CHAPTER 6.1. THOROUGHFARE PROJECTS
IC 36-9-6.1
Chapter 6.1. Thoroughfare Projects
IC 36-9-6.1-1
Application of chapter
Sec. 1. This chapter applies to each unit that:
(1) has established an advisory plan commission or ametropolitan plan commission under IC 36-7-4-202; or
(2) is participating in an area planning department establishedunder IC 36-7-4-202.
As added by P.L.220-1986, SEC.30.
IC 36-9-6.1-2
Units adopting a thoroughfare plan; tax levy; collection; fund
Sec. 2. (a) The fiscal body of a unit that has adopted athoroughfare plan under IC 36-7-4 may levy a tax of five cents($0.05) on each one hundred dollars ($100) of taxable property in theunit. The tax may be levied annually, in the same way that otherproperty taxes are levied.
(b) The taxes levied under this section shall be collected in thesame manner as other property taxes and deposited in a separate andcontinuing fund to be known as the thoroughfare fund. The fiscalofficer of the unit may make payments or transfers from this fundonly on warrants of the works board for work related to thethoroughfare plan.
As added by P.L.220-1986, SEC.30. Amended by P.L.6-1997,SEC.217.
IC 36-9-6.1-3
Works board carrying out thoroughfare plan; powers
Sec. 3. Except as provided in section 5 of this chapter, a worksboard carrying out a thoroughfare plan under this chapter:
(1) has the same powers to:
(A) appropriate or condemn property;
(B) lay out, change, widen, straighten, or vacate public waysor public places;
(C) award and pay damages; and
(D) assess and collect benefits;
(2) shall proceed in the same manner; and
(3) is subject to the same rights of property owners, includingthe right to appeal;
as a works board that appropriates property under IC 32-24 and laysout, changes, widens, straightens, or vacates public ways or publicplaces under IC 36-9-6.
As added by P.L.220-1986, SEC.30. Amended by P.L.2-2002,SEC.120.
IC 36-9-6.1-4
Adoption of resolution for proposed project
Sec. 4. A works board that wants to proceed with a project in
order to carry out a thoroughfare plan may adopt a resolution:
(1) describing the proposed project;
(2) setting out the items necessary for completion of the project;
(3) including complete plans and specifications for all parts ofthe project other than the appropriation of property;
(4) including an estimate by the civil engineer of the unit of thetotal cost of the project; and
(5) describing the property benefited by the project, if any, thatwill be subject to assessment for that benefit.
As added by P.L.220-1986, SEC.30.
IC 36-9-6.1-5
Plans, specifications, and contracts for proposed project;preparation and adoption
Sec. 5. Plans, specifications, and contracts for a project proposedunder section 4 of this chapter must be prepared, adopted, and let inthe manner required by IC 36-9-36, except that the provisions ofIC 36-9-36 for remonstrance by resident freeholders do not apply.Separate phases of a project may be included in separate plans andspecifications, and the work on separate phases may be done bycontract or otherwise, as separate improvements.
As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993,SEC.12.
IC 36-9-6.1-6
Authorized projects
Sec. 6. Projects proposed under section 4 of this chapter mayinclude:
(1) the appropriation of property;
(2) the opening, changing, widening, straightening, or vacatingof any public way, public way crossing, railway, right-of-way,or public place in the unit;
(3) the removal of any pavement, sidewalk, curb, parkway,building, or other structure;
(4) the grading of any public way or public place; or
(5) the construction or reconstruction of any pavement, street,sidewalk, curb, or structure.
As added by P.L.220-1986, SEC.30.
IC 36-9-6.1-7
Notice and hearing on resolution; contents of notice
Sec. 7. After publication of notice in accordance with IC 5-3-1,the works board shall hold a public hearing on the resolution adoptedunder section 4 of this chapter. The notice must:
(1) fix the date of the hearing;
(2) state that the resolution will be considered at the hearing;and
(3) state that persons interested in or affected by the proposedproject may speak at the hearing.
As added by P.L.220-1986, SEC.30.
IC 36-9-6.1-8
Hearing; objections; determinations by works board
Sec. 8. At the hearing under section 7 of this chapter, the worksboard shall consider objections to the proposed project and, if itdecides to proceed with the project, shall:
(1) determine what part of the cost of the project or any separatephase of the project, including damages increased by a court onappeal, shall be paid by the unit out of the thoroughfare fund asa benefit to the unit at large;
(2) determine what part, if any, of the cost of the project or anyseparate phase of the project, including damages awarded by theworks board, shall be assessed as benefits on the real propertywithin a special benefit district, and fix the boundaries of thatdistrict; and
(3) take final action, which is conclusive on all persons,confirming, modifying, or rescinding its original resolution.
As added by P.L.220-1986, SEC.30.
IC 36-9-6.1-9
Approval of project; assessment of cost
Sec. 9. If the works board approves a project and decides to assessa part of the cost of that project against the property speciallybenefited, the board shall:
(1) advertise for bids;
(2) let contracts; and
(3) assess costs;
for the whole project or separate phases of the project, in the mannerprescribed by IC 36-9-36.
As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993,SEC.13.
IC 36-9-6.1-10
Rights of affected property owners
Sec. 10. The owners of property affected by an assessment undersection 9 of this chapter have the same rights as property ownersaffected by an assessment under IC 36-9-36.
As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993,SEC.14.
IC 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 benefitsassessed against the unit under this chapter exceed the balance in theunit's thoroughfare fund, the unit may issue bonds in an amountsufficient 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 thesame interest rate and maturities, as bonds for general purposesof the unit.As added by P.L.220-1986, SEC.30.
IC 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 thischapter shall be deposited in the thoroughfare fund and used by theunit 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.