Sec. 41. (a) A person who is legally entitled to any money paid into the municipal general fund under sections 39 and 40 of this chapter may file a claim for the money with the municipal fiscal officer.
(b) A claim under subsection (a) must be filed as follows:
(1) In the same manner as other claims are filed against the municipality.
(2) Not later than five (5) years after the money is paid into the general fund.
(c) The fiscal officer shall pay the claim out of the general fund of the municipality if, upon investigation and proper proof of the claim, the municipal officials charged with the duty of making payments from Barrett Law funds do the following:
(1) Determine that the claimant is legally entitled to the money.
(2) Approve the refund of the money.
(d) The payment of the claim by the fiscal officer under subsection (c) shall be made without an appropriation.
As added by P.L.98-1993, SEC.8.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 37. Barrett Law Funding for Municipalities
36-9-37-1. Application of Chapter
36-9-37-3. Municipalities Owning and Operating Water Utilities; Water Main Extensions
36-9-37-4. Prerequisites for Enforcement and Collection of Special Assessments
36-9-37-5. Assumption by Municipality of Responsibility for Payment of Bonds
36-9-37-7. Municipal Fiscal Officers; Surety Bonds; Personal Liability
36-9-37-8. Payment of Expenses
36-9-37-8.5. Assessments; Installment Payments
36-9-37-9. Certification of Assessment Roll; Liens
36-9-37-10. Liability of Municipalities for Assessments for Public Improvements
36-9-37-11. Assessment Installments; Interest
36-9-37-12. Payment of Assessment in Deferred Installments; Time for Making Payments
36-9-37-13. Payment of Assessment in Installments; Proceeds; Special Fund
36-9-37-14. Prepayment of Assessment Installments
36-9-37-15. Prepaid Assessments; Proceeds; Special Fund; Investment; Redemption of Outstanding Bonds
36-9-37-16. Negligent Investment of Special Fund Money; Liability of Municipality
36-9-37-17. Special Fund Created Under Ic 36-9-37-15; Warrants for Disbursements
36-9-37-18. Notice; Payments to Bond Owner; Proceeds Collectable by Fiscal Officer
36-9-37-19. Notice of Default on Installment Payments
36-9-37-20. Collection of Delinquent Assessments; Interest Penalties
36-9-37-21. Interest Penalty Collections; Surplus Barrett Law Account; Use of Funds
36-9-37-22. Default on Single Installment
36-9-37-22.5. Preservation of Assessment in Default as a Lien
36-9-37-23. Certification of Delinquent Assessments
36-9-37-24. Delinquent Assessments; Sale of Property
36-9-37-25. Procedures to Avoid a Foreclosure Action
36-9-37-26. Disposition of Property Acquired by Foreclosure or Conveyance; Procedure
36-9-37-27. Disposition of Property Held by Bank or Trust Company
36-9-37-28. Bonds; Contents; Issuance; Denominations
36-9-37-30. Payment of Bonds at Maturity
36-9-37-31. Bonds; Presentation for Payment; Receipts
36-9-37-32. Schedule of Amounts Paid on Bonds
36-9-37-33. Matured Bonds; Notice to Holder of Money Available for Payment
36-9-37-34. Bonds; Tax Exemption
36-9-37-35. Bonds; Insufficient Funds for Payment; Issuance of Certificates of Indebtedness
36-9-37-36. Bonds; Certificates of Indebtedness; Payment
36-9-37-38. Overpayment of Special Assessments; Refunds
36-9-37-39. Overpayments; Annual Statement; Notice; Disposition
36-9-37-40. Money Collected as Special Assessments; Disposition After Five Years
36-9-37-41. Money Deposited in General Fund; Claims
36-9-37-42. Transfer of Unclaimed Money to Surplus Barrett Law Account
36-9-37-43. Unpaid Warrants or Checks; Cancellation
36-9-37-44. Prepaid Interest; Reimbursement
36-9-37-45. Municipalities No Longer Using Barrett Law; Transfer of Surplus Money