§ 36-9-39-5 — Conduct of hearing; findings

(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.

Legislative History

As added by P.L.98-1993, SEC.10.