Title 36, LOCAL GOVERNMENT

Sec. 21. This chapter constitutes full authority for the issuance of district bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things by a board, an officer, a commission, a department, an agency, or an instrumentality of the state is…

Sec. 22. The general assembly covenants and agrees with the holders of any district bonds that as long as any district bonds issued under this chapter are outstanding and unpaid, the state: (1) will not limit or alter the rights of the district to fulfill the terms of any agreeme…

Sec. 22.5. (a) After removal or remedial action is initiated under this chapter, the district may impose a lien on the property on which the removal or remedial action is undertaken. The lien may secure the payment to the district of an amount of money equal to the amount of mone…

Sec. 23. This chapter is supplemental to all other statutes covering the funding of substance removal or remedial action. As added by P.L.44-1994, SEC.11.

Sec. 3. As used in this chapter, "district" refers to the special taxing district established by section 9 of this chapter. As added by P.L.44-1994, SEC.11.

Sec. 4. As used in this chapter, "qualified site" means a site that is wholly or partially located in the district and on July 1, 1994, is: (1) a site at which solid waste or substances are present or deposited in or on the ground as an intended place of final location; or (2) an…

Sec. 5. As used in this chapter, "remedial action" has the meaning set forth in IC 13-11-2-185. As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.87.

Sec. 6. As used in this chapter, "removal" has the meaning set forth in IC 13-11-2-187. As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.88.

Sec. 7. As used in this chapter, "responsible person" has the meaning set forth in IC 13-11-2-192(b). As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.89.

Sec. 8. As used in this chapter, "substance" has the meaning set forth in IC 13-11-2-98 for the term "hazardous substance". As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.90.

Sec. 9. (a) A special taxing district to be known as the local environmental response taxing district is created in a city described in section 1(1) of this chapter and in a county described in section 1(2) of this chapter for the purpose of funding substance removal or remedial …

Sec. 1. This chapter applies to second and third class cities. [Pre-Local Government Recodification Citation: 19-4-18-1 part.] As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.44, SEC.60.

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,…

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 ci…

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. [Pre-Local Government Recodification Citation: 19-4-18-6 part.] As added by Acts 1981, P.L.309, SEC.105.…

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. [Pre-Local Government Recodification Citation: 19-4-18-6 part.] As added by Acts 1981, P.L.309, SEC.105.

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 t…

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 …

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…

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 con…

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…

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…

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 establ…

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 …

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, ma…

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…

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…

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 construc…

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 fi…

Sec. 26. All bonds issued under this chapter, together with the interest on them, are exempt from taxation. [Pre-Local Government Recodification Citation: 19-4-18-14 part.] As added by Acts 1981, P.L.309, SEC.105.

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. [Pre-Local …

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. An…

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…

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 ou…

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 princip…

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 …

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 fu…

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. [Pre-Local Government Recodification Citation: 19-4-18-16 part.] As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.3-1990, SEC.1…

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 signa…

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, superior court, or probate court as a pending action for the…

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, superior court, or probate court establishing the district…

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 pr…

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. [Pre-Local Government Recodification Citation: 19-4-18-21 part.] As added by Acts 1981, P.L.309, SEC.105.

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 territo…

Sec. 5. (a) The circuit court, superior court, or probate 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 …

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 wi…