CHAPTER 17. MUNICIPAL GENERAL IMPROVEMENT FUND
IC 36-9-17
Chapter 17. Municipal General Improvement Fund
IC 36-9-17-1
Application of chapter
Sec. 1. This chapter applies to all municipalities.
As added by Acts 1981, P.L.309, SEC.90.
IC 36-9-17-2
Preliminary financing resolution
Sec. 2. Whenever the works board of a municipality wants to
improve a public way or public place, or to construct, repair, or
reconstruct a sidewalk, curb, gutter, sewer, or drain in the
municipality, it shall adopt a preliminary resolution designating
whether the proposed improvement is to be financed and paid for in
the manner prescribed by this chapter.
As added by Acts 1981, P.L.309, SEC.90.
IC 36-9-17-3
Authorization and composition of fund
Sec. 3. A municipality may, by ordinance and in compliance with
the procedures for the establishment of a cumulative fund under
IC 6-1.1-41, establish a general improvement fund, which shall be
used to construct, repair, or improve streets, alleys, sidewalks, curbs,
gutters, and sewers. This fund consists of:
(1) the special assessments collected under this chapter for
benefits to property from constructing, repairing, or improving
streets, alleys, sidewalks, curbs, gutters, and sewers; and
(2) any appropriation made from the general fund of the
municipality or from taxes levied by the municipal legislative
body for these purposes.
However, special assessments collected by a municipality under any
statute other than this chapter may not be deposited in the fund.
As added by Acts 1981, P.L.309, SEC.90. Amended by P.L.17-1995,
SEC.35.
IC 36-9-17-4
Repealed
(Repealed by P.L.17-1995, SEC.45.)
IC 36-9-17-5
Appropriations; tax levies
Sec. 5. (a) Subject to tax limitations and to the review of
appropriations and tax levies, the legislative body of a municipality
that establishes a general improvement fund may appropriate money
from the general fund of the municipality and transfer that money to
the general improvement fund, levy a tax for the benefit and use of
the general improvement fund in compliance with the procedures for
a levy for a cumulative fund under IC 6-1.1-41, or both.
(b) During the year in which a municipality establishes a general
improvement fund, the municipal legislative body may make an
emergency appropriation from the general fund of the municipality
and transfer that appropriation to the general improvement fund in
the manner prescribed by statute for the making of emergency
appropriations.
(c) Any sum may be appropriated or levied under this section in
any one (1) year, but the aggregate sum that may be appropriated and
levied under this section, including emergency appropriations under
subsection (b), may not exceed the equivalent of sixteen and
sixty-seven hundredths cents ($0.1667) on each one hundred dollars
($100) net taxable valuation of property in the municipality.
As added by Acts 1981, P.L.309, SEC.90. Amended by P.L.17-1995,
SEC.36; P.L.6-1997, SEC.222.
IC 36-9-17-6
Limitations on disbursements
Sec. 6. Disbursements may be made from the general
improvement fund for any purpose only if benefits are to be:
(1) assessed against the properties benefited in the manner
provided by the street and sewer improvement statutes; and
(2) collected in the manner provided by law for the collection
of Barrett Law assessments, with all interest and penalties paid
into the general fund of the municipality.
As added by Acts 1981, P.L.309, SEC.90.
IC 36-9-17-7
Procedure for awarding contracts; assessments
Sec. 7. (a) Contracts for public improvements authorized by this
chapter shall be let according to the statutes authorizing
municipalities to make and finance public improvements.
(b) As soon as any contract for the construction of a public
improvement has been let, the municipal works board shall:
(1) carefully compute the entire cost of the project, including
payments made and to be made to the contractor and all
incidental costs, expenses, and damages paid and incurred
according to law; and
(2) prepare and make out an assessment roll listing the
assessments against the properties benefited.
In determining and fixing the amount of assessments, the giving of
notice of assessments, the holding of public hearings, and the making
of final determinations, subject to the right of appeal from those
determinations, the municipal works board is governed by the street
and sewer improvement statutes.
(c) Assessments made under this chapter are liens on the
properties benefited from the time of the letting of the contract and
shall be collected in the manner provided by law for the collection of
Barrett Law assessments. However, the municipal works board shall
fix a period of not more than five (5) years within which the
assessments shall be paid. Any property owner liable for an
assessment may elect to pay it in annual installments over the period
of time fixed by the municipal works board by executing a waiver in
the manner provided by the street and sewer improvement statutes.
(d) All payments of assessments and all payments made by the
municipality for public improvements under this chapter shall be
made into the general improvement fund.
As added by Acts 1981, P.L.309, SEC.90.