Sec. 11. (a) If after a hearing under section 10 of this chapter the municipal works board finds that:
(1) the district to be drained is properly bounded; and
(2) the special benefits to the property within the district and to the municipality will be equal to the estimated cost of the sewage works;
the findings shall be entered of record and the resolution shall be confirmed or modified. The findings of the works board under this subsection are final and conclusive as to all parties.
(b) If after the hearing under section 10 of this chapter the works board finds that the benefits will not equal the estimated cost, the board may not proceed with the construction of the sewage works under the resolution.
As added by P.L.98-1993, SEC.10.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 39. Barrett Law Funding for Municipal Sewers
36-9-39-1. Application of Chapter
36-9-39-1.3. "Construction" Defined
36-9-39-3. Adoption of Resolution; Contents
36-9-39-4. Notice of Resolution and Hearing; Cost Estimate
36-9-39-5. Conduct of Hearing; Findings
36-9-39-7. Sewage Works for Use by Owners of Abutting Property; Bidding Procedure
36-9-39-9. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Resolution; Notice
36-9-39-11. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Hearing; Findings
36-9-39-13. Payment of Costs; Appropriations; Assessments; Contracts
36-9-39-18. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Assessments
36-9-39-20. Assessments; Inclusion of Amount Determined Under Ic 36-9-22-5
36-9-39-21. Assessment Roll; Formulation; Contents
36-9-39-23. Hearing on Assessments; Findings; Modification of Preliminary or Primary Assessments
36-9-39-24. Hearing on Assessments; Modification of Assessment Roll; Delivery to Fiscal Officer
36-9-39-25. Hearing on Assessments; Finality of Decision; Appeals; Effect of Defective Procedures
36-9-39-26. Duties of Fiscal Officer
36-9-39-28. Enforcement of Assessments and Bonds; Statutes Applicable