Indiana Code
Chapter 38. Barrett Law Funding for Municipal Improvement Districts
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 board.
(b) The works board's resolution is considered notice to all property owners who have appeared or who have been notified of the proceedings that the owners' property is subject to an assessment of special benefits and damages under this chapter. Further notice or hearing is not required, except as provided by section 26 of this chapter.
(c) The resolution of the works board:
(1) is final and conclusive; and
(2) may not be challenged unless an appeal is made under subsection (e).
(d) A copy of the resolution establishing an improvement district, certified by the municipal clerk, shall be recorded in the miscellaneous records in the office of the recorder of the county in which the municipality is located.
(e) A person aggrieved by the adoption of a resolution establishing an improvement district may appeal in the manner prescribed by IC 34-13-6.
As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.217.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 9. Transportation and Public Works

Chapter 38. Barrett Law Funding for Municipal Improvement Districts

36-9-38-1. Application of Chapter

36-9-38-2. Permissible Improvements

36-9-38-3. Improvement to Be Owned, Maintained, and Operated by Municipality

36-9-38-4. Application of Statutes Relating to Planning and Zoning, Building Codes, and Restrictions on Use of Property

36-9-38-5. Application of Ic 36-9-36 and Ic 36-9-37

36-9-38-6. Persons Having the Same Rights and Powers as the Owner of Fee Simple Title

36-9-38-7. Petition to Establish District

36-9-38-8. Association of Owners of Property Affected by Proposed Improvement; Requirements for Establishment

36-9-38-9. Association Established Under Ic 36-9-38-8; Articles of Association; Filing and Recording; Powers

36-9-38-10. Association Established Under Ic 36-9-38-8; Notice; Meeting

36-9-38-11. Association Established Under Ic 36-9-38-8; Directors; Bylaws

36-9-38-12. Association Established Under Ic 36-9-38-8; Articles; Amendment; Property Owners Subsequently Becoming Members

36-9-38-13. Notice of Hearing on Establishment of District

36-9-38-14. Petition in Opposition to District; Termination of Proceedings

36-9-38-15. Conduct of Hearing; Resolution

36-9-38-16. Hearing; Determination That Petition Includes Property Not Specially Benefited; Further Proceedings

36-9-38-17. Resolution Establishing Improvement District; Recitations; Notice to Property Owners; Finality; Recording; Appeal

36-9-38-18. Plans, Specifications, and Cost Estimates

36-9-38-19. Eminent Domain; Vacation of Streets and Alleys; Property Owned by Government Entities

36-9-38-20. Letting of Construction Contracts; Actions to Enjoin Performance; Limitations

36-9-38-21. Appointment of Appraisers to Assess Benefits and Costs

36-9-38-22. Appointment of Appraisers; Assessment of Benefits and Costs; Filing of Roll

36-9-38-23. Costs Exceeding Benefits; Postponement of Improvement; Reappraisement; Deficiency Supplied; Bond

36-9-38-23.5. Assessments; Installment Payments

36-9-38-24. Final Determination of Costs; Revised Assessment

36-9-38-25. Appraisers; Qualification for Appointment

36-9-38-26. Notice of Proposed Assessments to Property Owners; Contents

36-9-38-27. Proposed Assessments; Written Remonstrances; Hearings; Assessment Roll; Deficiency of Funds

36-9-38-28. Lien of Assessment

36-9-38-29. Municipal Assessment; Manner of Payment; Other Assessments; Payment in Installments; Interest

36-9-38-30. Bonds

36-9-38-31. Fees for Use of Improvement; Changes; Hearing Upon Petition in Cases of Certain Changes

36-9-38-32. Fees for Use of Improvement; Excess Revenues; Payment of Bonds

36-9-38-33. Fees for Use of Improvement; Amount Limitation Following Retirement of Bonds