36-9-40-10. Special Assessment Levy; Limitation on Amount
Sec. 10. (a) The works board shall levy special assessments for the amount determined under section 9 of this chapter if: (1) the contract for construction of the system is executed; and (2) the system is constructed. (b) The special assessments levied under this section may not exceed the cost of construction of the system. […]
36-9-40-11. Works Board Action on Preliminary Resolution; Effect of Modified or Confirmed Resolution
Sec. 11. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for construction of the system, the works board may do any of the following: (1) Confirm the preliminary resolution. (2) Modify the preliminary resolution. (3) Rescind the preliminary resolution. (b) The preliminary […]
36-9-40-12. Works Board Advertisement for Bids and Performance of Work
Sec. 12. If the works board finally orders construction of a system, the works board shall advertise for bids and perform the work under IC 36-1-12. As added by P.L.7-2002, SEC.1.
36-9-40-13. Construction Contract for Entire System; Challenge to Contract
Sec. 13. (a) The contract for construction of a system must be for construction of the entire system. (b) After the execution of a contract for construction of a system, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. This action must be brought before […]
36-9-40-14. Contractor Guarantee of Workmanship and Materials
Sec. 14. (a) A contractor for construction of a system must guarantee the contractor’s workmanship and all materials used in the work. (b) The guarantee required under subsection (a) must be in the following form: “The contractor warrants the contractor’s workmanship and all materials used in the work and agrees that during the guarantee period […]
36-9-40-15. County and Contractor Responsibilities for System Repairs
Sec. 15. (a) If repairs to a system become necessary, the county must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the county may do the following: (1) Make the repairs using the county’s […]
36-9-40-16. Acceptance of System by Works Board
Sec. 16. A system that is completed according to contract must be accepted by the works board. As added by P.L.7-2002, SEC.1.
36-9-40-17. Assessment of Property on Which System Is Constructed; Effect of Mistake in Name of Owner
Sec. 17. (a) As soon as a contract for construction of a system has been completed, the works board shall have an assessment prepared for the property on which the system is constructed. The property on which the system is constructed is liable for assessment under this chapter. (b) The assessment must include the following: […]
36-9-40-18. Presumptions With Respect to Assessment; Assessment Notice to Property Owner
Sec. 18. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land: (1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land. (2) The assessment is the final and conclusive assessment unless the assessment: (A) exceeds the engineer’s estimate under section […]
36-9-40-3. Installation
Sec. 3. A county may install private sewage disposal systems under this chapter. As added by P.L.7-2002, SEC.1.