CHAPTER 5. FLOOD CONTROL REVOLVING FUND
IC 14-28-5
Chapter 5. Flood Control Revolving Fund
IC 14-28-5-1
"Flood control program" defined
Sec. 1. As used in this chapter, "flood control program" includesthe following:
(1) The removal of obstructions and accumulated debris fromchannels 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 or repairing of dikes, levees, or other floodprotective works.
(5) The construction of bank protection works for streams.
(6) The establishment of floodways.
As added by P.L.1-1995, SEC.21.
IC 14-28-5-2
"Fund" defined
Sec. 2. As used in this chapter, "fund" refers to the flood controlrevolving fund created by this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-5-3
"Governing board" defined
Sec. 3. As used in this chapter, "governing board" means thefollowing:
(1) The legislative body of a county, city, or town.
(2) A board created by law to administer the affairs of a specialtaxing district.
As added by P.L.1-1995, SEC.21.
IC 14-28-5-4
"Local unit" defined
Sec. 4. As used in this chapter, "local unit" means county, city,town, or special taxing district created by law.
As added by P.L.1-1995, SEC.21.
IC 14-28-5-5
Creation of fund
Sec. 5. (a) The flood control revolving fund is created. Loans maybe made from the fund to local units in accordance with this chapterand the rules adopted under this chapter.
(b) Money in the fund does not revert to the state general fund.The fund is a revolving fund to be used exclusively for the purposesof this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-5-6 Administration of fund and chapter
Sec. 6. The administrative control of the fund and theresponsibility for the administration of this chapter are vested in thecommission. The commission may do the following:
(1) Adopt rules under IC 4-22-2 that are considered necessaryby the commission for the proper administration of the fund andthis chapter.
(2) Subject to the approval of the budget committee, employ thepersonnel that are necessary for the efficient administration ofthis chapter.
As added by P.L.1-1995, SEC.21. Amended by P.L.53-2008, SEC.3.
IC 14-28-5-7
Loans to local units; uses and limits
Sec. 7. (a) The commission may make an approved loan from thefund to a local unit. The money loaned is to be used by the local unitfor the purpose of instituting, accomplishing, and administering anapproved flood control program.
(b) The total amount outstanding under loans made under:
(1) this chapter; and
(2) IC 13-2-23 (before its repeal);
to one (1) local unit may not exceed three hundred thousand dollars($300,000).
As added by P.L.1-1995, SEC.21. Amended by P.L.53-2008, SEC.4.
IC 14-28-5-8
Conditions for local unit to administer flood control program
Sec. 8. A local unit may institute, accomplish, and administer aflood control program if the following conditions are met:
(1) The program is authorized and approved by ordinance orresolution enacted by the governing board of the local unit.
(2) The flood control program has been approved by thecommission.
As added by P.L.1-1995, SEC.21. Amended by P.L.53-2008, SEC.5.
IC 14-28-5-9
Loans to local units; conditions
Sec. 9. The commission shall authorize the making of a loan to alocal unit under this chapter only when the following conditionsexist:
(1) An application for the loan has been submitted by the localunit in a verified petition to the commission in the manner andform that the commission directs. The application must state thefollowing:
(A) The need for the flood control program and the need formoney for instituting, accomplishing, and administering theprogram.
(B) A detailed description of the program.
(C) An engineering estimate of the cost of the proposedprogram acceptable to the commission. (D) The amount of money considered to be needed.
(E) Other information that is requested by the commission.
(2) There is a need, as determined by the commission, for theproposed flood control program for the purpose of protectingthe health, safety, and general welfare of the inhabitants of thelocal unit.
(3) The proposed flood control program has been approved bythe commission, if before granting the approval, thecommission determines the following:
(A) That the program:
(i) is based upon sound engineering principles;
(ii) is in the interest of flood control; and
(iii) will accomplish the objectives of flood control.
(B) That for flood control programs involving thereconstruction or repair of existing flood control works that:
(i) in the judgment of the commission, constitutes anunreasonable obstruction or impediment to the properdischarge of flood flows; or
(ii) by virtue of their nature, location, or design, aresubject to frequent damage or destruction;
approval is limited to the work that is necessary to affordemergency protection against actual or threatened damage tolife and property.
(4) The local unit agrees and furnishes assurance, satisfactoryto the commission, that the local unit will operate and maintainthe flood control program, after completion, in a satisfactorymanner.
As added by P.L.1-1995, SEC.21. Amended by P.L.53-2008, SEC.6.
IC 14-28-5-10
Local unit participation in flood control program; costs
Sec. 10. (a) The local unit may:
(1) do work; and
(2) provide labor, equipment, and materials from any source atthe local unit's disposal;
for the flood control program.
(b) The commission may do the following:
(1) Evaluate the participation of the local unit in theaccomplishment of the project.
(2) Compute the participation as a part or all of the share of costthat the local unit is required to pay toward the total cost of theproject for which the loan from the fund is obtained.
(c) Participation authorized under this section must be under thedirection of the governing board.
(d) If cash amounts are included in the local unit's share of totalcost, the amounts shall be provided in the usual and accepted mannerfor the financing of the affairs of the local unit.
(e) Costs of engineering and legal services to the borrower may beregarded as a part of the total cost of the project.
As added by P.L.1-1995, SEC.21. Amended by P.L.53-2008, SEC.7.
IC 14-28-5-11
Loans to local units; priority ratings
Sec. 11. (a) The commission shall determine and ascribe to eachapplicant for a loan a priority rating. The rating must be basedprimarily on the need of the local unit for the proposed flood controlprogram as the need is related to the needs of other applicants forloans. Except as provided in subsection (b):
(1) the local units having the highest priority rating shall begiven first consideration in making loans under this chapter; and
(2) loans shall be made in descending order as shown by thepriority ratings.
(b) If an emergency demands immediate relief from actual orthreatened flood damage, the application made by a local unit for aloan may be considered regardless of a previous priority ratingascribed to the applicant.
As added by P.L.1-1995, SEC.21. Amended by P.L.53-2008, SEC.8.
IC 14-28-5-12
Loans to local units; terms; repayment
Sec. 12. (a) A loan made under this chapter or under IC 13-2-23(before its repeal):
(1) may be made for a period not to exceed ten (10) years; and
(2) bears interest at the rate of three percent (3%) a year.
(b) A local unit receiving a loan under this chapter shall agree torepay the loan in equal annual installments, including interest on theunpaid balance of the loan. The repayments, including interest,become part of the fund and do not revert to the state general fund.However, if a local unit levies a tax as provided in this chapter, thefirst installment of the loan becomes due and payable out of moneyfirst received from the levying and the collection of a tax authorizedunder this chapter. A borrower may prepay a loan in full or in partwithout interest penalty.
As added by P.L.1-1995, SEC.21.
IC 14-28-5-13
Loans to local units; levy of property taxes to repay
Sec. 13. A local unit receiving a loan under:
(1) this chapter; or
(2) IC 13-2-23 (before its repeal);
may levy an annual tax on personal and real property located withinthe geographical limits of the local unit for flood control purposes.The tax is in addition to any other tax authorized by law to be leviedfor flood control purposes. The tax shall be levied at the rate that willproduce sufficient revenue to pay the annual installment and intereston a loan made under this chapter or under IC 13-2-23 (before itsrepeal). The tax at the rate authorized in this section is in addition tothe maximum annual rates prescribed by law.
As added by P.L.1-1995, SEC.21.
IC 14-28-5-14 Loans to local units; default or delinquency
Sec. 14. If a local unit fails to make a payment to the fund or anyother payment required by this chapter or under IC 13-2-23 (beforeits repeal) or is in any way indebted to the fund for an amountincurred or accrued, the state may recover the amount through any ofthe following:
(1) The state may, through the attorney general and on behalf ofthe commission, file a suit in the circuit or a superior court withjurisdiction in the county in which the local unit is located torecover the amount that the local unit owes the fund.
(2) The auditor of state may, after a sixty (60) day writtennotice to the local unit, withhold the payment and distributionof state money that the defaulting local unit is entitled toreceive under Indiana law.
(3) For a special taxing district, upon certification by the auditorof state after a sixty (60) day written notice to the special taxingdistrict, the auditor of each county containing land within thespecial taxing district shall withhold collected tax money for thespecial taxing district and remit the withheld tax money to theauditor of state. The auditor of state shall make a payment to thefund in the name of the special taxing district. Upon eliminationof the delinquency payment, the auditor of state shall certify thefact to the auditors of the counties involved and any additionalwithheld tax money shall be released to the special taxingdistrict.
As added by P.L.1-1995, SEC.21. Amended by P.L.53-2008, SEC.9.
IC 14-28-5-15
Appropriations from state general fund
Sec. 15. There is appropriated annually to the commission fromthe state general fund from money not otherwise appropriated anamount sufficient to administer this chapter, subject to the approvalof the budget committee.
As added by P.L.1-1995, SEC.21.