§ 36-9-38-24 — Final determination of costs; revised assessment

Indiana § 36-9-38-24

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 38: Barrett Law Funding for Municipal Improvement

Text

(a) The municipal works board may, with the
approval of the municipal legislative body, determine all of the
following:
(1) Whether the benefits assessed against the municipality are
proper and should be paid.
(2) Whether the municipality should pay a part of the cost of the
improvement regardless of benefits assessed.
(b) An amount of benefits or costs to be paid by the municipality
may be paid:
(1) out of the money of the municipality appropriated to the use
of the works board for such an improvement; or
(2) through the issuance of bonds of the municipality.
(c) The notice of hearing required by section 26 of this chapter shall
be given after the cost of the improvement has been finally determined
by the works board through firm bids or contracts and firm estimates
for other costs.
(d) If the finally determined cost of the improvement exceeds the
total of:
(1) the benefits assessed, less damages assessed; and
(2) the contributions of the petitioners, the municipality, and other
sources;
the works board shall direct the appraisers to review the assessments
and submit a revised assessment list.
(e) The notice of hearing shall be given only after the works board
determines that the money available from all sources is adequate to
cover the total cost of the improvement, including all costs that are to
be reimbursed under section 18(c) of this chapter.

Legislative History

As added by P.L.98-1993, SEC.9.