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 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.
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Repealed
(Repealed by P.L.17-1995, SEC.45.)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Repealed
(Repealed by P.L.17-1995, SEC.45.)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Repealed
(Repealed by P.L.17-1995, SEC.45.)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 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.
(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 county option income tax or the county adjusted
gross 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 neither the county option income tax nor the county
adjusted gross 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
$0.0133
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Repealed
(Repealed by P.L.17-1995, SEC.45.)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 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.
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 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.
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 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.
(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 county option income tax or the county adjusted
gross 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 neither the county option income tax nor the county
adjusted gross 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
$0.0133
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 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.
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 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.
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 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.
(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 county option income tax or the county adjusted
gross 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 neither the county option income tax nor the county
adjusted gross 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
$0.0133
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 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.
