Ind. Code § 36-6-1.5-10 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-10
Resolutions, rules, and bylaws of former township governments continue
Status: in_force

Sec. 10. When a new township government is established under this chapter, the following occur:

(1) The resolutions, rules, and bylaws of each of the former township governments:

(A) remain in force within the territory to which they applied before the merger; and

(B) continue in force until amended or repealed by the legislative body or an administrative body of the new township government.

(2) Pending actions that involve any former township government shall be prosecuted to final judgment and execution, and judgments rendered in those actions may be executed and enforced against the new township government without any change of the name of the plaintiff or defendant.

As added by P.L.240-2005, SEC.3.
Ind. Code § 36-7-7.5-4 — Indiana Code / Title 36 / Article 7 / Chapter 7.5 / Section 36-7-7.5-4
Interlocal agreement; contents
Status: in_force

Sec. 4. The interlocal agreement that establishes a commission must provide the following:

(1) The geographic boundaries of the territory over which the commission has jurisdiction.

(2) That the purpose of the commission is the exercise of local planning and zoning functions.

(3) The composition, selection, and terms of members for the commission.

(4) The methods to be used for adopting, enforcing, and administering commission ordinances.

(5) The methods of financing the commission.

(6) Any other matters that the executives desire to include that are pertinent to the purposes of the commission.

As added by P.L.168-1990, SEC.1.
Ind. Code § 36-7.5-4-11 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-11
Leases or sale of projects or land to authority
Status: in_force

Sec. 11. (a) An eligible political subdivision may lease for a nominal lease rental, or sell to the development authority, one (1) or more projects or portions of a project or land upon which a project is located or is to be constructed.

(b) Any lease of all or a portion of a project by an eligible political subdivision to the development authority must be for a term equal to the term of the lease of that project back to the eligible political subdivision.

(c) An eligible political subdivision may sell property to the development authority for the amount the eligible political subdivision determines to be in the best interest of the eligible political subdivision. The development authority may pay that amount from the proceeds of bonds of the development authority.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-8-3.2-4 — Indiana Code / Title 36 / Article 8 / Chapter 3.2 / Section 36-8-3.2-4
Administration of tests
Status: in_force

Sec. 4. The appointing authority or its designee shall administer the agility and aptitude tests to applicants and shall certify the results to the local board before extending an offer of employment.

As added by P.L.394-1987(ss), SEC.1. Amended by P.L.4-1992, SEC.27.
Ind. Code § 36-5-1.1-10.6 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-10.6
Included towns; petition; ballot question; filing certification; time of dissolution; results of dissolution; contracts
Status: in_force

Sec. 10.6. (a) This section applies to included towns.

(b) The dissolution of a town under this section may be instituted by filing a petition with the county board of registration. The petition must be signed by at least the number of the registered voters of the town required to place a candidate on the ballot under IC 3-8-6-3. The petition must be filed not later than June 1 of a year in which a general or municipal election will be held.

(c) If a petition meets the criteria set forth in subsection (b), the county board of registration shall certify the public question to the county election board under IC 3-10-9-3. The county election board shall place the question of dissolution on the ballot provided for voters in the included town at the first general or municipal election following certification. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the town of ________ dissolve?".

(d) If the public question is approved by a majority of the voters voting on the question, the county election board shall file a copy of the certification prepared under IC 3-12-4-9 concerning the public question described by this section with the following:

(1) The circuit court clerk of the county.

(2) The office of the secretary of state.

(e) Dissolution occurs:

(1) at least sixty (60) days after certification under IC 3-12-4-9; and

(2) when the certification is filed under subsection (d).

(f) When a town is dissolved under this section:

(1) the territory included within the town when the ordinance was adopted becomes a part of the consolidated city;

(2) the books and records of the town become the property of the county executive;

(3) the property owned by the town after payment of debts and liabilities shall be disposed of by the county executive; and

(4) the county executive shall deposit any proceeds remaining after payment of debts and liabilities into the county general fund.

(g) The dissolution of a town under this section does not affect the validity of a contract to which the town is a party.

As added by P.L.4-1991, SEC.144. Amended by P.L.3-1993, SEC.270; P.L.12-1995, SEC.130; P.L.3-1997, SEC.462; P.L.123-2000, SEC.10; P.L.113-2010, SEC.128; P.L.104-2022, SEC.169.
Ind. Code § 36-9-27.4-19 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-19
Additional duties of board; drains
Status: in_force

Sec. 19. (a) If:

(1) a petition filed under this chapter concerns a drain; and

(2) the drainage board:

(A) finds for the petitioner under section 14(a) of this chapter; but

(B) does not find under section 15 of this chapter that the obstruction of the drain was created intentionally by any of the respondents;

the drainage board shall enter an order under subsection (b).

(b) Upon a determination made under subsection (a), the drainage board shall enter an order:

(1) authorizing the petitioner to remove the obstruction;

(2) authorizing the respondents to remove the obstruction;

(3) directing the county surveyor to remove the obstruction; or

(4) directing that the obstruction be removed through the joint efforts of at least two (2) of the persons referred to in this subsection.

(c) If an order is issued under subsection (b), the costs of removing the obstruction must be borne by the owners of all the tracts of land that are benefited by the drain. The order of the board must do the following:

(1) Identify all tracts of land that are benefited by the drain.

(2) Identify the owners of the tracts of land referred to in subdivision (1):

(A) who are known to the drainage board; or

(B) whose identity can be determined through the records of the county auditor.

(3) Apportion the costs of removing the obstruction among the tracts of land that are benefited by the drain, assigning to each tract a certain percentage of the total costs.

(4) Order the owners of each tract of land referred to in subdivision (1) to pay an amount equal to the product of the total costs of removing the obstruction multiplied by the percentage assigned to the tract under subdivision (3).

(d) The percentage of the total costs assigned to a tract under subsection (c)(3) must correspond to the ratio of the total length of the drain to the length of the particular segment of the drain that benefits the tract.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.19.
Ind. Code § 36-9-3-20 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-20
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-5-2.5-16.]

As added by Acts 1981, P.L.309, SEC.76. Repealed by P.L.72-1988, SEC.10.
Ind. Code § 36-2-14-11 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-11
Property or money of deceased person subject to coroner's investigation; found with body or at scene of death; taking possession; publication; search for person entitled; delivery to county treasurer or sheriff
Status: in_force

Sec. 11. (a) This section applies to money or other personal property:

(1) owned by a deceased person whose death is subject to a coroner's investigation; or

(2) found:

(A) on a body; or

(B) at the scene of death.

(b) If money or personal property is not claimed by a person entitled to them, the coroner shall do the following:

(1) Take possession of the property.

(2) Publish, in accordance with IC 5-3-1, a description of the deceased and the name of the deceased if known.

(3) Make a reasonable search to find a person who is entitled to the money or other personal property.

(c) If, after complying with subsection (b), the coroner does not know of a person entitled to the money, the coroner shall deliver the money to the county treasurer for deposit in the county general fund.

(d) If, after complying with subsection (b), the coroner does not know of a person entitled to the personal property other than money that has an intrinsic value, the coroner shall deliver the personal property to the sheriff for sale at any auction that the sheriff conducts under law. The sheriff shall deposit the receipts from the auction of the personal property in the county general fund.

[Pre-Local Government Recodification Citations: 17-3-17-8 part; 17-3-17-10.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.45, SEC.11; P.L.141-1992, SEC.1.
Ind. Code § 36-2-6-23 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-23
Definitions; "PILOTS"; adoption of ordinance; calculation; imposition; distribution; due date
Status: in_force

Sec. 23. (a) PILOTS may be imposed under this section for an assessment date occurring after December 31, 2021.

(b) As used in this section, the following terms have the meanings set forth in IC 6-1.1-1:

(1) Assessed value.

(2) Exemption.

(3) Owner.

(4) Person.

(5) Property taxation.

(6) Real property.

(7) Township assessor.

(c) As used in this section, "PILOTS" means payments in lieu of taxes.

(d) As used in this section, "property owner" means the owner of real property described in IC 6-1.1-10-16.7 that is not located in a county containing a consolidated city.

(e) Subject to the approval of a property owner, the fiscal body of a county may adopt an ordinance to require the property owner to pay PILOTS at times set forth in the ordinance with respect to real property that is subject to an exemption under IC 6-1.1-10-16.7. The ordinance remains in full force and effect until repealed or modified by the legislative body, subject to the approval of the property owner.

(f) The PILOTS must be calculated so that the PILOTS are in an amount that is:

(1) agreed upon by the property owner and the legislative body of the county;

(2) a percentage of the property taxes that would have been levied by the legislative body of the county upon the real property described in subsection (e) if the property were not subject to an exemption from property taxation; and

(3) not more than the amount of property taxes that would have been levied by the legislative body of the county upon the real property described in subsection (e) if the property were not subject to an exemption from property taxation.

(g) PILOTS shall be imposed in the same manner as property taxes and shall be based on the assessed value of the real property described in subsection (e). Except as provided in subsection (j), the township assessor, or the county assessor if there is no township assessor for the township, shall assess the real property described in subsection (e) as though the property were not subject to an exemption.

(h) PILOTS collected under this section shall be distributed in the same manner as if they were property taxes being distributed to taxing units in the county.

(i) PILOTS shall be due as set forth in the ordinance and bear interest, if unpaid, as in the case of other taxes on property. PILOTS shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.

(j) If the duties of the township assessor have been transferred to the county assessor as described in IC 6-1.1-1-24, a reference to the township assessor in this section is considered to be a reference to the county assessor.

As added by P.L.74-2021, SEC.4.
Ind. Code § 36-7-4-400 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-400
400 Series—Duties and powers of commission
Status: in_force

Sec. 400. This series (sections 400 through 499 of this chapter) may be cited as follows: 400 SERIES─COMMISSION DUTIES AND POWERS.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-7-11.2-26 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-26
Chair
Status: in_force

Sec. 26. The commission member who is an employee of the department of metropolitan development serves as chair of the commission.

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

As added by P.L.1-1995, SEC.83. Amended by P.L.127-2017, SEC.185.
Ind. Code § 36-1-14.2-3 — Indiana Code / Title 36 / Article 1 / Chapter 14.2 / Section 36-1-14.2-3
Immunity from civil liability
Status: in_force

Sec. 3. A person who provides health care to an individual at a medical clinic or health care facility described in this chapter is immune from civil liability to the extent described in IC 34-30-13.

As added by P.L.286-1995, SEC.2. Amended by P.L.1-1998, SEC.204.
Ind. Code § 36-7-15.1-44 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-44
Appraisal, publication, and bidding requirements; exceptions; procedures
Status: in_force

Sec. 44. (a) The provisions of this section concerning appraisal, publication, and bidding requirements do not apply to sales, leases, or other dispositions of real or personal property interests in property to other public agencies, including the federal government or any agency or department of the federal government, for public purposes.

(b) Before offering for sale, exchange, or lease (or a combination of methods) to the public any of the property or interests acquired, the commission shall cause two (2) separate appraisals of the fair market value to be made by independent appraisers. However, if the property is less than five (5) acres in size and the fair market value of the real property or interest has been appraised by one (1) independent appraiser at less than ten thousand dollars ($10,000), the second appraisal may be made by a qualified employee of the department. In the case of an exchange, the same appraiser may not appraise both of the properties to be exchanged. In making appraisals, the appraisers shall take into consideration the size, location, and physical condition of the parcels, the advantages accruing to the parcels under the redevelopment plan, and all other factors having a bearing on the value of the parcels. The appraisals are solely for the information of the commission and are not open for public inspection.

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

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

(1) state the general location of the parcels;

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

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

(A) beneficiary of the trust; and

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

(e) At the time fixed in the notice, the commission shall open and consider any offers received. The offers may consist of consideration in the form of cash, other property, or a combination of cash and property. However, with respect to property other than cash, the offer must be accompanied by evidence of the property's fair market value that is satisfactory to the commission in the commission's sole discretion. All offers received shall be opened at public meetings of the commission and shall be kept open for public inspection.

(f) The commission may reject any or all bids or may make awards to the highest and best bidders. In determining the best bids, the commission shall take into consideration the following factors:

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

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

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

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

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

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

(g) The commission may contract with a bidder in regard to the factors listed in subsection (f), and the contract may provide for the deposit of surety bonds, the making of good faith deposits, liquidated damages, the right of reversion or repurchase, or other rights and remedies if the bidder fails to comply with the contract.

(h) After the opening, consideration, and determination of the written offers filed in response to the notice, the commission may dispose of all or part of the remaining available property or interests for any approved use, either at public sale or by private negotiation carried on by the commission, its regular employees, or real estate experts employed for that purpose. For a period of thirty (30) days after the opening of the written offers and determination on them, no sale, exchange, or lease may be made at a price or rental less than that shown on the offering sheet, except in the case of sales or rentals of:

(1) ten (10) or more parcels to a purchaser or lessee who agrees to improve the parcels immediately;

(2) parcels of property to individuals or families whose income is at or below the county's median income for individual and family income, respectively, for the purpose of constructing single family or two (2) family housing; or

(3) parcels of property to a contractor or developer for the purpose of constructing single family or two (2) family housing for individuals or families whose income is at or below the county's median income for individual and family income, respectively;

but after that period the commission may adjust the offering prices in the manner it considers necessary to further the redevelopment plan.

(i) A conveyance under this section may not be made until the agreed consideration has been paid, unless the commission adopts a resolution:

(1) stating that consideration does not have to be paid before the conveyance is made; and

(2) setting forth an arrangement for future payment of consideration or provision of an infrastructure credit against the consideration, or both.

If full consideration is not paid before the conveyance is made, the commission may use a land sale contract or mortgage to secure payment of the consideration or may accept as a credit against the agreed consideration a contractual obligation to perform public infrastructure work related to the property being conveyed. All deeds, land sale contracts, leases, or other conveyances, and all contracts and agreements, including contracts of purchase, sale, or exchange and contracts for advancements, loans, grants, contributions, or other aid, shall be executed in the name of the "City [or Town] of _____________, for the use and benefit of its Redevelopment District", and shall be executed by the president or vice president of the commission.

As added by P.L.102-1999, SEC.11.
Ind. Code § 36-6-4-12 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-12
Annual meeting; report of receipts and expenditures of preceding calendar year; failure to file; penalty
Status: in_force

Sec. 12. (a) At the annual meeting of the township legislative body under IC 36-6-6-9 the executive shall present a complete report of all receipts and expenditures of the preceding calendar year, including the balance to the credit of each fund controlled by the executive. If the executive controls any money that is not included in a particular fund, then the executive shall state all the facts concerning that money in the report.

(b) Each item of expenditure must be accompanied by the verified voucher of the person to whom the sum was paid, stating:

(1) why the payment was made;

(2) that the receipt is for the exact sum received;

(3) that no part of the sum has been retained by the executive; and

(4) that no part of the sum has been or is to be returned to the executive or any other person.

The executive may administer oaths to persons giving these receipts.

(c) The executive shall swear or affirm that:

(1) the report shows all sums received by the executive;

(2) the expenditures credited have been fully paid in the sums stated, without express or implied agreement that any part of the sums is to be retained by or returned to the executive or any other person; and

(3) the executive has received no money or other property in consideration of any contract entered into on behalf of the township.

(d) Within ten (10) days after the legislative body's action under IC 36-6-6-9, the executive shall file a copy of the report and its accompanying vouchers, as adopted by the legislative body, in the county auditor's office. The legislative body may, for the benefit of the township, bring a civil action against the executive if the executive fails to file the report within ten (10) days after the legislative body's action. The legislative body may recover five dollars ($5) for each day beyond the time limit for filing the report, until the report is filed.

[Pre-Local Government Recodification Citation: 17-4-28-5 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.156.
Ind. Code § 36-5-6.5-5 — Indiana Code / Title 36 / Article 5 / Chapter 6.5 / Section 36-5-6.5-5
Town controller duties
Status: in_force

Sec. 5. The town controller shall do the following:

(1) Prescribe the form of reports and accounts to be submitted to the department.

(2) Sign and issue all warrants on the town treasury.

(3) Audit and revise all accounts and trusts in which the town is concerned.

(4) Keep separate accounts for each item of appropriation made for each town department, including a statement showing the amount drawn on each appropriation, the unpaid contracts charged against it, and the balance remaining.

(5) At the end of each fiscal year, submit under oath to the town legislative body a report of the accounts of the town published in pamphlet form and showing revenues, receipts, expenditures, and the sources of revenues.

(6) Maintain custody of the records of the department and turn them over to the fiscal officer's successor in office.

(7) Perform duties prescribed by statute concerning the negotiation of town bonds, notes, and warrants.

(8) Keep a register of bonds of the town and of transfers of those bonds.

(9) Manage the finances and accounts of the town and make investments of town money, subject to the ordinances of the legislative body and laws concerning public funds.

(10) Issue town licenses on payment of the license fee.

(11) Collect fees as fixed by ordinance.

(12) Pay into the town treasury, in accordance with the laws concerning public funds, all fees and other town money collected by the department, specifying the source of each item.

(13) Prescribe payroll and account forms for all town offices.

(14) Prescribe the manner in which salaries shall be drawn.

(15) Prescribe the manner in which creditors, officers, and employees shall be paid.

(16) Provide that all salaries are payable monthly, unless the legislative body establishes more frequent payments.

(17) Notify the town council of the failure of any town officer to collect money due the town or to pay town money into the town treasury.

(18) Draw warrants on the town treasury for miscellaneous town expenditures not made under the direction of a department and not specifically fixed by statute.

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

As added by P.L.56-2022, SEC.9.
Ind. Code § 36-2-14-3 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-3
Commission of coroner
Status: in_force

Sec. 3. The governor shall commission each county coroner.

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

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-15.2-3 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-3
"Commission" defined
Status: in_force

Sec. 3. As used in this chapter, "commission" has the meaning set forth in IC 36-7-15.1-3.

As added by P.L.84-1987, SEC.13.
Ind. Code § 36-10-10-23 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-23
Tax levy by city to pay lease rental
Status: in_force

Sec. 23. (a) The legislative body of a city that has entered into an approved lease contract under this chapter shall annually levy a tax sufficient to produce each year the necessary revenues that, with other available money, are sufficient to pay the lease rental provided to be paid in the lease from taxes.

(b) In fixing and determining the amount of the necessary levy to pay lease rental payable from taxes, the legislative body may take into consideration amounts that have been transferred from the net revenues of the convention center to a fund for payment of lease rental. This chapter does not relieve the city from the obligation to pay from taxes any lease rental payable from taxes if other funds are not available for that purpose. The tax levies are reviewable by other bodies vested by statute with authority to ascertain that the levies are sufficient to raise the amount that, with other money available, will be sufficient to meet the rental which under the lease contract is payable from taxes. The annual lease rental shall be paid semiannually to the authority or to the corporate trustee under any trust indenture following settlements of tax collections.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-7-4-222.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-222.5
Plan commission members belonging to county executive or fiscal bodies; mileage and compensation
Status: in_force

Sec. 222.5. Notwithstanding IC 36-2-7-2, a member of a county executive, a member of a county fiscal body, a county surveyor, or an appointee of a county surveyor who is also a member of a plan commission is entitled to receive the following:

(1) A sum for mileage for each mile necessarily traveled while performing the duties of a plan commission member in an amount determined by the county fiscal body.

(2) A sum for compensation for services as a member of the plan commission in an amount that the county fiscal body may determine for attendance at meetings of the plan commission.

As added by P.L.356-1989(ss), SEC.1. Amended by P.L.154-1993, SEC.3; P.L.10-1997, SEC.34.
Ind. Code § 36-10-8-6 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-6
Name; powers
Status: in_force

Sec. 6. The board may, acting under the name "(name of county) county capital improvement board of managers", or, if the board was created under IC 18-7-18 (before its repeal on February 24, 1982), "(name of the county) and (name of the city) capital improvement board of managers", do the following:

(1) Acquire by grant, purchase, gift, devise, lease, or otherwise, and hold, use, sell, lease, or dispose of, real and personal property and any rights and interests in it necessary or convenient for the exercise of its powers under this chapter.

(2) Construct, reconstruct, repair, remodel, enlarge, extend, or add to any capital improvement under this chapter and condemn, appropriate, lease, rent, purchase, and hold any real property, rights-of-way, materials, or personal property needed for the purposes of this chapter, even if it is already held for a governmental or public use.

(3) Control and operate a capital improvement, and receive and collect money due to the operation or otherwise relating to the capital improvement, including employing an executive manager and other agents and employees that are necessary for the acquisition, construction, and proper operation of the improvements and fixing the compensation of all employees with a contract of employment or other arrangement terminable at the will of the board. However, a contract may be entered into with an executive manager and associate manager for a period not longer than four (4) years at one (1) time and may be extended from time to time for the same or shorter periods.

(4) Let concessions for the operation of restaurants, cafeterias, public telephones, news and cigar stands, vending machines, caterers, and all other services considered necessary or desirable for the operation of a capital improvement.

(5) Lease a capital improvement or a part of it to any association, corporation, or individual, with or without the right to sublet.

(6) Fix charges and establish rules and regulations governing the use of a capital improvement.

(7) Accept gifts or contributions from individuals, corporations, limited liability companies, partnerships, associations, trusts, or foundations and funds, loans, or advances on the terms that the board considers necessary or desirable from the United States, the state, or a political subdivision or department of either, including entering into and carrying out contracts and agreements in connection with this subdivision.

(8) Acquire the site for a capital improvement, or a part of a site by conveyance from the redevelopment commission of a city within the county in which the board is created or from any other source, on the terms that may be agreed upon.

(9) If the board was created under IC 18-7-18 (before its repeal on February 24, 1982), exercise within and in the name of the county the power of eminent domain under general statutes governing the exercise of the power for a public purpose.

(10) Receive and collect all money due for the use or leasing of a capital improvement and from concessions and other contracts, and expend the money for proper purposes, but any employees or members of the board authorized to receive, collect, and expend money must be covered by a fidelity bond, the amount of which shall be fixed by the board. Funds may not be disbursed by an employee or member of the board without prior specific approval by the board.

(11) Provide coverage for its employees under IC 22-3 and IC 22-4.

(12) Purchase public liability and other insurance considered desirable.

(13) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including the enforcement of them.

(14) Maintain and repair a capital improvement and all equipment and facilities that are a part of it, including the employment of a building superintendent and other employees that are necessary to maintain the capital improvement.

(15) Sue and be sued in its own name, service of process being had upon the president or vice president of the board or by leaving a copy at the board's office.

(16) Prepare and publish descriptive material and literature relating to the facilities and advantages of a capital improvement and do all other acts that the board considers necessary to promote and publicize the capital improvement and serve the commercial, industrial, and cultural interests of Indiana and its citizens by the use of the capital improvement. It may assist and cooperate with public, governmental, and private agencies and groups for these purposes.

(17) Promote the development and growth of the convention and visitor industry in the county.

(18) Transfer money from the capital improvement fund established by this chapter to any Indiana not-for-profit corporation for the promotion and encouragement of conventions, trade shows, visitors, and special events in the county.

As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.3-1990, SEC.145; P.L.8-1993, SEC.519; P.L.176-2009, SEC.28.
Ind. Code § 36-5-5-7 — Indiana Code / Title 36 / Article 5 / Chapter 5 / Section 36-5-5-7
Bonds, notes, or warrants; prohibition
Status: in_force

Sec. 7. The town legislative body may not authorize the manager to issue or execute bonds, notes, or warrants of the town.

[Pre-Local Government Recodification Citation: 18-3-1.5-5.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-9-29-38 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-38
Required proceedings and notices under this chapter
Status: in_force

Sec. 38. Only the proceedings and notices prescribed by this chapter are required for acts performed under this chapter, notwithstanding any other statute to the contrary.

[Pre-Local Government Recodification Citation: 19-4-18-21 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-7-30-6.5 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-6.5
Electronic meetings
Status: in_force

Sec. 6.5. The board may conduct meetings electronically as provided in IC 36-7-14.5-9.5.

As added by P.L.55-2016, SEC.5.
Ind. Code § 36-9-29-25 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-25
Refunding bonds; issuance; payment
Status: in_force

Sec. 25. If the flood control district is unable to pay any bonds or the interest on them at the times fixed for payment, refunding bonds may be issued and sold under section 23 of this chapter to obtain money for that purpose. The refunding bonds are payable within the period fixed by the flood control board, which may not exceed ten (10) years.

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

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-1-20.2-3 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-3
Persons not subject to chapter
Status: in_force

Sec. 3. For purposes of this chapter, the performance of the duties of:

(1) a precinct election officer (as defined in IC 3-5-2.1-82), an absentee voter board, an absentee ballot counter, a provisional ballot counter, or an absentee ballot courier that are imposed by IC 3; or

(2) a volunteer firefighter;

is not considered employment by a unit.

As added by P.L.135-2012, SEC.7. Amended by P.L.186-2025, SEC.252; P.L.240-2025, SEC.38.
Ind. Code § 36-7-4-0.1 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-0.1
Application of certain amendments to chapter
Status: in_force

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

(1) The amendments made to sections 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, and 701 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.

(2) The addition of sections 613 and 614 of this chapter by P.L.335-1985 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.

(3) The amendments made to sections 214, 503, 504, 506, 509, 510, 511, 601, 602, 603, 604, 605, 606, 610, 612, 711, 712, 801, 802, 1014, and 1020 of this chapter by P.L.220-1986 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.220-1986 had not been enacted.

As added by P.L.220-2011, SEC.658.
Ind. Code § 36-9-27-19 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-19
Mutual drains; conversion to regulated drain; procedure upon request by single owner
Status: in_force

Sec. 19. (a) Any owner affected by a mutual drain may file a written request with the board to make the mutual drain a regulated drain under this chapter. Upon receipt of such a request, the board shall fix the date, time, and place for a hearing, which may not be less than thirty (30) days after receipt of the request.

(b) At least twenty (20) days before the date of the hearing, the owner making the request shall give the owners of all land affected by the request notice of the date, time, place, and purpose of the hearing. Service of the notice shall be made in the manner set forth in section 58 of this chapter or in the manner summonses are served in civil actions.

(c) Any owner affected by the mutual drain may, on or before the date of the hearing, file with the board written evidence for or against the granting of the request. At the hearing the board shall consider all of the evidence filed, and if it finds that:

(1) the owners of more than fifty percent (50%) in acreage of the affected land will be benefited if the drain is made a regulated drain under this chapter; and

(2) the benefit to owners benefited is likely to be greater than the damages to owners damaged by reason of the mutual drain being made a regulated drain;

it shall make written findings to that effect and issue an order granting the request.

(d) Before adjourning the hearing, the board shall announce its findings and order. This announcement constitutes notice to all affected persons, and, if judicial review is not requested under section 106 of this chapter within twenty (20) days after the date of notice, the findings and order are conclusive.

[Pre-Local Government Recodification Citation: 19-4-5-3 part.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-4-919 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-919
Board of zoning appeals; appeal to board; grounds; record; decision
Status: in_force

Sec. 919. (a) An appeal filed with the board of zoning appeals must specify the grounds of the appeal and must be filed within such time and in such form as may be prescribed by the board of zoning appeals by rule.

(b) The administrative official, hearing officer, administrative board, or other body from whom the appeal is taken shall, on the request of the board of zoning appeals, transmit to it all documents, plans, and papers constituting the record of the action from which an appeal was taken.

(c) Certified copies of the documents, plans, and papers constituting the record may be transmitted for purposes of subsection (b).

(d) Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from. For this purpose, the board has all the powers of the official, officer, board, or body from which the appeal is taken.

(e) The board shall make a decision on any matter that it is required to hear under the 900 series either:

(1) at the meeting at which that matter is first presented; or

(2) at the conclusion of the hearing on that matter, if it is continued.

(f) Within five (5) days after making any decision under the 900 series, the board of zoning appeals shall file in the office of the board a copy of its decision.

[Pre-Local Government Recodification Citations: 18-7-2-70 part; 18-7-4-919; 18-7-4-79; 18-7-5-83.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.49; P.L.357-1983, SEC.16.
Ind. Code § 36-4-2-12 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-12
Joint session of legislative bodies of merging municipalities; resolution to fix boundaries of districts; exclusion of territory in any territory or inclusion of territory in more than one district; certification, attestation, and filing of resolution
Status: in_force

Sec. 12. (a) The legislative bodies of municipalities that vote to merge under this chapter shall meet in joint session at the hall of the municipality having the largest population at 8 p.m. on the second Monday of January of the next year in which a general municipal election is to be held. At the joint meeting, the legislative bodies shall:

(1) elect a presiding officer and clerk; and

(2) fix, by joint resolution, the boundaries of the districts from which members will be elected to the legislative body of the new municipality.

The legislative bodies shall fix the district boundaries so that, as nearly as is possible, all parts of the merging municipalities have equal representation in the legislative body of the new municipality. The district boundaries fixed under this subsection constitute the district boundaries for the new municipality until they are altered by the legislative body of the new municipality.

(b) If any territory in the municipality is not included in one (1) of the districts established under subsection (a), the territory is included in the district that:

(1) is contiguous to that territory; and

(2) contains the least population of all districts contiguous to that territory.

(c) If any territory in the municipality is included in more than one (1) of the districts established under subsection (a), the territory is included in the district that:

(1) is one (1) of the districts in which the territory is described in the joint resolution adopted under subsection (a);

(2) is contiguous to that territory; and

(3) contains the least population of all districts contiguous to that territory.

(d) A copy of the joint resolution passed under subsection (a) shall be:

(1) certified by the presiding officer;

(2) attested by the clerk; and

(3) filed with the legislative body of each of the merging municipalities and the circuit court clerk of each county in which the municipalities are located.

[Pre-Local Government Recodification Citation: 18-5-10-16.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.3-1993, SEC.261.
Ind. Code § 36-7-18-10 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-10
Employees; legal services; pension plans
Status: in_force

Sec. 10. (a) A housing authority may employ an executive director, technical experts, and other permanent and temporary officers, agents, and employees required by the authority, and may determine their qualifications, duties, and compensation.

(b) If a housing authority needs legal services, it may call upon the attorney for the unit or may employ its own counsel and legal staff.

(c) A housing authority may delegate powers and duties to its agents and employees.

(d) A housing authority may contract for and purchase adequate pension plans on behalf of those employees. The plans may be purchased from any insurance company licensed to sell such plans in the state, or from any other financial institutions that are approved by a federal agency with which the authority has dealings, notwithstanding any statute providing for participation of public employees in the public employees retirement fund or any other publicly governed fund. The expenses of such a contract or purchase shall be paid from funds of the authority as other expenses are paid.

[Pre-Local Government Recodification Citations: 18-4-8-5 part; 18-7-11-5 part.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987, SEC.5.
Ind. Code § 36-1-26-1 — Indiana Code / Title 36 / Article 1 / Chapter 26 / Section 36-1-26-1
"Crime"
Status: in_force

Sec. 1. As used in this chapter, "crime" has the meaning set forth in IC 33-23-1-4.

As added by P.L.182-2018, SEC.6.
Ind. Code § 36-1-2-1 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-1
Application to title
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this title.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-8-6-1 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter applies to pension benefits for members of police departments hired before May 1, 1977, in second and third class cities, and in towns that have established a board of metropolitan police commissioners.

(b) A police officer with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if the police officer:

(1) was hired before May 1, 1977;

(2) did not convert under IC 19-1-17.8-7 (repealed September 1, 1981); and

(3) is rehired after April 30, 1977, by the same employer.

(c) A police officer is covered by this chapter and not by IC 36-8-8 if the police officer:

(1) was hired before May 1, 1977;

(2) did not convert under IC 19-1-17.8-7 (repealed September 1, 1981);

(3) was rehired after April 30, 1977, but before February 1, 1979; and

(4) was made, before February 1, 1979, a member of a 1925 fund.

(d) A police matron is covered by this chapter and not by IC 5-10.3 or IC 36-8-8 if the police matron:

(1) was hired before May 1, 1977;

(2) is a member of a police department in a second or third class city; and

(3) is employed as a police matron on March 31, 1996.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-24-1 part; 19-1-47-1 part; subsections (b), (c) formerly 19-1-17.8-5 part.]

As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.44, SEC.57; P.L.3-1990, SEC.129; P.L.236-1996, SEC.1; P.L.127-2017, SEC.241.
Ind. Code § 36-7-11.2-48 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-48
Minutes of meetings
Status: in_force

Sec. 48. (a) The commission shall keep complete minutes of meetings. The minutes must reflect the following:

(1) Action taken by the commission.

(2) The reasons for the action.

(3) The factors considered by the commission in taking the action.

(b) Copies of the minutes of a meeting shall be provided to a person requesting a copy.

(c) An interested party who desires a transcript of a matter heard by the commission may, at the interested party's expense, have a transcript prepared.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-11.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-8-8-6 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-6
Employer contributions; reports and records
Status: in_force

Sec. 6. (a) Each employer shall annually on March 31, June 30, September 30, and December 31, for the calendar quarters ending on those dates, or an alternate date established by the rules of the system board, pay into the 1977 fund an amount determined by the system board:

(1) for administration expenses; and

(2) sufficient to maintain level cost funding during the period of employment on an actuarial basis for members hired after April 30, 1977.

(b) After December 31, 2011, each employer shall submit the payments required by subsection (a) by electronic funds transfer.

(c) After June 30, 2021, an employer must provide to the system board any reports or records requested by the system board. The requested reports or records must be provided to the system board:

(1) not more than thirty (30) days after the end of the calendar quarter, if applicable; or

(2) by an alternate due date established by the rules of the system board.

The reports or records requested by the system board must be provided through a secure connection over the Internet or through other electronic means specified by the system board.

(d) If the employer does not provide the reports or records specified in subsection (c), the system board may fine the employer or department one hundred dollars ($100) for each day that the reports or records are late, to be withheld under subsection (e).

(e) If an employer fails to make the payments or provide the reports and membership records as required by subsection (a) or (c) or fails to send the fund members' contributions required by section 8(a) of this chapter, the amount payable, on request of the system board, may be withheld by the state comptroller from money payable to the employer and transferred to the fund. In the alternative, the amount payable may be recovered in the circuit or superior court of the county in which the employer is located, in an action by the state on the relation of the system board, prosecuted by the attorney general.

(f) In addition to the right of recovery in subsection (e), an alleged failure of an employer to make the payments required by subsection (a) may be examined by the state board of accounts under IC 5-11-1 or by the Indiana public retirement system as necessary to confirm compliance with subsection (a).

[Pre-Local Government Recodification Citations: 19-1-17.8-4; 19-1-36.5-4.]

As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1982, P.L.33, SEC.39; P.L.13-2011, SEC.16; P.L.35-2012, SEC.118; P.L.103-2021, SEC.5; P.L.9-2024, SEC.559.
Ind. Code § 36-7-22-23 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-23
Reimbursement of unit
Status: in_force

Sec. 23. Upon acceptance or rejection of a proposed economic improvement district following a petition under this chapter, the resulting district (or the person that files the petition, if the proposed district is rejected) shall, at the request of the unit, reimburse the unit for all or part of the reasonable expenses incurred by the unit to comply with this chapter. The legislative body of the unit may choose not to collect all or part of the reasonable expenses incurred to comply with this chapter.

As added by P.L.207-2018, SEC.7.
Ind. Code § 36-12-2-4 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-4
Transfer of territory; procedure
Status: in_force

Sec. 4. One (1) public library may transfer a part of the territory of the library to another public library according to the following procedure:

(1) The library boards of each public library must pass a resolution of transfer signed by a majority of the entire membership of each library board agreeing to the transfer.

(2) The library boards of each public library must include a description of the transferred territory in the respective resolutions of each public library.

(3) Each of the library boards must file a copy of the resolution of transfer:

(A) in the office of the county recorder in the county where the administrative office of the respective public library is located; and

(B) with the Indiana state library.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-11-23 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-23
Removal of historic district designation
Status: in_force

Sec. 23. (a) This section provides the exclusive method for removing the designation of a historic district. The owner or owners of a building, structure, or site designated as a single site historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the building, structure, or site as a historic district. In the case of a historic district containing two (2) or more parcels, at least sixty percent (60%) of the owners of the real property of the historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the historic district.

(b) The legislative body shall submit a petition filed under subsection (a) to the historic preservation commission of the unit. The historic preservation commission shall conduct a public hearing on the petition not later than sixty (60) days after receiving the petition. The historic preservation commission shall provide notice of the hearing:

(1) by publication under IC 5-3-1-2(b);

(2) in the case of a historic district comprised of real property owned by fewer than fifty (50) property owners, by certified mail, sent at least ten (10) days before the hearing, to each owner of real estate within the historic district; and

(3) in the case of a single building, structure, or site designated as a historic district, by certified mail, sent at least ten (10) days before the hearing, to each owner of the real estate abutting the building, structure, or site designated as a historic district that is the subject of the petition.

(c) The historic preservation commission shall make the following findings after the public hearing:

(1) Whether a building, structure, or site within the historic district continues to meet the criteria for inclusion in a historic district as set forth in the ordinance approving the historic district map under section 7 of this chapter. The determination must state specifically the criteria that are applicable to the buildings, structures, or sites within the district.

(2) Whether failure to remove the designation of the historic district would deny an owner of a building, structure, or site within the historic district reasonable use of the owner's property or prevent reasonable economic return. Evidence provided by the petitioner may include information on:

(A) costs to comply with regulations;

(B) income generation;

(C) availability of contractors to perform work;

(D) real estate values;

(E) assessed values and taxes;

(F) revenue projections;

(G) current level of return;

(H) operating expenses;

(I) vacancy rates;

(J) financing issues;

(K) efforts to explore alternative uses for a property;

(L) availability of economic incentives; and

(M) recent efforts to sell or rent property.

(3) Whether removal of the designation of a historic district would have an adverse economic impact on the owners of real estate abutting the historic district, based on testimony and evidence provided by the owners of the real estate and licensed real estate appraisers or brokers.

(4) Whether removal of or failure to remove the designation of the historic district would have an adverse impact on the unit's historic resources, and specifically whether it would result in the loss of a building, structure, or site classified as historic by the commission's survey prepared under section 6 of this chapter.

(d) Not later than ten (10) days after the public hearing, the historic preservation commission shall submit:

(1) its findings on the petition; and

(2) a recommendation to grant or deny the petition;

to the legislative body of the unit.

(e) Not later than forty-five (45) days after receiving the historic preservation commission's findings, the legislative body of the unit shall:

(1) take public comment and receive evidence in support of or in opposition to the petition; and

(2) do one (1) of the following:

(A) Deny the petition.

(B) Grant the petition by adopting an ordinance that removes the designation of the historic district by:

(i) a majority vote, if the recommendation of the historic preservation commission is to grant the petition; or

(ii) a two-thirds (2/3) vote, if the recommendation of the historic preservation commission is to deny the petition.

The legislative body shall record an ordinance adopted under subdivision (2) with the county recorder not later than ten (10) days after the legislative body adopts the ordinance. The historic district designation is considered removed on the date the ordinance is recorded with the county recorder.

(f) If the legislative body of the unit does not grant or deny the petition within forty-five (45) days after receiving the historic preservation commission's findings:

(1) the petition is considered granted or denied in accordance with the recommendation of the historic preservation commission; and

(2) if the petition is considered granted, the legislative body shall, not later than fifty-five (55) days after receiving the historic preservation commission's findings:

(A) adopt an ordinance that removes the designation of the historic district; and

(B) record the ordinance with the county recorder.

The historic district designation is considered removed on the date the ordinance is recorded with the county recorder.

As added by P.L.206-2013, SEC.1.
Ind. Code § 36-10-3-10 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-10
Board of park and recreation; duties
Status: in_force

Sec. 10. (a) The board shall:

(1) exercise general supervision of and make rules for the department;

(2) establish rules governing the use of the park and recreation facilities by the public;

(3) provide police protection for its property and activities, either by requesting assistance from state, municipal, or county police authorities, or by having specified employees deputized as police officers; the deputized employees, however, are not eligible for police pension benefits or other emoluments of police officers;

(4) appoint the necessary administrative officers of the department and fix their duties;

(5) establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics;

(6) make recommendations and an annual report to the executive and fiscal body of the unit concerning the operation of the board and the status of park and recreation programs in the district;

(7) prepare and submit an annual budget in the same manner as other executive departments of the unit; and

(8) appoint a member of the board to serve on another kind of board or commission, whenever a statute allows a park or recreation board to do this.

(b) In a municipality, the board shall fix the compensation of officers and personnel appointed under subsections (a)(4) and (a)(5), subject to IC 36-4-7-5 and IC 36-4-7-6.

[Pre-Local Government Recodification Citations: subdivisions (1), (2), (3), (4), (5), (6), (7) formerly 19-7-4-21 part; subdivision (8) formerly 19-7-4-69.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-7-1-1 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-1
Application of chapter
Status: in_force

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.2. Amended by Acts 1981, P.L.309, SEC.1.
Ind. Code § 36-1-9.5-27 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-27
Notice of entity's decision; effective date of certificate
Status: in_force

Sec. 27. (a) An entity shall send an applicant written notice of the entity's decision regarding the application.

(b) A certificate of qualification becomes effective on the date determined by the entity.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-10.5-5 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-5
"Volunteer firefighter" defined
Status: in_force

Sec. 5. As used in this chapter, "volunteer firefighter" has the meaning set forth in IC 36-8-12-2.

As added by P.L.49-1987, SEC.2.
Ind. Code § 36-8-19-12 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-12
Adjustments to tax levy; entry year of participants
Status: in_force

Sec. 12. In the same year that a tax levy is imposed under this chapter, each respective participating unit's tax levies attributable to providing fire protection services within the unit or fire protection district shall be reduced by an amount equal to the amount levied for fire protection services in the year immediately preceding the year in which each respective unit or fire protection district became a participating unit.

As added by P.L.37-1994, SEC.3. Amended by P.L.255-2017, SEC.51.
Ind. Code § 36-9-12-5 — Indiana Code / Title 36 / Article 9 / Chapter 12 / Section 36-9-12-5
Appropriations; budget estimates
Status: in_force

Sec. 5. (a) Money deposited in the special fund under section 4 of this chapter may be expended only upon a specific appropriation made for that purpose by the municipal legislative body in the same manner that it appropriates other public money.

(b) The municipal works board or board of transportation shall prepare an itemized estimate of the money necessary for the operation of parking meters for the ensuing year at the regular time of making and filing budget estimates for other departments of the municipality. These estimates shall be made and presented to the municipal legislative body in the same manner as other department estimates.

(c) An appropriation under this section is not subject to review by the department of local government finance, and the general statutes regarding appropriation of funds do not affect this chapter.

[Pre-Local Government Recodification Citation: 18-6-13-4.]

As added by Acts 1981, P.L.309, SEC.85. Amended by Acts 1981, P.L.317, SEC.11; P.L.90-2002, SEC.509; P.L.257-2019, SEC.160.
Ind. Code § 36-1-4-2 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-2
Establishment and operation
Status: in_force

Sec. 2. A unit may establish and operate a government.

[Pre-Local Government Recodification Citations: 18-1-1.5-2 part; 18-4-2-27 part; 18-4-2-32.6 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-18-30 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-30
Bonds, notes, and warrants; authorization; liability; limitations upon payment; tax exemptions; legalization
Status: in_force

Sec. 30. (a) A housing authority may issue bonds, notes, or warrants to finance any of its corporate purposes. An authority may also issue refunding bonds for the purpose of paying or retiring bonds issued by it.

(b) A housing authority may determine the types of bonds, notes, or warrants to be issued, including those on which the principal and interest are payable:

(1) exclusively from the income and revenues of the housing project financed with their proceeds;

(2) exclusively from the income and revenues of certain designated housing projects, whether or not they were financed in whole or in part with their proceeds; or

(3) except for a consolidated city, from its revenues generally.

The bonds, notes, or warrants may be additionally secured by a pledge of any revenues or a mortgage of any project or other property of the authority.

(c) Neither the commissioners of an authority nor any person executing the bonds, notes, or warrants under this section are personally liable on the bonds, notes, or warrants.

(d) The bonds, notes, or warrants of a housing authority are not a debt of the state or any political subdivision and must state this fact on their face. Neither the state nor any political subdivision is liable on them. The bonds, notes, or warrants are not payable out of any funds or properties other than those of the authority.

(e) Bonds, notes, or warrants issued under this chapter are not an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

(f) The bonds, notes, or warrants of a housing authority and the interest on them are exempt from all taxes.

(g) The bonds, notes, or warrants of a consolidated city:

(1) are payable only from revenues derived from the public housing function;

(2) are payable only from a special fund continued or established for that purpose; and

(3) are not a debt of the consolidated city and must state this fact on their face.

The consolidated city is not liable on the bonds, notes, or warrants other than out of the special fund.

(h) All bonds, notes, or warrants issued by a housing authority or a consolidated city serving the public housing function before September 1, 1987, are legalized, ratified, and declared valid, and all proceedings had and actions taken under which those bonds, notes, or warrants were issued are fully legalized and declared valid. The assumption of any obligations of a housing authority by a consolidated city is also legalized and declared valid.

(i) Bonds, notes, or warrants payable by a consolidated city under its assumption of the obligations of a housing authority under this chapter are payable only out of the funds pledged to obligees and as such are a limited obligation of the consolidated city in accordance with subsections (c), (d), (e), and (g).

[Pre-Local Government Recodification Citation: 18-7-11-14 part.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987, SEC.8.
Ind. Code § 36-7-4-509 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-509
Comprehensive plan; legislative approval, rejection, or amendment
Status: in_force

Sec. 509. (a) ADVISORY─AREA. After certification of the comprehensive plan, the legislative body may adopt a resolution approving, rejecting, or amending the plan. Such a resolution requires only a majority vote of the legislative body, and is not subject to approval or veto by the executive of the adopting unit, and the executive is not required to sign it.

(b) ADVISORY─AREA. The comprehensive plan is not effective for a jurisdiction until it has been approved by a resolution of its legislative body. After approval by resolution of the legislative body of the unit, it is official for each unit that approves it. Upon approval of the comprehensive plan by the legislative body, the clerk of the legislative body shall place one (1) copy of the comprehensive plan on file in the office of the county recorder.

[Pre-Local Government Recodification Citations: 18-7-2-35 part; 18-7-4-509; 18-7-4-42 part; 18-7-4-43 part; 18-7-5-42.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.11; P.L.220-1986, SEC.12.
Ind. Code § 36-1-3-11.2 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-11.2
Fee waiver for occupational or professional license
Status: in_force

Sec. 11.2. (a) This section applies to a license for which a unit imposed a fee before July 1, 2017.

(b) As used in this section, "license" means any license, permit, registration, endorsement, or certificate required by a unit for:

(1) an individual to practice or a business to engage one (1) or more individuals to practice an occupation or profession in an area over which the unit has jurisdiction; or

(2) an individual or business to use in an area over which the unit has jurisdiction, a name, or other designation that is associated with an occupation or a profession.

(c) After June 30, 2017, a unit shall waive fees and taxes related to the initial issuance and reinstatement, including tests, inspections, and other activities that are a condition of the initial issuance or reinstatement of a license, of an occupational or professional license if:

(1) the combined adjusted gross income (as defined in Section 62 of the Internal Revenue Code) of:

(A) the applicant and the applicant's spouse; and

(B) any other individuals living together with the applicant at one (1) residence as a domestic unit with mutual economic dependency;

for the calendar year preceding the year in which an application to issue, renew, or reinstate is made did not exceed one hundred twenty percent (120%) of the federal poverty level;

(2) the applicant, at the time of submitting an application for the initial issuance or reinstatement of a license, is enrolled in a state or federal public assistance program;

(3) the applicant is a veteran (as defined in IC 10-17-15-3) or the spouse of a veteran; or

(4) the applicant is a member of the armed forces of the United States (as defined in IC 5-9-4-3) or national guard (as defined in IC 5-9-4-4) on active duty or the spouse of the member.

(d) After June 30, 2017, a unit shall waive fifty percent (50%) of the fees and taxes related to the initial issuance and reinstatement, including tests, inspections, and other activities that are a condition of the initial issuance or reinstatement of a license, of an occupational or professional license if the combined adjusted gross income (as defined in Section 62 of the Internal Revenue Code) of:

(1) the applicant and the applicant's spouse; and

(2) any other individuals living together with the applicant at one (1) residence as a domestic unit with mutual economic dependency;

for the calendar year preceding the year in which an application to issue, renew, or reinstate is made equaled or exceeded one hundred twenty percent (120%) of the federal poverty level and did not exceed one hundred eighty-five percent (185%) of the federal poverty level.

As added by P.L.223-2017, SEC.1.
Ind. Code § 36-7-4-803 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-803
Bonds of contractors, engineers, and surveyors; enforcement of zoning or subdivision ordinance
Status: in_force

Sec. 803. (a) AREA─METRO. As an additional means of insuring the enforcement of a zoning or subdivision ordinance, a legislative body may adopt, as a part of either ordinance or by separate ordinance, provisions requiring building contractors to furnish an annual bond of one thousand dollars ($1,000). This bond is to insure that if the construction does not comply with the zoning or subdivision ordinance that it can be made to conform without cost to the municipality, the county, or the person for whom the construction was undertaken.

(b) METRO. An ordinance under subsection (a) may also require professional engineers and land surveyors to furnish an annual bond of one thousand dollars ($1,000) to insure that their plans and surveys conform to the zoning or subdivision ordinance.

(c) METRO. A person constructing a building for the person's own use and occupancy as a residence or in connection with the person's residence is exempt from any provisions adopted under subsection (a).

[Pre-Local Government Recodification Citations: 18-7-2-58 part; 18-7-4-803; 18-7-4-64.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.173.
Ind. Code § 36-1-22-1 — Indiana Code / Title 36 / Article 1 / Chapter 22 / Section 36-1-22-1
"Builder"
Status: in_force

Sec. 1. As used in this chapter, "builder" means a person engaged in constructing new homes.

As added by P.L.218-2014, SEC.20.
Ind. Code § 36-9-6.1-2 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-2
Units adopting a thoroughfare plan; tax levy; collection; fund
Status: in_force

Sec. 2. (a) The fiscal body of a unit that has adopted a thoroughfare plan under IC 36-7-4 may levy a tax of five cents ($0.05) on each one hundred dollars ($100) of taxable property in the unit. The tax may be levied annually, in the same way that other property taxes are levied.

(b) The taxes levied under this section shall be collected in the same manner as other property taxes and deposited in a separate and continuing fund to be known as the thoroughfare fund. The fiscal officer of the unit may make payments or transfers from this fund only on warrants of the works board for work related to the thoroughfare plan.

As added by P.L.220-1986, SEC.30. Amended by P.L.6-1997, SEC.217.
Ind. Code § 36-11-3-3 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-3
Notice of intent to dissolve
Status: in_force

Sec. 3. A notice of intent to dissolve a district under this chapter must state the reasons why the district is not needed.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-8-21.5-11 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-11
Siren coverage report; required information; public hearings; adoption
Status: in_force

Sec. 11. (a) Except for the recommendation required by subsection (b)(3), the county legislative body may designate one (1) or more:

(1) infrastructure agencies; or

(2) other departments, divisions, or agencies;

to prepare a siren coverage report.

(b) A siren coverage report must include the following:

(1) A description of all existing and planned severe weather warning sirens in the county as of the date of the report. For each severe weather warning siren identified, the following information must be included:

(A) The location of the siren within the county, including an identification of any political subdivision in which the siren is or will be located. The information provided under this clause must include a map depicting the location of each siren within the county.

(B) The following technical and other specifications for the siren:

(i) The manufacturer and model year.

(ii) For an existing siren, the date of installation.

(iii) For a planned siren, the planned dates for installation and first operation.

(iv) The range of the siren, identified in miles or some other appropriate measure of distance.

(v) The number of persons living within the range identified under item (iv), as determined by the most recent federal census block data available.

(vi) For an existing siren, siren activation data for the most recent twelve (12) month period, including the date of each activation and whether the siren was activated for testing purposes or for an actual severe weather event. If an existing siren has been in operation for less than twelve (12) months, the data required by this item must cover all activations occurring since the date the siren first came online.

(vii) For an existing siren, the siren's failure rate, as determined from the data reported under item (vi).

(2) An identification of the areas in the county that are not within the range of an existing or a planned siren. For each area identified under this subdivision, the following information must be included:

(A) The number of persons living in the area, as determined by the most recent federal census block data available.

(B) Any development planned for the area, as determined through consultation with all appropriate planning agencies. The information required by this clause must include:

(i) the type of development proposed;

(ii) the number of new dwelling units or other buildings proposed; and

(iii) the status of the proposal, including the status of any needed permits or approvals.

(3) Subject to subsection (e), a recommendation by the county legislative body as to the county's need for any additional sirens, other than those sirens identified as planned sirens under subdivision (1). The county legislative body may recommend under this subdivision additional sirens to provide coverage for:

(A) any of the areas identified under subdivision (2) as not within the range of an existing or a planned siren; or

(B) any area identified under subdivision (1) as within the range of an existing siren, if the county legislative body determines that the existing siren does not provide consistent or adequate coverage for the area, based on the existing siren's failure rate, as determined under subdivision (1)(B)(vii).

(c) In making a recommendation under subsection (b)(3), the county legislative body:

(1) may consult with the department; and

(2) shall consult with each:

(A) infrastructure agency; and

(B) planning agency;

with jurisdiction in an area identified by the county legislative body as needing one (1) or more sirens.

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

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

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

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

(1) adopt the report:

(A) as originally proposed; or

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

(2) submit the report to the department.

As added by P.L.89-2008, SEC.1.
Ind. Code § 36-4-1.5-1 — Indiana Code / Title 36 / Article 4 / Chapter 1.5 / Section 36-4-1.5-1
Change of status; town to city
Status: in_force

Sec. 1. (a) A town may be changed into a city only as provided in this chapter.

(b) A town with a population of less than two thousand (2,000) may not be changed into a city.

As added by P.L.111-2005, SEC.2.
Ind. Code § 36-8-13.5-5 — Indiana Code / Title 36 / Article 8 / Chapter 13.5 / Section 36-8-13.5-5
Repealed
Status: repealed

As added by P.L.65-2008, SEC.4. Repealed by P.L.122-2023, SEC.34.
Ind. Code § 36-7-31.3-3 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-3
"Budget committee"
Status: in_force

Sec. 3. As used in this chapter, "budget committee" has the meaning set forth in IC 4-12-1-3.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-9-23-12.5 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-12.5
User moving to new residence; forwarding final bill
Status: in_force

Sec. 12.5. Whenever a sewer user moves to a different residence from the one being supplied sewer service, but within the same municipality, the sewer utility shall forward the user's final sewer bill to the new address.

As added by P.L.349-1985, SEC.4.
Ind. Code § 36-9-25-11.1 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-11.1
Deposits to secure payment of fees
Status: in_force

Sec. 11.1. In a consolidated city, the board may also require the users of the sewage service to make a reasonable deposit in advance of a connection or reconnection to the sewerage system to secure payment of the fees. The deposit may not exceed thirty-three percent (33%) of the estimated annual cost of the service for a particular user.

As added by P.L.349-1985, SEC.1.
Ind. Code § 36-7-4-1613 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1613
Transmission of board record to court; extension of time to file record; cost of copies and transcripts
Status: in_force

Sec. 1613. (a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court, the petitioner shall transmit to the court the original or a certified copy of the board record for judicial review of the zoning decision, consisting of:

(1) any board documents expressing the decision;

(2) other documents identified by the board as having been considered by the board before its decision and used as a basis for its decision; and

(3) any other material described in this chapter or other law as the board record for the type of zoning decision at issue, subject to this section.

(b) An extension of time in which to file the record shall be granted by the court for good cause shown. Inability to obtain the record from the responsible board within the time permitted by this section is good cause. Failure to file the record within the time permitted by this subsection, including any extension period ordered by the court, is cause for dismissal of the petition for review by the court, on its own motion, or on petition of any party of record to the proceeding.

(c) Upon a written request by the petitioner, the board making the zoning decision being reviewed shall prepare the board record for the petitioner. If part of the record has been preserved without a transcript, the board shall, if practicable, prepare a transcript for inclusion in the record transmitted to the court, except for parts that the parties to the judicial review proceeding stipulate to omit in accordance with subsection (e).

(d) Notwithstanding IC 5-14-3-8, the board shall charge the petitioner with the reasonable cost of preparing any necessary copies and transcripts for transmittal to the court, unless a person files with the court, under oath and in writing, the statement described by IC 33-37-3-2.

(e) By stipulation of all parties to the review proceedings, the record may be shortened, summarized, or organized.

(f) The court may tax the cost of preparing transcripts and copies for the record:

(1) against a party to the judicial review proceeding who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or

(2) in accordance with the rules governing civil actions in the courts or other law.

(g) Additions to the record concerning evidence received under section 1612 of this chapter must be made as ordered by the court. The court may require or permit subsequent corrections or additions to the record.

As added by P.L.126-2011, SEC.60.
Ind. Code § 36-7-32.6-4 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-4
"Contractor"
Status: in_force

Sec. 4. As used in this chapter, "contractor" has the meaning set forth in IC 6-2.5-1-14.9.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-9-39-4 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-4
Notice of resolution and hearing; cost estimate
Status: in_force

Sec. 4. (a) Notice of the resolution required under section 3 of this chapter shall be published in accordance with IC 5-3-1. The notice must state the date, time, and place of a hearing at which the municipal works board will hear all interested persons, including persons whose property is affected or will be affected by the proposed sewage works, on the question of whether the special benefits that will accrue to the property to be assessed will be equal to the estimated cost of the works.

(b) On or before the date specified in the notice, the engineer shall file with the works board the engineer's estimate of the total cost of the work, including any amount determined under IC 36-9-22-5.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-8-17-2 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-2
"Fire department"
Status: in_force

Sec. 2. As used in this chapter, "fire department" means a paid fire department or a volunteer fire department that renders fire prevention or fire protection services to a political subdivision.

As added by P.L.245-1987, SEC.21. Amended by P.L.1-1999, SEC.103.
Ind. Code § 36-10-9.5-12 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-12
Revenue bonds
Status: in_force

Sec. 12. (a) A capital improvement may be financed in whole or in part by the issuance of bonds payable, to the extent stated in the resolution or trust agreement providing for the issuance of the bonds, solely from one (1) or more of the following sources:

(1) Net income received from the operation of the capital improvement and not required to be deposited in the capital improvement bond fund under section 10 of this chapter.

(2) Net income received from the operation of any other capital improvement or improvements and not required to be deposited in the capital improvement bond fund under section 10 of this chapter.

(3) Money in the capital improvement bond fund available for that purpose.

(4) Money in the capital improvement fund available for that purpose.

(5) Any other funds made available for that purpose.

The resolution or trust agreement may pledge all or part of those amounts to the repayment of the bonds and may secure the bonds by a lien on the amounts pledged.

(b) If the board desires to finance a capital improvement in whole or in part as provided in this section, it shall adopt a resolution authorizing the issuance of revenue bonds. The resolution must state the date or dates on which the principal of the bonds will mature (not exceeding forty (40) years from the date of issuance), the maximum interest rate to be paid, and the other terms upon which the bonds will be issued.

(c) The board may, under section 13 of this chapter, enter into a trust agreement with a trust company as trustee for the bondholders. An action to contest the validity of bonds to be issued under this section may not be brought after the fifteenth day following:

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

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

whichever occurs first.

(d) Bonds issued under this section may be sold at public or private sale for the price or prices that are provided in the resolution authorizing the issuance of bonds. All bonds and interest are exempt from taxation in Indiana as provided in IC 6-8-5.

(e) When issuing revenue bonds, the board may covenant with the purchasers of the bonds that any funds in the capital improvement fund may be used to pay the principal on, or interest of, the bonds that cannot be paid from any other funds.

(f) The revenue bonds may be made redeemable before maturity at the price or prices and under the terms that are determined by the board in the authorizing resolution. The board shall determine the form of bonds, including any interest coupons to be attached, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or outside Indiana. All bonds must have all the qualities and incidents of negotiable instruments under statute. Provision may be made for the registration of any of the bonds as to principal alone or to both principal and interest.

(g) The revenue bonds must recite on the face that the principal of and interest on the bonds is payable solely from the amounts pledged to their payment. The bonds shall be executed by the manual or facsimile signature of the president of the board, and attested by the manual or facsimile signature of the treasurer of the board. However, one (1) of the signatures must be manual, unless the bonds are authenticated by the manual signature of an authorized officer or a trustee for the bondholders. Any coupons attached must bear the facsimile signature of the president of the board.

(h) This chapter constitutes full and complete authority for the issuance of revenue bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things by the board or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to issue any revenue bonds except as prescribed in this chapter.

(i) Revenue bonds issued under this section are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under statute.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-3-1-6.1 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-6.1
Consolidation of fire departments
Status: in_force

Sec. 6.1. (a) This section applies only in a county containing a consolidated city. If the requirements of subsection (g) are satisfied, the fire departments of the following are consolidated into the fire department of a consolidated city (referred to as "the consolidated fire department"):

(1) A township for which the consolidation is approved by the township legislative body and trustee and the legislative body and mayor of the consolidated city.

(2) Any fire protection territory established under IC 36-8-19 that is located in a township described in subdivision (1).

(b) If the requirements of subsection (g) are satisfied, the consolidated fire department shall provide fire protection services within an entity described in subsection (a)(1) or (a)(2) in which the requirements of subsection (g) are satisfied on the date agreed to in the resolution of the township legislative body and the ordinance of the legislative body of the consolidated city.

(c) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of the consolidated city, all of the property, equipment, records, rights, and contracts of the department consolidated into the fire department of the consolidated city are:

(1) transferred to; or

(2) assumed by;

the consolidated city on the effective date of the consolidation. However, real property other than real property used as a fire station may be transferred only on terms mutually agreed to by the legislative body and mayor of the consolidated city and the trustee and legislative body of the township in which that real property is located.

(d) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of the consolidated city, the employees of the fire department consolidated into the fire department of the consolidated city cease employment with the department of the entity listed in subsection (a) and become employees of the consolidated fire department on the effective date of the consolidation. The consolidated city shall assume all agreements with labor organizations that:

(1) are in effect on the effective date of the consolidation; and

(2) apply to employees of the department consolidated into the fire department of the consolidated city who become employees of the consolidated fire department.

(e) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of a consolidated city, the indebtedness related to fire protection services incurred before the effective date of the consolidation by the entity or a building, holding, or leasing corporation on behalf of the entity whose fire department is consolidated into the consolidated fire department under subsection (a) shall remain the debt of the entity and does not become and may not be assumed by the consolidated city. Indebtedness related to fire protection services that is incurred by the consolidated city before the effective date of the consolidation shall remain the debt of the consolidated city and property taxes levied to pay the debt may only be levied by the fire special service district.

(f) If the requirements of subsection (g) are satisfied and the fire department of an entity listed in subsection (a) is consolidated into the fire department of a consolidated city, the merit board and the merit system of the fire department that is consolidated are dissolved on the effective date of the consolidation, and the duties of the merit board are transferred to and assumed by the merit board for the consolidated fire department on the effective date of the consolidation.

(g) A township legislative body, after approval by the township trustee, may adopt a resolution approving the consolidation of the township's fire department with the fire department of the consolidated city. A township legislative body may adopt a resolution under this subsection only after the township legislative body has held a public hearing concerning the proposed consolidation. The township legislative body shall hold the hearing not earlier than thirty (30) days after the date the resolution is introduced. The hearing shall be conducted in accordance with IC 5-14-1.5 and notice of the hearing shall be published in accordance with IC 5-3-1. If the township legislative body has adopted a resolution under this subsection, the township legislative body shall, after approval from the township trustee, forward the resolution to the legislative body of the consolidated city. If such a resolution is forwarded to the legislative body of the consolidated city and the legislative body of the consolidated city adopts an ordinance, approved by the mayor of the consolidated city, approving the consolidation of the fire department of the township into the fire department of the consolidated city, the requirements of this subsection are satisfied. The consolidation shall take effect on the date agreed to by the township legislative body in its resolution and by the legislative body of the consolidated city in its ordinance approving the consolidation.

(h) The following apply if the requirements of subsection (g) are satisfied:

(1) The consolidation of the fire department of that township is effective on the date agreed to by the township legislative body in the resolution and by the legislative body of the consolidated city in its ordinance approving the consolidation.

(2) Notwithstanding any other provision, a firefighter:

(A) who is a member of the 1977 fund before the effective date of a consolidation under this section; and

(B) who, after the consolidation, becomes an employee of the fire department of a consolidated city under this section;

remains a member of the 1977 fund without being required to meet the requirements under IC 36-8-8-19 and IC 36-8-8-21. The firefighter shall receive credit for any service as a member of the 1977 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-8.

(3) Notwithstanding any other provision, a firefighter:

(A) who is a member of the 1937 fund before the effective date of a consolidation under this section; and

(B) who, after the consolidation, becomes an employee of the fire department of a consolidated city under this section;

remains a member of the 1937 fund. The firefighter shall receive credit for any service as a member of the 1937 fund before the consolidation to determine the firefighter's eligibility for benefits under IC 36-8-7.

(4) For property taxes first due and payable in the year in which the consolidation is effective, the maximum permissible ad valorem property tax levy under IC 6-1.1-18.5:

(A) is increased for the consolidated city by an amount equal to the maximum permissible ad valorem property tax levy in the year preceding the year in which the consolidation is effective for fire protection and related services by the township whose fire department is consolidated into the fire department of the consolidated city under this section; and

(B) is reduced for the township whose fire department is consolidated into the fire department of the consolidated city under this section by the amount equal to the maximum permissible ad valorem property tax levy in the year preceding the year in which the consolidation is effective for fire protection and related services for the township.

(5) The amount levied in the year preceding the year in which the consolidation is effective by the township whose fire department is consolidated into the fire department of the consolidated city for the township's cumulative building and equipment fund for fire protection and related services is transferred on the effective date of the consolidation to the consolidated city's cumulative building and equipment fund for fire protection and related services, which is hereby established. The consolidated city is exempted from the requirements of IC 36-8-14 and IC 6-1.1-41 regarding establishment of the cumulative building and equipment fund for fire protection and related services.

(6) The local boards for the 1937 firefighters' pension fund and the 1977 police officers' and firefighters' pension and disability fund of the township are dissolved, and their services are terminated not later than the effective date of the consolidation. The duties performed by the local boards under IC 36-8-7 and IC 36-8-8, respectively, are assumed by the consolidated city's local board for the 1937 firefighters' pension fund and local board for the 1977 police officers' and firefighters' pension and disability fund, respectively. Notwithstanding any other provision, the legislative body of the consolidated city may adopt an ordinance to adjust the membership of the consolidated city's local board to reflect the consolidation.

(7) The consolidated city may levy property taxes within the consolidated city's maximum permissible ad valorem property tax levy limit to provide for the payment of the expenses for the operation of the consolidated fire department. However, property taxes to fund the pension obligation under IC 36-8-7 for members of the 1937 firefighters fund who were employees of the consolidated city at the time of the consolidation may be levied only by the fire special service district within the fire special service district. The fire special service district established under IC 36-3-1-6 may levy property taxes to provide for the payment of expenses for the operation of the consolidated fire department within the territory of the fire special service district. Property taxes to fund the pension obligation under IC 36-8-8 for members of the 1977 police officers' and firefighters' pension and disability fund who were members of the fire department of the consolidated city on the effective date of the consolidation may be levied only by the fire special service district within the fire special service district. Property taxes to fund the pension obligation for members of the 1937 firefighters fund who were not members of the fire department of the consolidated city on the effective date of the consolidation and members of the 1977 police officers' and firefighters' pension and disability fund who were not members of the fire department of the consolidated city on the effective date of the consolidation may be levied by the consolidated city within the city's maximum permissible ad valorem property tax levy. However, these taxes may be levied only within the fire special service district and any townships that have consolidated fire departments under this section.

(8) The executive of the consolidated city shall provide for an independent evaluation and performance audit, due before March 1 of the year in which the consolidation is effective and before March 1 in each of the following two (2) years, to determine:

(A) the amount of any cost savings, operational efficiencies, or improved service levels; and

(B) any tax shifts among taxpayers;

that result from the consolidation. The independent evaluation and performance audit must be provided to the legislative council in an electronic format under IC 5-14-6 and to the state budget committee.

As added by P.L.227-2005, SEC.18. Amended by P.L.1-2006, SEC.560.
Ind. Code § 36-8-12.2-3 — Indiana Code / Title 36 / Article 8 / Chapter 12.2 / Section 36-8-12.2-3
"Hazardous materials emergency" defined
Status: in_force

Sec. 3. As used in this chapter, "hazardous materials emergency" has the meaning set forth in IC 13-11-2-97.

As added by P.L.33-2001, SEC.3.
Ind. Code § 36-4-8-4 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-4
Claims against city; audit; refusal to pay
Status: in_force

Sec. 4. (a) The city fiscal officer may audit a claim against the city by examining under oath any officer, agent, or employee of the city or any other person. When acting under this section, the fiscal officer has the same powers as the city legislative body in summoning and examining witnesses.

(b) If the fiscal officer finds that:

(1) the claim includes an item for which no appropriation has been made;

(2) there is not a sufficient balance for payment of the claim in the proper fund; or

(3) the claim should not be approved for any reason;

the fiscal officer may not issue warrants to pay the claim and the fiscal officer shall notify the proper department of the reasons for the fiscal officer's refusal to pay the claim.

[Pre-Local Government Recodification Citation: 18-1-6-11 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.132.
Ind. Code § 36-9-6-2 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-2
Supervision of streets, alleys, and city property
Status: in_force

Sec. 2. Unless otherwise provided by statute or ordinance, the works board shall supervise the streets, alleys, sewers, public grounds, and other property of the city, and shall keep them in repair and good condition. The works board shall provide for the cleaning of city streets and alleys.

[Pre-Local Government Recodification Citation: 18-1-6-16 part.]

As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982, P.L.33, SEC.43.
Ind. Code § 36-9-28.7-1 — Indiana Code / Title 36 / Article 9 / Chapter 28.7 / Section 36-9-28.7-1
"Artificial conveyance"
Status: in_force

Sec. 1. (a) As used in this chapter, "artificial conveyance" means a manmade structure in or into which storm water runoff or floodwaters flow, either continuously or intermittently.

(b) The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, downspouts, roadways, and any other structure using a similar method.

As added by P.L.125-2011, SEC.3.
Ind. Code § 36-5-3-1 — Indiana Code / Title 36 / Article 5 / Chapter 3 / Section 36-5-3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all towns.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-7.5-4.5-16 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-16
County that is not a member of development authority; financially participate in mainline double tracking project as associate member or cash member; rights and duties
Status: in_force

Sec. 16. (a) A county that is not a member of the development authority, along with municipalities within the county, may financially participate in the mainline double tracking project and receive the same benefits a member would receive under this chapter. To financially participate, a county may become an associate member of the development authority or a cash participant. The county fiscal body must adopt a resolution to make the county a financial participant. The resolution must specify whether the county is choosing to be an associate member of the development authority or a cash participant. If the county chooses to be a cash participant, the resolution must specify whether the county will make a cash payment to the development authority for the county's share of the local part of the state and local cost of the project or will commit to making debt service payments annually for the life of the bonds used to finance the rail project.

(b) The following apply to an associate member county:

(1) The county is not a full member of the development authority.

(2) The executive of the largest municipality in the county may appoint an individual to serve as a nonvoting member on the development authority board.

(3) The county agrees to pay two million five hundred thousand dollars ($2,500,000) annually to the development authority to cover the following expenses:

(A) The county's share of the cost of the rail project under the final financing plan agreed to by the development authority and the Indiana finance authority, estimated to be one million five hundred thousand dollars ($1,500,000) in annual debt service.

(B) A debt service coverage ratio of one hundred thirty-three percent (133%).

(C) A reserve of five hundred thousand dollars ($500,000) for administrative and issuance costs.

(4) The county must pledge revenue for the membership payment from only property tax revenue or local income tax revenue, or both.

(c) The following apply to a cash participant county:

(1) The county is not an associate or a full member of the development authority.

(2) The county is not entitled to appoint an individual to serve as a voting or nonvoting member on the development authority board.

(3) The county shall make either a cash payment to the development authority for the county's share of the local portion of the state and local cost of the project or shall commit to making debt service payments annually for the life of the bonds.

(4) If the cash payment option is chosen, within one hundred twenty (120) days after the rail project is approved for federal funding and the final financing plan is agreed to by the development authority and the Indiana finance authority, the county shall pay to the development authority or the Indiana finance authority the amount of the county's share of the rail project's cost, estimated to be eighteen million two hundred fifty thousand dollars ($18,250,000).

(5) If the annual debt service payments for the life of the bonds option is chosen, before December 31 of each year, the county shall pay to the development authority or the Indiana finance authority the amount of the county's annual share of the project's cost under the final financing plan negotiated by the development authority and the Indiana finance authority, estimated to be two million dollars ($2,000,000) annually, to cover the following expenses:

(A) An estimated one million five hundred thousand dollars ($1,500,000) in annual debt service.

(B) A debt service coverage ratio of one hundred thirty-three percent (133%).

The county must pledge revenue for the debt service payment from only property tax revenue or local income tax revenue, or both.

(6) The property tax and local income tax incremental revenues from a district located in a political subdivision shall be distributed by the county auditor to the political subdivision's redevelopment commission.

(7) Money in a fund of a redevelopment commission established by a county or municipality that is not otherwise committed for other purposes may be used to make payments required by this subsection.

(d) The following apply to a county that is an associate member of the development authority or a cash participant county:

(1) The Indiana finance authority shall conduct pre-financing verification of an associate member county or a cash participant county to pay for the rail project.

(2) By becoming an associate member county or a cash participant county, the county agrees to a state intercept provision that will remain in force for the life of the state bonds used to fund the rail project construction.

(3) The amount attributable to any debt service coverage reserve provided by a county shall be returned to the county at the end of the first ten (10) year period less the issuance and administrative costs incurred by the development authority and the Indiana finance authority.

(4) The property tax increment revenue and local income tax increment revenue within a district shall be used by the development authority or redevelopment commission or both, in the case of a district located in an associate member county, only to fund development projects within that district.

(5) Each year, the development authority or the Indiana finance authority shall reconcile the total actual costs of the rail project compared to the total costs of the rail project used to determine a county's payments under this section. To the extent the total actual costs of the rail project are less than the total rail project costs used to determine payment amounts, the development authority or the Indiana finance authority shall distribute twenty-five percent (25%) of the total amount to the county. To the extent the total actual rail project costs are greater than the total rail project costs used to determine payment amounts, the county shall pay to the development authority or the Indiana finance authority twenty-five percent (25%) of the total amount.

(6) The state shall capture state sales tax revenue and state income tax revenue within the district for the duration of the district's existence.

(e) The development authority shall report annually to the budget agency and to all the members and participating counties on the amount of the issuance costs and administrative costs incurred in the preceding year.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-6-6-8 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-8
Record of proceedings
Status: in_force

Sec. 8. The legislative body shall keep a permanent record of its proceedings in a book furnished by the executive. The secretary of the legislative body shall, under the direction of the legislative body, record the minutes of the proceedings of each meeting in full and shall provide copies of the minutes to each member of the legislative body before the next meeting is convened. After the minutes are approved by the legislative body, the secretary of the legislative body shall place the minutes in the permanent record book. The chair of the legislative body shall retain the record in the chair's custody.

[Pre-Local Government Recodification Citation: 17-4-28-1 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.98-2000, SEC.25; P.L.127-2017, SEC.162.
Ind. Code § 36-7-9-13 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-13
Notice of unpaid costs; filing with clerk of court; hearing; judgment lien
Status: in_force

Sec. 13. (a) If all or any part of the costs listed in section 12 of this chapter remain unpaid for any unsafe premises (other than unsafe premises owned by a governmental entity) for more than fifteen (15) days after the completion of the work, the enforcement authority does not act under section 13.5 of this chapter, and the enforcement authority determines that there is a reasonable probability of obtaining recovery, the enforcement authority shall prepare a record stating:

(1) the name and last known address of each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises from the time the order requiring the work to be performed was recorded to the time that the work was completed;

(2) the legal description or address of the unsafe premises that were the subject of work;

(3) the nature of the work that was accomplished;

(4) the amount of the unpaid bid price of the work that was accomplished; and

(5) the amount of the unpaid average processing expense.

(b) The enforcement authority, or its head, shall swear to the accuracy of the record before the clerk of the circuit court and deposit the record in the clerk's office. Notice that the record has been filed and that a hearing on the amounts indicated in the record may be held must be sent in the manner prescribed by section 25 of this chapter to all of the following:

(1) The persons named in the record.

(2) Any mortgagee that has a known or recorded substantial property interest.

(c) If, within thirty (30) days after the notice required by subsection (b), a person named in the record or a mortgagee files with the clerk of the circuit court a written petition objecting to the claim for payment and requesting a hearing, the clerk shall enter the cause on the docket of the circuit or superior court as a civil action, and a hearing shall be held on the question in the manner prescribed by IC 4-21.5. However, issues that could have been determined under section 8 of this chapter may not be entertained at the hearing. At the conclusion of the hearing, the court shall either sustain the petition or enter a judgment against the persons named in the record for the amounts recorded or for modified amounts.

(d) If no petition is filed under subsection (c), the clerk of the circuit court shall enter the cause on the docket of the court and the court shall enter a judgment for the amounts stated in the record.

(e) A judgment under subsection (c) or (d), to the extent that it is not satisfied under IC 27-2-15, is a debt and a lien on all the real and personal property of the person named, or a joint and several debt and lien on the real and personal property of the persons named in the record prepared under subsection (a). The lien on real property is perfected against all creditors and purchasers when the judgment is entered on the judgment docket of the court. The lien on personal property is perfected by filing a lis pendens notice in the appropriate filing office, as prescribed by the Indiana Rules of Trial Procedure.

(f) Judgments rendered under this section may be enforced in the same manner as all other judgments are enforced.

[Pre-Local Government Recodification Citation: 18-5-5.5-16 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.12; P.L.7-1987, SEC.167; P.L.247-1989, SEC.3; P.L.31-1994, SEC.12; P.L.169-2006, SEC.64; P.L.159-2020, SEC.81.
Ind. Code § 36-2-6-10 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-10
Judgments obligating county to exceed its appropriation
Status: in_force

Sec. 10. A court may obligate the county to exceed its appropriation for that court only by judgment rendered in a cause in which the court has jurisdiction of the parties and subject matter of the action. An obligation imposed on a county in violation of this section is void.

[Pre-Local Government Recodification Citation: 17-1-24-26.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-10-11-20 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-20
Revenue bonds; issuance; resolution
Status: in_force

Sec. 20. (a) In order to procure funds to pay the cost of a building to be built or improved under this chapter, and to repay advances for preliminary expenses made to the authority by the governmental entity, the board of directors may issue revenue bonds of the authority. The bonds are payable solely from the income and revenues of the particular building financed from the proceeds of the bonds.

(b) The revenue bonds shall be authorized by resolution of the board, bear interest payable semiannually, and mature serially, either annually or semiannually, at the times that are determined by the resolution of the board authorizing the bonds. The maturities of the bonds may not extend over a period longer than the period of the lease of the building for which the bonds are issued. The bonds may and all bonds maturing after ten (10) years from the date of issuance shall be made redeemable before maturity at the option of the authority, to be exercised by the board, at par value together with the premiums and under the terms and conditions that are fixed by the resolution authorizing the issuance of the bonds. The principal and interest of the bonds may be made payable in any lawful medium.

(c) The resolution must determine the form of the bonds, including the interest coupons to be attached, and must fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which must be at a state or national bank or trust company within Indiana or may be at one (1) or more state or national banks or trust companies outside Indiana. All bonds must have all the qualities and incidents of negotiable instruments under statute. Provision may be made for the registration of the bonds in the name of the owner as to principal alone.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-23-32 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-32
Executive director
Status: in_force

Sec. 32. (a) The board may appoint an executive director of the authority.

(b) If the board determines to appoint an executive director, the board shall appoint a nominating committee composed of members of the board. The committee must submit a recommendation to the board concerning the individuals qualified to serve as executive director.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.16.
Ind. Code § 36-7-7-1 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to any area consisting of two (2) or more counties (referred to as a "region" in this chapter).

[Pre-Local Government Recodification Citation: 18-7-1.1-3(f).]

As added by Acts 1981, P.L.309, SEC.26.
Ind. Code § 36-7-11.9-2 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-2
"Developer"
Status: in_force

Sec. 2. "Developer" means a person that proposes to enter, or has entered, into a financing agreement with a unit for economic development or pollution control facilities and that has entered into a separate agreement with some other person for the substantial use of the facilities financed.

As added by P.L.20-1985, SEC.14.
Ind. Code § 36-2-6-15 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-15
Settlement made by county executive with county, township, or school officer; overpayment
Status: in_force

Sec. 15. (a) A settlement made by the county executive with a county, township, or school officer is binding on the state or county only if the officer has accounted for all money the officer has collected by virtue of the officer's office and has performed every duty required of the officer by law. If the settlement is not binding, the officer and the officer's sureties are liable as if no settlement had been made.

(b) If the county executive finds that through mistake or any other cause a county, township, or school officer has paid over to the county, or reported, settled, or accounted to the county executive for more money than the officer owed, the executive may:

(1) order that the officer be repaid out of the proper fund and be given the proper credit by the county auditor; or

(2) if the money has not yet been paid by the officer, release so much of the officer's debt as it finds to be mistaken.

[Pre-Local Government Recodification Citation: 17-2-49-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.34.
Ind. Code § 36-9-31-1 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each consolidated city.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-7-37-6 — Indiana Code / Title 36 / Article 7 / Chapter 37 / Section 36-7-37-6
Timing of notice of sale of vacant or abandoned property
Status: in_force

Sec. 6. (a) This section applies to:

(1) a petition by the executive of a county, city, or town for a court order of abandonment; and

(2) an order by an enforcement authority under IC 36-7-9-7.

(b) Instead of providing notice at least one hundred twenty (120) days before the date of a certification under IC 6-1.1-24-1.5, the executive of the county, city, or town that is filing the petition or the enforcement authority that issued the order under IC 36-7-9-7 may provide the notice referred to in IC 6-1.1-24-2.3 at least one hundred twenty (120) days before the petition is filed under this chapter or the order is sent under IC 36-7-9-7.

(c) A court order or hearing authority determination of abandonment under this chapter authorizes the sale of the property and transfer of the deed of the property under IC 6-1.1-24.

As added by P.L.247-2015, SEC.50.
Ind. Code § 36-1-9.5-13 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-13
"Performance bond" defined
Status: in_force

Sec. 13. As used in this chapter, "performance bond" means an approved form of security, furnished and executed by the bidder and the bidder's surety, that guarantees the complete execution of the contract and all supplemental agreements.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-15.3-4 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-4
"Bonds" defined
Status: in_force

Sec. 4. As used in this chapter, "bonds" means bonds, notes, or other evidence of indebtedness issued by the authority.

As added by P.L.84-1987, SEC.14.
Ind. Code § 36-12-15-4 — Indiana Code / Title 36 / Article 12 / Chapter 15 / Section 36-12-15-4
Acquisition of property by gift, grant, or devise
Status: in_force

Sec. 4. A city or incorporated town in which a free public library is established under this chapter may acquire by purchase or take and hold by gift, grant, or devise any real estate necessary for, or that is donated or devised for, the library. Any revenue derived from the real property shall be used for the library.

[Pre-2006 Education Finance Recodification Citation: 20-26-5-27.]

As added by P.L.2-2006, SEC.198.
Ind. Code § 36-8-19-8 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-8-b
Fire protection territory fund; establishment; purposes; budget; tax levies
Status: in_force

Revisor's Note: The effective date of this section, as amended by P.L.68-2025, was amended by P.L.157-2026, SEC.290 to 7-1-2028.

Note: This version of section effective 7-1-2028. See also preceding version of this section, effective until 7-1-2028.

Sec. 8. (a) Upon the adoption of identical ordinances or resolutions, or both, by the participating units under section 6 of this chapter, the designated provider unit must establish a fire protection territory fund from which all expenses of operating and maintaining the fire protection services within the territory, including repairs, fees, salaries, depreciation on all depreciable assets, rents, supplies, contingencies, and all other expenses lawfully incurred within the territory shall be paid. The purposes described in this subsection are the sole purposes of the fund, and money in the fund may not be used for any other expenses. Except as allowed in subsections (d) and (e) and section 8.5 of this chapter, the provider unit is not authorized to transfer money out of the fund at any time.

(b) The fund consists of the following:

(1) All receipts from the tax imposed under this section.

(2) Any money transferred to the fund by the provider unit as authorized under subsection (d).

(3) Any receipts from a false alarm fee or service charge imposed by the participating units under IC 36-8-13-4.

(4) Any money transferred to the fund by a participating unit under section 8.6 of this chapter.

(5) Any receipts from a distribution made under IC 6-3.6-6-8(b), which shall be deposited in the fund.

(c) The provider unit, with the assistance of each of the other participating units, shall annually budget the necessary money to meet the expenses of operation and maintenance of the fire protection services within the territory. The provider unit may maintain a reasonable balance, not to exceed one hundred twenty percent (120%) of the budgeted expenses. Except as provided in IC 6-1.1-18.5-10.5, and subject to section 7(c) of this chapter, after estimating expenses and receipts of money, the provider unit shall establish the tax levy required to fund the estimated budget. Subject to IC 6-1.1-18.5-10.5(c), the amount budgeted under this subsection shall be considered a part of each of the participating unit's budget.

(d) If the amount levied in a particular year is insufficient to cover the costs incurred in providing fire protection services within the territory, the provider unit may transfer from available sources to the fire protection territory fund the money needed to cover those costs. In this case:

(1) the levy in the following year shall be increased by the amount required to be transferred; and

(2) the provider unit is entitled to transfer the amount described in subdivision (1) from the fund as reimbursement to the provider unit.

(e) If the amount levied in a particular year exceeds the amount necessary to cover the costs incurred in providing fire protection services within the territory, the levy in the following year shall be reduced by the amount of surplus money that is not transferred to the equipment replacement fund established under section 8.5 of this chapter. The amount that may be transferred to the equipment replacement fund may not exceed five percent (5%) of the levy for that fund for that year. Each participating unit must agree to the amount to be transferred by adopting an ordinance (if the unit is a county or municipality) or a resolution (if the unit is a township) that specifies an identical amount to be transferred.

(f) The tax under this section is subject to the tax levy limitations imposed under IC 6-1.1-18.5-10.5.

As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.2; P.L.82-2001, SEC.4; P.L.240-2001, SEC.5; P.L.47-2007, SEC.3; P.L.128-2008, SEC.7; P.L.182-2009(ss), SEC.443; P.L.183-2014, SEC.27; P.L.95-2022, SEC.9; P.L.236-2023, SEC.209; P.L.68-2025, SEC.242.
Ind. Code § 36-7-30-7 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-7
Removal from office
Status: in_force

Sec. 7. A member of a military base reuse authority may be summarily removed from office at any time by the government body or officer that appointed the member.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-9-23-20 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-20
Bonds; disposition of proceeds; lien of holders or trustee
Status: in_force

Sec. 20. (a) The first proceeds of any revenue bonds issued under this chapter shall be used to repay all amounts advanced for preliminary expenses under section 13 of this chapter. The remaining proceeds of the bond issue shall be applied to the cost of acquiring, constructing, or improving the sewage works.

(b) After the payments required by subsection (a) have been made, any proceeds of the bond issue that have not been spent shall be deposited in the sinking fund established by section 21 of this chapter.

(c) The holders of the revenue bonds, or the trustees under section 22 of this chapter, have a lien on the bond proceeds until they are applied under this section.

[Pre-Local Government Recodification Citations: 19-2-5-12 part; 19-2-5-14.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-7-30-6 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-6
Meetings; secretary-treasurer; rules; quorum
Status: in_force

Sec. 6. (a) The reuse authority members shall hold a meeting for the purpose of organization not later than thirty (30) days after they are appointed and, after that, each year on the first day in January that is not a Saturday, Sunday, or legal holiday. They shall choose one (1) of their members as president, another as vice president, and another as secretary-treasurer. These officers shall perform the duties usually concerning their offices and shall serve from the date of their election until their successors are elected and qualified.

(b) Except as otherwise provided in this chapter, the secretary-treasurer shall be responsible for the funds and accounts of the reuse authority. The reuse authority may employ personnel for compensation to assist the secretary-treasurer or may designate or appoint a fiscal officer of the unit or of another unit responsible for appointing one (1) or more reuse authority members to perform the duties that are delegated by the reuse authority and accepted by the fiscal officer.

(c) The members of a reuse authority may adopt rules and bylaws the members consider necessary for the proper conduct of proceedings, carrying out of the members' duties, and safeguarding the money and property placed in the members' custody by this chapter. In addition to the annual meeting, the members may by resolution or in accordance with the rules and bylaws prescribe the date and manner of notice of other regular or special meetings.

(d) Three (3) members of the reuse authority constitute a quorum, and the concurrence of three (3) members is necessary to authorize an action.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-9-39.1-8 — Indiana Code / Title 36 / Article 9 / Chapter 39.1 / Section 36-9-39.1-8
Contracts for sewage works
Status: in_force

Sec. 8. (a) A contract for the construction, repair, extension, or improvement of a sewage works is subject to the statutes authorizing municipalities to make and finance public improvements.

(b) Upon awarding a contract for the construction, repair, extension, or improvement of a sewage works under this chapter, a board shall:

(1) carefully compute the entire cost of the construction, repair, extension, or improvement, including payments to the contractor and all incidental costs, expenses, and damages paid and incurred according to law; and

(2) prepare and make out an assessment roll listing the assessments against the properties benefited.

In determining and fixing the amount of assessments, the giving of notice of assessments, the holding of public hearings, and the making of final determinations, subject to the right of appeal from those determinations, the board is governed by the street and sewer improvement statutes.

(c) An assessment under this chapter is a lien against the benefited property from the time of the letting of the contract and shall be collected in the manner provided for collection of Barrett Law assessments.

(d) The board shall fix a period of not more than twenty (20) years within which the assessments shall be paid.

(e) A property owner liable for an assessment may execute a waiver in the manner provided by the street and sewer improvement statutes to pay the assessment in annual installments over a period fixed by the board.

(f) All payments under this chapter are deposited into the fund.

As added by P.L.169-2006, SEC.82.
Ind. Code § 36-2-15-6 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-6
Repealed
Status: repealed

As added by Acts 1981, P.L.64, SEC.4. Amended by P.L.345-1983, SEC.1; P.L.12-1992, SEC.155. Repealed by P.L.84-1995, SEC.6.
Ind. Code § 36-3-5-10 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-10
Suits against principals and sureties on obligations
Status: in_force

Sec. 10. The controller, in the name of the state and on behalf of any fund of the county or consolidated city, may sue principals or sureties on any obligation, whether the obligation is in the name of the state or another person.

As added by P.L.227-2005, SEC.28.
Ind. Code § 36-10-9-8.1 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-8.1
Long range financial plan
Status: in_force

Sec. 8.1. (a) During 2009, the board shall prepare a long range financial plan covering the period beginning with the year 2010 and ending with the year 2041. The long range financial plan must set forth the following:

(1) The schedule for the retirement of all debt that is outstanding as of January 1, 2010.

(2) An estimated operating and capital budget for each calendar year that covers the projected operating expenses, debt obligations, expenditures for capital improvements and land acquisition, and estimated income to pay these items, including the source of each type of income.

(b) Before January 1, 2010, the board shall deliver a copy of the long range financial plan to each member of the city-county legislative body and to the legislative council in an electronic format under IC 5-14-6.

(c) The city-county legislative body shall discuss the long range financial plan in a public hearing.

As added by P.L.182-2009(ss), SEC.456.
Ind. Code § 36-9-36-39 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-39
Appeal of assessment; payment of part ordered to be assessed against unit
Status: in_force

Sec. 39. The following applies to any part of the assessment that the court orders to be assessed against the unit:

(1) The assessment bears interest:

(A) from the date of the final acceptance of the work; and

(B) at a specified rate per year that is not less than the interest rate specified for installments under section 36 of this chapter.

(2) The assessment may be paid by the unit in any manner provided by law for paying other assessments against the unit for similar work.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-2-2-2 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-2
Board of commissioners to be county executive
Status: in_force

Sec. 2. The three (3) member board of commissioners of a county elected under this chapter is the county executive. In the name of "The Board of Commissioners of the County of ________" the executive shall transact the business of the county.

[Pre-Local Government Recodification Citations: 17-1-14-1 part; 17-1-14-5 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7.5-4.5-24 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-24
Development authority; duty to provide information concerning employers and retail merchants in transit development district to department of state revenue
Status: in_force

Sec. 24. (a) If a district is established, the development authority shall provide to the department and to each redevelopment commission with a tax allocation area included within the district the following:

(1) A certified copy of the resolution establishing the district.

(2) Street names and the range of street numbers of each street in the district.

(b) In addition, the development authority or redevelopment commission, in the case of a district located in a cash participant county, shall provide to the department, in an electronic format approved by the department, a complete list of the following:

(1) Employers that pay income or wages to individuals working in the district.

(2) Retail merchants with a responsibility to remit gross retail taxes in the district.

The development authority and redevelopment commission shall update the list before July 1 of each year.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-7-31.6-9 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-9
Development of geographic information system codes; taxpayer reporting
Status: in_force

Sec. 9. (a) When the commission adopts an allocation provision, the commission shall, in cooperation with the department and the Indiana office of technology, develop geographic information system (GIS) codes for the properties in the tax area, in accordance with guidelines issued by the department. The commission shall provide the department with any information necessary for the department to use GIS codes and data to collect covered taxes in the tax area. The commission shall update the information provided to the department and the Indiana office of technology before July 1 of each year.

(b) Taxpayers operating in the tax area shall report monthly, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate the salary, wages, bonuses, and other compensation:

(1) that are:

(A) paid during the taxable year to a professional athlete for professional athletic services;

(B) taxable in Indiana; and

(C) earned in the tax area; or

(2) that are:

(A) paid during a taxable year to a taxpayer other than a professional athlete for professional athletic services; and

(B) earned in the tax area.

(c) A taxpayer operating in the tax area that files a consolidated tax return with the department shall also file monthly an informational return with the department for each business location of the taxpayer within the tax area.

(d) Taxpayers operating in the tax area shall report monthly, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate withholdings required by IC 6-3-4-8.

(e) Taxpayers operating in the tax area shall report monthly, in the manner and in the form prescribed by the department, information that the department determines necessary to calculate state gross retail taxes imposed under IC 6-2.5-2-1.

(f) If taxpayer fails to report the information required by this section or file an informational return required by this section, the department shall use the best information available in calculating the amount of covered taxes attributable to a taxable event in a tax area or covered taxes from income earned in a tax area or by individuals living in the tax area.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-7.6-2-7 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-7
Development board; members
Status: in_force

Sec. 7. (a) A development authority is governed by a development board appointed under this section.

(b) A development board is composed of five (5) members appointed by written agreement of the executives of the members of the development authority.

(c) A member appointed to the development board:

(1) may not be an elected official or an employee of a member county or municipality; and

(2) must have knowledge of and at least five (5) years professional work experience in at least one (1) of the following:

(A) Transportation.

(B) Regional economic development.

(C) Business or finance.

(D) Private, nonprofit sector, or academia.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.14.
Ind. Code § 36-9-1-9 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-9
"Urban mass transportation system"
Status: in_force

Sec. 9. (a) "Urban mass transportation system" means a public transportation system that:

(1) operates buses or other vehicles designed to carry more than six (6) passengers, exclusive of the driver; and

(2) operates over designated and definite routes:

(A) within one (1) municipality and its suburban territory; or

(B) within and between two (2) or more municipalities located not more than ten (10) miles apart, and within their suburban territories.

(b) For purposes of this section, the suburban territory of a municipality consists of the areas within one (1) mile outside its corporate boundaries and one (1) additional mile for each fifty thousand (50,000) population, or major fraction thereof, in the municipality.

[Pre-Local Government Recodification Citation: 19-5-2-3 part.]

As added by Acts 1981, P.L.309, SEC.75.
Ind. Code § 36-8-8-8.3 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-8.3
Purchase of military service credit
Status: in_force

Sec. 8.3. (a) This section applies to a fund member who, after June 30, 2009, completes service for which the 1977 fund gives credit.

(b) A fund member may purchase and claim not more than two (2) years of service credit for the fund member's service on active duty in the armed services if the fund member meets the following conditions:

(1) The fund member has at least one (1) year of credited service in the fund.

(2) The fund member serves on active duty in the armed services of the United States for at least six (6) months.

(3) The fund member receives an honorable discharge from the armed services.

(4) Before the fund member retires, the fund member makes contributions to the fund as follows:

(A) Contributions that are equal to the product of the following:

(i) The salary of a first class patrolman or firefighter at the time the fund member actually makes a contribution for the service credit.

(ii) A rate, determined by the actuary of the 1977 fund, that is based on the age of the fund member at the time the fund member actually makes a contribution for service credit and that is computed to result in a contribution amount that approximates the actuarial present value of the retirement benefit attributable to the service credit purchased.

(iii) The number of years of service credit the fund member intends to purchase.

(B) Contributions for any accrued interest, at a rate determined by the actuary of the 1977 fund, for the period from the fund member's initial membership in the 1977 fund to the date payment is made by the fund member.

(c) A fund member must have at least twenty (20) years of service before a fund member may receive a benefit based on a service credit purchased under this section. A fund member's years of service may not exceed thirty-two (32) years with the inclusion of the service credit purchased under this section.

(d) A fund member may not receive service credit under this section:

(1) for service credit received under IC 36-8-5-7; or

(2) if the military service for which the fund member requests credit also qualifies the fund member for a benefit in a military or another governmental retirement system.

(e) A fund member who:

(1) terminates service before satisfying the eligibility requirements necessary to receive a retirement benefit payment from the 1977 fund; or

(2) receives a retirement benefit for the same service from another retirement system, other than under the federal Social Security Act;

may withdraw the fund member's contributions made under this section plus accumulated interest after submitting to the fund a properly completed application for a refund.

(f) The following apply to the purchase of service credit under this section:

(1) The system board may allow a fund member to make periodic payments of the contributions required for the purchase of the service credit. The system board shall determine the length of the period during which the payments must be made.

(2) The system board may deny an application for the purchase of service credit if the purchase would exceed the limitations under Section 415 of the Internal Revenue Code.

(3) A fund member may not claim the service credit for purposes of determining eligibility or computing benefits unless the fund member has made all payments required for the purchase of the service credit.

(g) To the extent permitted by the Internal Revenue Code and applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a rollover of a distribution from any of the following:

(1) A qualified plan described in Section 401(a) or 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 a political subdivision of a state under Section 457(b) of the Internal Revenue Code.

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

(h) To the extent permitted by the Internal Revenue Code and the applicable regulations, the 1977 fund may accept, on behalf of a fund member who is purchasing service credit under this section, a trustee to trustee transfer from any of the following:

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

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

As added by P.L.19-2009, SEC.1. Amended by P.L.35-2012, SEC.122; P.L.8-2015, SEC.11.
Ind. Code § 36-7-12-7 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-7
Counties; commission members; appointment; terms of office
Status: in_force

Sec. 7. (a) This section applies to counties that establish a department of economic development.

(b) The members of the economic development commission shall be appointed by the county executives. One (1) of the members shall be selected by the county executive, one (1) shall be nominated by the county fiscal body, and one (1) shall be nominated by the fiscal body of the most populous municipality located in the county.

(c) The economic development commissioners shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:

(1) three (3) years, if selected by the county executive;

(2) two (2) years, if nominated by the county fiscal body; and

(3) one (1) year, if nominated by the fiscal body of the most populous municipality.

[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]

As added by Acts 1981, P.L.309, SEC.31.
Ind. Code § 36-7-30-12 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-12
Notice and hearing on adoption of resolution
Status: in_force

Sec. 12. (a) After receipt of all orders and approvals required under section 11 of this chapter, the reuse authority shall publish notice of the adoption and the substance of the resolution in accordance with IC 5-3-1. The notice must name a date when the reuse authority will receive and hear remonstrances and objections from persons interested in or affected by the proceedings concerning the proposed project and will determine the public utility and benefit of the proposed project. 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 reuse authority by the notice given under this section.

(b) At the hearing, which may be adjourned from time to time, the reuse authority 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 reuse authority shall take final action determining the public utility and benefit of the proposed project, and confirming, modifying and confirming, or rescinding the resolution. The final action taken by the reuse authority is final and conclusive, except that an appeal may be taken in the manner prescribed by section 14 of this chapter.

(c) If the reuse authority confirms, or modifies and confirms, the resolution and the resolution includes a provision establishing or amending an allocation provision under section 25 of this chapter, the reuse authority shall file a copy of the resolution with both the auditor of the county in which the proposed project 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 reuse authority takes final action on the resolution.

As added by P.L.26-1995, SEC.14. Amended by P.L.214-2019, SEC.45; P.L.257-2019, SEC.135.
Ind. Code § 36-9-43-2 — Indiana Code / Title 36 / Article 9 / Chapter 43 / Section 36-9-43-2
"Regional development authority"
Status: in_force

Sec. 2. As used in this chapter, "regional development authority" includes both:

(1) the northwest Indiana regional development authority established by IC 36-7.5-2-1; and

(2) a regional development authority established under IC 36-7.6-2-3.

As added by P.L.229-2017, SEC.43.
Ind. Code § 36-7-32-11 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-11
Designation; recertification
Status: in_force

Sec. 11. (a) After receipt of an application under section 10 of this chapter, and subject to subsection (b), the office may designate a certified technology park if the office determines that the application demonstrates a firm commitment from at least one (1) business engaged in a high technology activity creating a significant number of jobs and satisfies one (1) or more of the following additional criteria:

(1) A demonstration of significant support from an institution of higher education, a private research based institute, or a military research and development or testing facility on an active United States government military base or other military installation located within, or in the vicinity of, the proposed certified technology park, as evidenced by the following criteria:

(A) Grants of preferences for access to and commercialization of intellectual property.

(B) Access to laboratory and other facilities owned by or under the control of the postsecondary educational institution or private research based institute.

(C) Donations of services.

(D) Access to telecommunications facilities and other infrastructure.

(E) Financial commitments.

(F) Access to faculty, staff, and students.

(G) Opportunities for adjunct faculty and other types of staff arrangements or affiliations.

(H) Other criteria considered appropriate by the office.

(2) A demonstration of a significant commitment by the postsecondary educational institution, private research based institute, or military research and development or testing facility on an active United States government military base or other military installation to the commercialization of research produced at the certified technology park, as evidenced by the intellectual property and, if applicable, tenure policies that reward faculty and staff for commercialization and collaboration with private businesses.

(3) A demonstration that the proposed certified technology park will be developed to take advantage of the unique characteristics and specialties offered by the public and private resources available in the area in which the proposed certified technology park will be located.

(4) The existence of or proposed development of a business incubator within the proposed certified technology park that exhibits the following types of resources and organization:

(A) Significant financial and other types of support from the public or private resources in the area in which the proposed certified technology park will be located.

(B) A business plan exhibiting the economic utilization and availability of resources and a likelihood of successful development of technologies and research into viable business enterprises.

(C) A commitment to the employment of a qualified full-time manager to supervise the development and operation of the business incubator.

(5) The existence of a business plan for the proposed certified technology park that identifies its objectives in a clearly focused and measurable fashion and that addresses the following matters:

(A) A commitment to new business formation.

(B) The clustering of businesses, technology, and research.

(C) The opportunity for and costs of development of properties under common ownership or control.

(D) The availability of and method proposed for development of infrastructure and other improvements, including telecommunications technology, necessary for the development of the proposed certified technology park.

(E) Assumptions of costs and revenues related to the development of the proposed certified technology park.

(6) A demonstrable and satisfactory assurance that the proposed certified technology park can be developed to principally contain property that is primarily used for, or will be primarily used for, a high technology activity or a business incubator.

(b) The office may not approve an application that would result in a substantial reduction or cessation of operations in another location in Indiana in order to relocate them within the certified technology park. The office may designate not more than two (2) new certified technology parks during any state fiscal year. The designation of a new certified technology park is subject to review and approval under section 11.5 of this chapter.

(c) A certified technology park designated under this section is subject to the review of the office and must be recertified:

(1) every four (4) years, for a recertification occurring before January 1, 2018, or after December 31, 2019; and

(2) every three (3) years, for a recertification occurring after December 31, 2017, and before January 1, 2020.

(d) The office shall develop procedures and the criteria to be used in the review required under subsection (c). The procedures and criteria must include the metrics developed under subsection (h) for measuring the performance of a certified technology park.

(e) A certified technology park shall furnish to the office the following information to be used in the course of the review:

(1) Total employment and payroll levels for all businesses operating within the certified technology park.

(2) The nature and extent of any technology transfer activity occurring within the certified technology park.

(3) The nature and extent of any nontechnology businesses operating within the certified technology park.

(4) The use and outcomes of any state money made available to the certified technology park.

(5) An analysis of the certified technology park's overall contribution to the technology based economy in Indiana.

(6) The nature and extent of financial support secured by the certified technology park from outside sources such as philanthropy, federal government, local government, and other private or nonprofit sources, and including the nature, type, and structure of the funding mechanisms to support the development and growth of the certified technology park.

(7) The nature and extent of incubation services provided to businesses consistent with incubation industry best practices, and growth or relocations of those businesses outside the certified technology park.

(8) The nature and extent of partnerships undertaken between the certified technology park and local and regional organizations in pursuit of shared objectives.

(f) A certified technology park must meet or exceed the minimum threshold requirements developed under subsection (h)(2) before the certified technology park may be recertified under this section. If a certified technology park is not recertified, the office shall send a certified copy of a notice of the determination to the county auditor, the department of local government finance, and the department of state revenue.

(g) To the extent allowed under IC 5-14-3, the office shall maintain the confidentiality of any information that is:

(1) submitted as part of the review process under subsection (c); and

(2) marked as confidential;

by the certified technology park.

(h) The office, in conjunction with the office of management and budget, shall develop metrics for measuring the performance of a certified technology park during the review period for recertification under subsection (c). The office shall consult with local units of government in developing the metrics under this subsection. The metrics shall include at least the following elements:

(1) Specific criteria to be used to analyze and evaluate each category of information furnished to the office under subsection (e)(1) through (e)(8).

(2) Minimum threshold requirements for the performance of a certified technology park regarding each category of information furnished to the office under subsection (e)(1) through (e)(8) based on the criteria for the analysis and evaluation of the information under subdivision (1).

(i) The office shall adopt the metrics developed under subsection (h) as part of the criteria to be used in the office's review under subsection (c).

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.81-2004, SEC.23; P.L.4-2005, SEC.144; P.L.2-2007, SEC.388; P.L.154-2007, SEC.1; P.L.3-2008, SEC.263; P.L.113-2010, SEC.138; P.L.293-2013(ts), SEC.44; P.L.259-2017, SEC.2; P.L.158-2019, SEC.32; P.L.105-2023, SEC.1; P.L.145-2025, SEC.10.
Ind. Code § 36-8-7-2 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-2
"Fire company" defined
Status: in_force

Sec. 2. As used in this chapter, "fire company" means each organization or group doing duty as part of the fire department, including engine companies, hose companies, those in the telephone or telegraph service, inspectors, mechanics, watchmen, and others in charge of apparatus for extinguishing fires.

[Pre-Local Government Recodification Citation: 19-1-37-3.]

As added by Acts 1981, P.L.309, SEC.57.
Ind. Code § 36-10-9-7 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-7
Procurement of materials and work; emergency procedure; title to or interest in property
Status: in_force

Sec. 7. (a) The purchase or lease of material and work on a capital improvement shall be done by the board under statutes governing these activities by counties. However, if the total cost of construction or equipping of a capital improvement or of the alteration, maintenance, or repair of any building is estimated to be fifty thousand dollars ($50,000) or less, the board may procure materials and perform the work by its own employees and with owned or leased equipment without awarding a contract. In addition, in an emergency determined and declared by the board and entered in its records, the board may make emergency alterations, repairs, or replacements and contract for them without advertising for bids.

(b) Title to or interest in any property acquired shall be held in the name of the county, and the board has complete and exclusive authority to sell, lease, or dispose of it and to execute all conveyances, leases, contracts, and other instruments in connection with it. However, real property may not be sold without the approval of the executive of the consolidated city.

As added by Acts 1982, P.L.77, SEC.28.
Ind. Code § 36-4-5-8 — Indiana Code / Title 36 / Article 4 / Chapter 5 / Section 36-4-5-8
Absence or inability of executive; designation and service of acting executive
Status: in_force

Sec. 8. (a) Whenever the executive is absent or going to be absent from the city, ill, or injured, the executive may designate:

(1) the deputy mayor, if that position has been established under IC 36-4-9-7; or

(2) a member of the city legislative body;

as acting executive, with all the powers of the office. The executive may exercise this power for a maximum of fifteen (15) days in any sixty (60) day period.

(b) A designation under subsection (a) shall be certified to the president or president pro tempore and clerk of the city legislative body. In addition, when the executive resumes the executive's duties, the executive shall certify to those officers the expiration of the designation.

(c) Whenever the president or president pro tempore of the city legislative body files with the circuit court, superior court, or probate court of the county in which the city is located a written statement suggesting that the executive is unable to discharge the powers and duties of the executive's office, the circuit court, superior court, or probate court shall convene within forty-eight (48) hours to decide that question. After that, when the executive files with the circuit court, superior court, or probate court the executive's written declaration that no inability exists, the circuit court, superior court, or probate court shall convene within forty-eight (48) hours to decide whether that is the case. Upon a decision that no inability exists, the executive shall resume the powers and duties of the executive's office.

(d) If the circuit court, superior court, or probate court decides under subsection (c) that the executive is unable to discharge the powers and duties of the executive's office, then:

(1) the deputy mayor, if that position has been established under IC 36-4-9-7; or

(2) the president of the legislative body in a second class city, or the president pro tempore of the legislative body in a third class city, if there is no deputy mayor;

shall serve as acting executive, with all the powers of the office. A person may serve as acting executive for a maximum of six (6) months under this subsection. The city legislative body may appropriate funds to compensate a person acting as executive under subsection (d).

As added by P.L.349-1983, SEC.1. Amended by P.L.84-2016, SEC.173.
Ind. Code § 36-2-5-10 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-10
Preparation of ordinances fixing rate of taxation and making appropriations by items
Status: in_force

Sec. 10. Before the county fiscal body's annual meeting under IC 36-2-3-7(b)(2), the county auditor shall prepare:

(1) an ordinance fixing the rate of taxation for taxes to be collected in the next calendar year; and

(2) an ordinance making appropriations by items for the next calendar year for the various purposes for which budget estimates are required.

[Pre-Local Government Recodification Citation: 17-1-24-19 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-8-10.6-6 — Indiana Code / Title 36 / Article 8 / Chapter 10.6 / Section 36-8-10.6-6
Available space in executive training program course
Status: in_force

Sec. 6. (a) If there is any available space in an executive training program course that has not been filled by fire chiefs who are required to attend the executive training program as provided in this chapter, the department may allow any of the following individuals to enroll in the executive training program until the course is full:

(1) A chief officer.

(2) Management level personnel.

(3) A volunteer fire chief.

(4) A volunteer chief officer.

(5) Volunteer management level personnel.

(b) A person who successfully completes the executive training program while serving in a capacity other than fire chief is deemed to have complied with the training requirements under this chapter if the person is subsequently appointed as fire chief.

As added by P.L.187-2021, SEC.144.
Ind. Code § 36-9-15.5-1 — Indiana Code / Title 36 / Article 9 / Chapter 15.5 / Section 36-9-15.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

As added by P.L.44-1984, SEC.17.
Ind. Code § 36-7-15.1-53 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-53
Resolution or amendment establishing allocation provisions; assessed value of taxable property; funds; allocation of excess assessed value
Status: in_force

Sec. 53. (a) As used in this section:

"Allocation area" means that part of a redevelopment project area to which an allocation provision of a resolution adopted under section 40 of this chapter refers for purposes of distribution and allocation of property taxes.

"Base assessed value" means, subject to subsection (j):

(1) the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the declaratory resolution, as adjusted under subsection (h); plus

(2) to the extent that 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 the current assessment date.

Except as provided in section 55 of this chapter, "property taxes" means taxes imposed under IC 6-1.1 on real property.

(b) A resolution adopted under section 40 of this chapter on or before the allocation deadline determined under subsection (i) may include a provision with respect to the allocation and distribution of property taxes for the purposes and in the manner provided in this section. A resolution previously adopted may include an allocation provision by the amendment of that resolution on or before the allocation deadline determined under subsection (i) in accordance with the procedures required for its original adoption. A declaratory resolution or an amendment that establishes an allocation provision must be approved by resolution of the legislative body of the excluded city and must specify an expiration date for the allocation provision. For an allocation area established before July 1, 2008, the expiration date may not be more than thirty (30) years after the date on which the allocation provision is established. For an allocation area established after June 30, 2008, the expiration date may not be more than twenty-five (25) years after the date on which the first obligation was incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues. However, with respect to bonds or other obligations that were issued before July 1, 2008, if any of the bonds or other obligations that were scheduled when issued to mature before the specified expiration date and that are payable only from allocated tax proceeds with respect to the allocation area remain outstanding as of the expiration date, the allocation provision does not expire until all of the bonds or other obligations are no longer outstanding. The allocation provision may apply to all or part of the redevelopment project area. The allocation provision must require that any property taxes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the allocation area be allocated and distributed as follows:

(1) Except as otherwise provided in this section, the proceeds of the taxes attributable to the lesser of:

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

(B) the base assessed value;

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

(2) The excess of the proceeds of the property taxes imposed for the assessment date with respect to which the allocation and distribution is made that are attributable to taxes imposed after being approved by the voters in a referendum or local public question conducted after April 30, 2010, not otherwise included in subdivision (1) shall be allocated to and, when collected, paid into the funds of the taxing unit for which the referendum or local public question was conducted.

(3) Except as otherwise provided in this section, property tax proceeds in excess of those described in subdivisions (1) and (2) shall be allocated to the redevelopment district and, when collected, paid into a special fund for that allocation area that may be used by the redevelopment district only to do one (1) or more of the following:

(A) Pay the principal of and interest on any obligations payable solely from allocated tax proceeds that are incurred by the redevelopment district for the purpose of financing or refinancing the redevelopment of that allocation area.

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

(C) Pay the principal of and interest on bonds payable from allocated tax proceeds in that allocation area and from the special tax levied under section 50 of this chapter.

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

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

(F) Make payments on leases payable from allocated tax proceeds in that allocation area under section 46 of this chapter.

(G) Reimburse the excluded city for expenditures for local public improvements (which include buildings, park facilities, and other items set forth in section 45 of this chapter) that are physically located in or physically connected to that allocation area.

(H) Reimburse the unit for rentals paid by it for a building or parking facility that is physically located in or physically connected to that allocation area under any lease entered into under IC 36-1-10.

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

(i) in the allocation area; and

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

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

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

(4) Before June 15 of each year, the commission shall do the following:

(A) 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 provide the property taxes necessary to make, when due, principal and interest payments on bonds described in subdivision (3) plus the amount necessary for other purposes described in subdivision (3) and subsection (g).

(B) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the department of redevelopment, 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, and (in an electronic format) the department of local government finance. The notice must:

(i) state the amount, if any, of excess assessed value that the commission has determined may be allocated to the respective taxing units in the manner prescribed in subdivision (1); or

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

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. The commission may not authorize an allocation to the respective taxing units under this subdivision if to do so would endanger the interests of the holders of bonds described in subdivision (3). If a commission fails to provide the notice under this clause, 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.

(c) For the purpose of allocating taxes levied by or for any taxing unit or units, the assessed value of taxable property in a territory in the allocation area that is annexed by any taxing unit after the effective date of the allocation provision of the resolution is the lesser of:

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

(2) the base assessed value.

(d) Property tax proceeds allocable to the redevelopment district under subsection (b)(3) may, subject to subsection (b)(4), be irrevocably pledged by the redevelopment district for payment as set forth in subsection (b)(3).

(e) Notwithstanding any other law, each assessor shall, upon petition of the commission, reassess the taxable property situated upon or in, or added to, the allocation area, effective on the next assessment date after the petition.

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

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

(2) the base assessed value.

(g) If any part of the allocation area is located in an enterprise zone created under IC 5-28-15, the unit that designated the allocation area shall create funds as specified in this subsection. A unit that has obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(3) shall establish an allocation fund for the purposes specified in subsection (b)(3) and a special zone fund. Such a unit shall, until the end of the enterprise zone phase out period, deposit each year in the special zone fund the amount in the allocation fund derived from property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) from property located in the enterprise zone that exceeds the amount sufficient for the purposes specified in subsection (b)(3) for the year. A unit that has no obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(3) shall establish a special zone fund and deposit all the property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) in the fund derived from property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) from property located in the enterprise zone. The unit that creates the special zone fund shall use the fund, based on the recommendations of the urban enterprise association, for one (1) or more of the following purposes:

(1) To pay for programs in job training, job enrichment, and basic skill development designed to benefit residents and employers in the enterprise zone. The programs must reserve at least one-half (1/2) of the enrollment in any session for residents of the enterprise zone.

(2) To make loans and grants for the purpose of stimulating business activity in the enterprise zone or providing employment for enterprise zone residents in an enterprise zone. These loans and grants may be made to the following:

(A) Businesses operating in the enterprise zone.

(B) Businesses that will move their operations to the enterprise zone if such a loan or grant is made.

(3) To provide funds to carry out other purposes specified in subsection (b)(3). However, where reference is made in subsection (b)(3) to the allocation area, the reference refers, for purposes of payments from the special zone fund, only to that part of the allocation area that is also located in the enterprise zone.

(h) The state board of accounts and department of local government finance shall make the rules and prescribe the forms and procedures that they consider expedient for the implementation of this chapter. After each reassessment of real property in an area under a county's reassessment plan prepared under IC 6-1.1-4-4.2, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value one (1) time to neutralize any effect of the reassessment of the real property in the area on the property tax proceeds allocated to the redevelopment district under this section. After each annual adjustment under IC 6-1.1-4-4.5, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the redevelopment district under this section. However, the adjustments under this subsection may not include the effect of property tax abatements under IC 6-1.1-12.1, and these adjustments may not produce less property tax proceeds allocable to the redevelopment district under subsection (b)(3) than would otherwise have been received if the reassessment under the county's reassessment plan or annual adjustment had not occurred. The county auditor shall, in the manner prescribed by the department of local government finance, submit the forms required by this subsection to the department of local government finance no later than July 15 of each year.

(i) The allocation deadline referred to in subsection (b) is determined in the following manner:

(1) The initial allocation deadline is December 31, 2011.

(2) Subject to subdivision (3), the initial allocation deadline and subsequent allocation deadlines are automatically extended in increments of five (5) years, so that allocation deadlines subsequent to the initial allocation deadline fall on December 31, 2016, and December 31 of each fifth year thereafter.

(3) At least one (1) year before the date of an allocation deadline determined under subdivision (2), the general assembly may enact a law that:

(A) terminates the automatic extension of allocation deadlines under subdivision (2); and

(B) specifically designates a particular date as the final allocation deadline.

(j) If the commission adopts a declaratory resolution or an amendment to a declaratory resolution that contains an allocation provision and the commission makes either of the filings required under section 10(e) of this chapter after the first anniversary of the effective date of the allocation provision, the auditor of the county in which the unit is located shall compute the base assessed value for the allocation area using the assessment date immediately preceding the later of:

(1) the date on which the documents are filed with the county auditor; or

(2) the date on which the documents are filed with the department of local government finance.

(k) For an allocation area established after June 30, 2024, "residential property" refers to the assessed value of property that is allocated to the one percent (1%) homestead land and improvement categories in the county tax and billing software system.

As added by P.L.102-1999, SEC.20. Amended by P.L.90-2002, SEC.484; P.L.4-2005, SEC.140; P.L.185-2005, SEC.46; P.L.216-2005, SEC.8; P.L.154-2006, SEC.78; P.L.146-2008, SEC.765; P.L.182-2009(ss), SEC.407; P.L.203-2011, SEC.18; P.L.112-2012, SEC.58; P.L.87-2015, SEC.11; P.L.184-2016, SEC.34; P.L.86-2018, SEC.346; P.L.214-2019, SEC.42; P.L.257-2019, SEC.129; P.L.156-2020, SEC.141; P.L.174-2022, SEC.73; P.L.68-2025, SEC.236; P.L.157-2026, SEC.250; P.L.157-2026, SEC.251.
Ind. Code § 36-9-13-14 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-14
Directors; meetings to elect officers
Status: in_force

Sec. 14. (a) The first directors of a building authority shall, within thirty (30) days after their appointment, meet for the purpose of electing officers. They shall elect from among themselves a president, a vice president, a secretary, and a treasurer. Each of these officers shall perform the duties usually pertaining to the officer's office, and shall serve from the date of the officer's election until the officer's successor is elected and qualified.

(b) After the meeting under subsection (a), the directors shall meet on the first Monday in February of each year for the purpose of electing officers.

[Pre-Local Government Recodification Citation: 19-8-4-5 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.127-2017, SEC.307.
Ind. Code § 36-5-6-7 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-7
Clerk-treasurer unable to perform fiscal responsibilities
Status: in_force

Sec. 7. (a) The clerk-treasurer shall appoint the number of deputies and employees needed for the effective operation of the office, with the approval of the town legislative body. The clerk-treasurer's deputies and employees serve at the clerk-treasurer's pleasure.

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

(c) If the clerk-treasurer is unable to perform the fiscal requirements of the clerk-treasurer's position, the town shall hire or contract with a qualified certified public accountant to:

(1) provide guidance to the clerk-treasurer regarding the performance of the clerk-treasurer's responsibilities; or

(2) perform the clerk-treasurer's fiscal responsibilities.

The clerk-treasurer is considered to be unable to perform the fiscal requirements of the clerk-treasurer's position if the town is declared unauditable under IC 5-11-1-9(b).

[Pre-Local Government Recodification Citation: 18-2-5-1 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.189-1988, SEC.6; P.L.58-2023, SEC.29.
Ind. Code § 36-8-15-10 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-10
Resolution stating necessity and purpose; plans and specifications; estimated cost
Status: in_force

Sec. 10. Whenever the board determines that:

(1) it is necessary for the general welfare of the persons residing within the district; and

(2) it will be of public utility and benefit to the property in the district to undertake and carry out any project of purchasing, acquiring, erecting, installing, constructing, equipping, or upgrading of facilities within the district;

the board shall adopt a resolution stating the necessity of the project and the board's purpose in proceeding with the project. The board, as a part of the resolution, shall adopt the plans and specifications proposed for the entire project and shall determine the estimated cost of all work and all acquisitions necessary to carry out the project.

As added by P.L.82-1985, SEC.3.
Ind. Code § 36-9-25-16 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-16
Tax levies; liability of disannexed and newly added territory
Status: in_force

Sec. 16. (a) If any bonds of the district are outstanding, and until they are fully paid, all property included within the district at the time the bonds were issued and sold remains subject to taxes levied and for its proportion of the indebtedness, notwithstanding that the property and territory may have been disannexed from the district.

(b) Any property in territory added to the district, as a condition of the special benefits it receives, becomes liable for its proportion of all taxes levied to pay all bonds of the special taxing district that are either outstanding or are later issued and sold. The proportion of taxation shall be determined in the same manner as when territory is annexed to a municipality under IC 36-4-3.

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

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-4-3-4.5 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-4.5
Applicability of IC 36-4-3-4(g)
Status: in_force

Sec. 4.5. Section 4(g) of this chapter does not apply to a town that has abolished town legislative body districts under IC 36-5-2-4.1.

As added by P.L.3-1993, SEC.263. Amended by P.L.255-1997(ss), SEC.10.
Ind. Code § 36-1-11-5.7 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-5.7
Sale or transfer of real property or tangible or intangible personal property or licenses to volunteer fire department, fire protection district, or fire protection territory
Status: in_force

Sec. 5.7. (a) As used in this section, "fire department" refers to any of the following:

(1) A volunteer fire department (as defined in IC 36-8-12-2).

(2) The board of fire trustees of a fire protection district established under IC 36-8-11.

(3) The provider unit of a fire protection territory established under IC 36-8-19.

(b) Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a political subdivision may sell or transfer:

(1) real property; or

(2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible personal property or licenses;

without consideration or for a nominal consideration to a fire department for construction of a fire station or other purposes related to firefighting.

As added by P.L.188-2007, SEC.3. Amended by P.L.128-2008, SEC.6.
Ind. Code § 36-7-32.5-11.5 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-11.5
Limitation on renewal or extension of existing allocation area; required conditions
Status: in_force

Sec. 11.5. Notwithstanding any other law, if the corporation designates territory that is located in an existing allocation area described in section 10(b) of this chapter as an innovation development district, the city, county, town, or other entity that established the applicable existing allocation area may not renew or extend the allocation area until the term of the innovation development district expires.

As added by P.L.123-2024, SEC.19.
Ind. Code § 36-9-29-34 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-34
Warrants drawn for items approved by board; payments on bonds and interest coupons
Status: in_force

Sec. 34. (a) Except as provided in subsection (b), revenues raised under this chapter may be expended only upon a warrant drawn by the executive secretary of the flood control board for items approved by the board, with the date of approval indicated on the warrant over the signature of the president or vice president of the board.

(b) The county treasurer may pay bonds and interest coupons:

(1) issued by the flood control board; and

(2) presented at or after their maturity;

out of the bond fund established under section 30 of this chapter, without the issuance of warrants or other orders of the board.

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

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-1.5-4-31 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-31
Recording of certification from circuit court clerk
Status: in_force

Sec. 31. Each county recorder receiving a certification from a circuit court clerk under section 30 of this chapter shall file the certification without charge with the plan of reorganization recorded under section 25 of this chapter.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-9-43-9 — Indiana Code / Title 36 / Article 9 / Chapter 43 / Section 36-9-43-9
Regional development authority infrastructure fund; establishment; administration; uses; supplemental funding for regional transportation infrastructure projects
Status: in_force

Sec. 9. (a) This section applies only to a regional development authority created or established after June 30, 2017.

(b) The Indiana finance authority shall create the regional development authority infrastructure fund for the purpose of allowing a regional development authority to finance or contribute to the financing of regional transportation infrastructure projects.

(c) The fund is administered by the Indiana finance authority. The Indiana finance authority shall create an account within the fund for each regional development authority established under IC 36-7.5 or IC 36-7.6.

(d) A person, including a political subdivision, may make a contribution or gift to the fund. Any expenditure from the account must be approved by the regional development authority that holds the account within the fund and must be expended for regional transportation infrastructure projects in cooperation with the Indiana department of transportation.

(e) An expenditure from the fund may be used to supplement financing from the Indiana department of transportation for regional transportation infrastructure projects.

(f) The Indiana finance authority shall invest money from the fund in one (1) or more fiduciary accounts with a trustee that is a financial institution. A trustee may make an investment under this subsection in accordance with a trust agreement or indenture and may permit disbursements by the trustee to:

(1) the Indiana finance authority;

(2) the Indiana department of transportation;

(3) the state budget agency; or

(4) any other person provided for in the trust agreement or indenture.

(g) Interest or other income earned on money in the fund becomes part of the fund.

(h) Expenses incurred in the administration of the fund are to be paid from the fund.

(i) A person who makes a contribution or gift to the fund is entitled to a deduction from the taxpayer's adjusted gross income for the taxable year under IC 6-3-2-26.

As added by P.L.229-2017, SEC.43.
Ind. Code § 36-8-16.7-44 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-44
Permissible uses of 911 service
Status: in_force

Sec. 44. A person may not use 911 service except to make emergency calls that may result in the dispatch of the appropriate response for fire suppression and rescue, emergency medical or ambulance services, hazardous material, disaster or major emergency occurrences, and law enforcement activities.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-8-8-13.1 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-13.1
Submission of determination of local board and safety board to system director; medical examinations; initial determination; objections; hearing; final order; appeals
Status: in_force

Sec. 13.1. (a) If:

(1) the local board has determined under this chapter that a covered impairment exists and the safety board has determined that there is no suitable and available work within the department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act; or

(2) the fund member has filed an appeal under section 12.7(o) of this chapter;

the local board shall submit the local board's determinations and the safety board's determinations to the system board's director.

(b) Whenever a fund member is determined to have an impairment under section 12.7(i) of this chapter, the system board's director shall initiate a review of the default award not later than sixty (60) days after the director learns of the default award.

(c) After the system board's director receives the determinations under subsection (a) or initiates a review under subsection (b), the fund member must submit to an examination by a medical authority selected by the system board. The authority shall determine if there is a covered impairment. With respect to a fund member who is covered by sections 12.5 and 13.5 of this chapter, the authority shall determine the degree of impairment. The system board shall adopt rules to establish impairment standards, such as the impairment standards contained in the United States Department of Veterans Affairs Schedule for Rating Disabilities. The report of the examination shall be submitted to the system board's director. If a fund member refuses to submit to an examination, the authority may find that no impairment exists.

(d) The system board's director shall review the medical authority's report and the local board's determinations and issue an initial determination within sixty (60) days after receipt of the local board's determinations. The system board's director shall notify the local board, the safety board, and the fund member of the initial determination. The following provisions apply if the system board's director does not issue an initial determination within sixty (60) days and if the delay is not attributable to the fund member or the safety board:

(1) In the case of a review initiated under subsection (a)(1):

(A) the determinations of the local board and the chief of the police or fire department are considered to be the initial determination; and

(B) for purposes of section 13.5(d) of this chapter, the fund member is considered to be totally impaired.

(2) In the case of an appeal submitted under subsection (a)(2), the statements made by the fund member under section 12.7(o) of this chapter are considered to be the initial determination.

(3) In the case of a review initiated under subsection (b), the initial determination is the impairment determined under section 12.7(i) of this chapter.

(e) The fund member, the safety board, or the local board may object in writing to the director's initial determination within fifteen (15) days after the determination is issued. If no written objection is filed, the initial determination becomes the final order of the system board. If a timely written objection is filed, the system board shall issue the final order after a hearing. Unless an administrative law judge orders a waiver or an extension of the period for cause shown, the final order shall be issued not later than one hundred eighty (180) days after the date of receipt of the local board's determination or the date the system board's director initiates a review under subsection (b). The following provisions apply if a final order is not issued within the time limit described in this subsection and if the delay is not attributable to the fund member or the chief of the police or fire department:

(1) In the case of a review initiated under subsection (a)(1):

(A) the determinations of the local board and the chief of the police or fire department are considered to be the final order; and

(B) for purposes of section 13.5(f) of this chapter, the fund member is considered to be totally impaired.

(2) In the case of an appeal submitted under subsection (a)(2), the statements made by the fund member under section 12.7(o) of this chapter are considered to be the final order.

(3) In the case of a review initiated under subsection (b), the impairment determined under section 12.7(i) of this chapter is considered to be the final order.

(f) If the system board approves the director's initial determination, then the system board shall issue a final order adopting the initial determination. The local board and the chief of the police or fire department shall comply with the initial determination. If the system board does not approve the initial determination, the system board may receive additional evidence on the matter before issuing a final order.

(g) Appeals of the system board's final order may be made under IC 4-21.5.

(h) The transcripts, records, reports, and other materials compiled under this section must be retained in accordance with the procedures specified in section 12.7(p) of this chapter.

(i) The system board may seek the assistance of the mental health disability review panel established under IC 36-8-8.3-4 in issuing an initial determination or a final order.

As added by P.L.1-1991, SEC.213. Amended by P.L.4-1992, SEC.48; P.L.195-1999, SEC.34; P.L.29-2006, SEC.3; P.L.13-2011, SEC.19; P.L.23-2011, SEC.28; P.L.6-2012, SEC.252; P.L.35-2012, SEC.130; P.L.179-2018, SEC.12; P.L.54-2020, SEC.2.
Ind. Code § 36-8-4-8 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-8
Police officers; maximum work week; compensation for additional time
Status: in_force

Sec. 8. (a) A member of the police department may not be required, except in case of a public emergency as determined by the city executive, to work more than six (6) days of eight (8) hours each in one (1) week, or more than an average of forty-eight (48) hours per week in one (1) year.

(b) If a member of the police department is requested or required to appear in court or to perform another service, and the time served does not fall within the limits of the member's normal eight (8) hour shift, then the member may be compensated for the additional time at a rate to be fixed by ordinance.

(c) This section does not apply to the police chief, chief of detectives, superintendent of the department, or matron of the department.

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

As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.127-2017, SEC.238.
Ind. Code § 36-7-4-612 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-612
Zoning ordinance; effect of prior ordinances
Status: repealed

Sec. 612. (a) ADVISORY. Each zoning ordinance and each amendment to it adopted under any prior statute are validated and continued in effect until amended or repealed by action of the legislative body taken under authority of the advisory planning law. Each zoning ordinance has the same effect even though previously adopted as a comprehensive plan of land use or as a part of such a comprehensive plan.

(b) AREA. Each zoning ordinance that:

(1) was adopted by a county or a participating municipality; and

(2) is in effect at the time of the establishment of a planning department under section 202 of this chapter;

remains in full force and shall be enforced by the planning department under the area planning law until superseded by the zoning ordinance adopted for the jurisdiction under section 606 of the area planning law.

[Pre-Local Government Recodification Citations: 18-7-4-612; 18-7-4-55 part; 18-7-5-68.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.26; P.L.220-1986, SEC.22.
Ind. Code § 36-1-2-10 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-10
"Municipal corporation"
Status: in_force

Sec. 10. "Municipal corporation" means unit, school corporation, library district, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, or other separate local governmental entity that may sue and be sued. The term does not include special taxing district.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-8-4-4 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-4
Provision of uniforms and equipment; cash allowance
Status: in_force

Sec. 4. (a) A city shall provide the active members of the police and fire departments with all uniforms, clothing, arms, and equipment necessary to perform their duties. Except as provided in section 4.5 of this chapter, after one (1) year of regular service in either department, a member may be required by the city to furnish and maintain all of the active member's uniforms, clothing, arms, and equipment upon payment to the member by the city of an annual cash allowance of at least two hundred dollars ($200). The city may credit the uniform allowance to each member against the active member's purchases during the calendar year and provide for the payment of any cash balance remaining at the end of the calendar year.

(b) All uniforms, clothing, arms, and equipment provided by the city under this section remain the property of the city. The city may sell the property when it becomes unfit for use, and all money received shall be paid into the general fund of the city. Any property lost or destroyed through the carelessness or neglect of an active member shall be charged against the active member and the value deducted from the active member's pay.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-10-1; subsection (b) formerly 19-1-10-2.]

As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.8-2009, SEC.1.
Ind. Code § 36-10-9.2-1 — Indiana Code / Title 36 / Article 10 / Chapter 9.2 / Section 36-10-9.2-1
Applicability of chapter
Status: in_force

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

As added by P.L.37-1988, SEC.42.