IC 36-9-16
    Chapter 16. Municipal Cumulative Building or Sinking Fund andCumulative Capital Improvement Fund

IC 36-9-16-1
Application of chapter
    Sec. 1. This chapter applies to all units except townships.
As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988,SEC.4.

IC 36-9-16-2 Version a
Authorization of funds; purposes
    Note: This version of section amended by P.L.113-2010, SEC.152.See also following version of this section amended by P.L.34-2010,SEC.9.
    Sec. 2. (a) A unit may establish a cumulative building or sinkingfund or cumulative capital improvement funds to provide money forone (1) or more of the following purposes:
        (1) To purchase, construct, equip, and maintain buildings forpublic purposes.
        (2) To acquire the land, and any improvements on it, that arenecessary for the construction of public buildings.
        (3) To demolish any improvements on land acquired under thissection, and to level, grade, and prepare the land for theconstruction of a public building.
        (4) To acquire land or rights-of-way to be used as a public wayor other means of ingress or egress to land acquired for theconstruction of a public building.
        (5) To improve or construct any public way or other means ofingress or egress to land acquired for the construction of apublic building.
    (b) In addition to the purposes described in subsection (a), acumulative capital improvement fund may be used to purchase bodyarmor (as defined in IC 36-8-4-4.5(a)) for active members of a policedepartment.
    (c) A municipality may establish a cumulative capitalimprovement fund for a purpose described in IC 6-7-1-31.1.
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.

IC 36-9-16-2 Version b
Authorization of funds; purposes
    Note: This version of section amended by P.L.34-2010, SEC.9.See also preceding version of this section amended by P.L.113-2010,SEC.152.
    Sec. 2. (a) A unit may establish a cumulative building or sinkingfund or cumulative capital improvement funds to provide money forone (1) or more of the following purposes:
        (1) To purchase, construct, equip, and maintain buildings forpublic purposes.        (2) To acquire the land, and any improvements on it, that arenecessary for the construction of public buildings.
        (3) To demolish any improvements on land acquired under thissection, and to level, grade, and prepare the land for theconstruction of a public building.
        (4) To acquire land or rights-of-way to be used as a public wayor other means of ingress or egress to land acquired for theconstruction of a public building.
        (5) To improve or construct any public way or other means ofingress or egress to land acquired for the construction of apublic building.
    (b) In addition to the purposes described in subsection (a), acumulative capital improvement fund may be used to purchase bodyarmor (as defined in IC 35-47-5-13(a)) for active members of apolice 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.
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.34-2010, SEC.9.

IC 36-9-16-3
Cumulative capital improvement fund; additional purposes
    Sec. 3. A unit may establish cumulative capital improvementfunds to provide money for one (1) or more of the followingpurposes:
        (1) To acquire land or rights-of-way to be used for public waysor sidewalks.
        (2) To construct and maintain public ways or sidewalks.
        (3) To acquire land or rights-of-way for the construction ofsanitary 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 thepurchase price of a utility.
        (6) To purchase or lease land, buildings, or rights-of-way for theuse of any utility that is acquired or operated by the unit.
        (7) To purchase or acquire land, with or without buildings, forpark or recreation purposes.
        (8) To purchase, lease, or pay all or part of the purchase priceof motor vehicles for the use of the police or fire department, orboth, including ambulances and firefighting vehicles with thenecessary equipment, ladders, and hoses.
        (9) To retire in whole or in part any general obligation bonds ofthe unit that were issued for the purpose of acquiring orconstructing improvements or properties that would qualify forthe use of cumulative capital improvement funds.
        (10) To purchase or lease equipment and other nonconsumablepersonal property needed by the unit for any publictransportation use.        (11) In a county or a consolidated city, to purchase or leaseequipment to be used to illuminate a public way or sidewalk.
        (12) 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 withcomputer networks or electronic gateways.
            (B) To pay for the services of full-time or part-timecomputer maintenance employees.
            (C) To conduct nonrecurring inservice technology trainingof unit employees.
        (13) 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.
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.

IC 36-9-16-4
Establishment of fund and approval of levy; department of localgovernment finance hearing and action; appeal
    Sec. 4. (a) A cumulative building fund or cumulative capitalimprovement 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 thecumulative building fund or cumulative capital improvement fundshall be given to all taxpayers in the unit before the proposed actionis presented to the department of local government finance forapproval. Notice shall be given by publication of the proposal inaccordance with IC 5-3-1.
    (c) If, after the public hearing, the proposed action is submittedfor approval to the department of local government finance, thedepartment shall require notice of that submission to be given to thetaxing district involved in the manner prescribed by subsection (b).
    (d) Fifty (50) or more taxpayers in the taxing district who will beaffected by the tax rate may, not later than ten (10) days after thepublication of the notice, file with the county auditor a petitionsetting forth their objections to the proposed levy. The county auditorshall immediately certify the petition to the department of localgovernment finance, which, within a reasonable time, shall fix a datefor a hearing on the petition. The hearing shall be held in the countyin which the unit is located. Notice of the hearing shall be given tothe executive of the unit and to the first ten (10) taxpayers whose

names appear upon the petition, by a letter signed by thecommissioner or deputy commissioner of the department of localgovernment finance and sent by mail to the executive and thetaxpayers at their usual place of residence at least five (5) daysbefore the date fixed for the hearing.
    (e) After a hearing upon the proposal, the department of localgovernment finance shall certify its approval, disapproval, ormodification of the proposed tax levy to the auditor of the county inwhich 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 thedepartment of local government finance under subsection (a). Thepetition must be filed in the tax court not more than forty-five (45)days after the department certifies its action under subsection (e).
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.

IC 36-9-16-5
Cumulative building fund; tax levy; appropriations
    Sec. 5. (a) The unit's fiscal body may levy a tax not to exceedthirty-three cents ($0.33) on each one hundred dollars ($100) oftaxable property within the taxing district to provide for a cumulativebuilding fund. The tax may be levied annually for any period not toexceed ten (10) years.
    (b) Appropriations may be made from the cumulative buildingfund for the purposes authorized by this chapter.
As added by Acts 1981, P.L.309, SEC.89. Amended by P.L.199-1988,SEC.8; P.L.6-1997, SEC.220.

IC 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 exceedthirty-three cents ($0.33) on each one hundred dollars ($100) oftaxable property within the taxing district to provide for a cumulativecapital improvement fund. The tax may be levied annually for anyperiod not to exceed ten (10) years and may be decreased orincreased from year to year, except that the tax may not be increasedabove the levy approved by the department of local governmentfinance.
    (b) Surplus money in other accounts of the unit, or other sources,and money acquired from other activities of the unit, or othersources, may, by resolution of the legislative body and with theapproval of the department of local government finance, be added tothe 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 underIC 36-7-23.
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.