Title 36, LOCAL GOVERNMENT

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 (a) After the hearing under section 5 of this chapter, the original resolution may be rescinded, confirmed, or modified.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 …

Sec. 1. This chapter applies to a first class city. As added by P.L.201-2023, SEC.279.

Sec. 10. If the ordinance that established an economic enhancement district is repealed, the assets and liabilities of the economic enhancement district shall be disposed of in the manner determined by the city. However, liabilities incurred by the economic enhancement district a…

Sec. 11. The board shall submit an annual report to the city fiscal body not later than June 30 of each year. The report must summarize the board's activities and expenditures during the preceding calendar year. As added by P.L.201-2023, SEC.279.

Sec. 12. Subject to section 13 of this chapter, after approval of the city fiscal body, the board may issue revenue bonds, whose term may not exceed the expiration date of the economic enhancement district ordinance under section 4 of this chapter, payable from special benefits a…

Sec. 13. If the board fails to comply with a requirement under this chapter, the board may not issue revenue bonds and a special assessment may not be assessed within the economic enhancement district. As added by P.L.201-2023, SEC.279.

Sec. 14. If the legislative body of a city has adopted an ordinance to establish an economic enhancement district under this chapter before March 15, 2024 (the effective date of P.L.169-2024), that ordinance shall be void, but may be revised and reenacted by the legislative body …

Sec. 2. As used in this chapter, "board" refers to an economic enhancement district board established under section 5 of this chapter. As added by P.L.201-2023, SEC.279.

Sec. 3. As used in this chapter, "economic enhancement project" means the following: (1) Providing security for public areas, including installing and maintaining exterior cameras directly linked with the Indianapolis metropolitan police department central control. (2) Employing …

Sec. 3.5. (a) Before an economic enhancement district may be established under this chapter, the clerk of the city-county council shall, in the manner provided by IC 5-3-1, publish notice of a hearing on the proposed economic enhancement district. The clerk of the city-county cou…

Sec. 4. After conducting a hearing under section 3.5 of this chapter, the legislative body of a city may adopt an ordinance on or before December 31, 2024, establishing a special assessment district known as the economic enhancement district. The adopting ordinance must contain t…

Sec. 5. (a) An ordinance adopted under section 4 of this chapter must establish an economic enhancement board consisting of nine (9) members to be appointed as follows: (1) Two (2) members appointed by the legislative body of the city. (2) One (1) member appointed by the mayor of…

Sec. 6. (a) The board, after approval of the legislative body of the city and subject to section 13 of this chapter, may impose an annual special benefits assessment on all of the taxable real property of the economic enhancement district based on the relative benefits to be rece…

Sec. 6.5. A person who is: (1) engaged in the business of renting or furnishing, for periods of less than thirty (30) days, any lodgings: (A) in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which lodgings are regularly furnished for a consideration; a…

Sec. 7. (a) Not later than November 1 of each year, the board shall prepare and submit to the city fiscal body a budget for the following calendar year governing the board's projected expenditures from the economic enhancement district project fund. The city fiscal body may appro…

Sec. 8. The board shall comply with IC 36-1-12 when contracting for public works. As added by P.L.201-2023, SEC.279.

Sec. 9. The board may enter into lease or contractual agreements, or both, with governmental, not-for-profit, or other private entities for the purpose of carrying out economic enhancement projects. The term of any lease or contractual agreement may not exceed the expiration date…

Sec. 1. This chapter applies to counties. As added by P.L.7-2002, SEC.1.

Sec. 10. (a) The works board shall levy special assessments for the amount determined under section 9 of this chapter if: (1) the contract for construction of the system is executed; and (2) the system is constructed. (b) The special assessments levied under this section may not …

Sec. 11. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for construction of the system, the works board may do any of the following: (1) Confirm the preliminary resolution. (2) Modify the preliminary reso…

Sec. 12. If the works board finally orders construction of a system, the works board shall advertise for bids and perform the work under IC 36-1-12. As added by P.L.7-2002, SEC.1.

Sec. 13. (a) The contract for construction of a system must be for construction of the entire system. (b) After the execution of a contract for construction of a system, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. Th…

Sec. 14. (a) A contractor for construction of a system must guarantee the contractor's workmanship and all materials used in the work. (b) The guarantee required under subsection (a) must be in the following form: "The contractor warrants the contractor's workmanship and all mate…

Sec. 15. (a) If repairs to a system become necessary, the county must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the county may do the following: (1) Make th…

Sec. 16. A system that is completed according to contract must be accepted by the works board. As added by P.L.7-2002, SEC.1.

Sec. 17. (a) As soon as a contract for construction of a system has been completed, the works board shall have an assessment prepared for the property on which the system is constructed. The property on which the system is constructed is liable for assessment under this chapter. …

Sec. 18. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land: (1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land. (2) The assessment is the final and conclusive assessment unless the assessment:…

Sec. 19. (a) If an objection is filed before the time prescribed in section 18 of this chapter, the works board shall set a hearing. (b) After the hearing, the works board shall sustain or modify the assessment by confirming, increasing, or reducing the presumptive assessment. Th…

Sec. 2. For purposes of this chapter: (1) "Sewage disposal system" has the meaning set forth in IC 13-11-2-201. (2) "System" refers to a sewage disposal system. (3) "Works board" refers to the works board of a county. As added by P.L.7-2002, SEC.1.

Sec. 20. When the assessment is completed, the works board shall deliver the assessment to the county assessor. As added by P.L.7-2002, SEC.1.

Sec. 21. (a) The works board shall deliver a certified copy of the completed assessment to the county auditor after the works board: (1) approves and accepts the entire work under any contract; and (2) allows a final estimate. (b) The duplicate assessment, to be known as the prim…

Sec. 22. (a) Upon receipt of the primary assessment, the county auditor shall by mail notify the affected person of the amount of the assessment against the person's property. (b) The notice must state the following: (1) That the amount is due not later than thirty (30) days afte…

Sec. 23. (a) The entire assessment is payable in cash without interest not later than thirty (30) days after the approval of the assessment by the works board if an agreement has not been signed and filed under section 22 of this chapter. (b) If the assessment is not paid when du…

Sec. 24. (a) The county auditor shall do the following: (1) Receive the payment of assessment installments. (2) Keep all accounts and give proper vouchers for the payment of assessment installments. (b) Proceeds arising from assessments for the payment of a particular system may …

Sec. 25. Failure to pay an installment of principal or interest when the installment is due makes all installments of principal yet unpaid due and payable immediately, unless the unpaid installment of principal or interest is paid within the grace period provided. The county shal…

Sec. 26. If a defect or an irregularity results in the invalidity of a contract, an assessment, or a lien under this chapter, the defect or irregularity shall be corrected by supplementary proceedings that substantially comply with this chapter. As added by P.L.7-2002, SEC.1.