Title 36, LOCAL GOVERNMENT

Sec. 80. A person who enters into a contract with the board under section 78 or 79 of this chapter may not subcontract any part of the contract without the written consent of the board. The board may withhold its consent only for good cause. [Pre-Local Government Recodification C…

Sec. 80.5. (a) If a change in the original specifications of a contract for the construction or reconstruction of a drain becomes necessary during the construction or reconstruction, the county surveyor may issue a change order to add, delete, or change an item in the contract. A…

Sec. 81. The county surveyor may, without first obtaining the approval of the board, authorize partial or progress payments to a contractor for work performed in amounts not in excess of eighty-five percent (85%) of the contract price of the work then completed. The county survey…

Sec. 82. (a) Whenever a contract under this chapter calls for a payment to be made to the contractor on the completion of work, the county surveyor shall inspect the work done and file with the board a written report approving or disapproving the work. The board may not allow a c…

Sec. 83. (a) A subcontractor, laborer, or other person may file a claim with the board if: (1) at the request of a contractor, the subcontractor, laborer, or other person has performed any work or other service or has furnished any material used under the contract; and (2) the su…

Sec. 84. (a) After letting a contract for the construction, reconstruction, or maintenance of a drain, the board shall determine the full cost of the construction, reconstruction, or maintenance, including the contract price, incidental expenses, damages, interest on any bonds is…

Sec. 85. (a) The board shall certify the list of assessments apportioned under section 84 of this chapter to the auditor of each county in which there are lands to be assessed. (b) Whenever the order of the board establishing an annual assessment for periodic maintenance becomes …

Sec. 86. (a) Not later than thirty (30) days after the county auditor receives the certification of final costs for the construction or reconstruction of a drain, the auditor shall deliver a copy of the ditch duplicate to the county treasurer. The treasurer shall either: (1) not …

Sec. 87. If one (1) person or association owns two (2) or more separate pieces of property subject to assessment under this chapter, the board may issue one (1) itemized bill. The assessment must clearly show the pieces of property being assessed, the assessment for each piece of…

Sec. 88. All final assessments, other than annual assessments for periodic maintenance, are due and may be paid upon the date of certification of the final assessment to the county auditor, except that: (1) the owners liable for the payment of the assessments may elect to pay the…

Sec. 89. (a) The lien of a ditch assessment attaches to the land assessed on the date of certification of the final assessment to the county auditor, and is inferior only to tax liens. (b) The lien of a ditch assessment terminates on the date it is paid in full or on the last day…

Sec. 9. The board may employ and fix the compensation of an attorney to represent and advise the board. [Pre-Local Government Recodification Citation: 19-4-1-6 part.] As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.137-1989, SEC.17.

Sec. 90. When any ditch assessment against land owned by a municipal corporation becomes delinquent, the county auditor shall: (1) certify the amount of the delinquency to the state board of accounts and to the person who receives semiannual distribution of taxes on behalf of the…

Sec. 91. (a) This section applies whenever: (1) a court or jury acting under section 107 of this chapter: (A) increases an award of damages; or (B) decreases an assessment of benefits; that was made by the board for the construction or reconstruction of a drain; and (2) as a resu…

Sec. 92. (a) Whenever the owner of a tract of land assessed under this chapter subdivides or otherwise transfers part of the tract to another owner, the owner of the tract may file with the board a written request for reassessment in recognition of the transfer. The request must …

Sec. 93. (a) Whenever: (1) the board adopts a schedule of annual assessments for the periodic maintenance of a drain or a combination of drains established under section 41 of this chapter; and (2) a transfer of a part of any tract that is assessed by the schedule is subsequently…

Sec. 94. (a) Whenever the board determines by resolution spread upon its minutes that the cost of constructing or reconstructing a particular drain is in excess of that amount that the owners of land to be assessed may conveniently pay in installments over a five (5) year period,…

Sec. 95. Neither a member of the board, the county surveyor, nor any other officer may receive any fees for the sale of bonds to finance the construction or reconstruction of a drain. However, the attorney for the board is not required to perform services under a general retainer…

Sec. 96. (a) Bonds issued to finance the construction or reconstruction of a drain are not the general obligation of the county, the board, or any person. The bonds are a lien only upon the land assessed for benefits for the construction or reconstruction in the ratio of the asse…

Sec. 97. (a) A bond redemption fund is established for each construction or reconstruction project for which the board authorizes the sale of bonds. The fund consists of all assessments paid by the owners assessed as benefited by the construction or reconstruction, and may be use…

Sec. 97.5. (a) Whenever the board determines by resolution spread upon its minutes that the cost of constructing or reconstructing a particular drain is an amount that the owners of land to be assessed may conveniently pay in installments over a ten (10) year period, it may ask t…

Sec. 98. (a) Whenever a regulated drain is: (1) located wholly or partly within a municipality; and (2) constructed, reconstructed, or maintained under this chapter; the municipal fiscal body may, on behalf of the owners assessed or to be assessed within the municipality, pay the…

Sec. 99. A municipal or county fiscal body may, by resolution, establish a cumulative drainage fund under IC 6-1.1-41 for the construction, reconstruction, or maintenance of drains under this chapter. In the case of a county, however, the fund may be established only upon the rec…

Sec. 1. (a) Except as provided in subsection (b) and notwithstanding any other law, a unit may not adopt or continue in effect any ordinance, rule, regulation, or resolution that prohibits a person from beekeeping on property that the person owns, rents, or leases. (b) A unit may…

Sec. 2. (a) This section applies only to a county having a consolidated city. (b) As used in this section, "board" refers to the: (1) board of directors of an agricultural fair society, association, or corporation that is organized under IC 15-14-5; or (2) county legislative body…

Sec. 1. This chapter only applies to a county not having a consolidated city. As added by P.L.139-2024, SEC.1.

Sec. 2. (a) As used in this chapter, "contract" means a contract for the purchase of: (1) real property; (2) tangible or intangible personal property; or (3) services (as defined in IC 5-22-2-30). (b) The term does not include a contract concerning the issuance of: (1) a bond to …

Sec. 3. As used in this chapter, "county officer" has the meaning set forth in IC 36-2-2.9-3. As added by P.L.139-2024, SEC.1.

Sec. 4. A contract entered into by a county, including a contract executed by a county officer, must meet the following requirements: (1) The contract must be executed in the name of the county. (2) Any property purchases for public use shall be: (A) titled to; or (B) documented …

Sec. 5. The county executive may, by ordinance, require standard contractual language to be used in all contracts entered into by the county, including contracts executed by a county officer. The ordinance may include: (1) provisions for indemnification; (2) dispute resolution pr…

Sec. 6. In addition to the county executive's authority under IC 36-2-2.9 to approve contracts, the county executive may adopt an ordinance to delegate additional authority to approve contracts to other county officers and employees. As added by P.L.139-2024, SEC.1.

Sec. 1. This chapter applies to all cities. As added by P.L.264-1993, SEC.1.

Sec. 2. Notwithstanding any other law, a city may take all actions necessary to establish or provide assistance to a nonprofit corporation that serves as a minority enterprise small business investment company for purposes of 15 U.S.C. 681(d). As added by P.L.264-1993, SEC.1.

Sec. 1. As used in this chapter, "local unit" means any: (1) unit as defined in IC 36-1-2-23; (2) fire protection district established under IC 36-8-11; or (3) fire protection territory established under IC 36-8-19. As added by P.L.230-2025, SEC.147.

Sec. 2. As used in this chapter, "state fire marshal" means the state fire marshal appointed under IC 22-14-2-2. As added by P.L.230-2025, SEC.147.

Sec. 3. Any local unit that provides fire service shall make semiannual fire service reports to the state fire marshal as follows: (1) For the six (6) month period from July 1 through December 31 of a year, by January 31 of the following year. (2) For the six (6) month period fro…

Sec. 4. (a) The state fire marshal shall subsequently report: (1) the data reported by January 31 under section 3(1) of this chapter to the legislative council by the following March 1; and (2) the data reported by July 31 under section 3(2) of this chapter to the legislative cou…

Sec. 5. A fire service report under this chapter shall include data on the following: (1) The number of separate fire runs made during the reporting period. A single fire run requiring multiple vehicles shall be considered one (1) fire run for purposes of a report. (2) The number…

Sec. 1. This chapter applies to all municipalities other than a consolidated city. [Pre-Local Government Recodification Citation: 19-4-20-1 part.] As added by Acts 1981, P.L.309, SEC.104.

Sec. 10. (a) When the municipal works board finally accepts a project under this chapter, it shall certify the completion and acceptance of the project to the court. The court shall then direct the clerk of the court to make out two (2) copies of a list showing: (1) the owners of…

Sec. 11. (a) After a project is completed and approved under this chapter, the care, management, control, repair, and maintenance of the project may be placed under the jurisdiction of a board of directors appointed under this section. (b) A petition requesting the appointment of…

Sec. 12. (a) A board of directors appointed under this chapter consists of three (3) directors, who must own land assessed for the construction of the project. One (1) of the directors must be a resident of the municipality affected by the improvement, and two (2) of the director…

Sec. 13. Each member of a board of directors appointed under this chapter is entitled to compensation, at a rate fixed by the circuit court but not to exceed thirty-five dollars ($35) per day, for the member's services under this chapter. The compensation of the board shall be pa…

Sec. 14. A board of directors appointed under this chapter may employ the assistants necessary to perform its duties under this chapter. The compensation of the assistants shall be paid from the assessments made under section 16 of this chapter. [Pre-Local Government Recodificati…

Sec. 15. (a) A board of directors appointed under this chapter shall make all repairs necessary to keep the project in its original condition. If, in making the repairs, it is necessary to change the line and location of a ditch at any point, the board may do so, but the board ma…

Sec. 16. (a) The money necessary to pay costs incurred by a board of directors in the management and maintenance of a project, including money to be reimbursed to a county under section 15 of this chapter, shall be derived from assessments made under this section. (b) The board o…