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Indiana Code Title 36. Local Government § 36-9-38-15

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 15. (a) At the hearing fixed under section 13 of this chapter, the municipal works board shall hear all owners of real property in the proposed improvement district who appear and request to be heard upon the following questions:

(1) The sufficiency of the petition and notice.

(2) Whether the proposed improvement is of public utility and benefit.

(3) Whether all of the probable benefits of the proposed improvement, including the benefits to the municipality generally, will equal or exceed the estimated cost of the improvement.

(4) Whether the improvement district contains all, more than all, or less than all of the property specially benefited or damaged by the proposed improvement.

(b) The hearing under subsection (a) may be adjourned periodically without further notice.  After the completion of the hearing, the works board shall adopt a resolution determining whether 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 and benefit.

(4) All of the probable benefits of the proposed improvement will equal or exceed the estimated cost of the proposed improvement.

(5) The proposed improvement district contains all, more than all, or less than all of the property specially benefited or damaged by the proposed improvement.

(c) The works board shall establish the improvement district with the boundaries described in the petition if the works board does the following:

(1) Answers the questions in subsection (b)(1) through (b)(4) affirmatively.

(2) Determines that the proposed improvement district contains all of the property specially benefited or damaged.

(d) If the works board answers any of the first four (4) questions negatively, the works board may:

(1) allow amendments and the issuance of additional notice and may hold further proceedings;  or

(2) dismiss the petition without prejudice to the right to file a new petition.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-9-38-15 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-9-38-15/

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