CHAPTER 29. FLOOD CONTROL DISTRICTS IN CERTAIN CITIES
IC 36-9-29
Chapter 29. Flood Control Districts in Certain Cities
IC 36-9-29-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.44, SEC.60.
IC 36-9-29-2
Construction or installation of flood control works; constructionor elevation of highways and bridges
Sec. 2. A city acting under this chapter may:
(1) construct or install the flood control works necessary toexclude, divert, remove, reduce, or prevent flood waters causedby the overflowing of watercourses or by storm or surfacewaters in or about a flood control district established under thischapter; and
(2) construct or elevate highways and bridges necessary toprovide reasonable traffic facilities through or over anystructures constructed as part of the flood control works.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-3
Declaratory resolution; adoption; contents
Sec. 3. (a) Whenever a city works board determines that:
(1) it is necessary for the general welfare, safety, and securityof the city and its inhabitants to carry out any project for theprotection of the city and its inhabitants from floods;
(2) the project cannot be carried out in the best or mosteconomical manner without beneficially or injuriously affectingland or other property located outside the corporate boundariesof the city; and
(3) the required flood control works can best be provided forand maintained by the establishment of a special taxing districtfor that purpose;
it may adopt the declaratory resolution described in subsection (b).
(b) The declaratory resolution must include the following items:
(1) The necessity for providing flood protection for all or partof the city and for all or part of the contiguous territory withinfour (4) miles outside the corporate boundaries of the city,including all or part of any town within the four (4) mile limit.The necessity must be based upon floods that have occurred inthe city and the contiguous territory in the preceding ten (10)years.
(2) The general character of the flood control works that theworks board considers necessary to afford proper protection,and the general location and route of the levees, dikes, retainingwalls, and other structures that the board considers necessary aspart of those works. (3) A general description of the boundaries of the territory thatwill be beneficially affected by the construction of the proposedworks.
(4) A general estimate of the cost of the property that must beacquired for the construction of the proposed works, includingthe estimated amounts of damages to property injuriouslyaffected but not acquired.
(5) A general estimate of the cost of construction andinstallation of the proposed works, based on the availableinformation.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-4
Petition to establish district; procedure
Sec. 4. (a) Upon the adoption of a declaratory resolution undersection 3 of this chapter, the city works board shall file with thecircuit court for the county in which the city is located a petitionrequesting the establishment of a flood control district to include theterritory described in the resolution. A copy of the resolution shall beattached to the petition. The petition shall be docketed in the court asa pending cause, and shall be entitled "In the matter of the city of____________, petition for the establishment of flood controldistrict".
(b) Upon the filing of the petition, the circuit court shall fix a timewhen the petition shall be heard, which may not be less than fifteen(15) nor more than thirty (30) days after the filing. The clerk of thecourt shall publish a notice of the hearing in accordance withIC 5-3-1. The notice must:
(1) contain a brief summary of the petition;
(2) set out the description of the boundaries of the proposeddistrict, as set out in the resolution attached to the petition;
(3) state the time and place fixed for the hearing on the petition;and
(4) advise all interested parties that they may appear and beheard.
(c) The clerk of the circuit court shall certify and send to theattorney general, by registered mail, a copy of the petition, togetherwith a copy of the resolution attached to the petition and a copy ofthe notice of hearing.
(d) After the publication and mailing of the notice, all personshaving any interest in property or highways located in the petitioningcity, or within four (4) miles outside the corporate boundaries of thecity, are conclusively presumed to have notice of the pendency of thepetition and all subsequent proceedings had under the petition.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.45, SEC.87.
IC 36-9-29-5
Court hearing; objections; judgment; dismissal; interlocutoryorder on boundaries; continued hearing Sec. 5. (a) The circuit court shall hear a petition filed undersection 4 of this chapter without a jury. The hearing may becontinued and adjourned from time to time as the court may direct.There may be a change of judge as in civil cases, but no change ofvenue from the county.
(b) All persons affected by the establishment of the proposedflood control district or the construction of the proposed floodcontrol district or the construction of the proposed flood controlworks may file objections showing any reason why:
(1) the district should not be established;
(2) the works should not be constructed; or
(3) their property should or should not be included in theproposed district.
The court shall hear evidence and determine the facts upon theseissues. All objections shall be filed at least two (2) days before thedate fixed for the hearing.
(c) If the court finds that a necessity exists for the establishmentof a flood control district and the construction and installation offlood control works as requested by the petition, the court shallrender judgment accordingly and shall enter a decree establishing thedistrict, describing it in such a manner that the property included init may be sufficiently identified and segregated to permit the levy andcollection of the special taxes provided for by this chapter. There isno appeal from such a judgment, and, after the entry of such adecree, the establishment of the district may not be questioned in anyaction or proceeding, except as otherwise provided by this chapter.
(d) If the court finds that no necessity exists for the establishmentof the flood control district, the proceedings shall be dismissed at thecost of the petitioning city.
(e) If it appears to the court that the boundaries of the floodcontrol district as described in the declaratory resolution should bechanged, or that changes in the flood control works as described inthe declaratory resolution should be made, and that such changes willbeneficially or injuriously affect property that would not have beenso affected by the district and works proposed in the declaratoryresolution, then the court may enter an interlocutory order to thateffect and fix a time for further hearing on the petition.
(f) The date for a hearing under subsection (e) may not be lessthan ten (10) nor more than fifteen (15) days after the order. Thecourt shall direct the clerk of the court to publish a notice of thehearing that sets out a brief summary of the order, including a briefdescription of the changes the court proposes to make in respect tothe boundaries or works. The notice shall be published in accordancewith IC 5-3-1. The notice must state the time and place for thecontinuation of the hearing on the petition, and advise all partiesaffected by the proposed changes that they may appear and be heard.Objections may be filed in the manner prescribed by subsection (a),but must be filed at least two (2) days before the time fixed for thecontinuation of the hearing and must be based solely on the changesproposed to be made. If, at the conclusion of the continued hearing,
the court finds that all or part of the proposed changes should bemade, or that the district should be established and the worksconstructed as provided for in the declaratory resolution, the courtshall render judgment accordingly and enter a decree as providedunder subsection (c).
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.45, SEC.88.
IC 36-9-29-6
Special benefit district; territory included
Sec. 6. (a) If twenty-five percent (25%) or more of the territoryincluded within the corporate boundaries of the city petitioning forthe establishment of a flood control district has been inundated byflood waters during the preceding ten (10) years, then all of theproperty within the corporate boundaries of the city is conclusivelypresumed to be specially benefited and shall be included in thedistrict, except for property that is subject to inundation from floodsand will not be included within or protected by the proposed floodcontrol works.
(b) If twenty-five percent (25%) or more of the territory within thecorporate boundaries of any town included in whole or in part in theflood control district has been inundated by flood waters during thepreceding ten (10) years, then all of the property within the town isconclusively presumed to be specially benefited and shall beincluded in the district, except for property that is subject toinundation and will not be included within or protected by theproposed flood control works.
(c) Territory that:
(1) is outside the corporate boundaries of a municipality; and
(2) lies at an elevation higher than three (3) feet above thehighest flood stage during the preceding ten (10) years;
may be included in a flood control district only if it will be includedwithin or protected by the proposed flood control works.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-7
Special taxing district for flood control purposes; special benefittax
Sec. 7. Upon the entry of a decree under section 5 of this chapter,a flood control district constitutes a special taxing district for floodcontrol purposes. All property in the district is subject to a specialbenefit tax for the purpose of providing money to pay the cost ofconstructing and maintaining the flood control works. The specialbenefit tax, which shall be levied in the manner prescribed by thischapter, constitutes the amount of special benefits accruing toproperty in the district on account of the construction andmaintenance of the works.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-8 Board of commissioners; membership; oath; removal andappointment; compensation; meeting; quorum; powers and duties;conflict of interest
Sec. 8. (a) If a flood control district is established under thischapter, the construction of the flood control works shall be carriedout under the control of a flood control board, to be known as "Boardof Commissioners, ____________ Flood Control District"(designating the name of the city instituting the proceedings for theestablishment of the district).
(b) The flood control board consists of:
(1) the members of the works board of the city petitioning forthe establishment of the flood control district; and
(2) the executive of each town or township included in wholeor in part in the district.
(c) Before entering upon his duties, each commissioner of theflood control board shall take and subscribe the usual oath of office,and shall file it with the clerk of the circuit court.
(d) If any commissioner of the flood control board fails or refusesto qualify, or after qualifying fails or refuses to take part in theproceedings of the board, then the board, by a majority vote, maypetition the circuit court for the appointment of a new commissioner.After a hearing and a showing of cause, the court may remove theoffending commissioner. If the court removes a commissioner, theexecutive of the city shall appoint a new commissioner. The newcommissioner must be a freeholder residing in the part of the districtpreviously represented by the commissioner removed.
(e) Each commissioner of a flood control board is entitled to asalary fixed by the board, subject to the approval of the legislativebody of the city petitioning for the establishment of the flood controldistrict.
(f) Within ten (10) days after the entry of the decree establishingthe flood control district, the commissioners of the flood controlboard shall meet at the office of the works board of the citypetitioning for the establishment of the district, and shall organize byelecting one (1) of their number president and one (1) vice president.These officers shall perform the duties usually pertaining to theiroffices, and shall serve for a period of one (1) year or until theirsuccessors are elected and qualified. The board shall also appoint asecretary pro tempore to keep the records of the proceedings until theboard appoints a permanent secretary. The minutes of the board shallbe kept in a permanent minute book, and the first entry in the bookmust be a copy of the decree establishing the district and fixing itsboundaries.
(g) A majority of the commissioners of the flood control boardconstitutes a quorum for the transaction of any business. If the boardconsists of an even number of commissioners and there is a tie voteon any question, the vote of the president on the question iscontrolling.
(h) The flood control board may:
(1) sue and be sued; (2) exercise the power of eminent domain;
(3) adopt rules governing the holding of regular meetings, thecalling of special meetings, methods of procedure, and similarmatters; and
(4) perform all acts necessary and proper for carrying out thepurposes of the flood control district.
(i) The office of the flood control board shall be maintained at theoffice of the works board of the city petitioning for the establishmentof the district, or at another place furnished by the city. All recordsof the board shall be kept at the office and are public records, opento inspection by the public during business hours.
(j) A commissioner, appointee, or employee of the flood controlboard may not have any direct or indirect interest in any contract letby the board, or in the furnishing of supplies or materials to theboard.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.317, SEC.34; P.L.7-1983, SEC.42.
IC 36-9-29-9
Executive secretary; compensation; bond; duties
Sec. 9. (a) The flood control board shall appoint an executivesecretary. The executive secretary may not be a commissioner of theboard before the completion of the flood control works, but may beafter their completion.
(b) The salary of the executive secretary shall be fixed by theflood control board.
(c) The executive secretary may be required to furnish bond in theamount the flood control board finds necessary. The cost of the bondmay be borne by the district.
(d) The executive secretary:
(1) is the custodian of the records of the district;
(2) shall assist the board in the performance of its duties, asdirected by the board; and
(3) shall certify copies of the official records and files of thedistrict that may be required of him by this chapter, or by anyperson ordering copies and paying the reasonable cost oftranscription.
Certification of a record by the executive secretary is prima facieevidence of the record's accuracy.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.317, SEC.35.
IC 36-9-29-10
District engineer; duties; compensation
Sec. 10. (a) The flood control board shall appoint a districtengineer, who shall perform the duties assigned by the board.
(b) The engineer's compensation shall be fixed by the floodcontrol board. However, when the engineering services areperformed by the engineer of the city, the city engineer may receivethis compensation.As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.317, SEC.36.
IC 36-9-29-11
Attorney; duties; compensation
Sec. 11. (a) The flood control board shall appoint one (1) or moreattorneys, who shall perform the duties assigned by the board.
(b) The compensation of the attorney or attorneys shall be fixedby the board. However, when the legal services are performed by anattorney of the city legal department, that attorney is entitled toreceive this compensation.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.317, SEC.37.
IC 36-9-29-12
Employees; compensation; duties
Sec. 12. The flood control board may employ and fix thecompensation of all the employees necessary to enable it to performits duties under this chapter without undue delay.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-13
Employees; term of employment
Sec. 13. All the employees of a flood control district, includingthe executive secretary, engineer, and attorneys, serve at the pleasureof the flood control board.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-14
County treasurer; duties
Sec. 14. (a) The county treasurer shall act as treasurer of the floodcontrol board and the flood control district. The county treasurershall make all collections of the special benefit taxes levied by theboard, without any additional compensation other than that allowablein the case of the collection of general taxes by the treasurer.
(b) The county treasurer shall give bond in the amount and withthe surety prescribed by the flood control board. The cost of the bondshall be paid out of the revenues of the district.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-15
County auditor; duties
Sec. 15. The county auditor shall include on the tax duplicates forthe county the special benefit taxes levied for the flood controldistrict and shall perform the same duties in connection with the levyand collection of these taxes as are performed for general taxeslevied by any political subdivision in the county.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.317, SEC.38.
IC 36-9-29-16
Federal aid; acceptance; conditions
Sec. 16. (a) The flood control board may, on behalf of the floodcontrol district, accept any legal, engineering, financial, construction,or other aid from the federal government or any other source.
(b) If the federal government agrees to construct or furnish andinstall all or part of the flood control works required by the floodcontrol district, and to furnish the necessary plans and specifications,the flood control board shall accept the offer and adopt the plans andspecifications as its own, unless they do not conform to the decreeestablishing the district.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-17
Use of territory in connection with construction of flood controlworks; authorization
Sec. 17. (a) If the state or a political subdivision has territory thatwill be affected in whole or in part by flood control works, it maygrant to the flood control district the use of any property in which ithas an interest, including its rights in public ways, for use inconnection with the construction of the flood control works, upon theterms agreed upon. Such a grant must be authorized by:
(1) the governor and the state agency having jurisdiction of theproperty, for the state; or
(2) the fiscal body, for a political subdivision.
(b) Grants under this section shall be made in the form of a deedor other written instrument that may be recorded. The grant mayprovide that when property is no longer needed for the purposes ofthe flood control district, the property reverts to the state, or thepolitical subdivision, making the grant.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-18
Plans and specifications; preparation, adoption, and filing;objections; hearing; judgment or decree
Sec. 18. (a) After its organization, the flood control board shallprepare and adopt:
(1) plans and specifications for the flood control works to beconstructed or installed by or for the flood control district;
(2) estimates of the cost of that part of the works to becontracted for or constructed at the expense of the district;
(3) maps and plats showing the general scope of the works andthe boundaries of all lands considered necessary to be acquiredfor the works or that will be injuriously affected in connectionwith the construction of the works; and
(4) an acquisition and damage roll showing the separatedescriptions of all land and other property to be acquired orinjuriously affected by the construction and installation of theworks, and an estimate of the total cost of the acquisition ordamages.It is not necessary to prepare, adopt, and file the plans, specifications,and other items required by this section at one (1) time.
(b) In adopting plans under this section, the flood control board,with the approval of the circuit court, may deviate from the generalplans approved at the time of the establishment of the district if theboard finds that:
(1) it is not practicable to construct or install the works inaccordance with that plan; or
(2) the deviation will provide greater protection.
(c) Upon adoption of the plans, specifications, and other items,one (1) copy shall be placed on file at the flood control board'soffice, and one (1) copy shall be filed in the office of the clerk of thecircuit court. These copies are open to inspection by the public. Theboard shall have notice of the filing published in accordance withIC 5-3-1. The board shall file proofs of publication of the notice withthe clerk of the court. The notice must refer to the title and numberof the cause in which the district was established and state that theplans, specifications, estimates, maps, plats, and roll required by thissection are on file at the offices of the board and clerk of the court,and may be inspected by all interested parties.
(d) Any person owning property injuriously affected by theconstruction or installation of the proposed flood control works mayfile separate objections with the circuit court within fifteen (15) daysafter the first publication of notice under subsection (c). The soleground of objection is that, due to an unnecessary deviation from thegeneral plan approved at the time of the establishment of the district,the property of the objectors will be injuriously affected or shouldnot be included in the district. The court shall set the objections forhearing without delay, hear evidence, and determine the facts.However, the filing of objections does not delay or interfere with theletting of contracts or the construction of the flood control works,except to the extent that the court may direct by temporary orderbefore the hearing or by judgment after the hearing.
(e) If, after a hearing under subsection (d), the court finds thatthere has been an unnecessary deviation from the general planapproved at the time of the establishment of the district, or that anyof the property included in the district as originally establishedshould be eliminated from the district, the court shall:
(1) render judgment accordingly; and
(2) enter a decree:
(A) setting out the deviation to be corrected; and
(B) describing, by metes and bounds, the property eliminated.
A copy of the decree shall be entered in the records of the board, andthe plans shall be changed to meet the requirements of the decree.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.45, SEC.89.
IC 36-9-29-19
Acquisition of property; purchase, contract, or eminent domain
Sec. 19. After the flood control board has published notice of the
filing of the acquisition and damage roll under section 18(c) of thischapter, it may acquire the property described in the roll by purchase,by contract, or by the exercise of the power of eminent domain underIC 32-24.
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.2-2002,SEC.125.
IC 36-9-29-20
Contracts; letting procedure
Sec. 20. (a) All contracts of the flood control district for theconstruction of flood control works shall be let by the flood controlboard under the statutes concerning the letting of contracts for publicimprovements by the works board of the city. The flood controlboard may let one (1) contract for the entire works or separatecontracts for parts of the works.
(b) All contracts shall be awarded to the lowest and best bidder.However, a contract may not be let at a bid higher than the cost ofthe work, as shown by the estimates previously adopted and filed,unless approved by the circuit court on petition of the flood controlboard.
(c) All contracts must be in writing and signed by the floodcontrol board's president or vice president and by its executivesecretary.
(d) The validity of a contract may be questioned only in an actionto enjoin the execution of the contract, filed within ten (10) daysafter the date of its execution.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-21
Federal labor, material, machinery, and equipment; acceptance ofoffer; additional labor, material, machinery, and equipment
Sec. 21. If the federal government or another source agrees tofurnish all or part of the labor, material, machinery, and equipmentrequired for any construction or installation, the flood control boardmay accept the offer. The board may supply the necessary additionallabor, material, machinery, and equipment to carry out theagreement.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-22
Loans for preliminary expenses; sale of warrants; advancement offunds
Sec. 22. (a) To facilitate the carrying out of preliminaryproceedings and provide money for the payment of expenses beforethe issuance of bonds under this chapter, the flood control boardmay, by resolution, authorize the making of loans in amountsapproved by the circuit court. The loans shall be evidenced bycallable warrants payable out of the proceeds of bonds, whenavailable, and the warrants may bear interest at any rate. If theamount of warrants to be issued at any one (1) time exceeds five
thousand dollars ($5,000), they shall be sold at public sale afternotice given in accordance with IC 5-3-1. The warrants shall be soldto the bidder offering to purchase them at the lowest actual interestcost to the district, and shall be executed in the name of the districtby the board's president or vice president and by its executivesecretary.
(b) Any unit having territory included within the flood controldistrict may advance money to the district. The advances must beauthorized by the fiscal body of the unit. The advances may be madewithout appropriation, and warrants evidencing the advances shall beissued by the district, bearing the rate of interest provided for in theresolution or other action authorizing the advances.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.45, SEC.90.
IC 36-9-29-23
Bonds; issuance; amount; sale procedure
Sec. 23. (a) The flood control board shall, by resolution, directthat bonds be issued in the name of the flood control district:
(1) for the purpose of procuring money to pay the cost ofacquisition of property, the cost of construction or installationof flood control works, or both; and
(2) in anticipation of the collection of the special benefit taxesto be levied under this chapter.
(b) The amount of the bonds may not exceed:
(1) the total cost of property to be acquired and the total amountof damages to be awarded on account of property injuriouslyaffected but not acquired, as shown by the acquisition anddamage roll previously adopted and filed by the flood controlboard or as determined by court action;
(2) the contract price of the works contracted for, or theestimated cost of additional labor, materials, machinery, andequipment when the federal government or others have agreedto supply a part of those items for use on the construction of anypart of the works and no construction contract is to be let;
(3) an amount sufficient to pay the cost of supervision andinspection during the period of construction;
(4) all other general, administrative, legal, engineering, andincidental expenses previously incurred on account of or inconnection with the establishment of the district, theadministration of its affairs, the acquisition of property, and theconstruction of the works, together with the expenses to beincurred in connection with the issuance and sale of bonds; and
(5) an amount sufficient to pay any outstanding warrants issuedfor the purpose of obtaining money for expenses before theissuance of bonds.
(c) If different parcels of land are to be acquired or more than one(1) contract for work is let by the flood control board atapproximately the same time, the board may provide for the total costof the land or work in one (1) issue of bonds. If the cost of acquiring
property or the amount required for the payment of damages toproperty not acquired exceeds the board's estimate of the amountrequired for that purpose, additional bonds may be issued to supplythe deficiency.
(d) The bonds shall be issued in any denomination not exceedingone thousand dollars ($1,000), and in not less than twenty (20) normore than sixty (60) series, which must be as nearly equal as possibleconsidering the amount of the issue, the number of serial maturities,and the denominations to be used.
(e) The bonds are payable one (1) series each six (6) months. Thefirst payment shall be made on January 1 in the second yearfollowing the date of their issue, if a tax levy to meet therequirements of the bonds is made in the year in which the bonds areissued. Otherwise, the first series of bonds is payable on January 1of the third year following the date of their issue.
(f) The bonds are negotiable instruments.
(g) The bonds may bear interest at any rate, with the exact rate tobe determined by bidding. The interest is payable semiannually onJanuary 1 and July 1 of each year, with the first interest payable onJuly 1 preceding the maturity date of the first series of bonds.
(h) The bonds shall be signed by the president or vice presidentof the flood control board, and attested by the executive secretary ofthe board. The interest coupons shall be executed by placing on themthe facsimile signature of the president or vice president whosesignature appears on the bonds.
(i) The flood control board may not issue any bonds of the floodcontrol district payable out of special benefit taxes when the totalamount outstanding for that purpose, including the bonds issued andto be issued, is in excess of five percent (5%) of the total adjustedvalue of taxable property in the district as determined underIC 36-1-15. All bonds or obligations issued in violation of thissubsection are void.
(j) The bonds are not a corporate obligation or indebtedness ofany unit having territory included in the district, but are anindebtedness of the flood control district as a special taxing district.The bonds are payable solely out of the special benefit taxes leviedunder this chapter. The bonds must state these facts upon their face,together with the purpose for which they are issued.
(k) The bonds of any issue may be sold in parcels or as a whole.Notice of the sale must be given by publication in accordance withIC 5-3-1.
(l) The bonds shall be sold to the highest qualified bidder, but maynot be sold for less than their par value. The highest bidder is theperson who offers the lowest net interest cost to the district, asdetermined by computing the total interest on all of the bonds to theirmaturities and then deducting the premium bid, if any.
(m) When the flood control board sells the bonds, the executivesecretary of the board shall have the bonds prepared and executed,and shall deliver them to the county treasurer, together with acertificate showing the amount to be paid by the purchaser. Upon the
payment of the purchase price the treasurer shall deliver the bonds tothe purchaser. The executive secretary shall furnish the successfulbidder a transcript of the proceedings relating to the authorizationand issuance of the bonds, together with the other documentsnecessary to establish the validity of the bonds. The transcript andother documents are presumptive evidence of the validity of thebonds, and shall be accepted in evidence in any litigation relating toor affecting the bonds.
As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981,P.L.45, SEC.91; P.L.6-1997, SEC.226.
IC 36-9-29-24
Bonds for replacement, enlargement, extension, or construction ofadditional works; costs exceeding amount available
Sec. 24. If the flood control board finds that:
(1) it is necessary to replace, enlarge, or extend any part of theflood control works or construct additional works in order toprotect the district properly; and
(2) the cost of the replacement, enlargement, extension, orconstruction will exceed the amount then available out ofcurrent maintenance and repair funds;
the board may issue bonds under section 23 of this chapter for thatpurpose. However, the board must first comply with sections 18, 19,and 20 of this chapter.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-25
Refunding bonds; issuance; payment
Sec. 25. If the flood control district is unable to pay any bonds orthe interest on them at the times fixed for payment, refunding bondsmay be issued and sold under section 23 of this chapter to obtainmoney for that purpose. The refunding bonds are payable within theperiod fixed by the flood control board, which may not exceed ten(10) years.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-26
Bonds issued and their interest exempt from taxation
Sec. 26. All bonds issued under this chapter, together with theinterest on them, are exempt from taxation.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-27
Validity of bonds issued
Sec. 27. An action to question the validity of any of the bondsissued under this chapter, or to prevent their issuance, must bebrought by the time fixed in the bond sale notice for the receiving ofbids. After that time, the bonds may not be contested for any cause.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-28
Flood control district construction fund
Sec. 28. (a) The county treasurer shall keep all proceeds from thesale of bonds under this chapter in a separate fund designated as the"__________ flood control district construction fund". The fundshall be used only to pay the costs listed in section 23(b) of thischapter. Any money remaining out of the proceeds of the bonds afterall of the costs are paid shall be paid into the district bond fundestablished under section 30 of this chapter.
(b) The flood control board shall approve and order all paymentsmade from the flood control district construction fund, and shalldetermine the amounts and times of the payments. However, apayment to a contractor may not exceed eighty percent (80%) of thedistrict engineer's estimate of work done by the contractor, and thewhole amount of a contract may not be paid until all work to be doneunder the contract has been accepted by the board as fully completedin accordance with the plans and specifications.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-29
Acquisition of property; payment of costs according to terms ofpurchase or contract; payment of damages in condemnation; title
Sec. 29. (a) If property is acquired by purchase or contract,payment of costs shall be made according to the terms of thepurchase or contract.
(b) If property is condemned, the amount of damages assessedshall be paid as soon as the proceeds from the sale of bonds areavailable. Upon the payment of the damages, the title of the propertypaid for is fixed and vested in the flood control district in themanner, to the extent, for the purpose, and subject to the limitationsprovided by this chapter.
(c) Title to all property acquired shall be taken in the name of theflood control district. Within sixty (60) days after any conveyance orgrant of any interest in real property is received by the flood controlboard, the board shall have recorded the deed or other instrument ofconveyance or grant, signed by the grantor, in the recorder's office inthe county in which the property is located. In case of condemnation,a copy of the decree, certified by the clerk of the circuit court andshowing the amount paid to the clerk on account of the damagesawarded, shall be recorded.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-30
Special benefit tax levy to pay for bonds; flood control districtbond fund
Sec. 30. (a) For the purpose of obtaining money to pay the bondsand the interest on them, the flood control board shall levy a specialbenefit tax each year upon all of the property in the flood controldistrict. The tax shall be levied in the amount necessary to pay theprincipal of the bonds as they mature, together with the interest
accruing on them.
(b) The flood control board shall cause the tax levied to becertified to the auditor of the county in which the property subject tothe tax is located, before October 2 of each year. The tax levied andcertified shall be estimated and entered upon the tax duplicates bythe county auditor, and shall be collected and enforced by the countytreasurer in the same manner as state and county taxes are estimated,entered, collected, and enforced.
(c) As the tax is collected by the county treasurer, it shall beaccumulated in a separate fund to be known as the "__________flood control district bond fund", and shall be applied only to thepayment of the bonds and the interest on them.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-31
Special benefit tax levy to pay for cost of operation, maintenance,and repair of flood control works; presumption; flood controldistrict maintenance fund; temporary loans
Sec. 31. (a) The flood control board may levy a special benefit taxeach year for the purpose of providing for the cost of operation,maintenance, and repair of the flood control works after thecompletion of the works, including the general expenses of theboard, such as salary and wages, that the board finds are not properlychargeable to the proceeds of bonds issued under this chapter. Thetax may not exceed eleven and sixty-seven hundredths cents($0.1167) on each hundred dollars ($100) of taxable property in thedistrict, as it appears on the tax duplicates.
(b) The property within the flood control district is conclusivelypresumed to be benefited to the extent of the annual tax by themaintenance of the district and the maintenance, operation, andrepair of the flood control works.
(c) The county auditor shall estimate the tax and enter it upon thetax duplicates, and the county treasurer shall collect and enforce thetax in the same manner as state and county taxes are estimated,entered, collected, and enforced.
(d) The county treasurer charged with the duty of collecting thetaxes shall, between the first and tenth days of each month, notify theflood control board of the amount of the tax collected during thepreceding month. Upon the date of notification, the treasurer shallcredit the amount collected to a fund designated as "__________flood control district maintenance fund", which may be used only forthe purposes stated in this section.
(e) The flood control board has complete and exclusive authorityto expend, on behalf of the flood control district, all revenuesrealized under this section.
(f) The flood control board may, by resolution, authorize andmake temporary loans in anticipation of the collection of the specialbenefit taxes actually levied and in course of collection under thissection. The loans mature and shall be paid within the year in whichthey are made, and may bear interest at any rate payable at the
maturity of the loan. The temporary loans shall be evidenced bywarrants, and, if the amount of warrants to be issued exceeds fivethousand dollars ($5,000), they shall be sold at public sale in thesame manner as the bonds of the district.
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.6-1997,SEC.227.
IC 36-9-29-32
Emergency flood control district fund
Sec. 32. (a) The flood control board may establish an "emergencyflood control district fund", which may not exceed at any time onehundred thousand dollars ($100,000). The emergency fund shall beestablished out of money transferred from the flood control districtmaintenance fund.
(b) Whenever the emergency fund is reduced below one hundredthousand dollars ($100,000), the flood control board may transferfrom the maintenance fund the sum it considers necessary for thepurpose of replenishing the emergency fund.
(c) The county treasurer shall keep the emergency fund separatefrom the other funds of the flood control district. Any unexpendedsum in the fund shall be retained from year to year to meet floodemergencies as they arise.
(d) The sum in the emergency fund may not be considered inmaking up the budget of the flood control district, except for thepurpose of determining the amount to be levied in order to replenishthe fund.
(e) All withdrawals from the emergency fund shall be used solelyfor emergency purposes, and shall be made upon order of the floodcontrol board in the same manner as withdrawals from other fundsof the flood control district.
As added by Acts 1981, P.L.309, SEC.105. Amended byP.L.356-1987, SEC.1.
IC 36-9-29-33
Deposit of funds of flood control district
Sec. 33. The money in the funds of the flood control district shallbe deposited and held in the same manner as other public fundsunder IC 5-13.
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.3-1990,SEC.138.
IC 36-9-29-34
Warrants drawn for items approved by board; payments on bondsand interest coupons
Sec. 34. (a) Except as provided in subsection (b), revenues raisedunder this chapter may be expended only upon a warrant drawn bythe executive secretary of the flood control board for items approvedby the board, with the date of approval indicated on the warrant overthe signature of the president or vice president of the board.
(b) The county treasurer may pay bonds and interest coupons: (1) issued by the flood control board; and
(2) presented at or after their maturity;
out of the bond fund established under section 30 of this chapter,without the issuance of warrants or other orders of the board.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-35
Pending actions for filing further petitions and for making furtherorders
Sec. 35. After the docketing of the petition for the establishmentof the flood control district, and until the flood control works havebeen completed and accepted, the cause remains on the docket of thecircuit court as a pending action for the filing of the further petitionsand the making of the further orders that are authorized by thischapter or found necessary to facilitate the completion of the works.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-36
Jurisdiction of court
Sec. 36. All court proceedings relating to the establishment ormaintenance of the flood control district, or the performance of anyact under this chapter, must be brought and determined only in andby the circuit court establishing the district. The jurisdiction of thecourt in all such matters is conclusive and its judgment is final,except as otherwise provided in this chapter. All proceedings hadunder this chapter shall be heard by the court without theintervention of a jury, except as otherwise provided in this chapter.Laws with respect to change of venue from the county do not applyto proceedings under this chapter, but changes of venue from thejudge may be had as in other civil cases.
As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-37
Supplementary proceedings to cure defects or irregularities;objections
Sec. 37. (a) If any defects or irregularities occur in any of theproceedings had under this chapter, the defects or irregularities maybe cured by supplementary proceedings of the same general natureas those provided for by this chapter. Only those parties whoseinterests or property are directly and adversely affected by thedefects or irregularities may object to them.
(b) It is not necessary to delay the general course of theproceedings while defects or irregularities are being corrected orsupplied.
(c) If an objection is filed with the circuit court and the objectionis overruled or decided adversely to the objecting party, the courtcosts incurred in the filing, hearing, and determination of theobjection shall be taxed to the objecting party. If the objection issustained or determined in favor of the objecting party, then the costsshall be taxed to the flood control district.As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-38
Required proceedings and notices under this chapter
Sec. 38. Only the proceedings and notices prescribed by thischapter are required for acts performed under this chapter,notwithstanding any other statute to the contrary.
As added by Acts 1981, P.L.309, SEC.105.