reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-26. District Borrowing Money

Sec. 26. (a) A district coming under this chapter may borrow money for a term not to exceed two (2) years, which may be renewed for a term of two (2) years, from a bank organized under state or federal statutes or from a state or federal agency in anticipation of the receipt of money from any source, including the following:
(1) Grants and loans from state or federal agencies.
(2) Money from the sale of bonds, notes, or other evidences of indebtedness proposed to be issued under this chapter.
(b) The district may pledge the money to be received to the repayment of the principal and interest of the borrowing.
(c) The interim financing may also be repaid from the sale of bonds, notes, or other evidences of indebtedness without designating the bonds, notes, or other evidences of indebtedness as refunding obligations. The proceeds of interim financing may be used in whole or part for the following:
(1) The acquisition of real, personal, or mixed property, or options on real, personal, or mixed property.
(2) Services reasonably necessary to provide water supply for domestic, industrial, and public use.
(d) Interim financing may be negotiated and consummated directly between the district and the state or federal bank or state or federal agency without public offering. The district may make covenants to the lender and the lender has the rights and remedies that are authorized by this article.
[Pre-1995 Recodification Citation: 13-3-4-9.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-27. Tax Exemptions

Sec. 27. The:
(1) bonds, notes, or other evidences of indebtedness;
(2) proceeds from and the interest on the bonds, notes, or other evidences of indebtedness;
(3) water property and facilities of the district; and
(4) revenues received from the furnishing of water and providing fire protection;
are exempt from taxation by the state.
[Pre-1995 Recodification Citation: 13-3-4-10.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-28. Security of Bonds, Notes, or Other Evidences of Indebtedness

Sec. 28. (a) To adequately secure the payment of the bonds, notes, or other evidences of indebtedness, including interest, payable from revenues, the board and the board's officers, agents, and employees shall do the following:
(1) Pay punctually the principal of every bond, note, or other evidence of indebtedness, including interest:
(A) on the date;
(B) at the place;
(C) in the manner; and
(D) out of the money mentioned in the bonds, notes, other evidences of indebtedness, and coupons;
in accordance with the resolution authorizing issuance.
(2) Preserve and protect the security of the bonds, notes, or other evidence of indebtedness and the rights of the holders, and warrant and defend those rights against all claims and demands of all persons.
(3) Hold in trust the revenues pledged to the payment of the bonds, notes, or other evidence of indebtedness for the benefit of the holders and apply those revenues:
(A) only as provided by the resolution authorizing issuance; or
(B) if the resolution is modified in the manner provided in:
(i) the bonds, notes, or other evidence of indebtedness; or
(ii) this chapter;
only as provided in the resolution as modified.
(4) Keep proper books of record and accounts of the water facilities, separate from all other records and accounts:
(A) in which complete and correct entries shall be made of all transactions relating to the water facilities and any part of the water facilities for which the revenues are pledged; and
(B) that, together with all other books and papers of the board, are at all times subject to the inspection of the holder of the bonds, notes, or other evidences of indebtedness then outstanding or a representative of the holder authorized in writing.
(b) This section does not require the board to expend money other than revenues received or receivable from the water facilities.
[Pre-1995 Recodification Citation: 13-3-4-11.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-30. Application for Appointment of Receiver of Water Facilities

Sec. 30. If:
(1) the:
(A) board defaults in the payment of the principal or interest on any of the bonds, notes, or other evidences of indebtedness payable from revenues after the bonds, notes, or other evidences of indebtedness have become due, whether at maturity or upon call for redemption; and
(B) default continues for a period of thirty (30) days; or
(2) the board or the board's officers, agents, or employees:
(A) fail or refuse to comply with this chapter; or
(B) default in an agreement made with the holders of the bonds, notes, or other evidences of indebtedness;
any holder or a trustee of a holder may apply to the circuit court, superior court, or probate court with jurisdiction in the county in which the district is primarily situated for the appointment of a receiver of the water facilities, whether or not the holder or trustee is seeking or has sought to enforce any other right or remedy in connection with the bonds, notes, or other evidences of indebtedness.
[Pre-1995 Recodification Citation: 13-3-4-13(a) part.]
As added by P.L.1-1995, SEC.26. Amended by P.L.84-2016, SEC.82.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-31. Appointment of Receiver of Water Facilities

Sec. 31. Upon an application the circuit court, superior court, or probate court:
(1) may appoint; and
(2) shall appoint, if the application is made by the holders or a trustee of the holders of twenty-five percent (25%) in principal amount of the bonds, notes, or other evidences of indebtedness then outstanding;
a receiver of the water facilities.
[Pre-1995 Recodification Citation: 13-3-4-13(a) part.]
As added by P.L.1-1995, SEC.26. Amended by P.L.84-2016, SEC.83.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-32. Receiver Taking Possession of Water Facilities

Sec. 32. A receiver appointed under this chapter:
(1) shall directly or by the receiver's agents and attorneys enter upon and take possession of the water facilities for which the revenues are pledged; and
(2) may exclude:
(A) the board;
(B) the board's officers, agents, and employees; and
(C) all persons claiming under the board or the board's officers, agents, or employees.
[Pre-1995 Recodification Citation: 13-3-4-13(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-33. Duties of Receiver

Sec. 33. A receiver appointed under this chapter shall do the following:
(1) Have, hold, use, operate, manage, and control the facilities.
(2) In the name of the board or otherwise, exercise all rights and powers of the board with respect to the water facilities as the board might do.
(3) Maintain, restore, and insure the water facilities and periodically make all proper repairs to the facilities.
(4) Subject to the jurisdiction of the commission, establish, levy, maintain, and collect fees, tolls, rentals, and other charges in connection with the water facilities as are proper and reasonable.
(5) Collect and receive all revenues, deposit the revenues in a separate account, and apply the revenues collected and received in the manner that the court directs.
[Pre-1995 Recodification Citation: 13-3-4-13(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-34. Surrender of Possession of Water Facilities by Receiver

Sec. 34. (a) Whenever:
(1) all that is due:
(A) upon the bonds, notes, or other evidences of indebtedness payable from revenues, including interest; and
(B) upon other notes, bonds, or other obligations, including interest, having a charge, lien, or encumbrance on the revenues of the water facilities;
under the terms of covenants or agreements with the holders have been paid or deposited as provided; and
(2) all defaults have been cured;
the court may, after notice and hearing that the court considers reasonable and proper, direct the receiver to surrender possession of the facilities to the board.
(b) The same right of the holders of the bonds, notes, or other evidences of indebtedness to secure the appointment of a receiver exists upon a subsequent default as provided in this chapter.
[Pre-1995 Recodification Citation: 13-3-4-13(c).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-35. Court Supervision of Receiver

Sec. 35. (a) A receiver appointed under this chapter:
(1) shall, in the performance of the powers conferred upon the receiver, act under the supervision of the court making the appointment;
(2) is at all times subject to the orders of the court; and
(3) may be removed by the court.
(b) The court may enter other orders that the court considers appropriate for the exercise by the receiver of functions specifically set forth in this chapter.
[Pre-1995 Recodification Citation: 13-3-4-13(d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-36. Protection of Holders or Trustees

Sec. 36. Subject to contractual limitations binding upon the holders or trustees for the holders of an issue of bonds, notes, or other evidences of indebtedness payable from revenues, including restrictions on the exercise of a remedy to a specified proportion of holders, a holder or trustee of bonds, notes, or other evidences of indebtedness may, for the equal benefit and protection of all holders similarly situated, do the following:
(1) By mandamus or other action:
(A) enforce the rights of the holder or trustee against the board and the board's officers, agents, and employees; and
(B) require the board or officers, agents, or employees to perform:
(i) duties and obligations under this chapter; and
(ii) contracts with the holders.
(2) By action require the board to account as if the board was the trustee of an express trust.
(3) By action enjoin any acts or things that:
(A) are unlawful; or
(B) in violation of the rights of the holders.
(4) Bring suit upon the bonds, notes, or other evidences of indebtedness.
[Pre-1995 Recodification Citation: 13-3-4-14(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-37. Remedies

Sec. 37. (a) A remedy conferred by this chapter upon a holder or trustee for a holder of bonds, notes, or other evidences of indebtedness payable from revenues:
(1) is in addition to every other remedy; and
(2) may be exercised without exhausting and without regard to any other remedy conferred by:
(A) this chapter; or
(B) any other statute.
(b) A waiver of a default or breach of duty or contract, whether by a holder or a trustee for a holder of bonds, notes, or other evidences of indebtedness payable from revenues, does not do any of the following:
(1) Extend to or affect a subsequent default or breach of duty or contract.
(2) Impair any rights or remedies.
(c) A delay or an omission of a holder or a trustee for a holder of bonds, notes, or other evidences of indebtedness does not do any of the following:
(1) Extend to or affect a subsequent default or breach of duty or contract.
(2) Impair any rights or remedies.
(d) A delay or an omission of a holder or a trustee for a holder of bonds, notes, or other evidences of indebtedness in exercising a right or power accruing upon default:
(1) does not impair a right or power; and
(2) may not be construed to be a waiver of the default or acquiescence in the default.
(e) Every substantive right and every remedy conferred upon the holders of bonds, notes, or other evidences of indebtedness payable from revenues may be enforced and exercised periodically and as often as is expedient. If action to enforce a right or exercise a remedy:
(1) is brought and then discontinued; or
(2) is determined adversely to the holder or trustee;
the board and the holder or trustee shall be restored to their former positions as if an action had not been brought.
[Pre-1995 Recodification Citation: 13-3-4-14(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-38. Discharge of Indebtedness

Sec. 38. (a) Notwithstanding any other provision of this chapter, a district may do the following:
(1) Borrow money from the state in accordance with other statutes.
(2) Evidence the indebtedness upon terms and conditions that are provided in the statutes or that the state requires.
(b) A district may:
(1) pay and discharge the indebtedness from the proceeds of bonds, notes, or other evidences of indebtedness issued under:
(A) this chapter; or
(B) IC 13-3-4 (before its repeal); or
(2) refund the indebtedness to the state;
in accordance with this chapter.
[Pre-1995 Recodification Citation: 13-3-4-15.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-39. Liberal Construction of Chapter

Sec. 39. This chapter shall be liberally construed to facilitate the financing of water supply systems of districts.
[Pre-1995 Recodification Citation: 13-3-4-16.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-1. "Fund" Defined

Sec. 1. As used in this chapter, "fund" refers to a cumulative improvement fund established under this chapter.
[Pre-1995 Recodification Citation: 13-3-5-1(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-2. Purpose of Fund

Sec. 2. A district may establish a cumulative improvement fund under IC 6-1.1-41 to provide money for the construction, additional construction, or repair of the works of improvement the district:
(1) is authorized to construct; and
(2) states in the district plan, or part of or amendment to the plan, is a purpose of the fund.
[Pre-1995 Recodification Citation: 13-3-5-2.]
As added by P.L.1-1995, SEC.26. Amended by P.L.17-1995, SEC.14.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-3. Establishment of Fund

Sec. 3. (a) The board of a district that determines to establish a fund shall state this determination in the district plan or in any part or amendment to the plan. Notice to this effect shall be made a part of all notices concerning approval of the district plan or a part of or amendment to the plan, including implementation of the plan. The plan must specify the:
(1) works of improvement;
(2) additions to the works of improvement; or
(3) repair of the works of improvement;
that are to be financed by the fund.
(b) When:
(1) the district plan;
(2) part of the district plan; or
(3) an amendment to the district plan;
is approved by the court having jurisdiction of the district, the fund is established.
[Pre-1995 Recodification Citation: 13-3-5-3.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-4. Financing the Fund

Sec. 4. (a) To provide money for the fund, the board may place in the fund the following:
(1) Gifts or grants from a person or state or federal agency.
(2) Receipts of revenue from the sale of services or property produced incident to the accomplishment of the purpose for which the district is organized.
(3) Any other form of miscellaneous receipt, including tap-in fees and connection fees.
(4) Levy of a special benefits tax in accordance with sections 5 through 10 of this chapter.
(5) Collection of the exceptional benefits assessments or installments of the assessments, but only in accordance with section 11 of this chapter.
(b) The board shall state in the district plan or part of or amendment to the plan the source or combination of sources that will finance the fund.
[Pre-1995 Recodification Citation: 13-3-5-4.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-5. Special Benefits Tax

Sec. 5. The board may levy a special benefits tax in compliance with IC 6-1.1-41 in an amount not to exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of real property in the district, except the property that is exempt under IC 14-33-7-4. The board shall file with the district plan or part of or amendment to the plan:
(1) the approval of the department of local government finance; and
(2) any action taken to reduce or rescind the tax levy.
[Pre-1995 Recodification Citation: 13-3-5-5(a).]
As added by P.L.1-1995, SEC.26. Amended by P.L.17-1995, SEC.15; P.L.6-1997, SEC.161; P.L.90-2002, SEC.377.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-6. Repealed

[Pre-1995 Recodification Citation: 13-3-5-5(b), (c) part.]
As added by P.L.1-1995, SEC.14. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-7. Repealed

[Pre-1995 Recodification Citation: 13-3-5-5(c) part.]
As added by P.L.1-1995, SEC.14. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-8. Repealed

[Pre-1995 Recodification Citation: 13-3-5-5(d).]
As added by P.L.1-1995, SEC.14. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-9. Approval of Proposal

Sec. 9. The approval of the department of local government finance:
(1) does not have to be filed with the district plan or part of or amendment to the plan at the time of the submission to the commission; and
(2) only has to be filed with the court having jurisdiction of the district.
[Pre-1995 Recodification Citation: 13-3-5-5(e), (f).]
As added by P.L.1-1995, SEC.26. Amended by P.L.17-1995, SEC.16; P.L.90-2002, SEC.378.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-10. Reduction or Rescission of Tax Levy by Amendment

Sec. 10. A tax levy under section 5 of this chapter may be reduced or rescinded by an approved amendment to the district plan.
[Pre-1995 Recodification Citation: 13-3-5-5(g).]
As added by P.L.1-1995, SEC.26. Amended by P.L.17-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-11. Exceptional Benefits Assessments

Sec. 11. (a) If the board determines to collect exceptional benefit assessments or installments of the assessments to provide for the fund in whole or in part, the board shall file with the district plan or part of or amendment to the plan the description of the land that the board has determined to be exceptionally benefited by the:
(1) works of improvement;
(2) addition to the works of improvement; or
(3) repair of the works of improvement.
(b) The board shall have written notice mailed first class postage prepaid to the owners of record of the land to the effect that the financing of the fund has been determined. The notice must state the time and place of the court hearing on the determination.
(c) Notwithstanding this section:
(1) the determination by the board of the land to be exceptionally benefited; and
(2) the notice on the determination;
does not bind the determination with regard to the existence and amount of exceptional benefits of appraisers appointed under IC 14-33-8.
[Pre-1995 Recodification Citation: 13-3-5-6.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-12. Excess Money

Sec. 12. If:
(1) there is a savings resulting from the cost of the works of improvement that are provided in the district plan, including the necessary engineering, legal, and administrative fees, being less than the proceeds of a bond issue or other borrowing to pay the costs;
(2) the district plan is amended to provide that the excess money may be placed in the fund for further necessary works of improvement or additions to those works constructed with those proceeds; and
(3) the use of the excess money is not restricted by the terms of the bond issue or other borrowing;
the excess money may be placed in the fund for the purposes described in subdivision (2).
[Pre-1995 Recodification Citation: 13-3-5-7.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-13. Repealed

[Pre-1995 Recodification Citation: 13-3-5-8.]
As added by P.L.1-1995, SEC.14. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 21. Cumulative Improvement Fund › 14-33-21-14. Discharge of Obligation

Sec. 14. If a federal or state agency, according to statute or contractual obligation, demands immediate or prompt action by the district in construction of, adding to, or repairing works of improvement, the district:
(1) may not defend that not enough money for the work has accumulated in the fund; and
(2) shall use the accumulation of money in the fund, including the proceeds of:
(A) borrowing;
(B) the collection of tax or assessments; or
(C) both borrowing and the collection of tax or assessments;
to discharge the obligation.
[Pre-1995 Recodification Citation: 13-3-5-9.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-1. Application of Chapter

Sec. 1. This chapter applies only to a district located in whole or in part in a county having a consolidated city.
[Pre-1995 Recodification Citation: 13-3-6-1.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-2. "Sewage" Defined

Sec. 2. As used in this chapter, "sewage" means the water carried wastes:
(1) created in; and
(2) carried or to be carried away from;
residences, hotels, schools, hospitals, industrial establishments, and other private or public buildings.
[Pre-1995 Recodification Citation: 13-3-6-2(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-3. "Sewerage System" Defined

Sec. 3. (a) As used in this chapter, "sewerage system" means plants, works, systems, facilities, or properties used or having the capacity for use in connection with the:
(1) collection;
(2) carrying away;
(3) treating;
(4) neutralizing;
(5) stabilizing; or
(6) disposing;
of sewage, industrial waste, or other wastes and any integral part of the wastes.
(b) The term includes the following:
(1) Disposal fields, lagoons, pumping stations, drainage ditches, surface water intercepting sewers, lateral sewers, force mains, pipes, pipelines, conduits, equipments, and appurtenances.
(2) All properties, rights, easements, and franchises relating to the system considered necessary or convenient by the board.
[Pre-1995 Recodification Citation: 13-3-6-2(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-4. "User" Defined

Sec. 4. As used in this chapter, "user" means a person or governmental entity that is the owner or occupant of real property, a part of which is connected to a sewerage system operated by a district.
[Pre-1995 Recodification Citation: 13-3-6-2(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-5. "Works" Defined

Sec. 5. As used in this chapter, "works" means a sewage treatment plant, intercepting sewers, main sewers, submain sewers, local and lateral sewers, outfall sewers, force mains, pumping stations, ejector stations, and other appurtenances that are:
(1) necessary or useful and convenient for the collection, treatment, purification, and disposal in a sanitary manner of the liquid and solid waste, sewage, sludge, night soil, and industrial waste; and
(2) owned, operated, and maintained under the control of a board.
[Pre-1995 Recodification Citation: 13-3-6-2(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-6. Request for Assessment

Sec. 6. A user, all or a part of whose real property is subject to no tax other than the special benefits tax imposed under this article, may file with the county assessor and the board a request for assessment of the user's real property under this chapter. A request for a change in assessment must be filed before November 2 of the year preceding the assessment date for which the change in assessment is requested. Every request applies only to the following:
(1) Real property specified in the request and subject to no tax other than the special benefits tax imposed under this article.
(2) The past year specified in the request for which assessment is requested under this chapter and all future years until further notice.
[Pre-1995 Recodification Citation: 13-3-6-3.]
As added by P.L.1-1995, SEC.26. Amended by P.L.245-2015, SEC.25.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-7. Assessment of Property; Calculation of Tax Rate

Sec. 7. For each assessment date to which a request filed under section 6 of this chapter applies, the county assessor shall assess the real property specified in the request at an amount that, when multiplied by the tax rate for the district for the taxes due and payable in the year of the assessment date, equals the just and equitable rate to the user as determined by the board as of the most recent December 1 under section 11 of this chapter.
[Pre-1995 Recodification Citation: 13-3-6-4.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-8. Schedule of Just and Equitable Rates; Applicability

Sec. 8. (a) The board shall establish a schedule of just and equitable rates or charges for the use of and the service provided by the works to be paid by a user who:
(1) owns or occupies real property that is partially or entirely exempt from general taxation and:
(A) is connected with and uses the works by or through any part of the sewerage system; or
(B) that in any way uses or is served by the works; and
(2) files a request for determination as provided in section 6 of this chapter.
(b) The board may change the schedule periodically.
[Pre-1995 Recodification Citation: 13-3-6-5(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-9. Hearing to Establish or Change Schedule

Sec. 9. (a) A schedule may be established or changed only after a public hearing at which:
(1) all persons using the works or owning real property served or to be served by the works; and
(2) other interested persons;
have an opportunity to be heard concerning the proposed schedule.
(b) After adoption of a resolution fixing the schedule and before the resolution is put into effect, notice of the hearing shall be given by one (1) publication in a newspaper having general circulation in the district at least ten (10) days before the date fixed in the notice for the hearing. The hearing may be adjourned as needed.
[Pre-1995 Recodification Citation: 13-3-6-5(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-10. Resolution Establishing Schedule; Changes

Sec. 10. After a hearing held under section 9 of this chapter, the resolution establishing the schedule, either as originally passed or as modified and amended, shall be passed and put into effect. A copy of the schedule must be kept on file in the office of the board and must be open to inspection to all interested parties. A change or readjustment of the schedule may be made at any time in the same manner as the schedule was originally established.
[Pre-1995 Recodification Citation: 13-3-6-5(c).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-11. Fixing or Changing Just and Equitable Rate

Sec. 11. (a) The board:
(1) shall, before December 2 of the year in which a request is filed, fix the just and equitable rate for each user filing a request under section 6 of this chapter according to the schedule adopted; and
(2) may change the rate prospectively before December 2 of a future year to reflect changes in the user's use of the sewerage system.
(b) The board shall promptly notify:
(1) the county assessor; and
(2) the affected user;
of the rate as originally fixed and as changed periodically.
[Pre-1995 Recodification Citation: 13-3-6-5(d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-12. Basis of Rate Schedule

Sec. 12. The schedule of rates or charges for the treatment and disposal of sewage may be fixed and determined by the board on the basis of any of the following:
(1) A flat charge for each sewer connection.
(2) The amount of water used on the premises and discharged into the sewerage system.
(3) The number and size of water outlets on the premises.
(4) The amount, strength, and character of sewage discharged into the sewers.
(5) The size of sewer connections.
(6) Any combination of these factors or other factors.
[Pre-1995 Recodification Citation: 13-3-6-6.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 22. Rates or Charges for Sewerage System Service in Marion County › 14-33-22-13. Fraction of Property Exempt

Sec. 13. (a) If only a part of:
(1) a tract or lot of land; or
(2) a building;
connected to the sewerage system is exempt from general taxation, the rates and charges established under this chapter shall be reduced by a fraction.
(b) The fraction to be used under subsection (a) is established by using:
(1) the assessed valuation of the part subject to tax as the numerator; and
(2) the total assessed value as the denominator.
[Pre-1995 Recodification Citation: 13-3-6-7.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 23. General Provisions › 14-33-23-1. Entry Onto Land

Sec. 1. (a) The following persons may enter land in the district and other land near the district as is necessary for district purposes:
(1) The board of directors.
(2) The board of appraisers.
(3) The staffs of both boards.
(4) All other persons employed or contracted with.
(b) In exercising the right granted by subsection (a), all reasonable effort must be made to notify the freeholder or tenant before entry.
[Pre-1995 Recodification Citation: 13-3-3-63.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 23. General Provisions › 14-33-23-2. County Officers Performing Duties to Carry Out Article

Sec. 2. The county auditor, county treasurer, and other officers of the county shall take all proper steps to:
(1) collect and transmit money; and
(2) perform other duties;
necessary to carry out this article.
[Pre-1995 Recodification Citation: 13-3-3-93.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 23. General Provisions › 14-33-23-3. Public Utility Providing Water Service

Sec. 3. (a) This section applies to a district established for the purpose of providing water supply, including treatment and distribution for domestic, industrial, and public use.
(b) A public utility engaged in the production, transmission, or distribution of water may:
(1) initiate water service; or
(2) expand the public utility's water service area;
within the boundaries of a district described in subsection (a) if the public utility has received an order from the Indiana utility regulatory commission, after notice and hearing, that public convenience and necessity requires the additional service.
(c) For the purposes of this section, the area of a district includes the additional area in which the district may serve users under IC 14-33-20.
[Pre-1995 Recodification Citation: 13-3-3-95.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 23. General Provisions › 14-33-23-4. Purchase of Sewage Disposal Works or Storm Drainage System by Municipality

Sec. 4. (a) This section applies to:
(1) a sewer;
(2) a sewage disposal plant or installation; or
(3) a storm water drain;
that is installed by a district in and serves an area that subsequently comes within the corporate limits of a municipality that is not a part of the district.
(b) The municipality may purchase that part of the sewage disposal works or storm drainage system with approval of the court and agreement with the district. The district shall protect the district's own operations and obligations.
[Pre-1995 Recodification Citation: 13-3-3-100(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 23. General Provisions › 14-33-23-5. Water Line or Water Supply Installation Becoming Property of Municipality

Sec. 5. (a) This section applies to a water line or water supply installation installed by a district serving an area that subsequently comes within the corporate limits of a municipality that:
(1) is not a part of the district; and
(2) owns and operates a waterworks serving the municipality.
(b) The water line or water supply installation may become the property of the municipality at the option of the municipality, with agreement of the district and approval of the court.
(c) The municipality must reimburse the district at a figure equaling the district's verified cost. If the municipality and the district fail to agree upon the compensation, the municipality and district shall submit the matter to the Indiana utility regulatory commission for determination. The district shall protect the district's own operations and obligations.
[Pre-1995 Recodification Citation: 13-3-3-100(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 23. General Provisions › 14-33-23-6. Liberal Construction of Article

Sec. 6. (a) This article shall be liberally construed to accomplish the purpose of creating districts by which local water management problems can best be solved.
(b) Failure of notice, duly ordered, does not void a proceeding provided for in this article that is otherwise valid.
[Pre-1995 Recodification Citation: 13-3-3-101.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-1. "Commercial Licensee"

Sec. 1. As used in this chapter, "commercial licensee" means a business entity granted a license by the utility owner to install and construct marinas, boat docks, and beaches adjacent to the shore line of the reservoir located within the boundaries of a reservoir conservancy district.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-2. "Primary Water Recreation Facility"

Sec. 2. As used in this chapter, "primary water recreation facility" means the part or parts of the reservoir located within the boundaries of a reservoir conservancy district that are suitable for recreational use by watercraft.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-3. "Reservoir"

Sec. 3. As used in this chapter, "reservoir" means a body of water created by the construction of a dam, embankment, or other structure.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-5. "Utility Owner"

Sec. 5. (a) As used in this chapter, "utility owner" refers to a utility that:
(1) owns at least twenty-five percent (25%) of the surface of the reservoir located within the boundaries of a reservoir conservancy district; and
(2) is governed by a board of directors for utilities under IC 8-1-11.1-3.
(b) For purposes of this chapter, the utility owner of the reservoir located within the boundaries of a reservoir conservancy district is the utility owner that owns at least twenty-five percent (25%) of the surface of the reservoir located within the boundaries of the reservoir conservancy district.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-6. Establishment of Reservoir Conservancy District

Sec. 6. A proposed conservancy district may be established as a reservoir conservancy district under this chapter if:
(1) the proposed conservancy district will be established for the purposes of:
(A) developing forests, wildlife areas, parks, and recreational facilities if feasible in connection with beneficial water management, as provided in IC 14-33-1-1(a)(6);
(B) the operation, maintenance, and improvement of:
(i) a work of improvement for water based recreational purposes; or
(ii) another work of improvement that could have been built for any other purpose authorized by IC 14-33-1-1;
as provided in IC 14-33-1-1(a)(9); or
(C) both of the purposes set forth in clauses (A) and (B);
(2) the boundaries of the proposed conservancy district will encompass part or all of a reservoir located partly within a consolidated city; and
(3) at least twenty-five percent (25%) of the surface of the reservoir located within the boundaries of the proposed conservancy district is owned by a utility governed by a board of directors for utilities under IC 8-1-11.1-3.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-7. Reservoir Conservancy District Operating Agreement

Sec. 7. (a) After the court issues an order establishing a reservoir conservancy district under IC 14-33-2-26 and the initial board of directors of the reservoir conservancy district is appointed under IC 14-33-5-1, the board of directors and the utility owner of the reservoir located within the boundaries of the reservoir conservancy district shall enter into an operating agreement.
(b) The operating agreement entered into under this section shall include an operating plan that describes all:
(1) works of improvement; and
(2) modifications and maintenance of improvements;
relating to access to and use of the reservoir located within the boundaries of the reservoir conservancy district that are proposed to be performed by the reservoir conservancy district. Any proposed work by the reservoir conservancy district pursuant to the operating plan or the district plan that involves the reservoir must be approved by the utility owner of the reservoir located within the boundaries of the reservoir conservancy district before the work begins. The process and procedures for the approval of the reservoir conservancy district's proposed work by the utility owner shall be established pursuant to the operating agreement.
(c) An operating agreement shall be entered into under this section before the district plan of the reservoir conservancy district is submitted to or approved by the natural resources commission and the court under IC 14-33-6.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-8. Powers of Reservoir Conservancy District

Sec. 8. (a) Except as provided in subsections (b) through (e) or another provision of this chapter, a reservoir conservancy district has all of the powers granted to other conservancy districts by this article.
(b) The district plan of a reservoir conservancy district shall be provided to the utility owner of the reservoir located within the boundaries of the reservoir conservancy district and to any commercial licensee at least thirty (30) days before it is presented to the natural resources commission under IC 14-33-6-3.
(c) A reservoir conservancy district does not have the power of eminent domain.
(d) The utility owner of the reservoir located within the boundaries of the reservoir conservancy district is exempt from all assessments, taxes, and fees imposed under this article by the reservoir conservancy district.
(e) Subject to IC 14-15, a reservoir conservancy district has authority to establish, through the action of the board of directors, and enforce reasonable rules concerning safety, welfare, and the maintenance of resources within the boundaries of the reservoir conservancy district. However, the rules established under this subsection shall not:
(1) interfere with or supersede state law or state administrative rules;
(2) interfere with the use of the reservoir for water supply purposes by the utility owner of the reservoir located within the boundaries of the reservoir conservancy district;
(3) substantially or directly impair the terms and conditions of the commercial license of any commercial licensee of the utility owner; or
(4) establish other requirements or restrictions to:
(A) discourage public use of the reservoir; or
(B) discourage or prevent uses of the reservoir for activities that:
(i) are regulated under IC 14-22; and
(ii) could legally take place in the reservoir or the area surrounding the reservoir except for the reservoir conservancy district's requirements or restrictions.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-10. Authorized Actions of Reservoir Conservancy District

Sec. 10. (a) A reservoir conservancy district, subject to sections 7 and 11 of this chapter and the district plan of the reservoir conservancy district, is authorized to do the following:
(1) Install:
(A) catch basins;
(B) vegetative or constructed filtration systems; or
(C) both catch basins and vegetative or constructed filtration systems;
on or near the tributaries of the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district.
(2) Implement streambank remediation and erosion control measures:
(A) on the tributaries of the reservoir; and
(B) in the watershed of the reservoir;
within the boundaries of the reservoir conservancy district.
(3) Take action to control or remove algae and undesirable aquatic vegetation throughout the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district.
(4) Dredge throughout the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district to maintain sufficient depths for water recreation purposes.
(5) Perform any other acts of remediation, rehabilitation, or improvement that are necessary or useful to maintain the primary water recreation facility of the reservoir located within the boundaries of the reservoir conservancy district.
(b) Any chemicals used by the reservoir conservancy district under subsection (a)(3) must be approved for use by:
(1) the governing federal and state agencies; and
(2) the utility owner of the reservoir located within the boundaries of the reservoir conservancy district.
(c) Any action by the reservoir conservancy district under this section may be conducted only with the necessary authorization from the governing state and federal agencies.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 24. Reservoir Conservancy Districts › 14-33-24-11. Sole Authority of Utility Owner

Sec. 11. The utility owner of the reservoir located within the boundaries of the reservoir conservancy district has sole authority and control over all activities to control:
(1) the water level of;
(2) the water quality of; and
(3) the availability of water from;
the reservoir located within the boundaries of the reservoir conservancy district.
As added by P.L.148-2020, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 25. Conservancy District Marshal › 14-33-25-1. District Marshal Appointment

Sec. 1. If the:
(1) board consists of directors in which each director of the board has been elected to the board under IC 14-33-5-2 or IC 14-33-5.4-3; and
(2) district plan requires the district to assume responsibility for the construction, reconstruction, maintenance, and operation of public streets and alleys within the district;
the board may appoint a conservancy district marshal and fix the district marshal's compensation.
As added by P.L.122-2023, SEC.13.