36-9-36-1. Application of Chapter
Sec. 1. This chapter applies to all units except townships. As added by P.L.98-1993, SEC.7.
36-9-36-10. Hearing on Preliminary Resolution; Determination of Special Benefits Accruing to Property
Sec. 10. (a) At the hearing specified in the notice under section 8 of this chapter, the works board shall do the following: (1) Hear interested persons. (2) Decide whether the benefits that will accrue to the property liable to be assessed for the improvement will equal the maximum estimated cost of the improvement. (b) […]
36-9-36-11. Levy of Special Assessments; Improvement Cost as Maximum Amount of Assessment; Improvement Cost Payable by Unit
Sec. 11. (a) The works board shall levy special assessments for the amount determined under section 10 of this chapter if: (1) the contract for the improvement is executed; and (2) the improvement is made. (b) The special assessments levied under this section may not exceed the cost of the improvement. (c) If the amount […]
36-9-36-12. Allowances Against Assessment and Contract Price
Sec. 12. (a) The works board shall make an allowance to the owner of any property if: (1) an improvement exists in front of the property before the improvement is ordered; and (2) the improvement conforms to the general plan. (b) An allowance under subsection (a) shall be made from the owner’s assessment and from […]
36-9-36-13. Confirmation, Modification, or Rescission of Preliminary Resolution
Sec. 13. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for the improvement, the works board may do any of the following: (1) Confirm the preliminary resolution. (2) Modify the preliminary resolution. (3) Rescind the preliminary resolution. (b) Except as provided in […]
36-9-36-14. Remonstrances and Appeals
Sec. 14. (a) A majority of the persons who own the property to be assessed for the improvement may remonstrate against the improvement or take an appeal. The remonstrance or appeal must be made not later than ten (10) days after the hearing under section 10 of this chapter. (b) If there is a remonstrance, […]
36-9-36-15. Objections to Final Resolution; Filing; Bond; Prior Assessments
Sec. 15. (a) If the works board finally orders an improvement, forty percent (40%) of the persons who own property abutting the improvement and who are subject to assessment may file written objections with the board. The written objections must: (1) state at least one (1) of the following: (A) The improvement is not needed […]
36-9-36-16. Court Hearing on Objections to Final Resolution
Sec. 16. (a) The court shall set a hearing as early as possible, but not later than twenty (20) days after the filing of the objections with the court. All interested parties shall appear in court without further notice. The unit may not hold further proceedings concerning the improvement until the matters presented by the […]
36-9-36-17. Construction or Repair of Sidewalks and Curbs; Notice to Abutting Property Owner of Order Requiring Construction or Repair
Sec. 17. (a) The works board may require the owners of abutting property to construct or repair the owners’ own sidewalks or curbs if the works board: (1) desires to improve or repair any sidewalks or curbs in the unit; and (2) adopts a final resolution to that effect. (b) The works board must give […]
36-9-36-18. Contracting by Works Board for Construction or Repair of Sidewalk or Curb
Sec. 18. (a) The works board may let a general contract for the making or repairing of all sidewalks or curbs of a specified material within the unit. The contract shall include an agreed price per square yard for the sidewalk construction. (b) If the contract is for work in a municipality, the contract may […]
36-9-36-19. Levy and Collection of Assessments for Construction or Repair of Sidewalk or Curb
Sec. 19. (a) Assessments for the construction or repair of sidewalks or curbs shall be levied and collected according to this chapter. (b) The entire cost of the sidewalk or curb improvements or repairs that the board undertakes by one (1) resolution shall be assessed and apportioned against each lot or parcel of property abutting […]
36-9-36-2. Authorized Improvements
Sec. 2. (a) The following improvements may be made under this chapter by a county: (1) Sanitary sewers and sanitary sewer tap-ins. (2) Sidewalks. (3) Curbs. (4) Streets. (5) Storm sewers. (6) Lighting. (7) Emergency warning systems. (8) Any other structures necessary or useful for the collection, treatment, purification, and sanitary disposal of the liquid […]
36-9-36-20. Improvements on Streets Occupied by Railroad Tracks; Procedure
Sec. 20. (a) This section does not apply to a county. (b) If the track of a railroad, an interurban, or an interurban street railroad occupies part of a street that is ordered improved under this chapter, the works board may, on petition of the railroad, provide in the plans and specifications for the improvement […]
36-9-36-21. Roadway Grading; Assessment
Sec. 21. (a) This section does not apply to a county. (b) The works board may grade the roadway of a street and assess the cost of the grading against the property specially benefited. (c) The works board may let the contract under the statutes regulating contractual authority of units. The unit shall levy and […]
36-9-36-22. Advertisement for Bids; Opening and Consideration of Bids
Sec. 22. (a) If the works board finally orders an improvement, the works board shall advertise for bids for the work as required by IC 36-1-12. (b) The advertisement must state the following: (1) That on the date named, the unit will receive bids for the improvement according to the resolution as modified or confirmed. […]
36-9-36-23. Bid Bond or Deposit
Sec. 23. (a) If the works board finally orders an improvement and has advertised for bids, the works board shall require each bidder to deposit with the bidder’s bid, at the bidder’s option, either a bid bond or a certified check to ensure the execution of the contract. (b) The bid bond or certified check […]
36-9-36-24. Contracts; Scope; Actions to Enjoin Performance
Sec. 24. (a) The contract for an improvement must be for the entire improvement. (b) After the execution of a contract for an improvement, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. This action must be brought: (1) before the actual commencement of work […]
36-9-36-25. Contractor’s Guarantee
Sec. 25. (a) A contractor for an improvement must guarantee the contractor’s workmanship and all materials used in the work. (b) The guarantee required under subsection (a) must be in the following form: “The contractor warrants the contractor’s workmanship and all materials used in the work and agrees that during the guarantee period specified the […]
36-9-36-26. Repairs by Contractor
Sec. 26. (a) If repairs become necessary, the unit must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the unit may do the following: (1) Make the repairs using the unit’s own employees or […]
36-9-36-27. Monthly Payments to Contractor
Sec. 27. (a) A contractor for an improvement is entitled to monthly estimates of the work done during each month. The estimates shall be made by the engineer of the unit and approved by the works board. (b) The works board shall issue to the contractor certificates for eighty-five percent (85%) of the amount due […]