§ 36-9-28-10 — Completion and acceptance of project; certification; benefits assessed

Indiana § 36-9-28-10

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 28: Certain Watercourse, Levee, Sewer, and Drain

Text

(a) When the municipal works board finally
accepts a project under this chapter, it shall certify the completion and
acceptance of the project to the court. The court shall then direct the
clerk of the court to make out two (2) copies of a list showing:
(1) the owners of the property affected by the project;
(2) a description of each parcel of property affected by the
project; and
(3) the benefits and damages assessed upon or in favor of each
parcel.
The clerk shall certify the copies under the seal of the court, and shall
deliver one (1) copy to the municipal fiscal officer and one (1) copy to
the county treasurer.
(b) If the works board finds that the project is necessary for the
public welfare of the municipality and that the benefits assessed will
fall below the amount required to pay the damages awarded and to pay
for the project, the board shall order that any balance required for this
purpose shall be paid by the municipality out of the general fund or out
of any other available money. If the works board finds that the benefits
assessed exceed the amount of financing needed, each assessment shall
be reduced on a pro rata basis.
[Pre-Local Government Recodification Citation:
19-4-20-8.]
As added by Acts 1981, P.L.309, SEC.104. Amended by
P.L.84-2016, SEC.190.