the adoption of the ordinance or resolution. At the hearing, the legislative body shall make available to the public the information required by subsection (c) concerning the fiscal impact of the proposed fire protection territory.

(B) At least two (2) public hearings must be held after the public hearing in clause (A), with the last public hearing held not later than ten (10) days before the legislative body votes on the adoption of the ordinance or resolution.

The legislative body must give notice of the hearings under IC 5-3-1.

(5) This subdivision applies to an ordinance or resolution adopted in 2023. An ordinance or resolution is adopted after the legislative body holds at least three (3) public hearings to receive public comment on the proposed ordinance or resolution as follows:

(A) At least one (1) public hearing must be held at least twenty-five (25) days before the legislative body votes on the adoption of the ordinance or resolution. At the hearing, the legislative body shall make available to the public the information required by subsection (c) concerning the fiscal impact of the proposed fire protection territory.

(B) At least two (2) public hearings must be held after the public hearing in clause (A), with the last public hearing held not later than five (5) days before the legislative body votes on the adoption of the ordinance or resolution.

The legislative body must give notice of the hearings under IC 5-3-1.

(c) The legislative body must make available to the public the following information:

(1) The property tax levy, property tax rate, and budget to be imposed or adopted during the first year of the proposed territory for each of the units or fire protection districts that would participate in the proposed territory. If a property tax rate is to be implemented over a number of years as provided in section 7(c) of this chapter, the information under this subdivision must include the amount of the intended property tax rate after having been fully implemented.

(2) The estimated effect of the proposed reorganization in the following years on taxpayers in each of the units or fire protection districts that would participate in the proposed territory, including the expected property tax rates, property tax levies, expenditure levels, service levels, and annual debt service payments.

(3) The estimated effect of the proposed reorganization on other units in the county in the following years and on local option income taxes, excise taxes, and property tax circuit breaker credits.

(4) A description of the planned services and staffing levels to be provided in the proposed territory.

(5) A description of any capital improvements to be provided in the proposed territory.

(d) The notice required for a hearing under subsection (b)(4) and (b)(5) shall include all of the following:

(1) A list of the provider unit and all participating units in the proposed territory.

(2) The date, time, and location of the hearing.

(3) The location where the public can inspect the proposed ordinance or resolution.

(4) A statement as to whether the proposed ordinance or resolution requires uniform tax rates or different tax rates within the territory.

(5) The name and telephone number of a representative of the unit or fire protection district who may be contacted for further information.

(6) The proposed levies and tax rates for each participating unit, and whether a tax rate will be implemented over a number of years under section 7(c) of this chapter.

(e) The ordinance or resolution adopted under this section shall include at least the following:

(1) The boundaries of the proposed territory.

(2) The identity of the provider unit and all other participating units desiring to be included within the territory.

(3) An agreement to impose:

(A) a uniform tax rate upon all of the taxable property within the territory for fire protection services; or

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

(4) An agreement as to how the property that is held by the territory will be disposed of if:

(A) a participating unit withdraws from the territory; or

(B) the territory is dissolved.

(5) The contents of the agreement to establish the territory.

(f) An ordinance or a resolution adopted under this section takes effect July 1 of the year the ordinance or resolution is adopted.

As added by P.L.37-1994, SEC.3. Amended by P.L.240-2001, SEC.3; P.L.47-2007, SEC.2; P.L.49-2012, SEC.1; P.L.255-2017, SEC.43; P.L.14-2021, SEC.1; P.L.95-2022, SEC.7; P.L.236-2023, SEC.208.
Ind. Code § 36-7-15.6-1 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-1
Applicability
Status: in_force

Sec. 1. This chapter applies only to a consolidated city.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-9-40-26 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-26
Supplementary proceedings to correct defect or irregularity in contract
Status: in_force

Sec. 26. If a defect or an irregularity results in the invalidity of a contract, an assessment, or a lien under this chapter, the defect or irregularity shall be corrected by supplementary proceedings that substantially comply with this chapter.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-5-1-14 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-14
Notice of filing of petition and day of hearing
Status: in_force

Sec. 14. When a petition is filed under section 12 of this chapter, the town clerk shall give notice of the filing and of the day of a hearing on the petition, in the manner prescribed by IC 5-3-1.

[Pre-Local Government Recodification Citation: 18-3-1-23 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.219-2013, SEC.100.
Ind. Code § 36-3-8-1 — Indiana Code / Title 36 / Article 3 / Chapter 8 / Section 36-3-8-1
Applicability
Status: in_force

Sec. 1. This chapter applies only to the part of the town of Cumberland located within Marion County.

As added by P.L.52-2025, SEC.2.
Ind. Code § 36-7-4-306 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-306
Organization; regular meetings and minutes
Status: in_force

Sec. 306. The plan commission shall fix the time for holding regular meetings each month or as necessary. The commission shall keep minutes of its meetings. The minutes of commission meetings and all records shall be filed in the office of the commission and are public records.

[Pre-Local Government Recodification Citations: 18-7-2-10; 18-7-2-11; 18-7-4-306; 18-7-4-16; 18-7-5-17.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.16.
Ind. Code § 36-9-4-39 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-39
"Demand-responsive" or "dial-a-ride" system
Status: in_force

Sec. 39. The board of directors of a public transportation corporation may establish and operate a "demand-responsive" or "dial-a-ride" transportation system as a part of its urban mass transportation system within the taxing district of the corporation. The rates and charges for the system and all related criteria are at the sole discretion of the board.

[Pre-Local Government Recodification Citation: 19-5-2-34.1.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-4-6-13 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-13
Ordinance; two-thirds vote with unanimous consent of members present
Status: in_force

Sec. 13. (a) A two-thirds (2/3) vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of the legislative body on the same day or at the same meeting at which it is introduced.

(b) Subsection (a) does not apply to a zoning ordinance or amendment to a zoning ordinance that is adopted under IC 36-7.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.24; P.L.335-1985, SEC.35.
Ind. Code § 36-10-4-21 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-21
Eminent domain; damages; prior public use
Status: in_force

Sec. 21. (a) The board may exercise the power of eminent domain for the purposes of this chapter:

(1) within the corporate boundaries of the city; and

(2) before July 1, 2019, outside of the city within:

(A) ten (10) miles; or

(B) five (5) miles if the city adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981);

of the corporate boundaries of the city and within the county in which the city is located.

The board may award damages to landowners for real property and property rights appropriated or injuriously affected and assess benefits to property beneficially affected. If the board cannot agree with the owners, lessees, or occupants of any real property selected by the board for the purposes of this chapter, the board may condemn the property as provided in this chapter, and, when not inconsistent with this chapter, may proceed under statutes governing the condemnation of land and rights-of-way for other public purposes.

(b) If the land or surface of the ground on, over, or across which it is necessary or advisable to establish, construct, or improve a boulevard, parkway, or pleasure driveway is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the entity appropriating it, the public use or prior condemnation does not bar the board from condemning the use of the ground for park purposes. However, the use by the board does not permanently prevent the use of the land or the surface of the ground for the prior public use or by the entity condemning or appropriating it. In a proceeding prosecuted by the board to condemn the use of land or the surface of the ground for purposes permitted by this chapter, the board must show that its proposed use will not permanently or seriously interfere with the continued use of the land or the surface of the ground.

[Pre-Local Government Recodification Citations: 19-7-9-8; 19-7-30-15.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.16; P.L.3-1990, SEC.141; P.L.277-2019, SEC.16; P.L.156-2020, SEC.151.
Ind. Code § 36-7-17.1-2 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-2
"Rehabilitation loan"
Status: in_force

Sec. 2. As used in this chapter, "rehabilitation loan" refers to a rehabilitation loan (as defined in 24 CFR 203.50(a)(1)) that is eligible for insurance under Section 203(k) of the National Housing Act (12 U.S.C. 1709(4k)).

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-9-17-2 — Indiana Code / Title 36 / Article 9 / Chapter 17 / Section 36-9-17-2
Preliminary financing resolution
Status: in_force

Sec. 2. Whenever the works board of a municipality wants to improve a public way or public place, or to construct, repair, or reconstruct a sidewalk, curb, gutter, sewer, or drain in the municipality, it shall adopt a preliminary resolution designating whether the proposed improvement is to be financed and paid for in the manner prescribed by this chapter.

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

As added by Acts 1981, P.L.309, SEC.90.
Ind. Code § 36-1-9.5-37 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-37
Classification of contractors for work; rating criteria; limitations on uncompleted work
Status: in_force

Sec. 37. (a) A contractor may be classified for one (1) or more types of work. A contractor will be rated in accordance with the contractor's financial ability, adequacy of plant and equipment, organization, prior experience, record of construction and any other relevant and material facts that may affect the classification.

(b) An entity shall assign a contractor a classification that will limit the type and quantity of uncompleted work the contractor may have under a contract with the entity at any time as principal or subcontractor, regardless of the location of the work or with whom the work is contracted.

(c) The entity shall assign a contractor an aggregate amount that will be the largest dollar amount of uncompleted work the contractor or subcontractor will have under contract at any time as principal or subcontractor, regardless of the location of the work and with whom the work is contracted.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-16.6-6 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-6
"Prepaid user"
Status: in_force

Sec. 6. As used in this chapter, "prepaid user" refers to a user of prepaid wireless telecommunications service who:

(1) is issued an Indiana telephone number or an Indiana identification number for the service; or

(2) purchases prepaid wireless telecommunications service in a retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).

As added by P.L.113-2010, SEC.151.
Ind. Code § 36-2-17-11 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-11
Destruction of recorder's records; force and effect of record; certified copies; fee for recording
Status: in_force

Sec. 11. (a) A party to a legal proceeding may introduce a record of testimony made under section 10 of this chapter into evidence. Such a record has the same force as oral testimony at the trial by the witness whose statement makes up the record, and it may be excluded, rebutted, or impeached in the same manner in which that oral testimony could be excluded, rebutted, or impeached.

(b) If the recorder certifies that a copy of a record made under section 10 of this chapter is a complete copy of all parts of the record relevant to a document in issue in a trial, the certified copy is admissible in evidence in that trial and has the same force as the original record.

(c) The recorder shall charge half the usual fee for recording a document under section 9 or 10 of this chapter.

[Pre-Local Government Recodification Citations: 5-15-8-8; 5-15-8-18 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-10-16-1 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-1
"Airport authority"
Status: in_force

Sec. 1. As used in this chapter, "airport authority" refers to an airport authority established under IC 8-22-3.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-9-27.8-7 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-7
"Unit"
Status: in_force

Sec. 7. As used in this chapter, "unit" means:

(1) Johnson County; or

(2) the consolidated city in Marion County.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-4-1-7 — Indiana Code / Title 36 / Article 4 / Chapter 1 / Section 36-4-1-7
Petition to change name of city; hearing; ordinance
Status: in_force

Sec. 7. (a) A petition to change the name of a city may be filed with the city legislative body. The petition must:

(1) be signed by at least five hundred (500) voters of the city, or, in a city having less than five hundred (500) registered voters at the time of the most recent general election, by at least ten percent (10%) of those voters;

(2) be verified by one (1) or more of the petitioners; and

(3) set forth reasons for the change of name.

(b) If the legislative body considers the reasons set forth in the petition sufficient, it shall conduct a public hearing on the petition after giving notice by publication in the manner prescribed by IC 5-3-1.

(c) If after the hearing the legislative body finds that the matters set forth in the petition are true and that the requested change of name should be granted, it shall pass an ordinance changing the name of the city. The change of name takes effect sixty (60) days after the effective date of the ordinance.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.45, SEC.12.
Ind. Code § 36-9-37-29 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-29
Bonds; series; redemption; time for payment; computation of interest; actions challenging validity
Status: in_force

Sec. 29. (a) The municipal legislative body shall provide in the preliminary resolution that the bonds issued in anticipation of the collection of the assessments shall be issued so as to mature not less than ten (10) years and not more than thirty (30) years from the date of issuance.

(b) The terms of the bonds may allow early redemption of the bonds for and to the extent of prepayment of the assessments in anticipation of which the bonds were issued.

(c) If the assessment roll for the cost of an improvement was finally approved before July 1 of a year, the first of the series of bonds issued for the payment of the improvement is payable on February 1 of the following year, and the interest on the bonds shall be computed accordingly.

(d) If the assessment roll for the cost of an improvement was finally approved after June 30 of a year, the first of the series of bonds issued for the payment of the improvement is payable on August 1 of the following year, and the interest on the bonds shall be computed accordingly.

(e) Interest on the bonds is payable semiannually, beginning on the date prescribed by subsection (c) or (d).

(f) The municipal works board may by ordinance or resolution choose to:

(1) sell the bonds by negotiated private sale to a financial institution; and

(2) remit the proceeds of the bonds to the contractor for the public improvement.

(g) An action to challenge the validity of the bonds or the sale of the bonds may not be brought after issuance of the bonds.

As added by P.L.98-1993, SEC.8. Amended by P.L.62-2001, SEC.7.
Ind. Code § 36-7-3-0.1 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to sections 1, 2, 10, 11, and 16 of this chapter by P.L.220-1986 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.220-1986 had not been enacted.

As added by P.L.220-2011, SEC.657.
Ind. Code § 36-8-8-13.9 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-13.9
Members dying in line of duty before September 1, 1982
Status: in_force

Sec. 13.9. (a) This section applies to an active member who died in the line of duty (as defined in section 14.1 of this chapter) before September 1, 1982.

(b) Except as otherwise provided in this subsection, if a fund member dies in the line of duty, the following apply:

(1) Each of the member's surviving children is entitled to a monthly benefit equal to twenty percent (20%) of the fund member's monthly benefit:

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

(B) 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;

whichever period is longer. However, if the board finds upon the submission of satisfactory proof that a child who is at least eighteen (18) years of age is mentally or physically incapacitated, is not a ward of the state, and is not receiving a benefit under clause (B), the child is entitled to receive an amount each month that is equal to the greater of thirty percent (30%) of the monthly pay of a first class patrolman or first class firefighter or fifty-five percent (55%) of the monthly benefit the deceased member was receiving or was entitled to receive on the date of the member's death as long as the mental or physical incapacity of the child continues. Benefits paid for a child shall be paid to the surviving parent as long as the child resides with and is supported by the surviving parent. If the surviving parent dies, the benefits shall be paid to the legal guardian of the child.

(2) The member's surviving spouse is entitled to a monthly benefit equal to sixty percent (60%) of the fund member's monthly benefit during the spouse's lifetime. If the spouse remarried before September 1, 1983, and benefits ceased on the date of remarriage, the benefits for the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse.

If there is no surviving eligible child or spouse, and there is proof satisfactory to the local board, subject to review in the manner specified in section 13.1(c) of this chapter, that the parent was wholly dependent on the fund member, the member's surviving parent is entitled, or both surviving parents if qualified are entitled jointly, to receive fifty percent (50%) of the fund member's monthly benefit during the parent's or parents' lifetime. As used in this subsection, a parent is wholly dependent on a fund member if the fund member claimed the parent as a dependent on the federal income tax return filed by the fund member in the year before the year in which the fund member died.

(c) If the fund member did not have at least twenty (20) years of service or was not at least fifty-two (52) years of age, the benefit under subsection (b) is computed as if the member:

(1) did have twenty (20) years of service; and

(2) was fifty-two (52) years of age.

(d) 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 P.L.118-2000, SEC.27. Amended by P.L.86-2003, SEC.8; P.L.1-2007, SEC.243; P.L.62-2010, SEC.2; P.L.23-2010, SEC.2.
Ind. Code § 36-8-3.5-5.5 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-5.5
Establishment of system for eligible departments; resolution to reject system; dissolution
Status: in_force

Sec. 5.5. (a) This section applies to the following:

(1) A unit that:

(A) has an eligible police department or fire department; and

(B) does not have a merit system established under:

(i) this chapter;

(ii) IC 36-1-4-14; or

(iii) a prior statute and retained by ordinance as provided in section 1(c) of this chapter;

for an eligible police department, fire department, or both.

(2) A district or a territory that is an eligible fire department.

(b) For purposes of this section, a police department is eligible if the police department:

(1) has at least twelve (12) active full-time, paid members; and

(2) provides service to a geographic area that has a resident population of at least twenty thousand (20,000), excluding the resident population of any geographic area that the department provides service to under a mutual aid agreement.

(c) For purposes of this section, a fire department is eligible if the fire department:

(1) has at least twelve (12) active full-time, paid members; and

(2) provides service to a geographic area that has a resident population of at least twenty thousand (20,000):

(A) excluding the resident population of any geographic area that the department provides service to under a mutual aid agreement; and

(B) including the resident population of any geographic area within a district or territory.

(d) Effective January 1, 2025, a merit system is established for each eligible department that does not have a merit system unless, not later than December 31, 2024, the unit, territory, or district:

(1) establishes a merit system:

(A) under section 3 of this chapter, in the case of a unit; or

(B) section 1.1 of this chapter, in the case of a district or territory; or

(2) adopts a resolution rejecting establishment of a merit system in accordance with subsection (e).

(e) For each eligible department that does not have a merit system, the unit's legislative body or the governing board of the district or territory may adopt a resolution not later than December 31, 2024, that rejects the establishment of a merit system. The resolution rejecting establishment of a merit system must be adopted by an affirmative vote of at least a majority of the members of each of the following:

(1) In the case of a:

(A) unit, the unit's legislative body; or

(B) district or territory, the governing board.

(2) The active full-time, paid members of the department.

The legislative body or governing board shall vote on the resolution first. If the legislative body or governing body votes "yes" on the resolution (thereby rejecting a merit system), the resolution shall be voted on by the active full-time, paid members of the department in accordance with the procedure set forth in section 4 of this chapter. If a majority of the active full-time, paid members of the department vote "yes" on the resolution (thereby rejecting a merit system), a merit system is not established for the department on January 1, 2025.

(f) If a unit, district, or territory does not reject the establishment of a merit system under subsection (e), a merit system is established on January 1, 2025, without complying with section 3 of this chapter (in the case of a unit), section 1.1 of this chapter (in the case of a district or territory), or any other law. The following apply to the merit system:

(1) The merit system shall be considered to be established by the ordinance or resolution, whichever is appropriate, that adopts all of the provisions applicable to the establishing unit, district, or territory.

(2) Not later than March 1, 2025, a merit commission shall be appointed that establishes or administers policies based on merit for the appointment, promotion, demotion, and dismissal of members of the department as set forth in this chapter.

(g) Except as provided in subsection (i), after January 1, 2025, a merit system established under this section may be amended or dissolved as follows:

(1) The merit system may be amended by the:

(A) unit's legislative body adopting an ordinance or resolution as provided in section 3 of this chapter; or

(B) governing body adopting a resolution under section 1.1 of this chapter;

that has the effect of amending or deleting provisions of the merit system that are left to the discretion of the unit, district, or territory under this chapter.

(2) A merit system may be dissolved by following the procedure for establishing or rejecting a merit system under section 4 or 5 of this chapter. The dissolution takes effect on January 1 following the vote of at least a majority of the:

(A) active full-time paid members of the department to approve the ordinance or resolution dissolving the merit system under section 4 of this chapter; or

(B) members of the unit's legislative body or governing board to adopt the ordinance or resolution to dissolve the merit system under section 5 of this chapter, whichever is appropriate.

(h) A unit, district, or territory that rejects the establishment of a merit system under subsection (e) may adopt or attempt to adopt an ordinance or resolution that establishes a merit system for the department:

(1) under this chapter or IC 36-1-4-14, in the case of a unit; or

(2) under this chapter, in the case of a district or territory;

after December 31, 2024, and at least one (1) year after the date of the vote rejecting the merit system under subsection (e).

(i) After January 1, 2029, and before January 31, 2029, a unit, district, or territory that establishes a merit system under this section shall vote to either retain or dissolve the merit system. If at least a majority of the:

(1) members of the legislative body or governing board; or

(2) active full-time paid members of the department;

vote to dissolve the merit system, the merit system is dissolved.

As added by P.L.207-2023, SEC.13.
Ind. Code § 36-7-18-37 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-37
Books, records, and accounts
Status: in_force

Sec. 37. (a) The state board of accounts shall prescribe methods and forms for keeping the accounts, records, and books to be used by a housing authority, and shall prescribe accounts to which particular outlays and receipts are to be entered, charged, or credited.

(b) The state board of accounts shall require a housing authority to file periodic reports with it, but not more often than quarterly or less often than annually. The report must cover the operations and activities of the authority, in a form prescribed by the board. The board may from time to time require the report to include specific answers to questions upon which the board desires information. The authority shall keep copies of all periodical reports on file in its office and make them available for examination by the public.

(c) The state board of accounts shall periodically audit the books, records, and accounts of housing authorities. These audits shall be paid for in the manner prescribed by IC 5-11-4.

[Pre-Local Government Recodification Citation: 18-7-11-24 part.]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-7-15.1-34 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-34
Housing program; resolution; findings
Status: in_force

Sec. 34. The commission must make the following findings in the resolution adopting a housing program under section 32 of this chapter:

(1) The program meets the purposes of section 31 of this chapter.

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

(A) lack of public improvements;

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

(C) other similar conditions.

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

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

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

(B) increase in the property tax base; or

(C) other similar public benefits.

(5) At least three-fourths (3/4) of the allocation area is used for residential purposes or is planned to be used for residential purposes.

(6) At least one-third (1/3) of the residential units in the allocation area were constructed more than fifty (50) years before the date of the resolution.

(7) A total of at least one-third (1/3) of the parcels in the allocation area have one (1) or more of the following characteristics:

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

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

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

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

(E) The parcel is vacant.

As added by P.L.193-1988, SEC.10. Amended by P.L.1-1993, SEC.246; P.L.126-2023, SEC.2.
Ind. Code § 36-7-32.6-24 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-24
State gross retail and use tax paid or collected by a contractor; report
Status: in_force

Sec. 24. (a) A contractor that provides tangible personal property incorporated into real property in a project located in the stadium development district shall maintain records of all state gross retail and use tax paid or collected during a state fiscal year for the tangible personal property incorporated into the real property in projects located in the stadium development district.

(b) A contractor may issue an exemption certificate under IC 6-2.5-8-8 to a vendor when purchasing tangible personal property to be incorporated into real property located in the stadium development district.

(c) A contractor that issues an exemption certificate to a vendor under subsection (b) is liable for collecting gross retail tax from the customer on the tangible personal property if the contractor uses a time and materials contract, or when accruing and remitting state use tax on the purchase price of the tangible personal property if the contractor uses a lump sum contract.

(d) A contractor shall report the following to the department of state revenue, disaggregated by project, annually for each state fiscal year:

(1) The amount of state gross retail and use taxes paid or collected by a contractor with respect to tangible personal property incorporated into real property in a project located in the stadium development district.

(2) The issuing of any exemption certificates by the contractor under subsection (b).

A contractor shall report the information required under this subsection for a state fiscal year not later than the July 31 immediately following the end of the state fiscal year.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-7-18-40 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-40
Supervision of federally financed projects
Status: in_force

Sec. 40. Notwithstanding this chapter, a housing project wholly or partially financed by the federal government remains subject to supervision and control by the federal government.

[Pre-Local Government Recodification Citation: 18-7-11-24 part.]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-9-6.1-5 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-5
Plans, specifications, and contracts for proposed project; preparation and adoption
Status: in_force

Sec. 5. Plans, specifications, and contracts for a project proposed under section 4 of this chapter must be prepared, adopted, and let in the manner required by IC 36-9-36, except that the provisions of IC 36-9-36 for remonstrance by resident freeholders do not apply. Separate phases of a project may be included in separate plans and specifications, and the work on separate phases may be done by contract or otherwise, as separate improvements.

As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.12.
Ind. Code § 36-8-21.5-6 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-6
"Report"
Status: in_force

Sec. 6. As used in this chapter, "report" refers to a siren coverage report prepared by a county under section 11 of this chapter.

As added by P.L.89-2008, SEC.1.
Ind. Code § 36-1.5-4.1-10 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-10
"Township services district"
Status: in_force

Sec. 10. As used in this chapter, "township services district" means a service district that is located within the boundaries of the reorganized designated township in which the recipient municipality imposes a township services district levy.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-1-2-16 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-16
"Safety board"
Status: in_force

Sec. 16. "Safety board" means the board of public safety or board of public works and safety of a city.

[Pre-Local Government Recodification Citation: 18-4-12-1(e).]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.309, SEC.39.
Ind. Code § 36-9-4-20 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-20
Compensation of directors
Status: in_force

Sec. 20. A director of a public transportation corporation is entitled to:

(1) compensation of not more than one thousand two hundred dollars ($1,200) annually, as determined in the budget; and

(2) reimbursement for any expenses incurred in the interest of the board of directors.

[Pre-Local Government Recodification Citation: 19-5-2-12 part.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-10-12-9 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-9
Prerequisites for financial assistance
Status: in_force

Sec. 9. (a) A children's museum is not entitled to receive financial assistance under section 8 of this chapter until the governing body of the museum agrees with the board of school trustees, by proper resolution, to do the following:

(1) To allow the board of school trustees of a town furnishing financial assistance to the children's museum to nominate individuals eligible for membership on the board of trustees or other governing body of the museum. The children's museum must elect one (1) member from the list or lists of individuals nominated as a member of the board of trustees or other governing body of the children's museum. The member elected under this subdivision represents all towns.

(2) To grant free admission to the children's museum and galleries to all students and teachers of a town that furnishes financial assistance to the children's museum.

(3) To allow the use, at reasonable times and in reasonable ways, of the plant, equipment, and facilities of the children's museum to educate the students of the town.

(4) To allow the use of the services of the personnel of the children's museum, at reasonable times and in reasonable ways, under the direction of the children's museum, if the services are consistent with the regular established duties of the personnel.

(5) To allow the loan of suitable and available objects and items from the children's museum's collection to a school of the town to aid and supplement the curriculum of the school.

(b) A copy of the resolution must be filed in the office of the secretary of the board of school trustees before the children's museum receives financial assistance under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17-3.]

As added by P.L.1-2005, SEC.47. Amended by P.L.233-2015, SEC.345.
Ind. Code § 36-7-32.5-2 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-2
"Corporation"
Status: in_force

Sec. 2. As used in this chapter, "corporation" refers to the Indiana economic development corporation established by IC 5-28-3-1.

As added by P.L.135-2022, SEC.28.
Ind. Code § 36-9-40-25 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-25
Assessment installment payments due upon delinquency; collection of delinquent installments
Status: in_force

Sec. 25. Failure to pay an installment of principal or interest when the installment is due makes all installments of principal yet unpaid due and payable immediately, unless the unpaid installment of principal or interest is paid within the grace period provided. The county shall proceed to collect delinquent installments as delinquent taxes are collected.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-1.5-4.1-19 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-19
Recipient municipality maximum levy
Status: in_force

Sec. 19. For purposes of the property tax levy limits under IC 6-1.1-18.5, a tax levied by a recipient municipality under this chapter is included in the calculation of the maximum permissible property tax levy for the recipient municipality. For property taxes first due and payable in 2029, the recipient municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5 shall be increased by:

(1) the township's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5 for property taxes first due and payable in 2028; multiplied by

(2) the maximum levy growth quotient under IC 6-1.1-18.5-2 for property taxes first due and payable in 2029.

The recipient municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5 for property taxes first due and payable in 2029 as adjusted under this section shall be used in the determination of the recipient municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5 for property taxes first due and payable in 2030 and thereafter.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-9-27-40 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-40
Periodic maintenance of drains; notice and hearing on county surveyor's report and schedule of assessments; objections; publication of notice of final order
Status: in_force

Sec. 40. (a) The board shall fix a date, time, and place for a hearing on the maintenance report of the county surveyor and on the schedule of assessments, and shall prepare a written notice for each owner of land proposed to be assessed. The notice, which must describe the land to be assessed, must state:

(1) the name and identifying number by which the drainage proceedings are known;

(2) that the maintenance report of the county surveyor and the schedule of assessments made by the board have been filed and are available for public inspection in the office of the surveyor;

(3) that the county surveyor has estimated that the annual cost of periodically maintaining the drain is in the sum of __________ dollars;

(4) that the land of the owner is shown by the schedule of assessments to be annually assessed __________ percent of the total cost of periodically maintaining the drain;

(5) that the land of the owner is shown by the schedule of assessments to be annually assessed in the sum of __________ dollars for periodically maintaining the drain; and

(6) the date, hour, and place of the hearing before the board on the county surveyor's maintenance report and on the schedule of assessments.

(b) Not less than thirty (30) nor more than forty (40) days before the date of the hearing, the board shall mail a copy of the notice in a five (5) day return envelope to each owner named in the schedule of assessments.

(c) The board shall publish a notice in accordance with IC 5-3-1. The notice must:

(1) identify the drainage proceedings;

(2) be addressed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered; and

(3) state that:

(A) the maintenance report of the county surveyor and the schedule of assessments made by the board have been filed and are available for public inspection in the office of the county surveyor; and

(B) a hearing will be held before the board on the schedule of assessments, specifying the time and place of the hearing.

(d) Not less than five (5) days before the hearing, any owner of land named in the schedule of assessments may file with the board a written objection alleging that the objector is the owner of land assessed as benefited and the benefits assessed against the objector's land are excessive. Each objector may file written evidence in support of the objector's objection. The failure of an owner to file an objection constitutes a waiver of the owner's right to subsequently object, on the ground stated in this subsection, to any final action of the board.

(e) On or before the day of the hearing, the county surveyor shall, and any owner of land named in the schedule of assessments may, cause written evidence to be filed in support of or in rebuttal to any objection filed under subsection (d).

(f) The board shall consider the objections and evidence filed, may adjourn the hearing from day to day or to a day certain, and may issue an order permitting additional written evidence to be filed in support of or in rebuttal to the objections and evidence previously filed.

(g) After considering all objections and evidence, the board may amend the schedule of assessments as justice may require. Before final adjournment of the hearing, the board shall issue an order adopting the schedule of assessments as originally filed or as amended, mark the order filed, and publicly announce the order at the hearing. Immediately after that, the board shall publish a notice in accordance with IC 5-3-1. The notice must identify the drainage proceedings and state that the findings and order of the board have been filed and are available for inspection in the office of the county surveyor.

(h) If judicial review of the findings and order of the board is not requested under section 106 of this chapter within twenty (20) days after the date of publication of the notice, the order becomes conclusive.

(i) The notice required by subsections (a) and (b) for each owner of land proposed to be assessed is not required for a joint board that includes three (3) or more counties in a drainage basin that exceeds eighty thousand (80,000) acres, except that when the proposed assessment affects land owned by a public utility or railroad the requirements of subsections (a) and (b) shall be met as to the public utility or railroad.

[Pre-Local Government Recodification Citations: 19-4-4-3; 19-4-4-4; 19-4-4-5.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.76; P.L.370-1983, SEC.1; P.L.239-1996, SEC.1; P.L.127-2017, SEC.336.
Ind. Code § 36-7-4-1107 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1107
Children's home
Status: in_force

Sec. 1107. (a) This section applies to a children's home providing residential care for eleven (11) or more children that is operating in a residential area on January 1, 1992.

(b) As used in this section, "children's home" has the meaning set forth in IC 12-7-2.1-60(1).

(c) A zoning ordinance may not prevent improvements to a children's home on the grounds that:

(1) the children's home is a business; or

(2) the persons residing in the children's home are not related.

(d) Except as provided in subsection (c), a children's home must meet the same:

(1) zoning requirements;

(2) developmental standards; and

(3) building codes;

that apply to the improvement of residential structures in the same residential district or classification as the children's home.

(e) As used in this subsection, "tract" has the meaning set forth in IC 6-1.1-1-22.5. A children's home must comply with a restriction, reservation, condition, exception, or covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that:

(1) applies to the tract on which the children's home is located; and

(2) is in existence for that tract before the children's home acquires ownership or use of the tract.

As added by P.L.142-1992, SEC.1. Amended by P.L.1-1993, SEC.242; P.L.2-1995, SEC.131; P.L.145-2026, SEC.247.
Ind. Code § 36-8-21.5-13 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-13
County's siren coverage plan; required information; public hearings; adoption; effective date
Status: in_force

Sec. 13. (a) A county's siren coverage plan must contain the following information:

(1) The information included in the county's siren coverage report under section 11 of this chapter, including the following:

(A) Information concerning any areas in the county that are not within the range of an existing or a planned siren, as:

(i) identified by the county in its siren coverage report; and

(ii) updated or revised by the county as needed to provide an accurate and current assessment of the county's existing and planned sirens and need for additional sirens.

(B) Information concerning any areas in the county that are within the range of an existing siren if the department has determined that the existing siren does not provide consistent or adequate coverage for the area. As necessary, the county shall update the information provided under this clause as follows:

(i) To include any additional existing sirens that the county legislative body has determined do not provide consistent or adequate coverage for an area. The county shall provide the test, activation, or failure rate data to support its determination as may be required by a rule adopted by the department under this chapter.

(ii) To exclude any siren that the department has determined does not provide consistent or adequate coverage for an area. The county shall provide such proof as may be required by a rule adopted by the department under this chapter that the siren has been repaired or replaced.

(C) Any additional or revised information that:

(i) was not included in the county's siren coverage report; and

(ii) is necessary to provide an accurate and current assessment of the county's existing and planned sirens and need for additional sirens.

(2) An estimate of the nature and location of development that is expected to occur in each area identified under subdivision (1) during the ten (10) years immediately following the date of the adoption of the plan.

(3) An estimate of the type, location, and cost of the siren or sirens that are necessary to provide complete siren coverage for the areas identified under subdivision (1). The plan must indicate:

(A) the proposed timing and sequencing of the acquisition and installation of each siren; and

(B) the infrastructure agency that is responsible for acquiring and providing for the installation of each siren.

(4) A general description of the sources and amounts of money used to pay for any sirens installed in the county during the five (5) years immediately preceding the date of the plan.

(b) For each area in which the plan provides for the acquisition and installation of a siren, the plan must:

(1) provide for the acquisition and installation within the ten (10) years immediately following the date of the plan's adoption; and

(2) identify the revenue sources and estimate the amount of the revenue sources that the county intends to use to acquire and install the sirens identified under subsection (a)(3).

(c) In preparing, or causing to be prepared, the plan required by this section, the county:

(1) may consult with:

(A) the department; or

(B) a qualified engineer licensed to perform engineering services in Indiana; and

(2) shall consult with each:

(A) infrastructure agency; and

(B) planning agency;

with jurisdiction in an area described in subsection (a)(1).

(d) Before adopting the siren coverage plan prepared under this section, the county legislative body must do the following:

(1) Give notice of and hold at least one (1) public hearing on the plan.

(2) Publish, in accordance with IC 5-3-1, a schedule stating the time and place of each hearing. The schedule must also state where the entire plan is on file and may be examined in its entirety for at least ten (10) days before the hearing.

(e) After considering any comments made at the hearing required by subsection (d), the county legislative body shall:

(1) adopt the plan:

(A) as originally proposed; or

(B) as modified by the county legislative body after the hearing required by subsection (d); and

(2) submit the plan to the department.

(f) A siren coverage plan adopted under this section takes effect on January 1 after its adoption. Each unit having planning and zoning jurisdiction in an area described in subsection (a)(1) shall incorporate the siren coverage plan as part of the unit's comprehensive plan and capital improvement plan, as appropriate.

As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.172.
Ind. Code § 36-7-19-1 — Indiana Code / Title 36 / Article 7 / Chapter 19 / Section 36-7-19-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all political subdivisions.

[Pre-Local Government Recodification Citations: 18-7-12-3 part; 18-7-12-4 part.]

As added by Acts 1981, P.L.309, SEC.38.
Ind. Code § 36-1.5-4.1-20 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-20
Plan requirements
Status: in_force

Sec. 20. (a) The plan of reorganization governs the actions, duties, and powers of the recipient municipality and the designated township that are not specified by law.

(b) The plan of reorganization must be consistent with this chapter and include at least the following:

(1) A description of the township services provided by the recipient municipality and the service areas in which the services will be offered.

(2) The disposition of the personnel, the agreements, the assets, and, subject to section 28 of this chapter, the liabilities of the designated township, including the terms and conditions upon which the transfer of property and personnel will be achieved.

(3) Any other matter that the joint board determines to be necessary or appropriate or to include in the plan of reorganization.

(c) When the plan of reorganization is submitted to the recipient municipality by the joint board, the recipient municipality shall post a copy of the plan of reorganization on the website of the recipient municipality not more than seven (7) days after receiving the plan of reorganization from the joint board. If the plan of reorganization is amended, the recipient municipality shall post the amended plan on the website of the recipient municipality not later than seven (7) days after the amended plan is adopted.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-4-3-1.4 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-1.4
Annexation prohibited while reorganization pending
Status: in_force

Sec. 1.4. If a township is a participant in a proposed reorganization under IC 36-1.5-4-1(a)(2), IC 36-1.5-4-1(a)(7), or IC 36-1.5-4-1(a)(8), a municipality may not adopt an annexation ordinance annexing territory within the township within the period set forth in IC 36-1.5-4-45.

As added by P.L.202-2013, SEC.31.
Ind. Code § 36-1-15-4 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-4
Adjusted value
Status: in_force

Sec. 4. The adjusted value of the taxable property in a political subdivision is equal to the result determined under STEP TWO of the following formula:

STEP ONE: Determine the value of the taxable property within the political subdivision for the last assessment for state and county taxes using one hundred percent (100%) of true tax value.

STEP TWO: Divide the STEP ONE amount by three (3).

As added by P.L.6-1997, SEC.203.
Ind. Code § 36-7-15.6-23 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-23
Expired
Status: repealed

As added by P.L.159-2020, SEC.82. Expired 3-1-2022 by P.L.159-2020, SEC.82.
Ind. Code § 36-8-15-8 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-8
Purposes
Status: in_force

Sec. 8. The purposes of the district are the following:

(1) To provide and maintain modern, dependable, and efficient public safety communications systems within the district for the purpose of promoting the expeditious delivery of public services to the residents and taxpayers throughout the district in order to assure the public health, safety, morals, and general welfare.

(2) In a county having a consolidated city, to provide computers for the efficient functioning of governmental offices for the benefit of the residents and taxpayers throughout the district.

These purposes are public purposes for which public money may be spent and private property may be provided. The general assembly finds and declares that the facilities needed to accomplish these purposes are local public improvements.

As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.4.
Ind. Code § 36-1.5-3-5 — Indiana Code / Title 36 / Article 1.5 / Chapter 3 / Section 36-1.5-3-5
Savings through reorganization; budgets, rates, and levies; reductions in property tax levies, property tax rates, and budgets; school corporation reorganizations
Status: in_force

Sec. 5. (a) This subsection applies to the plan of reorganization of a political subdivision other than a school corporation. The plan of reorganization must specify the amount (if any) of the decrease that the department of local government finance shall make to the maximum permissible property tax levies, maximum permissible property tax rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 of the reorganized political subdivision to:

(1) eliminate double taxation for services or goods provided by the reorganized political subdivision; or

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

(b) This subsection applies to a plan of reorganization for a school corporation. The plan of reorganization must specify the adjustments that the department of local government finance shall make to the maximum permissible property tax levies, maximum permissible property tax rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 of the reorganized school corporation. The following apply to a school corporation reorganized under this article:

(1) The new maximum permissible tax levy under IC 20-46-8 (operations fund property tax levy) for the first calendar year in which the reorganization is effective equals the following:

STEP ONE: Determine for each school corporation that is part of the reorganization the sum of the maximum levies under IC 20-46-8 (operations fund property tax levy) for the ensuing calendar year, including the maximum levy growth quotient (IC 6-1.1-18.5-2) adjustment for the ensuing calendar year.

STEP TWO: Determine the sum of the STEP ONE amounts.

STEP THREE: Multiply the STEP TWO amount by one hundred three percent (103%).

(2) The new debt service levy under IC 20-46-7 for the first calendar year in which the reorganization is effective equals the sum of the debt service fund levies for each school corporation that is part of the reorganization that would have been permitted under IC 20-46-7 in the calendar year.

(c) The fiscal body of the reorganized political subdivision shall determine and certify to the department of local government finance the amount of the adjustment (if any) under subsection (a).

(d) The amount of the adjustment (if any) under subsection (a) or (b) must comply with the reorganization agreement under which the political subdivision or school corporation is reorganized under this article.

As added by P.L.186-2006, SEC.4. Amended by P.L.58-2011, SEC.3; P.L.255-2013, SEC.7; P.L.217-2017, SEC.159; P.L.238-2019, SEC.22; P.L.159-2020, SEC.76.
Ind. Code § 36-4-6-19 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-19
Loans and issuance of bonds; requirements
Status: in_force

Sec. 19. (a) The legislative body may, by ordinance, make loans of money and, subject to IC 5-1-11.5 and IC 5-11-1-4(c), issue bonds for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the city or for the payment of city debts.

(b) An ordinance adopted under this section:

(1) must include the terms of the bonds to be issued in evidence of the loan;

(2) must include the time and manner of giving notice of the sale of the bonds;

(3) must include the manner in which the bonds will be sold; and

(4) may authorize a total amount for any issue of bonds.

(c) Bonds issued under this section may be sold in parcels of any size and at any time their proceeds are needed by the city.

(d) Bonds issued and sold by a city under this section:

(1) are negotiable with or without registration, as may be provided by the ordinance authorizing the issue;

(2) may bear interest at any rate;

(3) may run not longer than thirty (30) years;

(4) may contain an option allowing the city to redeem them in whole or in part at specified times prior to maturity; and

(5) may be sold for not less than par value.

(e) The city fiscal officer shall:

(1) manage and supervise the preparation, advertisement, negotiations, and sale of bonds under this section, subject to the terms of the ordinance authorizing the sale;

(2) certify the amount the purchaser is to pay, together with the name and address of the purchaser;

(3) receive the amount of payment certified;

(4) deliver the bonds to the purchaser;

(5) take a receipt for the securities delivered;

(6) pay the purchaser's payment into the city treasury; and

(7) report the proceedings in the sale to the legislative body.

The actions of the fiscal officer under this subsection are ministerial.

[Pre-Local Government Recodification Citation: 18-1-4-3 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.173-2003, SEC.26; P.L.184-2015, SEC.16; P.L.244-2017, SEC.127.
Ind. Code § 36-7-2.5-2 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-2
"Applicant"
Status: in_force

Sec. 2. As used in this chapter, "applicant" means a person who applies for a permit.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-7-14.5-11 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-11
Purposes of authority; prohibitions
Status: in_force

Sec. 11. (a) The authority is organized for the following purposes:

(1) Financing, constructing, and leasing local public improvements to the commission.

(2) Financing and constructing additional improvements to local public improvements owned by the authority and leasing them to the commission.

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

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

(5) In a county having a United States government military base that is scheduled for closing or is completely or partially inactive or closed and if specified in the ordinance creating the authority or in another ordinance adopted by the executive body of the unit, an authority may exercise any of the powers of a redevelopment commission established under IC 36-7-14, including the establishment, in accordance with IC 36-7-14, of one (1) or more economic development areas in the county in addition to an economic development area established under section 12.5 of this chapter. However, an economic development area that includes any part of a military base described in section 12.5(a) of this chapter is subject to the requirements of section 12.5 of this chapter. An action taken by an authority under this subdivision shall be treated as if the action were taken under the law granting the power to the redevelopment commission.

(b) Notwithstanding any other provision of this chapter, after June 30, 2014:

(1) an authority; or

(2) any other entity:

(A) established by the authority; or

(B) controlled by the authority;

may not own, lease, or otherwise hold a single family dwelling or condominium unit for purposes of leasing for the use by individuals as a dwelling. In addition, an arrangement or agreement that is contrary to this section may not be extended beyond the term of the arrangement or agreement as in effect on June 30, 2014. However, an authority or entity covered by this section may own property in the capacity of a land bank for a unit.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1993, SEC.4; P.L.190-2005, SEC.10; P.L.1-2006, SEC.566; P.L.149-2014, SEC.24.
Ind. Code § 36-7-11.3-35 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-35
Prohibited actions
Status: in_force

Sec. 35. The commission may not take action on a petition, approve a proposed rezoning or zoning variance, or issue a certificate of appropriateness based upon verbal assurances or unwritten agreements or commitments made by a person concerning any of the following:

(1) A future use or development of the subject property.

(2) A restriction or limitation in the character, nature, or style of a contingent, possible, or proposed use or construction:

(A) for which the person seeks; or

(B) that would be permitted by;

the rezoning, zoning variance, or certificate of appropriateness.

(3) An undertaking concerning the planning, design, or implementation of a contingent or possible use or proposed construction.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-9-37-34 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-34
Bonds; tax exemption
Status: in_force

Sec. 34. Bonds issued in anticipation of the collection of special assessments for public improvements are exempt from taxation for all purposes.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-8-19-6.6 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-6.6
Adoption of merit system
Status: in_force

Sec. 6.6. A merit system may be adopted under IC 36-8-3.5 for a fire protection territory.

As added by P.L.207-2023, SEC.25.
Ind. Code § 36-3-4-9 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-9
Quorum
Status: in_force

Sec. 9. A majority of all the elected members of a legislative body constitutes a quorum.

[Pre-Local Government Recodification Citation: 18-4-5-1(f) part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-8-19-14 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-14
Payment of line of duty health care expenses for firefighters
Status: in_force

Sec. 14. (a) As used in this section, "firefighter" means a current or former full-time, paid firefighter.

(b) A provider unit shall pay for the care of a firefighter who:

(1) suffers an injury; or

(2) contracts an illness;

during the performance of the firefighter's duty.

(c) The provider unit shall pay for the following expenses incurred by a firefighter described in subsection (b):

(1) Medical and surgical care.

(2) Medicines and laboratory, curative, and palliative agents and means.

(3) X-ray, diagnostic, and therapeutic service, including during the recovery period.

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

(d) Expenditures required by subsection (b) or (c) shall be paid from the fund used by the provider unit for payment of the costs attributable to providing fire protection services in the provider unit.

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

(f) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A firefighter may recover medical benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If the firefighter pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the firefighter is not precluded from recovering medical benefits under this section.

As added by P.L.150-2002, SEC.5. Amended by P.L.118-2026, SEC.20.
Ind. Code § 36-9-29-14 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-14
County treasurer; duties
Status: in_force

Sec. 14. (a) The county treasurer shall act as treasurer of the flood control board and the flood control district. The county treasurer shall make all collections of the special benefit taxes levied by the board, without any additional compensation other than that allowable in the case of the collection of general taxes by the treasurer.

(b) The county treasurer shall give bond in the amount and with the surety prescribed by the flood control board. The cost of the bond shall be paid out of the revenues of the district.

[Pre-Local Government Recodification Citation: 19-4-18-7 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-8-11-14 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-14
Trustees; officers; quorum; approval of actions; compensation; offices; records
Status: in_force

Sec. 14. (a) At the first regular meeting each year, the trustees of the board shall elect a chair and vice chair from their number. The vice chair shall act as chair during the absence or disability of the chair.

(b) A majority of the trustees constitutes a quorum. An action of the board is official, however, only if it is authorized by a majority of the trustees at a regular or properly called special meeting.

(c) Each trustee may receive not more than one hundred dollars ($100) a day for each day devoted to the work of the district. In addition, each trustee may be reimbursed for actual expenses, including traveling expense at a rate equivalent to that provided by statute for state employees. Claims for expense reimbursement must be accompanied by an itemized written statement and approved by a recorded motion of the board.

(d) At the time the county legislative body initially appoints the board, it shall order where the board will maintain its offices. The offices may not be changed without approval of the legislative body. The board shall arrange for office space and keep a record of all transactions and minutes of all meetings in the office. All records and minutes shall be kept available for public inspection.

[Pre-Local Government Recodification Citation: 19-1-45-16.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.127-2017, SEC.269; P.L.4-2019, SEC.1.
Ind. Code § 36-10-9-14 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-14
Tax covenant with bond purchasers
Status: in_force

Sec. 14. (a) The Indiana general assembly covenants with the purchasers of any bonds or notes issued under this chapter that:

(1) the excise taxes pledged to the payment of those bonds and notes will not be repealed, amended, or altered in any manner that would reduce or adversely affect the levy and collection of those taxes; and

(2) it will not reduce the rates or amounts of those taxes;

as long as the principal of, or interest on, any bonds or notes is unpaid.

(b) The board, on behalf of the county, may make a similar pledge or covenant in any agreement with the purchasers of any bonds or notes issued under this chapter.

(c) For purposes of this section, the principal of or interest on bonds or notes is considered paid if provision has been made for their payment in such a manner that the bonds or notes are not considered to be outstanding under the resolution, ordinance, or trust agreement under which the bonds or notes are issued.

As added by Acts 1982, P.L.77, SEC.28.
Ind. Code § 36-9-27-46 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-46
Obstruction of drains; repair procedure
Status: in_force

Sec. 46. (a) When a regulated drain is obstructed or damaged by logs, trees, brush, unauthorized structures, trash, debris, excavating, filling, or pasturing livestock, or in any other way, the county surveyor shall immediately remove the obstruction and repair any damage.

(b) Notwithstanding subsection (a), if the obstruction or damage is caused by an owner of land affected by the drain, the county surveyor shall first mail a notice to the owner, with return receipt requested, requiring the owner to remove the obstruction and repair the damage. If the owner fails to comply within ten (10) days after receipt of the notice, the surveyor shall perform the work, and the cost of the work shall be paid out of the annual maintenance fund of the drain if one has been established, or, if no such fund has been established, out of the general drain improvement fund.

(c) If the obstruction or damage has been caused by the acts or omissions of an owner of land affected by the drain, the board may, after a hearing with written notice served on the owner, add an amount sufficient to pay for the damage to the next annual assessment made against the land of the owner. The board shall certify the assessment to the county auditor in the same manner as any other assessment.

(d) If the obstruction or damage is caused by the acts or omissions of a person other than the owner of land affected by the drain, the board may bring an action against that person in court. The board is entitled to recover the reasonable value of removing the obstruction and repairing the damage, plus a reasonable attorney's fee.

[Pre-Local Government Recodification Citation: 19-4-6-2.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-9-23-30.1 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-30.1
Exemption for septic tank soil absorption system or constructed wetland septic system outside municipal boundaries
Status: in_force

Sec. 30.1. (a) As used in this section, "constructed wetland septic system" means a residential sewage disposal system that includes:

(1) a septic tank or other type of primary wastewater treatment system; and

(2) a constructed wetland cell in which:

(A) effluent flows on top of soil or through a porous medium such as pea gravel;

(B) wetland plants are growing, and their roots and stems form a dense mat;

(C) suspended solids and trace metals in the effluent settle and are filtered; and

(D) organisms living in the water, on the soil or gravel, and on the stems and roots of the wetland plants feed on the organic materials and nutrients in the effluent.

(b) 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.

(c) 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 knowledge of onsite sewage systems sufficient to determine whether 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:

(A) the Indiana department of health; or

(B) the local health department with jurisdiction over the service area of the property inspected;

as having sufficient knowledge of onsite sewage systems to determine whether an onsite sewage system is failing.

(d) Subject to subsections (e) through (k), a property owner is exempt from the requirement to connect to a municipality's sewer system and to discontinue use of the property owner's sewage disposal system if all of the following conditions are met:

(1) The property of the property owner is located outside the boundaries of the municipality.

(2) The property owner's sewage disposal system on the property is a septic tank soil absorption system or constructed wetland septic system that:

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

(B) was approved in writing by the local health department.

(3) Within sixty (60) days after the property owner is notified under section 30 of this chapter that the municipality is requiring connection to its sewer system and discontinuance of use of the property owner's sewage disposal system, the property owner notifies the municipality in writing that the property owner is claiming the exemption provided by this section.

(4) The property owner, at the property owner's expense, obtains a written determination from:

(A) the local health department;

(B) the local health department's designee;

(C) if subsection (f) applies, a qualified inspector; or

(D) if subsection (g) applies, the board of the local health department;

that the septic tank soil absorption system or constructed wetland septic system is not failing.

(5) The property owner provides to the municipality a copy of the written determination described in subdivision (4) within one hundred twenty (120) days after the property owner is notified under section 30 of this chapter that the municipality is requiring connection to its sewer system and discontinuance of use of the property owner's sewage disposal system.

(e) If a property owner, within the time allowed under subsection (d)(3), notifies the municipality in writing that the property owner is claiming the exemption provided by this section, the municipality shall suspend the requirement that the property owner discontinue use of the property owner's sewage disposal system and connect to the municipality's sewer system until the property owner's eligibility for the exemption under this section is determined.

(f) The local health department or the designee of the local health department shall provide the property owner with a written determination under subsection (d)(4) within sixty (60) days after receiving the property owner's request for the determination. If the local health department or its designee fails to provide a written determination in response to a property owner's request under subsection (d)(4) within sixty (60) days after receiving the request, the property owner, at the property owner's expense, may obtain a written determination from a qualified inspector.

(g) If the local health department or the department's designee, in response to a property owner's request under subsection (d)(4), determines that a septic tank soil absorption system or constructed wetland septic system is failing, the property owner may appeal the determination to the board of the local health department. The decision of the board as to whether the septic tank soil absorption system or constructed wetland septic system is failing is final and binding for purposes of this section.

(h) If a property qualifies under subsections (d) through (g) for the exemption provided by this section:

(1) the property owner is exempt from the requirement to connect to the municipality's sewer system for a period of ten (10) years beginning on the date on which the property owner's septic tank soil absorption system or constructed wetland septic system described in subsection (d)(2) was installed; and

(2) the property owner may renew the initial ten (10) year exemption described in subdivision (1) by seeking to obtain not more than two (2) additional five (5) year exemptions after the initial exemption expires by meeting the conditions set forth in subsection (i) for each five (5) year exemption. Each additional exemption under this subdivision begins on the date the previous exemption would otherwise expire.

The total period during which a property owner may be exempt from the requirement to connect to a municipality's sewer system under this subsection may not exceed twenty (20) years.

(i) A property owner qualifies for an exemption renewal as described in subsection (h)(2) if all of the following conditions are met:

(1) The property continues to meet the conditions set forth in subsection (d)(1) through (d)(2).

(2) Not less than one hundred twenty (120) days before the expiration of:

(A) the property owner's initial exemption described in subsection (h)(1); or

(B) the property owner's previous renewal of an exemption described in subsection (h)(2);

the property owner notifies the municipality in writing that the property owner is seeking the renewal of an exemption under this section.

(3) The property owner, at the property owner's expense, obtains another written determination from:

(A) the local health department;

(B) the local health department's designee;

(C) a qualified inspector; or

(D) the board of the local health department;

as applicable, that the septic tank soil absorption system or constructed wetland septic system is not failing.

(4) The property owner provides to the municipality a copy of the written determination described in subdivision (3) not less than thirty (30) days before the expiration of the property owner's:

(A) initial exemption described in subsection (h)(1); or

(B) previous exemption renewal period described in subsection (h)(2).

The local health department or the designee of the local health department shall provide the property owner with a written determination under subdivision (3)(A) or (3)(B) within sixty (60) days after receiving the property owner's request for the determination. If the local health department or its designee fails to provide a written determination under subdivision (3)(A) or (3)(B) within sixty (60) days after receiving a property owner's request, the property owner, at the property owner's expense, may obtain a written determination from a qualified inspector under subdivision (3)(C). If the local health department or the department's designee determines that a septic tank soil absorption system or constructed wetland septic system is failing, the property owner may appeal the determination to the board of the local health department under subdivision (3)(D), but the decision of the board as to whether the septic tank soil absorption system or constructed wetland septic system is failing is final and binding for purposes of this section.

(j) If a property qualifies for the exemption provided by this section and ownership of the property is transferred during a valid exemption period, including an exemption renewal period described in subsection (h)(2):

(1) the exemption continues to apply to the property for the remainder of the exemption period during which the transfer occurs; and

(2) the transferee may apply for any exemption renewals under subsection (h)(2) that the previous property owner would have been entitled to apply for under this section.

(k) If a property owner whose property qualifies for an exemption under this section, including a transferee described in subsection (j), discontinues use of the property owner's septic tank soil absorption system or constructed wetland septic system and consents to the connection of the property to the municipality's sewer system, the property owner may not be required to pay more than the following to connect to the municipality's sewer system:

(1) The connection fee the property owner would have paid if the property owner had connected to the municipality's sewer system on the first date on which 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 municipality.

As added by P.L.107-2016, SEC.9. Amended by P.L.56-2023, SEC.336.
Ind. Code § 36-7.5-4.5-22 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-22
Duty to maximize amounts distributed to political subdivisions that would otherwise receive the revenue; public meeting
Status: in_force

Sec. 22. The development authority or redevelopment commission, in the case of a district located in a cash participant county, shall use its best efforts to maximize the amount of local income tax increment revenue and property tax increment revenue that will be distributed to the political subdivisions that would otherwise receive the revenue, taking into consideration the revenue needed by the development authority or the redevelopment commission for debt service, debt service coverage ratio requirements, excess reserve requirements, and anticipated cash needs for the near term. If a district is established in a member county, the development authority or redevelopment commission shall hold a public hearing once every three (3) years during the existence of a district to determine whether the amount of the local income tax increment revenue and property tax increment revenue to be distributed to the development authority or redevelopment commission in subsequent years with respect to the district should be:

(1) all the local income tax increment revenue or a percentage of the increment revenue; or

(2) all the property tax increment revenue or a percentage of the increment revenue.

The development authority or redevelopment commission shall adopt a resolution setting forth its determination. The resolution shall be transmitted to the budget director, the department, and each affected county auditor.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-9-29-8 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-8
Board of commissioners; membership; oath; removal and appointment; compensation; meeting; quorum; powers and duties; conflict of interest
Status: in_force

Sec. 8. (a) If a flood control district is established under this chapter, the construction of the flood control works shall be carried out under the control of a flood control board, to be known as "Board of Commissioners, ____________ Flood Control District" (designating the name of the city instituting the proceedings for the establishment of the district).

(b) The flood control board consists of:

(1) the members of the works board of the city petitioning for the establishment of the flood control district;

(2) the executive of each town included in whole or in part in the district;

(3) the executive of each township included in whole or in part in the district; and

(4) one (1) individual appointed by the executive of each town included in whole or in part in the flood control district if the town does not have a works board.

(c) Before entering upon the commissioner's duties, each commissioner of the flood control board shall take and subscribe the usual oath of office, and shall file it with the clerk of the circuit court.

(d) If any commissioner of the flood control board fails or refuses to qualify, or after qualifying fails or refuses to take part in the proceedings of the board, then the board, by a majority vote, may petition the circuit court for the appointment of a new commissioner. After a hearing and a showing of cause, the court may remove the offending commissioner. If the court removes a commissioner, the executive of the city shall appoint a new commissioner. The new commissioner must be a freeholder residing in the part of the district previously represented by the commissioner removed.

(e) Each commissioner of a flood control board is entitled to a salary fixed by the board, subject to the approval of the legislative body of the city petitioning for the establishment of the flood control district.

(f) Within ten (10) days after the entry of the decree establishing the flood control district, the commissioners of the flood control board shall meet at the office of the works board of the city petitioning for the establishment of the district, and shall organize by electing one (1) of their number president and one (1) vice president. These officers shall perform the duties usually pertaining to their offices, and shall serve for a period of one (1) year or until their successors are elected and qualified. The board shall also appoint a secretary pro tempore to keep the records of the proceedings until the board appoints a permanent secretary. The minutes of the board shall be kept in a permanent minute book, and the first entry in the book must be a copy of the decree establishing the district and fixing its boundaries.

(g) A majority of the commissioners of the flood control board constitutes a quorum for the transaction of any business. If the board consists of an even number of commissioners and there is a tie vote on any question, the executive of the city petitioning for the establishment of the flood control district shall be the determining vote in the event of the tie.

(h) The flood control board may:

(1) sue and be sued;

(2) exercise the power of eminent domain;

(3) adopt rules governing the holding of regular meetings, the calling of special meetings, methods of procedure, and similar matters; and

(4) perform all acts necessary and proper for carrying out the purposes of the flood control district.

(i) The office of the flood control board shall be maintained at the office of the works board of the city petitioning for the establishment of the district, or at another place furnished by the city. All records of the board shall be kept at the office and are public records, open to inspection by the public during business hours.

(j) A commissioner, appointee, or employee of the flood control board may not have any direct or indirect interest in any contract let by the board, or in the furnishing of supplies or materials to the board.

[Pre-Local Government Recodification Citation: 19-4-18-5.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.34; P.L.7-1983, SEC.42; P.L.127-2017, SEC.371; P.L.27-2021, SEC.1; P.L.236-2023, SEC.211.
Ind. Code § 36-9-15.5-5 — Indiana Code / Title 36 / Article 9 / Chapter 15.5 / Section 36-9-15.5-5
Repealed
Status: repealed

As added by P.L.44-1984, SEC.17. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-8-4.3-1 — Indiana Code / Title 36 / Article 8 / Chapter 4.3 / Section 36-8-4.3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a police or fire special service district created by IC 36-3-1-6.

As added by P.L.150-2002, SEC.1.
Ind. Code § 36-9-2-14 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-14
Waterworks
Status: in_force

Sec. 14. A unit may regulate the furnishing of water to the public. A unit also may establish, maintain, and operate waterworks.

[Pre-Local Government Recodification Citations: 18-1-1.5-7(i); 18-1-1.5-14(j); 18-4-2-16 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-9-27.8-1 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-1
"Executive"
Status: in_force

Sec. 1. As used in this chapter, "executive" means:

(1) the board of county commissioners, in the case of Johnson County; or

(2) the mayor, in the case of a consolidated city.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-9-27-97 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-97
Bond redemption fund; establishment; composition
Status: in_force

Sec. 97. (a) A bond redemption fund is established for each construction or reconstruction project for which the board authorizes the sale of bonds. The fund consists of all assessments paid by the owners assessed as benefited by the construction or reconstruction, and may be used only to redeem:

(1) the bonds issued to finance the construction or reconstruction; or

(2) any installment note given in lieu of bonds.

(b) The county auditor shall maintain a separate ledger sheet for all assessments to be received into each bond redemption fund.

[Pre-Local Government Recodification Citation: 19-4-7-3.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-4-408 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-408
Powers; executive committee
Status: in_force

Sec. 408. (a) Each plan commission may establish an executive committee of not less than three (3) nor more than nine (9) persons appointed by the commission from its membership. The establishment of the executive committee, the naming of its individual members, and the adoption of rules governing its operation requires a two-thirds (2/3) majority vote of the entire membership of the commission.

(b) A majority of the executive committee may act in the name of the commission; but if there are any dissenting votes, a person voting in the minority may appeal the decision of the executive committee to the commission.

[Pre-Local Government Recodification Citations: 18-7-4-408; 18-7-4-25 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.23.
Ind. Code § 36-7-31.5-5 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-5
Establishment of area; time; area changes; special taxing district
Status: in_force

Sec. 5. (a) A tax area must be initially established not later than July 1, 2024, according to the procedures set forth for the establishment of an economic development area under IC 36-7-15.1. A tax area may be changed or the terms governing the tax area revised in the same manner as the establishment of the initial tax area.

(b) In establishing or changing the terms of the tax area or revising the terms governing the tax area, the commission must make the following findings instead of the findings required for the establishment of economic development areas:

(1) That a project to be undertaken or that has been undertaken in the tax area is for a facility.

(2) That the project to be undertaken or that has been undertaken in the tax area will benefit the public health and welfare and will be of public utility and benefit.

(3) That the project to be undertaken or that has been undertaken in the tax area will protect or increase state and local tax bases and tax revenues.

(c) The tax area established by the commission under this chapter is a special taxing district authorized by the general assembly to enable the county to provide special benefits to taxpayers in the tax area by promoting economic development that is of public use and benefit.

As added by P.L.109-2019, SEC.16. Amended by P.L.11-2021, SEC.1.
Ind. Code § 36-9-27-58 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-58
Establishing new regulated drains; notice of hearing on petition
Status: in_force

Sec. 58. (a) Within seven (7) days after the attorney for the petitioner is served with notice of a hearing under section 57(e) of this chapter, the attorney for the petitioner shall prepare a written notice setting forth:

(1) the fact of the filing and pendency of the petition;

(2) the name and identifying number by which the petition is known;

(3) the general route of the proposed drain; and

(4) the date, hour, and place of the hearing before the board.

(b) The attorney for the petitioner shall, within the seven (7) day period, mail a copy of the notice in a five (5) day return envelope to each owner named in the petition.

(c) The attorney for the petitioner shall have a copy of the notice published in accordance with IC 5-3-1. The published notice shall be directed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered.

(d) On or before the day of the hearing, the attorney for the petitioner shall file with the board affidavits showing the mailing of the notices under subsection (b) and the publication of notice under subsection (c). The mailing and publication of the notice under this section constitute public notice to all owners of the pendency of the petition, whether or not they were individually named and notified, and are sufficient to give the board jurisdiction over those owners.

[Pre-Local Government Recodification Citation: 19-4-2-7.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.79; P.L.127-2017, SEC.347.
Ind. Code § 36-1-3-8 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-8
Powers specifically withheld
Status: in_force

Sec. 8. (a) Subject to subsection (b), a unit does not have the following:

(1) The power to condition or limit its civil liability, except as expressly granted by statute.

(2) The power to prescribe the law governing civil actions between private persons.

(3) The power to impose duties on another political subdivision, except as expressly granted by statute.

(4) The power to impose a tax, except as expressly granted by statute.

(5) The power to impose a license fee greater than that reasonably related to the administrative cost of exercising a regulatory power.

(6) The power to impose a service charge or user fee greater than that reasonably related to reasonable and just rates and charges for services.

(7) The power to regulate conduct that is regulated by a state agency, except as expressly granted by statute.

(8) The power to prescribe a penalty for conduct constituting a crime or infraction under statute.

(9) The power to prescribe a penalty of imprisonment for an ordinance violation.

(10) The power to prescribe a penalty of a fine as follows:

(A) More than ten thousand dollars ($10,000) for the violation of an ordinance or a regulation concerning air emissions adopted by a county that has received approval to establish an air permit program under IC 13-17-12-6.

(B) For a violation of any other ordinance:

(i) more than two thousand five hundred dollars ($2,500) for a first violation of the ordinance; and

(ii) except as provided in subsection (c), more than seven thousand five hundred dollars ($7,500) for a second or subsequent violation of the ordinance.

(11) The power to invest money, except as expressly granted by statute.

(12) The power to adopt an ordinance, a resolution, or an order concerning an election described by IC 3-5-1-2, or otherwise conduct an election, except as expressly granted by statute. An ordinance, a resolution, or an order concerning an election described by IC 3-5-1-2 that was adopted before January 1, 2023, is void unless a statute expressly granted the unit the power to adopt the ordinance, resolution, or order.

(13) The power to adopt or enforce an ordinance described in section 8.5 of this chapter.

(14) The power to take any action prohibited by section 8.6 of this chapter.

(15) The power to dissolve a political subdivision, except:

(A) as expressly granted by statute; or

(B) if IC 36-1-8-17.7 applies to the political subdivision, in accordance with the procedure set forth in IC 36-1-8-17.7.

(16) After June 30, 2019, the power to enact an ordinance requiring a solid waste hauler or a person who operates a vehicle in which recyclable material is transported for recycling to collect fees authorized by IC 13-21 and remit the fees to:

(A) a unit; or

(B) the board of a solid waste management district established under IC 13-21.

(b) A township does not have the following, except as expressly granted by statute:

(1) The power to require a license or impose a license fee.

(2) The power to impose a service charge or user fee.

(3) The power to prescribe a penalty.

(c) Subsection (a)(10)(B)(ii) does not apply to the violation of an ordinance that regulates traffic or parking.

[Pre-Local Government Recodification Citations: 17-2-2.5-3 part; 17-2-2.5-4 part; 18-1-1.5-1 part; 18-1-1.5-4; 18-1-1.5-13 part; 18-1-1.5-19 part; 18-1-1.5-20 part; 18-3-1-47 part; 18-3-1-49 part; 18-4-2-2 part; 18-4-2-3; 18-4-2-35(b); 18-4-2-35(c); 19-10-3-1.]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.17, SEC.3; P.L.123-1987, SEC.2; P.L.3-1987, SEC.540; P.L.3-1990, SEC.122; P.L.251-1993, SEC.4; P.L.164-1995, SEC.14; P.L.1-1996, SEC.84; P.L.200-2005, SEC.4; P.L.13-2013, SEC.148; P.L.150-2016, SEC.1; P.L.189-2016, SEC.5; P.L.19-2019, SEC.3; P.L.4-2023, SEC.1.
Ind. Code § 36-9-3-12 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-12
Controller
Status: in_force

Sec. 12. (a) The board shall appoint a person to act as controller for the authority.

(b) The controller shall give bond in the sum and with the conditions prescribed by the board, and with surety to the approval of the board. The bond must be filed and recorded in the office of the county recorder for the county in which the office of the authority is located.

(c) The term of office of the controller is one (1) year, and the controller may be appointed for additional terms of one (1) year each.

(d) All money payable to the authority must be paid to the controller, who shall deposit it in the manner prescribed by IC 5-13-6. The money deposited may be invested under the applicable statutes, including IC 5-13-9.

(e) The controller shall keep an accurate account of all appropriations made and all taxes levied by the authority, all money owing or due to the authority, and all money received and disbursed.

(f) The board may authorize the controller to pay a per diem in advance to a public transportation employee or board member who will attend a training session or other special meeting required as a duty of the public transportation employee or board member.

[Pre-Local Government Recodification Citation: 19-5-2.5-9.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.19-1987, SEC.52; P.L.327-1995, SEC.1; P.L.127-2017, SEC.275.
Ind. Code § 36-12-12-2 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-2
Capital projects fund
Status: in_force

Sec. 2. (a) A library district may establish a capital projects fund.

(b) With respect to a facility used or to be used by the library district, the fund may be used to pay for the following:

(1) Planned construction, repair, replacement, or remodeling.

(2) Site acquisition.

(3) Site development.

(4) Repair, replacement, or site acquisition that is necessitated by an emergency.

(c) Money in the fund may be used to pay for the purchase, lease, or repair of equipment to be used by the library district.

(d) The fund may be used to pay for the purchase, lease, upgrading, maintenance, or repair of computer hardware or software.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-4.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7.5-7-11 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-11
Goals for the participation of minority business enterprises and women's business enterprises; hiring
Status: in_force

Sec. 11. (a) With respect to projects undertaken by the development authority under this chapter, the development authority shall set a goal for participation by minority business enterprises of fifteen percent (15%) and women's business enterprises of five percent (5%), consistent with the goals of delivering the project on time and within the budgeted amount and, insofar as possible, using Indiana businesses for employees, goods, and services. In fulfilling the goal, the development authority shall take into account historical precedents in the same market.

(b) In addition to the provisions of subsection (a), with respect to construction and demolition projects undertaken by the development authority under this chapter, the development authority shall set a goal for hiring at least twenty percent (20%) of employees from local units:

(1) located within the boundaries of the development authority; and

(2) with an unemployment rate that exceeds the statewide unemployment rate by more than twenty percent (20%).

As added by P.L.195-2023, SEC.7.
Ind. Code § 36-7-40-6.5 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-6.5
Person engaged in renting or furnishing lodgings for periods of less than 30 days; fee
Status: in_force

Sec. 6.5. A person who is:

(1) engaged in the business of renting or furnishing, for periods of less than thirty (30) days, any lodgings:

(A) in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which lodgings are regularly furnished for a consideration; and

(B) that are located in an economic enhancement district established under this chapter; and

(2) liable for a special benefits assessment under this chapter for the property described in subdivision (1);

may charge a fee of not more than one dollar ($1) per night to each person who rents the lodgings described in subdivision (1) to be used toward payment of the special benefits assessment.

As added by P.L.230-2025, SEC.145.
Ind. Code § 36-1.5-4-12 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-12
Action by legislative body on proposed reorganization; hearing
Status: in_force

Sec. 12. (a) If a petition is certified to the legislative body of a political subdivision under section 11 of this chapter, the legislative body shall conduct a public hearing on the proposed reorganization not sooner than five (5) days after publishing a notice of the public hearing under IC 5-3-1. Not more than thirty (30) days after the conclusion of the public hearing the legislative body shall adopt a resolution, substantially in the form prescribed by the department of local government finance, to do any of the following:

(1) Decline to participate in the proposed reorganization.

(2) Propose a reorganization with the political subdivisions named in the petition.

(3) Propose a reorganization with political subdivisions that differ in part or in whole from the political subdivisions named in the petition.

(b) The clerk of the political subdivision adopting a resolution proposing a reorganization under this section shall certify the resolution to the clerk of each political subdivision named in the resolution.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.5.
Ind. Code § 36-9-23-28 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-28
Deposit to ensure payment of fees; amount of deposit; refund; forfeiture; use to pay judgment; unclaimed deposits
Status: in_force

Sec. 28. (a) The legislative body of a municipality that operates sewage works under this chapter may, by ordinance, require the owners, lessees, or users of property served by the works to pay a deposit to ensure payment of sewer fees.

(b) The deposit required may not exceed the estimated average payment due from the property served by the sewage works for a three (3) month period. The deposit must be retained in a separate fund.

(c) The deposit, less any outstanding penalties and service fees, shall be refunded to the depositor after a notarized statement from the depositor that as of a certain date the property being served:

(1) has been conveyed or transferred to another person; or

(2) no longer uses or is connected with any part of the municipal sewage system.

A statement under subdivision (1) must include the name and address of the person to whom the property is conveyed or transferred.

(d) If a depositor fails to satisfy costs and fees within sixty (60) days after the termination of the depositor's use or ownership of the property served, the depositor forfeits the depositor's deposit and all accrued interest. The forfeited amount shall be applied to the depositor's outstanding fees. Any excess that remains due after application of the forfeiture may be collected in the manner prescribed by section 31 or 32 of this chapter.

(e) A deposit may be used to satisfy all or part of any judgment awarded the municipality under section 31 of this chapter.

(f) A deposit made under this section that has remained unclaimed by the depositor for more than seven (7) years after the termination of the services for which the deposit was made becomes the property of the municipality. IC 32-34-1.5 (unclaimed property) does not apply to a deposit described in this subsection.

[Pre-Local Government Recodification Citation: 19-2-5-20 part.]

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.236-1993, SEC.2; P.L.31-1995, SEC.8; P.L.2-2002, SEC.123; P.L.127-2017, SEC.315; P.L.141-2021, SEC.24.
Ind. Code § 36-7-11.2-16 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-16
"Society" defined
Status: in_force

Sec. 16. As used in this chapter, "society" refers to the Indiana historical society or the successor to the society.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-9-27.4-11 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-11
Filing fee
Status: in_force

Sec. 11. The drainage board may require, as a condition of filing a petition under this chapter, the payment of a filing fee. The drainage board may not set the filing fee at an amount greater than is reasonably necessary to defray the expenses incurred by the board in processing a petition.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-7-11.2-63 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-63
Private right of action with respect to Meridian Street or bordering property
Status: in_force

Sec. 63. (a) Each interested party:

(1) has a private right of action to:

(A) enforce; and

(B) prevent violation of;

this chapter; and

(2) may, with respect to Meridian Street or bordering property:

(A) restrain or enjoin, temporarily or permanently, a person from violating; and

(B) enforce by restraining order or injunction;

this chapter.

(b) The powers described in subsection (a) include the following:

(1) To enforce written commitments, agreements, or covenants made in accordance with or under this chapter.

(2) To prevent and obtain full relief from a threatened or existing violation of section 59, 60, 61, or 62 of this chapter.

(3) To prevent:

(A) a person from seeking or having the benefits of; or

(B) a governmental body from granting;

a rezoning of or zoning variance for Meridian Street or bordering property for which the commission or development commission for rezoning has not granted prior approval in the manner required by this chapter.

(4) To:

(A) prevent construction, reconstruction, alteration, or demolition work upon; and

(B) obtain full relief from work previously done upon;

Meridian Street property for which a certificate of appropriateness was required but was not issued by the commission. A showing that issuance of certificates of appropriateness for the work could not properly have been denied by the commission if a proper application had been made is a complete defense to an action under this subdivision.

(5) To prevent further construction work upon and obtain full relief from construction work previously done upon Meridian Street property that fails in a substantial manner to comply with all the terms and conditions:

(A) of a certificate of appropriateness issued by the commission; or

(B) of the petition and documents filed with the commission upon which the commission is presumed to have based approval of the certificate.

(6) To prevent usage of Meridian Street or bordering property for which a rezoning or zoning variance:

(A) would be required; and

(B) has not been obtained.

(7) To prevent a violation of the terms and conditions of the approval by the commission of a zoning variance as petitioned for and obtained from the commission.

(c) For purposes of obtaining relief sought under this section, it is not necessary to allege or prove irreparable harm or injury to a person or property. A person entitled to bring an action under this section is not required to post a bond unless the court, after a hearing, determines that a bond should be required in the interests of justice. A person who brings an action under this section is not, however, liable to a person for any damages resulting from the bringing or prosecuting of the action unless the action was not brought:

(1) in good faith; or

(2) in the reasonable belief that:

(A) this chapter; or

(B) a commitment, an agreement, or a covenant entered into under section 42 of this chapter;

had been or was about to be violated or breached.

(d) The person against whom an action is brought under subsection (a) is liable to the interested party bringing the action for reasonable attorney's fees and court costs if judgment is entered by the court against the person.

(e) An action arising under this section must be brought in the circuit or superior court of Marion County, and a change of venue from the county is not permitted.

(f) The remedy provided in this section is not exclusive but is cumulative to any other remedies available at law or equity.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-20.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-9-36-5 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-5
Estimate of costs; incidental, inspection, and engineering costs
Status: in_force

Sec. 5. (a) If an improvement is to be paid for in whole or in part by special assessments levied against the property to be benefited by the improvement, the works board must adopt and file an estimate of the cost of the public improvement.

(b) The estimate may include all incidental, inspection, and engineering costs caused by the proposed improvement. However, the estimate of the costs to be paid by special assessment may not include the following:

(1) Salaries and expenses of the necessary and regularly employed personnel of the engineering department of the unit.

(2) Ordinary operating costs of the department.

(c) If the works board finds that it is necessary to employ additional engineering services for a particular improvement, the cost of the additional service actually performed in connection with the improvement may be included in the estimate.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-8-16.7-46 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-46
Knowing or intentional placement of 911 calls for prohibited purposes
Status: in_force

Sec. 46. A person who knowingly or intentionally places a 911 call:

(1) for a purpose other than obtaining public safety assistance or emergency services; or

(2) to avoid communications service charges or fees;

commits a Class A misdemeanor.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-5-6.5-1 — Indiana Code / Title 36 / Article 5 / Chapter 6.5 / Section 36-5-6.5-1
Application; town with certain population; adoption of ordinance
Status: in_force

Sec. 1. This chapter applies only to a town that:

(1) has a population of thirty-four thousand (34,000) or more; and

(2) adopts an ordinance under this chapter.

As added by P.L.56-2022, SEC.9.
Ind. Code § 36-7-36-9 — Indiana Code / Title 36 / Article 7 / Chapter 36 / Section 36-7-36-9
Notice and order by enforcement authority to owner of vacant or abandoned structure; ordered action
Status: in_force

Sec. 9. If an enforcement authority determines that a vacant structure or an abandoned structure exists, an abatement notice and order may be sent to the owner that directs the owner to:

(1) abate the vacant structure or abandoned structure by cleaning and securing or boarding up the vacant structure or abandoned structure and the premises upon which it is located; and

(2) erect fences, barriers, berms, or other suitable means to discourage:

(A) access to the vacant structure or abandoned structure; and

(B) illegal dumping or littering on the premises upon which the vacant structure or abandoned structure exists.

As added by P.L.88-2009, SEC.15.
Ind. Code § 36-9-37-40 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-40
Money collected as special assessments; disposition after five years
Status: in_force

Sec. 40. (a) If:

(1) all or part of any money collected as nonwaivered special assessments for public improvements has been in the possession of the municipal fiscal officer for at least five (5) years; and

(2) a demand for the money has not been made by a party entitled to the money within one (1) year preceding the end of the five (5) year period;

the municipal fiscal officer shall prepare a detailed list of the unclaimed money.

(b) The fiscal officer shall then give notice of the list by publication in the manner prescribed by section 39 of this chapter.

(c) At the expiration of the thirty (30) day redemption period provided by section 39 of this chapter, the municipal fiscal officer shall transfer and pay all of the unclaimed money into the general fund of the municipality. Money transferred under this subsection may be used and expended in the same manner as other money in the general fund is used and expended.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-1-2-5 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-5
"Executive"
Status: in_force

Sec. 5. "Executive" means the following:

(1) The board of commissioners, for a county that does not have a consolidated city.

(2) The mayor of the consolidated city, for a county having a consolidated city.

(3) The mayor, for a city.

(4) The president of the town council, for a town.

(5) The trustee, for a township.

(6) The superintendent, for a school corporation.

(7) The chief executive officer, for any other political subdivision.

[Pre-Local Government Recodification Citation: 18-5-1.5-2(c).]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.8-1989, SEC.93; P.L.77-2014, SEC.9; P.L.278-2019, SEC.178.
Ind. Code § 36-10-9-11 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-11
Capital improvement bond fund
Status: in_force

Sec. 11. (a) If there are any outstanding bonds or notes issued under this chapter and secured in whole or in part by money deposited in the capital improvement bond fund, the treasurer of the board shall, except as otherwise provided in this section, deposit the following amounts in a separate and distinct fund called the "capital improvement bond fund":

(1) Excise tax proceeds received by the treasurer.

(2) Net income transferred to the capital improvement bond fund under section 10 of this chapter.

(3) Any other amounts received for deposit in the capital improvement bond fund.

(b) Principal and interest subaccounts shall be maintained in the capital improvement bond fund. The lesser of the following amounts shall be deposited in the principal and interest subaccounts:

(1) The total of the amounts listed in subsection (a).

(2) The total of the following amounts:

(A) In the principal and interest subaccount for the pre-1981 general obligation bonds, the amount required to provide sufficient funds to pay the principal of and interest coming due within the next twelve (12) months on the pre-1981 general obligation bonds.

(B) In the principal and interest subaccounts for all outstanding bonds and notes issued under this chapter, other than the pre-1981 general obligation bonds, the amounts required by the resolutions, ordinances, and trust agreements under which the bonds or notes are issued.

The deposits shall be made pro rata as between pre-1981 general obligation bonds, if any, and all other bonds and notes issued under this chapter. Deposits to principal and interest subaccounts for notes and for bonds, other than pre-1981 general obligation bonds, shall be made in the manner and in the order of priority that is provided in the resolutions, ordinances, and trust agreements under which the bonds or notes are issued. Amounts in a principal and interest subaccount may be used solely to pay the principal of and interest on the issue or issues of bonds or notes for which the principal and interest subaccount was established.

(c) The treasurer of the board shall maintain in the capital improvement bond fund a bond reserve subaccount for the pre-1981 general obligation bonds. The treasurer shall maintain the subaccount in an amount equal to the maximum amount of principal and interest coming due on the pre-1981 general obligation bonds in any subsequent year. Reserve subaccounts shall also be maintained for other bonds and for notes secured in whole or in part by money deposited in the capital improvement bond fund; these subaccounts shall be maintained to the extent and in the amount required by the resolutions, ordinances, and trust agreements under which the bonds or notes are issued. Amounts described in subsection (a) that are not required to be deposited in principal and interest subaccounts under subsection (b) shall be deposited in the reserve subaccounts to the extent of any deficiency in those subaccounts. The deposits shall be made pro rata as between the reserve subaccount for pre-1981 general obligation bonds and all other reserve subaccounts. Deposits to the reserve subaccounts for notes and for bonds, other than pre-1981 general obligation bonds, shall be made in the manner and in the order of priority that is provided in the resolutions, ordinances, and trust agreements under which the bonds or notes are issued. Subject to subsection (e), amounts in a reserve subaccount may be used solely to pay the principal of and interest on the issue or issues of bonds or notes for which the reserve subaccount was established and only to the extent amounts in the principal and interest subaccount for the issue or issues of bonds or notes are not sufficient for that purpose.

(d) Amounts described in subsection (a) that are not required to be deposited in principal and interest subaccounts or bond reserve subaccounts under subsections (b) and (c) shall be deposited in the capital improvement fund rather than the capital improvement bond fund.

(e) Unless otherwise provided in any resolution, ordinance, or trust agreement under which bonds or notes are issued, amounts in the capital improvement bond fund in excess of the amount required by this section to be on deposit in that fund shall be transferred to the capital improvement fund.

(f) The principal and interest subaccount and bond reserve subaccount for the pre-1981 general obligation bonds shall be held by the treasurer of the board. Other principal and interest subaccounts and bond reserve subaccounts shall be held by the treasurer or by an escrow agent, depository, or trustee provided in the resolutions, ordinances, or trust agreements establishing the subaccounts. One (1) principal and interest subaccount or bond reserve subaccount may be established for two (2) or more issues of bonds or notes.

(g) Amounts in the capital improvement bond fund on June 1, 1981, shall be first used to establish the principal and interest subaccount for the pre-1981 general obligation bonds in the required amount and then to establish the bond reserve subaccount for those bonds in the required amount. Any excess remaining shall be deposited in the capital improvement fund.

(h) For purposes of this section and section 10 of this chapter, bonds issued under section 15 of this chapter shall be considered to be secured by money deposited in the capital improvement bond fund, if provided in the resolution, ordinance, or trust agreement providing for the issuance of the bonds.

As added by Acts 1982, P.L.77, SEC.28.
Ind. Code § 36-12-7-8 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-8
Certain libraries established by private donation; tax levy; report
Status: in_force

Sec. 8. (a) As used in this section:

(1) "county fiscal body" means the fiscal body of a county in which a private donation library is located;

(2) "library board" means a library board established under IC 20-14 (before its repeal) or this article in a county in which a private donation library is located; and

(3) "private donation library" means a public library:

(A) established by private donation;

(B) located in a city having a population of more than one hundred ten thousand (110,000) and less than one hundred fifty thousand (150,000);

(C) that contains at least twenty-five thousand (25,000) volumes;

(D) that has real property valued at at least one hundred thousand dollars ($100,000); and

(E) that is open and free to the residents of the city.

(b) The library board shall:

(1) levy a tax under IC 6-1.1 in an amount not less than sixty-seven hundredths of one cent ($0.0067) and not more than one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of the assessed valuation of all the real and personal property in the county;

(2) keep the tax levied under subdivision (1) separate from all other funds of the library board; and

(3) use the tax levied under subdivision (1):

(A) if the membership of the trustees of the private donation library includes at least one (1) member or appointee of the library board and at least one (1) appointee of the county fiscal body, for distributions of the full amounts of the tax received to the trustees of the private donation library at the time the tax is received by the library board; or

(B) if the membership of the trustees of the private donation library does not include at least one (1) member or appointee of the library board and at least one (1) appointee of the county fiscal body, at the discretion of the library board for:

(i) library board purposes; or

(ii) quarterly distributions to the trustees of the private donation library.

(c) If requested by the trustees of the private donation library, the library board shall designate a member of the library board or appoint an individual to serve as a trustee of the private donation library. If requested by the trustees of the private donation library, the county fiscal body shall appoint an individual to serve as a trustee of the private donation library.

(d) The trustees of the private donation library shall annually submit a budget to the library board.

(e) The trustees of the private donation library shall expend amounts received under subsection (b)(3)(A) or (b)(3)(B)(ii) for the support, operation, and maintenance of the private donation library. The trustees shall:

(1) keep the money separate from all other funds;

(2) record:

(A) the amount of money received;

(B) to whom and when the money is paid out; and

(C) for what purpose the money is used;

in a book kept by the trustees; and

(3) make an annual report of the matters referred to in subdivision (2) to the library board.

(f) For purposes of the property tax levy limits under IC 6-1.1-18.5, the tax levied by the library board under subsection (b)(1) is not included in the calculation of the maximum permissible property tax levy for the public library.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-6.]

As added by P.L.1-2005, SEC.49. Amended by P.L.214-2005, SEC.76; P.L.1-2010, SEC.155; P.L.119-2012, SEC.251; P.L.11-2023, SEC.135.
Ind. Code § 36-7-5.1-5 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-5
Municipal and county joint district planning and zoning commission
Status: in_force

Sec. 5. (a) The legislative bodies of one (1) or more municipalities (meeting the population and proximity requirements under section 9 of this chapter) and one (1) or more counties may establish, by identical ordinances, a joint district planning and zoning commission. The ordinances must specify the following:

(1) The legal name of the commission.

(2) The boundaries of the joint district.

(3) The duration of the commission.

(4) Any other information necessary to form the commission.

(b) A municipality having a population of more than three thousand (3,000) and less than fifteen thousand (15,000) may pass an ordinance to establish a joint district for any territory that is located:

(1) in the municipality; or

(2) within five (5) miles of the municipality's corporate boundaries.

(c) A municipality having a population of more than twenty-five thousand (25,000) and less than fifty thousand (50,000) may pass an ordinance to establish a joint district for any territory that is located:

(1) in the municipality; or

(2) within ten (10) miles of the municipality's corporate boundaries.

(d) When the boundaries of a proposed joint district include real property lying within the corporate boundaries of a municipality, the municipality is subject to the jurisdiction of the joint district and the provisions of this chapter only if the municipality adopts an ordinance under subsection (a).

(e) After the boundaries and duration of a joint district have been established under subsection (a), the boundaries and the duration may not be changed.

As added by P.L.300-1989, SEC.2. Amended by P.L.11-2023, SEC.118.
Ind. Code § 36-7-4-1341 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1341
Delay of new development pending fee process
Status: in_force

Sec. 1341. A unit may not prohibit or delay new development to wait for the completion of all or a part of the process necessary for the development, adoption, or updating of an impact fee.

As added by P.L.221-1991, SEC.42.
Ind. Code § 36-7-29-7 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-7
"Responsible person" defined
Status: in_force

Sec. 7. As used in this chapter, "responsible person" has the meaning set forth in IC 13-11-2-192(b).

As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.89.
Ind. Code § 36-1-4-7 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-7
Contracts
Status: in_force

Sec. 7. A unit may enter into contracts.

[Pre-Local Government Recodification Citations: 18-1-1.5-2(5); 18-4-2-10.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-5-7-4 — Indiana Code / Title 36 / Article 5 / Chapter 7 / Section 36-5-7-4
Chief police officer; powers and duties
Status: in_force

Sec. 4. The marshal is the chief police officer of the town and has the powers of other law enforcement officers in executing the orders of the legislative body and enforcing laws. The marshal or the marshal's deputy:

(1) shall serve all process directed to the marshal or deputy by the town court or legislative body;

(2) shall arrest without process all persons who commit an offense within the marshal's or deputy's view, take them before a court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;

(3) shall suppress breaches of the peace;

(4) may, if necessary, call the power of the town to the marshal's or deputy's aid;

(5) may execute search warrants and arrest warrants; and

(6) may pursue and jail persons who commit an offense.

[Pre-Local Government Recodification Citations: 18-3-1-20 part; 18-3-1-32.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.152.
Ind. Code § 36-7-13-5.5 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-5.5
Sales or leases of property acquired for industrial development
Status: in_force

Sec. 5.5. (a) This section does not apply to sales, leases, or other dispositions of real property to other public agencies for public purposes.

(b) Before offering for sale or lease to the public any of the real property acquired under this chapter, the advisory commission on industrial development shall have two (2) separate appraisals of the sale value, or rental value in case of a lease, made by independent appraisers. In making appraisals, the appraisers shall take into consideration the size, location, and physical condition of the parcels and all other factors having a bearing on the value of the parcels. The appraisals are solely for the information of the commission, the unit's executive, and the unit's legislative body and are not open for public inspection.

(c) The commission shall then prepare an offering sheet showing the parcels to be offered and the offering prices, which may not be less than the average of the two (2) appraisals. Copies of the offering sheets shall be furnished to prospective buyers on request. Maps and plats showing the size and location of all parcels to be offered shall also be kept available for inspection at the office of the commission or the unit's legislative body.

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

(1) state the general location of the parcels;

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

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

(A) beneficiary of the trust; and

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

(e) At the time fixed in the notice the commission shall open and consider any offers received. All offers received shall be opened at public meetings of the commission and shall be kept open for public inspection.

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

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

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

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

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

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

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

(g) The legislative body may contract with a bidder with regard to the factors listed in subsection (f). The contract may provide for the deposit of surety bonds, the making of good faith deposits, liquidated damages, the right of repurchase, or other rights and remedies if the bidder fails to comply with the contract. A conveyance under this chapter may not be made until the agreed consideration has been paid.

(h) After the opening and consideration of the written offers filed in response to the notice, the legislative body may dispose of the remainder of the available real property either at public sale or by private negotiation. For a period of ninety (90) days after the opening of the written offers, a sale or lease may not be made at a price or rental less than that shown on the offering sheet. After that period, the commission may adjust the offering prices in the manner it considers necessary to further industrial development.

As added by P.L.214-1986, SEC.2. Amended by P.L.336-1989(ss), SEC.50; P.L.262-1993, SEC.5.
Ind. Code § 36-8-10-17 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-17
Police benefit fund
Status: in_force

Sec. 17. (a) The death benefit, the disability benefit, and the dependents' pension may be operated as one (1) fund, known as the police benefit fund, under the terms of a supplementary trust agreement between the department and the trustee for the exclusive benefit of employee beneficiaries and their dependents.

(b) The trustee receives and holds as trustee for the uses and purposes set out in the supplementary trust agreement all money paid to it as trustee by the department or by other persons.

(c) The trustee may, under the terms of the supplementary trust agreement, pay the necessary premiums for insurance, pay benefits, or pay both as provided by this chapter.

(d) The trustee shall hold, invest, and reinvest the police benefit fund in investments that are permitted by statute for the investment of trust funds and other investments that are specifically designated in the supplementary trust agreement.

(e) Within ninety (90) days after the close of the fiscal year, the trustee, with the assistance of the pension engineers, shall prepare and file with the department a detailed annual report showing receipts, disbursements, and case histories, and making recommendations regarding the necessary contributions required to keep the program in operation. Contributions by the department shall be provided in the general appropriations to the department. However, these contributions are not required for plans established or modifications adopted after June 30, 1989, under sections 14 through 16 of this chapter unless the establishment or modification is approved by the county fiscal body.

[Pre-Local Government Recodification Citation: 17-3-14-15.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.313-1989, SEC.8; P.L.146-2015, SEC.38.
Ind. Code § 36-8-29.1-2 — Indiana Code / Title 36 / Article 8 / Chapter 29.1 / Section 36-8-29.1-2
Application
Status: in_force

Sec. 2. This chapter does not apply to a merit board or commission established under IC 36-8-3.5.

As added by P.L.137-2026, SEC.1.
Ind. Code § 36-10-2-2 — Indiana Code / Title 36 / Article 10 / Chapter 2 / Section 36-10-2-2
Recreation facilities and programs
Status: in_force

Sec. 2. A unit may establish, aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs.

[Pre-Local Government Recodification Citations: 18-1-1.5-14(a); 18-3-1-46 part; 18-4-2-8 part.]

As added by Acts 1980, P.L.211, SEC.5.
Ind. Code § 36-2-11-23 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-23
Official seal
Status: in_force

Sec. 23. (a) The recorder shall use an official seal in attesting an instrument when appropriate to seal the instrument. Before the recorder uses the recorder's official seal, the recorder shall file the impression of the seal and a verified description of that impression in the office of the clerk of the circuit court, for recording in the order book of that court.

(b) If the recorder has complied with this section, full faith and credit shall be given to the recorder's seal without further attestation.

[Pre-Local Government Recodification Citation: 17-3-53-5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.84.
Ind. Code § 36-7-14-39.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-39.5
Repealed
Status: repealed

As added by P.L.38-1988, SEC.12. Amended by P.L.114-1989, SEC.10; P.L.12-1992, SEC.171; P.L.1-1994, SEC.177; P.L.323-1995, SEC.1; P.L.192-2002(ss), SEC.178; P.L.1-2004, SEC.64 and P.L.23-2004, SEC.66. Repealed by P.L.146-2008, SEC.813.
Ind. Code § 36-7-4-204 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-204
Establishment; participation by other municipalities within county
Status: in_force

Sec. 204. AREA. After the planning department is established, other municipalities within the county may adopt ordinances adopting the area planning law and provide for the appointment of their representatives to the area plan commission. In such a case, the membership of the commission shall be increased according to the formula provided in sections 207, 208, 209, and 211 of this chapter and the authority of a municipal plan commission and municipal board of zoning appeals ceases, except as provided in section 901(i) of this chapter, as of the time specified in that ordinance. The composition of any such municipal board of zoning appeals, or of any such board later organized, under the advisory planning law, must conform with that law, except that those members of such a board to be appointed from the municipal plan commission shall instead be appointed from the area plan commission.

[Pre-Local Government Recodification Citations: 18-7-4-204; 18-7-4-7.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.126-2011, SEC.6.
Ind. Code § 36-2-12-11 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-11
Administration of section; maintenance of corner record book; contents of record; procedure for establishment and perpetuation of corners
Status: in_force

Sec. 11. (a) The county surveyor shall administer this section if the county surveyor is registered as a professional surveyor under IC 25-21.5. If the county surveyor is not registered, the county surveyor shall, with the approval of the county executive, appoint a person who is registered as a professional surveyor and is a resident voter of the county to administer this section. If a resident, professional surveyor is not available, a professional surveyor who resides in another county may be employed.

(b) The county surveyor shall keep and maintain a corner record book, that must contain:

(1) a record and an index by location of all the original government survey corners;

(2) outline maps of each section, grant, tract, and subdivision or group of sections, grants, tracts, and subdivisions in the county showing the location of each corner on record and stating at the location of each corner on the map where the reference for that corner may be found; and

(3) a reference index for each corner.

A separate card index system may be used in lieu of the index required by subdivision (3).

(c) The record of each corner referenced in the record book must contain:

(1) the location of the corner;

(2) an accurate description of the monument used to mark the corner such as "stone" or "iron pin";

(3) the distance and bearings from the corner to three (3) or more permanent objects or structures;

(4) the date the corner was last checked and the condition of the monument and references;

(5) the name of the county surveyor making the check; and

(6) the method of establishing or relocating the corner.

(d) The records of the county corners shall be established and perpetuated in the following manner:

(1) Each year the county surveyor shall check and reference at least five percent (5%) of all corners shown in the corner record book.

(2) The county surveyor may enter in the county surveyor's corner record book the findings submitted by a private, professional surveyor who checks and references corners and is registered under IC 25-21.5.

(e) Any money in the county surveyor's corner perpetuation fund collected under IC 36-2-7-10 or IC 36-2-19 may be appropriated in the manner provided by law for the purposes of this section.

[Pre-Local Government Recodification Citations: 17-3-64-1; 17-3-64-2; 17-3-64-3; 17-3-64-4; 17-3-64-5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.342-1983, SEC.2; P.L.76-1989, SEC.2; P.L.23-1991, SEC.35; P.L.57-2013, SEC.92.
Ind. Code § 36-7-23-16 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-16
Vacancies in offices of board of directors
Status: repealed

Sec. 16. The members shall fill a vacancy in an office described by section 15 of this chapter for the unexpired term.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-10-7.5-24 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-24
Funds from bond proceeds; use; surplus
Status: in_force

Sec. 24. All proceeds from the sale of bonds issued under this chapter shall be kept in a separate fund. The fund shall be used to pay for land and other property acquired and for the construction of a work under the resolution, including all costs and expenses incurred in connection with the project. The fund may not be used for any other purpose. The fund shall be deposited as provided in this chapter. A surplus remaining from the proceeds of the bonds after all costs and expenses are paid shall be paid into and becomes a part of the district bond fund.

As added by P.L.157-1991, SEC.15.
Ind. Code § 36-1-20.2-18 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-18
Budget or additional appropriations may not be approved
Status: in_force

Sec. 18. If a unit has not implemented a policy under this chapter, the department of local government finance may not approve:

(1) the unit's budget; or

(2) any additional appropriations for the unit;

for the ensuing calendar year until the state board of accounts certifies to the department of local government finance that the unit is in compliance with this chapter.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-12-5-2 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-2
Proposal of expansion; filing
Status: in_force

Sec. 2. (a) The library board of a public library may file an expansion proposal with the township trustee and legislative body of the township. The proposal must state that the public library seeks to expand its service area to include a certain township or any part of a township not being taxed for public library service.

(b) When a township trustee and legislative body receive an expansion proposal under this section, the legislative body may agree to the expansion proposal by written resolution.

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

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.27; P.L.42-2018, SEC.35.
Ind. Code § 36-9-31-7 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-7
Creation and purpose of service district
Status: in_force

Sec. 7. The service district is created for the purpose of providing persons within its territory with solid waste collection service.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-6-1.7-16 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-16
County executive determination of mergers
Status: in_force

Sec. 16. (a) The county executive shall determine which township governments will merge. The county executive's decision shall:

(1) take into account the wishes of the designated townships and recipient townships; and

(2) comply with the requirements of section 14 of this chapter.

(b) Not later than October 1, 2027, the county executive shall adopt a resolution that names the township governments that will merge.

(c) The new township government shall certify the final action in the manner prescribed by the department to each of the following:

(1) The county legislative body.

(2) The county executive body.

(3) The clerk of the circuit court.

(4) The county fiscal officer.

(5) The county recorder.

(6) The county voter registration office.

(7) The secretary of state's office.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-4-12-5 — Indiana Code / Title 36 / Article 4 / Chapter 12 / Section 36-4-12-5
Qualifications
Status: in_force

Sec. 5. A city may hire a city manager solely on the basis of the applicant's administrative and educational qualifications. The city shall give special deference to actual experience in or knowledge of accepted practices in the field of municipal management.

As added by P.L.10-1997, SEC.32.
Ind. Code § 36-7-26-24 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-24
Bonds; issuance; lease rental payments; remitted funds; distributions
Status: in_force

Sec. 24. (a) The commission may issue bonds, payable in whole or in part, from money distributed from the fund to the commission, to finance a local public improvement under IC 36-7-14-25.1 or may make lease rental payments for a local public improvement under IC 36-7-14-25.2 and IC 36-7-14-25.3. The term of any bonds issued under this section may not exceed twenty (20) years, nor may the term of any lease agreement entered into under this section exceed twenty (20) years. The commission shall transmit to the board a transcript of the proceedings with respect to the issuance of the bonds or the execution and delivery of a lease agreement as contemplated by this section. The transcript must include a debt service or lease rental schedule setting forth all payments required in connection with the bonds or the lease rentals.

(b) On January 15 of each year, the commission shall remit to the treasurer of state the money disbursed from the fund that is credited to the net increment account that exceeds the amount needed to pay debt service or lease rentals and to establish and maintain a debt service reserve under this chapter in the prior year and before May 31 of that year. Amounts remitted under this subsection shall be deposited by the state comptroller as other gross retail and use taxes are deposited.

(c) The commission in a city described in section 1(2) of this chapter may distribute money from the fund only for the following:

(1) Road, interchange, and right-of-way improvements.

(2) Acquisition costs of a commercial retail facility and for real property acquisition costs in furtherance of the road, interchange, and right-of-way improvements.

(3) Demolition of commercial property and any related expenses incurred before or after the demolition of the commercial property.

(4) For physical improvements or alterations of property that enhance the commercial viability of the district.

(d) The commission in a city described in section 1(3) of this chapter may distribute money from the fund only for the following purposes:

(1) For road, interchange, and right-of-way improvements and for real property acquisition costs in furtherance of the road, interchange, and right-of-way improvements.

(2) For the demolition of commercial property and any related expenses incurred before or after the demolition of the commercial property.

(e) The commission in a city described in section 1(4) of this chapter may distribute money from the fund only for the following purposes:

(1) For:

(A) the acquisition, demolition, and renovation of property; and

(B) site preparation and financing;

related to the development of housing in the district.

(2) For physical improvements or alterations of property that enhance the commercial viability of the district.

As added by P.L.35-1990, SEC.63. Amended by P.L.185-2001, SEC.9; P.L.291-2001, SEC.203; P.L.1-2002, SEC.161; P.L.177-2002, SEC.16 and P.L.178-2002, SEC.122; P.L.9-2024, SEC.549.
Ind. Code § 36-7-5.1-16 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-16
Employees; professional counsel; delegation of authority
Status: in_force

Sec. 16. (a) The commission shall prescribe the qualifications, appoint, remove, prescribe the duties, and fix the compensation of employees necessary for the discharge of the duties of the commission. The compensation must be in conformity with salaries and compensation fixed up to that time for similar work by the fiscal body of a municipality or county that created the joint district.

(b) The commission may contract for special or temporary services of a professional counsel.

(c) The commission shall delegate authority to its employees to perform ministerial acts in all cases unless final action of the commission is necessary.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-9-42-9 — Indiana Code / Title 36 / Article 9 / Chapter 42 / Section 36-9-42-9
Use of public right of way
Status: in_force

Sec. 9. This chapter does not limit or alter the authority of the Indiana utility regulatory commission under IC 8-1-2-101 to review a unit's determination, or the rights and duties of affected parties, with respect to use of a public right of way as set forth in IC 8-1-2-101.

As added by P.L.79-2013, SEC.1.
Ind. Code § 36-10-11-12 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-12
Board of directors; powers
Status: in_force

Sec. 12. The board of directors may finance, construct, and lease buildings for the joint or separate use of one (1) or more of the governmental entities within the county in which the authority has been created. The board of directors also may:

(1) sue and be sued;

(2) appropriate, purchase, lease, rent, and hold any land, materials, and personal property in connection with buildings constructed or to be constructed under this chapter;

(3) acquire by gift, devise, or bequest real and personal property and hold, use, expend, or dispose of that property for the purposes authorized by this chapter;

(4) enter upon any lots or lands for the purpose of surveying or examining them for the purposes of this chapter;

(5) collect rentals payable as provided for in a lease; and

(6) make and enter into all contracts and agreements necessary or incidental for the performance of its duties and the execution of its powers under this chapter.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-4-1513 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1513
Platting procedure
Status: in_force

Sec. 1513. The procedure for platting a parcel of real property that is zoned as a planned unit development district under this series is the same as the procedure described in the 700 series of this chapter for other platting.

As added by P.L.320-1995, SEC.43.
Ind. Code § 36-9-14.5-7 — Indiana Code / Title 36 / Article 9 / Chapter 14.5 / Section 36-9-14.5-7
Repealed
Status: repealed

As added by P.L.44-1984, SEC.16. Amended by P.L.213-1986, SEC.8. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-4-3-20 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-20
Disannexation; limitation on subsequent proceedings
Status: in_force

Sec. 20. After the termination of a disannexation proceeding under this chapter, a subsequent disannexation proceeding affecting the same property and asking for the same relief may not be initiated for a period of two (2) years.

[Pre-Local Government Recodification Citation: 18-5-10-49.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-1-2-9 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-9
"Legislative body"
Status: in_force

Sec. 9. "Legislative body" means the following:

(1) The board of county commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1.

(2) The county council, for a county subject to IC 36-2-3.5.

(3) The city-county council, for a consolidated city or county having a consolidated city.

(4) The common council, for a city other than a consolidated city.

(5) The town council, for a town.

(6) The township board, for a township.

(7) The governing body of any other political subdivision that has a governing body.

(8) The chief executive officer of any other political subdivision that does not have a governing body.

[Pre-Local Government Recodification Citation: 18-5-1.5-2(b).]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1982, P.L.33, SEC.15; P.L.213-1986, SEC.1; P.L.8-1987, SEC.82; P.L.8-1989, SEC.95; P.L.186-2006, SEC.3; P.L.77-2014, SEC.10; P.L.278-2019, SEC.179; P.L.22-2021, SEC.2.
Ind. Code § 36-2-16-2 — Indiana Code / Title 36 / Article 2 / Chapter 16 / Section 36-2-16-2
Bond; oath
Status: in_force

Sec. 2. (a) A deputy appointed under this chapter may be required to give a bond, in accordance with IC 5-4-1, for the proper discharge of the deputy's duties.

(b) If required under IC 5-4-1-1, a deputy appointed under this chapter shall take the oath required of the officer who appointed the deputy.

[Pre-Local Government Recodification Citations: 5-6-1-1 part; 5-6-1-2 part; 17-3-32-4 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1982, P.L.33, SEC.19; P.L.14-2004, SEC.193.
Ind. Code § 36-7-24-7 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-7
Quorum; majority vote
Status: in_force

Sec. 7. A majority of the members of a board constitutes a quorum for the transaction of business. The affirmative vote of a majority of the board is necessary for an action to be taken by the board.

As added by P.L.223-1991, SEC.1.
Ind. Code § 36-7-4-1600 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1600
1600 Series-Judicial review
Status: in_force

Sec. 1600. This series (sections 1600 through 1699 of this chapter) may be cited as follows: 1600 SERIES─JUDICIAL REVIEW.

As added by P.L.126-2011, SEC.47.
Ind. Code § 36-8-11-27 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-27
Payment of line of duty health care expenses for firefighters
Status: in_force

Sec. 27. (a) As used in this section, "firefighter" means a current or former full-time, paid firefighter.

(b) A fire protection district shall pay for the care of a firefighter who:

(1) suffers an injury; or

(2) contracts an illness;

during the performance of the firefighter's duties.

(c) The fire protection district shall pay for the following expenses incurred by a firefighter described in subsection (b):

(1) Medical and surgical care.

(2) Medicines and laboratory, curative, and palliative agents and means.

(3) X-ray, diagnostic, and therapeutic service, including service provided during the recovery period.

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

(d) Expenditures required by subsection (b) or (c) shall be paid from the fund used by the fire protection district for payment of the costs attributable to providing fire protection services in the fire protection district.

(e) A fire protection district that has paid for the care of a firefighter under subsection (b) or (c) has a cause of action for reimbursement of the amount paid under subsection (b) or (c) against any third party against whom the firefighter has a cause of action for:

(1) an injury sustained because of; or

(2) an illness caused by;

the third party. The fire protection district's cause of action under this subsection is in addition to, and not instead of, the cause of action of the firefighter against the third party.

(f) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A firefighter may recover medical benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If the firefighter pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the firefighter is not precluded from recovering medical benefits under this section.

As added by P.L.150-2002, SEC.3. Amended by P.L.118-2026, SEC.18.
Ind. Code § 36-7-18-13 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-13
Quorum; approval of actions
Status: in_force

Sec. 13. The following rules apply to proceedings of a housing authority:

(1) Four (4) commissioners constitute a quorum.

(2) A majority vote of the commissioners present is required to authorize an action of the authority, unless a greater vote is required by the bylaws of the authority.

[Pre-Local Government Recodification Citation: 18-7-11-5 part.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.229-2001, SEC.4.
Ind. Code § 36-10-11-26 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-26
Refunding bonds; application of proceeds
Status: in_force

Sec. 26. (a) The proceeds of the refunding bonds issued under section 25 of this chapter shall be placed in escrow and applied with any other available money to the payment on the date selected for redemption of the principal, accrued interest, and any redemption premiums of the bonds being refunded. In addition, if provided or permitted in the resolution authorizing the issuance of the refunding bonds or in the trust indenture securing them, the proceeds may also be applied to the payment of any interest on the refunding bonds and any costs of refunding. Pending application, the escrowed proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States, which must mature, or which must be subject to redemption by the holder of them at the option of the holder, not later than the respective dates when the proceeds, together with the accruing interest, will be required for the purposes intended.

(b) In lieu of those investments, all or part of the proceeds may be placed in interest bearing time certificates of deposit with the bank that the board designates. Other similar arrangements may be made with the bank that will assure that the proceeds, together with the accruing interest, will be available when required for the purposes intended, but time certificates of deposit or other similar arrangements must be secured to their full amount by direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of the type permitted for direct investment of the escrow fund.

(c) All interest or other income earned on these investments must first be used to pay the interest on the refunding bonds as it becomes due. Any excess becomes a part of and shall be held in the escrow fund. Any balance remaining in the escrow fund after redemption of all the bonds being refunded shall be deposited in the sinking fund established for the payment of the principal and interest on the refunding bonds.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-9-37-14 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-14
Prepayment of assessment installments
Status: in_force

Sec. 14. (a) With respect to a property owner who has secured the right to pay the property owner's assessments in deferred installments by the filing of a waiver, the municipal works board shall establish a policy to permit an owner of real property in the municipality to prepay the property owner's assessment in full by either of the following methods:

(1) At any time after the expiration of the first year after the filing, pay the entire balance of the assessment and be relieved of the lien on the property owner's property. A property owner may not pay the property owner's entire balance under this subsection unless at the same time the property owner pays all interest due at the next interest paying period.

(2) At any time, including within the year of the filing, pay the entire balance of the assessment and be relieved of the lien on the property owner's property. A property owner may not pay the property owner's entire balance under this subsection unless at the same time the property owner pays all interest due at the next interest paying period.

(b) If a person who exercises the right to prepay the person's assessment fully pays the assessment and interest, all interest and liability as to the assessed property ceases.

As added by P.L.98-1993, SEC.8. Amended by P.L.157-2026, SEC.281.
Ind. Code § 36-7-11.1-7 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-7
Categories of work exempted by historic preservation plan; premature issuance of permits for work
Status: in_force

Sec. 7. (a) The historic preservation plan may provide that certain categories of work accomplished in the historic area are exempt from the requirement imposed by section 9 of this chapter that a certificate of appropriateness be issued. Categories of work that may be exempted by a historic preservation plan include the construction, reconstruction, alteration, or demolition of a structure or feature. Various historic preservation plans may exempt different categories of work.

(b) After the commission has adopted a declaratory resolution relative to a historic area and presented the historic preservation plan to the metropolitan development commission for adoption or rejection as a segment of the comprehensive plan of the county, no permits may be issued by the department of metropolitan development for the construction, reconstruction, or alteration of any exterior architectural structure or feature in the area or the demolition of any structure or feature in the area until the metropolitan development commission has taken official action on the proposed plan or within ninety (90) days after the date of adoption of the declaratory resolution by the commission, whichever occurs first. If such a permit has been issued before the adoption of a declaratory resolution by the commission, the agency issuing the permit may order that the work allowed by the permit, or a part of the work, be suspended until the metropolitan development commission has adopted or rejected the historic preservation plan.

As added by Acts 1982, P.L.77, SEC.6.
Ind. Code § 36-9-37-24 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-24
Delinquent assessments; sale of property
Status: in_force

Sec. 24. (a) This section does not apply to a municipality if the legislative body of the municipality adopts an ordinance providing that this section does not apply to the municipality.

(b) After the county auditor receives the list of delinquencies from the municipal fiscal officer under section 23 of this chapter, the real property on the list is subject to collection by the county treasurer in the same way that delinquent property taxes are collected and may be sold in the manner that property is sold for taxes. The owners and purchasers of the property have the same rights and remedies as the owners and purchasers would have at a tax sale.

(c) The county auditor shall issue a county warrant for the principal, interest, and penalty to the municipal fiscal officer originally charged with the collection of the principal, interest, and penalty after the following:

(1) The collection of the principal, interest, and penalty.

(2) Settlement for principal, interest, and penalty by the county treasurer.

(d) This section does not require a county or any of the county's officers to include the amount of delinquent principal, interest, or penalty in a certificate of sale to the county.

(e) If a county or municipal officer fails to perform the officer's duties under this section or section 20(a) of this chapter, a person aggrieved by the failure may bring an action against the officer to compel performance.

As added by P.L.98-1993, SEC.8. Amended by P.L.172-1994, SEC.3.
Ind. Code § 36-2-17-9 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-9
Destruction of recorder's records; restoration; proof of execution, acknowledgment, or action
Status: in_force

Sec. 9. (a) If all or part of the records of the recorder's office are destroyed, the recorder shall immediately obtain a book in which the recorder shall restore the destroyed parts of the record. The recorder shall, in the order in which they are presented, record in this book documents that had been recorded but the records of which have been destroyed. The recorder shall also record the recorder's original indorsement showing the time when each document was originally filed for record. This new record has the same force as the original record would have had if it had not been destroyed.

(b) Whenever the recorder acts under subsection (a), the recorder shall also obtain another book in which the recorder shall, in the order in which it is presented, record all proof of the execution, acknowledgment, contents, destruction, and recording of documents that had been recorded in the recorder's office but the records of which have been destroyed. The recorder shall index this book in the manner in which records of deeds are indexed.

[Pre-Local Government Recodification Citations: 5-15-8-4; 5-15-8-5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.106.
Ind. Code § 36-8-6-9 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-9
Retirement benefits
Status: in_force

Sec. 9. (a) Benefits paid under this section are subject to section 1.5 of this chapter.

(b) The 1925 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. However, 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 not less than 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 voluntarily retires after twenty (20) or more years of service, the member is entitled to retirement and the pension, without reference to the member's physical condition at the time of application. However, the member then relinquishes all rights to other benefits or pensions for temporary disability. After retirement the member is not required to render further services on the police department, is no longer subject to the rules of the department, and may not be deprived of other benefits under this chapter that may accrue to the member or the member's dependents.

(d) To be retired based upon length of service, only the time served by the member on the regularly constituted police department may be computed. Time served by a member as a special police officer, a merchant police officer, or a private police officer may not be considered in computing length of service.

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

As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.342-1985, SEC.2; P.L.55-1989, SEC.50; P.L.231-1997, SEC.1; P.L.127-2017, SEC.243.
Ind. Code § 36-10-4-35 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-35
Bonds; issuance; purpose; deduction of benefits from cost; inclusion of estimated costs in one bond issue; denomination; issuance and sale procedure
Status: in_force

Sec. 35. (a) In order to pay for:

(1) land to be acquired for any of the purposes of this chapter;

(2) an improvement authorized by this chapter; or

(3) both;

the board shall issue the bonds of the district in the name of the city in anticipation of the special benefits tax to be levied under this chapter. The amount of the bonds may not exceed the estimated cost of all land to be acquired and the estimated cost of all improvements provided in the resolution, including all expenses necessarily incurred in the proceedings and a sum sufficient to pay the estimated costs of supervision and inspection during the period of construction. Expenses include all expenses actually incurred preliminary to acquisition of the land and the construction work, such as the estimated cost of the necessary record, engineering expenses, publication of notices, preparation of bonds, and other expenses necessary to letting the contract and selling the bonds.

(b) The total amount of any benefits that have been assessed by the board and confirmed against lots and parcels of land, exclusive of improvements, lying within two thousand (2,000) feet on either side of the land to be acquired or of the improvement, however, shall be deducted from the estimated cost.

(c) If more than one (1) resolution or proceeding of the board under section 25 of this chapter is confirmed whereby different parcels of land are to be acquired or more than one (1) contract for work is let by the board at approximately the same time, the estimated cost involved under all of the resolutions and proceedings may be contained in one (1) issue of bonds.

(d) The bonds shall be issued in any denomination up to five thousand dollars ($5,000) each. The bonds are negotiable instruments and bear interest at a rate established by the board and approved by the city legislative body.

(e) After adopting a resolution ordering the bonds, the board shall certify a copy of the resolution to the fiscal officer of the city. The fiscal officer shall then prepare the bonds, which shall be executed by the city executive and attested by the fiscal officer. The bonds are exempt from taxation for all purposes and are subject to IC 6-1.1-20 concerning:

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

(2) the right of:

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

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

(f) All bonds shall be sold at not less than par value plus accrued interest to date of delivery by the city fiscal officer to the highest bidder after giving notice of the sale of the bonds by publication in accordance with IC 5-3-1.

(g) The bonds are subject to approval by the city legislative body, in the manner it prescribes by ordinance or resolution.

(h) The bonds are not corporate obligations or indebtedness of the city, but are an indebtedness of the district as a special taxing district. The bonds and interest are payable only out of a special tax levied upon all property of the district. The bonds must recite these terms upon their face, together with the purposes for which they are issued.

(i) An action to question the validity of bonds of the district or to prevent their issue may not be brought after the date set for the sale of the bonds.

(j) The board may, instead of selling the bonds in series, sell the bonds to run for a period of five (5) years from the date of issue for the purposes of this chapter at any rate of interest payable semiannually, also exempt from taxation for all purposes. The board may sell bonds in series to refund the five (5) year bonds.

[Pre-Local Government Recodification Citations: 19-7-9-11 part; 19-7-30-30.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.18; P.L.27-1986, SEC.8; P.L.2-1989, SEC.55; P.L.146-2008, SEC.794.
Ind. Code § 36-8-16.7-32 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-32
Monthly statewide 911 fee; amount; adjustments; additional fees prohibited; exemptions; responsibility of eligible telecommunications carriers; written notice if fee increased
Status: in_force

Sec. 32. (a) Except as provided in subsections (b) and (d), and subject to section 48(e) of this chapter, the board shall assess a monthly statewide 911 fee on each standard user that is a customer having a place of primary use in Indiana at a rate that ensures full recovery of the amount needed for the board to make distributions to county treasurers consistent with this chapter and that provides for the proper development, operation, and maintenance of a statewide 911 system. The amount of the fee assessed under this subsection is one dollar ($1). The board may adjust the statewide 911 fee to ensure adequate revenue for the board to fulfill the board's duties and obligations under this chapter, subject to the following:

(1) The following apply to an increase in the fee:

(A) The board may increase the fee only one (1) time after April 30, 2023, and before July 1, 2026, in an amount not to exceed ten cents ($0.10).

(B) The board may increase the fee only after review by the budget committee.

(2) The fee may not be lowered more than one (1) time in a calendar year.

(3) The fee may not be lowered by an amount that is more than ten cents ($0.10) without legislative approval.

(b) The fee assessed under this section does not apply to a prepaid user in a retail transaction under IC 36-8-16.6.

(c) An additional fee relating to the provision of 911 service may not be levied by a state agency or local unit of government. A 911 service prepaid wireless charge (as defined in IC 36-8-16.6-0.5) is not considered an additional fee relating to the provision of wireless 911 service for purposes of this section.

(d) A user is exempt from the fee if the user is any of the following:

(1) The federal government or an agency of the federal government.

(2) The state or an agency or instrumentality of the state.

(3) A political subdivision (as defined in IC 36-1-2-13) or an agency of a political subdivision.

(4) A user that accesses communications service solely through a wireless data only service plan.

(e) This subsection applies to an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission. An eligible telecommunications carrier:

(1) is not considered an agency of the federal government for purposes of the exemption set forth in subsection (d); and

(2) with respect to communications service provided to end users by the eligible telecommunications carrier in its capacity as an eligible telecommunications carrier, is liable for the fee assessed under subsection (f).

(f) Beginning September 1, 2015, and on the first day of each month thereafter, an eligible telecommunications carrier described in subsection (e) shall pay to the board a fee equal to the product of the following factors:

(1) The monthly statewide 911 fee established under subsection (a).

(2) The number of unique end users for which the eligible telecommunications carrier received reimbursement from the universal service fund during the immediately preceding month.

The eligible telecommunications carrier may bill and collect from each end user the fees calculated under this subsection with respect to the end user. The eligible telecommunications carrier shall determine the manner in which the eligible telecommunications carrier bills and collects the fees. Except as provided in section 33(d) of this chapter, an eligible telecommunications carrier may not bill and collect from an end user an amount greater than the fees paid by the eligible telecommunications carrier to the board with respect to the end user.

(g) If the board increases or decreases the statewide 911 fee under subsection (a), the board shall provide written notice to the department of state revenue not later than sixty (60) days before the date the increase or decrease takes effect that includes:

(1) the effective date for the increase or decrease; and

(2) the amount of the charge as increased or decreased by the board.

As added by P.L.132-2012, SEC.20. Amended by P.L.107-2014, SEC.7; P.L.157-2015, SEC.10; P.L.36-2016, SEC.8; P.L.85-2017, SEC.127; P.L.117-2020, SEC.4; P.L.131-2023, SEC.2; P.L.119-2024, SEC.22.
Ind. Code § 36-7-18-25 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-25
Exemptions from taxes and assessments; agreements to pay for services
Status: in_force

Sec. 25. The property of a housing authority is exempt from all taxes and special assessments of the state or any political subdivision. In lieu of taxes or special assessments, an authority may agree to make payments to any political subdivision for services, improvements, or facilities furnished by that political subdivision for the benefit of a housing project owned by the authority. However, these payments may not exceed the estimated cost to the political subdivision of the services, improvements, or facilities to be furnished.

[Pre-Local Government Recodification Citation: 18-7-11-9 part.]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-9-27-17 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-17
Private and mutual drains; connection with regulated drains; procedure
Status: in_force

Sec. 17. (a) Whenever:

(1) an owner wants to construct or extend a private or mutual drain, and outlet that drain into a regulated drain that is subject to this chapter; and

(2) the construction or extension will not go through land owned by other persons;

the owner shall file with the county surveyor having jurisdiction of the regulated drain for permission to connect the owner's drain with the regulated drain.

(b) The owner shall file with the owner's request the plans and specifications of the private or mutual drain that will be constructed or extended. However, if the private or mutual drain will have a tiled outlet of twelve (12) inches or less, and the owner alleges this in the owner's request, no specifications need be filed.

(c) If the county surveyor determines that the regulated drain is adequate to handle the additional flow of water, if any, that would result from the connection, and that no harmful pollution is likely to result from the connection, the county surveyor shall grant the request.

(d) If the county surveyor determines that the regulated drain is not adequate to handle the additional flow of water resulting from the connection without being reconstructed, the county surveyor shall deny the request, and the request may not be granted until the regulated drain is reconstructed under sections 49 through 52 of this chapter.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.330.
Ind. Code § 36-7-7.6-19 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-19
Making of loans and issuing of notes
Status: in_force

Sec. 19. (a) The commission may adopt a resolution to make loans or issue notes to obtain money to pay current operating expenses of the commission in anticipation of the payment to the commission of the appropriation budget apportioned to participating counties under section 18 of this chapter.

(b) The terms and form of a loan or notes shall be set forth in the resolution. The resolution must specify:

(1) subject to subsection (c), the term of the loan or notes;

(2) the interest rate of the loan or notes;

(3) the medium of payment of the loan or notes;

(4) the place and manner of payment of the loan or notes;

(5) the manner of execution of the loan or notes;

(6) the terms of redemption of the loan or notes; and

(7) the funds or sources of funds from which the loan or notes are payable, which may be any funds available to the commission.

(c) A loan or notes under this section must mature in the calendar year in which the loan is made or the notes are issued. The commission may use proceeds of the loan or notes only to pay current operating expenses of the commission in anticipation of the payment to the commission of the appropriation budget apportioned to participating counties under section 18 of this chapter.

(d) The total amount of all outstanding loans and notes under this section in a particular calendar year may not exceed the total amount of the appropriation budget apportioned to participating counties and to be paid to the commission under section 18 of this chapter for the calendar year.

(e) The loan contract or the notes must plainly state that the loan or notes:

(1) are not an indebtedness of the state;

(2) constitute a corporate obligation solely of the commission; and

(3) are payable solely from:

(A) payments to the commission of the appropriation budget apportioned to participating counties under section 18 of this chapter for the calendar year; and

(B) any other revenues of the commission.

(f) This section contains full and complete authority for the making of loans and the issuance of notes by the commission under this section. No other procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the commission or any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to make loans or issue notes under this section.

As added by P.L.39-2007, SEC.6.
Ind. Code § 36-1-12-1 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-1
Application of chapter; alternatives to chapter
Status: in_force

Sec. 1. (a) Except as provided in this section, this chapter applies to all public work performed or contracted for by:

(1) political subdivisions; and

(2) their agencies;

regardless of whether it is performed on property owned or leased by the political subdivision or agency.

(b) This chapter does not apply to an officer or agent who, on behalf of a municipal utility or a conservancy district described in IC 14-33-1-1(a)(4) or IC 14-33-1-1(a)(5), maintains, extends, and installs services of the utility or district if the necessary work is done by the employees of the utility or district.

(c) This chapter does not apply to hospitals organized or operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1, unless the public work is financed in whole or in part with cumulative building fund revenue.

(d) This chapter does not apply to tax exempt Indiana nonprofit corporations leasing and operating a city market owned by a political subdivision.

(e) As an alternative to this chapter, the governing body of a political subdivision or its agencies may do the following:

(1) Enter into a design-build contract as permitted under IC 5-30.

(2) Participate in a utility efficiency program or enter into a guaranteed savings contract as permitted under IC 36-1-12.5.

(f) This chapter does not apply to a person that has entered into an operating agreement with a political subdivision or an agency of a political subdivision under IC 5-23.

(g) This chapter does not apply to the extension or installation of utility infrastructure by a private developer of land if all the following apply:

(1) A municipality will acquire for the municipality's municipally owned utility all of the utility infrastructure that is to be extended or installed.

(2) Not more than fifty percent (50%) of the total construction costs for the utility infrastructure to be extended or installed, including any increased costs that result from any construction specifications that:

(A) are required by the municipality; and

(B) specify a greater service capacity for the utility infrastructure than would otherwise be provided for by the private developer;

will be paid for out of a public fund or out of a special assessment.

(3) The private developer agrees to comply with all local ordinances and engineering standards applicable to the construction, extension, or installation of the utility infrastructure.

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

As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.182-1985, SEC.16; P.L.214-1989, SEC.7; P.L.24-1993, SEC.5; P.L.2-1993, SEC.199; P.L.1-1994, SEC.173; P.L.82-1995, SEC.12; P.L.49-1997, SEC.73; P.L.168-2006, SEC.2; P.L.71-2009, SEC.4; P.L.99-2009, SEC.3; P.L.1-2010, SEC.145; P.L.91-2017, SEC.9; P.L.177-2021, SEC.14.
Ind. Code § 36-3-5-8 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-8
Special taxing district; power to issue bonds, notes, or warrants; approval; issuance procedure
Status: in_force

Sec. 8. (a) This section applies whenever a special taxing district of the consolidated city has the power to issue bonds, notes, or warrants.

(b) Before any bonds, notes, or warrants of a special taxing district may be issued, the issue must be approved by resolution of the legislative body of the consolidated city.

(c) Any bonds of a special taxing district must be issued in the manner prescribed by statute for that district, and the board of the department having jurisdiction over the district shall:

(1) hold all required hearings;

(2) adopt all necessary resolutions; and

(3) appropriate the proceeds of the bonds;

in that manner. However, the legislative body shall levy each year the special tax required to pay the principal of and interest on the bonds and any bank paying charges.

(d) Notwithstanding any other statute, bonds of a special taxing district may:

(1) be dated;

(2) be issued in any denomination;

(3) except as otherwise provided by IC 5-1-14-10, mature at any time or times not exceeding fifty (50) years after their date; and

(4) be payable at any bank or banks;

as determined by the board. If the bonds are sold at a public sale, the interest rate or rates that the bonds will bear must be determined by bidding, notwithstanding IC 5-1-11-3.

(e) Bonds of a special taxing district are subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to the following:

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

(2) The giving of notice of a hearing on the appropriation of the proceeds of bonds.

(3) The right of taxpayers to appear and be heard on the proposed appropriation.

(4) The approval of the appropriation by the department of local government finance.

(5) The right of:

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

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

(6) The sale of bonds at a public sale or at a negotiated sale.

(7) The maximum term or repayment period provided by IC 5-1-14-10.

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

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.90-2002, SEC.470; P.L.219-2007, SEC.113; P.L.146-2008, SEC.703; P.L.125-2018, SEC.6; P.L.38-2021, SEC.81; P.L.236-2023, SEC.167; P.L.230-2025, SEC.143.
Ind. Code § 36-7-35-14 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-14
Eligibility requirements for PMA certification
Status: in_force

Sec. 14. If a person:

(1) makes a qualified expenditure on the person's property in a property maintenance area; and

(2) meets all the other requirements set forth in the PMA ordinance adopted by the municipality where the person's property is located;

the person is entitled to a PMA certification under this chapter.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-9-37-8 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-8
Payment of expenses
Status: in_force

Sec. 8. (a) Each year the municipal legislative body shall include in the municipal legislative body's annual budget and tax levy the necessary expense of any of the following that will enable the municipal fiscal officer to perform the duties prescribed by this chapter:

(1) Employing additional clerks.

(2) Furnishing suitable quarters.

(3) Obtaining necessary records, books, forms, and other supplies.

(b) If money for the purposes described in subsection (a) is needed before the collection of the tax levy, the money shall be:

(1) supplied by appropriation from the general fund of the municipality; or

(2) obtained from temporary loans in anticipation of the taxes levied.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-7-30.5-34 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-34
PILOTS
Status: in_force

Sec. 34. (a) As used in this section, the following terms have the meanings set forth in IC 6-1.1-1:

(1) Assessed value.

(2) Owner.

(3) Person.

(4) Personal property.

(5) Property taxation.

(6) Tangible property.

(7) Township assessor.

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

(c) The general assembly finds the following:

(1) That the closing of a military base in a unit results in an increased cost to the unit of providing governmental services to the area formerly occupied by the military base.

(2) That military base property held by a development authority is exempt from property taxation, resulting in the lack of an adequate tax base to support the increased governmental services.

(3) That to restore this tax base and provide a proper allocation of the cost of providing governmental services the fiscal body of the unit should be authorized to collect PILOTS from the development authority.

(4) That the appropriate maximum PILOTS would be the amount of the property taxes that would be paid if the tangible property were not exempt.

(d) The fiscal body of the unit may adopt an ordinance to require a development authority to pay PILOTS at times set forth in the ordinance with respect to tangible property of which the development authority is the owner or the lessee and that is exempt from property taxes. The ordinance remains in full force and effect until repealed or modified by the fiscal body.

(e) The PILOTS must be calculated so that the PILOTS do not exceed the amount of property taxes that would have been levied by the fiscal body for the unit upon the tangible property described in subsection (d) if the property were not exempt from property taxation.

(f) PILOTS shall be imposed as are property taxes and shall be based on the assessed value of the tangible property described in subsection (d). Except as provided in subsection (j), the township assessor, or the county assessor if there is no township assessor for the township, shall assess the tangible property described in subsection (d) as though the property were not exempt. The development authority shall report the value of personal property in a manner consistent with IC 6-1.1-3.

(g) Notwithstanding any other law, a development authority is authorized to pay PILOTS imposed under this section from any legally available source of revenues. The development authority may consider these payments to be operating expenses for all purposes.

(h) PILOTS shall be deposited in the general fund of the unit and used for any purpose for which the general fund may be used.

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

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

As added by P.L.203-2005, SEC.11. Amended by P.L.219-2007, SEC.139; P.L.146-2008, SEC.773.
Ind. Code § 36-7-11.3-40 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-40
Amended agreement; dismissal of petition
Status: in_force

Sec. 40. (a) If after a public hearing the commission disapproves the agreement in form or substance, the petitioner shall, under a temporary order of the commission, make and cause to be executed an amended agreement meeting the commission's requirements as to form and substance.

(b) If the petitioner fails or refuses, for longer than sixty (60) days after entry of a temporary order requiring the petitioner to do so, to file an amended agreement meeting with commission requirements for form and substance, the commission may require the petitioner to appear at a meeting of the commission and show cause why the petition of the petitioner should not be dismissed.

(c) If the petitioner fails:

(1) to appear at the meeting; or

(2) to show good and sufficient cause why the petition should not be dismissed;

the commission shall, upon the vote of a majority of the members, dismiss the petition.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-9-27-90 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-90
Delinquent assessments on lands owned by municipal corporations
Status: in_force

Sec. 90. When any ditch assessment against land owned by a municipal corporation becomes delinquent, the county auditor shall:

(1) certify the amount of the delinquency to the state board of accounts and to the person who receives semiannual distribution of taxes on behalf of the municipal corporation; and

(2) withhold the amount from the municipal corporation at the next semiannual distribution of taxes collected.

The amount withheld by the auditor shall be credited to the appropriate drainage fund.

[Pre-Local Government Recodification Citation: 19-4-7-14.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-9-13.5 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-13.5
Unpaid costs for unsafe premises repairs or emergency actions taken; collection
Status: in_force

Sec. 13.5. (a) This section does not apply to the collection of an amount if a court determines under section 13 of this chapter that the enforcement authority is not entitled to the amount.

(b) If:

(1) all or any part of the costs listed in section 12 of this chapter remain unpaid for any unsafe premises (other than unsafe premises owned by a governmental entity) for more than fifteen (15) days after completion of the work; or

(2) emergency action was taken under section 9 of this chapter, for more than fifteen (15) days after the costs of the emergency action have been affirmed by the hearing authority;

the enforcement authority may send notice under section 25 of this chapter to each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises. If the notice is sent, the enforcement authority shall also send notice to any mortgagee with a known or recorded substantial property interest. The notice must require full payment of the amount owed within thirty (30) days.

(c) If full payment of the amount owed is not made less than thirty (30) days after the notice is delivered, the enforcement officer may certify the following information to the county auditor:

(1) The name of each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.

(2) The description of the unsafe premises, as shown by the records of the county auditor.

(3) The amount of the delinquent payment, including all costs described in section 12 of this chapter.

(d) The county auditor shall place the total amount certified under subsection (c) on the tax duplicate for the affected property as a special assessment. The total amount, including accrued interest, shall be collected as delinquent taxes are collected.

(e) An amount collected under subsection (d), after all other taxes have been collected and disbursed, shall be disbursed to the unsafe building fund.

(f) A judgment entered under section 13, 19, 21, or 22 of this chapter may be certified to the auditor and collected under this section. However, a judgment lien need not be obtained under section 13 of this chapter before a debt is certified under this section.

As added by P.L.31-1994, SEC.13. Amended by P.L.169-2006, SEC.65; P.L.247-2015, SEC.47.