Ind. Code § 36-7-14-52 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-52
"Base assessed value"; allocation of taxes for age-restricted housing program; use of taxes; allocation of excess assessed value
Status: in_force

Sec. 52. (a) Notwithstanding section 39(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of the purposes of an age-restricted housing program adopted under section 49 of this chapter, "base assessed value" means, subject to section 39(j) of this chapter, the net assessed value of all of the property, other than personal property, as finally determined for the assessment date immediately preceding the effective date of the allocation provision, as adjusted under section 39(h) of this chapter.

(b) The allocation fund established under section 39(b) of this chapter for the allocation area for an age-restricted housing program adopted under section 49 of this chapter may be used only for purposes related to the accomplishment of the purposes of the program, including, but not limited to, the following:

(1) The construction of any infrastructure (including streets, sidewalks, and sewers) or local public improvements in, serving, or benefiting the allocation area.

(2) The acquisition of real property and interests in real property within the allocation area.

(3) The preparation of real property in anticipation of development of the real property within the allocation area.

(4) To do any of the following:

(A) Pay the principal of and interest on bonds or any other obligations payable from allocated tax proceeds in the allocation area that are incurred by the redevelopment district for the purpose of financing or refinancing the age-restricted housing program established under section 49 of this chapter for the allocation area.

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

(C) Pay the principal of and interest on bonds payable from allocated tax proceeds in the allocation area and from the special tax levied under section 27 of this chapter.

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

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

(F) Make payments on leases payable from allocated tax proceeds in the allocation area under section 25.2 of this chapter.

(G) Reimburse the unit for expenditures made by the unit for local public improvements (which include buildings, parking facilities, and other items described in section 25.1(a) of this chapter) that are physically located in or physically connected to the allocation area.

(c) Notwithstanding section 39(b) of this chapter, the commission shall, relative to the allocation fund established under section 39(b) of this chapter for an allocation area for an age-restricted housing program adopted under section 49 of this chapter, do the following before June 15 of each year:

(1) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to:

(A) make the distribution required under section 39(b)(2) and 39(b)(3) of this chapter;

(B) make, when due, principal and interest payments on bonds described in section 39(b)(4) of this chapter;

(C) pay the amount necessary for other purposes described in section 39(b)(4) of this chapter; and

(D) reimburse the county or municipality for anticipated expenditures described in subsection (b)(2).

(2) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the department of redevelopment, 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 is wholly or partly located within the allocation area. The county auditor, upon receiving the notice, shall forward this notice (in an electronic format) to the department of local government finance not later than June 15 of each year. The notice must:

(A) state the amount, if any, of excess property taxes that the commission has determined may be paid to the respective taxing units in the manner prescribed in section 39(b)(1) of this chapter; 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. If a commission fails to provide the notice under subdivision (2), the county auditor shall allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units. However, if the commission notifies the county auditor and the department of local government finance, no later than July 1, that it is unable to meet its debt service obligations with regard to the allocation area without all or part of the allocated tax proceeds attributed to the assessed value that has been allocated to the respective taxing units, then the county auditor may not allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units.

As added by P.L.7-2013, SEC.4. Amended by P.L.87-2015, SEC.5; P.L.184-2016, SEC.31; P.L.214-2019, SEC.37; P.L.257-2019, SEC.124; P.L.38-2021, SEC.90; P.L.236-2023, SEC.181; P.L.157-2026, SEC.241.
Ind. Code § 36-2-6-2 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-2
Claims against county; procedure
Status: in_force

Sec. 2. A person who has a claim against a county shall file an invoice or a bill with the county auditor. The auditor shall present the invoice or bill to the executive, which shall examine the merits of the claim. The executive may allow any part of the claim that it finds to be valid.

[Pre-Local Government Recodification Citations: 17-2-1-1; 17-2-1-2; 17-2-40-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.39-1996, SEC.9.
Ind. Code § 36-7.5-7-1 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-1
"Commuter transportation district"
Status: in_force

Sec. 1. As used in this chapter, "commuter transportation district" means the northern Indiana commuter transportation district established under IC 8-5-15.

As added by P.L.195-2023, SEC.7.
Ind. Code § 36-7-2.5-35 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-35
More stringent rules, policies, or standards prohibited
Status: in_force

Sec. 35. (a) A unit may not adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this chapter.

(b) A unit may not require a design professional (as defined in IC 22-15-3.2-3) to prepare construction documents, plans, or other filings for a Class 2 structure as part of an application under this chapter when constructed as prescribed by 675 IAC 14-4.4 or a most recent published edition of the International Residential Code.

(c) A unit may require a design professional (as defined in IC 22-15-3.2-3) to prepare construction documents, plans, or other filings for a Class 2 structure as evidence or proof of equivalence of proposed alternate materials, appliances, equipment, or method of design or construction and once provided shall be permitted by the unit as an alternate.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-7-13-18 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-18
Goals or benchmarks for property development or redevelopment
Status: in_force

Sec. 18. (a) As used in this section, "developer" means a person that:

(1) proposes to enter into, or has entered into, a financing agreement with a unit for the development or redevelopment of a facility located in a district; and

(2) has entered into a separate agreement with some other person for the use or operation of the financed facility.

(b) A unit may establish goals or benchmarks concerning the development or redevelopment of property by a developer. The unit may provide that a developer that meets or exceeds the goals or benchmarks shall be paid a specified fee from the industrial development fund.

As added by P.L.125-1998, SEC.22.
Ind. Code § 36-7-27-2 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-2
"Base period amount"
Status: in_force

Sec. 2. As used in this chapter, "base period amount" means the aggregate amount of covered local income taxes paid by employees employed in a tax area with respect to wages earned for work in the tax area for the state fiscal year that precedes the date on which the commission confirmed the resolution designating the tax area. However, the base period amount with respect to a tax area covered by section 11(c) of this chapter is zero (0).

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-4-10-7 — Indiana Code / Title 36 / Article 4 / Chapter 10 / Section 36-4-10-7
Third class cities; clerk's deputies and employees
Status: in_force

Sec. 7. (a) This section applies to third class cities.

(b) The clerk shall appoint the number of deputies and employees needed for the effective operation of the office, with the approval of the city legislative body. The clerk's deputies and employees serve at the clerk's pleasure.

(c) If a city owns a utility and the clerk is directly responsible for the billing and collection of that utility's rates and charges, the clerk shall appoint those employees who are also responsible for that billing and collection. These employees serve at the clerk's pleasure.

(d) Whenever the city court judge does not serve as clerk of the city court or appoint a clerk to serve as clerk of the city court under IC 33-35-3-1, the clerk shall serve as clerk of the city court.

As added by P.L.189-1988, SEC.4. Amended by P.L.33-1998, SEC.10; P.L.98-2004, SEC.161.
Ind. Code § 36-9-24-1 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities that own and operate sewage works under IC 36-9-23.

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

As added by Acts 1981, P.L.309, SEC.97.
Ind. Code § 36-10-3-4.2 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-4.2
County board; membership
Status: in_force

Sec. 4.2. (a) This section applies if an ordinance is:

(1) adopted creating a county department under section 3.1(d) of this chapter; or

(2) amended by the county fiscal body as to the composition of the county board as set forth in section 3.1(e) of this chapter.

(b) The county board shall be appointed as follows:

(1) The county executive shall appoint two (2) members. The members must be affiliated with different political parties.

(2) The county fiscal body shall appoint two (2) members. The members must be affiliated with different political parties.

(c) The creating ordinance may provide for one (1) other elected county official to appoint one (1) member to the county board that is in addition to the members provided for under subsection (b). However, the elected county official may not appoint a member of the county fiscal body or the county executive to serve on the board as provided in subsection (g).

(d) The creating ordinance may also provide for:

(1) the county cooperative extension coordinator;

(2) the county extension educator; or

(3) a member selected by the board of supervisors of a soil and water conservation district;

to serve as an ex officio member of the county board in addition to the members provided for under subsections (b) and (c).

(e) The creating ordinance described in this section may not permit:

(1) the appointment of an additional member to the county board by either the county executive or the county fiscal body; or

(2) the delegation of an additional appointment to the county board by either the county executive or the county fiscal body by an additional member who serves under subsection (d)(1) through (d)(3).

(f) All members:

(1) appointed under this section constitute the county board; and

(2) have the same rights, including the right to vote.

A vacancy in the seat of a member shall be filled by the appointing authority.

(g) A municipal executive, a member of a county fiscal body, a member of the county executive, or a member of the municipal fiscal body may not serve on a board.

As added by P.L.75-2019, SEC.4. Amended by P.L.156-2020, SEC.150.
Ind. Code § 36-1-10.5-6 — Indiana Code / Title 36 / Article 1 / Chapter 10.5 / Section 36-1-10.5-6
Limitation on purchase price
Status: in_force

Sec. 6. A purchasing agent may not purchase any land or structure for a price greater than the average of the two (2) appraisals received under section 5 of this chapter.

As added by P.L.336-1987, SEC.1.
Ind. Code § 36-7-15.1-14 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-14
Clearing and planning by commission; repair and maintenance; environmental contamination; labor and contracts; utilities; payments; public dedication
Status: in_force

Sec. 14. (a) The commission may proceed with the clearing and replanning of the area described in the resolution before the acquisition of all of that area. It may also proceed with any of the following:

(1) The repair and maintenance of buildings that have been acquired and are not to be cleared.

(2) Investigation of environmental contamination.

(3) Remediation of environmental contamination.

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

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

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

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

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

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

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

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.221-2007, SEC.43.
Ind. Code § 36-8-15-15.1 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-15.1
Lease of facilities; financing; hearings; notice; objections
Status: in_force

Sec. 15.1. (a) A board may enter into a lease of any facility that may be financed with the proceeds of bonds issued under this chapter with a lessor for a term not to exceed fifty (50) years. The lease may provide for payments to be made by the board from special benefits taxes levied under section 14 of this chapter and any other revenue available to the board, or any combination of these sources.

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

(c) A lease may be entered into by the board only after a public hearing by the board at which all interested parties are given the opportunity to be heard. Notice of the hearing must be given by publication in accordance with IC 5-3-1. After the public hearing, the board may adopt a resolution authorizing the execution of the lease on behalf of the unit if the board finds that the service to be provided throughout the term of the lease will serve the public purpose of the unit and is in the best interests of the unit's residents. A lease approved by a resolution of the board must be approved by an ordinance of the fiscal body of the unit.

(d) Upon execution of a lease providing for payments by the board in whole or in part from the levy of special benefits taxes under section 14 of this chapter and upon approval of the lease by the fiscal body, the board shall publish notice of the execution of the lease and its approval in accordance with IC 5-3-1. Fifty (50) or more taxpayers residing in the district who will be affected by the lease and who may be of the opinion that no necessity exists for the execution of the lease or that the payments provided for in the lease are not fair and reasonable may file a petition in the office of the county auditor within thirty (30) days after the publication of the notice of execution and approval. The petition must set forth the petitioners' names, addresses, and objections to the lease and the facts showing that the execution of the lease is unnecessary or unwise or that the payments provided for in the lease are not fair and reasonable, as the case may be. Upon the filing of the petition, the county auditor shall immediately certify a copy of it, together with any other data necessary in order to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and information, the department of local government finance shall fix a time for the hearing in the district, which must be not less than five (5) or more than thirty (30) days after the time of the hearing is fixed. The department of local government finance may either hold the hearing in the affected county or through electronic means. Notice of the hearing shall be given by the department of local government finance to the members of the fiscal body, the board, and the first fifty (50) petitioners on the petition by a letter signed by the commissioner or deputy commissioner of the department and enclosed with fully prepaid postage sent to those persons at their usual place of residence, at least five (5) days before the date of the hearing. The decision of the department of local government finance on the appeal upon the necessity for the execution of the lease and as to whether the payments under it are fair and reasonable, is final.

(e) A board entering into a lease that is payable from revenues or other available funds of the board may:

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

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

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

(f) Except as provided in this section, no approvals of a governmental body or an agency are required before the board enters into a lease under this section.

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

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

As added by P.L.2-1989, SEC.52. Amended by P.L.90-2002, SEC.499; P.L.38-2021, SEC.99.
Ind. Code § 36-3-4-24 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-24
Departments; investigation of policies and expenditures; audit of books and records; other investigations
Status: in_force

Sec. 24. (a) For each department of the consolidated city, the city-county legislative body shall establish a standing committee, having at least three (3) members, to investigate the policies and expenditures of the department.

(b) The legislative body or its committee may:

(1) hire an internal auditor or an independent certified public accountant, or both, to examine the books and records of the consolidated city, any of its special service districts or special taxing districts, and the county;

(2) investigate any charges against a department, officer, or employee of the consolidated city, or any of its special service districts or special taxing districts, or the county; and

(3) investigate the affairs of a person with whom a city or county agency has entered or is about to enter into a contract.

(c) When conducting an investigation under this section, the legislative body or its committee:

(1) is entitled to access to all records pertaining to the investigation; and

(2) may compel the attendance of witnesses and the production of evidence by subpoena and attachment served and executed in the county.

(d) If a person refuses to testify or produce evidence at an investigation conducted under this section, the legislative body may order its clerk to immediately present to the circuit court of the county a written report of the facts relating to the refusal. The court shall hear all questions relating to the refusal to testify or produce evidence and shall also hear any new evidence not included in the clerk's report. If the court finds that the testimony or evidence sought should be given or produced, it shall order the person to testify or produce evidence, or both.

[Pre-Local Government Recodification Citations: 18-4-3-11 part; 18-1-4-2 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980, P.L.213, SEC.4; P.L.14-2000, SEC.79.
Ind. Code § 36-9-37-31 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-31
Bonds; presentation for payment; receipts
Status: in_force

Sec. 31. (a) A person who holds bonds issued in anticipation of the collection of special assessments shall present the bonds for payment and arrange for the payment of interest with sufficient time before the maturity date or due date of the delinquencies so that the municipal fiscal officer has time to process the payment.

(b) The bondholder shall file with the bonds a list setting forth the following for the bonds:

(1) The roll numbers.

(2) The series numbers.

(3) The face values or unpaid balances.

(4) The total presented for payment.

(c) The municipal fiscal officer shall give a receipt to a bondholder presenting bonds for payment or receiving a payment of interest. The receipt holds the municipality responsible to the bondholders for the following:

(1) The unpaid principal of and interest on the bonds that were presented for payment.

(2) The unpaid balances of principal of and interest on those bonds.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-12-3-7 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-7
Contracts for library service; tax levy
Status: in_force

Sec. 7. (a) A library board may contract to provide or receive library service from the following municipal corporations:

(1) Another public library.

(2) Any unit.

(b) A contract for library service between a public library and another municipal corporation must outline the:

(1) manner and extent of library service; and

(2) amount of compensation for the extension of library service.

(c) This subsection does not apply to municipal corporations described in section 8 of this chapter. A municipal corporation receiving library service shall:

(1) levy a tax sufficient to meet the amount of compensation agreed upon under the contract; and

(2) expend all funds received under a contract for library services chargeable to the contract.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-6.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-15-9 — Indiana Code / Title 36 / Article 9 / Chapter 15 / Section 36-9-15-9
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-3-84-6.]

As added by Acts 1981, P.L.309, SEC.88. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-6-1-10 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-10
Abolition of township; rate of taxation for existing indebtedness; payment
Status: in_force

Sec. 10. After abolition of a township, the county auditor shall determine the rate of taxation necessary to pay the township indebtedness existing at the time the township was abolished. The auditor shall place the tax rate on the tax duplicate for the abolished township, collect the tax, and pay it over to the proper creditors.

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

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-9-25-21 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-21
Construction of sewage works; award of damages for taking of property; notification of owners
Status: in_force

Sec. 21. (a) After completion of the list, the board shall consider, determine, and award the damages sustained by the owners of the parcels of land or rights-of-way required to be taken and appropriated or that will be injuriously affected. When the awards are completed, the board shall have a written notice served upon the owner of each piece of property, showing the amount of the award, by leaving a copy at the owner's last usual place of residence in the municipality or county or by delivering the copy to the owner personally.

(b) If the person is a nonresident, or if the person's residence is unknown, the person shall be notified by publication in accordance with IC 5-3-1. The notice must name a date on which the board shall receive or hear remonstrances from persons regarding the amount of their respective awards of damages. Persons not included in the lists of awards, but claiming to be entitled to them, are considered to have been notified of the pendency of the proceedings by the original notice of the resolution of the board as provided in section 18 of this chapter.

[Pre-Local Government Recodification Citation: 19-2-14-13.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.69; P.L.127-2017, SEC.322.
Ind. Code § 36-7-14-48 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-48
Allocation of property taxes; fund; use; credit calculation; limitation on distribution of fund; excess assessed valuation calculation
Status: in_force

Sec. 48. (a) Notwithstanding section 39(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of a program adopted under section 45 of this chapter, "base assessed value" means, subject to section 39(j) of this chapter, the net assessed value of all of the property, other than personal property, as finally determined for the assessment date immediately preceding the effective date of the allocation provision, as adjusted under section 39(h) of this chapter.

(b) The allocation fund established under section 39(b) of this chapter for the allocation area for a program adopted under section 45 of this chapter may be used only for purposes related to the accomplishment of the program, including the following:

(1) The construction, rehabilitation, or repair of residential units within the allocation area.

(2) The construction, reconstruction, or repair of any infrastructure (including streets, sidewalks, and sewers) within or serving the allocation area.

(3) The acquisition of real property and interests in real property within the allocation area.

(4) The demolition of real property within the allocation area.

(5) The provision of financial assistance to enable individuals and families to purchase or lease residential units within the allocation area. However, financial assistance may be provided only to those individuals and families whose income is at or below the county's median income for individuals and families, respectively.

(6) The provision of financial assistance to neighborhood development corporations to permit them to provide financial assistance for the purposes described in subdivision (5).

(7) For property taxes first due and payable before January 1, 2009, providing each taxpayer in the allocation area a credit for property tax replacement as determined under subsections (c) and (d). However, the commission may provide this credit only if the municipal legislative body (in the case of a redevelopment commission established by a municipality) or the county executive (in the case of a redevelopment commission established by a county) establishes the credit by ordinance adopted in the year before the year in which the credit is provided.

(c) The maximum credit that may be provided under subsection (b)(7) to a taxpayer in a taxing district that contains all or part of an allocation area established for a program adopted under section 45 of this chapter shall be determined as follows:

STEP ONE: Determine that part of the sum of the amounts described in IC 6-1.1-21-2(g)(1)(A) and IC 6-1.1-21-2(g)(2) through IC 6-1.1-21-2(g)(5) (before their repeal) that is attributable to the taxing district.

STEP TWO: Divide:

(A) that part of each county's eligible property tax replacement amount (as defined in IC 6-1.1-21-2) (before its repeal) for that year as determined under IC 6-1.1-21-4(a)(1) (before its repeal) that is attributable to the taxing district; by

(B) the amount determined under STEP ONE.

STEP THREE: Multiply:

(A) the STEP TWO quotient; by

(B) the taxpayer's taxes (as defined in IC 6-1.1-21-2) (before its repeal) levied in the taxing district allocated to the allocation fund, including the amount that would have been allocated but for the credit.

(d) The commission may determine to grant to taxpayers in an allocation area from its allocation fund a credit under this section, as calculated under subsection (c). Except as provided in subsection (g), one-half (1/2) of the credit shall be applied to each installment of taxes (as defined in IC 6-1.1-21-2) (before its repeal) that under IC 6-1.1-22-9 are due and payable in a year. The commission must provide for the credit annually by a resolution and must find in the resolution the following:

(1) That the money to be collected and deposited in the allocation fund, based upon historical collection rates, after granting the credit will equal the amounts payable for contractual obligations from the fund, plus ten percent (10%) of those amounts.

(2) If bonds payable from the fund are outstanding, that there is a debt service reserve for the bonds that at least equals the amount of the credit to be granted.

(3) If bonds of a lessor under section 25.2 of this chapter or under IC 36-1-10 are outstanding and if lease rentals are payable from the fund, that there is a debt service reserve for those bonds that at least equals the amount of the credit to be granted.

If the tax increment is insufficient to grant the credit in full, the commission may grant the credit in part, prorated among all taxpayers.

(e) Notwithstanding section 39(b) of this chapter, the allocation fund established under section 39(b) of this chapter for the allocation area for a program adopted under section 45 of this chapter may only be used to do one (1) or more of the following:

(1) Accomplish one (1) or more of the actions set forth in section 39(b)(4)(A) through 39(b)(4)(H) and 39(b)(4)(J) of this chapter for property that is residential in nature.

(2) Reimburse the county or municipality for expenditures made by the county or municipality in order to accomplish the housing program in that allocation area.

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

(f) Notwithstanding section 39(b) of this chapter, the commission shall, relative to the allocation fund established under section 39(b) of this chapter for an allocation area for a program adopted under section 45 of this chapter, do the following before June 15 of each year:

(1) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to:

(A) make the distribution required under section 39(b)(2) and 39(b)(3) of this chapter;

(B) make, when due, principal and interest payments on bonds described in section 39(b)(4) of this chapter;

(C) pay the amount necessary for other purposes described in section 39(b)(4) of this chapter; and

(D) reimburse the county or municipality for anticipated expenditures described in subsection (e)(2).

(2) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the department of redevelopment, 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 is wholly or partly located within the allocation area. The county auditor, upon receiving the notice, shall forward this notice (in an electronic format) to the department of local government finance not later than June 15 of each year. The notice must:

(A) state the amount, if any, of excess property taxes that the commission has determined may be paid to the respective taxing units in the manner prescribed in section 39(b)(1) of this chapter; 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. If a commission fails to provide the notice under this subdivision, the county auditor shall allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units. However, if the commission notifies the county auditor and the department of local government finance, no later than July 1, that it is unable to meet its debt service obligations with regard to the allocation area without all or part of the allocated tax proceeds attributed to the assessed value that has been allocated to the respective taxing units, then the county auditor may not allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units.

(3) If:

(A) the amount of excess assessed value determined by the commission is expected to generate more than two hundred percent (200%) of the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on bonds described in subdivision (1); plus

(B) the amount necessary for other purposes described in subdivision (1);

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 subdivision (2). The legislative body of the unit may approve the commission's determination or modify the amount of the excess assessed value that will be allocated to the respective taxing units in the manner prescribed in subdivision (2).

(g) This subsection applies to an allocation area only to the extent that the net assessed value of property that is assessed as residential property under the rules of the department of local government finance is not included in the base assessed value. If property tax installments with respect to a homestead (as defined in IC 6-1.1-12-37) are due in installments established by the department of local government finance under IC 6-1.1-22-9.5, each taxpayer subject to those installments in an allocation area is entitled to an additional credit under subsection (d) for the taxes (as defined in IC 6-1.1-21-2) (before its repeal) due in installments. The credit shall be applied in the same proportion to each installment of taxes (as defined in IC 6-1.1-21-2) (before its repeal).

As added by P.L.154-2006, SEC.76. Amended by P.L.219-2007, SEC.126; P.L.146-2008, SEC.741; P.L.1-2009, SEC.165; P.L.203-2011, SEC.10; P.L.149-2014, SEC.21; P.L.87-2015, SEC.4; P.L.184-2016, SEC.30; P.L.214-2019, SEC.36; P.L.257-2019, SEC.123; P.L.38-2021, SEC.89; P.L.236-2023, SEC.180; P.L.157-2026, SEC.240.
Ind. Code § 36-8-17-5 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-5
Compliance with order to assist the department; annual reporting
Status: in_force

Sec. 5. (a) The fire chief and the designees of the fire chief in every fire department are assistants to the state fire marshal.

(b) A fire department shall comply with an order issued by the department under IC 22-14-2-4 that directs the fire department to assist the department.

(c) A fire department shall report annually to the department of homeland security, in a manner prescribed by the department of homeland security, information relating to each emergency response by the fire department. In the event that a fire department fails to comply with this section, the department of homeland security, notwithstanding any other law, may determine that the fire department is ineligible to receive grants administered by the department of homeland security.

(d) This section also applies to a fire department established by the board of trustees of Purdue University under IC 21-39-7.

As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.577; P.L.29-2011, SEC.3; P.L.187-2021, SEC.147; P.L.170-2022, SEC.41.
Ind. Code § 36-2-14-6.5 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-6.5
Duty to make positive identification; manner of positive identification; exception; timely notification of next of kin
Status: in_force

Sec. 6.5. (a) As used in this section, "DNA analysis" means an identification process in which the unique genetic code of an individual that is carried by the individual's deoxyribonucleic acid (DNA) is compared to genetic codes carried in DNA found in bodily substance samples obtained by a law enforcement agency in the exercise of the law enforcement agency's investigative function.

(b) As used in this section, "human remains" has the meaning set forth in IC 35-45-19-1.5.

(c) As used in this section, "immediate family member" means, with respect to the human remains of a particular dead person, an individual who is at least eighteen (18) years of age and who is one (1) of the following:

(1) The dead person's spouse.

(2) The dead person's child.

(3) The dead person's parent.

(4) The dead person's grandparent.

(5) The dead person's sibling.

(d) The coroner shall make a positive identification of human remains unless extraordinary circumstances described in subsection (e) exist. In making a positive identification, the coroner shall determine the identity of the human remains by one (1) of the following methods:

(1) Fingerprint identification.

(2) DNA analysis.

(3) Dental record analysis.

(4) Tracking a unique identifying number on a medical device (as defined in IC 24-4-12-7) that is surgically implanted in the dead person's body.

(5) Positive identification by at least one (1) of the dead person's immediate family members if the dead person's body is in a physical condition that would allow for the dead person to be reasonably recognized.

(e) For the purposes of subsection (d), extraordinary circumstances exist if, after a thorough investigation, the coroner determines that identification of the dead person is not possible under any of the five (5) methods described in subsection (d).

(f) Unless extraordinary circumstances described in subsection (e) exist, the coroner shall notify the decedent's next of kin in a timely manner. The coroner shall retain the information derived from any of the methods described in subsection (d) until the decedent's next of kin has been located.

As added by P.L.157-2007, SEC.4. Amended by P.L.45-2019, SEC.1; P.L.47-2019, SEC.6; P.L.211-2019, SEC.49.
Ind. Code § 36-4-3-10 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-10
Liability of annexing municipality for indebtedness or other obligations of township; payment
Status: in_force

Sec. 10. (a) If the township from which a municipality annexes territory is indebted or has outstanding unpaid bonds or other obligations at the time of the annexation, 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 bears to the assessed valuation of all property in the township, 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.

(b) The annexing municipality shall pay its indebtedness under this section to the township executive. If the indebtedness consists of outstanding unpaid bonds or notes of the township, the payments to the executive shall be made as the principal or interest on the bonds or notes becomes due.

[Pre-Local Government Recodification Citation: 18-5-10-28.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-7-29-4 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-4
"Qualified site" defined
Status: in_force

Sec. 4. As used in this chapter, "qualified site" means a site that is wholly or partially located in the district and on July 1, 1994, is:

(1) a site at which solid waste or substances are present or deposited in or on the ground as an intended place of final location; or

(2) an industrial site where a substance is present in or on the ground.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-9-13-23 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-23
Lease of land, government buildings, or systems to eligible entity by authority; authorization
Status: in_force

Sec. 23. (a) An eligible entity may lease land or any part of a government building or system from a building authority, and the authority may lease land or any part of a government building or system to an eligible entity. An eligible entity that enters into such a lease may sublease part of the leased premises to other eligible entities. Such a lease or sublease may not be entered into for a period of more than forty (40) years.

(b) An eligible entity may, in anticipation of:

(1) the construction or purchase of government buildings, including the necessary equipment and appurtenances; or

(2) the purchase of land;

enter into a lease with a building authority before the construction or purchase. Such a lease must require the payment of lease rental by the lessee or lessees to begin when the building or land has been acquired or completed and is ready for occupancy, but not before that time.

(c) Whenever property is to be acquired and reconstructed or renovated under this chapter, an eligible entity may, in anticipation of the acquisition, enter into a lease with a building authority, upon such terms and conditions as may be agreed upon, including:

(1) provisions for the lessee to continue to operate the property until completion of the reconstruction or renovation; and

(2) provisions for the payment of a lease rental by the lessee for the use of the property while it is being reconstructed or renovated.

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

[Pre-Local Government Recodification Citations: 19-8-4-10; 19-8-4-11.]

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.188, SEC.7; P.L.37-1988, SEC.33.
Ind. Code § 36-2-2.9-10 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-10
Responsibility for notification of review results
Status: in_force

Sec. 10. The county executive has the responsibility of notifying the county officer of the results of the review conducted by the county attorney and the county executive.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-2-5-9 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-9
Presentation of budget estimates; public inspection; notice
Status: in_force

Sec. 9. Before the Thursday after the first Monday in August of each year, persons preparing budget estimates under this chapter shall present them to the county auditor, who shall file them in the county auditor's office and make them available for inspection by county taxpayers. The county auditor shall also comply with the notice requirements of IC 6-1.1-17-3.

[Pre-Local Government Recodification Citations: 6-1.1-17-3 part; 17-1-24-19 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.45, SEC.9; P.L.127-2017, SEC.26.
Ind. Code § 36-7-15.6-16 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-16
Flood control improvement fund; uses
Status: in_force

Sec. 16. (a) The fiscal officer of the unit shall establish a flood control improvement fund for each flood control improvement district that is established within the jurisdiction of the unit.

(b) The fiscal officer of the unit shall deposit in the fund of a district:

(1) property tax proceeds allocated from the district to the fund under section 13 of this chapter; and

(2) proceeds from the sale of bonds under section 17 of this chapter for flood control works within the boundaries of the district for which the fund is established.

(c) The commission shall administer the fund.

(d) Money in a fund must be used only for flood control works projects within boundaries of the district for which the fund was established as set forth under this chapter.

(e) Money in a fund may be transferred or expended for the purposes set forth in this chapter without further appropriation by the fiscal body of the unit.

(f) Any money remaining in a fund after the expiration of the flood control improvement district under section 20(a) of this chapter shall be transferred to the storm water fund of the unit to be used exclusively to provide for the maintenance and repair of flood control works within the flood control improvement district after its expiration.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-9-37-37 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-37
Refunding bonds
Status: in_force

Sec. 37. (a) Instead of issuing certificates of indebtedness under section 35 of this chapter, the municipal legislative body may by ordinance issue refunding bonds to meet a deficiency arising in the municipal improvement fund if the following conditions are met:

(1) At least one (1) of the conditions listed in section 35(b) of this chapter is met.

(2) The amount of the deficiency is clearly established.

(3) The liability of the municipality for the deficiency is established. However, this subdivision does not require the liability of the municipality to be established by a judgment against the municipality.

(b) Refunding bonds issued under this section shall be issued in the manner prescribed by IC 5-1-9. The proceeds of the bonds may be used only to discharge the liability of the municipality for the deficiency.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-9-23-33 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-33
Collection of unpaid fees; recording of liens; certification to county auditor; fees, charges, and penalties; collection with property taxes
Status: in_force

Sec. 33. (a) Subsections (c) through (l) do not apply to unpaid fees and penalties assessed against property occupied by someone other than the property owner if:

(1) the municipal legislative body has adopted an ordinance provision described in section 25(f) of this chapter concerning property occupied by someone other than the property owner;

(2) the ordinance provision described in section 25(f) of this chapter provides that fees assessed against the property for services rendered by the sewage works to the property do not constitute a lien against the property, as described in section 25(f)(3) of this chapter; and

(3) any requirements or conditions:

(A) described in section 25(f)(1) or 25(f)(2) of this chapter; and

(B) included in the ordinance;

have been satisfied.

(b) An officer described in subsection (c) may defer enforcing the collection of unpaid fees and penalties assessed under this chapter until the unpaid fees and penalties have been due and unpaid for at least ninety (90) days. However, in the case of property that is occupied by someone other than the owner, this subsection does not relieve the utility of its duty under section 32(c) of this chapter to notify the owner not later than twenty (20) days after the time user fees become sixty (60) days delinquent.

(c) Except as provided in subsection (m), the officer charged with the collection of fees and penalties assessed under this chapter shall enforce their payment. As often as the officer determines is necessary in a calendar year, the officer shall prepare either of the following:

(1) A list of the delinquent fees and penalties that are enforceable under this section, which must include the following:

(A) The name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent.

(B) A description of the premises, as shown by the records of the county auditor.

(C) The amount of the delinquent fees, together with the penalty.

(2) An individual instrument for each lot or parcel of real property on which the fees are delinquent.

(d) The officer shall record a copy of each list or each individual instrument with the county recorder who shall charge a fee for recording the list or each individual instrument in accordance with the fee schedule established in IC 36-2-7-10. The officer shall then mail to each property owner on the list or on an individual instrument a notice stating that a lien against the owner's property has been recorded. Except for a county having a consolidated city, a service charge of five dollars ($5), which is in addition to the recording fee charged under this subsection and under subsection (g), shall be added to each delinquent fee that is recorded.

(e) This subsection applies only to a county containing a consolidated city. Using the lists and instruments prepared under subsection (c) and recorded under subsection (d), the officer shall certify to the county auditor, according to a schedule agreed upon by the county treasurer and the officer, a list of the unpaid liens for collection with the next cycle's property tax installment. The county and its officers and employees are not liable for any material error in the information on the list.

(f) This subsection applies to a county not described in subsection (e). Using the lists and instruments prepared under subsection (c) and recorded under subsection (d), the officer shall, not later than ten (10) days after the list or each individual instrument is recorded under subsection (d), certify to the county auditor a list of the unpaid liens for collection with the next May installment of property taxes. The county and its officers and employees are not liable for any material error in the information on this list.

(g) The officer shall release any recorded lien when the delinquent fees, penalties, service charges, and recording fees have been fully paid. The county recorder shall charge a fee for releasing the lien in accordance with IC 36-2-7-10.

(h) On receipt of the list under subsection (e) or (f), the county auditor of each county shall add a fifteen dollar ($15) certification fee for each lot or parcel of real property on which fees are delinquent, which fee is in addition to all other fees and charges. The county auditor shall immediately enter on the tax duplicate for the municipality the delinquent fees, penalties, service charges, recording fees, and certification fees, which are due not later than the due date of the next cycle's installment of property taxes. The county treasurer shall then include any unpaid charges for the delinquent fee, penalty, service charge, recording fee, and certification fee to the owner or owners of each lot or parcel of property, at the time the next cycle's property tax installment is billed.

(i) After certification of liens under subsection (f), the officer may not collect or accept delinquent fees, penalties, service charges, recording fees, or certification fees from property owners whose property has been certified to the county auditor. This subsection does not apply to a county containing a consolidated city.

(j) If a delinquent fee, penalty, service charge, recording fee, and certification fee are not paid, they shall be collected by the county treasurer in the same way that delinquent property taxes are collected.

(k) At the time of each semiannual tax settlement, the county treasurer shall certify to the county auditor all fees, charges, and penalties that have been collected. The county auditor shall deduct the service charges and certification fees collected by the county treasurer and pay over to the officer the remaining fees and penalties due the municipality. The county treasurer shall retain the service charges and certification fees that have been collected, and shall deposit them in the county general fund.

(l) Fees, penalties, and service charges that were not recorded before a recorded conveyance shall be removed from the tax roll for a purchaser who, in the manner prescribed by section 32(d) of this chapter, files a verified demand with the county auditor.

(m) A board may write off a fee or penalty under subsection (b) that is for less than two hundred dollars ($200).

[Pre-Local Government Recodification Citation: 19-2-5-24.]

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.354-1987, SEC.1; P.L.45-1990, SEC.8; P.L.1-1993, SEC.249; P.L.57-1993, SEC.18; P.L.88-1995, SEC.11; P.L.236-1997, SEC.1; P.L.10-1997, SEC.36; P.L.98-2000, SEC.29; P.L.171-2002, SEC.2; P.L.174-2003, SEC.1; P.L.39-2008, SEC.6; P.L.196-2014, SEC.7; P.L.21-2017, SEC.2.
Ind. Code § 36-7-7.5-5 — Indiana Code / Title 36 / Article 7 / Chapter 7.5 / Section 36-7-7.5-5
Powers
Status: in_force

Sec. 5. A commission established under this chapter has the powers of an advisory plan commission under IC 36-7-4.

As added by P.L.168-1990, SEC.1.
Ind. Code § 36-10-10-18 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-18
Sale or lease of land by city to authority
Status: in_force

Sec. 18. (a) A city desiring to have a convention center erected on land owned or to be acquired by it may sell or lease the land to the authority. The land may be leased at a nominal lease rental, but the term of the lease may not be less than the term of the lease of the convention center to the city.

(b) Before a sale may take place, the city executive, with the approval of the city legislative body, shall file a petition with the circuit court of that county requesting the appointment of:

(1) one (1) disinterested freeholder of the city as an appraiser; and

(2) two (2) disinterested appraisers licensed under IC 25-34.1;

who are residents of Indiana to determine the fair market value of the land. One (1) of the appraisers described under subdivision (2) must reside not more than fifty (50) miles from the land. Upon their appointment, the appraisers shall fix the fair market value of the land and report within two (2) weeks from the date of their appointment. The city may then sell the land to the authority for an amount not less than the amount fixed as the fair market value by the appraisers, the amount to be paid in cash upon delivery of the deed by the city to the authority. A sale of land by a city to the authority shall be authorized by the city executive and city legislative body by ordinance, which shall be entered in the official records of the legislative body. The deed shall be executed on behalf of the city by the executive and attested by the city clerk.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.113-2006, SEC.23.
Ind. Code § 36-7-40-14 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-14
Ordinance adopted before P.L.169-2024 void; new ordinance
Status: in_force

Sec. 14. If the legislative body of a city has adopted an ordinance to establish an economic enhancement district under this chapter before March 15, 2024 (the effective date of P.L.169-2024), that ordinance shall be void, but may be revised and reenacted by the legislative body of the city by the adoption of a new ordinance under section 4 of this chapter, which must comply with the provisions of this chapter as amended by P.L.169-2024.

As added by P.L.169-2024, SEC.7. Amended by P.L.1-2025, SEC.238.
Ind. Code § 36-9-3-27 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-27
Acquisition of facilities from public transportation agency; obligations to employees
Status: reserved

Sec. 27. (a) Whenever the authority acquires the public transportation facilities of a public transportation agency and operates those facilities, all employees engaged in the operation of the facilities shall be transferred to and appointed as employees of the authority, subject to all the rights and benefits of this chapter, and the authority shall assume and observe all current labor contracts and pension obligations.

(b) The authority must give the employees of any public transportation agency it acquires seniority credit, sick leave, vacation, insurance, and pension credits in accordance with the records or labor agreements from the acquired transportation agency. Members and beneficiaries of any pension or retirement system or other system of benefits established by the acquired transportation agency continue to have rights, privileges, benefits, obligations, and status under that system. The authority must assume the obligations of the acquired public transportation agency regarding wages, salaries, hours, working conditions, sick leave, health and welfare, and pension or retirement provisions for employees.

(c) The authority must assume the provisions of any collective bargaining agreement between a public transportation agency acquired by the authority and the representative of the employees of the acquired agency. The authority and the employees, through their representatives for collective bargaining purposes, may take whatever action is necessary to preserve the pension rights of the employees, including the transfer of pension trust funds under the joint control of the transportation agency and the participating employees through their representatives to the trust fund to be established, maintained, and administered jointly by the authority and the participating employees through their representatives.

[Pre-Local Government Recodification Citation: 19-5-2.5-21.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.16.
Ind. Code § 36-7-4.2-10 — Indiana Code / Title 36 / Article 7 / Chapter 4.2 / Section 36-7-4.2-10
Indoor shooting range a permitted use in commercial, industrial, or agricultural zoning district
Status: in_force

Sec. 10. (a) If a property is zoned for commercial, industrial, or agricultural use, an indoor shooting range is permitted on any lot or parcel if the following conditions are satisfied:

(1) The walls, ceilings, floors, and backstops must be constructed with materials capable of containing all projectiles fired within the facility.

(2) Reasonable effort is made in the design, construction, and maintenance of the indoor shooting range to limit noise that could significantly impact adjacent properties.

(b) A unit may require:

(1) a will-serve letter for an indoor shooting range under subsection (a); and

(2) an application fee.

(c) Nothing in this section shall be construed to limit the scope of federal and state law governing firearm safety, environmental controls, and occupational health.

As added by P.L.117-2026, SEC.3.
Ind. Code § 36-7-15.1-18 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-18
Redevelopment district fund
Status: in_force

Sec. 18. (a) All proceeds from the sale of bonds under section 17 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the acquisition and redevelopment of property. The fund shall be known as the redevelopment district fund. Any surplus of funds remaining after all expenses are paid shall be paid into and become a part of the redevelopment district bond fund established under section 19 of this chapter.

(b) All gifts, donations, proceeds of sales, or other payments that are given or paid to the department or to the consolidated city for redevelopment purposes shall be promptly deposited to the credit of the redevelopment district fund. The commission may use these gifts and donations for the purposes of this chapter.

(c) Before the eleventh day of each calendar month the city fiscal officer shall notify the commission and the officers of the city who have duties in respect to the funds and accounts of the city of the amount standing to the credit of the redevelopment district fund at the close of business on the last day of the preceding month.

As added by Acts 1982, P.L.77, SEC.8.
Ind. Code § 36-7-18-7 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-7
Commissioners; terms of office; certificates of appointment
Status: in_force

Sec. 7. (a) The executive or fiscal body appointing the first commissioners of a housing authority shall fix their terms as follows:

(1) One (1) year for two (2) of the commissioners.

(2) Two (2) years for two (2) of the commissioners.

(3) Three (3) years for one (1) of the commissioners.

(4) Four (4) years for two (2) of the commissioners.

After that, appointments to the authority are for a term of four (4) years, except that all vacancies shall be filled for the unexpired term. A commissioner serves until the commissioner's successor is appointed and qualified.

(b) A certificate for the appointment or reappointment of a commissioner of a housing authority must be filed with the clerk of the fiscal body of the unit. The certificate is conclusive evidence of the proper appointment of the commissioner.

[Pre-Local Government Recodification Citation: 18-7-11-5 part.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.229-2001, SEC.2; P.L.127-2017, SEC.212.
Ind. Code § 36-7-11.3-5 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-5
"Interested party" defined
Status: in_force

Sec. 5. As used in this chapter, "interested party" means the following:

(1) The governor.

(2) The Indiana department of transportation.

(3) The department of natural resources.

(4) The executive of the city or town.

(5) The municipal plan commission.

(6) The society.

(7) Each owner or occupant owning or occupying primary or secondary property to a depth of two (2) ownerships of the perimeter of the property.

(8) An owner, occupant, or other person having a legal or equitable interest in the subject property.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-2 part; 14-3-3.2-23(f)(4).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7.5-4.5-1 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-1
"Base assessed value"
Status: in_force

Sec. 1. As used in this chapter, "base assessed value" means:

(1) the net assessed value of all the taxable property located in a transit development district as finally determined for the assessment date immediately preceding the effective date of the resolution adopted under this chapter establishing the particular district; plus

(2) to the extent it is not included in subdivision (1), the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, as finally determined for any assessment date after the effective date of the resolution.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-7-15.5-22 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-22
Powers and duties of commission
Status: in_force

Sec. 22. (a) The commission is responsible for taking certain official actions that are necessary to carry out an improvement and maintenance project as set forth in the resolution establishing the district or as provided in this chapter.

(b) The commission may, with respect to the improvement and maintenance project or the improvement and maintenance district, do the following:

(1) Sue and be sued.

(2) Adopt administrative procedures and bylaws.

(3) Approve the acquisition of property (real, personal, or mixed) by deed, purchase, lease, condemnation, or otherwise and dispose of it for improvement and maintenance project purposes.

(4) Approve receipt of gifts, donations, bequests, and public trusts, agree to conditions and terms accompanying them, and bind the district to carry them out.

(5) Negotiate and execute contracts required to accomplish the purposes of this chapter.

(6) Approve disbursements from the fund.

(c) The commission may, by resolution, delegate to a city official the authority to approve, where the amount involved is less than five thousand dollars ($5,000), acquisition or disposition of property, disbursements, and contracts.

As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.47.
Ind. Code § 36-9-38-14 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-14
Petition in opposition to district; termination of proceedings
Status: in_force

Sec. 14. (a) The owners of real property located in a proposed improvement district may remonstrate against the establishment of that district by filing a petition with the municipal works board. The county auditor shall verify the signatures on the petition.

(b) If the number of valid signatures equals or exceeds fifty-one percent (51%) of the owners of real property in the proposed improvement district, the works board shall cease the works board's proceedings to establish the improvement district.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-7-38-4 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-4
Boards generally
Status: in_force

Sec. 4. (a) A land bank is governed by a board of at least seven (7) and at most nine (9) directors.

(b) A director of a land bank appointed under this section must have demonstrated competency in an occupation or discipline that is relevant to the primary purpose of a land bank.

(c) Except as provided in this chapter, the term of a director of a land bank is for three (3) consecutive calendar years.

(d) If a director of a land bank is unable to complete the director's term, the authority that appointed the director shall appoint a successor to serve for the remainder of the incomplete term.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-3-8-4 — Indiana Code / Title 36 / Article 3 / Chapter 8 / Section 36-3-8-4
Legislative bodies of town and consolidated city and county take steps to implement chapter
Status: in_force

Sec. 4. The town legislative body and the legislative body of the consolidated city and county shall take any steps necessary to implement this chapter, including adopting ordinances and resolutions and entering into interlocal agreements.

As added by P.L.52-2025, SEC.2. Amended by P.L.23-2026, SEC.286.
Ind. Code § 36-5-1.1-3 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-3
Public hearing; notice
Status: in_force

Sec. 3. The county executive shall hold a public hearing on a petition or resolution for dissolution filed under section 2 of this chapter not less than sixty (60) nor more than ninety (90) days after the date of the filing of the petition or resolution. The county executive shall publish notice of the hearing in accordance with IC 5-3-1.

As added by P.L.342-1987, SEC.2.
Ind. Code § 36-7-4-1317 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1317
Ordinance; identification of responsible infrastructure agency
Status: in_force

Sec. 1317. A unit must identify in the unit's impact fee ordinance the infrastructure agency that is responsible for acquiring, constructing, or providing each infrastructure type included in the impact fee ordinance.

As added by P.L.221-1991, SEC.18.
Ind. Code § 36-8-17-10 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-10
Informal review of order; time to appeal; modification or reversal of order
Status: in_force

Sec. 10. (a) The department shall give a person who:

(1) is aggrieved by an order issued under section 9 of this chapter; and

(2) requests review of the order in verbal or written form;

an opportunity to informally discuss the order with the department. Review under this subsection does not suspend the running of the time period in which a person must petition under IC 4-21.5-3-7 to appeal the order.

(b) The department may, on its own initiative or at the request of any person, modify or reverse an order issued under section 9 of this chapter.

As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.581; P.L.187-2021, SEC.151.
Ind. Code § 36-8-25-4 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-4
"T-CPR"
Status: in_force

Sec. 4. As used in this chapter, "T-CPR" means telephone cardiopulmonary resuscitation.

As added by P.L.54-2019, SEC.4.
Ind. Code § 36-7-4-1602 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1602
Initiation of judicial review; required showing
Status: in_force

Sec. 1602. (a) Judicial review of a zoning decision is initiated by filing a petition for review in the appropriate court.

(b) Only a person who qualifies under:

(1) section 1603 of this chapter concerning standing;

(2) section 1604 of this chapter concerning exhaustion of administrative remedies;

(3) section 1605 of this chapter concerning the time for filing a petition for review; and

(4) section 1613 of this chapter concerning the time for filing the board record for review;

is entitled to judicial review of a final zoning decision.

(c) A person is entitled to judicial review of a nonfinal zoning decision only if the person establishes both of the following:

(1) Immediate and irreparable harm.

(2) No adequate remedy exists at law. The failure of a person to comply with the procedural requirements of this chapter may not be the basis for a finding of an inadequate remedy at law.

As added by P.L.126-2011, SEC.49.
Ind. Code § 36-7-32-2 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-2
Application of definitions in IC 36-7
Status: in_force

Sec. 2. The definitions in IC 36-7-14 and IC 36-7-15.1 apply throughout this chapter.

As added by P.L.192-2002(ss), SEC.187.
Ind. Code § 36-7.5-1-12.5 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-12.5
Repealed
Status: repealed

As added by P.L.197-2011, SEC.148. Repealed by P.L.114-2022, SEC.34.
Ind. Code § 36-7-4-1106 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1106
Miscellaneous provisions; comprehensive plans and ordinances; standards and requirements; manufactured homes; aesthetic standards for certain manufactured homes
Status: in_force

Sec. 1106. (a) This section does not affect a requirement applicable to property that is subject to the jurisdiction of a preservation commission organized under any of the following:

(1) IC 36-7-11.

(2) IC 36-7-11.1.

(3) IC 36-7-11.2.

(4) IC 36-7-11.3.

(b) As used in this section:

(1) "Manufactured home" means a dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).

(2) "Underfloor space" means that space between the bottom of the floor joists and the earth.

(3) "Occupied space" means the total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to, garages, patios and porches.

(4) "Permanent foundation system" includes a pier footing foundation system that is specified as suitable in the manufacturer's installation specifications for a manufactured home.

(c) Comprehensive plans and ordinances adopted under the provisions of this chapter may subject dwelling units and lots to identical standards and requirements, whether or not the dwelling unit to be placed on a lot is a manufactured home or some other type of dwelling unit. These standards and requirements may include but are not limited to the following:

(1) Setback distance.

(2) Side and rear yard area.

(3) Vehicle parking space and parking enclosures.

(4) Minimum square footage of the dwelling unit.

(5) Underfloor space enclosure requirements.

(6) Aesthetics. However, aesthetic standards and requirements pertaining to the home structure itself which are adopted under this section may only pertain to the following:

(A) Roofing materials and siding.

(B) Roof pitch.

(C) Permanent foundation systems of manufactured homes that are located outside of a mobile home community licensed under IC 16-41-27. A unit may require compatibility of a permanent foundation system with surrounding residential structures. However, the unit may not require:

(i) a permanent foundation system that is incompatible with the structural design of the manufactured home; or

(ii) more than one (1) permanent foundation system for a manufactured home.

(d) METRO. Standards and requirements, specified in comprehensive plans and ordinances, adopted under this section for lots and dwelling units may not categorically preclude all manufactured homes that meet the requirements described in subsection (c) and exceed:

(1) twenty-three (23) feet in width; and

(2) nine hundred fifty (950) square feet of occupied space;

from being installed as permanent residences on any lot on which any other type of dwelling unit may be placed.

(e) ADVISORY─AREA. This subsection applies only to lots and dwelling units that are within a city or town's planning and zoning jurisdiction. Standards and requirements, specified in comprehensive plans and ordinances, adopted under this section for lots and dwelling units may not preclude manufactured homes that meet the requirements described in subsection (c) and exceed nine hundred fifty (950) square feet of occupied space from being installed as permanent residences on any lot on which any other type of dwelling unit may be placed.

(f) ADVISORY─AREA. This subsection applies only to lots and dwelling units that are within a county's planning and zoning jurisdiction. Standards and requirements, specified in comprehensive plans and ordinances, adopted under this section for lots and dwelling units are subject to the following:

(1) Except as provided in subdivision (2), the standards and requirements may preclude manufactured homes that meet the requirements described in subsection (c) and exceed:

(A) twelve (12) feet in width; and

(B) five hundred (500) square feet of occupied space;

from being installed as permanent residences on any lot on which any other type of dwelling unit may be placed.

(2) The standards and requirements may not preclude manufactured homes that meet the requirements described in subsection (c) and exceed:

(A) twenty-three (23) feet in width; and

(B) nine hundred fifty (950) square feet of occupied space;

from being installed as permanent residences on any lot on which any other type of dwelling unit may be placed.

As added by Acts 1981, P.L.312, SEC.1. Amended by Acts 1982, P.L.33, SEC.32; P.L.168-2020, SEC.20; P.L.137-2023, SEC.16; P.L.155-2024, SEC.2; P.L.175-2025, SEC.3.
Ind. Code § 36-8-15-4 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-4
"Computer" defined
Status: in_force

Sec. 4. As used in this chapter, "computer" means computer hardware and computer software.

As added by P.L.82-1985, SEC.3.
Ind. Code § 36-3-4-11 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-11
Ordinance or resolution; majority vote; joint passage
Status: in_force

Sec. 11. (a) A majority vote of a legislative body is required to pass an ordinance or resolution, unless a greater vote is required by statute.

(b) Any two (2) or more ordinances or resolutions may be jointly passed by the same vote of a legislative body.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-5-1(f) part; subsection (b) formerly 18-4-5-2(b) part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-8-8-15 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-15
Cost of living adjustment
Status: in_force

Sec. 15. Each year the system board shall determine if there has been an increase or decrease in the consumer price index (United States city average) prepared by the United States Department of Labor by comparing the arithmetic mean of the consumer price index for January, February, and March of that year with the arithmetic mean for the same three (3) months of the preceding year. If there has been an increase, or a decrease, it shall be stated as a percentage of the arithmetic mean for the preceding three (3) month period. The percentage shall be rounded to the nearest one-tenth of one percent (0.1%) and may not exceed three percent (3%). If there is a percentage increase of the arithmetic mean for the preceding three (3) month period, a fund member's or survivor's monthly benefit, beginning with the July payment, shall be increased by an amount equal to the June payment times the percentage increase. However, a fund member's or survivor's monthly benefit may not be increased under this section until July of the year following the year of the first monthly benefit payment to the fund member or survivor. In computing a fund member's benefit, the increase is based only on those years for which the fund member was eligible for benefit payments under this chapter. A monthly benefit may not be reduced if there is a percentage decrease of the arithmetic mean for the preceding three (3) month period.

[Pre-Local Government Recodification Citations: 19-1-17.8-13; 19-1-36.5-13.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.99-2010, SEC.13; P.L.35-2012, SEC.134.
Ind. Code § 36-7-11.2-54 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-54
Notice of filing of petition; referral to commission; reconsideration
Status: in_force

Sec. 54. (a) Notice of:

(1) the filing of a petition with the commission for approval of a proposed use variance; and

(2) the filing of a petition with the development commission for approval of an amendment or the adoption of a zoning ordinance pertaining or applying to Meridian Street or bordering property;

is jurisdictional.

(b) Before referral of a matter to the commission, the development commission or other referring body must be satisfied of the following:

(1) That proper notice of the filing of the petition as required by this chapter has been given.

(2) That copies of:

(A) all petitions, exhibits, drawings, pictures, and other documents intended to be offered in support of the proposed new zoning ordinance or amendment to an existing zoning ordinance; and

(B) the contract described by section 56 or 57 of this chapter;

have been made available to the commission without expense to the commission.

(c) If the development commission discovers, upon hearing, substantial departure from, addition to, or modification of materials presented to the commission, the matter shall be remanded to the commission for an additional sixty (60) day period for reconsideration and further recommendation, if any. The commission may, however, take additional evidence that the commission considers necessary for the purpose of making recommendations on the proposed new zoning ordinance or amendment to an existing zoning ordinance.

(d) The development commission or other referring body:

(1) shall thoughtfully consider the recommendations of the commission; and

(2) may overrule or ignore the recommendations only if the recommendations are:

(A) unsupported by substantial evidence; or

(B) contradicted by a clear preponderance of the evidence;

presented before the development commission.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-4-1-6 — Indiana Code / Title 36 / Article 4 / Chapter 1 / Section 36-4-1-6
Petition to change city to town; summons; trial; issue; order; transition; provisional government
Status: in_force

Sec. 6. (a) A petition to change a city into a town may be filed as a civil action in the circuit court for the county in which the city is located. The petition must be signed by at least two-thirds (2/3) of the taxpayers twenty-one (21) years of age or older who reside in the city.

(b) Whenever a petition is filed under this section, the clerk of the circuit court shall issue a summons to the city in its corporate name. A taxpayer who signed the petition may not withdraw the taxpayer's signature on or after the return date of the summons.

(c) An action under this section shall be tried by the court without a jury, and the only issue to be determined is whether the petition contains the genuine signatures of the number of taxpayers required. If the court finds in the affirmative, it shall enter an order changing the city into a town.

(d) After an order is entered under subsection (c), the executive and the legislative body of the municipality shall organize as a town legislative body, with the executive becoming the town executive, and the remaining officers of the municipality shall exercise only the functions that may be exercised by the corresponding town officers. If none of the functions of a city officer or board is exercised under a town government, that officer or board shall immediately file a final report with and turn over all records and property in the officer's or the board's custody to the town legislative body. After the final report of a former city officer or board is approved by the town legislative body, that office or board is abolished.

(e) The provisional town government provided for in subsection (d) shall serve until the time prescribed by IC 3-10-6-5 for a regular town election.

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

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1983, SEC.11; P.L.5-1986, SEC.43; P.L.127-2017, SEC.121.
Ind. Code § 36-9-3-8 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-8
Board meetings
Status: in_force

Sec. 8. (a) The board shall fix the time and place for holding regular meetings, and it must meet at least once during each calendar quarter of each calendar year.

(b) Special meetings of the board may be called by the chair or by five (5) members of the board upon written request to the secretary. The secretary must send to all members, at least forty-eight (48) hours in advance of a special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting.

[Pre-Local Government Recodification Citation: 19-5-2.5-7 part.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.127-2017, SEC.274.
Ind. Code § 36-7-35-5 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-5
"Property" defined
Status: in_force

Sec. 5. (a) As used in this chapter, "property" means a building or structure:

(1) assessed as real property under IC 6-1.1-4; and

(2) listed in a PMA ordinance.

(b) The term does not include land.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-9-3-13 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-13
Powers and duties of board
Status: in_force

Sec. 13. The board may:

(1) exercise the executive and legislative powers of the authority as provided by this chapter;

(2) as a municipal corporation, sue and be sued in its name;

(3) sell, lease, or otherwise contract for advertising in or on the facilities of the authority;

(4) protect all property owned or managed by the board;

(5) adopt an annual budget;

(6) incur indebtedness in the name of the authority in accordance with this chapter;

(7) acquire real, personal, or mixed property by deed, purchase, or lease and dispose of it for use in connection with or for administrative purposes;

(8) receive gifts, donations, bequests, and public trusts, agree to conditions and terms accompanying them, and bind the authority to carry them out;

(9) receive federal or state aid and administer that aid;

(10) erect the buildings or structures needed to administer and carry out this chapter;

(11) determine matters of policy regarding internal organization and operating procedures not specifically provided for by law;

(12) adopt a schedule of reasonable charges and rents, and collect them from all users of facilities and services within the jurisdiction of the authority;

(13) purchase supplies, materials, and equipment to carry out the duties and functions of the board, in accordance with procedures adopted by the board and under applicable statutes;

(14) employ the personnel necessary to carry out the duties, functions, and powers of the board;

(15) sell any surplus or unneeded real and personal property in accordance with procedures adopted by the board and under applicable statutes;

(16) adopt rules governing the duties of its officers, employees, and personnel, and the internal management of the affairs of the board;

(17) fix the compensation of the various officers and employees of the authority, within the limitations of the total personal services budget;

(18) purchase public transportation services from public or private transportation agencies upon the terms and conditions set forth in purchase of service agreements between the authority and the transportation agencies;

(19) acquire, establish, construct, improve, equip, operate, maintain, subsidize, and regulate public transportation systems within the jurisdiction of the authority;

(20) after receiving a request for assistance from a public transportation system, enter into agreements with government agencies, political subdivisions, private transportation companies, railroads, and other persons providing for:

(A) construction, operation, and use by the other party of any public transportation system and equipment held or later acquired by the authority; and

(B) acquisition of any public transportation system and equipment of another party if all or part of the operations of that party take place within the jurisdiction of the authority;

(21) rent or lease any real property, including air rights above real property owned or leased by a transportation system, for transportation or other purposes, with the revenues from those rentals to accrue to the authority and to be used exclusively for the purposes of this chapter;

(22) negotiate and execute contracts of sale, purchase, or lease, or contracts for personal services, materials, supplies, equipment, or passenger transportation services;

(23) establish at or near its terminals and stations the off-street parking facilities and access roads that are necessary and desirable, and charge fees for or allow free use of those facilities;

(24) enter into agreements with other persons for the purpose of participating in transportation planning activities;

(25) administer any rail services or other use of rail rights-of-way that may be the responsibility of state or local government under the Federal Regional Rail Reorganization Act of 1973, as amended (45 U.S.C. sections 701-794);

(26) determine the level and kind of public transportation services that should be provided by the authority; and

(27) do all other acts necessary or reasonably incident to carrying out the purposes of this chapter.

[Pre-Local Government Recodification Citations: 19-5-2.5-7 part; 19-5-2.5-10.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.9.
Ind. Code § 36-7.5-4.5-7 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-7
"Gross retail tax base period amount"
Status: in_force

Sec. 7. As used in this chapter, "gross retail tax base period amount" means the aggregate amount of state gross retail taxes remitted under IC 6-2.5 by retail merchants for the calendar year in which the district was established under this chapter as determined by the department.

As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.189.
Ind. Code § 36-2-9-15 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-15
Settlement of accounts and demands
Status: in_force

Sec. 15. (a) The auditor shall examine and settle all accounts and demands that are chargeable against the county and are not otherwise provided for by statute.

(b) The auditor shall issue warrants on the county treasury for:

(1) sums of money settled and allowed by the auditor;

(2) sums of money settled and allowed by another official; or

(3) settlements and allowances fixed by statute;

and shall make them payable to the person entitled to payment. The warrants shall be numbered progressively, and the auditor shall record the number, date, amount, payee, and purpose of issue of each warrant at the time it is issued.

[Pre-Local Government Recodification Citations: 17-3-21-4; 17-3-26-1 part.]

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

Sec. 10. The board may finance and construct a building or buildings to be used as a convention center on land owned or leased by the authority and lease that land and building or buildings to the city in which the authority has been created. The board, acting in the name of the authority, also may:

(1) sue and be sued; however, all actions against the authority shall be brought in the circuit or superior courts of the county in which the authority is located;

(2) appropriate, purchase, lease, and hold any real property needed or considered useful in connection with a convention center constructed or to be constructed under this chapter;

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

(4) enter upon any lots or lands for the purpose of surveying or examining them for determining the location of any convention center;

(5) design, order, contract for, and construct a convention center and make all necessary or desirable improvements to the grounds and premises that it acquires;

(6) enter into a lease with the city;

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

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

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-7.5-3-1.7 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-1.7
Development authority expenditure of money for rail project
Status: in_force

Sec. 1.7. (a) This section applies to a rail project.

(b) Notwithstanding section 1.5 of this chapter, and except for revenue received by the development authority and pledged or otherwise obligated to pay bonds or leases entered into before July 1, 2015, for a project other than a rail project, the development authority may expend money received under this article to fund a rail project.

As added by P.L.189-2018, SEC.170.
Ind. Code § 36-7-9-8 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-8
Appeals
Status: in_force

Sec. 8. (a) An action taken by the hearing authority under section 7(d), 7(e), or 9(d) of this chapter or a finding by the hearing authority of abandonment under IC 36-7-37 is subject to review by the circuit or superior court of the county in which the unsafe premises are located, on request of:

(1) any person who has a substantial property interest in the unsafe premises; or

(2) any person to whom that order or finding was issued.

(b) A person requesting judicial review under this section must file a verified complaint including the findings of fact and the action taken by the hearing authority. The complaint must be filed within ten (10) days after the date when the action was taken.

(c) An appeal under this section is an action de novo. The court may affirm, modify, or reverse the action taken by the hearing authority.

[Pre-Local Government Recodification Citation: 18-5-5.5-9.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.169-2006, SEC.61; P.L.247-2015, SEC.44.
Ind. Code § 36-7-14-50 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-50
Powers of commission in implementing age-restricted housing program
Status: in_force

Sec. 50. (a) Except as provided in subsection (b), all the rights, powers, privileges, and immunities that may be exercised by a commission in blighted, deteriorated, or deteriorating areas may be exercised by a commission in implementing its program for age-restricted housing, including the following:

(1) The special tax levied in accordance with section 27 of this chapter may be used to accomplish the purposes of the age-restricted housing program.

(2) Bonds may be issued under this chapter to accomplish the purposes of the age-restricted housing program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area established under section 49 of this chapter, except for refunding bonds or bonds issued in an amount necessary to complete an age-restricted housing program for which bonds were previously issued.

(3) Leases may be entered into under this chapter to accomplish the purposes of the age-restricted housing program.

(4) The tax exemptions set forth in section 37 of this chapter are applicable.

(5) Property taxes may be allocated under section 39 of this chapter.

(b) A commission may not exercise the power of eminent domain in implementing its age-restricted housing program.

As added by P.L.7-2013, SEC.2. Amended by P.L.2-2014, SEC.120.
Ind. Code § 36-7-14-17 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-17
Notice and hearing
Status: in_force

Sec. 17. (a) After receipt of the written order of approval of the plan commission and approval of the municipal legislative body or county executive, the redevelopment commission shall publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1. The notice must:

(1) state that maps and plats have been prepared and can be inspected at the office of the department; and

(2) name a date when the commission will:

(A) receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed project or other actions to be taken under the resolution; and

(B) determine the public utility and benefit of the proposed project or other actions.

All persons affected in any manner by the hearing, including all taxpayers of the special taxing district, shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and orders of the commission by the notice given under this section.

(b) A copy of the notice of the hearing on the resolution shall be filed in the office of the unit's plan commission, board of zoning appeals, works board, park board, and building commissioner, and any other departments, bodies, or officers of the unit having to do with unit planning, variances from zoning ordinances, land use, or the issuance of building permits. These agencies and officers shall take notice of the pendency of the hearing and, until the commission confirms, modifies and confirms, or rescinds the resolution, or the confirmation of the resolution is set aside on appeal, may not:

(1) authorize any construction on property or sewers in the area described in the resolution, including substantial modifications, rebuilding, conversion, enlargement, additions, and major structural improvements; or

(2) take any action regarding the zoning or rezoning of property, or the opening, closing, or improvement of streets, alleys, or boulevards in the area described in the resolution.

This subsection does not prohibit the granting of permits for ordinary maintenance or minor remodeling, or for changes necessary for the continued occupancy of buildings in the area.

(c) If the resolution to be considered at the hearing includes a provision establishing or amending an allocation provision under section 39 of this chapter, the redevelopment commission shall file the following information with each taxing unit that is wholly or partly located within the allocation area:

(1) A copy of the notice required by subsection (a).

(2) A statement disclosing the impact of the allocation area, including the following:

(A) The estimated economic benefits and costs incurred by the allocation area, as measured by increased employment and anticipated growth of real property assessed values.

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

The redevelopment commission shall file the information required by this subsection with the officers of the taxing unit who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10) days before the date of the hearing.

(d) At the hearing, which may be adjourned from time to time, the redevelopment commission shall hear all persons interested in the proceedings and shall consider all written remonstrances and objections that have been filed. After considering the evidence presented, the commission shall take final action determining the public utility and benefit of the proposed project or other actions to be taken under the resolution, and confirming, modifying and confirming, or rescinding the resolution. The final action taken by the commission shall be recorded and is final and conclusive, except that an appeal may be taken in the manner prescribed by section 18 of this chapter.

(e) If the redevelopment commission adopts the resolution and the resolution includes a provision establishing or amending an allocation provision under section 39 of this chapter, the redevelopment commission shall file a copy of the resolution with both the auditor of the county in which the unit is located and the department of local government finance, together with any supporting documents that are relevant to the computation of assessed values in the allocation area, within thirty (30) days after the date on which the redevelopment commission takes final action on the resolution.

[Pre-Local Government Recodification Citations: 18-7-7-14; 18-7-7.1-14.]

As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.45, SEC.29; P.L.38-1988, SEC.8; P.L.18-1992, SEC.25; P.L.25-1995, SEC.83; P.L.146-2008, SEC.728; P.L.214-2019, SEC.32; P.L.257-2019, SEC.115.
Ind. Code § 36-7.7-3-8 — Indiana Code / Title 36 / Article 7.7 / Chapter 3 / Section 36-7.7-3-8
Bylaws and rules
Status: in_force

Sec. 8. A strategy committee shall adopt the bylaws and rules that the strategy committee considers necessary for the proper conduct of the strategy committee's duties and the safeguarding of the development authority's funds and property.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-7-11.3-19 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-19
Members of commission
Status: in_force

Sec. 19. A preservation commission created under this chapter is composed of nine (9) members as follows:

(1) The executive of the city or town:

(A) shall serve as a member of the commission; or

(B) may appoint an individual residing in the city or town to serve in place of the executive.

(2) The executive of the city or the legislative body of the town shall appoint the following:

(A) An architect registered under IC 25-4-1 who is practicing in Indiana.

(B) A professional city planner employed by a planning authority:

(i) of the city;

(ii) if a city planning authority does not exist, of the county; or

(iii) if a county planning authority does not exist, in Indiana.

(C) A landscape architect practicing in Indiana.

(D) A civil engineer certified under Indiana law who is practicing:

(i) in the county in which the area is located; or

(ii) if a civil engineer is not practicing in the county, in Indiana.

(E) Two (2) owners and occupants of residential dwellings in the primary area.

(F) Two (2) individuals from a list of at least four (4) nominees submitted by the society.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-10-3-11 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-11
Board of park and recreation; powers
Status: in_force

Sec. 11. (a) The board may:

(1) subject to subsection (d), enter into contracts and leases for facilities and services;

(2) contract with persons for joint use of facilities for the operation of park and recreation programs and related services;

(3) contract with another board, a unit, or a school corporation for the use of park and recreation facilities or services, and a township or school corporation may contract with the board for the use of park and recreation facilities or services;

(4) subject to subsection (d), acquire and dispose of real and personal property, either within or outside Indiana;

(5) subject to subsection (d), exercise the power of eminent domain under statutes available to municipalities;

(6) sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns, the money received to be deposited in a nonreverting capital fund of the board;

(7) engage in self-supporting activities as prescribed by section 22 of this chapter;

(8) contract for special and temporary services and for professional assistance;

(9) delegate authority to perform ministerial acts in all cases except where final action of the board is necessary;

(10) prepare, publish, and distribute reports and other materials relating to activities authorized by this chapter;

(11) sue and be sued collectively by its legal name, as the "__________ (unit's name) Park and Recreation Board", with service of process being had upon the president of the board, but costs may not be taxed against the board or its members in any action;

(12) invoke any legal, equitable, or special remedy for the enforcement of this chapter, a park or recreation ordinance, or the board's own action taken under either; and

(13) release and transfer, by resolution, a part of the area over which it has jurisdiction for park and recreational purposes to park authorities of another unit for park and recreational purposes upon petition of the park or recreation board of the acquiring unit.

(b) The board may also lease any buildings or grounds belonging to the unit and located within a park to a person for a period not to exceed fifty (50) years. The lease may authorize the lessee to provide upon the premises educational, research, veterinary, or other proper facilities for the exhibition of wild or domestic animals in wildlife parks, dining facilities, swimming facilities, golf courses, skating facilities, dancing facilities, amusement rides generally found in amusement parks, or other recreational facilities. A lease may be made for more than one (1) year only to the highest and best bidder, after notice that the lease will be made has been given by publication in accordance with IC 5-3-1.

(c) Notwithstanding subsection (b), the board may lease buildings or grounds belonging to the unit for a period of more than one (1) year without soliciting the highest and best bidder or providing notice under IC 5-3-1 if:

(1) the buildings or grounds are leased to an Indiana nonprofit corporation;

(2) the buildings or grounds are operated as a public golf course; and

(3) the golf course remains subject to rules and regulations promulgated by the board.

(d) This subsection applies after June 30, 2026. Except as otherwise provided by this subsection, before the board may:

(1) exercise the power of eminent domain under subsection (a)(5);

(2) enter into a contract under subsection (a)(1) with a total cost exceeding the lesser of:

(A) five hundred thousand dollars ($500,000); or

(B) ten percent (10%) of the department's annual budget;

(3) acquire real or personal property under subsection (a)(4) with a total cost exceeding the lesser of:

(A) five hundred thousand dollars ($500,000); or

(B) ten percent (10%) of the department's annual budget; or

(4) approve capital improvements to park facilities or property with a total cost exceeding the lesser of:

(A) five hundred thousand dollars ($500,000); or

(B) ten percent (10%) of the department's annual budget;

the board must obtain approval by the executive of each applicable unit that established the department under this chapter. The board shall provide the applicable unit executive a description of the cost of the service, property, or capital improvement described in subdivisions (1) through (4) and a description of the manner in which the cost will be paid by the board or department.

[Pre-Local Government Recodification Citations: 19-7-4-21 part; 19-7-4-44; 19-7-4-70.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.6; P.L.228-1986, SEC.1; P.L.35-1990, SEC.72; P.L.328-1995, SEC.1; P.L.40-2026, SEC.25.
Ind. Code § 36-8-6-18 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-18
Pension funds governed by other laws
Status: in_force

Sec. 18. If a second or third class city maintains a police pension fund that pays a smaller amount to the beneficiary under prior statutes governing the pension fund, this chapter does not increase those amounts.

[Pre-Local Government Recodification Citation: 19-1-24-6.]

As added by Acts 1981, P.L.309, SEC.55.
Ind. Code § 36-7-32.6-19 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-19
Allocation area designation
Status: in_force

Sec. 19. If the stadium development district is designated under section 14 of this chapter, the executive shall designate the stadium development district as an allocation area for purposes of the allocation and distribution of property taxes. Not later than August 1 of the calendar year immediately following the designation, the executive shall:

(1) set the base assessed value of the allocation area; and

(2) provide notice of the designation and notice of the base assessed value;

to the county auditor, the department of local government finance, the board, and to each taxing unit that has authority to levy property taxes in the geographic area where the stadium development district is located. The notice must state the general boundaries of the stadium development district and include the mailing address of all parcels to include within the stadium development district.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-1-2-4 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-4
"Clerk"
Status: in_force

Sec. 4. "Clerk" means:

(1) clerk of the circuit court, for a county;

(2) county auditor, for a board of county commissioners or county council;

(3) clerk of the city-county council, for a consolidated city;

(4) city clerk, for a second class city;

(5) clerk-treasurer, for a third class city;

(6) clerk-treasurer, for a town; or

(7) chief executive officer of a political subdivision not described in subdivisions (1) through (6).

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.44, SEC.35; P.L.186-2006, SEC.1.
Ind. Code § 36-7.7-2-9 — Indiana Code / Title 36 / Article 7.7 / Chapter 2 / Section 36-7.7-2-9
"Preliminary development plan"
Status: in_force

Sec. 9. "Preliminary development plan" means a preliminary strategic economic development plan prepared under IC 36-7.7-3-3.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-8-7-26 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-26
Special lump sum death benefit in addition to other benefits
Status: in_force

Sec. 26. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 12.4 of this chapter.

(b) A special death benefit of one hundred fifty thousand dollars ($150,000) for a fund member who dies in the line of duty before July 1, 2020, and two hundred twenty-five thousand dollars ($225,000) for a fund member who dies in the line of duty after June 30, 2020, shall be paid in a lump sum by the Indiana public retirement system from the special death benefit fund established under IC 5-10-9.8 to the following relative of a fund member who dies in the line of duty:

(1) To the surviving spouse.

(2) If there is no surviving spouse, to the surviving children (to be shared equally).

(3) If there is no surviving spouse and there are no surviving children, to the parent or parents in equal shares.

(c) The benefit provided by this section is in addition to any other benefits provided under this chapter.

As added by P.L.223-1986, SEC.2. Amended by P.L.225-1991, SEC.2; P.L.53-1993, SEC.3; P.L.49-1998, SEC.5; P.L.118-2000, SEC.16; P.L.1-2001, SEC.43; P.L.35-2012, SEC.111; P.L.40-2017, SEC.20; P.L.99-2020, SEC.10.
Ind. Code § 36-10-7.5-7 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-7
Park governor; authorized actions
Status: in_force

Sec. 7. The park governor may do the following:

(1) Enter into contracts and leases for facilities and services.

(2) Contract with persons for joint use of facilities for the operation of park and recreation programs and related services.

(3) Contract with another park board, a unit, or a school corporation for the use of park and recreation facilities or services. A township or school corporation may contract with the park governor for the use of park and recreation facilities or services.

(4) Acquire and dispose of real and personal property, either within or outside Indiana.

(5) Exercise the power of eminent domain under statutes available to townships.

(6) Sell, lease, or enter into a royalty contract for the natural or mineral resources of park land, the money received to be deposited in a nonreverting capital fund of the department.

(7) Engage in self-supporting activities as prescribed in this chapter.

(8) Contract for special and temporary services and for professional assistance.

(9) Delegate authority to perform ministerial acts in all cases except where final action of the park governor is necessary.

(10) Prepare, publish, and distribute reports and other materials relating to activities authorized by this chapter.

(11) Sue and be sued collectively by its legal name, as the "________________ (township's name) Park and Recreation Department governor", with service of process being had upon the executive, but costs may not be taxed against the township in any action.

(12) Invoke any legal, equitable, or special remedy for the enforcement of:

(A) this chapter;

(B) a park or recreation resolution; or

(C) an action taken by the park governor under this chapter or a resolution.

(13) Release and transfer, by resolution, a part of the area over which the park governor has jurisdiction for park and recreational purposes to park authorities of another unit for park and recreational purposes upon petition of the park or recreation governing authority of the acquiring unit.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.10.
Ind. Code § 36-9-14.5-8 — Indiana Code / Title 36 / Article 9 / Chapter 14.5 / Section 36-9-14.5-8
Cumulative capital development fund; transfer between funds; expenditures
Status: in_force

Sec. 8. (a) The tax money collected under this chapter shall be held in a special fund to be known as the cumulative capital development fund.

(b) In a county having a consolidated city, money may be transferred from the fund to the fund of a department of the consolidated city responsible for carrying out a purpose for which the cumulative capital development fund was created. The department may not expend any money so transferred until an appropriation is made and the department may not expend any money so transferred for operating costs of the department.

(c) Money held in the cumulative capital development fund may be spent for purposes other than the purposes stated in section 2 of this chapter, if the purpose is to protect the public health, welfare, or safety in an emergency situation that demands immediate action or to contribute to an authority established under IC 36-7-23. Money may be spent under the authority of this subsection only after the county executive:

(1) issues a declaration that the public health, welfare, or safety is in immediate danger that requires the expenditure of money in the fund; or

(2) certifies in the minutes of the county executive that the money is contributed to the authority for capital development purposes.

As added by P.L.44-1984, SEC.16. Amended by P.L.82-1985, SEC.4; P.L.346-1989(ss), SEC.8; P.L.17-1995, SEC.30.
Ind. Code § 36-8-1-5 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-5
"1977 fund"
Status: in_force

Sec. 5. "1977 fund" refers to the police officers' and firefighters' pension and disability fund established under IC 36-8-8.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.44.
Ind. Code § 36-9-4-21 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-21
Board of directors; officers
Status: in_force

Sec. 21. On the first day of the first month after their appointment, and annually after that, the directors of a public transportation corporation shall elect one (1) director as chair of the board and one (1) director as secretary.

[Pre-Local Government Recodification Citation: 19-5-2-13.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.127-2017, SEC.279.
Ind. Code § 36-7-10-1 — Indiana Code / Title 36 / Article 7 / Chapter 10 / Section 36-7-10-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the units indicated in each section.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.29. Amended by Acts 1981, P.L.310, SEC.68.
Ind. Code § 36-10-4-3 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-3
Department of public parks; establishment; board of park commissioners; membership; compensation; oath
Status: in_force

Sec. 3. (a) A department of public parks is established as an executive department of the city.

(b) The department is under the control of a board of park commissioners. The board consists of four (4) commissioners appointed by the city executive. Each commissioner must be a freeholder residing in the city, and no more than two (2) commissioners may have the same political affiliation.

(c) A second class city may pay each commissioner an annual salary in an amount fixed by the fiscal body. The commissioners shall be paid their actual expenses upon approval by the city executive.

(d) Before beginning the commissioner's duties, each commissioner shall take and subscribe the usual oath of office. The oath shall be indorsed upon the certificate of appointment and filed with the city clerk. If a commissioner has not filed the commissioner's oath:

(1) within thirty (30) days after the beginning of the commissioner's term; or

(2) by the date of the commissioner's appointment if the commissioner was appointed after the beginning of the term;

the commissioner is considered to have refused to serve and the office becomes vacant.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-9-1 part; 19-7-12-1 part; 19-7-30-1 part; subsections (b), (d) formerly 19-7-9-1 part; 19-7-30-1 part; subsection (c) formerly 19-7-14-1.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.176-2002, SEC.10; P.L.127-2017, SEC.379.
Ind. Code § 36-9-10-2 — Indiana Code / Title 36 / Article 9 / Chapter 10 / Section 36-9-10-2
Obligation of county
Status: in_force

Sec. 2. If:

(1) a county owns real property in a municipality;

(2) the municipality installs a lighting system to light the streets, alleys, and other public places in the municipality;

(3) as a part of that system, street lights are installed along a street abutting on the county property, on the opposite side of the street from the county property; and

(4) there are no street lights on the side of the street on which the county property is located;

the county shall pay the cost of installing, maintaining, and operating street lights in front of its property, on the side of the street on which the property is located.

[Pre-Local Government Recodification Citations: 18-5-16-1 part; 18-5-16-2 part.]

As added by Acts 1981, P.L.309, SEC.83.
Ind. Code § 36-10-16-6 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-6
"District"
Status: in_force

Sec. 6. As used in this chapter, "district" refers to the Midwest continental divide district designated under this chapter.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-4-8-1 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all cities.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-7-11-20 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-20
Changes in paint colors; exclusion from activities requiring certificate of appropriateness
Status: in_force

Sec. 20. In an ordinance approving the establishment of a historic district, a unit may exclude changes in paint colors from the activities requiring the issuance of a certificate of appropriateness under section 10 of this chapter before a permit may be issued or work begun.

As added by P.L.146-1992, SEC.6.
Ind. Code § 36-7-22-6 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-6
Hearing; notice; questions heard
Status: in_force

Sec. 6. (a) After receipt of a petition under section 4 of this chapter, the clerk of the municipality or the county auditor shall, in the manner provided by IC 5-3-1, publish notice of a hearing on the proposed economic improvement district. The clerk of the municipality or the county auditor shall mail a copy of the notice to each owner of real property within the proposed economic improvement district. The notice must include the boundaries of the proposed district, a description of the proposed projects, the proposed formula for determining the percentage of the total benefit to be received by each parcel of property, and the hearing date. The date of the hearing may not be more than sixty (60) days after the date on which the notice is mailed.

(b) At the public hearing under subsection (a), the legislative body shall hear all owners of real property in the proposed district (who appear and request to be heard) upon the questions of:

(1) the sufficiency of the notice;

(2) whether the proposed economic improvement projects are of public utility and benefit;

(3) whether the formula to be used for the assessment of special benefits is appropriate; and

(4) whether the district contains all, or more or less than all, of the property specially benefited by the proposed project.

As added by P.L.195-1988, SEC.1. Amended by P.L.207-2018, SEC.2.
Ind. Code § 36-8-8.3-10 — Indiana Code / Title 36 / Article 8 / Chapter 8.3 / Section 36-8-8.3-10
Suspension of disability benefits for failure to comply with review panel
Status: in_force

Sec. 10. The system board may, during the provisional periods described in sections 5 and 7 of this chapter, suspend a member's disability benefit if the member fails to comply with reasonable requests by the review panel for information pursuant to its authority under this chapter.

As added by P.L.54-2020, SEC.3.
Ind. Code § 36-2-9.5-10 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-10
Settlement of accounts and demands
Status: in_force

Sec. 10. (a) The county auditor shall examine and settle all accounts and demands that are:

(1) chargeable against the county or city; and

(2) not otherwise provided for by statute.

(b) The county auditor shall issue warrants on the county or city treasury for:

(1) sums of money settled and allowed by the county auditor;

(2) sums of money settled and allowed by another official; or

(3) settlements and allowances fixed by statute;

and shall make the warrants payable to the person entitled to payment. The warrants shall be numbered progressively, and the controller shall record the number, date, amount, payee, and purpose of issue of each warrant at the time of issuance.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-7-15.1-60 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-60
Powers of commission in implementing age-restricted housing program
Status: in_force

Sec. 60. (a) Except as provided in subsection (b), all the rights, powers, privileges, and immunities that may be exercised by a commission in blighted, deteriorated, or deteriorating areas may be exercised by a commission in implementing its program for age-restricted housing, including the following:

(1) The special tax levied in accordance with section 19 of this chapter may be used to accomplish the purposes of the age-restricted housing program.

(2) Bonds may be issued under this chapter to accomplish the purposes of the age-restricted housing program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area established under section 59 of this chapter, except for refunding bonds or bonds issued in an amount necessary to complete an age-restricted housing program for which bonds were previously issued.

(3) Leases may be entered into under this chapter to accomplish the purposes of the age-restricted housing program.

(4) The tax exemptions set forth in section 25 of this chapter are applicable.

(5) Property taxes may be allocated under section 26 of this chapter.

(b) A commission may not exercise the power of eminent domain in implementing its age-restricted housing program.

As added by P.L.7-2013, SEC.6. Amended by P.L.2-2014, SEC.121.
Ind. Code § 36-7-31.5-8.5 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-8.5
Limitation on renewal or extension of existing allocation area; required conditions
Status: in_force

Sec. 8.5. Notwithstanding any other law, if the Indiana economic development corporation subsequently designates territory that is located in an existing allocation area under this chapter as an innovation development district under IC 36-7-32.5, the allocation area may not be renewed or extended under this chapter until the term of the innovation development district expires.

As added by P.L.123-2024, SEC.15.
Ind. Code § 36-10-9.5-3 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-3
Board membership; officers; term
Status: in_force

Sec. 3. (a) The board is composed of the following five (5) members:

(1) The director of the office of management and budget, or the director's designee, who shall serve as president of the board.

(2) Two (2) members appointed by the executive of the city.

(3) The public finance director, or the director's designee.

(4) One (1) member selected by the public finance director.

(b) A member appointed under subsection (a)(2) serves an initial term that expires December 31, 2027, and each fourth year thereafter. The member may be reappointed by the appointing authority to subsequent terms.

(c) A member appointed under subsection (a)(4) serves an initial term that expires December 31, 2028, and each fourth year thereafter. The member may be reappointed by the public finance director to subsequent terms.

(d) If a vacancy occurs on the board, the appointing authority shall appoint a new member. That member serves for the remainder of the vacated term.

(e) A member may be removed for cause by the appointing authority who appointed the member.

(f) Each member, before entering upon the duties of office, shall take and subscribe an oath of office in the usual form. The oath shall be endorsed upon the member's certificate of appointment, which shall be promptly filed with the records of the board.

(g) A member does not receive a salary, but is entitled to reimbursement for any expenses necessarily incurred in the performance of the member's duties.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-9-42.2-9 — Indiana Code / Title 36 / Article 9 / Chapter 42.2 / Section 36-9-42.2-9
Repealed
Status: repealed

As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.102. Repealed by P.L.49-2024, SEC.13.
Ind. Code § 36-7-9-28 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-28
Violations; penalties
Status: in_force

Sec. 28. A person who:

(1) remains in, uses, or enters a building in violation of an order made under this chapter;

(2) knowingly interferes with or delays the carrying out of an order made under this chapter;

(3) knowingly obstructs, damages, or interferes with persons engaged or property used in performing any work or duty under this chapter; or

(4) fails to comply with section 27 of this chapter;

commits a Class C infraction. Each day that the violation continues constitutes a separate offense.

[Pre-Local Government Recodification Citation: 18-5-5.5-12.]

As added by Acts 1981, P.L.309, SEC.28.
Ind. Code § 36-9-1-8.5 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-8.5
"Thoroughfare"
Status: in_force

Sec. 8.5. "Thoroughfare" means a public way or public place that is included in the thoroughfare plan of a unit. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders, and utility lines and mains.

As added by P.L.220-1986, SEC.29.
Ind. Code § 36-8-12-8 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-8
Insurance; death benefits; permanent disability; liability coverage; limitations on liability
Status: in_force

Sec. 8. (a) The policy of insurance required by section 6 of this chapter must provide for the payment of a sum not less than one hundred fifty thousand dollars ($150,000) to the beneficiary, beneficiaries, or estate of a volunteer firefighter or member of the emergency medical services personnel if the firefighter or member of the emergency medical services personnel dies from an injury or smoke inhalation occurring while in the performance of the firefighter's or member of the emergency medical services personnel's duties as a volunteer firefighter or member of the emergency medical services personnel or from a cardiac disease event proximately caused within forty-eight (48) hours by or occurring while in the performance of the firefighter's or member of the emergency medical services personnel's duties as a volunteer firefighter or member of the emergency medical services personnel.

(b) The policy of insurance must provide for the payment of a sum not less than one hundred fifty thousand dollars ($150,000) to the volunteer firefighter or member of the emergency medical services personnel if the firefighter or member of the emergency medical services personnel becomes totally and permanently disabled for a continuous period of not less than two hundred sixty (260) weeks as a result of an injury or smoke inhalation occurring in the performance of the firefighter's or member of the emergency medical services personnel's duties as a volunteer firefighter or member of the emergency medical services personnel.

(c) The policy of insurance must also provide for indemnification to a member of a volunteer fire department who becomes partially and permanently disabled or impaired as a result of an injury or smoke inhalation occurring in the performance of the firefighter's or member of the emergency medical services personnel's duties.

(d) For the purposes of this section, partial and permanent disability or impairment shall be indemnified as a percentage factor of a whole person.

(e) In addition to other insurance provided volunteer firefighters or emergency medical services personnel under this chapter, each unit shall be covered by an insurance policy that provides a minimum of three hundred thousand dollars ($300,000) of insurance coverage for the liability of all of the unit's volunteer firefighters or emergency medical services personnel for bodily injury or property damage caused by the firefighters or emergency medical services personnel acting in the scope of their duties while on the scene of a fire or other emergency. The civil liability of a volunteer firefighter or member of the emergency medical services personnel for:

(1) an act that is within the scope of a volunteer firefighter's duties; or

(2) the failure to do an act that is within the scope of a volunteer firefighter's duties;

while performing emergency services at the scene of a fire or other emergency or while traveling in an emergency vehicle from the fire station to the scene of the fire or emergency or from the scene of a fire or emergency back to the fire station is limited to the coverage provided by the insurance policy purchased under this subsection. A volunteer firefighter or member of the emergency medical services personnel is not liable for punitive damages for any act that is within the scope of a volunteer firefighter's or member of the emergency medical services personnel's duties. However, if insurance as required under this subsection is not in effect to provide liability coverage for a volunteer firefighter or member of the emergency medical services personnel, the firefighter or member of the emergency medical services personnel is not subject to civil liability for an act or a failure to act as described in this subsection.

[Pre-Local Government Recodification Citation: 19-1-40-9.]

As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.367-1983, SEC.2; P.L.204-1984, SEC.1; P.L.200-1986, SEC.2; P.L.217-1989, SEC.7; P.L.172-1990, SEC.1; P.L.268-1993, SEC.2; P.L.1-1999, SEC.94; P.L.192-1999, SEC.3; P.L.174-2009, SEC.5.
Ind. Code § 36-7-14-35.1 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-35.1
Repealed
Status: repealed

As added by Acts 1981, P.L.309, SEC.33. Repealed by Acts 1981, P.L.310, SEC.94.
Ind. Code § 36-9-4-5 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-5
Financial assistance from municipality; necessary findings; types of assistance
Status: in_force

Sec. 5. (a) The municipal legislative body may furnish the urban mass transportation system with the financial assistance necessary to enable the system to provide adequate service within the municipality, if the legislative body finds:

(1) that the system is unable to render that service or that there is imminent danger that the system will be unable to render that service; and

(2) that the system is:

(A) necessary to relieve traffic congestion in the municipality;

(B) necessary for the proper use of the factories, stores, warehouses, offices, schools, recreational facilities, and other places where members of the general public congregate;

(C) necessary to expand the economic and social opportunities available to residents of the municipality, especially those who cannot freely move about without the services of the system;

(D) a substantial factor in maintaining real property values in the municipality; or

(E) a substantial factor in providing public housing, redevelopment of blighted areas, and publicly owned offstreet parking facilities.

(b) The municipal legislative body may furnish assistance under this section by:

(1) making grants to the system;

(2) purchasing buses or real property from the system or from any other source for lease to the system; or

(3) making both grants and purchases.

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

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-2-9-6 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-6
Standard forms for use in transaction of business
Status: in_force

Sec. 6. The auditor shall furnish standard forms for use in the transaction of business under this article and for use in the performance of services for which the auditor receives a specific fee.

[Pre-Local Government Recodification Citations: 17-1-24-42 part; 17-2-44-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.53.
Ind. Code § 36-1-12-0.1 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-0.1
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 21 of this chapter by P.L.20-1991 applies to public works contracts for which notices calling for sealed proposals for the work are published after June 30, 1991.

(2) The amendments made to this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.

As added by P.L.220-2011, SEC.641.
Ind. Code § 36-8-16.6-22 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-22
Repealed
Status: repealed

As added by P.L.113-2010, SEC.151. Repealed by P.L.132-2012, SEC.19.
Ind. Code § 36-8-10-12.5 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-12.5
Purchase of service credit earned in certain Indiana public retirement funds
Status: in_force

Sec. 12.5. (a) This section applies after June 30, 2009, to active employee beneficiaries in a retirement plan established under this chapter.

(b) As used in this section, "public retirement fund" refers to any of the following, either singly or collectively:

(1) The public employees' retirement fund (IC 5-10.3).

(2) The Indiana state teachers' retirement fund (IC 5-10.4).

(3) The state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund (IC 5-10-5.5).

(4) The state police pension trust (IC 10-12).

(5) The 1977 police officers' and firefighters' pension and disability fund (IC 36-8-8).

(6) A retirement plan established under this chapter by a department other than the department that employs the employee beneficiary who desires to purchase service credit under this section.

(c) Subject to subsection (j), if an employee beneficiary:

(1) has not attained vested status in; and

(2) is not an active participant in;

a public retirement fund other than the retirement plan established under this chapter by the department that employs the employee beneficiary, the employee beneficiary may make a transfer described in subsection (d) for the amount in the public retirement fund that is attributable to contributions made by or on behalf of the employee beneficiary (plus credited earnings).

(d) An employee beneficiary described in subsection (c) may transfer the amount described in subsection (c) to a retirement plan established under this chapter by the department that employs the employee beneficiary in order to purchase service credit in the retirement plan for the employee beneficiary's prior service in a public retirement fund.

(e) A transfer under subsection (d) is irrevocable. A transfer cannot exceed the amount necessary to fund the service purchase under subsection (d). Any amounts in the public retirement fund after the transfer shall remain subject to the public retirement fund's provisions.

(f) If an employee beneficiary makes a transfer under subsection (d), the employee beneficiary is entitled to receive service credit for the transferred amount equal to the service credit that would be purchased by a contribution of the same amount computed at the actuarial present value for an individual whose salary or wages and age would be the same as the salary or wages and age of the employee beneficiary on the transfer date.

(g) Before a transfer is made under this section, the employee beneficiary must complete any forms required by:

(1) the public retirement fund from which the employee beneficiary is requesting a transfer; and

(2) the retirement plan established under this chapter to which the transfer is being made.

(h) An employee beneficiary who makes a transfer under subsection (d) must have at least the number of years of credited service necessary to receive an unreduced pension benefit in a retirement plan established under this chapter by the department that employs the employee beneficiary before the employee beneficiary may receive a benefit based on the amount transferred under this section.

(i) An employee beneficiary who:

(1) makes a transfer under subsection (d); and

(2) terminates employment before satisfying the eligibility requirements necessary to receive a monthly pension;

may withdraw the transferred amount, plus accumulated interest, from the retirement plan established under this chapter by the department that employs the employee beneficiary after submitting to the retirement plan established under this chapter a properly completed application for a refund. If a withdrawal of the transferred amount occurs under this subsection, the benefit payable to the employee beneficiary from the retirement plan established under this chapter shall be adjusted as necessary to ensure that the plan remains actuarially cost neutral to the county.

(j) The department may deny an application to transfer an amount under this section if the transfer would exceed the limitations under Section 415 of the Internal Revenue Code.

(k) If an employee beneficiary makes a transfer under subsection (d), the employee beneficiary waives all credit for the employee beneficiary's service in the public retirement fund from which the amount is transferred or paid.

(l) To the extent permitted by the Internal Revenue Code and applicable regulations, a retirement plan established under this chapter may accept, on behalf of an employee beneficiary who is purchasing permissive service credit under this section, a rollover of a distribution from any of the following:

(1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.

(2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state under Section 457(b) of the Internal Revenue Code.

(4) An individual retirement account or annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.

(m) To the extent permitted by the Internal Revenue Code and applicable regulations, a retirement plan established under this chapter may accept, on behalf of an employee beneficiary who is purchasing permissive service credit under this section, a trustee to trustee transfer from any of the following:

(1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.

As added by P.L.98-2009, SEC.2.
Ind. Code § 36-12-7-10 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-10
Electronic funds transfer
Status: in_force

Sec. 10. (a) As used in this section, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, or computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account.

(b) A library board may adopt a resolution to authorize an electronic funds transfer method of payment of claims. If a library board adopts a resolution under this subsection, the public library may pay money from its funds by electronic funds transfer.

(c) A public library that pays a claim by electronic funds transfer shall comply with all other requirements for the payment of claims by the public library.

As added by P.L.113-2010, SEC.166.
Ind. Code § 36-9-43-4 — Indiana Code / Title 36 / Article 9 / Chapter 43 / Section 36-9-43-4
"Supplemental funding agreement"
Status: in_force

Sec. 4. As used in this chapter, "supplemental funding agreement" refers to a supplemental funding agreement entered into under section 8 of this chapter between:

(1) a regional development authority; and

(2) the Indiana department of transportation or a political subdivision.

As added by P.L.229-2017, SEC.43.
Ind. Code § 36-2-5-2 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-2
Taxation; appropriations
Status: in_force

Sec. 2. (a) The county fiscal body shall fix:

(1) the rate of taxation for county purposes; and

(2) the rate of taxation for other purposes whenever the rate is not fixed by statute and is required to be uniform throughout the county.

(b) The county fiscal body shall appropriate money to be paid out of the county treasury, and money may be paid out of the treasury only under an appropriation made by the fiscal body, except as otherwise provided by law.

[Pre-Local Government Recodification Citations: 17-1-24-14; 17-1-28-10 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.151.
Ind. Code § 36-9-31-24 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-24
Energy byproduct sales
Status: in_force

Sec. 24. An energy byproduct of a facility may not be sold to a person already being served the same type of energy by a public utility subject to regulation by the utility regulatory commission; however, an energy byproduct of a facility may be sold to a person who:

(1) after the in-service date of the facility is not receiving the same type energy from the public utility; or

(2) constructs a new facility that is not served the same type energy by the public utility.

In the case of a new facility that is not served the same type energy by the public utility, the energy byproduct must first be offered to the public utility upon the same terms and conditions agreed to in good faith, by the person who constructs the new facility. If the public utility fails to accept, in writing, the purchase of the energy byproduct upon those terms and conditions within forty-five (45) days after the date the offer is made to the public utility, then the energy byproduct may be sold directly to the person by the facility.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.23-1988, SEC.130.
Ind. Code § 36-7-30.3-6 — Indiana Code / Title 36 / Article 7 / Chapter 30.3 / Section 36-7-30.3-6
Purpose of a district
Status: in_force

Sec. 6. The purpose of a district is to:

(1) facilitate land use planning within the district to foster development that is:

(A) compatible with an installation's military operations; and

(B) less sensitive to the particular effect of military operations that negatively impacts the district; and

(2) control development that impedes an installation's ability to conduct military operations.

As added by P.L.43-2023, SEC.5.
Ind. Code § 36-10-10-7 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-7
Board; bylaws; meetings; quorum; approval of actions; reimbursement of expenses
Status: in_force

Sec. 7. The board may adopt the bylaws and resolutions that it considers necessary for the proper conduct of proceedings, the carrying out of its duties, and the safeguarding of the funds and property of the authority. Regular and special meetings shall be held at the times that the board determines and upon notice that it fixes, either by resolution or in accordance with the bylaws. A majority of the directors constitutes a quorum, and the concurrence of a majority is necessary to authorize any action. Directors serve without pay but are entitled to reimbursement for any expenses necessarily incurred in the performance of their duties.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-9-29-27 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-27
Validity of bonds issued
Status: in_force

Sec. 27. An action to question the validity of any of the bonds issued under this chapter, or to prevent their issuance, must be brought by the time fixed in the bond sale notice for the receiving of bids. After that time, the bonds may not be contested for any cause.

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

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-8-3-3 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-3
Organization of safety boards; appointment, numbers, and compensation of police officers, firefighters, and other officials; division of city into precincts and districts; authority of chiefs
Status: in_force

Sec. 3. (a) A majority of the members of the safety board constitutes a quorum. The board shall adopt rules concerning the time of holding regular and special meetings and of giving notice of them. The board shall elect one (1) of its members chair, who holds the position as long as prescribed by the rules of the board. The board shall record all of its proceedings.

(b) The members of the safety board may act only as a board. No member may bind the board or the city except by resolution entered in the records of the board authorizing the member to act in its behalf as its authorized agent.

(c) The safety board shall appoint:

(1) the members and other employees of the police department other than those in an upper level policymaking position;

(2) the members and other employees of the fire department other than those in an upper level policymaking position;

(3) a market master; and

(4) other officials that are necessary for public safety purposes.

(d) The annual compensation of all members of the police and fire departments and other appointees shall be fixed by ordinance of the legislative body not later than November 1 of each year for the ensuing budget year. The ordinance may grade the members of the departments and regulate their pay by rank as well as by length of service. If the legislative body fails to adopt an ordinance fixing the compensation of members of the police or fire department, the safety board may fix their compensation, subject to change by ordinance. No ordinance or safety board action to fix compensation under this subsection may provide for any increase in the compensation of any member of the police department or fire department, or any other appointee, from the prior budget year if the city has not fixed a budget, tax rate, and tax levy for the ensuing budget year in compliance with IC 6-1.1-17-5 and IC 36-4-7-11.

(e) The safety board, subject to ordinance, may also fix the number of members of the police and fire departments and the number of appointees for other purposes and may, subject to law, adopt rules for the appointment of members of the departments and for their government.

(f) The safety board shall divide the city into police precincts and fire districts.

(g) The police chief has exclusive control of the police department, and the fire chief has exclusive control of the fire department, subject to the rules and orders of the safety board. In time of emergency, the police chief and the fire chief are, for the time being, subordinate to the city executive and shall obey the city executive's orders and directions, notwithstanding any law or rule to the contrary.

[Pre-Local Government Recodification Citations: 18-1-11-2 part; 19-1-28-1 part.]

As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.315, SEC.1; Acts 1982, P.L.33, SEC.36; P.L.35-1999, SEC.7; P.L.125-2001, SEC.6; P.L.173-2003, SEC.31; P.L.169-2006, SEC.78; P.L.33-2010, SEC.2; P.L.118-2012, SEC.2; P.L.127-2017, SEC.223; P.L.156-2024, SEC.36.
Ind. Code § 36-7-39-1 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-1
"Commission"
Status: in_force

Sec. 1. As used in this chapter, "commission" means the northeast Indiana strategic development commission established by section 3 of this chapter.

As added by P.L.58-2021, SEC.1.
Ind. Code § 36-3-5.5-7 — Indiana Code / Title 36 / Article 3 / Chapter 5.5 / Section 36-3-5.5-7
Recordkeeping
Status: in_force

Sec. 7. The individual who holds an office described in section 1 of this chapter shall maintain written documentation of the training courses that the individual completes toward the requirements of this chapter.

As added by P.L.257-2019, SEC.110.
Ind. Code § 36-1-9.5-51 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-51
Appeal hearing request; notice of time and place; burden of proof
Status: in_force

Sec. 51. (a) If a contractor is dissatisfied with the decision under section 50 of this chapter, the contractor may make a written request by certified or registered mail or personal service within fifteen (15) days after receiving the decision for an appeal hearing.

(b) A contractor shall send a request under this section to the prequalification administrator. After receiving the request, the entity shall serve written notice of the date, place, and time of the hearing and written notice of the appointment of an administrative law judge on the contractor.

(c) A hearing shall be held not later than fourteen (14) days after the receipt of the request, unless otherwise ordered by an administrative law judge.

(d) At the hearing, the contractor bears the burden of proof.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-4-1321 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1321
Fee schedule or formula; requirements; limitations
Status: in_force

Sec. 1321. (a) An impact fee schedule or formula described in section 1320 of this chapter shall be prepared so that the impact fee resulting from the application of the schedule or formula to a development meets the requirements of this section. However, this section does not require that a particular methodology be used in preparing the schedule or formula.

(b) As used in this section, "impact costs" means a reasonable estimate, made at the time the impact fee is assessed, of the proportionate share of the costs incurred or to be incurred by the unit in providing infrastructure of the applicable type in the impact zone that are necessary to provide the community level of service for the development. The amount of impact costs may not include the costs of infrastructure of the applicable type needed to raise the current level of service in the impact zone to the community level of service in the impact zone for development that is existing at the time the impact fee is assessed.

(c) As used in this section, "nonlocal revenue" means a reasonable estimate, made at the time the impact fee is assessed, of revenue that:

(1) will be received from any source (including but not limited to state or federal grants) other than a local government source; and

(2) is to be used within the impact zone to defray the capital costs of providing infrastructure of the applicable type.

(d) As used in this section, "impact deductions" means a reasonable estimate, made at the time the impact fee is assessed, of the amounts from the following sources that will be paid during the ten (10) year period after assessment of the impact fee to defray the capital costs of providing infrastructure of the applicable types to serve a development:

(1) Taxes levied by the unit or on behalf of the unit by an applicable infrastructure agency that the fee payer and future owners of the development will pay for use within the geographic area of the unit.

(2) Charges and fees, other than fees paid by the fee payer under this chapter, that are imposed by any of the following for use within the geographic area of the unit:

(A) An applicable infrastructure agency.

(B) A governmental entity.

(C) A not-for-profit corporation created for governmental purposes.

Charges and fees covered by this subdivision include tap and availability charges paid for extension of services or the provision of infrastructure to the development.

(e) An impact fee on a development may not exceed:

(1) impact costs; minus

(2) the sum of nonlocal revenues and impact deductions.

As added by P.L.221-1991, SEC.22.
Ind. Code § 36-9-25-11.2 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-11.2
Fees; notice of delinquency
Status: in_force

Sec. 11.2. If a fee established under section 11 of this chapter is not paid within the time fixed by the board, a copy of any notice of delinquency sent to a delinquent user who is a tenant must be sent to the owner of the property occupied by the tenant at the latest address of the owner as shown on the property tax records of the county in which the property is located.

As added by P.L.237-1997, SEC.1. Amended by P.L.257-2019, SEC.164.
Ind. Code § 36-12-1-11 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-11
Class 2 libraries; operation under IC 36-12-7; election to adopt other provisions
Status: in_force

Sec. 11. (a) Class 2 libraries shall operate under the applicable provisions of IC 36-12-7.

(b) The library boards of Class 2 libraries may elect to adopt:

(1) IC 36-12-2-22;

(2) IC 36-12-2-24;

(3) IC 36-12-2-25; and

(4) IC 36-12-3.

(c) Class 2 libraries that elect only the sections set forth in subsection (b) retain the status of Class 2 libraries.

(d) The library board of the Class 2 libraries that elect only the sections set forth in subsection (b) shall file with the Indiana state library a copy of the part of the library board's minutes showing passage of the board's resolution to elect:

(1) IC 36-12-2-22;

(2) IC 36-12-2-24;

(3) IC 36-12-2-25; and

(4) IC 36-12-3.

(e) The election of IC 36-12-2-22, IC 36-12-2-24, IC 36-12-2-25, and IC 36-12-3 is irrevocable.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-6.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-14-37 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-37
Redevelopment districts and departments; tax exemptions
Status: in_force

Sec. 37. (a) Real property acquired by the redevelopment district is exempt from taxation while owned by the district.

(b) All receipts of the department of redevelopment, including receipts from the sale of real property, personal property, and materials disposed of, are exempt from all taxes.

(c) All other property of the department of redevelopment is exempt from taxation.

[Pre-Local Government Recodification Citations: 18-7-7-35; 18-7-7.1-36.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.192-2002(ss), SEC.176.
Ind. Code § 36-8-2.2-4 — Indiana Code / Title 36 / Article 8 / Chapter 2.2 / Section 36-8-2.2-4
Notice of termination or demotion
Status: in_force

Sec. 4. A firefighter has at least the rights set forth in this chapter, in a meeting at which the chief of the fire department notifies the firefighter of the firefighter's:

(1) termination; or

(2) demotion with cause.

As added by P.L.140-2017, SEC.1.
Ind. Code § 36-7-17.1-12 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-12
Retention of deed by unit; property deemed municipal property; tax exemption
Status: in_force

Sec. 12. Property acquired or held under this chapter with retention of the deed by the unit is considered property of the unit held for municipal purposes and is exempt from property taxation. This property tax exemption becomes effective on the date of conveyance to the unit. A petition to cancel taxes or a certified application for exemption is not required for property acquired or held under this chapter.

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-7-11.2-44 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-44
Filing of agreement
Status: in_force

Sec. 44. A petitioner shall do the following:

(1) File an agreement signed under section 42 of this chapter, including a request for a public hearing, at least fourteen (14) days before the regular meeting of the commission at which the petitioner requests the hearing.

(2) On or before the date of the filing, serve in the manner notices must be served under this chapter a copy of the request and the agreement upon the following:

(A) Each neighborhood association.

(B) Each interested party who, not later than five (5) days after the hearing for which the commission entered a temporary order concerning the zoning variance or the certificate of appropriateness sought by the petitioner, filed with the commission a request that the agreement or request be served upon the interested party.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-9-31-2 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Board" refers to the board of public works of the consolidated city, subject to IC 36-3-4-23.

"Byproduct" means energy and materials from wastes in a form that will allow their reuse.

"Byproduct recovery facility" means a facility for the systematic separation and recovery of energy and recyclable material from waste.

"Cost" as applied to a facility, or any part of a facility, includes the cost of construction, modification, or acquisition of the facility, or any part of it, financing charges, interest before and during construction and for one (1) year after commencement of operation of the facility, cost of funding any reserves to secure the payment of principal and interest on the bonds, cost of funding any operation and maintenance reserve fund, cost of funding any major repair or replacement fund, legal and underwriting expenses, plans, specifications, surveys, estimates of costs and revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing the facility, administrative expense, and such other expenses as may be necessary or incident to the construction, modification, or acquisition of the facility, the financing of the construction, modification, or acquisition, and the placing of the facility in operation.

"Developer" means any person that proposes to enter into or has entered into a financing agreement with the consolidated city for financing a facility and that proposes to enter into or has entered into a separate agreement with some other person for the use and operation of the facility so financed.

"Disposal" includes the treatment of as well as the placing, processing, confining, compacting, storing, or covering of waste.

"Facility" means any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture, or other real or personal property that is to be used, occupied, or employed for the storage, processing, or disposal of waste or the recovery and marketing by any means of any byproduct, such as recycling centers, transfer stations, trucks, bailing facilities, rail haul or barge haul facilities, processing systems, byproduct recovery facilities or other facilities for reducing waste volume, sanitary landfills, plants and facilities for compacting, composting, or pyrolization of wastes, incinerators, and other waste disposal, reduction, or conversion facilities or any combination thereof. The term excludes any energy generating facility that does not rely on waste as its primary fuel source and any facility regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14.

"Financing agreement" includes an agreement between the consolidated city and a developer or between a developer or user, or both, concerning the financing of, the title to, or possession of facilities, or both, and payments to the city in respect thereof.

"Grant" means money to be received from the federal government or any of its agencies, or the state or any of its agencies, intended to be used for the construction, modification, or acquisition of waste disposal facilities. The term also includes federal revenue-sharing money to which the consolidated city is entitled.

"Net revenues" means the amount of revenues received by the consolidated city from the operation and ownership of facilities less the reasonable expenses of the operation, repair, and maintenance of these facilities.

"Processing" means an operation for the purpose of modifying the characteristics or properties of waste to facilitate transportation of, disposal of, or the recovery of byproducts from waste.

"Proposal" means a written response to a request for proposals.

"Proposer" means any person that has submitted a proposal in response to a request for proposals issued to the person by the board.

"Public notice" means a notice published in accordance with IC 5-3-1.

"Put or pay contract" means a contract entered into by the consolidated city with any person whereby the city guarantees the provision of a specified amount of waste to the person and the city is obligated to pay the person a specified amount for waste that is not so provided.

"Request for proposals" means an invitation to submit a proposal to the consolidated city for the construction, modification, acquisition, operation, or combination of any of these, of the facility under section 4 of this chapter.

"Request for qualifications" means an invitation by the consolidated city to any person to submit qualifications in order to qualify to submit a proposal.

"Revenue bonds" means bonds issued under section 10 of this chapter.

"Revenues" means the amounts received by the consolidated city from the operation or ownership of facilities, including amounts received from the collection of fees under section 8 of this chapter, amounts received under financing agreements under section 11 of this chapter, tipping fees, lease rentals, and amounts received from the sale or other disposition of byproducts, but not including any amounts derived from the levy of taxes.

"Service district" means the solid waste collection special service district created by IC 36-3-1-6.

"Solid waste" has the meaning set forth in IC 36-9-30-2, except that the term excludes sewage and other highly diluted water-carried materials or substances and those in gaseous forms, excludes waste when the waste is to be reused or reclaimed as salvage, and excludes waste regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14.

"Tipping fees" means the charge by any person for the disposal of waste at a facility.

"User", for purposes of section 11 of this chapter only, means a person that has entered into a financing agreement with the consolidated city, or with a developer, in contemplation of the user's use and operation of the facilities referred to in the agreement.

"Waste" includes solid waste and water disposed of in conjunction with the disposal of solid waste, as well as liquid waste (consisting of sludge from air or water pollution control facilities or water supply treatment facilities), when disposed of in conjunction with the disposal of solid waste.

"Waste disposal development bonds" means bonds issued under section 11 of this chapter.

"Waste disposal district" means the waste disposal special taxing district referred to in IC 36-3-1-6.

"Waste disposal district bonds" means bonds issued under section 9 of this chapter.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.1-1996, SEC.95.
Ind. Code § 36-9-27.4-10 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-10
Required contents of petition
Status: in_force

Sec. 10. A petition filed by a person described in section 9(1) of this chapter must include the following:

(1) A general description of the tract of land owned by the petitioner.

(2) A general explanation of the need for the removal of the obstruction.

(3) A general description of the site of the obstruction.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-7-1-18 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-18
"Redevelopment"
Status: in_force

Sec. 18. "Redevelopment" includes the following activities:

(1) Acquiring real property in areas needing redevelopment.

(2) Replatting and determining the proper use of real property acquired.

(3) Opening, closing, relocating, widening, and improving public ways.

(4) Relocating, constructing, and improving sewers, utility services, offstreet parking facilities, and levees.

(5) Laying out and constructing necessary public improvements, including parks, playgrounds, and other recreational facilities.

(6) Restricting the use of real property acquired according to law.

(7) Repairing and maintaining buildings acquired, if demolition of those buildings is not considered necessary to carry out the redevelopment plan.

(8) Rehabilitating real or personal property to carry out the redevelopment or urban renewal plan, regardless of whether the real or personal property is acquired by the unit.

(9) Investigating and remediating environmental contamination on real property to carry out the redevelopment or urban renewal plan, regardless of whether the real property is acquired by the unit.

(10) Disposing of property acquired on the terms and conditions and for the uses and purposes that best serve the interests of the units served by the redevelopment commission.

(11) Making payments required or authorized by IC 8-23-17.

(12) Performing all acts incident to the statutory powers and duties of a redevelopment commission.

[Pre-Local Government Recodification Citations: 18-7-4-119; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.18. Amended by Acts 1982, P.L.77, SEC.7; P.L.18-1990, SEC.291; P.L.185-2005, SEC.5; P.L.221-2007, SEC.28.
Ind. Code § 36-7-23-10 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-10
Appointed members of board of directors
Status: in_force

Sec. 10. (a) A member appointed under section 9 of this chapter must be a resident of the unit whose officials or representatives make the appointment.

(b) A member appointed under section 9(1) or 9(2) of this chapter by a unit executive or unit fiscal body must be an elected official of the unit whose officials or representatives make the appointment.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.10.
Ind. Code § 36-8-25-6 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-6
Department powers and duties
Status: in_force

Sec. 6. (a) The department may:

(1) provide a T-CPR training program or continuing education course; or

(2) approve a T-CPR training program or continuing education course provided by a third party;

that meets the requirements of this chapter.

(b) The department shall establish requirements and a certification program for third party T-CPR instructors that provide T-CPR training programs or continuing education courses.

As added by P.L.54-2019, SEC.4. Amended by P.L.187-2021, SEC.156.
Ind. Code § 36-10-4-5 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-5-b
Second class city; resolution to extend boundaries; remonstrance; referendum; election; effective date of extension; operation of parks
Status: in_force

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

Sec. 5. (a) In a second class city, the board may adopt a resolution to extend the boundaries of the district to the county boundaries unless the county has already established a park district under IC 36-10-3. The board must file a certified copy of the resolution with the county auditor and county treasurer. Notice of the adoption of the resolution shall be given by publication once each week for two (2) weeks in accordance with IC 5-3-1:

(1) with each publication of notice in a newspaper in accordance with IC 5-3-1 in the county; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web site of the county.

(b) Whenever the board has adopted a resolution under subsection (a), remonstrances may be filed by the affected voters within ninety (90) days after the last publication under subsection (a). Remonstrances must be signed in ink by the voter in person and state the address of each signer and that the signer is a registered voter. A person who signs a remonstrance when the person is not a registered voter commits a Level 6 felony. More than one (1) voter may sign the same remonstrance.

(c) A vote on the public question shall be held if at least the number of the registered voters of the county required under IC 3-8-6-3 to place a candidate on the ballot file remonstrances under subsection (b) with the county clerk protesting the extension of the district.

(d) The county clerk shall certify to the county election board in accordance with IC 3-10-9-3 whether or not the required number of registered voters of the county have filed remonstrances. If sufficient remonstrances have been filed, the county election board shall publish a notice of the election once a week for two (2) consecutive weeks in accordance with IC 5-3-1-1.5:

(1) with each publication of notice in a newspaper in accordance with IC 5-3-1 in the county; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web site of the county.

The first publication of the notice must be at least thirty (30) days before the date of the election. The question presented to the voters at the election shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the county park district be established?". The election is governed by IC 3 whenever not in conflict with this chapter. The county election board shall make a return of the votes cast at the referendum.

(e) If a majority of the votes cast are against the extension of the district, the district is not extended. If sufficient remonstrances are not filed or if a majority of the votes cast support the extension of the district, the district is extended.

(f) The extension of the district is effective on January 1 of the year following the adoption of the resolution or, if an election is held, on January 1 of the year following the date of the election.

(g) A municipality that becomes part of a district by reason of the extension of the district under this section may continue to establish, maintain, and operate parks and other recreational facilities under any other law. The parks and other recreational facilities shall be operated by the municipality separate from the parks and other recreational facilities under the jurisdiction of the board in the same manner as they would be operated by the municipality if it was not within the district.

(h) The operation of separate parks or recreational facilities by a municipality does not affect the obligation of property owners within the municipality to pay all taxes imposed on property within the district.

(i) The legislative body of a municipality may elect that the separate parks or other recreational facilities of the municipality be maintained or operated as a part of the district by adopting a resolution or an ordinance to that effect. The separate park or other recreational facility comes under the jurisdiction of the board at the time specified in the resolution or ordinance.

[Pre-Local Government Recodification Citations: 3-1-32-10; 19-7-30-2.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.358-1987, SEC.3; P.L.3-1987, SEC.569; P.L.12-1995, SEC.133; P.L.158-2013, SEC.681; P.L.152-2021, SEC.41; P.L.157-2026, SEC.282.
Ind. Code § 36-10-3-4.1 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-4.1
Town board; waiver of requirements
Status: in_force

Sec. 4.1. A town legislative body may, by a majority vote, waive any or all of the following requirements of a town board member under section 4(c) of this chapter:

(1) The requirement that a member of the town board be affiliated with a political party.

(2) The requirement that not more than two (2) of the four (4) members of the town board be affiliated with the same political party.

A town legislative body may vote for a waiver only if the waiver is necessary due to the absence of persons who are willing to serve on the town board and who satisfy any or all of the requirements.

As added by P.L.128-2007, SEC.2. Amended by P.L.72-2018, SEC.21.
Ind. Code § 36-1-9.5-28 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-28
Contractor evaluation forms; confidentiality
Status: in_force

Sec. 28. (a) For the purpose of determining competency and responsibility the prequalification administrator may send evaluation forms to either of the following:

(1) Persons with whom the contractor has had business relationships.

(2) Persons who have used the services of the contractor's employees.

(b) An entity shall keep confidential all responses received under this section. However, upon request of a contractor, an entity shall allow that contractor to inspect the responses received under this section in regard to the evaluation of that contractor.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-29-14 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-14
Form of bonds
Status: in_force

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

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

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

(3) bear the date or dates;

(4) bear the maximum interest rates, if fixed rates are used, or specify any manner in which the interest rate will be determined, if variable or adjustable rates are used;

(5) be redeemable before their stated maturities on the terms and conditions and at premiums as determined by the board;

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

(7) be in a form, either book entry or registered, or both;

(8) carry registration conversion privileges;

(9) be payable in a medium of payment and at a place or places, which may be at any one (1) or more banks or trust companies within or outside Indiana;

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

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

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

(13) contain other terms and covenants;

as provided in the resolution of the board authorizing the district bonds.

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

(c) The district bonds issued under this chapter may bear either the impressed or facsimile seal of the district and shall be executed by the manual or facsimile signature of the chairperson of the board and attested by the manual or facsimile signature of the treasurer of the district, if one (1) of these signatures is manual. However, any signatures may be facsimiles if the bonds are to be manually authenticated by a fiduciary.

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

(e) The district bonds issued under this chapter may be sold at public or private sale for the price or prices that may be provided in the resolution authorizing their issuance.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-8-15-17 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-17
Proceeds; disposition; public communications systems and computer facilities district bond fund
Status: in_force

Sec. 17. All proceeds from the sale of bonds issued under section 15 of this chapter shall be kept as a separate and specific fund to be known as the public communications systems and computer facilities district bond fund. The bond fund shall be used to pay for the cost of acquisition of real and personal property, the cost of the installation of the facilities, and all costs and expenses incurred in connection therewith, and no part may be used for any other purpose. The bond fund shall be deposited at interest with a depository or depositories of other public funds of the consolidated city, and all interest collected on it belongs to the bond fund.

As added by P.L.82-1985, SEC.3.
Ind. Code § 36-9-4-13.5 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-13.5
Public transportation corporations in certain counties; city in county having second largest population
Status: in_force

Sec. 13.5. (a) This section applies to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(b) The taxing district of a public transportation corporation under this section includes all the territory inside the corporate boundaries of the two (2) cities in the county having the largest populations and such suburban territory as provided in section 13 of this chapter.

(c) This section applies upon the adoption of substantially identical ordinances approving subsection (b) by both:

(1) the public transportation corporation incorporating the additional territory; and

(2) the legislative body of the city being added to the taxing district of the public transportation corporation.

(d) Whenever the city in the county having the second largest population becomes a part of the public transportation corporation, then two (2) additional directors representing that city shall be appointed to the board of directors of the corporation. The directors must be residents of that city and are entitled to all of the rights, privileges, powers, and duties of directors under this chapter. The executive and the legislative body of that city shall each appoint one (1) director. These two (2) directors must not be of the same political party. The director appointed by the legislative body shall serve for a term of one (1) year, and the director appointed by the executive shall serve for a term of two (2) years. Upon the expiration of the respective terms, successors shall be appointed in accordance with section 18 of this chapter.

(e) If the city in the county having the second largest population appropriates money to support the public transportation corporation in a particular year, and if the territory of that city subsequently becomes a part of the taxing district of the public transportation corporation in that year and is subject to a separate property tax levy for transportation services, the maximum permissible levy of that city for the year following the particular year used to compute the property tax levy limit under IC 6-1.1-18.5 is decreased, and the maximum permissible levy of the public transportation corporation for the particular year used to compute the property tax levy limit under IC 6-1.1-18.5 is increased, by an amount equivalent to the current contract amount to be paid by that city to the public transportation corporation for transportation services provided to that city in the particular year.

(f) The public transportation corporation shall establish a single property tax rate applicable to the taxing district of the public transportation corporation, including the territory of the city in the county having the second largest population that is included in the public transportation corporation under this section. The initial permissible levy to be raised by this rate equals the sum of the amount raised by the levy of the public transportation corporation in the previous taxable year plus an amount equivalent to the current contract amount to be paid in the calendar year 1982 by the city in the county having the second largest population to the public transportation corporation. The permissible levy for the subsequent years shall be computed in accordance with IC 6-1.1-18.5.

(g) If the city in the county having the second largest population is excluded from the public transportation corporation in a subsequent year, and that city is no longer subject to a separate property tax levy for transportation services, the maximum permissible levy of the public transportation corporation for that subsequent year used to compute the property tax levy limit under IC 6-1.1-18.5 is decreased, and the maximum permissible levy of that city for that subsequent year used to compute the property tax levy limit under IC 6-1.1-18.5 is increased, by the amount of the product of the public transportation property tax rate for that subsequent year multiplied by the assessed value in that subsequent year of all taxable property in that city that is excluded from the public transportation corporation.

As added by Acts 1981, P.L.186, SEC.2. Amended by P.L.73-1983, SEC.20; P.L.12-1992, SEC.177; P.L.119-2012, SEC.228; P.L.104-2022, SEC.210.
Ind. Code § 36-7-15.1-21 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-21
Urban renewal plan
Status: in_force

Sec. 21. An urban renewal project undertaken under this chapter must be undertaken in accordance with an urban renewal plan for the area of the project. For purposes of this chapter, an urban renewal plan is a plan for an urban renewal project that:

(1) conforms to the comprehensive plan for the county as a whole; and

(2) is sufficiently complete to indicate:

(A) land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation proposed to be carried out in the area of the urban renewal project;

(B) zoning and planning changes, if any;

(C) land uses;

(D) maximum densities;

(E) building requirements; and

(F) the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

As added by Acts 1982, P.L.77, SEC.8.
Ind. Code § 36-7-32.5-11 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-11
Term of designation of an innovation development district
Status: in_force

Sec. 11. The term of an area's designation as an innovation development district may not exceed thirty (30) years.

As added by P.L.135-2022, SEC.28. Amended by P.L.213-2025, SEC.311.
Ind. Code § 36-7-4-0.4 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-0.4
Legalization of acts of certain plan commissions taken after September 30, 1999, and before March 16, 2000
Status: in_force

Sec. 0.4. (a) This section applies to a county plan commission that did not have a township trustee appointed to the plan commission as a member in accordance with IC 36-7-4-208(a)(5) on or after October 1, 1999.

(b) The acts of the plan commission taken after September 30, 1999, and before March 16, 2000, are legalized.

As added by P.L.220-2011, SEC.660.
Ind. Code § 36-8-10-2 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Board" refers to the sheriff's merit board established under this chapter.

"Department" refers to the sheriff's department of a county.

"Eligible employee" means the sheriff of a county or a county police officer.

"Employee beneficiary" means an eligible employee who has completed an application to become an employee beneficiary and who has had the proper deductions made from the eligible employee's wages as required in the pension trust agreement.

"Net amount paid into the trust fund from wages of an employee beneficiary" means the amount of money actually paid in from the wages of the employee beneficiary, plus interest at the rate of three percent (3%) compounded annually and less a sum including interest at the same rate, paid from the trust fund to the employee beneficiary or to a governmental fund for the credit or benefit of the employee beneficiary.

"Pension engineers" means technical consultants qualified to supervise and assist in the establishment, maintenance, and operation of a pension trust on an actuarially sound basis.

"Trust fund" means the assets of the pension trust and consists of voluntary contributions from the department, money paid from the wages of employee beneficiaries, and other payments or contributions made to the pension trust, including the income and proceeds derived from the investment of them.

"Trustee" refers to the trustee of the pension trust, who may be one (1) or more corporate trustees or the treasurer of the county serving under bond.

[Pre-Local Government Recodification Citation: 17-3-14-10 part.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.127-2017, SEC.262.
Ind. Code § 36-9-25-4 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-4
Commissioners; terms of office; vacancies
Status: in_force

Sec. 4. (a) The initial terms of the commissioners are as follows:

(1) If the department is established under section 1(a) of this chapter, the initial terms are one (1), two (2), and three (3) years for the first three (3) commissioners. If additional commissioners are appointed, their initial terms are four (4) years.

(2) If the department is established under section 1(b) of this chapter, the initial terms of the two (2) appointed commissioners are four (4) and three (3) years respectively. However, if a third commissioner has also been appointed, the commissioner's initial term is two (2) years.

All terms begin on January 1 following the establishment of the department.

(b) As the initial terms expire, successors shall be appointed for four (4) year terms. In a county that is listed in section 3(b)(3) of this chapter, the appointments must be made before January 16 in the year the term begins. If a vacancy occurs on the board, the appointing authority shall appoint a commissioner for the remainder of the term within thirty (30) days after the vacancy occurs.

[Pre-Local Government Recodification Citations: subsection (a)(1) formerly 19-2-27-1 part; subsections (a)(2), (b) formerly 19-2-14-1 part; 19-2-14-32 part; 19-2-28-5 part; 19-2-28.5-3 part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.65; P.L.320-1989, SEC.2; P.L.12-1992, SEC.181.
Ind. Code § 36-1-12.5-12 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-12
Improvements not causally connected to conservation measure
Status: in_force

Sec. 12. An improvement that is not causally connected to a conservation measure may be included in a guaranteed savings contract if:

(1) the total value of the improvement does not exceed fifteen percent (15%) of the total value of the guaranteed savings contract; and

(2) either:

(A) the improvement is necessary to conform to a law, a rule, or an ordinance; or

(B) an analysis within the guaranteed savings contract demonstrates that:

(i) there is an economic advantage to the political subdivision in implementing an improvement as part of the guaranteed savings contract; and

(ii) the savings justification for the improvement is documented by industry engineering standards.

As added by P.L.98-2002, SEC.9. Amended by P.L.1-2006, SEC.557; P.L.168-2006, SEC.20; P.L.109-2015, SEC.58; P.L.233-2015, SEC.332; P.L.157-2026, SEC.228.
Ind. Code § 36-7.5-1-8 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-8
"Development authority"
Status: in_force

Sec. 8. "Development authority" refers to the northwest Indiana regional development authority established by IC 36-7.5-2-1.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-8-15-9.5 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-9.5
Combined or shared communications systems
Status: in_force

Sec. 9.5. (a) This section applies to a county having a consolidated city.

(b) The communications system may be combined or shared with the public service radio system.

(c) The board may do the following for the combined or shared system:

(1) Authorize expenditures from the district's operational funds.

(2) Exercise all of the powers listed in section 9 of this chapter.

(d) The board may not do the following for the combined or shared system:

(1) Authorize expenditures for facilities or services related only to public service radio.

(2) Have authority over planning or other decisions for public service radio.

As added by P.L.173-1990, SEC.2.
Ind. Code § 36-9-37-36 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-36
Bonds; certificates of indebtedness; payment
Status: in_force

Sec. 36. (a) Upon the delivery of certificates of indebtedness in payment of part of the principal of or interest on any bonds because of a deficiency, the municipality shall, by proper endorsement of the bonds:

(1) reduce the face value of the bonds or the interest payable on the bonds by a corresponding amount; or

(2) cancel the bonds if the principal of and interest on the bonds are paid in full.

(b) The certificates of indebtedness shall be authorized, issued, and paid in the same manner as certificates of indebtedness issued under IC 36-9-36-62 and IC 36-9-36-64. However, the certificates draw interest only from the date of issue and the rate of interest shall be fixed by the resolution authorizing the issuance of the certificates.

(c) A municipality is not required to provide for or pay upon the certificates of indebtedness issued under section 35 of this chapter (or under IC 36-9-19 before its repeal in 1993) a total amount in any one (1) year in excess of the following:

(1) Fifty thousand dollars ($50,000) for a municipality having a population of at least thirty-five thousand (35,000).

(2) Twenty-five thousand dollars ($25,000) for a municipality having a population of at least ten thousand (10,000) and less than thirty-five thousand (35,000).

(3) Ten thousand dollars ($10,000) for a municipality having a population of less than ten thousand (10,000).

(d) A municipality shall make payments on the certificates of indebtedness issued under section 35 of this chapter (or under IC 36-9-19 before its repeal in 1993) in the order of the tender and demand for payment of outstanding certificates in each year. The municipality is not required to prorate the payments among all the outstanding certificates. The municipal fiscal officer is the sole judge of the order of tender and priorities of the certificates of indebtedness.

(e) Before issuing payment on a certificate, the fiscal officer shall, by audit and other investigation of the facts, determine the right to payment and the proper amount of the payment. The fiscal officer's determination is final and conclusive upon all the parties involved.

As added by P.L.98-1993, SEC.8. Amended by P.L.11-2023, SEC.132.
Ind. Code § 36-9-29.1-14 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-14
Tax levy; flood control district bond fund
Status: in_force

Sec. 14. (a) For the purpose of raising money to pay all bonds issued under section 12 of this chapter and the interest on them, the city-county legislative body shall levy each year a special tax upon all the property of the flood control district, in such manner as to meet and pay the principal of the bonds as they severally mature, together with all accruing interest. The tax so levied each year shall be certified to the fiscal officers of the consolidated city and the county before August 2 in each year.

(b) The tax levied and certified shall be estimated and entered upon the tax duplicate by the county auditor, and shall be collected and enforced by the county treasurer, in the same manner as state and county taxes are estimated, entered, collected, and enforced. As the tax is collected by the county treasurer, it shall be accumulated and kept in a separate fund to be known as the "flood control district bond fund," and shall be applied to the payment of the flood control district bonds and interest as they severally mature and to no other purpose. All accumulations before their use for the payment of bonds and interest shall be deposited, at interest, with the depository or depositories of other funds in the consolidated city, and all interest collected on them belongs to the fund.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-8-3.5-7 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-7
Commissioners; terms; tenure
Status: in_force

Sec. 7. (a) This subsection applies only to a unit. The term of a commissioner is four (4) years. However, one (1) of the executive's initial selections and one (1) of the department's initial selections are for terms of two (2) years.

(b) This subsection applies only to a district or territory. A commissioner who is a member of the governing board serves on the commission until the member ceases to be a member of the governing board. The term of a commissioner elected by the department under section 6(c)(2) of this chapter is four (4) years. However, the initial term of one (1) of the commissioners elected by the department is for a term of two (2) years.

(c) A vacancy on the commission shall be filled within thirty (30) days by the appointing or electing authority. The selection is for the remainder of the unexpired term.

(d) A commissioner appointed by the unit's legislative body serves at the pleasure of the appointing or electing authority and may be removed at any time. In the case of a commissioner elected by the department, the safety board or governing board shall call a meeting of the active members of the department under the procedures specified in section 4 of this chapter if a recall petition signed by a majority of the active members is submitted to the board.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.207-2023, SEC.15.