reglab/housing_qa huggingface dataset:
IN Code § 36-9-27-72 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-72. Private Crossings, Control Dams, or Other Permanent Structures; Removal, Replacement, and Maintenance

Sec. 72. (a) When, in the reconstruction or periodic maintenance of a regulated drain, the county surveyor determines that a private crossing will not adequately handle the flow of water from the drain or will be endangered by such flow, the county surveyor shall in the county surveyor's plans call for the removal of the crossing.(b) The replacement of a private crossing, when necessary, may be accomplished as a part of the work of the reconstruction or maintenance. The estimate by the county surveyor of the cost for the replacement shall be assessed against the land that would otherwise be deprived of ingress and egress. However, when a private crossing has been lawfully established and maintained, the board may assess any part of the cost of its replacement against all affected lands.(c) A private crossing, control dam, or other permanent structure may not be placed over or through an open drain unless the plans and specifications for the structure are first approved by the county surveyor. The county surveyor shall disapprove the plans and specifications if they do not show that the structure will meet hydraulic requirements that will permit the drain to function properly.(d) All maintenance of a private crossing or of a private structure within the drain, whether privately constructed or constructed as a part of work on a drain under this chapter, is the responsibility of the owners of land served by the private crossing or structure. The owners are directly responsible for any obstruction or damage to the drain that results from the existence of the private crossing or structure, notwithstanding any other provisions of this chapter.[Pre-Local Government Recodification Citation: 19-4-6-6 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.16; P.L.127-2017, SEC.358.
IN Code § 36-9-27-73 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-73. General Drain Improvement Fund; Establishment; Composition; Appropriations; Disposition of Surplus Money

Sec. 73. (a) There is established in each county a general drain improvement fund, which shall be used to pay the cost of:(1) constructing or reconstructing a regulated drain under this chapter; and(2) removing obstructions from drains under IC 36-9-27.4.In addition, if a maintenance fund has not been established for a drain, or if a maintenance fund has been established and it is insufficient, the general drain improvement fund shall be used to pay the deficiency.(b) The general drain improvement fund consists of:(1) all money in any ditch or drainage fund that was not otherwise allocated by January 1, 1966, which money the county treasurer shall transfer to the general drain improvement fund by January 1, 1985;(2) proceeds from the sale of bonds issued to pay the costs of constructing or reconstructing a drain;(3) costs collected from petitioners in a drainage proceeding;(4) appropriations made from the general fund of the county, or taxes levied by the county fiscal body for drainage purposes;(5) money received from assessments upon land benefited for construction or reconstruction of a regulated drain;(6) interest and penalties received on collection of delinquent drain assessments and interest received for deferred payment of drain assessments; and(7) money repaid to the general drain improvement fund out of a maintenance fund.(c) The county fiscal body, at the request of the board and on estimates prepared by the board, shall from time to time appropriate enough money for transfer to the general drain improvement fund to maintain the fund at a level sufficient to meet the costs and expenditures to be charged against it, after allowing credit to the fund for assessments paid into it.(d) There is no limit to the amount that the county fiscal body may appropriate and levy for the use of the general drain improvement fund in any one (1) year. However, the aggregate amount appropriated and levied for the use of the fund may not exceed the equivalent of fifty cents ($.50) on each one hundred dollars ($100) of net taxable valuation on the real and personal property in the county.(e) Whenever:(1) the board finds that the amount of money in the general drain improvement fund exceeds the amount necessary to meet the expenses likely to be paid from the fund; and(2) the money was raised by taxation under this section;the board shall issue an order specifying the excess amount and directing that it shall be transferred to the general fund of the county. The board shall serve the order on the county auditor, who shall transfer the excess amount to the general fund of the county.[Pre-Local Government Recodification Citation: 19-4-7-1 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.371-1983, SEC.1; P.L.206-1984, SEC.6; P.L.239-1996, SEC.2; P.L.240-1996, SEC.1; P.L.2-1997, SEC.87; P.L.255-2017, SEC.53.
IN Code § 36-9-27-74 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-74. Certain Counties; Tax Levy; Appropriations

Sec. 74. (a) This section applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).(b) Each year, the county shall levy the tax authorized by section 73 of this chapter at a rate on each one hundred dollars ($100) of assessed valuation that will yield three hundred thousand dollars ($300,000) per year.(c) The county auditor shall determine a particular watershed's part of the receipts from the tax authorized by this section by multiplying the total tax receipts by a fraction determined by the county surveyor. The numerator of the fraction is the number of acres in the particular watershed, and the denominator is the total number of acres in all of the watersheds in the county. The auditor shall annually distribute these amounts to the watersheds in the county.(d) The county legislative body shall annually appropriate, for use in the county in each of these watersheds, at least eighty percent (80%) of the watershed's part of the tax receipts.[Pre-Local Government Recodification Citation: 19-4-7-1 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.12-1992, SEC.187.
IN Code § 36-9-27-75 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-75. Acceptance of Grants or Gifts

Sec. 75. The board may accept gifts or grants from any source for the purpose of paying all or part of the costs of constructing, reconstructing, or maintaining a drain under this chapter. The gifts or grants shall be used to reduce the costs assessed to affected owners.[Pre-Local Government Recodification Citation: 19-4-7-1 part.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-76 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-76. Cooperation With State or Federal Agencies

Sec. 76. The board may cooperate in joint effort with any state or federal agency in a proceeding to construct, reconstruct, or maintain a drain under this chapter. If the board is cooperating with a federal agency, and the rules or procedures of the agency are in conflict with this chapter in respect to issuing bids, awarding contracts, and administering contracts, the board may adopt the federal rules or procedures in those areas where conflict exists, and may proceed in accordance with the requirements of the federal rules or procedures.[Pre-Local Government Recodification Citation: 19-4-7-1 part.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-77 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-77. Contracts; Restrictions

Sec. 77. (a) Whenever:(1) the board orders the construction or reconstruction of a drain, and the order is not stayed under section 108 of this chapter; or(2) the board determines that maintenance work shall be let by contract;the board may contract for the work to be done as a whole or in sections.(b) Except as provided in subsection (c), the board may not let a contract for the construction or reconstruction of a drain if the amount of the contract is more than ten percent (10%) above:(1) the construction costs estimated by the county surveyor under section 61(8) of this chapter; or(2) the reconstruction costs estimated by the surveyor under section 49(c) of this chapter.(c) If the board does not receive a bid that complies with subsection (b), it shall readvertise for bids. If on readvertisement the board does not receive a bid that complies with subsection (b), the board shall dismiss the proceedings unless it receives a bid that does not exceed the benefits assessed against the affected land.(d) Whenever the benefits and construction costs estimated by the county surveyor have been filed for more than five (5) years, and the board is unable to award a contract within the limitations of subsections (b) and (c), the board shall refer the surveyor's report back to the surveyor for a supplemental report.(e) Subject to IC 36-1-12-5, the board may perform maintenance, construction, or reconstruction by its own work force without awarding a contract.[Pre-Local Government Recodification Citation: 19-4-7-4.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.7.
IN Code § 36-9-27-79.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-79.1. Contracts Estimated to Be Not More Than $150,000; Procedure

Sec. 79.1. Notwithstanding sections 77 and 78 of this chapter, the following provisions apply whenever the board estimates that the amount of the contracts to be let is not more than one hundred fifty thousand dollars ($150,000):(1) The board need not advertise in the manner provided by section 78 of this chapter. If the board does not advertise, it shall mail or send by electronic means written invitations for bids to at least three (3) persons believed to be interested in bidding on the work. The invitations shall be mailed or sent by electronic means at least seven (7) days before the date the board will receive bids, and must state the nature of the contracts to be let and the date, time, and place bids will be received.(2) The board may authorize the county surveyor to contract for the work in the name of the board.(3) The contracts may be for a stated sum or may be for a variable sum based on per unit prices or on the hiring of labor and the purchase of material.(4) The contracts shall be let in accordance with the statutes governing public purchase, including IC 5-22.(5) The board may for good cause waive any requirement for the furnishing by the bidder of a bid bond or surety and the furnishing by a successful bidder of a performance bond.[Pre-Local Government Recodification Citations: 36-9-27-79 part; Part new.]As added by Acts 1981, P.L.57, SEC.42. Amended by P.L.355-1987, SEC.1; P.L.49-1997, SEC.84; P.L.241-1999, SEC.6; P.L.43-2019, SEC.4; P.L.164-2019, SEC.8.
IN Code § 36-9-27-80 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-80. Subcontracts

Sec. 80. A person who enters into a contract with the board under section 78 or 79 of this chapter may not subcontract any part of the contract without the written consent of the board. The board may withhold its consent only for good cause.[Pre-Local Government Recodification Citation: 19-4-7-7 part.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-80.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-80.5. Construction Contract Changes in Specification; Change Orders

Sec. 80.5. (a) If a change in the original specifications of a contract for the construction or reconstruction of a drain becomes necessary during the construction or reconstruction, the county surveyor may issue a change order to add, delete, or change an item in the contract. A change order issued under this subsection becomes an addendum to the contract.(b) The county surveyor may issue a change order under subsection (a) without obtaining prior approval from the board. The county surveyor shall report a change order issued under subsection (a) to the board at the next meeting of the board following the issuance of the change order.(c) A change order issued under subsection (a) must be directly related to the drain project that is the subject of the original contract.(d) The amount of a contract plus the amount of all change orders to the contract issued under this section may not exceed the following by more than twenty percent (20%):(1) The construction costs estimated by the county surveyor under section 61(8) of this chapter.(2) The reconstruction costs estimated by the county surveyor under section 49(c) of this chapter.As added by P.L.154-1993, SEC.8.
IN Code § 36-9-27-81 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-81. Partial or Progress Payments to Contractors

Sec. 81. The county surveyor may, without first obtaining the approval of the board, authorize partial or progress payments to a contractor for work performed in amounts not in excess of eighty-five percent (85%) of the contract price of the work then completed. The county surveyor shall report such an approval to the board at its next meeting. The county surveyor may not give an approval under this section unless the county surveyor has first inspected the work done.[Pre-Local Government Recodification Citation: 19-4-7-8 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.360.
IN Code § 36-9-27-82 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-82. Final Payment Upon Completion of Contract; Approval of Work by County Surveyor

Sec. 82. (a) Whenever a contract under this chapter calls for a payment to be made to the contractor on the completion of work, the county surveyor shall inspect the work done and file with the board a written report approving or disapproving the work. The board may not allow a claim for the payment until the surveyor's report shows the work to be approved.(b) After the acceptance of the work by the county surveyor, the contractor shall file with the board a verified statement that all expenses incurred for labor and material, except for any expenditures specified in the statement, have been paid in full.[Pre-Local Government Recodification Citation: 19-4-7-8 part.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-83 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-83. Subcontractors, Laborers, or Other Persons; Claims

Sec. 83. (a) A subcontractor, laborer, or other person may file a claim with the board if:(1) at the request of a contractor, the subcontractor, laborer, or other person has performed any work or other service or has furnished any material used under the contract; and(2) the subcontractor, laborer, or other person has not been paid.The claim must be filed within sixty (60) days after the performance of the work or service or the furnishing of the material, and must state the amount due and describe the work done or materials furnished. The board shall withhold the amount of the claim from the final payment due the contractor unless the claimant files a written withdrawal of the claim with the board.(b) If, sixty (60) days after acceptance of the work by the surveyor, the contractor files with the board a written acknowledgment of the correctness of all claims, and if the amount withheld by the board is sufficient to pay all claims, the board shall have the claims paid out of the amount withheld from the contractor and shall pay the balance remaining to the contractor.(c) If the contractor does not file an acknowledgment under subsection (b), or if there is not a sufficient amount withheld to pay all claims, the board shall interplead all claimants and the contractor in the circuit or superior court of the county in which the board is located and have the amount of the claims, or the amount withheld by the board, whichever is smaller, paid into court. The board is then discharged from liability.(d) This section does not relieve the surety on the contractor's bond from liability under its obligation as set forth in the bond.[Pre-Local Government Recodification Citation: 19-4-7-8 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.361.
IN Code § 36-9-27-84 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-84. Contracts; Apportionment of Costs to Lands Benefited

Sec. 84. (a) After letting a contract for the construction, reconstruction, or maintenance of a drain, the board shall determine the full cost of the construction, reconstruction, or maintenance, including the contract price, incidental expenses, damages, interest on any bonds issued under section 94 of this chapter, and attorney's fees, if any. The board shall then apportion this cost to the tracts of land assessed in proportion to the benefit percentage previously assigned to each tract. If the contract is for work on an urban drain, the board shall also designate each tract that is assessed as rural land or urban land.(b) When determining and apportioning the full cost of construction or reconstruction under this section, the board may include for contingencies a reasonable sum not in excess of ten percent (10%) of the full cost.(c) An improved or unimproved lot or tract of land that is benefited by the construction, reconstruction, or maintenance of a regulated drain shall be assessed each year for that construction, reconstruction, or maintenance in an amount fixed by the board.[Pre-Local Government Recodification Citations: 19-4-6-11; 19-4-7-9; 19-4-7-21 part; 19-4-10-5 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.29; P.L.206-1984, SEC.8.
IN Code § 36-9-27-85 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-85. Certification of Assessments to County Auditor; Disposition of Unexpended Funds

Sec. 85. (a) The board shall certify the list of assessments apportioned under section 84 of this chapter to the auditor of each county in which there are lands to be assessed.(b) Whenever the order of the board establishing an annual assessment for periodic maintenance becomes final, the board shall certify that annual assessment to the auditor of each county in which there are lands to be assessed. The annual assessment shall be collected each year until changed or terminated by the board.(c) The county auditor shall extend assessments for construction and reconstruction upon a book to be known as the ditch duplicate, for the full period of payment allowed for all assessments for construction and reconstruction, with interest at ten percent (10%) per year upon all payments deferred beyond one (1) year from the date that the certification is made. However, the county auditor may not charge interest under this section on assessments for construction or reconstruction financed through:(1) a bond issue under section 94 of this chapter; or(2) a construction loan obtained under section 97.5 of this chapter.(d) Whenever any sum is certified under this section and is not expended within two (2) years after payment of the most recently allowed claim for work on a drain, the county auditor, with the approval of the board, shall promptly transfer the unexpended sum to the periodic maintenance fund for that drain. If there is no periodic maintenance fund for the drain, the unexpended sum may be transferred to the general drain improvement fund or funds of the county or counties affected by the drain, in proportion to the original apportionment and certification of costs for the drain.[Pre-Local Government Recodification Citations: 19-4-7-10; 19-4-7-21 part; 19-4-10-5 part.]As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.30; P.L.255-2017, SEC.54.
IN Code § 36-9-27-87 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-87. Persons or Associations Owning Multiple Properties; Single Assessment Bill

Sec. 87. If one (1) person or association owns two (2) or more separate pieces of property subject to assessment under this chapter, the board may issue one (1) itemized bill. The assessment must clearly show the pieces of property being assessed, the assessment for each piece of property, and the total assessment.[Pre-Local Government Recodification Citation: 19-4-6-11.5.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-88 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-88. Assessments; Due Date; Installment Payments

Sec. 88. All final assessments, other than annual assessments for periodic maintenance, are due and may be paid upon the date of certification of the final assessment to the county auditor, except that:(1) the owners liable for the payment of the assessments may elect to pay them in equal installments of at least fifty dollars ($50) per year, plus interest on the deferred payments, over a period of not more than five (5) years, with the yearly payments to be made semiannually at the time general taxes are payable; and(2) when the board designates land as urban land in its certification of the list of assessments, the owners liable for the payment of assessments on the urban land may elect to pay them in equal installments of at least one hundred dollars ($100) per year, plus interest on the deferred payments, over a period of not more than twenty (20) years, with the yearly payments to be made semiannually at the time general taxes are payable.[Pre-Local Government Recodification Citation: 19-4-7-12.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-89 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-89. Ditch Assessment Liens; Attachment; Termination

Sec. 89. (a) The lien of a ditch assessment attaches to the land assessed on the date of certification of the final assessment to the county auditor, and is inferior only to tax liens.(b) The lien of a ditch assessment terminates on the date it is paid in full or on the last day of the fifth year after the last payment became due.[Pre-Local Government Recodification Citation: 19-4-7-13.]As added by Acts 1981, P.L.309, SEC.101.
IN Code § 36-9-27-90 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 27. Drainage Law|36-9-27-90. Delinquent Assessments on Lands Owned by Municipal Corporations

Sec. 90. When any ditch assessment against land owned by a municipal corporation becomes delinquent, the county auditor shall:(1) certify the amount of the delinquency to the state board of accounts and to the person who receives semiannual distribution of taxes on behalf of the municipal corporation; and(2) withhold the amount from the municipal corporation at the next semiannual distribution of taxes collected.The amount withheld by the auditor shall be credited to the appropriate drainage fund.[Pre-Local Government Recodification Citation: 19-4-7-14.]As added by Acts 1981, P.L.309, SEC.101.