Indiana Code
Chapter 38. Barrett Law Funding for Municipal Improvement Districts
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 amount of benefits or costs to be paid by the municipality may be paid:
(1) out of the money of the municipality appropriated to the use of the works board for such an improvement; or
(2) through the issuance of bonds of the municipality.
(c) The notice of hearing required by section 26 of this chapter shall be given after the cost of the improvement has been finally determined by the works board through firm bids or contracts and firm estimates for other costs.
(d) If the finally determined cost of the improvement exceeds the total of:
(1) the benefits assessed, less damages assessed; and
(2) the contributions of the petitioners, the municipality, and other sources;
the works board shall direct the appraisers to review the assessments and submit a revised assessment list.
(e) The notice of hearing shall be given only after the works board determines that the money available from all sources is adequate to cover the total cost of the improvement, including all costs that are to be reimbursed under section 18(c) of this chapter.
As added by P.L.98-1993, SEC.9.

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