CHAPTER 4. GENERAL CORPORATE POWERS
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 chapterapplies 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 orindemnify
Sec. 7.5. (a) This section applies to a transaction that involves aparcel of real estate that is owned or leased by a unit and the unit ora board, an agency, a department, a commission, or other division ofthe 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 ownedor 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 developmentproject that will:
(A) promote opportunities for employment of the citizens ofthe 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 notwithstandingdefenses available and immunity provided in IC 34-13-3, a unit mayenter into a contract or lease that contains a provision, a clause, acovenant, a promise, or an agreement by the unit to defend orindemnify any person against any claim, cause of action, demand,cost, judgment, or other loss of any kind provided for under the termsof the contract.
(c) A unit may not indemnify a person against any claim, cause ofaction, demand, cost, judgment, or other loss resulting fromenvironmental contamination of the parcel of real estate caused bythe negligence or willful misconduct of the indemnified personoccurring after the effective date of the indemnification.
(d) Nothing in this section may be construed to limit any rightsthat a unit may have to defend or indemnify a person under any otherlaw.
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 propertyand execute any documents necessary to receive money or otherproperty 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 theproduction of documents relevant to matters being considered atmeetings 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 adepartment 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 andqualification
Sec. 14. A unit may hire and discharge employees and establisha system of employment for any class of employees based on meritand 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 officersand 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 oremployees if that action could have been approved in advance.Ratification of an action under this section must be made by the sameprocedure that would have been required for approval of the actionin 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 thefollowing:
(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 thissection. The costs of collection, including reasonable attorney's fees,may be added to money that is owed and collected under thissubsection.
(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 accountrequired 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 sections5 and 6 of this chapter in areas within four (4) miles outside itscorporate boundaries.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-4-19
Applicability of parking ordinances, zoning ordinances, and otherrequirements in Vanderburgh County
Sec. 19. (a) As used in this section, "subject property" refers tothe property in Vanderburgh County within the Northwest Quarterof Section 26, Township 6 South, Range 10 West.
(b) An ordinance of a unit that regulates the parking of motorvehicles is not applicable within the subject property.
(c) A zoning ordinance of a unit is not applicable within thesubject property.
(d) Any requirements for municipal roads or streets do not applyto 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.