Ind. Code § 36-7.6-4-8 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-8
Leases; complete authority
Status: in_force

Sec. 8. This chapter contains full and complete authority for leases between a development authority and an eligible political subdivision. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by a development authority or the eligible political subdivision or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this article.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-8-8-8 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-8
Employee contributions; lump sum withdrawal on termination of employment
Status: in_force

Sec. 8. (a) Each fund member shall contribute during the period of the fund member's employment or for thirty-two (32) years, whichever is shorter, an amount equal to six percent (6%) of the salary of a first class patrolman or firefighter. However, the employer may pay all or a part of the contribution for the member. The amount of the contribution, other than contributions paid on behalf of a member, shall be deducted each pay period from each fund member's salary by the disbursing officer of the employer. The employer shall send to the system board each year on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, or an alternate date established by the rules of the system board, a certified list of fund members and a warrant issued by the employer for the total amount deducted for fund members' contributions.

(b) After December 31, 2011, an employer shall submit:

(1) the list described in subsection (a) in a uniform format through a secure connection over the Internet or through other electronic means specified by the system board; and

(2) the contributions paid by or on behalf of a member under subsection (a) by electronic funds transfer.

(c) Except as provided in section 7(n) or 7.2 of this chapter, if a fund member ends the fund member's employment other than by death or disability before the fund member completes twenty (20) years of active service, the system board shall return to the fund member in a lump sum the fund member's contributions plus interest at a rate specified by rule by the system board. If the fund member returns to service, the fund member is entitled to credit for the years of service for which the fund member's contributions were refunded if the fund member repays the amount refunded to the fund member plus interest at a rate specified by rule by the system board in either a lump sum or a series of payments determined by the system board.

[Pre-Local Government Recodification Citations: 19-1-17.8-6; 19-1-36.5-6.]

As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.10; P.L.312-1989, SEC.4; P.L.180-2007, SEC.10; P.L.13-2011, SEC.17; P.L.16-2011, SEC.13; P.L.6-2012, SEC.251; P.L.35-2012, SEC.121; P.L.117-2013, SEC.2; P.L.92-2021, SEC.15.
Ind. Code § 36-9-27.4-6 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-6
"Person" defined
Status: in_force

Sec. 6. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or any other legal entity.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-7-4-600 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-600
600 Series—Zoning ordinance
Status: in_force

Sec. 600. This series (sections 600 through 699 of this chapter) may be cited as follows: 600 SERIES─ZONING ORDINANCE.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-7-18-36 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-36
Reports
Status: in_force

Sec. 36. At least once a year, a housing authority shall file with the clerk of the fiscal body a report of its activities for the preceding year, and shall make recommendations for any additional legislation or other action it considers necessary to carry out the purposes of this chapter. The authority shall make a copy of this report available for inspection by the public at the office of the authority.

[Pre-Local Government Recodification Citation: 18-7-11-21.]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-8-7.5-6 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-6
Annual report of local board
Status: in_force

Sec. 6. The local board shall submit a report in the month of June of each year to the city legislative body. The report shall be made as of the close of business on December 31 of the preceding year and must contain a detailed statement of the affairs of the 1953 fund under the control of the local board. The report must show the income and disbursements of, and the assets and liabilities of each fund established and maintained within the 1953 fund during the preceding year.

As added by Acts 1982, P.L.77, SEC.9.
Ind. Code § 36-9-36-50 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-50
Negotiability of bonds
Status: in_force

Sec. 50. (a) The bonds issued in anticipation of the collection of assessments are negotiable instruments and are free from all defenses by property owners.

(b) It is not necessary that the bonds include language describing the actions taken in ordering the improvement or directing the assessment. The bonds may instead include a general reference to this chapter.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-14.5-12.3 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-12.3
Powers that may be exercised by county executive
Status: in_force

Sec. 12.3. (a) This section applies to a redevelopment commission in a county having a United States government military base that is scheduled for closing or is completely or partially inactive or closed.

(b) The county executive body may adopt an ordinance to elect to allow the authority for the county to exercise the powers described in section 11(a)(5) of this chapter. An ordinance adopted under this section may also do any of the following:

(1) Establish or change the:

(A) number of members on the board of the authority; or

(B) name of the authority;

that would otherwise apply under this chapter.

(2) Provide for any other matter that is necessary or appropriate to carry out the powers described in section 11(a)(5) or 12.5 of this chapter.

The county executive may amend or rescind an ordinance adopted under this section if the rights of holders of bonded indebtedness, leases, or other obligations (as defined under IC 5-1-3-1) of the authority are not adversely affected.

As added by P.L.190-2005, SEC.11. Amended by P.L.32-2021, SEC.100.
Ind. Code § 36-9-1-0.1 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The addition of section 8.5 of this chapter by P.L.220-1986 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.220-1986 had not been enacted.

As added by P.L.220-2011, SEC.680.
Ind. Code § 36-10-9-20 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-20
State appropriation
Status: in_force

Sec. 20. (a) Four million dollars ($4,000,000) has been appropriated out of money in the general fund of the state not otherwise appropriated for distribution by the auditor and treasurer of state to a board that was in existence on March 11, 1967, to be expended by the board for the purpose of financing a convention center to be known as the Indiana convention exposition center. However, the four million dollar ($4,000,000) appropriation could not be spent by the board until funds and assets, exclusive of real property, in addition to this appropriation, had been received by the board under section 6 of this chapter of a total value of two million dollars ($2,000,000) in excess of the cost of the funds and assets to the board. The valuation of the funds and assets shall be conclusively determined by the board and the executive of the consolidated city. This appropriation does not lapse at the end of any biennium.

(b) The four million dollars ($4,000,000), including accrued interest, shall be repaid to the treasurer of state by December 31, 2000, in annual installments. The first payment shall be made on or before December 31, 1992. The amount of the payment must include interest at two percent (2%) per year The repayment shall be made by the board from net income received from the operation of the convention center, from available amounts in the capital improvement fund, and from any contributions, bequests, or other sources available to the board for this purpose.

As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.27-1992, SEC.29.
Ind. Code § 36-4-3-7 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-7
Publication of adopted ordinance; effectiveness; fire protection districts
Status: in_force

Sec. 7. (a) After an ordinance is adopted under section 3, 4, 5, 5.1, or 5.2 of this chapter, it must be published in the manner prescribed by IC 5-3-1. Except as provided in subsection (b), (c), or (e), in the absence of remonstrance and appeal under section 11 or 15.5 of this chapter, the ordinance takes effect at least ninety (90) days after its publication and upon the filing required by section 22(a) of this chapter.

(b) For the purposes of this section, territory that has been:

(1) added to an existing fire protection district under IC 36-8-11-11; or

(2) approved by ordinance of the county legislative body to be added to an existing fire protection district under IC 36-8-11-11, notwithstanding that the territory's addition to the fire protection district has not yet taken effect;

shall be considered a part of the fire protection district as of the date that the fire protection district was originally established.

(c) This subsection applies only to a fire protection district established after July 1, 1987. This subsection does not apply to an annexation under subsection (f). Whenever a municipality annexes territory, all or part of which lies within a fire protection district (IC 36-8-11), the annexation ordinance (in the absence of remonstrance and appeal under section 11 or 15.5 of this chapter) takes effect the second January 1 that follows the date the ordinance is adopted and upon the filing required by section 22(a) of this chapter. The municipality shall:

(1) provide fire protection to that territory beginning the date the ordinance is effective; and

(2) send written notice to the fire protection district of the date the municipality will begin to provide fire protection to the annexed territory within ten (10) days of the date the ordinance is adopted.

(d) This subsection applies only to a fire protection district established after July 1, 1987. This subsection does not apply to an annexation under subsection (f). If the fire protection district from which a municipality annexes territory is indebted or has outstanding unpaid bonds or other obligations at the time the annexation is effective, the municipality is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the property in the annexed territory (that is part of the fire protection district) bears to the assessed valuation of all property in the fire protection district, as shown by the most recent assessment for taxation before the annexation, unless the assessed property within the municipality is already liable for the indebtedness. The annexing municipality shall pay its indebtedness under this section to the board of fire trustees. If the indebtedness consists of outstanding unpaid bonds or notes of the fire protection district, the payments to the board of fire trustees shall be made as the principal or interest on the bonds or notes becomes due.

(e) This subsection applies to an annexation initiated by property owners under section 5.1 of this chapter in which all property owners within the area to be annexed petition the municipality to be annexed. Subject to subsection (c), and in the absence of an appeal under section 15.5 of this chapter, an annexation ordinance takes effect at least thirty (30) days after its publication and upon the filing required by section 22(a) of this chapter.

(f) Whenever a municipality annexes territory that lies within a fire protection district that has a total net assessed value (as determined by the county auditor) of more than one billion dollars ($1,000,000,000) on the date the annexation ordinance is adopted:

(1) the annexed area shall remain a part of the fire protection district after the annexation takes effect; and

(2) the fire protection district shall continue to provide fire protection services to the annexed area.

The municipality shall not tax the annexed territory for fire protection services. The annexing municipality shall establish a special fire fund for all fire protection services that are provided by the municipality within the area of the municipality that is not within the fire protection district, and which shall not be assessed to the annexed special taxing district. The annexed territory that lies within the fire protection district shall continue to be part of the fire protection district special taxing district.

[Pre-Local Government Recodification Citations: 18-5-10-19 part; 18-5-10-20 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.308, SEC.4; Acts 1982, P.L.33, SEC.21; P.L.341-1987, SEC.1; P.L.5-1989, SEC.94; P.L.224-2001, SEC.7; P.L.113-2010, SEC.116; P.L.86-2018, SEC.342; P.L.236-2019, SEC.1; P.L.104-2022, SEC.155; P.L.23-2022, SEC.1; P.L.70-2022, SEC.7; P.L.105-2022, SEC.39; P.L.1-2025, SEC.235.
Ind. Code § 36-8-19-9 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-9
Avoidance of duplication of tax levies; preexisting indebtedness
Status: in_force

Sec. 9. (a) The department of local government finance, when approving a rate and levy fixed by the provider unit, shall verify that a duplication of tax levies does not exist within participating units, so that taxpayers do not bear two (2) levies for the same service, except as provided by subsection (b) or (c).

(b) A unit or fire protection district that incurred indebtedness for fire protection services before becoming a participating unit under this chapter shall continue to repay that indebtedness by levies within the boundaries of the unit or fire protection district until the indebtedness is paid in full.

(c) A unit or fire protection district that agreed to the borrowing of money to purchase fire protection equipment while a participating unit under this chapter shall continue to repay the unit's or fire protection district's share of that indebtedness by imposing a property tax within the boundaries of the unit or fire protection district until the indebtedness is paid in full. The department of local government finance shall determine the amount of the indebtedness that represents the unit's or fire protection district's fair share, taking into account the equipment purchased, the useful life of the equipment, the depreciated value of the equipment, and the number of years the unit benefited from the equipment.

As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.4; P.L.90-2002, SEC.502; P.L.255-2017, SEC.48.
Ind. Code § 36-10-13-8 — Indiana Code / Title 36 / Article 10 / Chapter 13 / Section 36-10-13-8
School corporations in certain counties; appropriation for cultural institution authorized; prerequisites for receipt of payments; imposition of tax
Status: in_force

Sec. 8. (a) This section applies to school corporations in a county:

(1) containing a consolidated city; or

(2) as of the 2020 federal decennial census, having a population of more than one hundred seventy-five thousand (175,000) and less than seven hundred thousand (700,000).

(b) Subject to subsection (c), the governing body of a school corporation may annually appropriate sums to be paid to cultural institutions that are reasonably commensurate with the educational and cultural contributions made by the institutions to the school corporation and the school corporation's students.

(c) Before a cultural institution may receive payments under this section, the president and secretary of the cultural institution must file with the school corporation an affidavit stating that the cultural institution meets the following requirements:

(1) The governing body has adopted a resolution that entitles a representative of the school corporation to attend and speak at all meetings of the governing body.

(2) The cultural institution:

(A) admits the public to galleries, museums, and facilities at reasonable times and allows public use of those facilities free of charge; or

(B) provides alternative services free of charge to the public instead of admission to those facilities.

The governing body of the school corporation shall judge whether the alternative services are conducive to the education or cultural development of the public.

(3) The cultural institution has a permanent location in the municipality where the cultural institution conducts the cultural institution's principal educational or cultural purpose.

(4) The cultural institution has no general taxing authority.

The affidavit must be filed at least thirty (30) days before a request for an appropriation under this section.

(d) To provide for a cultural institution under this section, the governing body of a school corporation may impose a tax of not more than five-tenths of one cent ($0.005) on each one hundred dollars ($100) of assessed valuation in the school corporation and do the following:

(1) The school corporation shall deposit the proceeds of the tax in a cultural institution fund. The cultural institution fund shall be separate and distinct from the school corporation's operation and education funds and may be used only to provide funds for a cultural institution under this section.

(2) Subject to section 6 of this chapter, the governing body of a school corporation may annually appropriate money in the cultural institution fund to be paid in semiannual installments to a cultural institution having facilities in the county.

(e) A cultural institution that complies with this section may continue to receive payments under this section as long as the school corporation appropriates sums for that purpose.

(f) In the case of a school corporation with territory in more than one (1) county, the governing body of the school corporation may impose the property tax levy under this section only on real and personal property in the school corporation's territory that is located in the county described in subsection (a).

(g) The property tax rate and levy imposed under this chapter:

(1) must be certified by the department of local government finance under IC 6-1.1-17-16; and

(2) are not considered part of the maximum permissible ad valorem property tax levy under IC 20-46-8-1 for the school corporation's operations fund.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17.5-4.]

As added by P.L.1-2005, SEC.48. Amended by P.L.11-2023, SEC.134; P.L.230-2025, SEC.153.
Ind. Code § 36-1-9.5-3 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-3
"Applicant" defined
Status: in_force

Sec. 3. As used in this chapter, "applicant" means a contractor or the subcontractor who seeks to do business with an entity.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-10-1-3 — Indiana Code / Title 36 / Article 10 / Chapter 1 / Section 36-10-1-3
"Public way"
Status: in_force

Sec. 3. "Public way" includes highway, street, avenue, boulevard, road, lane, or alley.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.109.
Ind. Code § 36-8-10-11 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-11
Police officers; discipline and removal; hearings; notice; appeal; specific findings; final judgment; venue
Status: in_force

Sec. 11. (a) The sheriff may dismiss, demote, or temporarily suspend a county police officer for cause after preferring charges in writing and after a fair public hearing before the board, which is reviewable in the circuit court, superior court, or probate court. Written notice of the charges and hearing must be delivered by certified mail to the officer to be disciplined at least fourteen (14) days before the date set for the hearing. The officer may be represented by counsel. The board shall make specific findings of fact in writing to support its decision.

(b) The sheriff may temporarily suspend an officer with or without pay for a period not exceeding fifteen (15) days, without a hearing before the board, after preferring charges of misconduct in writing delivered to the officer.

(c) A county police officer may not be dismissed, demoted, or temporarily suspended because of political affiliation nor after the officer's probationary period, except as provided in this section. Subject to IC 3-5-9, an officer may:

(1) be a candidate for elective office and serve in that office if elected;

(2) be appointed to an office and serve in that office if appointed; and

(3) except when in uniform or on duty, solicit votes or campaign funds for the officer or others.

(d) The board has subpoena powers enforceable by the circuit court, superior court, or probate court for hearings under this section. An officer on probation may be dismissed by the sheriff without a right to a hearing.

(e) An appeal under subsection (a) must be taken by filing in court, within thirty (30) days after the date the decision is rendered, a verified complaint stating in a concise manner the general nature of the charges against the officer, the decision of the board, and a demand for the relief asserted by the officer. A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs only if the court finds that the board's decision should be affirmed. The bond must be approved as bonds for costs are approved in other cases. The county must be named as the sole defendant and the plaintiff shall have a summons issued as in other cases against the county. Neither the board nor the members of it may be made parties defendant to the complaint, but all are bound by service upon the county and the judgment rendered by the court.

(f) All appeals shall be tried by the court. The appeal shall be heard de novo only upon any new issues related to the charges upon which the decision of the board was made. Within ten (10) days after the service of summons, the board shall file in court a complete written transcript of all papers, entries, and other parts of the record relating to the particular case. Inspection of these documents by the person affected, or by the person's agent, must be permitted by the board before the appeal is filed, if requested. The court shall review the record and decision of the board on appeal.

(g) The court shall make specific findings and state the conclusions of law upon which its decision is made. If the court finds that the decision of the board appealed from should in all things be affirmed, its judgment should so state. If the court finds that the decision of the board appealed from should not be affirmed in all things, then the court shall make a general finding, setting out sufficient facts to show the nature of the proceeding and the court's decision on it. The court shall either:

(1) reverse the decision of the board; or

(2) order the decision of the board to be modified.

(h) The final judgment of the court may be appealed by either party. Upon the final disposition of the appeal by the courts, the clerk shall certify and file a copy of the final judgment of the court to the board, which shall conform its decisions and records to the order and judgment of the court. If the decision is reversed or modified, then the board shall pay to the party entitled to it any salary or wages withheld from the party pending the appeal and to which the party is entitled under the judgment of the court.

(i) Either party shall be allowed a change of venue from the court or a change of judge in the same manner as such changes are allowed in civil cases. The rules of trial procedure govern in all matters of procedure upon the appeal that are not otherwise provided for by this section.

(j) An appeal takes precedence over other pending litigation and shall be tried and determined by the court as soon as practical.

[Pre-Local Government Recodification Citation: 17-3-14-7.]

As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1981, P.L.315, SEC.9; P.L.347-1985, SEC.1; P.L.350-1987, SEC.1; P.L.197-1988, SEC.1; P.L.265-1993, SEC.5; P.L.135-2012, SEC.12; P.L.84-2016, SEC.183.
Ind. Code § 36-7-4-301 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-301
Organization; quorum
Status: in_force

Sec. 301. A quorum consists of a majority of the entire membership of the plan commission, who are qualified by this chapter to vote.

[Pre-Local Government Recodification Citations: 18-7-2-13 part; 18-7-3-9 part; 18-7-4-301; 18-7-4-18 part; 18-7-5-19 part.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-1-8-14.2 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-14.2
Expired
Status: repealed

As added by P.L.186-2001, SEC.8. Amended by P.L.181-2006, SEC.61; P.L.219-2007, SEC.105; P.L.146-2008, SEC.686; P.L.181-2016, SEC.38. Expired 1-1-2020 by P.L.181-2016, SEC.38.
Ind. Code § 36-6-1.5-8 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-8
Merger effective date; former township governments abolished; property, functions, and indebtedness transferred
Status: reserved

Sec. 8. (a) On the date a merger takes effect:

(1) the former township governments are abolished as separate entities;

(2) each township subject to the merger retains its geographical boundaries and its name;

(3) the territory of the new township government includes all the territory that comprised the territories of the former township governments before the merger;

(4) the agencies of the former township governments are abolished;

(5) the functions of the abolished agencies are assigned to agencies of the new township government;

(6) the:

(A) property;

(B) records;

(C) personnel;

(D) rights; and

(E) liabilities;

related to the functions of the abolished agencies are assigned to agencies of the new township government; and

(7) Subject to subsection (b), any bonds and other indebtedness of, or assumed by, the former township governments are transferred to the new township government.

(b) This subsection applies to a merger under IC 36-6-1.7. Indebtedness that was incurred by each former township government prior to the merger under IC 36-6-1.7:

(1) may not be imposed on taxpayers that were not responsible for payment of the indebtedness before the merger; and

(2) must be paid by the taxpayers that were responsible for payment of the indebtedness before the merger.

As added by P.L.240-2005, SEC.3. Amended by P.L.134-2026, SEC.6.
Ind. Code § 36-7-31.3-16 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-16
Distributions from fund
Status: in_force

Sec. 16. On or before the twentieth day of each month, all amounts held in the professional sports and convention development area fund shall be distributed to the county treasurer.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-7.5-4.5-5 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-5
"Development project"
Status: in_force

Sec. 5. As used in this chapter, "development project" includes only development projects that benefit the corridor.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-8-8.3-9 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-9
Determination by review panel after second evaluation
Status: in_force

Sec. 9. (a) If, after the second evaluation, the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty.

(b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall be determined to have a permanent impairment.

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-5-1.2-3 — Indiana Code / Title 36 / Article 5 / Chapter 1.2 / Section 36-5-1.2-3
Withdrawal from petition
Status: in_force

Sec. 3. (a) A petitioner may withdraw from the petition before the town legislative body makes a decision on the petition under section 6 of this chapter.

(b) In determining whether a sufficient number of registered voters have signed the petition, the legislative body may not consider names withdrawn from the petition under this section.

As added by P.L.258-1993, SEC.1.
Ind. Code § 36-9-3-31 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-31
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-5-2.5-28.]

As added by Acts 1981, P.L.309, SEC.76. Amended by Acts 1981, P.L.45, SEC.36; P.L.21-1990, SEC.56; P.L.12-1992, SEC.176; P.L.254-1997(ss), SEC.33; P.L.90-2002, SEC.504; P.L.219-2007, SEC.141; P.L.146-2008, SEC.786. Repealed by P.L.182-2009(ss), SEC.469.
Ind. Code § 36-3-3-8 — Indiana Code / Title 36 / Article 3 / Chapter 3 / Section 36-3-3-8
Appointment powers
Status: in_force

Sec. 8. The executive shall make the appointments prescribed by IC 36-3-5 and all other appointments required by statute to be made by the executive of a consolidated or first class city or a county having such a city.

[Pre-Local Government Recodification Citations: 18-4-3-4 part; 18-4-4-9(1); 18-2-1-4 part; 18-2-1-9 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-1-17-2 — Indiana Code / Title 36 / Article 1 / Chapter 17 / Section 36-1-17-2
Legal expenses of officer or employee
Status: in_force

Sec. 2. Except as provided in section 3 of this chapter, a unit or municipal corporation may not pay the legal expenses incurred by an officer or employee of the unit or the municipal corporation:

(1) in defending against:

(A) a criminal action;

(B) a civil action brought by the attorney general of the United States, a United States attorney, the attorney general of Indiana, or an Indiana prosecuting attorney under:

(i) IC 34-24-1;

(ii) IC 34-24-2;

(iii) IC 34-24-3;

(iv) IC 5-11-5;

(v) IC 5-11-6;

(vi) IC 5-13-6;

(vii) IC 5-13-14-3; or

(viii) 18 U.S.C. 1964; or

(C) a proceeding to enforce an ordinance or a statute defining an infraction; or

(2) who is the target of a grand jury investigation, if the scope of the investigation includes a claim that the officer or employee committed a criminal act.

As added by P.L.128-2005, SEC.1.
Ind. Code § 36-8-3-5 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-5
Merit boards and commissions; exemption from statutory procedure
Status: in_force

Sec. 5. Except as provided in section 4.3 of this chapter, sections 3, 4, and 4.1 of this chapter do not apply to a police or fire department having a board or commission established by statute or ordinance to establish or administer policies based on merit for the appointment, promotion, demotion, and dismissal of members of the department, unless the establishing law specifically incorporates one (1) or more of those sections.

[Pre-Local Government Recodification Citation: 18-1-11-3(a)(2).]

As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.183, SEC.23; Acts 1982, P.L.33, SEC.37; P.L.13-2010, SEC.2.
Ind. Code § 36-7.5-3-6 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-6
Northwest Indiana regional development authority commuter rail construction fund; establishment; uses
Status: in_force

Sec. 6. (a) As used in this section, "fund" refers to the northwest Indiana regional development authority commuter rail construction fund established by subsection (b).

(b) The northwest Indiana regional development authority commuter rail construction fund is established within the treasury of the development authority as a restricted fund for the purpose of holding money to be used to provide matching grants for projects that:

(1) are related to the extension of the Chicago, South Shore, and South Bend Railway; and

(2) are approved by the development authority under this section.

(c) The fund consists of the following:

(1) Appropriations by the general assembly.

(2) Contributions received by the development authority under IC 36-7.5-4-1 and IC 36-7.5-4-2.

(3) Contributions of the local income tax revenue received by the fund in accordance with section 5 of this chapter.

(4) Federal grants.

(5) Gifts.

(d) The development authority shall administer the fund.

(e) Money in the fund that is not needed to satisfy the obligations of the fund may be invested in the manner that other public money may be invested. Interest or other investment returns received on investments of money in the fund becomes part of the fund.

(f) Money in the fund may be disbursed from the fund only for the following purposes:

(1) To pay debt service on bonds issued to fund construction projects extending the Chicago, South Shore, and South Bend Railway.

(2) To provide matching grants in accordance with the requirements of this section.

(3) To pay the expenses of the development authority in administering the fund.

(4) To return money to the entity that contributed the money to correct an error in the contribution amount or because the money is no longer needed for the purpose for which the money was contributed.

As added by P.L.213-2015, SEC.266. Amended by P.L.197-2016, SEC.141.
Ind. Code § 36-1.5-4-40.5 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-40.5
Reorganization of a township and another political subdivision; powers and duties; remonstrance; borrowing; tax levies
Status: in_force

Sec. 40.5. The following apply in the case of a reorganization under this article that includes a township and another political subdivision:

(1) If the township borrowed money from a township fund under IC 36-6-6-14(c) to pay the operating expenses of the township fire department or a volunteer fire department before the reorganization:

(A) the reorganized political subdivision is not required to repay the entire loan during the following year; and

(B) the reorganized political subdivision may repay the loan in installments during the following five (5) years.

(2) Except as provided in subdivision (3):

(A) the reorganized political subdivision continues to be responsible after the reorganization for providing township services in all areas of the township, including within the territory of a municipality in the township that does not participate in the reorganization; and

(B) the reorganized political subdivision retains the powers of a township after the reorganization in order to provide township services as required by clause (A).

(3) Powers and duties of the reorganized political subdivision may be transferred as authorized in an interlocal cooperation agreement approved under IC 36-1-7 or as authorized in a cooperative agreement approved under IC 36-1.5-5.

(4) If all or part of a municipality in the township is not participating in the reorganization, not less than ten (10) township taxpayers who reside within territory that is not participating in the reorganization may file a petition with the county auditor protesting the reorganized political subdivision's township assistance levy. The petition must be filed not more than thirty (30) days after the reorganized political subdivision finally adopts the reorganized political subdivision's township assistance levy. The petition must state the taxpayers' objections and the reasons why the taxpayers believe the reorganized political subdivision's township assistance levy is excessive or unnecessary. The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time and place for the hearing of the matter. The hearing shall be held not less than five (5) days and not more than thirty (30) days after the receipt of the certified documents. The hearing shall be held in the county where the petition arose. Notice of the hearing shall be given by the department of local government finance to the reorganized political subdivision and to the first ten (10) taxpayer petitioners listed on the petition by letter. The letter shall be sent to the first ten (10) taxpayer petitioners at the taxpayers' usual place of residence at least five (5) days before the date of the hearing. After the hearing, the department of local government finance may reduce the reorganized political subdivision's township assistance levy to the extent that the levy is excessive or unnecessary. A taxpayer who signed a petition under this subdivision or a reorganized political subdivision against which a petition under this subdivision is filed may petition for judicial review of the final determination of the department of local government finance under this subdivision. The petition must be filed in the tax court not more than forty-five (45) days after the date of the department of local government finance's final determination.

(5) Section 40 of this chapter applies to the debt service levy of the reorganized political subdivision and to the department of local government finance's determination of the new maximum permissible ad valorem property tax levy for the reorganized political subdivision.

(6) The reorganized political subdivision may not borrow money under IC 36-6-6-14(b) or IC 36-6-6-14(c).

(7) The new maximum permissible ad valorem property tax levy for the reorganized political subdivision's firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined levies for the township firefighting fund and township emergency services fund described in IC 36-8-13-4(a)(2) is equal to:

(A) the result of:

(i) the maximum permissible ad valorem property tax levy for the township's firefighting and emergency services fund under IC 36-8-13-4(a)(1) or the combined ad valorem property tax levies for the township firefighting fund and township emergency services fund described in IC 36-8-13-4(a)(2), as applicable, in the year preceding the year in which the reorganization is effective; multiplied by

(ii) the maximum levy growth quotient applicable for property taxes first due and payable in the year in which the reorganization is effective; plus

(B) any amounts borrowed by the township under IC 36-6-6-14(b) or IC 36-6-6-14(c) in the year preceding the year in which the reorganization is effective.

As added by P.L.255-2013, SEC.10. Amended by P.L.159-2020, SEC.77; P.L.236-2023, SEC.165.
Ind. Code § 36-7-4-1015 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1015
Commitments; enforcement
Status: in_force

Sec. 1015. (a) As a condition to the:

(1) adoption of a rezoning proposal;

(2) primary approval of a proposed subdivision plat or development plan;

(3) approval of a vacation of all or part of the plat; or

(4) approval of an application for a:

(A) special exception;

(B) special use;

(C) contingent use;

(D) conditional use; or

(E) variance;

the owner of a parcel of real property may be required or allowed to make a commitment concerning the use or development of that parcel.

(b) Commitments are subject to the following provisions:

(1) A commitment must be in writing.

(2) Unless the written commitment is modified or terminated in accordance with this subsection, a written commitment is binding on the owner of the parcel.

(3) A commitment shall be recorded in the office of the county recorder. After a commitment is recorded, it is binding on a subsequent owner or any other person who acquires an interest in the parcel. However, a commitment is binding on the owner who makes the commitment even if the commitment is unrecorded. An unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment.

(4) A commitment may contain terms providing for its own expiration. A commitment may also contain terms providing that the commitment automatically terminates:

(A) if the zoning district or classification applicable to the parcel is changed;

(B) if the land use to which the commitment relates is changed; or

(C) otherwise in accordance with the rules of the plan commission, board of zoning appeals, or legislative body to which the commitment is made.

(5) Except for a commitment that expires or automatically terminates under subdivision (4), or except as provided in subdivision (10), a commitment may be modified or terminated:

(A) by a decision of the plan commission or board of zoning appeals to which the commitment was made; or

(B) by the decision of the legislative body, if the commitment is made as part of a rezoning proposal being considered by the legislative body under the 600 or 1500 series of this chapter.

A decision by a plan commission or board of zoning appeals must be made at a public hearing after notice of the hearing has been provided under the rules of the plan commission or board of zoning appeals, as the case may be.

(6) During the time a rezoning proposal is being considered by the legislative body under the 600 or 1500 series of this chapter, the owner may make a new commitment to the legislative body or modify the terms of a commitment that was made when the proposal was being considered by the plan commission. This subdivision does not apply to a commitment to which subdivision (10) applies.

(7) Except as provided in subdivision (8), no further action of the plan commission is required for an action taken by the legislative body under subdivision (6) to be effective.

(8) If a commitment is modified under subdivision (6) and the effect of the modification is to make the commitment less stringent, the modified commitment shall be referred to the plan commission for further review. The plan commission shall, not later than forty-five (45) days after referral of the modified commitment:

(A) ratify the modified commitment; or

(B) certify a recommendation to the legislative body that the commitment be further modified.

After considering the recommendation of the plan commission, the legislative body shall then make the final decision on the terms of the modified commitment.

(9) Requiring or allowing a commitment to be made does not obligate the plan commission, board of zoning appeals, or legislative body, as applicable, to adopt, approve, or favorably recommend the proposal or application to which the commitment relates.

(10) This subdivision applies only to a commitment that is made before the parcel subject to the commitment is annexed by a municipality and after the annexation, the parcel becomes subject to the jurisdiction of a plan commission, board of zoning appeals, or legislative body other than the plan commission, board of zoning appeals, or legislative body to which the commitment was made. A commitment may be modified or terminated only by a decision of the legislative body of the annexing municipality. The decision must be made by the legislative body of the annexing municipality after considering the recommendation of the municipal plan commission certified to the legislative body after a public hearing held by the plan commission in accordance with the commission's rules. The rules of the municipal plan commission must include a provision requiring notice to be sent by certified mail at least ten (10) days before the date of the hearing to the following:

(A) The plan commission, board of zoning appeals, or legislative body to which the commitment was made.

(B) Each owner of real property, as shown on the county auditor's current tax list, whose real property is located within three hundred (300) feet of the parcel subject to the commitment.

(c) The plan commission or board of zoning appeals may adopt rules:

(1) governing the creation, form, recording, effectiveness, modification, and termination of commitments that are made before the plan commission or board of zoning appeals; and

(2) designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.

(d) An action to enforce a commitment may be brought in the circuit or superior court of the county by:

(1) the plan commission, the board of zoning appeals, or the legislative body before which the commitment was made;

(2) in the case of a commitment:

(A) modified under subsection (b)(10); or

(B) continued in effect upon annexation;

the legislative body of the municipality that annexed the real property subject to the commitment, if the annexation is effective after the date the commitment was made;

(3) any person who was entitled to enforce a commitment under the rules of the plan commission or board of zoning appeals in force at the time the commitment was made; or

(4) any other specially affected person who was designated in the commitment.

(e) A person bringing an action to enforce a commitment may request mandatory or prohibitory injunctive relief through the granting of a temporary restraining order, preliminary injunction, or permanent injunction. If an action to enforce a commitment is successful, the respondent shall bear the costs of the action. A change of venue from the county may not be granted in such an action.

(f) In an action to enforce a commitment, it is not a defense that:

(1) no consideration was given for the commitment;

(2) the commitment does not benefit any designated parcel of property;

(3) the document setting forth the commitment lacks a seal;

(4) there is no privity of estate;

(5) there is not privity of contract; or

(6) there is no proof of damages.

(g) The following types of conditions, as authorized by this chapter, are not considered commitments and are not subject to subsection (b):

(1) A condition imposed upon primary approval of a plat that must be met before secondary approval of the plat may be granted under the 700 series of this chapter.

(2) A condition imposed upon the approval of an exception, a use, a variance, or a development plan that must be met before an improvement location permit may be issued under the 800 series of this chapter.

(3) A condition imposed upon an approval relative to any other development requirement that must be met before any other secondary approval may be granted or building permit may be issued under this chapter.

(4) A condition that was imposed before July 1, 2011, on an approval relative to any development requirement. However, this subdivision applies only if a copy of the condition has been filed and permanently maintained as a public record in the office of the plan commission or board of zoning appeals that imposed the condition.

(h) Covenants, easements, equitable servitudes, and other land use restrictions created in accordance with law are not considered commitments and are not subject to subsection (b).

(i) This subsection applies only to a commitment made as part of a rezoning proposal being considered by the legislative body under the 600 or 1500 series of this chapter. A written commitment may not abrogate the authority of a legislative body to modify or terminate a commitment under this section.

[Pre-Local Government Recodification Citations: 18-7-2-84.1 part; 18-7-4-1015 part; 18-7-4-91; 18-7-5-95.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.320-1995, SEC.20; P.L.126-2011, SEC.36; P.L.130-2014, SEC.1.
Ind. Code § 36-12-11-14 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-14
Complaints; form; filing
Status: in_force

Sec. 14. All complaints concerning a practitioner must be written, signed by the complainant, and initially filed with the director. Except for an employee of the attorney general's office acting in an official capacity, a complaint may be filed by any individual, including a member of the board.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-27.8-11 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-11
Mandatory contract provisions
Status: in_force

Sec. 11. A contract between the executive and the homeowners association of a subdivision under this chapter must include provisions that do the following:

(1) Authorize the unit to repair subdivision drains located in the subdivision either:

(A) through the work of employees of the unit; or

(B) by contracting for the repair work to be performed by a third party.

(2) Authorize the unit to impose assessments on owners of property in the subdivision to:

(A) recover the cost of repairing subdivision drains in the subdivision; and

(B) accumulate funds to defray the cost of future projects to repair subdivision drains in the subdivision.

(3) Authorize:

(A) employees of:

(i) the unit; or

(ii) a contractor of the unit; and

(B) the county surveyor or the county surveyor's employees;

to enter upon property that is located in the subdivision and is owned by a member of the homeowners association of the subdivision for the purpose of repairing subdivision drains located on the property.

(4) Authorize the unit to determine the order in which subdivision drains will be repaired by the unit.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-7-11.2-61 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-61
Conditions for constructing, reconstructing, altering, or demolishing Meridian Street property
Status: in_force

Sec. 61. (a) A person may not construct on Meridian Street property a structure or feature or reconstruct, alter, or demolish Meridian Street property unless the following conditions have been met:

(1) The person has previously filed with the commission an application for a certificate of appropriateness in the form and with the plans, specifications, and other materials that the commission prescribes.

(2) A certificate of appropriateness has been issued by the commission as provided in this section.

(b) After the filing of an application for a certificate of appropriateness, the commission shall determine whether the proposed construction, reconstruction, or alteration of the structure in question:

(1) will be appropriate to the preservation of the area comprised of Meridian Street and bordering property; and

(2) complies with the architectural and construction standards then existing in the area.

(c) In determining appropriateness, the commission shall consider, in addition to other factors that the commission considers pertinent, the historical and architectural style, general design, arrangement, size, texture, and materials of the proposed work and the relation of the proposed work to the architectural factor of other structures in the area. The department of metropolitan development may not issue a permit for the construction, reconstruction, alteration, or demolition of a structure in the area unless the application for the permit is accompanied by a certificate of appropriateness.

(d) The issuance of or refusal to issue a permit is a final determination appealable under section 64 of this chapter. With respect to a certificate of appropriateness, the commission may, by rule or regulation, provide for:

(1) the public hearings;

(2) notice of the hearings; or

(3) the filing of the application for the certificate;

that the commission considers necessary.

(e) Notwithstanding this section, the commission may, by rule or regulation:

(1) define; and

(2) exempt from the application of this section;

specific types and categories of construction, reconstruction, alterations, and demolition for which the commission determines commission action and review are not necessary or desirable to effect the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a) part, (b), (c), (d).]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-8-23-4 — Indiana Code / Title 36 / Article 8 / Chapter 23 / Section 36-8-23-4
Immunities of fast responders
Status: in_force

Sec. 4. IC 16-31-6 applies to a community fast responder.

As added by P.L.70-2012, SEC.2.
Ind. Code § 36-9-6-20 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-20
Maps and records of pipes and conduits
Status: in_force

Sec. 20. The works board may maintain a map and record of all pipes and conduits in the city for sewers, gas, water, electric wire, heat, and other purposes, showing their size, depth, inclination, location, and date of construction.

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

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-7-18-2 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-2
Declaration of public purpose
Status: in_force

Sec. 2. The clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property may be acquired.

[Pre-Local Government Recodification Citation: 18-7-11-2 part.]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-7-4-407 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-407
Duties; powers; advisory citizens' committees
Status: in_force

Sec. 407. Each plan commission may establish advisory committees of citizens interested in problems of planning and zoning. In its resolution establishing such a committee, the commission shall specify the terms of its members and its purposes. Each advisory committee shall:

(1) study the subject and problems specified by the commission and recommend to the commission additional problems in need of study;

(2) advise the commission concerning how the subject and problems relate particularly to different areas and groups in the community; and

(3) if invited by the commission to do so, sit with and participate, without the right to vote, in the deliberations of the commission, when subjects of mutual concern are discussed.

A committee shall report only to the commission and shall make inquiries and reports only on the subject and problems specified by the commission's resolution establishing the committee.

[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-2-27; 18-7-2-28; 18-7-2-29; 18-7-2-30; 18-7-4-407; 18-7-4-25 part; 18-7-4-27; 18-7-4-28; 18-7-5-28 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.22.
Ind. Code § 36-7-5.1-23 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-23
Board of zoning appeals
Status: in_force

Sec. 23. (a) Notwithstanding IC 36-7-4-901, the commission shall establish a board of zoning appeals.

(b) The board of zoning appeals shall be composed of one (1) division of five (5) members who are selected according to section 24 of this chapter.

(c) The board of zoning appeals shall be known as the joint district board of zoning appeals.

(d) Except as provided in this section, a joint district board of zoning appeals has the exclusive territorial jurisdiction over all real property in the joint district.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-1-20.2-9 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-9
Adoption of more stringent or detailed requirements
Status: in_force

Sec. 9. (a) This chapter establishes minimum requirements regarding employment of relatives. The legislative body of the unit shall adopt a policy that includes, at a minimum, the requirements set forth in this chapter. However, the policy may:

(1) include requirements that are more stringent or detailed than any provision in this chapter; and

(2) apply to individuals who are exempted or excluded from the application of this chapter.

The unit may prohibit the employment of a relative that is not otherwise prohibited by this chapter.

(b) The annual report filed by a unit with the state board of accounts under IC 5-11-13-1 must include a statement by the executive of the unit stating whether the unit has implemented a policy under this chapter.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-7-9-23 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-23
Change of venue and judge
Status: in_force

Sec. 23. A change of venue may not be allowed in an action filed under section 8, 13, or 17 of this chapter, but a change of judge shall be allowed in the same manner as is provided for other civil matters.

[Pre-Local Government Recodification Citation: 18-5-5.5-19 part.]

As added by Acts 1981, P.L.309, SEC.28.
Ind. Code § 36-7-30.5-9 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-9
Development authority governed by board
Status: in_force

Sec. 9. A development authority established under this chapter shall be governed by a board of nine (9) members to be known as the "Crane Development Authority".

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-1-8-10.5 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-10.5
Employee of political subdivision as candidate for or appointed to office
Status: in_force

Sec. 10.5. (a) This section does not apply to the following:

(1) An elected or appointed officer.

(2) An individual described in IC 20-26-4-11.

(b) Subject to IC 3-5-9, an employee of a political subdivision may:

(1) be a candidate for any elected office and serve in that office if elected; or

(2) be appointed to any office and serve in that office if appointed;

without having to resign as an employee of the political subdivision.

As added by P.L.26-2000, SEC.45. Amended by P.L.1-2005, SEC.231; P.L.135-2012, SEC.6.
Ind. Code § 36-2-13-0.1 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The addition of section 14 of this chapter by P.L.219-1991 applies to the following:

(1) An insurance policy that is issued or renewed after June 30, 1991.

(2) A contract entered into or renewed after June 30, 1991, under which a prepaid health care delivery plan is to provide services to enrollees.

As added by P.L.220-2011, SEC.643.
Ind. Code § 36-10-12-3 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-3
"Incorporated town"
Status: in_force

Sec. 3. As used in this chapter, "incorporated town" means an incorporated town located in a county containing a consolidated city.

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

As added by P.L.1-2005, SEC.47.
Ind. Code § 36-7-15.6-13 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-13
Distribution and allocation of taxes; allocation area; allocation of excess assessed value
Status: in_force

Sec. 13. (a) An allocation provision adopted under this chapter must:

(1) apply to the entire flood control improvement district; and

(2) require that any property tax on taxable property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes in the flood control improvement district be allocated and distributed as provided in subsections (b) and (c).

(b) Except as otherwise provided in this section:

(1) the proceeds of the taxes attributable to the lesser of:

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

(B) the base assessed value;

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

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

(c) Except as provided in section 20 of this chapter and as provided in subsection (d), all the property tax proceeds that exceed those described in subsection (b) shall be allocated to the commission, when collected, and paid into the flood control improvement fund established for the district under section 16 of this chapter.

(d) Before July 15 of each year, the commission shall do the following:

(1) Determine the amount, if any, by which the property tax proceeds to be deposited in the flood control improvement fund will exceed the amount of assessed value needed to provide the property taxes necessary to make, when due, principal and interest payments on bonds described in section 17 of this chapter, or on bonds described in section 19(a) of this chapter, whichever is applicable, plus the amount necessary for other purposes described in section 17 of this chapter.

(2) Provide a written notice to the county auditor, the legislative body of the unit that established the commission, and the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that are wholly or partly located within the allocation area. The notice must:

(A) state the amount, if any, of excess tax proceeds that the commission has determined may be allocated to the respective taxing units in the manner prescribed in subsection (c); or

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

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. The commission may not authorize an allocation of property tax proceeds under this subdivision if to do so would endanger the interests of the holders of bonds described in section 17 of this chapter.

(e) If the amount of excess assessed value determined by the commission is expected to generate more than two hundred percent (200%) of the amount of allocated tax proceeds:

(1) necessary to make, when due, principal and interest payments on bonds described in section 17 of this chapter, or on bonds described in section 19(a) of this chapter, whichever is applicable; or

(2) necessary to maintain and repair the flood control works in the district, if the fiscal body of the unit has adopted an ordinance providing for the maintenance and repair of the flood control works following the maturity of the bonds under section 20(a) or 20(b) of this chapter;

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

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

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

(2) the base assessed value.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-8-13-2 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-2
Establishment of fire protection; procedure
Status: in_force

Sec. 2. If a majority of the owners of taxable real property residing within and owning real property within that part of a township located outside the corporate boundaries of a municipality petition the township executive and legislative body to provide fire protection in that part of the township, the executive and legislative body shall grant the petition and proceed without delay to provide for fire protection. The executive and legislative body shall determine which of the methods in section 3 of this chapter for providing fire protection in townships will be followed.

[Pre-Local Government Recodification Citation: 17-4-18-2.]

As added by Acts 1981, P.L.309, SEC.65.
Ind. Code § 36-7-15.1-12 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-12
Acquisition of real property by commission; legislative body approval
Status: in_force

Sec. 12. (a) If no appeal is taken, or if an appeal is taken but is unsuccessful, the commission shall proceed with the proposed project, to the extent that money is available for that purpose.

(b) The commission shall first approve and adopt a list of the real property and interests in real property to be acquired, and the price to be offered to the owner of each parcel or interests. The prices to be offered may not exceed the average of two (2) independent appraisals of fair market value procured by the commission, except that appraisals are not required in transactions with other governmental agencies. However, if the real property is less than five (5) acres in size and the fair market value of the real property or interest has been appraised by one (1) independent appraiser at less than ten thousand dollars ($10,000), the second appraisal may be made by a qualified employee of the department. The prices indicated on the list may not be exceeded unless specifically authorized by the commission under section 7 of this chapter or ordered by a court in condemnation proceedings. The commission may except from acquisition any real property in the area if it finds that such an acquisition is not necessary under the redevelopment plan. Appraisals made under this section are for the information of the commission and are not open for public inspection.

(c) Negotiations for the purchase of property may be carried on directly by the commission, by its employees, or by expert negotiators employed for that purpose. The commission shall adopt a standard form of option for use in negotiations, but no option, contract, or understanding relative to the purchase of real property is binding on the commission until approved and accepted by the commission in writing. The commission may authorize the payment of a nominal fee to bind an option, and as a part of the consideration for conveyance may agree to pay the expense incident to the conveyance and determination of the title of the property. Payment for the property purchased shall be made when and as directed by the commission, but only on delivery of proper instruments conveying the title or interest of the owner to "City of __________ for the use and benefit of its Department of Metropolitan Development". Notwithstanding the other provisions of this subsection, any agreement by the commission to make payments for the property purchased over a term exceeding five (5) years is subject to the prior approval of the legislative body of the unit.

(d) Notwithstanding subsections (a) through (c), the commission may, before the time referred to in this section, accept gifts of property needed for the redevelopment of redevelopment project areas. The commission may, before the time referred to in this section, take options on or contract for the acquisition of property needed for the redevelopment of redevelopment project areas if the options and contracts are not binding on the commission or the redevelopment district until the time referred to in this section and until money is available to pay the consideration set out in the options or contracts.

(e) Section 15(a) through 15(h) of this chapter does not apply to exchanges of real property (or interests in real property) in connection with the acquisition of real property (or interests in real property) under this section. In acquiring real property (or interests in real property) under this section the commission may, as an alternative to offering payment of money as specified in subsection (b), offer for the real property (or interest in real property) that the commission desires to acquire:

(1) exchange of real property or interests in real property owned by the redevelopment district;

(2) exchange of real property or interests in real property owned by the redevelopment district, along with the payment of money by the commission; or

(3) exchange of real property or interests in real property owned by the redevelopment district along with the payment of money by the owner of the real property or interests in real property that the commission desires to acquire.

The commission shall have the fair market value of the real property or interests in real property owned by the redevelopment district appraised as specified in section 15(b) of this chapter. The appraisers may not also appraise the value of the real property or interests in real property to be acquired by the redevelopment district. The commission shall establish the nature of the offer to the owner based on the difference between the average of the two (2) appraisals of the fair market value of the real property or interests in real property to be acquired by the commission and the average of the appraisals of fair market value of the real property or interests in real property to be exchanged by the commission.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.358-1983, SEC.3; P.L.222-1986, SEC.1; P.L.193-1988, SEC.3; P.L.14-1991, SEC.17; P.L.185-2005, SEC.32; P.L.149-2014, SEC.35.
Ind. Code § 36-7-41-10 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-10
Commission activities
Status: in_force

Sec. 10. The commission may do the following:

(1) Study various plans and recommendations that are proposed with respect to attracting one (1) or more professional sports franchises to northwest Indiana.

(2) Prepare a comprehensive master plan for building the facilities and other infrastructure necessary for attracting and developing professional sports franchises in northwest Indiana.

(3) Coordinate the implementation of the comprehensive master plan.

(4) Monitor the progress of implementation of the comprehensive master plan.

(5) Report to the governor, the lieutenant governor, the Indiana economic development corporation, the legislative council, and the budget committee on:

(A) the activities of the commission; and

(B) the progress of implementation of the comprehensive master plan.

A report provided under this subdivision to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-7-11.1-3 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-3
Historic preservation commission; appointments; terms; vacancies; salary; officers; procedural rules; quorum; absentee members voting
Status: in_force

Sec. 3. (a) The executive and the legislative body of the consolidated city shall appoint a commission of nine (9) members to be known as the "__________ Historic Preservation Commission" (including the name of the city).

(b) The following apply to the appointment of members:

(1) The executive shall appoint five (5) members of the commission. The executive:

(A) may select two (2) members from lists of names submitted by the Historic Landmarks Foundation of Indiana and the historical society of the consolidated city's county;

(B) may select one (1) member who is a member of the metropolitan development commission; and

(C) may select one (1) member from a list of names submitted by the local chapter of the American Institute of Architects.

(2) The legislative body shall appoint four (4) members of the commission. The legislative body:

(A) shall select one (1) member who is a resident of a historic area of the consolidated city;

(B) may select one (1) member from lists of names submitted by the Historic Landmarks Foundation of Indiana and the historical society of the consolidated city's county; and

(C) may select one (1) member from a list of names submitted by the local chapter of the American Institute of Architects.

(c) Each appointment to the commission is for a term of four (4) years, commencing on January 1 following the appointment, and until a successor is appointed and is qualified. A member is eligible for reappointment.

(d) If a vacancy occurs in the commission during any term, a successor shall be appointed by the appointing authority to serve for the remainder of the vacated term. Any member of the commission may be removed for cause by the appointing authority. All members must be residents of the county.

(e) The members receive no salary, but are entitled to reimbursement for any expenses necessarily incurred in the performance of their duties.

(f) At its first scheduled meeting each year, the commission shall hold a meeting for the purpose of organization. The commission shall elect from its membership a president, vice president, secretary, and treasurer who shall perform the duties pertaining to those offices. The officers serve from the date of their election until their successors are elected and qualified. The commission may adopt bylaws and rules for the proper conduct of its proceedings, the carrying out of its duties, and the safeguarding of its funds and property. A majority of the members of the commission constitute a quorum, and the concurrence of a majority of the commission is necessary to authorize any action.

(g) A member of the commission is not disqualified from hearing and voting upon any matter coming before the commission because that member owns or occupies property within or adjacent to a historic area, unless that property is the subject property or located within two hundred (200) feet of it.

(h) A member of the commission who is absent from three (3) consecutive regular meetings of the commission shall be treated as if the member had resigned, unless the appointing authority reaffirms the member's appointment. However, the counting of such a member toward a quorum requirement or the voting by such a member does not invalidate any official action taken by the commission before the time that the minutes of the commission reflect that the member has resigned.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.88-2009, SEC.11.
Ind. Code § 36-7-14.5-24 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-24
Action contesting validity of bonds
Status: in_force

Sec. 24. Any action to contest the validity of bonds to be issued under this chapter may not be brought after the fifteenth day following:

(1) the receipt of bids for the bonds, if the bonds are sold at public sale; or

(2) the publication one (1) time in a newspaper of general circulation published in the county of notice of the execution and delivery of the contract for the sale of bonds;

whichever occurs first.

As added by P.L.380-1987(ss), SEC.18.
Ind. Code § 36-9-17-1 — Indiana Code / Title 36 / Article 9 / Chapter 17 / Section 36-9-17-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

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

As added by Acts 1981, P.L.309, SEC.90.
Ind. Code § 36-9-11-6 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-6
Powers of works board; payment of expenses; contracts
Status: in_force

Sec. 6. (a) The municipal works board may take all steps and enter into all contracts or agreements necessary or incidental to the performance of its duties and the exercise of its powers under this chapter.

(b) The works board may employ engineers, architects, financial consultants, attorneys, inspectors, superintendents, managers, accountants, and other employees that it considers necessary for the execution of its powers and duties, fix their compensation, and establish their duties. However, the powers of a city works board under this subsection are subject to the statutes relating to the executive departments of cities.

(c) All compensation for services and expenses incurred under this chapter shall be paid solely from money provided under this chapter. The works board may not bind itself or the municipality beyond the extent to which money has been or may be made available to the board under this chapter.

(d) All contracts or agreements with any contractor or contractors for labor, supplies, or equipment shall be let and entered into in accordance with IC 5-22 and IC 36-1-12.

[Pre-Local Government Recodification Citations: 19-5-11-6; 19-5-13-7.]

As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.57, SEC.41; P.L.49-1997, SEC.83.
Ind. Code § 36-10-16-31 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-31
Leasing authority
Status: in_force

Sec. 31. This chapter contains full and complete authority for leases between the commission and an eligible participant. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the commission or the eligible participant or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this chapter.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-9-4-18 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-18
Board of directors; vacancies
Status: in_force

Sec. 18. (a) On the expiration of the term of office of a director of a public transportation corporation, the appointing authority shall appoint a director for a term of four (4) years and until the director's successor is appointed and qualified.

(b) If a director leaves office before the director's term has expired, the appointing authority shall appoint a new director to serve the remainder of the term.

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

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.127-2017, SEC.278.
Ind. Code § 36-8-8-14.1 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-14.1
Members dying in line of duty after August 31, 1982
Status: in_force

Sec. 14.1. (a) Benefits paid under this section are subject to section 2.5 of this chapter.

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

(c) If a fund member dies in the line of duty after August 31, 1982, the member's surviving spouse is entitled to a monthly benefit during the spouse's lifetime, equal to the benefit to which the member would have been entitled on the date of the member's death, but not less than the benefit payable to a member with twenty (20) years service at fifty-two (52) years of age. If the spouse remarried before September 1, 1983, and benefits ceased on the date of remarriage, the benefits for the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse.

(d) If a fund member dies in the line of duty, each of the member's surviving children is entitled to a monthly benefit equal to twenty percent (20%) of the fund member's monthly benefit:

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

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

whichever period is longer. However, if the board finds upon the submission of satisfactory proof that a child who is at least eighteen (18) years of age is mentally or physically incapacitated, is not a ward of the state, and is not receiving a benefit under subdivision (2), the child is entitled to receive an amount each month that is equal to the greater of thirty percent (30%) of the monthly pay of a first class patrolman or first class firefighter or fifty-five percent (55%) of the monthly benefit the deceased member was receiving or was entitled to receive on the date of the member's death as long as the mental or physical incapacity of the child continues. Benefits paid for a child shall be paid to the surviving parent as long as the child resides with and is supported by the surviving parent. If the surviving parent dies, the benefits shall be paid to the legal guardian of the child.

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

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

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

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

(g) For purposes of this section, "dies in the line of duty" means death that occurs as a direct result of personal injury or illness caused by incident, accident, or violence that results from:

(1) any action that the member, in the member's capacity as a police officer:

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

(B) performs in the course of controlling or reducing crime or enforcing the criminal law; or

(2) any action that the member, in the member's capacity as a firefighter:

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

(B) performs while on the scene of an emergency run (including false alarms) or on the way to or from the scene.

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

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

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

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

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

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

As added by P.L.50-1984, SEC.14. Amended by P.L.196-1988, SEC.4; P.L.1-1989, SEC.74; P.L.55-1989, SEC.64; P.L.1-1993, SEC.247; P.L.52-1993, SEC.6; P.L.197-1993, SEC.6; P.L.1-1994, SEC.180; P.L.25-1994, SEC.11; P.L.231-1997, SEC.6; P.L.40-1997, SEC.9; P.L.22-1998, SEC.25; P.L.195-1999, SEC.35; P.L.118-2000, SEC.28; P.L.62-2002, SEC.4; P.L.185-2002, SEC.12; P.L.86-2003, SEC.9; P.L.1-2007, SEC.244; P.L.62-2010, SEC.3; P.L.23-2010, SEC.3.
Ind. Code § 36-12-3-9 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-9
Bonds; issuance; procedure; liability for indebtedness; tax exemption
Status: in_force

Sec. 9. (a) A library board may, by resolution, issue bonds for one (1) or more of the following purposes:

(1) The acquisition or improvement of library sites.

(2) The acquisition, construction, extension, alteration, or improvement of structures and equipment necessary for the proper operation of a library.

(3) To refund outstanding bonds and matured interest coupons and to issue and sell refunding bonds for that purpose.

(b) The library board shall advertise and sell bonds in compliance with IC 5-1-11 at any interest rate. The bonds are payable at the time the board fixes in the authorizing resolution, but all bonds must be payable within a period of not more than twenty (20) years from the date the bonds are issued.

(c) Bonds issued under this section do not constitute a corporate obligation or indebtedness of any other political subdivision. Bonds issued under this section constitute an indebtedness of the library district only. Bonds issued under this chapter, and the interest, are tax exempt. The board shall apply the proceeds from the sale of bonds only:

(1) for the purpose for which the bonds were issued; and

(2) to the extent necessary.

Any remaining balance shall be placed in a sinking fund for the payment of the bonds and the interest on the bonds.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-7.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-2-9.5-8 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-8
Money paid into treasury; account; receipt
Status: in_force

Sec. 8. The county auditor shall keep an accurate account current with the county treasurer. When a receipt given by the treasurer for money paid into the county or city treasury is deposited with the county auditor, the county auditor shall:

(1) file the treasurer's receipt;

(2) charge the treasurer with the amount of the treasurer's receipt; and

(3) issue the county auditor's receipt to the person presenting the treasurer's receipt.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-2-12-2.5 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-2.5
Training
Status: in_force

Sec. 2.5. (a) As used in this section, "training course" refers to:

(1) a training course related to the office of county surveyor that is compiled or developed by the Association of Indiana Counties and approved by the state board of accounts; or

(2) an educational course regarding land surveying that is taken by an individual who is:

(A) serving in the office of county surveyor; and

(B) an actively registered professional surveyor.

(b) An individual elected to the office of county surveyor shall complete at least:

(1) fifteen (15) hours of training courses within one (1) year; and

(2) forty (40) hours of training courses within three (3) years;

after the individual is elected to the office of county surveyor.

(c) An individual first elected to the office of county surveyor shall complete five (5) hours of newly elected official training courses before the individual first takes the office of county surveyor. A training course that an individual completes under this subsection shall be counted toward the requirements under subsection (b).

(d) An individual shall fulfill the training requirement established by subsection (b) for each term the individual serves.

(e) The failure of an individual to complete the training required by this section does not prevent the individual from taking an office to which the individual was elected.

(f) This subsection applies only to an individual appointed to fill a vacancy in the office of county surveyor. An individual described in this subsection may, but is not required to, take any training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected county surveyor, the county shall pay for the training course as if the individual had been an elected county surveyor.

As added by P.L.171-2009, SEC.2. Amended by P.L.57-2013, SEC.90; P.L.279-2013, SEC.7; P.L.257-2019, SEC.109.
Ind. Code § 36-12-10-11 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-11
Authority of lessor corporation to issue stocks, bonds, and other securities; sale procedure
Status: in_force

Sec. 11. (a) A corporation qualifying as a lessor corporation under this chapter may, in furtherance of the corporation's purposes, issue and sell bonds and other securities. Mortgage bonds issued by a lessor corporation that are a first lien on the leased property are legal and proper investments for state banks and trust companies, insurance companies, and fiduciaries. The bonds may be callable, with or without premiums, with accrued and unpaid interest upon notice provided in the mortgage indenture.

(b) All bonds and other securities issued by the lessor corporation must be advertised and sold in accordance with IC 5-1-11 at any interest rate.

(c) The approval of the securities division of the secretary of state is not required in connection with the issuance and sale of bonds or other securities of a municipal corporation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-11.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.56.
Ind. Code § 36-6-6-15 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-15
Temporary loans to meet current expenses; resolution; time warrants
Status: in_force

Sec. 15. (a) If the legislative body finds that an emergency requires the borrowing of money to meet the township's current expenses, it may take out temporary loans in an amount not more than eighty percent (80%) of the total anticipated revenue for the remainder of the year in which the loans are taken out.

(b) The legislative body must authorize the temporary loans by a resolution:

(1) stating the nature of the consideration for the loans;

(2) stating the time the loans are payable;

(3) stating the place the loans are payable;

(4) stating a rate of interest;

(5) stating the anticipated revenues on which the loans are based and out of which they are payable; and

(6) appropriating a sufficient amount of the anticipated revenues on which the loans are based and out of which they are payable for the payment of the loans.

(c) The loans must be evidenced by time warrants of the township stating:

(1) the nature of the consideration;

(2) the time payable;

(3) the place payable; and

(4) the anticipated revenues on which they are based and out of which they are payable.

[Pre-Local Government Recodification Citations: 17-4-31-1; 17-4-31-2.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.146-2008, SEC.716.
Ind. Code § 36-8-19-1.5 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-1.5
Consolidation of fire departments in county containing consolidated city
Status: in_force

Sec. 1.5. (a) If the fire department of a township is consolidated under IC 36-3-1-6.1, after the effective date of the consolidation the township may not establish a fire protection territory under this chapter.

(b) A fire protection territory that is established before the effective date of the consolidation in a township in which the township's fire department is consolidated under IC 36-3-1-6.1 becomes part of the geographic area in which the fire department of a consolidated city provides fire protection services.

As added by P.L.227-2005, SEC.51. Amended by P.L.1-2006, SEC.583.
Ind. Code § 36-8-11-5.1 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-5.1
Multiple county district; establishment of district
Status: in_force

Sec. 5.1. (a) This section applies to a district that consists of a municipality located in two (2) counties.

(b) This section does not apply to a merged district under section 23 of this chapter.

(c) Freeholders within the proposed district who desire the establishment of a fire protection district must initiate proceedings by filing a petition to establish the district with the county auditor of the county where the freeholder's land is located. Sections 6 and 7 of this chapter apply to a petition filed under this section. The number of freeholders who signed a petition shall be certified by the county auditor of the county that is the subject of the petition. If a petition is filed in both counties, the county auditor of the secondary county shall forward the petition to the primary county.

(d) The county auditor of the primary county shall present the petition to the legislative body of the primary county at its next regularly scheduled meeting or at a special meeting called for that purpose. Before or at the meeting, the legislative body shall determine whether the petition bears the necessary signatures and complies with requirements as to form and content. The legislative body may not dismiss a petition with the requisite signatures because of alleged defects without permitting amendments to correct errors in form or content.

(e) In determining whether the signers of a petition are freeholders, the names as they appear on the tax duplicates are prima facie evidence of the ownership of land.

(f) If the legislative body of the primary county determines that the petition conforms to the requirements of this chapter, the primary county or the secondary county, or both, may set a date for a public hearing on whether a fire protection district should, as a matter of public policy, be established in the area proposed in the petition. The district is established when both legislative bodies adopt an identical ordinance or resolution establishing the district.

As added by P.L.36-2000, SEC.5.
Ind. Code § 36-7-26-17 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-17
Hearing
Status: in_force

Sec. 17. At the hearing, which may be adjourned from time to time, the commission shall hear all persons interested in the proceedings and shall consider all written remonstrances that have been filed with the commission.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-5-1-7.1 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-7.1
Exemption from city consent requirements
Status: in_force

Sec. 7.1. The petitioners in a county having a population of more than seventy-nine thousand (79,000) and less than eighty thousand (80,000) are exempt from:

(1) the requirements of section 7(a) of this chapter; and

(2) the requirements of section 7(b) of this chapter if the second or third class city is within a county containing a consolidated city.

As added by Acts 1982, P.L.210, SEC.1. Amended by P.L.12-1992, SEC.162; P.L.170-2002, SEC.145; P.L.119-2012, SEC.191; P.L.147-2013, SEC.4; P.L.104-2022, SEC.163.
Ind. Code § 36-9-28-10 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-10
Completion and acceptance of project; certification; benefits assessed
Status: in_force

Sec. 10. (a) When the municipal works board finally accepts a project under this chapter, it shall certify the completion and acceptance of the project to the court. The court shall then direct the clerk of the court to make out two (2) copies of a list showing:

(1) the owners of the property affected by the project;

(2) a description of each parcel of property affected by the project; and

(3) the benefits and damages assessed upon or in favor of each parcel.

The clerk shall certify the copies under the seal of the court, and shall deliver one (1) copy to the municipal fiscal officer and one (1) copy to the county treasurer.

(b) If the works board finds that the project is necessary for the public welfare of the municipality and that the benefits assessed will fall below the amount required to pay the damages awarded and to pay for the project, the board shall order that any balance required for this purpose shall be paid by the municipality out of the general fund or out of any other available money. If the works board finds that the benefits assessed exceed the amount of financing needed, each assessment shall be reduced on a pro rata basis.

[Pre-Local Government Recodification Citation: 19-4-20-8.]

As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.190.
Ind. Code § 36-2-7-6 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-6
Mileage allowance in addition to other compensation
Status: in_force

Sec. 6. Sums for mileage prescribed by this chapter are in addition to other compensation prescribed by statute, and the persons receiving such sums are not required to pay them into the county general fund.

[Pre-Local Government Recodification Citations: 17-3-70-1 part; 17-3-77-4.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-9-44.7-1 — Indiana Code / Title 36 / Article 9 / Chapter 44.7 / Section 36-9-44.7-1
Maintenance of right-of-way owned by state
Status: in_force

Sec. 1. (a) A county may mow or maintain any grass or vegetation in a right-of-way that is:

(1) owned by the state; and

(2) located in the county;

if the county obtains a permit from the office of the Indiana department of transportation district in which the county is located.

(b) A county may not seek reimbursement from the state for the costs of any mowing or maintenance by the county under subsection (a).

As added by P.L.227-2025, SEC.55.
Ind. Code § 36-9-36-21 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-21
Roadway grading; assessment
Status: in_force

Sec. 21. (a) This section does not apply to a county.

(b) The works board may grade the roadway of a street and assess the cost of the grading against the property specially benefited.

(c) The works board may let the contract under the statutes regulating contractual authority of units. The unit shall levy and collect the assessments for the grading according to this chapter.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-11.1-1 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-1
Application of chapter
Status: in_force

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

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-7-2.5-19 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-19
Applicant may use private provider
Status: in_force

Sec. 19. An applicant may use a private provider to perform a plan review, an inspection, or both, regardless of whether the unit is able to conduct the activity or activities within the time set forth in section 18 of this chapter. The cost of any plan review or inspection performed by a private provider is at the applicant's own expense. The unit may also charge the applicant a convenience fee as provided in section 20 of this chapter.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-7-15.6-10 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-10
Boundaries of a district
Status: in_force

Sec. 10. (a) Only special flood hazard property may be included within the boundaries of a flood control improvement district established under this chapter.

(b) A flood control improvement district may only include those special flood hazard properties that benefit directly from flood control works within the district.

(c) A flood control improvement district may not include any parcel or area of land that is already included in an allocation area under IC 8-22-3.5, IC 36-7-14, IC 36-7-15.1, IC 36-7-30, IC 36-7-30.5, or IC 36-7-32-15.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-7-30.3-1 — Indiana Code / Title 36 / Article 7 / Chapter 30.3 / Section 36-7-30.3-1
Application
Status: in_force

Sec. 1. This chapter applies only to a unit that exercises planning and zoning jurisdiction over land within a proposed military impact zoning district.

As added by P.L.43-2023, SEC.5.
Ind. Code § 36-7-40-3 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-3
"Economic enhancement project"
Status: in_force

Sec. 3. As used in this chapter, "economic enhancement project" means the following:

(1) Providing security for public areas, including installing and maintaining exterior cameras directly linked with the Indianapolis metropolitan police department central control.

(2) Employing safety ambassadors to:

(A) deter panhandling and other nuisance behavior;

(B) assist with directions and information;

(C) facilitate open communications with police to report ongoing issues;

(D) provide safety escort services; and

(E) maintain a network of communication throughout the downtown area by engaging with private and public security companies.

(3) Cleaning and maintaining sidewalks, including picking up litter, removing graffiti, and power washing.

(4) Conducting extensive outreach to unsheltered homeless individuals.

(5) Funding facility operations for a low barrier shelter for homeless individuals.

(6) Designing, landscaping, beautifying, or maintaining public areas.

(7) Supporting business development.

As added by P.L.201-2023, SEC.279. Amended by P.L.169-2024, SEC.1.
Ind. Code § 36-2-13-4 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-4
Meetings of county fiscal body; attendance
Status: in_force

Sec. 4. The sheriff shall attend meetings of the county fiscal body when required under IC 36-2-3-6(c).

[Pre-Local Government Recodification Citation: 17-1-24-9 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-2-11-1 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

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

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-9-25-11.7 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-11.7
Overdue user fees; ordinance to expense as bad debts
Status: in_force

Sec. 11.7. A municipality may, by ordinance, establish a procedure to expense as bad debt overdue user fees, together with any penalties provided under this chapter, if the amount of fees and penalties involved does not exceed two hundred dollars ($200).

As added by P.L.55-1988, SEC.15. Amended by P.L.21-2017, SEC.3.
Ind. Code § 36-10-11-36 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-36
Board of managers; controller and assistant controller; duties
Status: in_force

Sec. 36. (a) The fiscal officer of the lessee governmental entity shall act as controller of the board of managers and is responsible for proper safeguarding and accounting. The controller shall, with the approval of the board of managers, appoint an assistant to act as auditor for the board of managers.

(b) The assistant is the official custodian of all books of account and other financial records of the board of managers and has the other powers and duties that are delegated by the controller and the lesser powers and duties that the board of managers prescribes. The assistant, and any other employee or member of the board of managers authorized to receive, collect, or expend money, shall give bond for the faithful performance and discharge of all duties required of the assistant, employee, or board member in an amount and with surety and other conditions that are prescribed and approved by the board of managers.

(c) The assistant shall keep an accurate account of:

(1) all money due a building and the board of managers; and

(2) all money received, invested, and disbursed;

in accordance with generally recognized governmental accounting principles and procedures. All accounting forms and records shall be prescribed or approved by the state board of accounts. The assistant shall issue all warrants for the payment of money from the funds of the board of managers in accordance with procedures prescribed by the board of managers, but a warrant may not be issued for the payment of any claim until an itemized and verified statement of the claim has been filed with the controller, who may require evidence that all amounts claimed are justly due. All warrants shall be countersigned by the controller or financial officer or by the executive manager. Payroll and similar warrants may be executed with facsimile signatures.

(d) If the board of managers or the lessee governmental entity has entered into any agreement to lease building facilities from the authority, the controller shall pay the lease rental to the authority within a reasonable period before the date on which principal or interest on any bonds outstanding issued under this chapter becomes due. The assistant shall submit to the board of managers at least annually a report of the assistant's accounts exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and receipts were derived and the purpose and manner in which the disbursements were made. The board of managers may require that the report be prepared by a designated, independent certified public accountant. Handling and expenditure of funds is subject to audit and supervision by the state board of accounts.

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.178-2002, SEC.140; P.L.127-2017, SEC.394.
Ind. Code § 36-7.6-4-14 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-14
Bonds; legal investments
Status: in_force

Sec. 14. Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associates, credit unions, savings banks, private banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under Indiana law.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-1-21-5 — Indiana Code / Title 36 / Article 1 / Chapter 21 / Section 36-1-21-5
Contract disclosure requirements
Status: in_force

Sec. 5. (a) A unit may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with:

(1) an individual who is a relative of an elected official; or

(2) a business entity that is wholly or partially owned by a relative of an elected official;

only if the requirements of this section are satisfied and the elected official does not violate IC 35-44.1-1-4.

(b) A unit may enter into a contract or renew a contract with an individual or business entity described in subsection (a) if:

(1) the elected official files with the unit a full disclosure, which must:

(A) be in writing;

(B) describe the contract or purchase to be made by the unit;

(C) describe the relationship that the elected official has to the individual or business entity that contracts or purchases;

(D) be affirmed under penalty of perjury;

(E) be submitted to the legislative body of the unit and be accepted by the legislative body in a public meeting of the unit prior to final action on the contract or purchase; and

(F) be filed, not later than fifteen (15) days after final action on the contract or purchase, with:

(i) the state board of accounts; and

(ii) the clerk of the circuit court in the county where the unit takes final action on the contract or purchase;

(2) the appropriate agency of the unit:

(A) makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or

(B) makes a certified statement of the reasons why the vendor or contractor was selected; and

(3) the unit satisfies any other requirements under IC 5-22 or IC 36-1-12.

(c) An elected official shall also comply with the disclosure provisions of IC 35-44.1-1-4, if applicable.

(d) This section does not affect the initial term of a contract in existence at the time the term of office of the elected official of the unit begins.

As added by P.L.135-2012, SEC.8. Amended by P.L.13-2013, SEC.150.
Ind. Code § 36-7-9-12 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-12
Liability for cost of emergency action taken or performance of work required by orders
Status: in_force

Sec. 12. (a) When action required by an order is performed by the enforcement authority or by a contractor acting under section 9 or 11 of this chapter, each person who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises from the time when the order requiring the work performed was issued to the time that the work was completed, or, if emergency action was taken under section 9 of this chapter, during the time of such emergency action, is jointly and severally responsible for the following costs:

(1) The:

(A) actual cost of the emergency action taken, as affirmed by the hearing authority; or

(B) actual cost of the work performed by the enforcement authority or the bid price of work accomplished by the contractor under section 11 of this chapter.

(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the enforcement authority in taking the technical, administrative, and legal actions concerning typical unsafe premises that are necessary under this chapter so that the action required by an order may be performed by a contractor under section 9 or 11 of this chapter. In calculating the amount of the average processing expense, the following costs may be considered:

(A) The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises.

(B) The cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the enforcement authority intends to accomplish the work, and notice that a hearing may be held on the amounts indicated in the record, in accordance with section 25 of this chapter.

(C) Salaries for employees.

(D) The cost of supplies, equipment, and office space.

(b) The board or commission having control over the department shall determine the amount of the average processing expense at the public hearing, after notice has been given in the same manner as is required for other official action of the board or commission. In determining the average processing expense, the board or commission may fix the amount at a full dollar amount that is an even multiple of ten (10).

[Pre-Local Government Recodification Citation: 18-5-5.5-15 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.11; P.L.68-2010, SEC.4; P.L.247-2015, SEC.46.
Ind. Code § 36-9-36-65 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-65
Special assessments to pay improvement costs; issuance of anticipatory certificates
Status: in_force

Sec. 65. (a) This section applies only to municipalities.

(b) In addition to issuing bonds and certificates of indebtedness under section 62 of this chapter, a unit may pay the unit's part of the cost of an improvement from a fund raised by special assessments against all of the lands and lots in the unit. The unit comprises a special assessment district for that purpose.

(c) The following apply to special assessments under this section:

(1) The special assessments shall be levied in proportion to the value of the land or lots, excluding the value of improvements on the land or lots, as the land or lots are assessed for general taxation.

(2) The special assessments shall be levied annually at the time of the levy of general taxes. The levy must be for the amount necessary to pay the cost, with interest, of all work done during the year for which the special assessments are levied.

(3) The special assessments are payable at the time of payment of general taxes.

(d) The fund raised under this section is a specific fund to be held and used only for the purpose prescribed by this section.

(e) In anticipation of the collection of the special assessments, certificates in denominations not exceeding five hundred dollars ($500) shall be issued under a resolution adopted by the works board in the name of the unit. The fiscal officer shall sell the certificates or deliver the certificates to the contractor, as directed by the works board.

(f) The certificates entitle the holder to the amounts named in the certificates when a fund for redemption of the certificates has been collected. The certificates are negotiable instruments. One-half (1/2) of the certificates are payable on June 30 of the year after the special assessments for payment of the certificates have been made, and the remaining one-half (1/2) are payable on December 31 of that year. The certificates must be dated as of the date of the final acceptance of the improvement and may bear interest at any rate.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-3-7-3 — Indiana Code / Title 36 / Article 3 / Chapter 7 / Section 36-3-7-3
Basis for determining right to receive distribution of money; population of consolidated city
Status: in_force

Sec. 3. (a) For purposes of determining the right of the consolidated city to receive a distribution of money described by section 2 of this chapter based on population, the population of the fire special service district is considered the population of the consolidated city.

(b) Notwithstanding subsection (a), for purposes of determining the right of the consolidated city to receive a distribution of money under IC 7.1-4 based on population, the population of all the territory of the consolidated city is considered its population.

(c) Notwithstanding subsection (a), for purposes of determining the right of the consolidated city to receive a distribution of money described by section 2(2) of this chapter based on population, the population of all the territory of the consolidated city is considered its population.

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

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.179-2023, SEC.3.
Ind. Code § 36-7-4-921 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-921
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-7-2-70 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.51; P.L.357-1983, SEC.18; P.L.320-1995, SEC.13. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-3-2-1 — Indiana Code / Title 36 / Article 3 / Chapter 2 / Section 36-3-2-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to political subdivisions in a county having a consolidated city.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-7-4-1508 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1508
Use of other authorized requirements
Status: in_force

Sec. 1508. Development requirements specified in a PUD district ordinance may:

(1) use requirements, restrictions, provisions, and standards authorized under section 601(d)(2) of this chapter; and

(2) specify development requirements authorized under section 1403 of this chapter.

As added by P.L.320-1995, SEC.38.
Ind. Code § 36-9-27-1 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties. However, sections 6, 7, 9, 10, 30, 31, and 32 of this chapter do not apply to a county having a consolidated city.

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

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-18-41 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-41
Jurisdiction of authorities; shared jurisdiction
Status: in_force

Sec. 41. (a) This subsection applies to a municipality located in a county that does not have a county housing authority. A municipal housing authority has jurisdiction to exercise the powers granted by this chapter in the municipality and in the area within five (5) miles of the corporate boundaries of the municipality. However, the authority may not exercise its powers within the corporate boundaries of another municipality without the consent, by resolution, of the fiscal body of that municipality.

(b) Except as provided in subsection (c), a county housing authority has jurisdiction to exercise the powers granted by this chapter in all unincorporated areas of the county outside the jurisdiction of municipal housing authorities. However, the jurisdiction of a county housing authority may be expanded to include all or part of the jurisdiction of a municipal housing authority within the corporate boundaries of the municipality if the fiscal bodies of the county and of the municipality each adopt a resolution declaring a need for the county housing authority to exercise its powers within the jurisdiction of the municipal housing authority. Such a resolution may be adopted only after a public hearing, with notice of the time, place, and purpose of the hearing given by the fiscal body by publication in accordance with IC 5-3-1.

(c) A municipal housing authority and a county housing authority share jurisdiction to exercise the powers granted by this chapter in the area that is:

(1) within the county; and

(2) located within five (5) miles outside the corporate boundaries of the municipality.

(d) Notwithstanding subsections (a), (b), and (c), the housing authority of a consolidated city has jurisdiction to exercise the powers granted by this chapter only in the area that was subject to its jurisdiction on December 31, 1969.

[Pre-Local Government Recodification Citations: 18-4-8-5 part; 18-7-11-3(g); 18-7-11-5.5.]

As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981, P.L.45, SEC.34; P.L.52-2003, SEC.1.
Ind. Code § 36-10-3-34 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-34
Extension of service to unincorporated area; public hearing; notice; approval or rejection; joint board
Status: in_force

Sec. 34. (a) The board shall fix a date for a public hearing on each petition filed under section 33 of this chapter. The board shall publish in accordance with IC 5-3-1 a notice of the time, place, and purpose of the hearing. The cost of the notice shall be paid by the petitioners.

(b) After the public hearing has been held, the board may by resolution approve the petition and recommend an ordinance accomplishing its objectives to the municipal fiscal body. The secretary or a member of the board shall present the petition and ordinance to the fiscal body at its first meeting after approval of the petition. However, if the board rejects the petition, it may not be presented to the fiscal body.

(c) If the board involved is a joint board, the petition must also be approved by the members from the municipality involved, and then the petition and ordinance shall be presented to the fiscal body of the municipality involved.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-53; subsection (b) formerly 19-7-4-54; subsection (c) formerly 19-7-4-68.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.45, SEC.95.
Ind. Code § 36-10-16-2 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the commission board appointed under section 18 of this chapter.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-4-8-5 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-5
Claims against city; allowance; violation
Status: in_force

Sec. 5. (a) Except as provided in section 14 of this chapter, a city board or legislative body may allow a claim:

(1) only at a meeting of the board or legislative body; and

(2) only if the claim was filed in the manner prescribed by IC 5-11-10-2 at least five (5) days before the meeting.

(b) A city officer who violates this section forfeits the city officer's office.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.32-1992, SEC.2; P.L.127-2017, SEC.133.
Ind. Code § 36-8-16.7-8 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-8
"Customer"
Status: in_force

Sec. 8. (a) As used in this chapter, except as provided in subsection (b), "customer" means:

(1) the person or entity that contracts with a provider for communications service; or

(2) if the end user of communications service is not the contracting party, the end user of the communications service.

However, subdivision (2) applies only for the purpose of determining the place of primary use.

(b) The term does not include:

(1) a reseller of communications service; or

(2) a provider other than the customer's provider that has an arrangement with the customer's provider to serve the customer outside the licensed service area of the customer's provider.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-10-7.5-19 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-19
Township park and recreation cumulative building fund
Status: in_force

Sec. 19. (a) The fiscal body may establish a cumulative building fund under IC 6-1.1-41 to provide money for:

(1) building, remodeling, and repair of park and recreation facilities; or

(2) purchase of land for park and recreation purposes.

(b) To provide for the cumulative building fund, the township fiscal body may levy a tax in compliance with IC 6-1.1-41 not greater than one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed valuation of taxable property within the township.

(c) The tax shall be collected and held in a special fund known as the township park and recreation cumulative building fund.

As added by P.L.157-1991, SEC.15. Amended by P.L.17-1995, SEC.44; P.L.6-1997, SEC.237.
Ind. Code § 36-7-4-907 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-907
Board of zoning appeals; members; vacancies
Status: repealed

Sec. 907. (a) If a vacancy occurs among the members of the board of zoning appeals, the appointing authority shall appoint a member for the unexpired term of the vacating member. In addition, the appointing authority may appoint an alternate member to participate with the board in any hearing or decision if the regular member it has appointed has a disqualification under section 909 of this chapter, or is otherwise unavailable to participate in the hearing or decision. An alternate member shall have all of the powers and duties of a regular member while participating in the hearing or decision.

(b) A member of the board of zoning appeals who misses three (3) consecutive regular meetings of the board may be treated as if the member had resigned, at the discretion of the appointing authority.

(c) Members serving in any division of the board of zoning appeals may also serve as alternate members for the other divisions of the board of zoning appeals. Whenever regular and alternate members serving in a particular division are unavailable, the chairperson or vice chairperson of the affected division may select members from other divisions in order to assemble up to five (5) members to participate in any hearing or decision.

(d) METRO. If there is an absence, the board of zoning appeals must satisfy to the extent possible the township standard specified by law.

[Pre-Local Government Recodification Citations: 18-7-2-60 part; 18-7-2-62; 18-7-4-907; 18-7-4-70; 18-7-5-74.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.43; P.L.357-1983, SEC.5; P.L.345-1987, SEC.3; P.L.226-1997, SEC.3; P.L.126-2011, SEC.28; P.L.161-2021, SEC.7.
Ind. Code § 36-7-14-25.1 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-25.1
Issuance of bonds; procedure; tax exemption; limitations; indebtedness of taxing district; legislative body approval
Status: in_force

Sec. 25.1. (a) In addition to other methods of raising money for property acquisition or redevelopment in a redevelopment project area, and in anticipation of the special tax to be levied under section 27 of this chapter, the taxes allocated under section 39 of this chapter, or other revenues of the district, or any combination of these sources, the redevelopment commission may, by bond resolution and subject to subsections (c) and (p), issue the bonds of the special taxing district in the name of the unit. The amount of the bonds may not exceed the total, as estimated by the commission, of all expenses reasonably incurred in connection with the acquisition and redevelopment of the property, including:

(1) the total cost of all land, rights-of-way, and other property to be acquired and redeveloped;

(2) all reasonable and necessary architectural, engineering, legal, financing, accounting, advertising, bond discount, and supervisory expenses related to the acquisition and redevelopment of the property or the issuance of bonds;

(3) capitalized interest permitted by this chapter and a debt service reserve for the bonds to the extent the redevelopment commission determines that a reserve is reasonably required; and

(4) expenses that the redevelopment commission is required or permitted to pay under IC 8-23-17.

(b) If the redevelopment commission plans to acquire different parcels of land or let different contracts for redevelopment work at approximately the same time, whether under one (1) or more resolutions, the commission may provide for the total cost in one (1) issue of bonds.

(c) The legislative body of the unit must adopt a resolution that specifies the public purpose of the bond, the use of the bond proceeds, the maximum principal amount of the bond, the term of the bond, and the maximum interest rate or rates of the bond, any provision for redemption before maturity, and any provision for the payment of capitalized interest. The bonds must be dated as set forth in the bond resolution and negotiable, subject to the requirements of the bond resolution for registering the bonds. The resolution authorizing the bonds must state:

(1) the denominations of the bonds;

(2) the place or places at which the bonds are payable; and

(3) the term of the bonds, which may not exceed:

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

(B) thirty (30) years, for bonds issued after June 30, 2008, to finance:

(i) an integrated coal gasification powerplant (as defined in IC 6-3.1-29-6);

(ii) a part of an integrated coal gasification powerplant (as defined in IC 6-3.1-29-6); or

(iii) property used in the operation or maintenance of an integrated coal gasification powerplant (as defined in IC 6-3.1-29-6);

that received a certificate of public convenience and necessity from the Indiana utility regulatory commission under IC 8-1-8.5 et seq. before July 1, 2008;

(C) thirty-five (35) years, for bonds issued 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:

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

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

(D) twenty-five (25) years, for bonds issued after June 30, 2008, that are not described in clause (B) or (C).

The bond resolution may also state that the bonds are redeemable before maturity with or without a premium, as determined by the redevelopment commission.

(d) The redevelopment commission shall certify a copy of the resolution authorizing the bonds to the municipal or county fiscal officer, who shall then prepare the bonds, subject to subsections (c) and (p). The seal of the unit must be impressed on the bonds, or a facsimile of the seal must be printed on the bonds.

(e) The bonds must be executed by the appropriate officer of the unit and attested by the municipal or county fiscal officer.

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

(g) The municipal or county fiscal officer shall give notice of the sale of the bonds by publication in accordance with IC 5-3-1. The municipal fiscal officer, or county fiscal officer or executive, shall sell the bonds to the highest bidder, but may not sell them for less than ninety-seven percent (97%) of their par value. However, bonds payable solely or in part from tax proceeds allocated under section 39(b)(4) of this chapter, or other revenues of the district may be sold at a private negotiated sale.

(h) Except as provided in subsection (i), a redevelopment commission may not issue the bonds when the total issue, including bonds already issued and to be issued, exceeds two percent (2%) of the adjusted value of the taxable property in the special taxing district, as determined under IC 36-1-15.

(i) 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 redevelopment commission:

(1) from a special tax levied upon all of the property in the taxing district, as provided by section 27 of this chapter;

(2) from the tax proceeds allocated under section 39(b)(4) of this chapter;

(3) from other revenues available to the redevelopment commission; or

(4) from a combination of the methods stated in subdivisions (1) through (3).

If the bonds are payable solely from the tax proceeds allocated under section 39(b)(4) of this chapter, other revenues of the redevelopment commission, or any combination of these sources, they may be issued in any amount not to exceed the maximum amount approved by the legislative body in the resolution described in subsection (c).

(j) 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.

(k) All laws relating to the giving of notice of the issuance of bonds, the giving of notice of a hearing on the appropriation of the proceeds of the bonds, the right of taxpayers to appear and be heard on the proposed appropriation, and the approval of the appropriation by the department of local government finance apply to all bonds issued under this chapter that are payable from the special benefits tax levied pursuant to section 27 of this chapter or from taxes allocated under section 39 of this chapter.

(l) All laws relating to:

(1) the filing of petitions requesting the issuance of bonds; and

(2) the right of:

(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or

(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a);

apply to bonds issued under this chapter except for bonds payable solely from tax proceeds allocated under section 39(b)(4) of this chapter, other revenues of the redevelopment commission, or any combination of these sources.

(m) 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.

(n) Any amount remaining in the debt service reserve after all of the bonds of the issue for which the debt service reserve was established have matured shall be:

(1) deposited in the allocation fund established under section 39(b)(4) of this chapter; and

(2) to the extent permitted by law, transferred to the county or municipality that established the department of redevelopment for use in reducing the county's or municipality's property tax levies for debt service.

(o) If bonds are issued under this chapter that are payable solely or in part from revenues to the redevelopment commission from a project or projects, the redevelopment commission 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, but may not convey or mortgage any project or parts of a project. 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 redevelopment commission. The redevelopment commission 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 redevelopment commission that are payable solely from revenues of the commission shall contain a statement to that effect in the form of bond.

(p) If the total principal amount of bonds authorized by a resolution of the redevelopment commission adopted before July 1, 2008, is equal to or greater than three million dollars ($3,000,000), the bonds may not be issued without the approval, by resolution, of the legislative body of the unit. Bonds authorized in any principal amount by a resolution of the redevelopment commission adopted after June 30, 2008, may not be issued without the approval of the legislative body of the unit.

As added by Acts 1982, P.L.6, SEC.24. Amended by P.L.72-1983, SEC.2; P.L.380-1987(ss), SEC.10; P.L.5-1988, SEC.215; P.L.114-1989, SEC.7; P.L.18-1990, SEC.292; P.L.6-1997, SEC.209; P.L.90-2002, SEC.473; P.L.224-2003, SEC.269; P.L.185-2005, SEC.17; P.L.219-2007, SEC.125; P.L.146-2008, SEC.732; P.L.203-2011, SEC.6; P.L.149-2014, SEC.13; P.L.257-2019, SEC.117; P.L.236-2023, SEC.176.
Ind. Code § 36-8-8.3-6 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-6
Confidential evaluation by review panel
Status: in_force

Sec. 6. (a) At the conclusion of the initial two (2) year provisional period described in section 5 of this chapter, a mental health disability review panel, as described in section 4 of this chapter, shall conduct a confidential evaluation of the fund member.

(b) The review panel:

(1) shall examine reports and records submitted by the fund member's treating physician, and any other mental health care provider seen by the fund member; and

(2) may consult with other medical authorities;

in conducting its confidential evaluation.

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-9-42.2-11 — Indiana Code / Title 36 / Article 9 / Chapter 42.2 / Section 36-9-42.2-11
Adoption of rules or guidelines
Status: in_force

Sec. 11. The department may adopt rules under IC 4-22-2 or guidelines, or both, to implement this chapter.

As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.104.
Ind. Code § 36-9-25-18 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-18
Findings; preparation of general plans in connection with project; declaratory resolutions; adoption; remonstrance; hearings and appeals
Status: in_force

Sec. 18. (a) If upon investigation it is found by the board of a municipality located on or near a watercourse that:

(1) the watercourse is being polluted by the discharge of sewage, drainage, or other harmful matter from the sewage or drainage systems of the municipality;

(2) a system of sewage disposal is necessary for the public health and welfare; and

(3) the construction of a system for the disposal of the sewage and drainage of the territory will be of public utility and benefit;

the board shall have prepared general plans for the entire project, including a plat showing the general scope of it and the location and bounds of all real property then considered necessary to be acquired or removed, or that would be injuriously affected, in connection with the project. It shall also have prepared separate descriptions of all real property and of all personal property affected, and shall determine the estimated cost of all the work, including the estimated damages to be awarded to the owners of the real and personal property. The adoption or filing of any specifications covering all or parts of the project and details of other matters is optional with the board, and it may also receive and file alternate plans and specifications, submitted by any person for all or any part of the project. The board may, at the final hearing, adopt all or any of these materials in place of the board's plans and specifications.

(b) When general plans under subsection (a) have been prepared by the board, it shall adopt a resolution declaring that, upon investigation, it has been found:

(1) that the watercourse particularly described in the resolution is being polluted by the discharge of sewage, drainage, or other harmful matter accumulating within the boundaries of the district; and

(2) that it is necessary for the public health and welfare and will be of public utility and benefit to construct and maintain sewage works to prevent the pollution of the watercourse, and, for that purpose, to appropriate the property described.

The board shall adopt all general plans and estimates in the resolution, which must be open to inspection by all persons interested in or affected by the appropriation of property or the construction of the work.

(c) Upon the adoption of the resolution, the board shall, in accordance with IC 5-3-1, publish notice of:

(1) the adoption; and

(2) the fact that general plans and estimates have been prepared and can be inspected.

The notice must name a date on which the board will receive or hear remonstrances from persons interested in or affected by the proceedings and when it will determine the public utility and benefit of the project. A similar notice shall be mailed to each owner of land to be appropriated under the resolution. If a nonresident owner's residence is unknown to the board, then the nonresident owner is considered to have been notified of the pendency of the proceedings by the publication of notice. All persons affected in any manner by the proceeding, including all taxpayers in the district, are considered to be notified of the pendency of the proceedings and of all subsequent acts, hearings, adjournments, and orders of the board by the original notice by publication.

(d) In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is a sufficient description of the property purchased, to be purchased, or to be appropriated or damaged to give a description of the entire tract by metes and bounds whether the property is composed of one (1) or more lots or parcels and whether it is owned by one (1) or more persons. If the land or a part of it is to be acquired by purchase, the resolution must also state the maximum proposed cost.

(e) The board may, at any time before the adoption of the resolution, obtain from the owner or owners of the land an option for its purchase or may enter into a contract for its purchase upon terms and conditions that the board considers best. The option or contract is subject to the final action of the board confirming, modifying, or rescinding the resolution and to the condition that the land may be paid for only out of the special fund resulting from the sale of sanitary district bonds as provided in this chapter.

(f) The title to any land, rights-of-way, or other property acquired under the resolution, whether by purchase or by appropriation, does not vest in the municipality until it is paid for out of the special fund created by the sale of bonds. Neither an indebtedness nor an obligation of any kind is incurred by the municipality in its corporate capacity because of the acquisition of land, rights-of-way, or other property. All land, rights-of-way, or other property acquired shall be held by the municipality in trust for sanitary purposes for the use and benefit of the district and for the general public.

(g) At or before the time fixed for the hearing, an owner of land, rights-of-way, or other property to be appropriated under the resolution or injuriously affected, including any person owning real or personal property located within the boundaries of the district, may file a written remonstrance with the board. At the hearing, which may be adjourned from time to time, the board shall hear all persons interested in the proceedings and all remonstrances that have been filed. After considering them, the board shall take final action determining the public utility and benefit of the proposed proceedings and confirm, modify and confirm, or rescind the resolution. The final action shall be recorded, and is final and conclusive upon all persons. However, a person who has remonstrated in writing as provided in this subsection and who is aggrieved by the decision of the board, may, within ten (10) days, take an appeal to the superior court of the county in which the district is located.

(h) The remonstrator shall file in the office of the clerk of the court a copy of the order of the board and the remonstrator's remonstrance, together with the remonstrator's bond conditioned to pay the costs of the appeal if the appeal is determined against the remonstrator. The only ground of remonstrance that the court has jurisdiction to hear on appeal is whether it will be of public utility and benefit to establish and construct the proposed sewage works described in the resolution. The burden of proof is on the remonstrator. The cause shall be summarily tried by the court without a jury as other civil cases are tried. All of the judges of the court shall sit in the trial. All remonstrances upon which an appeal is taken shall be consolidated and heard as one (1) cause of action by the court. The cause shall be heard and determined by the court within thirty (30) days after the time of the filing of the appeal. Upon the date fixed for hearing, the court shall hear evidence upon the remonstrances and shall either confirm the final action of the board or sustain the remonstrance. The judgment of the court is final and conclusive upon all persons, and an appeal may not be taken from the judgment of the court.

[Pre-Local Government Recodification Citations: subsections (a), (b), (c), (d), (e), (f), (g) formerly 19-2-20-7; subsection (h) formerly 19-2-14-10.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.68; P.L.38-1984, SEC.4; P.L.17-1985, SEC.26; P.L.127-2017, SEC.321.
Ind. Code § 36-7-15.3-6 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-6
"Local public improvement" defined
Status: in_force

Sec. 6. As used in this chapter, "local public improvement" means any redevelopment project or purpose of a commission or a unit under IC 36-7-15.1 or IC 36-7-30.

As added by P.L.84-1987, SEC.14. Amended by P.L.2-1989, SEC.42; P.L.26-1995, SEC.10.
Ind. Code § 36-7-4-202 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-202
Establishment; authorization
Status: in_force

Sec. 202. (a) ADVISORY. The legislative body of a county or municipality may establish by ordinance an advisory plan commission. In addition, in a county having a population of:

(1) more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000); or

(2) more than one hundred ten thousand (110,000) and less than one hundred twelve thousand (112,000);

the legislative bodies of that county and of the city having the largest population in that county may establish by identical ordinances a metropolitan plan commission as a department of county government. These ordinances must specify the legal name of the commission for purposes of section 404(a) of this chapter.

(b) AREA. There may be established in each county an area planning department in the county government, having:

(1) an area plan commission;

(2) an area board of zoning appeals;

(3) an executive director; and

(4) such staff as the area plan commission considers necessary.

Each municipality and each county desiring to participate in the establishment of a planning department may adopt an ordinance adopting the area planning law, fix a date for the establishment of the planning department, and provide for the appointment of its representatives to the commission. When a municipality or a county adopts such an ordinance, it shall certify a copy of the ordinance to each legislative body within the county. When a county and at least one (1) municipality within the county each adopt an ordinance adopting the area planning law and fix a date for the establishment of the department, the legislative body of the county shall establish the planning department.

(c) METRO. A metropolitan development commission is established in the department of metropolitan development of the consolidated city. The legislative body of the consolidated city may adopt ordinances to regulate the following:

(1) The time that the commission holds its meetings.

(2) The voting procedures of the commission.

[Pre-Local Government Recodification Citations: 18-4-8-8 part; 18-7-2-4 part; 18-7-3-1 part; 18-7-3-2 part; 18-7-4-202; 18-7-4-3; 18-7-4-4; 18-7-4-5; 18-7-4-6 part; 18-7-5-1 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.12-1992, SEC.163; P.L.164-1995, SEC.15; P.L.170-2002, SEC.152; P.L.119-2012, SEC.193; P.L.104-2022, SEC.175.
Ind. Code § 36-7-13-10.7 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-10.7
Calculation of net increment for preceding fiscal year; funds and accounts; limitation on amounts received by city
Status: in_force

Sec. 10.7. (a) This section applies to a district designated under section 10.5 of this chapter and approved by the budget agency before January 1, 2002, in a city having a population of more than twenty-eight thousand (28,000) and less than twenty-nine thousand (29,000).

(b) An area is added to and becomes part of a district described in subsection (a) if the area consists of property that:

(1) is located in a city having a population of more than twenty-eight thousand (28,000) and less than twenty-nine thousand (29,000); and

(2) experienced a loss of at least three hundred (300) jobs during the calendar year ending December 31, 2001.

(c) After the addition of property to a district described in subsection (a) under this section, the gross retail base period amount determined under section 2.4 of this chapter for the district before the addition of the property to the district under this section shall be increased by an amount equal to:

(1) the aggregate amount of state gross retail and use taxes remitted:

(A) under IC 6-2.5 by the businesses operating in the area added to the district under subsection (b); and

(B) during the period beginning after December 31, 2001, and ending before February 1, 2002; multiplied by

(2) twelve (12).

(d) After the addition of property to a district described in subsection (a) under this section, the income tax base period amount determined under section 3.2 of this chapter for the district before the addition of the property to the district under this section shall be increased by an amount equal to:

(1) the aggregate amount of state and local income taxes paid:

(A) by employees employed in the area added to the district under subsection (b) with respect to wages and salary earned for work in the area added; and

(B) during the period beginning after December 31, 2001, and ending before February 1, 2002; multiplied by

(2) twelve (12).

(e) The addition of property to a district under this section does not require adoption of an ordinance, review by the budget committee, or approval of the budget agency under section 10.5 of this chapter.

As added by P.L.178-2002, SEC.119. Amended by P.L.119-2012, SEC.204; P.L.104-2022, SEC.185.
Ind. Code § 36-9-6.5-10 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-10
Bonds; limitations; terms
Status: in_force

Sec. 10. (a) When the total issue of bonds under section 9 of this chapter for purposes of the district, including bonds already issued or to be issued, exceeds four percent (4%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15, additional bonds may not be issued. All bonds or obligations issued in violation of this subsection are void.

(b) Bonds issued under section 9 of this chapter are not, in any respect, corporate obligations or indebtedness of the consolidated city but constitute an indebtedness of the metropolitan thoroughfare district, and the bonds and interest on them are payable only out of revenues of the district. The bonds must recite these terms upon their face.

As added by Acts 1982, P.L.77, SEC.12. Amended by P.L.6-1997, SEC.218.
Ind. Code § 36-8-8-0.1 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-0.1
Application of certain amendments to chapter
Status: in_force

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

(1) The addition of section 20 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.

(2) The amendments made to section 10 of this chapter by P.L.232-1997 apply only to members of the 1977 fund who initially:

(A) become fifty-five (55) years of age; or

(B) retire;

after June 30, 1997.

(3) The amendments made to section 16 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1977 police officers' and firefighters' pension and disability fund who dies after June 30, 2008.

(4) The amendments made to sections 12 and 13.5 of this chapter by P.L.32-2009 and by P.L.34-2009 apply to a member of the 1977 police officers' and firefighters' pension and disability fund who:

(A) after June 30, 2009, receives a benefit based on a determination that the member has a Class 1 or Class 2 impairment, regardless of whether the determination was made before, on, or after June 30, 2009; and

(B) before July 1, 2009, has not had the member's disability benefit recalculated under section 13.5 of this chapter (as the section read before amendment by P.L.32-2009 and by P.L.34-2009).

As added by P.L.220-2011, SEC.671.
Ind. Code § 36-5-6-5 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-5
Oaths, depositions, and acknowledgments
Status: in_force

Sec. 5. The clerk-treasurer may administer oaths, take depositions, and take acknowledgments of instruments required by statute to be acknowledged.

[Pre-Local Government Recodification Citation: 18-3-1-31 part.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-2-15-5 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-5
Duties; transfer of duties
Status: in_force

Sec. 5. (a) The county assessor shall perform the functions assigned by statute to the county assessor, including the following:

(1) Countywide equalization.

(2) Selection and maintenance of a countywide computer system.

(3) Certification of gross assessments to the county auditor.

(4) Discovery of omitted property.

(5) In:

(A) a township in which the transfer of duties of the elected township assessor is required by subsection (c); or

(B) a township in which the duties relating to the assessment of tangible property are not required to be performed by a township assessor elected under IC 36-6-5;

performance of the assessment duties prescribed by IC 6-1.1.

(b) A transfer of duties between assessors does not affect:

(1) any assessment, assessment appeal, or other official action made by an assessor before the transfer; or

(2) any pending action against, or the rights of any party that may possess a legal claim against, an assessor that is not described in subdivision (1).

Any assessment, assessment appeal, or other official action of an assessor made by the assessor within the scope of the assessor's official duties before the transfer is considered as having been made by the assessor to whom the duties are transferred.

(c) If the individual elected to the office of township assessor has not attained the assessor-appraiser certification level required by IC 36-6-5-1 before the date the term of office begins, the assessment duties prescribed by IC 6-1.1 that would otherwise be performed in the township by the township assessor are transferred to the county assessor on that date. If assessment duties in a township are transferred to the county assessor under this subsection, those assessment duties are transferred back to the township assessor if at a later election an individual who has attained the assessor-appraiser certification level required by IC 36-6-5-1 is elected to the office of township assessor.

[Pre-Local Government Recodification Citation: 17-3-69.5-4.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.6-1997, SEC.206; P.L.90-2002, SEC.469; P.L.219-2007, SEC.108; P.L.3-2008, SEC.261; P.L.146-2008, SEC.693; P.L.76-2014, SEC.65; P.L.167-2015, SEC.7.
Ind. Code § 36-7-4-501 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-501
Comprehensive plan; requirement; approval; purpose
Status: in_force

Sec. 501. A comprehensive plan shall be approved by resolution in accordance with the 500 series for the promotion of public health, safety, morals, convenience, order, or the general welfare and for the sake of efficiency and economy in the process of development. The plan commission shall prepare the comprehensive plan.

[Pre-Local Government Recodification Citations: 18-7-2-31; 18-7-4-501; 18-7-4-36; 18-7-5-32.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.26; P.L.335-1985, SEC.3.
Ind. Code § 36-9-4-49 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-49
Insufficient funds; special tax levy
Status: in_force

Sec. 49. (a) For each year in which it is anticipated that the total amount available to a public transportation corporation will be insufficient to defray the expenses incurred by the corporation, the board of directors of the corporation shall levy a special tax upon all the property within the taxing district of the corporation at the rate required to defray such expenses. The tax must be based upon the budget formulated and filed by the board under this chapter.

(b) The county treasurer shall collect the tax levied under this section in the same manner as other taxes are collected. As the treasurer collects the tax, the county treasurer shall remit it to the controller of the public transportation corporation.

[Pre-Local Government Recodification Citation: 19-5-2-29.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.127-2017, SEC.286.
Ind. Code § 36-9-16-2 — Indiana Code / Title 36 / Article 9 / Chapter 16 / Section 36-9-16-2
Authorization of funds; purposes
Status: in_force

Sec. 2. (a) A unit may establish a cumulative building or sinking fund or cumulative capital improvement funds to provide money for one (1) or more of the following purposes:

(1) To purchase, construct, equip, and maintain buildings for public purposes.

(2) To acquire the land, and any improvements on it, that are necessary for the construction of public buildings.

(3) To demolish any improvements on land acquired under this section, and to level, grade, and prepare the land for the construction of a public building.

(4) To acquire land or rights-of-way to be used as a public way or other means of ingress or egress to land acquired for the construction of a public building.

(5) To improve or construct any public way or other means of ingress or egress to land acquired for the construction of a public building.

(b) In addition to the purposes described in subsection (a), a cumulative capital improvement fund may be used to purchase body armor (as defined in IC 35-47-5-13(a)) for active members of a police department under:

(1) IC 36-5-7-7;

(2) IC 36-8-4-4.5;

(3) IC 36-8-9-9; and

(4) IC 36-8-10-4.5.

(c) A municipality may establish a cumulative capital improvement fund for a purpose described in IC 6-7-1-31.1.

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

As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988, SEC.5; P.L.8-2009, SEC.3; P.L.113-2010, SEC.152; P.L.34-2010, SEC.9; P.L.42-2011, SEC.85.
Ind. Code § 36-7-26-27 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-27
Repeal or amendment of chapter; adverse effect on bond owners
Status: repealed

Sec. 27. The general assembly covenants that this chapter will not be repealed or amended in a manner that will adversely affect the owner of bonds issued under this chapter.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-7-2.5-29 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-29
Private provider may not issue permit
Status: in_force

Sec. 29. Nothing in this chapter authorizes a private provider to issue a building permit, improvement permit, certificate of occupancy, or any other permit or approval.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-2-14-22.3 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-22.3
Training courses for coroners and deputy coroners
Status: in_force

Sec. 22.3. (a) The coroners training board established by IC 4-23-6.5-3, in consultation with the Indiana law enforcement academy, shall create and offer a training course for coroners and deputy coroners. The training course must include, at a minimum, forty (40) hours of instruction. The training course must require each coroner and deputy coroner to attend, complete, and successfully pass a certification program that consists of in-person classroom lectures and instruction, as well as a supervised externship.

(b) The training course described in subsection (a) must include instruction regarding:

(1) death investigation;

(2) crime scenes; and

(3) preservation of evidence at a crime scene for police and crime lab technicians.

(c) The coroners training board, in consultation with the Indiana law enforcement academy, shall create and offer an annual training course for coroners and deputy coroners. The annual training course must include at a minimum eight (8) hours of instruction and cover recent developments in:

(1) death investigation;

(2) crime scenes; and

(3) preservation of evidence at a crime scene for police and crime lab technicians.

(d) In creating the courses under this section the coroners training board shall consult with a pathologist certified by the American Board of Pathology regarding medical issues that are a part of the training courses.

(e) All training in the courses offered under this section that involves medical issues must be approved by a pathologist certified by the American Board of Pathology.

(f) All training in the courses offered under this section that involves crime scenes and evidence preservation must be approved by a law enforcement officer.

(g) The coroners training board shall issue a coroner or deputy coroner a certificate upon successful completion of the courses described in this section.

As added by P.L.3-2008, SEC.258. Amended by P.L.75-2026, SEC.11.
Ind. Code § 36-6-1.7-12 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-12
Posting of final list of township point totals
Status: in_force

Sec. 12. (a) If none of the township point totals are corrected by the department, the list that was posted under section 9(d) of this chapter is the final list and may not be appealed.

(b) The department shall post on the department's website each:

(1) petition filed under section 10(a) of this chapter; and

(2) written determination issued by the department under section 10(b) of this chapter.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-7-26-23 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-23
Net increment for preceding fiscal year; sales tax increment financing fund; district business disclosure of information
Status: in_force

Sec. 23. (a) Before the first business day in October of each year, the board shall require the department to calculate the net increment for the preceding state fiscal year. The department shall transmit to the board a statement as to the net increment in sufficient time to permit the board to review the calculation and permit the transfers required by this section to be made on a timely basis. Taxpayers operating in the district shall report annually, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate the net increment. A taxpayer operating in the district that files a consolidated tax return with the department also shall file annually an informational return with the department for each business location of the taxpayer within the district. If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department shall use the best information available in calculating the net increment.

(b) There is established a sales tax increment financing fund to be administered by the treasurer of state. The fund is comprised of two (2) accounts called the net increment account and the credit account.

(c) On the first business day in October of each year, that portion of the net increment calculated under subsection (a) that is needed:

(1) to pay debt service on the bonds issued under section 24 of this chapter or to pay lease rentals under section 24 of this chapter; and

(2) to establish and maintain a debt service reserve established by the commission or by a lessor that provides local public improvements to the commission;

shall be transferred to and deposited in the fund and credited to the net increment account. Money credited to the net increment account is pledged to the purposes described in subdivisions (1) and (2), subject to the other provisions of this chapter.

(d) On the first business day of October in each year, the remainder of:

(1) eighty percent (80%) of the gross increment; minus

(2) the amount credited to the net increment account on the same date;

shall be transferred and credited to the credit account.

(e) The remainder of:

(1) the gross increment; minus

(2) the amounts credited to the net increment account and the credit account;

shall be deposited by the state comptroller as other gross retail and use taxes are deposited.

(f) A city described in section 1(2), 1(3), or 1(4) of this chapter may receive not more than fifty percent (50%) of the net increment each year. During the time a district exists in a city described in section 1(3) or 1(4) of this chapter, not more than a total of one million dollars ($1,000,000) of net increment may be paid to the city described in section 1(3) or 1(4) of this chapter. During each year that a district exists in a city described in section 1(2) of this chapter, not more than one million dollars ($1,000,000) of net increment may be paid to the city described in section 1(2) of this chapter.

(g) The state comptroller shall disburse all money in the fund that is credited to the net increment account to the commission in equal semiannual installments on November 30 and May 31 of each year.

As added by P.L.35-1990, SEC.63. Amended by P.L.185-2001, SEC.8 and P.L.291-2001, SEC.202; P.L.177-2002, SEC.15 and P.L.178-2002, SEC.121; P.L.261-2013, SEC.43; P.L.9-2024, SEC.548.
Ind. Code § 36-7-14.5-16 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-16
Plans and specifications for local public improvements to be constructed; approval by commission
Status: in_force

Sec. 16. If the lease provides for a local public improvement or improvements thereto to be constructed by the authority, the plans and specifications shall be submitted to and approved by the commission.

As added by P.L.380-1987(ss), SEC.18.
Ind. Code § 36-7-17-2 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-2
Designation of agency to administer program
Status: in_force

Sec. 2. The fiscal body of a unit may by ordinance designate an agency or quasi-public corporation, or establish a new agency, to administer an urban homesteading program under which family dwellings for one (1) through four (4) families may be conveyed to individuals or families, who must occupy and rehabilitate the dwellings, and community organizations that must rehabilitate the dwellings and offer them for sale.

[Pre-Local Government Recodification Citation: 18-7-21-1 part.]

As added by Acts 1981, P.L.309, SEC.36. Amended by P.L.177-2003, SEC.11.
Ind. Code § 36-4-3-21.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-21.1
Expiration of municipal utility service contracts for properties outside corporate boundaries; continuation of service; payment of rates; arbitration
Status: in_force

Sec. 21.1. (a) This section applies if:

(1) one (1) or more contracts were entered into under section 21(a)(1) of this chapter between:

(A) the executive and an administrative agency of a municipality; and

(B) the owners or lessees of properties located outside the corporate boundaries of the municipality;

concerning the provision of municipal utility services in the area in which the properties referred to in clause (B) are located;

(2) the contracts have expired;

(3) the area in which the properties referred to in subdivision (1)(B) are located has not been annexed into the municipality; and

(4) the parties have not agreed:

(A) to an extension of the contracts referred to in subdivision (1); or

(B) to enter into new contracts under section 21(a)(1) of this chapter.

(b) In a situation described in subsection (a):

(1) municipal utility services to the properties referred to in subsection (a)(1)(B) may not be terminated, except for nonpayment of the compensation due under subdivision (2); and

(2) as a condition of continuing to receive municipal utility services, the owners or lessees of the properties referred to in subsection (a)(1)(B) must continue to pay the rate charged for the municipal utility services under the expired contracts, including any payment or contribution of money to the municipality provided for in the expired contracts under section 21(a) of this chapter;

for the period specified in subsection (c)(1) or until the occurrence of one (1) of the events set forth in subsection (c)(2).

(c) The municipal utility services shall continue to be provided to the properties referred to in subsection (a)(1)(B) under the terms set forth in subsection (b):

(1) for a period of two (2) years from the date of expiration of the contracts, if none of the events set forth in subdivision (2)(A) through (2)(C) occurs within that period; or

(2) until one (1) of the following occurs:

(A) The executive and administrative agency of the municipality and the owners or lessees of the properties referred to in subsection (a)(1)(B) enter into a new contract under section 21(a)(1) of this chapter.

(B) The area in which the properties referred to in subsection (a)(1)(B) are located is annexed into the municipality.

(C) Subject to subsection (e), arbitration of the matter is initiated under subsection (d).

(d) At any time within the period referred to in subsection (c)(1):

(1) the executive and administrative agency of the municipality; and

(2) the owners or lessees of the properties referred to in subsection (a)(1)(B);

may initiate arbitration of the differences preventing the parties from entering into a new contract under section 21(a)(1) of this chapter. The arbitration shall be conducted under IC 34-57-1 by an arbitrator mutually chosen by the parties, and the award made by the arbitrator must establish reasonable and just terms of a new contract between the parties under section 21(a)(1) of this chapter, considering all relevant factors. If either party fails or refuses to enter into a new contract under section 21(a)(1) of this chapter according to the terms of the award, the other party may commence legal action to enforce the award under IC 34-57-1-13.

(e) If arbitration is initiated under subsection (d) before the expiration of the period referred to in subsection (c)(1), but the arbitration is not concluded before the expiration of the period set forth in subsection (c)(1), the municipal utility services shall continue to be provided to the properties referred to in subsection (a)(1)(B) under the terms set forth in subsection (b) until the arbitrator makes the award and the parties enter into a new contract under section 21(a)(1) of this chapter according to the terms of the award.

As added by P.L.196-2014, SEC.4.
Ind. Code § 36-7-40-12 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-12
Power of the board to finance projects
Status: in_force

Sec. 12. Subject to section 13 of this chapter, after approval of the city fiscal body, the board may issue revenue bonds, whose term may not exceed the expiration date of the economic enhancement district ordinance under section 4 of this chapter, payable from special benefits assessment revenues or other revenues of the economic enhancement district to finance an economic enhancement project.

As added by P.L.201-2023, SEC.279. Amended by P.L.169-2024, SEC.6.
Ind. Code § 36-9-41-7 — Indiana Code / Title 36 / Article 9 / Chapter 41 / Section 36-9-41-7
Department of local government finance proceedings
Status: in_force

Sec. 7. (a) Upon receiving a petition under section 6 of this chapter, the county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for a hearing on the matter.

(b) The hearing shall be held not less than five (5) and not more than thirty (30) days after the department's receipt of the certified petition, and may be held in the county where the petition arose or through electronic means.

(c) The department of local government finance shall give notice of the hearing by letter to the political subdivision and to the first ten (10) taxpayer petitioners listed on the petition. A copy of the letter shall be sent to each of the first ten (10) taxpayer petitioners at the taxpayer's usual place of residence at least five (5) days before the date of the hearing. In addition, public notice shall be published at least five (5) days before the date of the hearing under IC 5-3-1.

(d) After the hearing under subsection (c), the department of local government shall issue a final determination concerning the petition.

As added by P.L.81-2004, SEC.47. Amended by P.L.38-2021, SEC.103.
Ind. Code § 36-7-23-44 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-44
Funds and accounts
Status: in_force

Sec. 44. The board may create funds and accounts necessary and desirable for its purposes.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-9-36-15 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-15
Objections to final resolution; filing; bond; prior assessments
Status: in_force

Sec. 15. (a) If the works board finally orders an improvement, forty percent (40%) of the persons who own property abutting the improvement and who are subject to assessment may file written objections with the board. The written objections must:

(1) state at least one (1) of the following:

(A) The improvement is not needed by the public.

(B) The cost of the proposed improvement would be excessive considering the character and value of the property to be assessed.

(C) The cost of the proposed improvement will exceed the benefits to the property to be assessed.

(D) The works board does not have the legal authority to order the improvement.

(2) be filed not later than five (5) days after the making of the final order.

(b) If the works board does not abandon the proposed improvement, the following shall, not later than five (5) days after the filing of the objections with the works board, file with the clerk of the circuit or superior court of the county a copy of the order of improvement and the objections:

(1) The auditor, in the case of a county.

(2) The clerk, in the case of a municipality.

(c) Objectors must file with their objections a bond with security to the satisfaction of the court. The following apply to a bond filed under this subsection:

(1) The bond shall be in a sum fixed by the court.

(2) The bond must be conditioned on the objectors paying all or any part of the costs of the hearing as the court may order.

(d) In considering an objection described in subsection (a)(1)(A), the court may at the hearing under section 16 of this chapter consider the amount of the assessments made against the property for public improvement during the preceding five (5) years.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-22-1 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-1
Application of chapter
Status: in_force

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

As added by P.L.195-1988, SEC.1.
Ind. Code § 36-7.5-8-2 — Indiana Code / Title 36 / Article 7.5 / Chapter 8 / Section 36-7.5-8-2
"Fund"
Status: in_force

Sec. 2. As used in this chapter, "fund" refers to the Gary Metro Center station revitalization fund established by section 3 of this chapter.

As added by P.L.195-2023, SEC.8.
Ind. Code § 36-10-3-25 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-25
Bonds; notice; hearing; ordinance approving issue
Status: in_force

Sec. 25. (a) Before bonds may be issued under section 23 of this chapter, the board shall give notice of a public hearing to disclose the purposes for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data.

(b) The board shall have published in accordance with IC 5-3-1 a notice of the time, place, and purposes of the hearing.

(c) After the public hearing and before additional proceedings on the bond issues, the board must obtain an ordinance approving the bond issue from the unit's fiscal body.

[Pre-Local Government Recodification Citation: 19-7-4-40.5.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.45, SEC.94.
Ind. Code § 36-1-8-5.1 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-5.1
Rainy day funds established by political subdivisions; transfers by schools
Status: in_force

Sec. 5.1. (a) A political subdivision may establish a rainy day fund by the adoption of:

(1) an ordinance, in the case of a county, city, or town; or

(2) a resolution, in the case of any other political subdivision.

(b) An ordinance or a resolution adopted under this section must specify the following:

(1) The purposes of the rainy day fund.

(2) The sources of funding for the rainy day fund, which may include the following:

(A) Unused and unencumbered funds under section 5 of this chapter.

(B) Any other funding source:

(i) specified in the ordinance or resolution adopted under this section; and

(ii) not otherwise prohibited by law.

(c) The rainy day fund is subject to the same appropriation process as other funds that receive tax money.

(d) In any fiscal year, a political subdivision may, at any time, do the following:

(1) Transfer any unused and unencumbered funds specified in subsection (b)(2)(A) from any fiscal year to the rainy day fund.

(2) Transfer any other unobligated cash balances from any fiscal year that are not otherwise identified in subsection (b)(2)(A) or section 5 of this chapter to the rainy day fund as long as the transfer satisfies the following requirements:

(A) The amount of the transfer is authorized by and identified in an ordinance or resolution.

(B) The amount of the transfer is not more than:

(i) before January 1, 2021, ten percent (10%);

(ii) after December 31, 2020, and before January 1, 2025, fifteen percent (15%); and

(iii) after December 31, 2024, ten percent (10%);

of the political subdivision's total annual budget adopted under IC 6-1.1-17 for that fiscal year.

(C) The transfer is not made from a debt service fund.

(e) A political subdivision may use only the funding sources specified in subsection (b)(2)(A) or in the ordinance or resolution establishing the rainy day fund. The political subdivision may adopt a subsequent ordinance or resolution authorizing the use of another funding source.

(f) The department of local government finance may not reduce the actual or maximum permissible levy of a political subdivision as a result of a balance in the rainy day fund of the political subdivision.

(g) A county, city, or town may at any time, by ordinance or resolution, transfer to:

(1) its general fund; or

(2) any other appropriated funds of the county, city, or town;

money that has been deposited in the rainy day fund of the county, city, or town.

(h) A school corporation may at any time, by resolution, transfer to its education fund or operations fund money that has been deposited in its rainy day fund.

As added by P.L.251-2001, SEC.2. Amended by P.L.90-2002, SEC.461; P.L.173-2003, SEC.19; P.L.267-2003, SEC.15; P.L.81-2004, SEC.45; P.L.53-2011, SEC.2; P.L.105-2013, SEC.1; P.L.288-2013, SEC.71; P.L.197-2016, SEC.120; P.L.140-2018, SEC.29; P.L.38-2021, SEC.79; P.L.68-2025, SEC.233.
Ind. Code § 36-1-29-5 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-5
"Ordinary high water mark"
Status: in_force

Sec. 5. As used in this chapter, "ordinary high water mark" has the meaning set forth in IC 14-26-2.1-2.

As added by P.L.164-2020, SEC.64.
Ind. Code § 36-4-1.5-6 — Indiana Code / Title 36 / Article 4 / Chapter 1.5 / Section 36-4-1.5-6
Continuation of town acts, ordinances, contracts, rules, and regulations
Status: in_force

Sec. 6. (a) The acts, contracts, and obligations of a town that is changed into a city under this chapter become the acts, contracts, and obligations of the city.

(b) The ordinances, rules, and regulations of a town that is changed into a city under this chapter continue in effect as ordinances, rules, and regulations of the city until amended or repealed.

As added by P.L.111-2005, SEC.2.
Ind. Code § 36-6-4-2 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-2
Township trustee; residence; term of office
Status: in_force

Sec. 2. (a) A township trustee shall be elected under IC 3-10-2-13 by the voters of each township. The trustee is the township executive.

(b) The township trustee must reside within the township as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The trustee forfeits office if the trustee ceases to be a resident of the township.

(c) The term of office of a township trustee is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1986, SEC.57; P.L.3-1987, SEC.563; P.L.1-2004, SEC.62 and P.L.23-2004, SEC.64; P.L.88-2005, SEC.16.
Ind. Code § 36-10-13-1 — Indiana Code / Title 36 / Article 10 / Chapter 13 / Section 36-10-13-1
"Art association"
Status: in_force

Sec. 1. As used in this chapter, "art association" means a nonprofit corporation organized under Indiana law to:

(1) maintain a permanent art gallery; and

(2) promote education in the fine and industrial arts;

that owns, possesses, or maintains property for those purposes.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17.5-1.]

As added by P.L.1-2005, SEC.48.
Ind. Code § 36-5-1.1-12 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-12
Towns not functioning for ten years; hearing; findings; adoption of ordinance or ordering dissolution
Status: in_force

Sec. 12. (a) This section does not apply to a town described by IC 36-5-1-11.5.

(b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.

(c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county having a consolidated city or subject to IC 36-2-3.5) issue an order to dissolve the town.

As added by P.L.3-1993, SEC.271.
Ind. Code § 36-8-22-5 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-5
"Exclusive recognized representative"
Status: in_force

Sec. 5. As used in this chapter, "exclusive recognized representative" means an employee organization elected under section 9 of this chapter.

As added by P.L.48-2007, SEC.1.
Ind. Code § 36-7-30.2-2 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-2
"Commander"
Status: in_force

Sec. 2. As used in this chapter, "commander" means the commander of an installation or the commander's designee.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-9-6.5-8 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-8
Thoroughfare tax
Status: in_force

Sec. 8. All property located within the district is subject to a special tax for the purpose of providing money to pay the total cost of the project, including all necessary incidental expenses of programming, planning, and designing. The special tax constitutes the amount of benefits resulting to all of that property from the acquisition or work, and shall be levied as provided in this chapter.

As added by Acts 1982, P.L.77, SEC.12.
Ind. Code § 36-10-7.5-23 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-23
Bond issue; notice and hearing
Status: in_force

Sec. 23. (a) Before bonds may be issued under this chapter, the legislative body shall give notice of a public hearing to disclose the purposes for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data.

(b) The legislative body shall publish in accordance with IC 5-3-1 a notice of the time, place, and purposes of the hearing.

As added by P.L.157-1991, SEC.15.
Ind. Code § 36-3-5.5-1 — Indiana Code / Title 36 / Article 3 / Chapter 5.5 / Section 36-3-5.5-1
"Training courses"
Status: in_force

Sec. 1. As used in this chapter, "training courses" refers to training courses, workshops, training institutes authorized by IC 5-11-14, formal academies, special seminars, and other in-service training related to the office of the:

(1) clerk of the consolidated city described in IC 36-3-4-8; and

(2) fiscal officer of the consolidated city described in IC 36-3-5-2.5;

that are developed or offered under the rubric of a generally accepted professional association, association of governments or a state agency or department, or public university or affiliated center.

As added by P.L.257-2019, SEC.110.
Ind. Code § 36-8-8-24.8 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-24.8
Expired
Status: repealed

As added by P.L.99-2010, SEC.15. Amended by P.L.177-2011, SEC.3. Expired 7-1-2012 by P.L.177-2011, SEC.3.
Ind. Code § 36-10-9-18 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-18
Tax exemptions
Status: in_force

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

As added by Acts 1982, P.L.77, SEC.28.
Ind. Code § 36-1-24-20 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-20
Notice of potential tax liability
Status: in_force

Sec. 20. This section is intended as notice to an owner as defined in section 2 of this chapter. An owner of short term rental property who makes a short term rental in which payments for the room, lodging, or other accommodation are not made through a marketplace facilitator (as defined by IC 6-2.5-1-21.9) may be liable for collecting and remitting the following taxes on consideration received by the owner for the short term rental:

(1) State gross retail tax imposed under IC 6-2.5-4-4.

(2) Innkeeper's tax imposed under IC 6-9.

As added by P.L.108-2019, SEC.245.
Ind. Code § 36-10-5-5 — Indiana Code / Title 36 / Article 10 / Chapter 5 / Section 36-10-5-5
Municipal boards in certain municipalities
Status: in_force

Sec. 5. (a) This section applies to a municipality that:

(1) has a population of more than twenty-five thousand (25,000); and

(2) is located in a county having a population of more than three hundred thousand (300,000) and less than three hundred fifty thousand (350,000).

(b) A municipal board consists of four (4) members appointed by the executive of the municipality. A member shall be appointed on the basis of the member's interest in and knowledge of parks and recreation. The members may include the executive of the municipality and one (1) or more members of the municipal fiscal body. The ordinance creating a municipal board governed by this section may provide for one (1) or two (2) ex officio members.

(c) An individual who is appointed a municipal board member serves at the pleasure of the executive who appointed the individual, as long as the executive continues to hold the office of executive.

As added by P.L.157-1991, SEC.7. Amended by P.L.12-1992, SEC.193; P.L.170-2002, SEC.174; P.L.119-2012, SEC.239; P.L.104-2022, SEC.220; P.L.40-2026, SEC.28.
Ind. Code § 36-8-16.7-47 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-47
Counties prohibited from containing more than two PSAPs after December 31, 2014; exceptions; interlocal agreements; parties; required plans and protocols; noncomplying counties; distributions of fees prohibited
Status: in_force

Sec. 47. (a) For purposes of this section, a PSAP includes a public safety communications system operated and maintained under IC 36-8-15.

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

(1) a political subdivision; or

(2) an agency;

that operates a PSAP. The term does not include any entity described in subsection (c)(1) through (c)(3).

(c) Subject to subsection (d), after December 31, 2014, a county may not contain more than two (2) PSAPs. However, a county may contain one (1) or more PSAPs in addition to the number of PSAPs authorized by this section, as long as any additional PSAPs are operated:

(1) by a state educational institution;

(2) by an airport authority established for a county having a consolidated city; or

(3) in a county having a consolidated city, by an excluded city (as defined in IC 36-3-1-7).

(d) If, on March 15, 2008, a county does not contain more than one (1) PSAP, not including any PSAP operated by an entity described in subsection (c)(1) through (c)(3), an additional PSAP may not be established and operated in the county on or after March 15, 2008, unless the additional PSAP is established and operated by:

(1) a state educational institution;

(2) in the case of a county having a consolidated city, an airport authority established for the county; or

(3) the municipality having the largest population in the county or an agency of that municipality.

(e) Before January 1, 2015, each PSAP operator in a county that contains more than the number of PSAPs authorized by subsection (c) shall enter into an interlocal agreement under IC 36-1-7 with every other PSAP operator in the county to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.

(f) An interlocal agreement required under subsection (e) may include as parties, in addition to the PSAP operators required to enter into the interlocal agreement under subsection (e), any of the following that seek to be served by a county's authorized PSAPs after December 31, 2014:

(1) Other counties contiguous to the county.

(2) Other political subdivisions in a county contiguous to the county.

(3) Other PSAP operators in a county contiguous to the county.

(g) An interlocal agreement required under subsection (e) must provide for the following:

(1) A plan for the:

(A) consolidation;

(B) reorganization; or

(C) elimination;

of one (1) or more of the county's PSAPs, as necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.

(2) A plan for funding and staffing the PSAP or PSAPs that will serve:

(A) the county; and

(B) any areas contiguous to the county, if additional parties described in subsection (f) participate in the interlocal agreement;

after December 31, 2014.

(3) Subject to any applicable state or federal requirements, protocol to be followed by the county's PSAP or PSAPs in:

(A) receiving incoming 911 calls; and

(B) dispatching appropriate public safety agencies to respond to the calls;

after December 31, 2014.

(4) Any other matters that the participating PSAP operators or parties described in subsection (f), if any, determine are necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.

(h) This section may not be construed to require a county to contain a PSAP.

(i) After December 31, 2014, if a county contains more than the number of PSAPs authorized by subsection (c), the county may not receive a distribution under section 37 of this chapter until the county complies with subsection (c). The board shall hold distributions in reserve until the county complies with subsection (c). A county is not entitled to any interest on any funds held by the board under this chapter.

As added by P.L.132-2012, SEC.20. Amended by P.L.213-2015, SEC.267.
Ind. Code § 36-6-4-1 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all townships.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-9-11.1-17 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-17
Deposits of department funds; separate account books and special accounts
Status: in_force

Sec. 17. (a) All gifts, donations, bequests, devises, and proceeds derived from the sale of bonds, from the disposition of property, or any payments received or paid to the department for off-street parking purposes shall be delivered to the fiscal officer of the consolidated city. The fiscal officer shall deposit them to the credit of the department, for the account for the parking facility entitled to them, or to its general fund, if not so allocated. All money remaining in each separate parking facility fund and in the general fund at the end of each calendar year continues to belong to those respective funds for use as provided in this chapter. All deposits of the department shall be kept in duly designated depositories for funds of the city.

(b) Separate books of account shall be kept for each parking facility so long as there remain outstanding any bonds issued on account of the acquisition or improvement of the facility. All net revenues derived from any parking facility that are pledged to the payment of the interest on and principal of certain bonds shall be deposited in a separate special account appropriately set up and designated. The money in these accounts shall be used solely for the payment of the interest on and principal of the respective bonds as they fall due, and for no other purposes, until the account contains an amount sufficient to pay the interest on and principal of all bonds payable during the then current calendar year and the interest on and principal of the bonds that will become due during the next succeeding calendar year. Any amount in excess of the amount required for that purpose may be used in the purchase of bonds of that issue, if they can be purchased at less than the then current redemption price, or if not, then for the redemption of outstanding bonds of that issue in accordance with their provisions, all as directed by the board.

As added by Acts 1982, P.L.77, SEC.13. Amended by P.L.127-2017, SEC.298.
Ind. Code § 36-1.5-4-34.5 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-34.5
Establishment of equipment replacement funds
Status: in_force

Sec. 34.5. (a) This section applies to a reorganization under this chapter that:

(1) occurs after June 30, 2006; and

(2) involves one (1) or more municipalities and one (1) or more townships, all of which are participating units in a fire protection territory on the date the reorganization is approved by voters.

(b) The fiscal body of a reorganized political subdivision that results from a reorganization described in subsection (a) may:

(1) establish an equipment replacement fund under IC 36-8-19-8.5 and impose a property tax for the fund as provided in IC 36-8-19-8.5; and

(2) take any other action under IC 36-8-19-8.5 that may be taken under that section by a participating unit in a fire protection territory.

(c) If a reorganized political subdivision establishes an equipment replacement fund under IC 36-8-19-8.5 as authorized by this section, the department of local government finance may adjust the maximum permissible ad valorem property tax levy that would otherwise apply to the reorganized political subdivision in the same manner in which the department may adjust the maximum permissible ad valorem property tax levy of a civil taxing unit under IC 6-1.1-18.5-10.5 to meet the civil taxing unit's obligations to a fire protection territory established under IC 36-8-19.

As added by P.L.255-2013, SEC.8.
Ind. Code § 36-7-14-1.7 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-1.7
Applicability of chapter to fire protection territories
Status: in_force

Sec. 1.7. Notwithstanding any other law, this chapter does not apply to the part of a participating unit's proceeds of property taxes imposed for an assessment date with respect to which the allocation and distribution is made that are attributable to property taxes imposed to meet the participating unit's obligations to a fire protection territory established under IC 36-8-19 after December 31, 2022.

As added by P.L.95-2022, SEC.6. Amended by P.L.236-2023, SEC.169.
Ind. Code § 36-1.5-5-1 — Indiana Code / Title 36 / Article 1.5 / Chapter 5 / Section 36-1.5-5-1
Cooperative agreements; method to enter cooperative agreements
Status: in_force

Sec. 1. Notwithstanding any other law, two (2) or more political subdivisions may enter into a cooperative agreement under this chapter by using the same procedures set forth in this article for the initiation and approval of a reorganization under this article. A cooperative agreement under this chapter may be initiated and approved only in the manner set forth in this article for the initiation and approval of a reorganization under this article.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-32.5-9 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-9
Establishment of uniform policies and guidelines; conditions and requirements for designation of an area as an innovation development district
Status: in_force

Sec. 9. (a) Before the corporation may designate territory within the jurisdiction of a city, town, or county, or within the jurisdiction of more than one (1) city, town, or county, as an innovation development district under this section, the board of the corporation established under IC 5-28-4 shall establish uniform policies and guidelines that the corporation must follow when notifying and collaborating with an executive, or, if applicable, executives, to designate territory within the jurisdiction of a city, town, or county as an innovation development district under this section. The corporation shall publish the uniform policies and procedures established under this subsection on the corporation's website.

(b) Subject to subsection (c) and section 12(a) of this chapter, after:

(1) budget committee review; and

(2) notifying and collaborating with the executive, or, if an innovation development district will include territory within the jurisdiction of more than one (1) city, town, or county, with the executives of each city, town, or county, in the manner provided under the policies and guidelines established under subsection (a);

the corporation may designate territory within the jurisdiction of a city, town, or county, or territory within the jurisdiction of more than one (1) city, town, or county, as an innovation development district if the corporation determines that the designation will support economic growth and the total investment plan is an amount equal to or greater than seven hundred fifty million dollars ($750,000,000).

(c) Notwithstanding section 10(b) of this chapter, but subject to section 12(c) of this chapter, the corporation may designate territory that is located in an existing allocation area described in section 10(b) of this chapter as an innovation development district after:

(1) budget committee review; and

(2) obtaining consent from the executive, executives, or the board of any military base reuse authority, in the manner provided under the policies and guidelines established under subsection (a).

(d) The requirements in subsection (c) apply to all innovation development districts established under this chapter regardless of the total costs and benefits of the proposed investment of an innovation development district.

As added by P.L.135-2022, SEC.28. Amended by P.L.123-2024, SEC.17; P.L.213-2025, SEC.310; P.L.23-2026, SEC.289.