reglab/housing_qa huggingface dataset:
IN Code § 8-1.5-2-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-14. Costs of Construction or Acquisition; Security for Payment

Sec. 14. A municipality that constructs or acquires a utility may, through its municipal legislative body, provide for and secure the payment of the cost of constructing, acquiring, extending, or improving the utility by assigning or otherwise pledging the property acquired, together with the net earnings or profits derived or to be derived from the operation of the utility or utilities. Contracts, warrants, debentures, or pledges of future revenues entered into by a municipally owned utility are not an indebtedness of the municipality within the meaning of any constitutional debt limitation.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-15 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-15. Condemnation; Authorization

Sec. 15. (a) This section applies to the following:(1) A municipality that, as of July 1, 2012, had established and operated a water utility.(2) An action brought under:(A) IC 8-1-2-92;(B) IC 8-1-2-93; or(C) this chapter;before March 1, 2013.(b) If the municipality and the owners of a public utility are unable to agree upon a price to be paid for the property of the public utility, the municipality may:(1) by ordinance declare that a public necessity exists for the condemnation of the utility property; and(2) bring an action in the circuit or superior court of the county where the municipality is located against the utility for the condemnation of the property.(c) An ordinance adopted under subsection (b) is final.(d) For the purpose of acquiring the property of a public utility, the municipality:(1) may exercise the power of eminent domain in accordance with IC 32-24; and(2) is required only to establish the necessity of taking as this chapter requires.(e) The provisions of this section do not apply to the acquisition of electric utility property or the assignment of service areas covered by IC 8-1-2.3 and IC 8-1-2-95.1.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.2-2002, SEC.38; P.L.270-2013, SEC.5.
IN Code § 8-1.5-2-15.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-15.5. Condemnation of Public Utility

Sec. 15.5. (a) This section does not apply to the following:(1) A municipality that, as of July 1, 2012, had established a water utility.(2) An action brought under:(A) IC 8-1-2-92;(B) IC 8-1-2-93; or(C) this chapter;before March 1, 2013.(3) The acquisition of electric utility property or the assignment of service areas covered by IC 8-1-2.3 and IC 8-1-2-95.1.(4) The acquisition of water or sewer utility property, unless the requirements of IC 8-1-30 are satisfied.(b) If the municipality and the owners of a public utility are unable to agree upon a price to be paid for the property of the public utility, the municipality may bring an action in the circuit or superior court of the county where the municipality is located against the utility for the condemnation of the property.(c) For the purpose of acquiring the property of a public utility, the municipality shall exercise the power of eminent domain in accordance with IC 32-24-1.As added by P.L.270-2013, SEC.6.
IN Code § 8-1.5-2-17 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-17. Acquisition of Property Rights Inside or Outside Boundaries; Utility Lines; Protection of Services From Injury or Pollution; Attachments From Abuse, Destruction, or Waste

Sec. 17. (a) A municipality, by exercising the power of eminent domain in accordance with IC 32-24 or other applicable law, may acquire property rights inside or outside its corporate boundaries as necessary for the business of a municipally owned utility.(b) The municipal legislative body may provide for utility lines to be laid through the municipality as the municipally owned utility requires. The municipality may use any property or property rights necessary for constructing, acquiring, operating, or protecting from injury or pollution the municipally owned utility services.(c) For the purpose of preserving and protecting from injury or pollution the municipal water services, the municipality may exercise its powers in areas within twenty-five (25) miles outside its corporate boundaries.(d) All attachments made to the utility fixtures, whether intended for public or private use, are subject to the supervision and rules of the utility for protection against abuse or destruction or the inordinate use or waste of utility services.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.2-2002, SEC.39.
IN Code § 8-1.5-2-18 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-18. Bonds; Payable Out of Special Account; Issuance

Sec. 18. (a) To provide money to pay for the construction or acquisition of a utility under this chapter, or its extension, improvement, or replacement in whole or in part, or its repair, the municipal legislative body may issue and sell bonds bearing interest at any rate, executed and payable at times not to exceed forty (40) years from the date of issuance, and at places as the legislative body determines. The bonds and interest on them are payable only out of a special account, and the bonds do not constitute an indebtedness of the municipality within the meaning of the constitutional limitations.(b) Each bond must state plainly upon its face:(1) that it is payable only from a special account;(2) the account and the ordinance creating it; and(3) that it does not constitute an indebtedness of the municipality within the meaning of any constitutional debt limitation.(c) The bonds shall be sold in accordance with IC 5-1-11.(d) This section provides an alternative method of financing for all municipalities, notwithstanding any other law.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-19 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-19. Bonds, Notes, or Other Obligations; Issuance; Approval by Commission for Long Term Bonds

Sec. 19. (a) A municipality may not issue bonds, notes, or other obligations under this chapter without the approval of the commission if the bond, notes, or other obligations are payable more than twelve (12) months after their execution, except as authorized by IC 8-1-2.2-11.(b) If the evidence presented to the commission establishes that the rates and charges proposed by the municipally owned utility will provide sufficient funds for the operation, maintenance, and depreciation of the utility, and to pay the principal and interest of the proposed bond issue, together with a surplus or margin of at least ten percent (10%) in excess, the commission shall so certify in its order approving the issuance of bonds.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.103-2008, SEC.5.
IN Code § 8-1.5-2-19.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-19.5. Purchase of Equipment Requiring Lead Time Before Availability; Approval of Contracts if Sufficient Funds Available

Sec. 19.5. If a municipality desires to purchase and install equipment for its utility which requires more than three (3) months lead time for the supplier to make such equipment and installation available, the legislative body may, by ordinance, approve a contract therefor even though it does not have sufficient funds appropriated or on hand to pay for such purchase if the utility:(1) has annual net operating revenues for the immediately preceding calendar year sufficient to permit the municipality:(A) to pay the principal of and interest on an issue of its utility revenue bonds in the principal amount necessary to fund such purchase (including engineering costs, legal costs, and costs of bond issuance associated therewith); and(B) a margin of safety which it deems necessary to market such bonds on acceptable terms;(2) if required by section 19 of this chapter, has received approval from the commission to issue bonds, notes, or other obligations sufficient to fund such purchase; or(3) has received approval from the commission to raise its rates and charges in an amount sufficient to permit the issuance of said bonds.As added by P.L.105-1983, SEC.1. Amended by P.L.103-2008, SEC.6.
IN Code § 8-1.5-2-20 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-20. Bonds; Payment From Revenues Not Derived From Particular Utility; Restriction

Sec. 20. Except as provided by section 22 of this chapter, the municipal legislative body may not adopt an ordinance, or enter into or ratify a contract, for the payment, directly or indirectly, of a bond or bonds by revenues derived by the municipality from the levy of taxes, from the issuance of any bonds other than from the issuance of bonds specifically authorized by this chapter or by a refunding statute, or from any source except the revenues derived from that particular utility.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-21 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-21. Bonds Payable Out of Special Account; Purchase by Municipality

Sec. 21. A municipality may invest its own money in the bonds issued under section 18 of this chapter.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-22 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-22. General Obligation Bonds; Authorization; Limitation

Sec. 22. (a) If the municipal legislative body decides that it is impracticable to raise the entire amount necessary to construct or acquire the utility solely by the issuance and sale of revenue bonds, the legislative body may, by ordinance, provide that a part of the amount may be raised by the issuance and sale of bonds pledging the general credit of the municipality.(b) The bonds shall be issued in accordance with IC 6-1.1-20. The bonds may not exceed one-third (1/3) of the total cost of the utility. This limitation does not apply to a utility to be owned and operated by a municipality exclusively for the purpose of furnishing utility service to the municipality for its own municipal purposes.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-23 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-23. General Obligation Bonds; Terms; Sale

Sec. 23. If general obligation bonds are issued, they:(1) may be issued in any denomination;(2) are payable at a time not to exceed forty (40) years from issuance;(3) may bear interest at any rate payable semiannually; and(4) shall be sold for not less than par value and accrued interest;as provided by ordinance. The bonds shall be sold in accordance with IC 5-1-11.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-24 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-24. Revenue Bonds; Money Set Aside for Payment of Interest and Principal

Sec. 24. (a) The board of a municipally owned utility, as defined by IC 8-1.5-3-2, shall, at least semiannually, set aside from the net earnings a sufficient amount to pay the interest and principal, as they become due, on revenue bonds issued in payment for the utility or for its improvement. This money may not be used for any other purpose.(b) The commission shall approve the amount set aside for the payment of the interest and principal when the commission approves the rates and charges of the municipality.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-25 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-25. Special Utility Account; Establishment by Municipality; Use

Sec. 25. (a) The municipal legislative body, after providing for the:(1) payment of operation and maintenance expenses of the utility;(2) payment of the interest and principal on revenue bonds and creation of reserves for them;(3) payment of the interest and principal on general obligation bonds and creation of reserves for them; and(4) payment of assessed taxes;shall set aside a sufficient remainder of the earnings into a separate and special account to be identified as the special utility account, to be used and applied in the extension, replacement in whole or in part, repair, and operation and maintenance of the utility.(b) The remaining earnings may be applied to:(1) the general fund of the municipality in accordance with IC 8-1.5-3-11, outstanding bond ordinances, and contract provisions under IC 8-1-2.2;(2) the payment of the interest on a loan made for utility construction; or(3) the creation of a sinking fund for the liquidation of the debt;as the legislative body determines.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-26 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-26. Tax Levy for Payment of Bonds

Sec. 26. (a) To pay the principal and interest on bonds issued for the construction, acquisition, extension, or improvement of a municipally owned utility, the municipal legislative body may levy an annual tax of sufficient amount on all taxable property of the municipality.(b) If the legislative body:(1) has contracted with a person for supplying utility services or has agreed to lease or purchase utility services; and(2) has, in the contract, agreed to pay a stated rental, a stipulated purchase price, or other compensation to the person, or has issued bonds to pay for stock in the company or to purchase the plant;it may levy an annual tax for payment of the rent or other consideration or purchase price to be paid for utility services, or for the purchase price of a plant, and to pay the principal and interest on the bonds.(c) The tax under this section shall be levied and collected as other municipal taxes are levied and collected, and the proceeds shall be used only for the purpose for which the tax was levied.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-27 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-27. Lease of Waterworks Facilities; Term; Option to Purchase or Renew; Transfer of Property to Municipality

Sec. 27. (a) A municipality may lease waterworks facilities from a not-for-profit corporation, a public utility, a county, or a municipality. The term of the lease may not exceed fifty (50) years. The lease must provide that the municipality has an option to:(1) renew the lease for a further term on like conditions; and(2) purchase the waterworks facilities covered by the lease contract with the terms and conditions of the purchase specified in the lease.(b) If the option to purchase the waterworks facilities covered by the lease is exercised, the municipality, for the purpose of procuring money to pay the purchase price, may issue and sell revenue bonds under other laws governing the issuance and sale of waterworks revenue bonds for additions and extensions to municipal waterworks.(c) If the municipality has not exercised an option to purchase the property covered by the lease at the expiration of the lease, and upon the full discharge and performance by the municipality of its obligations under the lease contract, the property covered by the lease thereupon becomes the absolute property of the municipality, and the lessor shall execute proper instruments conveying to the municipality good and merchantable title thereto.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.35-1990, SEC.26; P.L.252-2015, SEC.20.
IN Code § 8-1.5-2-28 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-28. Lease of Waterworks Facilities; Payment of Operating Expenses; Sufficiency of Rates and Charges

Sec. 28. (a) A waterworks lease may provide that as a part of the lease rental for the waterworks facilities the lessee agrees to:(1) pay all property taxes and assessments levied against or on account of the leased facilities;(2) maintain insurance on the leased facilities for the benefit of the lessor; and(3) assume all responsibilities for the operation, maintenance, repair, alterations, and additions of the leased facilities.(b) All of the expenses incurred under subsection (a) and the lease rental are payable solely from the revenues derived from water rates and charges to be collected by the lessee from property and users in the area served by the leased facilities.(c) The lessee may establish, fix, bill, and collect rates and charges with respect to the property and users in the area served by the leased facilities that are sufficient:(1) to pay the costs of operation, maintenance, repair, alterations, depreciation, and additions of the leased facilities; and(2) to pay the lease rental as it becomes due.Rates and charges too low to meet these requirements are unlawful. These rates and charges are subject to approval in accordance with IC 8-1.5-3-8.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-29 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-29. Lease of Waterworks Facilities; Notice and Hearing

Sec. 29. (a) When the municipality and the lessor have agreed upon the terms and conditions of any waterworks lease proposed to be entered into under this chapter and before the final execution of the lease, a notice shall be given by publication in accordance with IC 5-3-1 to all persons interested, of a hearing to be held before the municipal legislative body, which hearing must be on a day not earlier than twenty (20) days after publication of the notice.(b) The notice must:(1) name the day, place, and hour of the hearing; and(2) set forth a brief summary of the principal terms agreed upon, including:(A) the name of the lessor;(B) the character of the property to be leased;(C) the lease rental to be paid; and(D) the number of years the lease is to be in effect.(c) The proposed lease must be available for inspection by the public during the twenty (20) day period and at the hearing.(d) All persons interested are entitled to be heard, at the time fixed, upon the necessity for the execution of the lease and whether the rental to be paid to the proposed lessor is a fair and reasonable rental for the waterworks facilities. The hearing may be adjourned to a later date or dates.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.35-1990, SEC.27.
IN Code § 8-1.5-2-30 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-30. Lease of Waterworks Facilities; Execution; Limitation of Actions

Sec. 30. (a) After the hearing under section 29 of this chapter, the municipal legislative body may:(1) authorize the execution of the waterworks lease as originally agreed upon; or(2) make modifications as may be agreed upon with the proposed lessor;but the lease rental as set out in the published notice may not be increased without a new notice and hearing.(b) If the execution of the lease as originally agreed upon, or as modified by agreement, is authorized by the legislative body, a notice of the signing of the contract of lease shall be given by publication in accordance with IC 5-3-1.(c) An action to:(1) contest the validity of the lease; or(2) enjoin the performance of any of the terms and conditions of the lease;must be brought not later than thirty (30) days after publication of the notice of execution of the lease.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-31 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-31. Leased Waterworks Facilities; Tax Exemptions

Sec. 31. All waterworks facilities leased by a lessor contracting with 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.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-32 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-32. Leased Waterworks Facilities; Applicable Statutes

Sec. 32. As to waterworks facilities leased and acquired under this chapter, it is not necessary to comply with any other statutes concerning the leasing and acquisition of waterworks facilities by municipalities except as specifically required by this chapter.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-33 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-33. Action to Determine Public Convenience and Necessity

Sec. 33. (a) This section does not apply to the following:(1) A municipality that, as of July 1, 2012, had established and operated a water utility.(2) An action brought under:(A) IC 8-1-2-92;(B) IC 8-1-2-93; or(C) this chapter;before March 1, 2013.(b) Not more than thirty (30) days after a municipality described in section 7(b)(1) or 7(b)(2) of this chapter adopts an ordinance under section 7 of this chapter, the utility may bring an action against the municipality in the circuit or superior court of the county in which the municipality is located to determine the question of public convenience and necessity.(c) The court shall stay further action by the municipality under the ordinance adopted under section 7 of this chapter pending the court's determination.(d) The court shall try the cause without delay and without a jury and review the evidence de novo.As added by P.L.270-2013, SEC.7.
IN Code § 8-1.5-3-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 3. Operation of Municipally Owned Utilities Generally|8-1.5-3-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities, except consolidated cities, that own or operate utilities.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-3-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 3. Operation of Municipally Owned Utilities Generally|8-1.5-3-2. "Board" Defined

Sec. 2. As used in this chapter, "board" refers to the board operating a municipally owned utility as determined under section 3 of this chapter.As added by Acts 1982, P.L.74, SEC.1.