CHAPTER 6. CITY WORKS BOARD
IC 36-9-6
Chapter 6. City Works Board
IC 36-9-6-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981,P.L.44, SEC.59.
IC 36-9-6-2
Supervision of streets, alleys, and city property
Sec. 2. Unless otherwise provided by statute or ordinance, theworks board shall supervise the streets, alleys, sewers, publicgrounds, and other property of the city, and shall keep them in repairand good condition. The works board shall provide for the cleaningof city streets and alleys.
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982,P.L.33, SEC.43.
IC 36-9-6-3
Custody, maintenance, improvement, and construction of city property
Sec. 3. (a) Unless otherwise provided by statute or ordinance, theworks board has custody of and may maintain all real and personalproperty of the city.
(b) A city works board may design, order, contract for, andexecute:
(1) all work required to improve or repair any real or personalproperty that belongs to or is used by the city; and
(2) the erection of all buildings and other structures needed forany public purpose.
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982,P.L.33, SEC.44.
IC 36-9-6-4
Condemnation, rental, and purchase of property
Sec. 4. The works board may condemn, rent, or purchase any realor personal property needed by the city for any public use, unless adifferent provision for purchase is made by statute or ordinance.However, the city legislative body may by ordinance:
(1) require that these condemnations, rentals, or purchases beincluded in a long-range capital expenditure program to beproposed by the works board and updated as required by thelegislative body, but at least annually;
(2) require the works board to estimate, at least annually,expenditures needed for condemnations, rentals, and purchasesfor each successive fiscal year;
(3) approve, amend, or reject all or part of the long-rangecapital expenditure program and the proposed annualexpenditures, before or during the adoption of the city budget;and (4) specify the manner in which the works board must itemizethe estimates of capital program expenditures for each fiscalyear.
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982,P.L.33, SEC.45.
IC 36-9-6-5
Approval of plats
Sec. 5. The works board may approve plats under IC 36-7-3-3(d).
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-6
Public ways and sidewalks; laying out, opening, and changing; grades
Sec. 6. (a) The works board may lay out, open, change, and fix orchange the grade of any public way, sidewalk, or public place in thecity.
(b) The works board may keep a record of the grades of all publicways and sidewalks in the city.
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981,P.L.46, SEC.8.
IC 36-9-6-7
Streets, alleys, wharves, and public places; improvements and repairs
Sec. 7. The works board may design, order, contract for, andexecute all work required to improve or repair any street, alley,wharf, or public place within the city.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-8
Public places; cleaning and sprinkling
Sec. 8. The works board may, by contract or otherwise, clean andsprinkle any public place within the city.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-9
Streets, alleys, and public places; lighting
Sec. 9. The works board may erect lampposts or other lightingapparatus in the streets, alleys, and public places of the city.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-10
Drains and sewers; plans; construction
Sec. 10. (a) The works board may prepare a uniform plan for thedrainage and sewerage of the city.
(b) The works board may lay out, design, order, contract for, andexecute the construction, alteration, and maintenance of all publicdrains or sewers necessary to carry off the drainage of the city.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-11 Sewage disposal and treatment works
Sec. 11. The works board may erect, maintain, and operate worksfor the collection, treatment, and disposal of sewage.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-12
Culverts, bridges, and aqueducts
Sec. 12. The works board may design, order, contract for, andcause the erection of any culvert, bridge, or aqueduct within the city,or may enter in a contract for the joint erection and maintenance ofsuch a structure by the city and a company or individual.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-13
Utility and transportation structures; authorization
Sec. 13. (a) A contract under this section must be submitted to thecity legislative body and does not take effect until approved byordinance of the legislative body.
(b) The works board may authorize a telegraph, telephone, electriclight, gas, water, steam, railroad, or interurban company to use anderect necessary structures in any street, alley, or public place in thecity. The works board may prescribe the terms and conditions of usesunder this section and may fix by contract the price to be charged tothe company.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-14
Excavations
Sec. 14. The works board may license the making of excavationsfrom the surface or underneath the surface of a street, alley, or publicplace in the city. The works board may require bond to pay fordamages caused by excavations and to secure the proper repair of thestreet, alley, or public place.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-15
Removal of structures from streets, alleys, and public places
Sec. 15. The works board may order the removal of any structurein a street, alley, or public place of the city. If the person maintainingthe structure fails to remove it, the works board may remove it at hisexpense.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-16
Levees
Sec. 16. The works board may design, order, contract for, andcause the erection of levees for the city.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-17 Watercourses; improvements
Sec. 17. The works board may straighten, deepen, or otherwiseimprove any natural or artificial watercourse.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-18
Private watercourses; bridges
Sec. 18. The works board may require the owners of canals andwatercourses to construct and maintain bridges across them at streetand alley intersections.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-19
Removal and disposal of refuse
Sec. 19. The works board may, by contract or otherwise, removeall dead animals, rubbish, and other refuse from the city. The worksboard may erect crematories or other plants for the destruction anddisposal of this refuse.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-20
Maps and records of pipes and conduits
Sec. 20. The works board may maintain a map and record of allpipes and conduits in the city for sewers, gas, water, electric wire,heat, and other purposes, showing their size, depth, inclination,location, and date of construction.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-21
Private lots and tracts; drainage and fill; expenses
Sec. 21. (a) The works board may fill or drain, at the owner'sexpense, any lot or tract within the city, or within four (4) miles fromits corporate boundaries if the water on the lot or tract is or maybecome injurious to the public health and comfort. However, nomore than twenty percent (20%) of the value of the lot or tract, asassessed on the tax duplicate, may be expended in filling or drainingthe lot or tract in any (1) year.
(b) The expenses of the works board under this section are a lienagainst the lot or tract. This lien may be collected by foreclosure orby placing it on the tax duplicate.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-22
Restrooms and fountains
Sec. 22. The works board may construct restrooms and fountainsin public places.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-23
Payment of expenses Sec. 23. All expenses incurred or authorized by the works boardunder this chapter are payable out of the general fund of the city,from appropriations made for the use of the board and available forthe particular purpose, unless a statute specifically directs that theexpenses are to be paid by assessments against owners of realproperty.
As added by Acts 1981, P.L.309, SEC.79.
IC 36-9-6-24
Performance of work by contract or by employees of board
Sec. 24. (a) If any work ordered or undertaken by the works boardis payable out of the general fund of the city, it may cause the workto be done by independent contract or by employees of the board.
(b) If any work ordered or undertaken by the works board ispayable, in whole or in part, from assessments made for that purposeupon the real property benefited by the work, the works board shallhave the work done by contract, unless otherwise provided by statute.
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981,P.L.317, SEC.7.