Indiana Code § 36-9-36-67

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 Barrett Law Funding for Municipalities               36-9-37-1 Application of chapter             36-9-37-2 Repealed             36-9-37-3 Municipalities owning and operating water utilities; water main extensions             36-9-37-4 Prerequisites for enforcement and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

‹ Prev All Indiana sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.