§ 36-9-27-20.5 — Drain maintenance fund; transfer of jurisdiction over drain to municipality or sanitary district

Indiana § 36-9-27-20.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 27: Drainage Law

Text

5. (a) A municipal or sanitary district drain
maintenance fund is established for each drain:
(1) that is subject to assessments by the board for periodic
maintenance and repair; and
(2) jurisdiction over which is transferred by the board to a
municipality or sanitary district under section 20 of this chapter.
(b) Except as provided in subsections (c) and (d), on or after the
date the board transfers jurisdiction over a drain to the municipality or
sanitary district, the county treasurer shall transfer the following to the
municipal or sanitary district drain maintenance fund established under
this section:
(1) The balance of the maintenance fund established under
section 44 of this chapter.
(2) Except as provided in subsection (e), any assessments for
periodic maintenance of the drain that:
(A) were imposed before the date on which the board transfers
jurisdiction of the drain; and
(B) are collected after the date on which the board transfers
jurisdiction of the drain.
(c) Except as provided in subsection (d), if the board transfers
jurisdiction over part of a drain to a municipality or sanitary district, the
county treasurer shall transfer under subsection (b):
(1) the part of the balance in the maintenance fund established
under section 44 of this chapter that bears the same proportion to
the balance in the fund that the length of the part of the drain
transferred to the municipality or sanitary district bears to the total
length of the drain; and
(2) except as provided in subsection (e), the proportion
determined under subdivision (1) of any assessments for periodic
maintenance of the drain that:
(A) were imposed before the date on which the board transfers
jurisdiction of part of the drain; and
(B) are collected after the date on which the board transfers
jurisdiction of part of the drain.
(d) The board and a municipality or sanitary district to which
jurisdiction over part of a drain is transferred may agree in writing to
an apportionment of the maintenance fund and outstanding assessments
different from the apportionment under subsection (c) based on
disproportionate maintenance requirements between the part of the
drain transferred and the part remaining under the jurisdiction of the
board. Subject to subsection (e), a county treasurer who receives a
written agreement under this subsection shall transfer under subsection
(b) the amounts specified in the agreement.
(e) If payment for maintenance work for a drain was made from the
general drain improvement fund under section 45 of this chapter, the
county treasurer shall transfer all or part of the assessment described
in subsection (b)(2) to the general drain improvement fund to
reimburse the fund for all or part of the cost of the maintenance work.
(f) The expenses of a municipal or sanitary district drain
maintenance fund established by subsection (a) shall be paid from the
fund. The municipality or sanitary district to which jurisdiction over a
drain is transferred shall deposit money in the fund established for the
drain under subsection (a) in accordance with IC 5-13-6. Any interest
earned by the fund shall be credited to the fund. Any balance remaining
in the fund at the end of a fiscal year shall be carried over in the fund
for the following fiscal year.
(g) A municipal or sanitary district drain maintenance fund
established under subsection (a) is subject to the use of the
municipality or the sanitary district for the necessary or proper repair,
maintenance, study, or evaluation of the particular drain or
combination of drains for which the fund was established whenever the
municipality or sanitary district finds that it is necessary. Except as
provided in subsection (h), payment for all the maintenance work for
a drain or combination of drains shall be made out of the municipal or
sanitary district drain maintenance fund established for the drain or
combination of drains under subsection (a).
(h) If the balance of a maintenance fund is not sufficient to pay for
all of the maintenance work, the municipality or sanitary district shall
pay for any deficiency from the funds used by the municipality or the
sanitary district to pay for maintenance work on drains that are not
subject to a municipal or sanitary district maintenance fund. A drain
maintenance fund shall close upon payment of all money in the fund.
(i) If the amount of funds on deposit in a municipal or sanitary
district drain maintenance fund is less than five hundred dollars ($500),
the balance of the municipal or sanitary district drain maintenance fund
may be transferred to the fund used by the municipality or the sanitary
district to pay for maintenance work on drains that are not subject to a
municipal or sanitary district maintenance fund, and the drain
maintenance fund shall be closed.

Legislative History

As added by P.L.111-2003, SEC.1.