36-9-28-1. Application of Chapter
Sec. 1. This chapter applies to all municipalities other than a consolidated city. [Pre-Local Government Recodification Citation: 19-4-20-1 part.] As added by Acts 1981, P.L.309, SEC.104.
36-9-28-10. Completion and Acceptance of Project; Certification; Benefits Assessed
Sec. 10. (a) When the municipal works board finally accepts a project under this chapter, it shall certify the completion and acceptance of the project to the court. The court shall then direct the clerk of the court to make out two (2) copies of a list showing: (1) the owners of the property affected […]
36-9-28-11. Board of Directors; Duties; Petition for Appointment; Notice of Hearing; Appearance; Judgment
Sec. 11. (a) After a project is completed and approved under this chapter, the care, management, control, repair, and maintenance of the project may be placed under the jurisdiction of a board of directors appointed under this section. (b) A petition requesting the appointment of a board of directors for the project may be filed […]
36-9-28-12. Board of Directors; Qualifications; Terms; Vacancy
Sec. 12. (a) A board of directors appointed under this chapter consists of three (3) directors, who must own land assessed for the construction of the project. One (1) of the directors must be a resident of the municipality affected by the improvement, and two (2) of the directors must be residents of an unincorporated […]
36-9-28-13. Board of Directors; Compensation
Sec. 13. Each member of a board of directors appointed under this chapter is entitled to compensation, at a rate fixed by the circuit court but not to exceed thirty-five dollars ($35) per day, for the member’s services under this chapter. The compensation of the board shall be paid from the assessments made under section […]
36-9-28-14. Board of Directors; Employment of Assistants; Compensation
Sec. 14. A board of directors appointed under this chapter may employ the assistants necessary to perform its duties under this chapter. The compensation of the assistants shall be paid from the assessments made under section 16 of this chapter. [Pre-Local Government Recodification Citation: 19-4-20-22 part.] As added by Acts, 1981, P.L.309, SEC.104.
36-9-28-15. Board of Directors; Necessary Repairs; Record of Proceedings and of Costs and Expenses of Repairs
Sec. 15. (a) A board of directors appointed under this chapter shall make all repairs necessary to keep the project in its original condition. If, in making the repairs, it is necessary to change the line and location of a ditch at any point, the board may do so, but the board may not change […]
36-9-28-16. Assessments; Considerations; Quotient; Negligence of Owner or Occupant of Land; Assessment Date; Certification of Assessment; Lien
Sec. 16. (a) The money necessary to pay costs incurred by a board of directors in the management and maintenance of a project, including money to be reimbursed to a county under section 15 of this chapter, shall be derived from assessments made under this section. (b) The board of directors shall determine: (1) the […]
36-9-28-17. Bonds; Issuance When Cost of Maintaining Project Exceeds Amount That Can Be Raised
Sec. 17. If a board of directors finds that the cost of maintaining a project exceeds the amount that can be raised in any year, the board may issue bonds in the manner in which bonds are issued for construction of levees. However, the bonds and the interest on the bonds shall be paid by […]
36-9-28-18. Standing Water; Removal; Costs
Sec. 18. The board of directors in charge of a project may pump out or remove from lands drained by a ditch any standing water that has no means of outlet. The board may purchase pumps or adopt other suitable means for the removal of the water, and the costs necessarily incurred on account of […]
36-9-28-2. Order to Construct or Improve; Issuance; Drawings and Specifications for Project
Sec. 2. A municipal works board acting under this chapter may issue an order to construct or improve a levee, change or improve a natural or artificial watercourse, drain a section of land, or construct a sewer or drain, if: (1) the proposed project is designed to benefit land inside and outside the corporate boundaries […]
36-9-28-3. Order to Construct or Improve; Considerations; Filing of Record of Proceedings
Sec. 3. (a) In making an order for a project under this chapter, the municipal works board shall consider whether the project will beneficially or injuriously affect any property outside the corporate boundaries of the municipality. (b) If the works board finds that the proposed project will injuriously or beneficially affect property outside the corporate […]
36-9-28-4. Notice of Hearing; Answer; Judgment
Sec. 4. (a) After the record is filed under section 3 of this chapter, the clerk of the circuit court shall give notice to all persons who are mentioned in the record or who will be affected by the proposed project. The notice must: (1) be published in accordance with IC 5-3-1; (2) name a […]
36-9-28-5. Control and Supervision of Work; Letting of Contract; Reporting; Filing
Sec. 5. If, under section 4 of this chapter, the court finds that the municipal works board should proceed with a proposed project, the works board shall control and supervise work for the project. The works board shall: (1) advertise for bids for the work; and (2) let a contract or contracts for the work, […]
36-9-28-6. Board of Assessors; Duties; Appeals From Assessments; Hearings; Roll of Property Owners; Corrections; Actions to Contest; Costs
Sec. 6. (a) After the letting of a contract or contracts under section 5 of this chapter, the court shall appoint three (3) competent, disinterested residents of the county to serve as the board of assessors for the project. The assessors shall take an oath to honestly and faithfully perform their duties as assessors. (b) […]
36-9-28-7. Application of Other Assessment Statutes
Sec. 7. Except as otherwise provided by this chapter, the statutes concerning street and sewer improvement assessments apply to assessments made under this chapter. [Pre-Local Government Recodification Citation: 19-4-20-9 part.] As added by Acts 1981, P.L.309, SEC.104.
36-9-28-8. Acquisition of Real or Personal Property Required for Project; Condemnation; Purchase
Sec. 8. If any real or personal property inside or outside the municipality is required for a project under this chapter: (1) it may be condemned and paid for in the manner provided by law; or (2) the municipal works board may purchase and take a conveyance for it for the use and benefit of […]
36-9-28-9. Bonds; Issuance; Payments; Financing Agreement; Public Sale
Sec. 9. (a) If the financing for a project under this chapter is to be provided by the federal government, one (1) or more bonds may be issued at any time after the filing of the assessment roll with the court under section 6 of this chapter. (b) Bonds issued under this section are payable […]