Indiana § 36-9-6-24 - Performance of work by contract or by employees of board

§ 36-9-6-24. Performance of work by contract or by employees of board

Sec. 24. (a) If any work ordered or undertaken by the works board is payable out of the general fund of the city, it may cause the work to be done by independent contract or by employees of the board.

(b) If any work ordered or undertaken by the works board is payable, in whole or in part, from assessments made for that purpose upon the real property benefited by the work, the works board shall have the work done by contract, unless otherwise provided by statute.

[Pre-Local Government Recodification Citation: 18-1-6-16 part.]

As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981, P.L.317, SEC.7.

IC 36-9-6.1Chapter 6.1. Thoroughfare Projects

36-9-6.1-0.1Application of chapter 36-9-6.1-1Application of chapter 36-9-6.1-2Units adopting a thoroughfare plan; tax levy; collection; fund 36-9-6.1-3Works board carrying out thoroughfare plan; powers 36-9-6.1-4Adoption of resolution for proposed project 36-9-6.1-5Plans, specifications, and contracts for proposed project; preparation and adoption 36-9-6.1-6Authorized projects 36-9-6.1-7Notice and hearing on resolution; contents of notice 36-9-6.1-8Hearing; objections; determinations by works board 36-9-6.1-9Approval of project; assessment of cost 36-9-6.1-10Rights of affected property owners 36-9-6.1-11Costs exceeding balance in thoroughfare fund; bond issue 36-9-6.1-12Proceeds of sale of bonds; deposit in fund; payments

IC 36-9-6.1-0.1Application of chapter Sec. 0.1. The addition of this chapter by P.L.220-1986 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if this act had not been enacted.

As added by P.L.220-2011, SEC.681.

IC 36-9-6.1-1Application of chapter Sec. 1. This chapter applies to each unit that:

(1) has established an advisory plan commission or a metropolitan plan commission under IC 36-7-4-202; or

(2) is participating in an area planning department established under IC 36-7-4-202.

As added by P.L.220-1986, SEC.30.

IC 36-9-6.1-2Units adopting a thoroughfare plan; tax levy; collection; fund Sec. 2. (a) The fiscal body of a unit that has adopted a thoroughfare plan under IC 36-7-4 may levy a tax of five cents ($0.05) on each one hundred dollars ($100) of taxable property in the unit. The tax may be levied annually, in the same way that other property taxes are levied.

(b) The taxes levied under this section shall be collected in the same manner as other property taxes and deposited in a separate and continuing fund to be known as the thoroughfare fund. The fiscal officer of the unit may make payments or transfers from this fund only on warrants of the works board for work related to the thoroughfare plan.

As added by P.L.220-1986, SEC.30. Amended by P.L.6-1997, SEC.217.

IC 36-9-6.1-3Works board carrying out thoroughfare plan; powers Sec. 3. Except as provided in section 5 of this chapter, a works board carrying out a thoroughfare plan under this chapter:

(1) has the same powers to:

(A) appropriate or condemn property;

(B) lay out, change, widen, straighten, or vacate public ways or public places;

(C) award and pay damages; and

(D) assess and collect benefits;

(2) shall proceed in the same manner; and

(3) is subject to the same rights of property owners, including the right to appeal;

as a works board that appropriates property under IC 32-24 and lays out, changes, widens, straightens, or vacates public ways or public places under IC 36-9-6.

As added by P.L.220-1986, SEC.30. Amended by P.L.2-2002, SEC.120.

IC 36-9-6.1-4Adoption of resolution for proposed project Sec. 4. A works board that wants to proceed with a project in order to carry out a thoroughfare plan may adopt a resolution:

(1) describing the proposed project;

(2) setting out the items necessary for completion of the project;

(3) including complete plans and specifications for all parts of the project other than the appropriation of property;

(4) including an estimate by the civil engineer of the unit of the total cost of the project; and

(5) describing the property benefited by the project, if any, that will be subject to assessment for that benefit.

As added by P.L.220-1986, SEC.30.

IC 36-9-6.1-5Plans, specifications, and contracts for proposed project; preparation and adoption Sec. 5. Plans, specifications, and contracts for a project proposed under section 4 of this chapter must be prepared, adopted, and let in the manner required by IC 36-9-36, except that the provisions of IC 36-9-36 for remonstrance by resident freeholders do not apply. Separate phases of a project may be included in separate plans and specifications, and the work on separate phases may be done by contract or otherwise, as separate improvements.

As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.12.

IC 36-9-6.1-6Authorized projects Sec. 6. Projects proposed under section 4 of this chapter may include:

(1) the appropriation of property;

(2) the opening, changing, widening, straightening, or vacating of any public way, public way crossing, railway, right-of-way, or public place in the unit;

(3) the removal of any pavement, sidewalk, curb, parkway, building, or other structure;

(4) the grading of any public way or public place; or

(5) the construction or reconstruction of any pavement, street, sidewalk, curb, or structure.

As added by P.L.220-1986, SEC.30.

IC 36-9-6.1-7Notice and hearing on resolution; contents of notice Sec. 7. After publication of notice in accordance with IC 5-3-1, the works board shall hold a public hearing on the resolution adopted under section 4 of this chapter. The notice must:

(1) fix the date of the hearing;

(2) state that the resolution will be considered at the hearing; and

(3) state that persons interested in or affected by the proposed project may speak at the hearing.

As added by P.L.220-1986, SEC.30.

IC 36-9-6.1-8Hearing; objections; determinations by works board Sec. 8. At the hearing under section 7 of this chapter, the works board shall consider objections to the proposed project and, if it decides to proceed with the project, shall:

(1) determine what part of the cost of the project or any separate phase of the project, including damages increased by a court on appeal, shall be paid by the unit out of the thoroughfare fund as a benefit to the unit at large;

(2) determine what part, if any, of the cost of the project or any separate phase of the project, including damages awarded by the works board, shall be assessed as benefits on the real property within a special benefit district, and fix the boundaries of that district; and

(3) take final action, which is conclusive on all persons, confirming, modifying, or rescinding its original resolution.

As added by P.L.220-1986, SEC.30.

IC 36-9-6.1-9Approval of project; assessment of cost Sec. 9. If the works board approves a project and decides to assess a part of the cost of that project against the property specially benefited, the board shall:

(1) advertise for bids;

(2) let contracts; and

(3) assess costs;

for the whole project or separate phases of the project, in the manner prescribed by IC 36-9-36.

As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.13.

IC 36-9-6.1-10Rights of affected property owners Sec. 10. The owners of property affected by an assessment under section 9 of this chapter have the same rights as property owners affected by an assessment under IC 36-9-36.

As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.14.

IC 36-9-6.1-11Costs exceeding balance in thoroughfare fund; bond issue Sec. 11. If a unit's costs in acquiring property and paying benefits assessed against the unit under this chapter exceed the balance in the unit's thoroughfare fund, the unit may issue bonds in an amount sufficient to pay all or part of those costs. The bonds must be:

(1) approved by the executive of the unit;

(2) authorized by ordinance of the fiscal body of the unit;

(3) issued and sold in the same form and manner, including the same interest rate and maturities, as bonds for general purposes of the unit.

As added by P.L.220-1986, SEC.30.

IC 36-9-6.1-12Proceeds of sale of bonds; deposit in fund; payments Sec. 12. Proceeds from the sale of bonds under section 11 of this chapter shall be deposited in the thoroughfare fund and used by the unit to pay for:

(1) property acquired by the unit;

(2) benefits assessed against the unit at large; and

(3) damages increased by a court on appeal;

under this chapter.

As added by P.L.220-1986, SEC.30.

IC 36-9-6.5Chapter 6.5. Metropolitan Thoroughfare District of Marion County

36-9-6.5-0.1Application of certain amendments to chapter 36-9-6.5-1Application of chapter 36-9-6.5-2Definitions 36-9-6.5-3Special taxing district 36-9-6.5-4Adoption of resolution of necessity and purpose 36-9-6.5-5Filing and notice of resolution 36-9-6.5-6Hearing and approval of project 36-9-6.5-7Department proceeding after final approval of project 36-9-6.5-8Thoroughfare tax 36-9-6.5-9Bonds issued 36-9-6.5-10Bonds; limitations; terms 36-9-6.5-11Deposit of bond proceeds 36-9-6.5-12Special tax; metropolitan thoroughfare district bond fund

IC 36-9-6.5-0.1Application of certain amendments to chapter Sec. 0.1. The amendments made to section 2 of this chapter by P.L.220-1986 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if this act had not been enacted.

As added by P.L.220-2011, SEC.682.

IC 36-9-6.5-1Application of chapter Sec. 1. This chapter applies to each county having a consolidated city.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-2Definitions Sec. 2. As used in this chapter:

"Board" refers to the board of transportation of the consolidated city, subject to IC 36-3-4-23.

"Department" refers to the department of transportation of the consolidated city, subject to IC 36-3-4-23.

"Operation" includes control and engineering of traffic, traffic safety, road lighting, road access, utility locations, cuts in roads, vehicular parking and stopping, improvements of traffic movement, uses of the rights-of-way for roads, and mass transportation routes.

"Reconstruction" includes resurfacing, widening, and rebuilding.

As added by Acts 1982, P.L.77, SEC.12. Amended by P.L.220-1986, SEC.31.

IC 36-9-6.5-3Special taxing district Sec. 3. The metropolitan thoroughfare district created by IC 36-3-1-6 constitutes a special taxing district for the purposes of programming, planning, designing, constructing, reconstructing, and operating thoroughfares within the district.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-4Adoption of resolution of necessity and purpose Sec. 4. Whenever the board determines that it is necessary for the general welfare of the persons residing within the district and that it will be of public utility and benefit to the property in the district to undertake and carry out any project of construction, reconstruction, or operation upon thoroughfares within the district, it shall adopt a resolution of the necessity of the project and the purpose of the department to proceed with it. The board, as a part of the resolution, shall adopt the plans and specifications proposed for the entire project, and shall determine the estimated cost of all work and all acquisitions necessary to carry out the project.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-5Filing and notice of resolution Sec. 5. The resolution, plans and estimates, and all other matters included with the resolution shall be filed and opened to inspection by the public at the office of the department. The department shall give notice of:

(1) the adoption and general purport of the resolution;

(2) the fact that the resolution, and included material, have been prepared and are on file in the office of the department and can be inspected;

(3) that the board will on a date named receive and hear objections from any person interested in or who will be affected by the resolution.

The notice shall be published in accordance with IC 5-3-1.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-6Hearing and approval of project Sec. 6. At or before the time fixed for the hearing designated in the notice published under section 5 of this chapter, any person interested in or who will be affected by the proposed project may file with the department a written remonstrance against the proposed project, in whole or in part. At the hearing, which may be adjourned from time to time, the board:

(1) shall hear all persons who are interested in the proceedings;

(2) shall finally determine whether or not the proposed project, in whole or in any part, is necessary for the general welfare of the persons residing within the district and will be of public utility and benefit to the property in the district; and

(3) may confirm, modify, or rescind the resolution.

The decision shall be entered in the records of the department.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-7Department proceeding after final approval of project Sec. 7. After final approval of the resolution by the board, the department shall proceed with the project, work, and capital improvements, or any parts of them, and shall let all contracts, upon separate plans and specifications, in accordance with IC 36-1-12. The projects authorized may be modified by the board if it considers modification necessary to carry out the purpose of the declaration and resolution, so long as the modifications do not increase the estimate of the total cost of the project as adopted in the original resolution. All other changes must be processed as new declarations.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-8Thoroughfare tax Sec. 8. All property located within the district is subject to a special tax for the purpose of providing money to pay the total cost of the project, including all necessary incidental expenses of programming, planning, and designing. The special tax constitutes the amount of benefits resulting to all of that property from the acquisition or work, and shall be levied as provided in this chapter.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-9Bonds issued Sec. 9. (a) For the purpose of raising money to pay for any land or right-of-way to be acquired for thoroughfares within the district or to pay for any capital improvement necessary for the construction, reconstruction, or operation of thoroughfares within the district, and in anticipation of the special benefit tax, the board may cause bonds to be issued in the name of the consolidated city for the benefit of the district. The bonds shall be issued in accordance with IC 36-3-5-8.

(b) The bonds may be in an amount not to exceed the estimated cost of all land and rights-of-way to be acquired and the estimated cost of all capital improvements, including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the costs of supervision and inspection during the period of construction or reconstruction and all costs of programming, planning, and designing the capital improvements. The expenses to be covered in the amount of the bond issue include all expenses of every kind actually incurred preliminary to the acquisition of the property and the construction of work, such as the cost of necessary records, engineering expenses, publication of notices, salaries, and other expenses necessary to be incurred in connection with the acquisition of the property, the letting of the contract, and the sale of bonds.

(c) The bonds issued may not exceed the estimates for the project as determined by the board under section 4 of this chapter.

(d) Any surplus of bond proceeds remaining after all costs and expenses have been fully paid shall be paid into the metropolitan thoroughfare district bond fund. The board may appropriate the proceeds of the bonds.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-10Bonds; limitations; terms Sec. 10. (a) When the total issue of bonds under section 9 of this chapter for purposes of the district, including bonds already issued or to be issued, exceeds four percent (4%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15, additional bonds may not be issued. All bonds or obligations issued in violation of this subsection are void.

(b) Bonds issued under section 9 of this chapter are not, in any respect, corporate obligations or indebtedness of the consolidated city but constitute an indebtedness of the metropolitan thoroughfare district, and the bonds and interest on them are payable only out of revenues of the district. The bonds must recite these terms upon their face.

As added by Acts 1982, P.L.77, SEC.12. Amended by P.L.6-1997, SEC.218.

IC 36-9-6.5-11Deposit of bond proceeds Sec. 11. All proceeds from the sale of bonds issued under section 9 of this chapter shall be kept as a separate and specific fund to pay for the cost of land, rights-of-way, and other property acquired and of the cost of the work and all costs and expenses incurred in connection with it, and no part may be used for any other purpose. The fund shall be deposited at interest with the depository or depositories of other public funds of the consolidated city, and all interest collected on it belongs to the fund.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-12Special tax; metropolitan thoroughfare district bond fund Sec. 12. (a) For the purpose of raising money to pay all bonds issued under section 9 of this chapter and any interest on them, the legislative body may levy each year a special tax upon all of the property located within the district, in such manner as to meet and pay the principal of the bonds as they severally mature, together with all accruing interest on them. Other revenues and funds may be annually allocated by statute or ordinance to be applied to reduction of the bonds and their interest for the next succeeding year, but to the extent that monies on hand are insufficient for payments required in the next succeeding year, the special tax shall be levied.

(b) The tax so collected, and all other allocated monies, shall be accumulated and kept in a separate fund to be known as the "Metropolitan Thoroughfare District Bond Fund", and shall be applied to the payment of the district bonds and interest as they severally mature, and to no other purposes. All accumulations may be deposited, at interest, with one (1) of the depositories of other funds of the consolidated city, and all interest collected belongs to the fund.

As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-7Chapter 7. City Department of Traffic Engineering

36-9-7-1Application of chapter 36-9-7-2Establishment of department 36-9-7-3Department personnel; qualifications of traffic engineer 36-9-7-4Authority and responsibility of traffic engineer 36-9-7-5Powers and duties of traffic engineer