Indiana § 14-33-12-5 - Powers and duties

§ 14-33-12-5. Powers and duties

Sec. 5. (a) After approval by the court, the board shall let contracts or otherwise construct the works of improvement as implemented. The board shall exercise the same powers and discharge the same duties concerning the works of improvement as prescribed by statute for the board of public works, the board of finance, and other officers of a municipality concerning the following:

(1) Liens for street improvements.

(2) The payment of street improvement assessments by installments.

(3) The issuance of Barrett Law bonds and coupons to anticipate the collection of assessments.

(b) The duties of the treasurer of a county in which there is real property 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 works of 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 improvements in actions of a municipality enforcing the liens and attorney's fees in those actions;

(2) the procedure;

(3) the conduct of sales by the sheriff under decrees of foreclosure;

(4) the execution of certificates and deeds; and

(5) all matters of a similar nature regarding street improvements and collection of assessments in a municipality, including the rights of contractors, assignees, and bondholders;

apply to the enforcement of assessments made for the construction of works of improvement under this chapter or under IC 13-3-3-86 (before its repeal) as well as the collection of bonds or coupons issued 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 of assessments and coupons evidencing interest at any rate directly to 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 installments after 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.

[Pre-1995 Recodification Citation: 13-3-3-86(d).]

As added by P.L.1-1995, SEC.26.