Indiana § 36-9-39-30 - Sewage works through cemeteries; purchase or condemnation of rights-of-way; assessments prohibited; removal of bodies; record

§ 36-9-39-30. Sewage works through cemeteries; purchase or condemnation of rights-of-way; assessments prohibited; removal of bodies; record

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 for the extension.

(b) A lot or parcel of land held or used for cemetery purposes may not be assessed for the construction of the sewage works. The cost of the sewage works that would otherwise be assessable against the lot or parcel of land shall be assessed against and paid by the municipality.

(c) If the municipality acquires a right-of-way under this section by condemnation, an owner of property or valuable interests sought to be taken or to be injuriously affected who is unknown may be designated as unknown upon the list required by the statute governing municipal condemnation proceedings and in all subsequent steps in the proceedings, including notice by publication.

(d) If a body remains buried within the limits of a right-of-way acquired under this section, the friends or relatives of the decedent shall promptly remove the body. If the friends or relatives fail to remove the body, the works board shall have the body removed and decently buried in a public cemetery before proceeding with construction in the right-of-way. The works board shall do the following:

(1) Plainly mark in an appropriate manner the place of burial and the names of the persons buried, if known.

(2) Enter the place of burial in the records of the works board.

As added by P.L.98-1993, SEC.10.

IC 36-9-39.1Chapter 39.1. Alternative Assessment Financing for Municipal Sewage Works

36-9-39.1-1Application of chapter 36-9-39.1-2"Board" 36-9-39.1-3"Fund" 36-9-39.1-4Adoption of resolution 36-9-39.1-5Ordinance establishing fund 36-9-39.1-6Transfer of money to fund 36-9-39.1-7Appropriation of money for sewage works 36-9-39.1-8Contracts for sewage works

IC 36-9-39.1-1Application of chapter Sec. 1. This chapter applies to all municipalities.

As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-2"Board" Sec. 2. As used in this chapter, "board" means the following:

(1) A board described in IC 36-9-23-5.

(2) A board described in IC 36-9-25-2.

As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-3"Fund" Sec. 3. As used in this chapter, "fund" refers to a sewer improvement and extension fund established under section 5 of this chapter.

As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-4Adoption of resolution Sec. 4. If a board wants to construct, repair, extend, or improve a sewage works, the board may adopt a resolution providing that the construction, repair, extension, or improvement will be financed under this chapter.

As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-5Ordinance establishing fund Sec. 5. (a) A municipality may adopt an ordinance establishing a sewer improvement and extension fund to finance the construction, repair, extension, or improvement of a sewage works.

(b) A fund consists of the following:

(1) A special assessment imposed and collected under section 7 of this chapter. However, a special assessment imposed and collected under any other statute may not be deposited in the fund.

(2) An appropriation to the fund, including an appropriation made from taxes levied by a municipal legislative body for the construction, repair, extension, or improvement of a sewage works.

As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-6Transfer of money to fund Sec. 6. (a) The legislative body of a municipality that establishes a fund may appropriate money from the municipal general fund and transfer the money to the fund.

(b) During the fiscal year in which a municipality establishes a fund, the legislative body of the municipality may make an emergency appropriation from the municipal general fund and transfer the money to the fund.

As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-7Appropriation of money for sewage works Sec. 7. (a) A board may adopt an ordinance or a resolution to appropriate money from funds under the board's control to pay for all or part of the cost of the construction, repair, extension, or improvement of a sewage works.

(b) Any costs not paid under subsection (a) must be paid by:

(1) an assessment imposed under subsection (c) against the benefited properties; or

(2) a contract under IC 36-9-22.

Any interest or penalties attributable to an assessment under this section must be deposited in the fund.

(c) The board may adopt a resolution to impose an assessment to finance the construction, repair, extension, or improvement of a sewage works. The assessment must be imposed and collected as provided by the street and sewer improvement statutes.

As added by P.L.169-2006, SEC.82.

IC 36-9-39.1-8Contracts for sewage works Sec. 8. (a) A contract for the construction, repair, extension, or improvement of a sewage works is subject to the statutes authorizing municipalities to make and finance public improvements.

(b) Upon awarding a contract for the construction, repair, extension, or improvement of a sewage works under this chapter, a board shall:

(1) carefully compute the entire cost of the construction, repair, extension, or improvement, including payments to the contractor and all incidental costs, expenses, and damages paid and incurred according to law; and

(2) prepare and make out an assessment roll listing the assessments against the properties benefited.

In determining and fixing the amount of assessments, the giving of notice of assessments, the holding of public hearings, and the making of final determinations, subject to the right of appeal from those determinations, the board is governed by the street and sewer improvement statutes.

(c) An assessment under this chapter is a lien against the benefited property from the time of the letting of the contract and shall be collected in the manner provided for collection of Barrett Law assessments.

(d) The board shall fix a period of not more than twenty (20) years within which the assessments shall be paid.

(e) A property owner liable for an assessment may execute a waiver in the manner provided by the street and sewer improvement statutes to pay the assessment in annual installments over a period fixed by the board.

(f) All payments under this chapter are deposited into the fund.

As added by P.L.169-2006, SEC.82.

IC 36-9-40Chapter 40. County Funding of Sewage Disposal Systems

36-9-40-1Application of chapter 36-9-40-2Definitions 36-9-40-3Installation 36-9-40-4Construction of system on private land 36-9-40-5Estimate of cost of system 36-9-40-6Incidental, inspection, and engineering costs as part of cost of construction 36-9-40-7Notice of hearing 36-9-40-8Filing of cost estimate by county engineer; limitation on entry into contract 36-9-40-9Works board conduct of hearing; limitation on further action 36-9-40-10Special assessment levy; limitation on amount 36-9-40-11Works board action on preliminary resolution; effect of modified or confirmed resolution 36-9-40-12Works board advertisement for bids and performance of work 36-9-40-13Construction contract for entire system; challenge to contract 36-9-40-14Contractor guarantee of workmanship and materials 36-9-40-15County and contractor responsibilities for system repairs 36-9-40-16Acceptance of system by works board 36-9-40-17Assessment of property on which system is constructed; effect of mistake in name of owner 36-9-40-18Presumptions with respect to assessment; assessment notice to property owner 36-9-40-19Works board hearing and decision on objection to assessment 36-9-40-20Delivery of assessment to county assessor 36-9-40-21Delivery of completed assessment to county auditor; assessment to show amount due 36-9-40-22County auditor notice of assessment to affected person; installment payments 36-9-40-23Assessment due date; interest on delinquent assessment 36-9-40-24County auditor receipt and accounting for assessment payments; use of proceeds; special fund 36-9-40-25Assessment installment payments due upon delinquency; collection of delinquent installments 36-9-40-26Supplementary proceedings to correct defect or irregularity in contract