Indiana Code 36-9-27-77. Contracts; restrictions
(1) the board orders the construction or reconstruction of a drain, and the order is not stayed under section 108 of this chapter; or
Terms Used In Indiana Code 36-9-27-77
- Affected land: means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain. See Indiana Code 36-9-27-2
- Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
- Contract: A legal written agreement that becomes binding when signed.
- Maintenance: means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section. See Indiana Code 36-9-27-2
- Reconstruction: means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. See Indiana Code 36-9-27-2
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.