§ 36-9-16-4 — Establishment of fund and approval of levy; department of local government finance hearing and action; appeal

Indiana § 36-9-16-4

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 16: Municipal Cumulative Building or Sinking Fund and

Text

(a) A cumulative building fund or cumulative
capital improvement fund may be established by a resolution that is:
(1) adopted by the unit's legislative body; and
(2) approved by the department of local government finance.
(b) Notice of the proposed levy to provide money for the cumulative
building fund or cumulative capital improvement fund shall be given
to all taxpayers in the unit before the proposed action is presented to
the department of local government finance for approval. Notice shall
be given by publication of the proposal in accordance with IC 5-3-1.
(c) If, after the public hearing, the proposed action is submitted for
approval to the department of local government finance, the department
shall require notice of that submission to be given to the taxing district
involved in the manner prescribed by subsection (b).
(d) Fifty (50) or more taxpayers in the taxing district who will be
affected by the tax rate may, not later than ten (10) days after the
publication of the notice, file with the county auditor a petition setting
forth their objections to the proposed levy. The county auditor shall
immediately certify the petition to the department of local government
finance, which, within a reasonable time, shall fix a date for a hearing
on the petition. The hearing shall be held in the county in which the
unit is located. Notice of the hearing shall be given to the executive of
the unit and to the first ten (10) taxpayers whose names appear upon
the petition, by a letter signed by the commissioner or deputy
commissioner of the department of local government finance and sent
by mail to the executive and the taxpayers at their usual place of
residence at least five (5) days before the date fixed for the hearing.
(e) After a hearing upon the proposal, the department of local
government finance shall certify its approval, disapproval, or
modification of the proposed tax levy to the auditor of the county in
which the unit is located.
(f) A:
(1) taxpayer who signed a petition filed under subsection (d); or
(2) unit against which a petition under subsection (d) 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 certifies its action under subsection (e).
[Pre-Local Government Recodification Citations: 18-6-1-2;
18-6-1-3; 18-6-2-2; 18-6-2-3 part; 18-6-16-1 part.]
As added by Acts 1981, P.L.309, SEC.89. Amended by Acts
1981, P.L.317, SEC.14; P.L.199-1988, SEC.7; P.L.90-2002, SEC.512;
P.L.256-2003, SEC.40.