Title 36, LOCAL GOVERNMENT

Sec. 13. This chapter expires June 30, 2031. As added by P.L.58-2021, SEC.1.

Sec. 2. As used in this chapter, "development area" means the area consisting of the following counties: (1) Adams County. (2) Allen County. (3) DeKalb County. (4) Huntington County. (5) Kosciusko County. (6) LaGrange County. (7) Noble County. (8) Steuben County. (9) Wabash Count…

Sec. 3. The northeast Indiana strategic development commission is established for the development area described in section 2 of this chapter. The commission is a separate body corporate and politic, constituting an instrumentality of the state for the public purpose set out in t…

Sec. 3.5. (a) The northeast Indiana strategic development fund is established for the purpose of carrying out this chapter. The fund shall be administered by the commission. (b) The fund consists of the following: (1) Fees collected under this chapter. (2) Appropriations. (3) Gif…

Sec. 4. The commission is established to develop and implement plans and policies intended to achieve the following purposes in the development area: (1) Increase the per capita personal income relative to the national average. (2) Increase the population in the development area.…

Sec. 5. (a) The commission consists of the following thirteen (13) members: (1) Eleven (11) members who serve two (2) year terms as follows: (A) Three (3) members appointed by the governor. The members appointed under this clause may not all be from the same political party. (B) …

Sec. 6. (a) Upon the expiration of the term of an appointed member of the commission, the member's successor shall be appointed for a four (4) year term. (b) A member may be reappointed. As added by P.L.58-2021, SEC.1.

Sec. 7. If a vacancy occurs among the appointed membership of the commission, the vacancy shall be filled for the unexpired term in the same manner and under the same conditions as the original appointment. As added by P.L.58-2021, SEC.1.

Sec. 8. (a) Each year the commission shall elect the following from among the members of the commission: (1) A chairperson. (2) A vice chairperson. (3) A treasurer. (b) An individual elected as a chairperson or a vice chairperson: (1) serves a term of one (1) year beginning July …

Sec. 9. (a) The commission: (1) shall fix the time for regular meetings; and (2) may hold special meetings at the call of the chairperson with seven (7) days written notice. (b) A member may waive written notice of a specific meeting by filing a written notice with the commission…

Sec. 1. This chapter applies to all municipalities. As added by P.L.98-1993, SEC.10.

Sec. 1.3. As used in this chapter, "construction" includes repair, remodeling, renovation, or betterment, but only in instances when: (1) a municipality acquires a sewage works that is in need of repair, remodeling, renovation, or betterment; and (2) before the acquisition of the…

Sec. 10. (a) On or before the day the notice is first published under section 9 of this chapter, the engineer shall file with the municipal works board the engineer's estimate of the total cost of the sewage works. A contract that exceeds this estimate may not be let under the re…

Sec. 11. (a) If after a hearing under section 10 of this chapter the municipal works board finds that: (1) the district to be drained is properly bounded; and (2) the special benefits to the property within the district and to the municipality will be equal to the estimated cost …

Sec. 12. (a) If after a hearing under section 10 of this chapter the municipal works board finds that the district described in the resolution and notice should be enlarged by adding to the district other lots and lands that, at the hearing, were shown to be benefited by the sewa…

Sec. 13. (a) The municipal legislative body may by ordinance appropriate money from the general fund or from the sanitary district funds of the municipality to pay all or part of the cost of constructing sewage works under this chapter. (b) Any costs not paid by appropriation sha…

Sec. 14. Construction of sewage works from a municipal general fund must comply with the statutes concerning public bond issues, construction, appropriations, and tax levies. As added by P.L.98-1993, SEC.10.

Sec. 15. (a) The requirements listed in subsection (b) apply only if the municipal works board finds that the sewage works to be constructed: (1) are intended and adapted only for local use by property owners along the line of the street, alley, or other public place on which the…

Sec. 16. (a) The primary assessment for each lot abutting on and served by the sewage works shall be determined by dividing the estimated total cost of the sewage works by the total number of lots. (b) The total number of lots shall be computed as follows: (1) If all or any part …

Sec. 17. (a) If a platted lot or parcel of land: (1) abuts on: (A) at least two (2) streets or alleys; or (B) one (1) street and one (1) alley; and (2) has already been assessed for sewage works constructed for local use in any street or alley; the works board shall take the prev…

Sec. 18. (a) The municipal works board shall make a division of the costs of the sewage works under subsection (b) if the municipal works board finds that a sewage works to be constructed or an enlargement of sewage works already constructed, is intended and adapted for the follo…

Sec. 19. All primary or preliminary assessments made under section 18 of this chapter are subject to review and revision by the works board after a hearing under section 23 of this chapter. As added by P.L.98-1993, SEC.10.

Sec. 2. If a municipality has a utility service board that operates at least one (1) municipally owned utility, the municipal legislative body may by ordinance transfer the powers and duties of the municipal works board under this chapter to the utility service board. As added by…

Sec. 20. An assessment made under sections 15 through 19 of this chapter must include any amount determined under IC 36-9-22-5. As added by P.L.98-1993, SEC.10.

Sec. 21. (a) After the contract for the construction of sewage works has been completed, the municipal works board shall make out an assessment roll for the property that is primarily assessed for the sewage works. (b) The assessment roll prepared under subsection (a) must includ…

Sec. 22. (a) The primary or preliminary assessments indicated on the assessment roll are considered the special benefits accruing to the land assessed and are final and absolute unless changed under sections 23 and 24 of this chapter. (b) Immediately after the assessment roll is …

Sec. 23. (a) At the hearing fixed under section 22 of this chapter, owners of assessed property may appear before the municipal works board and file remonstrances against the assessments. The works board may continue proceedings from day to day, as necessary to hear the evidence …

Sec. 24. The works board shall do the following: (1) Complete the assessment roll and make a decision by modifying or confirming the assessment roll. (2) Show the amount of special benefits opposite each name and description. The works board shall show the amount of special benef…

Sec. 25. (a) Except as provided in subsection (b), the decision of the works board concerning all benefits is final and conclusive on all parties. (b) An owner of an assessed lot or parcel of land who has filed a written remonstrance with the board may appeal in the manner prescr…

Sec. 26. When the assessment roll has been delivered to the municipal fiscal officer, the municipal fiscal officer shall discharge the same duties in respect to the assessments as are prescribed by the statutes concerning street, alley, and other improvement assessments in the mu…

Sec. 27. (a) The municipal works board shall pay assessments made against the municipality under section 23(d) of this chapter from money appropriated to the use of the municipal works board for that purpose. The payment shall be made upon the completion and acceptance of the sew…

Sec. 28. (a) The statutes described in subsection (b) apply to the enforcement of assessments made and bonds issued for the construction of sewage works or levees for the following: (1) The drainage of a parcel, lot, or tract of land. (2) A change in a stream or watercourse. (b) …

Sec. 29. (a) A contractor for construction under this chapter is entitled to monthly estimates of the work done during each month. The estimates shall be made by the engineer and approved by the municipal works board. (b) The works board shall issue to the contractor certificates…

Sec. 3. (a) The municipal works board shall adopt a resolution containing the information required under subsection (b) if: (1) the municipal works board orders the construction of any sewage works in the municipality; and (2) the cost of that construction is to be assessed again…

Sec. 30. (a) Except as provided in subsection (b), if the municipal works board finds it necessary to extend any sewage works through or adjacent to a lot or parcel of land held or used for cemetery purposes, the municipality may purchase or condemn all rights-of-way necessary fo…

Sec. 4. (a) Notice of the resolution required under section 3 of this chapter shall be published in accordance with IC 5-3-1. The notice must state the date, time, and place of a hearing at which the municipal works board will hear all interested persons, including persons whose …

Sec. 5. (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 wor…

Sec. 6. (a) After the hearing under section 5 of this chapter, the original resolution may be rescinded, confirmed, or modified. (b) If the resolution is confirmed or modified, the municipal works board shall do the following: (1) Proceed under section 7 of this chapter if the re…

Sec. 7. If the proposed sewage works are intended only for use by owners of abutting property, the municipal works board shall in accordance with IC 5-3-1 publish a notice that does the following: (1) Informs the public and contractors of the following: (A) The general nature of …

Sec. 8. (a) The municipal works board shall prepare the information described in subsection (b) if, from the size and character of the proposed sewage works, the proposed sewage works are intended and adapted as follows: (1) For use by owners of abutting property along the line o…

Sec. 9. (a) After the material prepared under section 8 of this chapter is filed, the municipal works board shall do the following: (1) Adopt a resolution ordering the construction of the sewage works. (2) Publish a notice of the adoption of the resolution, in accordance with IC …