CHAPTER 5. FINANCING HOSPITAL BUILDINGS
IC 16-22-5
Chapter 5. Financing Hospital Buildings
IC 16-22-5-1
Methods authorized
Sec. 1. The methods set out in this chapter may be employed to
establish, construct, enlarge, remodel, and acquire county hospital
buildings.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-2
Continuation of existing cumulative building funds
Sec. 2. Cumulative building funds established under the following
statutes are continued in full force and effect, and the county officers
authorized and empowered to levy the taxes to provide those funds
may continue to do so in accordance with the proposal or plans
establishing those funds:
(1) IC 16-12-16 (before its repeal on September 2, 1971).
(2) IC 16-12-15 (before its repeal on July 1, 1993).
(3) IC 16-12.1-4 (before its repeal on July 1, 1993).
As added by P.L.2-1993, SEC.5.
IC 16-22-5-3
Establishment of cumulative building funds; petition
Sec. 3. (a) A cumulative building fund for the establishment,
enlargement, construction, acquisition, equipping, or remodeling of
county hospital buildings may be established in accordance with this
article.
(b) The board may petition the county executive to levy a tax to
establish the fund, setting out in the petition the amount of the
proposed tax levy and the number of years for which the tax is to be
levied. The county executive shall approve or disapprove the petition
and, if approved, establish the amount of the tax levy and the term to
be levied.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-4
Tax levy for cumulative building fund
Sec. 4. To provide for the cumulative building fund, a tax on all
taxable property within the county may be levied annually for not
more than twelve (12) years and may not exceed eleven and
sixty-seven hundredths cents ($0.1167) on each one hundred dollars
($100) of assessed valuation of property in the county.
As added by P.L.2-1993, SEC.5. Amended by P.L.6-1997, SEC.167.
IC 16-22-5-5
Hearing on tax levy
Sec. 5. The county executive shall set a date for a hearing on the
approval of the tax levy and the county auditor shall publish a notice
at least ten (10) days before the date of the public hearing. The notice
shall state the date, time, and place of the hearing and the proposed
tax levy and term to be levied.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-6
Resolution for tax levy
Sec. 6. If approved following the hearing, the county executive
shall by resolution determine the amount of the tax levy and the time
to be levied and shall certify the resolution to the county fiscal body
for review.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-7
Filing of resolution for approval
Sec. 7. Upon review and approval by the county fiscal body, the
county auditor shall file a copy of the resolution and the county fiscal
body's action if any with the department of local government finance
for approval.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.381.
IC 16-22-5-8
Notice of submitted resolution; petition of objectors
Sec. 8. The department of local government finance shall publish
notice of the submission one (1) time. At least twenty-five (25)
taxpayers in the county who will be affected by the proposed tax levy
may file a petition with the county auditor not later than ten (10)
days after publication, setting forth the taxpayers' objections to the
proposed tax levy.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.382.
IC 16-22-5-9
Certification of objectors' petition
Sec. 9. Upon the filing of a petition, the county auditor shall
immediately certify the petition to the department of local
government finance.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.383.
IC 16-22-5-10
Notice of hearing on petition
Sec. 10. (a) The department of local government finance shall,
within a reasonable time, fix a date for a hearing to be held in the
county and give notice of the hearing to the following:
(1) The executive director of the hospital.
(2) The first twenty-five (25) taxpayers whose names appear on
the petition.
(b) The notice must be in the form of a letter signed by the
secretary or any member of the department of local government
finance and sent by mail with full prepaid postage to the executive
director at the hospital and to each of the taxpayers at the taxpayer's
last and usual place of residence at least five (5) days before the date
fixed for the hearing.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.384.
IC 16-22-5-11
Department of local government finance action; appeal
Sec. 11. (a) After the hearing, the department of local government
finance shall approve, disapprove, or modify the proposal and certify
the department's action to the auditor of the county.
(b) A:
(1) taxpayer who signed a petition filed under section 8 of this
chapter; or
(2) county against which a petition under section 8 of this
chapter is filed;
may petition for judicial review of the final determination of the
department of local government finance under subsection (a). The
petition must be filed in the tax court not more than forty-five (45)
days after the department's action under subsection (a).
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.385;
P.L.256-2003, SEC.34.
IC 16-22-5-12
Budgeting and levy of approved tax levy
Sec. 12. If a tax levy is approved by the department of local
government finance, the following shall occur:
(1) The county auditor shall include the levy in the annual
budget and tax levies of the county for the term fixed in the
order of the department of local government finance.
(2) The county fiscal body shall annually levy the tax.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.386.
IC 16-22-5-13
Reduction or rescission of tax levy
Sec. 13. The county fiscal body may, upon request of the board of
the hospital, reduce or rescind the tax levy.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-14
Appeals to department of local government finance
Sec. 14. (a) Except when the county fiscal body reduces or
rescinds the tax levy upon request of the board of the hospital, if the
tax levy is reduced, rescinded, or not levied by the county fiscal body
as fixed in the order of the department of local government finance,
the board of the hospital may appeal to the department.
(b) An appeal shall be taken and heard in the same manner and
within the same time prescribed by law when appeals are taken by
taxpayers or municipal corporations. The notice of the hearing shall
be given to the county auditor and to the board of the hospital.
(c) Upon the conclusion of the hearing, the department of local
government finance shall affirm the levy and the annual budget. The
order of the department of local government finance is final.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.387.
IC 16-22-5-15
Uses of funds from tax levies for cumulative building fund
Sec. 15. As the tax is collected, the levies become a part of the
hospital funds without further appropriation by the county fiscal
body and may be invested in accordance with IC 16-22-3-20. The
levies shall be separately accounted for as a hospital cumulative
building fund and may not be used for any purposes other than that
for which the cumulative building fund was established, except for
the following:
(1) A lease entered into with an authority or the Indiana finance
authority under IC 5-1-16 may provide that the lease agreement
to pay lease rentals be paid in whole or in part from the hospital
cumulative building fund.
(2) If a loan has been obtained for the same purposes for which
the cumulative building fund was established, the fund may be
used to pay principal and interest on the bonds, notes, or other
evidences of indebtedness of the hospital.
As added by P.L.2-1993, SEC.5. Amended by P.L.43-1993, SEC.18;
P.L.235-2005, SEC.194; P.L.162-2007, SEC.37.
IC 16-22-5-16
Hospital enlargement or remodeling; general obligation bonds
Sec. 16. After a hospital is established and the governing board
appointed, the county executive may issue and sell general obligation
bonds of the county to finance the costs of or the enlargement or
remodeling of hospital buildings in an amount certified by the board
to the county executive to be necessary for that purpose. The bonds
shall be authorized, issued, and sold in accordance with laws
governing the authorization, issuance, and sale of general obligation
bonds by counties. The county fiscal body shall appropriate the
proceeds of sale of the bonds to the board for the purposes for which
the bonds have been sold. The county budget shall provide for
payment of the bonds and the council shall annually levy a tax
sufficient to produce each year the necessary funds for payment of
the principal and interest on the bonds according to the terms of the
bonds.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-17
Loans
Sec. 17. (a) The governing board may borrow money and may
secure the borrowing by a pledge of the following:
(1) Amounts from the cumulative building fund.
(2) Accounts receivable.
(3) A security interest in capital equipment for which the
proceeds of the loan is used.
(4) Other security, including the excess of unobligated revenues
over operating expenses.
(b) The term of a loan may not exceed thirty-five (35) years.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-18
Appropriation, tax levy, or grant
Sec. 18. Funds may be received by appropriation, tax levy, or
grant from any of the following:
(1) The county in which the hospital is located.
(2) An adjoining county or counties if permitted by law.
(3) The state.
(4) An agency or instrumentality of the United States
government.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-19
Federal funds
Sec. 19. The governing board, county executive, or county fiscal
body may enter into agreements with the United States or a
department, an agency, or an instrumentality of the United States:
(1) with respect to loans or loan guarantees in accordance with
IC 16-22-3-26; or
(2) to permit the hospital or county to accept a subsidy or
payment of all or part of the interest payable on obligations
issued and sold for hospital purposes.
As added by P.L.2-1993, SEC.5.
IC 16-22-5-20
Gifts
Sec. 20. The governing board may accept contributions, gifts,
devises, or bequests with any lawful limitations, provisions, or
conditions for the use that the donor establishes.
As added by P.L.2-1993, SEC.5.