IC 36-9-17
    Chapter 17. Municipal General Improvement Fund

IC 36-9-17-1
Application of chapter
    Sec. 1. This chapter applies to all municipalities.
As added by Acts 1981, P.L.309, SEC.90.

IC 36-9-17-2
Preliminary financing resolution
    Sec. 2. Whenever the works board of a municipality wants toimprove a public way or public place, or to construct, repair, orreconstruct a sidewalk, curb, gutter, sewer, or drain in themunicipality, it shall adopt a preliminary resolution designatingwhether the proposed improvement is to be financed and paid for inthe manner prescribed by this chapter.
As added by Acts 1981, P.L.309, SEC.90.

IC 36-9-17-3
Authorization and composition of fund
    Sec. 3. A municipality may, by ordinance and in compliance withthe procedures for the establishment of a cumulative fund underIC 6-1.1-41, establish a general improvement fund, which shall beused to construct, repair, or improve streets, alleys, sidewalks, curbs,gutters, and sewers. This fund consists of:
        (1) the special assessments collected under this chapter forbenefits to property from constructing, repairing, or improvingstreets, alleys, sidewalks, curbs, gutters, and sewers; and
        (2) any appropriation made from the general fund of themunicipality or from taxes levied by the municipal legislativebody for these purposes.
However, special assessments collected by a municipality under anystatute other than this chapter may not be deposited in the fund.
As added by Acts 1981, P.L.309, SEC.90. Amended by P.L.17-1995,SEC.35.

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Repealed
    (Repealed by P.L.17-1995, SEC.45.)

IC 36-9-17-5
Appropriations; tax levies
    Sec. 5. (a) Subject to tax limitations and to the review ofappropriations and tax levies, the legislative body of a municipalitythat establishes a general improvement fund may appropriate moneyfrom the general fund of the municipality and transfer that money tothe general improvement fund, levy a tax for the benefit and use ofthe general improvement fund in compliance with the procedures fora levy for a cumulative fund under IC 6-1.1-41, or both.
    (b) During the year in which a municipality establishes a general

improvement fund, the municipal legislative body may make anemergency appropriation from the general fund of the municipalityand transfer that appropriation to the general improvement fund inthe manner prescribed by statute for the making of emergencyappropriations.
    (c) Any sum may be appropriated or levied under this section inany one (1) year, but the aggregate sum that may be appropriated andlevied under this section, including emergency appropriations undersubsection (b), may not exceed the equivalent of sixteen andsixty-seven hundredths cents ($0.1667) on each one hundred dollars($100) net taxable valuation of property in the municipality.
As added by Acts 1981, P.L.309, SEC.90. Amended by P.L.17-1995,SEC.36; P.L.6-1997, SEC.222.

IC 36-9-17-6
Limitations on disbursements
    Sec. 6. Disbursements may be made from the generalimprovement fund for any purpose only if benefits are to be:
        (1) assessed against the properties benefited in the mannerprovided by the street and sewer improvement statutes; and
        (2) collected in the manner provided by law for the collectionof Barrett Law assessments, with all interest and penalties paidinto the general fund of the municipality.
As added by Acts 1981, P.L.309, SEC.90.

IC 36-9-17-7
Procedure for awarding contracts; assessments
    Sec. 7. (a) Contracts for public improvements authorized by thischapter shall be let according to the statutes authorizingmunicipalities to make and finance public improvements.
    (b) As soon as any contract for the construction of a publicimprovement has been let, the municipal works board shall:
        (1) carefully compute the entire cost of the project, includingpayments made and to be made to the contractor and allincidental costs, expenses, and damages paid and incurredaccording to law; and
        (2) prepare and make out an assessment roll listing theassessments against the properties benefited.
In determining and fixing the amount of assessments, the giving ofnotice of assessments, the holding of public hearings, and the makingof final determinations, subject to the right of appeal from thosedeterminations, the municipal works board is governed by the streetand sewer improvement statutes.
    (c) Assessments made under this chapter are liens on theproperties benefited from the time of the letting of the contract andshall be collected in the manner provided by law for the collection ofBarrett Law assessments. However, the municipal works board shallfix a period of not more than five (5) years within which theassessments shall be paid. Any property owner liable for anassessment may elect to pay it in annual installments over the period

of time fixed by the municipal works board by executing a waiver inthe manner provided by the street and sewer improvement statutes.
    (d) All payments of assessments and all payments made by themunicipality for public improvements under this chapter shall bemade into the general improvement fund.
As added by Acts 1981, P.L.309, SEC.90.