CHAPTER 38. BARRETT LAW FUNDING FOR MUNICIPAL IMPROVEMENT DISTRICTS
IC 36-9-38
Chapter 38. Barrett Law Funding for Municipal ImprovementDistricts
IC 36-9-38-1
Application of chapter
Sec. 1. This chapter applies to all municipalities.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-2
Permissible improvements
Sec. 2. The following improvements may be made under thischapter:
(1) Sidewalks.
(2) Streets.
(3) Pedestrian ways or malls that are set aside entirely or partly,or during restricted hours, for pedestrian rather than vehiculartraffic.
(4) Parking facilities.
(5) Lighting.
(6) Electric signals.
(7) Landscaping, including trees, shrubbery, flowers, grass,fountains, benches, statues, floodlighting, gaslighting, andstructures of a decorative, an educational, or a historical nature.
(8) Emergency warning systems.
As added by P.L.98-1993, SEC.9. Amended by P.L.42-2006, SEC.3.
IC 36-9-38-3
Improvement to be owned, maintained, and operated bymunicipality
Sec. 3. An improvement constructed under this chapter shall beowned, maintained, and operated by the municipality under thedirection of the municipal works board.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-4
Application of statutes relating to planning and zoning, buildingcodes, and restrictions on use of property
Sec. 4. The statutes relating to planning and zoning, buildingcodes, and restrictions on the use of property apply to animprovement under this chapter.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-5
Application of IC 36-9-36 and IC 36-9-37
Sec. 5. To the extent they are not in conflict with this chapter, allthe provisions of IC 36-9-36 and IC 36-9-37 apply to proceedingsunder this chapter.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-6
Persons having the same rights and powers as the owner of feesimple title
Sec. 6. For purposes of this chapter, the following persons havethe same rights and powers as the owner of the fee simple title to aparcel of real property:
(1) The legal or authorized representative of the owner.
(2) A person obligated under a written instrument to pay anassessment against the property under this chapter.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-7
Petition to establish district
Sec. 7. (a) A petition for the establishment of an improvementdistrict under this chapter may be filed with the works board of amunicipality by any of the following:
(1) An association established under section 8 of this chapter.
(2) The owners of at least twenty-five percent (25%) of theparcels of real property in the proposed improvement district ifan association has not been formed under section 8 of thischapter.
(b) A petition filed under this section by an association must besigned by a majority of the association's directors.
(c) A petition filed under this section must set forth all of thefollowing:
(1) The boundaries of the proposed improvement district,including all of the real property that the petitioners believe willbe specially benefited or damaged by the proposedimprovement.
(2) The location and a general description of the proposedimprovement.
(3) The estimated cost of the proposed improvement.
(4) As part of the petition or as an accompanying exhibit, thenames and addresses of all the owners of real property withinthe boundaries of the proposed improvement district as thenames and addresses are listed on the tax duplicates in therecords of the county auditor.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-8
Association of owners of property affected by proposedimprovement; requirements for establishment
Sec. 8. At least fifteen (15) persons may establish an associationfor purposes of this chapter if the persons are the owners of thefollowing:
(1) At least fifteen (15) separate parcels of real property.
(2) At least twenty percent (20%) of the surface area of the realproperty affected by a proposed improvement under thischapter.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-9
Association established under IC 36-9-38-8; articles of association;filing and recording; powers
Sec. 9. (a) The persons establishing an association under section8 of this chapter must sign and acknowledge written articles ofassociation specifying the following:
(1) The name of the association.
(2) The purposes of the association, which must be limited tothe purposes of this chapter.
(3) The names and addresses of the initial members.
(4) The principal office of the association.
(5) The name of the agent for purposes of communications andservice of process.
(6) The term of existence of the association, which may beperpetual.
(7) The number of directors, which may not be less than three(3) or more than eleven (11).
(8) The amount of any membership fee and any annual dues.
(9) The area affected by any proposed improvements includedwithin the purposes of the association.
(10) The square footage of the area affected by the proposedimprovement.
(11) The square footage of the area affected by the proposedimprovement included within the association.
(12) Any other provisions that the initial members considerdesirable and that are not inconsistent with this chapter.
(b) The association shall file a copy of the articles of association,signed and acknowledged by all of the initial members, with theworks board of the municipality in which the affected area is located.A copy of the articles of association shall be recorded in the officeof the recorder of the county within which the area is located.
(c) An association formed under this chapter (or under IC 36-9-20before its repeal in 1993) is a nonprofit corporate body and may dothe following:
(1) Enter into contracts.
(2) Hold, convey, and transfer property.
(3) Sue and be sued.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-10
Association established under IC 36-9-38-8; notice; meeting
Sec. 10. (a) Not later than ninety (90) days after the filing andrecording of the articles of association, the association shall hold ameeting of all owners of real property in the area described in thearticles for the purpose of electing directors of the association.
(b) At least twenty (20) days before the meeting, notice of themeeting shall be mailed, first class postage prepaid, to all owners ofreal property in the area described in the articles of association. Thenotice must set forth the following:
(1) The time and place of the meeting. (2) The purpose of the meeting.
(3) A general description of the nature and object of theassociation.
(4) The amount of any membership fee and any annual dues.
(5) Notice that an owner of real property may become a memberof the association and be eligible to vote in the meeting, eitherin person or by authorized agent or attorney, by doing thefollowing:
(A) Signing a copy of the articles of association at any timebefore the commencement of the meeting.
(B) Paying the membership fee, if any, and the dues for thefirst year, if any.
(c) The notice under subsection (b) may be mailed to the ownersof real property at the owners' addresses appearing upon the taxduplicates in the records of the county auditor.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-11
Association established under IC 36-9-38-8; directors; bylaws
Sec. 11. (a) The directors of the association must be:
(1) members of the association; and
(2) owners of real property in the affected area.
(b) The directors elected under section 10 of this chapter serveuntil the next annual meeting and until the directors' successors areelected and qualified.
(c) The directors shall approve bylaws of the association. Thefollowing apply to the bylaws of the association:
(1) The bylaws may be amended.
(2) The bylaws may provide for officers of the association to beelected annually by the directors.
(3) The bylaws may contain any other provisions that aredesirable for the conduct of the affairs of the association.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-12
Association established under IC 36-9-38-8; articles; amendment;property owners subsequently becoming members
Sec. 12. (a) The articles of association may be amended upon therecommendation of the directors and the approval of two-thirds (2/3)of all members of the association at a meeting called for that purpose.Amended articles must be signed and acknowledged by a majority ofthe directors. A copy of all amendments shall be filed with themunicipal works board and recorded in the office of the countyrecorder.
(b) A copy of the articles of association, with any amendments,shall be kept available at the office of the agent of the associationduring regular business hours for signature by an owner of realproperty who desires to become a member of the association bysigning the copy and by paying any membership fee and any annualdues.As added by P.L.98-1993, SEC.9.
IC 36-9-38-13
Notice of hearing on establishment of district
Sec. 13. (a) Upon the filing of a petition under section 7 of thischapter, the municipal works board shall fix a date for a hearing onthe establishment of the proposed improvement district. At leasttwenty-one (21) days before the date fixed for the hearing, thepetitioners shall have a notice mailed to all owners of real propertywithin the proposed improvement district. The notice may be mailedto the owners of real property at the owners' addresses appearingupon the tax duplicates in the records of the county auditor.
(b) The petitioners shall publish a notice of the hearing and thedate, place, and time of the hearing in accordance with IC 5-3-1.
(c) The notice to be published and mailed must do the following:
(1) Contain a general description of the contents of the petition.
(2) Specifically set forth the boundaries of the proposed district.
(3) State that all of the property in the proposed district will beassessed benefits or damages under this chapter for theproposed improvement.
(4) State that at the hearing all owners of real property withinthe proposed improvement district or the owners'representatives may be heard upon the question of theestablishment of the district.
(d) Proof of service shall be made by affidavit of the person orpersons causing service to be made.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-14
Petition in opposition to district; termination of proceedings
Sec. 14. (a) The owners of real property located in a proposedimprovement district may remonstrate against the establishment ofthat district by filing a petition with the municipal works board. Thecounty auditor shall verify the signatures on the petition.
(b) If the number of valid signatures equals or exceeds fifty-onepercent (51%) of the owners of real property in the proposedimprovement district, the works board shall cease the works board'sproceedings to establish the improvement district.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-15
Conduct of hearing; resolution
Sec. 15. (a) At the hearing fixed under section 13 of this chapter,the municipal works board shall hear all owners of real property inthe proposed improvement district who appear and request to beheard upon the following questions:
(1) The sufficiency of the petition and notice.
(2) Whether the proposed improvement is of public utility andbenefit.
(3) Whether all of the probable benefits of the proposed
improvement, including the benefits to the municipalitygenerally, will equal or exceed the estimated cost of theimprovement.
(4) Whether the improvement district contains all, more thanall, or less than all of the property specially benefited ordamaged by the proposed improvement.
(b) The hearing under subsection (a) may be adjournedperiodically without further notice. After the completion of thehearing, the works board shall adopt a resolution determiningwhether the following conditions have been met:
(1) The petition is sufficient.
(2) The required notice was given.
(3) The proposed improvements are of public utility andbenefit.
(4) All of the probable benefits of the proposed improvementwill equal or exceed the estimated cost of the proposedimprovement.
(5) The proposed improvement district contains all, more thanall, or less than all of the property specially benefited ordamaged by the proposed improvement.
(c) The works board shall establish the improvement district withthe boundaries described in the petition if the works board does thefollowing:
(1) Answers the questions in subsection (b)(1) through (b)(4)affirmatively.
(2) Determines that the proposed improvement district containsall of the property specially benefited or damaged.
(d) If the works board answers any of the first four (4) questionsnegatively, the works board may:
(1) allow amendments and the issuance of additional notice andmay hold further proceedings; or
(2) dismiss the petition without prejudice to the right to file anew petition.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-16
Hearing; determination that petition includes property notspecially benefited; further proceedings
Sec. 16. (a) If the works board determines that property notspecially benefited or damaged has been included within boundariesdescribed in the petition, the works board shall do the following:
(1) Redefine the boundaries of the district and include in theworks board's resolution only the property that is speciallybenefited or damaged.
(2) Establish the district with the boundaries as redefined.
(b) The works board shall fix a date for a further hearing if theworks board determines that:
(1) less than all of the property specially benefited or damagedhas been included within the boundaries described in thepetition; or (2) less than all of the property specially benefited or damagedhas been included within the boundaries described in thepetition and some property that is not specially benefited ordamaged has been included.
(c) Notice of the further hearing, describing the proposed revisedboundaries, shall be given in the manner prescribed by section 13 ofthis chapter. However, notice by mail shall be given only to theowners of real property in an area that is proposed to be added to thedistrict and that was not included in the initial petition.
(d) At the further hearing, all owners of real property within theproposed district boundaries or the owners' representatives areentitled to be heard. The works board shall then adopt a resolution onthe establishment of the district.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-17
Resolution establishing improvement district; recitations; notice toproperty owners; finality; recording; appeal
Sec. 17. (a) A resolution establishing an improvement districtmust also recite the following:
(1) That all real property within the district is subject toassessment of special benefits and damages by appraisers to beappointed by the municipal works board.
(2) That the assessments are subject to review in a hearingbefore the works board.
(b) The works board's resolution is considered notice to allproperty owners who have appeared or who have been notified of theproceedings that the owners' property is subject to an assessment ofspecial benefits and damages under this chapter. Further notice orhearing is not required, except as provided by section 26 of thischapter.
(c) The resolution of the works board:
(1) is final and conclusive; and
(2) may not be challenged unless an appeal is made undersubsection (e).
(d) A copy of the resolution establishing an improvement district,certified by the municipal clerk, shall be recorded in themiscellaneous records in the office of the recorder of the county inwhich the municipality is located.
(e) A person aggrieved by the adoption of a resolutionestablishing an improvement district may appeal in the mannerprescribed by IC 34-13-6.
As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.217.
IC 36-9-38-18
Plans, specifications, and cost estimates
Sec. 18. (a) Upon adoption of a resolution establishing animprovement district, the petitioners for the district shall submit anyplans, specifications, and estimates of the cost of the proposedimprovement that the petitioners have prepared to the municipal
works board for review and approval.
(b) If the petitioners have not prepared plans and specifications,the works board shall have plans, specifications, and estimates of thecost of the proposed improvement prepared. For the purpose ofpreparing plans, specifications, and estimates of cost, the worksboard may employ architects, engineers, and other necessaryconsultants without an appropriation. The petitioners may advancemoney for this employment, subject to reimbursement, or themunicipality may advance money on the approval of the municipallegislative body from unappropriated funds without an appropriation,also subject to reimbursement.
(c) Estimates of costs prepared under this section must include thefollowing:
(1) Architectural, appraisal, consultant, engineering, legal,supervision, and other professional fees.
(2) The cost of plans and specifications, including amounts tobe reimbursed under subsection (b).
(3) Construction costs, including the cost of land, material, andlabor.
(4) All other related and incidental expenses.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-19
Eminent domain; vacation of streets and alleys; property owned bygovernment entities
Sec. 19. (a) If:
(1) an improvement under this chapter requires the acquisitionof property or property rights; and
(2) the acquisition cannot be made through the assessmentproceedings established by this chapter;
the municipality may proceed by eminent domain.
(b) The eminent domain proceeding shall be conducted in themanner provided by the statutes applicable to acquisition of propertyby the municipality for public purposes. Any property or propertyrights acquired belong to the municipality.
(c) If it is necessary to vacate streets or alleys, the vacation shallbe made in the manner provided by statute.
(d) Any property owned by the municipality or anothergovernmental entity may be made available for any publicimprovement under this chapter, without charge.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-20
Letting of construction contracts; actions to enjoin performance;limitations
Sec. 20. (a) All contracts for construction of an improvementunder this chapter shall be let by the municipal works board afteradvertisement as required for other contracts.
(b) All statutes applicable to the letting and performance of othercontracts apply to contracts under this chapter. (c) The validity of a contract entered into under this chapter maynot be questioned, except in an action to enjoin performance. Theaction must be brought not later than fifteen (15) days from theexecution of the contract. If the action is not brought within thefifteen (15) day period, the contract is valid, conclusive, and bindingupon all persons.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-21
Appointment of appraisers to assess benefits and costs
Sec. 21. (a) After the municipal works board approves plans andspecifications for an improvement under this chapter, the worksboard shall appoint three (3) disinterested persons as appraisers toexamine the following:
(1) The plans, specifications, and estimates of the cost of theproposed improvement.
(2) The real property within the improvement district.
(b) Upon request from the appraisers or the petitioners, the worksboard may do the following:
(1) Retain or employ qualified personnel to provide necessarytechnical or consulting assistance.
(2) Supply the appraisers with information that will assist theappraisers in making the assessment under section 22 of thischapter.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-22
Appointment of appraisers; assessment of benefits and costs; filingof roll
Sec. 22. (a) The appraisers shall make an assessment of thefollowing:
(1) The special benefits and damages, if any, that will accrue toeach parcel of real property from the construction of theproposed improvement.
(2) The benefits, if any, that will accrue to the municipalitygenerally from the construction of the proposed improvement.
(b) The appraisers shall file with the municipal works board acopy of the roll of all owners of real property and of the municipalitygenerally. The copy must:
(1) be signed by all three (3) appraisers;
(2) show the assessment of benefits and damages; and
(3) be filed by the appraisers with the works board not later thanthirty (30) days after appointment of the appraisers, unless theboard extends the time.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-23
Costs exceeding benefits; postponement of improvement;reappraisement; deficiency supplied; bond
Sec. 23. (a) If the total of the assessed benefits, after deducting
assessed damages, does not equal or exceed the total estimated costof the improvement, further action may not be taken on the proposedimprovement until:
(1) a second assessment of benefits and damages has beencompleted; or
(2) the petitioners, the municipality, or another source,separately or jointly, undertakes to provide the deficiency.
(b) The municipal works board may request the originalappraisers to make the second assessment or may appoint three (3)other qualified, disinterested appraisers to make the secondassessment. The second assessment shall be completed in the samemanner as the first assessment.
(c) If a second assessment of benefits, after deducting thedamages, does not equal or exceed the estimated cost of theimprovement, further action may not be taken on the proposedimprovement, unless the petitioners, the municipality, or anothersource, separately or jointly, undertakes to provide the deficiency. Ifthe petitioners elect to provide the deficiency, further action may notbe taken upon the improvement until the petitioners file with theworks board a bond with adequate surety. The bond must beconditioned on payment of the net balance of the actual cost of theimprovement over the total of the assessments after deductingdamages.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-23.5
Assessments; installment payments
Sec. 23.5. (a) With respect to assessments imposed after June 30,2001, the works board shall establish a procedure to permit ownersof real property in the improvement district to elect whether to payassessments in:
(1) one (1), five (5), ten (10), fifteen (15), or twenty (20) annualinstallments; or
(2) a number of monthly installments that corresponds to one(1), five (5), ten (10), fifteen (15), or twenty (20) installments.
(b) The works board shall establish the timing of the electionunder subsection (a) to permit the works board to structure thematurities of the principal of the bonds in a number of annual seriesthat is consistent with the installment periods elected by owners ofreal property under subsection (a).
As added by P.L.62-2001, SEC.8.
IC 36-9-38-24
Final determination of costs; revised assessment
Sec. 24. (a) The municipal works board may, with the approval ofthe municipal legislative body, determine all of the following:
(1) Whether the benefits assessed against the municipality areproper and should be paid.
(2) Whether the municipality should pay a part of the cost of theimprovement regardless of benefits assessed. (b) An amount of benefits or costs to be paid by the municipalitymay be paid:
(1) out of the money of the municipality appropriated to the useof 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 chaptershall be given after the cost of the improvement has been finallydetermined by the works board through firm bids or contracts andfirm estimates for other costs.
(d) If the finally determined cost of the improvement exceeds thetotal of:
(1) the benefits assessed, less damages assessed; and
(2) the contributions of the petitioners, the municipality, andother sources;
the works board shall direct the appraisers to review the assessmentsand submit a revised assessment list.
(e) The notice of hearing shall be given only after the works boarddetermines that the money available from all sources is adequate tocover the total cost of the improvement, including all costs that areto be reimbursed under section 18(c) of this chapter.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-25
Appraisers; qualification for appointment
Sec. 25. A person appointed as an appraiser under this chaptermust be:
(1) a disinterested licensed real estate broker; or
(2) a disinterested licensed appraiser under IC 25-34.1.
As added by P.L.98-1993, SEC.9. Amended by P.L.113-2006,SEC.22.
IC 36-9-38-26
Notice of proposed assessments to property owners; contents
Sec. 26. (a) Promptly after completion of all of the following, themunicipal works board shall mail a notice, first class postageprepaid, to each owner of real property to be assessed:
(1) The filing of an adequate assessment.
(2) The determination of the cost of the improvement.
(3) The determination that adequate money will be available.
(b) The notices shall be mailed not later than twenty-one (21) daysbefore the hearing date and must do all of the following:
(1) Set forth the amount of the proposed assessment.
(2) State that the proposed assessment on each parcel of realproperty in the district is on file and can be seen in the office ofthe works board.
(3) Set forth the date and time the works board will, at theworks board's office, do the following:
(A) Receive written remonstrances against the assessments.
(B) Hear all owners of assessed real property who have filedwritten remonstrances before the date fixed for the hearing. (c) The notices to the owners may be mailed to the owners' namesand addresses appearing on the tax duplicates in the records of thecounty auditor.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-27
Proposed assessments; written remonstrances; hearings;assessment roll; deficiency of funds
Sec. 27. (a) At the hearing fixed under section 26 of this chapter,the municipal works board shall hear all owners of assessed realproperty who have filed written remonstrances before the date of thehearing. The hearing may be continued from time to time withoutfurther notice, as necessary to hear the owners.
(b) The works board shall make a determination increasing,decreasing, or confirming each assessment by setting opposite eachname, parcel, and appraisers' assessment on the assessment roll theamount of the assessment as determined by the works board. If thetotal of the assessments exceeds the amount needed, the works boardshall make a pro rata reduction in each assessment.
(c) The signing of the assessment roll by a majority of themembers of the works board and the delivery of the roll to themunicipal fiscal officer constitute a final and conclusivedetermination of the benefits or damages assessed. However, aperson may appeal the determination if:
(1) the person had previously filed a written remonstrance underthis section; or
(2) the person's assessment was increased above the amountfixed by the appraisers.
(d) An appeal must be made in the manner prescribed byIC 34-13-6.
(e) If the final determination of the works board causes the totalof the money available to be inadequate to cover the cost of theimprovement, the deficiency may be supplied in the manner providedby section 24 of this chapter.
As added by P.L.98-1993, SEC.9. Amended by P.L.1-1998, SEC.218.
IC 36-9-38-28
Lien of assessment
Sec. 28. Each assessment levied under this chapter (or underIC 36-9-20 before its repeal in 1993) is a lien on the real propertyassessed. This lien is second in priority only to taxes levied on theproperty.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-29
Municipal assessment; manner of payment; other assessments;payment in installments; interest
Sec. 29. (a) At the time the municipal works board determines theamount of the assessments, the municipal works board shall alsodetermine the following: (1) The manner in which the municipality shall pay themunicipality's assessment, if any.
(2) The number of monthly or annual installments over whichthe other assessments will be paid.
(3) The maximum rate of interest on the installments, whichmay be equal to or greater than the interest rate on bonds issuedunder section 30 of this chapter.
(b) The works board shall certify the determination undersubsection (a) to the municipal fiscal officer. This certification mustaccompany the assessment roll.
As added by P.L.98-1993, SEC.9. Amended by P.L.62-2001, SEC.9.
IC 36-9-38-30
Bonds
Sec. 30. (a) For the purposes of anticipating the collection ofassessments under this chapter, the municipality shall issue bondspayable out of the assessments. However, a consolidated city is notrequired to issue bonds under this section.
(b) The terms of the bonds may allow early retirement of thebonds for and to the extent of prepayment of assessments inanticipation of which the bonds were issued.
(c) The bonds bear interest at a rate or rates determined by thelegislative body of the municipality and shall be executed, sold, anddelivered in denominations determined to be appropriate by themunicipal fiscal officer as bonds of a municipality are executed, sold,and delivered.
(d) If the bonds are sold at a public sale, the advertisement of thesale of the bonds shall be published in accordance with IC 5-3-1. Themunicipality may also sell the bonds by negotiated private sale to afinancial institution.
(e) Unless the municipality chooses to sell the bonds by anegotiated private sale to a financial institution, the sale shall bemade to the highest and best bidder, as provided in IC 36-9-36.However, the sale may not be for less than the face value of thebonds, plus interest from the date of the bonds to the date of delivery.
(f) The bonds and interest on the bonds are exempt from taxationto the extent provided by IC 6-8-5-1.
(g) The bonds are not a corporate obligation or an indebtedness ofthe municipality and are payable only out of money actually paid andcollected under this chapter (or under IC 36-9-20 before its repeal in1993). The bonds must state this fact on the bonds' face.
As added by P.L.98-1993, SEC.9. Amended by P.L.62-2001, SEC.10.
IC 36-9-38-31
Fees for use of improvement; changes; hearing upon petition incases of certain changes
Sec. 31. (a) At or before the completion of the assessment roll, themunicipal works board may do either of the following:
(1) Adopt a schedule of fees for the use of an improvement.
(2) Determine that the use of the improvement will be free. (b) Fees established under subsection (a) may be reduced,eliminated, increased, or added to by the works board without ahearing, but only to reflect increased or decreased costs of operationand maintenance.
(c) Any other changes in the fees established shall be made onlyafter a hearing for that purpose is petitioned for by the owners ofproperty originally assessed for at least ten percent (10%) of the costof the improvement.
(d) If a petition is filed with the works board under subsection (c),notice of a hearing shall be given to all owners of property in theimprovement district. The notice may be mailed to the owners at theowners' names and addresses appearing in the records of the officialcharged with the duty of collecting the assessments. The notice must:
(1) state the date, time, place, and purpose of the hearing; and
(2) be addressed and mailed at least ten (10) days before thedate of the hearing.
(e) The works board may not alter the fees at the hearing if theowners of property originally assessed for more than fifty percent(50%) of the total assessments object to the proposed change.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-32
Fees for use of improvement; excess revenues; payment of bonds
Sec. 32. If the fees established under section 31 of this chapterproduce net revenue in excess of reasonable costs of operation andmaintenance, the excess revenue shall be used to pay part of theprincipal and interest on the bonds issued as the bonds mature. Tothe extent that principal and interest is paid from the excess revenue,the assessments shall be reduced and canceled on a pro rata basis.
As added by P.L.98-1993, SEC.9.
IC 36-9-38-33
Fees for use of improvement; amount limitation followingretirement of bonds
Sec. 33. After the bonds are retired, the fees established undersection 31 of this chapter may not be greater than is necessary to payfor the reasonable costs of operation and maintenance of theimprovement.
As added by P.L.98-1993, SEC.9.