§ 36-9-9-4.1 — Hearing on remonstrance; rescission or modification of resolution and plans

Indiana § 36-9-9-4.1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 9: Municipal Street Lights

Text

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.