reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-16. Assessments; Considerations; Quotient; Negligence of Owner or Occupant of Land; Assessment Date; Certification of Assessment; Lien

Sec. 16. (a) The money necessary to pay costs incurred by a board of directors in the management and maintenance of a project, including money to be reimbursed to a county under section 15 of this chapter, shall be derived from assessments made under this section.
(b) The board of directors shall determine:
(1) the total number of acres of land benefited by the project and located outside the municipality;
(2) the total number of lots benefited by the project and located outside the municipality; and
(3) the total number of lots benefited by the project and located inside the municipality.
Each lot, whether it is located inside or outside the municipality, shall be counted as one-half (1/2) acre of land, and each major fraction of an acre shall be counted as one (1) full acre.
(c) When the board of directors has determined the total number of acres subject to assessment and the total amount of money required for the next year, the board shall divide the total amount required by the total number of acres assessed. The quotient obtained is the amount per acre to be assessed for the next calendar year.
(d) If repairs have been rendered necessary by the act or negligence of the owner or occupant of any lands, or of the owner's or occupant's employee or agent, the cost of the repairs shall be assessed against only the owner's lands.
(e) All assessments shall be made before August 2 of each year.
(f) The board of directors shall certify the total amount assessed against lots located inside the municipality to the municipal fiscal officer. This amount shall be included in the municipal budget, appropriated by the municipal legislative body, and paid out of the municipal general fund.
(g) The board of directors shall make out a certified copy of the assessments made on land outside the municipality, and shall file the copy with the auditor of the county in which the lands and lots are located. The auditor shall place the assessments against the land upon the next tax duplicate. The assessment is a lien from the time the certified copy of the assessments is filed, and shall be collected as other state and county taxes are collected. All the laws regulating the payment and collection of state and county taxes, the assessment of penalties and interest, and the sale of property for delinquent taxes apply to the payment and collection of assessments placed upon tax duplicates under this subsection.
[Pre-Local Government Recodification Citations: 19-4-20-17; 19-4-20-18; 19-4-20-19.]
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.127-2017, SEC.370.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-17. Bonds; Issuance When Cost of Maintaining Project Exceeds Amount That Can Be Raised

Sec. 17. If a board of directors finds that the cost of maintaining a project exceeds the amount that can be raised in any year, the board may issue bonds in the manner in which bonds are issued for construction of levees. However, the bonds and the interest on the bonds shall be paid by assessments made in the manner prescribed by section 16 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-20-21.]
As added by Acts 1981, P.L.309, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements › 36-9-28-18. Standing Water; Removal; Costs

Sec. 18. The board of directors in charge of a project may pump out or remove from lands drained by a ditch any standing water that has no means of outlet. The board may purchase pumps or adopt other suitable means for the removal of the water, and the costs necessarily incurred on account of any work done under this section shall be assessed against the lands benefited by the removal of the water. The costs shall be paid, assessed against the lands benefited, and collected in the manner prescribed by section 16 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-20-20.]
As added by Acts 1981, P.L.309, SEC.104.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.5. Management of Stormwater Runoff From Developed Real Property › 36-9-28.5-2. "Policy" Defined

Sec. 2. As used in this chapter, "policy" refers to a policy adopted under this chapter for the management of stormwater runoff from developed real property.
As added by P.L.168-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.5. Management of Stormwater Runoff From Developed Real Property › 36-9-28.5-3. Policy Established

Sec. 3. By January 1, 2001, the legislative body of a unit shall establish a policy of the unit for the management of stormwater runoff from developed real property in the unit. The legislative body may establish the policy by resolution or ordinance.
As added by P.L.168-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.5. Management of Stormwater Runoff From Developed Real Property › 36-9-28.5-4. Provisions for Actual Management of Stormwater Runoff

Sec. 4. The policy may, but is not required to, provide for the actual management of stormwater runoff from developed real property.
As added by P.L.168-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.5. Management of Stormwater Runoff From Developed Real Property › 36-9-28.5-5. Geographic Scope of Policy

Sec. 5. (a) If the unit is a city, the geographic scope of the city's policy must include all territory located within the city.
(b) If the unit is a town, the geographic scope of the town's policy must include all territory located within the town unless the legislative body of the town specifies by resolution that the territory of the town be included in the policy of the county where the town is located.
(c) If the unit is a county, the geographic scope of the county's policy must include:
(1) all territory of the county that is not located within a municipality; and
(2) all territory of a town located in the county that has adopted a resolution under subsection (b).
As added by P.L.168-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-1. "Artificial Conveyance"

Sec. 1. (a) As used in this chapter, "artificial conveyance" means a manmade structure in or into which storm water runoff or floodwaters flow, either continuously or intermittently.
(b) The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, downspouts, roadways, and any other structure using a similar method.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-2. "Channel"

Sec. 2. As used in this chapter, "channel" means a part of a natural watercourse or artificial conveyance that:
(1) periodically or continuously contains moving water; and
(2) has a defined bed and banks that serve to confine the water.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-3. "Runoff"

Sec. 3. As used in this chapter, "runoff" means the part of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-4. "Storm Water Conveyance System"

Sec. 4. As used in this chapter, "storm water conveyance system" means all methods, natural or manmade, used for conducting storm water to, through, or from a drainage area to any of the following:
(1) Conduits and appurtenant features.
(2) Canals.
(3) Channels.
(4) Ditches.
(5) Storage facilities.
(6) Swales.
(7) Streams.
(8) Culverts.
(9) Roadways.
(10) Pumping stations.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-5. "Storm Water Nuisance"

Sec. 5. As used in this chapter, "storm water nuisance" means a condition:
(1) that arises out of or is related to storm water that is transferred through runoff or an artificial conveyance that:
(A) is directed to the property of another person;
(B) discharges storm water at or near the property line of another person; or
(C) accelerates or increases the flow of storm water onto another person's property; and
(2) to which one (1) or both of the following apply:
(A) The condition is injurious to health.
(B) The condition substantially obstructs the free use of property.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-6. "Swale"

Sec. 6. As used in this chapter, "swale" means an elongated depression in the land surface that:
(1) is at least seasonally wet;
(2) is usually vegetated;
(3) is a conduit for storm water flow; and
(4) conducts storm water into primary drainage channels.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-7. "Unit of Government"

Sec. 7. As used in this chapter, "unit of government" means:
(1) the town council or its designee if the storm water nuisance is located within the boundaries of a town;
(2) the city board of works or its designee if the storm water nuisance is located within the boundaries of a city; or
(3) the county surveyor or its designee if the storm water nuisance is located within the boundaries of an unincorporated part of a county.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-8. Request to Investigate Storm Water Nuisance

Sec. 8. (a) If:
(1) a person who owns a tract of land seeks the removal of a storm water nuisance; and
(2) the owner of the land on which the storm water nuisance is located does not remove the storm water nuisance upon request;
the person seeking the removal may file a request under this chapter asking the unit of government to investigate the storm water nuisance.
(b) The request must be filed on a form published by the unit of government that includes:
(1) a general description of the tract of land owned by the person making the request;
(2) a general description of the site of the nuisance; and
(3) a general explanation of the need for the removal of the nuisance.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 28.7. Storm Water Nuisances › 36-9-28.7-9. Investigation Fee; Assessment of Nuisance; Investigation Report; Limitations

Sec. 9. (a) An ordinance may be adopted to allow for the payment of a fee to the unit of government as a condition of filing a request under this chapter. The fee may not be an amount greater than is reasonably necessary to defray the expenses incurred in processing the request, conducting the investigation, and completing the assessment under this section.
(b) A unit of government shall investigate and make a visual assessment limited to the following:
(1) Determine whether the storm water nuisance exists.
(2) Assess whether the removal of the storm water nuisance will:
(A) remove the negative effect of the storm water nuisance from the land of a person making the request; and
(B) cause unreasonable damage to the land on which the storm water nuisance is located.
(3) Make any other observations that may be useful in solving an alleged storm water nuisance problem.
(c) A unit of government, upon making the assessment under subsection (b), shall provide the following to a person that filed the request under section 8 of this chapter:
(1) An oral or written report that may include:
(A) a general description of the investigation and its findings;
(B) whether the storm water nuisance exists;
(C) the need for the removal of the storm water nuisance;
(D) whether the removal of the storm water nuisance will:
(i) remove the negative effect of the storm water nuisance from the land of a person that filed the request under section 8 of this chapter; and
(ii) cause unreasonable damage to the land on which the storm water nuisance is located; and
(E) any other considerations that may be useful in solving the storm water nuisance.
(2) Information concerning alternative dispute resolution options.
(d) A unit of government is not required to use funds to meet the requirements under this chapter.
(e) Except under subpoena, a unit of government may not be compelled to testify in a legal proceeding related to its functions under this chapter.
(f) For purposes of this chapter, the unit of government has a right of entry as provided by IC 36-9-27.4-25.
(g) An artificial conveyance or runoff that was constructed and that operates in compliance with a permit issued by a political subdivision is not subject to this chapter.
As added by P.L.125-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-1. Application of Chapter

Sec. 1. This chapter applies to second and third class cities.
[Pre-Local Government Recodification Citation: 19-4-18-1 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.44, SEC.60.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-2. Construction or Installation of Flood Control Works; Construction or Elevation of Highways and Bridges

Sec. 2. A city acting under this chapter may:
(1) construct or install the flood control works necessary to exclude, divert, remove, reduce, or prevent flood waters caused by the overflowing of watercourses or by storm or surface waters in or about a flood control district established under this chapter; and
(2) construct or elevate highways and bridges necessary to provide reasonable traffic facilities through or over any structures constructed as part of the flood control works.
[Pre-Local Government Recodification Citation: 19-4-18-19 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-3. Declaratory Resolution; Adoption; Contents

Sec. 3. (a) Whenever a city works board determines that:
(1) it is necessary for the general welfare, safety, and security of the city and its inhabitants to carry out any project for the protection of the city and its inhabitants from floods;
(2) the project cannot be carried out in the best or most economical manner without beneficially or injuriously affecting land or other property located outside the corporate boundaries of the city; and
(3) the required flood control works can best be provided for and maintained by the establishment of a special taxing district for that purpose;
it may adopt the declaratory resolution described in subsection (b).
(b) The declaratory resolution must include the following items:
(1) The necessity for providing flood protection for all or part of the city and for all or part of the contiguous territory within four (4) miles outside the corporate boundaries of the city, including all or part of any town within the four (4) mile limit. The necessity must be based upon floods that have occurred in the city and the contiguous territory in the preceding ten (10) years.
(2) The general character of the flood control works that the works board considers necessary to afford proper protection, and the general location and route of the levees, dikes, retaining walls, and other structures that the board considers necessary as part of those works.
(3) A general description of the boundaries of the territory that will be beneficially affected by the construction of the proposed works.
(4) A general estimate of the cost of the property that must be acquired for the construction of the proposed works, including the estimated amounts of damages to property injuriously affected but not acquired.
(5) A general estimate of the cost of construction and installation of the proposed works, based on the available information.
[Pre-Local Government Recodification Citation: 19-4-18-1 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-4. Petition to Establish District; Procedure

Sec. 4. (a) Upon the adoption of a declaratory resolution under section 3 of this chapter, the city works board shall file with the circuit court for the county in which the city is located a petition requesting the establishment of a flood control district to include the territory described in the resolution. A copy of the resolution shall be attached to the petition. The petition shall be docketed in the court as a pending cause, and shall be entitled "In the matter of the city of ____________, petition for the establishment of flood control district".
(b) Upon the filing of the petition, the circuit court shall fix a time when the petition shall be heard, which may not be less than fifteen (15) nor more than thirty (30) days after the filing. The clerk of the court shall publish a notice of the hearing in accordance with IC 5-3-1. The notice must:
(1) contain a brief summary of the petition;
(2) set out the description of the boundaries of the proposed district, as set out in the resolution attached to the petition;
(3) state the time and place fixed for the hearing on the petition; and
(4) advise all interested parties that they may appear and be heard.
(c) The clerk of the circuit court shall certify and send to the attorney general, by registered mail, a copy of the petition, together with a copy of the resolution attached to the petition and a copy of the notice of hearing.
(d) After the publication and mailing of the notice, all persons having any interest in property or highways located in the petitioning city, or within four (4) miles outside the corporate boundaries of the city, are conclusively presumed to have notice of the pendency of the petition and all subsequent proceedings had under the petition.
[Pre-Local Government Recodification Citation: 19-4-18-2.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.45, SEC.87.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-6. Special Benefit District; Territory Included

Sec. 6. (a) If twenty-five percent (25%) or more of the territory included within the corporate boundaries of the city petitioning for the establishment of a flood control district has been inundated by flood waters during the preceding ten (10) years, then all of the property within the corporate boundaries of the city is conclusively presumed to be specially benefited and shall be included in the district, except for property that is subject to inundation from floods and will not be included within or protected by the proposed flood control works.
(b) If twenty-five percent (25%) or more of the territory within the corporate boundaries of any town included in whole or in part in the flood control district has been inundated by flood waters during the preceding ten (10) years, then all of the property within the town is conclusively presumed to be specially benefited and shall be included in the district, except for property that is subject to inundation and will not be included within or protected by the proposed flood control works.
(c) Territory that:
(1) is outside the corporate boundaries of a municipality; and
(2) lies at an elevation higher than three (3) feet above the highest flood stage during the preceding ten (10) years;
may be included in a flood control district only if it will be included within or protected by the proposed flood control works.
[Pre-Local Government Recodification Citation: 19-4-18-4 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-7. Special Taxing District for Flood Control Purposes; Special Benefit Tax

Sec. 7. Upon the entry of a decree under section 5 of this chapter, a flood control district constitutes a special taxing district for flood control purposes. All property in the district is subject to a special benefit tax for the purpose of providing money to pay the cost of constructing and maintaining the flood control works. The special benefit tax, which shall be levied in the manner prescribed by this chapter, constitutes the amount of special benefits accruing to property in the district on account of the construction and maintenance of the works.
[Pre-Local Government Recodification Citation: 19-4-18-4 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-9. Executive Secretary; Compensation; Bond; Duties

Sec. 9. (a) The flood control board shall appoint an executive secretary. The executive secretary may not be a commissioner of the board before the completion of the flood control works, but may be after their completion.
(b) The salary of the executive secretary shall be fixed by the flood control board.
(c) The executive secretary may be required to furnish bond in the amount the flood control board finds necessary. The cost of the bond may be borne by the district.
(d) The executive secretary:
(1) is the custodian of the records of the district;
(2) shall assist the board in the performance of its duties, as directed by the board; and
(3) shall certify copies of the official records and files of the district that may be required of the executive secretary by this chapter, or by any person ordering copies and paying the reasonable cost of transcription.
Certification of a record by the executive secretary is prima facie evidence of the record's accuracy.
[Pre-Local Government Recodification Citation: 19-4-18-6 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.35; P.L.127-2017, SEC.372.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-10. District Engineer; Duties; Compensation

Sec. 10. (a) The flood control board shall appoint a district engineer, who shall perform the duties assigned by the board.
(b) The engineer's compensation shall be fixed by the flood control board. However, when the engineering services are performed by the engineer of the city, the city engineer may receive this compensation.
[Pre-Local Government Recodification Citation: 19-4-18-6 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-11. Attorney; Duties; Compensation

Sec. 11. (a) The flood control board shall appoint one (1) or more attorneys, who shall perform the duties assigned by the board.
(b) The compensation of the attorney or attorneys shall be fixed by the board. However, when the legal services are performed by an attorney of the city legal department, that attorney is entitled to receive this compensation.
[Pre-Local Government Recodification Citation: 19-4-18-6 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-12. Employees; Compensation; Duties

Sec. 12. The flood control board may employ and fix the compensation of all the employees necessary to enable it to perform its duties under this chapter without undue delay.
[Pre-Local Government Recodification Citation: 19-4-18-6 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-13. Employees; Term of Employment

Sec. 13. All the employees of a flood control district, including the executive secretary, engineer, and attorneys, serve at the pleasure of the flood control board.
[Pre-Local Government Recodification Citation: 19-4-18-6 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-14. County Treasurer; Duties

Sec. 14. (a) The county treasurer shall act as treasurer of the flood control board and the flood control district. The county treasurer shall make all collections of the special benefit taxes levied by the board, without any additional compensation other than that allowable in the case of the collection of general taxes by the treasurer.
(b) The county treasurer shall give bond in the amount and with the surety prescribed by the flood control board. The cost of the bond shall be paid out of the revenues of the district.
[Pre-Local Government Recodification Citation: 19-4-18-7 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-15. County Auditor; Duties

Sec. 15. The county auditor shall include on the tax duplicates for the county the special benefit taxes levied for the flood control district and shall perform the same duties in connection with the levy and collection of these taxes as are performed for general taxes levied by any political subdivision in the county.
[Pre-Local Government Recodification Citation: 19-4-18-7 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-16. Federal Aid; Acceptance; Conditions

Sec. 16. (a) The flood control board may, on behalf of the flood control district, accept any legal, engineering, financial, construction, or other aid from the federal government or any other source.
(b) If the federal government agrees to construct or furnish and install all or part of the flood control works required by the flood control district, and to furnish the necessary plans and specifications, the flood control board shall accept the offer and adopt the plans and specifications as its own, unless they do not conform to the decree establishing the district.
[Pre-Local Government Recodification Citation: 19-4-18-8 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-17. Use of Territory in Connection With Construction of Flood Control Works; Authorization

Sec. 17. (a) If the state or a political subdivision has territory that will be affected in whole or in part by flood control works, it may grant to the flood control district the use of any property in which it has an interest, including its rights in public ways, for use in connection with the construction of the flood control works, upon the terms agreed upon. Such a grant must be authorized by:
(1) the governor and the state agency having jurisdiction of the property, for the state; or
(2) the fiscal body, for a political subdivision.
(b) Grants under this section shall be made in the form of a deed or other written instrument that may be recorded. The grant may provide that when property is no longer needed for the purposes of the flood control district, the property reverts to the state, or the political subdivision, making the grant.
[Pre-Local Government Recodification Citation: 19-4-18-8 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-19. Acquisition of Property; Purchase, Contract, or Eminent Domain

Sec. 19. After the flood control board has published notice of the filing of the acquisition and damage roll under section 18(c) of this chapter, it may acquire the property described in the roll by purchase, by contract, or by the exercise of the power of eminent domain under IC 32-24.
[Pre-Local Government Recodification Citation: 19-4-18-11.]
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.2-2002, SEC.125.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-20. Contracts; Letting Procedure

Sec. 20. (a) All contracts of the flood control district for the construction of flood control works shall be let by the flood control board under the statutes concerning the letting of contracts for public improvements by the works board of the city. The flood control board may let one (1) contract for the entire works or separate contracts for parts of the works.
(b) All contracts shall be awarded to the lowest and best bidder. However, a contract may not be let at a bid higher than the cost of the work, as shown by the estimates previously adopted and filed, unless approved by the circuit court on petition of the flood control board.
(c) All contracts must be in writing and signed by the flood control board's president or vice president and by its executive secretary.
(d) The validity of a contract may be questioned only in an action to enjoin the execution of the contract, filed within ten (10) days after the date of its execution.
[Pre-Local Government Recodification Citation: 19-4-18-12 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-21. Federal Labor, Material, Machinery, and Equipment; Acceptance of Offer; Additional Labor, Material, Machinery, and Equipment

Sec. 21. If the federal government or another source agrees to furnish all or part of the labor, material, machinery, and equipment required for any construction or installation, the flood control board may accept the offer. The board may supply the necessary additional labor, material, machinery, and equipment to carry out the agreement.
[Pre-Local Government Recodification Citation: 19-4-18-12 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-22. Loans for Preliminary Expenses; Sale of Warrants; Advancement of Funds

Sec. 22. (a) To facilitate the carrying out of preliminary proceedings and provide money for the payment of expenses before the issuance of bonds under this chapter, the flood control board may, by resolution, authorize the making of loans in amounts approved by the circuit court. The loans shall be evidenced by callable warrants payable out of the proceeds of bonds, when available, and the warrants may bear interest at any rate. If the amount of warrants to be issued at any one (1) time exceeds five thousand dollars ($5,000), they shall be sold at public sale after notice given in accordance with IC 5-3-1. The warrants shall be sold to the bidder offering to purchase them at the lowest actual interest cost to the district, and shall be executed in the name of the district by the board's president or vice president and by its executive secretary.
(b) Any unit having territory included within the flood control district may advance money to the district. The advances must be authorized by the fiscal body of the unit. The advances may be made without appropriation, and warrants evidencing the advances shall be issued by the district, bearing the rate of interest provided for in the resolution or other action authorizing the advances.
[Pre-Local Government Recodification Citation: 19-4-18-13.]
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.45, SEC.90.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-24. Bonds for Replacement, Enlargement, Extension, or Construction of Additional Works; Costs Exceeding Amount Available

Sec. 24. If the flood control board finds that:
(1) it is necessary to replace, enlarge, or extend any part of the flood control works or construct additional works in order to protect the district properly; and
(2) the cost of the replacement, enlargement, extension, or construction will exceed the amount then available out of current maintenance and repair funds;
the board may issue bonds under section 23 of this chapter for that purpose. However, the board must first comply with sections 18, 19, and 20 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-18-14 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-25. Refunding Bonds; Issuance; Payment

Sec. 25. If the flood control district is unable to pay any bonds or the interest on them at the times fixed for payment, refunding bonds may be issued and sold under section 23 of this chapter to obtain money for that purpose. The refunding bonds are payable within the period fixed by the flood control board, which may not exceed ten (10) years.
[Pre-Local Government Recodification Citation: 19-4-18-14 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-26. Bonds Issued and Their Interest Exempt From Taxation

Sec. 26. All bonds issued under this chapter, together with the interest on them, are exempt from taxation.
[Pre-Local Government Recodification Citation: 19-4-18-14 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-27. Validity of Bonds Issued

Sec. 27. An action to question the validity of any of the bonds issued under this chapter, or to prevent their issuance, must be brought by the time fixed in the bond sale notice for the receiving of bids. After that time, the bonds may not be contested for any cause.
[Pre-Local Government Recodification Citation: 19-4-18-14 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-28. Flood Control District Construction Fund

Sec. 28. (a) The county treasurer shall keep all proceeds from the sale of bonds under this chapter in a separate fund designated as the "__________ flood control district construction fund". The fund shall be used only to pay the costs listed in section 23(b) of this chapter. Any money remaining out of the proceeds of the bonds after all of the costs are paid shall be paid into the district bond fund established under section 30 of this chapter.
(b) The flood control board shall approve and order all payments made from the flood control district construction fund, and shall determine the amounts and times of the payments. However, a payment to a contractor may not exceed eighty percent (80%) of the district engineer's estimate of work done by the contractor, and the whole amount of a contract may not be paid until all work to be done under the contract has been accepted by the board as fully completed in accordance with the plans and specifications.
[Pre-Local Government Recodification Citation: 19-4-18-15 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-29. Acquisition of Property; Payment of Costs According to Terms of Purchase or Contract; Payment of Damages in Condemnation; Title

Sec. 29. (a) If property is acquired by purchase or contract, payment of costs shall be made according to the terms of the purchase or contract.
(b) If property is condemned, the amount of damages assessed shall be paid as soon as the proceeds from the sale of bonds are available. Upon the payment of the damages, the title of the property paid for is fixed and vested in the flood control district in the manner, to the extent, for the purpose, and subject to the limitations provided by this chapter.
(c) Title to all property acquired shall be taken in the name of the flood control district. Within sixty (60) days after any conveyance or grant of any interest in real property is received by the flood control board, the board shall have recorded the deed or other instrument of conveyance or grant, signed by the grantor, in the recorder's office in the county in which the property is located. In case of condemnation, a copy of the decree, certified by the clerk of the circuit court and showing the amount paid to the clerk on account of the damages awarded, shall be recorded.
[Pre-Local Government Recodification Citation: 19-4-18-15 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-30. Special Benefit Tax Levy to Pay for Bonds; Flood Control District Bond Fund

Sec. 30. (a) For the purpose of obtaining money to pay the bonds and the interest on them, the flood control board shall levy a special benefit tax each year upon all of the property in the flood control district. The tax shall be levied in the amount necessary to pay the principal of the bonds as they mature, together with the interest accruing on them.
(b) The flood control board shall cause the tax levied to be certified to the auditor of the county in which the property subject to the tax is located, before October 2 of each year. The tax levied and certified shall be estimated and entered upon the tax duplicates by the county auditor, and shall be collected and enforced by the county treasurer in the same manner as state and county taxes are estimated, entered, collected, and enforced.
(c) As the tax is collected by the county treasurer, it shall be accumulated in a separate fund to be known as the "__________ flood control district bond fund", and shall be applied only to the payment of the bonds and the interest on them.
[Pre-Local Government Recodification Citation: 19-4-18-16 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-31. Special Benefit Tax Levy to Pay for Cost of Operation, Maintenance, and Repair of Flood Control Works; Presumption; Flood Control District Maintenance Fund; Temporary Loans

Sec. 31. (a) The flood control board may levy a special benefit tax each year for the purpose of providing for the cost of operation, maintenance, and repair of the flood control works after the completion of the works, including the general expenses of the board, such as salary and wages, that the board finds are not properly chargeable to the proceeds of bonds issued under this chapter. The tax may not exceed eleven and sixty-seven hundredths cents ($0.1167) on each hundred dollars ($100) of taxable property in the district, as it appears on the tax duplicates.
(b) The property within the flood control district is conclusively presumed to be benefited to the extent of the annual tax by the maintenance of the district and the maintenance, operation, and repair of the flood control works.
(c) The county auditor shall estimate the tax and enter it upon the tax duplicates, and the county treasurer shall collect and enforce the tax in the same manner as state and county taxes are estimated, entered, collected, and enforced.
(d) The county treasurer charged with the duty of collecting the taxes shall, between the first and tenth days of each month, notify the flood control board of the amount of the tax collected during the preceding month. Upon the date of notification, the treasurer shall credit the amount collected to a fund designated as "__________ flood control district maintenance fund", which may be used only for the purposes stated in this section.
(e) The flood control board has complete and exclusive authority to expend, on behalf of the flood control district, all revenues realized under this section.
(f) The flood control board may, by resolution, authorize and make temporary loans in anticipation of the collection of the special benefit taxes actually levied and in course of collection under this section. The loans mature and shall be paid within the year in which they are made, and may bear interest at any rate payable at the maturity of the loan. The temporary loans shall be evidenced by warrants, and, if the amount of warrants to be issued exceeds five thousand dollars ($5,000), they shall be sold at public sale in the same manner as the bonds of the district.
[Pre-Local Government Recodification Citation: 19-4-18-17 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.6-1997, SEC.227.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-32. Emergency Flood Control District Fund

Sec. 32. (a) The flood control board may establish an "emergency flood control district fund", which may not exceed at any time one hundred thousand dollars ($100,000). The emergency fund shall be established out of money transferred from the flood control district maintenance fund.
(b) Whenever the emergency fund is reduced below one hundred thousand dollars ($100,000), the flood control board may transfer from the maintenance fund the sum it considers necessary for the purpose of replenishing the emergency fund.
(c) The county treasurer shall keep the emergency fund separate from the other funds of the flood control district. Any unexpended sum in the fund shall be retained from year to year to meet flood emergencies as they arise.
(d) The sum in the emergency fund may not be considered in making up the budget of the flood control district, except for the purpose of determining the amount to be levied in order to replenish the fund.
(e) All withdrawals from the emergency fund shall be used solely for emergency purposes, and shall be made upon order of the flood control board in the same manner as withdrawals from other funds of the flood control district.
[Pre-Local Government Recodification Citation: 19-4-18-17 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.356-1987, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-33. Deposit of Funds of Flood Control District

Sec. 33. The money in the funds of the flood control district shall be deposited and held in the same manner as other public funds under IC 5-13.
[Pre-Local Government Recodification Citation: 19-4-18-16 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.3-1990, SEC.138.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-34. Warrants Drawn for Items Approved by Board; Payments on Bonds and Interest Coupons

Sec. 34. (a) Except as provided in subsection (b), revenues raised under this chapter may be expended only upon a warrant drawn by the executive secretary of the flood control board for items approved by the board, with the date of approval indicated on the warrant over the signature of the president or vice president of the board.
(b) The county treasurer may pay bonds and interest coupons:
(1) issued by the flood control board; and
(2) presented at or after their maturity;
out of the bond fund established under section 30 of this chapter, without the issuance of warrants or other orders of the board.
[Pre-Local Government Recodification Citation: 19-4-18-18.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-35. Pending Actions for Filing Further Petitions and for Making Further Orders

Sec. 35. After the docketing of the petition for the establishment of the flood control district, and until the flood control works have been completed and accepted, the cause remains on the docket of the circuit court, superior court, or probate court as a pending action for the filing of the further petitions and the making of the further orders that are authorized by this chapter or found necessary to facilitate the completion of the works.
[Pre-Local Government Recodification Citation: 19-4-18-10 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.84-2016, SEC.193.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-36. Jurisdiction of Court

Sec. 36. All court proceedings relating to the establishment or maintenance of the flood control district, or the performance of any act under this chapter, must be brought and determined only in and by the circuit court, superior court, or probate court establishing the district. The jurisdiction of the court in all such matters is conclusive and its judgment is final, except as otherwise provided in this chapter. All proceedings had under this chapter shall be heard by the court without the intervention of a jury, except as otherwise provided in this chapter. Laws with respect to change of venue from the county do not apply to proceedings under this chapter, but changes of venue from the judge may be had as in other civil cases.
[Pre-Local Government Recodification Citation: 19-4-18-10 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.84-2016, SEC.194.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-37. Supplementary Proceedings to Cure Defects or Irregularities; Objections

Sec. 37. (a) If any defects or irregularities occur in any of the proceedings had under this chapter, the defects or irregularities may be cured by supplementary proceedings of the same general nature as those provided for by this chapter. Only those parties whose interests or property are directly and adversely affected by the defects or irregularities may object to them.
(b) It is not necessary to delay the general course of the proceedings while defects or irregularities are being corrected or supplied.
(c) If an objection is filed with the circuit court, superior court, or probate court and the objection is overruled or decided adversely to the objecting party, the court costs incurred in the filing, hearing, and determination of the objection shall be taxed to the objecting party. If the objection is sustained or determined in favor of the objecting party, then the costs shall be taxed to the flood control district.
[Pre-Local Government Recodification Citation: 19-4-18-10 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.84-2016, SEC.195.