reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-21. Construction of Sewage Works; Award of Damages for Taking of Property; Notification of Owners

Sec. 21. (a) After completion of the list, the board shall consider, determine, and award the damages sustained by the owners of the parcels of land or rights-of-way required to be taken and appropriated or that will be injuriously affected. When the awards are completed, the board shall have a written notice served upon the owner of each piece of property, showing the amount of the award, by leaving a copy at the owner's last usual place of residence in the municipality or county or by delivering the copy to the owner personally.
(b) If the person is a nonresident, or if the person's residence is unknown, the person shall be notified by publication in accordance with IC 5-3-1. The notice must name a date on which the board shall receive or hear remonstrances from persons regarding the amount of their respective awards of damages. Persons not included in the lists of awards, but claiming to be entitled to them, are considered to have been notified of the pendency of the proceedings by the original notice of the resolution of the board as provided in section 18 of this chapter.
[Pre-Local Government Recodification Citation: 19-2-14-13.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.69; P.L.127-2017, SEC.322.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-22. Construction of Sewage Works; Condemnation Awards; Mentally Incompetent Persons

Sec. 22. (a) If a person having an interest in land affected by the proceedings is mentally incompetent or under eighteen (18) years of age, the board shall certify that fact to its attorney.
(b) The attorney shall apply to the proper court and secure the appointment of a guardian for that person. The board shall then give notice to the guardian, who shall appear and protect the interest of the protected person. However, if the mentally incompetent person or person under eighteen (18) years of age already has a guardian, the notice may be served upon that guardian. The requisites of notice to the guardian are the same as for other notices.
(c) If there are defects or irregularities in the proceedings with respect to one (1) or more interested persons, they do not affect the proceedings unless they touch the interests or property of the person or persons and do not affect any other person. If a defect does exist, supplementary proceedings may be had in order to supply them.
[Pre-Local Government Recodification Citation: 19-2-14-14.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.33-1989, SEC.128.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-23. Construction of Sewage Works; Condemnation Awards; Remonstrances; Hearings

Sec. 23. (a) A person notified or considered to be notified under the preceding sections of this chapter may appear before the board on the day fixed for hearing remonstrances regarding awards and remonstrate in writing against them. All persons appearing before the board who have an interest in land or rights-of-way to be appropriated or injuriously affected must be given a hearing.
(b) After the remonstrances have been received and the hearing held, the board shall either sustain the awards or modify the awards by increasing or decreasing them.
(c) A person remonstrating in writing who is aggrieved by the decision of the board may, within ten (10) days after the decision, take an appeal to the circuit or superior court in the county in which the municipality is located. The appeal affects only the amount of the award of the person appealing.
[Pre-Local Government Recodification Citation: 19-2-14-15.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-24. Construction of Sewage Works; Condemnation Awards; Appeals

Sec. 24. (a) An appeal may be taken by filing an original complaint in court against the board stating the action of the board regarding the award and stating the facts relied upon as showing an error on the part of the board. The court shall hear the matter of the award de novo and confirm, decrease, or increase the award. The cause shall be tried by the court without a jury as other civil cases are tried.
(b) All appeals shall be heard and determined by the court within thirty (30) days after the appeal is filed. The plaintiff in the appeal may recover costs only if the court increases the amount of damages awarded in favor of the property owner by ten percent (10%) or more.
[Pre-Local Government Recodification Citation: 19-2-14-16.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.317, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-25. Construction of Sewage Works; Manner of Payment of Damages for Taking of Property

Sec. 25. (a) The board shall, upon the completion of the award of damages or upon the determination of appeals taken, make out certificates for the proper amounts and in favor of the proper persons. Upon the presentation of the certificate to the municipal fiscal officer, the person is entitled to the amount due out of the separate and specific fund derived from the sale of bonds provided in section 27 of this chapter. The payments may not be made from other sources or funds.
(b) Certificates or vouchers shall, whenever practical, be actually tendered to the person entitled to them. If this is impractical, they shall be kept for the persons in the office of the board. The making and filing of the certificates constitute valid and effectual tender to the person entitled to them at the time or as soon as there is sufficient money to pay them. They shall be delivered to the entitled person on request.
(c) In case of dispute or doubt as to which person is entitled to the money, the board shall make out the certificate in favor of the attorney appointed by the board for the use of persons entitled to it. The attorney shall then draw the money and pay it into the court in a proceeding requiring the various claimants to interplead and have their respective rights determined.
(d) If an injunction is obtained because damages have not been paid or tendered, the board may tender the certificate for the amount with interest from the time of entry upon the property if entry has been made, plus all accrued costs. The injunction shall then be disposed of, if there is sufficient money to pay the certificate. The pendency of an appeal as provided in section 24 of this chapter does not affect the validity of a tender made under this section, but the board may enter upon and take possession of the property in question.
[Pre-Local Government Recodification Citation: 19-2-14-17.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.323.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-28. Deposit and Use of Funds

Sec. 28. (a) All proceeds from the sale of bonds under section 27 of this chapter shall be kept as a separate and specific fund to pay the cost of land, rights-of-way, and other property acquired and for construction under the resolution, including all costs and expenses incurred in connection with the project. The proceeds may not be used for any other purpose. The proceeds shall be deposited at interest with the depository or depositories of other public funds of the municipality, and all interest collected on them belongs to the fund. Any surplus of funds remaining out of the proceeds after all expenses are paid shall be paid into and becomes a part of the sanitary district bond fund.
(b) Money derived from sources other than the sale of bonds, such as state or federal reimbursement grants, matching funds, or other contributions, including money derived from a project financed from bond monies, shall be deposited in:
(1) the sanitary district bond fund;
(2) the sanitary maintenance and general expense fund; or
(3) a separate fund established by the board for extensions, additions, and improvements to the sewage works of the district.
The money may be expended as other money is expended by the board.
[Pre-Local Government Recodification Citations: 19-2-14-20; 19-2-20-9.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-29. Construction of Sewage Works; Payment of Bonds; Tax Levy; Use of Revenues in Lieu of Levy

Sec. 29. (a) In order to raise money to pay all bonds issued under section 27 of this chapter, including interest, and except as set forth in subsection (c), the board shall levy each year a special tax upon all the property of the district, to meet and pay the principal of the bonds as they mature, together with all accrued interest. The board shall have the tax levied each year certified to the municipal fiscal officer and to the auditor of the county in which the district is located by October 1. The tax as levied and certified shall be estimated and entered upon the tax duplicate by the county auditor. The tax shall be collected and enforced by the county treasurer in the same manner as state and county taxes are estimated, entered, collected, and enforced.
(b) As the tax is collected by the county treasurer, it shall be accumulated and kept in a separate fund to be known as the sanitary district bond fund. It shall be applied to the payment of the bonds and interest as they mature and not to another purpose. All accumulations of the fund before their use for the payment of the bonds and interest shall be deposited with the depository or depositories of other public funds in the municipality. The fund may also be invested as other funds are invested. In determining the amount of levy necessary for this section, the board shall consider the amount of revenue, if any, to be derived from the collection of fees for sewage treatment service above the amount of revenues necessary to be applied to the operation, maintenance, and administrative expenses of the district.
(c) In lieu of making a levy under this section, or to reduce the amount of the levy, the board may set aside, by resolution, the revenues of the district to be collected before the maturity of the principal and interest of the bonds payable in the following calendar year. If the board adopts the resolution, then the board may not use any part of the amount set aside out of the revenues for any purpose other than the payment of the bonds and interest. A proportionate payment of the amount shall be made to the bond fund monthly.
[Pre-Local Government Recodification Citation: 19-2-14-21.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.80-1997, SEC.21.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-30. Construction of Sewers, Drains, or Appurtenances; Procedure

Sec. 30. (a) If the board finds it necessary to build, alter, or repair a sewer, drain, or appurtenance used in connection with sewage works in a public way or other public place in the district or a highway outside its boundaries, it shall file with the works board of the municipality, or the executive of the county in which the municipality is located, a petition and a map showing the route of the sewer or drain or the location of the structure or appurtenance proposed to be built, altered, or repaired, including the part of the public way or other public place to be used in the work. That body shall then adopt a resolution granting the board the right to use the public way or other public place.
(b) If the board shows in the petition that it is necessary to open or vacate a public way or public place, the appropriate body shall promptly begin the proceedings necessary for the opening or vacation. Within a reasonable time after the completion of the work, the board shall restore the surface of a public way or public place to the same condition that it was in before the performance of the work.
(c) If the land on which it is necessary to build, alter, or repair a sewer, drain, structure, or appurtenance in connection with the sewage works is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the body appropriating it, the public use or prior condemnation does not bar the board from condemning the use of the land for purposes in connection with the sewage works. However, the use by the board does not permanently prevent the use of the land for the public use or by the body condemning or appropriating the land. In addition, in a proceeding prosecuted by the board to condemn the use of the land for purposes permitted by this chapter, the burden is upon the board to show that its proposed use will not permanently interfere with the continued public use of the land or by the body condemning it, including its successors.
[Pre-Local Government Recodification Citation: 19-2-14-22.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-31. Payment of General Expenses; Special Tax Levy for Payment of Bonds

Sec. 31. To provide money to pay for general expenses of the board not chargeable to the cost of any property acquired or work done under a resolution of the board for which bonds of the district are issued, the board may issue the bonds of the district in an aggregate amount not to exceed two percent (2%) of the adjusted value of the taxable property within the district as determined under IC 36-1-15. The bonds are payable from a special tax, which the board shall levy annually at the rate required to finance the bonds. The tax shall be levied, collected, and expended according to section 32 of this chapter.
[Pre-Local Government Recodification Citation: 19-2-26-1.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.6-1997, SEC.224.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-32. General Expenses and Operation of Sewage Works; Tax Levy; Procedure; Loans

Sec. 32. (a) To provide money to pay:
(1) all general expenses of the board, including salaries of officers and employees, fees and expenses for professional services, and other items of expense not chargeable to the cost of property acquisition or work done under a resolution of the board for which bonds of the district are issued; and
(2) for the operation, maintenance, and repair of sewage works, including the cost of the collection and removal of garbage and ashes;
a tax on all the taxable property in the district, at the rate required to provide the money needed to defray all expenses, shall be levied annually by the board.
(b) The county auditor shall estimate the taxes and enter them upon the tax duplicate, and the county treasurer shall collect and enforce the taxes in the same manner as state and county taxes are estimated, entered, collected, and enforced. The county treasurer shall, by the tenth day of each month, notify the board of the amount of taxes collected during the preceding month and shall credit a fund to be known as the sanitary maintenance and general expense fund with that amount. The fund may not be used for a purpose other than one stated in this section. The board has complete and exclusive authority to expend on behalf of the district all money thus realized. Warrants for the expenditures shall be drawn by the municipal fiscal officer upon vouchers of the board.
(c) The board may, by resolution, make:
(1) temporary loans in anticipation of taxes actually levied under this section; or
(2) emergency loans for the expenditure of any sums not provided for in the current levy of the board, for which a levy shall then be made in the next annual budget of the board.
The loans mature and shall be paid within one (1) year after the date the loan is made and may bear interest at any rate payable at the maturity of the loan. The warrants or other evidence of the loans may not be sold for less than par. Before making the loan, notice of the time, place, amount, and terms of the loan shall be given by publication in accordance with IC 5-3-1. The warrants carry no personal obligation for their payment and are payable only out of the tax levied.
[Pre-Local Government Recodification Citation: 19-2-14-23 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.72; Acts 1982, P.L.77, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-33. Disposition of Surplus Funds; Funds Belonging to Sanitary Districts

Sec. 33. (a) All money remaining in a fund to the credit of the board at the end of the calendar year belongs to the fund for use by the board for the purposes for which the fund was created. In addition, all money raised under this section shall be deposited at interest with the depository of other public funds of the municipality, with all interest collected on the fund belonging to the fund.
(b) Notwithstanding the provisions of any other statute, money collected for or belonging to a sanitary district belongs to the sanitary district, and not to any city or town in the sanitary district. This money shall be deposited in an interest bearing account, and all interest earned from this deposit shall belong to the sanitary district. If no statutory provision exists to require the crediting or deposit of this interest to a specific fund of the sanitary district, the interest shall be deposited in the sanitary district's sanitary maintenance and general expense fund.
(c) Notwithstanding subsections (a) through (b), money may be transferred from the fund as provided in IC 36-1-8-4.
[Pre-Local Government Recodification Citation: 19-2-14-23 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.318, SEC.1; P.L.57-1991, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-34. Deposit and Use of Fees; Revolving Fund for Payment of Preliminary Expenses

Sec. 34. (a) All revenues derived from the collection of fees for sewage treatment become a part of the sanitary maintenance and general expense fund established under section 32 of this chapter and shall be deposited, held, and used as provided in that section, except any part that the board sets aside in the sanitary district bond fund established under section 29 of this chapter or the sinking fund established under section 41 of this chapter.
(b) The board may appropriate and set aside from the sanitary maintenance and general expense fund an amount of money to be used as a revolving fund for the payment of necessary preliminary expenses incurred by the board in connection with proposed projects, such as making surveys, estimating cost, employing engineers and other employees, preparing plans and specifications, and all other expenses to be paid before the issuance and sale of bonds under section 27 of this chapter.
(c) The revolving fund shall be fully repaid by the board out of the first proceeds of the sale of bonds to the extent that the expenses paid are chargeable to the cost of acquiring land or construction under a resolution adopted and confirmed under section 18 of this chapter. The appropriations to the revolving fund shall be made in accordance with statutes governing appropriations by municipal corporations, but it is not necessary to appropriate the money set aside in the revolving fund before making expenditures from it.
[Pre-Local Government Recodification Citations: 19-2-14-25; 19-2-20-9.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.80-1997, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-35. Payment of Contracts, Condemnation Awards, etc.; Retention of Portion of Contract Payments

Sec. 35. (a) From the sanitary district bond fund and not from any other source, the board shall pay to the appropriate parties the amounts respectively due them for land, rights-of-way, or other property taken or purchased or for work done by contract or otherwise. If all or part of the land, rights-of-way, or other property is secured by purchase or contract, payment shall be made according to the terms of the contract. If property is taken by condemnation under this chapter, the amount of damages assessed shall be paid within ninety (90) days after the final determination of the condemnation proceedings or as soon after that as the fund from the bonds is available. The title to the land, rights-of-way, or other property or that part paid for or otherwise acquired for that purpose then vests in the municipality in the manner, to the extent, for the purpose, and subject to the limitations of this chapter.
(b) The board shall order that payments from the funds be made to contractors in the amounts and at the times they determine. The board may retain a part of the amount otherwise due the contractor. The amount that may be retained by the board is as follows:
(1) Until work is fifty percent (50%) complete, not more than ten percent (10%) of the payment claimed.
(2) When work is fifty percent (50%) complete, five percent (5%) of the value of all work satisfactorily completed to date, as long as the contractor is making satisfactory progress and there is no specific cause for greater withholding.
(3) When the work is substantially complete (operational or beneficially occupied), an amount below five percent (5%) that is necessary to assure completion.
[Pre-Local Government Recodification Citation: 19-2-14-26.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-36. Property Acquisitions; Filing and Recording Requirements

Sec. 36. Within sixty (60) days after land or a right in it is paid for and acquired under this chapter, the board shall file and have recorded in the recorder's office in the county in which the land is located a description of it sufficiently accurate for its identification, together with a statement of the purpose for which it is acquired or taken signed by a majority of the board members.
[Pre-Local Government Recodification Citation: 19-2-14-27.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-37. Authority to Expend Money; Warrants and Vouchers

Sec. 37. Money raised under this chapter may be expended only upon warrants drawn by the municipal fiscal officer upon vouchers of the board. An appropriation is not necessary, but all money raised under this chapter is considered appropriated to the respective purposes stated and is under the control of the board. The board has complete and exclusive authority to expend the money for the purposes provided.
[Pre-Local Government Recodification Citation: 19-2-14-28.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-38. Construction of Sewers Connecting With Sewage Works

Sec. 38. After the erection and completion of sewage works under this chapter, any municipality within the boundaries of the district shall construct and maintain sewers so that they directly or indirectly convey all sewage and drainage matter into the sewage works.
[Pre-Local Government Recodification Citation: 19-2-14-29.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-39. Certain Departments; Temporary Loans in Anticipation of Funds

Sec. 39. (a) This section applies only to departments in a county having a population of:
(1) more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); or
(2) more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).
(b) The board may secure temporary loans in anticipation of revenues of the district actually levied and in the course of collection for the fiscal year in which loans are made. The loans must be authorized by a resolution of the board, and the securities evidencing them shall be issued and sold in the same manner as tax anticipation warrants by second class cities in anticipation of property tax revenues as provided in IC 36-4-6-20. The temporary loans shall be evidenced by time warrants of the district in terms designating the nature of the consideration, the time or times payable, the funds and revenues in anticipation of which the warrants are issued and out of which they are payable, and the place where they are payable upon presentation on or after the date of maturity. The interest accruing on the warrants to date of maturity shall be included in their face value. The resolution authorizing the issue of the temporary loans must appropriate and pledge a sufficient amount of the current revenues in anticipation of which the warrants are issued for their payment.
[Pre-Local Government Recodification Citation: 19-2-26-3.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.12-1992, SEC.185; P.L.119-2012, SEC.233; P.L.104-2022, SEC.215.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-40. Certain Districts; Exercise of Powers on Behalf of Second Class City Alone

Sec. 40. If the district of a department established under section 1(b) of this chapter includes territory of another municipality, the powers granted the board over local sewers and drains, solid waste collection, and collection of dead animals may be exercised for the use and benefit of the second class city alone as long as all of the direct and allocable costs of the service are paid from money raised solely from the property located within the city, from charges made to persons within the city, or both.
[Pre-Local Government Recodification Citation: 19-2-14-32 part.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-42. Financial Assistance to Certain Property Owners

Sec. 42. (a) The board may adopt a resolution authorizing the board to provide financial assistance, including grants, to property owners to construct or install regulating devices, improvements, or overhead plumbing or backflow prevention devices for one (1) or more of the following purposes:
(1) To regulate or prevent discharge into private dwellings.
(2) To prevent the pollution of streams or bodies of water.
(3) To reduce or ameliorate inflow and infiltration in sewage works.
(4) To remedy or prevent a menace to the public health and welfare.
(b) A resolution adopted by the board under subsection (a) must do the following:
(1) State that provided financial assistance as described in subsection (a) will accomplish one (1) or more of the purposes listed in subsection (a)(1) through (a)(4).
(2) State that the board anticipates that the costs associated with providing the financial assistance will be less than the financial burdens potentially incurred if the financial assistance is not provided.
(3) Find that providing financial assistance as described in subsection (a) is necessary to avoid or reduce additional financial burdens.
(4) Establish rules and regulations concerning financial assistance provided under subsection (a). A rule or regulation must provide that:
(A) a grant or other financial assistance provided by the board may not exceed eighty percent (80%); and
(B) the property owner that receives the financial assistance must pay for at least twenty percent (20%);
of the total anticipated cost of the project for which the financial assistance is provided.
As added by P.L.168-2009, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 26. Cumulative Building Fund for Municipal Sewers › 36-9-26-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities.
[Pre-Local Government Recodification Citation: 18-6-6-1 part.]
As added by Acts 1981, P.L.309, SEC.100.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 26. Cumulative Building Fund for Municipal Sewers › 36-9-26-2. Authority to Establish Fund; Purposes

Sec. 2. (a) A municipality may, by ordinance, establish a cumulative building and sinking fund under IC 6-1.1-41 to provide money for one (1) or more of the following purposes:
(1) The planning, erection, remodeling, extension, and repair of sewage disposal plants and sewers to convey sanitary sewage to those plants.
(2) The construction, remodeling, repair, and extension of storm sewers.
(3) Relief sewers and drains in aid of the sanitary system or storm sewers.
(4) The payment of the municipality's part of the costs of any public sewer or drainage project that:
(A) lies partly or wholly within the municipality; and
(B) aids or is connected to the sewage collection or drainage system of the municipality.
(5) The payment of the part of any project that is allocable to property owners by special assessment under IC 36-9-39, for repayment to the cumulative building and sinking fund.
(b) The statement for repayment under subsection (a)(5) shall be mailed to the property owner separately from the property tax statement.
[Pre-Local Government Recodification Citations: 18-6-6-1 part; 18-6-6-5 part.]
As added by Acts 1981, P.L.309, SEC.100. Amended by P.L.98-1993, SEC.15; P.L.17-1995, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 26. Cumulative Building Fund for Municipal Sewers › 36-9-26-3. Repealed

[Pre-Local Government Recodification Citations: 18-6-6-2; 18-6-6-3; 18-6-16-1 part.]
As added by Acts 1981, P.L.309, SEC.100. Amended by Acts 1981, P.L.45, SEC.73. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 26. Cumulative Building Fund for Municipal Sewers › 36-9-26-4. Tax Levy

Sec. 4. A municipality that has established a cumulative building and sinking fund may levy a tax in compliance with IC 6-1.1-41 not to exceed one dollar ($1) on each one hundred dollars ($100) of taxable property in the municipality.
[Pre-Local Government Recodification Citation: 18-6-6-4 part.]
As added by Acts 1981, P.L.309, SEC.100. Amended by P.L.17-1995, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 26. Cumulative Building Fund for Municipal Sewers › 36-9-26-5. Repealed

[Pre-Local Government Recodification Citation: 18-6-6-4 part.]
As added by Acts 1981, P.L.309, SEC.100. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 26. Cumulative Building Fund for Municipal Sewers › 36-9-26-6. Repealed

[Pre-Local Government Recodification Citation: 18-6-6-5 part.]
As added by Acts 1981, P.L.309, SEC.100. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-1. Application of Chapter

Sec. 1. This chapter applies to all counties. However, sections 6, 7, 9, 10, 30, 31, and 32 of this chapter do not apply to a county having a consolidated city.
[Pre-Local Government Recodification Citation: 19-4-1-3 part.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-2.5. "Dam" Defined; Certain Sections Not Applicable; Designation as Regulated Drain; Jurisdiction

Sec. 2.5. (a) For the purposes of this chapter, a reference to "drain", "drainage", or "ditch" is deemed to include a "dam". However, sections 16(b), 17, 21, 22, 23, 24, 26, 27, 28, 54, and sections 56 through 66 of this chapter do not apply to a dam.
(b) Any owner may petition a board to designate a dam as a regulated drain, and any board may assume jurisdiction over a dam in the same manner that an owner may petition and the board may assume jurisdiction over a mutual drain. A board does not otherwise have jurisdiction over a dam.
(c) A board may reconstruct or maintain a dam over which the board has assumed jurisdiction, but an agency may not construct a new dam.
As added by P.L.166-1983, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-3. Authority to Exercise Rights and Powers of Political Subdivisions and State

Sec. 3. (a) The rights and powers of a political subdivision under this chapter as an owner shall be exercised on behalf of the political subdivision by:
(1) the works board, for a municipality;
(2) the executive, for a county or a township; and
(3) the fiscal body, for any other political subdivision.
(b) The rights and powers of the state as an owner under this chapter shall be exercised on behalf of the state by the director of the department, office, or institution charged by law with the maintenance, supervision, or control of the affected land owned by the state.
[Pre-Local Government Recodification Citation: 19-4-1-2 part.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-4. Establishment

Sec. 4. There is established in each county a drainage board, which shall act in the name of "The __________ County Drainage Board" (designating the name of the county).
[Pre-Local Government Recodification Citation: 19-4-1-3 part.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-5. Composition

Sec. 5. (a) Except in a county having a consolidated city or as provided in subsection (d), the drainage board consists of either:
(1) the county executive; or
(2) three (3) or five (5) persons, at least one (1) of whom must be a member of the executive, appointed by the executive;
at the option of the executive. Appointees under subdivision (2) must be resident freeholders of the county who are knowledgeable in drainage matters. Freeholders appointed to the board serve for terms of three (3) years, with their initial appointments made so as to provide for staggering of terms on an annual basis. In addition, the county surveyor serves on the board as an ex officio, nonvoting member.
(b) In a county having a consolidated city, the board of public works of the consolidated city comprises the drainage board, subject to IC 36-3-4-23.
(c) In a county having a consolidated city, the department of public works of the consolidated city has all the powers, duties, and responsibilities of the county surveyor under this chapter, subject to IC 36-3-4-23.
[Pre-Local Government Recodification Citations: 18-4-9-2 part; 19-4-1-4; 19-4-1-5 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.77-2014, SEC.23; P.L.278-2019, SEC.194.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-6. Special Members; Appointment; Powers and Duties; Compensation

Sec. 6. (a) When the membership of the board is reduced to less than three (3) because of disqualifications, the board shall immediately certify that fact to the circuit court of the county. The court shall then restore the membership of the board to three (3) by appointing the appropriate number of resident freeholders of the county to serve as special members for the particular drainage proceedings.
(b) A special member of the board has the same duties and powers as a regular member of the board, and is entitled to a per diem, to be paid as an expense of the board, in an amount fixed by the county fiscal body for each day or major part of a day spent in actual attendance at any meeting of the board or in the performance of official business of the board.
[Pre-Local Government Recodification Citation: 19-4-1-7.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.45-1990, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-7. Officers; Meetings; Quorum; Approval of Actions

Sec. 7. (a) The board shall organize at a meeting each January, by electing one (1) of its members as chair and one (1) of its members as vice chair. At the same time, the board shall elect a secretary, who need not be a member of the board.
(b) The county surveyor may not hold an office on the board.
(c) The board shall fix the time and dates for regular meetings, which shall be held in the office of the county surveyor. However, if the surveyor's office is not adequate, the county executive shall provide an adequate meeting place.
(d) Special meetings of the board may be called by the chair, any two (2) members, or the county surveyor, by mailing a written notice setting forth the time, date, and place of the meeting to each member not less than five (5) days before the date of the meeting. A member may waive the mailing of notice of a special meeting by filing a written waiver with the secretary or by the member's presence at the meeting.
(e) Meetings of the board may be adjourned from day to day or to a day certain without written notice being given.
(f) All meetings of the board must be open to the public, and the minutes of the meetings are open to public inspection.
(g) A majority of the voting members of the board constitutes a quorum, and the concurrence of a majority of the voting members present at a meeting is necessary to authorize any action under this chapter.
[Pre-Local Government Recodification Citation: 19-4-1-5 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.325.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-8. Power to Sue

Sec. 8. The board may bring civil actions in its own name to enforce any of the provisions of this chapter.
[Pre-Local Government Recodification Citation: 19-4-6-12.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-9. Employment of Attorney

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.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-10. Compensation of Members and Employees

Sec. 10. (a) Each member of the board and each person employed by the board under this chapter shall be paid at a rate equal to that provided by law for state employees for each mile necessarily traveled while performing the duties of the member's or employee's office.
(b) The county fiscal body may provide the members of the county executive who serve as members of the board with per diem for their services as members of the board, in an amount fixed by the county fiscal body for each day or major part of a day devoted to the work of the board.
(c) Each appointed freeholder member serving on the board is entitled to a per diem in an amount fixed by the county fiscal body for each day or major part of a day devoted to the work of 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.45-1990, SEC.10; P.L.127-2017, SEC.326.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-11. Payment of Expenses

Sec. 11. All expenses of the board shall be paid from money appropriated from the county general fund. Claims for expense reimbursements and per diem must be:
(1) accompanied by an itemized written statement;
(2) approved by a recorded motion of the board; and
(3) allowed as provided by statute.
[Pre-Local Government Recodification Citation: 19-4-1-6 part.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-12. Conflicts of Interest

Sec. 12. (a) This section does not apply to a joint board that includes three (3) or more counties in a drainage basin of more than one hundred thousand (100,000) acres.
(b) Whenever it appears, in any proceeding for the construction, reconstruction, or maintenance of a regulated drain, that a member of the board has an interest in the proceedings because of the member's ownership of real property affected by the drain, that member shall immediately disqualify himself or herself from serving on the board in those proceedings. However, the fact that county highways will be affected by any proceedings does not disqualify a regular member of the board.
[Pre-Local Government Recodification Citation: 19-4-1-16.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.350-1985, SEC.1; P.L.127-2017, SEC.327.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-13. Certain Counties; County Drainage Advisory Committees Established; Powers and Duties

Sec. 13. (a) This section applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
(b) There is established a county drainage advisory committee. The executive of each township in the county shall appoint one (1) resident of the executive's township to serve on the committee. Committee members serve for four (4) year terms. Members may not receive per diem or mileage for service on the committee.
(c) The county drainage advisory committee shall advise and assist the board in the performance of its powers, duties, and functions. The board or the county legislative body may assign responsibilities to the committee concerning drainage. The committee may select one (1) of its members as chair and may meet at the chair's call or at the call of any three (3) of its members.
[Pre-Local Government Recodification Citation: 19-4-1-8.5.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.12-1992, SEC.186; P.L.127-2017, SEC.328; P.L.11-2023, SEC.128.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-15. Jurisdiction Over Regulated Drains

Sec. 15. Each regulated drain in a county is under the jurisdiction of the board and subject to this chapter, except as otherwise provided by this chapter.
[Pre-Local Government Recodification Citation: 19-4-5-1.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-16. Private and Mutual Drains Exempt From Chapter

Sec. 16. (a) Private and mutual drains are not subject to this chapter.
(b) Land drained by a private or mutual drain is subject to assessment for the construction, or reconstruction, or maintenance of a regulated drain if the land is also drained by the regulated drain.
[Pre-Local Government Recodification Citation: 19-4-5-3 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-17. Private and Mutual Drains; Connection With Regulated Drains; Procedure

Sec. 17. (a) Whenever:
(1) an owner wants to construct or extend a private or mutual drain, and outlet that drain into a regulated drain that is subject to this chapter; and
(2) the construction or extension will not go through land owned by other persons;
the owner shall file with the county surveyor having jurisdiction of the regulated drain for permission to connect the owner's drain with the regulated drain.
(b) The owner shall file with the owner's request the plans and specifications of the private or mutual drain that will be constructed or extended. However, if the private or mutual drain will have a tiled outlet of twelve (12) inches or less, and the owner alleges this in the owner's request, no specifications need be filed.
(c) If the county surveyor determines that the regulated drain is adequate to handle the additional flow of water, if any, that would result from the connection, and that no harmful pollution is likely to result from the connection, the county surveyor shall grant the request.
(d) If the county surveyor determines that the regulated drain is not adequate to handle the additional flow of water resulting from the connection without being reconstructed, the county surveyor shall deny the request, and the request may not be granted until the regulated drain is reconstructed under sections 49 through 52 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-6-8.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.330.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-18. Private and Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by All Owners

Sec. 18. (a) Whenever all of the owners affected by a private or mutual drain request the board in writing to assume jurisdiction over the private or mutual drain, the board shall refer the request to the county surveyor, who shall determine whether the private or mutual drain meets the standards of design and construction established under section 29 of this chapter.
(b) If the county surveyor determines that the private or mutual drain meets the standards of design and construction, the county surveyor shall make a written report of that fact to the board, which shall issue an order granting the request. The drain becomes a regulated drain when the request is granted.
(c) If the county surveyor determines that the private or mutual drain does not meet the standards of design and construction, the county surveyor shall make a written report of that fact to the board, which shall deny the request.
[Pre-Local Government Recodification Citation: 19-4-5-3 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.12; P.L.127-2017, SEC.331.