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; construction
or elevation of highways and bridges
Sec. 2. A city acting under this chapter may:
(1) construct or install the flood control works necessary to
exclude, divert, remove, reduce, or prevent flood waters caused
by the overflowing of watercourses or by storm or surface
waters in or about a flood control district established under this
chapter; and
(2) construct or elevate highways and bridges necessary to
provide reasonable traffic facilities through or over any
structures 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 security
of the city and its inhabitants to carry out any project for the
protection of the city and its inhabitants from floods;
(2) the project cannot be carried out in the best or most
economical manner without beneficially or injuriously affecting
land or other property located outside the corporate boundaries
of the city; and
(3) the required flood control works can best be provided for
and maintained by the establishment of a special taxing district
for 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 part
of the city and for all or part of the contiguous territory within
four (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 in
the city and the contiguous territory in the preceding ten (10)
years.
(2) The general character of the flood control works that the
works board considers necessary to afford proper protection,
and the general location and route of the levees, dikes, retaining
walls, and other structures that the board considers necessary as
part of those works.
(3) A general description of the boundaries of the territory that
will be beneficially affected by the construction of the proposed
works.
(4) A general estimate of the cost of the property that must be
acquired for the construction of the proposed works, including
the estimated amounts of damages to property injuriously
affected but not acquired.
(5) A general estimate of the cost of construction and
installation of the proposed works, based on the available
information. 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 under
section 3 of this chapter, the city works board shall file with the
circuit court for the county in which the city is located a petition
requesting the establishment of a flood control district to include the
territory described in the resolution. A copy of the resolution shall be
attached to the petition. The petition shall be docketed in the court as
a pending cause, and shall be entitled "In the matter of the city of
____________, petition for the establishment of flood control
district".
(b) Upon the filing of the petition, the circuit court shall fix a time
when 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 the
court shall publish a notice of the hearing in accordance with
IC 5-3-1. The notice must:
(1) contain a brief summary of the petition;
(2) set out the description of the boundaries of the proposed
district, 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 be
heard.
(c) The clerk of the circuit court shall certify and send to the
attorney general, by registered mail, a copy of the petition, together
with a copy of the resolution attached to the petition and a copy of
the notice of hearing.
(d) After the publication and mailing of the notice, all persons
having any interest in property or highways located in the petitioning
city, or within four (4) miles outside the corporate boundaries of the
city, are conclusively presumed to have notice of the pendency of the
petition 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; interlocutory
order on boundaries; continued hearing
Sec. 5. (a) The circuit court shall hear a petition filed under
section 4 of this chapter without a jury. The hearing may be
continued 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 of
venue from the county.
(b) All persons affected by the establishment of the proposed
flood control district or the construction of the proposed flood
control district or the construction of the proposed flood control
works 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 the
proposed district.
The court shall hear evidence and determine the facts upon these
issues. All objections shall be filed at least two (2) days before the
date fixed for the hearing.
(c) If the court finds that a necessity exists for the establishment
of a flood control district and the construction and installation of
flood control works as requested by the petition, the court shall
render judgment accordingly and shall enter a decree establishing the
district, describing it in such a manner that the property included in
it may be sufficiently identified and segregated to permit the levy and
collection of the special taxes provided for by this chapter. There is
no appeal from such a judgment, and, after the entry of such a
decree, the establishment of the district may not be questioned in any
action or proceeding, except as otherwise provided by this chapter.
(d) If the court finds that no necessity exists for the establishment
of the flood control district, the proceedings shall be dismissed at the
cost of the petitioning city.
(e) If it appears to the court that the boundaries of the flood
control district as described in the declaratory resolution should be
changed, or that changes in the flood control works as described in
the declaratory resolution should be made, and that such changes will
beneficially or injuriously affect property that would not have been
so affected by the district and works proposed in the declaratory
resolution, then the court may enter an interlocutory order to that
effect and fix a time for further hearing on the petition.
(f) The date for a hearing under subsection (e) may not be less
than ten (10) nor more than fifteen (15) days after the order. The
court shall direct the clerk of the court to publish a notice of the
hearing that sets out a brief summary of the order, including a brief
description of the changes the court proposes to make in respect to
the boundaries or works. The notice shall be published in accordance
with IC 5-3-1. The notice must state the time and place for the
continuation of the hearing on the petition, and advise all parties
affected 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 the
continuation of the hearing and must be based solely on the changes
proposed to be made. If, at the conclusion of the continued hearing,
the court finds that all or part of the proposed changes should be
made, or that the district should be established and the works
constructed as provided for in the declaratory resolution, the court
shall render judgment accordingly and enter a decree as provided
under 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 territory
included within the corporate boundaries of the city petitioning for
the establishment of a flood control district has been inundated by
flood waters during the preceding ten (10) years, then all of the
property within the corporate boundaries of the city is conclusively
presumed to be specially benefited and shall be included in the
district, except for property that is subject to inundation from floods
and will not be included within or protected by the proposed flood
control works.
(b) If twenty-five percent (25%) or more of the territory within the
corporate boundaries of any town included in whole or in part in the
flood control district has been inundated by flood waters during the
preceding ten (10) years, then all of the property within the town is
conclusively presumed to be specially benefited and shall be
included in the district, except for property that is subject to
inundation and will not be included within or protected by the
proposed 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 the
highest flood stage during the preceding ten (10) years;
may be included in a flood control district only if it will be included
within 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 benefit
tax
Sec. 7. Upon the entry of a decree under section 5 of this chapter,
a flood control district constitutes a special taxing district for flood
control purposes. All property in the district is subject to a special
benefit tax for the purpose of providing money to pay the cost of
constructing and maintaining the flood control works. The special
benefit tax, which shall be levied in the manner prescribed by this
chapter, constitutes the amount of special benefits accruing to
property in the district on account of the construction and
maintenance of the works. As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-8 Board of commissioners; membership; oath; removal and
appointment; compensation; meeting; quorum; powers and duties;
conflict of interest
Sec. 8. (a) If a flood control district is established under this
chapter, the construction of the flood control works shall be carried
out under the control of a flood control board, to be known as "Board
of Commissioners, ____________ Flood Control District"
(designating the name of the city instituting the proceedings for the
establishment of the district).
(b) The flood control board consists of:
(1) the members of the works board of the city petitioning for
the establishment of the flood control district; and
(2) the executive of each town or township included in whole
or in part in the district.
(c) Before entering upon his duties, each commissioner of the
flood 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 refuses
to qualify, or after qualifying fails or refuses to take part in the
proceedings of the board, then the board, by a majority vote, may
petition the circuit court for the appointment of a new commissioner.
After a hearing and a showing of cause, the court may remove the
offending commissioner. If the court removes a commissioner, the
executive of the city shall appoint a new commissioner. The new
commissioner must be a freeholder residing in the part of the district
previously represented by the commissioner removed.
(e) Each commissioner of a flood control board is entitled to a
salary fixed by the board, subject to the approval of the legislative
body of the city petitioning for the establishment of the flood control
district.
(f) Within ten (10) days after the entry of the decree establishing
the flood control district, the commissioners of the flood control
board shall meet at the office of the works board of the city
petitioning for the establishment of the district, and shall organize by
electing one (1) of their number president and one (1) vice president.
These officers shall perform the duties usually pertaining to their
offices, and shall serve for a period of one (1) year or until their
successors are elected and qualified. The board shall also appoint a
secretary pro tempore to keep the records of the proceedings until the
board appoints a permanent secretary. The minutes of the board shall
be kept in a permanent minute book, and the first entry in the book
must be a copy of the decree establishing the district and fixing its
boundaries.
(g) A majority of the commissioners of the flood control board
constitutes a quorum for the transaction of any business. If the board
consists of an even number of commissioners and there is a tie vote
on any question, the vote of the president on the question is
controlling.
(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, the
calling of special meetings, methods of procedure, and similar
matters; and
(4) perform all acts necessary and proper for carrying out the
purposes of the flood control district.
(i) The office of the flood control board shall be maintained at the
office of the works board of the city petitioning for the establishment
of the district, or at another place furnished by the city. All records
of the board shall be kept at the office and are public records, open
to inspection by the public during business hours.
(j) A commissioner, appointee, or employee of the flood control
board may not have any direct or indirect interest in any contract let
by the board, or in the furnishing of supplies or materials to the
board. 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 executive
secretary. The executive secretary may not be a commissioner of the
board before the completion of the flood control works, but may be
after their completion.
(b) The salary of the executive secretary shall be fixed by the
flood control board.
(c) The executive secretary may be required to furnish bond in the
amount the flood control board finds necessary. The cost of the bond
may 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, as
directed by the board; and
(3) shall certify copies of the official records and files of the
district that may be required of him by this chapter, or by any
person ordering copies and paying the reasonable cost of
transcription.
Certification of a record by the executive secretary is prima facie
evidence 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 district
engineer, who shall perform the duties assigned by the board.
(b) The engineer's compensation shall be fixed by the flood
control board. However, when the engineering services are
performed by the engineer of the city, the city engineer may receive
this 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 more
attorneys, who shall perform the duties assigned by the board.
(b) The compensation of the attorney or attorneys shall be fixed
by the board. However, when the legal services are performed by an
attorney of the city legal department, that attorney is entitled to
receive 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 the
compensation of all the employees necessary to enable it to perform
its 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, including
the executive secretary, engineer, and attorneys, serve at the pleasure
of 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 flood
control board and the flood control district. The county treasurer
shall make all collections of the special benefit taxes levied by the
board, without any additional compensation other than that allowable
in the case of the collection of general taxes by the treasurer.
(b) The county treasurer shall give bond in the amount and with
the surety prescribed by the flood control board. The cost of the bond
shall 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 for
the county the special benefit taxes levied for the flood control
district and shall perform the same duties in connection with the levy
and collection of these taxes as are performed for general taxes
levied 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 flood
control 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 and
install all or part of the flood control works required by the flood
control district, and to furnish the necessary plans and specifications,
the flood control board shall accept the offer and adopt the plans and
specifications as its own, unless they do not conform to the decree
establishing 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 control
works; authorization
Sec. 17. (a) If the state or a political subdivision has territory that
will be affected in whole or in part by flood control works, it may
grant to the flood control district the use of any property in which it
has an interest, including its rights in public ways, for use in
connection with the construction of the flood control works, upon the
terms agreed upon. Such a grant must be authorized by:
(1) the governor and the state agency having jurisdiction of the
property, 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 deed
or other written instrument that may be recorded. The grant may
provide that when property is no longer needed for the purposes of
the flood control district, the property reverts to the state, or the
political 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 shall
prepare and adopt:
(1) plans and specifications for the flood control works to be
constructed or installed by or for the flood control district;
(2) estimates of the cost of that part of the works to be
contracted for or constructed at the expense of the district;
(3) maps and plats showing the general scope of the works and
the boundaries of all lands considered necessary to be acquired
for the works or that will be injuriously affected in connection
with the construction of the works; and
(4) an acquisition and damage roll showing the separate
descriptions of all land and other property to be acquired or
injuriously affected by the construction and installation of the
works, and an estimate of the total cost of the acquisition or
damages.
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 general
plans approved at the time of the establishment of the district if the
board finds that:
(1) it is not practicable to construct or install the works in
accordance 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's
office, and one (1) copy shall be filed in the office of the clerk of the
circuit court. These copies are open to inspection by the public. The
board shall have notice of the filing published in accordance with
IC 5-3-1. The board shall file proofs of publication of the notice with
the clerk of the court. The notice must refer to the title and number
of the cause in which the district was established and state that the
plans, specifications, estimates, maps, plats, and roll required by this
section 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 the
construction or installation of the proposed flood control works may
file separate objections with the circuit court within fifteen (15) days
after the first publication of notice under subsection (c). The sole
ground of objection is that, due to an unnecessary deviation from the
general plan approved at the time of the establishment of the district,
the property of the objectors will be injuriously affected or should
not be included in the district. The court shall set the objections for
hearing without delay, hear evidence, and determine the facts.
However, the filing of objections does not delay or interfere with the
letting of contracts or the construction of the flood control works,
except to the extent that the court may direct by temporary order
before the hearing or by judgment after the hearing.
(e) If, after a hearing under subsection (d), the court finds that
there has been an unnecessary deviation from the general plan
approved at the time of the establishment of the district, or that any
of the property included in the district as originally established
should 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, and
the 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 this
chapter, it may acquire the property described in the roll by purchase,
by contract, or by the exercise of the power of eminent domain under
IC 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 the
construction of flood control works shall be let by the flood control
board under the statutes concerning the letting of contracts for public
improvements by the works board of the city. The flood control
board may let one (1) contract for the entire works or separate
contracts 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 of
the work, as shown by the estimates previously adopted and filed,
unless approved by the circuit court on petition of the flood control
board.
(c) All contracts must be in writing and signed by the flood
control board's president or vice president and by its executive
secretary.
(d) The validity of a contract may be questioned only in an action
to enjoin the execution of the contract, filed within ten (10) days
after 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 of
offer; additional labor, material, machinery, and equipment
Sec. 21. If the federal government or another source agrees to
furnish all or part of the labor, material, machinery, and equipment
required for any construction or installation, the flood control board
may accept the offer. The board may supply the necessary additional
labor, material, machinery, and equipment to carry out the
agreement. As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-22 Loans for preliminary expenses; sale of warrants; advancement of
funds
Sec. 22. (a) To facilitate the carrying out of preliminary
proceedings and provide money for the payment of expenses before
the issuance of bonds under this chapter, the flood control board
may, by resolution, authorize the making of loans in amounts
approved by the circuit court. The loans shall be evidenced by
callable warrants payable out of the proceeds of bonds, when
available, and the warrants may bear interest at any rate. If the
amount of warrants to be issued at any one (1) time exceeds five
thousand dollars ($5,000), they shall be sold at public sale after
notice given in accordance with IC 5-3-1. The warrants shall be sold
to the bidder offering to purchase them at the lowest actual interest
cost to the district, and shall be executed in the name of the district
by the board's president or vice president and by its executive
secretary.
(b) Any unit having territory included within the flood control
district may advance money to the district. The advances must be
authorized by the fiscal body of the unit. The advances may be made
without appropriation, and warrants evidencing the advances shall be
issued by the district, bearing the rate of interest provided for in the
resolution 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, direct
that bonds be issued in the name of the flood control district:
(1) for the purpose of procuring money to pay the cost of
acquisition of property, the cost of construction or installation
of flood control works, or both; and
(2) in anticipation of the collection of the special benefit taxes
to 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 amount
of damages to be awarded on account of property injuriously
affected but not acquired, as shown by the acquisition and
damage roll previously adopted and filed by the flood control
board or as determined by court action;
(2) the contract price of the works contracted for, or the
estimated cost of additional labor, materials, machinery, and
equipment when the federal government or others have agreed
to supply a part of those items for use on the construction of any
part of the works and no construction contract is to be let;
(3) an amount sufficient to pay the cost of supervision and
inspection during the period of construction;
(4) all other general, administrative, legal, engineering, and
incidental expenses previously incurred on account of or in
connection with the establishment of the district, the
administration of its affairs, the acquisition of property, and the
construction of the works, together with the expenses to be
incurred in connection with the issuance and sale of bonds; and
(5) an amount sufficient to pay any outstanding warrants issued
for the purpose of obtaining money for expenses before the
issuance 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 at
approximately the same time, the board may provide for the total cost
of 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 to
property not acquired exceeds the board's estimate of the amount
required for that purpose, additional bonds may be issued to supply
the deficiency.
(d) The bonds shall be issued in any denomination not exceeding
one thousand dollars ($1,000), and in not less than twenty (20) nor
more than sixty (60) series, which must be as nearly equal as possible
considering 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. The
first payment shall be made on January 1 in the second year
following the date of their issue, if a tax levy to meet the
requirements of the bonds is made in the year in which the bonds are
issued. Otherwise, the first series of bonds is payable on January 1
of 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 to
be determined by bidding. The interest is payable semiannually on
January 1 and July 1 of each year, with the first interest payable on
July 1 preceding the maturity date of the first series of bonds.
(h) The bonds shall be signed by the president or vice president
of the flood control board, and attested by the executive secretary of
the board. The interest coupons shall be executed by placing on them
the facsimile signature of the president or vice president whose
signature appears on the bonds.
(i) The flood control board may not issue any bonds of the flood
control district payable out of special benefit taxes when the total
amount outstanding for that purpose, including the bonds issued and
to be issued, is in excess of five percent (5%) of the total adjusted
value of taxable property in the district as determined under
IC 36-1-15. All bonds or obligations issued in violation of this
subsection are void.
(j) The bonds are not a corporate obligation or indebtedness of
any unit having territory included in the district, but are an
indebtedness of the flood control district as a special taxing district.
The bonds are payable solely out of the special benefit taxes levied
under 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 with
IC 5-3-1.
(l) The bonds shall be sold to the highest qualified bidder, but may
not be sold for less than their par value. The highest bidder is the
person who offers the lowest net interest cost to the district, as
determined by computing the total interest on all of the bonds to their
maturities and then deducting the premium bid, if any.
(m) When the flood control board sells the bonds, the executive
secretary of the board shall have the bonds prepared and executed,
and shall deliver them to the county treasurer, together with a
certificate showing the amount to be paid by the purchaser. Upon the
payment of the purchase price the treasurer shall deliver the bonds to
the purchaser. The executive secretary shall furnish the successful
bidder a transcript of the proceedings relating to the authorization
and issuance of the bonds, together with the other documents
necessary to establish the validity of the bonds. The transcript and
other documents are presumptive evidence of the validity of the
bonds, and shall be accepted in evidence in any litigation relating to
or 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 of
additional 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 the
flood control works or construct additional works in order to
protect the district properly; and
(2) the cost of the replacement, enlargement, extension, or
construction will exceed the amount then available out of
current maintenance and repair funds;
the board may issue bonds under section 23 of this chapter for that
purpose. 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 or
the interest on them at the times fixed for payment, refunding bonds
may be issued and sold under section 23 of this chapter to obtain
money for that purpose. The refunding bonds are payable within the
period 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 the
interest 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 bonds
issued under this chapter, or to prevent their issuance, must be
brought by the time fixed in the bond sale notice for the receiving of
bids. 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 the
sale of bonds under this chapter in a separate fund designated as the
"__________ flood control district construction fund". The fund
shall be used only to pay the costs listed in section 23(b) of this
chapter. Any money remaining out of the proceeds of the bonds after
all of the costs are paid shall be paid into the district bond fund
established under section 30 of this chapter.
(b) The flood control board shall approve and order all payments
made from the flood control district construction fund, and shall
determine the amounts and times of the payments. However, a
payment to a contractor may not exceed eighty percent (80%) of the
district engineer's estimate of work done by the contractor, and the
whole amount of a contract may not be paid until all work to be done
under the contract has been accepted by the board as fully completed
in 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 of
purchase 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 the
purchase or contract.
(b) If property is condemned, the amount of damages assessed
shall be paid as soon as the proceeds from the sale of bonds are
available. Upon the payment of the damages, the title of the property
paid for is fixed and vested in the flood control district in the
manner, to the extent, for the purpose, and subject to the limitations
provided by this chapter.
(c) Title to all property acquired shall be taken in the name of the
flood control district. Within sixty (60) days after any conveyance or
grant of any interest in real property is received by the flood control
board, the board shall have recorded the deed or other instrument of
conveyance or grant, signed by the grantor, in the recorder's office in
the county in which the property is located. In case of condemnation,
a copy of the decree, certified by the clerk of the circuit court and
showing the amount paid to the clerk on account of the damages
awarded, 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 district
bond fund
Sec. 30. (a) For the purpose of obtaining money to pay the bonds
and the interest on them, the flood control board shall levy a special
benefit tax each year upon all of the property in the flood control
district. The tax shall be levied in the amount necessary to pay the
principal of the bonds as they mature, together with the interest
accruing on them.
(b) The flood control board shall cause the tax levied to be
certified to the auditor of the county in which the property subject to
the tax is located, before October 2 of each year. The tax levied and
certified shall be estimated and entered upon the tax duplicates by
the county auditor, and shall be collected and enforced by the county
treasurer 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 be
accumulated in a separate fund to be known as the "__________
flood control district bond fund", and shall be applied only to the
payment 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 control
district maintenance fund; temporary loans
Sec. 31. (a) The flood control board may levy a special benefit tax
each year for the purpose of providing for the cost of operation,
maintenance, and repair of the flood control works after the
completion of the works, including the general expenses of the
board, such as salary and wages, that the board finds are not properly
chargeable to the proceeds of bonds issued under this chapter. The
tax may not exceed eleven and sixty-seven hundredths cents
($0.1167) on each hundred dollars ($100) of taxable property in the
district, as it appears on the tax duplicates.
(b) The property within the flood control district is conclusively
presumed to be benefited to the extent of the annual tax by the
maintenance of the district and the maintenance, operation, and
repair of the flood control works.
(c) The county auditor shall estimate the tax and enter it upon the
tax duplicates, and the county treasurer shall collect and enforce the
tax 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 the
taxes shall, between the first and tenth days of each month, notify the
flood control board of the amount of the tax collected during the
preceding month. Upon the date of notification, the treasurer shall
credit the amount collected to a fund designated as "__________
flood control district maintenance fund", which may be used only for
the purposes stated in this section.
(e) The flood control board has complete and exclusive authority
to expend, on behalf of the flood control district, all revenues
realized under this section.
(f) The flood control board may, by resolution, authorize and
make temporary loans in anticipation of the collection of the special
benefit taxes actually levied and in course of collection under this
section. The loans mature and shall be paid within the year in which
they are made, and may bear interest at any rate payable at the
maturity of the loan. The temporary loans shall be evidenced by
warrants, and, if the amount of warrants to be issued exceeds five
thousand dollars ($5,000), they shall be sold at public sale in the
same 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 "emergency
flood control district fund", which may not exceed at any time one
hundred thousand dollars ($100,000). The emergency fund shall be
established out of money transferred from the flood control district
maintenance fund.
(b) Whenever the emergency fund is reduced below one hundred
thousand dollars ($100,000), the flood control board may transfer
from the maintenance fund the sum it considers necessary for the
purpose of replenishing the emergency fund.
(c) The county treasurer shall keep the emergency fund separate
from the other funds of the flood control district. Any unexpended
sum in the fund shall be retained from year to year to meet flood
emergencies as they arise.
(d) The sum in the emergency fund may not be considered in
making up the budget of the flood control district, except for the
purpose of determining the amount to be levied in order to replenish
the fund.
(e) All withdrawals from the emergency fund shall be used solely
for emergency purposes, and shall be made upon order of the flood
control board in the same manner as withdrawals from other funds
of the flood control district. As added by Acts 1981, P.L.309, SEC.105. Amended by
P.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 shall
be deposited and held in the same manner as other public funds
under 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 bonds
and interest coupons
Sec. 34. (a) Except as provided in subsection (b), revenues raised
under this chapter may be expended only upon a warrant drawn by
the executive secretary of the flood control board for items approved
by the board, with the date of approval indicated on the warrant over
the 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 further
orders
Sec. 35. After the docketing of the petition for the establishment
of the flood control district, and until the flood control works have
been completed and accepted, the cause remains on the docket of the
circuit court as a pending action for the filing of the further petitions
and the making of the further orders that are authorized by this
chapter 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 or
maintenance of the flood control district, or the performance of any
act under this chapter, must be brought and determined only in and
by the circuit court establishing the district. The jurisdiction of the
court in all such matters is conclusive and its judgment is final,
except as otherwise provided in this chapter. All proceedings had
under this chapter shall be heard by the court without the
intervention of a jury, except as otherwise provided in this chapter.
Laws with respect to change of venue from the county do not apply
to proceedings under this chapter, but changes of venue from the
judge 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 the
proceedings had under this chapter, the defects or irregularities may
be cured by supplementary proceedings of the same general nature
as those provided for by this chapter. Only those parties whose
interests or property are directly and adversely affected by the
defects or irregularities may object to them.
(b) It is not necessary to delay the general course of the
proceedings while defects or irregularities are being corrected or
supplied.
(c) If an objection is filed with the circuit court and the objection
is overruled or decided adversely to the objecting party, the court
costs incurred in the filing, hearing, and determination of the
objection shall be taxed to the objecting party. If the objection is
sustained or determined in favor of the objecting party, then the costs
shall 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 this
chapter 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.
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; construction
or elevation of highways and bridges
Sec. 2. A city acting under this chapter may:
(1) construct or install the flood control works necessary to
exclude, divert, remove, reduce, or prevent flood waters caused
by the overflowing of watercourses or by storm or surface
waters in or about a flood control district established under this
chapter; and
(2) construct or elevate highways and bridges necessary to
provide reasonable traffic facilities through or over any
structures 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 security
of the city and its inhabitants to carry out any project for the
protection of the city and its inhabitants from floods;
(2) the project cannot be carried out in the best or most
economical manner without beneficially or injuriously affecting
land or other property located outside the corporate boundaries
of the city; and
(3) the required flood control works can best be provided for
and maintained by the establishment of a special taxing district
for 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 part
of the city and for all or part of the contiguous territory within
four (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 in
the city and the contiguous territory in the preceding ten (10)
years.
(2) The general character of the flood control works that the
works board considers necessary to afford proper protection,
and the general location and route of the levees, dikes, retaining
walls, and other structures that the board considers necessary as
part of those works.
(3) A general description of the boundaries of the territory that
will be beneficially affected by the construction of the proposed
works.
(4) A general estimate of the cost of the property that must be
acquired for the construction of the proposed works, including
the estimated amounts of damages to property injuriously
affected but not acquired.
(5) A general estimate of the cost of construction and
installation of the proposed works, based on the available
information. 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 under
section 3 of this chapter, the city works board shall file with the
circuit court for the county in which the city is located a petition
requesting the establishment of a flood control district to include the
territory described in the resolution. A copy of the resolution shall be
attached to the petition. The petition shall be docketed in the court as
a pending cause, and shall be entitled "In the matter of the city of
____________, petition for the establishment of flood control
district".
(b) Upon the filing of the petition, the circuit court shall fix a time
when 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 the
court shall publish a notice of the hearing in accordance with
IC 5-3-1. The notice must:
(1) contain a brief summary of the petition;
(2) set out the description of the boundaries of the proposed
district, 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 be
heard.
(c) The clerk of the circuit court shall certify and send to the
attorney general, by registered mail, a copy of the petition, together
with a copy of the resolution attached to the petition and a copy of
the notice of hearing.
(d) After the publication and mailing of the notice, all persons
having any interest in property or highways located in the petitioning
city, or within four (4) miles outside the corporate boundaries of the
city, are conclusively presumed to have notice of the pendency of the
petition 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; interlocutory
order on boundaries; continued hearing
Sec. 5. (a) The circuit court shall hear a petition filed under
section 4 of this chapter without a jury. The hearing may be
continued 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 of
venue from the county.
(b) All persons affected by the establishment of the proposed
flood control district or the construction of the proposed flood
control district or the construction of the proposed flood control
works 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 the
proposed district.
The court shall hear evidence and determine the facts upon these
issues. All objections shall be filed at least two (2) days before the
date fixed for the hearing.
(c) If the court finds that a necessity exists for the establishment
of a flood control district and the construction and installation of
flood control works as requested by the petition, the court shall
render judgment accordingly and shall enter a decree establishing the
district, describing it in such a manner that the property included in
it may be sufficiently identified and segregated to permit the levy and
collection of the special taxes provided for by this chapter. There is
no appeal from such a judgment, and, after the entry of such a
decree, the establishment of the district may not be questioned in any
action or proceeding, except as otherwise provided by this chapter.
(d) If the court finds that no necessity exists for the establishment
of the flood control district, the proceedings shall be dismissed at the
cost of the petitioning city.
(e) If it appears to the court that the boundaries of the flood
control district as described in the declaratory resolution should be
changed, or that changes in the flood control works as described in
the declaratory resolution should be made, and that such changes will
beneficially or injuriously affect property that would not have been
so affected by the district and works proposed in the declaratory
resolution, then the court may enter an interlocutory order to that
effect and fix a time for further hearing on the petition.
(f) The date for a hearing under subsection (e) may not be less
than ten (10) nor more than fifteen (15) days after the order. The
court shall direct the clerk of the court to publish a notice of the
hearing that sets out a brief summary of the order, including a brief
description of the changes the court proposes to make in respect to
the boundaries or works. The notice shall be published in accordance
with IC 5-3-1. The notice must state the time and place for the
continuation of the hearing on the petition, and advise all parties
affected 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 the
continuation of the hearing and must be based solely on the changes
proposed to be made. If, at the conclusion of the continued hearing,
the court finds that all or part of the proposed changes should be
made, or that the district should be established and the works
constructed as provided for in the declaratory resolution, the court
shall render judgment accordingly and enter a decree as provided
under 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 territory
included within the corporate boundaries of the city petitioning for
the establishment of a flood control district has been inundated by
flood waters during the preceding ten (10) years, then all of the
property within the corporate boundaries of the city is conclusively
presumed to be specially benefited and shall be included in the
district, except for property that is subject to inundation from floods
and will not be included within or protected by the proposed flood
control works.
(b) If twenty-five percent (25%) or more of the territory within the
corporate boundaries of any town included in whole or in part in the
flood control district has been inundated by flood waters during the
preceding ten (10) years, then all of the property within the town is
conclusively presumed to be specially benefited and shall be
included in the district, except for property that is subject to
inundation and will not be included within or protected by the
proposed 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 the
highest flood stage during the preceding ten (10) years;
may be included in a flood control district only if it will be included
within 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 benefit
tax
Sec. 7. Upon the entry of a decree under section 5 of this chapter,
a flood control district constitutes a special taxing district for flood
control purposes. All property in the district is subject to a special
benefit tax for the purpose of providing money to pay the cost of
constructing and maintaining the flood control works. The special
benefit tax, which shall be levied in the manner prescribed by this
chapter, constitutes the amount of special benefits accruing to
property in the district on account of the construction and
maintenance of the works. As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-8 Board of commissioners; membership; oath; removal and
appointment; compensation; meeting; quorum; powers and duties;
conflict of interest
Sec. 8. (a) If a flood control district is established under this
chapter, the construction of the flood control works shall be carried
out under the control of a flood control board, to be known as "Board
of Commissioners, ____________ Flood Control District"
(designating the name of the city instituting the proceedings for the
establishment of the district).
(b) The flood control board consists of:
(1) the members of the works board of the city petitioning for
the establishment of the flood control district; and
(2) the executive of each town or township included in whole
or in part in the district.
(c) Before entering upon his duties, each commissioner of the
flood 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 refuses
to qualify, or after qualifying fails or refuses to take part in the
proceedings of the board, then the board, by a majority vote, may
petition the circuit court for the appointment of a new commissioner.
After a hearing and a showing of cause, the court may remove the
offending commissioner. If the court removes a commissioner, the
executive of the city shall appoint a new commissioner. The new
commissioner must be a freeholder residing in the part of the district
previously represented by the commissioner removed.
(e) Each commissioner of a flood control board is entitled to a
salary fixed by the board, subject to the approval of the legislative
body of the city petitioning for the establishment of the flood control
district.
(f) Within ten (10) days after the entry of the decree establishing
the flood control district, the commissioners of the flood control
board shall meet at the office of the works board of the city
petitioning for the establishment of the district, and shall organize by
electing one (1) of their number president and one (1) vice president.
These officers shall perform the duties usually pertaining to their
offices, and shall serve for a period of one (1) year or until their
successors are elected and qualified. The board shall also appoint a
secretary pro tempore to keep the records of the proceedings until the
board appoints a permanent secretary. The minutes of the board shall
be kept in a permanent minute book, and the first entry in the book
must be a copy of the decree establishing the district and fixing its
boundaries.
(g) A majority of the commissioners of the flood control board
constitutes a quorum for the transaction of any business. If the board
consists of an even number of commissioners and there is a tie vote
on any question, the vote of the president on the question is
controlling.
(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, the
calling of special meetings, methods of procedure, and similar
matters; and
(4) perform all acts necessary and proper for carrying out the
purposes of the flood control district.
(i) The office of the flood control board shall be maintained at the
office of the works board of the city petitioning for the establishment
of the district, or at another place furnished by the city. All records
of the board shall be kept at the office and are public records, open
to inspection by the public during business hours.
(j) A commissioner, appointee, or employee of the flood control
board may not have any direct or indirect interest in any contract let
by the board, or in the furnishing of supplies or materials to the
board. 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 executive
secretary. The executive secretary may not be a commissioner of the
board before the completion of the flood control works, but may be
after their completion.
(b) The salary of the executive secretary shall be fixed by the
flood control board.
(c) The executive secretary may be required to furnish bond in the
amount the flood control board finds necessary. The cost of the bond
may 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, as
directed by the board; and
(3) shall certify copies of the official records and files of the
district that may be required of him by this chapter, or by any
person ordering copies and paying the reasonable cost of
transcription.
Certification of a record by the executive secretary is prima facie
evidence 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 district
engineer, who shall perform the duties assigned by the board.
(b) The engineer's compensation shall be fixed by the flood
control board. However, when the engineering services are
performed by the engineer of the city, the city engineer may receive
this 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 more
attorneys, who shall perform the duties assigned by the board.
(b) The compensation of the attorney or attorneys shall be fixed
by the board. However, when the legal services are performed by an
attorney of the city legal department, that attorney is entitled to
receive 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 the
compensation of all the employees necessary to enable it to perform
its 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, including
the executive secretary, engineer, and attorneys, serve at the pleasure
of 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 flood
control board and the flood control district. The county treasurer
shall make all collections of the special benefit taxes levied by the
board, without any additional compensation other than that allowable
in the case of the collection of general taxes by the treasurer.
(b) The county treasurer shall give bond in the amount and with
the surety prescribed by the flood control board. The cost of the bond
shall 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 for
the county the special benefit taxes levied for the flood control
district and shall perform the same duties in connection with the levy
and collection of these taxes as are performed for general taxes
levied 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 flood
control 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 and
install all or part of the flood control works required by the flood
control district, and to furnish the necessary plans and specifications,
the flood control board shall accept the offer and adopt the plans and
specifications as its own, unless they do not conform to the decree
establishing 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 control
works; authorization
Sec. 17. (a) If the state or a political subdivision has territory that
will be affected in whole or in part by flood control works, it may
grant to the flood control district the use of any property in which it
has an interest, including its rights in public ways, for use in
connection with the construction of the flood control works, upon the
terms agreed upon. Such a grant must be authorized by:
(1) the governor and the state agency having jurisdiction of the
property, 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 deed
or other written instrument that may be recorded. The grant may
provide that when property is no longer needed for the purposes of
the flood control district, the property reverts to the state, or the
political 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 shall
prepare and adopt:
(1) plans and specifications for the flood control works to be
constructed or installed by or for the flood control district;
(2) estimates of the cost of that part of the works to be
contracted for or constructed at the expense of the district;
(3) maps and plats showing the general scope of the works and
the boundaries of all lands considered necessary to be acquired
for the works or that will be injuriously affected in connection
with the construction of the works; and
(4) an acquisition and damage roll showing the separate
descriptions of all land and other property to be acquired or
injuriously affected by the construction and installation of the
works, and an estimate of the total cost of the acquisition or
damages.
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 general
plans approved at the time of the establishment of the district if the
board finds that:
(1) it is not practicable to construct or install the works in
accordance 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's
office, and one (1) copy shall be filed in the office of the clerk of the
circuit court. These copies are open to inspection by the public. The
board shall have notice of the filing published in accordance with
IC 5-3-1. The board shall file proofs of publication of the notice with
the clerk of the court. The notice must refer to the title and number
of the cause in which the district was established and state that the
plans, specifications, estimates, maps, plats, and roll required by this
section 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 the
construction or installation of the proposed flood control works may
file separate objections with the circuit court within fifteen (15) days
after the first publication of notice under subsection (c). The sole
ground of objection is that, due to an unnecessary deviation from the
general plan approved at the time of the establishment of the district,
the property of the objectors will be injuriously affected or should
not be included in the district. The court shall set the objections for
hearing without delay, hear evidence, and determine the facts.
However, the filing of objections does not delay or interfere with the
letting of contracts or the construction of the flood control works,
except to the extent that the court may direct by temporary order
before the hearing or by judgment after the hearing.
(e) If, after a hearing under subsection (d), the court finds that
there has been an unnecessary deviation from the general plan
approved at the time of the establishment of the district, or that any
of the property included in the district as originally established
should 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, and
the 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 this
chapter, it may acquire the property described in the roll by purchase,
by contract, or by the exercise of the power of eminent domain under
IC 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 the
construction of flood control works shall be let by the flood control
board under the statutes concerning the letting of contracts for public
improvements by the works board of the city. The flood control
board may let one (1) contract for the entire works or separate
contracts 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 of
the work, as shown by the estimates previously adopted and filed,
unless approved by the circuit court on petition of the flood control
board.
(c) All contracts must be in writing and signed by the flood
control board's president or vice president and by its executive
secretary.
(d) The validity of a contract may be questioned only in an action
to enjoin the execution of the contract, filed within ten (10) days
after 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 of
offer; additional labor, material, machinery, and equipment
Sec. 21. If the federal government or another source agrees to
furnish all or part of the labor, material, machinery, and equipment
required for any construction or installation, the flood control board
may accept the offer. The board may supply the necessary additional
labor, material, machinery, and equipment to carry out the
agreement. As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-22 Loans for preliminary expenses; sale of warrants; advancement of
funds
Sec. 22. (a) To facilitate the carrying out of preliminary
proceedings and provide money for the payment of expenses before
the issuance of bonds under this chapter, the flood control board
may, by resolution, authorize the making of loans in amounts
approved by the circuit court. The loans shall be evidenced by
callable warrants payable out of the proceeds of bonds, when
available, and the warrants may bear interest at any rate. If the
amount of warrants to be issued at any one (1) time exceeds five
thousand dollars ($5,000), they shall be sold at public sale after
notice given in accordance with IC 5-3-1. The warrants shall be sold
to the bidder offering to purchase them at the lowest actual interest
cost to the district, and shall be executed in the name of the district
by the board's president or vice president and by its executive
secretary.
(b) Any unit having territory included within the flood control
district may advance money to the district. The advances must be
authorized by the fiscal body of the unit. The advances may be made
without appropriation, and warrants evidencing the advances shall be
issued by the district, bearing the rate of interest provided for in the
resolution 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, direct
that bonds be issued in the name of the flood control district:
(1) for the purpose of procuring money to pay the cost of
acquisition of property, the cost of construction or installation
of flood control works, or both; and
(2) in anticipation of the collection of the special benefit taxes
to 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 amount
of damages to be awarded on account of property injuriously
affected but not acquired, as shown by the acquisition and
damage roll previously adopted and filed by the flood control
board or as determined by court action;
(2) the contract price of the works contracted for, or the
estimated cost of additional labor, materials, machinery, and
equipment when the federal government or others have agreed
to supply a part of those items for use on the construction of any
part of the works and no construction contract is to be let;
(3) an amount sufficient to pay the cost of supervision and
inspection during the period of construction;
(4) all other general, administrative, legal, engineering, and
incidental expenses previously incurred on account of or in
connection with the establishment of the district, the
administration of its affairs, the acquisition of property, and the
construction of the works, together with the expenses to be
incurred in connection with the issuance and sale of bonds; and
(5) an amount sufficient to pay any outstanding warrants issued
for the purpose of obtaining money for expenses before the
issuance 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 at
approximately the same time, the board may provide for the total cost
of 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 to
property not acquired exceeds the board's estimate of the amount
required for that purpose, additional bonds may be issued to supply
the deficiency.
(d) The bonds shall be issued in any denomination not exceeding
one thousand dollars ($1,000), and in not less than twenty (20) nor
more than sixty (60) series, which must be as nearly equal as possible
considering 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. The
first payment shall be made on January 1 in the second year
following the date of their issue, if a tax levy to meet the
requirements of the bonds is made in the year in which the bonds are
issued. Otherwise, the first series of bonds is payable on January 1
of 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 to
be determined by bidding. The interest is payable semiannually on
January 1 and July 1 of each year, with the first interest payable on
July 1 preceding the maturity date of the first series of bonds.
(h) The bonds shall be signed by the president or vice president
of the flood control board, and attested by the executive secretary of
the board. The interest coupons shall be executed by placing on them
the facsimile signature of the president or vice president whose
signature appears on the bonds.
(i) The flood control board may not issue any bonds of the flood
control district payable out of special benefit taxes when the total
amount outstanding for that purpose, including the bonds issued and
to be issued, is in excess of five percent (5%) of the total adjusted
value of taxable property in the district as determined under
IC 36-1-15. All bonds or obligations issued in violation of this
subsection are void.
(j) The bonds are not a corporate obligation or indebtedness of
any unit having territory included in the district, but are an
indebtedness of the flood control district as a special taxing district.
The bonds are payable solely out of the special benefit taxes levied
under 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 with
IC 5-3-1.
(l) The bonds shall be sold to the highest qualified bidder, but may
not be sold for less than their par value. The highest bidder is the
person who offers the lowest net interest cost to the district, as
determined by computing the total interest on all of the bonds to their
maturities and then deducting the premium bid, if any.
(m) When the flood control board sells the bonds, the executive
secretary of the board shall have the bonds prepared and executed,
and shall deliver them to the county treasurer, together with a
certificate showing the amount to be paid by the purchaser. Upon the
payment of the purchase price the treasurer shall deliver the bonds to
the purchaser. The executive secretary shall furnish the successful
bidder a transcript of the proceedings relating to the authorization
and issuance of the bonds, together with the other documents
necessary to establish the validity of the bonds. The transcript and
other documents are presumptive evidence of the validity of the
bonds, and shall be accepted in evidence in any litigation relating to
or 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 of
additional 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 the
flood control works or construct additional works in order to
protect the district properly; and
(2) the cost of the replacement, enlargement, extension, or
construction will exceed the amount then available out of
current maintenance and repair funds;
the board may issue bonds under section 23 of this chapter for that
purpose. 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 or
the interest on them at the times fixed for payment, refunding bonds
may be issued and sold under section 23 of this chapter to obtain
money for that purpose. The refunding bonds are payable within the
period 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 the
interest 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 bonds
issued under this chapter, or to prevent their issuance, must be
brought by the time fixed in the bond sale notice for the receiving of
bids. 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 the
sale of bonds under this chapter in a separate fund designated as the
"__________ flood control district construction fund". The fund
shall be used only to pay the costs listed in section 23(b) of this
chapter. Any money remaining out of the proceeds of the bonds after
all of the costs are paid shall be paid into the district bond fund
established under section 30 of this chapter.
(b) The flood control board shall approve and order all payments
made from the flood control district construction fund, and shall
determine the amounts and times of the payments. However, a
payment to a contractor may not exceed eighty percent (80%) of the
district engineer's estimate of work done by the contractor, and the
whole amount of a contract may not be paid until all work to be done
under the contract has been accepted by the board as fully completed
in 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 of
purchase 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 the
purchase or contract.
(b) If property is condemned, the amount of damages assessed
shall be paid as soon as the proceeds from the sale of bonds are
available. Upon the payment of the damages, the title of the property
paid for is fixed and vested in the flood control district in the
manner, to the extent, for the purpose, and subject to the limitations
provided by this chapter.
(c) Title to all property acquired shall be taken in the name of the
flood control district. Within sixty (60) days after any conveyance or
grant of any interest in real property is received by the flood control
board, the board shall have recorded the deed or other instrument of
conveyance or grant, signed by the grantor, in the recorder's office in
the county in which the property is located. In case of condemnation,
a copy of the decree, certified by the clerk of the circuit court and
showing the amount paid to the clerk on account of the damages
awarded, 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 district
bond fund
Sec. 30. (a) For the purpose of obtaining money to pay the bonds
and the interest on them, the flood control board shall levy a special
benefit tax each year upon all of the property in the flood control
district. The tax shall be levied in the amount necessary to pay the
principal of the bonds as they mature, together with the interest
accruing on them.
(b) The flood control board shall cause the tax levied to be
certified to the auditor of the county in which the property subject to
the tax is located, before October 2 of each year. The tax levied and
certified shall be estimated and entered upon the tax duplicates by
the county auditor, and shall be collected and enforced by the county
treasurer 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 be
accumulated in a separate fund to be known as the "__________
flood control district bond fund", and shall be applied only to the
payment 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 control
district maintenance fund; temporary loans
Sec. 31. (a) The flood control board may levy a special benefit tax
each year for the purpose of providing for the cost of operation,
maintenance, and repair of the flood control works after the
completion of the works, including the general expenses of the
board, such as salary and wages, that the board finds are not properly
chargeable to the proceeds of bonds issued under this chapter. The
tax may not exceed eleven and sixty-seven hundredths cents
($0.1167) on each hundred dollars ($100) of taxable property in the
district, as it appears on the tax duplicates.
(b) The property within the flood control district is conclusively
presumed to be benefited to the extent of the annual tax by the
maintenance of the district and the maintenance, operation, and
repair of the flood control works.
(c) The county auditor shall estimate the tax and enter it upon the
tax duplicates, and the county treasurer shall collect and enforce the
tax 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 the
taxes shall, between the first and tenth days of each month, notify the
flood control board of the amount of the tax collected during the
preceding month. Upon the date of notification, the treasurer shall
credit the amount collected to a fund designated as "__________
flood control district maintenance fund", which may be used only for
the purposes stated in this section.
(e) The flood control board has complete and exclusive authority
to expend, on behalf of the flood control district, all revenues
realized under this section.
(f) The flood control board may, by resolution, authorize and
make temporary loans in anticipation of the collection of the special
benefit taxes actually levied and in course of collection under this
section. The loans mature and shall be paid within the year in which
they are made, and may bear interest at any rate payable at the
maturity of the loan. The temporary loans shall be evidenced by
warrants, and, if the amount of warrants to be issued exceeds five
thousand dollars ($5,000), they shall be sold at public sale in the
same 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 "emergency
flood control district fund", which may not exceed at any time one
hundred thousand dollars ($100,000). The emergency fund shall be
established out of money transferred from the flood control district
maintenance fund.
(b) Whenever the emergency fund is reduced below one hundred
thousand dollars ($100,000), the flood control board may transfer
from the maintenance fund the sum it considers necessary for the
purpose of replenishing the emergency fund.
(c) The county treasurer shall keep the emergency fund separate
from the other funds of the flood control district. Any unexpended
sum in the fund shall be retained from year to year to meet flood
emergencies as they arise.
(d) The sum in the emergency fund may not be considered in
making up the budget of the flood control district, except for the
purpose of determining the amount to be levied in order to replenish
the fund.
(e) All withdrawals from the emergency fund shall be used solely
for emergency purposes, and shall be made upon order of the flood
control board in the same manner as withdrawals from other funds
of the flood control district. As added by Acts 1981, P.L.309, SEC.105. Amended by
P.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 shall
be deposited and held in the same manner as other public funds
under 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 bonds
and interest coupons
Sec. 34. (a) Except as provided in subsection (b), revenues raised
under this chapter may be expended only upon a warrant drawn by
the executive secretary of the flood control board for items approved
by the board, with the date of approval indicated on the warrant over
the 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 further
orders
Sec. 35. After the docketing of the petition for the establishment
of the flood control district, and until the flood control works have
been completed and accepted, the cause remains on the docket of the
circuit court as a pending action for the filing of the further petitions
and the making of the further orders that are authorized by this
chapter 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 or
maintenance of the flood control district, or the performance of any
act under this chapter, must be brought and determined only in and
by the circuit court establishing the district. The jurisdiction of the
court in all such matters is conclusive and its judgment is final,
except as otherwise provided in this chapter. All proceedings had
under this chapter shall be heard by the court without the
intervention of a jury, except as otherwise provided in this chapter.
Laws with respect to change of venue from the county do not apply
to proceedings under this chapter, but changes of venue from the
judge 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 the
proceedings had under this chapter, the defects or irregularities may
be cured by supplementary proceedings of the same general nature
as those provided for by this chapter. Only those parties whose
interests or property are directly and adversely affected by the
defects or irregularities may object to them.
(b) It is not necessary to delay the general course of the
proceedings while defects or irregularities are being corrected or
supplied.
(c) If an objection is filed with the circuit court and the objection
is overruled or decided adversely to the objecting party, the court
costs incurred in the filing, hearing, and determination of the
objection shall be taxed to the objecting party. If the objection is
sustained or determined in favor of the objecting party, then the costs
shall 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 this
chapter 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.
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; construction
or elevation of highways and bridges
Sec. 2. A city acting under this chapter may:
(1) construct or install the flood control works necessary to
exclude, divert, remove, reduce, or prevent flood waters caused
by the overflowing of watercourses or by storm or surface
waters in or about a flood control district established under this
chapter; and
(2) construct or elevate highways and bridges necessary to
provide reasonable traffic facilities through or over any
structures 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 security
of the city and its inhabitants to carry out any project for the
protection of the city and its inhabitants from floods;
(2) the project cannot be carried out in the best or most
economical manner without beneficially or injuriously affecting
land or other property located outside the corporate boundaries
of the city; and
(3) the required flood control works can best be provided for
and maintained by the establishment of a special taxing district
for 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 part
of the city and for all or part of the contiguous territory within
four (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 in
the city and the contiguous territory in the preceding ten (10)
years.
(2) The general character of the flood control works that the
works board considers necessary to afford proper protection,
and the general location and route of the levees, dikes, retaining
walls, and other structures that the board considers necessary as
part of those works.
(3) A general description of the boundaries of the territory that
will be beneficially affected by the construction of the proposed
works.
(4) A general estimate of the cost of the property that must be
acquired for the construction of the proposed works, including
the estimated amounts of damages to property injuriously
affected but not acquired.
(5) A general estimate of the cost of construction and
installation of the proposed works, based on the available
information. 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 under
section 3 of this chapter, the city works board shall file with the
circuit court for the county in which the city is located a petition
requesting the establishment of a flood control district to include the
territory described in the resolution. A copy of the resolution shall be
attached to the petition. The petition shall be docketed in the court as
a pending cause, and shall be entitled "In the matter of the city of
____________, petition for the establishment of flood control
district".
(b) Upon the filing of the petition, the circuit court shall fix a time
when 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 the
court shall publish a notice of the hearing in accordance with
IC 5-3-1. The notice must:
(1) contain a brief summary of the petition;
(2) set out the description of the boundaries of the proposed
district, 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 be
heard.
(c) The clerk of the circuit court shall certify and send to the
attorney general, by registered mail, a copy of the petition, together
with a copy of the resolution attached to the petition and a copy of
the notice of hearing.
(d) After the publication and mailing of the notice, all persons
having any interest in property or highways located in the petitioning
city, or within four (4) miles outside the corporate boundaries of the
city, are conclusively presumed to have notice of the pendency of the
petition 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; interlocutory
order on boundaries; continued hearing
Sec. 5. (a) The circuit court shall hear a petition filed under
section 4 of this chapter without a jury. The hearing may be
continued 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 of
venue from the county.
(b) All persons affected by the establishment of the proposed
flood control district or the construction of the proposed flood
control district or the construction of the proposed flood control
works 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 the
proposed district.
The court shall hear evidence and determine the facts upon these
issues. All objections shall be filed at least two (2) days before the
date fixed for the hearing.
(c) If the court finds that a necessity exists for the establishment
of a flood control district and the construction and installation of
flood control works as requested by the petition, the court shall
render judgment accordingly and shall enter a decree establishing the
district, describing it in such a manner that the property included in
it may be sufficiently identified and segregated to permit the levy and
collection of the special taxes provided for by this chapter. There is
no appeal from such a judgment, and, after the entry of such a
decree, the establishment of the district may not be questioned in any
action or proceeding, except as otherwise provided by this chapter.
(d) If the court finds that no necessity exists for the establishment
of the flood control district, the proceedings shall be dismissed at the
cost of the petitioning city.
(e) If it appears to the court that the boundaries of the flood
control district as described in the declaratory resolution should be
changed, or that changes in the flood control works as described in
the declaratory resolution should be made, and that such changes will
beneficially or injuriously affect property that would not have been
so affected by the district and works proposed in the declaratory
resolution, then the court may enter an interlocutory order to that
effect and fix a time for further hearing on the petition.
(f) The date for a hearing under subsection (e) may not be less
than ten (10) nor more than fifteen (15) days after the order. The
court shall direct the clerk of the court to publish a notice of the
hearing that sets out a brief summary of the order, including a brief
description of the changes the court proposes to make in respect to
the boundaries or works. The notice shall be published in accordance
with IC 5-3-1. The notice must state the time and place for the
continuation of the hearing on the petition, and advise all parties
affected 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 the
continuation of the hearing and must be based solely on the changes
proposed to be made. If, at the conclusion of the continued hearing,
the court finds that all or part of the proposed changes should be
made, or that the district should be established and the works
constructed as provided for in the declaratory resolution, the court
shall render judgment accordingly and enter a decree as provided
under 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 territory
included within the corporate boundaries of the city petitioning for
the establishment of a flood control district has been inundated by
flood waters during the preceding ten (10) years, then all of the
property within the corporate boundaries of the city is conclusively
presumed to be specially benefited and shall be included in the
district, except for property that is subject to inundation from floods
and will not be included within or protected by the proposed flood
control works.
(b) If twenty-five percent (25%) or more of the territory within the
corporate boundaries of any town included in whole or in part in the
flood control district has been inundated by flood waters during the
preceding ten (10) years, then all of the property within the town is
conclusively presumed to be specially benefited and shall be
included in the district, except for property that is subject to
inundation and will not be included within or protected by the
proposed 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 the
highest flood stage during the preceding ten (10) years;
may be included in a flood control district only if it will be included
within 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 benefit
tax
Sec. 7. Upon the entry of a decree under section 5 of this chapter,
a flood control district constitutes a special taxing district for flood
control purposes. All property in the district is subject to a special
benefit tax for the purpose of providing money to pay the cost of
constructing and maintaining the flood control works. The special
benefit tax, which shall be levied in the manner prescribed by this
chapter, constitutes the amount of special benefits accruing to
property in the district on account of the construction and
maintenance of the works. As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-8 Board of commissioners; membership; oath; removal and
appointment; compensation; meeting; quorum; powers and duties;
conflict of interest
Sec. 8. (a) If a flood control district is established under this
chapter, the construction of the flood control works shall be carried
out under the control of a flood control board, to be known as "Board
of Commissioners, ____________ Flood Control District"
(designating the name of the city instituting the proceedings for the
establishment of the district).
(b) The flood control board consists of:
(1) the members of the works board of the city petitioning for
the establishment of the flood control district; and
(2) the executive of each town or township included in whole
or in part in the district.
(c) Before entering upon his duties, each commissioner of the
flood 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 refuses
to qualify, or after qualifying fails or refuses to take part in the
proceedings of the board, then the board, by a majority vote, may
petition the circuit court for the appointment of a new commissioner.
After a hearing and a showing of cause, the court may remove the
offending commissioner. If the court removes a commissioner, the
executive of the city shall appoint a new commissioner. The new
commissioner must be a freeholder residing in the part of the district
previously represented by the commissioner removed.
(e) Each commissioner of a flood control board is entitled to a
salary fixed by the board, subject to the approval of the legislative
body of the city petitioning for the establishment of the flood control
district.
(f) Within ten (10) days after the entry of the decree establishing
the flood control district, the commissioners of the flood control
board shall meet at the office of the works board of the city
petitioning for the establishment of the district, and shall organize by
electing one (1) of their number president and one (1) vice president.
These officers shall perform the duties usually pertaining to their
offices, and shall serve for a period of one (1) year or until their
successors are elected and qualified. The board shall also appoint a
secretary pro tempore to keep the records of the proceedings until the
board appoints a permanent secretary. The minutes of the board shall
be kept in a permanent minute book, and the first entry in the book
must be a copy of the decree establishing the district and fixing its
boundaries.
(g) A majority of the commissioners of the flood control board
constitutes a quorum for the transaction of any business. If the board
consists of an even number of commissioners and there is a tie vote
on any question, the vote of the president on the question is
controlling.
(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, the
calling of special meetings, methods of procedure, and similar
matters; and
(4) perform all acts necessary and proper for carrying out the
purposes of the flood control district.
(i) The office of the flood control board shall be maintained at the
office of the works board of the city petitioning for the establishment
of the district, or at another place furnished by the city. All records
of the board shall be kept at the office and are public records, open
to inspection by the public during business hours.
(j) A commissioner, appointee, or employee of the flood control
board may not have any direct or indirect interest in any contract let
by the board, or in the furnishing of supplies or materials to the
board. 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 executive
secretary. The executive secretary may not be a commissioner of the
board before the completion of the flood control works, but may be
after their completion.
(b) The salary of the executive secretary shall be fixed by the
flood control board.
(c) The executive secretary may be required to furnish bond in the
amount the flood control board finds necessary. The cost of the bond
may 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, as
directed by the board; and
(3) shall certify copies of the official records and files of the
district that may be required of him by this chapter, or by any
person ordering copies and paying the reasonable cost of
transcription.
Certification of a record by the executive secretary is prima facie
evidence 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 district
engineer, who shall perform the duties assigned by the board.
(b) The engineer's compensation shall be fixed by the flood
control board. However, when the engineering services are
performed by the engineer of the city, the city engineer may receive
this 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 more
attorneys, who shall perform the duties assigned by the board.
(b) The compensation of the attorney or attorneys shall be fixed
by the board. However, when the legal services are performed by an
attorney of the city legal department, that attorney is entitled to
receive 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 the
compensation of all the employees necessary to enable it to perform
its 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, including
the executive secretary, engineer, and attorneys, serve at the pleasure
of 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 flood
control board and the flood control district. The county treasurer
shall make all collections of the special benefit taxes levied by the
board, without any additional compensation other than that allowable
in the case of the collection of general taxes by the treasurer.
(b) The county treasurer shall give bond in the amount and with
the surety prescribed by the flood control board. The cost of the bond
shall 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 for
the county the special benefit taxes levied for the flood control
district and shall perform the same duties in connection with the levy
and collection of these taxes as are performed for general taxes
levied 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 flood
control 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 and
install all or part of the flood control works required by the flood
control district, and to furnish the necessary plans and specifications,
the flood control board shall accept the offer and adopt the plans and
specifications as its own, unless they do not conform to the decree
establishing 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 control
works; authorization
Sec. 17. (a) If the state or a political subdivision has territory that
will be affected in whole or in part by flood control works, it may
grant to the flood control district the use of any property in which it
has an interest, including its rights in public ways, for use in
connection with the construction of the flood control works, upon the
terms agreed upon. Such a grant must be authorized by:
(1) the governor and the state agency having jurisdiction of the
property, 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 deed
or other written instrument that may be recorded. The grant may
provide that when property is no longer needed for the purposes of
the flood control district, the property reverts to the state, or the
political 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 shall
prepare and adopt:
(1) plans and specifications for the flood control works to be
constructed or installed by or for the flood control district;
(2) estimates of the cost of that part of the works to be
contracted for or constructed at the expense of the district;
(3) maps and plats showing the general scope of the works and
the boundaries of all lands considered necessary to be acquired
for the works or that will be injuriously affected in connection
with the construction of the works; and
(4) an acquisition and damage roll showing the separate
descriptions of all land and other property to be acquired or
injuriously affected by the construction and installation of the
works, and an estimate of the total cost of the acquisition or
damages.
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 general
plans approved at the time of the establishment of the district if the
board finds that:
(1) it is not practicable to construct or install the works in
accordance 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's
office, and one (1) copy shall be filed in the office of the clerk of the
circuit court. These copies are open to inspection by the public. The
board shall have notice of the filing published in accordance with
IC 5-3-1. The board shall file proofs of publication of the notice with
the clerk of the court. The notice must refer to the title and number
of the cause in which the district was established and state that the
plans, specifications, estimates, maps, plats, and roll required by this
section 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 the
construction or installation of the proposed flood control works may
file separate objections with the circuit court within fifteen (15) days
after the first publication of notice under subsection (c). The sole
ground of objection is that, due to an unnecessary deviation from the
general plan approved at the time of the establishment of the district,
the property of the objectors will be injuriously affected or should
not be included in the district. The court shall set the objections for
hearing without delay, hear evidence, and determine the facts.
However, the filing of objections does not delay or interfere with the
letting of contracts or the construction of the flood control works,
except to the extent that the court may direct by temporary order
before the hearing or by judgment after the hearing.
(e) If, after a hearing under subsection (d), the court finds that
there has been an unnecessary deviation from the general plan
approved at the time of the establishment of the district, or that any
of the property included in the district as originally established
should 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, and
the 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 this
chapter, it may acquire the property described in the roll by purchase,
by contract, or by the exercise of the power of eminent domain under
IC 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 the
construction of flood control works shall be let by the flood control
board under the statutes concerning the letting of contracts for public
improvements by the works board of the city. The flood control
board may let one (1) contract for the entire works or separate
contracts 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 of
the work, as shown by the estimates previously adopted and filed,
unless approved by the circuit court on petition of the flood control
board.
(c) All contracts must be in writing and signed by the flood
control board's president or vice president and by its executive
secretary.
(d) The validity of a contract may be questioned only in an action
to enjoin the execution of the contract, filed within ten (10) days
after 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 of
offer; additional labor, material, machinery, and equipment
Sec. 21. If the federal government or another source agrees to
furnish all or part of the labor, material, machinery, and equipment
required for any construction or installation, the flood control board
may accept the offer. The board may supply the necessary additional
labor, material, machinery, and equipment to carry out the
agreement. As added by Acts 1981, P.L.309, SEC.105.
IC 36-9-29-22 Loans for preliminary expenses; sale of warrants; advancement of
funds
Sec. 22. (a) To facilitate the carrying out of preliminary
proceedings and provide money for the payment of expenses before
the issuance of bonds under this chapter, the flood control board
may, by resolution, authorize the making of loans in amounts
approved by the circuit court. The loans shall be evidenced by
callable warrants payable out of the proceeds of bonds, when
available, and the warrants may bear interest at any rate. If the
amount of warrants to be issued at any one (1) time exceeds five
thousand dollars ($5,000), they shall be sold at public sale after
notice given in accordance with IC 5-3-1. The warrants shall be sold
to the bidder offering to purchase them at the lowest actual interest
cost to the district, and shall be executed in the name of the district
by the board's president or vice president and by its executive
secretary.
(b) Any unit having territory included within the flood control
district may advance money to the district. The advances must be
authorized by the fiscal body of the unit. The advances may be made
without appropriation, and warrants evidencing the advances shall be
issued by the district, bearing the rate of interest provided for in the
resolution 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, direct
that bonds be issued in the name of the flood control district:
(1) for the purpose of procuring money to pay the cost of
acquisition of property, the cost of construction or installation
of flood control works, or both; and
(2) in anticipation of the collection of the special benefit taxes
to 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 amount
of damages to be awarded on account of property injuriously
affected but not acquired, as shown by the acquisition and
damage roll previously adopted and filed by the flood control
board or as determined by court action;
(2) the contract price of the works contracted for, or the
estimated cost of additional labor, materials, machinery, and
equipment when the federal government or others have agreed
to supply a part of those items for use on the construction of any
part of the works and no construction contract is to be let;
(3) an amount sufficient to pay the cost of supervision and
inspection during the period of construction;
(4) all other general, administrative, legal, engineering, and
incidental expenses previously incurred on account of or in
connection with the establishment of the district, the
administration of its affairs, the acquisition of property, and the
construction of the works, together with the expenses to be
incurred in connection with the issuance and sale of bonds; and
(5) an amount sufficient to pay any outstanding warrants issued
for the purpose of obtaining money for expenses before the
issuance 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 at
approximately the same time, the board may provide for the total cost
of 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 to
property not acquired exceeds the board's estimate of the amount
required for that purpose, additional bonds may be issued to supply
the deficiency.
(d) The bonds shall be issued in any denomination not exceeding
one thousand dollars ($1,000), and in not less than twenty (20) nor
more than sixty (60) series, which must be as nearly equal as possible
considering 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. The
first payment shall be made on January 1 in the second year
following the date of their issue, if a tax levy to meet the
requirements of the bonds is made in the year in which the bonds are
issued. Otherwise, the first series of bonds is payable on January 1
of 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 to
be determined by bidding. The interest is payable semiannually on
January 1 and July 1 of each year, with the first interest payable on
July 1 preceding the maturity date of the first series of bonds.
(h) The bonds shall be signed by the president or vice president
of the flood control board, and attested by the executive secretary of
the board. The interest coupons shall be executed by placing on them
the facsimile signature of the president or vice president whose
signature appears on the bonds.
(i) The flood control board may not issue any bonds of the flood
control district payable out of special benefit taxes when the total
amount outstanding for that purpose, including the bonds issued and
to be issued, is in excess of five percent (5%) of the total adjusted
value of taxable property in the district as determined under
IC 36-1-15. All bonds or obligations issued in violation of this
subsection are void.
(j) The bonds are not a corporate obligation or indebtedness of
any unit having territory included in the district, but are an
indebtedness of the flood control district as a special taxing district.
The bonds are payable solely out of the special benefit taxes levied
under 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 with
IC 5-3-1.
(l) The bonds shall be sold to the highest qualified bidder, but may
not be sold for less than their par value. The highest bidder is the
person who offers the lowest net interest cost to the district, as
determined by computing the total interest on all of the bonds to their
maturities and then deducting the premium bid, if any.
(m) When the flood control board sells the bonds, the executive
secretary of the board shall have the bonds prepared and executed,
and shall deliver them to the county treasurer, together with a
certificate showing the amount to be paid by the purchaser. Upon the
payment of the purchase price the treasurer shall deliver the bonds to
the purchaser. The executive secretary shall furnish the successful
bidder a transcript of the proceedings relating to the authorization
and issuance of the bonds, together with the other documents
necessary to establish the validity of the bonds. The transcript and
other documents are presumptive evidence of the validity of the
bonds, and shall be accepted in evidence in any litigation relating to
or 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 of
additional 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 the
flood control works or construct additional works in order to
protect the district properly; and
(2) the cost of the replacement, enlargement, extension, or
construction will exceed the amount then available out of
current maintenance and repair funds;
the board may issue bonds under section 23 of this chapter for that
purpose. 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 or
the interest on them at the times fixed for payment, refunding bonds
may be issued and sold under section 23 of this chapter to obtain
money for that purpose. The refunding bonds are payable within the
period 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 the
interest 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 bonds
issued under this chapter, or to prevent their issuance, must be
brought by the time fixed in the bond sale notice for the receiving of
bids. 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 the
sale of bonds under this chapter in a separate fund designated as the
"__________ flood control district construction fund". The fund
shall be used only to pay the costs listed in section 23(b) of this
chapter. Any money remaining out of the proceeds of the bonds after
all of the costs are paid shall be paid into the district bond fund
established under section 30 of this chapter.
(b) The flood control board shall approve and order all payments
made from the flood control district construction fund, and shall
determine the amounts and times of the payments. However, a
payment to a contractor may not exceed eighty percent (80%) of the
district engineer's estimate of work done by the contractor, and the
whole amount of a contract may not be paid until all work to be done
under the contract has been accepted by the board as fully completed
in 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 of
purchase 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 the
purchase or contract.
(b) If property is condemned, the amount of damages assessed
shall be paid as soon as the proceeds from the sale of bonds are
available. Upon the payment of the damages, the title of the property
paid for is fixed and vested in the flood control district in the
manner, to the extent, for the purpose, and subject to the limitations
provided by this chapter.
(c) Title to all property acquired shall be taken in the name of the
flood control district. Within sixty (60) days after any conveyance or
grant of any interest in real property is received by the flood control
board, the board shall have recorded the deed or other instrument of
conveyance or grant, signed by the grantor, in the recorder's office in
the county in which the property is located. In case of condemnation,
a copy of the decree, certified by the clerk of the circuit court and
showing the amount paid to the clerk on account of the damages
awarded, 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 district
bond fund
Sec. 30. (a) For the purpose of obtaining money to pay the bonds
and the interest on them, the flood control board shall levy a special
benefit tax each year upon all of the property in the flood control
district. The tax shall be levied in the amount necessary to pay the
principal of the bonds as they mature, together with the interest
accruing on them.
(b) The flood control board shall cause the tax levied to be
certified to the auditor of the county in which the property subject to
the tax is located, before October 2 of each year. The tax levied and
certified shall be estimated and entered upon the tax duplicates by
the county auditor, and shall be collected and enforced by the county
treasurer 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 be
accumulated in a separate fund to be known as the "__________
flood control district bond fund", and shall be applied only to the
payment 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 control
district maintenance fund; temporary loans
Sec. 31. (a) The flood control board may levy a special benefit tax
each year for the purpose of providing for the cost of operation,
maintenance, and repair of the flood control works after the
completion of the works, including the general expenses of the
board, such as salary and wages, that the board finds are not properly
chargeable to the proceeds of bonds issued under this chapter. The
tax may not exceed eleven and sixty-seven hundredths cents
($0.1167) on each hundred dollars ($100) of taxable property in the
district, as it appears on the tax duplicates.
(b) The property within the flood control district is conclusively
presumed to be benefited to the extent of the annual tax by the
maintenance of the district and the maintenance, operation, and
repair of the flood control works.
(c) The county auditor shall estimate the tax and enter it upon the
tax duplicates, and the county treasurer shall collect and enforce the
tax 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 the
taxes shall, between the first and tenth days of each month, notify the
flood control board of the amount of the tax collected during the
preceding month. Upon the date of notification, the treasurer shall
credit the amount collected to a fund designated as "__________
flood control district maintenance fund", which may be used only for
the purposes stated in this section.
(e) The flood control board has complete and exclusive authority
to expend, on behalf of the flood control district, all revenues
realized under this section.
(f) The flood control board may, by resolution, authorize and
make temporary loans in anticipation of the collection of the special
benefit taxes actually levied and in course of collection under this
section. The loans mature and shall be paid within the year in which
they are made, and may bear interest at any rate payable at the
maturity of the loan. The temporary loans shall be evidenced by
warrants, and, if the amount of warrants to be issued exceeds five
thousand dollars ($5,000), they shall be sold at public sale in the
same 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 "emergency
flood control district fund", which may not exceed at any time one
hundred thousand dollars ($100,000). The emergency fund shall be
established out of money transferred from the flood control district
maintenance fund.
(b) Whenever the emergency fund is reduced below one hundred
thousand dollars ($100,000), the flood control board may transfer
from the maintenance fund the sum it considers necessary for the
purpose of replenishing the emergency fund.
(c) The county treasurer shall keep the emergency fund separate
from the other funds of the flood control district. Any unexpended
sum in the fund shall be retained from year to year to meet flood
emergencies as they arise.
(d) The sum in the emergency fund may not be considered in
making up the budget of the flood control district, except for the
purpose of determining the amount to be levied in order to replenish
the fund.
(e) All withdrawals from the emergency fund shall be used solely
for emergency purposes, and shall be made upon order of the flood
control board in the same manner as withdrawals from other funds
of the flood control district. As added by Acts 1981, P.L.309, SEC.105. Amended by
P.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 shall
be deposited and held in the same manner as other public funds
under 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 bonds
and interest coupons
Sec. 34. (a) Except as provided in subsection (b), revenues raised
under this chapter may be expended only upon a warrant drawn by
the executive secretary of the flood control board for items approved
by the board, with the date of approval indicated on the warrant over
the 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 further
orders
Sec. 35. After the docketing of the petition for the establishment
of the flood control district, and until the flood control works have
been completed and accepted, the cause remains on the docket of the
circuit court as a pending action for the filing of the further petitions
and the making of the further orders that are authorized by this
chapter 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 or
maintenance of the flood control district, or the performance of any
act under this chapter, must be brought and determined only in and
by the circuit court establishing the district. The jurisdiction of the
court in all such matters is conclusive and its judgment is final,
except as otherwise provided in this chapter. All proceedings had
under this chapter shall be heard by the court without the
intervention of a jury, except as otherwise provided in this chapter.
Laws with respect to change of venue from the county do not apply
to proceedings under this chapter, but changes of venue from the
judge 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 the
proceedings had under this chapter, the defects or irregularities may
be cured by supplementary proceedings of the same general nature
as those provided for by this chapter. Only those parties whose
interests or property are directly and adversely affected by the
defects or irregularities may object to them.
(b) It is not necessary to delay the general course of the
proceedings while defects or irregularities are being corrected or
supplied.
(c) If an objection is filed with the circuit court and the objection
is overruled or decided adversely to the objecting party, the court
costs incurred in the filing, hearing, and determination of the
objection shall be taxed to the objecting party. If the objection is
sustained or determined in favor of the objecting party, then the costs
shall 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 this
chapter 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.
