Title 36, LOCAL GOVERNMENT

Sec. 25. A person appointed as an appraiser under this chapter must 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.

Sec. 26. (a) Promptly after completion of all of the following, the municipal works board shall mail a notice, first class postage prepaid, to each owner of real property to be assessed: (1) The filing of an adequate assessment. (2) The determination of the cost of the improvemen…

Sec. 27. (a) At the hearing fixed under section 26 of this chapter, the municipal works board shall hear all owners of assessed real property who have filed written remonstrances before the date of the hearing. The hearing may be continued from time to time without further notice…

Sec. 28. Each assessment levied under this chapter (or under IC 36-9-20 before its repeal in 1993) is a lien on the real property assessed. This lien is second in priority only to taxes levied on the property. As added by P.L.98-1993, SEC.9.

Sec. 29. (a) At the time the municipal works board determines the amount of the assessments, the municipal works board shall also determine the following: (1) The manner in which the municipality shall pay the municipality's assessment, if any. (2) The number of monthly or annual…

Sec. 3. An improvement constructed under this chapter shall be owned, maintained, and operated by the municipality under the direction of the municipal works board. As added by P.L.98-1993, SEC.9.

Sec. 30. (a) For the purposes of anticipating the collection of assessments under this chapter, the municipality shall issue bonds payable out of the assessments. However, a consolidated city is not required to issue bonds under this section. (b) The terms of the bonds may allow …

Sec. 31. (a) At or before the completion of the assessment roll, the municipal 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…

Sec. 32. If the fees established under section 31 of this chapter produce net revenue in excess of reasonable costs of operation and maintenance, the excess revenue shall be used to pay part of the principal and interest on the bonds issued as the bonds mature. To the extent that…

Sec. 33. After the bonds are retired, the fees established under section 31 of this chapter may not be greater than is necessary to pay for the reasonable costs of operation and maintenance of the improvement. As added by P.L.98-1993, SEC.9.

Sec. 4. The statutes relating to planning and zoning, building codes, and restrictions on the use of property apply to an improvement under this chapter. As added by P.L.98-1993, SEC.9.

Sec. 5. To the extent they are not in conflict with this chapter, all the provisions of IC 36-9-36 and IC 36-9-37 apply to proceedings under this chapter. As added by P.L.98-1993, SEC.9.

Sec. 6. For purposes of this chapter, the following persons have the same rights and powers as the owner of the fee simple title to a parcel of real property: (1) The legal or authorized representative of the owner. (2) A person obligated under a written instrument to pay an asse…

Sec. 7. (a) A petition for the establishment of an improvement district under this chapter may be filed with the works board of a municipality by any of the following: (1) An association established under section 8 of this chapter. (2) The owners of at least twenty-five percent (…

Sec. 8. At least fifteen (15) persons may establish an association for purposes of this chapter if the persons are the owners of the following: (1) At least fifteen (15) separate parcels of real property. (2) At least twenty percent (20%) of the surface area of the real property …

Sec. 9. (a) The persons establishing an association under section 8 of this chapter must sign and acknowledge written articles of association specifying the following: (1) The name of the association. (2) The purposes of the association, which must be limited to the purposes of t…

Sec. 1. As used in this chapter, "commission" means the northeast Indiana strategic development commission established by section 3 of this chapter. As added by P.L.58-2021, SEC.1.

Sec. 10. A member of the commission who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1. The member is also not entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's …

Sec. 11. (a) The commission shall: (1) accept grants, loans, and other forms of financial assistance from any source and disburse them for the purposes of the commission; and (2) provide recommendations in matters related to the commission's purposes to political subdivisions in …

Sec. 12. Before November 1 of each year, the commission shall make a report of the commission's activities to the following: (1) The legislative body of each county located in the development area. (2) The legislative body of each municipality located in the development area. (3)…

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 …