reglab/housing_qa huggingface dataset:
IN Code § 36-9-23-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-4. Sanitary Board

Sec. 4. (a) A sanitary board established under this chapter consists of:(1) the municipal executive; and(2) two (2) persons appointed by the municipal legislative body, one (1) of whom must be a registered professional engineer.The legislative body may not appoint any paid or unpaid municipal officer or employee to the board.(b) One (1) of the original appointees to the sanitary board serves for a term of two (2) years, and the other serves for a term of three (3) years.(c) When the term of a member of the sanitary board expires, a successor shall be appointed for a term of three (3) years in the manner prescribed by subsection (a).(d) Vacancies on the sanitary board shall be filled for the unexpired term in the manner prescribed by subsection (a).(e) The municipal executive is the chair of the sanitary board.(f) The sanitary board shall select a vice chair from its members, and shall select a secretary and a treasurer, who need not be members of the board. However, the board may combine the offices of secretary and treasurer into a single office of secretary-treasurer. The officers selected under this subsection serve at the pleasure of the board.(g) Each member of the sanitary board is entitled to the compensation, if any, that is fixed by:(1) the executive, with the approval of the legislative body, in a city; or(2) the legislative body, in a town;as a salary or as payment for meetings attended. Each member is also entitled to payment for reasonable expenses incurred in the performance of the member's duties.(h) The compensation of the secretary and treasurer of the sanitary board shall be fixed by:(1) the executive, with the approval of the legislative body, in a city; or(2) the legislative body, in a town.(i) The municipal legislative body shall fix the bond required of each member of the sanitary board and of the treasurer of the board. These bonds shall be filed with the county recorder under IC 5-4-1-5.1.(j) The sanitary board may establish rules and bylaws for its own government.[Pre-Local Government Recodification Citation: 19-2-5-4 part.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.127-2017, SEC.313.
IN Code § 36-9-23-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-5. Board Defined

Sec. 5. As used in sections 6 through 37 of this chapter, "board" means:(1) the municipal works board; or(2) if the municipality has transferred the powers and duties of the works board under section 3 of this chapter, the:(A) sanitary board; or(B) utility service board;to which those powers have been transferred.[Pre-Local Government Recodification Citation: 19-2-5-1 part.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.1-2007, SEC.247; P.L.114-2008, SEC.28.
IN Code § 36-9-23-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-6. Contracts

Sec. 6. (a) The board may enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter. However, the board may not obligate itself or the municipality beyond the extent to which money has been or may be provided under this chapter.(b) A contract relating to the financing of the acquisition or construction of any sewage works, or to any trust indenture authorized by this chapter, is not effective until it is approved by the municipal legislative body.(c) A contract or an agreement with any contractor or contractors for labor, equipment, or materials shall be let and entered into under the statutes governing the letting of contracts by agencies of municipalities.(d) The board or any public utility (as defined in IC 8-1-6-3) contracting with the board for the treatment, purification, or disposal in a sanitary manner of liquid and solid waste, sewage, night soil, or industrial waste may contract with a water utility furnishing water service to users or property served in the municipality or by the public utility to do the following:(1) Ascertain the amount of water consumed.(2) Compute the amount of the charge to be billed for sewer services to each user or property served.(3) Bill and collect the amounts due for sewer services.(4) Discontinue water service to delinquent sewer users.A contract under this subsection is enforceable without the approval of the Indiana utility regulatory commission.(e) The procedures in IC 36-9-25-11.5(a) through IC 36-9-25-11.5(e) apply to the discontinuance of water service to a delinquent sewer user under a contract between the board and a water utility described in subsection (d).[Pre-Local Government Recodification Citation: 19-2-5-5 part.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.27-1995, SEC.7; P.L.34-1999, SEC.6.
IN Code § 36-9-23-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-7. Board; Operation of Works

Sec. 7. After the completion or acquisition of the sewage works, the board shall operate, manage, and control the works and may order and complete any extensions or improvements it considers necessary. The board shall adopt rules for the use and operation of the sewage works and of other sewers and drains connected to the works, to the extent that they may affect the operation of the works.[Pre-Local Government Recodification Citation: 19-2-5-5 part.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-8. Board; Restoration of Works

Sec. 8. If requested to do so by the proper authority, the board shall, to the extent possible from money provided under this chapter, restore to their original condition any public ways or public works damaged by the board in the performance of its duties.[Pre-Local Government Recodification Citation: 19-2-5-5 part.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-9. Board; Authority Relating to Employees; Payment of Expenses

Sec. 9. The board may employ, fix the compensation of, and prescribe the duties of engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and any other employees it considers necessary. The expenses incurred under this section shall be paid solely from money provided under this chapter.[Pre-Local Government Recodification Citation: 19-2-5-5 part.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-10. Construction, Acquisition, or Leasing of Sewage Works; Adoption of Resolution by Works Board or Other Body

Sec. 10. (a) If the works board or other appropriate body of the municipality determines to construct, acquire, or lease any sewage works, the works board or other appropriate body of the municipality shall adopt a resolution or resolutions:(1) setting forth a brief general description of the works and, if the works are to be constructed, a reference to the plans and specifications prepared and filed by an engineer chosen by the board;(2) setting forth the cost of the works, as estimated by the engineer, if the works are to be constructed;(3) ordering the construction, acquisition, or lease of the works;(4) setting forth an estimate of the fees for the several classes of users or property to be served;(5) ordering the issuance of revenue bonds of the municipality under this chapter, in the amount necessary to pay the cost of the works, if applicable; and(6) containing any other necessary provisions.(b) Unless all or part of the works is being constructed in compliance with an order of the department of environmental management to abate water pollution, notice of the adoption and the purport of the resolution or resolutions shall immediately be given by publication in accordance with IC 5-3-1.[Pre-Local Government Recodification Citation: 19-2-5-6 part.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.143-1985, SEC.197; P.L.35-1990, SEC.69; P.L.163-2017, SEC.4.
IN Code § 36-9-23-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-11. Cost Estimate

Sec. 11. The engineer's estimate of costs under section 10(a)(2) of this chapter must include:(1) the cost of acquiring or constructing the sewage works;(2) the cost of all property, easements, franchises, and other rights considered necessary or convenient for the works;(3) interest on bonds before and during the construction or acquisition, and for a period not exceeding twenty-four (24) months after completion of the construction or acquisition;(4) engineering expenses, including expenses for plans, specifications, and surveys;(5) legal expenses;(6) expenses for estimates of cost and of revenues;(7) administrative expenses; and(8) other expenses necessary or incidental to:(A) determining the feasibility of the works;(B) financing the works;(C) constructing or acquiring the works; and(D) placing the works in operation.[Pre-Local Government Recodification Citation: 19-2-5-1 part.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-12.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-12.5. User Moving to New Residence; Forwarding Final Bill

Sec. 12.5. Whenever a sewer user moves to a different residence from the one being supplied sewer service, but within the same municipality, the sewer utility shall forward the user's final sewer bill to the new address.As added by P.L.349-1985, SEC.4.
IN Code § 36-9-23-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-13. Preliminary Expenses; Payment From General Fund; Repayment From Bond Proceeds

Sec. 13. (a) All necessary preliminary expenses actually incurred by the board before the issuance and delivery of revenue bonds, including expenses incurred in:(1) making surveys;(2) estimating costs and revenues;(3) employing engineers or other employees;(4) giving notices; and(5) taking options;may be paid in the manner prescribed by this section.(b) The board shall, from time to time, certify the items of expense to the municipal fiscal officer, directing the fiscal officer to pay the amounts certified. The fiscal officer shall draw a warrant or warrants in the correct amounts on the general fund, without appropriation. If there is no money in the general fund, the fiscal officer shall request the municipal legislative body to transfer from other funds of the municipality an amount sufficient to meet the items of expense, or to make a temporary loan for this purpose. The legislative body shall comply with the request promptly.(c) Money transferred under subsection (b) shall be repaid by the board to the fund from which it was taken, out of the first proceeds of the sale of revenue bonds and before any other disbursements are made from those proceeds. The amount advanced to pay the preliminary expenses constitutes a first charge against the proceeds resulting from the sale of the revenue bonds until repaid.[Pre-Local Government Recodification Citation: 19-2-5-7.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.127-2017, SEC.314.
IN Code § 36-9-23-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-14. Condemnation; Authority; Security for Damages to Owner From Failure to Accept and Pay for Property; Purchase or Condemnation of Existing Works; Option or Contract; Repair Estimate

Sec. 14. (a) A municipality may, in the manner prescribed by IC 32-24, condemn:(1) sewage works; and(2) any land, easements, franchises, and other property it considers necessary for the construction of sewage works or for improvements to sewage works.However, the municipality may pay for any property condemned or purchased only from money provided under this chapter.(b) In any proceedings to condemn, orders that are just to the municipality and to the owners of the property to be condemned may be made. An undertaking or other security securing the property owners against any loss or damage resulting from the failure of the municipality to accept and pay for the property may be required, but the undertaking or security imposes liability upon the municipality only in the amount that may be paid from money provided under this chapter.(c) If the board wants to purchase sewage works, it may obtain and exercise an option for the purchase of the works, or may enter into a contract for the purchase in the manner and under the terms and conditions that it considers proper.(d) If the board wants to purchase or condemn sewage works already constructed, it must, at or before the time of adoption of the ordinance authorizing the acquisition, determine what repairs, replacements, additions, and other actions are required to make the works effective for their purpose. An estimate of the cost of these actions shall be included in the estimate of cost made under section 11 of this chapter. These actions shall be taken upon the acquisition of the works, as a part of the cost of the acquisition.[Pre-Local Government Recodification Citation: 19-2-5-8.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.2-2002, SEC.122.
IN Code § 36-9-23-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-15. Acquisition of Property Subject to Lien or Other Encumbrance

Sec. 15. Property upon which any lien or other encumbrance exists may not be acquired under this chapter unless, at the time the property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance in full.[Pre-Local Government Recodification Citation: 19-2-5-9.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-16. Sewage Treatment Plant Prerequisite; Contracts and Revenues; Construction of Connecting Sewers; Payment of Cost; Effect on Maturity Date of Bonds

Sec. 16. (a) A municipality that does not have a sewage treatment plant, and wants to acquire, construct, improve, operate, and maintain sewage works other than a sewage treatment plant, may proceed under this chapter only if it first contracts for the required treatment of the sewage emanating from its works.(b) A municipality owning and operating facilities for sewage treatment may contract to treat all or part of the sewage of:(1) any other municipality;(2) any facility of the department of correction; or(3) if a contract described in subdivision (2) is in effect, any person or entity, a municipal corporation, a private corporation, or a federal government facility that is located within five (5) miles of the sewer line connecting the municipality to the facility of the department of correction under the contract.The contracts must be authorized by ordinance and are subject to approval by the department of environmental management according to rules adopted by the environmental rules board as to the sufficiency of the provision for sewage treatment.(c) Unless otherwise provided in the authorizing ordinance or governing indenture, the revenues received by the owner under the contract are considered a part of the revenues of the owner's sewage treatment facilities, and shall be applied in accordance with the applicable statutes.(d) The necessary intercepting and connecting sewers and appurtenances to connect the sewage treatment facilities and sewage works of the contracting parties may be constructed in part or in whole by either of the contracting parties, as provided in the contract. For a municipality, the money to pay for this construction may be provided by the issuance of bonds under the applicable statutes, as part of the cost of the facilities or works of the respective parties.(e) All bonds issued under this section are payable before the expiration date of the contract. The parties may contract for the terms of the bonds, and for any term or terms beyond the last maturity of the bonds.[Pre-Local Government Recodification Citation: 19-2-5-10.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.143-1985, SEC.199; P.L.318-1989, SEC.1; P.L.113-2014, SEC.124.
IN Code § 36-9-23-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-17. Sources of Funds

Sec. 17. (a) This chapter does not authorize a municipality to make any contract or to incur any obligation that is not payable solely from money provided under this chapter.(b) Money for the costs of the sewage works or any improvement of the works may be provided only:(1) by the issuance of revenue bonds of the municipality;(2) from a cumulative fund established by the municipality for that purpose; or(3) by grant or loan from the federal government or any of its agencies.(c) A municipality obtaining a loan from the federal government or a federal agency may issue its obligations under this chapter to the federal government or federal agency to evidence its indebtedness. The obligations are not a corporate indebtedness of the municipality, are payable solely from the revenues of the sewage works, and may be made of equal priority or subordinate to any other revenue bonds issued or to be issued under this chapter.(d) Notwithstanding subsection (b), money to finance the construction of any of the self-liquidating works authorized by this chapter may be obtained from any state or federal agency.(e) Notwithstanding subsection (b), any industrial cost recovery received by the municipality and required to be paid by industrial users under the terms of a federal grant are not considered revenues under this chapter. The municipal legislative body may use industrial cost recovery grants as provided by the terms of federal grants.[Pre-Local Government Recodification Citations: 19-2-5-11 part; 19-2-5-12 part; 19-2-5-20 part.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-19. Bonds; Actions to Contest Validity; Limitations

Sec. 19. Any action to contest the validity of revenue bonds issued under this chapter must be brought at least five (5) days before the advertised date for the sale of the bonds.[Pre-Local Government Recodification Citation: 19-2-5-12 part.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-20. Bonds; Disposition of Proceeds; Lien of Holders or Trustee

Sec. 20. (a) The first proceeds of any revenue bonds issued under this chapter shall be used to repay all amounts advanced for preliminary expenses under section 13 of this chapter. The remaining proceeds of the bond issue shall be applied to the cost of acquiring, constructing, or improving the sewage works.(b) After the payments required by subsection (a) have been made, any proceeds of the bond issue that have not been spent shall be deposited in the sinking fund established by section 21 of this chapter.(c) The holders of the revenue bonds, or the trustees under section 22 of this chapter, have a lien on the bond proceeds until they are applied under this section.[Pre-Local Government Recodification Citations: 19-2-5-12 part; 19-2-5-14.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-21. Bonds; Sinking Fund

Sec. 21. At or before the time of issuance of revenue bonds under this chapter, the municipal legislative body, by ordinance, shall:(1) establish a sinking fund for the payment of:(A) the principal of and interest on the bonds; and(B) the charges of banks or trust companies for making payment of the principal or interest; and(2) pledge the net revenues of the sewage works, after the payment of the reasonable expense of operation, repair, and maintenance of the works, to the payment of the expenses described in subdivision (1).The ordinance may also provide for the accumulation of reasonable reserves in the sinking fund as a protection against default, and for the payment of premiums on bonds retired by call or purchase under this chapter.[Pre-Local Government Recodification Citation: 19-2-5-16.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-22. Bonds; Security by Trust Indenture Permitted; Terms of Indenture

Sec. 22. (a) The municipal legislative body may secure revenue bonds issued under this chapter by a trust indenture between the municipality and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana, or another state. However, such a trust indenture may not convey or mortgage any part of the sewage works.(b) The ordinance authorizing the revenue bonds may provide that:(1) the trust indenture may contain reasonable provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the municipality and the board in relation to:(A) the construction, acquisition, improvement, operation, repair, maintenance, and insurance of the sewage works; and(B) the custody, safeguarding, and application of all money; and(2) the works shall be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the board and satisfactory to the original bond purchasers or their successors, assigns, or nominees, who may be given the right to specify the security to be given by contractors and by any depository of the proceeds of bonds, revenues of the works, or other money pertaining to the works.(b) The trust indenture may set forth the rights and remedies of the bondholders and trustee, restricting the individual right of action of bondholders as is customary in a trust indenture securing bonds and debentures of corporations. Except as otherwise provided in this chapter, the municipal legislative body may, by ordinance or in the trust indenture, specify:(1) the officer, board, or depository that shall collect the proceeds of the sale of the bonds and the revenues of the sewage works; and(2) the method of disbursing the proceeds and revenues.[Pre-Local Government Recodification Citation: 19-2-5-15.]As added by Acts 1981, P.L.309, SEC.96.