Sec. 5. (a) At the hearing specified in the notice given under section 4 of this chapter, the municipal works board shall hear all interested persons on the question of special benefits and on any other matter related to the proposed sewage works.
(b) If after the hearing the works board finds that the special benefits accruing to the abutting property are equal to the estimated cost of the sewage works, the finding shall be entered of record. The finding is final and conclusive on all parties.
(c) If after the hearing the works board finds that the special benefits accruing to the abutting property are not equal to the estimated cost of the sewage works, the works board may not proceed with the construction of the sewage works under any resolution for one (1) year. However, the works board may proceed with the sewage works if the works board finds that the municipality is benefited in an amount sufficient to cover the deficiency.
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