Sec. 10. (a) When the municipal works board finally accepts a project under this chapter, it shall certify the completion and acceptance of the project to the court. The court shall then direct the clerk of the court to make out two (2) copies of a list showing:
(1) the owners of the property affected by the project;
(2) a description of each parcel of property affected by the project; and
(3) the benefits and damages assessed upon or in favor of each parcel.
The clerk shall certify the copies under the seal of the court, and shall deliver one (1) copy to the municipal fiscal officer and one (1) copy to the county treasurer.
(b) If the works board finds that the project is necessary for the public welfare of the municipality and that the benefits assessed will fall below the amount required to pay the damages awarded and to pay for the project, the board shall order that any balance required for this purpose shall be paid by the municipality out of the general fund or out of any other available money. If the works board finds that the benefits assessed exceed the amount of financing needed, each assessment shall be reduced on a pro rata basis.
[Pre-Local Government Recodification Citation: 19-4-20-8.]
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.190.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements
36-9-28-1. Application of Chapter
36-9-28-2. Order to Construct or Improve; Issuance; Drawings and Specifications for Project
36-9-28-3. Order to Construct or Improve; Considerations; Filing of Record of Proceedings
36-9-28-4. Notice of Hearing; Answer; Judgment
36-9-28-5. Control and Supervision of Work; Letting of Contract; Reporting; Filing
36-9-28-7. Application of Other Assessment Statutes
36-9-28-8. Acquisition of Real or Personal Property Required for Project; Condemnation; Purchase
36-9-28-9. Bonds; Issuance; Payments; Financing Agreement; Public Sale
36-9-28-10. Completion and Acceptance of Project; Certification; Benefits Assessed
36-9-28-12. Board of Directors; Qualifications; Terms; Vacancy
36-9-28-13. Board of Directors; Compensation
36-9-28-14. Board of Directors; Employment of Assistants; Compensation
36-9-28-17. Bonds; Issuance When Cost of Maintaining Project Exceeds Amount That Can Be Raised