Sec. 25. (a) The board shall, upon the completion of the award of damages or upon the determination of appeals taken, make out certificates for the proper amounts and in favor of the proper persons. Upon the presentation of the certificate to the municipal fiscal officer, the person is entitled to the amount due out of the separate and specific fund derived from the sale of bonds provided in section 27 of this chapter. The payments may not be made from other sources or funds.
(b) Certificates or vouchers shall, whenever practical, be actually tendered to the person entitled to them. If this is impractical, they shall be kept for the persons in the office of the board. The making and filing of the certificates constitute valid and effectual tender to the person entitled to them at the time or as soon as there is sufficient money to pay them. They shall be delivered to the entitled person on request.
(c) In case of dispute or doubt as to which person is entitled to the money, the board shall make out the certificate in favor of the attorney appointed by the board for the use of persons entitled to it. The attorney shall then draw the money and pay it into the court in a proceeding requiring the various claimants to interplead and have their respective rights determined.
(d) If an injunction is obtained because damages have not been paid or tendered, the board may tender the certificate for the amount with interest from the time of entry upon the property if entry has been made, plus all accrued costs. The injunction shall then be disposed of, if there is sufficient money to pay the certificate. The pendency of an appeal as provided in section 24 of this chapter does not affect the validity of a tender made under this section, but the board may enter upon and take possession of the property in question.
[Pre-Local Government Recodification Citation: 19-2-14-17.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.323.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 25. Sanitation Department in Certain Cities
36-9-25-1. Application of Chapter
36-9-25-4. Commissioners; Terms of Office; Vacancies
36-9-25-5. Commissioners; Removal From Office; Appeals
36-9-25-6. Commissioners; Meetings; Officers; Quorum; Approval of Actions; Adoption of Rules
36-9-25-7. Certain Cities; Effect of Adoption of Chapter; Enabling Ordinances
36-9-25-9. Jurisdiction of Board
36-9-25-11.1. Deposits to Secure Payment of Fees
36-9-25-11.2. Fees; Notice of Delinquency
36-9-25-11.3. Procedure for Setting Fees in Certain Districts
36-9-25-11.5. Discontinuance of Water Service; Disputed Bills; Notice; Liability of Utility
36-9-25-11.7. Overdue User Fees; Ordinance to Expense as Bad Debts
36-9-25-12. Basis of Fees; Measurement of Water and Sewage Usage
36-9-25-16. Tax Levies; Liability of Disannexed and Newly Added Territory
36-9-25-17. Payment of Preliminary Expenses
36-9-25-19. Construction of Sewage Works; Special Tax
36-9-25-20. Construction of Sewage Works; Condemnation; List of Affected Property and Owners
36-9-25-22. Construction of Sewage Works; Condemnation Awards; Mentally Incompetent Persons
36-9-25-23. Construction of Sewage Works; Condemnation Awards; Remonstrances; Hearings
36-9-25-24. Construction of Sewage Works; Condemnation Awards; Appeals
36-9-25-25. Construction of Sewage Works; Manner of Payment of Damages for Taking of Property
36-9-25-26. Construction of Sewage Works; Notice of Confirmation of Resolution; Bids; Contracts
36-9-25-27. Construction of Sewage Works; Bond Issues
36-9-25-28. Deposit and Use of Funds
36-9-25-30. Construction of Sewers, Drains, or Appurtenances; Procedure
36-9-25-31. Payment of General Expenses; Special Tax Levy for Payment of Bonds
36-9-25-32. General Expenses and Operation of Sewage Works; Tax Levy; Procedure; Loans
36-9-25-33. Disposition of Surplus Funds; Funds Belonging to Sanitary Districts
36-9-25-34. Deposit and Use of Fees; Revolving Fund for Payment of Preliminary Expenses
36-9-25-36. Property Acquisitions; Filing and Recording Requirements
36-9-25-37. Authority to Expend Money; Warrants and Vouchers
36-9-25-38. Construction of Sewers Connecting With Sewage Works
36-9-25-39. Certain Departments; Temporary Loans in Anticipation of Funds
36-9-25-40. Certain Districts; Exercise of Powers on Behalf of Second Class City Alone
36-9-25-41. Consolidated Cities; Revenue Bonds for Sewage Works