2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 22. Contracts With Property Owners for Sewer Construction by Municipalities › 36-9-22-2. Terms of Contract; Power to Fix; Duration; Share of Cost; Parties Bound; Waiver of Rights

Sec. 2. (a) The power of the municipal works board to fix the terms of a contract under this section applies to contracts for the installation of sewage works that have not been finally approved or accepted for full maintenance and operation by the municipality on July 1, 1979.
(b) The works board of a municipality may contract with owners of real property for the construction of sewage works within the municipality or within four (4) miles outside its corporate boundaries in order to provide service for the area in which the real property of the owners is located. The contract must provide, for a period of not to exceed fifteen (15) years, for the payment to the owners and their assigns by any owner of real property who:
(1) did not contribute to the original cost of the sewage works; and
(2) subsequently taps into, uses, or deposits sewage or storm waters in the sewage works or any lateral sewers connected to them;
of a fair pro rata share of the cost of the construction of the sewage works, subject to the rules of the board and notwithstanding any other law relating to the functions of local governmental entities. However, the contract does not apply to any owner of real property who is not a party to the contract unless the contract or (after June 30, 2013) a signed memorandum of the contract has been recorded in the office of the recorder of the county in which the real property of the owner is located before the owner taps into or connects to the sewers and facilities. The board may provide that the fair pro rata share of the cost of construction includes interest at a rate not exceeding the amount of interest allowed on judgments, and the interest shall be computed from the date the sewage works are approved until the date payment is made to the municipality.
(c) The contract must include, as part of the consideration running to the municipality, the release of the right of:
(1) the parties to the contract; and
(2) the successors in title of the parties to the contract;
to remonstrate against pending or future annexations by the municipality of the area served by the sewage works. Any person tapping into or connecting to the sewage works contracted for is considered to waive the person's rights to remonstrate against the annexation of the area served by the sewage works.
(d) Notwithstanding subsection (c), the works board of a municipality may waive the provisions of subsection (c) in the contract if:
(1) the works board considers a waiver of subsection (c) to be in the best interests of the municipality; or
(2) the contract involves connection to the sewage works under IC 36-9-22.5.
(e) This subsection does not affect any rights or liabilities accrued, or proceedings begun before July 1, 2013. Those rights, liabilities, and proceedings continue and shall be imposed and enforced under prior law as if this subsection had not been enacted. For contracts executed after June 30, 2013, if the release of the right to remonstrate is not void under subsection (i), (j), or (k), the release is binding on a successor in title to a party to the contract only if the successor in title:
(1) has actual notice of the release; or
(2) has constructive notice of the release because the contract, or a signed memorandum of the contract stating the release, has been recorded in the chain of title of the property.
(f) Subsection (c) does not apply to a landowner if all of the following conditions apply:
(1) The landowner is required to connect to the sewage works because a person other than the landowner has polluted or contaminated the area.
(2) The costs of extension of or connection to the sewage works are paid by a person other than the landowner or the municipality.
(g) Subsection (c) does not apply to a landowner who taps into, connects to, or is required to tap into or connect to the sewage works of a municipality only because the municipality provides wholesale sewage service (as defined in IC 8-1-2-61.7) to another municipality that provides sewage service to the landowner.
(h) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall provide written notice to any successor in title to property within a reasonable time after the deed is recorded, that a waiver of the right of remonstrance exists with respect to the property.
(i) A remonstrance waiver executed on or before July 1, 2003, is void. This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
(j) A remonstrance waiver executed after June 30, 2003, and not later than June 30, 2019, is subject to the following:
(1) The waiver is void unless the waiver was recorded:
(A) before January 1, 2020; and
(B) with the county recorder of the county where the property subject to the waiver is located.
(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.
This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
(k) A remonstrance waiver executed after June 30, 2019, is subject to the following:
(1) The waiver is void unless the waiver is recorded:
(A) not later than thirty (30) business days after the date the waiver was executed; and
(B) with the county recorder of the county where the property subject to the waiver is located.
(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.
This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
[Pre-Local Government Recodification Citation: 19-2-7-16 part.]
As added by Acts 1981, P.L.309, SEC.95. Amended by P.L.172-1995, SEC.5; P.L.251-2013, SEC.4; P.L.243-2013, SEC.3; P.L.228-2015, SEC.23; P.L.18-2018, SEC.1; P.L.150-2019, SEC.1; P.L.257-2019, SEC.162; P.L.156-2020, SEC.148.