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 following:

(1) Use by abutting property owners along the line of the works.

Terms Used In Indiana Code 36-9-39-18

  • construction: includes repair, remodeling, renovation, or betterment, but only in instances when:

    Indiana Code 36-9-39-1.3

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) Receiving sewage from collateral sewers that have been or may be constructed.

     (b) If the conditions of subsection (a) are satisfied, the works board shall make a division of the costs of the sewage works in the following manner:

(1) That part of the cost that is equivalent to the cost of construction of adequate local sewage works not adapted to receive sewage from collateral sewers shall be primarily assessed against the abutting property owners. The assessment shall be in the same manner and to the same extent as assessments are primarily made against property owners for local sewage works under sections 15 through 17 of this chapter.

(2) The excess of cost above the cost described in subdivision (1) shall be primarily assessed against each lot or parcel of land in the district to be drained. The assessment shall be in the proportion that the area of each lot or parcel bears to the total area of the district, including abutting property owners and the owners not situated on the line of the works.

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