36-9-38-1. Application of Chapter
Sec. 1. This chapter applies to all municipalities. As added by P.L.98-1993, SEC.9.
36-9-38-10. Association Established Under Ic 36-9-38-8; Notice; Meeting
Sec. 10. (a) Not later than ninety (90) days after the filing and recording of the articles of association, the association shall hold a meeting of all owners of real property in the area described in the articles for the purpose of electing directors of the association. (b) At least twenty (20) days before the […]
36-9-38-11. Association Established Under Ic 36-9-38-8; Directors; Bylaws
Sec. 11. (a) The directors of the association must be: (1) members of the association; and (2) owners of real property in the affected area. (b) The directors elected under section 10 of this chapter serve until the next annual meeting and until the directors’ successors are elected and qualified. (c) The directors shall approve […]
36-9-38-12. Association Established Under Ic 36-9-38-8; Articles; Amendment; Property Owners Subsequently Becoming Members
Sec. 12. (a) The articles of association may be amended upon the recommendation of the directors and the approval of two-thirds (2/3) of all members of the association at a meeting called for that purpose. Amended articles must be signed and acknowledged by a majority of the directors. A copy of all amendments shall be […]
36-9-38-13. Notice of Hearing on Establishment of District
Sec. 13. (a) Upon the filing of a petition under section 7 of this chapter, the municipal works board shall fix a date for a hearing on the establishment of the proposed improvement district. At least twenty-one (21) days before the date fixed for the hearing, the petitioners shall have a notice mailed to all […]
36-9-38-14. Petition in Opposition to District; Termination of Proceedings
Sec. 14. (a) The owners of real property located in a proposed improvement district may remonstrate against the establishment of that district by filing a petition with the municipal works board. The county auditor shall verify the signatures on the petition. (b) If the number of valid signatures equals or exceeds fifty-one percent (51%) of […]
36-9-38-15. Conduct of Hearing; Resolution
Sec. 15. (a) At the hearing fixed under section 13 of this chapter, the municipal works board shall hear all owners of real property in the proposed improvement district who appear and request to be heard upon the following questions: (1) The sufficiency of the petition and notice. (2) Whether the proposed improvement is of […]
36-9-38-16. Hearing; Determination That Petition Includes Property Not Specially Benefited; Further Proceedings
Sec. 16. (a) If the works board determines that property not specially benefited or damaged has been included within boundaries described in the petition, the works board shall do the following: (1) Redefine the boundaries of the district and include in the works board’s resolution only the property that is specially benefited or damaged. (2) […]
36-9-38-17. Resolution Establishing Improvement District; Recitations; Notice to Property Owners; Finality; Recording; Appeal
Sec. 17. (a) A resolution establishing an improvement district must also recite the following: (1) That all real property within the district is subject to assessment of special benefits and damages by appraisers to be appointed by the municipal works board. (2) That the assessments are subject to review in a hearing before the works […]
36-9-38-18. Plans, Specifications, and Cost Estimates
Sec. 18. (a) Upon adoption of a resolution establishing an improvement district, the petitioners for the district shall submit any plans, specifications, and estimates of the cost of the proposed improvement that the petitioners have prepared to the municipal works board for review and approval. (b) If the petitioners have not prepared plans and specifications, […]
36-9-38-19. Eminent Domain; Vacation of Streets and Alleys; Property Owned by Government Entities
Sec. 19. (a) If: (1) an improvement under this chapter requires the acquisition of property or property rights; and (2) the acquisition cannot be made through the assessment proceedings established by this chapter; the municipality may proceed by eminent domain. (b) The eminent domain proceeding shall be conducted in the manner provided by the statutes […]
36-9-38-2. Permissible Improvements
Sec. 2. The following improvements may be made under this chapter: (1) Sidewalks. (2) Streets. (3) Pedestrian ways or malls that are set aside entirely or partly, or during restricted hours, for pedestrian rather than vehicular traffic. (4) Parking facilities. (5) Lighting. (6) Electric signals. (7) Landscaping, including trees, shrubbery, flowers, grass, fountains, benches, statues, […]
36-9-38-20. Letting of Construction Contracts; Actions to Enjoin Performance; Limitations
Sec. 20. (a) All contracts for construction of an improvement under this chapter shall be let by the municipal works board after advertisement as required for other contracts. (b) All statutes applicable to the letting and performance of other contracts apply to contracts under this chapter. (c) The validity of a contract entered into under […]
36-9-38-21. Appointment of Appraisers to Assess Benefits and Costs
Sec. 21. (a) After the municipal works board approves plans and specifications for an improvement under this chapter, the works board shall appoint three (3) disinterested persons as appraisers to examine the following: (1) The plans, specifications, and estimates of the cost of the proposed improvement. (2) The real property within the improvement district. (b) […]
36-9-38-22. Appointment of Appraisers; Assessment of Benefits and Costs; Filing of Roll
Sec. 22. (a) The appraisers shall make an assessment of the following: (1) The special benefits and damages, if any, that will accrue to each parcel of real property from the construction of the proposed improvement. (2) The benefits, if any, that will accrue to the municipality generally from the construction of the proposed improvement. […]
36-9-38-23. Costs Exceeding Benefits; Postponement of Improvement; Reappraisement; Deficiency Supplied; Bond
Sec. 23. (a) If the total of the assessed benefits, after deducting assessed damages, does not equal or exceed the total estimated cost of the improvement, further action may not be taken on the proposed improvement until: (1) a second assessment of benefits and damages has been completed; or (2) the petitioners, the municipality, or […]
36-9-38-23.5. Assessments; Installment Payments
Sec. 23.5. (a) With respect to assessments imposed after June 30, 2001, the works board shall establish a procedure to permit owners of real property in the improvement district to elect whether to pay assessments in: (1) one (1), five (5), ten (10), fifteen (15), or twenty (20) annual installments; or (2) a number of […]
36-9-38-24. Final Determination of Costs; Revised Assessment
Sec. 24. (a) The municipal works board may, with the approval of the municipal legislative body, determine all of the following: (1) Whether the benefits assessed against the municipality are proper and should be paid. (2) Whether the municipality should pay a part of the cost of the improvement regardless of benefits assessed. (b) An […]
36-9-38-25. Appraisers; Qualification for Appointment
Sec. 25. A person appointed as an appraiser under this chapter must be: (1) a disinterested licensed real estate broker; or (2) a disinterested licensed appraiser under IC 25-34.1. As added by P.L.98-1993, SEC.9. Amended by P.L.113-2006, SEC.22.
36-9-38-26. Notice of Proposed Assessments to Property Owners; Contents
Sec. 26. (a) Promptly after completion of all of the following, the municipal works board shall mail a notice, first class postage prepaid, to each owner of real property to be assessed: (1) The filing of an adequate assessment. (2) The determination of the cost of the improvement. (3) The determination that adequate money will […]