reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-11. Costs Exceeding Balance in Thoroughfare Fund; Bond Issue

Sec. 11. If a unit's costs in acquiring property and paying benefits assessed against the unit under this chapter exceed the balance in the unit's thoroughfare fund, the unit may issue bonds in an amount sufficient to pay all or part of those costs. The bonds must be:
(1) approved by the executive of the unit;
(2) authorized by ordinance of the fiscal body of the unit;
(3) issued and sold in the same form and manner, including the same interest rate and maturities, as bonds for general purposes of the unit.
As added by P.L.220-1986, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-12. Proceeds of Sale of Bonds; Deposit in Fund; Payments

Sec. 12. Proceeds from the sale of bonds under section 11 of this chapter shall be deposited in the thoroughfare fund and used by the unit to pay for:
(1) property acquired by the unit;
(2) benefits assessed against the unit at large; and
(3) damages increased by a court on appeal;
under this chapter.
As added by P.L.220-1986, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.220-1986 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if this act had not been enacted.
As added by P.L.220-2011, SEC.682.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-2. Definitions

Sec. 2. As used in this chapter:
"Board" refers to the board of transportation of the consolidated city, subject to IC 36-3-4-23.
"Department" refers to the department of transportation of the consolidated city, subject to IC 36-3-4-23.
"Operation" includes control and engineering of traffic, traffic safety, road lighting, road access, utility locations, cuts in roads, vehicular parking and stopping, improvements of traffic movement, uses of the rights-of-way for roads, and mass transportation routes.
"Reconstruction" includes resurfacing, widening, and rebuilding.
As added by Acts 1982, P.L.77, SEC.12. Amended by P.L.220-1986, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-3. Special Taxing District

Sec. 3. The metropolitan thoroughfare district created by IC 36-3-1-6 constitutes a special taxing district for the purposes of programming, planning, designing, constructing, reconstructing, and operating thoroughfares within the district.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-4. Adoption of Resolution of Necessity and Purpose

Sec. 4. Whenever the board determines that it is necessary for the general welfare of the persons residing within the district and that it will be of public utility and benefit to the property in the district to undertake and carry out any project of construction, reconstruction, or operation upon thoroughfares within the district, it shall adopt a resolution of the necessity of the project and the purpose of the department to proceed with it. The board, as a part of the resolution, shall adopt the plans and specifications proposed for the entire project, and shall determine the estimated cost of all work and all acquisitions necessary to carry out the project.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-5. Filing and Notice of Resolution

Sec. 5. The resolution, plans and estimates, and all other matters included with the resolution shall be filed and opened to inspection by the public at the office of the department. The department shall give notice of:
(1) the adoption and general purport of the resolution;
(2) the fact that the resolution, and included material, have been prepared and are on file in the office of the department and can be inspected;
(3) that the board will on a date named receive and hear objections from any person interested in or who will be affected by the resolution.
The notice shall be published in accordance with IC 5-3-1.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-6. Hearing and Approval of Project

Sec. 6. At or before the time fixed for the hearing designated in the notice published under section 5 of this chapter, any person interested in or who will be affected by the proposed project may file with the department a written remonstrance against the proposed project, in whole or in part. At the hearing, which may be adjourned from time to time, the board:
(1) shall hear all persons who are interested in the proceedings;
(2) shall finally determine whether or not the proposed project, in whole or in any part, is necessary for the general welfare of the persons residing within the district and will be of public utility and benefit to the property in the district; and
(3) may confirm, modify, or rescind the resolution.
The decision shall be entered in the records of the department.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-7. Department Proceeding After Final Approval of Project

Sec. 7. After final approval of the resolution by the board, the department shall proceed with the project, work, and capital improvements, or any parts of them, and shall let all contracts, upon separate plans and specifications, in accordance with IC 36-1-12. The projects authorized may be modified by the board if it considers modification necessary to carry out the purpose of the declaration and resolution, so long as the modifications do not increase the estimate of the total cost of the project as adopted in the original resolution. All other changes must be processed as new declarations.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-8. Thoroughfare Tax

Sec. 8. All property located within the district is subject to a special tax for the purpose of providing money to pay the total cost of the project, including all necessary incidental expenses of programming, planning, and designing. The special tax constitutes the amount of benefits resulting to all of that property from the acquisition or work, and shall be levied as provided in this chapter.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-9. Bonds Issued

Sec. 9. (a) For the purpose of raising money to pay for any land or right-of-way to be acquired for thoroughfares within the district or to pay for any capital improvement necessary for the construction, reconstruction, or operation of thoroughfares within the district, and in anticipation of the special benefit tax, the board may cause bonds to be issued in the name of the consolidated city for the benefit of the district. The bonds shall be issued in accordance with IC 36-3-5-8.
(b) The bonds may be in an amount not to exceed the estimated cost of all land and rights-of-way to be acquired and the estimated cost of all capital improvements, including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the costs of supervision and inspection during the period of construction or reconstruction and all costs of programming, planning, and designing the capital improvements. The expenses to be covered in the amount of the bond issue include all expenses of every kind actually incurred preliminary to the acquisition of the property and the construction of work, such as the cost of necessary records, engineering expenses, publication of notices, salaries, and other expenses necessary to be incurred in connection with the acquisition of the property, the letting of the contract, and the sale of bonds.
(c) The bonds issued may not exceed the estimates for the project as determined by the board under section 4 of this chapter.
(d) Any surplus of bond proceeds remaining after all costs and expenses have been fully paid shall be paid into the metropolitan thoroughfare district bond fund. The board may appropriate the proceeds of the bonds.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-10. Bonds; Limitations; Terms

Sec. 10. (a) When the total issue of bonds under section 9 of this chapter for purposes of the district, including bonds already issued or to be issued, exceeds four percent (4%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15, additional bonds may not be issued. All bonds or obligations issued in violation of this subsection are void.
(b) Bonds issued under section 9 of this chapter are not, in any respect, corporate obligations or indebtedness of the consolidated city but constitute an indebtedness of the metropolitan thoroughfare district, and the bonds and interest on them are payable only out of revenues of the district. The bonds must recite these terms upon their face.
As added by Acts 1982, P.L.77, SEC.12. Amended by P.L.6-1997, SEC.218.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-11. Deposit of Bond Proceeds

Sec. 11. All proceeds from the sale of bonds issued under section 9 of this chapter shall be kept as a separate and specific fund to pay for the cost of land, rights-of-way, and other property acquired and of the cost of the work and all costs and expenses incurred in connection with it, and no part may be used for any other purpose. The fund shall be deposited at interest with the depository or depositories of other public funds of the consolidated city, and all interest collected on it belongs to the fund.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.5. Metropolitan Thoroughfare District of Marion County › 36-9-6.5-12. Special Tax; Metropolitan Thoroughfare District Bond Fund

Sec. 12. (a) For the purpose of raising money to pay all bonds issued under section 9 of this chapter and any interest on them, the legislative body may levy each year a special tax upon all of the property located within the district, in such manner as to meet and pay the principal of the bonds as they severally mature, together with all accruing interest on them. Other revenues and funds may be annually allocated by statute or ordinance to be applied to reduction of the bonds and their interest for the next succeeding year, but to the extent that monies on hand are insufficient for payments required in the next succeeding year, the special tax shall be levied.
(b) The tax so collected, and all other allocated monies, shall be accumulated and kept in a separate fund to be known as the "Metropolitan Thoroughfare District Bond Fund", and shall be applied to the payment of the district bonds and interest as they severally mature, and to no other purposes. All accumulations may be deposited, at interest, with one (1) of the depositories of other funds of the consolidated city, and all interest collected belongs to the fund.
As added by Acts 1982, P.L.77, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 7. City Department of Traffic Engineering › 36-9-7-1. Application of Chapter

Sec. 1. This chapter applies to all cities.
[Pre-Local Government Recodification Citations: 18-4-19-1 part; 18-4-19-7 part; 18-4-19-8 part.]
As added by Acts 1981, P.L.309, SEC.80.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 7. City Department of Traffic Engineering › 36-9-7-2. Establishment of Department

Sec. 2. The city legislative body may, by ordinance, establish a department of traffic engineering.
[Pre-Local Government Recodification Citations: 18-4-19-1 part; 18-4-19-7 part; 18-4-19-8 part.]
As added by Acts 1981, P.L.309, SEC.80.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 7. City Department of Traffic Engineering › 36-9-7-3. Department Personnel; Qualifications of Traffic Engineer

Sec. 3. (a) The personnel of the department of traffic engineering consists of a city traffic engineer, the traffic engineer's assistants, and other employees necessary to perform the duties of the department. The city executive shall appoint the traffic engineer.
(b) The traffic engineer must:
(1) have a thorough knowledge of modern traffic control methods;
(2) be able to supervise and coordinate diversified traffic engineering activities and prepare engineering reports; and
(3) either:
(A) be a registered professional engineer who has practiced traffic engineering for at least one (1) year;
(B) have a certificate of engineer-in-training under IC 25-31 and have practiced traffic engineering for at least two (2) years; or
(C) have practiced traffic engineering for at least ten (10) years.
A person must furnish evidence of the person's qualifications under this subsection before the person may be appointed by the executive.
[Pre-Local Government Recodification Citations: 18-4-19-1 part; 18-4-19-2.]
As added by Acts 1981, P.L.309, SEC.80. Amended by P.L.127-2017, SEC.288.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 7. City Department of Traffic Engineering › 36-9-7-4. Authority and Responsibility of Traffic Engineer

Sec. 4. (a) The traffic engineer is responsible only to the city executive or safety board, and the traffic engineer may act only in an advisory capacity to the executive or board.
(b) The traffic engineer has full authority over all the traffic engineer's subordinates.
[Pre-Local Government Recodification Citation: 18-4-19-4 part.]
As added by Acts 1981, P.L.309, SEC.80. Amended by P.L.127-2017, SEC.289.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 7. City Department of Traffic Engineering › 36-9-7-5. Powers and Duties of Traffic Engineer

Sec. 5. The traffic engineer shall:
(1) conduct all research relating to the engineering aspects of the planning of:
(A) public ways;
(B) lands abutting public ways; and
(C) traffic operation on public ways;
for the safe, convenient, and economical transportation of persons and goods;
(2) advise the city executive in the formulation and execution of plans and policies resulting from the traffic engineer's research under subdivision (1);
(3) study all accident records, to which the traffic engineer has access at all times, in order to reduce accidents;
(4) direct the use of all traffic signs, traffic signals, and paint markings, except on streets traversed by state highways;
(5) recommend all necessary parking regulations;
(6) recommend the proper control of traffic movement; and
(7) if directed to do so by ordinance, supervise all employees engaged in activities described by subdivisions (3) through (6).
[Pre-Local Government Recodification Citations: 18-4-19-4 part; 18-4-19-5.]
As added by Acts 1981, P.L.309, SEC.80. Amended by P.L.127-2017, SEC.290.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 8. Attendance at Purdue Road School › 36-9-8-1. Application of Chapter

Sec. 1. This chapter applies to all counties and municipalities.
[Pre-Local Government Recodification Citations: 17-3-66-1 part; 19-5-17-1 part; 19-5-18-1 part.]
As added by Acts 1981, P.L.309, SEC.81.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 8. Attendance at Purdue Road School › 36-9-8-2. Persons Authorized to Attend School

Sec. 2. The following persons may attend the annual road school at Purdue University:
(1) The county surveyor or county engineer of each county, and any other person authorized by the county executive.
(2) The civil engineer and traffic engineer of each municipality, and any other person authorized by the municipal executive.
[Pre-Local Government Recodification Citations: 17-3-66-1 part; 19-5-17-1 part; 19-5-18-1 part.]
As added by Acts 1981, P.L.309, SEC.81. Amended by Acts 1981, P.L.317, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 8. Attendance at Purdue Road School › 36-9-8-3. Persons Attending School; Reimbursement for Expenses

Sec. 3. (a) The expenses of a county surveyor, county engineer, or other person in attending the annual road school, including mileage, lodging, and tuition, shall be paid from the county general fund. On presentation of the proper receipts for these expenses, and with the approval of the county executive, the county auditor shall issue the county auditor's warrant for the expenses.
(b) The municipal legislative body may annually appropriate sums for the necessary expense of mileage, meals, and lodging of a municipal engineer or other person in attending the annual road school.
[Pre-Local Government Recodification Citations: 17-3-66-1 part; 19-5-17-1 part; 19-5-18-2 part.]
As added by Acts 1981, P.L.309, SEC.81. Amended by Acts 1981, P.L.317, SEC.9; P.L.127-2017, SEC.291.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-2. "City Block" Defined

Sec. 2. As used in this chapter, "city block" means both sides of the part of a public street that lies between two (2) intersecting public streets.
[Pre-Local Government Recodification Citation: 19-5-24-1 part.]
As added by Acts 1981, P.L.309, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-3. Petitions for Construction of Street Lights; Declaratory Resolutions; Notice and Hearing

Sec. 3. (a) The owner or owners of real property that fronts or abuts upon a public street or thoroughfare may sign and file with the municipal works board their petition requesting that there be constructed, erected, installed, maintained, and operated:
(1) an electric system of street lights and posts, designating the number of lumens per post and the number of posts along the street curb;
(2) a system of ornamental street lights and posts with underground wiring; or
(3) additional lights where a system has already been installed;
in front or on either side of the city block or blocks described in the petition.
(b) When the petition has been filed and signed by the owner or owners of at least sixty percent (60%) of the real property in the city block or blocks described in the petition, the works board shall adopt a declaratory resolution for the making of the improvement as described in the petition and shall then:
(1) prepare and place on file in its office, or with the municipal clerk if it has no office, a complete set of drawings, plans, and specifications for the lighting system and an estimate of the annual cost of the street lighting, which shall be kept open for inspection by the public and all prospective bidders; and
(2) publish in accordance with IC 5-3-1 a notice stating that on a day named after the last publication a public hearing shall be held, that interested persons may file remonstrances against the lighting system at the hearing, and that, at the hearing, the works board may sustain or overrule the remonstrances or may modify its original resolution, plans, or proceedings.
[Pre-Local Government Recodification Citations: 19-5-24-1 part; 19-5-24-2.]
As added by Acts 1981, P.L.309, SEC.82. Amended by Acts 1981, P.L.45, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-4. Repealed

[Pre-Local Government Recodification Citation: 19-5-24-3.]
As added by Acts 1981, P.L.309, SEC.82. Amended by Acts 1981, P.L.47, SEC.25. Repealed by Acts 1982, P.L.6, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-4.1. Hearing on Remonstrance; Rescission or Modification of Resolution and Plans

Sec. 4.1. At the time specified in the notice under section 3 of this chapter, the municipal works board shall conduct a hearing of any remonstrance on file. If, at the hearing, the works board finds that:
(1) the lighting system will not be of public benefit; or
(2) the annual benefits from the lighting system that will accrue to the property liable to be assessed will not equal or exceed the estimated annual cost of the improvement, after deducting the amount of the annual cost to be paid by the municipality;
the works board shall rescind the declaratory resolution for the lighting system and dismiss the petition, or modify the resolution, petition, drawings, plans, specifications, and estimated cost so that the lighting system will be of public benefit and the annual benefits that will accrue to the property liable to be assessed for the lighting system will equal or exceed its estimated annual cost, after deducting the amount of the annual cost to be paid by the municipality. However, the number of lumens per post and the number of posts designated in the petition may not be changed without the written consent of the petitioners.
As added by Acts 1982, P.L.6, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-6. Construction of Street Lights; Uniformity of Style; Supervisory Personnel; Completion Report

Sec. 6. (a) All street lamps or systems of lighting constructed, erected, or installed must be uniform in style and shall be installed under the supervision of:
(1) the municipal civil engineer; or
(2) some other competent person;
as determined by the municipal works board. If the person supervising the work is not already under bond, the person shall file a bond for the faithful performance of the person's duties in the sum and the manner directed by the works board.
(b) At the completion of the work, the person supervising the work shall file with the municipality the person's verified report that the work has been completed and complies in all respects with the drawings, plans, and specifications on file. If the report is found to be correct, the works board shall accept it on behalf of the municipality.
[Pre-Local Government Recodification Citation: 19-5-24-6.]
As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.127-2017, SEC.292.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-7. Payments to Utility for Service

Sec. 7. The municipality shall make to the utility operating the lighting system all payments required to be made to the utility for its service, in strict accordance with the terms of the contract or order under which the utility is operating. The municipality shall make the payments from its general fund or from a fund set aside for street lighting purposes, and shall be reimbursed for payments made in behalf of property owners by the collection of the assessments as provided in this chapter.
[Pre-Local Government Recodification Citation: 19-5-24-9.]
As added by Acts 1981, P.L.309, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-8. Street Lights at Intersections

Sec. 8. (a) For purposes of this section, all light posts that are:
(1) located on the street upon which a lighting system is installed; and
(2) within fifty (50) feet of the nearest part of another street intersecting that street;
are considered to be at a street intersection.
(b) A municipality shall install, maintain, and operate at each street intersection lighting facilities that are at least equal to those in other parts of the lighting system.
[Pre-Local Government Recodification Citation: 19-5-24-8 part.]
As added by Acts 1981, P.L.309, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-9. Payment of Costs of Lighting

Sec. 9. (a) The municipality shall pay from its general fund or from a fund set aside for street lighting purposes:
(1) the entire annual cost of lighting at street intersections under section 8 of this chapter; and
(2) not less than thirty-five percent (35%) of the annual cost of lighting of the entire other part of the lighting system, with the exact percentage paid to be fixed by the municipal works board.
The municipal legislative body may, by ordinance, divide the municipality for lighting purposes into business zones, residence zones, or other classes of zones. The percentage of annual cost of the lighting system to be paid by the municipality must be uniform throughout each class of the zones.
(b) The remaining annual cost of the lighting system shall be assessed against each lot or parcel of real property in the city block or blocks in front of which the lighting system is located, in the manner prescribed by section 10 of this chapter.
[Pre-Local Government Recodification Citation: 19-5-24-8 part.]
As added by Acts 1981, P.L.309, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-10. Street Light Assessments and Liens

Sec. 10. (a) After an electrical lighting system has been completed and is ready for operation, the municipal works board shall assess the real property in the city block or blocks affected for the proportionate part of the annual lighting cost and, in the case of a system of ornamental lighting, the installation costs, that the property owners are required to pay annually. The works board shall assess each lot or parcel of the property equally per front foot.
(b) The works board shall prepare and file an assessment roll, setting forth the assessments against each lot and parcel of real property to be assessed, based upon:
(1) the cost of the lighting for the full period of one (1) year and for that part of a year the system may be operated between the time of its completion and the beginning of the next calendar year; and
(2) in the case of a system of ornamental lighting, the costs of installing the system.
The preparation and filing of the assessment roll and all proceedings for its adoption and confirmation, notices to property owners, certifying the roll to the county treasurer, and all other proceedings in connection with the roll must be according to the statutes regarding public improvements in municipalities.
(c) The first assessment made against each lot or parcel of real property is a lien on that lot or parcel, from the time of the final acceptance of the electrical system by the municipality. The lien covers the cost of lighting for the part of the calendar year following acceptance of the system, the cost of lighting for the next full calendar year, and, in the case of a system of ornamental lighting, the cost of installing the system.
(d) After the first assessment is made, a lien attaches upon the assessment date of each year without further certification to the county treasurer, for the amount of the lighting cost for the succeeding calendar year and in the same proportions per front foot as fixed by the original assessment roll.
(e) Assessments made under this section shall be paid in the same manner as taxes are paid, at the regular tax paying periods following the adoption of the assessment roll. An assessment not paid at the time fixed by statute is subject to and may be collected according to the statutes regarding delinquent taxes, and all property upon which an assessment is a lien is subject to proceedings for the collection of taxes.
(f) The lien of an assessment under this section has equal priority with all other assessment liens and is superior to all other liens except liens for taxes.
[Pre-Local Government Recodification Citations: 19-5-24-8 part; 19-5-24-10.]
As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.245-2015, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-11. Expiration of Contracts; Transfers to New Utilities

Sec. 11. (a) Six (6) months before the expiration of a contract or order entered into or made under section 5 of this chapter, the municipal works board may:
(1) negotiate and enter into a new contract;
(2) extend the current contract;
(3) procure an order of the commission; or
(4) advertise for bids.
The works board shall then proceed in the manner provided by the preceding sections of this chapter.
(b) If a contract or order made under this section provides that an electrical system is to be operated by a utility other than the former utility and owner of the system, the new utility shall pay in cash to the former utility the full value at that time of the system, as determined by the utility regulatory commission. After payment, the former utility shall transfer title in the system to the new utility, which is then fully vested with ownership of the system. The new utility shall maintain and serve the system in accordance with this chapter.
[Pre-Local Government Recodification Citation: 19-5-24-11.]
As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.23-1988, SEC.124.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-12. Additional Lighting Facilities; Petition; Construction; Assessment of Costs

Sec. 12. (a) Whenever a lighting system has been established in accordance with this chapter, and an owner of property within any city block or blocks included in the system wants lighting facilities in front of or near the owner's property that:
(1) are additional to those described in the plans and specifications on file; and
(2) consist of either lighting posts or lamps of greater candlepower, or both;
the property owner may file the property owner's petition with the municipal works board. The petition must fully describe the additional lighting facilities that are wanted.
(b) The works board shall grant the petition and refer it to the person who supervises the system, who shall prepare and file:
(1) plans and specifications for the additional lighting; and
(2) the estimated annual cost of the additional lighting.
(c) When the plans, specifications, and annual cost are approved by the works board and by the property owner, the works board shall notify the utility operating the lighting system. The utility shall immediately proceed to erect, install, construct, and connect the additional lighting at its own expense. The utility shall then operate and maintain the additional lighting facilities as a part of the original system in return for additional compensation that is:
(1) agreed upon by all the interested parties and approved by the utility regulatory commission; or
(2) fixed by the commission.
(d) The property owner who petitioned for the additional lighting facilities shall pay to the municipality the additional annual cost of those facilities. The additional annual cost, which shall be added to the original amount assessable against the petitioner's property, is a lien upon the property and is payable in accordance with this chapter.
[Pre-Local Government Recodification Citation: 19-5-24-12.]
As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.23-1988, SEC.125; P.L.127-2017, SEC.293.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 9. Municipal Street Lights › 36-9-9-13. Additional Hours of Lighting; Petitions; Assessment of Costs

Sec. 13. (a) Whenever:
(1) a lighting service has been established in accordance with this chapter or under another contract or arrangement; and
(2) at least sixty percent (60%) of the property owners upon one (1) side of the street on a city block or blocks lighted by the service file with the municipal works board their petition requesting that the lighting service be maintained on that side of the street in the block or blocks each night for a designated number of hours in addition to the number of hours of service prescribed by the current contract, arrangement, or plans and specifications;
the works board shall grant the petition. The cost of the additional lighting shall be charged to and assessed against all of the lots or parcels of real property on the side of the street and on the city block or blocks on which additional lighting service is maintained.
(b) All proceedings for the establishment of additional service, the payments to the utility for additional service, and the making and collection of assessments and liens for additional service are governed by this chapter in the same manner as other proceedings, payments, assessments and liens.
[Pre-Local Government Recodification Citation: 19-5-24-13.]
As added by Acts 1981, P.L.309, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 10. County Payment for Municipal Street Lights › 36-9-10-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities and the counties in which they are located.
[Pre-Local Government Recodification Citation: 18-5-16-1 part.]
As added by Acts 1981, P.L.309, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 10. County Payment for Municipal Street Lights › 36-9-10-2. Obligation of County

Sec. 2. If:
(1) a county owns real property in a municipality;
(2) the municipality installs a lighting system to light the streets, alleys, and other public places in the municipality;
(3) as a part of that system, street lights are installed along a street abutting on the county property, on the opposite side of the street from the county property; and
(4) there are no street lights on the side of the street on which the county property is located;
the county shall pay the cost of installing, maintaining, and operating street lights in front of its property, on the side of the street on which the property is located.
[Pre-Local Government Recodification Citations: 18-5-16-1 part; 18-5-16-2 part.]
As added by Acts 1981, P.L.309, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 10. County Payment for Municipal Street Lights › 36-9-10-3. Installation Costs

Sec. 3. (a) If a county is required to pay for the installation of municipal street lights under this chapter, the amount to be paid by the county shall be determined under this section.
(b) If the contract for the installation of the lighting system calls for payment for the system as a whole, the county shall pay the amount that bears the same ratio to the total contract price as the number of lights to be paid for by the county bears to the total number of lights contracted for. The municipal legislative body shall determine the amount to be paid under this subsection.
(c) If the contract for installation of the lighting system calls for payment at a fixed price per light, the county shall pay the amount determined by multiplying that price by the number of lights to be paid for by the county.
[Pre-Local Government Recodification Citation: 18-5-16-2 part.]
As added by Acts 1981, P.L.309, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 10. County Payment for Municipal Street Lights › 36-9-10-4. Maintenance Costs

Sec. 4. (a) If a county is required to pay for the maintenance and operation of municipal street lights under this chapter, the amount to be paid by the county shall be determined under this section.
(b) If the contract for the maintenance and operation of the lighting system calls for payment for the system as a whole, the county shall pay the amount that bears the same ratio to the total contract price as the number of lights to be paid for by the county bears to the total number of lights contracted for.
(c) If subsection (b) does not apply, the county shall pay the amount determined by multiplying the price paid by the municipality for the maintenance and operation of each light by the number of lights required to be paid for by the county.
[Pre-Local Government Recodification Citation: 18-5-16-3.]
As added by Acts 1981, P.L.309, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 10. County Payment for Municipal Street Lights › 36-9-10-5. Approval of Payments; Appropriations

Sec. 5. (a) If a county is required to pay for the installation, maintenance, or operation of municipal street lights under this chapter, the municipal clerk shall verify the amount to be paid by the county. The municipal legislative body must approve this amount by resolution, and shall file a certified copy of the resolution with the county auditor in the same manner that other claims against the county are filed.
(b) Within sixty (60) days after the copy of the resolution is filed, the county auditor shall call the county fiscal body into special session for the purpose of making an appropriation to pay the amount claimed in the resolution. The fiscal body shall make an appropriation to pay this amount within sixty (60) days after the copy of the resolution is filed.
(c) The county shall pay the cost of maintaining and operating the lights every three (3) months, upon the filing of a claim under this section.
[Pre-Local Government Recodification Citations: 18-5-16-4; 18-5-16-5.]
As added by Acts 1981, P.L.309, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 11. Municipal Parking Facilities › 36-9-11-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities except consolidated cities.
[Pre-Local Government Recodification Citations: 19-5-8-1 part; 19-5-11-2 part; 19-5-12-1; 19-5-13-2.]
As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.317, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 11. Municipal Parking Facilities › 36-9-11-2. Declaration of Public Purpose

Sec. 2. The construction, operation, and acquisition of land for parking facilities by a municipality are public uses and purposes for which public money may be spent and private property may be acquired by the exercise of the power of eminent domain.
[Pre-Local Government Recodification Citations: 19-5-11-1; 19-5-13-1.]
As added by Acts 1981, P.L.309, SEC.84.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 11. Municipal Parking Facilities › 36-9-11-3. Powers of Municipality

Sec. 3. A municipality may acquire, establish, construct, maintain, operate, lease to others for operation, and regulate parking facilities for vehicles under this chapter. In exercising these powers, the municipality may:
(1) clear, grade, surface, and pave land;
(2) erect and equip structures; and
(3) remodel, extend, repair, and improve structures.
[Pre-Local Government Recodification Citations: 19-5-8-1 part; 19-5-11-2 part; 19-5-11-3 part.]
As added by Acts 1981, P.L.309, SEC.84.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 11. Municipal Parking Facilities › 36-9-11-4. Surveys and Studies; Submission of Recommendations to Safety Board and Legislative Body

Sec. 4. (a) From time to time the municipality shall make or cause to be made surveys and studies necessary to determine the need for and proper location of parking facilities, giving due consideration to:
(1) the free and safe movement of traffic;
(2) the terminal points and concentration of traffic; and
(3) the adequacy of privately owned parking lots or structures.
(b) This subsection applies only to cities. On the basis of the surveys and studies, recommendations shall be made to the safety board and the legislative body concerning the general location, size, and character of, and probable cost of acquiring and developing, needed parking facilities. The safety board shall consider the recommendations and, if it rejects them, shall state its objections in writing and refer the recommendations back to the persons making them. If the safety board approves the recommendations, it shall adopt a resolution to that effect and submit the recommendations to the legislative body for acceptance or rejection. If the legislative body rejects the recommendations, it shall adopt a resolution stating its objections and refer the recommendations back to the persons making them. If the legislative body approves the recommendations, it shall adopt a resolution to that effect. Upon approval of the recommendations by the legislative body, the city works board may proceed as provided by this chapter, and shall proceed in accordance with the legislative body's direction.
(c) This subsection applies only to towns. If, on the basis of the surveys and studies, the legislative body finds that there is a need for parking facilities of any kind, it shall adopt a resolution to that effect.
[Pre-Local Government Recodification Citations: 19-5-11-4; 19-5-13-5.]
As added by Acts 1981, P.L.309, SEC.84.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 11. Municipal Parking Facilities › 36-9-11-5. Preparation and Approval of Plans; Notice and Hearing; Appeals

Sec. 5. (a) Before the municipal works board proceeds with the acquisition and construction of any parking facilities approved under section 4 of this chapter, it must cause to be prepared:
(1) plats and descriptions of the land proposed to be acquired or used;
(2) general plans or drawings for the proposed project; and
(3) a general estimate of the cost of acquisition, construction, and installation of the project.
(b) The works board shall then adopt a resolution:
(1) approving the plats, descriptions, plans or drawings, and estimate;
(2) declaring that upon investigation it has been found necessary for the proper protection of the public safety and welfare, and will be of public utility and benefit to the municipality and its citizens, to:
(A) construct and maintain the parking facilities described in the resolution; and
(B) acquire for that purpose the property described in the resolution, by purchase or by appropriation; and
(3) setting out the probable cost and the proposed method of financing the project.
The resolution, plats, descriptions, plans or drawings, and estimate shall be kept open to inspection by all persons interested in or affected by the acquisition of the property proposed to be acquired or the construction or operation of the project.
(c) Notice of the adoption of the resolution and its purport, and of the fact that the plats, descriptions, plans or drawings, and estimate have been prepared and can be inspected, shall be published in accordance with IC 5-3-1. The notice must name a date on which the board will hear all persons interested in or affected by the proceedings, consider any remonstrances or objections filed, and finally determine the public utility and benefit of the project to the municipality and its citizens. All persons affected in any manner by the proceedings are considered to be notified of the pendency of the proceedings and of subsequent acts, hearings, adjournments, and orders of the board by the publication of the notice.
(d) At the hearing, which may be adjourned from time to time, the works board shall:
(1) hear all persons interested in or affected by the proceedings;
(2) consider all remonstrances and objections filed; and
(3) take final action:
(A) determining the public utility and benefit of the proposed project to the municipality and its citizens; and
(B) confirming, modifying and confirming, or rescinding the declaratory resolution.
(e) Appeals from the determination of the works board may be taken only by persons who have filed written remonstrances or objections before the hearing date fixed in the notice.
[Pre-Local Government Recodification Citations: 19-5-11-5 part; 19-5-13-6 part.]
As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.45, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 11. Municipal Parking Facilities › 36-9-11-6. Powers of Works Board; Payment of Expenses; Contracts

Sec. 6. (a) The municipal works board may take all steps and enter into all contracts or agreements necessary or incidental to the performance of its duties and the exercise of its powers under this chapter.
(b) The works board may employ engineers, architects, financial consultants, attorneys, inspectors, superintendents, managers, accountants, and other employees that it considers necessary for the execution of its powers and duties, fix their compensation, and establish their duties. However, the powers of a city works board under this subsection are subject to the statutes relating to the executive departments of cities.
(c) All compensation for services and expenses incurred under this chapter shall be paid solely from money provided under this chapter. The works board may not bind itself or the municipality beyond the extent to which money has been or may be made available to the board under this chapter.
(d) All contracts or agreements with any contractor or contractors for labor, supplies, or equipment shall be let and entered into in accordance with IC 5-22 and IC 36-1-12.
[Pre-Local Government Recodification Citations: 19-5-11-6; 19-5-13-7.]
As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.57, SEC.41; P.L.49-1997, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 11. Municipal Parking Facilities › 36-9-11-7. Rates and Charges; Adoption of Operating Rules; Employees' Bonds

Sec. 7. (a) In connection with the operation of any parking facility, the municipal works board may fix the rates and charges to be collected for the parking of vehicles, or for any other use of the facility, and adopt rules governing the use and operation of the facility so as to promote the maximum use of the facility by the public in a safe, orderly, and efficient manner. In a city, however, these rates, charges, and rules do not become effective until they are approved by ordinance or resolution of the legislative body.
(b) All rates and charges for parking and other services must be reasonable and designed to bring in revenues sufficient to cover the cost of providing and operating necessary parking facilities.
(c) A person handling monies of one (1) or more parking facilities must be properly bonded to insure a faithful accounting for the money coming into the person's hands.
[Pre-Local Government Recodification Citations: 19-5-11-7 part; 19-5-11-11 part; 19-5-13-9 part; 19-5-13-13 part.]
As added by Acts 1981, P.L.309, SEC.84. Amended by P.L.127-2017, SEC.294.