reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22.5. Use of Right-of-Way for Sewer and Water Connections › 36-9-22.5-2. "Sewage Disposal System"

Sec. 2. As used in this chapter, "sewage disposal system" means a privy, cesspool, septic tank, or other similar structure. The term includes the following:
(1) A septic tank soil absorption system (as defined in IC 13-11-2-199.5).
(2) A constructed wetland septic system (as defined in IC 36-9-23-30.1(a)).
(3) An onsite sewage system (as defined in IC 13-11-2-144.8).
The term does not include a sewer system.
As added by P.L.150-2019, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22.5. Use of Right-of-Way for Sewer and Water Connections › 36-9-22.5-3. "Sewer System"

Sec. 3. As used in this chapter, "sewer system" includes a sewer system owned or operated by any of the following:
(1) A public utility (as defined in IC 8-1-2-1(a)).
(2) A municipality under IC 36-9-23 or IC 36-9-25.
(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
(4) A cooperatively owned corporation.
(5) A conservancy district established under IC 14-33.
(6) A regional sewer district established under IC 13-26.
The term does not include a sewer system owned or operated by the Indiana department of transportation.
As added by P.L.150-2019, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22.5. Use of Right-of-Way for Sewer and Water Connections › 36-9-22.5-4. "Water Utility"

Sec. 4. As used in this chapter, "water utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional water district established under IC 13-26;
that provides water service to the public.
As added by P.L.150-2019, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22.5. Use of Right-of-Way for Sewer and Water Connections › 36-9-22.5-6. Installation of Water Service Line Through a Unit's Right-of-Way to Connect to Another Unit's Waterworks

Sec. 6. (a) This section applies if the owner of a lot, parcel of real property, or building seeks to install (or to cause to be installed) a water service line or other infrastructure for the delivery of water utility service to the owner's lot, parcel of real property, or building:
(1) in or through a public right-of-way owned or controlled by a unit; and
(2) for the purpose of connecting the owner's lot, parcel of real property, or building to a waterworks that is owned or operated by a water utility other than a water utility owned or operated by the unit;
regardless of whether the proposed installation will be accomplished by excavation, directional boring, or any other commonly used method of installation.
(b) An owner may not install a water service line or other infrastructure as described in subsection (a) unless:
(1) the water utility that owns or operates the waterworks executes a service agreement with the owner of the lot, parcel, or building;
(2) the water service line or other infrastructure does not extend outside the regulated territory, if any, in which the property is located; and
(3) the owner obtains all permits and approvals that are required by the state and the unit in which the lot, parcel, or building is located for installation of the water service line or other infrastructure.
(c) This subsection does not apply to the Indiana department of transportation with respect to any right-of-way owned or controlled by the department. A unit may not prohibit the installation of a water service line or other infrastructure as described in subsection (a) in or through a public right-of-way owned or controlled by the unit if the following conditions are met:
(1) The lot, parcel of real property, or building that the property owner seeks to connect to a waterworks is served by a private water well.
(2) The property owner submits before the installation of the water service line or other infrastructure, and not later than the date of application for all necessary construction or other permits required for the project, a signed statement agreeing to do the following:
(A) Abandon and plug the property owner's existing well in accordance with IC 25-39-2-14 and rules adopted under IC 25-39.
(B) Restore or repair all public or private property damaged in carrying out the installation described in subsection (a) and to place the property in the property's original condition as nearly as practicable, in accordance with the requirements of the unit that owns or controls the right-of-way, regardless of whether the restoration or repair will be undertaken or performed by the property owner, by the owner or operator of the waterworks to which the property is to be connected, or by some other party.
As added by P.L.150-2019, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22.5. Use of Right-of-Way for Sewer and Water Connections › 36-9-22.5-7. No Effect on Authority of Unit or Department of Transportation

Sec. 7. (a) This chapter does not abrogate, limit, or affect in any manner the authority of a unit under:
(1) IC 8-1-2-101; or
(2) any other law;
to otherwise regulate or control a public right-of-way owned or controlled by the unit.
(b) This chapter does not abrogate, limit, or affect in any manner the authority of the Indiana department of transportation under:
(1) IC 8-23; or
(2) any other law;
to safely and efficiently manage and operate the state highway system and associated highway rights-of-way for the benefit of the traveling public.
As added by P.L.150-2019, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22.5. Use of Right-of-Way for Sewer and Water Connections › 36-9-22.5-8. No Effect on Rights of Utility

Sec. 8. This chapter does not affect the rights of any water utility or wastewater utility with respect to the service area or territory of the water utility or wastewater utility, as those rights may be established or limited by law.
As added by P.L.150-2019, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 28 of this chapter (and to IC 32-9-1-2.5, before its repeal) by P.L.236-1993 apply to deposits held by a municipal sewage works under section 28 of this chapter, as amended by this act, after June 30, 1993.
As added by P.L.220-2011, SEC.683.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-2. Municipal Powers

Sec. 2. A municipality may:
(1) acquire, construct, improve, operate, and maintain sewage works under this chapter;
(2) acquire, by gift, grant, purchase, condemnation, or otherwise, all lands, rights-of-way, and other property that are necessary for the sewage works;
(3) issue revenue bonds to pay the cost of acquiring, constructing, and improving the sewage works and property; and
(4) lease sewage works from a person, an entity, a corporation, a public utility, or a unit for a term not to exceed fifty (50) years.
[Pre-Local Government Recodification Citation: 19-2-5-2 part.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.35-1990, SEC.68; P.L.252-2015, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-3. Supervision and Control

Sec. 3. The construction, acquisition, improvement, operation, and maintenance of sewage works under this chapter shall be supervised and controlled by the municipal works board. However, the municipal legislative body may, by ordinance, transfer the powers and duties of the works board under this chapter to:
(1) a sanitary board established under section 4 of this chapter; or
(2) the utility service board, if the municipality has such a board operating one (1) or more municipally owned utilities.
[Pre-Local Government Recodification Citations: 19-2-5-3; 19-2-5-4 part.]
As added by Acts 1981, P.L.309, SEC.96.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-23. Bonds; Enforcement Rights of Holders; Receivership

Sec. 23. (a) The rights granted by this section are subject to any restrictions contained in the ordinance authorizing the issuance of revenue bonds or in any trust indenture securing the bonds.
(b) The holder of any revenue bonds or any coupons attached to them, and the trustee, if any, may, either at law or in equity, protect and enforce all rights granted by this chapter or under the ordinance or trust indenture, including the making and collecting of reasonable and sufficient fees for services rendered by the sewage works.
(c) If the principal or interest of any of the revenue bonds is not paid on the date named in the bonds for payment, any court having jurisdiction of the action may appoint a receiver to administer the sewage works on behalf of the municipality, the bondholders, and the trustee, if any. The receiver may:
(1) charge and collect fees sufficient to provide for the payment of the expenses of operation, repair, and maintenance of the works;
(2) pay any revenue bonds and interest outstanding; and
(3) apply the revenues in conformity with this chapter, the ordinance authorizing the bond issue, and the trust indenture, if any.
[Pre-Local Government Recodification Citation: 19-2-5-17.]
As added by Acts 1981, P.L.309, SEC.96.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-24. Fees; Municipality Subject to Fees of Sewage Works

Sec. 24. The municipality is subject to the fees established under this chapter or to fees established in harmony with this chapter, for services rendered the municipality, and shall pay the fees when due. The fees are considered part of the revenues of the sewage works and are subject to the disposition authorized or required for other revenues of the works.
[Pre-Local Government Recodification Citation: 19-2-5-18.]
As added by Acts 1981, P.L.309, SEC.96.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-26. Fees; Hearing; Notice; Adoption; Readjustment

Sec. 26. (a) After the introduction of the ordinance establishing fees under section 25 of this chapter, but before it is finally adopted, the municipal legislative body shall hold a public hearing at which users of the sewage works, owners of property served or to be served by the works, and other interested persons may be heard concerning the proposed fees. Notice of the hearing, setting forth the proposed schedule of fees, shall be:
(1) published in accordance with IC 5-3-1;
(2) mailed to owners of vacant or unimproved property if the ordinance includes a fee for sewer availability to vacant or unimproved property; and
(3) mailed to users of the sewage works for service to property located outside the municipality's corporate boundaries.
The notice may be mailed in any form so long as the notice of the hearing is conspicuous. The hearing may be adjourned from time to time. Notice mailed under subdivision (3) must include the statement required by IC 8-1.5-3-8.1(c).
(b) After the hearing, the municipal legislative body shall adopt the ordinance establishing the fees, either as originally introduced or as modified. A copy of the schedule of fees adopted shall be kept on file and available for public inspection in the offices of the board and the municipal clerk. An ordinance adopted after March 31, 2012, that imposes different rates and charges on users of the works for service to property located outside the corporate boundaries of the municipality or to property located within the corporate boundaries of the municipality must state in plain language the percentage difference between the rates and charges, as required by IC 8-1.5-3-8.1(d).
(c) Subject to section 37 of this chapter, the fees established for any class of users or property shall be extended to cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.
(d) The municipal legislative body may change or readjust the fees in the same manner by which they were established.
(e) Fees collected under this chapter are considered revenues of the sewage works.
[Pre-Local Government Recodification Citations: 19-2-5-19 part; 19-2-5-20 part.]
As added by Acts 1981, P.L.309, SEC.96. Amended by Acts 1981, P.L.45, SEC.62; P.L.77-1991, SEC.4; P.L.114-2008, SEC.30; P.L.139-2012, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-26.1. Objections to Rates and Charges; Bonds; Hearings

Sec. 26.1. (a) Owners of property connected or to be connected to and served by the sewage works authorized under this chapter may file a written petition objecting to the rates and charges of the sewage works so long as:
(1) the petition contains the names and addresses of the petitioners;
(2) the petitioners attended the public hearing provided under section 26 of this chapter;
(3) the written petition is filed with the municipal legislative body within five (5) days after the ordinance establishing the rates and charges is adopted under section 26 of this chapter;
(4) the written petition states specifically the ground or grounds of objection; and
(5) the petitioners have not filed a petition with the commission under IC 8-1.5-3-8.3 appealing the same rates and charges of the utility.
(b) Unless the objecting petition is abandoned, the municipal clerk shall file in the office of the clerk of the circuit or superior court of the county a copy of the rate ordinance or ordinances together with the petition. The court shall then set the matter for hearing at the earliest date possible, which must be within twenty (20) days after the filing of the petition with the court. The court shall send notice of the hearing by certified mail to the municipality and to the first signer of the petition at the address shown on the petition. All interested parties shall appear in the court without further notice, and the municipality may not conduct any further proceedings concerning the rates and charges until the matters presented by the petition have been heard and determined by the court.
(c) At the discretion and upon direction of the court, the petitioners shall file with the petition a bond in the sum and with the security fixed by the court. The bond must be conditioned on the petitioners' payment of all or part of the costs of the hearing and any damages awarded to the municipality if the petition is denied, as ordered by the court.
(d) Upon the date fixed in the notice, the court shall, without a jury, hear the evidence produced. The court may confirm the decision of the municipal legislative body or sustain the objecting petition. The order of the court is final and conclusive upon all parties to the proceeding and parties who might have appeared at the hearing, subject only to the right of direct appeal. All questions that were presented or might have been presented are considered to have been adjudicated by the order of the court, and no collateral attack upon the decision of the municipal legislative body or order of the court is permitted.
(e) If the court sustains the petition, or if it is sustained on appeal, the municipal legislative body shall set the rates and charges in accordance with the decision of the court.
As added by P.L.77-1991, SEC.5. Amended by P.L.139-2012, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-27. Fees; Collection Upon Commencement of Construction; Amount

Sec. 27. After a contract for the construction of sewage works has been let and actual work has commenced, the municipality may bill and collect fees for the services to be rendered, in an amount sufficient to pay:
(1) the interest on the revenue bonds; and
(2) other expenses payable before the completion of the works.
[Pre-Local Government Recodification Citation: 19-2-5-19 part.]
As added by Acts 1981, P.L.309, SEC.96.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-28. Deposit to Ensure Payment of Fees; Amount of Deposit; Refund; Forfeiture; Use to Pay Judgment; Unclaimed Deposits

Sec. 28. (a) The legislative body of a municipality that operates sewage works under this chapter may, by ordinance, require the owners, lessees, or users of property served by the works to pay a deposit to ensure payment of sewer fees.
(b) The deposit required may not exceed the estimated average payment due from the property served by the sewage works for a three (3) month period. The deposit must be retained in a separate fund.
(c) The deposit, less any outstanding penalties and service fees, shall be refunded to the depositor after a notarized statement from the depositor that as of a certain date the property being served:
(1) has been conveyed or transferred to another person; or
(2) no longer uses or is connected with any part of the municipal sewage system.
A statement under subdivision (1) must include the name and address of the person to whom the property is conveyed or transferred.
(d) If a depositor fails to satisfy costs and fees within sixty (60) days after the termination of the depositor's use or ownership of the property served, the depositor forfeits the depositor's deposit and all accrued interest. The forfeited amount shall be applied to the depositor's outstanding fees. Any excess that remains due after application of the forfeiture may be collected in the manner prescribed by section 31 or 32 of this chapter.
(e) A deposit may be used to satisfy all or part of any judgment awarded the municipality under section 31 of this chapter.
(f) A deposit made under this section that has remained unclaimed by the depositor for more than seven (7) years after the termination of the services for which the deposit was made becomes the property of the municipality. IC 32-34-1.5 (unclaimed property) does not apply to a deposit described in this subsection.
[Pre-Local Government Recodification Citation: 19-2-5-20 part.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.236-1993, SEC.2; P.L.31-1995, SEC.8; P.L.2-2002, SEC.123; P.L.127-2017, SEC.315; P.L.141-2021, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-28.5. Unclaimed Overpayments of Sewer Fees Becoming Property of Municipality

Sec. 28.5. (a) This section does not apply to a deposit made under section 28 of this chapter.
(b) IC 32-34-1.5 does not apply to an overpayment described in subsection (d).
(c) As used in this section, "payor" refers to the owner, lessee, or user of property served by the sewage works who has paid for service from the sewage works.
(d) An overpayment of sewer fees that remains unclaimed by a payor for more than seven (7) years after the termination of the service for which the overpayment was made becomes the property of the municipality.
As added by P.L.40-1996, SEC.12. Amended by P.L.2-2002, SEC.124; P.L.141-2021, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-29. Connections to Sewer by Abutting Property; Approval Required; Fees; Liens; Disposition of Fees

Sec. 29. (a) If, as part of the construction of sewage works under this chapter, a municipality constructs a sewer suitable for use as a local or lateral sewer by abutting or adjoining property, it may charge a fee for connections to the sewer. The fee must be based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property.
(b) The board may approve or disapprove applications for connections and may fix the amount of the connection fee.
(c) A person who applies for a connection shall agree to pay the connection fee. If payment is not made as agreed, the fee constitutes a lien on the property for which the connection is made. Such a lien may be enforced in the manner prescribed by section 34 of this chapter.
(d) The municipal legislative body shall determine by ordinance whether the proceeds of connection fees collected under this section and other laws are to be used as:
(1) net revenues of the sewage works;
(2) payment toward the cost of construction of the works; or
(3) payment toward the cost of improving the works in the future.
[Pre-Local Government Recodification Citation: 19-2-5-19 part.]
As added by Acts 1981, P.L.309, SEC.96.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-30. Municipal Power to Require Connections to Sewer and Discontinuance of Privies, Cesspools, Septic Tanks, and Similar Structures; Conditions; Penalties; Court Order; Attorney's Fees

Sec. 30. (a) Subject to subsection (b) and section 30.1 of this chapter, a municipality that operates sewage works under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) may require:
(1) connection to its sewer system of any property producing sewage or similar waste; and
(2) discontinuance of the use of privies, cesspools, septic tanks, and similar structures.
(b) A municipality may exercise the powers granted by subsection (a) only if:
(1) there is an available sanitary sewer within three hundred (300) feet of the property line of the affected property; and
(2) it has given notice by certified mail to the property owner at the address of the property, at least ninety (90) days before the date specified for connection in the notice and the notice includes a list of the applicable exemptions from connecting to the sewer system available to the property owner that are described in IC 36-9-25-15.
(c) A municipality may establish, enforce, and collect reasonable penalties for failure to make a connection under this section.
(d) A municipality may apply to the circuit or superior court for the county in which it is located for an order to require a connection under this section. The court shall assess the cost of the action and reasonable attorney's fees of the municipality against the property owner in such an action.
[Pre-Local Government Recodification Citation: 19-2-5-22.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.3-1990, SEC.135; P.L.107-2016, SEC.8; P.L.232-2023, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-31. Fees; Nonpayment; Delinquency Penalty; Civil Action to Recover

Sec. 31. If fees assessed against real property under this chapter or any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) are not paid within the time fixed by the municipal legislative body, they are delinquent. A penalty of ten percent (10%) of the amount of the fees attaches to the delinquent fees. The amount of the fee, the penalty, and a reasonable attorney's fee may be recovered by the board in a civil action in the name of the municipality.
[Pre-Local Government Recodification Citation: 19-2-5-23 part.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.3-1990, SEC.136.