Sec. 77. (a) Whenever:

(1) the board orders the construction or reconstruction of a drain, and the order is not stayed under section 108 of this chapter; or

(2) the board determines that maintenance work shall be let by contract;

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.