(a) The provisions of this chapter concerning:(1) assessments;(2) the nature of the resulting lien;(3) collection; and(4) issuing bonds and coupons in anticipation of the collection of the assessment;are mutually exclusive from other sections of this article that relate to the same subject matter.(b) The construction and incidental engineering and legal fees of that part of works of improvement contained in the district plan shall be paid for and financed according to this chapter and other statutes incorporated into this chapter and not according to other provisions of this article only if all the following conditions are met:(1) The board determines and states as a part of the district plan that certain parts of the works of improvement will be of benefit solely to abutting or proximate properties and not of benefit to all the property in the district.(2) Notice of the determination is given as is provided in this chapter.(3) The court makes an affirmative finding to this effect at the hearing on the district plan.(c) If the conditions described in subsection (b) are not met, the costs and financing of the construction of the works of improvement shall be done according fect at the hearing on the district plan.(c) If the conditions described in subsection (b) are not met, the costs and financing of the construction of the works of improvement shall be done according to other provisions of this article.[Pre-1995 Recodification Citation: 13-3-3-86(e).]As added by P.L.1-1995, SEC.26.
Indiana Legal Code