reglab/housing_qa huggingface dataset:
IN Code § 36-9-38-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-24. Final Determination of Costs; Revised Assessment

Sec. 24. (a) The municipal works board may, with the approval of the municipal legislative body, determine all of the following:(1) Whether the benefits assessed against the municipality are proper and should be paid.(2) Whether the municipality should pay a part of the cost of the improvement regardless of benefits assessed.(b) An amount of benefits or costs to be paid by the municipality may be paid:(1) out of the money of the municipality appropriated to the use of the works board for such an improvement; or(2) through the issuance of bonds of the municipality.(c) The notice of hearing required by section 26 of this chapter shall be given after the cost of the improvement has been finally determined by the works board through firm bids or contracts and firm estimates for other costs.(d) If the finally determined cost of the improvement exceeds the total of:(1) the benefits assessed, less damages assessed; and(2) the contributions of the petitioners, the municipality, and other sources;the works board shall direct the appraisers to review the assessments and submit a revised assessment list.(e) The notice of hearing shall be given only after the works board determines that the money available from all sources is adequate to cover the total cost of the improvement, including all costs that are to be reimbursed under section 18(c) of this chapter.As added by P.L.98-1993, SEC.9.
IN Code § 36-9-38-25 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-25. Appraisers; Qualification for Appointment

Sec. 25. A person appointed as an appraiser under this chapter must be:(1) a disinterested licensed real estate broker; or(2) a disinterested licensed appraiser under IC 25-34.1.As added by P.L.98-1993, SEC.9. Amended by P.L.113-2006, SEC.22.
IN Code § 36-9-38-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-26. Notice of Proposed Assessments to Property Owners; Contents

Sec. 26. (a) Promptly after completion of all of the following, the municipal works board shall mail a notice, first class postage prepaid, to each owner of real property to be assessed:(1) The filing of an adequate assessment.(2) The determination of the cost of the improvement.(3) The determination that adequate money will be available.(b) The notices shall be mailed not later than twenty-one (21) days before the hearing date and must do all of the following:(1) Set forth the amount of the proposed assessment.(2) State that the proposed assessment on each parcel of real property in the district is on file and can be seen in the office of the works board.(3) Set forth the date and time the works board will, at the works board's office, do the following:(A) Receive written remonstrances against the assessments.(B) Hear all owners of assessed real property who have filed written remonstrances before the date fixed for the hearing.(c) The notices to the owners may be mailed to the owners' names and addresses appearing on the tax duplicates in the records of the county auditor.As added by P.L.98-1993, SEC.9.
IN Code § 36-9-38-27 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-27. Proposed Assessments; Written Remonstrances; Hearings; Assessment Roll; Deficiency of Funds

Sec. 27. (a) At the hearing fixed under section 26 of this chapter, the municipal works board shall hear all owners of assessed real property who have filed written remonstrances before the date of the hearing. The hearing may be continued from time to time without further notice, as necessary to hear the owners.(b) The works board shall make a determination increasing, decreasing, or confirming each assessment by setting opposite each name, parcel, and appraisers' assessment on the assessment roll the amount of the assessment as determined by the works board. If the total of the assessments exceeds the amount needed, the works board shall make a pro rata reduction in each assessment.(c) The signing of the assessment roll by a majority of the members of the works board and the delivery of the roll to the municipal fiscal officer constitute a final and conclusive determination of the benefits or damages assessed. However, a person may appeal the determination if:(1) the person had previously filed a written remonstrance under this section; or(2) the person's assessment was increased above the amount fixed by the appraisers.(d) An appeal must be made in the manner prescribed by IC 34-13-6.(e) If the final determination of the works board causes the total of the money available to be inadequate to cover the cost of the improvement, the deficiency may be supplied in the manner provided by section 24 of this chapter.As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.218.
IN Code § 36-9-38-28 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-28. Lien of Assessment

Sec. 28. Each assessment levied under this chapter (or under IC 36-9-20 before its repeal in 1993) is a lien on the real property assessed. This lien is second in priority only to taxes levied on the property.As added by P.L.98-1993, SEC.9.
IN Code § 36-9-38-29 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-29. Municipal Assessment; Manner of Payment; Other Assessments; Payment in Installments; Interest

Sec. 29. (a) At the time the municipal works board determines the amount of the assessments, the municipal works board shall also determine the following:(1) The manner in which the municipality shall pay the municipality's assessment, if any.(2) The number of monthly or annual installments over which the other assessments will be paid.(3) The maximum rate of interest on the installments, which may be equal to or greater than the interest rate on bonds issued under section 30 of this chapter.(b) The works board shall certify the determination under subsection (a) to the municipal fiscal officer. This certification must accompany the assessment roll.As added by P.L.98-1993, SEC.9. Amended by P.L.62-2001, SEC.9.
IN Code § 36-9-38-30 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-30. Bonds

Sec. 30. (a) For the purposes of anticipating the collection of assessments under this chapter, the municipality shall issue bonds payable out of the assessments. However, a consolidated city is not required to issue bonds under this section.(b) The terms of the bonds may allow early retirement of the bonds for and to the extent of prepayment of assessments in anticipation of which the bonds were issued.(c) The bonds bear interest at a rate or rates determined by the legislative body of the municipality and shall be executed, sold, and delivered in denominations determined to be appropriate by the municipal fiscal officer as bonds of a municipality are executed, sold, and delivered.(d) If the bonds are sold at a public sale, the advertisement of the sale of the bonds shall be published in accordance with IC 5-3-1. The municipality may also sell the bonds by negotiated private sale to a financial institution.(e) Unless the municipality chooses to sell the bonds by a negotiated private sale to a financial institution, the sale shall be made to the highest and best bidder, as provided in IC 36-9-36. However, the sale may not be for less than the face value of the bonds, plus interest from the date of the bonds to the date of delivery.(f) The bonds and interest on the bonds are exempt from taxation to the extent provided by IC 6-8-5-1.(g) The bonds are not a corporate obligation or an indebtedness of the municipality and are payable only out of money actually paid and collected under this chapter (or under IC 36-9-20 before its repeal in 1993). The bonds must state this fact on the bonds' face.As added by P.L.98-1993, SEC.9. Amended by P.L.62-2001, SEC.10.
IN Code § 36-9-38-31 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-31. Fees for Use of Improvement; Changes; Hearing Upon Petition in Cases of Certain Changes

Sec. 31. (a) At or before the completion of the assessment roll, the municipal works board may do either of the following:(1) Adopt a schedule of fees for the use of an improvement.(2) Determine that the use of the improvement will be free.(b) Fees established under subsection (a) may be reduced, eliminated, increased, or added to by the works board without a hearing, but only to reflect increased or decreased costs of operation and maintenance.(c) Any other changes in the fees established shall be made only after a hearing for that purpose is petitioned for by the owners of property originally assessed for at least ten percent (10%) of the cost of the improvement.(d) If a petition is filed with the works board under subsection (c), notice of a hearing shall be given to all owners of property in the improvement district. The notice may be mailed to the owners at the owners' names and addresses appearing in the records of the official charged with the duty of collecting the assessments. The notice must:(1) state the date, time, place, and purpose of the hearing; and(2) be addressed and mailed at least ten (10) days before the date of the hearing.(e) The works board may not alter the fees at the hearing if the owners of property originally assessed for more than fifty percent (50%) of the total assessments object to the proposed change.As added by P.L.98-1993, SEC.9.
IN Code § 36-9-38-32 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-32. Fees for Use of Improvement; Excess Revenues; Payment of Bonds

Sec. 32. If the fees established under section 31 of this chapter produce net revenue in excess of reasonable costs of operation and maintenance, the excess revenue shall be used to pay part of the principal and interest on the bonds issued as the bonds mature. To the extent that principal and interest is paid from the excess revenue, the assessments shall be reduced and canceled on a pro rata basis.As added by P.L.98-1993, SEC.9.
IN Code § 36-9-38-33 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 38. Barrett Law Funding for Municipal Improvement Districts|36-9-38-33. Fees for Use of Improvement; Amount Limitation Following Retirement of Bonds

Sec. 33. After the bonds are retired, the fees established under section 31 of this chapter may not be greater than is necessary to pay for the reasonable costs of operation and maintenance of the improvement.As added by P.L.98-1993, SEC.9.
IN Code § 36-9-39-1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-1.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-1.3. "Construction" Defined

Sec. 1.3. As used in this chapter, "construction" includes repair, remodeling, renovation, or betterment, but only in instances when:(1) a municipality acquires a sewage works that is in need of repair, remodeling, renovation, or betterment; and(2) before the acquisition of the sewage works, the municipality was not responsible for the maintenance of the sewage works.As added by P.L.1-1994, SEC.184.
IN Code § 36-9-39-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-2. Transfer of Powers and Duties of Municipal Works Board to Utility Service Board; Authorization

Sec. 2. If a municipality has a utility service board that operates at least one (1) municipally owned utility, the municipal legislative body may by ordinance transfer the powers and duties of the municipal works board under this chapter to the utility service board.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-3. Adoption of Resolution; Contents

Sec. 3. (a) The municipal works board shall adopt a resolution containing the information required under subsection (b) if:(1) the municipal works board orders the construction of any sewage works in the municipality; and(2) the cost of that construction is to be assessed against property under this chapter.(b) A resolution adopted under subsection (a) must include all of the following:(1) A description of the works to be constructed.(2) Full detail drawings and specifications for the works.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-4. Notice of Resolution and Hearing; Cost Estimate

Sec. 4. (a) Notice of the resolution required under section 3 of this chapter shall be published in accordance with IC 5-3-1. The notice must state the date, time, and place of a hearing at which the municipal works board will hear all interested persons, including persons whose property is affected or will be affected by the proposed sewage works, on the question of whether the special benefits that will accrue to the property to be assessed will be equal to the estimated cost of the works.(b) On or before the date specified in the notice, the engineer shall file with the works board the engineer's estimate of the total cost of the work, including any amount determined under IC 36-9-22-5.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-5. Conduct of Hearing; Findings

Sec. 5. (a) At the hearing specified in the notice given under section 4 of this chapter, the municipal works board shall hear all interested persons on the question of special benefits and on any other matter related to the proposed sewage works.(b) If after the hearing the works board finds that the special benefits accruing to the abutting property are equal to the estimated cost of the sewage works, the finding shall be entered of record. The finding is final and conclusive on all parties.(c) If after the hearing the works board finds that the special benefits accruing to the abutting property are not equal to the estimated cost of the sewage works, the works board may not proceed with the construction of the sewage works under any resolution for one (1) year. However, the works board may proceed with the sewage works if the works board finds that the municipality is benefited in an amount sufficient to cover the deficiency.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-6. Confirmation or Modification of Resolution; Subsequent Proceedings Under Alternative Sections Depending on Nature of Sewage Works

Sec. 6. (a) After the hearing under section 5 of this chapter, the original resolution may be rescinded, confirmed, or modified.(b) If the resolution is confirmed or modified, the municipal works board shall do the following:(1) Proceed under section 7 of this chapter if the resolution is for sewage works intended only for use by owners of abutting property.(2) Proceed under section 8 of this chapter if the resolution is for sewage works intended to receive sewage from collateral drains.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-7. Sewage Works for Use by Owners of Abutting Property; Bidding Procedure

Sec. 7. If the proposed sewage works are intended only for use by owners of abutting property, the municipal works board shall in accordance with IC 5-3-1 publish a notice that does the following:(1) Informs the public and contractors of the following:(A) The general nature of the works.(B) The fact that drawings and specifications of the works are on file in the office of the works board.(2) Requests sealed proposals for the works by a specified date.(3) Specifies the date the proposals shall be opened and considered.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-8. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Map, Profiles, Drawings, and Specifications; Filing

Sec. 8. (a) The municipal works board shall prepare the information described in subsection (b) if, from the size and character of the proposed sewage works, the proposed sewage works are intended and adapted as follows:(1) For use by owners of abutting property along the line of the works.(2) For receiving sewage from collateral sewers that have been or may be constructed.(b) If the conditions of subsection (a) are satisfied, the municipal works board shall prepare the following:(1) A map showing the following:(A) The exact course of the proposed works.(B) Any appurtenances and branches of the works.(C) The boundary lines of the district to be beneficially affected by and assessed for the construction of the works.(2) All necessary profiles, drawings, and specifications for the works.(c) The map, profiles, drawings, and specifications prepared under subsection (b) shall be placed on file in the office of the works board.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-9. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Resolution; Notice

Sec. 9. (a) After the material prepared under section 8 of this chapter is filed, the municipal works board shall do the following:(1) Adopt a resolution ordering the construction of the sewage works.(2) Publish a notice of the adoption of the resolution, in accordance with IC 5-3-1.(b) The resolution and notice must describe the following:(1) The general character of the sewage works.(2) The termini and general course of the sewage works.(3) The boundary lines of the district or area to be drained by and assessed for the sewage works.(c) The notice must state the date, time, and place of a hearing at which the board will do the following:(1) Receive and hear remonstrances from persons interested in or affected by the construction of the works.(2) Hear and determine the following questions:(A) Whether the district is properly bounded for the purpose of the drainage.(B) Whether other territory not included in the boundaries should be added to the district.(C) Whether any of the territory included should be excluded from the district.(D) Whether the special benefits accruing to the land within the district and to the municipality from the proposed improvement will be equal to the estimated cost of the improvement.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-10. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Estimate of Costs; Hearing

Sec. 10. (a) On or before the day the notice is first published under section 9 of this chapter, the engineer shall file with the municipal works board the engineer's estimate of the total cost of the sewage works. A contract that exceeds this estimate may not be let under the resolution.(b) At the hearing specified in the notice, the works board shall hear and receive evidence on the questions listed in section 9(c) of this chapter from all persons owning property within the district who appear before the board.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-11. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Hearing; Findings

Sec. 11. (a) If after a hearing under section 10 of this chapter the municipal works board finds that:(1) the district to be drained is properly bounded; and(2) the special benefits to the property within the district and to the municipality will be equal to the estimated cost of the sewage works;the findings shall be entered of record and the resolution shall be confirmed or modified. The findings of the works board under this subsection are final and conclusive as to all parties.(b) If after the hearing under section 10 of this chapter the works board finds that the benefits will not equal the estimated cost, the board may not proceed with the construction of the sewage works under the resolution.As added by P.L.98-1993, SEC.10.
IN Code § 36-9-39-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 39. Barrett Law Funding for Municipal Sewers|36-9-39-12. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Enlargement of District; Resolution; Notice; Hearing

Sec. 12. (a) If after a hearing under section 10 of this chapter the municipal works board finds that the district described in the resolution and notice should be enlarged by adding to the district other lots and lands that, at the hearing, were shown to be benefited by the sewage works, the board may do the following:(1) Adopt a supplementary resolution reciting this finding.(2) Proceed under that supplementary resolution.(b) The works board shall give notice to the property owners in the added territory by publishing in accordance with IC 5-3-1 a notice that does the following:(1) Describes the proposed works.(2) Sets forth the boundaries of the original district.(3) Describes the boundaries of the territory proposed to be added.(4) Fixes a date when the owners of property in the added territory may be heard on the question of whether the new territory or any part of the new territory should be incorporated into the original district.(c) At the hearing specified in the notice, any of the owners of the lots or lands situated in the territory proposed to be added to the district may appear before and be heard by the works board on the question of whether the territory should be added. The decision of the works board is final and conclusive as to all parties in the territory.(d) If the original resolution is confirmed or modified, the works board shall do the following:(1) Proceed to advertise for proposals.(2) Open and consider the proposals in the same manner as other proposals under this chapter.As added by P.L.98-1993, SEC.10.