Indiana § 36-9-36-67 - Surface improvements on public ways; performance by municipality; procedure

§ 36-9-36-67. Surface improvements on public ways; performance by municipality; procedure

Sec. 67. (a) This section applies only to municipalities.

(b) As an additional method of making surface improvements on public ways, the works board may do the following:

(1) Make the improvements with the municipality's materials and employees.

(2) Assess the cost of the improvements against the abutting property owners.

(c) An improvement under this section must be at least one (1) city block long.

(d) A works board acting under this section shall determine a feasible cost for labor and materials per square yard for nonpermanent and permanent types of street surfaces. The works board shall, on the works board's own motion or on the petition of an owner of property abutting on any residential street, then do the following:

(1) Name certain public ways, including those petitioned for, for which an improvement is proposed.

(2) Give notice of the proposed improvement, in person or by mail, to the owners of property abutting on and affected by the proposed improvement.

(3) Hold a public hearing at the time and place set out in the notice.

(e) Notice of the hearing shall be given by publication in accordance with IC 5-3-1. At the hearing, the works board shall do the following:

(1) Inform the abutting owners of each owner's individual cost for each type of surface improvement.

(2) Inform the owners that the board shall order the improvement if, within the time fixed at the hearing, the owners do the following:

(A) Determine by a majority vote the type of improvement the owners want.

(B) Tender the cost of the improvement to the municipality.

(f) After the hearing, the works board shall order the improvement unless:

(1) the works board finds that the improvements should not be made; or

(2) the abutting owners do not comply with the conditions listed in subsection (e)(2).

(g) A municipality acting under this chapter may establish a revolving fund and may appropriate an amount of not more than ten thousand dollars ($10,000) for the fund. Payments made by property owners under this section shall be paid into the fund, and the cost of material and labor for the improvements shall be paid out of the fund. The fund, which may be used only for the purposes of this section, does not revert to the municipality's general fund until the municipality ceases to act under this section.

As added by P.L.98-1993, SEC.7.

IC 36-9-37Chapter 37. Barrett Law Funding for Municipalities

36-9-37-1Application of chapter 36-9-37-2Repealed 36-9-37-3Municipalities owning and operating water utilities; water main extensions 36-9-37-4Prerequisites for enforcement and collection of special assessments 36-9-37-5Assumption by municipality of responsibility for payment of bonds 36-9-37-6Responsibility for payment of bonds; election to pay assessment in installments; collection 36-9-37-7Municipal fiscal officers; surety bonds; personal liability 36-9-37-8Payment of expenses 36-9-37-8.5Assessments; installment payments 36-9-37-9Certification of assessment roll; liens 36-9-37-10Liability of municipalities for assessments for public improvements 36-9-37-11Assessment installments; interest 36-9-37-12Payment of assessment in deferred installments; time for making payments 36-9-37-13Payment of assessment in installments; proceeds; special fund 36-9-37-14Prepayment of assessment installments 36-9-37-15Prepaid assessments; proceeds; special fund; investment; redemption of outstanding bonds 36-9-37-16Negligent investment of special fund money; liability of municipality 36-9-37-17Special fund created under IC 36-9-37-15; warrants for disbursements 36-9-37-18Notice; payments to bond owner; proceeds collectable by fiscal officer 36-9-37-19Notice of default on installment payments 36-9-37-20Collection of delinquent assessments; interest penalties 36-9-37-21Interest penalty collections; surplus Barrett Law account; use of funds 36-9-37-22Default on single installment 36-9-37-22.5Preservation of assessment in default as a lien 36-9-37-23Certification of delinquent assessments 36-9-37-24Delinquent assessments; sale of property 36-9-37-25Procedures to avoid a foreclosure action 36-9-37-26Disposition of property acquired by foreclosure or conveyance; procedure 36-9-37-27Disposition of property held by bank or trust company 36-9-37-28Bonds; contents; issuance; denominations 36-9-37-29Bonds; series; redemption; time for payment; computation of interest; actions challenging validity 36-9-37-30Payment of bonds at maturity 36-9-37-31Bonds; presentation for payment; receipts 36-9-37-32Schedule of amounts paid on bonds 36-9-37-33Matured bonds; notice to holder of money available for payment 36-9-37-34Bonds; tax exemption 36-9-37-35Bonds; insufficient funds for payment; issuance of certificates of indebtedness 36-9-37-36Bonds; certificates of indebtedness; payment 36-9-37-37Refunding bonds 36-9-37-38Overpayment of special assessments; refunds 36-9-37-39Overpayments; annual statement; notice; disposition 36-9-37-40Money collected as special assessments; disposition after five years 36-9-37-41Money deposited in general fund; claims 36-9-37-42Transfer of unclaimed money to surplus Barrett Law account 36-9-37-43Unpaid warrants or checks; cancellation 36-9-37-44Prepaid interest; reimbursement 36-9-37-45Municipalities no longer using Barrett Law; transfer of surplus money 36-9-37-46Barrett Law revolving improvement fund