IC 36-9-14.5
    Chapter 14.5. County Cumulative Capital Development Fund

IC 36-9-14.5-1
Application of chapter
    Sec. 1. This chapter applies to all counties.
As added by P.L.44-1984, SEC.16.

IC 36-9-14.5-2
Authorization of fund; purpose
    Sec. 2. The county legislative body may establish a cumulativecapital development fund under IC 6-1.1-41 to provide money forany purpose for which property taxes may be imposed within thecounty 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.

IC 36-9-14.5-3
Repealed
    (Repealed by P.L.17-1995, SEC.45.)

IC 36-9-14.5-4
Repealed
    (Repealed by P.L.17-1995, SEC.45.)

IC 36-9-14.5-5
Repealed
    (Repealed by P.L.17-1995, SEC.45.)

IC 36-9-14.5-6
Tax levy; rate of tax
    Sec. 6. (a) Except as provided in subsection (c), the county fiscalbody may provide money for the cumulative capital developmentfund by levying a tax in compliance with IC 6-1.1-41 on the taxableproperty in the county.    (b) The maximum property tax rate that may be imposed forproperty taxes first due and payable during a particular year in acounty in which the county option income tax or the county adjustedgross income tax is in effect on January 1 of that year, depends uponthe number of years the county has previously imposed a tax underthis 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 forproperty taxes first due and payable during a particular year in acounty in which neither the county option income tax nor the countyadjusted gross income tax is in effect on January 1 of that year,depends upon the number of years the county has previously imposeda 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.

IC 36-9-14.5-7
Repealed
    (Repealed by P.L.17-1995, SEC.45.)

IC 36-9-14.5-8
Cumulative capital development fund; transfer between funds;expenditures
    Sec. 8. (a) The tax money collected under this chapter shall beheld in a special fund to be known as the cumulative capitaldevelopment fund.
    (b) In a county having a consolidated city, money may betransferred from the fund to the fund of a department of theconsolidated city responsible for carrying out a purpose for which thecumulative capital development fund was created. The departmentmay not expend any money so transferred until an appropriation ismade and the department may not expend any money so transferredfor operating costs of the department.
    (c) Money held in the cumulative capital development fund maybe spent for purposes other than the purposes stated in section 2 ofthis chapter, if the purpose is to protect the public health, welfare, orsafety in an emergency situation that demands immediate action orto contribute to an authority established under IC 36-7-23. Moneymay be spent under the authority of this subsection only after thecounty executive:
        (1) issues a declaration that the public health, welfare, or safety

is in immediate danger that requires the expenditure of moneyin the fund; or
        (2) certifies in the minutes of the county executive that themoney is contributed to the authority for capital developmentpurposes.
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.