reglab/housing_qa huggingface dataset:
IN Code § 36-9-24-3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-3. Authorization

Sec. 3. (a) A municipality may lease sewage disposal facilities from a sewage disposal company that:(1) holds a certificate of territorial authority under IC 8-1-2-89; and(2) is a corporation organized under Indiana law for the purpose of acquiring, constructing, and leasing sewage disposal facilities to a municipality.(b) In addition to the authority described in subsection (a), a municipality may lease from any person facilities to provide for treatment or disposal of sludge generated by the municipality's sewage works. The lessor under this subsection may be an individual, partnership, corporation, or other entity organized to lease sewage works to a municipality. Notwithstanding any other law, a lessor may acquire, construct, and lease facilities described in this subsection to a municipality without the approval of the utility regulatory commission.(c) The municipality may operate the leased facilities in conjunction with the operation of the municipally owned sewage works.[Pre-Local Government Recodification Citations: 19-2-5.5-1 part; 19-2-5.5-2 part.]As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.5-1988, SEC.222; P.L.186-1988, SEC.2.
IN Code § 36-9-24-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-4. Maximum Duration; Options to Renew

Sec. 4. The term of a lease under this chapter may not exceed fifty (50) years. However, the lease must provide that the municipality has an option to renew the lease for a further term on similar conditions.[Pre-Local Government Recodification Citation: 19-2-5.5-3 part.]As added by Acts 1981, P.L.309, SEC.97.
IN Code § 36-9-24-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-5. Options to Purchase; Authorization of Bonds to Finance Purchase; Disposition of Property When Option Not Exercised

Sec. 5. (a) A lease under this chapter must provide that the municipality has an option to purchase the property covered by the lease, under the terms and conditions specified in the lease.(b) If the municipality exercises the option to purchase, it may obtain money to pay the purchase price by issuing and selling revenue bonds under the statutes governing the issuance and sale of sewage works revenue bonds for additions and extensions to the municipally owned sewage works.(c) If the municipality does not exercise the option to purchase, the property covered by the lease becomes the absolute property of the municipality when:(1) the lease has expired; and(2) the municipality has discharged and performed all its obligations under the lease.The lessor shall then execute proper instruments conveying good and merchantable title to the property to the municipality.[Pre-Local Government Recodification Citation: 19-2-5.5-3 part.]As added by Acts 1981, P.L.309, SEC.97.
IN Code § 36-9-24-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-6. Optional Provisions of Leases; Payment of Taxes, Assessments, Insurance, and Maintenance Expenses

Sec. 6. (a) A lease under this chapter may provide that:(1) as part of the lease rental for the facilities, the municipality shall agree to:(A) pay all property taxes and assessments levied against or on account of the facilities; and(B) maintain insurance on the facilities for the benefit of the lessor; and(2) the municipality shall assume all responsibilities for the operation, maintenance, repair, alteration, and extension of the facilities.(b) However, the lease rental and the expenses incurred under this chapter are payable solely from the revenues derived from sewage and sewer fees to be collected by the municipality from property and users in the area served by the facilities.[Pre-Local Government Recodification Citation: 19-2-5.5-4.]As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.3.
IN Code § 36-9-24-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-7. Proposed Leases; Notice and Hearing

Sec. 7. (a) When a municipality and a lessor agree on the terms and conditions of a lease proposed to be entered into under this chapter, notice of a hearing to be held before the municipal legislative body shall be given to all interested persons by publication in accordance with IC 5-3-1. The notice must name the date, place, and hour of the hearing, and set forth a summary of the principal terms of the lease agreed upon, including the name of the lessor, the character of the property to be leased, the lease rental to be paid, and the number of years the lease is to be in effect.(b) The date of the hearing may not be less than twenty (20) days after publication of the notice.(c) The proposed lease shall be kept available for inspection by the public before and at the hearing.(d) At the hearing, all interested persons are entitled to be heard as to the necessity for the execution of the lease and whether the rental to be paid to the proposed lessor under the lease is a fair and reasonable rental for the facilities. The hearing may be adjourned to a later date or dates.(e) After the hearing, the municipal legislative body may authorize the execution of the lease as originally agreed on, or may, with the consent of the proposed lessor, modify the lease. However, the lease rental as set out in the published notice may not be increased without a new notice and hearing.[Pre-Local Government Recodification Citation: 19-2-5.5-6.]As added by Acts 1981, P.L.309, SEC.97. Amended by Acts 1981, P.L.45, SEC.63; P.L.186-1988, SEC.4.
IN Code § 36-9-24-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-8. Notice of Signing of Lease Contract; Petitions, Notice, and Hearing Concerning Objections to Lease Rental

Sec. 8. (a) When a municipal legislative body authorizes the execution of a lease under section 7 of this chapter, notice of the signing of the contract shall be given by publication in the manner prescribed by section 7 of this chapter. Within thirty (30) days after publication of the notice, fifty (50) or more of the:(1) users in the municipality served by the municipally owned sewage works; or(2) users served by the facilities to be leased;may file with the utility regulatory commission (if the lessor is leasing facilities under section 3(a) of this chapter), or with the circuit or superior court of the county where the facility is located (if the lessor is leasing facilities under section 3(b) of this chapter), a petition setting forth their objections to the lease rental, including facts showing that the lease rental is not fair and reasonable.(b) On receipt of the petition, the commission or the court shall fix a time and place for a hearing on whether the lease rental is fair and reasonable. The hearing may not be less than twenty (20) nor more than sixty (60) days after the commission's or the court's receipt of the petition. At least ten (10) days before the date of the hearing, the commission or the court shall mail notice of the hearing to:(1) the municipal executive;(2) the municipality; and(3) the first ten (10) petitioners listed on the petition, at their usual place of residence.(c) The decision of the commission or the court as to whether the lease rental is fair and reasonable is final.[Pre-Local Government Recodification Citation: 19-2-5.5-7.]As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.23-1988, SEC.126; P.L.186-1988, SEC.5.
IN Code § 36-9-24-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-9. Limitations on Actions to Contest Leases

Sec. 9. An action to contest the validity of a lease under this chapter, or to enjoin the performance of any of the terms and conditions of such a lease, may not be instituted later than:(1) thirty (30) days after publication of notice under section 8(a) of this chapter; or(2) if a petition has been filed with the utility regulatory commission or the court twenty (20) days after the decision of the commission or the court.[Pre-Local Government Recodification Citation: 19-2-5.5-8 part.]As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.23-1988, SEC.127; P.L.186-1988, SEC.6.
IN Code § 36-9-24-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-10. Determination of Sufficiency by Department of Environmental Management

Sec. 10. A lease under this chapter does not become effective until its provisions for sewage treatment have been found sufficient by the department of environmental management according to rules adopted by the environmental rules board.[Pre-Local Government Recodification Citation: 19-2-5.5-8 part.]As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.143-1985, SEC.201; P.L.113-2014, SEC.126.
IN Code § 36-9-24-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-11. Fees; Establishment; Procedure

Sec. 11. (a) A municipality that leases facilities under this chapter may, by ordinance, establish, bill, and collect fees from the property and users in the area served by the leased facilities. The fees must be sufficient to pay the costs of operation, maintenance, repair, alterations, depreciation, additions, and extensions of the leased facilities, and to pay the lease rental as it becomes due.(b) The municipal legislative body may use one (1) or more of the following factors to establish the fees:(1) A flat charge for each sewer connection.(2) The amount of water used on or in the property.(3) The number and size of water outlets on the property.(4) The amount, strength, or character of the sewage discharged into the sewers.(5) The size of sewer connections.(6) Any other factors the legislative body considers necessary.(c) After introduction of the ordinance establishing the fees, but before it is finally adopted, the municipal legislative body shall hold a public hearing at which all of the users of the leased facilities and owners of property served or to be served by the facilities may be heard concerning the proposed fees. Notice of the hearing, setting forth the proposed schedule of fees, shall be published in accordance with IC 5-3-1. The hearing may be adjourned from time to time.(d) After the hearing, the municipal legislative body shall adopt the ordinance establishing the fees, either as originally introduced or as modified.(e) The fees established for any class of users shall be extended to cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.(f) The municipal legislative body may change or readjust the fees in the same manner by which they were established.(g) The fees established and collected by the municipality are not subject to the jurisdiction of the utility regulatory commission.(h) The municipality may collect delinquent fees in the manner provided by IC 36-9-23-31 through IC 36-9-23-34.[Pre-Local Government Recodification Citation: 19-2-5.5-5.]As added by Acts 1981, P.L.309, SEC.97. Amended by Acts 1981, P.L.45, SEC.64; P.L.23-1988, SEC.128; P.L.186-1988, SEC.7.
IN Code § 36-9-24-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-12. Tax Liability and Exemptions

Sec. 12. Facilities leased to a municipality under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of such a lease is subject to all applicable taxes.[Pre-Local Government Recodification Citation: 19-2-5.5-9.]As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.8.
IN Code § 36-9-24-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-13. Exception From Compliance With Certain Statutes

Sec. 13. Except as specifically required in this chapter, a municipality acting under this chapter need not comply with other statutes concerning the lease and acquisition of facilities by municipalities.[Pre-Local Government Recodification Citations: 19-2-5.5-10; Acts 1975, P.L.211, SECTION 2.]As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.9.
IN Code § 36-9-24-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-14. Operation and Lease of Facilities Within One Mile of Boundaries Considered Furnishing of Sewage and Sewer Service

Sec. 14. A municipality that leases and operates sewage disposal facilities in an area within one (1) mile outside its corporate boundaries is considered to be furnishing sewage and sewer service in that area for purposes of IC 36-4-3-13.[Pre-Local Government Recodification Citation: 19-2-5.5-2 part.]As added by Acts 1981, P.L.309, SEC.97.
IN Code § 36-9-25-1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-1. Application of Chapter

Sec. 1. (a) This chapter applies to the following:(1) A second class city located in a county having a population of more than one hundred eleven thousand (111,000) but less than one hundred fifteen thousand (115,000).(2) Each municipality in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) in which the legislative body has adopted this chapter by ordinance.(b) This chapter also applies to each second class city not in such a county in which the legislative body has adopted this chapter by ordinance.(c) In addition, in a consolidated city, sections 9 through 38 of this chapter apply to the department of public works and the board of public works, subject to IC 36-3-4-23.[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-27-1 part; 19-2-27-3; subsection (b) formerly 19-2-14-32 part; 19-2-28-1 part; 19-2-28-6; 19-2-28.5-1; 19-2-28.5-3 part; subsection (c) formerly 18-4-2-9(a) part.]As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.12-1992, SEC.179; P.L.80-1997, SEC.19; P.L.170-2002, SEC.168; P.L.119-2012, SEC.230.
IN Code § 36-9-25-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-2. Definitions

Sec. 2. As used in this chapter:"Board" refers to a board of sanitary commissioners, or board of public works of a consolidated city."Department" refers to a department of public sanitation, or department of public works of a consolidated city."District" means the area within the jurisdiction of a department.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.309, SEC.98.
IN Code § 36-9-25-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-4. Commissioners; Terms of Office; Vacancies

Sec. 4. (a) The initial terms of the commissioners are as follows:(1) If the department is established under section 1(a) of this chapter, the initial terms are one (1), two (2), and three (3) years for the first three (3) commissioners. If additional commissioners are appointed, their initial terms are four (4) years.(2) If the department is established under section 1(b) of this chapter, the initial terms of the two (2) appointed commissioners are four (4) and three (3) years respectively. However, if a third commissioner has also been appointed, the commissioner's initial term is two (2) years.All terms begin on January 1 following the establishment of the department.(b) As the initial terms expire, successors shall be appointed for four (4) year terms. In a county that is listed in section 3(b)(3) of this chapter, the appointments must be made before January 16 in the year the term begins. If a vacancy occurs on the board, the appointing authority shall appoint a commissioner for the remainder of the term within thirty (30) days after the vacancy occurs.[Pre-Local Government Recodification Citations: subsection (a)(1) formerly 19-2-27-1 part; subsections (a)(2), (b) formerly 19-2-14-1 part; 19-2-14-32 part; 19-2-28-5 part; 19-2-28.5-3 part.]As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.65; P.L.320-1989, SEC.2; P.L.12-1992, SEC.181.
IN Code § 36-9-25-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-5. Commissioners; Removal From Office; Appeals

Sec. 5. (a) A commissioner may not be removed from office except upon charges preferred before the municipal executive and a hearing held on them. The only permissible reasons for removal are neglect of duty and incompetence. The commissioner must be given at least ten (10) days' notice of the time and place of the hearing and the opportunity to produce evidence and examine and cross-examine witnesses. All testimony shall be given under oath. The municipal executive shall put the municipal executive's findings in writing and file them with the municipal clerk.(b) If the charges are sustained and the commissioner removed, the commissioner may appeal the findings within ten (10) days after the date they are filed with the clerk to the circuit or superior court of the county in which the municipality is located. The commissioner shall file an original complaint against the executive, stating the charges preferred and the findings made. The court shall hear the appeal within thirty (30) days after it is filed without a jury and shall either ratify or reverse the finding of the executive. The judgment of the court is final and an appeal may not be taken.[Pre-Local Government Recodification Citation: 19-2-14-1 part.]As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.317.
IN Code § 36-9-25-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-6. Commissioners; Meetings; Officers; Quorum; Approval of Actions; Adoption of Rules

Sec. 6. (a) Within six (6) months after the date this chapter is adopted by ordinance, or within thirty (30) days after the commissioners are appointed in a county that is listed in section 3(b)(3) of this chapter, the board shall hold a meeting for the purpose of organization. The board shall choose one (1) of its members to be president and another to be vice president, who shall perform the usual duties of those offices. The officers serve for a period of one (1) year or until their successors are elected and qualified. The municipal fiscal officer shall perform the same duties with the funds and accounts of the board as with the funds and accounts of the other executive departments of the municipality, except as otherwise provided in this chapter. The fiscal officer receives no additional compensation for performing these duties.(b) A majority of the members of the board constitutes a quorum, and the concurrence of a majority is necessary for any action of the board. The board shall hold regular meetings at the times it fixes and may call special meetings at the times and upon the notice that it fixes by rule or resolution. All meetings must be open to the public. The board may adopt the rules that it considers necessary to conduct its meetings and business and to control and manage the property under its jurisdiction.[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-14-2 part; 19-2-28-5 part; 19-2-28.5-3 part; subsections (b), (c), (d) formerly 19-2-14-2 part.]As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.66; P.L.12-1992, SEC.182.
IN Code § 36-9-25-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-7. Certain Cities; Effect of Adoption of Chapter; Enabling Ordinances

Sec. 7. (a) This section applies to cities in a county that is listed in section 3(b)(3) of this chapter. However, subsections (b) and (c) of this section also apply to municipalities that adopt this chapter by ordinance under section 1(a) of this chapter.(b) This chapter does not affect the enabling ordinances, the duties of the municipality, or the rights of bondholders with regard to sewage works revenue bonds or other outstanding revenue bonds issued before this chapter was adopted by ordinance.(c) Adoption of this chapter by ordinance does not affect the system of fees for sewage treatment. All revenue derived from fees shall be applied only to the following purposes:(1) The administrative expense, operation, construction, and maintenance of sewage works.(2) The retirement of outstanding revenue bonds and any additional revenue bonds that may be issued for construction of sewage works and improvements, additions, and extensions to them.(3) The payment of the cost of improvements, additions, and extensions to the extent permitted by the ordinances authorizing the issuance of revenue bonds.(d) The ordinance adopting this chapter must specify that the district initially includes all territory within the corporate boundaries of the city, including any territory, addition, platted subdivision, or unplatted land lying outside the corporate boundaries of the city that has been taken into or has been connected with the public sanitation system of the city in accordance with another statute if the sewage or drainage of that area discharges into or through the sewage system of the city.[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 19-2-28-1 part; 19-2-28.5-3 part; subsection (c) formerly 19-2-28-2; 19-2-28.5-3 part; subsection (d) formerly 19-2-28-4; 19-2-28.5-3 part.]As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.67; P.L.12-1992, SEC.183.