Sec. 98. (a) Whenever a regulated drain is:

(1) located wholly or partly within a municipality; and

Terms Used In Indiana Code 36-9-27-98

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
  • Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. See Indiana Code 36-9-27-2
  • Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
(2) constructed, reconstructed, or maintained under this chapter;

the municipal fiscal body may, on behalf of the owners assessed or to be assessed within the municipality, pay the total assessment for the construction, reconstruction, or maintenance within the municipality. The payment may be made from any appropriation provided by law, including a cumulative drainage fund established under section 99 of this chapter.

     (b) Whenever a regulated drain is:

(1) located outside the corporate boundaries of any municipality within a county; and

(2) constructed, reconstructed, or maintained under this chapter;

the county fiscal body may, on behalf of the owners assessed or to be assessed outside any municipality and within the county, pay all or part of the assessment for the construction, reconstruction, or maintenance outside any municipality and within the county. The payment of all or part of the assessment by the county fiscal body may be made only from a cumulative drainage fund established under section 99 of this chapter.

[Pre-Local Government Recodification Citations: 19-4-10.1-1 part; 19-4-10.1-2 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.9.