Sec. 65. (a) This section applies only to municipalities.
(b) In addition to issuing bonds and certificates of indebtedness under section 62 of this chapter, a unit may pay the unit's part of the cost of an improvement from a fund raised by special assessments against all of the lands and lots in the unit. The unit comprises a special assessment district for that purpose.
(c) The following apply to special assessments under this section:
(1) The special assessments shall be levied in proportion to the value of the land or lots, excluding the value of improvements on the land or lots, as the land or lots are assessed for general taxation.
(2) The special assessments shall be levied annually at the time of the levy of general taxes. The levy must be for the amount necessary to pay the cost, with interest, of all work done during the year for which the special assessments are levied.
(3) The special assessments are payable at the time of payment of general taxes.
(d) The fund raised under this section is a specific fund to be held and used only for the purpose prescribed by this section.
(e) In anticipation of the collection of the special assessments, certificates in denominations not exceeding five hundred dollars ($500) shall be issued under a resolution adopted by the works board in the name of the unit. The fiscal officer shall sell the certificates or deliver the certificates to the contractor, as directed by the works board.
(f) The certificates entitle the holder to the amounts named in the certificates when a fund for redemption of the certificates has been collected. The certificates are negotiable instruments. One-half (1/2) of the certificates are payable on June 30 of the year after the special assessments for payment of the certificates have been made, and the remaining one-half (1/2) are payable on December 31 of that year. The certificates must be dated as of the date of the final acceptance of the improvement and may bear interest at any rate.
As added by P.L.98-1993, SEC.7.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 36. Barrett Law Funding for Counties and Municipalities
36-9-36-1. Application of Chapter
36-9-36-2. Authorized Improvements
36-9-36-3. Limitations on Authorized Improvements; Location of Improvement; Water Main Extensions
36-9-36-4. Preliminary Resolutions; Cross-Sections, Plans, and Specifications
36-9-36-5. Estimate of Costs; Incidental, Inspection, and Engineering Costs
36-9-36-6. Incidental, Inspection, and Engineering Costs; Inclusion on Assessment Roll
36-9-36-8. Notice of Hearing on Preliminary Resolution; Publication; Mailing to Property Owners
36-9-36-9. Estimate of Maximum Cost
36-9-36-9.5. Assessments; Installment Payments
36-9-36-12. Allowances Against Assessment and Contract Price
36-9-36-13. Confirmation, Modification, or Rescission of Preliminary Resolution
36-9-36-14. Remonstrances and Appeals
36-9-36-15. Objections to Final Resolution; Filing; Bond; Prior Assessments
36-9-36-16. Court Hearing on Objections to Final Resolution
36-9-36-18. Contracting by Works Board for Construction or Repair of Sidewalk or Curb
36-9-36-19. Levy and Collection of Assessments for Construction or Repair of Sidewalk or Curb
36-9-36-20. Improvements on Streets Occupied by Railroad Tracks; Procedure
36-9-36-21. Roadway Grading; Assessment
36-9-36-22. Advertisement for Bids; Opening and Consideration of Bids
36-9-36-23. Bid Bond or Deposit
36-9-36-24. Contracts; Scope; Actions to Enjoin Performance
36-9-36-25. Contractor's Guarantee
36-9-36-26. Repairs by Contractor
36-9-36-27. Monthly Payments to Contractor
36-9-36-28. Completed Improvements; Acceptance; Cost Estimates
36-9-36-29. Assessments; Abutting Lands or Lots; Street and Alley Intersections
36-9-36-30. Assessments; Basis; Back Lots; Platted Subdivisions
36-9-36-31. Preparation of Assessment Roll
36-9-36-32. Presumptive Finality of Assessments; Publication of Notice
36-9-36-33. Remonstrance Hearings; Final Determination of Assessments
36-9-36-34. Completion and Delivery of Assessment Roll; Appeals
36-9-36-35. Delivery of Primary Assessment Roll; Payment of Assessments to Disbursing Officer
36-9-36-36. Assessment Installments; Notice When Due
36-9-36-37. Cash Payment of Assessments; Interest on Delinquencies
36-9-36-38. Appeal of Assessment; Payment by Property Owner Following Court Certification
36-9-36-39. Appeal of Assessment; Payment of Part Ordered to Be Assessed Against Unit
36-9-36-42. Notice; Payments to Bond Owner; Process Collectable by Fiscal Officer
36-9-36-43. Delinquent Installments; Acceleration; Foreclosure of Lien; Notice of Delinquency
36-9-36-44. Bonds in Anticipation of Assessment Proceeds; Authorization
36-9-36-45. Bonds; Date; Tax Exemption
36-9-36-46. Bonds; Maturation; Interest Rate
36-9-36-47. Transfer of Assessment Liens to Bond Owners
36-9-36-48. Bond Owners; Foreclosure Actions; Procedure
36-9-36-49. Sale of Property Following Foreclosure Action; Amount
36-9-36-50. Negotiability of Bonds
36-9-36-51. Foreclosure Actions by Contractors
36-9-36-52. Foreclosure Actions; Complaint; Proof
36-9-36-53. Foreclosure Actions; Defenses
36-9-36-54. Foreclosure Actions; Amount of Recovery; Sale Procedure
36-9-36-55. Foreclosure Sales; Irregularities; Redemption
36-9-36-56. Foreclosure Actions; Parties; Appearances; Disposition of Proceeds
36-9-36-57. Foreclosure Actions; Payment of Judgment; Costs and Attorney's Fees; Decree
36-9-36-59. Foreclosure Actions; Suspension of Collection of Assessments
36-9-36-60. Reduction of Installments
36-9-36-61. Disposition of Foreclosure Proceeds Contrary to Chapter
36-9-36-62. Improvement Costs to Be Paid by Unit; Bonds and Certificates of Indebtedness
36-9-36-64. Funding for Payment of Certificates of Indebtedness; Special Tax Levy
36-9-36-65. Special Assessments to Pay Improvement Costs; Issuance of Anticipatory Certificates
36-9-36-66. Correction of Defects and Irregularities
36-9-36-67. Surface Improvements on Public Ways; Performance by Municipality; Procedure