Title 36, LOCAL GOVERNMENT

Sec. 2. An individual appointed under section 1 of this chapter is not a member of the legislative body. As added by P.L.69-2008, SEC.2.

Sec. 1. This chapter applies to all units except townships. [Pre-Local Government Recodification Citation: 18-7-14-2 part.] As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.75; P.L.262-1993, SEC.1.

Sec. 1.6. As used in this chapter, "district" refers to a community revitalization enhancement district designated under section 10.5, 12, or 12.1 of this chapter. As added by P.L.125-1998, SEC.4. Amended by P.L.174-2001, SEC.1; P.L.224-2003, SEC.232.

Sec. 10. (a) After approval by ordinance or resolution of the legislative body of a municipality located in a county having a population of: (1) more than one hundred thirty-nine thousand (139,000) and less than one hundred sixty thousand (160,000); (2) more than two hundred fift…

Sec. 10.1. (a) This section applies to a: (1) first class city; or (2) second class city. (b) After approval by ordinance or resolution of the legislative body of a city described in subsection (a), the executive of the city may submit an application to an advisory commission on …

Sec. 10.5. (a) This section applies only to a county that meets the following conditions: (1) The county's annual rate of unemployment has been above the average annual statewide rate of unemployment during at least three (3) of the preceding five (5) years. (2) The median income…

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

Sec. 11. If a municipal or county executive submits an application requesting an area to be designated as a district under this chapter, the advisory commission on industrial development shall do the following: (1) Compile information necessary to make a determination concerning …

Sec. 12. (a) If a municipal or county executive has submitted an application to an advisory commission on industrial development requesting that an area be designated as a district under this chapter and the advisory commission has compiled and prepared the information required u…

Sec. 12.1. (a) If the executive of a city described in section 10.1(a) of this chapter has submitted an application to an advisory commission on industrial development requesting that an area be designated as a district under this chapter and the advisory commission has compiled …

Sec. 12.3. (a) Notwithstanding any other provision of this chapter, the designation of any district after December 31, 2010, is subject to the requirements of this section. (b) An advisory commission on industrial development may not designate a district under section 12 or 12.1 …

Sec. 12.4. Notwithstanding any other law, if the Indiana economic development corporation subsequently designates territory that is located in an existing allocation area under this chapter as an innovation development district under IC 36-7-32.5, the allocation area may not be r…

Sec. 12.5. (a) An advisory commission on industrial development that designates a district under section 12 or 12.1 of this chapter or the legislative body of a county or municipality that adopts an ordinance designating a district under section 10.5 of this chapter may petition …

Sec. 13. (a) If an advisory commission on industrial development designates a district under section 12 or 12.1 of this chapter or if the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter, the advisory commi…

Sec. 14. (a) Before the first business day in October of each year, the department shall calculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for each district designated under this chapter. (b) Businesses operati…

Sec. 15. (a) If an advisory commission on industrial development designates a district under this chapter or the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter, the treasurer of state shall establish an i…

Sec. 16. (a) A unit may issue bonds or other obligations to finance the costs of addressing the development obstacles described in section 12(b)(3), 12(c), 12(d)(3), 12(e)(2), or 12.1(a) of this chapter in the district. (b) The district bonds are special obligations of indebtedne…

Sec. 17. Money in the industrial development fund may be pledged by an advisory commission for the following purposes: (1) To pay debt service on bonds or other obligations issued under this chapter. (2) To establish and maintain a debt service reserve established by the advisory…

Sec. 18. (a) As used in this section, "developer" means a person that: (1) proposes to enter into, or has entered into, a financing agreement with a unit for the development or redevelopment of a facility located in a district; and (2) has entered into a separate agreement with s…

Sec. 19. When the advisory commission, or the legislative body of a county or municipality that adopts an ordinance designating a district under section 10.5 of this chapter, determines that the purposes for which a district was established have been accomplished and that all bon…

Sec. 2.4. Except as provided in section 10.7(c) of this chapter, as used in this chapter, "gross retail base period amount" means: (1) the aggregate amount of state gross retail and use taxes remitted under IC 6-2.5 by the businesses operating in the territory comprising a distri…

Sec. 2.6. (a) Except as provided in subsection (b), as used in this chapter, "gross retail incremental amount" means the remainder of: (1) the aggregate amount of state gross retail and use taxes that are remitted under IC 6-2.5 by businesses operating in a district during a stat…

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…