reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-16. Board; Compensation of Members

Sec. 16. The members of the board are entitled to a minimum compensation of six hundred dollars ($600) each year.
[Pre-1995 Recodification Citation: 13-2-31-9.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-17. Board; Officers

Sec. 17. The board shall, at the board's first regular meeting to be conducted on the first July 1 or January 1 following appointment of the members and annually thereafter, elect the following officers:
(1) One (1) of the members as president.
(2) Another of the members as vice president, who shall perform the duties of the president during the absence or disability of the president.
[Pre-1995 Recodification Citation: 13-2-31-10(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-18. Board; Office and Records

Sec. 18. The board shall have a suitable office where the board's maps, plans, documents, records, and accounts shall be kept, subject to public inspection at all reasonable times.
[Pre-1995 Recodification Citation: 13-2-31-10(a) part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-19. Board; Meetings

Sec. 19. (a) The board shall by rule provide for regular meetings to be held not less than at semimonthly intervals throughout the year. The board shall keep meetings open to the public.
(b) The board shall convene a special meeting when a special meeting is called. The chairman or a majority of the members of the board may call a special meeting. The board shall do the following:
(1) Establish by rule a procedure for calling special meetings.
(2) Give notice of a special meeting that is open to the public by publication one (1) time, not less than twenty-four (24) hours before the time of the meeting, in each of two (2) daily newspapers of general circulation in the district.
[Pre-1995 Recodification Citation: 13-2-31-10(b), (c).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-20. Board; Quorum

Sec. 20. A majority of the members of the board constitutes a quorum for a meeting. The board may act officially by an affirmative vote of a majority of the members present at the meeting at which the action is taken.
[Pre-1995 Recodification Citation: 13-2-31-10(d).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-21. Board; Record of Proceedings

Sec. 21. The board shall have a written record of the board's proceedings kept. The record must be available for public inspection in the office of the board. The board shall record in the record the affirmative and negative vote on the passage of each item of business.
[Pre-1995 Recodification Citation: 13-2-31-10(e).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-22. Board; Rules of Procedure

Sec. 22. The board shall adopt a system of rules of procedure under which the board's meetings are to be held. The board may suspend the rules of procedure by unanimous vote of the members of the board who are present at the meeting. The board may not suspend the rules of procedure beyond the duration of the meeting at which the suspension of rules occurs.
[Pre-1995 Recodification Citation: 13-2-31-10(f).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-23. Board; Supervision of Internal Affairs

Sec. 23. The board may supervise the board's internal affairs in the same manner as other municipal legislative and administrative bodies.
[Pre-1995 Recodification Citation: 13-2-31-10(g).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-24. Proposed Drafts of Ordinances

Sec. 24. (a) A member of the board may introduce a proposed draft of an ordinance at a meeting of the board. A person who introduces a proposed draft of an ordinance shall provide at the time of introduction a written copy of the proposed draft.
(b) The board shall assign to each proposed draft of an ordinance a distinguishing number and the date when introduced.
[Pre-1995 Recodification Citation: 13-2-31-11(a).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-25. Notice of Pending Action on Proposed Drafts

Sec. 25. (a) Not:
(1) more than seven (7) days after the introduction of a proposed draft of an ordinance; and
(2) less than seven (7) days before the final passage of a proposed draft of an ordinance;
the board shall publish a notice that the proposed ordinance is pending final action by the board. The notice shall be published one (1) time in each of two (2) daily newspapers that have a general circulation in the district. Notice of an ordinance establishing a budget must be in accordance with the general law relating to budgets of cities.
(b) The board shall do the following:
(1) Include in the notice the following:
(A) Reference to the subject matter of the proposed ordinance.
(B) The time and place a hearing will be held on the proposed ordinance.
(C) A statement that the proposed draft of an ordinance is available for public inspection at the office of the board.
(2) Not later than the date of notice of the introduction of a proposed ordinance, place five (5) copies of the proposed draft on file in the office of the board for public inspection.
(c) The board may include in one (1) notice a reference to the subject matter of each draft of an ordinance that is pending and for which notice has not already been given.
(d) An ordinance is not invalid because the reference to the subject matter of the draft of an ordinance was inadequate if the reference was sufficient to advise the public of the general subject matter of the proposed ordinance.
[Pre-1995 Recodification Citation: 13-2-31-11(b), (c), (d), (e).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-26. Meetings to Take Action on Proposed Drafts

Sec. 26. At a meeting for which notice has been given as required by section 25 of this chapter, the board may:
(1) take final action on the proposed ordinance; or
(2) postpone final consideration to a designated meeting in the future without giving additional notice.
[Pre-1995 Recodification Citation: 13-2-31-11(f).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-27. Public Meeting Required

Sec. 27. The board may adopt a draft of an ordinance only at a meeting that is open to the public. Before adopting an ordinance, the board shall give opportunity to a person present at the meeting to give testimony, evidence, or argument for or against the proposed ordinance in person or by counsel under rules that the board adopts concerning the number of persons who may be heard and time limits.
[Pre-1995 Recodification Citation: 13-2-31-12.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-28. Effective Dates of Ordinances

Sec. 28. Whenever the board adopts an ordinance, the board shall at the same meeting designate the effective date of the ordinance. If the board fails to designate the effective date of the ordinance in the record of the proceedings of the board, the ordinance takes effect fourteen (14) days after passage.
[Pre-1995 Recodification Citation: 13-2-31-13.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-29. Copies of Ordinances

Sec. 29. (a) The board shall have copies of each ordinance made available to the public.
(b) The board may provide for the printing of any of the ordinances of the authority in pamphlet form or in bound volumes. The board may:
(1) distribute the pamphlets or volumes without charge; or
(2) charge the cost of printing and distribution.
[Pre-1995 Recodification Citation: 13-2-31-14.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-31. Letting of Contracts; Bidding

Sec. 31. (a) Except as provided in subsection (b), in the letting of a contract for the repair or equipment of a levee under the control of the board, the board shall, when:
(1) adopting plans;
(2) giving notice; and
(3) receiving bids;
comply with statutes.
(b) If:
(1) an emergency arises involving the safety of human life due to accident or act of God; and
(2) the board declares the emergency;
the board may purchase necessary equipment and appliances without advertising for bids.
[Pre-1995 Recodification Citation: 13-2-31-16.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-32. Recovery of Damages or Possession of Property

Sec. 32. The board may take action the board considers proper to do the following:
(1) Recover damages for the following:
(A) The breach of an agreement, express or implied, relating to or growing out of the operation, control, leasing, management, or improvement of the property under the board's control.
(B) The penalties for the violation of an ordinance or a rule of the board.
(C) Injury to the personal or real property under the board's control.
(2) Recover possession of property under the board's control.
[Pre-1995 Recodification Citation: 13-2-31-17 part.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-33. Eminent Domain Powers; Generally

Sec. 33. (a) The board may do the following:
(1) Exercise the power of eminent domain for the purpose of carrying out this chapter.
(2) Award damages to landowners for real property and property rights appropriated and taken.
(b) If the board cannot agree with the owner, lessee, or occupant of real property selected by the board for the purpose set forth in this chapter, the board may proceed to procure the condemnation of the property as provided in this chapter.
(c) If not in conflict or inconsistent with this chapter, the board may also proceed under IC 32-24. IC 32-24 applies to levees under this chapter as far as IC 32-24 is not in conflict or inconsistent with this chapter.
[Pre-1995 Recodification Citation: 13-2-31-18(a).]
As added by P.L.1-1995, SEC.20. Amended by P.L.2-2002, SEC.60.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-34. Eminent Domain Powers; Land Already in Public Use

Sec. 34. (a) This section applies to land or the surface of the ground on, over, and across which it is necessary or advisable to construct a levee as provided in this chapter that:
(1) is already in use for any other public purpose; or
(2) has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the corporation appropriating the land or surface of the ground.
(b) The public use or prior condemnation does not bar the right of the board to condemn the use of the ground for levee purposes.
(c) The use by the board does not permanently prevent the use of the land or the surface of the ground:
(1) for the prior public use; or
(2) by the corporation previously condemning or appropriating the land or surface of the ground.
(d) In a proceeding prosecuted by the board to condemn the use of land or the surface of ground for purposes permitted by this chapter, the board must show that the board's use will not permanently or seriously interfere with:
(1) the continued public use of the land or surface of ground; or
(2) the corporation previously condemning the land or surface or the corporation's successors.
However, in a proceeding the board may require and enforce the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established as provided in this chapter.
[Pre-1995 Recodification Citation: 13-2-31-18(b).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-35. Eminent Domain Powers; Rights of Board and Landowners

Sec. 35. (a) In a proceeding prosecuted by the board to condemn or appropriate:
(1) land;
(2) the use of land; or
(3) a right in land;
for purposes permitted by this chapter, the board and all owners and holders of property or rights in property sought to be taken are governed by and have the same rights concerning procedure, notices, hearings, assessments of benefits and awards, and payments of benefits and awards that are prescribed by law for the appropriation and condemnation of real property.
(b) The property owners have the same powers and rights to:
(1) remonstrate; and
(2) appeal;
to the circuit or superior courts with jurisdiction in the county in which the district is located that are provided by law for the appropriation and condemnation of real property.
(c) An appeal:
(1) only affects the amount of the assessment of awards of the person appealing; and
(2) shall be taken in conformity with the laws relating to appeals. However, the payment of all damages awarded for land, property, or interests or rights in property appropriated under this chapter shall be paid entirely out of money under the control of the board.
[Pre-1995 Recodification Citation: 13-2-31-18(c).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-36. Eminent Domain Powers; Taking Possession; Abandonment; Acquisition of Other Land

Sec. 36. (a) Notwithstanding this or any other statute, the city or district may take possession of property to be acquired at any time after the filing of the petition describing the property in condemnation proceedings.
(b) The city or district may abandon the condemnation of property if possession of the property has not been taken.
(c) The board may acquire and use land reasonably necessary for the purposes of this chapter. However:
(1) the board may not acquire or use land that is still being used and is absolutely necessary for the purposes for which the land was previously condemned; and
(2) this chapter does not permit the acquisition or use by the board of land previously acquired by condemnation that is being used for the purpose for which the land was acquired if the use by the board would impair or interfere with the necessary use of the land by the owner of the land.
[Pre-1995 Recodification Citation: 13-2-31-18(d).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-37. Eminent Domain Powers; Description of Land; Statement of Purpose

Sec. 37. Within sixty (60) days after land or interests in land is acquired or taken under this chapter, the board shall file and cause to be recorded in the recorder's office of the county in which the land is situated the following, which a majority of the board shall sign:
(1) A description of the land or interest in land sufficiently accurate for identification.
(2) A statement of the purpose for which the land or interest in land is required or taken.
[Pre-1995 Recodification Citation: 13-2-31-18(e).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-38. General Obligation Bonds; Issuance

Sec. 38. (a) The board may issue general obligation bonds of the authority for the purpose of procuring money to pay the cost of:
(1) acquiring real property or rights-of-way; or
(2) constructing, enlarging, improving, remodeling, repairing, or equipping levees, gates, and pumping stations and sewers, ditches, and drains in connection with that construction or maintenance or other facilities;
for use as or in connection with or for administrative purposes of the levee.
(b) The board must authorize the issuance of bonds by ordinance providing for the following:
(1) The amount, terms, and tenor of the bonds.
(2) The time and character of notice.
(3) The mode of selling the bonds.
(c) The bonds:
(1) may bear interest at any rate;
(2) are payable in not more than twenty-five (25) years after the date of issuance; and
(3) shall be:
(A) executed in the name of the authority by the president of the board; and
(B) attested by the secretary and treasurer who shall affix to each of the bonds the official seal of the authority.
(d) The interest coupons attached to the bonds may be executed by placing on the coupons the facsimile signature of the president of the board.
[Pre-1995 Recodification Citation: 13-2-31-19(a).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-39. General Obligation Bonds; Sale

Sec. 39. (a) The levee superintendent shall manage and supervise the preparation, advertisement, and sale of the bonds, subject to the authorizing ordinance. Before the sale of the bonds, the superintendent shall have notice of the sale published one (1) time each week for two (2) consecutive weeks in two (2) newspapers of general circulation published in the district. The notice must state the following:
(1) The time and place where bids will be received.
(2) The amount and maturity dates of the issue.
(3) The maximum interest rate.
(4) The terms and conditions of sale and delivery of the bonds.
(b) The bonds shall be sold to the highest and best bidder. After the bonds have been properly sold and executed, the superintendent shall do the following:
(1) Deliver the bonds to the treasurer of the authority and take a receipt for the bonds.
(2) Certify to the treasurer the amount that the purchaser is to pay for the bonds, together with the name and address of the purchaser.
(c) On payment of the purchase price the treasurer shall deliver the bonds to the purchaser, and the treasurer and superintendent shall report their actions to the board.
[Pre-1995 Recodification Citation: 13-2-31-19(b).]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-40. General Obligation Bonds; Applicability of Ic 5-1 and Ic 6-1.1-20

Sec. 40. The provisions of IC 5-1 and IC 6-1.1-20 relating to the following apply to proceedings under this chapter:
(1) The filing of a petition requesting the issuance of bonds and giving notice of the petition.
(2) The giving of notice of determination to issue bonds.
(3) The giving of notice of hearing on the appropriation of the proceeds of bonds and the right of taxpayers to appeal and be heard on the proposed appropriation.
(4) The approval of the appropriation by the department of local government finance.
(5) The right of:
(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a).
(6) The sale of bonds at:
(A) a public sale for not less than the par value; or
(B) alternatively, a negotiated sale after June 30, 2018, and before July 1, 2025.
[Pre-1995 Recodification Citation: 13-2-31-19(c).]
As added by P.L.1-1995, SEC.20. Amended by P.L.90-2002, SEC.371; P.L.219-2007, SEC.98; P.L.146-2008, SEC.425; P.L.125-2018, SEC.4; P.L.38-2021, SEC.56; P.L.236-2023, SEC.127.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-41. General Obligation Bonds; Payment; Tax Exemption

Sec. 41. (a) All bonds issued under this chapter or under IC 13-2-31 (before its repeal) are the direct general obligations of the authority issuing the bonds and are payable out of unlimited ad valorem taxes that shall be levied and collected on all the taxable property within the district. All officials and bodies involved with the levying of taxes for the district shall ensure that sufficient levies are made to meet the principal and interest on the bonds at the time fixed for payment without regard to any other statute.
(b) The bonds issued under this chapter or under IC 13-2-31 (before its repeal) are exempt from taxation for all purposes.
[Pre-1995 Recodification Citation: 13-2-31-19(d).]
As added by P.L.1-1995, SEC.20. Amended by P.L.192-2002(ss), SEC.157.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-42. Tax Anticipation Loans

Sec. 42. (a) The board may authorize and make temporary loans in anticipation of the collection of taxes in the district actually levied and in course of collection for the fiscal year in which the loans are made.
(b) The board must authorize the loans by ordinance and shall evidence the loans by warrants in the form provided by the authorizing ordinance. The warrants must state the following:
(1) The total amount of the issue.
(2) The denomination of the warrant.
(3) The time and place payable.
(4) The rate of interest.
(5) The revenues in anticipation of which the warrants are issued and out of which the warrants are payable.
(6) A reference to the ordinance authorizing the warrants and the date of passage of the ordinance.
(c) The ordinance authorizing the temporary loans must appropriate and pledge sufficient of the current revenues in anticipation of which the warrants are issued and out of which the warrants are payable to the payment of the warrants. The warrants evidencing the temporary loans shall be executed, sold, and delivered in the same manner as are bonds of the authority.
[Pre-1995 Recodification Citation: 13-2-31-20.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-43. Treasurer; Appointment, Powers, and Duties

Sec. 43. (a) The board shall appoint a person to act as treasurer of the authority. The treasurer shall give bond in the amount and with the condition that the board prescribes and with surety to the approval of the board. The treasurer shall be appointed to serve for a term of one (1) year unless removed for cause.
(b) All money payable to the authority shall be paid to the treasurer, and the treasurer shall deposit the money in accordance with the statutes relating to the deposit of public money by municipal corporations. The treasurer shall keep an accurate account of the following:
(1) All appropriations made and all taxes levied by the authority.
(2) All money owing or due to the authority.
(3) All money received and disbursed.
(c) The treasurer shall preserve all vouchers for payments and disbursements made.
(d) The treasurer shall issue all warrants for the payment of money from the money of the district, but a warrant may not be issued for the payment of a claim until the claim has been allowed in accordance with the procedure prescribed by the board. The president shall countersign all warrants. Whenever the treasurer is called upon to issue a warrant, the treasurer may do the following:
(1) Require evidence that the amount claimed is justly due and in conformity with law.
(2) For that purpose:
(A) summon before the treasurer an officer, agent, or employee of the authority or other person; and
(B) examine the individual concerning the warrant on oath or affirmation that the treasurer may administer.
[Pre-1995 Recodification Citation: 13-2-31-21.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-44. Treasurer; Report of Accounts

Sec. 44. The treasurer shall submit to the board annually, and more often if required by the board, a report of the accounts exhibiting the following:
(1) The revenues, receipts, and disbursements.
(2) The sources from which the revenues and money are derived.
(3) The manner in which the money has been disbursed.
[Pre-1995 Recodification Citation: 13-2-31-22.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-45. Audits

Sec. 45. The treasurer shall submit annually, and more often if required by the board, the records of accounts to a certified public accountant or firm of certified public accountants designated or selected by the board for audit. The accountant or firm shall prepare and submit a certified report of the records of accounts to the board exhibiting the following:
(1) The revenues, receipts, and disbursements.
(2) The sources from which the revenues and money are derived.
(3) The manner in which the money has been disbursed.
[Pre-1995 Recodification Citation: 13-2-31-23.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-46. Budgets; Tax Levies

Sec. 46. (a) The board shall do the following:
(1) Annually prepare a budget for the operation and capital expenditures of the authority.
(2) Calculate the tax levy necessary to provide money for the operating expenditures necessary to carry out the powers, duties, and functions of the authority together with any capital expenditures that are included in the annual budget.
(b) The budget shall be prepared and submitted at the same time and in the same manner as provided by the statutes relating to the preparation of budgets by cities. The budget is subject to the same review by the department of local government finance as under the statutes relating to budgets of cities.
(c) The budgets and the tax levies are subject to review and modification by the fiscal body of a city and county within the district in the same manner as the budgets and tax levies of the executive departments of the city.
[Pre-1995 Recodification Citation: 13-2-31-24.]
As added by P.L.1-1995, SEC.20. Amended by P.L.90-2002, SEC.372; P.L.257-2019, SEC.84.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-47. Assessment and Collection of Tax Levies

Sec. 47. The county treasurer shall assess and collect the tax levy as finally approved by the department of local government finance as other taxes are levied and collected. The county treasurer shall remit all taxes so collected to the treasurer of the authority.
[Pre-1995 Recodification Citation: 13-2-31-25.]
As added by P.L.1-1995, SEC.20. Amended by P.L.90-2002, SEC.373.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-48. Cumulative Building Fund

Sec. 48. (a) The board may provide a cumulative building fund in compliance with IC 6-1.1-41 to provide for the erection of:
(1) levees, gates, and pumping stations; or
(2) other facilities or the addition to or improvement of the facilities on the levees;
needed to carry out this chapter.
(b) In compliance with IC 6-1.1-41, the board may levy a property tax not to exceed sixty-seven hundredths of one cent ($0.0067) on each one hundred dollars ($100) of taxable property within the district. As the tax is collected, the tax may be invested in negotiable United States bonds or other securities that the federal government has the direct obligation to pay.
(c) Any money of the cumulative building fund not invested in government obligations shall be withdrawn from the cumulative building fund in the same manner as money is regularly withdrawn from a general fund but without further or additional appropriation.
[Pre-1995 Recodification Citation: 13-2-31-26.]
As added by P.L.1-1995, SEC.20. Amended by P.L.17-1995, SEC.13; P.L.6-1997, SEC.159.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-49. Board of Finance

Sec. 49. The board shall act as a board of finance under the statutes relating to the deposit of public money by municipal corporations.
[Pre-1995 Recodification Citation: 13-2-31-27.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-50. Public Purpose

Sec. 50. The acquiring, establishment, construction, improvement, equipment, maintenance, control, and operation of levees under this chapter are declared to be:
(1) a governmental function of general public necessity and benefit; and
(2) for the use and general welfare of all the people of Indiana as well as of the people residing in the district.
[Pre-1995 Recodification Citation: 13-2-31-29.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-51. Expenses

Sec. 51. All expenses incurred by the board necessary to be paid before the collection of taxes levied under this chapter shall be met and paid in the following manner:
(1) The board shall periodically certify items of expense to the controller of the city directing the controller to pay the amounts. The controller shall draw a warrant that shall be paid out of the general money of the city not appropriated without special appropriation being made by the city fiscal body or approval of any other body.
(2) If there is not unappropriated general money of the city, the controller shall recommend to the city fiscal body the temporary transfer from other money of the city of a sufficient amount to meet the items of expense or the making of a temporary loan for this purpose. The city fiscal body shall immediately make the transfer or authorize the temporary loan in the same manner that other transfers and temporary loans are made by the city. The amount advanced by the city may not exceed fifty thousand dollars ($50,000), and the fund of the city from which the advancement is made shall be fully reimbursed and repaid by the authority out of the first proceeds of the taxes levied under this chapter. Money advanced by the city may not be used in the acquisition of real property.
[Pre-1995 Recodification Citation: 13-2-31-30.]
As added by P.L.1-1995, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 6. Levee Authority in Vanderburgh County › 14-27-6-52. Repealed

[Pre-1995 Recodification Citation: 13-2-31-31.]
As added by P.L.1-1995, SEC.20. Repealed by P.L.195-2014, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-1. "Owner" Defined

Sec. 1. As used in this chapter, "owner" means an individual, a firm, a partnership, a copartnership, a lessee, an association, a corporation, an executor, an administrator, a trustee, the state, an agency of the state, a municipal corporation, a political subdivision of the state, a legal entity, a drainage district, a levee district, a conservancy district, any other district established by law, or any other person who has a right, a title, or an interest in or to the property upon which the levee, dike, or floodwall and appurtenant works is located.
[Pre-1995 Recodification Citation: 13-2-20-1(2).]
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-2. Maintenance and Repair

Sec. 2. The owner of a levee, dike, or floodwall and appurtenant works shall maintain and keep the structures and appurtenant works in the state of repair and operating condition required by the following:
(1) The exercise of prudence.
(2) Due regard for life or property.
(3) The application of sound and accepted engineering principles.
[Pre-1995 Recodification Citation: 13-2-20-2.]
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-3. Powers and Duties of Department

Sec. 3. The department:
(1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of levees, dikes, floodwalls, and appurtenant works in, on, or along the rivers and streams of Indiana;
(2) shall exercise care to see that the dikes, floodwalls, levees, and appurtenances are maintained in a good and sufficient state of repair and operating condition to fully perform the intended purpose;
(3) may adopt rules under IC 4-22-2 for maintenance and operation that are necessary for the purposes of this chapter; and
(4) may vary the standards for maintenance and operation, giving due consideration to the following:
(A) The type and location of the dike, floodwall, levee, or appurtenance.
(B) The hazards to which the dike, floodwall, levee, or appurtenance is or may be exposed.
(C) The peril to life or property if the dike, floodwall, levee, or appurtenance fails to perform the structure's function.
[Pre-1995 Recodification Citation: 13-2-20-3.]
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-4. Engineering Inspections

Sec. 4. (a) The department shall make an engineering inspection of all levees, dikes, and floodwalls and appurtenant works:
(1) at least one (1) time every three (3) years or at more frequent intervals if the exigencies of the case require; or
(2) upon the written request of an affected person or agency.
(b) The department shall place in the files of the department a report of each inspection conducted under subsection (a).
(c) This chapter does not apply to the following:
(1) A levee, dike, or floodwall that meets both of the following conditions:
(A) Is under a single private ownership.
(B) Provides protection only to land or other property under the single private ownership.
(2) A dike, floodwall, or levee that is regulated under the federal Mine Safety and Health Act of 1977, unless the dike, floodwall, or levee is proposed to be retained as a permanent structure after bond release.
[Pre-1995 Recodification Citation: 13-2-20-4 part.]
As added by P.L.1-1995, SEC.20. Amended by P.L.75-1998, SEC.4; P.L.148-2002, SEC.9.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-5. Notice of Violation

Sec. 5. If the department finds that a dike, floodwall, levee, or appurtenance is:
(1) not sufficiently strong;
(2) not maintained in a good and sufficient state of repair or operating condition; or
(3) unsafe and dangerous to life or property;
the department shall issue a notice of violation to the owner of the dike, floodwall, levee, or appurtenance under IC 14-25.5-2.
[Pre-1995 Recodification Citation: 13-2-20-4 part.]
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.10; P.L.71-2004, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-6. Emergency Measures to Protect Life and Property

Sec. 6. (a) If at any time the condition of a levee, a dike, a floodwall, or an appurtenance becomes so dangerous to the safety of life and property that, in the opinion of the department there is not sufficient time for the issuance and enforcement of a notice of violation for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal of the dike, floodwall, levee, or appurtenance in the manner provided in this chapter, the department may immediately take the measures that are essential to provide emergency protection to life and property.
(b) The department may recover the cost of the emergency measures from the owner by appropriate legal action.
[Pre-1995 Recodification Citation: 13-2-20-5.]
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-7. Violations

Sec. 7. An owner who knowingly fails to effect the maintenance, alteration, repair, reconstruction, change in construction or location, or removal within the time limit set forth in the notice of violation of the department under:
(1) section 5 of this chapter; or
(2) IC 13-2-20-4 (before its repeal);
commits a Class B infraction. Every day of failure constitutes a separate infraction.
[Pre-1995 Recodification Citation: 13-2-20-6.]
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.12; P.L.71-2004, SEC.12.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-8. Right of Entry Upon Premises

Sec. 8. The department and the department's agents, engineers, and other employees may, for the purposes of determining the department's jurisdiction and performing the engineering inspections provided in section 4 of this chapter, enter upon any land or water in Indiana without liability for trespass. The owner of a levee, dike, or floodwall and appurtenant works shall do the following:
(1) Cooperate with the department and the department's agents, engineers, and other employees in the conduct of the inspections.
(2) Facilitate access to the dike, floodwall, levee, or appurtenance.
(3) Furnish upon request the plans, specifications, operating and maintenance data, or other information that is pertinent to the dike, floodwall, levee, or appurtenance.
[Pre-1995 Recodification Citation: 13-2-20-7.]
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7. Regulation of Levees, Dikes, and Floodwalls › 14-27-7-9. Exemption of Department From Liability

Sec. 9. This chapter does not create a liability for damages against the department or the department's officers, agents, and employees caused by or arising out of any of the following:
(1) The construction, maintenance, operation, or failure of a levee, dike, or floodwall and appurtenant works.
(2) The issuance and enforcement of a notice of violation or a rule issued by the department to carry out the department's duties.
[Pre-1995 Recodification Citation: 13-2-20-8.]
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.14.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-1. Applicability

Sec. 1. This chapter does not apply to a dam that is regulated by the Federal Energy Regulatory Commission or owned by the Army Corps of Engineers.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-2. "Low Head Dam"

Sec. 2. As used in this chapter, "low head dam" means a manmade in-channel structure in a watercourse that is capable of generating hazardous recirculating currents that pose a risk to public health and safety and causes the watercourse to have a vertical drop of twenty-five (25) feet or less. The term does not include:
(1) a dam with a downstream structure in place to dissipate the hydraulic energy of the water past the crest of the dam; or
(2) ramped impoundments which drop at slopes of five percent (5%) or flatter.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-3. "Roster"

Sec. 3. As used in this chapter, "roster" refers to the roster of low head dams adopted under section 4 of this chapter.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-4. Duties of Commission

Sec. 4. (a) Not later than July 1, 2021, the commission shall adopt a roster of low head dams located in the state that are capable of creating hazardous currents that pose safety issues to swimmers, waders, or boaters. The roster must be updated periodically.
(b) The roster of low head dams must include the following information:
(1) The location of the low head dam.
(2) To the extent feasible, the name of each low head dam owner. If an owner cannot be identified, the roster must list the owner as unknown.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-5. Duties of Department

Sec. 5. The department shall do the following:
(1) Establish warning standards for low head dams that are on the roster.
(2) Provide information on low head dam safety.
(3) Provide contact information for the department so that a low head dam owner can discuss options for low head dam removal or modification.
(4) Not more than ninety (90) days after the commission adopts a roster, notify each identified owner of a low head dam on the roster by certified mail of the requirements for a low head dam under this chapter.
(5) Not more than ninety (90) days after the department receives information of a new owner of a low head dam on the roster, notify the new owner by certified mail of the requirements for a low head dam under this chapter.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-6. Duties of Owner

Sec. 6. A person who owns a low head dam that is on the roster shall do the following:
(1) Except as provided in section 7 of this chapter, comply with the warning standards established by the department under section 5(1) of this chapter.
(2) Inform the department of any change of ownership of the low head dam not more than thirty (30) days after the change.
(3) Except for a low head dam owned by the state, maintain general liability insurance, with a general aggregate limit of not less than one million dollars ($1,000,000), to cover claims from injuries and death that the low head dam may cause, and before July 1 of each year provide the department with proof of insurance.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-7. Exemption for Certain Owners

Sec. 7. A person who owns at least two (2) low head dams is exempted from the requirements under section 6(1) of this chapter if:
(1) that person has previously installed warning signs in coordination with the department; and
(2) that person maintains and repairs the signs that exist.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-8. Damage or Breach; Duty to Notify; Inspections; Right of Entry Upon Premises

Sec. 8. (a) The owner of a low head dam that is on the roster and that has been damaged or breached shall notify the department within four (4) business days of becoming aware of the damage or breach.
(b) The department and the department's agents, engineers, geologists, and other employees may, for purposes of conducting an assessment of the low head dam that has been reported as damaged or breached, enter upon any land or water in Indiana without liability for trespass. The owner of the low head dam shall do the following:
(1) Cooperate with the department and the department's agents, engineers, geologists, and other employees in the conduct of the assessment.
(2) Facilitate access to the low head dam.
(c) After the low head dam has been assessed under subsection (b), the department shall provide a written report to each owner of the low head dam.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-9. Prohibited Acts

Sec. 9. (a) A person may not access a low head dam or wade, boat, swim, or access the waters within fifty (50) feet of the low head dam when warning signs are present.
(b) Notwithstanding subsection (a), a person who is performing:
(1) an assessment, inspection, or maintenance on or removal of a low head dam with the written permission of the owner; or
(2) duties of the department;
is exempt from this section.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-10. Title Searches by Department

Sec. 10. The department may use funds appropriated to the department to perform title searches to determine the owners of existing low head dams.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-11. Department Immunity From Liability

Sec. 11. (a) The state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state.
(b) Nothing in this chapter limits an owner's liability for any damage, loss, or injury that is caused by a low head dam.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-12. Adoption of Rules

Sec. 12. The department may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.104-2020, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 27. Levees, Dams, and Drainage › Chapter 7.3. Low Head Dams › 14-27-7.3-14. Appeal of Administrative Decision or Penalty

Sec. 14. (a) A person may appeal an administrative decision or penalty assessed under this chapter to the commission.
(b) IC 4-21.5 applies to proceedings by the commission under this section.
As added by P.L.104-2020, SEC.3.