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

Indiana Statutes

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

Indiana § 36-9-36-67

Title 36LOCAL GOVERNMENT

Art. 9TRANSPORTATION AND PUBLIC WORKS

Ch. 36Barrett Law Funding for Counties and Municipalities

This text of Indiana § 36-9-36-67 (Surface improvements on public ways; performance by municipality; procedure) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-9-36-67 (2026).

Text

(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

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(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.