reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-15. Issuance of Bonds; Purpose; Conditions

Sec. 15. (a) The authority may issue bonds for the purpose of obtaining money to pay the cost of:
(1) acquiring property;
(2) constructing, improving, reconstructing, or renovating one (1) or more local public improvements; or
(3) funding or refunding bonds issued under this chapter or IC 36-7-15.1.
(b) The bonds are payable solely from the lease rentals from the lease of the local public improvement for which the bonds were issued, insurance proceeds, and any other funds pledged or available.
(c) The bonds shall be authorized by a resolution of the board.
(d) The terms and form of the bonds shall either be set out in the resolution or in a form of trust indenture approved by the resolution.
(e) The bonds shall mature within:
(1) fifty (50) years, for bonds issued before July 1, 2008; or
(2) twenty-five (25) years, for bonds issued after June 30, 2008.
(f) The board shall sell the bonds at public or private sale upon such terms as determined by the board.
(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of the acquisition or construction, or both, of local public improvements, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:
(1) planning and development of the facility and all buildings, facilities, structures, and improvements related to it;
(2) acquisition of a site and clearing and preparing the site for construction;
(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the local public improvements suitable for use and operations;
(4) architectural, engineering, consultant, and attorney fees;
(5) incidental expenses in connection with the issuance and sale of bonds;
(6) reserves for principal and interest;
(7) interest during construction and for a period thereafter determined by the board, but in no event to exceed five (5) years;
(8) financial advisory fees;
(9) insurance during construction;
(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement; and
(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, and interest on, the bonds being refunded or refinanced.
As added by P.L.84-1987, SEC.14. Amended by P.L.146-2008, SEC.768.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-16. Issuance of Bonds; Full and Complete Authority; Status

Sec. 16. (a) This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceeding, publication, notice, consent, approval, order, or act by the board of any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to issue any bonds, except as prescribed by this chapter.
(b) Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under Indiana law.
As added by P.L.84-1987, SEC.14. Amended by P.L.42-1993, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-17. Trust Indenture; Provisions

Sec. 17. (a) The authority may secure bonds issued under this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.
(b) The trust indenture may:
(1) pledge or assign lease rentals, receipts, and income from leased local public improvements, but may not mortgage land or local public improvements;
(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the authority and board;
(3) set forth the rights and remedies of bondholders and trustee; and
(4) restrict the individual right of action of bondholders.
(c) Any pledge or assignment made by the authority under this section is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-18. Option to Purchase Leased Property; Bonds

Sec. 18. If the commission exercises its option to purchase leased property, it may issue its bonds as authorized by statute.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-19. Exemption From Taxation; Exception

Sec. 19. All:
(1) property owned by the authority;
(2) revenues of the authority; and
(3) bonds issued by the authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of interest in proceeds;
are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.
As added by P.L.84-1987, SEC.14. Amended by P.L.21-1990, SEC.54; P.L.254-1997(ss), SEC.31; P.L.79-2017, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-20. Validity of Bonds; Contest; Limitations

Sec. 20. Any action to contest the validity of bonds to be issued under this chapter may not be brought after the fifteenth day following:
(1) the receipt of bids for the bonds, if the bonds are sold at public sale; or
(2) the publication one (1) time in a newspaper of general circulation published in the county of notice of the execution and delivery of the contract for the sale of bonds;
whichever occurs first.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-2. "Commission" Defined

Sec. 2. As used in this chapter, "commission" refers to the metropolitan development commission acting as the redevelopment commission of the city, subject to IC 36-3-4-23.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-3. "Department" Defined

Sec. 3. As used in this chapter, "department" refers to the department of metropolitan development of the city, subject to IC 36-3-4-23.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-4. "Improvement and Maintenance Project" Defined

Sec. 4. As used in this chapter, "improvement and maintenance project" refers to activities that are authorized by section 5 of this chapter to be carried out within or in support of an improvement and maintenance district.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-5. Common Theme or Purpose of Project; Activities

Sec. 5. (a) An improvement and maintenance project must have a common theme or purpose that is generally described in the resolution that establishes the improvement and maintenance district.
(b) The project may include, within the improvement and maintenance district, one (1) or more of the following activities:
(1) Construction, remodeling, extension, repair, equipping, operation, and maintenance of the following:
(A) Canal facilities.
(B) Structures and facilities described in IC 36-9-1-2.
(C) Park and recreational facilities described in IC 36-10-1-2.
(D) Storm sewers, bridges, and drains.
(E) Pedestrian skyways.
(2) Acquisition of real property necessary to accomplish the activities described in subdivision (1).
(3) Provision of services necessary to operate the structures and facilities described in subdivision (1).
(4) Purchase or lease of equipment used for police protection, fire protection, or public transportation, and provision of those same services.
(5) Administration or management of the activities listed in subdivisions (1) through (4).
(c) The project may include, outside the improvement and maintenance district, the construction, remodeling, repair, equipping, operation, and maintenance of a below ground drainage pipe that will allow water from the Indiana Central Canal to enter White River. The pipe must be located within an area that is bounded by West Street on the east, Washington Street, Blackford Street, and Maryland Street on the south, White River and Blake Street on the west, and the southern boundary of Military Park (projected west from West Street to Blake Street) on the north.
(d) An improvement and maintenance project may include capital improvement activities, maintenance activities, or both.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.44.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-6. Requests for Resolutions Establishing Districts

Sec. 6. (a) The commission shall consider adopting a resolution establishing an improvement and maintenance district if a request for the resolution is made by:
(1) a petition signed by twenty (20) owners of real property located within the proposed district;
(2) a petition signed by a majority of the owners of real property located within the proposed district; or
(3) the legislative body of the city.
(b) The commission may consider adopting the resolution on its own initiative.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-8. Public Hearings; Published and Mailed Notice

Sec. 8. (a) Before deciding whether to adopt a resolution establishing an improvement and maintenance district, the commission shall hold a public hearing. Notice of the public hearing shall be given by publication in accordance with IC 5-3-1 and by certified mail at least twenty (20) days before the public hearing to all property owners in the proposed district.
(b) Notices that are mailed to the owners must be addressed as the names and addresses appear on the tax duplicates in the records of the county auditor.
(c) The published and mailed notice must contain the following information:
(1) A description of the geographic area to be considered for inclusion in the district.
(2) The general nature of the improvement and maintenance project that would occur within or in support of the district and the estimated annual cost of the project for the first five (5) years.
(3) Any limitation on the amount of the assessment that would be levied in order to defray part or all of the costs of the improvement and maintenance project.
(4) The estimated annual assessment levy needed to defray the costs of part or all of the improvement and maintenance project for the first five (5) years.
(5) The formula proposed to be used for the assessment of special benefits and damages.
(6) The time and place of the hearing during which establishment of the district will be considered and at which owners of real property, or their representatives, may be heard upon the question of the establishment of the district.
(7) The fact that if the district is established, owners of real property in the district will be subject to an assessment of special benefits and damages to defray part or all of the costs of the improvement and maintenance project.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-10. Approval of Resolution by Legislative Body of City; Finality of Resolution

Sec. 10. (a) A resolution of the commission that establishes an improvement and maintenance district must be approved by the legislative body of the city.
(b) After this approval, the resolution is final and conclusive, and no attack may be made challenging the resolution or the establishment of the improvement and maintenance district, the sufficiency of notice, the existence of the improvement and maintenance district, the public utility and benefit of the proposed improvement and maintenance project, that the benefits equal or exceed the estimated cost or limitation on the assessment levy, the appropriateness of the formula to be used for assessing special benefits and damages, the boundaries of the district, or any other matters before the commission, unless an appeal is taken as provided in section 12 of this chapter.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-11. Recording Copy of Resolution

Sec. 11. A copy of the resolution establishing an improvement and maintenance district, certified by the clerk of the legislative body, shall be recorded in the miscellaneous records in the office of the recorder of the county in which the city is located.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-12. Appeals

Sec. 12. Any party aggrieved by a resolution adopted under this chapter may appeal. This appeal must be taken as provided in IC 34-13-6.
As added by P.L.194-1988, SEC.1. Amended by P.L.1-1998, SEC.209.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-13. Amendment of Resolution

Sec. 13. Changes in a resolution governing an improvement and maintenance district may be made by the commission, with the approval of the legislative body. The commission shall follow the procedure for establishment of a district prescribed by this chapter when amending the resolution. However, the content of notices must be appropriate to the nature of the amendment. In considering the amendment, the commission shall use the standards set forth in section 9(b) of this chapter. However, if the improvement and maintenance project is not significantly changed, and if the area of the improvement and maintenance project is not proposed to be changed, it is not necessary to make the determination set forth in section 9(b)(5) of this chapter.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-14. Annual Assessment of Benefits and Damages; Schedule; Limitation on Assessments

Sec. 14. (a) The commission may make an annual assessment of benefits and damages within an improvement and maintenance district for the purpose of defraying part or all of the cost of an improvement and maintenance project. The assessment of benefits and damages must comply with the formula contained in the resolution establishing the district.
(b) The commission shall annually prepare a schedule that describes each parcel of real property in an improvement and maintenance district that it determines to be benefited by the improvement and maintenance project, and states the percentage of the total benefit that is received by each parcel of real property.
(c) The commission may retain or employ qualified personnel for necessary technical or consulting assistance.
(d) After determining under subsection (b) the percentage of benefit that is received by each parcel of real property, the commission shall consider the fiscal needs of the improvement and maintenance district that need to be defrayed by the assessment of special benefits, and shall apply the percentage for each parcel as determined under subsection (b) to the total amount that is to be defrayed by special assessment, and determine the assessment for each parcel.
(e) The total of the assessments established under subsection (d) may not exceed either:
(1) the sum of the amount set out in or proposed for the budget of the improvement and maintenance district; or
(2) the amount of any limitation on the assessment that would be levied as set forth in the resolution that established the improvement and maintenance district.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-15. Districts on Which Development Initiated Between November 1, 1985, and June 30, 1988; Payment of Assessments

Sec. 15. (a) This section applies to a parcel in an improvement and maintenance district on which development is initiated between November 1, 1985, and June 30, 1988, in accordance with a project agreement executed before June 30, 1988, under IC 36-7-15.1 that provides a maximum limitation on the amount of the special benefit assessment that the owner will be obligated to pay.
(b) For those parcels, the department may pay each year to the fund the amount by which the assessment amount on the parcel exceeds the maximum assessment amount specified in the project agreement.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-16. Property Owned by State or Municipal Corporation; Payment of Assessments; Charges; Services as Payment

Sec. 16. (a) If property located within an improvement and maintenance district is owned and used by the state or any municipal corporation, the commission shall determine the amount that would be levied as an assessment for the property under section 14 of this chapter and provide this information to the governor or the executive of the municipal corporation. The state or the municipal corporation may choose to pay an amount equal to the assessment. The state or the municipal corporation shall indicate no later than forty-five (45) days after receiving this information in writing from the commission whether or not it will pay this amount. If it indicates in writing that it will pay this amount, it shall pay the amount. If it does not obligate itself to pay the amount, the department is responsible for payment of this amount. However, the department may charge the state or the municipal corporation:
(1) for expenses incurred in carrying out the improvement and maintenance project on or relative to land owned and used by the state or the municipal corporation; and
(2) a reasonable sum for allowing the introduction into the canal of any geothermal discharge water from properties owned and used by the state or the municipal corporation.
(b) If the department and the state or the municipal corporation do not agree on the amount that should be charged under subsection (a)(1) and (a)(2), the amount shall be determined by a three (3) person committee consisting of a representative of the governor or the executive of the municipal corporation (whichever is involved in the disagreement), a representative of the department, and a third person mutually agreed upon by those two (2) representatives.
(c) If the commission and the state or the municipal corporation agree, the state or the municipal corporation may provide specified services in part or all of the improvement and maintenance district as a substitute for paying part or all of the amount identified under subsection (a).
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-17. Notice of Proposed Assessment; Mailing to Parcel Owner; Hearing on Remonstrance; Finality of Decision; Appeal

Sec. 17. (a) Promptly after determining the proposed assessment for each parcel, the commission shall mail notice (first class postage prepaid) to each owner of property to be assessed. This notice must:
(1) set forth the amount of the proposed assessment;
(2) state that the proposed assessment on each parcel of real property in the improvement and maintenance district is on file and can be seen in the commission's office;
(3) state the time and place where written remonstrances against the assessment may be filed;
(4) set forth the time and place where the commission will hear any owner of assessed real property who has filed a remonstrance before the hearing date; and
(5) state that the commission, after hearing evidence, may increase or decrease, or leave unchanged, the assessment on any parcel.
(b) The notices must be deposited in the mail twenty (20) days before the hearing date. The notices to the owners must be addressed as the names and addresses appear on the tax duplicates and the records of the county auditor.
(c) At the time fixed in the notice, the commission shall hear any owner of assessed real property who has filed a written remonstrance before the date of the hearing. The hearing may be continued from time to time as long as is necessary to hear the owners. The commission may utilize a hearing officer (who may be an employee of the city) to hear evidence regarding any parcel of real property about which a written remonstrance has been filed and to make a written recommendation of decision to the commission.
(d) The commission shall render its decision by increasing, or decreasing, or by confirming each assessment by setting opposite each name, parcel, and proposed assessment, the amount of the assessment as determined by the commission. However, if the total of the assessments exceeds the amount needed, the commission shall make a prorated reduction in each assessment.
(e) The signing of the assessment schedule by a majority of the members of the commission, and the delivery of the schedule to the fiscal officer of the city, constitutes a final and conclusive determination of the benefits or damages, if any, that are assessed. However, any owner who had previously filed a written remonstrance (as provided in this chapter) with the commission, or any owner whose assessment was increased above the amount determined by the formula (whether the owner filed a written remonstrance or not) may appeal. This appeal must be taken as provided in IC 34-13-6, and proceed to trial, hearing, and final judgment as provided in IC 34-13-6 for all parties.
As added by P.L.194-1988, SEC.1. Amended by P.L.1-1998, SEC.210.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-18. Assessment as Lien; Priority

Sec. 18. Each assessment is a lien on the real property that is assessed, second only to taxes levied on that property.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-19. Transmission of Schedule of Assessments; Entry on Tax Duplicates; Collection

Sec. 19. The commission shall annually transmit to the county auditor the schedule of assessments of benefits. The county auditor shall enter the assessments of benefits on the tax duplicates. The county treasurer shall collect and enforce the amount of the assessed benefit in the same manner that property taxes are entered, collected, and enforced.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-20. Notice of Collected Assessments; Credit of Amounts

Sec. 20. The county treasurer shall, between the first and tenth days of each month, notify the commission regarding the amount of the assessment collected during the preceding month. On the date of this notification, the county treasurer shall credit the amounts collected to the improvement and maintenance district fund, as established by this chapter.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-21. Improvement and Maintenance District Fund; Establishment; Deposits and Expenditures

Sec. 21. (a) After an improvement and maintenance district is established under this chapter, the legislative body may establish an improvement and maintenance district fund (referred to in this chapter as the "fund").
(b) The following shall be deposited in the fund:
(1) Money resulting from the assessment levy imposed in accordance with this chapter.
(2) Any appropriation made by the legislative body.
(3) Financial contributions from the state or any municipal corporation received under section 16 of this chapter.
(4) Financial contributions from any source.
(c) Expenditures from the fund may be made only by appropriation of the legislative body.
(d) Money in the fund may not be expended for any activity other than those set forth in the resolution establishing the improvement and maintenance district.
(e) Money in the fund shall be deposited with the depository for other public funds of the city in accordance with the statutes concerning the deposit of public funds, unless they are invested under IC 5-13. All interest collected belongs to the fund.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-22. Powers and Duties of Commission

Sec. 22. (a) The commission is responsible for taking certain official actions that are necessary to carry out an improvement and maintenance project as set forth in the resolution establishing the district or as provided in this chapter.
(b) The commission may, with respect to the improvement and maintenance project or the improvement and maintenance district, do the following:
(1) Sue and be sued.
(2) Adopt administrative procedures and bylaws.
(3) Approve the acquisition of property (real, personal, or mixed) by deed, purchase, lease, condemnation, or otherwise and dispose of it for improvement and maintenance project purposes.
(4) Approve receipt of gifts, donations, bequests, and public trusts, agree to conditions and terms accompanying them, and bind the district to carry them out.
(5) Negotiate and execute contracts required to accomplish the purposes of this chapter.
(6) Approve disbursements from the fund.
(c) The commission may, by resolution, delegate to a city official the authority to approve, where the amount involved is less than five thousand dollars ($5,000), acquisition or disposition of property, disbursements, and contracts.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-23. Duties of Department; Power of Director

Sec. 23. (a) The department shall take all actions necessary to carry out the improvement and maintenance project set forth in the resolution establishing the district.
(b) The director of the department may, with respect to the improvement and maintenance project or the improvement and maintenance district, do the following:
(1) Prepare and submit a budget as required by IC 36-3-6-4(b).
(2) Establish operational procedures.
(3) Approve the hiring and dismissal of personnel, subject to limitations prescribed by law and rules adopted by the mayor.
(4) Delegate to personnel of the department authority to act on the director's behalf.
(5) Assign tasks to employees of the department and supervise the carrying out of those responsibilities.
(6) Approve and execute legal instruments, subject to limitations prescribed by law.
(7) Approve or disapprove disbursement of funds, subject to limitations prescribed by law.
(8) Accept assistance from state or federal agencies for the purposes of this chapter.
(9) Negotiate agreements with an agency of the state, or any of its political subdivisions, or any private company for the rendition of any services, the rental or use of any equipment or facilities, or the joint purchase and use of any equipment or facilities considered proper by the contracting parties for use in the operation, maintenance, or construction of the improvement and maintenance project.
(10) Purchase supplies, materials, and equipment in accordance with law and procedures of the city.
(11) Sell any surplus or unneeded property in accordance with law and procedures of the city.
(12) Exercise other powers necessary to carry out the purposes of the district.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.48.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.5. Improvement and Maintenance District for Indiana Central Canal in Indianapolis › 36-7-15.5-24. Advisory Board

Sec. 24. (a) The commission may establish and select the members of an advisory board to assist the commission in governing the improvement and maintenance district. The commission shall determine:
(1) the size and composition of the board; and
(2) the powers and duties of the board.
(b) More than one-half (1/2) of the members of the board must be property owners in the improvement and maintenance district.
As added by P.L.194-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-2. "Base Assessed Value"

Sec. 2. As used in this chapter, "base assessed value" means the net assessed value of all the taxable property located in a flood control improvement district as finally determined for the assessment date immediately preceding the effective date of the resolution adopted under this chapter establishing the particular district.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-4. "Commission"

Sec. 4. As used in this chapter, "commission" refers to the metropolitan development commission acting as the redevelopment commission of the consolidated city under IC 36-7-15.1.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-6. "Flood Control Works"

Sec. 6. As used in this chapter, "flood control works" includes the following:
(1) The removal of obstructions and accumulated debris from channels of streams.
(2) The clearing and straightening of channels of streams.
(3) The creating of new and enlarged channels of streams, wherever required.
(4) The building, repairing, or maintenance of dikes, levees, retaining walls, or other flood protective works.
(5) The construction of bank protection works for streams.
(6) The establishment of floodways.
(7) Conducting all other activities that are permitted by the federal Flood Control Act and federal Clean Water Act.
The term includes reimbursement to the unit of expenditures made from the unit's storm water fund as set forth in section 17(g)(11) of this chapter. The term also includes reimbursement for debt service payments made from the unit's storm water fund as authorized in an ordinance adopted by the fiscal body of the unit under section 19 of this chapter.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-8. "Special Flood Hazard Property"

Sec. 8. As used in this chapter, "special flood hazard property" means property that on January 1, 2018, is situated in a special flood hazard area as designated by the Federal Emergency Management Agency in which the mandatory purchase of flood insurance may apply.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-9. Board of Public Works; Proposal to Establish a District; Requirements; Public Hearing

Sec. 9. (a) A unit's board of public works may propose to establish a flood control improvement district under this chapter.
(b) A board of public works that proposes to establish a flood control improvement district shall do the following:
(1) Establish the boundaries for the district subject to section 10 of this chapter.
(2) Identify the owner or owners of each parcel of special flood hazard property in the district.
(3) Create a proposed plan for flood control works within the district subject to the requirements of this chapter, including the location, designs, and all necessary specifications for the flood control works.
(c) The board of public works shall hold a public hearing on a proposal to establish a district under this section. The hearing shall be conducted in accordance with IC 5-14-1.5, and notice of the hearing shall be published in accordance with IC 5-3-1. In addition, the board of public works shall mail a copy of the notice to each owner of special flood hazard property within the proposed district. The notice must include the boundaries of the district, a description and location of the proposed flood control works within the district, and the date of the hearing.
(d) At the public hearing under subsection (c), the board of public works shall hear all owners of real property in the proposed district (who appear and request to be heard) upon the questions of:
(1) the identification of the owner's property as special flood hazard property as defined under section 8 of this chapter;
(2) the boundaries of the district; and
(3) the utility and benefit of the proposed plan for the flood control works within the district.
The board of public works shall consider all evidence and objections presented at the hearing and may modify the boundaries of the district, or the proposed plan for flood control works within the district, subject to the requirements of this chapter.
(e) After conducting a public hearing under this section, the board of public works may submit a written recommendation to the commission to establish a district within the boundaries of the unit. A recommendation submitted to the commission under this subsection must include:
(1) the geographic boundaries of the district; and
(2) the proposed plan for the flood control works within the district.
(f) If the board of public works submits a written recommendation to the commission under subsection (e) to establish a district within the boundaries of the unit, then the board of public works shall notify each owner of special flood hazard property within the proposed district of its recommendation and include with the notification a statement of the manner in which each owner of special flood hazard property may participate in public hearings held by the commission as set forth under section 11 of this chapter regarding the designation of a district.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-10. Boundaries of a District

Sec. 10. (a) Only special flood hazard property may be included within the boundaries of a flood control improvement district established under this chapter.
(b) A flood control improvement district may only include those special flood hazard properties that benefit directly from flood control works within the district.
(c) A flood control improvement district may not include any parcel or area of land that is already included in an allocation area under IC 8-22-3.5, IC 36-7-14, IC 36-7-15.1, IC 36-7-30, IC 36-7-30.5, or IC 36-7-32-15.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-12. Appeal Procedures

Sec. 12. (a) A person who files a written remonstrance with the commission under section 11 of this chapter and who is aggrieved by the final action taken may, within ten (10) days after that final action, file with the office of the clerk of the circuit or superior court of the county a copy of the commission's resolution and the person's remonstrance against the resolution, together with the person's bond as provided by IC 34-13-5-7.
(b) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined within thirty (30) days after the time of filing of the appeal. The court shall decide the appeal based on the record and evidence before the commission, not by trial de novo, and may confirm the final action of the commission or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-14. Waiver of Review of an Assessment

Sec. 14. The commission may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds payable from the allocated property taxes.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-15. Payments in Lieu of Property Taxes

Sec. 15. The commission may enter into a written agreement with a taxpayer that owns real property located in an allocation area of the district that is exempt from property tax assessment in which the taxpayer agrees to, in lieu of property taxes, pay to the unit authorized to levy property taxes the amount that would be assessed as taxes on real property of the taxpayer if the property were otherwise subject to valuation and assessment. Such payments in lieu of taxes shall be due and shall bear interest if unpaid, as in the cases of taxes on other property. Payments in lieu of taxes made under this section shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-16. Flood Control Improvement Fund; Uses

Sec. 16. (a) The fiscal officer of the unit shall establish a flood control improvement fund for each flood control improvement district that is established within the jurisdiction of the unit.
(b) The fiscal officer of the unit shall deposit in the fund of a district:
(1) property tax proceeds allocated from the district to the fund under section 13 of this chapter; and
(2) proceeds from the sale of bonds under section 17 of this chapter for flood control works within the boundaries of the district for which the fund is established.
(c) The commission shall administer the fund.
(d) Money in a fund must be used only for flood control works projects within boundaries of the district for which the fund was established as set forth under this chapter.
(e) Money in a fund may be transferred or expended for the purposes set forth in this chapter without further appropriation by the fiscal body of the unit.
(f) Any money remaining in a fund after the expiration of the flood control improvement district under section 20(a) of this chapter shall be transferred to the storm water fund of the unit to be used exclusively to provide for the maintenance and repair of flood control works within the flood control improvement district after its expiration.
As added by P.L.61-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-17. Issuance of Bonds

Sec. 17. (a) The commission may issue bonds for the purpose of construction, replacement, repair, maintenance, or improvement of flood control works within a district established under this chapter, including to reimburse a unit for expenditures made from the unit's storm water fund prior to the bond issuance as set forth in subsection (g)(11).
(b) The bonds are payable solely from:
(1) property tax proceeds allocated to the district's flood control improvement fund under section 13 of this chapter;
(2) other funds available to the commission;
(3) a combination of the methods in subdivisions (1) through (2); or
(4) to the extent that the revenues under subdivisions (1) through (3) are insufficient to pay the debt service on the bonds, from any other revenues available to the unit that established the commission.
(c) The bonds shall be authorized by a resolution of the commission.
(d) The terms and form of the bonds shall be set out either in the resolution or in a form of trust indenture approved by the resolution.
(e) The bonds must mature within twenty-five (25) years.
(f) The commission shall sell the bonds at public or private sale upon such terms as determined by the commission.
(g) All money received from any bonds issued under this chapter shall be applied solely to the payment or reimbursement of the cost of providing flood control works within the flood control improvement district for which the bonds were issued, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:
(1) planning and development of flood control works and all related buildings, facilities, structures, and improvements;
(2) acquisition of a site and clearing and preparing the site for construction;
(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the flood control works suitable for use and operation;
(4) architectural, engineering, consultant, and attorney's fees;
(5) incidental expenses in connection with the issuance and sale of bonds;
(6) reserves for principal and interest;
(7) interest during construction and for a period thereafter determined by the commission;
(8) financial advisory fees;
(9) insurance during construction;
(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement;
(11) reimbursement to the unit that established the commission for expenditures made from the unit's storm water fund for any or all of the purposes in subdivisions (1) through (10) prior to the bond issuance; and
(12) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, for, and interest on, the bonds being refunded or refinanced.
As added by P.L.61-2018, SEC.1. Amended by P.L.10-2019, SEC.135.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.6. Flood Control Improvement Districts › 36-7-15.6-19. Authorization to Reimburse Debt Service Payments on Bonds Made From the Unit's Storm Water Fund

Sec. 19. (a) In lieu of issuing bonds under section 17 of this chapter, the fiscal body of the unit that established the commission may adopt an ordinance to authorize money in a flood control improvement fund of a district to be applied to reimburse debt service payments on bonds made from the unit's storm water fund if the following apply:
(1) The unit has issued bonds for which revenue from the unit's storm water fund is pledged or assigned.
(2) The bonds described in subdivision (1) were issued solely for the purpose of construction, replacement, repair, maintenance, or improvement of flood control works that are located within the district for which the flood control improvement fund was established.
(3) All money received from the bonds described in subdivision (1) is applied solely to the payment of costs of providing flood control works located within the district for which the flood control improvement fund was established.
(4) The bonds described in subdivision (1) must mature within twenty-five (25) years.
(5) Money from the flood control improvement fund must be applied only to reimburse debt service payments made on the bonds described in subdivisions (1) through (4).
(b) Before adopting an ordinance under this section, the fiscal body of the unit must hold at least one (1) public hearing at which testimony about the adoption of the ordinance is allowed.
(c) No reimbursement payments may be made from the flood control improvement fund under this section after the maturity date of the bonds described in subsection (a).
(d) The fiscal body of the unit may not adopt an ordinance to authorize money in the flood control improvement fund of a district to be used for any other purposes not specified in this section.
As added by P.L.61-2018, SEC.1.