IC 36-9-39.1
    Chapter 39.1. Alternative Assessment Financing for MunicipalSewage Works

IC 36-9-39.1-1
Application of chapter
    Sec. 1. This chapter applies to all municipalities.
As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-2
"Board"
    Sec. 2. As used in this chapter, "board" means the following:
        (1) A board described in IC 36-9-23-5.
        (2) A board described in IC 36-9-25-2.
As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-3
"Fund"
    Sec. 3. As used in this chapter, "fund" refers to a sewerimprovement and extension fund established under section 5 of thischapter.
As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-4
Adoption of resolution
    Sec. 4. If a board wants to construct, repair, extend, or improve asewage works, the board may adopt a resolution providing that theconstruction, repair, extension, or improvement will be financedunder this chapter.
As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-5
Ordinance establishing fund
    Sec. 5. (a) A municipality may adopt an ordinance establishing asewer improvement and extension fund to finance the construction,repair, extension, or improvement of a sewage works.
    (b) A fund consists of the following:
        (1) A special assessment imposed and collected under section7 of this chapter. However, a special assessment imposed andcollected under any other statute may not be deposited in thefund.
        (2) An appropriation to the fund, including an appropriationmade from taxes levied by a municipal legislative body for theconstruction, repair, extension, or improvement of a sewageworks.
As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-6
Transfer of money to fund
    Sec. 6. (a) The legislative body of a municipality that establishes

a fund may appropriate money from the municipal general fund andtransfer the money to the fund.
    (b) During the fiscal year in which a municipality establishes afund, the legislative body of the municipality may make anemergency appropriation from the municipal general fund andtransfer the money to the fund.
As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-7
Appropriation of money for sewage works
    Sec. 7. (a) A board may adopt an ordinance or a resolution toappropriate money from funds under the board's control to pay for allor part of the cost of the construction, repair, extension, orimprovement of a sewage works.
    (b) Any costs not paid under subsection (a) must be paid by:
        (1) an assessment imposed under subsection (c) against thebenefited properties; or
        (2) a contract under IC 36-9-22.
Any interest or penalties attributable to an assessment under thissection must be deposited in the fund.
    (c) The board may adopt a resolution to impose an assessment tofinance the construction, repair, extension, or improvement of asewage works. The assessment must be imposed and collected asprovided by the street and sewer improvement statutes.
As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-8
Contracts for sewage works
    Sec. 8. (a) A contract for the construction, repair, extension, orimprovement of a sewage works is subject to the statutes authorizingmunicipalities to make and finance public improvements.
    (b) Upon awarding a contract for the construction, repair,extension, or improvement of a sewage works under this chapter, aboard shall:
        (1) carefully compute the entire cost of the construction, repair,extension, or improvement, including payments to thecontractor and all incidental costs, expenses, and damages paidand incurred according to law; and
        (2) prepare and make out an assessment roll listing theassessments against the properties benefited.
In determining and fixing the amount of assessments, the giving ofnotice of assessments, the holding of public hearings, and the makingof final determinations, subject to the right of appeal from thosedeterminations, the board is governed by the street and sewerimprovement statutes.
    (c) An assessment under this chapter is a lien against the benefitedproperty from the time of the letting of the contract and shall becollected in the manner provided for collection of Barrett Lawassessments.
    (d) The board shall fix a period of not more than twenty (20) years

within which the assessments shall be paid.
    (e) A property owner liable for an assessment may execute awaiver in the manner provided by the street and sewer improvementstatutes to pay the assessment in annual installments over a periodfixed by the board.
    (f) All payments under this chapter are deposited into the fund.
As added by P.L.169-2006, SEC.82.