Sec. 4.1. At the time specified in the notice under section 3 of this chapter, the municipal works board shall conduct a hearing of any remonstrance on file. If, at the hearing, the works board finds that:
(1) the lighting system will not be of public benefit; or
(2) the annual benefits from the lighting system that will accrue to the property liable to be assessed will not equal or exceed the estimated annual cost of the improvement, after deducting the amount of the annual cost to be paid by the municipality;
the works board shall rescind the declaratory resolution for the lighting system and dismiss the petition, or modify the resolution, petition, drawings, plans, specifications, and estimated cost so that the lighting system will be of public benefit and the annual benefits that will accrue to the property liable to be assessed for the lighting system will equal or exceed its estimated annual cost, after deducting the amount of the annual cost to be paid by the municipality. However, the number of lumens per post and the number of posts designated in the petition may not be changed without the written consent of the petitioners.
As added by Acts 1982, P.L.6, SEC.26.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 9. Municipal Street Lights
36-9-9-1. Application of Chapter
36-9-9-2. "City Block" Defined
36-9-9-3. Petitions for Construction of Street Lights; Declaratory Resolutions; Notice and Hearing
36-9-9-4.1. Hearing on Remonstrance; Rescission or Modification of Resolution and Plans
36-9-9-5. Construction of Street Lights; Contracts; Commission Orders
36-9-9-7. Payments to Utility for Service
36-9-9-8. Street Lights at Intersections
36-9-9-9. Payment of Costs of Lighting
36-9-9-10. Street Light Assessments and Liens
36-9-9-11. Expiration of Contracts; Transfers to New Utilities
36-9-9-12. Additional Lighting Facilities; Petition; Construction; Assessment of Costs
36-9-9-13. Additional Hours of Lighting; Petitions; Assessment of Costs