Indiana Code
Ind. Code § 36-9-23-3 (2026)
Supervision and control
✓ current as of May 2026
Sec. 3. The construction, acquisition, improvement, operation, and maintenance of sewage works under this chapter shall be supervised and controlled by the municipal works board. However, the municipal legislative body may, by ordinance, transfer the powers and duties of the works board under this chapter to:
(1) a sanitary board established under section 4 of this chapter; or
(2) the utility service board, if the municipality has such a board operating one (1) or more municipally owned utilities.
[Pre-Local Government Recodification Citations: 19-2-5-3; 19-2-5-4 part.]
As added by Acts 1981, P.L.309, SEC.96.
Notes of Decisions
Cited in 2
cases, 1991–1999 · leading case: Alexander v. City of Shelbyville, 575 N.E.2d 1058 (Ind. Ct. App. 1991).
Alexander v. City of Shelbyville, 575 N.E.2d 1058 (Ind. Ct. App. 1991). “§ 36-9-23-3 "'The construction, acquisition, improvement, operation, and maintenance of sewage works under this chapter shall be supervised and controlled by the municipal works board.”
Abe's Free Flow, Inc. v. City of Mishawaka, Ind., 55 F. Supp. 2d 908 (N.D. Ind. 1999). “Code § 36-9-23-3, and has provided that the board “may enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers.”
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