reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-32. Liens for Nonpayment of Fees; Priority; Attachment; Subsequent Owners; Property Not Occupied by Owner; Notice to Owner

Sec. 32. (a) Except as otherwise provided in a provision included in an ordinance under section 25(f)(3) of this chapter, fees assessed against real property under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) constitute a lien against the property assessed. The lien is superior to all other liens except tax liens. Except as provided in subsections (b) and (c), the lien attaches when notice of the lien is filed in the county recorder's office under section 33 of this chapter.
(b) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before the conveyance to the subsequent owner. If the property is conveyed before the lien can be filed, the municipality shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not more than fifteen (15) days after the date of the notice. If payment is not received within one hundred eighty (180) days after the date of the notice, the amount due may be expensed as a bad debt loss.
(c) Except as otherwise provided in a provision included in an ordinance under section 25(f)(3) of this chapter, a lien attaches against real property occupied by someone other than the owner only if the utility notifies the owner not later than twenty (20) days after the time the utility fees become sixty (60) days delinquent. A notice sent to the owner under this subsection must be sent by first class mail or by certified mail, return receipt requested (or an equivalent service permitted under IC 1-1-7-1) to:
(1) the owner of record of real property with a single owner; or
(2) at least one (1) of the owners of real property with multiple owners;
at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice of the delinquency, or to another address specified by the owner, in a written notice to the utility, at which the owner requests to receive a notice of delinquency under this subsection. The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.
(d) The municipality shall release:
(1) liens filed with the county recorder after the recorded date of conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a verified demand in writing from the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner, and that the purchaser has not been paid by the seller for the delinquent fees.
[Pre-Local Government Recodification Citation: 19-2-5-23 part.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.131-2005, SEC.7; P.L.113-2010, SEC.153; P.L.196-2014, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-34. Liens; Foreclosure; Attorney's Fees

Sec. 34. (a) A municipality or board may foreclose a lien established by this chapter in order to collect fees and penalties. The municipality or board shall recover the amount of the fees and penalties, and a reasonable attorney's fee. The court shall order the sale to be made without relief from valuation or appraisement laws.
(b) Except as otherwise provided by this chapter, actions under this chapter are subject to the general statutes regarding municipal public improvement assessments.
[Pre-Local Government Recodification Citation: 19-2-5-25.]
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 › 36-9-23-35. Proceedings Under Other Chapters Not Required; Administrative Powers and Duties Not Affected by Chapter

Sec. 35. No proceedings other than those prescribed by this chapter are required for:
(1) the construction or acquisition of sewage works;
(2) the issuance or sale of bonds; or
(3) the establishment of fees;
under this chapter. However, the functions, powers, and duties of the department of environmental management, the environmental rules board, and the Indiana department of health are not affected by this chapter.
[Pre-Local Government Recodification Citation: 19-2-5-27.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.143-1985, SEC.200; P.L.2-1992, SEC.894; P.L.113-2014, SEC.125; P.L.56-2023, SEC.337.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-36. Municipal Powers; Areas Outside Corporate Boundaries

Sec. 36. (a) Except as provided in subsections (b) and (c), a municipality may exercise powers granted by this chapter in areas within ten (10) miles outside its corporate boundaries.
(b) The mileage limitation in subsection (a) does not apply to the provision of sewage treatment service for an entity that is described in section 16(b)(2) of this chapter.
(c) In an area referred to in subsection (a), a municipality may not:
(1) impose fees under this chapter; or
(2) otherwise exercise powers granted by this chapter;
to provide storm water management services to the area if the county provides storm water management services to the area under IC 8-1.5-5.
[Pre-Local Government Recodification Citation: 19-2-5-26.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.318-1989, SEC.2; P.L.114-2008, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 23. Municipal Sewage Works › 36-9-23-37. Memorandum of Understanding Between Municipality and Storm Water Board to Provide Storm Water Management Services

Sec. 37. (a) As used in this section:
(1) "service" means:
(A) imposing fees; and
(B) otherwise exercising powers;
to provide storm water management services; and
(2) "storm water board" refers to a board defined in IC 8-1.5-5-2.
(b) This section applies only if actions of:
(1) a board under section 36 of this chapter; and
(2) a storm water board under IC 8-1.5-5;
are pending at the same time to service the same area outside a municipality's corporate boundaries.
(c) The board and the storm water board must negotiate the adoption by the board and the storm water board of a memorandum of understanding that permits only the board or only the storm water board to service the area referred to in subsection (b). Neither the board nor the storm water board may service the area before a memorandum of understanding is adopted under this subsection. The entity designated to service the area in the memorandum of understanding may finalize the entity's action referred to in subsection (b). The entity not designated to service the area in the memorandum of understanding must terminate the entity's action referred to in subsection (b).
As added by P.L.114-2008, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities that own and operate sewage works under IC 36-9-23.
[Pre-Local Government Recodification Citation: 19-2-5.5-1 part.]
As added by Acts 1981, P.L.309, SEC.97.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-2. "Sewage Disposal Facilities" Defined

Sec. 2. As used in this chapter, "sewage disposal facilities" means all or part of the facilities of a sewage disposal company furnishing service within the corporate boundaries of a municipality, or within one (1) mile outside those boundaries, including:
(1) certificates of territorial authority;
(2) indeterminate permits;
(3) franchises;
(4) rights-of-way; and
(5) easements;
but does not include the company's corporate stock, going-concern value, or good will.
[Pre-Local Government Recodification Citation: 19-2-5.5-1 part.]
As added by Acts 1981, P.L.309, SEC.97.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-3. Authorization

Sec. 3. (a) A municipality may lease sewage disposal facilities from a sewage disposal company that:
(1) holds a certificate of territorial authority under IC 8-1-2-89; and
(2) is a corporation organized under Indiana law for the purpose of acquiring, constructing, and leasing sewage disposal facilities to a municipality.
(b) In addition to the authority described in subsection (a), a municipality may lease from any person facilities to provide for treatment or disposal of sludge generated by the municipality's sewage works. The lessor under this subsection may be an individual, partnership, corporation, or other entity organized to lease sewage works to a municipality. Notwithstanding any other law, a lessor may acquire, construct, and lease facilities described in this subsection to a municipality without the approval of the utility regulatory commission.
(c) The municipality may operate the leased facilities in conjunction with the operation of the municipally owned sewage works.
[Pre-Local Government Recodification Citations: 19-2-5.5-1 part; 19-2-5.5-2 part.]
As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.5-1988, SEC.222; P.L.186-1988, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-4. Maximum Duration; Options to Renew

Sec. 4. The term of a lease under this chapter may not exceed fifty (50) years. However, the lease must provide that the municipality has an option to renew the lease for a further term on similar conditions.
[Pre-Local Government Recodification Citation: 19-2-5.5-3 part.]
As added by Acts 1981, P.L.309, SEC.97.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-5. Options to Purchase; Authorization of Bonds to Finance Purchase; Disposition of Property When Option Not Exercised

Sec. 5. (a) A lease under this chapter must provide that the municipality has an option to purchase the property covered by the lease, under the terms and conditions specified in the lease.
(b) If the municipality exercises the option to purchase, it may obtain money to pay the purchase price by issuing and selling revenue bonds under the statutes governing the issuance and sale of sewage works revenue bonds for additions and extensions to the municipally owned sewage works.
(c) If the municipality does not exercise the option to purchase, the property covered by the lease becomes the absolute property of the municipality when:
(1) the lease has expired; and
(2) the municipality has discharged and performed all its obligations under the lease.
The lessor shall then execute proper instruments conveying good and merchantable title to the property to the municipality.
[Pre-Local Government Recodification Citation: 19-2-5.5-3 part.]
As added by Acts 1981, P.L.309, SEC.97.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-6. Optional Provisions of Leases; Payment of Taxes, Assessments, Insurance, and Maintenance Expenses

Sec. 6. (a) A lease under this chapter may provide that:
(1) as part of the lease rental for the facilities, the municipality shall agree to:
(A) pay all property taxes and assessments levied against or on account of the facilities; and
(B) maintain insurance on the facilities for the benefit of the lessor; and
(2) the municipality shall assume all responsibilities for the operation, maintenance, repair, alteration, and extension of the facilities.
(b) However, the lease rental and the expenses incurred under this chapter are payable solely from the revenues derived from sewage and sewer fees to be collected by the municipality from property and users in the area served by the facilities.
[Pre-Local Government Recodification Citation: 19-2-5.5-4.]
As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-7. Proposed Leases; Notice and Hearing

Sec. 7. (a) When a municipality and a lessor agree on the terms and conditions of a lease proposed to be entered into under this chapter, notice of a hearing to be held before the municipal legislative body shall be given to all interested persons by publication in accordance with IC 5-3-1. The notice must name the date, place, and hour of the hearing, and set forth a summary of the principal terms of the lease agreed upon, including the name of the lessor, the character of the property to be leased, the lease rental to be paid, and the number of years the lease is to be in effect.
(b) The date of the hearing may not be less than twenty (20) days after publication of the notice.
(c) The proposed lease shall be kept available for inspection by the public before and at the hearing.
(d) At the hearing, all interested persons are entitled to be heard as to the necessity for the execution of the lease and whether the rental to be paid to the proposed lessor under the lease is a fair and reasonable rental for the facilities. The hearing may be adjourned to a later date or dates.
(e) After the hearing, the municipal legislative body may authorize the execution of the lease as originally agreed on, or may, with the consent of the proposed lessor, modify the lease. However, the lease rental as set out in the published notice may not be increased without a new notice and hearing.
[Pre-Local Government Recodification Citation: 19-2-5.5-6.]
As added by Acts 1981, P.L.309, SEC.97. Amended by Acts 1981, P.L.45, SEC.63; P.L.186-1988, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-8. Notice of Signing of Lease Contract; Petitions, Notice, and Hearing Concerning Objections to Lease Rental

Sec. 8. (a) When a municipal legislative body authorizes the execution of a lease under section 7 of this chapter, notice of the signing of the contract shall be given by publication in the manner prescribed by section 7 of this chapter. Within thirty (30) days after publication of the notice, fifty (50) or more of the:
(1) users in the municipality served by the municipally owned sewage works; or
(2) users served by the facilities to be leased;
may file with the utility regulatory commission (if the lessor is leasing facilities under section 3(a) of this chapter), or with the circuit or superior court of the county where the facility is located (if the lessor is leasing facilities under section 3(b) of this chapter), a petition setting forth their objections to the lease rental, including facts showing that the lease rental is not fair and reasonable.
(b) On receipt of the petition, the commission or the court shall fix a time and place for a hearing on whether the lease rental is fair and reasonable. The hearing may not be less than twenty (20) nor more than sixty (60) days after the commission's or the court's receipt of the petition. At least ten (10) days before the date of the hearing, the commission or the court shall mail notice of the hearing to:
(1) the municipal executive;
(2) the municipality; and
(3) the first ten (10) petitioners listed on the petition, at their usual place of residence.
(c) The decision of the commission or the court as to whether the lease rental is fair and reasonable is final.
[Pre-Local Government Recodification Citation: 19-2-5.5-7.]
As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.23-1988, SEC.126; P.L.186-1988, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-9. Limitations on Actions to Contest Leases

Sec. 9. An action to contest the validity of a lease under this chapter, or to enjoin the performance of any of the terms and conditions of such a lease, may not be instituted later than:
(1) thirty (30) days after publication of notice under section 8(a) of this chapter; or
(2) if a petition has been filed with the utility regulatory commission or the court twenty (20) days after the decision of the commission or the court.
[Pre-Local Government Recodification Citation: 19-2-5.5-8 part.]
As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.23-1988, SEC.127; P.L.186-1988, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-10. Determination of Sufficiency by Department of Environmental Management

Sec. 10. A lease under this chapter does not become effective until its provisions for sewage treatment have been found sufficient by the department of environmental management according to rules adopted by the environmental rules board.
[Pre-Local Government Recodification Citation: 19-2-5.5-8 part.]
As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.143-1985, SEC.201; P.L.113-2014, SEC.126.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-11. Fees; Establishment; Procedure

Sec. 11. (a) A municipality that leases facilities under this chapter may, by ordinance, establish, bill, and collect fees from the property and users in the area served by the leased facilities. The fees must be sufficient to pay the costs of operation, maintenance, repair, alterations, depreciation, additions, and extensions of the leased facilities, and to pay the lease rental as it becomes due.
(b) The municipal legislative body may use one (1) or more of the following factors to establish the fees:
(1) A flat charge for each sewer connection.
(2) The amount of water used on or in the property.
(3) The number and size of water outlets on the property.
(4) The amount, strength, or character of the sewage discharged into the sewers.
(5) The size of sewer connections.
(6) Any other factors the legislative body considers necessary.
(c) After introduction of the ordinance establishing the fees, but before it is finally adopted, the municipal legislative body shall hold a public hearing at which all of the users of the leased facilities and owners of property served or to be served by the facilities may be heard concerning the proposed fees. Notice of the hearing, setting forth the proposed schedule of fees, shall be published in accordance with IC 5-3-1. The hearing may be adjourned from time to time.
(d) After the hearing, the municipal legislative body shall adopt the ordinance establishing the fees, either as originally introduced or as modified.
(e) The fees established for any class of users shall be extended to cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.
(f) The municipal legislative body may change or readjust the fees in the same manner by which they were established.
(g) The fees established and collected by the municipality are not subject to the jurisdiction of the utility regulatory commission.
(h) The municipality may collect delinquent fees in the manner provided by IC 36-9-23-31 through IC 36-9-23-34.
[Pre-Local Government Recodification Citation: 19-2-5.5-5.]
As added by Acts 1981, P.L.309, SEC.97. Amended by Acts 1981, P.L.45, SEC.64; P.L.23-1988, SEC.128; P.L.186-1988, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-12. Tax Liability and Exemptions

Sec. 12. Facilities leased to a municipality under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of such a lease is subject to all applicable taxes.
[Pre-Local Government Recodification Citation: 19-2-5.5-9.]
As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-13. Exception From Compliance With Certain Statutes

Sec. 13. Except as specifically required in this chapter, a municipality acting under this chapter need not comply with other statutes concerning the lease and acquisition of facilities by municipalities.
[Pre-Local Government Recodification Citations: 19-2-5.5-10; Acts 1975, P.L.211, SECTION 2.]
As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 24. Leasing of Sewage Disposal Facilities › 36-9-24-14. Operation and Lease of Facilities Within One Mile of Boundaries Considered Furnishing of Sewage and Sewer Service

Sec. 14. A municipality that leases and operates sewage disposal facilities in an area within one (1) mile outside its corporate boundaries is considered to be furnishing sewage and sewer service in that area for purposes of IC 36-4-3-13.
[Pre-Local Government Recodification Citation: 19-2-5.5-2 part.]
As added by Acts 1981, P.L.309, SEC.97.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-1. Application of Chapter

Sec. 1. (a) This chapter applies to the following:
(1) A second class city located in a county having a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000).
(2) Each municipality in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) in which the legislative body has adopted this chapter by ordinance.
(b) This chapter also applies to each second class city not in a county described in subsection (a)(1) or (a)(2), in which the legislative body has adopted this chapter by ordinance.
(c) In addition, in a consolidated city, sections 9 through 38 of this chapter apply to the department of public works and the board of public works, subject to IC 36-3-4-23.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-27-1 part; 19-2-27-3; subsection (b) formerly 19-2-14-32 part; 19-2-28-1 part; 19-2-28-6; 19-2-28.5-1; 19-2-28.5-3 part; subsection (c) formerly 18-4-2-9(a) part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.12-1992, SEC.179; P.L.80-1997, SEC.19; P.L.170-2002, SEC.168; P.L.119-2012, SEC.230; P.L.104-2022, SEC.212.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-2. Definitions

Sec. 2. As used in this chapter:
"Board" refers to a board of sanitary commissioners, or board of public works of a consolidated city.
"Department" refers to a department of public sanitation, or department of public works of a consolidated city.
"District" means the area within the jurisdiction of a department.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-4. Commissioners; Terms of Office; Vacancies

Sec. 4. (a) The initial terms of the commissioners are as follows:
(1) If the department is established under section 1(a) of this chapter, the initial terms are one (1), two (2), and three (3) years for the first three (3) commissioners. If additional commissioners are appointed, their initial terms are four (4) years.
(2) If the department is established under section 1(b) of this chapter, the initial terms of the two (2) appointed commissioners are four (4) and three (3) years respectively. However, if a third commissioner has also been appointed, the commissioner's initial term is two (2) years.
All terms begin on January 1 following the establishment of the department.
(b) As the initial terms expire, successors shall be appointed for four (4) year terms. In a county that is listed in section 3(b)(3) of this chapter, the appointments must be made before January 16 in the year the term begins. If a vacancy occurs on the board, the appointing authority shall appoint a commissioner for the remainder of the term within thirty (30) days after the vacancy occurs.
[Pre-Local Government Recodification Citations: subsection (a)(1) formerly 19-2-27-1 part; subsections (a)(2), (b) formerly 19-2-14-1 part; 19-2-14-32 part; 19-2-28-5 part; 19-2-28.5-3 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.65; P.L.320-1989, SEC.2; P.L.12-1992, SEC.181.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-5. Commissioners; Removal From Office; Appeals

Sec. 5. (a) A commissioner may not be removed from office except upon charges preferred before the municipal executive and a hearing held on them. The only permissible reasons for removal are neglect of duty and incompetence. The commissioner must be given at least ten (10) days' notice of the time and place of the hearing and the opportunity to produce evidence and examine and cross-examine witnesses. All testimony shall be given under oath. The municipal executive shall put the municipal executive's findings in writing and file them with the municipal clerk.
(b) If the charges are sustained and the commissioner removed, the commissioner may appeal the findings within ten (10) days after the date they are filed with the clerk to the circuit or superior court of the county in which the municipality is located. The commissioner shall file an original complaint against the executive, stating the charges preferred and the findings made. The court shall hear the appeal within thirty (30) days after it is filed without a jury and shall either ratify or reverse the finding of the executive. The judgment of the court is final and an appeal may not be taken.
[Pre-Local Government Recodification Citation: 19-2-14-1 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.317.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-6. Commissioners; Meetings; Officers; Quorum; Approval of Actions; Adoption of Rules

Sec. 6. (a) Within six (6) months after the date this chapter is adopted by ordinance, or within thirty (30) days after the commissioners are appointed in a county that is listed in section 3(b)(3) of this chapter, the board shall hold a meeting for the purpose of organization. The board shall choose one (1) of its members to be president and another to be vice president, who shall perform the usual duties of those offices. The officers serve for a period of one (1) year or until their successors are elected and qualified. The municipal fiscal officer shall perform the same duties with the funds and accounts of the board as with the funds and accounts of the other executive departments of the municipality, except as otherwise provided in this chapter. The fiscal officer receives no additional compensation for performing these duties.
(b) A majority of the members of the board constitutes a quorum, and the concurrence of a majority is necessary for any action of the board. The board shall hold regular meetings at the times it fixes and may call special meetings at the times and upon the notice that it fixes by rule or resolution. All meetings must be open to the public. The board may adopt the rules that it considers necessary to conduct its meetings and business and to control and manage the property under its jurisdiction.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-14-2 part; 19-2-28-5 part; 19-2-28.5-3 part; subsections (b), (c), (d) formerly 19-2-14-2 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.66; P.L.12-1992, SEC.182.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-7. Certain Cities; Effect of Adoption of Chapter; Enabling Ordinances

Sec. 7. (a) This section applies to cities in a county that is listed in section 3(b)(3) of this chapter. However, subsections (b) and (c) of this section also apply to municipalities that adopt this chapter by ordinance under section 1(a) of this chapter.
(b) This chapter does not affect the enabling ordinances, the duties of the municipality, or the rights of bondholders with regard to sewage works revenue bonds or other outstanding revenue bonds issued before this chapter was adopted by ordinance.
(c) Adoption of this chapter by ordinance does not affect the system of fees for sewage treatment. All revenue derived from fees shall be applied only to the following purposes:
(1) The administrative expense, operation, construction, and maintenance of sewage works.
(2) The retirement of outstanding revenue bonds and any additional revenue bonds that may be issued for construction of sewage works and improvements, additions, and extensions to them.
(3) The payment of the cost of improvements, additions, and extensions to the extent permitted by the ordinances authorizing the issuance of revenue bonds.
(d) The ordinance adopting this chapter must specify that the district initially includes all territory within the corporate boundaries of the city, including any territory, addition, platted subdivision, or unplatted land lying outside the corporate boundaries of the city that has been taken into or has been connected with the public sanitation system of the city in accordance with another statute if the sewage or drainage of that area discharges into or through the sewage system of the city.
[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 19-2-28-1 part; 19-2-28.5-3 part; subsection (c) formerly 19-2-28-2; 19-2-28.5-3 part; subsection (d) formerly 19-2-28-4; 19-2-28.5-3 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.67; P.L.12-1992, SEC.183.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-8. Certain Cities; Enabling Ordinances, Specifications of Purpose; Interim Board Members; Prior Approval of Bonds

Sec. 8. (a) This section applies to cities in a county having a population of more than one hundred thirty thousand (130,000) and less than one hundred thirty-nine thousand (139,000).
(b) The ordinance adopting this chapter must specify the purpose or purposes for which the district is established, which must be one (1) or more of the following:
(1) To provide for the collection, treatment, and disposal of sanitary sewage and other water-carried wastes of the district.
(2) To provide for the drainage of storm and surface water to relieve sanitary sewers of that water.
(3) To reduce the pollution of watercourses in the district.
(4) To provide for the collection and disposal of trash, garbage, and solid waste.
If not all of these purposes are listed in the ordinance, one (1) or more of the remaining purposes may, by subsequent ordinance, be added to the purposes of the district.
(c) After adoption of the ordinance, three (3) interim members of the board shall be appointed for terms until the January 1 following the adoption. On the January 1 following the adoption, members shall be appointed as provided in sections 3 and 4 of this chapter.
(d) Bonds of the district may not be sold without the prior approval of the city legislative body. In addition, the legislative body must approve all budgets and tax levies of the district.
[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 19-2-28.5-2; subsection (c) formerly 19-2-28.5-4; subsection (d) formerly 19-2-28.5-3 part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.68; P.L.12-1992, SEC.184; P.L.170-2002, SEC.170; P.L.119-2012, SEC.232; P.L.104-2022, SEC.214.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-9. Jurisdiction of Board

Sec. 9. The board shall manage and control all sewage works of the district. The board has concurrent power with the works board of the municipality to construct, reconstruct, maintain, repair, and regulate the use of all connecting and intercepting sewers. The board shall collect and remove garbage, ashes, and other waste materials to prevent the pollution of watercourses within the district and to protect the public health. The board may purchase, acquire, construct, reconstruct, operate, repair, and maintain all sewage works.
[Pre-Local Government Recodification Citations: 19-2-6-1 part; 19-2-14-3 part.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-11.1. Deposits to Secure Payment of Fees

Sec. 11.1. In a consolidated city, the board may also require the users of the sewage service to make a reasonable deposit in advance of a connection or reconnection to the sewerage system to secure payment of the fees. The deposit may not exceed thirty-three percent (33%) of the estimated annual cost of the service for a particular user.
As added by P.L.349-1985, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-11.2. Fees; Notice of Delinquency

Sec. 11.2. If a fee established under section 11 of this chapter is not paid within the time fixed by the board, a copy of any notice of delinquency sent to a delinquent user who is a tenant must be sent to the owner of the property occupied by the tenant at the latest address of the owner as shown on the property tax records of the county in which the property is located.
As added by P.L.237-1997, SEC.1. Amended by P.L.257-2019, SEC.164.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-11.5. Discontinuance of Water Service; Disputed Bills; Notice; Liability of Utility

Sec. 11.5. (a) As an alternative to the penalties provided in section 11 of this chapter, the board may require that the water utility providing water service to a delinquent user discontinue service until payment of all overdue user fees, together with any penalties provided in this section, are received by the municipality.
(b) If a fee established is not paid within the time fixed by the board, the board or its designee shall send notice to the delinquent user stating:
(1) the delinquent amount due, together with any penalty;
(2) that water service may be disconnected if the user continues not to pay the delinquency and any penalty; and
(3) the procedure for resolving disputed bills.
The municipality shall provide by ordinance a procedure for resolving disputed bills that includes an opportunity for a delinquent user to meet informally with designated personnel empowered to correct incorrect charges. Payment of a disputed bill and penalties by a user does not constitute a waiver of rights to subsequently claim and recover from the municipality sums improperly charged to the user.
(c) If the user fails to pay the delinquent amount or otherwise resolve the charges as specified in subsection (a), the board or its designee shall give written notice to the water utility serving the user to discontinue water service to the premises designated in the notice until notified otherwise. The notice must identify the delinquent sewer user in enough detail to enable the water utility to identify the water service connection that is to be terminated. Upon receipt of the notice, the water utility shall disconnect water service to the user.
(d) Water service may not be shut off under this section if a local board of health has found and certified to the municipality that the termination of water service will endanger the health of the user and others in the municipality.
(e) The water utility that discontinues water service in accordance with an order from the board or its designee does not incur any liability except to the extent of its own negligence or improper conduct.
(f) If the water utility does not discontinue service within the time fixed by the board after receiving notice from the municipality, the utility is liable for any user fees incurred after receipt of notice to discontinue water service and that are not collected from the user.
As added by P.L.349-1985, SEC.2. Amended by P.L.55-1988, SEC.14; P.L.64-1989, SEC.4; P.L.93-1993, SEC.9; P.L.98-1993, SEC.6; P.L.257-2019, SEC.165.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-11.7. Overdue User Fees; Ordinance to Expense as Bad Debts

Sec. 11.7. A municipality may, by ordinance, establish a procedure to expense as bad debt overdue user fees, together with any penalties provided under this chapter, if the amount of fees and penalties involved does not exceed two hundred dollars ($200).
As added by P.L.55-1988, SEC.15. Amended by P.L.21-2017, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-12. Basis of Fees; Measurement of Water and Sewage Usage

Sec. 12. (a) The fees for the treatment and disposal of sewage may be based on:
(1) a flat charge for each sewer connection;
(2) the amount of water used on the premises;
(3) the number and size of water outlets on the premises;
(4) the amount, strength, or character of sewage discharged into the sewers;
(5) the size of sewer connections; or
(6) any combination of these factors or other factors that the board determines necessary in order to establish just and equitable rates and charges.
(b) The board may enter into contracts with a water utility furnishing water service to users or property served in the district relative to:
(1) ascertaining the amount of water consumed;
(2) the computation of the amount of charge to be billed to each user or property served;
(3) the billing and collection of the amounts; and
(4) the discontinuance of water service to delinquent users as provided in section 11.5 of this chapter.
(c) As an alternative to subsection (b), the board may require a water utility furnishing water service to users or property served in the district to perform the functions listed in subsection (b). If the water utility and the board do not agree upon the reasonable compensation to be paid to the water utility for the services described in subsection (b), the board or the water utility may apply to the utility regulatory commission to establish the reasonable compensation for the services. Upon receipt of an application, the utility regulatory commission, after notice to the water utility and the board and after a hearing, shall establish the reasonable compensation to be paid for the services. The water utility shall then render the services described in return for the compensation fixed.
(d) If a person owns or occupies real property that is connected to the sewage works and either directly or indirectly uses water obtained from a source other than a water utility that is not measured by a water meter acceptable to the board, then the board may require the person, at the person's own expense, to furnish, install, and maintain a water or sewage measuring device acceptable to the board.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-14-5 part; 19-2-20-4; 19-2-20-5; subsection (b) formerly 19-2-14-5 part; subsection (c) formerly 19-2-20-8; subsection (d) formerly 19-2-20-10.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.349-1985, SEC.3; P.L.23-1988, SEC.129; P.L.127-2017, SEC.318.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-13. Authorized Actions; Regulation of Kinds or Amounts of Chemicals and Strengths of Waste and Other Substances Detrimental to Sewage Works

Sec. 13. (a) The board, in the name of the municipality, may bring an action to recover damages for:
(1) the breach of an agreement, express or implied, relating to the construction, management, or repair of sewage works under its control, including real property; or
(2) injury to the personal or real property used in the sanitary disposal of sewage in a municipality located within the district.
(b) The board may recover possession of property, may bring an action for the specific performance of an agreement, and may use, in the name of the municipality, any legal or equitable remedy necessary to protect and enforce the rights and perform the duties of the department.
(c) The board may establish limits on the kinds or amounts of chemicals and the strength of the waste or other substances the board considers detrimental to the sewage works. If a person discharges sewage into the sewage works that exceeds limits set by the board, the board may order the person to cease using the sewage works upon a hearing with notice. However, if evidence indicates a public health hazard is being created, the board may summarily order the person to cease without notice or hearing. Orders of the board may be enforced by bringing an action to enjoin discharges into the sewer works in any court in the county having jurisdiction to hear equity actions. A person aggrieved by an order of the board is entitled to appeal the order to the circuit or superior court of the county in which the city is located. If an order is given without notice, an appeal must be perfected within ten (10) days after receipt of the order or the right to appeal is considered waived.
(d) The board of a department in a district described in section 3(b)(2) of this chapter may bring an action in the name of:
(1) a municipality in the district with the approval of the executive of the municipality; or
(2) the district, with the approval of the board.
[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 19-2-14-6; subsection (c) formerly 19-2-20-12.5.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.175-2006, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-16. Tax Levies; Liability of Disannexed and Newly Added Territory

Sec. 16. (a) If any bonds of the district are outstanding, and until they are fully paid, all property included within the district at the time the bonds were issued and sold remains subject to taxes levied and for its proportion of the indebtedness, notwithstanding that the property and territory may have been disannexed from the district.
(b) Any property in territory added to the district, as a condition of the special benefits it receives, becomes liable for its proportion of all taxes levied to pay all bonds of the special taxing district that are either outstanding or are later issued and sold. The proportion of taxation shall be determined in the same manner as when territory is annexed to a municipality under IC 36-4-3.
[Pre-Local Government Recodification Citation: 19-2-14-7 part.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-17. Payment of Preliminary Expenses

Sec. 17. (a) All preliminary expenses actually incurred by the board in providing necessary records, giving notice, employing clerks, engineers, attorneys, and other employees, making surveys, and all other expenses that must be paid before the issue and sale of the bonds under section 27 of this chapter, and before the collection of taxes levied under section 32 of this chapter, shall be met and paid according to this section. The board shall, from time to time, certify items of expense to the municipal fiscal officer, directing the municipal fiscal officer to pay those amounts. The fiscal officer shall at once draw the fiscal officer's warrant, with the warrant to be paid out of the unappropriated part of the general fund of the municipality, without a special appropriation being made by the municipal legislative body.
(b) If there is no unappropriated money in the general fund, the fiscal officer shall recommend to the legislative body either the temporary transfer from other funds of the municipality of a sufficient amount to meet the items of expense, or the making of a temporary loan for this purpose. The legislative body shall, at once, make the transfer or authorize the temporary loan in the same manner that other temporary loans are made by the municipality. However, the fund or funds of the municipality from which payments are made must be fully reimbursed and repaid by the board:
(1) out of the first proceeds of the sale of bonds to the extent that expenses paid are chargeable to the cost of acquiring land or the construction of a work under a resolution adopted and confirmed under section 18 of this chapter; or
(2) out of the fund raised by taxation under section 32 of this chapter to the extent that expenses paid are in the nature of a general expense of the board.
[Pre-Local Government Recodification Citation: 19-2-14-8.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.320.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-19. Construction of Sewage Works; Special Tax

Sec. 19. After final action of the board or of the court confirming the resolution in its original or a modified form, all property located within the boundaries of the district is subject to a special tax to provide money to pay the total cost of the construction of the sewage works, including the acquisition of all necessary land or rights-of-way as described in the resolution of the board and all necessary incidental expenses. The special tax constitutes the amount of benefits resulting to the property from the proceedings and shall be levied as provided in this chapter.
[Pre-Local Government Recodification Citation: 19-2-14-11.]
As added by Acts 1981, P.L.309, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 25. Sanitation Department in Certain Cities › 36-9-25-20. Construction of Sewage Works; Condemnation; List of Affected Property and Owners

Sec. 20. If the resolution provides for the appropriation of property or rights-of-way, after final action by the board or by the court on appeal, the board shall have prepared a list of all the owners or holders of property and of interests sought to be taken or that will be injuriously affected. The list must also show with reasonable certainty a description of the property to be appropriated or injuriously affected belonging to those persons or owners, and this certainty in names and descriptions need not exceed that required in the assessment of taxes.
[Pre-Local Government Recodification Citation: 19-2-14-12.]
As added by Acts 1981, P.L.309, SEC.98.