CHAPTER 12. IMPROVEMENTS BENEFITING ONLY CERTAIN PROPERTY
IC 14-33-12
Chapter 12. Improvements Benefiting Only Certain Property
IC 14-33-12-1
Application of chapter
Sec. 1. This chapter applies if the board determines at the time of
the adoption of the district plan that the characteristics of the district
are such that the district plan can best be implemented in certain
parts by the development of works of improvement that are:
(1) of benefit solely to abutting or proximate properties in the
district; and
(2) not of benefit to all the property in the district.
As added by P.L.1-1995, SEC.26.
IC 14-33-12-2
Districts subject to chapter
Sec. 2. (a) In a district subject to this chapter:
(1) the district plan must so state; and
(2) notice to this effect shall be made a part of all notices
regarding the approval and implementation of the district plan.
(b) At the hearing on the district plan, the court shall make a
finding on this question.
As added by P.L.1-1995, SEC.26.
IC 14-33-12-3
Appraisers
Sec. 3. (a) Concurrent with the preparation of detailed
construction drawings, specifications, and refined cost estimates
necessary to implement the district plan, the board shall employ
competent appraisers to do the following:
(1) Appraise the real property that will be benefited by the
implementation of the district plan.
(2) Assign to each property the property's proportional share of
the estimated cost of the improvement, including necessary
engineering and legal fees.
(b) The appraisers shall report the information determined under
subsection (a) in written tabular form to the board.
(c) The board shall tentatively adopt the findings of the appraisers
in the same resolution by which the detailed construction drawings,
specifications, and refined cost estimates are adopted. Notice of the
hearing shall be mailed to the owner of each tract of real property
found to be benefited.
As added by P.L.1-1995, SEC.26.
IC 14-33-12-4
Filing resolution; notice
Sec. 4. (a) Upon confirmation of the resolution, the board shall
file the resolution together with the detailed construction drawings,
specifications, refined cost estimates, and appraisers' findings in
court.
(b) The court shall set a date for a hearing and order notice that
the court considers necessary, but publication must at least be made
in each county having land in the district in accordance with IC 5-3-1
as if the notice affected county business.
(c) At the hearing the court shall order the resolution approved,
rescinded, or modified.
As added by P.L.1-1995, SEC.26.
IC 14-33-12-5
Powers and duties
Sec. 5. (a) After approval by the court, the board shall let
contracts or otherwise construct the works of improvement as
implemented. The board shall exercise the same powers and
discharge the same duties concerning the works of improvement as
prescribed by statute for the board of public works, the board of
finance, and other officers of a municipality concerning the
following:
(1) Liens for street improvements.
(2) The payment of street improvement assessments by
installments.
(3) The issuance of Barrett Law bonds and coupons to
anticipate the collection of assessments.
(b) The duties of the treasurer of a county in which there is real
property affected also apply to the following:
(1) The lien.
(2) The collection and enforcement of the lien.
(3) The payment of assessments for the construction of works
of improvement under:
(A) this chapter; and
(B) IC 13-3-3-86 (before its repeal).
(c) Statutes concerning:
(1) the enforcement of assessment liens for street improvements
in actions of a municipality enforcing the liens and attorney's
fees in those actions;
(2) the procedure;
(3) the conduct of sales by the sheriff under decrees of
foreclosure;
(4) the execution of certificates and deeds; and
(5) all matters of a similar nature regarding street improvements
and collection of assessments in a municipality, including the
rights of contractors, assignees, and bondholders;
apply to the enforcement of assessments made for the construction
of works of improvement under this chapter or under IC 13-3-3-86
(before its repeal) as well as the collection of bonds or coupons
issued under this chapter or under IC 13-3-3-86 (before its repeal).
(d) The board may do the following:
(1) Issue the bonds in anticipation of the collection of
assessments and coupons evidencing interest at any rate directly
to the contractor at the completion of the work.
(2) Issue directly to engineers and attorneys bonds and coupons
in payment of fees incident to the work of improvement.
(e) Notwithstanding other statutes incorporated into this chapter,
a person who agrees to pay the person's assessment in installments
after the bonds are issued:
(1) must pay interest for the full term of ten (10) years; and
(2) may prepay the principal and remaining interest due.
As added by P.L.1-1995, SEC.26.
IC 14-33-12-6
Mutually exclusive provisions
Sec. 6. (a) The provisions of this chapter concerning:
(1) assessments;
(2) the nature of the resulting lien;
(3) collection; and
(4) issuing bonds and coupons in anticipation of the collection
of the assessment;
are mutually exclusive from other sections of this article that relate
to the same subject matter.
(b) The construction and incidental engineering and legal fees of
that part of works of improvement contained in the district plan shall
be paid for and financed according to this chapter and other statutes
incorporated into this chapter and not according to other provisions
of this article only if all the following conditions are met:
(1) The board determines and states as a part of the district plan
that certain parts of the works of improvement will be of benefit
solely to abutting or proximate properties and not of benefit to
all the property in the district.
(2) Notice of the determination is given as is provided in this
chapter.
(3) The court makes an affirmative finding to this effect at the
hearing on the district plan.
(c) If the conditions described in subsection (b) are not met, the
costs and financing of the construction of the works of improvement
shall be done according to other provisions of this article.
As added by P.L.1-1995, SEC.26.
IC 14-33-12-7
Inapplicable provisions
Sec. 7. Other provisions of this article concerning assessments and
bond issues do not apply to this chapter. In addition, provisions of
this chapter concerning assessments and bond issues do not apply to
other chapters of this article.
As added by P.L.1-1995, SEC.26.