36-9-39-1. Application of Chapter
Sec. 1. This chapter applies to all municipalities. As added by P.L.98-1993, SEC.10.
36-9-39-1.3. “Construction” Defined
Sec. 1.3. As used in this chapter, “construction” includes repair, remodeling, renovation, or betterment, but only in instances when: (1) a municipality acquires a sewage works that is in need of repair, remodeling, renovation, or betterment; and (2) before the acquisition of the sewage works, the municipality was not responsible for the maintenance of the […]
36-9-39-10. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Estimate of Costs; Hearing
Sec. 10. (a) On or before the day the notice is first published under section 9 of this chapter, the engineer shall file with the municipal works board the engineer’s estimate of the total cost of the sewage works. A contract that exceeds this estimate may not be let under the resolution. (b) At the […]
36-9-39-11. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Hearing; Findings
Sec. 11. (a) If after a hearing under section 10 of this chapter the municipal works board finds that: (1) the district to be drained is properly bounded; and (2) the special benefits to the property within the district and to the municipality will be equal to the estimated cost of the sewage works; the […]
36-9-39-12. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Enlargement of District; Resolution; Notice; Hearing
Sec. 12. (a) If after a hearing under section 10 of this chapter the municipal works board finds that the district described in the resolution and notice should be enlarged by adding to the district other lots and lands that, at the hearing, were shown to be benefited by the sewage works, the board may […]
36-9-39-13. Payment of Costs; Appropriations; Assessments; Contracts
Sec. 13. (a) The municipal legislative body may by ordinance appropriate money from the general fund or from the sanitary district funds of the municipality to pay all or part of the cost of constructing sewage works under this chapter. (b) Any costs not paid by appropriation shall be paid by at least one (1) […]
36-9-39-14. Payment of Costs; Application of Statutes Concerning Public Bond Issues, Construction, Appropriations, and Tax Levies
Sec. 14. Construction of sewage works from a municipal general fund must comply with the statutes concerning public bond issues, construction, appropriations, and tax levies. As added by P.L.98-1993, SEC.10.
36-9-39-15. Sewage Works for Use by Property Owners Along Street, Alley, or Other Public Place; Requirements
Sec. 15. (a) The requirements listed in subsection (b) apply only if the municipal works board finds that the sewage works to be constructed: (1) are intended and adapted only for local use by property owners along the line of the street, alley, or other public place on which the sewage works are constructed; and […]
36-9-39-16. Sewage Works for Use by Property Owners Along Street, Alley, or Other Public Place; Assessments; Computation
Sec. 16. (a) The primary assessment for each lot abutting on and served by the sewage works shall be determined by dividing the estimated total cost of the sewage works by the total number of lots. (b) The total number of lots shall be computed as follows: (1) If all or any part of the […]
36-9-39-17. Sewage Works for Use by Property Owners Along Street, Alley, or Other Public Place; Property Abutting on Two Streets or One Street and One Alley; Assessments; Computation
Sec. 17. (a) If a platted lot or parcel of land: (1) abuts on: (A) at least two (2) streets or alleys; or (B) one (1) street and one (1) alley; and (2) has already been assessed for sewage works constructed for local use in any street or alley; the works board shall take the […]
36-9-39-18. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Assessments
Sec. 18. (a) The municipal works board shall make a division of the costs of the sewage works under subsection (b) if the municipal works board finds that a sewage works to be constructed or an enlargement of sewage works already constructed, is intended and adapted for the following: (1) Use by abutting property owners […]
36-9-39-19. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Assessments; Hearing; Review
Sec. 19. All primary or preliminary assessments made under section 18 of this chapter are subject to review and revision by the works board after a hearing under section 23 of this chapter. As added by P.L.98-1993, SEC.10.
36-9-39-2. Transfer of Powers and Duties of Municipal Works Board to Utility Service Board; Authorization
Sec. 2. If a municipality has a utility service board that operates at least one (1) municipally owned utility, the municipal legislative body may by ordinance transfer the powers and duties of the municipal works board under this chapter to the utility service board. As added by P.L.98-1993, SEC.10.
36-9-39-20. Assessments; Inclusion of Amount Determined Under Ic 36-9-22-5
Sec. 20. An assessment made under sections 15 through 19 of this chapter must include any amount determined under IC 36-9-22-5. As added by P.L.98-1993, SEC.10.
36-9-39-21. Assessment Roll; Formulation; Contents
Sec. 21. (a) After the contract for the construction of sewage works has been completed, the municipal works board shall make out an assessment roll for the property that is primarily assessed for the sewage works. (b) The assessment roll prepared under subsection (a) must include the following: (1) The name of the owner of […]
36-9-39-22. Assessment Roll; Finality of Primary or Preliminary Assessments; Notice of Works, Assessment Roll, and Hearing on Assessments
Sec. 22. (a) The primary or preliminary assessments indicated on the assessment roll are considered the special benefits accruing to the land assessed and are final and absolute unless changed under sections 23 and 24 of this chapter. (b) Immediately after the assessment roll is completed and filed, the municipal works board shall publish a […]
36-9-39-23. Hearing on Assessments; Findings; Modification of Preliminary or Primary Assessments
Sec. 23. (a) At the hearing fixed under section 22 of this chapter, owners of assessed property may appear before the municipal works board and file remonstrances against the assessments. The works board may continue proceedings from day to day, as necessary to hear the evidence concerning the assessments. (b) The works board shall determine […]
36-9-39-24. Hearing on Assessments; Modification of Assessment Roll; Delivery to Fiscal Officer
Sec. 24. The works board shall do the following: (1) Complete the assessment roll and make a decision by modifying or confirming the assessment roll. (2) Show the amount of special benefits opposite each name and description. The works board shall show the amount of special benefit against the municipality if the works board finds […]
36-9-39-25. Hearing on Assessments; Finality of Decision; Appeals; Effect of Defective Procedures
Sec. 25. (a) Except as provided in subsection (b), the decision of the works board concerning all benefits is final and conclusive on all parties. (b) An owner of an assessed lot or parcel of land who has filed a written remonstrance with the board may appeal in the manner prescribed by IC 34-13-6. The […]
36-9-39-26. Duties of Fiscal Officer
Sec. 26. When the assessment roll has been delivered to the municipal fiscal officer, the municipal fiscal officer shall discharge the same duties in respect to the assessments as are prescribed by the statutes concerning street, alley, and other improvement assessments in the municipality. As added by P.L.98-1993, SEC.10.