Indiana Code
Chapter 39. Barrett Law Funding for Municipal Sewers
36-9-39-16. Sewage Works for Use by Property Owners Along Street, Alley, or Other Public Place; Assessments; Computation

Sec. 16. (a) The primary assessment for each lot abutting on and served by the sewage works shall be determined by dividing the estimated total cost of the sewage works by the total number of lots.
(b) The total number of lots shall be computed as follows:
(1) If all or any part of the sewage works is located within an area platted or to be platted, each lot abutting on and served by the sewage works as shown in the plat shall be included in the total number of lots.
(2) If all or any part of the sewage works is located within an area that:
(A) is unplatted;
(B) contains a residence on each parcel of land; and
(C) is subject to zoning restrictions that prevent an increase in the number of residences;
each parcel of land that is abutting on or served by the sewage works and that contains a residence shall be included in the total number of lots as if the parcel was a platted lot.
(3) Except as provided in subdivision (2), if all or any part of the sewage works is located in an unplatted area, the number of lots to be included in the total number of lots shall be determined by dividing:
(A) the total front footage of the property abutting on and served by the sewage works within the unplatted area on either or both sides of the street, alley, or right-of-way in which the sewage works are located; by
(B) one hundred twenty-five (125) feet.
The result determined under clauses (A) and (B) shall be rounded to the nearest whole number.
(4) The front footage of property may not be used to determine the number of lots included in an unplatted area if the front footage:
(A) is not available for future development; or
(B) is restricted against usage because of:
(i) limited access; or
(ii) any other reasons.
(5) The total number of lots for a particular sewage works is the sum of the number of platted and unplatted lots as determined under subdivisions (1) through (4).
As added by P.L.98-1993, SEC.10.

Structure Indiana Code

Indiana Code

Title 36. Local Government

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

36-9-39-2. Transfer of Powers and Duties of Municipal Works Board to Utility Service Board; Authorization

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

36-9-39-6. Confirmation or Modification of Resolution; Subsequent Proceedings Under Alternative Sections Depending on Nature of Sewage Works

36-9-39-7. Sewage Works for Use by Owners of Abutting Property; Bidding Procedure

36-9-39-8. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Map, Profiles, Drawings, and Specifications; Filing

36-9-39-9. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Resolution; Notice

36-9-39-10. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Estimate of Costs; Hearing

36-9-39-11. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Hearing; Findings

36-9-39-12. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Enlargement of District; Resolution; Notice; Hearing

36-9-39-13. Payment of Costs; Appropriations; Assessments; Contracts

36-9-39-14. Payment of Costs; Application of Statutes Concerning Public Bond Issues, Construction, Appropriations, and Tax Levies

36-9-39-15. Sewage Works for Use by Property Owners Along Street, Alley, or Other Public Place; Requirements

36-9-39-16. Sewage Works for Use by Property Owners Along Street, Alley, or Other Public Place; Assessments; Computation

36-9-39-17. Sewage Works for Use by Property Owners Along Street, Alley, or Other Public Place; Property Abutting on Two Streets or One Street and One Alley; Assessments; Computation

36-9-39-18. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Assessments

36-9-39-19. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Assessments; Hearing; Review

36-9-39-20. Assessments; Inclusion of Amount Determined Under Ic 36-9-22-5

36-9-39-21. Assessment Roll; Formulation; Contents

36-9-39-22. Assessment Roll; Finality of Primary or Preliminary Assessments; Notice of Works, Assessment Roll, and Hearing on Assessments

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

36-9-39-27. Assessments Against Municipality; Payment; Property Not Liable for Assessments; Subrogation Rights of Municipality

36-9-39-28. Enforcement of Assessments and Bonds; Statutes Applicable

36-9-39-29. Contractors; Submission of Monthly Estimates of Work Done; Issuance of Certificates in Payment; Negotiability; Interest; Retainage

36-9-39-30. Sewage Works Through Cemeteries; Purchase or Condemnation of Rights-of-Way; Assessments Prohibited; Removal of Bodies; Record