Sec. 9. (a) The persons establishing an association under section 8 of this chapter must sign and acknowledge written articles of association specifying the following:
(1) The name of the association.
(2) The purposes of the association, which must be limited to the purposes of this chapter.
(3) The names and addresses of the initial members.
(4) The principal office of the association.
(5) The name of the agent for purposes of communications and service of process.
(6) The term of existence of the association, which may be perpetual.
(7) The number of directors, which may not be less than three (3) or more than eleven (11).
(8) The amount of any membership fee and any annual dues.
(9) The area affected by any proposed improvements included within the purposes of the association.
(10) The square footage of the area affected by the proposed improvement.
(11) The square footage of the area affected by the proposed improvement included within the association.
(12) Any other provisions that the initial members consider desirable and that are not inconsistent with this chapter.
(b) The association shall file a copy of the articles of association, signed and acknowledged by all of the initial members, with the works board of the municipality in which the affected area is located. A copy of the articles of association shall be recorded in the office of the recorder of the county within which the area is located.
(c) An association formed under this chapter (or under IC 36-9-20 before its repeal in 1993) is a nonprofit corporate body and may do the following:
(1) Enter into contracts.
(2) Hold, convey, and transfer property.
(3) Sue and be sued.
As added by P.L.98-1993, SEC.9.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 38. Barrett Law Funding for Municipal Improvement Districts
36-9-38-1. Application of Chapter
36-9-38-2. Permissible Improvements
36-9-38-3. Improvement to Be Owned, Maintained, and Operated by Municipality
36-9-38-5. Application of Ic 36-9-36 and Ic 36-9-37
36-9-38-6. Persons Having the Same Rights and Powers as the Owner of Fee Simple Title
36-9-38-7. Petition to Establish District
36-9-38-10. Association Established Under Ic 36-9-38-8; Notice; Meeting
36-9-38-11. Association Established Under Ic 36-9-38-8; Directors; Bylaws
36-9-38-13. Notice of Hearing on Establishment of District
36-9-38-14. Petition in Opposition to District; Termination of Proceedings
36-9-38-15. Conduct of Hearing; Resolution
36-9-38-18. Plans, Specifications, and Cost Estimates
36-9-38-19. Eminent Domain; Vacation of Streets and Alleys; Property Owned by Government Entities
36-9-38-20. Letting of Construction Contracts; Actions to Enjoin Performance; Limitations
36-9-38-21. Appointment of Appraisers to Assess Benefits and Costs
36-9-38-22. Appointment of Appraisers; Assessment of Benefits and Costs; Filing of Roll
36-9-38-23.5. Assessments; Installment Payments
36-9-38-24. Final Determination of Costs; Revised Assessment
36-9-38-25. Appraisers; Qualification for Appointment
36-9-38-26. Notice of Proposed Assessments to Property Owners; Contents
36-9-38-28. Lien of Assessment
36-9-38-31. Fees for Use of Improvement; Changes; Hearing Upon Petition in Cases of Certain Changes
36-9-38-32. Fees for Use of Improvement; Excess Revenues; Payment of Bonds
36-9-38-33. Fees for Use of Improvement; Amount Limitation Following Retirement of Bonds