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.
[Pre-Local Government Recodification Citation: 19-4-18-17 part.]
As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.6-1997, SEC.227.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 29. Flood Control Districts in Certain Cities
36-9-29-1. Application of Chapter
36-9-29-3. Declaratory Resolution; Adoption; Contents
36-9-29-4. Petition to Establish District; Procedure
36-9-29-6. Special Benefit District; Territory Included
36-9-29-7. Special Taxing District for Flood Control Purposes; Special Benefit Tax
36-9-29-9. Executive Secretary; Compensation; Bond; Duties
36-9-29-10. District Engineer; Duties; Compensation
36-9-29-11. Attorney; Duties; Compensation
36-9-29-12. Employees; Compensation; Duties
36-9-29-13. Employees; Term of Employment
36-9-29-14. County Treasurer; Duties
36-9-29-15. County Auditor; Duties
36-9-29-16. Federal Aid; Acceptance; Conditions
36-9-29-17. Use of Territory in Connection With Construction of Flood Control Works; Authorization
36-9-29-19. Acquisition of Property; Purchase, Contract, or Eminent Domain
36-9-29-20. Contracts; Letting Procedure
36-9-29-22. Loans for Preliminary Expenses; Sale of Warrants; Advancement of Funds
36-9-29-23. Bonds; Issuance; Amount; Sale Procedure
36-9-29-25. Refunding Bonds; Issuance; Payment
36-9-29-26. Bonds Issued and Their Interest Exempt From Taxation
36-9-29-27. Validity of Bonds Issued
36-9-29-28. Flood Control District Construction Fund
36-9-29-30. Special Benefit Tax Levy to Pay for Bonds; Flood Control District Bond Fund
36-9-29-32. Emergency Flood Control District Fund
36-9-29-33. Deposit of Funds of Flood Control District
36-9-29-34. Warrants Drawn for Items Approved by Board; Payments on Bonds and Interest Coupons
36-9-29-35. Pending Actions for Filing Further Petitions and for Making Further Orders
36-9-29-36. Jurisdiction of Court
36-9-29-37. Supplementary Proceedings to Cure Defects or Irregularities; Objections
36-9-29-38. Required Proceedings and Notices Under This Chapter