Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 1. (a) This chapter applies only to furnishing water supply for domestic, industrial, and public use. (b) This chapter does not apply to the accomplishment of any other purpose: (1) for which a district has been established; or (2) that is added to the purposes of the distri…

Sec. 10. (a) The commission shall, after hearing the evidence introduced at the hearing under section 8 of this chapter, enter a finding that the convenience and necessity of the public proposed to be served in the area in which the additional users are located: (1) will; or (2) …

Sec. 11. If: (1) a district is established for the purpose of furnishing water supply for domestic, industrial, and public use or that purpose is added to a district; and (2) there is within the boundaries of the district a municipality or public utility providing water supply to…

Sec. 12. (a) IC 14-33-4-2 does not apply to the addition of territory to a district in any county for the purpose of supplying water to additional users outside the territorial boundaries of the district. The commission has exclusive jurisdiction over the granting to a district o…

Sec. 13. (a) A district coming under this chapter shall furnish reasonably adequate services and facilities. The charge made by the district for a service provided or to be provided, either directly or indirectly, must be nondiscriminatory, reasonable, and just. Every discriminat…

Sec. 14. A district coming under this chapter shall file the initial schedule of rates and charges to patrons of the district with the commission. If changes in rates and charges are necessary, the district is subject to the jurisdiction of the commission in the same manner as pr…

Sec. 15. (a) As used in this section, "net revenues" means gross revenues less the reasonable cost of operation and maintenance. (b) A district coming under this chapter may pay the costs, including incidental expenses, of constructing or otherwise acquiring all the works of impr…

Sec. 16. All bonds, notes, or other evidences of indebtedness payable from revenues may be authorized only by resolution of the board. The resolution, as well as the bonds, notes, or other evidences of indebtedness issued under the resolution, is a contract with all holders of th…

Sec. 17. (a) All bonds, notes, or other evidences of indebtedness that are authorized by the resolution must be in one (1) or more series and may: (1) bear the date; (2) mature at a time not exceeding fifty (50) years from the date of issuance; (3) bear interest at any rate; (4) …

Sec. 18. (a) The bonds, notes, or other evidences of indebtedness shall be executed in the name of the district by the chairman of the board and attested by the secretary. Interest coupons may be executed by placing the facsimile signature of the chairman on the coupons. (b) The …

Sec. 19. The validity of the authorization and issuance of the bonds, notes, or other evidences of indebtedness is not dependent on or affected in any way by the following: (1) Proceedings taken for the improvement for which the bonds, notes, or other evidences of indebtedness ar…

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission. [Pre-1995 Recodification Citation: 13-3-4-1(b).] As added by P.L.1-1995, SEC.26.

Sec. 20. A resolution authorizing bonds, notes, or other evidences of indebtedness payable from revenues must provide that a bond, note, or other evidence of indebtedness payable from revenues contain a recital that the bond, note, or other evidence of indebtedness is issued unde…

Sec. 21. The bonds, notes, or other evidences of indebtedness payable from revenues: (1) shall, except as provided in subdivision (4), be sold at public sale as provided by general statutes concerning the sale of bonds; (2) may be sold at different times or an entire issue or ser…

Sec. 22. All bonds, notes, or other evidences of indebtedness of the same issue shall be equally and ratably secured, without priority because of: (1) number or date of issue; (2) sale; (3) execution; or (4) delivery; by a lien upon the revenues in accordance with this chapter an…

Sec. 23. This chapter does not authorize the board to do anything that would result in the creation of an instrument that constitutes a bond or debt within the meaning of the constitutional restriction relating to: (1) the creation or incurring of a debt or indebtedness; or (2) t…

Sec. 24. (a) The bonds, notes, or other evidences of indebtedness, including interest, are not any of the following: (1) A debt of the district or the board. (2) A charge, lien, or encumbrance, legal or equitable, upon: (A) property of the district; or (B) income, receipts, or re…

Sec. 25. Bonds, notes, or other evidences of indebtedness may be issued for refunding outstanding bonds, notes, or other evidences of indebtedness of the district in the discretion of the board. However, refunding may not contradict the terms of a resolution that the board has pa…

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 m…

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 …

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…

Sec. 29. (a) The board may insert, in a resolution authorizing the issuance of bonds, notes, or other evidences of indebtedness payable from revenues, provisions that then comprise a part of the contract with the holders of the bonds, notes, or other evidences of indebtedness con…

Sec. 3. As used in this chapter, "water facilities" and "water supply" include the following: (1) Source of supply. (2) Treatment facilities. (3) Purifying and storage facilities. (4) Distribution systems. (5) Appurtenant equipment. (6) Materials and supplies. (7) Land, easements…

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 f…

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…

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 empl…

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 migh…

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…

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 cour…

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 holde…

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 r…

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 requir…

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.

Sec. 4. (a) A district established for the purpose of furnishing water supply for domestic, industrial, and public use may elect to furnish water supply under this chapter if: (1) the district plan; or (2) a part of or an amendment to the district plan; so states. (b) A district …

Sec. 5. (a) A district electing to come under this chapter is considered, with regard to activities relating to furnishing water supply for domestic, industrial, and public use, to be a legal entity for the following purposes: (1) Contracting with individuals, associations, corpo…

Sec. 6. An order of the court: (1) establishing a district; or (2) adding the purpose of furnishing water supply for domestic, industrial, and public use; grants to the district territorial authority to provide the service of water supply within the district. Territorial authorit…

Sec. 7. If a district proposes in: (1) the district plan; (2) a part of or an amendment to the district plan; or (3) implementation of the district plan; to provide water supply to users outside of the territory to which the district has been granted territorial authority, the di…

Sec. 8. Upon the filing of a petition with the commission under section 7 of this chapter, the commission shall do the following: (1) Set the petition for public hearing. (2) Give notice of the time and place of the hearing by publication one (1) time in at least one (1) newspape…

Sec. 9. Any interested person may: (1) appear at the hearing under section 8 of this chapter either in person or by attorney; and (2) oppose the petition. [Pre-1995 Recodification Citation: 13-3-4-4(b) part.] As added by P.L.1-1995, SEC.26.