reglab/housing_qa huggingface dataset:
IN Code § 36-9-37-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-12. Payment of Assessment in Deferred Installments; Time for Making Payments

Sec. 12. (a) If a property owner has elected to pay the property owner's assessment in installments and the assessment roll for the cost of the improvement was finally approved before July 1 of a year, the first installment of the principal of the assessment, together with accrued interest, is payable on November 10 of that year.(b) If a property owner has elected to pay the property owner's assessment in installments and the assessment roll for the cost of the improvement was finally approved after June 30 of a year, the first installment of the principal of the assessment, together with accrued interest, is payable on May 10 of the following year.(c) Subsequent installments of principal and interest are payable at:(1) one (1) year intervals after the date of payment of the first installment under subsection (a) or (b) if the property owner elected annual payments; or(2) one (1) month intervals after the date of payment of the first installment under subsection (a) or (b) if the property owner elected monthly payments.(d) This subsection applies if the property owner elected annual installment payments. With the first installment of principal, and interest to the first bond maturity date, an amount sufficient to cover six (6) months interest in advance on the assessment shall also be collected. With each succeeding installment of principal, except the last installment, six (6) months interest shall be collected in advance, so that only one (1) annual payment is made by the property owner on the assessment.(e) This subsection applies if the property owner elected monthly installment payments. With each of the first six (6) installments of principal, and interest to the first bond maturity date, an amount sufficient to cover one (1) additional month's interest in advance on the assessment shall also be collected. With each succeeding installment of principal, except the last six (6) installments, one (1) month's interest shall be collected in advance.As added by P.L.98-1993, SEC.8. Amended by P.L.62-2001, SEC.6.
IN Code § 36-9-37-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-13. Payment of Assessment in Installments; Proceeds; Special Fund

Sec. 13. Proceeds from assessments for the payment of a particular improvement may not be used for the payment of other improvements. The proceeds from assessments for the payment of a particular improvement constitute a special fund for the following:(1) Payment of contractors for the particular improvement if allowance of the estimates has been made by the works board of the municipality.(2) Security and payment of bonds issued in anticipation of the collection of the assessments for the improvements, including debt service reserves to secure the payment of the bonds.(3) Payment of expenses incurred by the municipal fiscal officer in performing the municipality's duties under this chapter, IC 36-9-36, IC 36-9-38, or IC 36-9-39 (or under IC 36-9-18 through IC 36-9-21, before the repeal of those provisions in 1993), including any expenses, duties, and costs associated with the issuance, sale, or payment of the bonds.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-14. Prepayment of Assessment Installments

Sec. 14. (a) A property owner who has secured the right to pay the property owner's assessments in deferred installments by the filing of a waiver may, at any time after the expiration of the first year after the filing, pay the entire balance of the assessment and be relieved of the lien on the property owner's property. A property owner may not pay the property owner's entire balance under this subsection unless at the same time the property owner pays all interest due at the next interest paying period.(b) If a person who exercises the right to prepay the person's assessment fully pays the assessment and interest, all interest and liability as to the assessed property ceases.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-15. Prepaid Assessments; Proceeds; Special Fund; Investment; Redemption of Outstanding Bonds

Sec. 15. (a) Prepaid assessments constitute a special fund to be held in trust by the municipality for the owner or owners of the bonds upon which the prepayments have been made.(b) The municipal fiscal officer shall promptly invest and reinvest the special fund in securities of the federal government so that the principal will be available to pay the bonds upon which prepayments were collected as the bonds become due. The interest collected on these securities shall be applied to the payment of the interest lost on account of the prepayment of the assessments. The difference between the interest lost on account of the prepayment of assessments and the amount of interest earned by the investment in federal securities shall be paid by the municipal corporation that issued the improvement bonds.(c) If the terms of the bonds allow early redemption for and to the extent of prepayments of the assessments in anticipation of which the bonds were issued, the municipality may use prepaid assessments to redeem outstanding bonds. However, if the bonds are issued on each parcel of real property covering the assessment against the real property, the municipality shall pay the prepayment to the holder of the bonds and cancel the bonds.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-16. Negligent Investment of Special Fund Money; Liability of Municipality

Sec. 16. If a municipality negligently fails to invest or reinvest the special fund in the manner prescribed by section 15 of this chapter, the municipality is liable to the special fund for interest on the fund, calculated at the rate of interest of the bonds issued on account of the assessments. A holder of bonds upon which prepayments have been made may compel compliance with section 15 of this chapter by mandamus or other appropriate remedy. However, the failure of a bondholder to compel compliance does not relieve the municipality or any of the municipality's officers from liability under this chapter.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-17. Special Fund Created Under Ic 36-9-37-15; Warrants for Disbursements

Sec. 17. Warrants for disbursements from the special fund established under section 15 of this chapter shall be drawn and issued in the manner provided by statute for disbursements from municipal funds. The officer having custody of the special fund shall honor and pay those warrants.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-18. Notice; Payments to Bond Owner; Proceeds Collectable by Fiscal Officer

Sec. 18. If a bond owner receives a payment of interest or principal, or both, that was to have been collected by the fiscal officer of a municipality under this chapter (or under IC 36-9-19 before its repeal in 1993), the bond owner shall notify the fiscal officer of the payment.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-19. Notice of Default on Installment Payments

Sec. 19. (a) If a person defaults in the payment of a waivered installment of principal or interest of an assessment, the municipal fiscal officer shall mail notice of the default to the person. The notice must meet the following conditions:(1) Be mailed not more than sixty (60) days after the default.(2) Show the amount of the default, plus interest on that amount for the number of months the person is in default at one-half (1/2) the rate prescribed by IC 6-1.1-37-9(b).(3) State that the amount of the default, plus interest, is due by the date determined as follows:(A) If the person selected monthly installments under section 8.5(a)(2) of this chapter, within sixty (60) days after the date the notice is mailed.(B) If the person selected annual installments under section 8.5(a)(1) of this chapter, within six (6) months after the date the notice is mailed.(b) A notice that is mailed to the person in whose name the property is assessed and addressed to the person within the municipality is sufficient notice. However, the fiscal officer shall also attempt to determine the name and address of the current owner of the property and send a similar notice to the current owner.(c) Failure to send the notice required by this section does not preclude or otherwise affect the following:(1) The sale of the property for delinquency as prescribed by IC 6-1.1-24.(2) The foreclosure of the assessment lien by the bondholder.(3) The preservation of the assessment lien under section 22.5 of this chapter.As added by P.L.98-1993, SEC.8. Amended by P.L.172-1994, SEC.2; P.L.45-2004, SEC.2; P.L.67-2006, SEC.16; P.L.113-2010, SEC.156.
IN Code § 36-9-37-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-20. Collection of Delinquent Assessments; Interest Penalties

Sec. 20. (a) If any principal and interest, or an installment of principal and interest, is not paid in full when due, the municipal fiscal officer shall enforce payment of the following:(1) The unpaid amount of principal and interest.(2) A penalty of interest at the rate prescribed by subsection (b).(b) If payment is made after a default, the municipal fiscal officer shall also collect a penalty of interest on the delinquent amount at one-half (1/2) the rate prescribed by IC 6-1.1-37-9(b) for each six (6) month period, or fraction of a six (6) month period, from the date when payment should have been made.As added by P.L.98-1993, SEC.8. Amended by P.L.67-2006, SEC.17; P.L.113-2010, SEC.157.
IN Code § 36-9-37-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-21. Interest Penalty Collections; Surplus Barrett Law Account; Use of Funds

Sec. 21. (a) Interest penalties collected under section 20(b) of this chapter shall be credited to an account to be known as the surplus Barrett Law account. The amount credited shall be a part of the waivered municipal improvement funds. The money in the surplus Barrett Law account may be used as follows:(1) To pay the interest on improvement assessments that is lost or forgiven due to the prepayment of installments of assessments.(2) If the amount of money in the account exceeds five (5) times the average annual amount of lost or forgiven interest paid under subdivision (1) during the preceding three (3) years, that excess may be used for any of the following:(A) The purchase of equipment for or pay expenses incurred by the municipal fiscal officer in performing the municipal fiscal officer's duties under the Barrett Law.(B) Providing debt service reserves or other security for bonds issued by the municipality under this chapter, IC 36-9-36, IC 36-9-38, or IC 36-9-39 (or under IC 36-9-18 through IC 36-9-21 before the repeal of those provisions in 1993).(b) If payments of delinquent principal, delinquent interest, and interest penalties that are collected during any six (6) month period ending on May 10 or November 10 are sufficient to pay one percent (1%) of the face value of the bonds, all payments during that six (6) month period shall be applied to the payment of bonds after the next February 1 or August 1. However, if there are no more delinquent collections to be made, payment of the amounts collected shall be made in full.(c) The fact that collections during a six (6) month period are insufficient to pay one percent (1%) of the face value of the bonds does not require the bonds to be marked "not paid for want of funds".As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-22. Default on Single Installment

Sec. 22. Except as provided in section 22.5 of this chapter, the following apply if at least one (1) installment of an assessment is in default:(1) The total amount of the assessment that remains unpaid is considered to be in default.(2) The assessed property is subject to sale under sections 23 through 24 of this chapter to pay that amount.(3) The assessment is subject to the:(A) requirements and duties imposed;(B) rights and remedies provided; and(C) procedures available to the county treasurer;for the collection of delinquent property taxes.As added by P.L.98-1993, SEC.8. Amended by P.L.45-2004, SEC.3.
IN Code § 36-9-37-22.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-22.5. Preservation of Assessment in Default as a Lien

Sec. 22.5. (a) The municipal fiscal officer and the municipal works board may jointly establish procedures allowing a municipality to avoid a sale, on property that is not delinquent for property taxes, penalties, and other special assessments, that:(1) is required under section 22 of this chapter; and(2) would be conducted under IC 6-1.1-24;by preserving an assessment that is in default as a lien against the property on which the assessment was imposed. A lien created under this section applies to the total assessment principal, interest, and penalties owed by the property owner on the date on which the municipality determines that the assessment is in default.(b) Except as provided in subsection (c), an assessment preserved as a lien under this section shall be paid by the person liable for the assessment when ownership of the property is transferred.(c) The following apply to an assessment preserved as a lien under this section:(1) Additional penalties do not accrue to the lien after the date described in subsection (a).(2) The procedures established under subsection (a) must specify when additional interest shall accrue to the lien after the date described in subsection (a).(3) The lien must be recorded.(4) The amount owed by the property owner must be paid by the person liable for the assessment before the final bond maturity date.(d) When the person liable pays an assessment preserved as a lien under this section, the proceeds of the collection are subject to the same requirements as the proceeds of a sale conducted under section 24 of this chapter.As added by P.L.45-2004, SEC.4.
IN Code § 36-9-37-23 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-23. Certification of Delinquent Assessments

Sec. 23. (a) This section does not apply to a municipality if the legislative body of the municipality adopts an ordinance providing that this section does not apply to the municipality.(b) Except as provided in subsection (d), before June 1 of each year the municipal fiscal officer shall certify to the county auditor a list of all delinquent waivered and nonwaivered assessments. The list must include the following:(1) The name or names of the owner or owners of each piece of real property on which the assessments for principal and interest are in default.(2) The description of each of those pieces of property as shown by the records of the county auditor.(3) The total amount of principal, interest, and penalty due on each of those pieces of property.(c) The county auditor shall immediately enter the list in a special duplicate and transmit the list to the county treasurer for collection.(d) After the county treasurer receives the list, payments on the delinquent assessments shall be made only to the county treasurer and may not be accepted by the municipal fiscal officer. However, this subsection does not apply to payments from the county under section 24 of this chapter.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-24. Delinquent Assessments; Sale of Property

Sec. 24. (a) This section does not apply to a municipality if the legislative body of the municipality adopts an ordinance providing that this section does not apply to the municipality.(b) After the county auditor receives the list of delinquencies from the municipal fiscal officer under section 23 of this chapter, the real property on the list is subject to collection by the county treasurer in the same way that delinquent property taxes are collected and may be sold in the manner that property is sold for taxes. The owners and purchasers of the property have the same rights and remedies as the owners and purchasers would have at a tax sale.(c) The county auditor shall issue a county warrant for the principal, interest, and penalty to the municipal fiscal officer originally charged with the collection of the principal, interest, and penalty after the following:(1) The collection of the principal, interest, and penalty.(2) Settlement for principal, interest, and penalty by the county treasurer.(d) This section does not require a county or any of the county's officers to include the amount of delinquent principal, interest, or penalty in a certificate of sale to the county.(e) If a county or municipal officer fails to perform the officer's duties under this section or section 20(a) of this chapter, a person aggrieved by the failure may bring an action against the officer to compel performance.As added by P.L.98-1993, SEC.8. Amended by P.L.172-1994, SEC.3.
IN Code § 36-9-37-25 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-25. Procedures to Avoid a Foreclosure Action

Sec. 25. (a) To avoid a foreclosure action on a special assessment, a municipality may:(1) defer collection of the assessment under section 22.5 of this chapter; or(2) accept a conveyance in satisfaction of the assessment from the owner of the assessed property.(b) If there are bondholders other than the municipality holding bonds on the improvement for which the assessment was made, the municipality may do any of the following:(1) Join with the other bondholders in accepting a conveyance of an undivided interest in the property.(2) Cause a conveyance of the property to be made to a bank or trust company in the municipality and held under a trust agreement by the bank or trust company for the use and benefit of the municipality and the other bondholders.(c) A conveyance under this section may be accepted by the municipality only if the head of the municipal legal department makes a written recommendation to the city executive or town legislative body that the conveyance be accepted.As added by P.L.98-1993, SEC.8. Amended by P.L.45-2004, SEC.5.
IN Code § 36-9-37-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-26. Disposition of Property Acquired by Foreclosure or Conveyance; Procedure

Sec. 26. (a) If a municipality acquires an undivided interest in real property by foreclosure of a special assessment or by a voluntary conveyance under section 25(a) of this chapter, the municipality may dispose of the municipality's interest in the manner prescribed by this section.(b) The municipality must have the municipality's interest in the property appraised by two (2) disinterested appraisers residing in the municipality. After appraisal, the city executive or town legislative body may sell the property interest for not less than the full appraised value of the property interest. Before selling the property interest, the city executive or the town legislative body must first provide notice of the proposed sale by publication in accordance with IC 5-3-1.(c) This subsection applies if the municipality sells the property by acceptance of bids. A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify all of the following:(1) Each beneficiary of the trust.(2) Each settlor empowered to revoke or modify the trust.(d) A conveyance under this section must be executed by the municipal executive and attested by the municipal clerk.(e) The municipality shall return all money received from sales under this section to the fund for the use and benefit of which the property interest is held. Any money in excess of the amount necessary to provide full compensation to the fund for the obligations of the person liable for the assessment shall be returned to that person.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-27 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-27. Disposition of Property Held by Bank or Trust Company

Sec. 27. (a) If property is held by a bank or trust company under section 25(b)(2) of this chapter, the trust agreement between the municipality and the bank or trust company may provide for the sale or conveyance of the property by the bank or trust company. The sale may not be made for less than the full appraised value of the property.(b) The municipality may, in case of a sale, join in the conveyance of the property.As added by P.L.98-1993, SEC.8.
IN Code § 36-9-37-28 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 37. Barrett Law Funding for Municipalities|36-9-37-28. Bonds; Contents; Issuance; Denominations

Sec. 28. (a) When property owners have elected to pay special assessments for a public improvement in installments, the bonds issued in anticipation of the collection of those assessments must bear the date of the final acceptance of the improvement by the municipal works board. The bonds begin to bear interest on this date at a rate determined by the works board.(b) Except as provided in subsection (d), the bonds may be issued in any denomination.(c) Except as provided in subsection (d), the municipal fiscal officer shall choose the denomination that the municipal fiscal officer finds appropriate for the following:(1) The circumstances of the particular improvement project.(2) The efficient administration of the municipal fiscal officer's office.(d) The last bond in a series need not be issued in a denomination of a multiple of one hundred dollars ($100) if the total cost of the particular improvement project for which the series is issued is not an exact multiple of one hundred dollars ($100).As added by P.L.98-1993, SEC.8.