2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 1. GENERAL PROVISIONS CHAPTER 4. GENERAL CORPORATE POWERS
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IC 36-1-4
Chapter 4. General Corporate Powers
IC 36-1-4-1
Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to all units.
(b) Section 11 of this chapter does not apply to townships.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993,
SEC.5.
IC 36-1-4-2
Establishment and operation
Sec. 2. A unit may establish and operate a government.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-3
Power to sue and be sued
Sec. 3. A unit may sue and be sued.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-4
Corporate seal
Sec. 4. A unit may have a corporate seal.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-5
Acquisition of real and personal property
Sec. 5. A unit may acquire, by eminent domain or other means,
and own interests in real and personal property.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-6
Interests in property; use, improvement, lease, or disposal
Sec. 6. A unit may use, improve, develop, insure, protect,
maintain, lease, and dispose of its interests in property.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-7
Contracts
Sec. 7. A unit may enter into contracts.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-7.5
Environmentally contaminated real estate; agreement to defend or
indemnify
Sec. 7.5. (a) This section applies to a transaction that involves a
parcel of real estate that is owned or leased by a unit and the unit or
a board, an agency, a department, a commission, or other division of
the unit has determined in a resolution, an ordinance, a lease, a
contract, or other written instrument that the parcel of real estate:
(1) may have environmental contamination:
(A) that occurred during or before the time the unit owned or
leased the parcel of real estate; and
(B) for which the unit may be liable under applicable laws;
and
(2) will be used in connection with an economic development
project that will:
(A) promote opportunities for employment of the citizens of
the unit;
(B) attract new business enterprises to the unit; or
(C) retain or expand a business enterprise within the unit.
(b) Except as provided in IC 26-2-5-1 and notwithstanding
defenses available and immunity provided in IC 34-13-3, a unit may
enter into a contract or lease that contains a provision, a clause, a
covenant, a promise, or an agreement by the unit to defend or
indemnify any person against any claim, cause of action, demand,
cost, judgment, or other loss of any kind provided for under the terms
of the contract.
(c) A unit may not indemnify a person against any claim, cause of
action, demand, cost, judgment, or other loss resulting from
environmental contamination of the parcel of real estate caused by
the negligence or willful misconduct of the indemnified person
occurring after the effective date of the indemnification.
(d) Nothing in this section may be construed to limit any rights
that a unit may have to defend or indemnify a person under any other
law.
As added by P.L.123-1996, SEC.18. Amended by P.L.1-1998,
SEC.201.
IC 36-1-4-8
Payment of debts
Sec. 8. A unit may pay debts.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-9
Borrowing of money
Sec. 9. A unit may borrow money.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-10
Acceptance of donations
Sec. 10. A unit may accept donations of money or other property
and execute any documents necessary to receive money or other
property from the state or federal government or any other source.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-11
Ordinances
Sec. 11. A unit may adopt, codify, and enforce ordinances.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-12
Attendance of witnesses and production of documents at meetings
Sec. 12. A unit may require the attendance of witnesses and the
production of documents relevant to matters being considered at
meetings of a department or agency.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-13
Contempt and disorder in rooms of department
Sec. 13. A unit may punish contempt and disorder in rooms of a
department or agency.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-14
Employees; employment and discharge; class based on merit and
qualification
Sec. 14. A unit may hire and discharge employees and establish a
system of employment for any class of employees based on merit and
qualification.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-15
Compensation of officers and employees
Sec. 15. A unit may fix the level of compensation of its officers
and employees.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-16
Ratification of actions of officers or employees; procedure
Sec. 16. A unit may ratify any action of the unit or its officers or
employees if that action could have been approved in advance.
Ratification of an action under this section must be made by the same
procedure that would have been required for approval of the action
in advance.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-17
Compromise of claims against unit; collecting owed money
Sec. 17. (a) A unit may compromise claims made against it.
(b) A unit or a person designated in writing by the unit may do the
following:
(1) Collect any money that is owed to the unit.
(2) Compromise the amount of money owed to the unit.
(c) A unit shall determine the costs of collecting money under this
section. The costs of collection, including reasonable attorney's fees,
may be added to money that is owed and collected under this
subsection.
(d) A unit or the unit's agent that collects money under this section
shall deposit that money, less the costs of collection, in the account
required by law.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.64-1989,
SEC.2; P.L.57-1993, SEC.14.
IC 36-1-4-18
Extraterritorial powers
Sec. 18. A municipality may exercise powers granted by sections
5 and 6 of this chapter in areas within four (4) miles outside its
corporate boundaries.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-19
Applicability of parking ordinances, zoning ordinances, and other
requirements in Vanderburgh County
Sec. 19. (a) As used in this section, "subject property" refers to the
property in Vanderburgh County within the Northwest Quarter of
Section 26, Township 6 South, Range 10 West.
(b) An ordinance of a unit that regulates the parking of motor
vehicles is not applicable within the subject property.
(c) A zoning ordinance of a unit is not applicable within the
subject property.
(d) Any requirements for municipal roads or streets do not apply
to a road or street within the subject property.
As added by P.L.195-2001, SEC.13. Amended by P.L.33-2003,
SEC.1.
IC 36-1-4-20
Expenditures in support of military facilities
Sec. 20. (a) This section does not apply to units located in a
county for which the total amount of net property taxes allocated to
all allocation areas or other tax increment financing areas established
by a redevelopment commission, military base reuse authority,
military base development authority, or another similar entity in the
county in the preceding calendar year exceeded nineteen percent
(19%) of the total net property taxes billed in the county in the
preceding calendar year.
(b) As used in this section, "active military base" means an active
military installation that is used for the deployment, redeployment,
mobilization, concentration, movement, exercise, or training of active
or reserve components of the armed forces of the United States or of
active or reserve components of the Indiana National Guard or
Indiana Air National Guard. The term also includes a military
installation that is used for the design, construction, maintenance, and
testing of electronic devices and ordnance.
(c) Upon appropriation by the fiscal body of a unit, the unit may
expend money:
(1) in direct support of:
(A) an active military base located within the unit; or
(B) an entity located within:
(i) the territory or facilities of a military base or former
military base within the unit that is scheduled for closing
or is completely or partially inactive or closed; or
(ii) any territory or facilities of the United States
Department of Defense within the unit that are scheduled
for closing or are completely or partially inactive or
closed;
including direct support for the promotion of the active military
base or entity, the growth of the active military base or entity,
and activities at the active military base or entity; and
(2) in support of any other entity that provides services or direct
support to an active military base or entity described in
subdivision (1).
As added by P.L.95-2014, SEC.1.
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