reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 14. Cumulative Building Fund for County Courthouse › 36-9-14-7. Courthouse Fund; Transfer of Funds to Nonprofit Corporation Maintaining or Renovating Courthouse

Sec. 7. (a) The tax money collected under this chapter shall be held in a special fund to be known as the courthouse fund.
(b) For purposes of this chapter and IC 36-9-14.5, the portion of the property tax levy designated for a courthouse described in section 2(b) of this chapter may be transferred to a nonprofit corporation that has a lease with the county requiring the corporation to maintain or renovate the courthouse. Before appropriated funds may be transferred to a qualified nonprofit corporation, the corporation must submit a plan for the use of the funds to the county fiscal body for its approval. An officer or employee of a corporation who receives funds under this section and knowingly uses the funds for a purpose other than a purpose approved by the fiscal body commits a Level 6 felony.
[Pre-Local Government Recodification Citation: 17-3-83-3 part.]
As added by Acts 1981, P.L.309, SEC.87. Amended by P.L.199-1988, SEC.2; P.L.1-1995, SEC.85; P.L.17-1995, SEC.27; P.L.158-2013, SEC.680.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 14.5. County Cumulative Capital Development Fund › 36-9-14.5-2. Authorization of Fund; Purpose

Sec. 2. The county legislative body may establish a cumulative capital development fund under IC 6-1.1-41 to provide money for any purpose for which property taxes may be imposed within the county under the authority of:
IC 3-11-6-9;
IC 8-16-3;
IC 8-16-3.1;
IC 8-22-3-25;
IC 14-27-6-48;
IC 14-33-14;
IC 16-22-8-41;
IC 16-22-5-2 through IC 16-22-5-15;
IC 36-9-14;
IC 36-9-15;
IC 36-9-16-2;
IC 36-9-16-3;
IC 36-9-27-100; or
IC 36-10-3-21.
As added by P.L.44-1984, SEC.16. Amended by P.L.5-1986, SEC.60; P.L.213-1986, SEC.7; P.L.199-1988, SEC.3; P.L.2-1993, SEC.206; P.L.1-1995, SEC.86; P.L.17-1995, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 14.5. County Cumulative Capital Development Fund › 36-9-14.5-6. Tax Levy; Rate of Tax

Sec. 6. (a) The county fiscal body may provide money for the cumulative capital development fund by levying a tax in compliance with IC 6-1.1-41 on the taxable property in the county. For purposes of this section, a county in which only the county economic development income tax (IC 6-3.5-7, repealed) was in effect on January 1, 2016, is considered a county in which the local income tax is not in effect unless the county increases, after 2015, the allocation of its local income tax revenue to property tax relief, public safety, or certified shares by an amount that is at least equal to the revenue raised from an income tax rate of twenty-five hundredths percent (0.25%).
(b) The maximum property tax rate that may be imposed for property taxes first due and payable during a particular year in a county in which the local income tax is in effect on January 1 of that year, depends upon the number of years the county has previously imposed a tax under this chapter and is determined under the following table:
NUMBER
TAX RATE PER $100
OF YEARS
OF ASSESSED
VALUATION
0
$0.0167
1 or more
$0.0333
(c) The maximum property tax rate that may be imposed for property taxes first due and payable during a particular year in a county in which the local income tax is not in effect on January 1 of that year depends upon the number of years the county has previously imposed a tax under this chapter and is determined under the following table:
NUMBER
TAX RATE PER $100
OF YEARS
OF ASSESSED
VALUATION
0
$0.0133
1 or more
$0.0233
As added by P.L.44-1984, SEC.16. Amended by P.L.17-1995, SEC.29; P.L.146-2008, SEC.791; P.L.197-2016, SEC.149.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 14.5. County Cumulative Capital Development Fund › 36-9-14.5-8. Cumulative Capital Development Fund; Transfer Between Funds; Expenditures

Sec. 8. (a) The tax money collected under this chapter shall be held in a special fund to be known as the cumulative capital development fund.
(b) In a county having a consolidated city, money may be transferred from the fund to the fund of a department of the consolidated city responsible for carrying out a purpose for which the cumulative capital development fund was created. The department may not expend any money so transferred until an appropriation is made and the department may not expend any money so transferred for operating costs of the department.
(c) Money held in the cumulative capital development fund may be spent for purposes other than the purposes stated in section 2 of this chapter, if the purpose is to protect the public health, welfare, or safety in an emergency situation that demands immediate action or to contribute to an authority established under IC 36-7-23. Money may be spent under the authority of this subsection only after the county executive:
(1) issues a declaration that the public health, welfare, or safety is in immediate danger that requires the expenditure of money in the fund; or
(2) certifies in the minutes of the county executive that the money is contributed to the authority for capital development purposes.
As added by P.L.44-1984, SEC.16. Amended by P.L.82-1985, SEC.4; P.L.346-1989(ss), SEC.8; P.L.17-1995, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-1. Application of Chapter

Sec. 1. This chapter applies to all counties.
[Pre-Local Government Recodification Citations: 17-3-84-1 part; 17-3-84.8-1 part.]
As added by Acts 1981, P.L.309, SEC.88.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-2. Authorization of Funds and Tax Levies

Sec. 2. (a) A county fiscal body may establish cumulative building funds under IC 6-1.1-41 or sinking funds in the same manner as cumulative funds are established under IC 6-1.1-41 for the:
(1) construction, repair, remodeling, enlarging, and equipment of:
(A) a county jail; or
(B) a juvenile detention center to be operated under IC 31-31-9;
(2) purchase, lease, or payment of all or part of the purchase price of motor vehicles for the use of a community corrections program; or
(3) in a county having a consolidated city, purchase, lease, or payment of all or part of the purchase price of motor vehicles for the use of the sheriff's department.
(b) The county fiscal body may levy taxes to provide money for:
(1) cumulative building funds established under this chapter in compliance with IC 6-1.1-41; or
(2) sinking funds established under this chapter in the same manner a tax is levied for a cumulative fund under IC 6-1.1-41.
(c) IC 6-1.1-41 applies to a sinking fund under this chapter to the same extent as if the sinking fund was a cumulative fund.
[Pre-Local Government Recodification Citation: 17-3-84-1 part.]
As added by Acts 1981, P.L.309, SEC.88. Amended by P.L.82-1985, SEC.5; P.L.17-1995, SEC.31; P.L.1-1997, SEC.156; P.L.67-2012, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-3. Repealed

[Pre-Local Government Recodification Citation: 17-3-84-2.]
As added by Acts 1981, P.L.309, SEC.88. Amended by P.L.2-1993, SEC.207. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-4. Repealed

[Pre-Local Government Recodification Citation: 17-3-84-3.]
As added by Acts 1981, P.L.309, SEC.88. Amended by Acts 1981, P.L.317, SEC.13. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-5. Repealed

[Pre-Local Government Recodification Citation: 17-3-84-4.]
As added by Acts 1981, P.L.309, SEC.88. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-6. Repealed

[Pre-Local Government Recodification Citation: 17-3-84-5.]
As added by Acts 1981, P.L.309, SEC.88. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-7. Repealed

[Pre-Local Government Recodification Citation: 17-3-84-7.]
As added by Acts 1981, P.L.309, SEC.88. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-8. Repealed

[Pre-Local Government Recodification Citation: 17-3-84-8.]
As added by Acts 1981, P.L.309, SEC.88. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-9. Repealed

[Pre-Local Government Recodification Citation: 17-3-84-6.]
As added by Acts 1981, P.L.309, SEC.88. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15. Cumulative Building Fund, Sinking Fund, and Debt Service Fund for Certain Law Enforcement Purposes › 36-9-15-10. Debt Service Fund; Creation; Purposes; Tax Levy

Sec. 10. (a) The county fiscal body may establish a debt service fund for the payment of:
(1) a debt or other obligation arising out of money borrowed or advanced for a jail that it purchases from the proceeds of a bond issue for capital construction under IC 36-2-6-18; or
(2) a lease to provide capital construction under IC 36-1-10.
(b) The county fiscal body shall levy a tax each year in an amount sufficient to pay all debt service obligations for jails for that year. IC 6-1.1-18.5-8 applies to such a tax levy.
[Pre-Local Government Recodification Citation: 17-3-84.8-1.]
As added by Acts 1981, P.L.309, SEC.88. Amended by P.L.73-1983, SEC.21.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15.5. Municipal Cumulative Capital Development Fund › 36-9-15.5-2. Authorization of Fund; Purpose

Sec. 2. The legislative body of a municipality may establish a cumulative capital development fund under IC 6-1.1-41 to provide money for any purpose for which property taxes may be imposed within the municipality under the authority of:
IC 8-16-3;
IC 8-22-3-25;
IC 14-27-6-48;
IC 14-33-14;
IC 16-23-1-40;
IC 36-8-14;
IC 36-9-4-48;
IC 36-9-16-2;
IC 36-9-16-3;
IC 36-9-16.5;
IC 36-9-17;
IC 36-9-26;
IC 36-9-27-100;
IC 36-10-3-21; or
IC 36-10-4-36.
As added by P.L.44-1984, SEC.17. Amended by P.L.2-1993, SEC.208; P.L.1-1995, SEC.87; P.L.17-1995, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15.5. Municipal Cumulative Capital Development Fund › 36-9-15.5-6. Tax Levy; Rate of Tax

Sec. 6. (a) The municipal fiscal body may provide money for the cumulative capital development fund by levying a tax in compliance with IC 6-1.1-41 on the taxable property in the municipality. For purposes of this section, a county in which only the county economic development income tax (IC 6-3.5-7, repealed) was in effect on January 1, 2016, is considered a county in which the local income tax is not in effect unless the county increases, after 2015, the allocation of its local income tax revenue to property tax relief, public safety, or certified shares by an amount that is at least equal to the revenue raised from an income tax rate of twenty-five hundredths percent (0.25%).
(b) The maximum property tax rate that may be imposed for property taxes first due and payable during a particular year in a municipality that is either wholly or partially located in a county in which the local income tax is in effect on January 1 of that year depends upon the number of years the municipality has previously imposed a tax under this chapter and is determined under the following table:
NUMBER
TAX RATE PER $100
OF YEARS
OF ASSESSED
VALUATION
0
$0.0167
1
$0.0333
2 or more
$0.05
(c) The maximum property tax rate that may be imposed for property taxes first due and payable during a particular year in a municipality that is wholly located in a county in which the local income tax is not in effect on January 1 of that year depends upon the number of years the municipality has previously imposed a tax under this chapter and is determined under the following table:
NUMBER
TAX RATE PER $100
OF YEARS
OF ASSESSED
VALUATION
0
$0.0133
1
$0.0267
2 or more
$0.04
As added by P.L.44-1984, SEC.17. Amended by P.L.17-1995, SEC.33; P.L.146-2008, SEC.792; P.L.197-2016, SEC.150.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 15.5. Municipal Cumulative Capital Development Fund › 36-9-15.5-8. Cumulative Capital Development Fund; Transfer Between Funds; Expenditures

Sec. 8. (a) The tax money collected under this chapter shall be held in a special fund to be known as the cumulative capital development fund.
(b) In a consolidated city, money may be transferred from the fund to the fund of a department of the consolidated city responsible for carrying out a purpose for which the cumulative capital development fund was created. The department may not expend any money so transferred until an appropriation is made and the department may not expend any money so transferred for operating costs of the department.
(c) Money held in the cumulative capital development fund may be spent for purposes other than the purposes stated in section 2 of this chapter, if the purpose is to protect the public health, welfare, or safety in an emergency situation that demands immediate action or to make a contribution to an authority established under IC 36-7-23. Money may be spent under the authority of this subsection only after the executive of the municipality:
(1) issues a declaration that the public health, welfare, or safety is in immediate danger that requires the expenditure of money in the fund; or
(2) certifies in the minutes of the municipal legislative body that the contribution is made to the authority for capital development purposes.
As added by P.L.44-1984, SEC.17. Amended by P.L.82-1985, SEC.6; P.L.346-1989(ss), SEC.9; P.L.17-1995, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 16. Municipal Cumulative Building or Sinking Fund and Cumulative Capital Improvement Fund › 36-9-16-1. Application of Chapter

Sec. 1. This chapter applies to all units except townships.
[Pre-Local Government Recodification Citations: 18-6-1-1 part; 18-6-2-1 part.]
As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 16. Municipal Cumulative Building or Sinking Fund and Cumulative Capital Improvement Fund › 36-9-16-2. Authorization of Funds; Purposes

Sec. 2. (a) A unit may establish a cumulative building or sinking fund or cumulative capital improvement funds to provide money for one (1) or more of the following purposes:
(1) To purchase, construct, equip, and maintain buildings for public purposes.
(2) To acquire the land, and any improvements on it, that are necessary for the construction of public buildings.
(3) To demolish any improvements on land acquired under this section, and to level, grade, and prepare the land for the construction of a public building.
(4) To acquire land or rights-of-way to be used as a public way or other means of ingress or egress to land acquired for the construction of a public building.
(5) To improve or construct any public way or other means of ingress or egress to land acquired for the construction of a public building.
(b) In addition to the purposes described in subsection (a), a cumulative capital improvement fund may be used to purchase body armor (as defined in IC 35-47-5-13(a)) for active members of a police department under:
(1) IC 36-5-7-7;
(2) IC 36-8-4-4.5;
(3) IC 36-8-9-9; and
(4) IC 36-8-10-4.5.
(c) A municipality may establish a cumulative capital improvement fund for a purpose described in IC 6-7-1-31.1.
[Pre-Local Government Recodification Citation: 18-6-1-1 part.]
As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988, SEC.5; P.L.8-2009, SEC.3; P.L.113-2010, SEC.152; P.L.34-2010, SEC.9; P.L.42-2011, SEC.85.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 16. Municipal Cumulative Building or Sinking Fund and Cumulative Capital Improvement Fund › 36-9-16-3. Cumulative Capital Improvement Fund; Additional Purposes

Sec. 3. A unit may establish cumulative capital improvement funds to provide money for one (1) or more of the following purposes:
(1) To acquire land or rights-of-way to be used for public ways or sidewalks.
(2) To construct and maintain public ways or sidewalks.
(3) To acquire land or rights-of-way for the construction of sanitary or storm sewers, or both.
(4) To construct and maintain sanitary or storm sewers, or both.
(5) To acquire, by purchase or lease, or to pay all or part of the purchase price of a utility.
(6) To purchase or lease land, buildings, or rights-of-way for the use of any utility that is acquired or operated by the unit.
(7) To purchase or acquire land, with or without buildings, for park or recreation purposes.
(8) To purchase, lease, or pay all or part of the purchase price of motor vehicles for the use of any combination of the police, a community corrections program, or the fire department, including ambulances and firefighting vehicles with the necessary equipment, ladders, and hoses.
(9) To purchase, lease, or pay all or part of the cost of electronic monitoring equipment used by a state or local community corrections program.
(10) To retire in whole or in part any general obligation bonds of the unit that were issued for the purpose of acquiring or constructing improvements or properties that would qualify for the use of cumulative capital improvement funds.
(11) To purchase or lease equipment and other nonconsumable personal property needed by the unit for any public transportation use.
(12) In a county or a consolidated city, to purchase or lease equipment to be used to illuminate a public way or sidewalk.
(13) The fund may be used for any of the following purposes:
(A) To purchase, lease, upgrade, maintain, or repair one (1) or more of the following:
(i) Computer hardware.
(ii) Computer software.
(iii) Wiring and computer networks.
(iv) Communication access systems used to connect with computer networks or electronic gateways.
(B) To pay for the services of full-time or part-time computer maintenance employees.
(C) To conduct nonrecurring inservice technology training of unit employees.
(14) To purchase body armor (as defined in IC 35-47-5-13(a)) for active members of a police department under:
(A) IC 36-5-7-7;
(B) IC 36-8-4-4.5;
(C) IC 36-8-9-9; and
(D) IC 36-8-10-4.5.
[Pre-Local Government Recodification Citation: 18-6-2-1 part.]
As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.82-1985, SEC.7; P.L.199-1988, SEC.6; P.L.41-2001, SEC.1; P.L.8-2009, SEC.4; P.L.34-2010, SEC.10; P.L.67-2012, SEC.7; P.L.124-2019, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 16. Municipal Cumulative Building or Sinking Fund and Cumulative Capital Improvement Fund › 36-9-16-4. Establishment of Fund and Approval of Levy; Department of Local Government Finance Hearing and Action; Appeal

Sec. 4. (a) A cumulative building fund or cumulative capital improvement fund may be established by a resolution that is:
(1) adopted by the unit's legislative body; and
(2) approved by the department of local government finance.
(b) Notice of the proposed levy to provide money for the cumulative building fund or cumulative capital improvement fund shall be given to all taxpayers in the unit before the proposed action is presented to the department of local government finance for approval. Notice shall be given by publication of the proposal in accordance with IC 5-3-1.
(c) If, after the public hearing, the proposed action is submitted for approval to the department of local government finance, the department shall require notice of that submission to be given to the taxing district involved in the manner prescribed by subsection (b).
(d) Fifty (50) or more taxpayers in the taxing district who will be affected by the tax rate may, not later than ten (10) days after the publication of the notice, file with the county auditor a petition setting forth their objections to the proposed levy. The county auditor shall immediately certify the petition to the department of local government finance, which, within a reasonable time, shall fix a date for a hearing on the petition. The hearing shall be held in the county in which the unit is located. Notice of the hearing shall be given to the executive of the unit and to the first ten (10) taxpayers whose names appear upon the petition, by a letter signed by the commissioner or deputy commissioner of the department of local government finance and sent by mail to the executive and the taxpayers at their usual place of residence at least five (5) days before the date fixed for the hearing.
(e) After a hearing upon the proposal, the department of local government finance shall certify its approval, disapproval, or modification of the proposed tax levy to the auditor of the county in which the unit is located.
(f) A:
(1) taxpayer who signed a petition filed under subsection (d); or
(2) unit against which a petition under subsection (d) is filed;
may petition for judicial review of the final determination of the department of local government finance under subsection (a). The petition must be filed in the tax court not more than forty-five (45) days after the department certifies its action under subsection (e).
[Pre-Local Government Recodification Citations: 18-6-1-2; 18-6-1-3; 18-6-2-2; 18-6-2-3 part; 18-6-16-1 part.]
As added by Acts 1981, P.L.309, SEC.89. Amended by Acts 1981, P.L.317, SEC.14; P.L.199-1988, SEC.7; P.L.90-2002, SEC.512; P.L.256-2003, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 16. Municipal Cumulative Building or Sinking Fund and Cumulative Capital Improvement Fund › 36-9-16-5. Cumulative Building Fund; Tax Levy; Appropriations

Sec. 5. (a) The unit's fiscal body may levy a tax not to exceed thirty-three cents ($0.33) on each one hundred dollars ($100) of taxable property within the taxing district to provide for a cumulative building fund. The tax may be levied annually for any period not to exceed ten (10) years.
(b) Appropriations may be made from the cumulative building fund for the purposes authorized by this chapter.
[Pre-Local Government Recodification Citation: 18-6-1-4.]
As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988, SEC.8; P.L.6-1997, SEC.220.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 16. Municipal Cumulative Building or Sinking Fund and Cumulative Capital Improvement Fund › 36-9-16-6. Cumulative Capital Improvement Fund; Tax Levy; Additions to Fund; Appropriations

Sec. 6. (a) The unit's fiscal body may levy a tax not to exceed thirty-three cents ($0.33) on each one hundred dollars ($100) of taxable property within the taxing district to provide for a cumulative capital improvement fund. The tax may be levied annually for any period not to exceed ten (10) years and may be decreased or increased from year to year, except that the tax may not be increased above the levy approved by the department of local government finance.
(b) Surplus money in other accounts of the unit, or other sources, and money acquired from other activities of the unit, or other sources, may, by resolution of the legislative body and with the approval of the department of local government finance, be added to the cumulative capital improvement fund.
(c) Appropriations may be made:
(1) as provided by law from the cumulative capital improvement fund for purposes of this chapter; or
(2) for a contribution to an authority established under IC 36-7-23.
[Pre-Local Government Recodification Citations: 18-6-2-3 part; 18-6-2-4; 18-6-2-5 part.]
As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988, SEC.9; P.L.346-1989(ss), SEC.10; P.L.6-1997, SEC.221; P.L.90-2002, SEC.513.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 16.5. Municipal Cumulative Street Fund › 36-9-16.5-2. Establishment by Municipality; Purposes

Sec. 2. (a) A municipality may establish a cumulative street fund to provide money for:
(1) the acquisition of rights-of-way for public ways or sidewalks; or
(2) the construction or reconstruction of public ways or sidewalks.
(b) A cumulative street fund may be established by a municipal legislative body through the adoption of a resolution.
As added by Acts 1981, P.L.307, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 16.5. Municipal Cumulative Street Fund › 36-9-16.5-3. Source of Revenues

Sec. 3. (a) Revenues which may be deposited to the cumulative street fund include:
(1) all or part of the revenues from any property tax levy dedicated for road and street purposes;
(2) all or part of the municipality's federal revenue sharing funds; or
(3) other sources by resolution of the municipal legislative body.
(b) Appropriations may be made from the cumulative street fund for the purpose authorized under section 2.
(c) Monies in the cumulative street fund do not revert to the general fund at the end of any fiscal year.
As added by Acts 1981, P.L.307, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17. Municipal General Improvement Fund › 36-9-17-2. Preliminary Financing Resolution

Sec. 2. Whenever the works board of a municipality wants to improve a public way or public place, or to construct, repair, or reconstruct a sidewalk, curb, gutter, sewer, or drain in the municipality, it shall adopt a preliminary resolution designating whether the proposed improvement is to be financed and paid for in the manner prescribed by this chapter.
[Pre-Local Government Recodification Citation: 18-6-3-1 part.]
As added by Acts 1981, P.L.309, SEC.90.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17. Municipal General Improvement Fund › 36-9-17-3. Authorization and Composition of Fund

Sec. 3. A municipality may, by ordinance and in compliance with the procedures for the establishment of a cumulative fund under IC 6-1.1-41, establish a general improvement fund, which shall be used to construct, repair, or improve streets, alleys, sidewalks, curbs, gutters, and sewers. This fund consists of:
(1) the special assessments collected under this chapter for benefits to property from constructing, repairing, or improving streets, alleys, sidewalks, curbs, gutters, and sewers; and
(2) any appropriation made from the general fund of the municipality or from taxes levied by the municipal legislative body for these purposes.
However, special assessments collected by a municipality under any statute other than this chapter may not be deposited in the fund.
[Pre-Local Government Recodification Citation: 18-6-3-2.]
As added by Acts 1981, P.L.309, SEC.90. Amended by P.L.17-1995, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17. Municipal General Improvement Fund › 36-9-17-4. Repealed

[Pre-Local Government Recodification Citations: 18-6-3-3; 18-6-16-1 part.]
As added by Acts 1981, P.L.309, SEC.90. Amended by Acts 1981, P.L.317, SEC.15. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17. Municipal General Improvement Fund › 36-9-17-5. Appropriations; Tax Levies

Sec. 5. (a) Subject to tax limitations and to the review of appropriations and tax levies, the legislative body of a municipality that establishes a general improvement fund may appropriate money from the general fund of the municipality and transfer that money to the general improvement fund, levy a tax for the benefit and use of the general improvement fund in compliance with the procedures for a levy for a cumulative fund under IC 6-1.1-41, or both.
(b) During the year in which a municipality establishes a general improvement fund, the municipal legislative body may make an emergency appropriation from the general fund of the municipality and transfer that appropriation to the general improvement fund in the manner prescribed by statute for the making of emergency appropriations.
(c) Any sum may be appropriated or levied under this section in any one (1) year, but the aggregate sum that may be appropriated and levied under this section, including emergency appropriations under subsection (b), may not exceed the equivalent of sixteen and sixty-seven hundredths cents ($0.1667) on each one hundred dollars ($100) net taxable valuation of property in the municipality.
[Pre-Local Government Recodification Citation: 18-6-3-4 part.]
As added by Acts 1981, P.L.309, SEC.90. Amended by P.L.17-1995, SEC.36; P.L.6-1997, SEC.222.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17. Municipal General Improvement Fund › 36-9-17-6. Limitations on Disbursements

Sec. 6. Disbursements may be made from the general improvement fund for any purpose only if benefits are to be:
(1) assessed against the properties benefited in the manner provided by the street and sewer improvement statutes; and
(2) collected in the manner provided by law for the collection of Barrett Law assessments, with all interest and penalties paid into the general fund of the municipality.
[Pre-Local Government Recodification Citation: 18-6-3-4 part.]
As added by Acts 1981, P.L.309, SEC.90.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17. Municipal General Improvement Fund › 36-9-17-7. Procedure for Awarding Contracts; Assessments

Sec. 7. (a) Contracts for public improvements authorized by this chapter shall be let according to the statutes authorizing municipalities to make and finance public improvements.
(b) As soon as any contract for the construction of a public improvement has been let, the municipal works board shall:
(1) carefully compute the entire cost of the project, including payments made and to be made to the contractor and all incidental costs, expenses, and damages paid and incurred according to law; and
(2) prepare and make out an assessment roll listing the assessments against the properties benefited.
In determining and fixing the amount of assessments, the giving of notice of assessments, the holding of public hearings, and the making of final determinations, subject to the right of appeal from those determinations, the municipal works board is governed by the street and sewer improvement statutes.
(c) Assessments made under this chapter are liens on the properties benefited from the time of the letting of the contract and shall be collected in the manner provided by law for the collection of Barrett Law assessments. However, the municipal works board shall fix a period of not more than five (5) years within which the assessments shall be paid. Any property owner liable for an assessment may elect to pay it in annual installments over the period of time fixed by the municipal works board by executing a waiver in the manner provided by the street and sewer improvement statutes.
(d) All payments of assessments and all payments made by the municipality for public improvements under this chapter shall be made into the general improvement fund.
[Pre-Local Government Recodification Citation: 18-6-3-5.]
As added by Acts 1981, P.L.309, SEC.90.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17.5. Cumulative Township Vehicle and Building Fund › 36-9-17.5-2. Establishment and Purpose

Sec. 2. A township may establish a cumulative township vehicle and building fund under IC 6-1.1-41 to provide money to:
(1) acquire township vehicles;
(2) purchase, construct, equip, and maintain buildings for public purposes;
(3) acquire the land and any improvements on the land that are necessary for the construction of public buildings;
(4) demolish any improvements on land acquired under this section and level, grade, and prepare the land for the construction of a public building;
(5) acquire land or rights-of-way to be used as a public way or other means of ingress or egress to land acquired for the construction of a public building; and
(6) improve or construct any public way or other means of ingress or egress to land acquired for the construction of a public building.
As added by P.L.129-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17.5. Cumulative Township Vehicle and Building Fund › 36-9-17.5-3. Deposit of Revenues

Sec. 3. (a) The following revenues may be deposited in the cumulative township vehicle and building fund:
(1) All or part of the revenues from a property tax levy dedicated for township vehicle and building purposes.
(2) Other sources of revenue specified by resolution of the township legislative body.
(b) Appropriations may be made from the cumulative township vehicle and building fund only for the purposes specified in section 2 of this chapter.
(c) Money in the cumulative township vehicle and building fund does not revert to the township general fund at the end of a township fiscal year.
As added by P.L.129-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17.5. Cumulative Township Vehicle and Building Fund › 36-9-17.5-4. Tax Levied to Provide for Fund

Sec. 4. (a) To provide for the cumulative township vehicle and building fund authorized under this chapter, the legislative body of a township may levy a tax on all taxable property within the township in compliance with IC 6-1.1-41. The tax rate may not exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation of property in the township for property taxes first due and payable before January 1, 2002, or one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed valuation of property in the township for property taxes first due and payable after December 31, 2001.
(b) As the tax is collected, it shall be deposited in a qualified public depository or depositories and held in a special fund known as the cumulative township vehicle and building fund.
As added by P.L.129-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 17.5. Cumulative Township Vehicle and Building Fund › 36-9-17.5-5. Property Tax Levy Limits

Sec. 5. Notwithstanding any other law, the property tax levy limits imposed under IC 6-1.1-18.5-3 apply to property taxes imposed by a township under this chapter. For purposes of computing the property tax levy limit imposed on the township under IC 6-1.1-18.5-3, the township's property tax levy for a particular calendar year includes the levy imposed under this chapter.
As added by P.L.129-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 18. Repealed

[Pre-Local Government Recodification Citations:
36-9-18-1formerly 17-2-89-1 part; 19-8-16-3 part36-9-18-2formerly 17-2-89-1 part; 19-8-16-3 part36-9-18-3formerly 17-2-89-1 part; 19-8-16-3 part36-9-18-4formerly 17-2-89-2; 19-8-16-436-9-18-5formerly 17-2-89-3 part; 19-8-16-5 part36-9-18-6formerly 17-2-89-3 part; 19-8-16-5 part36-9-18-7formerly 17-2-89-5 part; 17-2-89-18 part; 19-8-16-7 part; 19-8-16-23 part36-9-18-8formerly 17-2-89-8; 17-2-89-9; 19-8-16-11; 19-8-16-1236-9-18-9formerly 17-2-89-7; 18-1-18-2; 19-8-16-9 part; 19-8-16-10 part36-9-18-10formerly 19-8-16-10 part36-9-18-11formerly 19-8-16-9 part36-9-18-12formerly 17-2-89-5 part; 17-2-89-10 part; 19-8-16-7 part; 19-8-16-13 part36-9-18-13formerly 17-2-89-6; 19-8-16-836-9-18-14formerly 17-2-89-4; 19-8-16-636-9-18-15formerly 17-2-89-10 part; 19-8-16-13 part36-9-18-16formerly 17-2-89-10 part; 19-8-16-13 part36-9-18-17formerly 17-2-89-12 part; 19-8-16-17 part36-9-18-18formerly 17-2-89-10 part; 17-2-89-12 part; 19-8-16-13 part; 19-8-16-17 part36-9-18-19formerly 17-2-89-16; 19-8-16-21 part36-9-18-20formerly 17-2-89-18 part; 17-2-89-22; 19-8-16-23 part; 19-8-16-2736-9-18-21formerly 17-2-89-23 part; 19-8-16-28 part36-9-18-22formerly 17-2-89-23 part; 17-2-89-24; 19-8-16-28 part; 19-8-16-2936-9-18-23formerly 17-2-89-25 part; 19-8-16-30 part36-9-18-24formerly 17-2-89-26; 19-8-16-3136-9-18-25formerly 17-2-89-20 part; 17-2-89-27; 17-2-89-28 part; 19-8-16-25 part; 19-8-16-32; 19-8-16-33 part; 19-8-16-37 part36-9-18-26formerly 17-2-89-28 part; 19-8-16-33 part36-9-18-27formerly 17-2-89-28 part; 19-8-16-33 part36-9-18-28formerly 17-2-89-11; 17-2-89-17 part; 19-8-16-14; 19-8-16-21 part; 19-8-16-22 part36-9-18-29formerly 17-2-89-29; 19-8-16-3436-9-18-30formerly 17-2-89-32; 19-8-16-37 part36-9-18-31formerly 17-2-89-30; 19-8-16-3536-9-18-32formerly 19-8-16-37 part36-9-18-33formerly 17-2-89-21; 19-8-16-2636-9-18-34formerly 17-2-89-31; 19-8-16-3636-9-18-35formerly 17-2-89-17 part; 19-8-16-22 part36-9-18-36formerly 17-2-89-17 part; 17-2-89-18 part; 19-8-16-22 part; 19-8-16-23 part36-9-18-37formerly 17-2-89-17 part; 17-2-89-18 part; 19-8-16-22 part; 19-8-16-23 part36-9-18-38formerly 17-2-89-19; 19-8-16-2436-9-18-39formerly 17-2-89-20 part; 19-8-16-25 part36-9-18-40formerly 17-2-89-20 part; 19-8-16-25 part36-9-18-41formerly 17-2-89-13; 17-2-89-14; 19-8-16-18; 19-8-16-19; 19-8-16-30 part36-9-18-42formerly 17-2-89-15; 19-8-16-2036-9-18-43formerly 19-8-16-15; 19-8-16-1636-9-18-44formerly 17-2-89-25 part; 19-8-16-30 part36-9-18-45formerly 18-1-6-17.]
Repealed by P.L.98-1993, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 19. Repealed

[Pre-Local Government Recodification Citations:
36-9-19-1formerly 18-6-5-1 part; 18-6-5-29.5 part36-9-19-2formerly 19-6-5-1 part36-9-19-3formerly 18-6-5-2 part36-9-19-4formerly 18-6-5-336-9-19-5formerly 18-6-5-536-9-19-6formerly 18-6-5-2 part; 18-6-5-10 part; 18-6-17-136-9-19-7formerly 18-6-5-6 part; 18-6-5-9 part; 18-6-5-10 part; 19-8-18-136-9-19-8formerly 18-6-5-10 part36-9-19-9formerly 18-6-5-12 part; 19-6-5-13 part36-9-19-10formerly 18-6-5-12 part; 18-6-5-13 part36-9-19-11formerly 18-6-5-13 part36-9-19-12formerly 18-6-5-13 part36-9-19-13formerly 18-6-5-1436-9-19-14formerly 18-6-5-15 part36-9-19-15formerly 18-6-5-15 part36-9-19-16formerly 18-6-5-6 part; 18-6-5-7 part36-9-19-17formerly 18-6-5-7 part36-9-19-18formerly 18-6-5-7 part36-9-19-19formerly 18-6-5-8 part36-9-19-20formerly 18-6-5-8 part36-9-19-21formerly 18-6-5-9 part36-9-19-22formerly 18-6-5-16; 18-6-5-17; 18-6-5-18; 18-6-5-19; 18-6-5-20; 18-6-5-2136-9-19-23formerly 18-6-5-2236-9-19-24formerly 18-6-5-2336-9-19-25formerly 18-6-5-2436-9-19-26formerly 18-6-5-2536-9-19-27formerly 18-6-5-2636-9-19-28formerly 18-6-5-11 part36-9-19-29formerly 18-6-5-11 part36-9-19-30formerly 18-6-5-2736-9-19-31formerly 18-6-5-2936-9-19-32formerly 18-6-5-29.5 part.]
Repealed by P.L.98-1993, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 20. Repealed

[Pre-Local Government Recodification Citations:
36-9-20-1formerly 18-7-13.1-1 part36-9-20-2formerly 18-7-13.1-2 part36-9-20-3formerly 18-7-13.1-2 part; 18-7-13.1-3; 18-7-13.1-536-9-20-4formerly 18-7-13.1-436-9-20-5formerly 18-7-13.1-636-9-20-6formerly 18-7-13.1-8 part36-9-20-7formerly 18-7-13.1-7; 18-7-13.1-8 part36-9-20-8formerly 18-7-13.1-2 part; 18-7-13.1-9 part36-9-20-9formerly 18-7-13.1-9 part36-9-20-10formerly 18-7-13.1-9 part36-9-20-11formerly 18-7-13.1-1036-9-20-12formerly 18-7-13.1-2 part; 18-7-13.1-1136-9-20-13formerly 18-7-13.1-12 part36-9-20-14formerly 18-7-13.1-12 part36-9-20-15formerly 18-7-13.1-1336-9-20-16formerly 18-7-13.1-1436-9-20-17formerly 18-7-13.1-1536-9-20-18formerly 18-7-13.1-1636-9-20-19formerly 18-7-13.1-17.]
Repealed by P.L.98-1993, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 21. Repealed

[Pre-Local Government Recodification Citations:
36-9-21-1formerly 19-2-7-136-9-21-2formerly 19-2-7-3 part; 19-2-7-19 part36-9-21-3formerly 19-2-7-3 part36-9-21-4formerly 19-2-7-4 part36-9-21-5formerly 19-2-7-4 part36-9-21-6formerly 19-2-7-4 part; 19-2-7-5; 19-2-7-636-9-21-7formerly 19-2-7-8 part36-9-21-8formerly 19-2-7-7; 19-2-7-8 part36-9-21-9formerly 19-2-7-1036-9-21-10formerly 19-2-7-19 part36-9-21-11formerly 19-2-7-11 part36-9-21-12formerly 19-2-7-11 part36-9-21-13formerly 19-2-7-11 part; 19-2-7-12 part; 19-2-7-13 part36-9-21-14formerly 19-2-7-13 part36-9-21-15formerly 19-2-7-12 part36-9-21-16formerly 19-2-7-1436-9-21-17formerly 19-2-7-936-9-21-18formerly 19-2-7-15.]
Repealed by P.L.98-1993, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22. Contracts With Property Owners for Sewer Construction by Municipalities › 36-9-22-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities.
[Pre-Local Government Recodification Citation: 19-2-7-16 part.]
As added by Acts 1981, P.L.309, SEC.95.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22. Contracts With Property Owners for Sewer Construction by Municipalities › 36-9-22-3. Sewage Works; Approval of Plans and Specifications Before Construction; Ownership by Municipality; Maintenance and Operation

Sec. 3. (a) Plans and specifications for the sewage works contracted for must be approved by the municipal works board before construction is begun.
(b) Upon their completion, final inspection, and approval the sewage works become the property of the municipality, and the works board may:
(1) approve the construction of the sewage works;
(2) accept sewage from the sewers and pumping stations subject to the sewage rates that the municipality establishes;
(3) operate and maintain the disposal plants subject to the sewage rates that the municipality establishes; and
(4) accept storm water from sewers or approve the location of discharge of storm water.
(c) After the sewage works are approved and accepted by the works board, all further maintenance and operation of them are the responsibility of the municipality.
(d) Subsections (b) and (c) do not apply to lateral sewers or other extensions that, upon completion, become the property and responsibility of the landowners whose property they benefit.
[Pre-Local Government Recodification Citation: 19-2-7-17.]
As added by Acts 1981, P.L.309, SEC.95. Amended by Acts 1982, P.L.77, SEC.21.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22. Contracts With Property Owners for Sewer Construction by Municipalities › 36-9-22-4. Taps Into Sewage Works; Prerequisites; Amounts Received Under Contracts; Pay Out Without Appropriation; Unauthorized Taps; Removal and Disposal Without Liability

Sec. 4. (a) A person may not be granted a permit or be authorized to tap into, use, or deposit sewage into any sewage works contracted for under this chapter, or any extension of them, during the period prescribed in the contract without first:
(1) obtaining the approval of the municipal works board; and
(2) paying to the municipality:
(A) charges made or assessed for the tap, use, or deposit, or for the sewers constructed in connection with the tap, use, or deposit; and
(B) the amount required by the contract.
All amounts received by the municipality under the contract shall be paid out, without appropriation, under the terms of the contract within sixty (60) days after they are received.
(b) Whenever any tap or connection is made in violation of subsection (a), the works board shall:
(1) remove or cause to be removed the unauthorized tap or connection and all connecting tile located in the right-of-way for the sewage works; and
(2) dispose of the unauthorized materials that are removed, without any liability on the part of the municipality.
[Pre-Local Government Recodification Citation: 19-2-7-18.]
As added by Acts 1981, P.L.309, SEC.95.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22. Contracts With Property Owners for Sewer Construction by Municipalities › 36-9-22-5. Sewer Connected to Existing Works; Certain Cases; Amounts to Be Included in Cost Estimate and Assessments; Payment of Assessments in Installments; Amount of Bonds; Cash Payments

Sec. 5. (a) This section applies when:
(1) any part of the cost of a sewer, whether local or general, storm, sanitary, combination, or otherwise, is to be assessed against the owners of real property;
(2) the proposed sewer is to be connected into sewage works constructed under this chapter; and
(3) the owners did not contribute to the cost of those sewage works.
(b) There shall be included in:
(1) the engineer's estimate submitted to the municipal works board before the hearing on the proposed sewer; and
(2) the assessments;
a sum equal to the amount provided in or computed from the contract as the fair pro rata share due from the owners upon and for the contracted sewage works, including any interest owed. The sum included in the engineer's estimate must be separately itemized.
(c) If an owner elects to pay the owner's assessment by installments in anticipation of which bonds and coupons are issued, the amount of the bonds and coupons must include the fair pro rata share of the cost of the contracted sewage works. However, an owner may elect to pay the fair pro rata share in cash within sixty (60) days after the assessment is final and to pay the remainder of the assessment in installments.
[Pre-Local Government Recodification Citation: 19-2-7-19 part.]
As added by Acts 1981, P.L.309, SEC.95. Amended by P.L.127-2017, SEC.312.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22.5. Use of Right-of-Way for Sewer and Water Connections › 36-9-22.5-1. "Qualified Inspector"

Sec. 1. As used in this chapter, "qualified inspector", with respect to an onsite sewage system, means any of the following:
(1) An employee of a local health department who is designated by the local health department as having knowledge of onsite sewage systems sufficient to determine whether an onsite sewage system is failing.
(2) An individual who is certified by the Indiana Onsite Wastewater Professionals Association as an onsite sewage system installer or inspector.
(3) An individual listed by:
(A) the Indiana department of health; or
(B) the local health department with jurisdiction over the service area of the property inspected;
as having sufficient knowledge of onsite sewage systems to determine whether an onsite sewage system is failing.
As added by P.L.150-2019, SEC.2. Amended by P.L.56-2023, SEC.335.