2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 9. TRANSPORTATION AND PUBLIC WORKS CHAPTER 6. CITY WORKS BOARD
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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, the
works board shall supervise the streets, alleys, sewers, public
grounds, and other property of the city, and shall keep them in repair
and good condition. The works board shall provide for the cleaning
of 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, the
works board has custody of and may maintain all real and personal
property of the city.
(b) A city works board may design, order, contract for, and
execute:
(1) all work required to improve or repair any real or personal
property that belongs to or is used by the city; and
(2) the erection of all buildings and other structures needed for
any 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 real
or personal property needed by the city for any public use, unless a
different 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 be
included in a long-range capital expenditure program to be
proposed by the works board and updated as required by the
legislative body, but at least annually;
(2) require the works board to estimate, at least annually,
expenditures needed for condemnations, rentals, and purchases
for each successive fiscal year;
(3) approve, amend, or reject all or part of the long-range capital
expenditure program and the proposed annual expenditures,
before or during the adoption of the city budget; and
(4) specify the manner in which the works board must itemize
the estimates of capital program expenditures for each fiscal
year.
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 or
change the grade of any public way, sidewalk, or public place in the
city.
(b) The works board may keep a record of the grades of all public
ways 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, and
execute 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 and
sprinkle 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 lighting
apparatus 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 the
drainage and sewerage of the city.
(b) The works board may lay out, design, order, contract for, and
execute the construction, alteration, and maintenance of all public
drains 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 works
for 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, and
cause the erection of any culvert, bridge, or aqueduct within the city,
or may enter in a contract for the joint erection and maintenance of
such 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 the
city legislative body and does not take effect until approved by
ordinance of the legislative body.
(b) The works board may authorize a telegraph, telephone, electric
light, gas, water, steam, railroad, or interurban company to use and
erect necessary structures in any street, alley, or public place in the
city. The works board may prescribe the terms and conditions of uses
under this section and may fix by contract the price to be charged to
the 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 excavations
from the surface or underneath the surface of a street, alley, or public
place in the city. The works board may require bond to pay for
damages caused by excavations and to secure the proper repair of the
street, 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 structure
in a street, alley, or public place of the city. If the person maintaining
the structure fails to remove it, the works board may remove it at his
expense.
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, and
cause 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 otherwise
improve 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 and
watercourses to construct and maintain bridges across them at street
and 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, remove
all dead animals, rubbish, and other refuse from the city. The works
board may erect crematories or other plants for the destruction and
disposal 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 all
pipes 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's
expense, any lot or tract within the city, or within four (4) miles from
its corporate boundaries if the water on the lot or tract is or may
become injurious to the public health and comfort. However, no more
than twenty percent (20%) of the value of the lot or tract, as assessed
on the tax duplicate, may be expended in filling or draining the lot or
tract in any (1) year.
(b) The expenses of the works board under this section are a lien
against the lot or tract. This lien may be collected by foreclosure or
by 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 fountains
in 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 board
under this chapter are payable out of the general fund of the city,
from appropriations made for the use of the board and available for
the particular purpose, unless a statute specifically directs that the
expenses are to be paid by assessments against owners of real
property.
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 board
is payable out of the general fund of the city, it may cause the work
to be done by independent contract or by employees of the board.
(b) If any work ordered or undertaken by the works board is
payable, in whole or in part, from assessments made for that purpose
upon the real property benefited by the work, the works board shall
have 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.
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