Sec. 5. (a) This section applies when:

(1) any part of the cost of a sewer, whether local or general, storm, sanitary, combination, or otherwise, is to be assessed against the owners of real property;

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Terms Used In Indiana Code 36-9-22-5

  • Contract: A legal written agreement that becomes binding when signed.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) the proposed sewer is to be connected into sewage works constructed under this chapter; and

(3) the owners did not contribute to the cost of those sewage works.

     (b) There shall be included in:

(1) the engineer’s estimate submitted to the municipal works board before the hearing on the proposed sewer; and

(2) the assessments;

a sum equal to the amount provided in or computed from the contract as the fair pro rata share due from the owners upon and for the contracted sewage works, including any interest owed. The sum included in the engineer’s estimate must be separately itemized.

     (c) If an owner elects to pay the owner’s assessment by installments in anticipation of which bonds and coupons are issued, the amount of the bonds and coupons must include the fair pro rata share of the cost of the contracted sewage works. However, an owner may elect to pay the fair pro rata share in cash within sixty (60) days after the assessment is final and to pay the remainder of the assessment in installments.

[Pre-Local Government Recodification Citation: 19-2-7-19 part.]

As added by Acts 1981, P.L.309, SEC.95. Amended by P.L.127-2017, SEC.312.