IC 36-9-28
    Chapter 28. Certain Watercourse, Levee, Sewer, and DrainImprovements

IC 36-9-28-1
Application of chapter
    Sec. 1. This chapter applies to all municipalities other than aconsolidated city.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-2
Order to construct or improve; issuance; drawings and specifications forproject
    Sec. 2. A municipal works board acting under this chapter mayissue an order to construct or improve a levee, change or improve anatural or artificial watercourse, drain a section of land, or constructa sewer or drain, if:
        (1) the proposed project is designed to benefit land inside andoutside the corporate boundaries of the municipality; and
        (2) the works board finds that the proposed project is necessaryfor the welfare of all or part of the municipality.
If the works board issues such an order, it shall have the necessarydrawings and specifications for the project prepared and filed in itsoffice.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-3
Order to construct or improve; considerations; filing of record ofproceedings
    Sec. 3. (a) In making an order for a project under this chapter, themunicipal works board shall consider whether the project willbeneficially or injuriously affect any property outside the corporateboundaries of the municipality.
    (b) If the works board finds that the proposed project willinjuriously or beneficially affect property outside the corporateboundaries of the municipality, it shall file with the circuit court forthe county a record of all the proceedings concerning the project,including:
        (1) a list of all persons whose property will be affected, asdetermined from the records of the county at the time the worksboard passes the order for the project; and
        (2) a description of the boundaries of the affected area.
The proceedings shall be docketed in the circuit court in the samemanner as other civil actions, and the court shall fix a time when theproceedings shall be heard.
    (c) If the works board finds that the proposed project will notaffect property outside the corporate boundaries of the municipality,it may not proceed with the project under this chapter.
As added by Acts 1981, P.L.309, SEC.104.
IC 36-9-28-4
Notice of hearing; answer; judgment
    Sec. 4. (a) After the record is filed under section 3 of this chapter,the clerk of the circuit court shall give notice to all persons who arementioned in the record or who will be affected by the proposedproject. The notice must:
        (1) be published in accordance with IC 5-3-1;
        (2) name a date on which the court will hold a hearing on theproposed project; and
        (3) describe the boundaries of the area affected by the proposedproject.
    (b) At the hearing, which may be adjourned from time to time,persons who own property in the area affected by the proposedproject may file an answer showing why the works board should notproceed with the project. The court shall hear the evidence anddetermine whether the works board should proceed.
    (c) If the court finds that the works board should proceed with theproject substantially as described in the record, it shall enterjudgment accordingly. Otherwise, the court shall dismiss theproceedings.
    (d) The court's judgment under this section may not be appealed.
As added by Acts 1981, P.L.309, SEC.104. Amended by Acts 1981,P.L.45, SEC.85.

IC 36-9-28-5
Control and supervision of work; letting of contract; reporting; filing
    Sec. 5. If, under section 4 of this chapter, the court finds that themunicipal works board should proceed with a proposed project, theworks board shall control and supervise work for the project. Theworks board shall:
        (1) advertise for bids for the work; and
        (2) let a contract or contracts for the work, subject to financing.
The works board shall report the letting of the contract or contractsto the court, together with an estimate of other project costs, to befiled with the proceedings concerning the project.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-6
Board of assessors; duties; appeals from assessments; hearings; roll ofproperty owners; corrections; actions to contest; costs
    Sec. 6. (a) After the letting of a contract or contracts under section5 of this chapter, the circuit court shall appoint three (3) competent,disinterested residents of the county to serve as the board ofassessors for the project. The assessors shall take an oath to honestlyand faithfully perform their duties as assessors.
    (b) The board of assessors shall:
        (1) inspect the line of the proposed project and the propertywithin the area affected by the project;
        (2) estimate and assess the benefits against each piece ofproperty to be benefited by the project;        (3) award damages to each piece of property to be injuriouslyaffected by the project; and
        (4) prepare and file with the clerk of the circuit court anassessment roll of the assessment against each property owner.
The clerk shall then give written notice of the assessment and theright to appeal by certified mail or personal service upon each of theproperty owners being assessed as his name and address appears onthe tax records of the county. The clerk shall make and file in hisrecords an affidavit of the giving of the notice.
    (c) Appeals from the assessments may be made to the circuit courtwithin fifteen (15) days after the time of the filing of the clerk'saffidavit of service. The appeals shall be conducted in the mannerdirected by the circuit court.
    (d) In hearing appeals of assessments, the board of assessors shall:
        (1) sit at the times and places directed by the court;
        (2) administer oaths;
        (3) send for persons and papers; and
        (4) hear testimony concerning the question of benefits anddamages to be assessed.
The hearing may be continued from day to day.
    (e) After hearing any appeals, the board of assessors shall finalizethe roll of property owners whose property will be benefited orinjured by the project, including:
        (1) a description of the property affected; and
        (2) the amount of the benefits or damages to the property, listedopposite each description;
and shall file it with the circuit court.
    (f) The board of assessors may correct a mistake or supply anomission in the roll at any time. Proceedings under this chapter arenot defective or void because of an omission or defect in the roll, anda property owner may not object to the proceedings on the ground ofany mistake in or omission of:
        (1) the name of any person; or
        (2) the description of any property.
The circuit court may call the board together to make any necessaryadditions or corrections to the roll.
    (g) An action to contest the assessments and the acts of the boardof assessors must be commenced within:
        (1) thirty (30) days after the affidavit of service by the clerk ofthe circuit court; or
        (2) if an appeal is taken, within thirty (30) days after the filingof the final report with the court.
    (h) The circuit court shall make reasonable allowances to theboard of assessors and for attorney's fees, and shall tax theseallowances with the other costs of the proceedings. The allowancesare payable out of money available from bond proceeds, assessments,or the municipal treasury.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-7 Application of other assessment statutes
    Sec. 7. Except as otherwise provided by this chapter, the statutesconcerning street and sewer improvement assessments apply toassessments made under this chapter.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-8
Acquisition of real or personal property required for project;condemnation; purchase
    Sec. 8. If any real or personal property inside or outside themunicipality is required for a project under this chapter:
        (1) it may be condemned and paid for in the manner providedby law; or
        (2) the municipal works board may purchase and take aconveyance for it for the use and benefit of the municipality, inthe manner prescribed for other purchases by the municipality.
All further proceedings concerning a project under this chapter mustbe performed in accordance with the statutes governing publicimprovements in municipalities.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-9
Bonds; issuance; payments; financing agreement; public sale
    Sec. 9. (a) If the financing for a project under this chapter is to beprovided by the federal government, one (1) or more bonds may beissued at any time after the filing of the assessment roll with thecircuit court under section 6 of this chapter.
    (b) Bonds issued under this section are payable solely from:
        (1) the assessments made or to be made against the propertybenefited; or
        (2) the money appropriated for that purpose by themunicipality;
and are not a general obligation of the municipality.
    (c) Notwithstanding any other law, a financing agreement with thefederal government may provide that a municipal ordinance maydetermine:
        (1) the interest rate or rates on the bonds and the assessments;
        (2) the time or times of maturities or of principal andassessment payments;
        (3) the terms, if any, for redemption of the bonds;
        (4) the medium and the place or places for payment of thebonds, including payment by mail to an owner of any fullyregistered bond; and
        (5) any other necessary terms and conditions.
    (d) Bonds issued under this section need not be advertised forpublic sale.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-10
Completion and acceptance of project; certification; benefits assessed    Sec. 10. (a) When the municipal works board finally accepts aproject under this chapter, it shall certify the completion andacceptance of the project to the circuit court. The court shall thendirect the clerk of the court to make out two (2) copies of a listshowing:
        (1) the owners of the property affected by the project;
        (2) a description of each parcel of property affected by theproject; and
        (3) the benefits and damages assessed upon or in favor of eachparcel.
The clerk shall certify the copies under the seal of the court, andshall 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 thepublic welfare of the municipality and that the benefits assessed willfall below the amount required to pay the damages awarded and topay for the project, the board shall order that any balance requiredfor this purpose shall be paid by the municipality out of the generalfund or out of any other available money. If the works board findsthat the benefits assessed exceed the amount of financing needed,each assessment shall be reduced on a pro rata basis.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-11
Board of directors; duties; petition for appointment; notice of hearing;appearance; judgment
    Sec. 11. (a) After a project is completed and approved under thischapter, the care, management, control, repair, and maintenance ofthe project may be placed under the jurisdiction of a board ofdirectors appointed under this section.
    (b) A petition requesting the appointment of a board of directorsfor the project may be filed with the clerk of the circuit court. Thepetition may be signed by:
        (1) the municipal works board, if all or part of the municipalityis located in the area affected by the project;
        (2) the executive and legislative body of a township, if all orpart of the township is located in the area affected by theproject;
        (3) any twenty-five (25) landowners who reside in amunicipality and whose lands are located in the area affected bythe improvement; or
        (4) any twenty-five (25) landowners who do not reside in amunicipality and whose lands are located in the area affected bythe project.
The petition shall be docketed as a pending action, and the courtshall fix a time when the petition shall be heard.
    (c) After the petition is filed and docketed, the clerk of the circuitcourt shall give notice of the hearing by publication in accordancewith IC 5-3-1. The notice shall be addressed to all persons who wereoriginally assessed for the construction of the project.    (d) Any person owning land located in the area affected by theproject may appear at the hearing and be heard, either in person or byhis attorney.
    (e) If the circuit court determines that a board of directors shouldbe appointed and assessments should be imposed for the care,management, control, repair, and maintenance of the project, thecourt shall enter a judgment accordingly. If the court enters such ajudgment, two (2) members of the board of directors shall beappointed by the county executive and one (1) member of the boardof directors shall be appointed by the municipal executive. The three(3) appointed persons must be qualified under section 12 of thischapter.
    (f) If the court determines that a board of directors should not beappointed, it shall dismiss the petition.
As added by Acts 1981, P.L.309, SEC.104. Amended by Acts 1981,P.L.45, SEC.86; P.L.7-1983, SEC.40.

IC 36-9-28-12
Board of directors; qualifications; terms; vacancy
    Sec. 12. (a) A board of directors appointed under this chapterconsists of three (3) directors, who must own land assessed for theconstruction of the project. One (1) of the directors must be aresident of the municipality affected by the improvement, and two(2) of the directors must be residents of an unincorporated area.
    (b) One (1) of the original directors shall be appointed for a termof one (1) year, one (1) for a term of two (2) years, and one (1) for aterm of three (3) years. After the expiration of the original terms, alldirectors shall be appointed for terms of three (3) years.
    (c) The appointing authority shall fill any vacancy on the board ofdirectors by appointment for the remainder of the unexpired term.
As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.7-1983,SEC.41.

IC 36-9-28-13
Board of directors; compensation
    Sec. 13. Each member of a board of directors appointed under thischapter is entitled to compensation, at a rate fixed by the circuit courtbut not to exceed thirty-five dollars ($35) per day, for his servicesunder this chapter. The compensation of the board shall be paid fromthe assessments made under section 16 of this chapter.
As added by Acts 1981, P.L.309, SEC.104. Amended by Acts 1981,P.L.317, SEC.33.

IC 36-9-28-14
Board of directors; employment of assistants; compensation
    Sec. 14. A board of directors appointed under this chapter mayemploy the assistants necessary to perform its duties under thischapter. The compensation of the assistants shall be paid from theassessments made under section 16 of this chapter.
As added by Acts, 1981, P.L.309, SEC.104.
IC 36-9-28-15
Board of directors; necessary repairs; record of proceedings and of costsand expenses of repairs
    Sec. 15. (a) A board of directors appointed under this chaptershall make all repairs necessary to keep the project in its originalcondition. If, in making the repairs, it is necessary to change the lineand location of a ditch at any point, the board may do so, but theboard may not change its general line or location.
    (b) The board of directors shall keep a record of its proceedingsand shall note in that record all expenses incurred in making repairs.The board shall file with the county auditor a statement showing thecost and expenses of making the repairs, specifying the amounts dueto each person. The auditor shall then draw his warrant in favor ofeach person for the amount due them. The amounts due shall be paidout of county revenues and shall be reimbursed to the county fromthe assessments made under section 16 of this chapter.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-16
Assessments; considerations; quotient; negligence of owner oroccupant of land; assessment date; certification of assessment; lien
    Sec. 16. (a) The money necessary to pay costs incurred by a boardof directors in the management and maintenance of a project,including money to be reimbursed to a county under section 15 ofthis chapter, shall be derived from assessments made under thissection.
    (b) The board of directors shall determine:
        (1) the total number of acres of land benefited by the projectand located outside the municipality;
        (2) the total number of lots benefited by the project and locatedoutside the municipality; and
        (3) the total number of lots benefited by the project and locatedinside the municipality.
Each lot, whether it is located inside or outside the municipality,shall be counted as one-half (1/2) acre of land, and each majorfraction of an acre shall be counted as one (1) full acre.
    (c) When the board of directors has determined the total numberof acres subject to assessment and the total amount of moneyrequired for the next year, the board shall divide the total amountrequired by the total number of acres assessed. The quotient obtainedis the amount per acre to be assessed for the next calendar year.
    (d) If repairs have been rendered necessary by the act ornegligence of the owner or occupant of any lands, or of his employeeor agent, the cost of the repairs shall be assessed against only hislands.
    (e) All assessments shall be made before August 2 of each year.
    (f) The board of directors shall certify the total amount assessedagainst lots located inside the municipality to the municipal fiscalofficer. This amount shall be included in the municipal budget,appropriated by the municipal legislative body, and paid out of the

municipal general fund.
    (g) The board of directors shall make out a certified copy of theassessments made on land outside the municipality, and shall file thecopy with the auditor of the county in which the lands and lots arelocated. The auditor shall place the assessments against the landupon the next tax duplicate. The assessment is a lien from the timethe certified copy of the assessments is filed, and shall be collectedas other state and county taxes are collected. All the laws regulatingthe payment and collection of state and county taxes, the assessmentof penalties and interest, and the sale of property for delinquent taxesapply to the payment and collection of assessments placed upon taxduplicates under this subsection.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-17
Bonds; issuance when cost of maintaining project exceeds amount thatcan be raised
    Sec. 17. If a board of directors finds that the cost of maintaininga project exceeds the amount that can be raised in any year, the boardmay issue bonds in the manner in which bonds are issued forconstruction of levees. However, the bonds and the interest on thebonds shall be paid by assessments made in the manner prescribedby section 16 of this chapter.
As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28-18
Standing water; removal; costs
    Sec. 18. The board of directors in charge of a project may pumpout or remove from lands drained by a ditch any standing water thathas no means of outlet. The board may purchase pumps or adoptother suitable means for the removal of the water, and the costsnecessarily incurred on account of any work done under this sectionshall be assessed against the lands benefited by the removal of thewater. The costs shall be paid, assessed against the lands benefited,and collected in the manner prescribed by section 16 of this chapter.
As added by Acts 1981, P.L.309, SEC.104.