Indiana Code
Chapter 39. Barrett Law Funding for Municipal Sewers
36-9-39-5. Conduct of Hearing; Findings

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

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