reglab/housing_qa huggingface dataset:
IN Code § 8-1.5-5-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-2. "Board" Defined

Sec. 2. As used in this chapter, "board" means the following:(1) For a consolidated city, the board of public works established by IC 36-3-5-6.(2) For all other municipalities, the:(A) board of directors described in section 4 of this chapter; or(B) board that controls the third class city's municipally owned utilities under IC 8-1.5-3-3(a) if the city has adopted an ordinance under IC 8-1.5-3-3(a) that provides for the control of any or all of the city's storm water facilities by the board that controls the city's municipally owned utilities.(3) For a county:(A) the county executive; and(B) the county surveyor.As added by P.L.125-1987, SEC.1. Amended by P.L.93-1993, SEC.3; P.L.98-1993, SEC.1; P.L.282-2003, SEC.4.
IN Code § 8-1.5-5-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-3. "Department" Defined

Sec. 3. As used in this chapter, "department" means the following:(1) For a consolidated city, the department of public works.(2) For all other municipalities, the department of storm water management established under section 4 of this chapter.(3) For a county, the department of storm water management established under section 4.5 of this chapter.As added by P.L.125-1987, SEC.1. Amended by P.L.93-1993, SEC.4; P.L.98-1993, SEC.2; P.L.282-2003, SEC.5.
IN Code § 8-1.5-5-3.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-3.5. "District" Defined

Sec. 3.5. As used in this chapter, "district" means the special taxing district established by section 5 of this chapter.As added by P.L.93-1993, SEC.5 and P.L.98-1993, SEC.3.
IN Code § 8-1.5-5-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-4. Board of Storm Water Management; Directors

Sec. 4. (a) This section applies to all municipalities except a consolidated city.(b) If the legislative body of a municipality adopts the provisions of this chapter by ordinance, a department of storm water management is established and is controlled by a board of directors.(c) Except as provided in subsections (f) and (g), the board consists of three (3) directors. The executive of the municipality shall appoint the directors.(d) Except as provided in subsections (f) and (g), the legislative body shall prescribe, by ordinance, the terms of the directors. However, the legislative body must prescribe the initial terms of the directors so that they will be staggered.(e) The executive may remove a director at any time when, in the judgment of the executive, it is for the best interest of the department.(f) If a second class city has a department of public sanitation under IC 36-9-25, the executive of the city may appoint the members of the board of sanitary commissioners as the board of directors of the department of storm water management. The terms of the members of the board of directors are the same as the terms of the members of the board of sanitary commissioners under IC 36-9-25-4.(g) If a third class city:(1) has a board that controls the city's municipally owned utilities under IC 8-1.5-3-3(a); and(2) has adopted an ordinance under IC 8-1.5-3-3(a) that provides for the control of any or all of the city's storm water facilities by the board that controls the city's municipally owned utilities;the members of the board that controls the city's municipally owned utilities shall serve as the board of directors of the department of storm water management, subject to any transition procedure specified in the ordinance under IC 8-1.5-3-3(b). The terms of the members of the board of directors are the same as the terms of the members of the board that controls the city's municipally owned utilities under IC 8-1.5-3-3(a), subject to the completion of any transition procedure specified in the ordinance under IC 8-1.5-3-3(b).(h) A member of the board of directors of the department of storm water management who:(1) is appointed under subsection (f); or(2) is a member of the board under subsection (g) and receives a salary as a member of the board that controls the third class city's municipally owned utilities;is not entitled to a salary for serving as a member of the board of directors of the department of storm water management. However, a member shall be reimbursed for necessary expenses incurred by the member in the performance of official duties.As added by P.L.125-1987, SEC.1. Amended by P.L.93-1993, SEC.6; P.L.98-1993, SEC.4; P.L.5-1998, SEC.1; P.L.282-2003, SEC.6; P.L.164-2019, SEC.4.
IN Code § 8-1.5-5-4.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-4.5. County Department of Storm Water Management; Board of Directors; Compensation

Sec. 4.5. (a) This section applies to a county.(b) If the county executive adopts the provisions of this chapter by ordinance, a department of storm water management is established and is controlled by a board of directors.(c) An ordinance adopted under this section shall provide for the appointment of:(1) the members of the county executive; and(2) the county surveyor;as the board of directors of the department. The term of office of a member of the board who is appointed from the membership of the county executive is coextensive with the member's term of office on the county executive. The term of the surveyor or the surveyor's designee as a member of the board is coextensive with the surveyor's term of office.(d) A member of the board of directors is not entitled to a salary or per diem for serving as a member of the board of directors. However, a member shall be reimbursed for necessary expenses incurred by the member in the performance of official duties.As added by P.L.282-2003, SEC.7.
IN Code § 8-1.5-5-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-5. Special Taxing District

Sec. 5. (a) The ordinance adopting the provisions of this chapter creates a special taxing district that includes the following:(1) For a consolidated city, all of the territory of the county containing the consolidated city.(2) For all other municipalities, all territory within the corporate boundaries of the municipality.(3) For a county, all the territory in the county that is not located in a municipality.(b) All the territory within the district constitutes a special taxing district for the purpose of providing for the collection and disposal of storm water of the district in a manner that protects the public health and welfare and for the purpose of levying special benefit taxes for purposes of storm water collection and disposal. All territory in the district and all territory added to the district is considered to have received a special benefit from the storm water collection and disposal facilities of the district equal to or greater than the special taxes imposed on the territory under this chapter in order to pay all or part of the costs of such facilities.As added by P.L.125-1987, SEC.1. Amended by P.L.93-1993, SEC.7; P.L.98-1993, SEC.5; P.L.282-2003, SEC.8.
IN Code § 8-1.5-5-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-6. Powers of Board

Sec. 6. The board has the powers and duties prescribed by IC 8-1.5-3-4(a). In addition, the board may:(1) hold hearings following public notice;(2) make findings and determinations;(3) install, maintain, and operate a storm water collection and disposal system;(4) make all necessary or desirable improvements of the grounds and premises under its control; and(5) issue and sell bonds of the district in the name of the unit served by the department for the acquisition, construction, alteration, addition, or extension of the storm water collection and disposal system or for the refunding of any bonds issued by the board.As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.9.
IN Code § 8-1.5-5-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-7. Financing of Facilities; User Fees

Sec. 7. (a) The acquisition, construction, installation, operation, and maintenance of facilities and land for storm water systems may be financed through:(1) proceeds of special taxing district bonds of the storm water district;(2) the assumption of liability incurred to construct the storm water system being acquired;(3) service rates;(4) revenue bonds; or(5) any other available funds.(b) Except as provided in IC 36-9-23-37, the board, after holding a public hearing with notice given under IC 5-3-1 and obtaining the approval of the fiscal body of the unit served by the department, may assess and collect user fees from all of the property of the storm water district for the operation and maintenance of the storm water system. The amount of the user fees must be the minimum amount necessary for the operation and maintenance of the storm water system. The assessment and collection of user fees under this subsection by the board of a county must also be approved by the county executive.(c) The collection of the fees authorized by this section may be effectuated through a periodic billing system or through a charge appearing on the semiannual property tax statement of the affected property owner.(d) The board shall use one (1) or more of the following factors to establish the fees authorized by this section:(1) A flat charge for each lot, parcel of property, or building.(2) The amount of impervious surface on the property.(3) The number and size of storm water outlets on the property.(4) The amount, strength, or character of storm water discharged.(5) The existence of improvements on the property that address storm water quality and quantity issues.(6) The degree to which storm water discharged from the property affects water quality in the storm water district.(7) Any other factors the board considers necessary.(e) The board may exercise reasonable discretion in adopting different schedules of fees or making classifications in schedules of fees based on:(1) variations in the costs, including capital expenditures, of furnishing services to various classes of users or to various locations;(2) variations in the number of users in various locations; and(3) whether the property is used primarily for residential, commercial, or agricultural purposes.As added by P.L.125-1987, SEC.1. Amended by P.L.176-2002, SEC.6; P.L.282-2003, SEC.10; P.L.114-2008, SEC.3.
IN Code § 8-1.5-5-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-8. Fixing and Setting Aside Revenues

Sec. 8. The board may fix and set aside:(1) revenues of the department necessary for reasonable and proper operation and maintenance;(2) revenues for a proper and adequate depreciation account; and(3) revenues to be applied to the payment of the principal and interest of the authorized bonds.As added by P.L.125-1987, SEC.1.
IN Code § 8-1.5-5-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-9. Maintenance Account; Surplus

Sec. 9. (a) In fixing the revenues of the department required for operation and maintenance, the board shall consider the cost of the operation and maintenance of the department.(b) If a surplus is accumulated in the operating and maintenance account, the board may transfer any excess over that surplus to:(1) the depreciation account, to be used for any improvements, extensions, or additions to the storm water system; or(2) the bond and interest redemption account.As added by P.L.125-1987, SEC.1.
IN Code § 8-1.5-5-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-10. Bond and Interest Redemption Account; Surplus

Sec. 10. (a) The revenues set aside for the payment of the principal and interest of the authorized bonds shall be deposited and credited to a special account identified as "the bond and interest redemption account".(b) In determining the amount that is to be set aside for the payment of the principal and interest of the authorized bonds, the board may provide that the amount to be set aside and paid into the bond and interest redemption account for any year or years should not exceed a fixed sum, which must be at least sufficient to provide for the payment of the interest and principal of the bonds maturing and becoming payable in each year.(c) If a surplus is created in the bond and interest redemption account, the board may transfer any excess over the surplus to:(1) the operation and maintenance account; or(2) the depreciation account.As added by P.L.125-1987, SEC.1.
IN Code § 8-1.5-5-11 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-11. Depreciation Account; Use of Revenues

Sec. 11. The revenues set aside to the depreciation account shall be expended for:(1) the repair of the storm water system;(2) new acquisition, construction, extensions, or additions to the property of the storm water system; or(3) transfer to the bond and interest redemption account to prevent a default.As added by P.L.125-1987, SEC.1.
IN Code § 8-1.5-5-12 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-12. Assumption and Payment of Liability Upon Acquisition of Storm Water System

Sec. 12. (a) If the board acquires a storm water system and assumes the liability incurred by the seller to construct the storm water system, the principal and interest on the liability so assumed shall be paid from the bond and interest redemption account in the same manner as bonds of the district would be paid, and the board shall set aside sufficient revenues to comply with the requirements of the instrument creating the liability.(b) A unit acquiring a storm water system may not assume any liability for the payment of a secured debt or charge other than the obligation to apply the revenues in the manner prescribed in the ordinance.(c) The board may issue bonds in exchange for, or satisfaction of, the liability assumed in the acquisition of a storm water system. The bonds so issued may not be issued at less than ninety-seven percent (97%) of the par value thereof in exchange for, or satisfaction of, the liability. Notwithstanding section 13(c) of this chapter, bonds issued in exchange for, or satisfaction of, the liability need not be sold in accordance with IC 5-1-11. However, the interest rate on such bonds may not exceed the average yield on municipal revenue bonds of comparable credit rating and maturity as of the end of the week immediately preceding the issuance of the bonds.As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.11.
IN Code § 8-1.5-5-13 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-13. District Bonds; Nature

Sec. 13. (a) The bonds of the district are:(1) a valid claim of the holders only against the bond and interest redemption account and the revenues of the storm water system; and(2) exempt from taxation in Indiana as provided by IC 6-8-5.(b) The bonds may be issued either as registered bonds or as coupon bonds payable to the bearer.(c) Except as provided in this chapter or IC 5-1-5, bonds shall be sold in accordance with IC 5-1-11. The registration of bonds does not affect negotiability.As added by P.L.125-1987, SEC.1.
IN Code § 8-1.5-5-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-14. Bond Issue

Sec. 14. A board acquiring a storm water system and paying for it and for extensions and betterments authorized at the time of acquisition may provide for the combined cost in one (1) issue of bonds. The board shall issue and secure the bonds in the manner provided in this chapter to provide funds for the original construction of a storm water system.As added by P.L.125-1987, SEC.1.
IN Code § 8-1.5-5-15 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-15. Use of Bond Proceeds; Actions to Compel Performance; Actions Upon Default

Sec. 15. (a) All money received from bonds issued under this chapter shall be applied solely to the acquisition, construction, repair, and maintenance of the storm water system, the cost of the issuance of the bonds, and the creation of any reserve for the bonds.(b) Any holder of the bonds may bring a civil action to compel performance of all duties required by this chapter of the board issuing the bonds or of any officer of the board, including the following:(1) Making and collecting reasonable and sufficient user fees lawfully established for service rendered by the storm water system.(2) Segregating the income and revenues of the department.(3) Applying the respective funds created under this chapter.(c) If there is any default in the payment of the principal or interest of any of the bonds, a court having jurisdiction of the action may:(1) appoint an administrator or receiver to administer the storm water system on behalf of the unit served by the department and the bondholders, with power to:(A) charge and collect user fees lawfully established sufficient to provide for the payment of the operating expenses and also to pay any bonds or obligations outstanding against the storm water system; and(B) apply the income and revenues in conformity with this chapter and the ordinance; or(2) declare the whole amount of the bonds due and payable and direct the sale of the storm water system.Under a sale ordered under subdivision (2), the purchaser is vested with an indeterminate permit as defined in IC 8-1-2-1 to maintain and operate the storm water system to collect and dispose of storm water for the unit served by the department and its citizens.As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.12.
IN Code § 8-1.5-5-16 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-16. Charge for Services in a Municipality; Deposit of Funds

Sec. 16. (a) This section applies to a municipality.(b) The reasonable cost and value of any service rendered to the municipality by the storm water system by furnishing storm water collection and disposal shall be:(1) charged against the municipality; and(2) paid for as the service accrues out of:(A) the current revenues of the municipality, collected or in process of collection; or(B) the tax levy of the municipality made by it to raise money to meet its necessary current expenses.(c) The compensation for the service provided to the municipality shall, in the manner prescribed by this chapter, be treated as revenues of the system and paid into the funds created under this chapter.As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.13.
IN Code § 8-1.5-5-16.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-16.5. Charge for Services in a County; Deposit of Funds

Sec. 16.5. (a) This section applies to a county.(b) The reasonable cost and value of any service rendered to the county by the storm water system by furnishing storm water collection and disposal shall be:(1) charged against all the territory in the county, except territory within a municipality; and(2) paid for as the service accrues out of:(A) the current revenues of the county, collected or in process of collection; or(B) the tax levy of the county made by the county to raise money to meet the county's necessary current expenses.(c) The compensation for the service provided to the county shall, in the manner prescribed by this chapter, be treated as revenues of the system and paid into the funds created under this chapter.As added by P.L.282-2003, SEC.14.
IN Code § 8-1.5-5-18 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-18. Remonstrances

Sec. 18. (a) At the time fixed for the hearing or before the hearing, the following persons may file a written remonstrance with the board:(1) The owner of real property, rights-of-way, or other property to be appropriated under the resolution.(2) A person injuriously affected by the appropriation.(3) A person owning real or personal property within the storm water district.(b) The board shall:(1) hear all persons interested in the proceedings;(2) hear all the remonstrances that have been filed; and(3) take action to confirm, modify, or reject the resolution.As added by P.L.125-1987, SEC.1.
IN Code § 8-1.5-5-19 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-19. Appeal

Sec. 19. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the storm water district is located.(b) A remonstrator desiring to appeal the action of the board shall, within thirty (30) days after the final action of the board, file in the office of the clerk of the circuit or superior court a copy of the order of the board and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against the remonstrator.(c) The court may hear the appeal only if the question is whether the board acted arbitrarily or capriciously in adopting the resolution.(d) The cause shall be tried by the court without a jury.(e) All remonstrances upon which appeals are taken may be consolidated and heard as one (1) claim for relief by the court.As added by P.L.125-1987, SEC.1.
IN Code § 8-1.5-5-20 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 5. Department of Storm Water Management|8-1.5-5-20. Property Held in Name of Unit Served by the Department

Sec. 20. All real property, rights-of-way, or other property acquired by purchase or appropriation shall be taken and held in the name of the unit served by the department.As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.15.