Indiana Code
Chapter 38. Barrett Law Funding for Municipal Improvement Districts
36-9-38-31. Fees for Use of Improvement; Changes; Hearing Upon Petition in Cases of Certain Changes

Sec. 31. (a) At or before the completion of the assessment roll, the municipal works board may do either of the following:
(1) Adopt a schedule of fees for the use of an improvement.
(2) Determine that the use of the improvement will be free.
(b) Fees established under subsection (a) may be reduced, eliminated, increased, or added to by the works board without a hearing, but only to reflect increased or decreased costs of operation and maintenance.
(c) Any other changes in the fees established shall be made only after a hearing for that purpose is petitioned for by the owners of property originally assessed for at least ten percent (10%) of the cost of the improvement.
(d) If a petition is filed with the works board under subsection (c), notice of a hearing shall be given to all owners of property in the improvement district. The notice may be mailed to the owners at the owners' names and addresses appearing in the records of the official charged with the duty of collecting the assessments. The notice must:
(1) state the date, time, place, and purpose of the hearing; and
(2) be addressed and mailed at least ten (10) days before the date of the hearing.
(e) The works board may not alter the fees at the hearing if the owners of property originally assessed for more than fifty percent (50%) of the total assessments object to the proposed change.
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