IC 36-7-15.5
    Chapter 15.5. Improvement and Maintenance District for IndianaCentral Canal in Indianapolis

IC 36-7-15.5-1
Application of chapter
    Sec. 1. This chapter applies to the city of Indianapolis.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-2
"Commission" defined
    Sec. 2. As used in this chapter, "commission" refers to themetropolitan development commission acting as the redevelopmentcommission of the city, subject to IC 36-3-4-23.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-3
"Department" defined
    Sec. 3. As used in this chapter, "department" refers to thedepartment of metropolitan development of the city, subject toIC 36-3-4-23.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-4
"Improvement and maintenance project" defined
    Sec. 4. As used in this chapter, "improvement and maintenanceproject" refers to activities that are authorized by section 5 of thischapter to be carried out within or in support of an improvement andmaintenance district.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.43.

IC 36-7-15.5-5
Common theme or purpose of project; activities
    Sec. 5. (a) An improvement and maintenance project must havea common theme or purpose that is generally described in theresolution that establishes the improvement and maintenance district.
    (b) The project may include, within the improvement andmaintenance 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 inIC 36-10-1-2.
            (D) Storm sewers, bridges, and drains.
            (E) Pedestrian skyways.
        (2) Acquisition of real property necessary to accomplish theactivities described in subdivision (1).
        (3) Provision of services necessary to operate the structures andfacilities described in subdivision (1).        (4) Purchase or lease of equipment used for police protection,fire protection, or public transportation, and provision of thosesame services.
        (5) Administration or management of the activities listed insubdivisions (1) through (4).
    (c) The project may include, outside the improvement andmaintenance district, the construction, remodeling, repair, equipping,operation, and maintenance of a below ground drainage pipe that willallow water from the Indiana Central Canal to enter White River.The pipe must be located within an area that is bounded by WestStreet on the east, Washington Street, Blackford Street, andMaryland Street on the south, White River and Blake Street on thewest, and the southern boundary of Military Park (projected westfrom West Street to Blake Street) on the north.
    (d) An improvement and maintenance project may include capitalimprovement activities, maintenance activities, or both.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.44.

IC 36-7-15.5-6
Requests for resolutions establishing districts
    Sec. 6. (a) The commission shall consider adopting a resolutionestablishing an improvement and maintenance district if a request forthe resolution is made by:
        (1) a petition signed by twenty (20) owners of real propertylocated within the proposed district;
        (2) a petition signed by a majority of the owners of realproperty located within the proposed district; or
        (3) the legislative body of the city.
    (b) The commission may consider adopting the resolution on itsown initiative.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-7
Resolution establishing district; contents
    Sec. 7. A resolution establishing an improvement andmaintenance district must contain the following information:
        (1) A description of the geographic area to be considered forinclusion in the district. The geographic area consists of the partof the Indiana Central Canal and nearby property that is locatedbetween Washington Street on the south, Interstate Highway 65on the north, Senate Avenue on the east, and West Street andDr. Martin Luther King Jr. Memorial Drive West Drive on thewest.
        (2) The general nature of the improvement and maintenanceproject that would occur within or in support of the district andthe estimated annual cost of the project for the first five (5)years.
        (3) Any limitation on the amount of the assessment that wouldbe levied in order to defray part or all of the costs of theimprovement and maintenance project. This limitation is not

required to be a fixed amount, but may vary according to aschedule or in relation to a specified index that reflects theincrease or decrease in costs of materials, goods, and services.
        (4) The estimated annual assessment levy needed to defray thecost of part or all of the improvement and maintenance projectfor the first five (5) years.
        (5) The formula that would be used to accomplish theassessment of special benefits and damages. This formula:
            (A) must provide that a parcel within the improvement andmaintenance district that is not yet benefited by theimprovement and maintenance district because of the stageof the development of the project will not be assigned apercentage of the total benefit;
            (B) must provide that real property used for public ways,public sidewalks, religious purposes (before March 1, 1988),and public parks, and the canal itself shall be excluded fromassessment;
            (C) must provide that real property which is being usedexclusively for single-family or two-family residence, andhas been continuously used exclusively for that residentialpurpose from March 1, 1988, shall be excluded fromassessment; and
            (D) may include the following components:
                (i) Square footage of the parcel.
                (ii) Square footage of any improvement on the parcel.
                (iii) Length of the parcel adjoining the improvement andmaintenance project.
                (iv) Land use of the parcel.
                (v) Until 1991, the fact that the current use of the parcel isnot significantly benefited by the improvement andmaintenance project.
                (vi) Proximity of the parcel to the improvement andmaintenance project.
                (vii) Accessibility of the parcel to the improvement andmaintenance project.
                (viii) True cash value of the parcel.
                (ix) True cash value of any improvement on the parcel.
                (x) Age of the improvement on the parcel.
                (xi) Other similar factors.
        (6) The fact that if the district is established, owners of realproperty in the district will be subject to an assessment ofspecial benefits and damages to defray part or all of the costs ofthe improvement and maintenance project.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.45.

IC 36-7-15.5-8
Public hearings; published and mailed notice
    Sec. 8. (a) Before deciding whether to adopt a resolutionestablishing an improvement and maintenance district, thecommission shall hold a public hearing. Notice of the public hearing

shall be given by publication in accordance with IC 5-3-1 and bycertified mail at least twenty (20) days before the public hearing toall property owners in the proposed district.
    (b) Notices that are mailed to the owners must be addressed as thenames and addresses appear on the tax duplicates in the records ofthe county auditor.
    (c) The published and mailed notice must contain the followinginformation:
        (1) A description of the geographic area to be considered forinclusion in the district.
        (2) The general nature of the improvement and maintenanceproject that would occur within or in support of the district andthe estimated annual cost of the project for the first five (5)years.
        (3) Any limitation on the amount of the assessment that wouldbe levied in order to defray part or all of the costs of theimprovement and maintenance project.
        (4) The estimated annual assessment levy needed to defray thecosts of part or all of the improvement and maintenance projectfor the first five (5) years.
        (5) The formula proposed to be used for the assessment ofspecial benefits and damages.
        (6) The time and place of the hearing during whichestablishment of the district will be considered and at whichowners of real property, or their representatives, may be heardupon the question of the establishment of the district.
        (7) The fact that if the district is established, owners of realproperty in the district will be subject to an assessment ofspecial benefits and damages to defray part or all of the costs ofthe improvement and maintenance project.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.46.

IC 36-7-15.5-9
Public hearing; determination of questions; adoption, amendment, orrejection of resolution; district boundaries; additional hearing; notice
    Sec. 9. (a) At the public hearing under section 8 of this chapter,the commission shall hear all owners in the proposed district (whoappear and request to be heard) upon the questions of:
        (1) the sufficiency of the notice;
        (2) whether the proposed improvement and maintenance projectis of public utility and benefit;
        (3) whether all of the probable benefits of the proposedimprovement and maintenance project will be equal to orexceed the estimated cost of the project or any limitation on theamount of the levy, whichever is less;
        (4) whether the formula to be used for the assessment of specialbenefits and damages is appropriate; and
        (5) whether the district contains all, or more or less than all, ofthe property specially benefited or damaged by the proposedproject.    (b) After the public hearing (which may be adjourned from timeto time without further notice), the commission shall make adetermination on the following questions:
        (1) Whether the required notice was given.
        (2) Whether the proposed improvement and maintenanceproject is of public utility and benefit.
        (3) Whether all of the probable benefits of the proposed projectwill equal or exceed the estimated cost of the project or anylimitation on the amount of the assessment levy, whichever isless.
        (4) Whether the formula to be used for the assessment of specialbenefits and damages is appropriate.
        (5) Whether the proposed improvement and maintenancedistrict contains all, or more, or less than all, of the realproperty specially benefited or damaged by the proposedproject.
    (c) If the commission resolves affirmatively on questions (1)through (4) in subsection (b) and determines that the proposeddistrict contains all of the real property specially benefited ordamaged, and does not contain real property not specially benefitedor damaged, then it shall adopt the resolution establishing the districtwith the boundaries described in the resolution.
    (d) If the commission resolves negatively on question (1), (2), (3),or (4) in subsection (b), it may amend the resolution, issue additionalnotice, and hold further proceedings as it considers proper, or thecommission may reject the resolution.
    (e) If the commission resolves affirmatively on questions (1)through (4) in subsection (b) and determines that real property notspecially benefited or damaged has been included within theproposed boundaries, then it shall redefine the boundaries of theproposed district and include only the real property that is speciallybenefited or damaged, and shall establish the district with theboundaries as redefined.
    (f) If the commission resolves affirmatively on questions (1)through (4) in subsection (b) and determines that either:
        (1) all of the real property specially benefited or damaged hasnot been included within the proposed boundaries; or
        (2) all of the real property specially benefited or damaged hasnot been included within the proposed boundaries, and somereal property has been included which is not specially benefitedor damaged;
then it shall fix a date for an additional hearing. Notice of theadditional hearing shall be given by publication in accordance withIC 5-3-1 and by certified mail at least twenty (20) days before thehearing to the owners in an area proposed to be added to the districtthat was not included in the initial petition. The notice must describethe proposed revised boundaries. At the additional hearing, allowners of real property or their representatives within the proposeddistrict boundaries, as revised, may be heard, after which thecommission shall adopt its resolution on establishment of the

improvement and maintenance district.
    (g) Adoption of a resolution under this section constitutes noticeto all owners who have appeared, or who have been notified of theproceedings, as provided in this section, that their property will besubject to an assessment of special benefits and damages as providedin this chapter.
As added by P.L.194-1988, SEC.1.

IC 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 animprovement and maintenance district must be approved by thelegislative body of the city.
    (b) After this approval, the resolution is final and conclusive, andno attack may be made challenging the resolution or theestablishment of the improvement and maintenance district, thesufficiency of notice, the existence of the improvement andmaintenance district, the public utility and benefit of the proposedimprovement and maintenance project, that the benefits equal orexceed the estimated cost or limitation on the assessment levy, theappropriateness of the formula to be used for assessing specialbenefits and damages, the boundaries of the district, or any othermatters before the commission, unless an appeal is taken as providedin section 12 of this chapter.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-11
Recording copy of resolution
    Sec. 11. A copy of the resolution establishing an improvement andmaintenance district, certified by the clerk of the legislative body,shall be recorded in the miscellaneous records in the office of therecorder of the county in which the city is located.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-12
Appeals
    Sec. 12. Any party aggrieved by a resolution adopted under thischapter may appeal. This appeal must be taken as provided inIC 34-13-6.
As added by P.L.194-1988, SEC.1. Amended by P.L.1-1998,SEC.209.

IC 36-7-15.5-13
Amendment of resolution
    Sec. 13. Changes in a resolution governing an improvement andmaintenance district may be made by the commission, with theapproval of the legislative body. The commission shall follow theprocedure for establishment of a district prescribed by this chapterwhen amending the resolution. However, the content of notices mustbe appropriate to the nature of the amendment. In considering the

amendment, the commission shall use the standards set forth insection 9(b) of this chapter. However, if the improvement andmaintenance project is not significantly changed, and if the area ofthe improvement and maintenance project is not proposed to bechanged, it is not necessary to make the determination set forth insection 9(b)(5) of this chapter.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-14
Annual assessment of benefits and damages; schedule; limitation onassessments
    Sec. 14. (a) The commission may make an annual assessment ofbenefits and damages within an improvement and maintenancedistrict for the purpose of defraying part or all of the cost of animprovement and maintenance project. The assessment of benefitsand damages must comply with the formula contained in theresolution establishing the district.
    (b) The commission shall annually prepare a schedule thatdescribes each parcel of real property in an improvement andmaintenance district that it determines to be benefited by theimprovement and maintenance project, and states the percentage ofthe total benefit that is received by each parcel of real property.
    (c) The commission may retain or employ qualified personnel fornecessary technical or consulting assistance.
    (d) After determining under subsection (b) the percentage ofbenefit that is received by each parcel of real property, thecommission shall consider the fiscal needs of the improvement andmaintenance district that need to be defrayed by the assessment ofspecial benefits, and shall apply the percentage for each parcel asdetermined under subsection (b) to the total amount that is to bedefrayed by special assessment, and determine the assessment foreach 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 budgetof the improvement and maintenance district; or
        (2) the amount of any limitation on the assessment that wouldbe levied as set forth in the resolution that established theimprovement and maintenance district.
As added by P.L.194-1988, SEC.1.

IC 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 improvementand maintenance district on which development is initiated betweenNovember 1, 1985, and June 30, 1988, in accordance with a projectagreement executed before June 30, 1988, under IC 36-7-15.1 thatprovides a maximum limitation on the amount of the special benefitassessment that the owner will be obligated to pay.    (b) For those parcels, the department may pay each year to thefund the amount by which the assessment amount on the parcelexceeds the maximum assessment amount specified in the projectagreement.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-16
Property owned by state or municipal corporation; payment ofassessments; charges; services as payment
    Sec. 16. (a) If property located within an improvement andmaintenance district is owned and used by the state or any municipalcorporation, the commission shall determine the amount that wouldbe levied as an assessment for the property under section 14 of thischapter and provide this information to the governor or the executiveof the municipal corporation. The state or the municipal corporationmay choose to pay an amount equal to the assessment. The state orthe municipal corporation shall indicate no later than forty-five (45)days after receiving this information in writing from the commissionwhether or not it will pay this amount. If it indicates in writing thatit will pay this amount, it shall pay the amount. If it does not obligateitself to pay the amount, the department is responsible for paymentof this amount. However, the department may charge the state or themunicipal corporation:
        (1) for expenses incurred in carrying out the improvement andmaintenance project on or relative to land owned and used bythe state or the municipal corporation; and
        (2) a reasonable sum for allowing the introduction into the canalof any geothermal discharge water from properties owned andused by the state or the municipal corporation.
    (b) If the department and the state or the municipal corporation donot 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 orthe executive of the municipal corporation (whichever is involved inthe disagreement), a representative of the department, and a thirdperson mutually agreed upon by those two (2) representatives.
    (c) If the commission and the state or the municipal corporationagree, the state or the municipal corporation may provide specifiedservices in part or all of the improvement and maintenance district asa substitute for paying part or all of the amount identified undersubsection (a).
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-17
Notice of proposed assessment; mailing to parcel owner; hearing onremonstrance; finality of decision; appeal
    Sec. 17. (a) Promptly after determining the proposed assessmentfor each parcel, the commission shall mail notice (first class postageprepaid) 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 realproperty in the improvement and maintenance district is on fileand can be seen in the commission's office;
        (3) state the time and place where written remonstrances againstthe assessment may be filed;
        (4) set forth the time and place where the commission will hearany owner of assessed real property who has filed aremonstrance before the hearing date; and
        (5) state that the commission, after hearing evidence, mayincrease or decrease, or leave unchanged, the assessment on anyparcel.
    (b) The notices must be deposited in the mail twenty (20) daysbefore the hearing date. The notices to the owners must be addressedas the names and addresses appear on the tax duplicates and therecords of the county auditor.
    (c) At the time fixed in the notice, the commission shall hear anyowner of assessed real property who has filed a written remonstrancebefore the date of the hearing. The hearing may be continued fromtime to time as long as is necessary to hear the owners. Thecommission may utilize a hearing officer (who may be an employeeof the city) to hear evidence regarding any parcel of real propertyabout which a written remonstrance has been filed and to make awritten recommendation of decision to the commission.
    (d) The commission shall render its decision by increasing, ordecreasing, or by confirming each assessment by setting oppositeeach name, parcel, and proposed assessment, the amount of theassessment as determined by the commission. However, if the totalof the assessments exceeds the amount needed, the commission shallmake a prorated reduction in each assessment.
    (e) The signing of the assessment schedule by a majority of themembers of the commission, and the delivery of the schedule to thefiscal officer of the city, constitutes a final and conclusivedetermination of the benefits or damages, if any, that are assessed.However, any owner who had previously filed a writtenremonstrance (as provided in this chapter) with the commission, orany owner whose assessment was increased above the amountdetermined by the formula (whether the owner filed a writtenremonstrance or not) may appeal. This appeal must be taken asprovided in IC 34-13-6, and proceed to trial, hearing, and finaljudgment 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.

IC 36-7-15.5-18
Assessment as lien; priority
    Sec. 18. Each assessment is a lien on the real property that isassessed, second only to taxes levied on that property.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-19 Transmission of schedule of assessments; entry on tax duplicates;collection
    Sec. 19. The commission shall annually transmit to the countyauditor the schedule of assessments of benefits. The county auditorshall enter the assessments of benefits on the tax duplicates. Thecounty treasurer shall collect and enforce the amount of the assessedbenefit in the same manner that property taxes are entered, collected,and enforced.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-20
Notice of collected assessments; credit of amounts
    Sec. 20. The county treasurer shall, between the first and tenthdays of each month, notify the commission regarding the amount ofthe assessment collected during the preceding month. On the date ofthis notification, the county treasurer shall credit the amountscollected to the improvement and maintenance district fund, asestablished by this chapter.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-21
Improvement and maintenance district fund; establishment; depositsand expenditures
    Sec. 21. (a) After an improvement and maintenance district isestablished under this chapter, the legislative body may establish animprovement and maintenance district fund (referred to in thischapter as the "fund").
    (b) The following shall be deposited in the fund:
        (1) Money resulting from the assessment levy imposed inaccordance with this chapter.
        (2) Any appropriation made by the legislative body.
        (3) Financial contributions from the state or any municipalcorporation received under section 16 of this chapter.
        (4) Financial contributions from any source.
    (c) Expenditures from the fund may be made only byappropriation of the legislative body.
    (d) Money in the fund may not be expended for any activity otherthan those set forth in the resolution establishing the improvementand maintenance district.
    (e) Money in the fund shall be deposited with the depository forother public funds of the city in accordance with the statutesconcerning the deposit of public funds, unless they are investedunder IC 5-13. All interest collected belongs to the fund.
As added by P.L.194-1988, SEC.1.

IC 36-7-15.5-22
Powers and duties of commission
    Sec. 22. (a) The commission is responsible for taking certainofficial actions that are necessary to carry out an improvement andmaintenance 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 andmaintenance project or the improvement and maintenance district, dothe following:
        (1) Sue and be sued.
        (2) Adopt administrative procedures and bylaws.
        (3) Approve the acquisition of property (real, personal, ormixed) by deed, purchase, lease, condemnation, or otherwiseand dispose of it for improvement and maintenance projectpurposes.
        (4) Approve receipt of gifts, donations, bequests, and publictrusts, agree to conditions and terms accompanying them, andbind the district to carry them out.
        (5) Negotiate and execute contracts required to accomplish thepurposes of this chapter.
        (6) Approve disbursements from the fund.
    (c) The commission may, by resolution, delegate to a city officialthe authority to approve, where the amount involved is less than fivethousand 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.

IC 36-7-15.5-23
Duties of department; power of director
    Sec. 23. (a) The department shall take all actions necessary tocarry out the improvement and maintenance project set forth in theresolution establishing the district.
    (b) The director of the department may, with respect to theimprovement and maintenance project or the improvement andmaintenance 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 tolimitations prescribed by law and rules adopted by the mayor.
        (4) Delegate to personnel of the department authority to act onthe director's behalf.
        (5) Assign tasks to employees of the department and supervisethe carrying out of those responsibilities.
        (6) Approve and execute legal instruments, subject tolimitations prescribed by law.
        (7) Approve or disapprove disbursement of funds, subject tolimitations prescribed by law.
        (8) Accept assistance from state or federal agencies for thepurposes of this chapter.
        (9) Negotiate agreements with an agency of the state, or any ofits political subdivisions, or any private company for therendition of any services, the rental or use of any equipment orfacilities, or the joint purchase and use of any equipment orfacilities considered proper by the contracting parties for use inthe operation, maintenance, or construction of the improvement

and maintenance project.
        (10) Purchase supplies, materials, and equipment in accordancewith law and procedures of the city.
        (11) Sell any surplus or unneeded property in accordance withlaw and procedures of the city.
        (12) Exercise other powers necessary to carry out the purposesof the district.
As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.48.

IC 36-7-15.5-24
Advisory board
    Sec. 24. (a) The commission may establish and select themembers of an advisory board to assist the commission in governingthe improvement and maintenance district. The commission shalldetermine:
        (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 beproperty owners in the improvement and maintenance district.
As added by P.L.194-1988, SEC.1.