Sec. 27. (a) At the hearing fixed under section 26 of this chapter, the municipal works board shall hear all owners of assessed real property who have filed written remonstrances before the date of the hearing. The hearing may be continued from time to time without further notice, as necessary to hear the owners.
(b) The works board shall make a determination increasing, decreasing, or confirming each assessment by setting opposite each name, parcel, and appraisers' assessment on the assessment roll the amount of the assessment as determined by the works board. If the total of the assessments exceeds the amount needed, the works board shall make a pro rata reduction in each assessment.
(c) The signing of the assessment roll by a majority of the members of the works board and the delivery of the roll to the municipal fiscal officer constitute a final and conclusive determination of the benefits or damages assessed. However, a person may appeal the determination if:
(1) the person had previously filed a written remonstrance under this section; or
(2) the person's assessment was increased above the amount fixed by the appraisers.
(d) An appeal must be made in the manner prescribed by IC 34-13-6.
(e) If the final determination of the works board causes the total of the money available to be inadequate to cover the cost of the improvement, the deficiency may be supplied in the manner provided by section 24 of this chapter.
As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.218.
Structure Indiana Code
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
36-9-38-5. 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
36-9-38-10. Association Established Under Ic 36-9-38-8; Notice; Meeting
36-9-38-11. Association Established Under Ic 36-9-38-8; Directors; Bylaws
36-9-38-13. 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
36-9-38-18. 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
36-9-38-23.5. 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
36-9-38-28. Lien of Assessment
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