Indiana Code
Chapter 36. Barrett Law Funding for Counties and Municipalities
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.

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