Title 36, LOCAL GOVERNMENT

Sec. 22. (a) Any area that is part of a fire protection district and is annexed by a municipality that is not a part of the district ceases to be a part of the fire protection district when the municipality begins to provide fire protection services to the area. (b) Notwithstandi…

Sec. 22.1. (a) This section applies to a district that consists of a municipality that is located in two (2) counties. (b) This section does not apply to a merged district under section 23 of this chapter. (c) Sections 6 and 7 of this chapter apply to the petition. (d) The board …

Sec. 23. (a) Any fire protection district may merge with one (1) or more protection districts to form a single district if at least one-eighth (1/8) of the aggregate external boundaries of the districts coincide. (b) The legislative body of the county where at least two (2) distr…

Sec. 24. (a) Proceedings to dissolve a fire protection district may be instituted by the filing of a petition with the county legislative body that formed the district. If the proceedings are for dissolution of a district to which section 5.1 of this chapter applies, the proceedi…

Sec. 26. After a sufficient appropriation for the purchase of firefighting apparatus and equipment, including housing, is made and is available, the district's fiscal officer, with the approval of the board and the county fiscal body, may purchase the firefighting apparatus and e…

Sec. 27. (a) As used in this section, "firefighter" means a current or former full-time, paid firefighter. (b) A fire protection district shall pay for the care of a firefighter who: (1) suffers an injury; or (2) contracts an illness; during the performance of the firefighter's d…

Sec. 28. A firefighter who is a member of the fire department of a fire protection district is not subject to residency requirements but must: (1) have adequate means of transportation into the jurisdiction served by the member's fire department; and (2) maintain telephone servic…

Sec. 4. (a) A county legislative body may establish fire protection districts for any of the following purposes: (1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, an…

Sec. 5. (a) Freeholders who desire the establishment of a fire protection district must initiate proceedings by filing a petition in the office of the county auditor of the county where the freeholder's land is located. The petition may also be filed by a municipality under an or…

Sec. 5.1. (a) This section applies to a district that consists of a municipality located in two (2) counties. (b) This section does not apply to a merged district under section 23 of this chapter. (c) Freeholders within the proposed district who desire the establishment of a fire…

Sec. 6. (a) This section applies to petitions filed under either section 5 or 9 of this chapter. (b) If two (2) or more freeholders own the same land in joint title, they may be counted as only one (1) freeholder for the purpose of determining what constitutes twenty percent (20%…

Sec. 7. A petition filed under section 5 of this chapter must state the following: (1) A name for the proposed district that distinguishes the district from all other political subdivisions within or contiguous to the area included within the district. (2) A description of the te…

Sec. 8. (a) After a petition is filed under section 5 of this chapter, the county auditor shall present it to the county legislative body at its next regularly scheduled meeting or at a special meeting called for that purpose. Before or at the meeting, the legislative body shall …

Sec. 9. (a) A petition against the establishment of the fire protection district may be presented to the county legislative body at or after a hearing on the petition to establish a district and before the adoption of an ordinance or resolution establishing the district. (b) If t…

Sec. 9.5. (a) This section applies to a district that contains a municipality located in two (2) counties. (b) This section does not apply to a merged district under section 23 of this chapter. (c) The freeholders owning land within the proposed district may file a petition oppos…

Sec. 1. This chapter applies to all municipalities except consolidated cities. [Pre-Local Government Recodification Citations: 19-5-8-1 part; 19-5-11-2 part; 19-5-12-1; 19-5-13-2.] As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.317, SEC.10.

Sec. 10. (a) The property acquired by a municipality under this chapter, and the revenues derived from that property, are exempt from taxation for all purposes. (b) A leasehold improvement made by a lessee under this chapter for private or commercial purposes, or both, is subject…

Sec. 11. (a) As long as any of the revenue bonds issued under section 16 of this chapter are outstanding, the municipality may not mortgage, pledge, otherwise encumber, sell, or dispose of any part of the property of a parking facility, except that it may sell or dispose of: (1) …

Sec. 12. A municipality may lease all or part of the property of a parking facility to others on any terms and conditions that do not adversely affect the rights of bondholders. However, a lease of real property under this section must be made in the manner prescribed by section …

Sec. 13. (a) A rental or lease contract under this section is effective only if it is approved by ordinance or resolution of the municipal legislative body. (b) The municipal works board may lease or rent to others for operation any parking facility or property acquired for parki…

Sec. 14. (a) Space and air rights over a parking facility may be leased to others for a period not to exceed ninety-nine (99) years, subject to the following conditions: (1) The lease must be authorized by an ordinance of the municipal legislative body, but the municipal works bo…

Sec. 15. Money to pay the cost of construction and operation of parking facilities may be: (1) accepted as a donation; (2) appropriated from the general fund or from any fund derived from parking revenues; (3) provided by the issuance and sale of general obligation bonds of the m…

Sec. 16. (a) If a municipality wants to obtain all or part of the money necessary to pay the cost of parking facilities by the issuance of revenue bonds, the bonds must be authorized by ordinance of the municipal legislative body. (b) The ordinance authorizing the revenue bonds: …

Sec. 17. (a) A holder of revenue bonds or interest coupons issued under section 16 of this chapter may, by civil action: (1) protect and enforce all rights granted by statute or by the ordinance authorizing the issuance of the bonds; and (2) enforce and compel performance of all …

Sec. 18. If revenue bonds are issued to finance the cost of parking facilities, the municipality shall keep proper books of records and accounts for the parking facilities, separate from all of its other records and accounts. These records and accounts must contain complete and c…

Sec. 19. (a) This subsection applies only to cities. The gross revenues of parking facilities shall be kept in a fund or funds separate from all other funds of the city, and shall be deposited in the fund or funds daily, as received. As long as any revenue bonds are outstanding, …

Sec. 2. The construction, operation, and acquisition of land for parking facilities by a municipality are public uses and purposes for which public money may be spent and private property may be acquired by the exercise of the power of eminent domain. [Pre-Local Government Recodi…

Sec. 20. (a) This subsection applies only to cities. All or part of the gross revenues, or of the net revenues remaining after the payment of the cost of operation, maintenance, and repair, may be pledged to the payment of the principal of and interest on the revenue bonds and th…

Sec. 21. If a pledge of revenues is made under section 20 of this chapter, then the revenues pledged shall be deposited monthly in the fund or account for the payment of the bonds. The pledge is irrevocable as long as any of the bonds for which the pledge is made are outstanding,…

Sec. 22. The money provided by the issuance of revenue bonds under this chapter, the revenues of parking facilities, and all other revenues pledged to the payment of the interest on and principal of the revenue bonds are considered trust funds, and shall be held and applied only …

Sec. 3. A municipality may acquire, establish, construct, maintain, operate, lease to others for operation, and regulate parking facilities for vehicles under this chapter. In exercising these powers, the municipality may: (1) clear, grade, surface, and pave land; (2) erect and e…

Sec. 4. (a) From time to time the municipality shall make or cause to be made surveys and studies necessary to determine the need for and proper location of parking facilities, giving due consideration to: (1) the free and safe movement of traffic; (2) the terminal points and con…

Sec. 5. (a) Before the municipal works board proceeds with the acquisition and construction of any parking facilities approved under section 4 of this chapter, it must cause to be prepared: (1) plats and descriptions of the land proposed to be acquired or used; (2) general plans …

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

Sec. 7. (a) In connection with the operation of any parking facility, the municipal works board may fix the rates and charges to be collected for the parking of vehicles, or for any other use of the facility, and adopt rules governing the use and operation of the facility so as t…

Sec. 8. (a) A municipality may acquire the property required for parking facilities by gift, lease, purchase, the exercise of the power of eminent domain, or any combination of these methods. A municipality may also acquire air rights above real property, for facilities above tha…

Sec. 9. (a) A municipality that operates one (1) or more parking facilities financed in whole or in part by the issuance of revenue bonds shall maintain insurance of the kinds and in the amounts ordinarily carried by persons operating similar facilities. (b) All insurance proceed…

Sec. 1. This chapter applies to a city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500). As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.12-1992, SEC.197; P.L.170-2002, SEC.177; P.L.119-2012, SEC.242; P.L.…

Sec. 10. (a) Not later than thirty (30) days after the directors are appointed, and on the first Monday of each following February they shall hold a meeting for the purpose of organization. They shall elect the following officers from among their members: (1) President. (2) Vice …

Sec. 11. (a) All necessary preliminary expenses actually incurred in the: (1) making of surveys; (2) estimates of cost and receipts; (3) employment of engineers or other employees; (4) giving of notices; (5) taking of options; and (6) all other expenses necessary to be paid befor…

Sec. 12. The board of directors may finance, construct, and lease buildings for the joint or separate use of one (1) or more of the governmental entities within the county in which the authority has been created. The board of directors also may: (1) sue and be sued; (2) appropria…

Sec. 13. (a) A governmental entity within the county and the authority may enter into a lease for all or part of a building under the control of the authority. A governmental entity may also sublease the leased premises to other governmental entities within the county. (b) A leas…

Sec. 14. (a) An option to purchase on the dates of each year fixed in the lease, before the expiration of the lease, may also be included in the original lease. The price must be computed by a method set out in the lease. The option may be given to one (1) or more lessees acting …

Sec. 15. (a) When the authority and a governmental entity have agreed upon the lease, and before the final execution of the lease, a notice shall be published under IC 5-3-1 of a hearing to be held by the fiscal body of the governmental entity. The hearing shall be held on a day …

Sec. 16. (a) The lease shall be executed on behalf of the governmental entity by an officer authorized by law to execute contracts for the entity and on behalf of the authority by both the president or vice president of the board and the secretary of the board of directors. (b) N…

Sec. 17. (a) Ten (10) or more taxpayers whose tax rate will be affected by the lease may file a petition in the office of the county auditor within thirty (30) days after publication of notice of the execution of the lease. The petition must set forth their objections and the fac…