Title 36, LOCAL GOVERNMENT

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 11. (a) The board must, within sixty (60) days after the completion of the public work project, file in the department of homeland security a complete set …

Sec. 12. (a) When a public work project is to be performed, the board shall withhold final payment to the contractor until the contractor has paid the subcontractors, material suppliers, laborers, and those furnishing services. However, if there is not a sufficient sum owed to th…

Sec. 13. A contract for public work must contain a provision for the payment of subcontractors, laborers, material suppliers, and those performing services. The board shall withhold money from the contract price in a sufficient amount to pay the subcontractors, laborers, material…

Sec. 13.1. (a) Except as provided in subsection (e), the appropriate political subdivision or agency: (1) shall require the contractor to execute a payment bond to the appropriate political subdivision or agency, approved by and for the benefit of the political subdivision or age…

Sec. 14. (a) This section applies to public work contracts in excess of two hundred thousand dollars ($200,000) for projects other than highways, roads, streets, alleys, bridges, and appurtenant structures situated on streets, alleys, and dedicated highway rights-of-way. A board …

Sec. 15. (a) A contract by the board for public work must conform to IC 5-16-13. (b) A contract by the board for public work must conform with the antidiscrimination provisions of IC 5-16-6. The board may consider a violation of IC 5-16-6 a material breach of the contract, as pro…

Sec. 16. A contract for public work by a political subdivision or agency is void if it is not let in accordance with this chapter. [Pre-Local Government Recodification Citations: 5-16-1 part; Part new.] As added by Acts 1981, P.L.57, SEC.38.

Sec. 17. (a) A contract for road or street work must contain a provision for the timely payment of claims made by the contractor. (b) Each contract must provide for final payment within one hundred twenty (120) days after final acceptance and completion of the contract. Final pay…

Sec. 18. (a) If, in the course of the construction, reconstruction, or repair of a public work project, it becomes necessary to change or alter the original specifications, a change order may be issued to add, delete, or change an item or items in the original contract. The chang…

Sec. 19. (a) For purposes of this section, the cost of a public work project includes the cost of materials, labor, equipment rental, and all other expenses incidental to the performance of the project. (b) The cost of a single public work project may not be divided into two (2) …

Sec. 2. (a) As used in this chapter, "public work" means the construction, reconstruction, alteration, or renovation of a public building, airport facility, or other structure that is paid for out of a public fund or out of a special assessment. The term includes the construction…

Sec. 20. (a) This section applies to a public works project that may require creation of a trench of at least five (5) feet in depth. (b) IOSHA regulations 29 C.F.R. 1926, Subpart P, for trench safety systems shall be incorporated into the contract documents for a public works pr…

Sec. 21. (a) A person who submits a bid for a public works contract under this chapter that involves the installation of plumbing must submit evidence that the person is a licensed plumbing contractor under IC 25-28.5-1. (b) If a public works contract under this chapter is awarde…

Sec. 23. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with the Government of Iran) applies to the awarding of contracts, including contracts for professional services, under this chapter. (b) For purposes of applying IC 5-22-16.5 to contracts awarded under this chapt…

Sec. 24. (a) As used in this section, "contractor" includes a subcontractor of a contractor. (b) IC 4-13-18, regarding drug testing of employees of public works contractors, applies to a public works contract if the estimated cost of the public works contract is at least three hu…

Sec. 3. (a) The board may purchase or lease materials in the manner provided in IC 5-22 and perform any public work, by means of its own workforce, without awarding a contract whenever the cost of that public work project is estimated to be less than three hundred seventy-five th…

Sec. 3.5. When any public work is proposed to be performed and the board determines by a two-thirds (2/3) vote that it is expedient and in the best public interest to employ professional engineering, architectural, or accounting services for the planning and financing of the publ…

Sec. 4. (a) This section applies whenever the cost of a public work project will be at least three hundred thousand dollars ($300,000). (b) The board must comply with the following procedure: (1) The board shall prepare general plans and specifications describing the kind of publ…

Sec. 4.5. (a) The political subdivision or agency: (1) shall require a bond or a certified check to be filed with each bid by a bidder in the amount determined and specified by the board in the notice of the letting if the cost of the public work is estimated to be more than two …

Sec. 4.7. (a) This section applies whenever a public work project is estimated to cost at least fifty thousand dollars ($50,000) and less than three hundred thousand dollars ($300,000). (b) The board must proceed under the following provisions: (1) The board shall invite quotes f…

Sec. 4.9. (a) This section applies to a public work for the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property if the cost of the public work is estimated to be less than three hundred thousand dollars ($300,000). (b) The…

Sec. 5. (a) This section applies whenever a public work project is estimated to cost less than fifty thousand dollars ($50,000). Except as provided in subsection (g) for local boards of aviation commissioners and local airport authorities, if a contract is to be awarded, the boar…

Sec. 6. (a) Except as provided in subsections (b) through (d), the board shall award the contract and shall provide the successful bidder with written notice to proceed within sixty (60) days after the date on which bids are opened. (b) If general obligation bonds are to be sold …

Sec. 7. (a) This section does not apply to public work that: (1) is considered routine maintenance or upkeep; or (2) does not require a building permit issued by a city, town, or county. (b) Public work performed or contracted for on a public building, the cost of which is more t…

Sec. 8. The board may award a public work contract for road, street, or bridge work subject to the open price provisions of IC 26-1-2-305. The contract may provide that prices for construction materials are subject to price of materials adjustment. When price adjustments are part…

Sec. 9. (a) The board, upon a declaration of emergency, may contract for a public work project without advertising for bids if bids or quotes are invited from at least two (2) persons known to deal in the public work required to be done. (b) The minutes of the board must show the…

Sec. 1. This chapter applies to all counties. [Pre-Local Government Recodification Citation: Ind. Const. Art. 6, § 2.] As added by Acts 1980, P.L.212, SEC.1.

Sec. 10. (a) The county surveyor shall maintain a legal survey record book, which must contain a record of all the legal surveys made in the county showing outline maps of each section, grant, tract, subdivision, or group of sections, grants, tracts, and subdivisions in sufficien…

Sec. 11. (a) The county surveyor shall administer this section if the county surveyor is registered as a professional surveyor under IC 25-21.5. If the county surveyor is not registered, the county surveyor shall, with the approval of the county executive, appoint a person who is…

Sec. 12. While doing work under section 10 or 11 of this chapter, a professional surveyor registered under IC 25-21.5, or the employees of the professional surveyor, an unregistered county surveyor, or the employees of a county surveyor are not considered trespassers and are liab…

Sec. 13. (a) A person may, for excavation, mineral extraction, or other purposes related to the person's business, temporarily remove a monument marking a corner. The person must notify in writing the county surveyor at least thirty (30) days before removing the monument. The per…

Sec. 14. (a) The owner of property surveyed under this chapter may appeal that survey to the circuit court, superior court, or probate court for the county within one hundred eighty (180) days. (b) When an appeal is taken under this section, the surveyor shall immediately transmi…

Sec. 15. (a) If the surveyor serves as highway supervisor or county highway engineer and is compensated for that service in an amount greater than the compensation fixed under this title, then that compensation is in lieu of the compensation fixed under this title. (b) When fixin…

Sec. 16. The surveyor shall replace worn maps and plats as required by IC 36-2-17-5(c). As added by P.L.276-2001, SEC.7.

Sec. 2. (a) The county surveyor must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The surveyor forfeits office if the surveyor ceases to be a resident of the county. (b) The term of office of the county surveyor under A…

Sec. 2.5. (a) As used in this section, "training course" refers to: (1) a training course related to the office of county surveyor that is compiled or developed by the Association of Indiana Counties and approved by the state board of accounts; or (2) an educational course regard…

Sec. 3. (a) The surveyor shall keep the surveyor's office in a building provided at the county seat by the county executive. The surveyor shall keep the surveyor's office open for business during regular business hours on every day of the year except Sundays and legal holidays. H…

Sec. 4. A legal action required to be taken in the surveyor's office on a day when the surveyor's office is closed under section 3 of this chapter may be taken on the next day the surveyor's office is open. [Pre-Local Government Recodification Citation: 17-3-2-1 part.] As added b…

Sec. 5. The surveyor may procure and use an official seal. [Pre-Local Government Recodification Citation: 17-3-58-8 part.] As added by Acts 1980, P.L.212, SEC.1.

Sec. 6. (a) The surveyor may: (1) administer oaths necessary in the discharge of the surveyor's duties; and (2) administer and certify any oath required to be taken by: (A) a commissioner for the partition of real property; or (B) a commissioner to view, mark, locate, or relocate…

Sec. 7. (a) At the expiration of the surveyor's term of office, the surveyor shall turn over to the surveyor's successor all engineering and survey work in which the surveyor is engaged. (b) At the expiration of the surveyor's term of office, the surveyor's duties as surveyor, in…

Sec. 8. (a) If the surveyor is a competent civil engineer, the surveyor shall plan and supervise all surveying and civil engineering work of the county under the direction of the county executive. (b) If the surveyor is not a competent civil engineer, the county executive shall a…

Sec. 9. A survey by the surveyor constitutes prima facie evidence in favor of the corners and lines it establishes. [Pre-Local Government Recodification Citation: 17-3-58-5 part.] As added by Acts 1980, P.L.212, SEC.1.

Sec. 1. This chapter applies only to third class cities. As added by P.L.10-1997, SEC.32.

Sec. 10. The city manager, under the direction of the executive, is responsible for the administrative duties of the city. The powers and duties of the city manager must be stated in the ordinance creating the city manager position. The city manager's powers and duties may includ…

Sec. 11. The city manager may not serve as a member of any body that hears disciplinary charges against: (1) the city police chief; (2) a member of the city police department; (3) the city fire chief; or (4) a member of the city fire department. As added by P.L.10-1997, SEC.32.…