reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-7. Notice of Hearing

Sec. 7. (a) Notice of a hearing on the preliminary resolution approving construction of the system shall be published in accordance with IC 5-3-1. The notice must state:
(1) that the works board has adopted the preliminary resolution; and
(2) the time and place at which the works board will do the following:
(A) Hear all interested persons.
(B) Decide whether the benefits to the property liable to be assessed for construction of the system will equal the estimated cost of construction of the system.
(b) The works board shall send a notice containing the information required under subsection (a) to the property owner that applied for construction of the system.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-8. Filing of Cost Estimate by County Engineer; Limitation on Entry Into Contract

Sec. 8. (a) At least ten (10) days before the date fixed for a hearing under section 7 of this chapter, the engineer of the county shall file with the works board an estimate of the maximum cost of construction of the system proposed by the works board.
(b) A county may not enter into a contract under the preliminary resolution if the contract exceeds the engineer's estimate filed under subsection (a).
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-9. Works Board Conduct of Hearing; Limitation on Further Action

Sec. 9. (a) At the hearing specified in the notice under section 7 of this chapter, the works board shall do the following:
(1) Hear interested persons.
(2) Decide whether the benefits that will accrue to the property liable to be assessed for construction of the system will equal the maximum estimated cost of construction of the system.
(3) Determine the assessment against the property on which the system is constructed in an amount that does not exceed the engineer's estimate under section 8 of this chapter.
(b) If the works board finds that the benefits will not equal the maximum estimated cost of construction of the system, the board shall take no further action.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-10. Special Assessment Levy; Limitation on Amount

Sec. 10. (a) The works board shall levy special assessments for the amount determined under section 9 of this chapter if:
(1) the contract for construction of the system is executed; and
(2) the system is constructed.
(b) The special assessments levied under this section may not exceed the cost of construction of the system.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-11. Works Board Action on Preliminary Resolution; Effect of Modified or Confirmed Resolution

Sec. 11. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for construction of the system, the works board may do any of the following:
(1) Confirm the preliminary resolution.
(2) Modify the preliminary resolution.
(3) Rescind the preliminary resolution.
(b) The preliminary resolution is final and conclusive on all parties if:
(1) the preliminary resolution is modified or confirmed under this section; and
(2) construction of the system is ordered.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-12. Works Board Advertisement for Bids and Performance of Work

Sec. 12. If the works board finally orders construction of a system, the works board shall advertise for bids and perform the work under IC 36-1-12.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-13. Construction Contract for Entire System; Challenge to Contract

Sec. 13. (a) The contract for construction of a system must be for construction of the entire system.
(b) After the execution of a contract for construction of a system, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. This action must be brought before the actual commencement of work under the contract.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-14. Contractor Guarantee of Workmanship and Materials

Sec. 14. (a) A contractor for construction of a system must guarantee the contractor's workmanship and all materials used in the work.
(b) The guarantee required under subsection (a) must be in the following form:
"The contractor warrants the contractor's workmanship and all materials used in the work and agrees that during the guarantee period specified, the contractor will, at the contractor's own expense, make all repairs that may become necessary by reason of improper workmanship or defective materials. The maintenance obligation, however, does not include repair of any damage resulting from any force or circumstance beyond the control of the contractor, nor is the contractor a guarantor of the plans and specifications furnished by the county.".
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-15. County and Contractor Responsibilities for System Repairs

Sec. 15. (a) If repairs to a system become necessary, the county must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the county may do the following:
(1) Make the repairs using the county's own employees or an independent contractor.
(2) Recover from the contractor and the contractor's sureties the reasonable cost of the repairs and the cost of the supervision and inspection of the repairs.
(b) At the expiration of the guarantee period, the county has sixty (60) days in which to notify the contractor of any necessary repairs.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-17. Assessment of Property on Which System Is Constructed; Effect of Mistake in Name of Owner

Sec. 17. (a) As soon as a contract for construction of a system has been completed, the works board shall have an assessment prepared for the property on which the system is constructed. The property on which the system is constructed is liable for assessment under this chapter.
(b) The assessment must include the following:
(1) The name of the owner of the property on which the system is constructed.
(2) A description of the property, or the key number or parcel number of the property.
(3) The total assessment, if any, against the property.
(c) A mistake in the name of the owner or the description of property does not void the assessment or lien against the property.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-18. Presumptions With Respect to Assessment; Assessment Notice to Property Owner

Sec. 18. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land:
(1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land.
(2) The assessment is the final and conclusive assessment unless the assessment:
(A) exceeds the engineer's estimate under section 8 of this chapter; and
(B) is challenged under section 19 of this chapter.
(b) Immediately after the assessment roll is completed and filed, the works board shall notify in writing the owner of the property on which the system is constructed:
(1) of the assessment amount;
(2) that the basis of the assessment amount is on file and may be inspected at the works board's office; and
(3) of the time and date before which an objection must be filed with the works board.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-19. Works Board Hearing and Decision on Objection to Assessment

Sec. 19. (a) If an objection is filed before the time prescribed in section 18 of this chapter, the works board shall set a hearing.
(b) After the hearing, the works board shall sustain or modify the assessment by confirming, increasing, or reducing the presumptive assessment. The works board's decision must be based on the works board's findings concerning the special benefits that the property has received or will receive on account of construction of the system.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-21. Delivery of Completed Assessment to County Auditor; Assessment to Show Amount Due

Sec. 21. (a) The works board shall deliver a certified copy of the completed assessment to the county auditor after the works board:
(1) approves and accepts the entire work under any contract; and
(2) allows a final estimate.
(b) The duplicate assessment, to be known as the primary assessment, must show the amount due if paid in cash within the time limit.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-22. County Auditor Notice of Assessment to Affected Person; Installment Payments

Sec. 22. (a) Upon receipt of the primary assessment, the county auditor shall by mail notify the affected person of the amount of the assessment against the person's property.
(b) The notice must state the following:
(1) That the amount is due not later than thirty (30) days after the approval of the assessment by the works board.
(2) That a person who desires to pay the person's assessment by installments must enter into a written agreement under subsection (c) before the due date.
(c) A person who desires to pay the person's assessment in twenty (20) equal semiannual installments must before the due date enter into a written agreement stating that in consideration of that privilege the person:
(1) will not make an objection to an illegality or irregularity regarding the assessment against the person's property; and
(2) will pay the assessment as required by law with specified interest.
(d) The agreement under subsection (c) shall be filed in the office of the county auditor. If a property owner elects to pay the property owner's assessments in installments, the assessment shall be entered for collection on the duplicate, shall have the same priority and rights, and shall be collected in the same manner as other taxes.
(e) The interest rate for the installments of the assessment is the interest rate established in IC 6-1.1-37-9.
(f) An assessment of less than one hundred dollars ($100) may not be paid in installments.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-23. Assessment Due Date; Interest on Delinquent Assessment

Sec. 23. (a) The entire assessment is payable in cash without interest not later than thirty (30) days after the approval of the assessment by the works board if an agreement has not been signed and filed under section 22 of this chapter.
(b) If the assessment is not paid when due, the total assessment becomes delinquent and bears interest at the rate prescribed by IC 6-1.1-37-9 per year from the date of the final acceptance of the completed system by the works board.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-24. County Auditor Receipt and Accounting for Assessment Payments; Use of Proceeds; Special Fund

Sec. 24. (a) The county auditor shall do the following:
(1) Receive the payment of assessment installments.
(2) Keep all accounts and give proper vouchers for the payment of assessment installments.
(b) Proceeds arising from assessments for the payment of a particular system may not be diverted to the payment of any other system.
(c) The proceeds from assessments for the payment of a particular system constitute a separate special fund.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-25. Assessment Installment Payments Due Upon Delinquency; Collection of Delinquent Installments

Sec. 25. Failure to pay an installment of principal or interest when the installment is due makes all installments of principal yet unpaid due and payable immediately, unless the unpaid installment of principal or interest is paid within the grace period provided. The county shall proceed to collect delinquent installments as delinquent taxes are collected.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 40. County Funding of Sewage Disposal Systems › 36-9-40-26. Supplementary Proceedings to Correct Defect or Irregularity in Contract

Sec. 26. If a defect or an irregularity results in the invalidity of a contract, an assessment, or a lien under this chapter, the defect or irregularity shall be corrected by supplementary proceedings that substantially comply with this chapter.
As added by P.L.7-2002, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-1. Application

Sec. 1. This chapter applies to the following:
(1) A public work project that will cost the political subdivision not more than two million dollars ($2,000,000).
(2) An eligible efficiency project that will cost not more than three million dollars ($3,000,000).
As added by P.L.81-2004, SEC.47. Amended by P.L.88-2009, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-1.5. "Eligible Efficiency Project"

Sec. 1.5. As used in this chapter, "eligible efficiency project" means:
(1) a project necessary or useful to carrying out an interlocal cooperation agreement entered into by two (2) or more political subdivisions or governmental entities under IC 36-1-7; or
(2) a project necessary or useful to the consolidation of local government services.
As added by P.L.88-2009, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-2. "Public Work"

Sec. 2. As used in this chapter, "public work" means a project for the construction of any public building, highway, street, alley, bridge, sewer, drain, or any other public facility that is paid for out of public funds.
As added by P.L.81-2004, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-3. Borrowing by Political Subdivision to Finance Public Work Project or Eligible Efficiency Project; Notice; Constitutional Debt Limitation

Sec. 3. Notwithstanding any other statute, a political subdivision may borrow the money necessary to finance:
(1) a public work project; or
(2) an eligible efficiency project;
from a financial institution in Indiana by executing a negotiable note under section 4 of this chapter. The political subdivision shall provide notice of its determination to issue the note under IC 5-3-1. Money borrowed under this chapter is chargeable against the political subdivision's constitutional debt limitation.
As added by P.L.81-2004, SEC.47. Amended by P.L.88-2009, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-4. Terms of the Note

Sec. 4. A political subdivision borrowing money under section 3 of this chapter shall execute and deliver to the financial institution the negotiable note of the political subdivision for the sum borrowed. The note must bear interest, with both principal and interest payable in equal or approximately equal installments over a period not exceeding ten (10) years.
As added by P.L.81-2004, SEC.47. Amended by P.L.182-2009(ss), SEC.453; P.L.164-2019, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-5. Payments

Sec. 5. (a) The political subdivision shall appropriate an amount for and levy a tax each year sufficient to pay the political subdivision's obligation under the note according to its terms.
(b) An obligation of a political subdivision under a note executed under this chapter is a valid and binding obligation of the political subdivision, notwithstanding any tax limitation, debt limitation, bonding limitation, borrowing limitation, or other statute to the contrary.
As added by P.L.81-2004, SEC.47. Amended by P.L.164-2019, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-6. Taxpayer Objections

Sec. 6. If a political subdivision gives notice under section 3 of this chapter of its determination that money should be borrowed under this chapter, not less than ten (10) taxpayers in the political subdivision who disagree with the determination may file a petition in the office of the county auditor not more than thirty (30) days after notice of the determination is given. The petition must state the taxpayers' objections and the reasons why the taxpayers believe the borrowing to be unnecessary or unwise.
As added by P.L.81-2004, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-7. Department of Local Government Finance Proceedings

Sec. 7. (a) Upon receiving a petition under section 6 of this chapter, the county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for a hearing on the matter.
(b) The hearing shall be held not less than five (5) and not more than thirty (30) days after the department's receipt of the certified petition, and may be held in the county where the petition arose or through electronic means.
(c) The department of local government finance shall give notice of the hearing by letter to the political subdivision and to the first ten (10) taxpayer petitioners listed on the petition. A copy of the letter shall be sent to each of the first ten (10) taxpayer petitioners at the taxpayer's usual place of residence at least five (5) days before the date of the hearing. In addition, public notice shall be published at least five (5) days before the date of the hearing under IC 5-3-1.
(d) After the hearing under subsection (c), the department of local government shall issue a final determination concerning the petition.
As added by P.L.81-2004, SEC.47. Amended by P.L.38-2021, SEC.103.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 41. Financing of Public Work Projects by Political Subdivisions › 36-9-41-8. Judicial Review

Sec. 8. A:
(1) taxpayer who signed a petition filed under section 6 of this chapter; or
(2) political subdivision against which a petition is filed under section 6 of this chapter;
may petition the tax court established by IC 33-3-5-1 for judicial review of the final determination of the department of local government finance on the taxpayers' petition. The petition for judicial review must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination.
As added by P.L.81-2004, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42. Utility Relocations › 36-9-42-1. "Cost of Relocation"

Sec. 1. As used in this chapter, "cost of relocation" has the meaning set forth in IC 8-1-9-2(b).
As added by P.L.79-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42. Utility Relocations › 36-9-42-3. "Improvement Project"

Sec. 3. As used in this chapter, "improvement project" means a project undertaken by a unit that involves:
(1) a highway, street, or road that is under the jurisdiction of the unit; and
(2) the relocation of a facility.
As added by P.L.79-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42. Utility Relocations › 36-9-42-6. Designation of Major Project; Identification of Facilities; Notice to Utilities

Sec. 6. (a) A unit may designate an improvement project as a major project. The unit shall consider the scope, complexity, and duration of the project in making the designation.
(b) Before undertaking a major project, a unit shall make a reasonable effort to do the following:
(1) Identify each facility located in a public right of way within the geographical limits of the major project by:
(A) investigating field conditions; and
(B) reviewing base map data that is:
(i) maintained and updated by the association (as defined in IC 8-1-26-3) under IC 8-1-26-17(c); and
(ii) made available by the association to the unit.
(2) Notify each utility that owns a facility identified under subdivision (1) of the major project and the need, if any, to relocate the facility.
As added by P.L.79-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42. Utility Relocations › 36-9-42-7. Facility Relocation Agreement

Sec. 7. A unit may enter into an agreement with a utility described in section 6(b)(2) of this chapter concerning the relocation of the facility. The agreement must include the following:
(1) A date certain by which the utility agrees to relocate the facility.
(2) Conditions under which the utility is excused from relocating the facility by the date described in subdivision (1), including the following:
(A) The facility relocation was affected by:
(i) significantly differing site conditions;
(ii) unexpected impacts of other utilities; or
(iii) a force majeure event.
(B) Severe weather, delays in acquiring a relocation area, or other factors beyond the control of the utility.
(3) Conditions under which the unit must notify the utility of cancellations, delays, or changes related to the major project.
As added by P.L.79-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42. Utility Relocations › 36-9-42-8. Payment of Relocation Costs by Unit

Sec. 8. If, as part of an improvement project, a unit is responsible for relocation costs, the unit shall pay the relocation costs in arrears in accordance with accounting procedures established by the state board of accounts.
As added by P.L.79-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42. Utility Relocations › 36-9-42-9. Use of Public Right of Way

Sec. 9. This chapter does not limit or alter the authority of the Indiana utility regulatory commission under IC 8-1-2-101 to review a unit's determination, or the rights and duties of affected parties, with respect to use of a public right of way as set forth in IC 8-1-2-101.
As added by P.L.79-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-2. "Eligible Entity"

Sec. 2. As used in this chapter, "eligible entity" means any entity eligible to receive, directly or indirectly, federal funds through the state or a metropolitan planning organization or otherwise.
As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.91.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-2.5. "Exchanged Funds"

Sec. 2.5. As used in this chapter, "exchanged funds" means the part of the local share exchanged for state dollars in accordance with section 6(b) of this chapter.
As added by P.L.218-2017, SEC.92.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-3. "Federal Funds"

Sec. 3. As used in this chapter, "federal funds" means the total amount of federal transportation funds provided by the federal government to the state.
As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.93.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-3.3. "Local Share"

Sec. 3.3. As used in this chapter, "local share" means twenty-five percent (25%) of the federal funds received by the state in a year.
As added by P.L.218-2017, SEC.94.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-3.5. "Metropolitan Planning Organization"

Sec. 3.5. As used in this chapter, "metropolitan planning organization" means a federally mandated transportation policy making organization that:
(1) is designated to serve a particular transportation planning area within the state; and
(2) receives, directly or indirectly, federal funds.
As added by P.L.218-2017, SEC.95.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-4.5. "Transportation Asset Management Plan"

Sec. 4.5. As used in this chapter, "transportation asset management plan" has the meaning set forth in IC 8-23-30-1(4).
As added by P.L.218-2017, SEC.96.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-5. Program Established

Sec. 5. The federal fund exchange program is established to provide eligible entities and the department with greater flexibility in funding transportation projects. The department shall administer the program as follows:
(1) Exchanged funds awarded to an eligible entity may be carried over for up to three (3) years at the discretion of the department or the metropolitan planning organization, whichever is applicable.
(2) Exchanged funds may be expended for any transportation purpose allowable under federal law.
(3) Exchanged funds may be expended on any phase of a project, including:
(A) periodic project oversight services;
(B) construction inspection services; and
(C) reimbursement for items that were conducted before the application or request for exchanged funds or before the award of exchanged funds.
(4) A recipient of exchanged funds must provide a twenty percent (20%) local match payable by any available revenue source, except as provided by federal law. Awards shall be made by the department or metropolitan planning organization, whichever is applicable, in an amount that is twenty percent (20%) less than the total cost of the project to accomplish the required match.
(5) After the initial award of exchanged funds for a project and before the department's closeout of the project, an eligible entity may apply to the department or metropolitan planning organization, whichever is applicable, to be awarded additional exchanged funds as considered necessary to pay for project change orders.
(6) All contracts for professional services paid for with exchanged funds must be made on the basis of competence and qualifications for the type of services to be performed and compensation shall be negotiated as the eligible entity determines to be reasonable after its selection of a consultant or consultants.
(7) Professional services must be performed by an entity that is prequalified by the department.
(8) The department's design manual must provide guidance for projects funded with exchanged funds. However, exceptions to the design manual guidance are permitted at the discretion of the eligible entity.
As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.97.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-6. Local Share; Calculation; Allocation

Sec. 6. (a) Not later than fifteen (15) days after receiving information from the federal government regarding the state's distribution of federal funds, the department shall calculate the local share for that year and notify the budget agency of the amount.
(b) After approval by the budget director, the department may exchange up to one hundred percent (100%) of the local share for state dollars.
(c) The department shall allocate the exchanged funds for the following purposes:
(1) To be distributed to eligible entities for projects under the program in accordance with federal law regarding distributions between areas within a metropolitan planning organization and areas not within a metropolitan planning organization.
(2) To be available for direct distribution to eligible entities for projects or annual services including, but not limited to, federally required bridge inspections.
(d) The department may allocate additional state funds to the program at any time. In making its determination the department shall consider whether additional state funds are available for the program without putting at risk other transportation activities or projects needing state funds.
As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-7. Application; Award Criteria

Sec. 7. (a) An eligible entity may apply to the department or to a metropolitan planning organization to receive exchanged funds if:
(1) the project:
(A) is eligible under federal law; or
(B) is part of a transportation asset management plan approved by the department; and
(2) using any available revenue source, the eligible entity commits to a local match of twenty percent (20%), or a match consistent with federal law, of the amount of the exchanged funds the eligible entity is requesting to receive.
(b) The department shall consider the following before awarding exchanged funds to an eligible entity:
(1) The amount of exchanged funds the eligible entity has requested.
(2) A brief description of each project the eligible entity wants to fund, including the estimated cost of the project.
(3) The benefit to a project described in subdivision (2) in receiving exchanged funds due to the project's size, type, location, or other features.
(4) The nature of the project and whether it has an economic significance for the region in which the eligible entity is located.
(5) Whether or not the eligible entity wishes to carry over its award of exchanged funds to the following year.
As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.99.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-9. Report to General Assembly

Sec. 9. Not later than November 1 of each year, the department shall submit a report on the program to the general assembly in an electronic format under IC 5-14-6. A report submitted under this section must include:
(1) a summary of the awarded exchanged funds to eligible entities during the previous state fiscal year; and
(2) a status report on the implementation of projects funded through the program.
As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.102.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-10. Compliance With Applicable Laws

Sec. 10. Applicable public purchasing laws and competitive bidding requirements must be complied with for projects funded through the program.
As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.103.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 42.2. Federal Fund Exchange Program › 36-9-42.2-11. Adoption of Rules or Guidelines

Sec. 11. The department may adopt rules under IC 4-22-2 or guidelines, or both, to implement this chapter.
As added by P.L.141-2013, SEC.1. Amended by P.L.218-2017, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-1. "Development Board"

Sec. 1. As used in this chapter, "development board" means the following:
(1) In the case of a regional development authority established under IC 36-7.5, the governing body of the regional development authority appointed under IC 36-7.5-2-3.
(2) In the case of a regional development authority established under IC 36-7.6, the governing body of the regional development authority appointed under IC 36-7.6-2-3.
As added by P.L.229-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-2. "Regional Development Authority"

Sec. 2. As used in this chapter, "regional development authority" includes both:
(1) the northwest Indiana regional development authority established by IC 36-7.5-2-1; and
(2) a regional development authority established under IC 36-7.6-2-3.
As added by P.L.229-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-3. "Regional Transportation Infrastructure Project"

Sec. 3. As used in this chapter, "regional transportation infrastructure project" means a project for the construction, reconstruction, rehabilitation, extension, or completion of:
(1) highways (including a state highway or bypass or an interstate highway or bypass), roads, streets, bridges, overpasses, interchanges, ramps, or access roads or service roads;
(2) rail lines, rail spurs, and sidings;
(3) airports, including runways, hangars, and other airport facilities; and
(4) a rail project as defined in IC 36-7.5-1-13.5;
within a county or municipality participating in a regional development authority.
As added by P.L.229-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-4. "Supplemental Funding Agreement"

Sec. 4. As used in this chapter, "supplemental funding agreement" refers to a supplemental funding agreement entered into under section 8 of this chapter between:
(1) a regional development authority; and
(2) the Indiana department of transportation or a political subdivision.
As added by P.L.229-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-5. Scope of Powers

Sec. 5. The powers granted to a regional development authority under this chapter are in addition to any powers granted to the regional development authority under IC 36-7.5 or IC 36-7.6.
As added by P.L.229-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-6. Powers

Sec. 6. (a) A regional development authority may do the following:
(1) Apply for federal funds from any of the following:
(A) A federal grant award under 23 U.S.C. 117 for nationally significant freight and highway projects (commonly known as "FASTLANE" grants).
(B) A federal grant award that is authorized to be made directly to the authority under any other federal grant program with a transportation infrastructure component.
(2) Negotiate the terms of and enter into a supplemental funding agreement with the Indiana department of transportation or a political subdivision. Negotiation under this subsection may include the execution of a preliminary memorandum of understanding.
(3) Issue bonds or enter into leases as provided in IC 36-7.5 or IC 36-7.6 (as appropriate) for the purposes set forth in this chapter.
(b) A regional development authority may do all acts or things necessary or proper to carry out this chapter.
As added by P.L.229-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-7. Financing, Funding, and Planning for Regional Transportation Infrastructure Projects

Sec. 7. (a) In coordination with the Indiana department of transportation, a regional development authority may finance and plan regional transportation infrastructure projects or provide funding for these regional transportation infrastructure projects.
(b) To the extent required by federal law, a regional development authority that undertakes a highway project under this section shall comply with the laws, rules, and regulations applicable for the expenditure of federal money received from:
(1) the Highway Trust Fund (23 U.S.C.); or
(2) any other federal fund or program;
for projects within Indiana and within the boundaries of the regional development authority.
(c) If the proposed location of a regional transportation infrastructure project funded with a federal grant described in section 6 of this chapter is within the boundaries of a metropolitan planning commission, the regional development authority must first consult with the metropolitan planning commission before applying for the federal grant.
As added by P.L.229-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-8. Ability to Enter Into a Supplemental Funding Agreement With Indiana Department of Transportation or Political Subdivision; Provisions of an Agreement

Sec. 8. (a) The development board of a regional development authority may negotiate and enter into a supplemental funding agreement with the Indiana department of transportation or a political subdivision to contribute local matching funds to the Indiana department of transportation or political subdivision, to be used by the Indiana department of transportation or the political subdivision to pay a part or all of the nonfederal share of the costs necessary to carry out a regional transportation infrastructure project, including the construction or reconstruction of a state highway or bypass or an interstate highway in a manner that will increase an existing state highway's traffic capacity within the boundaries of the counties participating in the regional development authority.
(b) A supplemental funding agreement must contain at least the following provisions:
(1) The Indiana department of transportation or the political subdivision must commit to using money it receives under a supplemental funding agreement only for projects located within a county or municipality participating in the regional development authority.
(2) The source of the money committed and pledged by a regional developmental authority for local funding under a supplemental funding agreement shall be from funds provided to the regional development authority under section 9 of this chapter or from other funds provided to the regional development authority for purposes of this chapter.
(3) The supplemental funding agreement must be signed by all members of the regional development authority and the Indiana department of transportation.
(4) The regional development authority must agree to be responsible to pay all cost increases or change orders associated with the project or projects using eligible local funding sources.
(5) The Indiana department of transportation shall treat and prosecute all projects in the same manner as other federal-aid projects or local federal-aid projects, and shall let projects in accordance with its usual procedures.
(6) For projects involving federal-aid funds, land acquisition activities, if any, must be completed in accordance with all applicable federal laws and regulations. The Indiana department of transportation is responsible for acquiring any real property needed for regional transportation infrastructure projects on state highways.
(c) The Indiana department of transportation may establish a cap on contributions to local matching funds under this section. If the department establishes a cap, the cap may be aggregated to reflect the number of members, including cities and counties, of the regional development authority applying for matching funds.
As added by P.L.229-2017, SEC.43. Amended by P.L.86-2018, SEC.352.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 43. Regional Funding of Transportation Infrastructure Projects › 36-9-43-9. Regional Development Authority Infrastructure Fund; Establishment; Administration; Uses; Supplemental Funding for Regional Transportation Infrastructure Projects

Sec. 9. (a) This section applies only to a regional development authority created or established after June 30, 2017.
(b) The Indiana finance authority shall create the regional development authority infrastructure fund for the purpose of allowing a regional development authority to finance or contribute to the financing of regional transportation infrastructure projects.
(c) The fund is administered by the Indiana finance authority. The Indiana finance authority shall create an account within the fund for each regional development authority established under IC 36-7.5 or IC 36-7.6.
(d) A person, including a political subdivision, may make a contribution or gift to the fund. Any expenditure from the account must be approved by the regional development authority that holds the account within the fund and must be expended for regional transportation infrastructure projects in cooperation with the Indiana department of transportation.
(e) An expenditure from the fund may be used to supplement financing from the Indiana department of transportation for regional transportation infrastructure projects.
(f) The Indiana finance authority shall invest money from the fund in one (1) or more fiduciary accounts with a trustee that is a financial institution. A trustee may make an investment under this subsection in accordance with a trust agreement or indenture and may permit disbursements by the trustee to:
(1) the Indiana finance authority;
(2) the Indiana department of transportation;
(3) the state budget agency; or
(4) any other person provided for in the trust agreement or indenture.
(g) Interest or other income earned on money in the fund becomes part of the fund.
(h) Expenses incurred in the administration of the fund are to be paid from the fund.
(i) A person who makes a contribution or gift to the fund is entitled to a deduction from the taxpayer's adjusted gross income for the taxable year under IC 6-3-2-26.
As added by P.L.229-2017, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 1. Definitions › 36-10-1-1. Application of Chapter

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.5. Amended by Acts 1981, P.L.309, SEC.107.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 1. Definitions › 36-10-1-2. "Park Purposes"

Sec. 2. "Park purposes" include the establishment, equipment, and operation of parks, boulevards, pleasure drives, parkways, wheelways, park boulevards, bridlepaths, playgrounds, playfields, bathhouses, comfort stations, swimming pools, community centers, recreation centers, other recreational facilities, and recreational programs.
[Pre-Local Government Recodification Citations: 19-7-30-8 part; Part new.]
As added by Acts 1981, P.L.309, SEC.108.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 1. Definitions › 36-10-1-3. "Public Way"

Sec. 3. "Public way" includes highway, street, avenue, boulevard, road, lane, or alley.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.109.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 1. Definitions › 36-10-1-4. "Capital Improvement"

Sec. 4. "Capital improvement" means the building, facilities, or improvements that a capital improvement board determines will be of general public benefit or welfare and will promote the cultural, recreational, public, or civic well-being of the community, including a convention center. This includes the land comprising the site, equipment, heating and air-conditioning facilities, sewage disposal facilities, landscaping, walks, drives, parking facilities, and other structures, facilities, appurtenances, materials, and supplies that are necessary to make any building, facility, or improvement suitable for the use for which it was constructed.
As added by Acts 1982, P.L.218, SEC.1. Amended by P.L.82-1985, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 1. Definitions › 36-10-1-5. "Convention Center"

Sec. 5. "Convention center" means a building or buildings containing facilities for meetings, conventions, commencements, convocations, sporting events, entertainment spectaculars, product displays, or other displays of industrial or cultural value, which facilities may be used for cultural, governmental, educational, recreational, exhibition, or civic purposes. The term also includes the site, landscaping, parking, site improvement, and provision of related services incidental to these purposes.
As added by Acts 1982, P.L.218, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 2. General Powers Concerning Recreation, Culture, and Community Facilities › 36-10-2-1. Application of Chapter

Sec. 1. This chapter applies to all units except townships.
[Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]
As added by Acts 1980, P.L.211, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 2. General Powers Concerning Recreation, Culture, and Community Facilities › 36-10-2-2. Recreation Facilities and Programs

Sec. 2. A unit may establish, aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs.
[Pre-Local Government Recodification Citations: 18-1-1.5-14(a); 18-3-1-46 part; 18-4-2-8 part.]
As added by Acts 1980, P.L.211, SEC.5.