Ind. Code § 36-10-11-2 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Authority" refers to a building authority created under this chapter.

"Building" means a structure or a part of a structure used for a civic center or a facility that is owned by the city and used by a professional sports franchise, including the site, landscaping, parking, heating facilities, sewage disposal facilities, and other related appurtenances and supplies necessary to make the building suitable for use and occupancy.

"Governmental entity" means a state agency, state university, or political subdivision.

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.178-2002, SEC.136.
Ind. Code § 36-7-1-11 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-11
"Metropolitan plan commission"
Status: in_force

Sec. 11. "Metropolitan plan commission" means an advisory plan commission cooperatively established by a county and a second class city under IC 36-7-4-202(a). The term does not include the metropolitan development commission established by IC 36-7-4-202(c).

[Pre-Local Government Recodification Citations: 18-7-4-111 part; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.11.
Ind. Code § 36-9-15-3 — Indiana Code / Title 36 / Article 9 / Chapter 15 / Section 36-9-15-3
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-3-84-2.]

As added by Acts 1981, P.L.309, SEC.88. Amended by P.L.2-1993, SEC.207. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-6-4-13 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-13
Abstract of receipts and expenditures; publication; failure to comply; offense
Status: in_force

Sec. 13. (a) When the executive prepares the annual report required by section 12 of this chapter, the executive shall also prepare, on forms prescribed by the state board of accounts, an abstract of receipts and expenditures:

(1) showing the sum of money in each fund of the township at the beginning of the year;

(2) showing the sum of money received in each fund of the township during the year;

(3) showing the sum of money paid from each fund of the township during the year;

(4) showing the sum of money remaining in each fund of the township at the end of the year;

(5) containing a statement of receipts, showing their source; and

(6) containing a statement of expenditures, showing the combined gross payment, according to classification of expense, to each person.

(b) Within four (4) weeks after the third Tuesday following the first Monday in February, the executive shall publish the portion of the abstract described in subsection (a)(1) through (a)(4) in accordance with IC 5-3-1 with a statement that a complete abstract that contains the statements required under subsection (a)(5) and (a)(6) is available for inspection in the county auditor's office. The abstract must state that:

(1) a complete and detailed annual report, a complete abstract, and the accompanying vouchers showing the names of persons paid money by the township have been filed with the county auditor; and

(2) the chair of the township legislative body has a copy of the report that is available for inspection by any taxpayer of the township.

(c) An executive who fails to comply with this section commits a Class C infraction.

[Pre-Local Government Recodification Citations: 17-4-10-1; 17-4-10-2; 17-4-10-3.]

As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1981, P.L.45, SEC.16; P.L.155-1987, SEC.3; P.L.166-2014, SEC.43; P.L.127-2017, SEC.157; P.L.162-2021, SEC.10.
Ind. Code § 36-5-2-9.4 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-9.4
Majority vote; two-thirds vote
Status: in_force

Sec. 9.4. (a) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a majority vote means at least a majority vote of all the elected members.

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

As added by Acts 1980, P.L.73, SEC.15.
Ind. Code § 36-7-14.5-21 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-21
Trust indenture securing bonds; fiscal body approval
Status: in_force

Sec. 21. (a) The authority may secure bonds issued under this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.

(b) Before a trust indenture may be entered into, the authority must obtain the prior approval of the fiscal body of the unit under IC 36-7-14-25.2. The trust indenture may:

(1) pledge or assign lease rentals, receipts, and income from leased local public improvements, but may not mortgage land or local public improvements;

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

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

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

(c) Any pledge or assignment made by the authority under this section and approved by the fiscal body of the unit is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.29.
Ind. Code § 36-10-10-16 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-16
Lease; options to renew or purchase; issuance of general obligation bonds by city to pay purchase price
Status: in_force

Sec. 16. (a) A lease may provide that the lessee has an option to renew the lease for a similar or shorter term, on conditions that are provided in the lease. The lease must contain an option to purchase at any time after ten (10) years from the execution of the lease and before the expiration of the term of the lease on the date or dates in each year that are fixed, at a price equal to the amount required to enable the authority to redeem all outstanding securities payable out of the rentals provided in the lease, all premiums payable on redemption, and accrued and unpaid interest, and to pay all other indebtedness and obligations of the authority attributable to the construction and leasing of the convention center, including the cost of liquidation of the authority if it is to be liquidated. A lease may not provide, nor may it be construed to provide, that the city is under any obligation to purchase the convention center or under any obligation with respect to any creditors or bondholders of the authority.

(b) A city exercising an option to purchase may issue general obligation bonds for the purpose of procuring funds with which to pay the purchase price of the convention center. The bonds shall be authorized, issued, and sold in the manner provided by statute.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-9-36-60 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-60
Reduction of installments
Status: in_force

Sec. 60. (a) A statement showing the amount of the reduction of the installments shall be certified to the disbursing officer if:

(1) the property is sold by the sheriff under this chapter and the money collected is insufficient to pay the principal and interest in full; or

(2) a court orders a reduction of principal and interest as assessed.

(b) Upon the receipt of the statement, the disbursing officer shall do the following:

(1) Calculate the reduction that applies to each installment.

(2) Enter on the bonds the amount of the reduction when the bonds are presented for payment.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-30-14 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-14
Contracts with other units desiring use of facility; cost and expenses; term
Status: in_force

Sec. 14. A unit constructing, acquiring, or maintaining facilities for the collection and disposal of solid waste may contract with a unit that wants to use the facilities for the payment of all or part of the cost and expenses of the facilities, for any term not exceeding twenty-five (25) years. A contract under this section must be executed in accordance with IC 36-1-7.

[Pre-Local Government Recodification Citation: 19-2-1-8.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-8-16.7-49 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-49
Expired
Status: repealed

As added by P.L.41-2023, SEC.1. Expired 1-1-2025 by P.L.41-2023, SEC.1.
Ind. Code § 36-7.5-4.5-18 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-18
Transit development district located in cash participant county; administration and use of incremental property tax revenue
Status: in_force

Sec. 18. If a district is established, the following apply to the administration and use of incremental property tax revenue by the development authority, or a redevelopment commission in the case of a district located in a cash participant county, in the district:

(1) The county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value to neutralize any effect of a reassessment and the annual adjustment of the real property in the district in the same manner as provided in IC 36-7-14-39(h). The county auditor shall, in the manner prescribed by the department of local government finance, submit the forms required by this subdivision to the department of local government finance no later than July 15 of each year.

(2) Proceeds of the property taxes approved by the voters in a referendum or local public question shall be allocated to and, when collected, paid into the funds of the taxing unit for which the referendum or local public question was conducted in the same manner as provided in IC 36-7-14-39(b)(3).

(3) Incremental property tax revenue may be used only for one (1) or more of the following purposes for a district:

(A) To finance the improvement, construction, reconstruction, renovation, and acquisition of real and personal property improvements within a district.

(B) To pay the principal of and interest on any obligations that are incurred for the purpose of financing or refinancing development in the district, including local public improvements that are physically located in or physically connected to the district.

(C) To establish, augment, or restore the debt service reserve for bonds payable solely or in part from incremental property tax revenue from the district.

(D) To pay premiums on the redemption before maturity of bonds payable solely or in part from incremental property tax revenue from the district.

(E) To make payments on leases payable from incremental property tax revenue from the district.

(F) To reimburse a municipality in which a district is located for expenditures made by the municipality for local public improvements that are physically located in or physically connected to the district.

(G) To reimburse a municipality for rentals paid by the municipality for a building or parking facility that is physically located in or physically connected to the district under any lease entered into under IC 36-1-10.

(H) To pay expenses incurred by the development authority for local public improvements that are in the district or serving the district.

As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.194; P.L.157-2026, SEC.263.
Ind. Code § 36-1-12-8 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-8
Road, street, or bridge work; open price provisions; price adjustments of materials; limitations
Status: in_force

Sec. 8. The board may award a public work contract for road, street, or bridge work subject to the open price provisions of IC 26-1-2-305. The contract may provide that prices for construction materials are subject to price of materials adjustment. When price adjustments are part of the contract, the method of price adjustments shall be specified in the contract. However, this section does not authorize the expenditure of money above the total amount of money appropriated by the political subdivision or agency for road, street, or bridge contracts.

[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.329-1985, SEC.20.
Ind. Code § 36-1-24-9 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-9
Short term rental property that is not an owner occupied short term rental property; special exception; zoning variance
Status: in_force

Sec. 9. (a) This section applies only to a short term rental property that is not an owner occupied short term rental property.

(b) A unit may require a special exception, special use, or zoning variance for the short term rental property that is in a residential zoning district or classification of a unit. However, the unit may not interpret and enforce the unit's zoning regulations for a special exception, special use, or zoning variance in a manner that is intended or has the effect of prohibiting or unreasonably restricting short term rentals of property to which this section applies. Denial of a special exception, special use, or zoning variance for the short term rental property may be appealed in accordance with IC 36-7-4.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-9-27-26.5 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-26.5
Change of drain and drainage maintenance jurisdiction; transfer of funds and administration
Status: in_force

Sec. 26.5. (a) A county executive may change a regulated drain that is subject to this chapter into a drain that is subject to the jurisdiction of a drainage maintenance and repair district under IC 14-27-8.

(b) When a drain that is subject to assessments for periodic maintenance and repair under this chapter becomes subject to the jurisdiction of a drainage maintenance and repair district under IC 14-27-8, the county treasurer shall transfer all money in the drain's maintenance fund established under section 44 of this chapter to the drain's drainage maintenance fund established under IC 14-27-8-19.

(c) The county executive shall establish procedures for the transition of a drain from administration under this chapter to administration under IC 14-27-8.

As added by P.L.154-1993, SEC.5. Amended by P.L.1-1995, SEC.89; P.L.97-2004, SEC.132.
Ind. Code § 36-9-29.1-11 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-11
Award of contract for project
Status: in_force

Sec. 11. If the board finally confirms the resolution, it shall then proceed to award a contract for the project in accordance with IC 36-1-12.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-2-17-10 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-10
Destruction of recorder's records; statement of person having interest in preserving evidence of document; witnesses; oaths; witnesses' recollections
Status: in_force

Sec. 10. (a) A person who has an interest in preserving evidence of a document, the record of which in the recorder's office has been destroyed, shall make a verified statement before the recorder that:

(1) the person has an interest in preserving evidence of the document;

(2) the document was previously recorded in the recorder's office; and

(3) the person has searched diligently for the original of the document and has not been able to find it.

After recording the person's statement and requiring the person to sign it, the recorder shall take and record the verified statement of each witness who testifies before the recorder. The recorder may be sworn as a witness by a person authorized to administer oaths.

(b) The recorder shall require each witness testifying under this section to make a verified statement of the person's interest in preserving the person's testimony, and shall include this statement in the record. The recorder shall require each witness to sign the record of the person's testimony and shall add the recorder's certificate stating that the witness was duly sworn.

(c) A recorder shall administer all oaths required by this section.

(d) Testimony admissible before the recorder under this section consists of witnesses' best recollections of:

(1) the execution and acknowledgment of the document;

(2) the date of the document;

(3) the contents of the document;

(4) the prior recording of the document in the recorder's office; and

(5) the time when the document was initially recorded or deposited for record.

(e) The recorder shall record the complete statement of each witness who testifies before the recorder. The recorder may not include the recorder's own conclusions in the record.

[Pre-Local Government Recodification Citations: 5-15-8-6; 5-15-8-7; 5-15-8-15 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.107.
Ind. Code § 36-7-2.5-4 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-4
"Certified building official"
Status: in_force

Sec. 4. As used in this chapter, "certified building official" means a person certified by the International Code Council as qualified to inspect and determine compliance of a Class 2 structure with the Indiana residential code (675 IAC 14).

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-8-8.3-1 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a 1977 fund member who receives a final determination of an impairment for a mental health illness under IC 36-8-8-13.1 after December 31, 2012.

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-1-4-15 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-15
Compensation of officers and employees
Status: in_force

Sec. 15. A unit may fix the level of compensation of its officers and employees.

[Pre-Local Government Recodification Citations: 18-1-1.5-2(13); 18-4-2-14; 18-4-2-29 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-9-9-5 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-5
Construction of street lights; contracts; commission orders
Status: in_force

Sec. 5. (a) When the declaratory resolution, as originally adopted or as modified, has been confirmed, the municipal works board shall notify and negotiate with any utility that operates and supplies electrical current within the municipality. The works board shall attempt to enter into a contract with the utility for the lighting described in the plans and specifications, and may cause the municipality to enter into such a contract, in strict accordance with the plans, drawings and specifications on file.

(b) If more than one (1) utility supplies electricity in the municipality and has the right to serve the electric system petitioned for, the municipal works board shall publish a notice in accordance with IC 5-3-1. The notice must state the nature of the work, state that drawings, plans, and specifications are on file in the office of the works board or the municipal clerk, call for sealed bids for the lighting and the maintenance of the system, and state that the bids must be filed not less than ten (10) days after the last publication and must comply with the manner and form in which bids for public improvements are filed in municipalities. If a satisfactory bid is received by the time fixed in the notice, the works board shall attempt to enter into a contract with the utility that is the lowest responsible bidder for the furnishing of that lighting.

(c) If the municipality owns and operates an electric utility and no other electric utility is authorized to render the service petitioned for, then the electrical lighting system petitioned for may be installed, maintained, and operated by the municipality. An electrical system established under this section shall be maintained, operated, and paid for in the same manner as an electrical system that is established under this chapter by a public utility.

(d) The annual cost of lighting as fixed by the contract may not exceed the estimated cost of lighting on file with the plans and specifications. The contract must require lighting service for a period of not less than five (5) years and not more than fifteen (15) years, and must describe in detail the service to be rendered and the prices to be paid to the utility.

(e) If the municipality is unable to make an agreement with a utility, the municipality may file its petition with the utility regulatory commission. The commission shall conduct a hearing on the petition, in accordance with law and the rules of the commission. The commission may then require a utility supplying electrical current within the municipality to enter into a contract to construct the electric system of lighting in accordance with the plans and specifications on file with the municipality, and to maintain and operate the system at the prices, on the terms, for the period of time, and upon the conditions that the commission requires. Such an order of the commission is binding upon the municipality and utility:

(1) in the same manner as other orders of the commission; and

(2) as if a contract had been entered into between the municipality and the utility covering the same subject matter;

subject to all rights of appeal from the commission.

(f) After a contract has been entered into between the municipality and utility and has been approved by the utility regulatory commission, or if the construction, maintenance, and operation of the lighting system has been ordered by the commission, the utility which is a party to the contract or order shall, within a reasonable time, construct the system at its own expense. The utility shall maintain and operate the system in strict accordance with the agreement and order, and at the annual rates, tolls, or charges fixed by contract or by the order of the commission. The commission may investigate the rates, tolls, and charges in the same manner and to the same extent that it may investigate and revise the rates, tolls, and charges for electric current supplied by a public utility under IC 8-1-2.

[Pre-Local Government Recodification Citations: 19-5-24-4; 19-5-24-5; 19-5-24-7; 19-5-24-14.]

As added by Acts 1981, P.L.309, SEC.82. Amended by Acts 1981, P.L.45, SEC.42; P.L.23-1988, SEC.123.
Ind. Code § 36-8-16.6-10 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-10
"Seller"
Status: in_force

Sec. 10. As used in this chapter, "seller" means a person that sells prepaid wireless telecommunications service to another person, including a retail merchant that meets the economic threshold under IC 6-2.5-2-1(d).

As added by P.L.113-2010, SEC.151. Amended by P.L.159-2021, SEC.42; P.L.118-2024, SEC.35.
Ind. Code § 36-1-22-3 — Indiana Code / Title 36 / Article 1 / Chapter 22 / Section 36-1-22-3
"Remodeler"
Status: in_force

Sec. 3. As used in this chapter, "remodeler" means a person engaged in altering, repairing, restoring, maintaining, or modifying an existing residential dwelling.

As added by P.L.218-2014, SEC.20.
Ind. Code § 36-7-4-1205 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1205
Township joinder; choice of municipality for joinder
Status: in_force

Sec. 1205. ADVISORY. If a township is contiguous to two (2) or more municipalities, the township may elect the municipality with which it wants to join.

[Pre-Local Government Recodification Citations: 18-7-4-1205; 18-7-6-6.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-7.5-4-10 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-10
Agreements; common wall; easements; licenses
Status: in_force

Sec. 10. The development authority and an eligible political subdivision may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county in which the project is located.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-1-12-23 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-23
Application of IC 5-22-16.5 to award of contracts under article
Status: in_force

Sec. 23. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with the Government of Iran) applies to the awarding of contracts, including contracts for professional services, under this chapter.

(b) For purposes of applying IC 5-22-16.5 to contracts awarded under this chapter, the following apply:

(1) A reference to an "offer" in IC 5-22-16.5 refers to:

(A) a bid for a contract; or

(B) a proposal to provide professional services;

under this chapter.

(2) A person may not be awarded a contract under this chapter if the person would be disqualified from being awarded a contract under IC 5-22-16.5.

(3) The procedures, rights, and application of penalties described in IC 5-22-16.5 shall be applied in the context of this chapter so that the public policy of IC 5-22-16.5 and this chapter are both implemented.

As added by P.L.21-2012, SEC.8.
Ind. Code § 36-7-31.6-10 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-10
Professional sports development area fund
Status: in_force

Sec. 10. If a tax area is established under section 7 of this chapter, a professional sports development area fund is established for that tax area. The fund shall be administered by the department. Money in the fund does not revert to the state general fund at the end of a state fiscal year.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-8-21.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-1
"Department"
Status: in_force

Sec. 1. As used in this chapter, "department" refers to:

(1) the department of homeland security established by IC 10-19-2-1; or

(2) an appropriate division within the department of homeland security, as determined by the executive director of the department of homeland security.

As added by P.L.89-2008, SEC.1.
Ind. Code § 36-7-22-2 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-2
"Board" defined
Status: in_force

Sec. 2. As used in this chapter, "board" refers to an economic improvement board established under section 11 of this chapter.

As added by P.L.195-1988, SEC.1.
Ind. Code § 36-8-2-11 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-11
Regulation of solicitations
Status: in_force

Sec. 11. A unit may regulate solicitation by persons offering goods or services to the public or solicitation for charitable causes.

[Pre-Local Government Recodification Citations: 18-1-1.5-13(e); 18-3-1-41 part; 18-4-2-12 part.]

As added by Acts 1980, P.L.211, SEC.3.
Ind. Code § 36-9-23-26.1 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-26.1
Objections to rates and charges; bonds; hearings
Status: in_force

Sec. 26.1. (a) Owners of property connected or to be connected to and served by the sewage works authorized under this chapter may file a written petition objecting to the rates and charges of the sewage works so long as:

(1) the petition contains the names and addresses of the petitioners;

(2) the petitioners attended the public hearing provided under section 26 of this chapter;

(3) the written petition is filed with the municipal legislative body within five (5) days after the ordinance establishing the rates and charges is adopted under section 26 of this chapter;

(4) the written petition states specifically the ground or grounds of objection; and

(5) the petitioners have not filed a petition with the commission under IC 8-1.5-3-8.3 appealing the same rates and charges of the utility.

(b) Unless the objecting petition is abandoned, the municipal clerk shall file in the office of the clerk of the circuit or superior court of the county a copy of the rate ordinance or ordinances together with the petition. The court shall then set the matter for hearing at the earliest date possible, which must be within twenty (20) days after the filing of the petition with the court. The court shall send notice of the hearing by certified mail to the municipality and to the first signer of the petition at the address shown on the petition. All interested parties shall appear in the court without further notice, and the municipality may not conduct any further proceedings concerning the rates and charges until the matters presented by the petition have been heard and determined by the court.

(c) At the discretion and upon direction of the court, the petitioners shall file with the petition a bond in the sum and with the security fixed by the court. The bond must be conditioned on the petitioners' payment of all or part of the costs of the hearing and any damages awarded to the municipality if the petition is denied, as ordered by the court.

(d) Upon the date fixed in the notice, the court shall, without a jury, hear the evidence produced. The court may confirm the decision of the municipal legislative body or sustain the objecting petition. The order of the court is final and conclusive upon all parties to the proceeding and parties who might have appeared at the hearing, subject only to the right of direct appeal. All questions that were presented or might have been presented are considered to have been adjudicated by the order of the court, and no collateral attack upon the decision of the municipal legislative body or order of the court is permitted.

(e) If the court sustains the petition, or if it is sustained on appeal, the municipal legislative body shall set the rates and charges in accordance with the decision of the court.

As added by P.L.77-1991, SEC.5. Amended by P.L.139-2012, SEC.6.
Ind. Code § 36-1-29.5-12 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-12
Transfers and deposits into fund
Status: in_force

Sec. 12. (a) The fiscal body of a unit may transfer or deposit the following into a fund:

(1) Any private grants or contributions.

(2) Appropriations to the fund included in the unit's budget.

(3) Except for money in a fund with a restricted purpose, but otherwise notwithstanding any use of funds prohibition as long as the transfer or deposit is authorized by the relevant statutory procedure:

(A) any surplus, unexpended, unappropriated, unencumbered, or otherwise available public or private money; and

(B) from any general account, reverting or nonreverting fund, special account, or trust, other than a fund or account that receives bond proceeds, created or administered by any department, board, authority, commission, political subdivision, special service district, special taxing district, or any other instrumentality of local government under IC 36 with authority to collect or receive taxes, interest, or any other public or private money.

(b) Notwithstanding any other statute, an executive of a unit that has established a program under section 8 of this chapter, after consulting with the fiscal body and fiscal officer of the unit, may authorize a transfer or loan to a fund from any dedicated fund or account, other than a fund or account that receives bond proceeds, before the purpose for which the dedicated fund or account was established has been accomplished.

(c) Two (2) or more units may, by written agreement, collaborate, commingle funds, or otherwise work together for the benefit of administering or carrying out the purposes of the units' funds.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-1-8-11 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-11
Methods of payments to political subdivisions or utilities; transaction and other fees
Status: in_force

Sec. 11. (a) This section does not apply to a county treasurer governed by IC 36-2-10-23.

(b) As used in this section, "credit card" means a:

(1) credit card;

(2) debit card;

(3) charge card; or

(4) stored value card.

(c) A payment to a political subdivision or a municipally owned utility for any purpose may be made by any of the following financial instruments that the fiscal body of the political subdivision or the board of the municipally owned utility authorizes for use:

(1) Cash.

(2) Check.

(3) Bank draft.

(4) Money order.

(5) Bank card or credit card.

(6) Electronic funds transfer.

(7) Any other financial instrument authorized by the fiscal body.

(d) If there is a charge to the political subdivision or municipally owned utility for the use of a financial instrument, the political subdivision or municipally owned utility may collect a sum equal to the amount of the charge from the person who uses the financial instrument.

(e) If authorized by the fiscal body of the political subdivision or the board of the municipally owned utility, the political subdivision or municipally owned utility may accept payments under this section with a bank card or credit card under the procedures set forth in this section. However, the procedure authorized for a particular type of payment must be uniformly applied to all payments of the same type.

(f) The political subdivision or municipally owned utility may contract with a bank card or credit card vendor for acceptance of bank cards or credit cards. However, if there is a vendor transaction charge or discount fee, whether billed to the political subdivision or municipally owned utility or charged directly to the political subdivision's or municipally owned utility's account, the political subdivision or municipally owned utility may collect from the person using the card either or both of the following:

(1) An official fee that may not exceed the transaction charge or discount fee charged to the political subdivision or municipally owned utility by bank or credit card vendors.

(2) A reasonable convenience fee:

(A) that may not exceed three dollars ($3); and

(B) that must be uniform regardless of the bank card or credit card used.

The fees described in subdivisions (1) and (2) may be collected regardless of retail merchant agreements between the bank and credit card vendors that may prohibit such fees. These fees are permitted additional charges under IC 37-2-4-5.

(g) The political subdivision or municipally owned utility may pay any applicable bank card or credit card service charge associated with the use of a bank card or credit card under this subsection.

(h) The authorization of the fiscal body of the political subdivision is not required by the bureau of motor vehicles or the bureau of motor vehicles commission to use electronic funds transfer or other financial instruments to transfer funds to the political subdivision.

As added by P.L.40-1996, SEC.5. Amended by P.L.18-1996, SEC.32; P.L.2-1997, SEC.78; P.L.173-2003, SEC.20; P.L.137-2012, SEC.115; P.L.105-2013, SEC.2; P.L.115-2026, SEC.92.
Ind. Code § 36-9-27-42 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-42
Increases and decreases in assessments for periodic maintenance of drains; procedure
Status: in_force

Sec. 42. (a) The board may at any time increase or decrease the amount annually assessed for periodic maintenance of a regulated drain if the board finds that the county surveyor's estimate of the cost of maintaining the drain was insufficient or excessive.

(b) The board may decrease the amount annually assessed without notice to the affected owners if the percentage of benefit assigned to all tracts of land affected is not changed from that originally determined by the board.

(c) The board may increase the amount annually assessed once without notice to the affected owners if:

(1) the percentage of benefit assigned to all tracts of land affected is not changed from that originally determined by the board; and

(2) the increase does not exceed twenty-five percent (25%) of the amount initially established.

(d) If the board:

(1) finds that the percentage of benefit assigned to any particular tract or tracts of land should be increased due to a change in land use or for any other reason; or

(2) proposes an increase or decrease that would affect all of the lands assessed for the maintenance of the drain and that is not exempted from the giving of notice under subsection (b) or (c);

the board shall mail a notice to the owner or owners of the land. The notice must state the proposed change in the assessment, and specify a date, time, and place, not less than ten (10) days after the notice is mailed, when the board will hear objections to the change. An owner may file written objections to the proposed change on or before the date of the hearing. At the hearing, the board shall consider all objections and evidence filed and shall enter an order as justice may require. The board shall mail a copy of its order to the owner or owners affected. If an owner does not request judicial review of the order under section 106 of this chapter within twenty (20) days after the owner's receipt of the copy of the order, the order becomes conclusive.

(e) A joint board that includes three (3) or more counties in a drainage basin that exceeds one hundred thousand (100,000) acres shall publish notice in accordance with IC 5-3-1 instead of mailing notice to the owner or owners of land as required by subsection (d).

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

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.25; P.L.370-1983, SEC.2; P.L.127-2017, SEC.337.
Ind. Code § 36-9-37-23 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-23
Certification of delinquent assessments
Status: in_force

Sec. 23. (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) Except as provided in subsection (d), before June 1 of each year the municipal fiscal officer shall certify to the county auditor a list of all delinquent waivered and nonwaivered assessments. The list must include the following:

(1) The name or names of the owner or owners of each piece of real property on which the assessments for principal and interest are in default.

(2) The description of each of those pieces of property as shown by the records of the county auditor.

(3) The total amount of principal, interest, and penalty due on each of those pieces of property.

(c) The county auditor shall immediately enter the list in a special duplicate and transmit the list to the county treasurer for collection.

(d) After the county treasurer receives the list, payments on the delinquent assessments shall be made only to the county treasurer and may not be accepted by the municipal fiscal officer. However, this subsection does not apply to payments from the county under section 24 of this chapter.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-9-41-1 — Indiana Code / Title 36 / Article 9 / Chapter 41 / Section 36-9-41-1
Application
Status: in_force

Sec. 1. This chapter applies to the following:

(1) A public work project that will cost the political subdivision not more than two million dollars ($2,000,000).

(2) An eligible efficiency project that will cost not more than three million dollars ($3,000,000).

As added by P.L.81-2004, SEC.47. Amended by P.L.88-2009, SEC.16.
Ind. Code § 36-7-38-16 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-16
Prohibited buyers; delinquent taxpayers
Status: in_force

Sec. 16. (a) This section applies to the following:

(1) A person who owes:

(A) delinquent taxes;

(B) special assessments;

(C) penalties;

(D) interest;

(E) costs directly attributable to a prior tax sale, if the tax sale occurs before July 1, 2016; or

(F) costs attributable to a prior tax sale or tax delinquency, if the tax sale occurs after June 30, 2016;

on a tract of real property listed under IC 6-1.1-24-1.

(2) A person who is an agent of the person described in subdivision (1).

(b) A person subject to this section may not purchase, receive, or lease a tract that is offered by a land bank in a sale, exchange, or lease under this chapter.

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

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-1-29.5-6 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-6
"Unit"
Status: in_force

Sec. 6. As used in this chapter, "unit" means a county, city, or town.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-9-29.1-8 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-8
Hearing and final decision concerning project
Status: in_force

Sec. 8. (a) At or before the time fixed for the hearing, any person interested in or who will be affected by the proposed project may file with the board a written remonstrance against the proposed project, in whole or in part.

(b) At the hearing, which may be adjourned from time to time, the board shall hear all persons who are interested in the proceedings and shall finally determine whether or not the proposed project, in whole or in part, is necessary for the general welfare, safety, and security of the flood control district, in order to provide flood prevention and control. The board may then confirm, modify and confirm as modified, or rescind the resolution.

(c) The final decision shall be entered in the records of the board and is final, binding, and conclusive upon all persons.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-1-14-1.5 — Indiana Code / Title 36 / Article 1 / Chapter 14 / Section 36-1-14-1.5
Surplus earnings of municipally owned utilities; donation to local economic development organizations; qualifying municipalities; existing obligations
Status: in_force

Sec. 1.5. (a) This section applies to a municipality that meets both of the following:

(1) The municipality has a municipally owned utility that has donated funds of the municipally owned utility to a local economic development organization before July 1, 2012.

(2) The municipality is a city having a population of more than eleven thousand (11,000) and less than eleven thousand nine hundred (11,900).

(b) As used in this section, "local economic development organization" includes the following:

(1) A nonprofit corporation established under state law whose primary purpose is the promotion of industrial or business development in Indiana, the retention or expansion of Indiana businesses, or the development of entrepreneurial activities in Indiana.

(2) A nonprofit educational organization whose primary purpose is educating and developing local leadership for economic development initiatives.

(3) Any similar organization, including a partnership between private enterprise and one (1) or more units, the purposes of which include:

(A) promoting development activities in one (1) or more units;

(B) coordinating local efforts to attract jobs and new business investment;

(C) providing assistance to existing businesses to foster growth and job retention; and

(D) sustaining and improving the quality of life in the units served.

(c) A municipal legislative body, with the approval of the board (as defined in IC 8-1.5-3-2) of the municipality's municipally owned utility, may donate funds from the municipally owned utility's surplus earnings (as defined in IC 8-1.5-3-11) to a local economic development organization as long as the terms and conditions of any bond ordinance, resolution, indenture, contract under IC 8-1-2.2, or similar instrument binding upon the municipally owned utility are complied with before the donation is made.

As added by P.L.226-2013, SEC.1. Amended by P.L.104-2022, SEC.143.
Ind. Code § 36-7-14-25.2 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-25.2
Leased facilities; procedure; fiscal body approval
Status: in_force

Sec. 25.2. (a) Subject to the prior approval of the fiscal body of the unit under subsection (c), a redevelopment commission may enter into a lease of any property that could be financed with the proceeds of bonds issued under this chapter with a lessor for a term not to exceed:

(1) fifty (50) years, for a lease entered into before July 1, 2008;

(2) thirty-five (35) years, for leases entered into after June 30, 2019, to finance a project that is located in a redevelopment project area, an economic development area, or an urban renewal project area and that includes, as part of the project, the use and repurposing of two (2) or more buildings and structures that are:

(A) at least seventy-five (75) years old; and

(B) located at a site at which manufacturing previously occurred over a period of at least seventy-five (75) years; or

(3) twenty-five (25) years, for a lease that is not described in subdivision (1) or (2), or a lease entered into by the commission of a qualified city for the purpose of financing a mixed use development project.

The lease may provide for payments to be made by the redevelopment commission from special benefits taxes levied under section 27 of this chapter, taxes allocated under section 39 of this chapter, any other revenues available to the redevelopment commission, or any combination of these sources.

(b) A lease may provide that payments by the redevelopment commission to the lessor are required only to the extent and only for the period that the lessor is able to provide the leased facilities in accordance with the lease. The terms of each lease must be based upon the value of the facilities leased and may not create a debt of the unit or the district for purposes of the Constitution of the State of Indiana.

(c) A lease may be entered into by the redevelopment commission only after a public hearing by the redevelopment commission at which all interested parties are provided the opportunity to be heard. After the public hearing, the redevelopment commission may adopt a resolution authorizing the execution of the lease on behalf of the unit if it finds that the service to be provided throughout the term of the lease will serve the public purpose of the unit and is in the best interests of its residents. Any lease approved by a resolution of the redevelopment commission must also be approved by an ordinance or resolution of the fiscal body of the unit. The approving ordinance or resolution of the fiscal body must include the following:

(1) The maximum annual lease rental for the lease.

(2) The maximum interest rate or rates, any provisions for redemption before maturity, and any provisions for the payment of capitalized interest associated with the lease.

(3) The maximum term of the lease.

(d) Upon execution of a lease providing for payments by the redevelopment commission in whole or in part from the levy of special benefits taxes under section 27 of this chapter and upon approval of the lease by the unit's fiscal body, the redevelopment commission shall publish notice of the execution of the lease and its approval in accordance with IC 5-3-1. Fifty (50) or more taxpayers residing in the redevelopment district who will be affected by the lease and who may be of the opinion that no necessity exists for the execution of the lease or that the payments provided for in the lease are not fair and reasonable may file a petition in the office of the county auditor within thirty (30) days after the publication of the notice of execution and approval. The petition must set forth the petitioners' names, addresses, and objections to the lease and the facts showing that the execution of the lease is unnecessary or unwise or that the payments provided for in the lease are not fair and reasonable, as the case may be.

(e) Upon the filing of the petition, the county auditor shall immediately certify a copy of it, together with such other data as may be necessary in order to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and information, the department of local government finance shall fix a time for a hearing, which must be not less than five (5) or more than thirty (30) days after the time is fixed. The department of local government finance may either hold the hearing in the affected county or through electronic means. Notice of the hearing shall be given by the department of local government finance to the members of the fiscal body, to the redevelopment commission, and to the first fifty (50) petitioners on the petition by a letter signed by the commissioner or deputy commissioner of the department and enclosed with fully prepaid postage sent to those persons at their usual place of residence, at least five (5) days before the date of the hearing. The decision of the department of local government finance on the appeal upon the necessity for the execution of the lease, and as to whether the payments under it are fair and reasonable, is final.

(f) A redevelopment commission entering into a lease payable from allocated taxes under section 39 of this chapter or other available funds of the redevelopment commission may:

(1) pledge the revenue to make payments under the lease pursuant to IC 5-1-14-4; and

(2) establish a special fund to make the payments.

(g) Lease rentals may be limited to money in the special fund so that the obligations of the redevelopment commission to make the lease rental payments are not considered debt of the unit or the district for purposes of the Constitution of the State of Indiana.

(h) Except as provided in this section, no approvals of any governmental body or agency are required before the redevelopment commission enters into a lease under this section.

(i) An action to contest the validity of the lease or to enjoin the performance of any of its terms and conditions must be brought within thirty (30) days after the publication of the notice of the execution and approval of the lease. However, if the lease is payable in whole or in part from tax levies and an appeal has been taken to the department of local government finance, an action to contest the validity or enjoin the performance must be brought within thirty (30) days after the decision of the department.

(j) If a redevelopment commission exercises an option to buy a leased facility from a lessor, the redevelopment commission may subsequently sell the leased facility, without regard to any other statute, to the lessor at the end of the lease term at a price set forth in the lease or at fair market value established at the time of the sale by the redevelopment commission through auction, appraisal, or arms length negotiation. If the facility is sold at auction, after appraisal, or through negotiation, the redevelopment commission shall conduct a hearing after public notice in accordance with IC 5-3-1 before the sale. Any action to contest the sale must be brought within fifteen (15) days of the hearing.

As added by P.L.380-1987(ss), SEC.11. Amended by P.L.90-2002, SEC.474; P.L.146-2008, SEC.733; P.L.149-2014, SEC.14; P.L.257-2019, SEC.118; P.L.165-2021, SEC.206; P.L.38-2021, SEC.87; P.L.220-2021, SEC.11.
Ind. Code § 36-10-10-22 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-22
Bonds; trust indenture
Status: in_force

Sec. 22. In the discretion of the board, the bonds may be secured by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana having trust powers. The trust indenture may mortgage all or part of the land, convention center, or both for which the bonds are issued. The trust indenture may contain the provisions for protecting and enforcing the rights and remedies of the bondholders that are reasonable and proper, including covenants setting forth the duties of the authority and board in relation to the construction of the convention center, its insurance, and the custody, safeguarding, and application of all money received or to be received by the authority due to the convention center financed by the issuance of the bonds. The indenture may set forth the rights and remedies of the bondholders and trustee and provisions restricting the individual right of action of bondholders. Within the limits of this chapter, the board may provide by resolution or in the trust indenture for the payment of the proceeds of the sale of the bonds to an officer, board, or depository as it determines for the custody of them and for the method of disbursement, with safeguards and restrictions that it determines.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-7-4-704 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-704
Subdivision control; fees; uniform schedule; payment
Status: in_force

Sec. 704. The plan commission shall establish a uniform schedule of fees proportioned to the cost of checking and verifying the proposed plats. An applicant shall pay the specified fee upon the filing of an application for approval.

[Pre-Local Government Recodification Citations: 18-7-2-54 part; 18-7-4-704; 18-7-4-60 part; 18-7-5-51 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.36; Acts 1982, P.L.211, SEC.8.
Ind. Code § 36-9-29-23 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-23
Bonds; issuance; amount; sale procedure
Status: in_force

Sec. 23. (a) The flood control board shall, by resolution, direct that bonds be issued in the name of the flood control district:

(1) for the purpose of procuring money to pay the cost of acquisition of property, the cost of construction or installation of flood control works, or both; and

(2) in anticipation of the collection of the special benefit taxes to be levied under this chapter.

(b) The amount of the bonds may not exceed:

(1) the total cost of property to be acquired and the total amount of damages to be awarded on account of property injuriously affected but not acquired, as shown by the acquisition and damage roll previously adopted and filed by the flood control board or as determined by court action;

(2) the contract price of the works contracted for, or the estimated cost of additional labor, materials, machinery, and equipment when the federal government or others have agreed to supply a part of those items for use on the construction of any part of the works and no construction contract is to be let;

(3) an amount sufficient to pay the cost of supervision and inspection during the period of construction;

(4) all other general, administrative, legal, engineering, and incidental expenses previously incurred on account of or in connection with the establishment of the district, the administration of its affairs, the acquisition of property, and the construction of the works, together with the expenses to be incurred in connection with the issuance and sale of bonds; and

(5) an amount sufficient to pay any outstanding warrants issued for the purpose of obtaining money for expenses before the issuance of bonds.

(c) If different parcels of land are to be acquired or more than one (1) contract for work is let by the flood control board at approximately the same time, the board may provide for the total cost of the land or work in one (1) issue of bonds. If the cost of acquiring property or the amount required for the payment of damages to property not acquired exceeds the board's estimate of the amount required for that purpose, additional bonds may be issued to supply the deficiency.

(d) The bonds shall be issued in any denomination not exceeding one thousand dollars ($1,000), and in not less than twenty (20) nor more than sixty (60) series, which must be as nearly equal as possible considering the amount of the issue, the number of serial maturities, and the denominations to be used.

(e) The bonds are payable one (1) series each six (6) months. The first payment shall be made on January 1 in the second year following the date of their issue, if a tax levy to meet the requirements of the bonds is made in the year in which the bonds are issued. Otherwise, the first series of bonds is payable on January 1 of the third year following the date of their issue.

(f) The bonds are negotiable instruments.

(g) The bonds may bear interest at any rate, with the exact rate to be determined by bidding. The interest is payable semiannually on January 1 and July 1 of each year, with the first interest payable on July 1 preceding the maturity date of the first series of bonds.

(h) The bonds shall be signed by the president or vice president of the flood control board, and attested by the executive secretary of the board. The interest coupons shall be executed by placing on them the facsimile signature of the president or vice president whose signature appears on the bonds.

(i) The flood control board may not issue any bonds of the flood control district payable out of special benefit taxes when the total amount outstanding for that purpose, including the bonds issued and to be issued, is in excess of five percent (5%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15. All bonds or obligations issued in violation of this subsection are void.

(j) The bonds are not a corporate obligation or indebtedness of any unit having territory included in the district, but are an indebtedness of the flood control district as a special taxing district. The bonds are payable solely out of the special benefit taxes levied under this chapter. The bonds must state these facts upon their face, together with the purpose for which they are issued.

(k) The bonds of any issue may be sold in parcels or as a whole. Notice of the sale must be given by publication in accordance with IC 5-3-1.

(l) The bonds shall be sold to the highest qualified bidder, but may not be sold for less than their par value. The highest bidder is the person who offers the lowest net interest cost to the district, as determined by computing the total interest on all of the bonds to their maturities and then deducting the premium bid, if any.

(m) When the flood control board sells the bonds, the executive secretary of the board shall have the bonds prepared and executed, and shall deliver them to the county treasurer, together with a certificate showing the amount to be paid by the purchaser. Upon the payment of the purchase price the treasurer shall deliver the bonds to the purchaser. The executive secretary shall furnish the successful bidder a transcript of the proceedings relating to the authorization and issuance of the bonds, together with the other documents necessary to establish the validity of the bonds. The transcript and other documents are presumptive evidence of the validity of the bonds, and shall be accepted in evidence in any litigation relating to or affecting the bonds.

[Pre-Local Government Recodification Citation: 19-4-18-14 part.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.45, SEC.91; P.L.6-1997, SEC.226.
Ind. Code § 36-9-25-42 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-42
Financial assistance to certain property owners
Status: in_force

Sec. 42. (a) The board may adopt a resolution authorizing the board to provide financial assistance, including grants, to property owners to construct or install regulating devices, improvements, or overhead plumbing or backflow prevention devices for one (1) or more of the following purposes:

(1) To regulate or prevent discharge into private dwellings.

(2) To prevent the pollution of streams or bodies of water.

(3) To reduce or ameliorate inflow and infiltration in sewage works.

(4) To remedy or prevent a menace to the public health and welfare.

(b) A resolution adopted by the board under subsection (a) must do the following:

(1) State that provided financial assistance as described in subsection (a) will accomplish one (1) or more of the purposes listed in subsection (a)(1) through (a)(4).

(2) State that the board anticipates that the costs associated with providing the financial assistance will be less than the financial burdens potentially incurred if the financial assistance is not provided.

(3) Find that providing financial assistance as described in subsection (a) is necessary to avoid or reduce additional financial burdens.

(4) Establish rules and regulations concerning financial assistance provided under subsection (a). A rule or regulation must provide that:

(A) a grant or other financial assistance provided by the board may not exceed eighty percent (80%); and

(B) the property owner that receives the financial assistance must pay for at least twenty percent (20%);

of the total anticipated cost of the project for which the financial assistance is provided.

As added by P.L.168-2009, SEC.11.
Ind. Code § 36-7-4-1008 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1008
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-2-80; 18-7-4-1008; 18-7-4-87; 18-7-5-91.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.54. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-1.5-4-42 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-42
Transfer of functions of elected office
Status: reserved

Sec. 42. If the functions of an elected office are transferred to another elected office by a reorganization under this article, any law, rule, or agreement that requires or permits an action by an elected officer shall be treated after the functions of the elected officer are transferred as referring to the elected officer to which the functions have been transferred by the reorganization.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-9-31-15 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-15
Trust indenture, resolution, or ordinance; bonds issued
Status: in_force

Sec. 15. The bonds issued under this chapter may be secured by a trust indenture by and between the consolidated city and a corporate trustee, which may be any national or state bank having its principal office in Indiana and having trust powers. The trust indenture or resolution or ordinance under which the bonds are issued may:

(1) mortgage the land, any interest in land, or the facilities on account of which the bonds are issued;

(2) pledge the revenues or any other funds, or any part of them, to be received by the consolidated city;

(3) contain such provisions for protecting and enforcing the rights and remedies of the bondholders or lenders as may be considered reasonable, including covenants setting forth the duties of the city and board in relation to the construction of the facilities and the custody, safeguarding, application, and investment of all money received or to be received by the city on account of the facilities financed by the issuance of the bonds;

(4) provide for the establishment of reserve funds from the bond proceeds or from other sources to the extent authorized;

(5) set forth the rights and remedies of the bondholders and trustee, and provisions restricting the individual right or actions of bondholders;

(6) contain provisions regarding investment of funds, sales, exchange or disposal of property, and manner of authorizing and making of payments without regard to any general statute relating to these matters;

(7) provide for the payment of the proceeds of the sale of bonds to such trustee, officer, bank, or depository as it may determine for their custody, and for the method of their disbursement, with such safeguards and restrictions as it may determine;

(8) provide for the appointment of a receiver by the superior court of the county under terms and conditions as are considered reasonable; and

(9) contain such other provisions as the authority may consider reasonable and proper for the security of the bondholders.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-1-20-3 — Indiana Code / Title 36 / Article 1 / Chapter 20 / Section 36-1-20-3
Deposit of fees in dedicated fund; budgeting of money in fund; nonreversion
Status: in_force

Sec. 3. Any fee assessed and collected by a political subdivision pertaining exclusively to a rental unit or rental unit community must be maintained in a special fund dedicated solely to reimbursing the costs actually incurred by the political subdivision relating to the imposition and amount of the fee. Each fund shall be maintained as a separate line item in the political subdivision’s budget. Money in the fund may not at any time revert to the general fund or any other fund of the political subdivision.

As added by P.L.212-2011, SEC.1. Amended by P.L.193-2014, SEC.4.
Ind. Code § 36-8-10-20.1 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-20.1
County sheriffs' standard vehicle marking and uniform commission; establishment; adoption of rules; limitation of authority
Status: repealed

Sec. 20.1. (a) A county sheriffs' standard vehicle marking and uniform commission is established. The commission consists of three (3) members, not more than two (2) of whom may be of the same political party. Members of the commission shall be appointed by the governor for four (4) year terms. Each member must be an elected and acting county sheriff. The governor shall fill a vacancy on the commission for the unexpired term. Members serve without compensation.

(b) The commission shall, by rules adopted under IC 4-22-2, establish the following for sheriffs and their full-time paid deputies:

(1) A uniform of standard design and color.

(2) A standard design and color of vehicle marking for all county owned vehicles used by the sheriff's department.

The rules adopted under this subsection must provide exceptions for unmarked cars and plainclothes deputies.

(c) All vehicles and uniforms purchased after the effective date of the rules adopted under subsection (b) must meet the standards established by the rules. The commission's authority is limited to establishing standards for:

(1) uniforms worn by county sheriffs and their full-time paid deputies; and

(2) vehicles used by the sheriff's department.

As added by P.L.224-1986, SEC.1.
Ind. Code § 36-7-8-3 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-3
Establishment of building, heating, ventilating, electrical, plumbing, and sanitation standards; ordinances
Status: in_force

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

Sec. 3. (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building, heating, ventilating, air conditioning, electrical, plumbing, and sanitation standards for unincorporated areas of the county. These standards take effect only on the legislative body's receipt of written approval from the fire prevention and building safety commission.

(b) An ordinance adopted under this section must be based on occupancy, and it applies to:

(1) the construction, alteration, equipment, use, occupancy, location, and maintenance of buildings, structures, and appurtenances that are on land or over water and are:

(A) erected after the ordinance takes effect; and

(B) if expressly provided by the ordinance, existing when the ordinance takes effect;

(2) conversions of buildings and structures, or parts of them, from one occupancy classification to another; and

(3) the movement or demolition of buildings, structures, and equipment for the operation of buildings and structures.

(c) The rules of the fire prevention and building safety commission are the minimum standards upon which ordinances adopted under this section must be based.

(d) An ordinance adopted under this section does not apply to private homes that are built by individuals and used for their own occupancy. However, onsite sewage systems of a private home described in this subsection must comply with state laws and rules.

[Pre-Local Government Recodification Citation: 17-2-72-1 part.]

As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984, SEC.125; P.L.208-2015, SEC.19.
Ind. Code § 36-7-39-8 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-8
Election of chairperson; vice chairperson; treasurer; term
Status: in_force

Sec. 8. (a) Each year the commission shall elect the following from among the members of the commission:

(1) A chairperson.

(2) A vice chairperson.

(3) A treasurer.

(b) An individual elected as a chairperson or a vice chairperson:

(1) serves a term of one (1) year beginning July 1 following the date the individual is elected; and

(2) may be reelected.

As added by P.L.58-2021, SEC.1.
Ind. Code § 36-8-3-3.6 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-3.6
Fire protection agreements
Status: in_force

Sec. 3.6. (a) As used in this section, "provider" means:

(1) a city, town, or township; or

(2) a volunteer fire department;

that provides fire protection services under an agreement described in subsection (b).

(b) A city or town may enter into an agreement with a provider to provide fire protection services to the city or town.

(c) If a city or town enters into an agreement under subsection (b), the agreement must be:

(1) in writing; and

(2) for a fixed term.

As added by P.L.257-2019, SEC.147.
Ind. Code § 36-6-1-5.5 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-5.5
Transfer of township area to abutting township; necessary conditions; effective date
Status: in_force

Sec. 5.5. (a) This section applies to an area that meets the following conditions:

(1) Contains not more than seven hundred (700) acres.

(2) Has a river along at least twenty-five percent (25%) of the perimeter of the area.

(3) Abuts a different township from the township in which the area is situated.

(b) An area is transferred from the township in which the area is situated to the township that the area abuts if the following conditions are met:

(1) The transfer results in a rectangular shape for the boundaries of both of the affected townships.

(2) A petition:

(A) containing a legal description of the area; and

(B) signed by at least fifty-one percent (51%) of the freeholders in the area;

is filed with the circuit court clerk and the office of the secretary of state.

(c) If the conditions specified in this section are met, the transfer occurs when the filing requirements of subsection (b) are met.

As added by P.L.259-1993, SEC.1. Amended by P.L.3-1997, SEC.468; P.L.123-2000, SEC.15; P.L.104-2022, SEC.173.
Ind. Code § 36-3-1-6.2 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-6.2
Emergency ambulance services
Status: in_force

Sec. 6.2. (a) If a consolidated fire department is established under section 6.1 of this chapter, the consolidated city, through the consolidated fire department, shall after the consolidation establish, operate, and maintain emergency ambulance services (as defined in IC 16-18-2-107) in the fire special service district and in those townships in the county that are consolidated under section 6.1 of this chapter.

(b) This section does not prohibit the providing of emergency ambulance services under an interlocal agreement under IC 36-1-7.

As added by P.L.227-2005, SEC.19.
Ind. Code § 36-7.5-4.5-12 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-12
"Rail project"
Status: in_force

Sec. 12. As used in this chapter, "rail project" refers to the following:

(1) The mainline double tracking project.

(2) The West Lake corridor project.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-7-9-10 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-10
Action to enforce orders
Status: in_force

Sec. 10. (a) The enforcement authority may cause the action required by an order issued under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) of this chapter to be performed by a contractor if:

(1) the order has been served, in the manner prescribed by section 25 of this chapter, on each person having a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises that are the subject of the order;

(2) the order has not been complied with;

(3) a hearing was not requested under section 5(b)(6) of this chapter, or, if a hearing was requested, the order was affirmed at the hearing; and

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

(b) The enforcement authority may cause the action required by an order, other than an order under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) of this chapter, to be performed if:

(1) service of an order under section 5(a)(1) of this chapter, in the manner prescribed by section 25 of this chapter, has been made on each person having a known or recorded substantial property interest or present possessory interest in the unsafe premises that are the subject of the order;

(2) service of an order under section 5(a)(6), 5(a)(7), or 5(a)(8) of this chapter, in the manner prescribed by section 25 of this chapter, has been made on each person having a known or recorded substantial property interest in the unsafe premises that are the subject of the order;

(3) the order has been affirmed or modified at the hearing in such a manner that all persons having a known or recorded substantial property interest, and persons holding a present possessory interest, as required, in the unsafe premises that are the subject of the order are currently subject to an order requiring the accomplishment of substantially identical action;

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

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

(c) If action is being taken under this section on the basis of an order that was served by publication, it is sufficient to serve the statement by publication and indicate that the enforcement authority intends to perform the work, unless the authority has received information in writing that enables it to make service under section 25 of this chapter by a method other than publication.

[Pre-Local Government Recodification Citation: 18-5-5.5-13.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.9; P.L.177-2003, SEC.6; P.L.169-2006, SEC.62.
Ind. Code § 36-7.7-6-3 — Indiana Code / Title 36 / Article 7.7 / Chapter 6 / Section 36-7.7-6-3
Tax exemption
Status: in_force

Sec. 3. (a) All:

(1) property owned by a development authority; and

(2) revenue of a development authority;

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

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

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-5-2-6 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-6
Residency requirement
Status: in_force

Sec. 6. (a) A member of the legislative body must reside within:

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

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

(b) A member of the legislative body who is elected by the voters of a district forfeits office if the member ceases to be a resident of the district.

(c) A member of the legislative body who is elected by the voters of the entire town but is elected or selected as a candidate from a district forfeits office if the member ceases to be a resident of the district.

(d) An at-large member of the legislative body forfeits office if the member ceases to be a resident of the town.

[Pre-Local Government Recodification Citation: 18-3-1-16 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987, SEC.561; P.L.3-1993, SEC.275.
Ind. Code § 36-8-7.5-5 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-5
Applications to local board for annuities, pensions, and benefits
Status: in_force

Sec. 5. (a) The local board shall consider and pass upon all applications for annuities, pensions, and benefits.

(b) The local board shall authorize the payment of any annuity, pension, or benefit, whether granted under this chapter or under any other statute superseded by this chapter.

(c) The local board may inquire into the validity of any grant of annuity, pension, or benefit paid from or payable out of the 1953 fund, whether the grant has been or is made in accordance with this chapter or with a statute in effect before February 25, 1953.

(d) The local board may effect an increase, decrease, or suspension of any grant payable from the 1953 fund whenever the grant or any part was secured or granted, or the amount fixed, as a result of misrepresentation, fraud, or error. However, a grant may not be reduced or suspended until the grantee concerned is:

(1) notified of the proposed action; and

(2) given an opportunity to be heard concerning the proposed action.

As added by Acts 1982, P.L.77, SEC.9.
Ind. Code § 36-8-8-1 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to:

(1) full-time police officers hired or rehired after April 30, 1977, in all municipalities, or who converted their benefits under IC 19-1-17.8-7 (repealed September 1, 1981);

(2) full-time fully paid firefighters hired or rehired after April 30, 1977, or who converted their benefits under IC 19-1-36.5-7 (repealed September 1, 1981);

(3) a police matron hired or rehired after April 30, 1977, and before July 1, 1996, who is a member of a police department in a second or third class city on March 31, 1996;

(4) a park ranger who:

(A) completed at least the number of weeks of training at the Indiana law enforcement academy or a comparable law enforcement academy in another state that were required at the time the park ranger attended the Indiana law enforcement academy or the law enforcement academy in another state;

(B) graduated from the Indiana law enforcement academy or a comparable law enforcement academy in another state; and

(C) is employed by the parks department of a city having a population of more than one hundred ten thousand (110,000) and less than one hundred fifty thousand (150,000);

(5) a full-time fully paid firefighter who is covered by this chapter before the effective date of consolidation and becomes a member of the fire department of a consolidated city under IC 36-3-1-6.1, provided that the firefighter's service as a member of the fire department of a consolidated city is considered active service under this chapter;

(6) except as otherwise provided, a full-time fully paid firefighter who is hired or rehired after the effective date of the consolidation by a consolidated fire department established under IC 36-3-1-6.1;

(7) a full-time police officer who is covered by this chapter before the effective date of consolidation and becomes a member of the consolidated law enforcement department as part of the consolidation under IC 36-3-1-5.1, provided that the officer's service as a member of the consolidated law enforcement department is considered active service under this chapter;

(8) except as otherwise provided, a full-time police officer who is hired or rehired after the effective date of the consolidation by a consolidated law enforcement department established under IC 36-3-1-5.1;

(9) a veteran described in IC 36-8-4.7;

(10) a full-time police officer or full-time fully paid firefighter who is employed by an airport authority; and

(11) a full-time school resource officer;

except as provided by section 7 of this chapter.

[Pre-Local Government Recodification Citations: subdivision (1) formerly 19-1-17.8-1 part; 19-1-17.8-16 part; 19-1-17.8-17 part; 19-1-47-1 part; subdivision (2) formerly 19-1-36.5-1 part; 19-1-36.5-16 part; 19-1-36.5-17 part; 19-1-47-1 part.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.132; P.L.236-1996, SEC.4; P.L.43-1997, SEC.6; P.L.22-1998, SEC.16; P.L.246-2001, SEC.16; P.L.227-2005, SEC.46; P.L.119-2012, SEC.218; P.L.115-2016, SEC.4; P.L.11-2023, SEC.125; P.L.102-2023, SEC.4; P.L.135-2024, SEC.6.
Ind. Code § 36-1-29-3 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-3
"Emergency"
Status: in_force

Sec. 3. As used in this chapter, "emergency" means a situation that:

(1) requires immediate action;

(2) is induced by weather or high lake levels; and

(3) either:

(A) creates the potential for imminent structural damage to private property in an area adjacent to Lake Michigan; or

(B) threatens or creates an imminent risk to the public health, welfare, or safety in areas adjacent to Lake Michigan.

As added by P.L.164-2020, SEC.64.
Ind. Code § 36-7-11.5-4 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-4
Repealed
Status: repealed

As added by P.L.92-2003, SEC.62. Repealed by P.L.234-2007, SEC.290.
Ind. Code § 36-9-29.1-15 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-15
Additional tax levy; flood control maintenance and general expense fund; temporary loans; insufficient funds
Status: in_force

Sec. 15. (a) For the purpose of:

(1) providing for the payment of all general expenses of the board, including salaries of officers and employees and other items of expense not properly chargeable into the cost of any property acquired or work done under any resolution of the board for which flood control district bonds are issued; and

(2) providing for the operation, maintenance, and repair of any levees, dikes, retaining walls, reservoirs, drains, and other works and improvements in or along any watercourse designed to prevent damage and injury through floods, and other permanent works constructed, including the repair and maintenance of equipment or the performance of any duty imposed by this chapter;

a tax of not exceeding one and thirty-three hundredths cents ($0.0133) on each one hundred dollars ($100) of taxable property in the district as it appears on the tax duplicates, in addition to all other taxes, shall be levied annually by the city-county legislative body for flood control purposes. The county auditor shall estimate the taxes and enter them upon the tax duplicate, and the county treasurer shall collect and enforce the taxes, in the same manner as state and county taxes are estimated, entered, collected, and enforced.

(b) The county treasurer shall, between the first and tenth days of each month, notify the board of the amount of such taxes collected for flood control purposes during the preceding month, and upon the date of notification the county treasurer shall credit an account to be known as the "flood control maintenance and general expense fund" with such amount of taxes for flood control purposes as may have been collected at that time. The fund shall be used and expended only for the purposes prescribed by this chapter. The board may expend on behalf of the district all sums of money thus realized. Warrants for these expenditures shall be drawn by the fiscal officer of the consolidated city upon the vouchers of the board.

(c) The board may by resolution authorize and make temporary loans in anticipation of revenues actually levied under this section, which loans mature and shall be paid within one (1) year from the date of the making of the loan, with interest payable at the maturity of the loan. The warrants or other evidence of these loans shall be sold for not less than par, and before the making of the loan, notice of the time, place, amount, and terms of making of the loan shall be given by publication in accordance with IC 5-3-1. The warrants import no personal obligation for their payment and are payable only out of the tax so levied.

(d) All money remaining in any of the funds to the credit of the board at the end of the calendar year continues to belong to these funds respectively, to be used by the board for the respective purposes for which the funds are created. All funds raised under this section shall be deposited at interest with the depository or depositories of other public funds of the consolidated city, and all interest collected on them belongs to them.

(e) In the event that the revenues in the "flood control maintenance and general expense fund" of the district are at any time insufficient, the consolidated city may appropriate money out of its general fund for the use and benefit of the district, which amount so appropriated and used shall be returned and repaid to the city out of the first available funds by the board.

As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.6-1997, SEC.229.
Ind. Code § 36-7.7-1-2 — Indiana Code / Title 36 / Article 7.7 / Chapter 1 / Section 36-7.7-1-2
Repealed
Status: repealed

As added by P.L.83-2020, SEC.2. Repealed by P.L.145-2025, SEC.21.
Ind. Code § 36-7-15.1-15.6 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-15.6
"Abutting landowner"; "offering price"; sale of property to abutting landowner; appraisal
Status: in_force

Sec. 15.6. (a) As used in this section, "abutting landowner" means an owner of property that:

(1) touches, borders on, or is contiguous to the property that is the subject of sale; and

(2) does not constitute a:

(A) public easement; or

(B) public right-of-way.

(b) As used in this section, "offering price" means the appraised value of real property plus all costs associated with the sale, including:

(1) appraisal fees;

(2) title insurance;

(3) recording fees; and

(4) advertising costs.

(c) If the assessed value of a tract of real property to be sold is less than fifteen thousand dollars ($15,000), based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired, the commission may proceed under this section.

(d) The commission may determine that:

(1) the highest and best use of the tract is sale to an abutting landowner;

(2) the cost to the public of maintaining the tract equals or exceeds the estimated fair market value of the tract; or

(3) it is economically unjustifiable to sell the tract under section 15 of this chapter.

(e) After the commission makes a determination under subsection (d), the commission shall publish a notice in accordance with IC 5-3-1 identifying the tracts intended for sale by legal description and, if possible, by key number and street address. The notice may be published solely on the political subdivision's official website (as defined in IC 5-3-5-2) in accordance with IC 5-3-5. The notice must also include the offering price, a deadline for receiving offers, and a statement that:

(1) the property may not be sold to a person who is ineligible under IC 36-1-11-16; and

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

(A) beneficiary of the trust; and

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

At the time of publication of notice under this subsection, the commission shall send notice by certified mail to all abutting landowners. This notice shall contain the same information as the published notice.

(f) The commission shall also have each tract appraised. The appraiser must be a person who is professionally engaged in making appraisals, a person licensed under IC 25-34.1, or an employee of the political subdivision who is familiar with the value of the tract. However, if the assessed value of a tract is less than ten thousand dollars ($10,000), based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired, the commission is not required to have the tract appraised.

(g) If, after the deadline for receiving offers as determined in the notice, the commission receives one (1) or more eligible offers to purchase a tract listed in the notice at or in excess of the offering price, the commission shall conduct the negotiation and sale of the tract under section 15(f), 15(g), and 15(i) of this chapter.

(h) Notwithstanding subsection (g), if after the deadline for receiving offers as determined in the notice, the commission does not receive from any person other than an abutting landowner an eligible offer to purchase the tract at or in excess of the offering price, the commission shall conduct the negotiation and sale of the tract as follows:

(1) If only one (1) eligible abutting landowner makes an eligible offer to purchase the tract, then subject to IC 36-1-11-16 and without further appraisal or notice, the commission shall offer to negotiate for the sale of the tract with that abutting landowner.

(2) If more than one (1) eligible abutting landowner submits an eligible offer to purchase the tract, the tract shall be sold to the eligible abutting landowner who submits the highest eligible offer for the tract and who complies with any requirement under subsection (e)(2).

(3) If no eligible abutting landowner submits an eligible offer to purchase the tract, the commission may sell the tract to any person who submits the highest eligible offer for the tract, except a person who is ineligible to purchase the tract under IC 36-1-11-16.

As added by P.L.169-2006, SEC.74. Amended by P.L.146-2024, SEC.9.
Ind. Code § 36-9-31-16 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-16
Securities registration exemption
Status: in_force

Sec. 16. Any security issued in connection with a financing under this chapter the interest on which is excludable from adjusted gross income tax is exempt from the registration requirements of IC 23-19 or any other securities registration law.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.192-2002(ss), SEC.189; P.L.27-2007, SEC.36.
Ind. Code § 36-7-14.5-12.5 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-12.5
Economic development area in counties with military base closings; powers; allocation areas; distribution of taxes
Status: in_force

Sec. 12.5. (a) This section applies only to an authority in a county having a United States government military base that is scheduled for closing or is completely or partially inactive or closed.

(b) In order to accomplish the purposes set forth in section 11 of this chapter, an authority may create an economic development area:

(1) by following the procedures set forth in IC 36-7-14-41 for the establishment of an economic development area by a redevelopment commission; and

(2) with the same effect as if the economic development area was created by a redevelopment commission.

The area established under this section shall be established only in the area where a United States government military base that is scheduled for closing or is completely or partially inactive or closed is or was located.

(c) In order to accomplish the purposes set forth in section 11 of this chapter, an authority may do the following in a manner that serves an economic development area created under this section:

(1) Acquire by purchase, exchange, gift, grant, condemnation, or lease, or any combination of methods, any personal property or interest in real property needed for the redevelopment of economic development areas located within the corporate boundaries of the unit.

(2) Hold, use, sell (by conveyance by deed, land sale contract, or other instrument), exchange, lease, rent, or otherwise dispose of property acquired for use in the redevelopment of economic development areas on the terms and conditions that the authority considers best for the unit and the unit's inhabitants.

(3) Sell, lease, or grant interests in all or part of the real property acquired for redevelopment purposes to any other department of the unit or to any other governmental agency for public ways, levees, sewerage, parks, playgrounds, schools, and other public purposes on any terms that may be agreed on.

(4) Clear real property acquired for redevelopment purposes.

(5) Repair and maintain structures acquired for redevelopment purposes.

(6) Remodel, rebuild, enlarge, or make major structural improvements on structures acquired for redevelopment purposes.

(7) Survey or examine any land to determine whether the land should be included within an economic development area to be acquired for redevelopment purposes and to determine the value of that land.

(8) Appear before any other department or agency of the unit, or before any other governmental agency in respect to any matter affecting:

(A) real property acquired or being acquired for redevelopment purposes; or

(B) any economic development area within the jurisdiction of the authority.

(9) Institute or defend in the name of the unit any civil action, but all actions against the authority must be brought in the circuit or superior court of the county where the authority is located.

(10) Use any legal or equitable remedy that is necessary or considered proper to protect and enforce the rights of and perform the duties of the authority.

(11) Exercise the power of eminent domain in the name of and within the corporate boundaries of the unit subject to the same conditions and procedures that apply to the exercise of the power of eminent domain by a redevelopment commission under IC 36-7-14.

(12) Appoint an executive director, appraisers, real estate experts, engineers, architects, surveyors, and attorneys.

(13) Appoint clerks, guards, laborers, and other employees the authority considers advisable, except that those appointments must be made in accordance with the merit system of the unit if such a system exists.

(14) Prescribe the duties and regulate the compensation of employees of the authority.

(15) Provide a pension and retirement system for employees of the authority by using the public employees' retirement fund or a retirement plan approved by the United States Department of Housing and Urban Development.

(16) Discharge and appoint successors to employees of the authority subject to subdivision (13).

(17) Rent offices for use of the department or authority, or accept the use of offices furnished by the unit.

(18) Equip the offices of the authority with the necessary furniture, furnishings, equipment, records, and supplies.

(19) Design, order, contract for, and construct, reconstruct, improve, or renovate the following:

(A) Any local public improvement or structure that is necessary for redevelopment purposes or economic development within the corporate boundaries of the unit.

(B) Any structure that enhances development or economic development.

(20) Contract for the construction, extension, or improvement of pedestrian skyways (as defined in IC 36-7-14-12.2(c)).

(21) Accept loans, grants, and other forms of financial assistance from, or contract with, the federal government, the state government, a municipal corporation, a special taxing district, a foundation, or any other source.

(22) Make and enter into all contracts and agreements necessary or incidental to the performance of the duties of the authority and the execution of the powers of the authority under this chapter.

(23) Take any action necessary to implement the purpose of the authority.

(24) Provide financial assistance, in the manner that best serves the purposes set forth in section 11 of this chapter, including grants and loans, to enable private enterprise to develop, redevelop, and reuse military base property or otherwise enable private enterprise to provide social and economic benefits to the citizens of the unit.

(d) An authority may designate all or a portion of an economic development area created under this section as an allocation area by following the procedures set forth in IC 36-7-14-39 for the establishment of an allocation area by a redevelopment commission. The allocation provision may modify the definition of "property taxes" under IC 36-7-14-39(a) to include taxes imposed under IC 6-1.1 on the depreciable personal property located and taxable on the site of operations of designated taxpayers in accordance with the procedures applicable to a commission under IC 36-7-14-39.3. IC 36-7-14-39.3 applies to such a modification. An allocation area established by an authority under this section is a special taxing district authorized by the general assembly to enable the unit to provide special benefits to taxpayers in the allocation area by promoting economic development that is of public use and benefit. For allocation areas established for an economic development area created under this section after June 30, 1997, and to the expanded portion of an allocation area for an economic development area that was established before June 30, 1997, and that is expanded under this section after June 30, 1997, the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, as finally determined for any assessment date, must be allocated. All of the provisions of IC 36-7-14-39 apply to an allocation area created under this section, except that the authority shall be vested with the rights and duties of a commission as referenced in those sections, except that the expiration date of any allocation provision for the allocation area is the later of July 1, 2016, or the expiration date determined under IC 36-7-14-39(b), and except that, notwithstanding IC 36-7-14-39(b)(4), property tax proceeds paid into the allocation fund may be used by the authority only to do one (1) or more of the following:

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

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

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

(4) Reimburse any other governmental body for expenditures made by it that benefits or provides for local public improvements or structures in or serving or benefiting that allocation area.

(5) Pay expenses incurred by the authority that benefit or provide for local public improvements or structures that are in the allocation area or serving or benefiting the allocation area. For purposes of paying expenses incurred by the authority under this subsection, the expiration date of an allocation area may be extended to January 15, 2050, by resolution of the county fiscal body.

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

(A) in the allocation area; and

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

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

(e) In addition to other methods of raising money for property acquisition, redevelopment, or economic development activities in or directly serving or benefiting an economic development area created by an authority under this section, and in anticipation of the taxes allocated under subsection (d), other revenues of the authority, or any combination of these sources, the authority may, by resolution, issue the bonds of the special taxing district in the name of the unit. Bonds issued under this section may be issued in any amount without limitation. The following apply if such a resolution is adopted:

(1) The authority shall certify a copy of the resolution authorizing the bonds to the municipal or county fiscal officer, who shall then prepare the bonds. The seal of the unit must be impressed on the bonds, or a facsimile of the seal must be printed on the bonds.

(2) The bonds must be executed by the appropriate officer of the unit and attested by the unit's fiscal officer.

(3) The bonds are exempt from taxation for all purposes.

(4) Bonds issued under this section may be sold at public sale in accordance with IC 5-1-11 or at a negotiated sale.

(5) The bonds are not a corporate obligation of the unit but are an indebtedness of the taxing district. The bonds and interest are payable, as set forth in the bond resolution of the authority:

(A) from the tax proceeds allocated under subsection (d);

(B) from other revenues available to the authority; or

(C) from a combination of the methods stated in clauses (A) and (B).

(6) Proceeds from the sale of bonds may be used to pay the cost of interest on the bonds for a period not to exceed five (5) years from the date of issuance.

(7) Laws relating to the filing of petitions requesting the issuance of bonds and the right of taxpayers and voters to remonstrate against the issuance of bonds do not apply to bonds issued under this section.

(8) If a debt service reserve is created from the proceeds of bonds, the debt service reserve may be used to pay principal and interest on the bonds as provided in the bond resolution.

(9) If bonds are issued under this chapter that are payable solely or in part from revenues to the authority from a project or projects, the authority may adopt a resolution or trust indenture or enter into covenants as is customary in the issuance of revenue bonds. The resolution or trust indenture may pledge or assign the revenues from the project or projects. The resolution or trust indenture may also contain any provisions for protecting and enforcing the rights and remedies of the bond owners as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority. The authority may establish fees and charges for the use of any project and covenant with the owners of any bonds to set those fees and charges at a rate sufficient to protect the interest of the owners of the bonds. Any revenue bonds issued by the authority that are payable solely from revenues of the authority shall contain a statement to that effect in the form of bond.

(f) Notwithstanding section 8(a) of this chapter, an ordinance adopted under section 11 of this chapter may provide, or be amended to provide, that the board of directors of the authority shall be composed of not fewer than three (3) nor more than eleven (11) members, who must be residents of or be employed at a place of employment located within the unit. The members shall be appointed by the executive of the unit.

(g) The acquisition of real and personal property by an authority under this section is not subject to the provisions of IC 5-22, IC 36-1-10.5, IC 36-7-14-19, or any other statutes governing the purchase of property by public bodies or their agencies.

(h) An authority may negotiate for the sale, lease, or other disposition of real and personal property without complying with the provisions of IC 5-22-22, IC 36-1-11, IC 36-7-14-22, or any other statute governing the disposition of public property.

(i) Notwithstanding any other law, utility services provided within an economic development area established under this section are subject to regulation by the appropriate regulatory agencies unless the utility service is provided by a utility that provides utility service solely within the geographic boundaries of an existing or a closed military installation, in which case the utility service is not subject to regulation for purposes of rate making, regulation, service delivery, or issuance of bonds or other forms of indebtedness. However, this exemption from regulation does not apply to utility service if the service is generated, treated, or produced outside the boundaries of the existing or closed military installation.

As added by P.L.26-1993, SEC.6. Amended by P.L.26-1995, SEC.5; P.L.255-1997(ss), SEC.16; P.L.49-1997, SEC.78; P.L.2-1998, SEC.85; P.L.90-2002, SEC.477; P.L.192-2002(ss), SEC.179; P.L.190-2005, SEC.12; P.L.185-2005, SEC.25; P.L.1-2006, SEC.567; P.L.219-2007, SEC.127; P.L.146-2008, SEC.742; P.L.182-2009(ss), SEC.405; P.L.104-2010, SEC.1; P.L.203-2011, SEC.11; P.L.242-2015, SEC.43; P.L.236-2023, SEC.184; P.L.156-2024, SEC.34.
Ind. Code § 36-9-31-14 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-14
Bonds issued
Status: in_force

Sec. 14. (a) All bonds issued under this chapter may:

(1) be issued as serial bonds or as term bonds or a combination of both types;

(2) be executed and delivered by the consolidated city at any time and from time to time;

(3) bear such date or dates;

(4) bear interest at such rate or rates;

(5) be redeemable before their stated maturities on such terms and conditions and at premiums as necessary or advisable;

(6) be issued in any denomination or denominations of not less than five thousand dollars ($5,000);

(7) be in a form, either coupon or registered or a combination of both types;

(8) carry registration conversion privileges;

(9) be payable in a medium of payment and at a place or places, which may be at any one (1) or more banks or trust companies within or without Indiana;

(10) provide for the replacement of mutilated, destroyed, stolen, or lost bonds;

(11) be authenticated in a manner and upon compliance with conditions;

(12) establish reserves from the proceeds of the sale of bonds or from other funds, or both, to secure the payment of the principal and interest on the bonds issued under this chapter;

(13) establish reserves, from the proceeds of the sale of bonds or from other funds or both, for extensions, enlargements, additions, replacements, renovations, and improvements to or for the facilities; and

(14) contain other terms and covenants;

all as provided in the ordinance of the legislative body or the resolution of the board authorizing the bonds.

(b) The bonds issued under this chapter may mature at such time or times not to exceed forty (40) years.

(c) The bonds issued under this chapter may bear either the impressed or facsimile seal of the consolidated city and shall be executed by the manual or facsimile signature of the city executive and attested by the manual or facsimile signature of the city fiscal officer, so long as one (1) of these signatures is manual.

(d) The coupons appertaining to the bonds issued under this chapter shall be executed by the facsimile signature of the city fiscal officer.

(e) The bonds and the interest coupons appertaining to them, if any, issued under this chapter are valid and binding obligations of the consolidated city for all purposes in accordance with the terms of this chapter, notwithstanding that before delivery of them any of the persons whose signatures appear on them have ceased to be officers of the city, as if the persons had continued to be officers of the city until after delivery.

(f) The bonds issued under this chapter may be sold at public or private sale for such price or prices as may be provided in the ordinance authorizing their issuance.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-9-37-46 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-46
Barrett Law revolving improvement fund
Status: in_force

Sec. 46. (a) A Barrett Law revolving improvement fund may be established under the municipal fiscal officer. This fund shall be initially funded by transferring to the fund from the surplus Barrett Law account any amount approved by the municipal legislative body.

(b) If the legislative body decides that payment from the Barrett Law revolving improvement fund will increase the probability that competent contractors will bid on the project, the fiscal officer may pay all or part of the cost of the project from the Barrett Law revolving improvement fund to the contractor who is to do the work or has done the work.

(c) The municipality shall levy a special assessment against property that benefits from the improvement project. The provisions of this chapter concerning special assessments to repay bonds also apply to special assessments for projects paid for from the Barrett Law revolving improvement fund.

(d) When the cost of an improvement is paid from the Barrett Law revolving improvement fund, collections from the special assessment for the improvement shall be deposited in the surplus Barrett Law account.

(e) If the municipal works board determines that to do so will facilitate the initiation, progress, or completion of a public improvement project, the works board may ask the municipal legislative body to do the following:

(1) Approve the amount of money the works board will advance from the Barrett Law revolving improvement fund for the project.

(2) Decide upon what terms the works board will make the advancement.

(f) The municipal fiscal officer may invest the money in the Barrett Law revolving improvement fund in the same manner that money in the surplus Barrett Law account is invested.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-9-37-8.5 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-8.5
Assessments; installment payments
Status: in_force

Sec. 8.5. (a) With respect to assessments imposed after June 30, 2001, the municipal works board shall establish a procedure to permit owners of real property in the unit to elect whether to pay assessments in:

(1) ten (10), twenty (20), or thirty (30) annual installments; or

(2) a number of monthly installments that corresponds to ten (10), twenty (20), or thirty (30) annual installments.

(b) The municipal works board shall establish the timing of the election under subsection (a) to permit the municipal works board to structure the maturities of the principal of the bonds in a number of annual series that is consistent with the installment periods elected by owners of real property under subsection (a).

(c) A person who elects to pay the person's assessment in installments under this section must, when directed by the municipal works board, enter into a written agreement stating that in consideration of that privilege the person:

(1) will not make an objection to an illegality or irregularity regarding the assessment against the person's property; and

(2) will pay the assessment as required by law with specified interest.

(d) The agreement under subsection (c) shall be filed in the office of the disbursing officer.

(e) The interest rate specified for the installments of the assessment may be equal to or greater than the interest rate on bonds issued under section 28 of this chapter.

(f) An assessment of less than one hundred dollars ($100) may not be paid in installments.

(g) If the property owner is not an individual, the election under subsection (a) must be made in the following manner:

(1) For a partnership, at least one (1) of the partners must sign the waiver and other instruments required for the election.

(2) For a corporation, the president or vice president must do all of the following:

(A) Sign the waiver and other instruments required for the election.

(B) File a certified copy of the resolution of the board of directors or trustees authorizing the president or vice president to execute those instruments on behalf of the corporation.

(3) For a church, a lodge, a charitable institution, or other organization, the person or persons acting on behalf of the organization must sign the waiver and other instruments required for the election, but only after being instructed to do so by a resolution adopted at a meeting of the organization called for that purpose.

As added by P.L.62-2001, SEC.4.
Ind. Code § 36-8-8-13.3 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-13.3
Disability benefits; benefit for catastrophic physical personal injury
Status: in_force

Sec. 13.3. (a) This section applies only to a fund member who:

(1) is hired for the first time before January 1, 1990; and

(2) does not choose coverage by sections 12.5 and 13.5 of this chapter under section 12.4 of this chapter.

This section does not apply to a fund member described in section 12.3(c)(2) of this chapter.

(b) A fund member:

(1) who became disabled before July 1, 2000;

(2) is determined to have a covered impairment; and

(3) for whom it is determined that there is no suitable and available work within the fund member's department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act;

is entitled to receive during the disability a benefit equal to the benefit that the fund member would have received if the fund member had retired. If the fund member with a disability does not have at least twenty (20) years of service or is not at least fifty-two (52) years of age, the benefit is computed and paid as if the fund member had twenty (20) years of service and was fifty-two (52) years of age.

(c) Except as otherwise provided in this subsection, a fund member:

(1) who becomes disabled after July 1, 2000;

(2) who is determined to have a covered impairment that is:

(A) the direct result of:

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

(ii) a personal injury that occurs while the fund member is off duty and is responding to an offense or a reported offense, in the case of a police officer, or an emergency or reported emergency for which the fund member is trained, in the case of a firefighter; or

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

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

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

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

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

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

(3) for whom it is determined that there is no suitable and available work within the fund member's department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act;

is entitled to receive during the disability a benefit equal to the benefit that the fund member would have received if the fund member had retired. If the fund member with a disability does not have at least twenty (20) years of service or is not at least fifty-two (52) years of age, the benefit is computed and paid as if the fund member had twenty (20) years of service and was fifty-two (52) years of age.

(d) Except as otherwise provided in this subsection, a fund member:

(1) who becomes disabled after July 1, 2000;

(2) who is determined to have a covered impairment that is not a covered impairment described in subsection (c)(2); and

(3) for whom it is determined that there is no suitable and available work within the fund member's department, considering reasonable accommodation to the extent required by the federal Americans with Disabilities Act;

is entitled to receive during the disability a benefit equal to the benefit that the fund member would have received if the fund member had retired. If the fund member with a disability does not have at least twenty (20) years of service or is not at least fifty-two (52) years of age, the benefit is computed and paid as if the fund member had twenty (20) years of service and was fifty-two (52) years of age.

(e) Notwithstanding section 12.3 of this chapter and any other provision of this section, a member who:

(1) has had a covered impairment;

(2) recovers and returns to active service with the department; and

(3) within two (2) years after returning to active service has an impairment that except for section 12.3 of this chapter would be a covered impairment;

is entitled to the benefit under this subsection if the impairment described in subdivision (3) results from the same condition or conditions (without an intervening circumstance) that caused the covered impairment described in subdivision (1). The member is entitled to receive the monthly disability benefit amount paid to the member at the time of the member's return to active service plus any adjustments under section 15 of this chapter that would have been applicable during the member's period of reemployment.

(f) As used in this subsection, "catastrophic physical personal injury" means a physical personal injury that results in a degree of impairment to the fund member of at least sixty-seven percent (67%). Notwithstanding any other provision of this section, a fund member who has a permanent and total covered impairment that is the direct result of a catastrophic physical personal injury that:

(1) occurs in the line of duty after July 1, 2008; and

(2) permanently prevents the fund member from performing any gainful work;

shall receive, after July 1, 2017, a disability benefit equal to the monthly salary of a first class patrolman or firefighter at the commencement of the disability. The disability benefit provided under this subsection is paid instead of the disability benefit otherwise determined under this section. The disability benefit determined under this subsection is payable for the remainder of the fund member's life. The disability benefit provided under this subsection must be increased at a rate equal to the increases in the monthly salary of a first class patrolman or firefighter.

As added by P.L.311-1989, SEC.12. Amended by P.L.4-1992, SEC.49; P.L.213-1995, SEC.11; P.L.22-1998, SEC.23; P.L.118-2000, SEC.25; P.L.62-2006, SEC.8; P.L.99-2007, SEC.220; P.L.161-2017, SEC.5.
Ind. Code § 36-8-3.5-15 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-15
Performance ratings; rules; appeal
Status: in_force

Sec. 15. (a) The commission shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six (6) months for each member of the department, including probationary members. The rating shall be made by one (1) or more of the member's superiors, as defined in the commission's rules. Probationary members shall be rated in the same manner as other members of the department. The ratings shall be submitted to the chief of the department and kept on file in the chief's office under the chief's supervision. The chief shall notify each member in writing of the rating that the member received.

(b) A member who is aggrieved with the performance rating given to the member by the member's superior may appeal to the commission for a review of the rating. The appeal must be filed within ten (10) days after notice of the rating has been sent to the member. The commission shall either affirm or correct the rating.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.232.
Ind. Code § 36-7-1-4.5 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-4.5
"Class 1 structure"
Status: in_force

Sec. 4.5. As used in this chapter, "Class 1 structure" has the meaning set forth in IC 22-12-1-4.

As added by P.L.73-2026, SEC.14.
Ind. Code § 36-8-10.7-1 — Indiana Code / Title 36 / Article 8 / Chapter 10.7 / Section 36-8-10.7-1
"Class B firefighting foam"
Status: in_force

Sec. 1. As used in this chapter, "Class B firefighting foam" means a foam intended for use in extinguishing flammable liquid fires.

As added by P.L.22-2020, SEC.1.
Ind. Code § 36-12-6-4 — Indiana Code / Title 36 / Article 12 / Chapter 6 / Section 36-12-6-4
Township contracting with county contractual library; tax levies
Status: in_force

Sec. 4. (a) If a township or part of a township is contracting with a library that is extending service through a county contractual library, the township or part of a township:

(1) shall cease to levy a separate tax for library purposes; and

(2) becomes a part of the county contractual library district.

(b) The tax levy for county contractual library purposes shall then be levied in the township or part of a township that has become part of the county contractual library district.

(c) A township that ceases to levy a tax for public library purposes in any year becomes a part of the township's county library district or county contractual library district, if either library district exists at the time the township levy is discontinued. The county library or county contractual library tax shall then be levied in the townships.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-2-17-8 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-8
Destruction of records; force and effect of records or certified copies; removal of commissioner for neglect; expenses
Status: in_force

Sec. 8. (a) Records compiled by the commissioner, or certified copies of those records, are admissible in any legal proceeding and have the force that the same testimony would have if it were delivered orally. Complete or partial copies of a volume of the commissioner's records may be certified by the commissioner if the commissioner has custody of the volume; otherwise, the county officer having custody of the volume may certify copies. Certified copies of the commissioner's record have the same evidentiary force as the commissioner's record.

(b) If the county executive finds that the commissioner is incompetent or that the commissioner unreasonably delays or neglects the commissioner's duties, it may, by an order on the record, remove the commissioner from office and appoint a successor. An order of removal is not appealable.

(c) If more than twelve (12) months have passed since the commissioner commenced the commissioner's duties, the county executive may give the commissioner twenty (20) days notice to terminate the commissioner's proceedings. After twenty (20) days, the duties of the commissioner's office cease. However, the county executive may subsequently authorize the commissioner to resume the commissioner's duties for a limited period of time.

(d) All expenses of books, stationery, and per diems under this section and section 7 of this chapter shall be paid by the county.

[Pre-Local Government Recodification Citations: 5-15-8-11; 5-15-8-16 part; 5-15-8-17; 5-15-8-18 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.105.
Ind. Code § 36-9-25-23 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-23
Construction of sewage works; condemnation awards; remonstrances; hearings
Status: in_force

Sec. 23. (a) A person notified or considered to be notified under the preceding sections of this chapter may appear before the board on the day fixed for hearing remonstrances regarding awards and remonstrate in writing against them. All persons appearing before the board who have an interest in land or rights-of-way to be appropriated or injuriously affected must be given a hearing.

(b) After the remonstrances have been received and the hearing held, the board shall either sustain the awards or modify the awards by increasing or decreasing them.

(c) A person remonstrating in writing who is aggrieved by the decision of the board may, within ten (10) days after the decision, take an appeal to the circuit or superior court in the county in which the municipality is located. The appeal affects only the amount of the award of the person appealing.

[Pre-Local Government Recodification Citation: 19-2-14-15.]

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-6-4-6 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-6
Financial and appropriation record; requisites
Status: in_force

Sec. 6. (a) For each sum of money received by the executive, the financial and appropriation record must show:

(1) the date it was received;

(2) from whom it was received; and

(3) to what account it was credited.

(b) For each sum of money paid by the executive, the financial and appropriation record must show:

(1) the date it was paid;

(2) to whom it was paid;

(3) from what account it was paid; and

(4) why it was paid.

(c) The state board of accounts shall prescribe the form of the financial and appropriation record.

[Pre-Local Government Recodification Citations: 17-4-13-1 part; 17-4-28-4 part.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-9-27-94 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-94
Bonds; authorization; procedure; terms
Status: in_force

Sec. 94. (a) Whenever the board determines by resolution spread upon its minutes that the cost of constructing or reconstructing a particular drain is in excess of that amount that the owners of land to be assessed may conveniently pay in installments over a five (5) year period, it shall authorize the sale of bonds to finance the construction or reconstruction.

(b) Whenever the board resolves to sell bonds, it shall determine:

(1) the amount of money that must be raised;

(2) the period over which the money shall be repaid; and

(3) the date the first series of bonds will mature as to principal and the date the first payment of interest will be made, which shall be fixed so that money will be available to meet the interest payments and to retire the first series of bonds as they become due.

(c) The bonds may be issued in denominations of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and shall be numbered in consecutive order beginning with those first maturing. Interest on the bonds is payable semiannually.

(d) The bonds shall be sold at public offering in the manner provided by statute. However, if the total issue of bonds does not exceed ten thousand dollars ($10,000) the board may sell the bonds at private sale to any individual, corporation, financial institution, or bank in Indiana at the best rate of interest for which the board may bargain. If the bonds are sold to one (1) purchaser, the form of the bonds may be in a single installment note. Acceleration of the balance of such a note in the event of partial default is not permitted, but all remedies of a bond creditor remain as to the partial default.

(e) All bonds or installment notes must provide that they may be called by the board for refunding or for prepayment without penalty. If the bonds are called for prepayment, interest ceases to run on them upon the date stated for presentment in the call as to those persons actually receiving notice of the call by registered mail as shown by the return receipt, whether their bonds are presented for payment or not. If the bonds are called for refunding, interest continues to run from the date stated for presentment in the call whether actually presented or not, at the rate provided for with respect to the refunding issue.

[Pre-Local Government Recodification Citations: 19-4-7-15; 19-4-7-17 part; 19-4-7-18.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-15.1-15.2 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-15.2
Sale or grant of real property to urban enterprise association
Status: in_force

Sec. 15.2. (a) The commission may sell or grant, at no cost, title to real property to an urban enterprise association for the purpose of developing the real property if the following requirements are met:

(1) The urban enterprise association has incorporated as a nonprofit corporation under IC 5-28-15-14(b)(2).

(2) The parcel of property to be sold or granted is located entirely within the enterprise zone for which the urban enterprise association was created under IC 5-28-15-13.

(3) The urban enterprise association agrees to cause development on the parcel of property within a specified period that may not exceed five (5) years from the date of the sale or grant.

(4) The urban enterprise association agrees to rehabilitate or otherwise develop the property in a manner that is similar to and consistent with the use of the other properties in the enterprise zone.

(b) To carry out the purposes of this section, the commission may secure from the county under IC 6-1.1-25-9(e) parcels of property acquired by the county under IC 6-1.1-24 and IC 6-1.1-25.

(c) Before offering any parcel of property for sale or grant, the fair market value of the parcel of property must be determined by an appraiser, who may be an employee of the department. However, if the commission has obtained the parcel in the manner described in subsection (b), an appraisal is not required. An appraisal under this subsection is solely for the information of the commission and is not available for public inspection.

(d) The commission must decide at a public meeting whether the commission will sell or grant the parcel of real property. In making this decision, the commission shall give substantial weight to the extent to which and the terms under which the urban enterprise association will cause development on the property.

(e) Before conducting a meeting under subsection (d), the commission shall publish a notice in accordance with IC 5-3-1 indicating that at a designated time the commission will consider selling or granting the parcel of real property under this section. The notice must state the general location of the property, including the street address, if any, or a common description of the property other than the legal description.

(f) If the county agrees to transfer a parcel of real property to the commission to be sold or granted under this section, the commission may conduct a meeting to sell or grant the parcel to an urban enterprise zone even though the parcel has not yet been transferred to the commission. After the hearing, the commission may adopt a resolution directing the department to take appropriate steps necessary to acquire the parcel from the county and to transfer the parcel to the urban enterprise association.

(g) A conveyance of property to an urban enterprise association under this section shall be made in accordance with section 15(i) of this chapter.

(h) An urban enterprise association that purchases or receives real property under this section shall report the terms of the conveyance to the board of the Indiana economic development corporation not later than thirty (30) days after the date the conveyance of the property is made.

As added by P.L.113-2002, SEC.8. Amended by P.L.4-2005, SEC.137; P.L.146-2018, SEC.25.
Ind. Code § 36-12-11-28 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-28
Reinstatement of certificate
Status: in_force

Sec. 28. The board may reinstate a certificate that has been suspended under this chapter if after a hearing the board is satisfied that the applicant is able to practice with reasonable skill and safety. As a condition of reinstatement, the board may impose disciplinary or corrective measures authorized under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-28.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-4-6-12 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-12
Ordinance; majority vote
Status: in_force

Sec. 12. A majority vote of the legislative body is required to pass an ordinance, unless a greater vote is required by statute.

[Pre-Local Government Recodification Citation: 18-1-3-2 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-12-3-15 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-15
Funds for membership in certain associations; authority to appropriate
Status: in_force

Sec. 15. The library board may appropriate funds necessary to provide membership of:

(1) the public library; and

(2) library employees;

in local, state, and national associations of a civic, an educational, a professional, or a governmental nature that have as their purpose the betterment and improvement of library operations.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-13.]

As added by P.L.1-2005, SEC.49. Amended by P.L.63-2011, SEC.2.
Ind. Code § 36-7-15.1-48 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-48
Pledge of revenue received or to be received; nonimpairment by general assembly
Status: in_force

Sec. 48. (a) Notwithstanding any other law, the legislative body of the excluded city may pledge revenues received or to be received by the excluded city from:

(1) the excluded city's certified shares of the local income tax under IC 6-3.6;

(2) any other source legally available to the excluded city for the purposes of this chapter; or

(3) a combination of revenues under subdivisions (1) through (2);

in any amount to pay amounts payable under section 45 or 46 of this chapter.

(b) The legislative body of the excluded city may covenant to adopt an ordinance to increase revenues at the time it is necessary to raise funds to pay amounts payable under section 45 or 46 of this chapter.

(c) The commission may pledge revenues received or to be received from any source legally available to it for the purposes of this chapter in any amount to pay amounts payable under section 45 or 46 of this chapter.

(d) The pledge or the covenant under this section may be for the life of the bonds issued under section 45 of this chapter, the term of a lease entered into under section 46 of this chapter, or a shorter period as determined by the legislative body of the excluded city. Money pledged by the legislative body of the excluded city under this section shall be considered revenues or other money available to the commission under sections 45 through 46 of this chapter.

(e) The general assembly covenants not to impair this pledge or covenant so long as any bonds issued under section 45 of this chapter are outstanding or as long as any lease entered into under section 46 of this chapter is still in effect. The pledge or covenant shall be enforced as provided in IC 5-1-14-4.

As added by P.L.102-1999, SEC.15. Amended by P.L.14-2000, SEC.82; P.L.197-2016, SEC.128.
Ind. Code § 36-10-11-5 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-5
Trustees; removal; procedure
Status: in_force

Sec. 5. A trustee may be removed from office for good cause by an order of the judge of the circuit or superior court of the county in which the authority is located, subject to the procedure of this section. A complaint stating the preferred charges may be filed by any person against a trustee. The cause shall be placed on the advanced calendar and be tried as other civil causes are tried by the court without the intervention of a jury.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-8-16.7-30 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-30
State board of accounts audit; board review of 911 service
Status: in_force

Sec. 30. (a) The state board of accounts shall audit the fund to determine whether the fund is being managed in accordance with this chapter.

(b) In conjunction with the board's review under section 38(d) of this chapter of the state board of accounts' audit of PSAPs, the board shall review 911 service in Indiana, including the collection, disbursement, and use of the statewide 911 fee assessed under section 32 of this chapter. The purpose of the review is to ensure that the statewide 911 fee:

(1) does not exceed the amount reasonably necessary to provide adequate and efficient 911 service; and

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

As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.9; P.L.181-2015, SEC.50.
Ind. Code § 36-2-14-12.5 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-12.5
Coroner requests to hospitals for blood or tissue samples
Status: in_force

Sec. 12.5. (a) A coroner shall make all reasonable attempts to promptly identify human remains, including taking the following steps:

(1) Photograph the human remains before an autopsy is conducted.

(2) X-ray the human remains.

(3) Photograph items found with the human remains.

(4) Fingerprint the remains, if possible.

(5) Obtain tissue, bone, or hair samples suitable for DNA typing, if possible.

(6) Collect any other information relevant to identification efforts.

(b) A coroner may not dispose of unidentified human remains or take any other action that will materially affect the condition of the remains until the coroner has taken the steps described in subsection (a).

(c) If human remains have not been identified after thirty (30) days, the coroner or other person having custody of the remains shall request the state police to do the following:

(1) Enter information that may assist in the identification of the remains into:

(A) the National Crime Information Center (NCIC) data base; and

(B) any other appropriate data base.

(2) Upload relevant DNA profiles from the remains to the missing persons data base of the State DNA Index System (SDIS) and the National DNA Index System (NDIS) after completion of the DNA analysis and other procedures required for data base entry.

(d) If unidentified human remains are identified as belonging to a missing person, the coroner shall:

(1) notify the law enforcement agency handling the missing persons case that the missing person is deceased; and

(2) instruct the law enforcement agency to make documented efforts to contact family members of the missing person.

(e) No person may order the cremation of unidentified human remains.

As added by P.L.92-2007, SEC.6. Amended by P.L.225-2007, SEC.15.
Ind. Code § 36-2-2-29 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-29
Appeal of decision of executive; docket; court decision
Status: in_force

Sec. 29. (a) An appeal under section 27 of this chapter shall be docketed among the other causes pending in the circuit court, superior court, or probate court, and shall be tried as an original cause.

(b) A court may decide an appeal under section 27 of this chapter by:

(1) affirming the decision of the executive; or

(2) remanding the cause to the executive with directions as to how to proceed;

and may require the executive to comply with this decision.

[Pre-Local Government Recodification Citations: 17-1-14-29; 17-1-14-30.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.84-2016, SEC.167.
Ind. Code § 36-12-7-6 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-6
1852 subscription libraries; corporate existence and powers; organization; tax levy
Status: in_force

Sec. 6. (a) A public library established as an 1852 subscription library is a municipal corporation and possesses the power to:

(1) sue and be sued; and

(2) receive by donation books, money, paper, or other real or personal property for the library.

(b) The shareholders of the 1852 subscription library are the inhabitants of the municipality who have subscribed money for the establishment of the library. The shareholders shall annually elect seven (7) directors on the first Monday in January. However, if an annual election is omitted, the directors remain in office until the next annual election and until successors are chosen.

(c) The directors shall appoint one (1) director to be president at the meetings. The president may vote only in case of a tie vote. A majority of the directors constitutes a quorum. If a vacancy occurs among the directors, the remaining directors shall elect a new director to fill the vacancy, and the new director shall serve until the next annual election.

(d) The 1852 subscription library is governed by bylaws adopted by the directors of the public library.

(e) The directors may adopt a common seal.

(f) The directors may levy a tax on the shareholders not to exceed one dollar ($1) on each share during one (1) year. In addition, at the annual meeting, the shareholders may increase the tax to a sum not to exceed five dollars ($5) on each share during one (1) year.

(g) The shareholders may:

(1) appoint a treasurer and a librarian; or

(2) remove the treasurer or librarian;

at the pleasure of the shareholders.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-4.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-10-7-7 — Indiana Code / Title 36 / Article 10 / Chapter 7 / Section 36-10-7-7
Acquisition and maintenance of grounds and structures by certain townships for use as public parks; public park fund
Status: in_force

Sec. 7. (a) This section applies to all townships having a population between two thousand (2,000) and three thousand (3,000).

(b) The township executive may accept, acquire, and maintain grounds and structures to be used as public parks upon petition of at least fifty-one percent (51%) of the resident taxpayers of the township.

(c) Whenever a park has been established in the township, the legislative body shall, at its annual meeting and annually each following year, levy a tax not exceeding one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of taxable property in the township. The money shall be set aside in a public park fund to be used by the executive for the maintenance and improvement of the park and for no other purpose.

[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 17-4-42-1; subsection (c) formerly 17-4-42-2.]

As added by Acts 1981, P.L.309, SEC.114. Amended by P.L.157-1991, SEC.12; P.L.6-1997, SEC.235.
Ind. Code § 36-1-10.5-3 — Indiana Code / Title 36 / Article 1 / Chapter 10.5 / Section 36-1-10.5-3
"Purchasing agent" defined
Status: in_force

Sec. 3. As used in this chapter, "purchasing agent" means the board or officer of a political subdivision or agency with the power to purchase land or structures.

As added by P.L.336-1987, SEC.1.
Ind. Code § 36-9-6-15 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-15
Removal of structures from streets, alleys, and public places
Status: in_force

Sec. 15. The works board may order the removal of any structure in a street, alley, or public place of the city. If the person maintaining the structure fails to remove it, the works board may remove it at the person's expense.

[Pre-Local Government Recodification Citation: 18-1-6-15 part.]

As added by Acts 1981, P.L.309, SEC.79. Amended by P.L.127-2017, SEC.287.
Ind. Code § 36-8-7.5-18 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-18
Application for benefits other than for disability or voluntary retirement after 20 years
Status: in_force

Sec. 18. (a) In connection with an application for any pensions, annuities, or benefits other than for disability and other than voluntary retirement after twenty (20) years of active service in the police department, the local board may, if it is satisfied with the facts reported in the application made for the pension, annuity, or benefit, act upon the application and allow the pension, annuity, or benefits applied for.

(b) In connection with an application for the pensions, annuities, or benefits referred to in subsection (a), the local board may deny the application. If the local board denies the application, it may, and shall upon the written request of the applicant, hold a hearing on the application at which time it shall hear any evidence of the applicant or any other person as to the facts contained in the application, and as to any of the requirements stated in this chapter for receiving the pension, annuity, or benefit. After the hearing the board shall decide whether the application shall be granted or denied.

(c) At any hearing held by the local board as provided in this chapter, the local board may subpoena witnesses, and examine all witnesses under oath, and any member of the local board may administer the oath to any witness at any hearing.

(d) The local board shall give due notice of the time and place of the hearing.

(e) The applicant is entitled to be present at the hearing, to be represented by counsel, to examine any witness testifying at the hearing, and to introduce any evidence upon the applicant's behalf as to any question properly before the local board. The local board shall, upon the request of the applicant, subpoena any witness requested in writing by the applicant to be present at the hearing.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.127-2017, SEC.258.
Ind. Code § 36-7.5-1-5 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-5
"Bonds"
Status: in_force

Sec. 5. "Bonds" means bonds, notes, or other evidences of indebtedness issued by the development authority.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-7-14.2-1 — Indiana Code / Title 36 / Article 7 / Chapter 14.2 / Section 36-7-14.2-1
"Property taxes"
Status: in_force

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

(1) property taxes, as described in:

(A) IC 6-1.1-39-5(h);

(B) IC 36-7-14-39(a);

(C) IC 36-7-14-39.2;

(D) IC 36-7-14-39.3(c);

(E) IC 36-7-14.5-12.5;

(F) IC 36-7-15.1-26(a);

(G) IC 36-7-15.1-26.2(c);

(H) IC 36-7-15.1-53(a);

(I) IC 36-7-15.1-55(c);

(J) IC 36-7-30-25(a)(3);

(K) IC 36-7-30-26(c);

(L) IC 36-7-30.5-30; or

(M) IC 36-7-30.5-31; and

(2) for allocation areas created under IC 8-22-3.5, the taxes assessed on taxable tangible property in the allocation area.

As added by P.L.80-2014, SEC.11. Amended by P.L.157-2026, SEC.242.
Ind. Code § 36-9-27-43 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-43
Omission of annual assessment
Status: in_force

Sec. 43. (a) If in any year a maintenance fund established under section 44 of this chapter has an unencumbered balance equal to or greater than four (4) times the estimated annual cost of periodically maintaining the drain for which the fund was established, the annual assessment for the maintenance of that drain may be omitted for that year.

(b) The county drainage board may collect the drain assessment even though the unencumbered balance of the maintenance fund is equal to or greater than four (4) times the estimated annual cost of periodic maintenance of the drain for which the fund was established if the drainage board does the following:

(1) Conducts a public hearing in accordance with section 40 of this chapter.

(2) At the public hearing estimates what the unencumbered balance of the maintenance fund would be, as a multiple of the estimated annual cost of periodic maintenance of the drain, after the collection of the total amount that the board intends to collect in assessments.

However, the annual assessment for the maintenance of the drain shall be omitted if, according to the estimate of the board, the collection of the intended total amount of assessments would increase the unencumbered balance of the maintenance fund to equal or exceed eight (8) times the estimated annual cost of periodic maintenance of the drain for which the fund was established.

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

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.13.
Ind. Code § 36-7-11.2-57 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-57
Additional requirements for petition for amended zoning ordinance for Meridian Street or bordering property
Status: in_force

Sec. 57. (a) A petition that is filed by a person requesting the adoption of a new zoning ordinance or the amendment of an existing zoning ordinance directly pertaining to or affecting Meridian Street or bordering property must, in addition to all other applicable requirements concerning the petitions generally:

(1) be under oath; and

(2) state the following:

(A) The street address of the Meridian Street or bordering property to which the new zoning ordinance or amendment to an existing zoning ordinance would directly pertain or affect.

(B) The name of each owner of the property.

(C) The name and address of each person, including principals, if any, who at the time of filing is a party to a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement, excluding insurance policies, mortgage deeds, fuel service contracts, and similar documents, concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property. The petition must also describe all businesses in which the persons, jointly or severally, are engaged.

(D) A detailed description of the proposed use for which the new zoning ordinance or amendment of an existing zoning ordinance is sought.

(E) Other information that the development commission requires by rule or regulation.

(b) The petition must be accompanied by the following:

(1) A complete copy of each contract described by subsection (a)(2)(C) or a description of the contract sufficient to disclose the full nature of the interest of the party and principals, if any, in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(2) Other documents that the development commission requires by rule or regulation.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-8-2.1-10 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-10
Prohibition against threat of discipline
Status: in_force

Sec. 10. A public safety officer may not be threatened with or subjected to:

(1) discipline; or

(2) denial of a promotion, transfer, or reassignment;

for exercising rights granted under this chapter.

As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.12.
Ind. Code § 36-1-9.5-1 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies only to contracts awarded by local boards of aviation commissioners operating under IC 8-22-2 and local airport authorities operating under IC 8-22-3. This chapter applies only to contracts for the following:

(1) The construction or maintenance of buildings, runways, roads, and other improvements.

(2) The purchase of materials, equipment, and supplies.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-10-4-17 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-17
Granting of public utility franchise
Status: in_force

Sec. 17. A franchise may not be granted by the city for the construction or maintenance of railways or telephone, telegraph, pipe, or conduit lines upon, across, over, or through a park, parkway, park boulevard, boulevard, or driveway under the control of the board without the consent of the board.

[Pre-Local Government Recodification Citations: 19-7-9-7 part; 19-7-30-11 part.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-7-4-909 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-909
Board of zoning appeals; members; conflict of interest; disqualification
Status: in_force

Sec. 909. (a) A member of a board of zoning appeals is disqualified and may not participate in a hearing or decision of that board concerning a zoning matter if the member:

(1) is biased or prejudiced or otherwise unable to be impartial; or

(2) has a direct or indirect financial interest in the outcome of the hearing or the decision.

(b) The board shall enter in the board's records:

(1) the fact that a regular member has such a disqualification; and

(2) the name of the alternate member, if any, who participates in the hearing or decision in place of the regular member.

[Pre-Local Government Recodification Citations: 18-7-4-909; 18-7-5-1 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.44; P.L.357-1983, SEC.6; P.L.126-2011, SEC.29.
Ind. Code § 36-9-36-41 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-41
Installment payment procedure; proceeds constituting special fund for payment of improvement; diversion prohibited
Status: in_force

Sec. 41. (a) The disbursing officer of the unit shall do the following:

(1) Receive the payment of assessment installments.

(2) Keep all accounts and give proper vouchers for the payment of assessment installments.

(b) Proceeds arising from assessments for the payment of a particular improvement may not be diverted to the payment of any other improvement.

(c) The proceeds from assessments for the payment of a particular improvement constitute a separate special fund for the following:

(1) The payment of contractors for the particular work, upon the allowance of estimates by the works board.

(2) The security and payment of any bonds issued in anticipation of the collection of the assessments for the improvement, including debt service reserves to secure the payment of the bonds.

(3) The payment of expenses incurred by the unit in performing the unit's duties under this chapter, IC 36-9-37, IC 36-9-38, and IC 36-9-39 (or under IC 36-9-18 through IC 36-9-21, before the repeal of those provisions in 1993), including expenses, duties, and costs associated with the issuance, sale, or payment of the bonds.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-31-10 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-10
Establishment of area; facilities
Status: in_force

Sec. 10. (a) A commission may establish as part of a professional sports development area any facility or complex of facilities described in this section. The tax area may include a facility or complex of facilities described in this section and any parcel of land on which the facility or complex of facilities is located. An area may contain noncontiguous tracts of land within the county.

(b) Before July 1, 2019, the tax area may include any facility or complex of facilities:

(1) that is used in the training of a team engaged in professional sporting events;

(2) that is:

(A) financed in whole or in part by:

(i) notes or bonds issued by a political subdivision or issued under IC 36-10-9 or IC 36-10-9.1; or

(ii) a lease or other agreement under IC 5-1-17; and

(B) used to hold a professional sporting event; or

(3) that consists of a hotel, motel, or a multibrand complex of hotels and motels, with significant meeting space:

(A) located in an area in Indianapolis, Indiana, bounded on the east by Illinois Street, on the south by Maryland Street, and on the west and north by Washington Street, as those streets were located on June 1, 2009;

(B) that provides:

(i) convenient accommodations for consideration to the general public for periods of less than thirty (30) days, especially for individuals attending professional sporting events, conventions, or similar events in the capital improvements that are owned, leased, or operated by the capital improvement board; and

(ii) significant meeting and convention space that directly enhances events held in the capital improvements that are owned, leased, or operated by the capital improvement board; and

(C) that enhances the convention opportunities for the capital improvement board to hold events that:

(i) would not otherwise be possible; and

(ii) directly affect the success of both the facilities and capital improvements that are owned, leased, or operated by the capital improvement board.

(c) After June 30, 2019, and in addition to the tax area described in subsection (b), the tax area may also include any facility or complex of facilities:

(1) that consists of a hotel, motel, or a multibrand complex of hotels located in an area in Indianapolis, Indiana:

(A) in the southeast quadrant of an area bounded on the east by Pennsylvania Street, on the south by Georgia Street, on the west by Meridian Street, and on the north by Maryland Street, as those streets were located on July 1, 2019;

(B) bounded on the west by Capitol Avenue, on the south by South Street, on the east by Meridian Street, and on the north by Louisiana Street, as those streets were located on July 1, 2019;

(C) bounded on the west by Illinois Street, on the south by Jackson Place, on the east by McCrea Street, and on the north by Georgia Street, as those streets were located on July 1, 2019;

(D) bounded on the west by Capitol Avenue, on the south by Washington Street, on the east by Illinois Street, and on the north by Court Street, as those streets were located on July 1, 2019;

(E) bounded on the west by Illinois Street, on the south by Washington Street, on the east by Meridian Street, and on the north by Market Street, as those streets were located on July 1, 2019;

(F) bounded on the west by Capitol Avenue, on the south by Market Street, on the east by Illinois Street, and on the north by Wabash Street, as those streets were located on July 1, 2019;

(G) bounded on the west by Pierson Street, on the south by Wabash Street, on the east by Meridian Street, and on the north by Ohio Street, as those streets were located on July 1, 2019;

(H) in the south half of an area bounded on the west by Delaware Street, on the south by South Street, on the east by Alabama Street, and on the north by Maryland Street, as those streets were located on July 1, 2019; or

(I) bounded on the west by Illinois Street, on the south by Georgia Street, on the east by Meridian Street, and on the north by Maryland Street, as those streets were located on July 1, 2019; and

(2) that provides convenient accommodations for consideration to the general public for periods of less than thirty (30) days, especially for individuals attending professional sporting events, conventions, or similar events in the capital improvements that are owned, leased, or operated by the capital improvement board.

(d) With respect to the site or future site of a facility or complex of facilities described in subsections (b)(3) and (c), the general assembly finds the following:

(1) That the facility or complex of facilities in the tax area provides both convenient accommodations for professional sporting events, conventions, or similar events and significant meeting and convention space that directly enhance events held in the capital improvements that are owned, leased, or operated by the capital improvement board.

(2) That the facility or complex of facilities in the tax area and the capital improvements that are owned, leased, or operated by the capital improvement board are integrally related to enhancing the convention opportunities that directly affect the success of both the facilities and capital improvements.

(3) That the facility or complex of facilities in the tax area provides the opportunity for the capital improvement board to hold events that would not otherwise be possible.

(4) That the facility or complex of facilities in the tax area protects or increases state and local tax bases and tax revenues.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.214-2005, SEC.66; P.L.182-2009(ss), SEC.409; P.L.109-2019, SEC.9.
Ind. Code § 36-2-6-4 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-4
Allowance and payment of claims; requirements; violation; offense; action to recover illegal allowance
Status: in_force

Sec. 4. (a) This section does not apply to a county having a consolidated city.

(b) Except as provided in section 4.5 of this chapter, the county executive may allow a claim or order the issuance of a county warrant for payment of a claim only at a regular or special meeting of the executive. The county auditor may issue a county warrant for payment of a claim against the county only if the executive or a court orders the county auditor to do so. However, this subsection does not apply to the issuance of warrants related to management of the common or congressional school fund.

(c) The county executive may allow a claim if the claim:

(1) complies with IC 5-11-10-1.6; and

(2) is placed on the claim docket by the county auditor at least five (5) days before the meeting at which the executive is to consider the claim.

(d) A county auditor or member of a county executive who violates this section commits a Class C infraction.

(e) A county auditor who violates this section is liable on the county auditor's official bond for twice the amount of the illegally drawn warrant, which may be recovered for the benefit of the county by a taxpayer of the county. A person who brings an action under this subsection shall give security for costs, and the court shall allow the person a reasonable sum, including attorney's fees, out of the money recovered as compensation for the person's trouble and expense in bringing the action. This compensation shall be specified in the court's order.

(f) If, within sixty (60) days after the county executive allows a claim, a taxpayer of the county demands that the executive refund that allowance to the county, and the executive refuses to do so, the taxpayer may bring an action to recover an illegal, unwarranted, or unauthorized allowance for the benefit of the county. A person who brings an action under this subsection shall give security for costs, and the court shall allow the person a reasonable sum, including attorney's fees, out of the money recovered as compensation for the person's trouble and expense in bringing the action. This compensation shall be specified in the court's order.

[Pre-Local Government Recodification Citations: 17-2-38-2; 17-2-38-3; 17-2-38-4; 17-2-38-5; 17-2-38-6.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.39-1996, SEC.10; P.L.89-2001, SEC.5; P.L.127-2017, SEC.28.
Ind. Code § 36-1-3.5-1 — Indiana Code / Title 36 / Article 1 / Chapter 3.5 / Section 36-1-3.5-1
Policy; purpose
Status: in_force

Sec. 1. The policy of the state is that in all cases where a general law can be made applicable, all laws should be general and of uniform operation throughout the state, as provided by Article 4, Section 23 of the Constitution of Indiana. In addition, the policy of the state is that in local affairs where a general law cannot be made applicable, the applicable laws should be determined by the local legislative authorities under the home rule provisions of this title, particularly IC 36-1-3-6. Therefore, the purpose of this chapter is to transfer to the appropriate local authorities jurisdiction over certain local matters that, before the 1981 regular session of the general assembly, have been subjects of statutory concern.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.17, SEC.4.
Ind. Code § 36-9-29-32 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-32
Emergency flood control district fund
Status: reserved

Sec. 32. (a) The flood control board may establish an "emergency flood control district fund", which may not exceed at any time one hundred thousand dollars ($100,000). The emergency fund shall be established out of money transferred from the flood control district maintenance fund.

(b) Whenever the emergency fund is reduced below one hundred thousand dollars ($100,000), the flood control board may transfer from the maintenance fund the sum it considers necessary for the purpose of replenishing the emergency fund.

(c) The county treasurer shall keep the emergency fund separate from the other funds of the flood control district. Any unexpended sum in the fund shall be retained from year to year to meet flood emergencies as they arise.

(d) The sum in the emergency fund may not be considered in making up the budget of the flood control district, except for the purpose of determining the amount to be levied in order to replenish the fund.

(e) All withdrawals from the emergency fund shall be used solely for emergency purposes, and shall be made upon order of the flood control board in the same manner as withdrawals from other funds of the flood control district.

[Pre-Local Government Recodification Citation: 19-4-18-17 part.]

As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.356-1987, SEC.1.
Ind. Code § 36-8-7.5-10 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-10
Insufficient pension fund; estimates; statement; tax levy
Status: in_force

Sec. 10. (a) If the local board determines that the total amount of money available for a year will be insufficient to pay the benefits, pensions, and retirement allowances the local board is obligated to pay under this chapter, the local board shall, before the date on which the budget of the police special service district is adopted, prepare an itemized estimate in the form prescribed by the state board of accounts of the amount of money that will be receipted into and disbursed from the 1953 fund during the next fiscal year. The estimated receipts consist of the items enumerated in section 8 of this chapter. The estimated disbursements consist of an estimate of the amount of money that will be needed by the local board during the next fiscal year to defray the expenses and obligations incurred and that will be incurred by the local board in making the payments prescribed by this chapter to retired members, to members who are eligible and expect to retire during the ensuing fiscal year, and to the dependents of deceased members.

(b) At the time when the estimates are prepared and submitted, the local board shall also prepare and submit a certified statement showing:

(1) the estimated number of beneficiaries from the 1953 fund during the ensuing fiscal year in each of the various classifications of beneficiaries as prescribed in this chapter, and the names and amount of benefits being paid to those actively on the list of beneficiaries at that time;

(2) the name, age, and length of service of each member of the police department who is eligible to and expects to retire during the ensuing fiscal year, and the monthly and yearly amounts of the payment that the member will be entitled to receive; and

(3) the name and age of each dependent of a member of the police department who is then receiving benefits, the date on which the dependent commenced drawing benefits, and the date on which the dependent will cease to be a dependent by reason of attaining the age limit prescribed by this chapter, and the monthly and yearly amounts of the payments to which each of the dependents is entitled.

(c) After the amounts of receipts and disbursements shown in the itemized estimate are fixed and approved by the executive, fiscal officer, legislative body and other bodies, as provided by law for other municipal funds, the total receipts shall be deducted from the total expenditures stated in the itemized estimate, and the amount of the excess shall be paid by the police special service district in the same manner as other expenses of the district are paid. The legislative body shall levy a tax and the money derived from the levy shall, when collected, be credited exclusively to the 1953 fund, including the payments described in section 10.5 of this chapter. The tax shall be levied in the amount and at the rate that is necessary to produce sufficient revenue to equal the deficit. Notwithstanding any other law, the department of local government finance may not reduce the tax levy.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.90-2002, SEC.490; P.L.1-2003, SEC.101; P.L.224-2007, SEC.126; P.L.146-2008, SEC.779; P.L.182-2009(ss), SEC.433; P.L.257-2019, SEC.151.
Ind. Code § 36-7-32.5-16 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-16
Administrative rules; neutralization of effect of reassessment or annual adjustment
Status: in_force

Sec. 16. (a) The state board of accounts, the department of state revenue, and the department of local government finance may adopt rules under IC 4-22-2 and prescribe the forms and procedures that the state board of accounts, the department of state revenue, and the department of local government finance consider appropriate for the implementation of an innovation development district under this chapter. However, before adopting rules under this section, the state board of accounts, the department of state revenue, and the department of local government finance shall submit a report to the budget committee that:

(1) describes the rules proposed by the state board of accounts, the department of state revenue, and the department of local government finance; and

(2) recommends statutory changes necessary to implement the provisions of this chapter.

(b) After each reassessment of real property in an area under a county's reassessment plan prepared under IC 6-1.1-4-4.2, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value one (1) time to neutralize any effect of the reassessment of the real property in the area on the property tax proceeds allocated to the local innovation development district fund established by section 19 of this chapter.

(c) After each annual adjustment under IC 6-1.1-4-4.5, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the local innovation development district fund established by section 19 of this chapter.

(d) The county auditor shall, in the manner prescribed by the department of local government finance, submit the forms required by this section to the department of local government finance no later than July 15 of each year.

As added by P.L.135-2022, SEC.28. Amended by P.L.157-2026, SEC.262.
Ind. Code § 36-8-8-4 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-4
Fund established; managed by system board
Status: in_force

Sec. 4. (a) There is established a police officers' and firefighters' pension and disability fund to be known as the 1977 fund. The 1977 fund consists of fund member and employer contributions, plus the earnings on them, to be used to make benefit payments to fund members and their survivors in the amounts and under the conditions specified in this chapter.

(b) The system board shall administer the 1977 fund, which may be commingled for investment purposes with other funds administered by the Indiana public retirement system. All actuarial data shall be computed on the total membership of the fund, and the cost of participation is the same for all employers in the fund. The fund member and employer contributions shall be recorded separately for each employer.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-17.8-1 part; 19-1-17.8-2(a); 19-1-36.5-1 part; 19-1-36.5-2(a); subsection (b) formerly 19-1-17.8-2(b); 19-1-36.5-2(b).]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.201-1984, SEC.1; P.L.342-1985, SEC.5; P.L.119-2000, SEC.8; P.L.23-2011, SEC.27; P.L.35-2012, SEC.116.
Ind. Code § 36-7-14.5-9 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-9
Annual meeting; election of officers; special meetings; quorum; reports
Status: in_force

Sec. 9. (a) Each year, the board shall hold an organizational meeting on a day that is not a Saturday, a Sunday, or a legal holiday and that is their first meeting day of the year. It shall elect one (1) of the members president, another vice president, and another secretary-treasurer to perform the duties of those offices. These officers serve from the date of their election and until their successors are elected and qualified. The board may elect an assistant secretary-treasurer. Before April 1, the secretary-treasurer shall report annually to the board.

(b) Not later than April 15 of each year, the board shall submit a report setting out its activities during the preceding calendar year to:

(1) the executive and the fiscal body of the unit that established the redevelopment authority; and

(2) the department of local government finance in an electronic format.

(c) The report required under subsection (b) must also include the following information set forth for each tax increment financing district regarding the previous year:

(1) Revenues received.

(2) Expenses paid.

(3) Fund balances.

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

(5) The amount paid on outstanding obligations.

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

(d) Special meetings may be called by the president of the board or any two (2) members of the board.

(e) A majority of the members constitutes a quorum, and the concurrence of a majority of the members is necessary to authorize any action.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.23; P.L.87-2015, SEC.6.
Ind. Code § 36-9-6-19 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-19
Removal and disposal of refuse
Status: in_force

Sec. 19. The works board may, by contract or otherwise, remove all dead animals, rubbish, and other refuse from the city. The works board may erect crematories or other plants for the destruction and disposal of this refuse.

[Pre-Local Government Recodification Citation: 18-1-6-15 part.]

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-9-39-9 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-9
Sewage works adapted for receiving sewage from collateral sewers; resolution; notice
Status: in_force

Sec. 9. (a) After the material prepared under section 8 of this chapter is filed, the municipal works board shall do the following:

(1) Adopt a resolution ordering the construction of the sewage works.

(2) Publish a notice of the adoption of the resolution, in accordance with IC 5-3-1.

(b) The resolution and notice must describe the following:

(1) The general character of the sewage works.

(2) The termini and general course of the sewage works.

(3) The boundary lines of the district or area to be drained by and assessed for the sewage works.

(c) The notice must state the date, time, and place of a hearing at which the board will do the following:

(1) Receive and hear remonstrances from persons interested in or affected by the construction of the works.

(2) Hear and determine the following questions:

(A) Whether the district is properly bounded for the purpose of the drainage.

(B) Whether other territory not included in the boundaries should be added to the district.

(C) Whether any of the territory included should be excluded from the district.

(D) Whether the special benefits accruing to the land within the district and to the municipality from the proposed improvement will be equal to the estimated cost of the improvement.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-1.5-3-4 — Indiana Code / Title 36 / Article 1.5 / Chapter 3 / Section 36-1.5-3-4
Adjustment of maximum property tax levies, property tax rates, and budgets
Status: in_force

Sec. 4. (a) Subject to this chapter, the department of local government finance shall adjust the maximum permissible property tax levies, maximum permissible property tax rates, and budgets of political subdivisions that enter into a reorganization under this article as provided in section 5 of this chapter.

(b) Upon the termination of a reorganization under this chapter, the department of local government finance shall adjust the maximum permissible property tax levies, maximum permissible property tax rates, and budgets of political subdivisions terminating the reorganization to do the following:

(1) Restore taxing powers of a political subdivision after the termination of a reorganization under this article that are necessary to fund governmental services to the individuals and entities served by the political subdivision.

(2) Restore taxing powers of a political subdivision after the withdrawal of a party from a reorganization under this article that are necessary to fund governmental services to the individuals and entities served by the political subdivision.

As added by P.L.186-2006, SEC.4. Amended by P.L.255-2013, SEC.6.
Ind. Code § 36-10-3-14 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-14
Superintendent of parks and recreation; duties
Status: in_force

Sec. 14. Under the direction of the board, the superintendent shall:

(1) propose annually a plan for the operation of the department;

(2) administer the plan as approved by the board;

(3) supervise the general administration of the department;

(4) keep the records of the department and preserve all papers and documents of the department;

(5) recommend persons for appointment as assistants if the board determines there is a need;

(6) appoint the employees of the department, subject to the approval of the board, according to the standards and qualifications fixed by the board and without regard to political affiliation;

(7) prepare and present to the board an annual report; and

(8) perform other duties that the board directs.

[Pre-Local Government Recodification Citation: 19-7-4-31.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-10-13-2 — Indiana Code / Title 36 / Article 10 / Chapter 13 / Section 36-10-13-2
"Cultural institution"
Status: in_force

Sec. 2. As used in this chapter, "cultural institution" means a historical society, an art association, or other nonprofit corporation organized under Indiana law to further the cultural development of the public.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17.5-1.]

As added by P.L.1-2005, SEC.48.
Ind. Code § 36-1-3.5-2 — Indiana Code / Title 36 / Article 1 / Chapter 3.5 / Section 36-1-3.5-2
Consolidated city and county; transfer to legislative body
Status: in_force

Sec. 2. (a) This section applies to each consolidated city and its county.

(b) Jurisdiction over the following local matters, which before the 1982 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the consolidated city and county:

(1) Powers, duties, functions, and obligations of department of administration (formerly governed by IC 18-4-7 and IC 18-4-18).

(2) Certain powers, duties, functions, and obligations of department of metropolitan development (formerly governed by IC 18-4-8-1 through IC 18-4-8-7, IC 18-4-8-10(3), IC 18-4-8-12, IC 18-4-8-13, IC 18-4-8-14, and IC 19-8-23).

(3) Certain powers, duties, functions, and obligations of department of public safety (formerly governed by IC 18-4-12-1 through IC 18-4-12-7, IC 18-4-12-9 through IC 18-4-12-12, IC 18-4-12-14 through IC 18-4-12-16, IC 18-4-12-18, IC 18-4-12-28 through IC 18-4-12-35, IC 18-4-12-37, IC 18-4-12-38, IC 18-4-12-40, IC 18-4-12-42, IC 18-4-12-45, IC 18-4-12-49 through IC 18-4-12-59, IC 19-1-1, and IC 19-1-6).

(4) Certain powers, duties, functions, and obligations of department of public works (formerly governed by IC 18-4-2-16, IC 18-4-9-2, IC 18-4-9-3, IC 19-2-11, IC 19-2-14.5-1, IC 19-2-14.5-3, IC 19-2-14.5-4, IC 19-2-17, IC 19-2-18, IC 19-2-21, IC 19-2-22, IC 19-2-23, IC 19-4-22, and IC 19-5-10).

(5) Territory of solid waste special service district (formerly governed by IC 19-2-14.5-5 and IC 19-2-14.5-6).

(6) Certain powers, duties, functions, and obligations of Indiana department of transportation (formerly governed by IC 8-17-2, IC 18-4-10-3, IC 18-4-10-14, IC 19-5-3, IC 19-5-4, and IC 19-5-10).

(7) Street vacation procedures (formerly governed by IC 19-5-20).

(8) Certain powers, duties, functions, and obligations of department of parks and recreation (formerly governed by IC 18-4-13).

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.17, SEC.4. Amended by Acts 1982, P.L.127, SEC.7; P.L.18-1990, SEC.288.
Ind. Code § 36-8-26-3 — Indiana Code / Title 36 / Article 8 / Chapter 26 / Section 36-8-26-3
Chairperson, vice chairperson; organization
Status: in_force

Sec. 3. (a) The police chief of the Indianapolis metropolitan police department or the police chief's designee shall serve as the chairperson.

(b) The superintendent of the state police department or the superintendent's designee shall serve as the vice chairperson.

(c) The chairperson shall organize the first meeting of the board, which must occur before November 1, 2022.

As added by P.L.103-2022, SEC.6.
Ind. Code § 36-7-11-22 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-22
Removal of classifications in certain counties
Status: in_force

Sec. 22. (a) This section applies only to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(b) Notwithstanding any other provision, in the case of a building or structure owned by a political subdivision that is classified by a commission as historic and for which the classification is approved by the legislative body of the unit that established the commission, the commission may remove the historic classification of the building or structure without the adoption of an ordinance by the legislative body of the unit if the commission determines that removal of the classification is in the best interest of the unit and the political subdivision.

As added by P.L.158-2001, SEC.4. Amended by P.L.119-2012, SEC.202; P.L.104-2022, SEC.183.
Ind. Code § 36-1-12.5-11 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-11
Contracts that include stipulated savings
Status: in_force

Sec. 11. (a) A guaranteed savings contract that includes stipulated savings must specify the methodology used to calculate the savings using industry engineering standards.

(b) Stipulated savings may be used for conservation measures including the following:

(1) Heating.

(2) Air conditioning.

(3) Ventilating.

(4) Lighting.

(5) Roofing.

(6) Windows.

(7) Water conservation.

(8) Fuel and power improvements.

(9) Wastewater generation.

(10) Billable revenue increases.

(11) Any work that is causally connected to the conservation measures listed in subdivisions (1) through (10).

(c) The guaranteed savings contract shall:

(1) describe stipulated savings for:

(A) conservation measures; and

(B) work causally connected to the conservation measures; and

(2) document assumptions by industry engineering standards.

As added by P.L.98-2002, SEC.8. Amended by P.L.168-2006, SEC.19.
Ind. Code § 36-1-12-22 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-22
Repealed
Status: repealed

As added by P.L.172-2011, SEC.142. Repealed by P.L.17-2012, SEC.5; P.L.67-2012, SEC.5.
Ind. Code § 36-8-16.7-27 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-27
Powers of board; contracts for communications service and equipment; Indiana transparency website
Status: in_force

Sec. 27. (a) The board may do the following to implement this chapter:

(1) Sue and be sued.

(2) Adopt and alter an official seal.

(3) Adopt and enforce bylaws and rules for:

(A) the conduct of board business; and

(B) the use of board services and facilities.

(4) Subject to subsection (c), acquire, hold, use, and otherwise dispose of the board's income, revenues, funds, and money.

(5) Subject to subsections (b) and (c), enter into contracts, including contracts:

(A) for professional services;

(B) for purchase of supplies or services; and

(C) to acquire office space.

(6) Subject to subsection (c), hire staff.

(7) Adopt rules under IC 4-22-2 to implement this chapter.

(8) Develop, maintain, and update a statewide 911 plan.

(9) Subject to subsection (c), administer the statewide 911 fund established by section 29 of this chapter.

(10) Administer and distribute the statewide 911 fee in accordance with section 37 of this chapter.

(11) Subject to subsection (c), administer statewide 911 grants in accordance with state and federal guidelines.

(12) Obtain from each PSAP operating statistics and other performance measurements, including call statistics by category and emergency medical dispatching (EMD) certifications.

(13) Take action as needed to ensure that the statewide 911 system and PSAPs served by the statewide 911 system establish and maintain an adequate security posture to ensure public safety and the protection of personal information.

(14) Take other necessary or convenient actions to implement this chapter that are not inconsistent with Indiana law.

(b) A contract for the purchase of communications service or equipment by the board must be awarded through an invitation for bids or a request for proposals as described in IC 5-22. The board shall enter into a cooperative agreement with the Indiana department of administration for the department to administer the board's purchases under this chapter using the department's purchasing agents.

(c) The board shall be considered a state agency for purposes of IC 5-14-3.5. Subject to IC 5-14-3.5-4, the following shall be posted to the Indiana transparency website in accordance with IC 5-14-3.5-2:

(1) Expenditures by the board, including expenditures for contracts, grants, and leases.

(2) The balance of the statewide 911 fund established by section 29 of this chapter.

(3) A listing of the board's real and personal property that has a value of more than twenty thousand dollars ($20,000).

The board shall cooperate with and provide information to the state comptroller as required by IC 5-14-3.5-8.

(d) Information relating to security measures or precautions used to secure the statewide 911 system may be excepted from public disclosure under IC 5-14-3-4 at the discretion of the board.

As added by P.L.132-2012, SEC.20. Amended by P.L.9-2024, SEC.560; P.L.119-2024, SEC.20.
Ind. Code § 36-9-2-5 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-5
Public ways; establishment
Status: in_force

Sec. 5. A unit may establish, vacate, maintain, and operate public ways.

[Pre-Local Government Recodification Citations: 18-1-1.5-8 (Intro.); 18-1-1.5-8(a); 18-1-1.5-8(c); 18-3-1-42 part; 18-3-1-43 part; 18-3-1-46 part; 18-4-2-23 part; 18-5-10-3 part; 18-5-10-4 part; 18-5-10-5.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-1-1-1 — Indiana Code / Title 36 / Article 1 / Chapter 1 / Section 36-1-1-1
Intent of title; citation to prior statute
Status: in_force

Sec. 1. This title is intended to codify, revise, or rearrange applicable or corresponding provisions in prior statutes. A citation to a prior statute may be construed as a citation to the appropriate provision of this title if the prior statute is reenacted in the same or restated form in this title.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-17.1-6 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-6
Applications; eligibility; drawings to determine receipt of dwellings
Status: in_force

Sec. 6. (a) An individual may apply for the program by completing an application.

(b) An individual is qualified and shall be approved to receive real property offered under this chapter if:

(1) the individual is at least eighteen (18) years of age;

(2) the individual applies for and receives a rehabilitation loan with respect to the real property not later than the period prescribed by the director of the agency in the rules and regulations described in section 11 of this chapter; and

(3) the individual, and the individual's immediate family, has not previously participated in the program under this chapter.

(c) Individuals who apply for the program and meet the requirements of subsection (b)(1) and (b)(3) are entitled to receive a list of all properties owned by the unit that are available under this chapter.

(d) Individuals described in subsection (c) may apply for each dwelling in which they are interested. A drawing shall be held to determine those applicants receiving the dwellings. Each approved individual and the individual's immediate family may receive only one (1) dwelling in the drawing.

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-10-16-4 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-4
"Commuter transportation district"
Status: in_force

Sec. 4. As used in this chapter, "commuter transportation district" refers to a commuter transportation district established under IC 8-5-15.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7-15.1-63 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-63
Allocation area limitation
Status: in_force

Sec. 63. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:

(1) a resolution establishing an allocation provision under section 26 of this chapter that is adopted and approved under sections 8 through 10 of this chapter;

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

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

(4) a resolution establishing an allocation provision under IC 36-7-14-39 that is adopted and approved under IC 36-7-14-15, IC 36-7-14-16, and IC 36-7-14-17;

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

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

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

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

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

(1) IC 6-1.1-39;

(2) IC 8-22-3.5;

(3) IC 36-7-14;

(4) IC 36-7-30;

(5) IC 36-7-30.5;

(6) IC 36-7-32; or

(7) IC 36-7-32.5.

As added by P.L.38-2021, SEC.92. Amended by P.L.135-2022, SEC.24.
Ind. Code § 36-9-27-92 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-92
Transfers of property; requests for reassessment; notice and hearing; findings and final order
Status: in_force

Sec. 92. (a) Whenever the owner of a tract of land assessed under this chapter subdivides or otherwise transfers part of the tract to another owner, the owner of the tract may file with the board a written request for reassessment in recognition of the transfer. The request must include the name and address of each owner of a part of the tract, together with the description of that part.

(b) The board shall promptly determine and file a proposed reassessment or amendment to the schedule of assessments to recognize the transfer, set a date for hearing the request, and mail notice to each affected owner in a five-day return envelope. The service of further notice to the addressee of any letter that is returned undelivered is the responsibility of the owner making the request. The notice, which must describe the land to be reassessed, must state:

(1) the date, hour, and place of a hearing before the board on the proposed reassessment;

(2) that the land of the owner is shown by the proposed reassessment to be assessed in the sum of _______ dollars; and

(3) that failure to file objections or evidence at or before the hearing constitutes a waiver of the right of the owner to object, on the grounds stated in subsection (c), to any final action of the board.

The notice shall be mailed at least twenty (20) days before the hearing. However, written consent of all the affected owners, or the presence of all those owners at the hearing, constitutes a waiver of any defect in notice.

(c) In determining any reassessment, the board may consider only whether the reassessment is made in the manner required for justice to all affected land, taking into consideration section 84(c) of this chapter.

(d) At the hearing, the board shall consider all evidence and objections and may modify the proposed reassessment as justice to all affected land requires. Before final adjournment of the hearing, the board shall adopt the reassessment or amendment to the schedule of assessments into its findings and shall order the schedule amended. The board shall then announce its findings and order by certified mail to each affected owner, or shall have one (1) notice of its findings and order published in a newspaper of general circulation throughout the county. The notice must identify the 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.

(e) 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 receipt of the announcement or after the date of publication of the notice, the findings and order become conclusive.

(f) When the findings and order become conclusive, the board shall certify the schedule of reassessments to the auditor of each county in which there is land assessed by the reassessment, and the auditor and the county treasurer shall promptly proceed upon any reassessment in the manner prescribed for proceeding upon an originally certified assessment.

[Pre-Local Government Recodification Citation: 19-4-7-22.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.362.
Ind. Code § 36-9-13-24 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-24
Leases; options to renew
Status: in_force

Sec. 24. A lease under section 23 of this chapter may provide the eligible entity that is the lessee with an option to renew the lease for the same term or a shorter term, on the conditions provided in the lease.

[Pre-Local Government Recodification Citation: 19-8-4-13 part.]

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-1-20.2-17 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-17
Noncompliance reported to the department of local government finance
Status: in_force

Sec. 17. If the state board of accounts finds that a unit has not implemented a policy under this chapter, the state board of accounts shall forward the information to the department of local government finance.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-7-4-310 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-310
Organization; gifts and grants
Status: in_force

Sec. 310. (a) A municipality (in the case of a municipal plan commission or the metropolitan development commission) or a county (in the case of a county plan commission, a metropolitan plan commission, or an area plan commission) may accept gifts, donations, and grants from private or governmental sources for advisory plan commission purposes or planning department purposes, as the case may be.

(b) Any money so accepted shall be deposited with the municipality or the county, as the case may be, in a special nonreverting plan commission fund to be available for expenditures by the plan commission for the purpose designated by the source. The fiscal officer of the municipality or the county shall draw warrants against the special nonreverting fund only on vouchers signed by the president and secretary of the commission.

[Pre-Local Government Recodification Citations: 18-7-2-23; 18-7-4-310; 18-7-4-31; 18-7-5-31.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-8-25.5-7 — Indiana Code / Title 36 / Article 8 / Chapter 25.5 / Section 36-8-25.5-7
Responsibilities of a participating agency
Status: in_force

Sec. 7. Personnel assigned to the task force by a participating law enforcement agency remain employees of the participating agency and not of the task force. The following apply to personnel assigned to the task force by a participating law enforcement agency:

(1) The participating agency is responsible for the conduct of personnel it assigned to the task force.

(2) The participating agency is responsible for:

(A) worker's compensation; and

(B) medical expenses;

of personnel it assigned to the task force.

(3) For purposes of tort liability, including liability under the Indiana tort claims act, personnel from a participating agency remain, while rendering assistance or aid to the task force, or while en route to or from rendering assistance or aid to the task force, employees of the participating law enforcement agency.

(4) Except as otherwise provided in a memorandum of understanding entered into by the participating law enforcement agency under section 6 of this chapter, a participating law enforcement agency is responsible for providing for the payment of compensation and benefits to its participating employee.

(5) The task force is not responsible, in whole or in part, for any loss, damage, expense, or cost the participating law enforcement agency incurs while participating in the task force.

As added by P.L.217-2021, SEC.2.