reglab/housing_qa huggingface dataset:
IN Code § 36-9-36-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-15. Objections to Final Resolution; Filing; Bond; Prior Assessments

Sec. 15. (a) If the works board finally orders an improvement, forty percent (40%) of the persons who own property abutting the improvement and who are subject to assessment may file written objections with the board. The written objections must:(1) state at least one (1) of the following:(A) The improvement is not needed by the public.(B) The cost of the proposed improvement would be excessive considering the character and value of the property to be assessed.(C) The cost of the proposed improvement will exceed the benefits to the property to be assessed.(D) The works board does not have the legal authority to order the improvement.(2) be filed not later than five (5) days after the making of the final order.(b) If the works board does not abandon the proposed improvement, the following shall, not later than five (5) days after the filing of the objections with the works board, file with the clerk of the circuit or superior court of the county a copy of the order of improvement and the objections:(1) The auditor, in the case of a county.(2) The clerk, in the case of a municipality.(c) Objectors must file with their objections a bond with security to the satisfaction of the court. The following apply to a bond filed under this subsection:(1) The bond shall be in a sum fixed by the court.(2) The bond must be conditioned on the objectors paying all or any part of the costs of the hearing as the court may order.(d) In considering an objection described in subsection (a)(1)(A), the court may at the hearing under section 16 of this chapter consider the amount of the assessments made against the property for public improvement during the preceding five (5) years.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-16. Court Hearing on Objections to Final Resolution

Sec. 16. (a) The court shall set a hearing as early as possible, but not later than twenty (20) days after the filing of the objections with the court. All interested parties shall appear in court without further notice. The unit may not hold further proceedings concerning the improvement until the matters presented by the objections are heard and determined by the court. The matters shall be heard and determined by the court without a jury.(b) The court shall hear the evidence on the date fixed under subsection (a). The court may confirm the order of the works board or sustain the objections. The order of the court is conclusive, and all subsequent proceedings concerning the improvement must conform to the order.(c) A special judge may be appointed if for any reason the regular judge of the court cannot hear the objections within the twenty (20) day time limit established by subsection (a).As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-17. Construction or Repair of Sidewalks and Curbs; Notice to Abutting Property Owner of Order Requiring Construction or Repair

Sec. 17. (a) The works board may require the owners of abutting property to construct or repair the owners' own sidewalks or curbs if the works board:(1) desires to improve or repair any sidewalks or curbs in the unit; and(2) adopts a final resolution to that effect.(b) The works board must give notice of the order concerning the construction or repair to the abutting property owners in person or by mail. Mailing of notices to owners as the names of the owners appear on the assessor's books of the county in which the land is located complies with this requirement.(c) A property owner has thirty (30) days from the date of the notice to construct the sidewalks or curbs or make the repairs as required by the notice.(d) If a property owner fails to comply with the order, the works board may have the sidewalk or curb constructed or repaired by an independent contractor.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-18. Contracting by Works Board for Construction or Repair of Sidewalk or Curb

Sec. 18. (a) The works board may let a general contract for the making or repairing of all sidewalks or curbs of a specified material within the unit. The contract shall include an agreed price per square yard for the sidewalk construction.(b) If the contract is for work in a municipality, the contract may also specify the following:(1) The price per cubic yard for excavation and filling.(2) The price per lineal foot for curb.(c) The letting of a contract under this section is governed by the statutes regulating contractual authority of the unit.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-19. Levy and Collection of Assessments for Construction or Repair of Sidewalk or Curb

Sec. 19. (a) Assessments for the construction or repair of sidewalks or curbs shall be levied and collected according to this chapter.(b) The entire cost of the sidewalk or curb improvements or repairs that the board undertakes by one (1) resolution shall be assessed and apportioned against each lot or parcel of property abutting on the improvement in the proportion the improved lineal front footage of each lot or parcel of property bears to the entire length of the improvement.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-20. Improvements on Streets Occupied by Railroad Tracks; Procedure

Sec. 20. (a) This section does not apply to a county.(b) If the track of a railroad, an interurban, or an interurban street railroad occupies part of a street that is ordered improved under this chapter, the works board may, on petition of the railroad, provide in the plans and specifications for the improvement for a different material and plan of construction for the part of the street occupied by the railroad.(c) If the railroad is bound by contract to improve or pay the cost of improving the part of the street occupied by the railroad, the railroad is entitled to construct all of that part of the improvement if the railroad does the following:(1) Elects to do so by written notice filed as follows:(A) With the works board or other department of the unit having power to order the improvement.(B) At any time before the adoption of the final resolution or ordinance providing for the improvement.(2) On request of the works board or other department of the unit, files with the board or other department a bond in the amount and with the surety required by the works board or other department. The bond must be conditioned on the railroad's improvement of that part of the street:(A) according to the plans and specifications;(B) within the required time; and(C) to the satisfaction of the engineer of the unit in charge of the work.(d) The works board may issue a written improvement order requiring a railroad, an interurban, or an interurban street railroad to comply with IC 8-6-12.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-21. Roadway Grading; Assessment

Sec. 21. (a) This section does not apply to a county.(b) The works board may grade the roadway of a street and assess the cost of the grading against the property specially benefited.(c) The works board may let the contract under the statutes regulating contractual authority of units. The unit shall levy and collect the assessments for the grading according to this chapter.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-22. Advertisement for Bids; Opening and Consideration of Bids

Sec. 22. (a) If the works board finally orders an improvement, the works board shall advertise for bids for the work as required by IC 36-1-12.(b) The advertisement must state the following:(1) That on the date named, the unit will receive bids for the improvement according to the resolution as modified or confirmed.(2) The part of the cost of the improvement, if any, that will be paid by the unit.(c) On the date named, all bids shall be publicly opened and considered.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-23 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-23. Bid Bond or Deposit

Sec. 23. (a) If the works board finally orders an improvement and has advertised for bids, the works board shall require each bidder to deposit with the bidder's bid, at the bidder's option, either a bid bond or a certified check to ensure the execution of the contract.(b) The bid bond or certified check must be equal to the greater of the following:(1) An amount not less than two and one-half percent (2 1/2%) of the engineer's estimate of the cost of the improvement.(2) One hundred dollars ($100).(c) The following applies if a bidder elects to deposit a bid bond:(1) The bond must be payable to the works board with sufficient sureties.(2) The bond must be conditioned upon the bidder's execution of a contract in accordance with the bidder's bid if accepted by the works board.(3) The bond must provide for forfeiture of the amount of the bond upon the bidder's failure to execute the contract in accordance with the bidder's bid.(d) The works board shall do the following:(1) Return all checks and bonds submitted by unsuccessful bidders.(2) Return a successful bidder's check or bond when the bidder enters into a contract with the works board.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-24. Contracts; Scope; Actions to Enjoin Performance

Sec. 24. (a) The contract for an improvement must be for the entire improvement.(b) After the execution of a contract for an improvement, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. This action must be brought:(1) before the actual commencement of work under the contract, for an improvement by a county; or(2) before the later of the following, for an improvement by a municipality:(A) The actual commencement of work under the contract.(B) Not later than ten (10) days after the execution of the contract.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-25 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-25. Contractor's Guarantee

Sec. 25. (a) A contractor for an improvement must guarantee the contractor's workmanship and all materials used in the work.(b) The guarantee required under subsection (a) must be in the following form:"The contractor warrants the contractor's workmanship and all materials used in the work and agrees that during the guarantee period specified the contractor will at the contractor's own expense make all repairs that may become necessary by reason of improper workmanship or defective materials. The maintenance obligation, however, does not include repair of any damage resulting from any force or circumstance beyond the control of the contractor, nor is the contractor a guarantor of the plans and specifications furnished by the (county, city, or town).".As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-26. Repairs by Contractor

Sec. 26. (a) If repairs become necessary, the unit must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the unit may do the following:(1) Make the repairs using the unit's own employees or an independent contractor.(2) Recover from the contractor and the contractor's sureties the reasonable cost of the repairs and the cost of the supervision and inspection of the repairs.(b) At the expiration of the guarantee period, the unit has sixty (60) days in which to notify the contractor of any necessary repairs.(c) This subsection does not apply to a county. If the repairs necessary to be made at the expiration of the guarantee period amount to more than one-half (1/2) the surface of one (1) block, the entire pavement of the block shall be taken up and relaid in accordance with the original specifications.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-27 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-27. Monthly Payments to Contractor

Sec. 27. (a) A contractor for an improvement is entitled to monthly estimates of the work done during each month. The estimates shall be made by the engineer of the unit and approved by the works board.(b) The works board shall issue to the contractor certificates for eighty-five percent (85%) of the amount due the contractor by the estimates. The contractor is entitled to receive the amounts named in the certificates in cash or improvement bonds to be collected or issued by the unit. The certificates are negotiable instruments.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-28 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-28. Completed Improvements; Acceptance; Cost Estimates

Sec. 28. (a) An improvement that is completed according to contract must be accepted by the works board.(b) Upon the completion of an improvement according to contract, the cost of the improvement shall be estimated according to the entire length of the improvement.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-29 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-29. Assessments; Abutting Lands or Lots; Street and Alley Intersections

Sec. 29. (a) The total cost of an improvement as determined under section 28(b) of this chapter, except for one-half (1/2) of the cost of street and alley intersections, shall be assessed on the abutting land or lots in the manner prescribed by this chapter.(b) The remaining one-half (1/2) of the cost of street and alley intersections shall be assessed on the land or lots abutting on the streets or alleys that intersect the improved street or alley.(c) Land and lots may be assessed for the following distances:(1) One (1) block in either direction along the intersecting street or alley if the intersecting street or alley crosses the improved street or alley.(2) One (1) block along the intersecting street or alley if the intersecting street or alley enters but does not cross the improved street or alley.(d) For purposes of this section, the distance from the intersection of:(1) a street or an alley improved under this chapter; and(2) another street or alley;along the other street or alley to the street line of the next intersecting street or alley is considered one (1) block.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-30 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-30. Assessments; Basis; Back Lots; Platted Subdivisions

Sec. 30. (a) Lots, parcels, and tracts of land bordering on an improvement shall be assessed on the basis set forth in this chapter, without regard to the depth of the lots, parcels, or tracts back from the front line of the improvement.(b) After the final hearing before the works board concerning the actual benefits to abutting and adjacent property, the works board may assess other property behind the first lot if the following conditions are met:(1) The back lot is within one hundred fifty (150) feet of the line of the improvement.(2) The works board finds at the hearing that properties behind the abutting lot and within one hundred fifty (150) feet of the improvement are specially benefited by the improvement.(c) Land and lots assessed under subsection (b) shall be assessed only in the amount the lands or lots are specially benefited by the improvement.(d) Lots or land adjacent to the improvement are liable for the payment of the assessment as set forth on the final assessment roll.(e) This subsection applies only to counties. If an improvement is constructed within a platted subdivision, the works board may assess all or part of the lots in that subdivision or any other platted subdivision connected to that platted subdivision by the improvement.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-31 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-31. Preparation of Assessment Roll

Sec. 31. (a) As soon as a contract for an improvement has been completed, the works board shall have an assessment roll prepared for the property abutting on and adjacent to the improvement. The property abutting on and adjacent to the improvement is liable to assessment under this chapter.(b) The assessment roll must include the following:(1) The name of the owner of each parcel of property.(2) A description of each parcel of property.(3) The total assessment, if any, against each parcel of property. The total assessment must be listed opposite each name and description.(c) A mistake in the name of the owner or the description of property does not void the assessment or lien against the property.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-32 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-32. Presumptive Finality of Assessments; Publication of Notice

Sec. 32. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land on the assessment roll:(1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land.(2) The assessment is the final and conclusive assessment unless the assessment is changed under section 33 of this chapter.(b) Immediately after the assessment roll is completed and filed, the works board shall publish a notice according to IC 5-3-1. The notice must do the following:(1) Describe the general character of the improvement.(2) State that the assessment roll, with the names of owners and descriptions of property subject to assessment and the amounts of any presumptive assessments, is on file and may be inspected at the works board's office.(3) Name a time and date after the date of the last publication on which the works board will do the following at the works board's office:(A) Receive and hear remonstrances against the amounts assessed on the roll.(B) Determine whether the lots or tracts of land have been or will be benefited by the improvement in the following amounts:(i) The amounts listed on the assessment roll.(ii) Amounts greater or lesser than the amounts listed on the assessment roll.(iii) Any amount at all.(c) This subsection applies only to counties. The notice must also describe the platted subdivision or the parts of the subdivision on which there is property that is benefited and liable for assessment.(d) This subsection applies only to municipalities. The notice must also describe the following:(1) The public way or public place on which the improvement has been made.(2) The terminals of the improvement.(3) The public ways:(A) that:(i) intersect the improvement; or(ii) are parallel to the improvement and within one hundred fifty (150) feet of the improvement; and(B) on which there is property that is benefited and liable for assessment.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-33 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-33. Remonstrance Hearings; Final Determination of Assessments

Sec. 33. (a) On the date fixed under section 32 of this chapter, the works board shall receive and hear all remonstrances from the owners of property described in the notice or the representatives of the owners.(b) After the hearing, the works board shall sustain or modify the presumptive assessment as indicated on the assessment roll by confirming, increasing, or reducing the presumptive assessment against all or part of the property described in the roll. The works board's decision must be based on the works board's findings concerning the special benefits that the property has received or will receive on account of the improvement.(c) If any property liable for assessment is initially omitted from the assessment roll or a presumptive assessment has not been made against the property, the works board may place on the assessment roll any special benefit that the omitted property has sustained or will sustain by the improvement.(d) The aggregate amount of assessments approved by the works board under this section may not exceed the cost of the improvement and must be equal to the aggregate amount of special benefits determined by the board under section 10 of this chapter.As added by P.L.98-1993, SEC.7.
IN Code § 36-9-36-34 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 36. Barrett Law Funding for Counties and Municipalities|36-9-36-34. Completion and Delivery of Assessment Roll; Appeals

Sec. 34. (a) The works board shall complete the assessment roll and render the works board's decision by modifying or confirming the roll. The assessment roll shall show the total amount of special benefits opposite each name and a description of the property on the roll. When completed, the assessment roll shall be delivered to the following:(1) The county assessor, for an improvement by a county.(2) The municipal fiscal officer, for an improvement by a municipality.(b) The decision of the works board as to all benefits is final and conclusive on all parties. However, an owner of an assessed lot or parcel of land who has filed a written remonstrance with the board may appeal to the circuit or superior court for the county.As added by P.L.98-1993, SEC.7.