Title 36, LOCAL GOVERNMENT

Sec. 15. (a) This section applies to a parcel in an improvement and maintenance district on which development is initiated between November 1, 1985, and June 30, 1988, in accordance with a project agreement executed before June 30, 1988, under IC 36-7-15.1 that provides a maximum…

Sec. 16. (a) If property located within an improvement and maintenance district is owned and used by the state or any municipal corporation, the commission shall determine the amount that would be levied as an assessment for the property under section 14 of this chapter and provi…

Sec. 17. (a) Promptly after determining the proposed assessment for each parcel, the commission shall mail notice (first class postage prepaid) to each owner of property to be assessed. This notice must: (1) set forth the amount of the proposed assessment; (2) state that the prop…

Sec. 18. Each assessment is a lien on the real property that is assessed, second only to taxes levied on that property. As added by P.L.194-1988, SEC.1.

Sec. 19. The commission shall annually transmit to the county auditor the schedule of assessments of benefits. The county auditor shall enter the assessments of benefits on the tax duplicates. The county treasurer shall collect and enforce the amount of the assessed benefit in th…

Sec. 2. As used in this chapter, "commission" refers to the metropolitan development commission acting as the redevelopment commission of the city, subject to IC 36-3-4-23. As added by P.L.194-1988, SEC.1.

Sec. 20. The county treasurer shall, between the first and tenth days of each month, notify the commission regarding the amount of the assessment collected during the preceding month. On the date of this notification, the county treasurer shall credit the amounts collected to the…

Sec. 21. (a) After an improvement and maintenance district is established under this chapter, the legislative body may establish an improvement and maintenance district fund (referred to in this chapter as the "fund"). (b) The following shall be deposited in the fund: (1) Money r…

Sec. 22. (a) The commission is responsible for taking certain official actions that are necessary to carry out an improvement and maintenance project as set forth in the resolution establishing the district or as provided in this chapter. (b) The commission may, with respect to t…

Sec. 23. (a) The department shall take all actions necessary to carry out the improvement and maintenance project set forth in the resolution establishing the district. (b) The director of the department may, with respect to the improvement and maintenance project or the improvem…

Sec. 24. (a) The commission may establish and select the members of an advisory board to assist the commission in governing the improvement and maintenance district. The commission shall determine: (1) the size and composition of the board; and (2) the powers and duties of the bo…

Sec. 3. As used in this chapter, "department" refers to the department of metropolitan development of the city, subject to IC 36-3-4-23. As added by P.L.194-1988, SEC.1.

Sec. 4. As used in this chapter, "improvement and maintenance project" refers to activities that are authorized by section 5 of this chapter to be carried out within or in support of an improvement and maintenance district. As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, …

Sec. 5. (a) An improvement and maintenance project must have a common theme or purpose that is generally described in the resolution that establishes the improvement and maintenance district. (b) The project may include, within the improvement and maintenance district, one (1) or…

Sec. 6. (a) The commission shall consider adopting a resolution establishing an improvement and maintenance district if a request for the resolution is made by: (1) a petition signed by twenty (20) owners of real property located within the proposed district; (2) a petition signe…

Sec. 7. A resolution establishing an improvement and maintenance district must contain the following information: (1) A description of the geographic area to be considered for inclusion in the district. The geographic area consists of the part of the Indiana Central Canal and nea…

Sec. 8. (a) Before deciding whether to adopt a resolution establishing an improvement and maintenance district, the commission shall hold a public hearing. Notice of the public hearing shall be given by publication in accordance with IC 5-3-1 and by certified mail at least twenty…

Sec. 9. (a) At the public hearing under section 8 of this chapter, the commission shall hear all owners in the proposed district (who appear and request to be heard) upon the questions of: (1) the sufficiency of the notice; (2) whether the proposed improvement and maintenance pro…

Sec. 1. This chapter applies to all municipalities. As added by P.L.44-1984, SEC.17.

Sec. 2. The legislative body of a municipality may establish a cumulative capital development fund under IC 6-1.1-41 to provide money for any purpose for which property taxes may be imposed within the municipality under the authority of: IC 8-16-3; IC 8-22-3-25; IC 14-27-6-48; IC…

Sec. 6. (a) The municipal fiscal body may provide money for the cumulative capital development fund by levying a tax in compliance with IC 6-1.1-41 on the taxable property in the municipality. For purposes of this section, a county in which only the county economic development in…

Sec. 8. (a) The tax money collected under this chapter shall be held in a special fund to be known as the cumulative capital development fund. (b) In a consolidated city, money may be transferred from the fund to the fund of a department of the consolidated city responsible for c…

Sec. 1. This chapter applies only to a consolidated city. As added by P.L.61-2018, SEC.1.

Sec. 10. (a) Only special flood hazard property may be included within the boundaries of a flood control improvement district established under this chapter. (b) A flood control improvement district may only include those special flood hazard properties that benefit directly from…

Sec. 11. (a) A commission shall review a recommendation submitted by the board of public works under section 9(e) of this chapter to establish a district within the boundaries of the unit. (b) If the commission finds that the construction, replacement, repair, maintenance, or imp…

Sec. 12. (a) A person who files a written remonstrance with the commission under section 11 of this chapter and who is aggrieved by the final action taken may, within ten (10) days after that final action, file with the office of the clerk of the circuit or superior court of the …

Sec. 13. (a) An allocation provision adopted under this chapter must: (1) apply to the entire flood control improvement district; and (2) require that any property tax on taxable property subsequently levied by or for the benefit of any public body entitled to a distribution of p…

Sec. 14. The commission may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any as…

Sec. 15. The commission may enter into a written agreement with a taxpayer that owns real property located in an allocation area of the district that is exempt from property tax assessment in which the taxpayer agrees to, in lieu of property taxes, pay to the unit authorized to l…

Sec. 16. (a) The fiscal officer of the unit shall establish a flood control improvement fund for each flood control improvement district that is established within the jurisdiction of the unit. (b) The fiscal officer of the unit shall deposit in the fund of a district: (1) proper…

Sec. 17. (a) The commission may issue bonds for the purpose of construction, replacement, repair, maintenance, or improvement of flood control works within a district established under this chapter, including to reimburse a unit for expenditures made from the unit's storm water f…

Sec. 18. All bonds issued under this chapter, together with the interest on them, are exempt from taxation. As added by P.L.61-2018, SEC.1.

Sec. 19. (a) In lieu of issuing bonds under section 17 of this chapter, the fiscal body of the unit that established the commission may adopt an ordinance to authorize money in a flood control improvement fund of a district to be applied to reimburse debt service payments on bond…

Sec. 2. As used in this chapter, "base assessed value" means the net assessed value of all the taxable property located in a flood control improvement district as finally determined for the assessment date immediately preceding the effective date of the resolution adopted under t…

Sec. 20. (a) Beginning the day after the maturity date of the bonds issued under section 17 of this chapter, or the bonds described in section 19(a) of this chapter, whichever is applicable, the allocation and distribution provisions under section 13 of this chapter do not apply,…

Sec. 21. (a) Not later than April 15 of each year, a commission that administers a flood control improvement fund established under section 16 of this chapter shall file with the mayor and the fiscal body of the unit that established the commission a report setting out the commis…

Sec. 22. This chapter may not be construed to prevent, hinder, disrupt, or delay the completion of any public flood control project for which there is a memorandum of agreement or that is ongoing as of May 1, 2018, including the project located in Marion County commonly referred …

Sec. 3. As used in this chapter, "board of public works" refers to the board of public works of the consolidated city. As added by P.L.61-2018, SEC.1.

Sec. 4. As used in this chapter, "commission" refers to the metropolitan development commission acting as the redevelopment commission of the consolidated city under IC 36-7-15.1. As added by P.L.61-2018, SEC.1.

Sec. 5. As used in this chapter, "district" refers to a flood control improvement district established under this chapter. As added by P.L.61-2018, SEC.1.

Sec. 6. As used in this chapter, "flood control works" includes the following: (1) The removal of obstructions and accumulated debris from channels of streams. (2) The clearing and straightening of channels of streams. (3) The creating of new and enlarged channels of streams, whe…

Sec. 7. As used in this chapter, "fund" refers to the flood control improvement fund established under section 16 of this chapter. As added by P.L.61-2018, SEC.1.

Sec. 8. As used in this chapter, "special flood hazard property" means property that on January 1, 2018, is situated in a special flood hazard area as designated by the Federal Emergency Management Agency in which the mandatory purchase of flood insurance may apply. As added by P…

Sec. 9. (a) A unit's board of public works may propose to establish a flood control improvement district under this chapter. (b) A board of public works that proposes to establish a flood control improvement district shall do the following: (1) Establish the boundaries for the di…

Sec. 1. This chapter applies to all counties, cities, and towns that employ probation officers. As added by P.L.277-2003, SEC.14.

Sec. 2. As used in this chapter, "probation officer" means a probation officer or a juvenile probation officer. As added by P.L.277-2003, SEC.14.