Title 36, LOCAL GOVERNMENT

Sec. 20. The general assembly covenants that this chapter will not be repealed or amended in a manner that will adversely affect the owner of bonds or other obligations issued under this chapter. As added by P.L.125-1998, SEC.24.

Sec. 21. (a) Two (2) or more: (1) advisory commissions; or (2) legislative bodies; or any combination of advisory commissions and legislative bodies may enter into a written agreement under this section to jointly undertake economic development projects. (b) A party to an agreeme…

Sec. 22. An agreement described in section 21 of this chapter must provide for the following: (1) The duration of the agreement. (2) The purpose of the agreement. (3) The manner of financing, staffing, and supplying the joint undertaking and of establishing and maintaining a budg…

Sec. 3. (a) For purposes of this chapter, "improve" means to construct, reconstruct, or repair public ways, sidewalks, sewers, drains, fences, or buildings, and to do all other things that would enhance the value of real property and make it more suitable to industrial use. (b) A…

Sec. 3.2. Except as provided in section 10.7(d) of this chapter, as used in this chapter, "income tax base period amount" means: (1) the aggregate amount of state and local income taxes paid by employees employed in the territory comprising a district with respect to wages and sa…

Sec. 3.4. (a) Except as provided in subsection (b), as used in this chapter, "income tax incremental amount" means the remainder of: (1) the aggregate amount of state and local income taxes paid by employees employed in a district with respect to wages earned for work in the dist…

Sec. 3.8. As used in this chapter, "state and local income taxes" means taxes imposed under any of the following: (1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax). (2) IC 6-3.6 (local income tax). As added by P.L.125-1998, SEC.9. Amended by P.L.192-2002(ss), SEC.174;…

Sec. 4. (a) To provide money for the purposes set forth in section 3 of this chapter, the unit shall create a special revolving fund to be known as the industrial development fund, into which any available and unappropriated money of the unit may be transferred by the unit's legi…

Sec. 5. (a) In order to coordinate the efforts of the unit and any private industrial development committee in the community, an advisory commission on industrial development shall be appointed by the unit's executive. (b) Except as provided in subsection (d), the commission shal…

Sec. 5.5. (a) This section does not apply to sales, leases, or other dispositions of real property to other public agencies for public purposes. (b) Before offering for sale or lease to the public any of the real property acquired under this chapter, the advisory commission on in…

Sec. 6. All costs for the acquisition and improvement of real property under this chapter shall be paid from the industrial development fund, and all proceeds from the sale of real property under this chapter shall be deposited in that fund. [Pre-Local Government Recodification C…

Sec. 7. The title to all real property acquired under this chapter shall be taken in the name of the unit and shall be conveyed by warranty deed executed by the presiding officer of the legislative body and attested to by the clerk of the unit. [Pre-Local Government Recodificatio…

Sec. 8. Property acquired by or from a unit under this chapter is not exempt from any taxes. [Pre-Local Government Recodification Citation: 18-7-14-9.] As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.80; P.L.262-1993, SEC.7.

Sec. 9. When the purposes for which the industrial development fund was established have been accomplished and all districts designated by the unit have been terminated under section 19 of this chapter, the balance remaining in that fund shall be transferred to the general fund o…

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.83-1998 apply only to purchases that occur after June 30, 1998. As added by P.L.220-2011, SEC.677.

Sec. 1. This chapter applies to all townships. However, this chapter does not apply to a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.65. Amend…

Sec. 2. If a majority of the owners of taxable real property residing within and owning real property within that part of a township located outside the corporate boundaries of a municipality petition the township executive and legislative body to provide fire protection in that …

Sec. 3. (a) The executive of a township, with the approval of the legislative body, may do the following: (1) Purchase firefighting and emergency services apparatus and equipment for the township, provide for the housing, care, maintenance, operation, and use of the apparatus and…

Sec. 4. (a) Each township shall establish either: (1) a township firefighting and emergency services fund which is to be used by the township for the payment of costs attributable to providing fire protection or emergency services under the methods prescribed in section 3 of this…

Sec. 4.5. (a) This section applies to a township that provides fire protection or emergency services or both to a municipality in the township under section 3(b) or 3(c) of this chapter. (b) Except as provided in subsection (c), with the consent of the township legislative body, …

Sec. 4.6. (a) For townships and municipalities that elect to have the township provide fire protection and emergency services under section 3(b) of this chapter, the department of local government finance shall adjust each township's and each municipality's maximum permissible le…

Sec. 4.7. (a) For a township that elects to have the township provide fire protection and emergency services under section 3(c) of this chapter, the department of local government finance shall adjust the township's maximum permissible levy described in section 4(c)(1) or 4(c)(2)…

Sec. 5. After a sufficient appropriation has been made and approved and is available for the purchase of firefighting apparatus and equipment, including housing, the township executive, with the approval of the township legislative body, may purchase it for the township on an ins…

Sec. 6. (a) Subject to section 6.5 of this chapter, the executive and legislative body, on behalf of the township, may also borrow the necessary money from a financial institution in Indiana to make the purchase on the same terms. They shall, on behalf of the township, execute an…

Sec. 6.5. (a) If the executive and the legislative body determine that money should be borrowed under section 6 of this chapter, not less than ten (10) taxpayers in the township who disagree with the determination may file a petition in the office of the county auditor not more t…

Sec. 7. (a) All purchases of firefighting apparatus and equipment shall be made in the manner provided by statute for the purchase of township supplies. If the amount involved is sufficient to require notice under statutes for bids in connection with the purchase of apparatus or …

Sec. 8. A township having a regularly organized fire department employing full-time firefighters may procure at the township's expense: (1) an insurance policy for each member of the department insuring the member against the loss of the member's life or dismemberment while in th…

Sec. 9. (a) As used in this section, "firefighter" means a current or former full-time, paid firefighter. (b) A township 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 duty. (c) The town…

Sec. 1. This chapter applies to all counties and to the following municipal corporations in each county: (1) Municipalities. (2) Townships. (3) School Corporations. (4) Health and hospital corporations. The municipal corporations to which this chapter applies are referred to as "…

Sec. 10. (a) The trustees may adopt rules and bylaws governing their procedure. (b) The proceedings of the trustees shall be recorded in a book provided for that purpose. (c) In addition to their meetings under section 9 of this chapter, the trustees may hold regular and special …

Sec. 11. (a) A county building authority is under the control of a board of directors. This board consists of five (5) directors, who shall be appointed by a majority vote of the building authority trustees. Each of the original directors shall serve from the date of the director…

Sec. 12. As the term of a director expires, the director's successor shall be appointed by a majority vote of the trustees. The new director shall serve for one (1) year from the first day of February after the new director's appointment, and until the new director's successor is…

Sec. 13. If a vacancy occurs on the board of directors, the trustees shall, by a majority vote, appoint a new director to serve the remainder of the term. [Pre-Local Government Recodification Citation: 19-8-4-5 part.] As added by Acts 1981, P.L.309, SEC.86.

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 s…

Sec. 15. In addition to their meetings under section 14 of this chapter, the directors may hold the regular and special meetings they consider necessary. The directors may fix the times of these meetings and the notices required for meetings by resolution or under their rules and…

Sec. 16. (a) The directors may adopt the rules and bylaws they consider necessary for the proper conduct of their proceedings, the performance of their duties, and the safeguarding of the funds and property of the building authority. (b) A majority of the directors constitutes a …

Sec. 17. A trustee or director vacates the trustee's or director's office if the trustee or director does any of the following: (1) The trustee or director ceases to be a resident of the county. (2) The trustee or director becomes an officer or employee of an eligible entity. How…

Sec. 18. (a) This subsection only applies to an individual who is appointed a trustee by a county executive of a county that does not contain a consolidated city. A trustee serves at the pleasure of the county executive as long as the county executive retains all of the same memb…

Sec. 19. A trustee or director is not entitled to a salary but is entitled to reimbursement for expenses necessarily incurred in the performance of the trustee's or director's duties. [Pre-Local Government Recodification Citations: 19-8-4-3 part; 19-8-4-5 part.] As added by Acts …

Sec. 2. For purposes of this chapter, the following are considered the governing bodies of their respective eligible entities: (1) Board of commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1. (2) County council, for a county subject to IC 36-2-3.5. (3) City-count…

Sec. 20. A trustee or director may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. Any such transaction in which a trustee or director has a pecuniary interest is void. [Pre-Local Government Recodification Citation: 19-8-4-7…

Sec. 21. All necessary preliminary expenses that must be paid by the board of directors of a building authority before the issuance and delivery of bonds or the negotiation of a loan under this chapter, including expenses incurred in: (1) making surveys; (2) estimating costs and …

Sec. 22. (a) Except as provided in subsection (b), the board of directors of a building authority, acting in the name of the authority, may: (1) finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, equip, operate, maintain, and manage land, government bui…

Sec. 22.5. The authority may operate, maintain, and manage all or any part of a government building or system for the benefit of an eligible entity under a management contract entered into for a period of not more than forty (40) years. The management contract may contain any ter…

Sec. 23. (a) An eligible entity may lease land or any part of a government building or system from a building authority, and the authority may lease land or any part of a government building or system to an eligible entity. An eligible entity that enters into such a lease may sub…

Sec. 24. A lease under section 23 of this chapter may provide the eligible entity that is the lessee with an option to renew the lease for the same term or a shorter term, on the conditions provided in the lease. [Pre-Local Government Recodification Citation: 19-8-4-13 part.] As …