IC 36-9-29.1
Chapter 29.1. Flood Control District in Marion County
IC 36-9-29.1-1 Application of chapter
Sec. 1. This chapter applies to each county having a consolidated
city. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-2 "Board"
Sec. 2. As used in this chapter, "board" refers to the board of
public works of the consolidated city, subject to IC 36-3-4-23. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-3 Special taxing district
Sec. 3. The flood control district referred to in IC 36-3-1-6
constitutes a special taxing district for the purpose of protecting the
county and its residents from floods and flood hazards. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-4 Powers and duties of board
Sec. 4. (a) To carry out this chapter, the board has jurisdiction to
authorize projects of flood control and prevention over all
watercourses, and property affected by these projects, within the
flood control district and in or along any watercourse in any adjacent
county that is a tributary to any watercourse in the district.
(b) In carrying out such a project, the board has the following
powers:
(1) To construct and maintain levees, dikes, retaining walls,
dams, reservoirs, drains, and all other improvements in or along
any watercourse designed to prevent damage and injury through
floods and to conserve water resources.
(2) To provide for the disposal of excess water from any
reservoir on such terms as the board considers best, so long as
this does not impair the function of flood prevention provided
by the improvements.
(3) To construct, reconstruct, repair, relocate, widen, or
resurface any public way connected with such a project.
(4) To remove obstructions in, to dredge or control, to
straighten, or to change the channel of any watercourse.
(5) To reconstruct any new public structure, or any new public
bridge or bridges; or to alter, relocate, remove or require the
removal of, repair, lengthen, widen, or reconstruct any public
structure, or any public bridge or bridges, designed or used for
vehicular or pedestrian traffic, and already built and located,
whether originally built by a municipal corporation or any other
person, across any watercourse.
(6) To regulate and establish channel, bank, and harbor lines on
watercourses; to remove or to require to be removed any
obstruction or encroachment in, beneath, above, along, or
beyond channel, bank, and harbor lines; and to prevent any
future obstructions or encroachments beyond these lines by
dumping or filling with any material or in any other manner.
(7) To regulate the manner in which all sewers, drains, conduits,
viaducts, aqueducts, cables, power lines, and pipelines of any
description crossing the bed of any watercourse, or along its
banks, or carried across, over, or under it on any bridge, trestle,
support, or other structure, shall be located or relocated,
replaced, altered, repaired, constructed, reconstructed,
lengthened, widened, or removed, whether already constructed
or proposed to be constructed or reconstructed by a municipal
corporation or any other person.
(8) To regulate the general manner of construction of all
temporary or permanent bridges, dikes, moorings, landings,
dams, and spillways over, along, or in any watercourses
proposed to be constructed or reconstructed by a municipal
corporation or any other person.
(9) To regulate the removal by any persons of sand and gravel
from watercourses and to establish the distance from bridges
and other structures crossing them, and also the uniform grade
lines to which sand and gravel may be excavated by any
persons.
(10) To regulate the depth, waterway, height, alignment,
location, and general manner of construction, reconstruction,
and repair of any railroad bridge and of any person crossing
over any watercourses or affected by carrying out of projects.
(11) To regulate the general manner of locating, relocating,
constructing, reconstructing, altering, repairing, lengthening,
widening, raising, and aligning any private bridge, including all
its piers, abutments, and supports.
(12) To regulate and order that any of the matters described in
this subsection shall be done by the person owning or
controlling them, in carrying out projects, all subject to
supervision and approval by the board.
(13) To cooperate with any department or agency of the federal
government, and with any department or agency of the state,
that is established for the purpose of developing a
comprehensive plan or program for the protection of life and
property from floods or flood hazards.
(c) A project for flood control may not be carried out until it is
submitted to and approved by the department of natural resources of
the state. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-5 Adoption of resolution
Sec. 5. Whenever the board determines that it is necessary for the
general welfare, safety, or security of the flood control district to
undertake and carry out any project to protect the district and its
residents from floods or flood hazards, the board shall adopt a
resolution declaring this necessity and its purpose to proceed with
the project. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-6 Adoption of general plans and specifications
Sec. 6. (a) The board, as a part of the resolution, shall adopt the
general plans then proposed for the entire project, including a plat
showing the general scope of it and the location and bounds of all
real property then considered necessary to be acquired or removed,
or that would be injuriously affected, in connection with the project.
It shall also determine the estimated cost of all the work, including
the estimated damages to be awarded to the owners of the real and
personal property. An appraisal is not required for those estimates.
(b) The adoption or filing of any specifications covering all or
parts of the project and details of other matters is optional with the
board, and it may also receive and file alternate plans and
specifications, submitted by any person for all or any parts of the
project. The board may, at the final hearing, adopt all or any of these
materials in place of the board's plans and specifications. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986,
SEC.6.
IC 36-9-29.1-7 Filing and notice; resolution, plans, and specifications
Sec. 7. (a) The resolutions and plans, plat, descriptions, and
estimates and specifications, if any, shall be filed and opened to
inspection by the public at the board's office.
(b) The board shall then give notice in accordance with IC 5-3-1
of the adoption and general purport of the resolution and of the fact
that the resolution, plans, plat, descriptions, and estimates and
specifications, if any, have been prepared, are on file in the office of
the board, and can be inspected. The notice must name a date on
which the board will receive and hear objections from any person
interested in or who will be affected by the resolution. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-8 Hearing and final decision concerning project
Sec. 8. (a) At or before the time fixed for the hearing, any person
interested in or who will be affected by the proposed project may file
with the board a written remonstrance against the proposed project,
in whole or in part.
(b) At the hearing, which may be adjourned from time to time, the
board shall hear all persons who are interested in the proceedings and
shall finally determine whether or not the proposed project, in whole
or in part, is necessary for the general welfare, safety, and security of
the flood control district, in order to provide flood prevention and
control. The board may then confirm, modify and confirm as
modified, or rescind the resolution.
(c) The final decision shall be entered in the records of the board
and is final, binding, and conclusive upon all persons. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-9 Special tax on property within flood control district
Sec. 9. Upon final action of the board confirming the resolution
in its original or any modified form, all property, real and personal,
located within the flood control district is subject to a special tax for
the purpose of providing money to pay the total cost of the
construction of the project or projects, and of acquiring all necessary
lands or rights-of-way, as described and provided in the resolution,
including all necessary incidental expenses. This special tax is
declared to constitute the amount of benefits resulting to all the
property from the proceedings and shall be levied as provided in this
chapter. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-10 Condemnation proceedings
Sec. 10. If the board has finally confirmed any resolution for all
or any part of any project of flood prevention and control, and any
property is required to be condemned, appropriated, or purchased, or
is damaged or injuriously affected by the carrying out of the flood
prevention project and work, the board shall proceed with reference
to this property and awards of damages in all respects, whenever
necessary, in accordance with IC 32-24. Any part of the
appropriation proceedings as to any property may be included in
either the original resolution or any subsequent resolutions. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.2-2002,
SEC.126.
IC 36-9-29.1-11 Award of contract for project
Sec. 11. If the board finally confirms the resolution, it shall then
proceed to award a contract for the project in accordance with
IC 36-1-12. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-12 Flood control district bonds
Sec. 12. (a) For the purpose of raising money to pay for the
property and the construction, and in anticipation of the special tax
to be levied as provided in section 14 of this chapter, the board may
cause to be issued, in the name of the consolidated city, the bonds of
the flood control district, not to exceed the amount of the estimated
total cost of all lands, rights-of-way, and other property so to be
acquired and the estimated cost of all work or construction as
provided for in the resolution, and including all expenses necessarily
incurred in connection with the proceedings, together with a sum
sufficient to pay the cost of supervision and inspection during the
period of construction of the work.
(b) The expenses to be covered in the amount of the bond issue
must include all expenses of every kind actually incurred preliminary
to the acquiring of the property and the construction of the work,
such as the cost of necessary records, engineering expenses,
publication of notices, salaries, and other expenses necessary to be
incurred before and in connection with the acquiring of the property,
the amending of the contract, and the sale of bonds.
(c) In case different parcels of land are to be acquired, or more
than one (1) contract for work is amended, at approximately the same
time, whether under one (1) or more resolutions, the board may
provide for the estimated total cost of these items in one (1) issue of
bonds.
(d) The bonds shall be issued in accordance with IC 36-3-5-8.
(e) The bonds are negotiable instruments and bear interest payable
semiannually, on the first days of January and July of each year, with
the first interest to be payable on July 1 preceding the maturity of the
first series of the bonds.
(f) On adopting a resolution ordering the bonds, the board shall
certify a copy of it to the fiscal officer of the consolidated city, who
shall prepare the bonds. The bonds shall be executed by the city
executive and attested by the fiscal officer.
(g) The bonds are exempt from taxation as provided by IC 6-8-5.
(h) All bonds issued by the board shall be sold by the city fiscal
officer in accordance with IC 5-1-11.
(i) Bonds of the flood control district payable by special taxation
may not be issued when the total issue for that purpose, including the
bonds already issued and to be issued, exceeds two percent (2%) of
the adjusted value of the taxable property within 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, in any respect, a corporate obligation or
indebtedness of the consolidated city, but constitute an indebtedness
of the flood control district as a special taxing district, and the bonds
and interest on them are payable only out of a special tax levy upon
all the property of the district. The bonds must recite these terms
upon their face, together with the purpose for which they are issued.
(k) An action to question the validity of any bonds issued for the
flood control district or to prevent their issue must be brought before
the date set for the sale of the bonds, and all bonds, from and after
that date, are incontestable for any reason. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986,
SEC.7; P.L.6-1997, SEC.228.
IC 36-9-29.1-13 Fund for deposit of bond proceeds
Sec. 13. (a) All proceeds from the sale of bonds under section 12
of this chapter shall be kept as a separate and specific fund, to pay
the cost of land, rights-of-way, and other property acquired and of
construction of the work under the resolution, and all costs and
expenses incurred in connection with these things, and no part of the
proceeds may be used for any other purpose.
(b) The fund shall be deposited at interest with the depository or
depositories of other public funds in the consolidated city, and all
interest collected on it belongs to the fund.
(c) Any surplus remaining out of the proceeds of the bonds, after
all of the costs and expenses are fully paid, shall be paid into and
becomes a part of the flood control district bond fund. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-14 Tax levy; flood control district bond fund
Sec. 14. (a) For the purpose of raising money to pay all bonds
issued under section 12 of this chapter and the interest on them, the
city-county legislative body shall levy each year a special tax upon
all the property of the flood control district, in such manner as to
meet and pay the principal of the bonds as they severally mature,
together with all accruing interest. The tax so levied each year shall
be certified to the fiscal officers of the consolidated city and the
county before August 2 in each year.
(b) The tax levied and certified shall be estimated and entered
upon the tax duplicate 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. As the
tax is collected by the county treasurer, it shall be accumulated and
kept in a separate fund to be known as the "flood control district
bond fund," and shall be applied to the payment of the flood control
district bonds and interest as they severally mature and to no other
purpose. All accumulations before their use for the payment of bonds
and interest shall be deposited, at interest, with the depository or
depositories of other funds in the consolidated city, and all interest
collected on them belongs to the fund. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-15 Additional tax levy; flood control maintenance and general expense
fund; temporary loans; insufficient funds
Sec. 15. (a) For the purpose of:
(1) providing for the payment of all general expenses of the
board, including salaries of officers and employees and other
items of expense not properly chargeable into the cost of any
property acquired or work done under any resolution of the
board for which flood control district bonds are issued; and
(2) providing for the operation, maintenance, and repair of any
levees, dikes, retaining walls, reservoirs, drains, and other
works and improvements in or along any watercourse designed
to prevent damage and injury through floods, and other
permanent works constructed, including the repair and
maintenance of equipment or the performance of any duty
imposed by this chapter;
a tax of not exceeding one and thirty-three hundredths cents
($0.0133) on each one hundred dollars ($100) of taxable property in
the district as it appears on the tax duplicates, in addition to all other
taxes, shall be levied annually by the city-county legislative body for
flood control purposes. The county auditor shall estimate the taxes
and enter them upon the tax duplicate, and the county treasurer shall
collect and enforce the taxes, in the same manner as state and county
taxes are estimated, entered, collected, and enforced.
(b) The county treasurer shall, between the first and tenth days of
each month, notify the board of the amount of such taxes collected
for flood control purposes during the preceding month, and upon the
date of notification the county treasurer shall credit an account to be
known as the "flood control maintenance and general expense fund"
with such amount of taxes for flood control purposes as may have
been collected at that time. The fund shall be used and expended
only for the purposes prescribed by this chapter. The board may
expend on behalf of the district all sums of money thus realized.
Warrants for these expenditures shall be drawn by the fiscal officer
of the consolidated city upon the vouchers of the board.
(c) The board may by resolution authorize and make temporary
loans in anticipation of revenues actually levied under this section,
which loans mature and shall be paid within one (1) year from the
date of the making of the loan, with interest payable at the maturity
of the loan. The warrants or other evidence of these loans shall be
sold for not less than par, and before the making of the loan, notice
of the time, place, amount, and terms of making of the loan shall be
given by publication in accordance with IC 5-3-1. The warrants
import no personal obligation for their payment and are payable only
out of the tax so levied.
(d) All money remaining in any of the funds to the credit of the
board at the end of the calendar year continues to belong to these
funds respectively, to be used by the board for the respective
purposes for which the funds are created. All funds raised under this
section shall be deposited at interest with the depository or
depositories of other public funds of the consolidated city, and all
interest collected on them belongs to them.
(e) In the event that the revenues in the "flood control
maintenance and general expense fund" of the district are at any time
insufficient, the consolidated city may appropriate money out of its
general fund for the use and benefit of the district, which amount so
appropriated and used shall be returned and repaid to the city out of
the first available funds by the board. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.6-1997,
SEC.229.
IC 36-9-29.1-16 Payments for property or work; damages assessed; title vested in
consolidated city
Sec. 16. (a) From the separate and specific fund derived from sale
of the bonds as provided in this chapter, and from no other source,
the board shall pay to the parties entitled to it the amounts
respectively due them for any lands, rights-of-way, or other property
taken or purchased, or for work done by contract or otherwise.
(b) In case the lands, rights-of-way, or other property is secured
by purchase or contract, the payment shall be made according to the
terms of the contract. In case of any such property taken by
condemnation as provided in this chapter, the amount of damages
assessed shall be paid or tendered as provided in this chapter, within
ninety (90) days after the final determination of the condemnation
proceedings, or as soon after that as the fund arising from the bonds
is available. The title to the lands, rights-of-way, or other property,
or that part so paid for or otherwise acquired then becomes vested in
the consolidated city, in the manner, to the extent, for the purpose,
and subject to the limitations provided in this chapter.
(c) The board shall order payments from the fund to be made to
contractors in accordance with IC 36-1-12. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-17 Filing and recording; description of land and statement of purpose
Sec. 17. Within sixty (60) days after any land or right in it is paid
for and acquired under this chapter, the board shall file and cause to
be recorded in the recorder's office of the county in which the land
is situated, a description sufficiently accurate for its identification,
with a statement of the purpose for which it is acquired or taken,
which shall be signed by a majority of the board. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-18 Expending funds raised under chapter; appropriation
Sec. 18. No part of any of the funds raised under this chapter may
be expended except upon warrants drawn by the fiscal officer of the
consolidated city, upon vouchers of the board. No appropriation in
any form is necessary, but all funds arising under this chapter are
considered appropriated to the respective purposes named in this
chapter, and are under the control of the board, which has complete
and exclusive authority to expend these funds for these purposes. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1
Chapter 29.1. Flood Control District in Marion County
IC 36-9-29.1-1 Application of chapter
Sec. 1. This chapter applies to each county having a consolidated
city. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-2 "Board"
Sec. 2. As used in this chapter, "board" refers to the board of
public works of the consolidated city, subject to IC 36-3-4-23. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-3 Special taxing district
Sec. 3. The flood control district referred to in IC 36-3-1-6
constitutes a special taxing district for the purpose of protecting the
county and its residents from floods and flood hazards. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-4 Powers and duties of board
Sec. 4. (a) To carry out this chapter, the board has jurisdiction to
authorize projects of flood control and prevention over all
watercourses, and property affected by these projects, within the
flood control district and in or along any watercourse in any adjacent
county that is a tributary to any watercourse in the district.
(b) In carrying out such a project, the board has the following
powers:
(1) To construct and maintain levees, dikes, retaining walls,
dams, reservoirs, drains, and all other improvements in or along
any watercourse designed to prevent damage and injury through
floods and to conserve water resources.
(2) To provide for the disposal of excess water from any
reservoir on such terms as the board considers best, so long as
this does not impair the function of flood prevention provided
by the improvements.
(3) To construct, reconstruct, repair, relocate, widen, or
resurface any public way connected with such a project.
(4) To remove obstructions in, to dredge or control, to
straighten, or to change the channel of any watercourse.
(5) To reconstruct any new public structure, or any new public
bridge or bridges; or to alter, relocate, remove or require the
removal of, repair, lengthen, widen, or reconstruct any public
structure, or any public bridge or bridges, designed or used for
vehicular or pedestrian traffic, and already built and located,
whether originally built by a municipal corporation or any other
person, across any watercourse.
(6) To regulate and establish channel, bank, and harbor lines on
watercourses; to remove or to require to be removed any
obstruction or encroachment in, beneath, above, along, or
beyond channel, bank, and harbor lines; and to prevent any
future obstructions or encroachments beyond these lines by
dumping or filling with any material or in any other manner.
(7) To regulate the manner in which all sewers, drains, conduits,
viaducts, aqueducts, cables, power lines, and pipelines of any
description crossing the bed of any watercourse, or along its
banks, or carried across, over, or under it on any bridge, trestle,
support, or other structure, shall be located or relocated,
replaced, altered, repaired, constructed, reconstructed,
lengthened, widened, or removed, whether already constructed
or proposed to be constructed or reconstructed by a municipal
corporation or any other person.
(8) To regulate the general manner of construction of all
temporary or permanent bridges, dikes, moorings, landings,
dams, and spillways over, along, or in any watercourses
proposed to be constructed or reconstructed by a municipal
corporation or any other person.
(9) To regulate the removal by any persons of sand and gravel
from watercourses and to establish the distance from bridges
and other structures crossing them, and also the uniform grade
lines to which sand and gravel may be excavated by any
persons.
(10) To regulate the depth, waterway, height, alignment,
location, and general manner of construction, reconstruction,
and repair of any railroad bridge and of any person crossing
over any watercourses or affected by carrying out of projects.
(11) To regulate the general manner of locating, relocating,
constructing, reconstructing, altering, repairing, lengthening,
widening, raising, and aligning any private bridge, including all
its piers, abutments, and supports.
(12) To regulate and order that any of the matters described in
this subsection shall be done by the person owning or
controlling them, in carrying out projects, all subject to
supervision and approval by the board.
(13) To cooperate with any department or agency of the federal
government, and with any department or agency of the state,
that is established for the purpose of developing a
comprehensive plan or program for the protection of life and
property from floods or flood hazards.
(c) A project for flood control may not be carried out until it is
submitted to and approved by the department of natural resources of
the state. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-5 Adoption of resolution
Sec. 5. Whenever the board determines that it is necessary for the
general welfare, safety, or security of the flood control district to
undertake and carry out any project to protect the district and its
residents from floods or flood hazards, the board shall adopt a
resolution declaring this necessity and its purpose to proceed with
the project. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-6 Adoption of general plans and specifications
Sec. 6. (a) The board, as a part of the resolution, shall adopt the
general plans then proposed for the entire project, including a plat
showing the general scope of it and the location and bounds of all
real property then considered necessary to be acquired or removed,
or that would be injuriously affected, in connection with the project.
It shall also determine the estimated cost of all the work, including
the estimated damages to be awarded to the owners of the real and
personal property. An appraisal is not required for those estimates.
(b) The adoption or filing of any specifications covering all or
parts of the project and details of other matters is optional with the
board, and it may also receive and file alternate plans and
specifications, submitted by any person for all or any parts of the
project. The board may, at the final hearing, adopt all or any of these
materials in place of the board's plans and specifications. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986,
SEC.6.
IC 36-9-29.1-7 Filing and notice; resolution, plans, and specifications
Sec. 7. (a) The resolutions and plans, plat, descriptions, and
estimates and specifications, if any, shall be filed and opened to
inspection by the public at the board's office.
(b) The board shall then give notice in accordance with IC 5-3-1
of the adoption and general purport of the resolution and of the fact
that the resolution, plans, plat, descriptions, and estimates and
specifications, if any, have been prepared, are on file in the office of
the board, and can be inspected. The notice must name a date on
which the board will receive and hear objections from any person
interested in or who will be affected by the resolution. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-8 Hearing and final decision concerning project
Sec. 8. (a) At or before the time fixed for the hearing, any person
interested in or who will be affected by the proposed project may file
with the board a written remonstrance against the proposed project,
in whole or in part.
(b) At the hearing, which may be adjourned from time to time, the
board shall hear all persons who are interested in the proceedings and
shall finally determine whether or not the proposed project, in whole
or in part, is necessary for the general welfare, safety, and security of
the flood control district, in order to provide flood prevention and
control. The board may then confirm, modify and confirm as
modified, or rescind the resolution.
(c) The final decision shall be entered in the records of the board
and is final, binding, and conclusive upon all persons. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-9 Special tax on property within flood control district
Sec. 9. Upon final action of the board confirming the resolution
in its original or any modified form, all property, real and personal,
located within the flood control district is subject to a special tax for
the purpose of providing money to pay the total cost of the
construction of the project or projects, and of acquiring all necessary
lands or rights-of-way, as described and provided in the resolution,
including all necessary incidental expenses. This special tax is
declared to constitute the amount of benefits resulting to all the
property from the proceedings and shall be levied as provided in this
chapter. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-10 Condemnation proceedings
Sec. 10. If the board has finally confirmed any resolution for all
or any part of any project of flood prevention and control, and any
property is required to be condemned, appropriated, or purchased, or
is damaged or injuriously affected by the carrying out of the flood
prevention project and work, the board shall proceed with reference
to this property and awards of damages in all respects, whenever
necessary, in accordance with IC 32-24. Any part of the
appropriation proceedings as to any property may be included in
either the original resolution or any subsequent resolutions. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.2-2002,
SEC.126.
IC 36-9-29.1-11 Award of contract for project
Sec. 11. If the board finally confirms the resolution, it shall then
proceed to award a contract for the project in accordance with
IC 36-1-12. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-12 Flood control district bonds
Sec. 12. (a) For the purpose of raising money to pay for the
property and the construction, and in anticipation of the special tax
to be levied as provided in section 14 of this chapter, the board may
cause to be issued, in the name of the consolidated city, the bonds of
the flood control district, not to exceed the amount of the estimated
total cost of all lands, rights-of-way, and other property so to be
acquired and the estimated cost of all work or construction as
provided for in the resolution, and including all expenses necessarily
incurred in connection with the proceedings, together with a sum
sufficient to pay the cost of supervision and inspection during the
period of construction of the work.
(b) The expenses to be covered in the amount of the bond issue
must include all expenses of every kind actually incurred preliminary
to the acquiring of the property and the construction of the work,
such as the cost of necessary records, engineering expenses,
publication of notices, salaries, and other expenses necessary to be
incurred before and in connection with the acquiring of the property,
the amending of the contract, and the sale of bonds.
(c) In case different parcels of land are to be acquired, or more
than one (1) contract for work is amended, at approximately the same
time, whether under one (1) or more resolutions, the board may
provide for the estimated total cost of these items in one (1) issue of
bonds.
(d) The bonds shall be issued in accordance with IC 36-3-5-8.
(e) The bonds are negotiable instruments and bear interest payable
semiannually, on the first days of January and July of each year, with
the first interest to be payable on July 1 preceding the maturity of the
first series of the bonds.
(f) On adopting a resolution ordering the bonds, the board shall
certify a copy of it to the fiscal officer of the consolidated city, who
shall prepare the bonds. The bonds shall be executed by the city
executive and attested by the fiscal officer.
(g) The bonds are exempt from taxation as provided by IC 6-8-5.
(h) All bonds issued by the board shall be sold by the city fiscal
officer in accordance with IC 5-1-11.
(i) Bonds of the flood control district payable by special taxation
may not be issued when the total issue for that purpose, including the
bonds already issued and to be issued, exceeds two percent (2%) of
the adjusted value of the taxable property within 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, in any respect, a corporate obligation or
indebtedness of the consolidated city, but constitute an indebtedness
of the flood control district as a special taxing district, and the bonds
and interest on them are payable only out of a special tax levy upon
all the property of the district. The bonds must recite these terms
upon their face, together with the purpose for which they are issued.
(k) An action to question the validity of any bonds issued for the
flood control district or to prevent their issue must be brought before
the date set for the sale of the bonds, and all bonds, from and after
that date, are incontestable for any reason. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986,
SEC.7; P.L.6-1997, SEC.228.
IC 36-9-29.1-13 Fund for deposit of bond proceeds
Sec. 13. (a) All proceeds from the sale of bonds under section 12
of this chapter shall be kept as a separate and specific fund, to pay
the cost of land, rights-of-way, and other property acquired and of
construction of the work under the resolution, and all costs and
expenses incurred in connection with these things, and no part of the
proceeds may be used for any other purpose.
(b) The fund shall be deposited at interest with the depository or
depositories of other public funds in the consolidated city, and all
interest collected on it belongs to the fund.
(c) Any surplus remaining out of the proceeds of the bonds, after
all of the costs and expenses are fully paid, shall be paid into and
becomes a part of the flood control district bond fund. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-14 Tax levy; flood control district bond fund
Sec. 14. (a) For the purpose of raising money to pay all bonds
issued under section 12 of this chapter and the interest on them, the
city-county legislative body shall levy each year a special tax upon
all the property of the flood control district, in such manner as to
meet and pay the principal of the bonds as they severally mature,
together with all accruing interest. The tax so levied each year shall
be certified to the fiscal officers of the consolidated city and the
county before August 2 in each year.
(b) The tax levied and certified shall be estimated and entered
upon the tax duplicate 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. As the
tax is collected by the county treasurer, it shall be accumulated and
kept in a separate fund to be known as the "flood control district
bond fund," and shall be applied to the payment of the flood control
district bonds and interest as they severally mature and to no other
purpose. All accumulations before their use for the payment of bonds
and interest shall be deposited, at interest, with the depository or
depositories of other funds in the consolidated city, and all interest
collected on them belongs to the fund. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-15 Additional tax levy; flood control maintenance and general expense
fund; temporary loans; insufficient funds
Sec. 15. (a) For the purpose of:
(1) providing for the payment of all general expenses of the
board, including salaries of officers and employees and other
items of expense not properly chargeable into the cost of any
property acquired or work done under any resolution of the
board for which flood control district bonds are issued; and
(2) providing for the operation, maintenance, and repair of any
levees, dikes, retaining walls, reservoirs, drains, and other
works and improvements in or along any watercourse designed
to prevent damage and injury through floods, and other
permanent works constructed, including the repair and
maintenance of equipment or the performance of any duty
imposed by this chapter;
a tax of not exceeding one and thirty-three hundredths cents
($0.0133) on each one hundred dollars ($100) of taxable property in
the district as it appears on the tax duplicates, in addition to all other
taxes, shall be levied annually by the city-county legislative body for
flood control purposes. The county auditor shall estimate the taxes
and enter them upon the tax duplicate, and the county treasurer shall
collect and enforce the taxes, in the same manner as state and county
taxes are estimated, entered, collected, and enforced.
(b) The county treasurer shall, between the first and tenth days of
each month, notify the board of the amount of such taxes collected
for flood control purposes during the preceding month, and upon the
date of notification the county treasurer shall credit an account to be
known as the "flood control maintenance and general expense fund"
with such amount of taxes for flood control purposes as may have
been collected at that time. The fund shall be used and expended
only for the purposes prescribed by this chapter. The board may
expend on behalf of the district all sums of money thus realized.
Warrants for these expenditures shall be drawn by the fiscal officer
of the consolidated city upon the vouchers of the board.
(c) The board may by resolution authorize and make temporary
loans in anticipation of revenues actually levied under this section,
which loans mature and shall be paid within one (1) year from the
date of the making of the loan, with interest payable at the maturity
of the loan. The warrants or other evidence of these loans shall be
sold for not less than par, and before the making of the loan, notice
of the time, place, amount, and terms of making of the loan shall be
given by publication in accordance with IC 5-3-1. The warrants
import no personal obligation for their payment and are payable only
out of the tax so levied.
(d) All money remaining in any of the funds to the credit of the
board at the end of the calendar year continues to belong to these
funds respectively, to be used by the board for the respective
purposes for which the funds are created. All funds raised under this
section shall be deposited at interest with the depository or
depositories of other public funds of the consolidated city, and all
interest collected on them belongs to them.
(e) In the event that the revenues in the "flood control
maintenance and general expense fund" of the district are at any time
insufficient, the consolidated city may appropriate money out of its
general fund for the use and benefit of the district, which amount so
appropriated and used shall be returned and repaid to the city out of
the first available funds by the board. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.6-1997,
SEC.229.
IC 36-9-29.1-16 Payments for property or work; damages assessed; title vested in
consolidated city
Sec. 16. (a) From the separate and specific fund derived from sale
of the bonds as provided in this chapter, and from no other source,
the board shall pay to the parties entitled to it the amounts
respectively due them for any lands, rights-of-way, or other property
taken or purchased, or for work done by contract or otherwise.
(b) In case the lands, rights-of-way, or other property is secured
by purchase or contract, the payment shall be made according to the
terms of the contract. In case of any such property taken by
condemnation as provided in this chapter, the amount of damages
assessed shall be paid or tendered as provided in this chapter, within
ninety (90) days after the final determination of the condemnation
proceedings, or as soon after that as the fund arising from the bonds
is available. The title to the lands, rights-of-way, or other property,
or that part so paid for or otherwise acquired then becomes vested in
the consolidated city, in the manner, to the extent, for the purpose,
and subject to the limitations provided in this chapter.
(c) The board shall order payments from the fund to be made to
contractors in accordance with IC 36-1-12. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-17 Filing and recording; description of land and statement of purpose
Sec. 17. Within sixty (60) days after any land or right in it is paid
for and acquired under this chapter, the board shall file and cause to
be recorded in the recorder's office of the county in which the land
is situated, a description sufficiently accurate for its identification,
with a statement of the purpose for which it is acquired or taken,
which shall be signed by a majority of the board. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-18 Expending funds raised under chapter; appropriation
Sec. 18. No part of any of the funds raised under this chapter may
be expended except upon warrants drawn by the fiscal officer of the
consolidated city, upon vouchers of the board. No appropriation in
any form is necessary, but all funds arising under this chapter are
considered appropriated to the respective purposes named in this
chapter, and are under the control of the board, which has complete
and exclusive authority to expend these funds for these purposes. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1
Chapter 29.1. Flood Control District in Marion County
IC 36-9-29.1-1 Application of chapter
Sec. 1. This chapter applies to each county having a consolidated
city. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-2 "Board"
Sec. 2. As used in this chapter, "board" refers to the board of
public works of the consolidated city, subject to IC 36-3-4-23. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-3 Special taxing district
Sec. 3. The flood control district referred to in IC 36-3-1-6
constitutes a special taxing district for the purpose of protecting the
county and its residents from floods and flood hazards. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-4 Powers and duties of board
Sec. 4. (a) To carry out this chapter, the board has jurisdiction to
authorize projects of flood control and prevention over all
watercourses, and property affected by these projects, within the
flood control district and in or along any watercourse in any adjacent
county that is a tributary to any watercourse in the district.
(b) In carrying out such a project, the board has the following
powers:
(1) To construct and maintain levees, dikes, retaining walls,
dams, reservoirs, drains, and all other improvements in or along
any watercourse designed to prevent damage and injury through
floods and to conserve water resources.
(2) To provide for the disposal of excess water from any
reservoir on such terms as the board considers best, so long as
this does not impair the function of flood prevention provided
by the improvements.
(3) To construct, reconstruct, repair, relocate, widen, or
resurface any public way connected with such a project.
(4) To remove obstructions in, to dredge or control, to
straighten, or to change the channel of any watercourse.
(5) To reconstruct any new public structure, or any new public
bridge or bridges; or to alter, relocate, remove or require the
removal of, repair, lengthen, widen, or reconstruct any public
structure, or any public bridge or bridges, designed or used for
vehicular or pedestrian traffic, and already built and located,
whether originally built by a municipal corporation or any other
person, across any watercourse.
(6) To regulate and establish channel, bank, and harbor lines on
watercourses; to remove or to require to be removed any
obstruction or encroachment in, beneath, above, along, or
beyond channel, bank, and harbor lines; and to prevent any
future obstructions or encroachments beyond these lines by
dumping or filling with any material or in any other manner.
(7) To regulate the manner in which all sewers, drains, conduits,
viaducts, aqueducts, cables, power lines, and pipelines of any
description crossing the bed of any watercourse, or along its
banks, or carried across, over, or under it on any bridge, trestle,
support, or other structure, shall be located or relocated,
replaced, altered, repaired, constructed, reconstructed,
lengthened, widened, or removed, whether already constructed
or proposed to be constructed or reconstructed by a municipal
corporation or any other person.
(8) To regulate the general manner of construction of all
temporary or permanent bridges, dikes, moorings, landings,
dams, and spillways over, along, or in any watercourses
proposed to be constructed or reconstructed by a municipal
corporation or any other person.
(9) To regulate the removal by any persons of sand and gravel
from watercourses and to establish the distance from bridges
and other structures crossing them, and also the uniform grade
lines to which sand and gravel may be excavated by any
persons.
(10) To regulate the depth, waterway, height, alignment,
location, and general manner of construction, reconstruction,
and repair of any railroad bridge and of any person crossing
over any watercourses or affected by carrying out of projects.
(11) To regulate the general manner of locating, relocating,
constructing, reconstructing, altering, repairing, lengthening,
widening, raising, and aligning any private bridge, including all
its piers, abutments, and supports.
(12) To regulate and order that any of the matters described in
this subsection shall be done by the person owning or
controlling them, in carrying out projects, all subject to
supervision and approval by the board.
(13) To cooperate with any department or agency of the federal
government, and with any department or agency of the state,
that is established for the purpose of developing a
comprehensive plan or program for the protection of life and
property from floods or flood hazards.
(c) A project for flood control may not be carried out until it is
submitted to and approved by the department of natural resources of
the state. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-5 Adoption of resolution
Sec. 5. Whenever the board determines that it is necessary for the
general welfare, safety, or security of the flood control district to
undertake and carry out any project to protect the district and its
residents from floods or flood hazards, the board shall adopt a
resolution declaring this necessity and its purpose to proceed with
the project. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-6 Adoption of general plans and specifications
Sec. 6. (a) The board, as a part of the resolution, shall adopt the
general plans then proposed for the entire project, including a plat
showing the general scope of it and the location and bounds of all
real property then considered necessary to be acquired or removed,
or that would be injuriously affected, in connection with the project.
It shall also determine the estimated cost of all the work, including
the estimated damages to be awarded to the owners of the real and
personal property. An appraisal is not required for those estimates.
(b) The adoption or filing of any specifications covering all or
parts of the project and details of other matters is optional with the
board, and it may also receive and file alternate plans and
specifications, submitted by any person for all or any parts of the
project. The board may, at the final hearing, adopt all or any of these
materials in place of the board's plans and specifications. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986,
SEC.6.
IC 36-9-29.1-7 Filing and notice; resolution, plans, and specifications
Sec. 7. (a) The resolutions and plans, plat, descriptions, and
estimates and specifications, if any, shall be filed and opened to
inspection by the public at the board's office.
(b) The board shall then give notice in accordance with IC 5-3-1
of the adoption and general purport of the resolution and of the fact
that the resolution, plans, plat, descriptions, and estimates and
specifications, if any, have been prepared, are on file in the office of
the board, and can be inspected. The notice must name a date on
which the board will receive and hear objections from any person
interested in or who will be affected by the resolution. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-8 Hearing and final decision concerning project
Sec. 8. (a) At or before the time fixed for the hearing, any person
interested in or who will be affected by the proposed project may file
with the board a written remonstrance against the proposed project,
in whole or in part.
(b) At the hearing, which may be adjourned from time to time, the
board shall hear all persons who are interested in the proceedings and
shall finally determine whether or not the proposed project, in whole
or in part, is necessary for the general welfare, safety, and security of
the flood control district, in order to provide flood prevention and
control. The board may then confirm, modify and confirm as
modified, or rescind the resolution.
(c) The final decision shall be entered in the records of the board
and is final, binding, and conclusive upon all persons. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-9 Special tax on property within flood control district
Sec. 9. Upon final action of the board confirming the resolution
in its original or any modified form, all property, real and personal,
located within the flood control district is subject to a special tax for
the purpose of providing money to pay the total cost of the
construction of the project or projects, and of acquiring all necessary
lands or rights-of-way, as described and provided in the resolution,
including all necessary incidental expenses. This special tax is
declared to constitute the amount of benefits resulting to all the
property from the proceedings and shall be levied as provided in this
chapter. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-10 Condemnation proceedings
Sec. 10. If the board has finally confirmed any resolution for all
or any part of any project of flood prevention and control, and any
property is required to be condemned, appropriated, or purchased, or
is damaged or injuriously affected by the carrying out of the flood
prevention project and work, the board shall proceed with reference
to this property and awards of damages in all respects, whenever
necessary, in accordance with IC 32-24. Any part of the
appropriation proceedings as to any property may be included in
either the original resolution or any subsequent resolutions. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.2-2002,
SEC.126.
IC 36-9-29.1-11 Award of contract for project
Sec. 11. If the board finally confirms the resolution, it shall then
proceed to award a contract for the project in accordance with
IC 36-1-12. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-12 Flood control district bonds
Sec. 12. (a) For the purpose of raising money to pay for the
property and the construction, and in anticipation of the special tax
to be levied as provided in section 14 of this chapter, the board may
cause to be issued, in the name of the consolidated city, the bonds of
the flood control district, not to exceed the amount of the estimated
total cost of all lands, rights-of-way, and other property so to be
acquired and the estimated cost of all work or construction as
provided for in the resolution, and including all expenses necessarily
incurred in connection with the proceedings, together with a sum
sufficient to pay the cost of supervision and inspection during the
period of construction of the work.
(b) The expenses to be covered in the amount of the bond issue
must include all expenses of every kind actually incurred preliminary
to the acquiring of the property and the construction of the work,
such as the cost of necessary records, engineering expenses,
publication of notices, salaries, and other expenses necessary to be
incurred before and in connection with the acquiring of the property,
the amending of the contract, and the sale of bonds.
(c) In case different parcels of land are to be acquired, or more
than one (1) contract for work is amended, at approximately the same
time, whether under one (1) or more resolutions, the board may
provide for the estimated total cost of these items in one (1) issue of
bonds.
(d) The bonds shall be issued in accordance with IC 36-3-5-8.
(e) The bonds are negotiable instruments and bear interest payable
semiannually, on the first days of January and July of each year, with
the first interest to be payable on July 1 preceding the maturity of the
first series of the bonds.
(f) On adopting a resolution ordering the bonds, the board shall
certify a copy of it to the fiscal officer of the consolidated city, who
shall prepare the bonds. The bonds shall be executed by the city
executive and attested by the fiscal officer.
(g) The bonds are exempt from taxation as provided by IC 6-8-5.
(h) All bonds issued by the board shall be sold by the city fiscal
officer in accordance with IC 5-1-11.
(i) Bonds of the flood control district payable by special taxation
may not be issued when the total issue for that purpose, including the
bonds already issued and to be issued, exceeds two percent (2%) of
the adjusted value of the taxable property within 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, in any respect, a corporate obligation or
indebtedness of the consolidated city, but constitute an indebtedness
of the flood control district as a special taxing district, and the bonds
and interest on them are payable only out of a special tax levy upon
all the property of the district. The bonds must recite these terms
upon their face, together with the purpose for which they are issued.
(k) An action to question the validity of any bonds issued for the
flood control district or to prevent their issue must be brought before
the date set for the sale of the bonds, and all bonds, from and after
that date, are incontestable for any reason. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986,
SEC.7; P.L.6-1997, SEC.228.
IC 36-9-29.1-13 Fund for deposit of bond proceeds
Sec. 13. (a) All proceeds from the sale of bonds under section 12
of this chapter shall be kept as a separate and specific fund, to pay
the cost of land, rights-of-way, and other property acquired and of
construction of the work under the resolution, and all costs and
expenses incurred in connection with these things, and no part of the
proceeds may be used for any other purpose.
(b) The fund shall be deposited at interest with the depository or
depositories of other public funds in the consolidated city, and all
interest collected on it belongs to the fund.
(c) Any surplus remaining out of the proceeds of the bonds, after
all of the costs and expenses are fully paid, shall be paid into and
becomes a part of the flood control district bond fund. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-14 Tax levy; flood control district bond fund
Sec. 14. (a) For the purpose of raising money to pay all bonds
issued under section 12 of this chapter and the interest on them, the
city-county legislative body shall levy each year a special tax upon
all the property of the flood control district, in such manner as to
meet and pay the principal of the bonds as they severally mature,
together with all accruing interest. The tax so levied each year shall
be certified to the fiscal officers of the consolidated city and the
county before August 2 in each year.
(b) The tax levied and certified shall be estimated and entered
upon the tax duplicate 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. As the
tax is collected by the county treasurer, it shall be accumulated and
kept in a separate fund to be known as the "flood control district
bond fund," and shall be applied to the payment of the flood control
district bonds and interest as they severally mature and to no other
purpose. All accumulations before their use for the payment of bonds
and interest shall be deposited, at interest, with the depository or
depositories of other funds in the consolidated city, and all interest
collected on them belongs to the fund. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-15 Additional tax levy; flood control maintenance and general expense
fund; temporary loans; insufficient funds
Sec. 15. (a) For the purpose of:
(1) providing for the payment of all general expenses of the
board, including salaries of officers and employees and other
items of expense not properly chargeable into the cost of any
property acquired or work done under any resolution of the
board for which flood control district bonds are issued; and
(2) providing for the operation, maintenance, and repair of any
levees, dikes, retaining walls, reservoirs, drains, and other
works and improvements in or along any watercourse designed
to prevent damage and injury through floods, and other
permanent works constructed, including the repair and
maintenance of equipment or the performance of any duty
imposed by this chapter;
a tax of not exceeding one and thirty-three hundredths cents
($0.0133) on each one hundred dollars ($100) of taxable property in
the district as it appears on the tax duplicates, in addition to all other
taxes, shall be levied annually by the city-county legislative body for
flood control purposes. The county auditor shall estimate the taxes
and enter them upon the tax duplicate, and the county treasurer shall
collect and enforce the taxes, in the same manner as state and county
taxes are estimated, entered, collected, and enforced.
(b) The county treasurer shall, between the first and tenth days of
each month, notify the board of the amount of such taxes collected
for flood control purposes during the preceding month, and upon the
date of notification the county treasurer shall credit an account to be
known as the "flood control maintenance and general expense fund"
with such amount of taxes for flood control purposes as may have
been collected at that time. The fund shall be used and expended
only for the purposes prescribed by this chapter. The board may
expend on behalf of the district all sums of money thus realized.
Warrants for these expenditures shall be drawn by the fiscal officer
of the consolidated city upon the vouchers of the board.
(c) The board may by resolution authorize and make temporary
loans in anticipation of revenues actually levied under this section,
which loans mature and shall be paid within one (1) year from the
date of the making of the loan, with interest payable at the maturity
of the loan. The warrants or other evidence of these loans shall be
sold for not less than par, and before the making of the loan, notice
of the time, place, amount, and terms of making of the loan shall be
given by publication in accordance with IC 5-3-1. The warrants
import no personal obligation for their payment and are payable only
out of the tax so levied.
(d) All money remaining in any of the funds to the credit of the
board at the end of the calendar year continues to belong to these
funds respectively, to be used by the board for the respective
purposes for which the funds are created. All funds raised under this
section shall be deposited at interest with the depository or
depositories of other public funds of the consolidated city, and all
interest collected on them belongs to them.
(e) In the event that the revenues in the "flood control
maintenance and general expense fund" of the district are at any time
insufficient, the consolidated city may appropriate money out of its
general fund for the use and benefit of the district, which amount so
appropriated and used shall be returned and repaid to the city out of
the first available funds by the board. As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.6-1997,
SEC.229.
IC 36-9-29.1-16 Payments for property or work; damages assessed; title vested in
consolidated city
Sec. 16. (a) From the separate and specific fund derived from sale
of the bonds as provided in this chapter, and from no other source,
the board shall pay to the parties entitled to it the amounts
respectively due them for any lands, rights-of-way, or other property
taken or purchased, or for work done by contract or otherwise.
(b) In case the lands, rights-of-way, or other property is secured
by purchase or contract, the payment shall be made according to the
terms of the contract. In case of any such property taken by
condemnation as provided in this chapter, the amount of damages
assessed shall be paid or tendered as provided in this chapter, within
ninety (90) days after the final determination of the condemnation
proceedings, or as soon after that as the fund arising from the bonds
is available. The title to the lands, rights-of-way, or other property,
or that part so paid for or otherwise acquired then becomes vested in
the consolidated city, in the manner, to the extent, for the purpose,
and subject to the limitations provided in this chapter.
(c) The board shall order payments from the fund to be made to
contractors in accordance with IC 36-1-12. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-17 Filing and recording; description of land and statement of purpose
Sec. 17. Within sixty (60) days after any land or right in it is paid
for and acquired under this chapter, the board shall file and cause to
be recorded in the recorder's office of the county in which the land
is situated, a description sufficiently accurate for its identification,
with a statement of the purpose for which it is acquired or taken,
which shall be signed by a majority of the board. As added by Acts 1982, P.L.77, SEC.24.
IC 36-9-29.1-18 Expending funds raised under chapter; appropriation
Sec. 18. No part of any of the funds raised under this chapter may
be expended except upon warrants drawn by the fiscal officer of the
consolidated city, upon vouchers of the board. No appropriation in
any form is necessary, but all funds arising under this chapter are
considered appropriated to the respective purposes named in this
chapter, and are under the control of the board, which has complete
and exclusive authority to expend these funds for these purposes. As added by Acts 1982, P.L.77, SEC.24.
