CHAPTER 29.1. FLOOD CONTROL DISTRICT IN MARION COUNTY
IC 36-9-29.1
Chapter 29.1. Flood Control District in Marion County
IC 36-9-29.1-1
Application of chapter
Sec. 1. This chapter applies to each county having a consolidatedcity.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-2
"Board"
Sec. 2. As used in this chapter, "board" refers to the board ofpublic works of the consolidated city, subject to IC 36-3-4-23.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-3
Special taxing district
Sec. 3. The flood control district referred to in IC 36-3-1-6constitutes a special taxing district for the purpose of protecting thecounty and its residents from floods and flood hazards.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-4
Powers and duties of board
Sec. 4. (a) To carry out this chapter, the board has jurisdiction toauthorize projects of flood control and prevention over allwatercourses, and property affected by these projects, within theflood control district and in or along any watercourse in any adjacentcounty that is a tributary to any watercourse in the district.
(b) In carrying out such a project, the board has the followingpowers:
(1) To construct and maintain levees, dikes, retaining walls,dams, reservoirs, drains, and all other improvements in or alongany watercourse designed to prevent damage and injury throughfloods and to conserve water resources.
(2) To provide for the disposal of excess water from anyreservoir on such terms as the board considers best, so long asthis does not impair the function of flood prevention providedby the improvements.
(3) To construct, reconstruct, repair, relocate, widen, orresurface any public way connected with such a project.
(4) To remove obstructions in, to dredge or control, tostraighten, or to change the channel of any watercourse.
(5) To reconstruct any new public structure, or any new publicbridge or bridges; or to alter, relocate, remove or require theremoval of, repair, lengthen, widen, or reconstruct any publicstructure, or any public bridge or bridges, designed or used forvehicular or pedestrian traffic, and already built and located,whether originally built by a municipal corporation or any otherperson, across any watercourse. (6) To regulate and establish channel, bank, and harbor lines onwatercourses; to remove or to require to be removed anyobstruction or encroachment in, beneath, above, along, orbeyond channel, bank, and harbor lines; and to prevent anyfuture obstructions or encroachments beyond these lines bydumping or filling with any material or in any other manner.
(7) To regulate the manner in which all sewers, drains, conduits,viaducts, aqueducts, cables, power lines, and pipelines of anydescription crossing the bed of any watercourse, or along itsbanks, or carried across, over, or under it on any bridge, trestle,support, or other structure, shall be located or relocated,replaced, altered, repaired, constructed, reconstructed,lengthened, widened, or removed, whether already constructedor proposed to be constructed or reconstructed by a municipalcorporation or any other person.
(8) To regulate the general manner of construction of alltemporary or permanent bridges, dikes, moorings, landings,dams, and spillways over, along, or in any watercoursesproposed to be constructed or reconstructed by a municipalcorporation or any other person.
(9) To regulate the removal by any persons of sand and gravelfrom watercourses and to establish the distance from bridgesand other structures crossing them, and also the uniform gradelines to which sand and gravel may be excavated by anypersons.
(10) To regulate the depth, waterway, height, alignment,location, and general manner of construction, reconstruction,and repair of any railroad bridge and of any person crossingover any watercourses or affected by carrying out of projects.
(11) To regulate the general manner of locating, relocating,constructing, reconstructing, altering, repairing, lengthening,widening, raising, and aligning any private bridge, including allits piers, abutments, and supports.
(12) To regulate and order that any of the matters described inthis subsection shall be done by the person owning orcontrolling them, in carrying out projects, all subject tosupervision and approval by the board.
(13) To cooperate with any department or agency of the federalgovernment, and with any department or agency of the state,that is established for the purpose of developing acomprehensive plan or program for the protection of life andproperty from floods or flood hazards.
(c) A project for flood control may not be carried out until it issubmitted to and approved by the department of natural resources ofthe state.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-5
Adoption of resolution
Sec. 5. Whenever the board determines that it is necessary for the
general welfare, safety, or security of the flood control district toundertake and carry out any project to protect the district and itsresidents from floods or flood hazards, the board shall adopt aresolution declaring this necessity and its purpose to proceed withthe project.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-6
Adoption of general plans and specifications
Sec. 6. (a) The board, as a part of the resolution, shall adopt thegeneral plans then proposed for the entire project, including a platshowing the general scope of it and the location and bounds of allreal property then considered necessary to be acquired or removed,or that would be injuriously affected, in connection with the project.It shall also determine the estimated cost of all the work, includingthe estimated damages to be awarded to the owners of the real andpersonal property. An appraisal is not required for those estimates.
(b) The adoption or filing of any specifications covering all orparts of the project and details of other matters is optional with theboard, and it may also receive and file alternate plans andspecifications, submitted by any person for all or any parts of theproject. The board may, at the final hearing, adopt all or any of thesematerials in place of the board's plans and specifications.
As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986,SEC.6.
IC 36-9-29.1-7
Filing and notice; resolution, plans, and specifications
Sec. 7. (a) The resolutions and plans, plat, descriptions, andestimates and specifications, if any, shall be filed and opened toinspection by the public at the board's office.
(b) The board shall then give notice in accordance with IC 5-3-1of the adoption and general purport of the resolution and of the factthat the resolution, plans, plat, descriptions, and estimates andspecifications, if any, have been prepared, are on file in the office ofthe board, and can be inspected. The notice must name a date onwhich the board will receive and hear objections from any personinterested in or who will be affected by the resolution.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-8
Hearing and final decision concerning project
Sec. 8. (a) At or before the time fixed for the hearing, any personinterested in or who will be affected by the proposed project may filewith the board a written remonstrance against the proposed project,in whole or in part.
(b) At the hearing, which may be adjourned from time to time, theboard shall hear all persons who are interested in the proceedings andshall finally determine whether or not the proposed project, in wholeor in part, is necessary for the general welfare, safety, and security of
the flood control district, in order to provide flood prevention andcontrol. The board may then confirm, modify and confirm asmodified, or rescind the resolution.
(c) The final decision shall be entered in the records of the boardand is final, binding, and conclusive upon all persons.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-9
Special tax on property within flood control district
Sec. 9. Upon final action of the board confirming the resolutionin its original or any modified form, all property, real and personal,located within the flood control district is subject to a special tax forthe purpose of providing money to pay the total cost of theconstruction of the project or projects, and of acquiring all necessarylands or rights-of-way, as described and provided in the resolution,including all necessary incidental expenses. This special tax isdeclared to constitute the amount of benefits resulting to all theproperty from the proceedings and shall be levied as provided in thischapter.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-10
Condemnation proceedings
Sec. 10. If the board has finally confirmed any resolution for allor any part of any project of flood prevention and control, and anyproperty is required to be condemned, appropriated, or purchased, oris damaged or injuriously affected by the carrying out of the floodprevention project and work, the board shall proceed with referenceto this property and awards of damages in all respects, whenevernecessary, in accordance with IC 32-24. Any part of theappropriation proceedings as to any property may be included ineither the original resolution or any subsequent resolutions.
As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.2-2002,SEC.126.
IC 36-9-29.1-11
Award of contract for project
Sec. 11. If the board finally confirms the resolution, it shall thenproceed to award a contract for the project in accordance withIC 36-1-12.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-12
Flood control district bonds
Sec. 12. (a) For the purpose of raising money to pay for theproperty and the construction, and in anticipation of the special taxto be levied as provided in section 14 of this chapter, the board maycause to be issued, in the name of the consolidated city, the bonds ofthe flood control district, not to exceed the amount of the estimatedtotal cost of all lands, rights-of-way, and other property so to be
acquired and the estimated cost of all work or construction asprovided for in the resolution, and including all expenses necessarilyincurred in connection with the proceedings, together with a sumsufficient to pay the cost of supervision and inspection during theperiod of construction of the work.
(b) The expenses to be covered in the amount of the bond issuemust include all expenses of every kind actually incurred preliminaryto the acquiring of the property and the construction of the work,such as the cost of necessary records, engineering expenses,publication of notices, salaries, and other expenses necessary to beincurred before and in connection with the acquiring of the property,the amending of the contract, and the sale of bonds.
(c) In case different parcels of land are to be acquired, or morethan one (1) contract for work is amended, at approximately the sametime, whether under one (1) or more resolutions, the board mayprovide for the estimated total cost of these items in one (1) issue ofbonds.
(d) The bonds shall be issued in accordance with IC 36-3-5-8.
(e) The bonds are negotiable instruments and bear interest payablesemiannually, on the first days of January and July of each year, withthe first interest to be payable on July 1 preceding the maturity of thefirst series of the bonds.
(f) On adopting a resolution ordering the bonds, the board shallcertify a copy of it to the fiscal officer of the consolidated city, whoshall prepare the bonds. The bonds shall be executed by the cityexecutive and attested by the fiscal officer.
(g) The bonds are exempt from taxation as provided by IC 6-8-5.
(h) All bonds issued by the board shall be sold by the city fiscalofficer in accordance with IC 5-1-11.
(i) Bonds of the flood control district payable by special taxationmay not be issued when the total issue for that purpose, including thebonds already issued and to be issued, exceeds two percent (2%) ofthe adjusted value of the taxable property within the district asdetermined under IC 36-1-15. All bonds or obligations issued inviolation of this subsection are void.
(j) The bonds are not, in any respect, a corporate obligation orindebtedness of the consolidated city, but constitute an indebtednessof the flood control district as a special taxing district, and the bondsand interest on them are payable only out of a special tax levy uponall the property of the district. The bonds must recite these termsupon their face, together with the purpose for which they are issued.
(k) An action to question the validity of any bonds issued for theflood control district or to prevent their issue must be brought beforethe date set for the sale of the bonds, and all bonds, from and afterthat date, are incontestable for any reason.
As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986,SEC.7; P.L.6-1997, SEC.228.
IC 36-9-29.1-13
Fund for deposit of bond proceeds Sec. 13. (a) All proceeds from the sale of bonds under section 12of this chapter shall be kept as a separate and specific fund, to paythe cost of land, rights-of-way, and other property acquired and ofconstruction of the work under the resolution, and all costs andexpenses incurred in connection with these things, and no part of theproceeds may be used for any other purpose.
(b) The fund shall be deposited at interest with the depository ordepositories of other public funds in the consolidated city, and allinterest collected on it belongs to the fund.
(c) Any surplus remaining out of the proceeds of the bonds, afterall of the costs and expenses are fully paid, shall be paid into andbecomes a part of the flood control district bond fund.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-14
Tax levy; flood control district bond fund
Sec. 14. (a) For the purpose of raising money to pay all bondsissued under section 12 of this chapter and the interest on them, thecity-county legislative body shall levy each year a special tax uponall the property of the flood control district, in such manner as tomeet and pay the principal of the bonds as they severally mature,together with all accruing interest. The tax so levied each year shallbe certified to the fiscal officers of the consolidated city and thecounty before August 2 in each year.
(b) The tax levied and certified shall be estimated and enteredupon the tax duplicate by the county auditor, and shall be collectedand enforced by the county treasurer, in the same manner as state andcounty taxes are estimated, entered, collected, and enforced. As thetax is collected by the county treasurer, it shall be accumulated andkept in a separate fund to be known as the "flood control districtbond fund," and shall be applied to the payment of the flood controldistrict bonds and interest as they severally mature and to no otherpurpose. All accumulations before their use for the payment of bondsand interest shall be deposited, at interest, with the depository ordepositories of other funds in the consolidated city, and all interestcollected on them belongs to the fund.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-15
Additional tax levy; flood control maintenance and general expensefund; temporary loans; insufficient funds
Sec. 15. (a) For the purpose of:
(1) providing for the payment of all general expenses of theboard, including salaries of officers and employees and otheritems of expense not properly chargeable into the cost of anyproperty acquired or work done under any resolution of theboard for which flood control district bonds are issued; and
(2) providing for the operation, maintenance, and repair of anylevees, dikes, retaining walls, reservoirs, drains, and otherworks and improvements in or along any watercourse designed
to prevent damage and injury through floods, and otherpermanent works constructed, including the repair andmaintenance of equipment or the performance of any dutyimposed by this chapter;
a tax of not exceeding one and thirty-three hundredths cents($0.0133) on each one hundred dollars ($100) of taxable property inthe district as it appears on the tax duplicates, in addition to all othertaxes, shall be levied annually by the city-county legislative body forflood control purposes. The county auditor shall estimate the taxesand enter them upon the tax duplicate, and the county treasurer shallcollect and enforce the taxes, in the same manner as state and countytaxes are estimated, entered, collected, and enforced.
(b) The county treasurer shall, between the first and tenth days ofeach month, notify the board of the amount of such taxes collectedfor flood control purposes during the preceding month, and upon thedate of notification the county treasurer shall credit an account to beknown as the "flood control maintenance and general expense fund"with such amount of taxes for flood control purposes as may havebeen collected at that time. The fund shall be used and expendedonly for the purposes prescribed by this chapter. The board mayexpend on behalf of the district all sums of money thus realized.Warrants for these expenditures shall be drawn by the fiscal officerof the consolidated city upon the vouchers of the board.
(c) The board may by resolution authorize and make temporaryloans in anticipation of revenues actually levied under this section,which loans mature and shall be paid within one (1) year from thedate of the making of the loan, with interest payable at the maturityof the loan. The warrants or other evidence of these loans shall besold for not less than par, and before the making of the loan, noticeof the time, place, amount, and terms of making of the loan shall begiven by publication in accordance with IC 5-3-1. The warrantsimport no personal obligation for their payment and are payable onlyout of the tax so levied.
(d) All money remaining in any of the funds to the credit of theboard at the end of the calendar year continues to belong to thesefunds respectively, to be used by the board for the respectivepurposes for which the funds are created. All funds raised under thissection shall be deposited at interest with the depository ordepositories of other public funds of the consolidated city, and allinterest collected on them belongs to them.
(e) In the event that the revenues in the "flood controlmaintenance and general expense fund" of the district are at any timeinsufficient, the consolidated city may appropriate money out of itsgeneral fund for the use and benefit of the district, which amount soappropriated and used shall be returned and repaid to the city out ofthe first available funds by the board.
As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.6-1997,SEC.229.
IC 36-9-29.1-16 Payments for property or work; damages assessed; title vested inconsolidated city
Sec. 16. (a) From the separate and specific fund derived from saleof the bonds as provided in this chapter, and from no other source,the board shall pay to the parties entitled to it the amountsrespectively due them for any lands, rights-of-way, or other propertytaken or purchased, or for work done by contract or otherwise.
(b) In case the lands, rights-of-way, or other property is securedby purchase or contract, the payment shall be made according to theterms of the contract. In case of any such property taken bycondemnation as provided in this chapter, the amount of damagesassessed shall be paid or tendered as provided in this chapter, withinninety (90) days after the final determination of the condemnationproceedings, or as soon after that as the fund arising from the bondsis available. The title to the lands, rights-of-way, or other property,or that part so paid for or otherwise acquired then becomes vested inthe consolidated city, in the manner, to the extent, for the purpose,and subject to the limitations provided in this chapter.
(c) The board shall order payments from the fund to be made tocontractors in accordance with IC 36-1-12.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-17
Filing and recording; description of land and statement of purpose
Sec. 17. Within sixty (60) days after any land or right in it is paidfor and acquired under this chapter, the board shall file and cause tobe recorded in the recorder's office of the county in which the landis situated, a description sufficiently accurate for its identification,with a statement of the purpose for which it is acquired or taken,which shall be signed by a majority of the board.
As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-18
Expending funds raised under chapter; appropriation
Sec. 18. No part of any of the funds raised under this chapter maybe expended except upon warrants drawn by the fiscal officer of theconsolidated city, upon vouchers of the board. No appropriation inany form is necessary, but all funds arising under this chapter areconsidered appropriated to the respective purposes named in thischapter, and are under the control of the board, which has completeand exclusive authority to expend these funds for these purposes.
As added by Acts 1982, P.L.77, SEC.24.