IC 14-33-12
    Chapter 12. Improvements Benefiting Only Certain Property

IC 14-33-12-1
Application of chapter
    Sec. 1. This chapter applies if the board determines at the time ofthe adoption of the district plan that the characteristics of the districtare such that the district plan can best be implemented in certainparts by the development of works of improvement that are:
        (1) of benefit solely to abutting or proximate properties in thedistrict; and
        (2) not of benefit to all the property in the district.
As added by P.L.1-1995, SEC.26.

IC 14-33-12-2
Districts subject to chapter
    Sec. 2. (a) In a district subject to this chapter:
        (1) the district plan must so state; and
        (2) notice to this effect shall be made a part of all noticesregarding the approval and implementation of the district plan.
    (b) At the hearing on the district plan, the court shall make afinding on this question.
As added by P.L.1-1995, SEC.26.

IC 14-33-12-3
Appraisers
    Sec. 3. (a) Concurrent with the preparation of detailedconstruction drawings, specifications, and refined cost estimatesnecessary to implement the district plan, the board shall employcompetent appraisers to do the following:
        (1) Appraise the real property that will be benefited by theimplementation of the district plan.
        (2) Assign to each property the property's proportional share ofthe estimated cost of the improvement, including necessaryengineering and legal fees.
    (b) The appraisers shall report the information determined undersubsection (a) in written tabular form to the board.
    (c) The board shall tentatively adopt the findings of the appraisersin the same resolution by which the detailed construction drawings,specifications, and refined cost estimates are adopted. Notice of thehearing shall be mailed to the owner of each tract of real propertyfound to be benefited.
As added by P.L.1-1995, SEC.26.

IC 14-33-12-4
Filing resolution; notice
    Sec. 4. (a) Upon confirmation of the resolution, the board shallfile the resolution together with the detailed construction drawings,specifications, refined cost estimates, and appraisers' findings incourt.    (b) The court shall set a date for a hearing and order notice thatthe court considers necessary, but publication must at least be madein each county having land in the district in accordance with IC 5-3-1as if the notice affected county business.
    (c) At the hearing the court shall order the resolution approved,rescinded, or modified.
As added by P.L.1-1995, SEC.26.

IC 14-33-12-5
Powers and duties
    Sec. 5. (a) After approval by the court, the board shall letcontracts or otherwise construct the works of improvement asimplemented. The board shall exercise the same powers anddischarge the same duties concerning the works of improvement asprescribed by statute for the board of public works, the board offinance, and other officers of a municipality concerning thefollowing:
        (1) Liens for street improvements.
        (2) The payment of street improvement assessments byinstallments.
        (3) The issuance of Barrett Law bonds and coupons toanticipate the collection of assessments.
    (b) The duties of the treasurer of a county in which there is realproperty affected also apply to the following:
        (1) The lien.
        (2) The collection and enforcement of the lien.
        (3) The payment of assessments for the construction of worksof improvement under:
            (A) this chapter; and
            (B) IC 13-3-3-86 (before its repeal).
    (c) Statutes concerning:
        (1) the enforcement of assessment liens for street improvementsin actions of a municipality enforcing the liens and attorney'sfees in those actions;
        (2) the procedure;
        (3) the conduct of sales by the sheriff under decrees offoreclosure;
        (4) the execution of certificates and deeds; and
        (5) all matters of a similar nature regarding street improvementsand collection of assessments in a municipality, including therights of contractors, assignees, and bondholders;
apply to the enforcement of assessments made for the constructionof works of improvement under this chapter or under IC 13-3-3-86(before its repeal) as well as the collection of bonds or couponsissued under this chapter or under IC 13-3-3-86 (before its repeal).
    (d) The board may do the following:
        (1) Issue the bonds in anticipation of the collection ofassessments and coupons evidencing interest at any rate directlyto the contractor at the completion of the work.
        (2) Issue directly to engineers and attorneys bonds and coupons

in payment of fees incident to the work of improvement.
    (e) Notwithstanding other statutes incorporated into this chapter,a person who agrees to pay the person's assessment in installmentsafter the bonds are issued:
        (1) must pay interest for the full term of ten (10) years; and
        (2) may prepay the principal and remaining interest due.
As added by P.L.1-1995, SEC.26.

IC 14-33-12-6
Mutually exclusive provisions
    Sec. 6. (a) The provisions of this chapter concerning:
        (1) assessments;
        (2) the nature of the resulting lien;
        (3) collection; and
        (4) issuing bonds and coupons in anticipation of the collectionof the assessment;
are mutually exclusive from other sections of this article that relateto the same subject matter.
    (b) The construction and incidental engineering and legal fees ofthat part of works of improvement contained in the district plan shallbe paid for and financed according to this chapter and other statutesincorporated into this chapter and not according to other provisionsof this article only if all the following conditions are met:
        (1) The board determines and states as a part of the district planthat certain parts of the works of improvement will be of benefitsolely to abutting or proximate properties and not of benefit toall the property in the district.
        (2) Notice of the determination is given as is provided in thischapter.
        (3) The court makes an affirmative finding to this effect at thehearing on the district plan.
    (c) If the conditions described in subsection (b) are not met, thecosts and financing of the construction of the works of improvementshall be done according to other provisions of this article.
As added by P.L.1-1995, SEC.26.

IC 14-33-12-7
Inapplicable provisions
    Sec. 7. Other provisions of this article concerning assessments andbond issues do not apply to this chapter. In addition, provisions ofthis chapter concerning assessments and bond issues do not apply toother chapters of this article.
As added by P.L.1-1995, SEC.26.