Title 36, LOCAL GOVERNMENT

Sec. 55. Any security issued in connection with a financing under this chapter is exempt from the registration requirements of IC 23-19 or any other securities registration law. As added by P.L.346-1989(ss), SEC.7. Amended by P.L.27-2007, SEC.34.

Sec. 56. All bonds issued under this chapter and the interest on the bonds are exempt from taxation in accordance with IC 6-8-5. As added by P.L.346-1989(ss), SEC.7.

Sec. 57. All revenues received by the authority under this chapter are exempt from all taxation. As added by P.L.346-1989(ss), SEC.7.

Sec. 58. The infrastructure, or any part of the infrastructure, to be financed under this chapter, may be financed by any one (1) or more or any combination of one (1) or more of the methods provided for in this chapter. The authority may pledge any money or mortgage or pledge pr…

Sec. 59. This chapter constitutes full authority for the issuance of bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things, by a board, officer, commission, department, agency, or instrumentality of the state is required to issue bo…

Sec. 7. The authority may exercise the power of eminent domain, with the approval of the executive of the unit affected, for any public use in the manner provided by IC 32-24-1. As added by P.L.346-1989(ss), SEC.7. Amended by P.L.2-2002, SEC.116.

Sec. 8. The authority may enter into contracts with a political subdivision to carry out the purposes of this chapter. As added by P.L.346-1989(ss), SEC.7.

Sec. 9. The powers of the authority are vested in a board of directors. The board is comprised of the following members: (1) One (1) member appointed by the executive of each unit participating in the authority. (2) One (1) member appointed by the fiscal body of each unit partici…

Sec. 1. As used in this chapter, "community fast responder" means a volunteer who may be summoned to perform cardiopulmonary resuscitation, defibrillation, or other emergency services under the direction of a nonprofit corporation. As added by P.L.70-2012, SEC.2.

Sec. 2. As used in this chapter, "community fast responder nonprofit corporation" means a nonprofit corporation that organizes or directs community fast responders. The term, for purposes of this chapter, does not include a hospital or an entity operated or directed by a hospital…

Sec. 3. IC 34-30-12-1 (the good Samaritan statute) applies to a community fast responder. As added by P.L.70-2012, SEC.2.

Sec. 4. IC 16-31-6 applies to a community fast responder. As added by P.L.70-2012, SEC.2.

Sec. 5. (a) This section applies if: (1) a county adopts an ordinance approving the provision of community fast responder services by a community fast responder nonprofit corporation; and (2) the community fast responder nonprofit corporation purchases an insurance policy describ…

Sec. 6. A county that adopts an ordinance under section 5(a)(1) of this chapter is immune from civil liability in accordance with IC 34-13-3-3. As added by P.L.70-2012, SEC.2.

Sec. 0.1. The amendments made to section 28 of this chapter (and to IC 32-9-1-2.5, before its repeal) by P.L.236-1993 apply to deposits held by a municipal sewage works under section 28 of this chapter, as amended by this act, after June 30, 1993. As added by P.L.220-2011, SEC.68…

Sec. 1. This chapter applies to all municipalities. [Pre-Local Government Recodification Citation: 19-2-5-2 part.] As added by Acts 1981, P.L.309, SEC.96.

Sec. 10. (a) If the works board or other appropriate body of the municipality determines to construct, acquire, or lease any sewage works, the works board or other appropriate body of the municipality shall adopt a resolution or resolutions: (1) setting forth a brief general desc…

Sec. 11. The engineer's estimate of costs under section 10(a)(2) of this chapter must include: (1) the cost of acquiring or constructing the sewage works; (2) the cost of all property, easements, franchises, and other rights considered necessary or convenient for the works; (3) i…

Sec. 12. (a) This section does not apply to undertakings in compliance with orders of the department of environmental management for which no objections are authorized. (b) Forty (40) or more owners of property connected or to be connected to and served by sewage works authorized…

Sec. 12.5. Whenever a sewer user moves to a different residence from the one being supplied sewer service, but within the same municipality, the sewer utility shall forward the user's final sewer bill to the new address. As added by P.L.349-1985, SEC.4.

Sec. 13. (a) All necessary preliminary expenses actually incurred by the board before the issuance and delivery of revenue bonds, including expenses incurred in: (1) making surveys; (2) estimating costs and revenues; (3) employing engineers or other employees; (4) giving notices;…

Sec. 14. (a) A municipality may, in the manner prescribed by IC 32-24, condemn: (1) sewage works; and (2) any land, easements, franchises, and other property it considers necessary for the construction of sewage works or for improvements to sewage works. However, the municipality…

Sec. 15. Property upon which any lien or other encumbrance exists may not be acquired under this chapter unless, at the time the property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance in full. [Pre-Local Government Recodifi…

Sec. 16. (a) A municipality that does not have a sewage treatment plant, and wants to acquire, construct, improve, operate, and maintain sewage works other than a sewage treatment plant, may proceed under this chapter only if it first contracts for the required treatment of the s…

Sec. 17. (a) This chapter does not authorize a municipality to make any contract or to incur any obligation that is not payable solely from money provided under this chapter. (b) Money for the costs of the sewage works or any improvement of the works may be provided only: (1) by …

Sec. 18. (a) Revenue bonds issued under this chapter are payable solely from the revenues of the sewage works for which they are issued, and are not a corporate indebtedness of the municipality. (b) The revenue bonds bear interest at a rate not to exceed the maximum rate per annu…

Sec. 19. Any action to contest the validity of revenue bonds issued under this chapter must be brought at least five (5) days before the advertised date for the sale of the bonds. [Pre-Local Government Recodification Citation: 19-2-5-12 part.] As added by Acts 1981, P.L.309, SEC.…

Sec. 2. A municipality may: (1) acquire, construct, improve, operate, and maintain sewage works under this chapter; (2) acquire, by gift, grant, purchase, condemnation, or otherwise, all lands, rights-of-way, and other property that are necessary for the sewage works; (3) issue r…

Sec. 20. (a) The first proceeds of any revenue bonds issued under this chapter shall be used to repay all amounts advanced for preliminary expenses under section 13 of this chapter. The remaining proceeds of the bond issue shall be applied to the cost of acquiring, constructing, …

Sec. 21. At or before the time of issuance of revenue bonds under this chapter, the municipal legislative body, by ordinance, shall: (1) establish a sinking fund for the payment of: (A) the principal of and interest on the bonds; and (B) the charges of banks or trust companies fo…

Sec. 22. (a) The municipal legislative body may secure revenue bonds issued under this chapter by a trust indenture between the municipality and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana, or another state. However,…

Sec. 23. (a) The rights granted by this section are subject to any restrictions contained in the ordinance authorizing the issuance of revenue bonds or in any trust indenture securing the bonds. (b) The holder of any revenue bonds or any coupons attached to them, and the trustee,…

Sec. 24. The municipality is subject to the fees established under this chapter or to fees established in harmony with this chapter, for services rendered the municipality, and shall pay the fees when due. The fees are considered part of the revenues of the sewage works and are s…

Sec. 25. (a) Subject to section 37 of this chapter, the municipal legislative body shall, by ordinance, establish just and equitable fees for the services rendered by the sewage works, and provide the dates on which the fees are due. (b) Just and equitable fees are the fees requi…

Sec. 26. (a) After the introduction of the ordinance establishing fees under section 25 of this chapter, but before it is finally adopted, the municipal legislative body shall hold a public hearing at which users of the sewage works, owners of property served or to be served by t…

Sec. 26.1. (a) Owners of property connected or to be connected to and served by the sewage works authorized under this chapter may file a written petition objecting to the rates and charges of the sewage works so long as: (1) the petition contains the names and addresses of the p…

Sec. 27. After a contract for the construction of sewage works has been let and actual work has commenced, the municipality may bill and collect fees for the services to be rendered, in an amount sufficient to pay: (1) the interest on the revenue bonds; and (2) other expenses pay…

Sec. 28. (a) The legislative body of a municipality that operates sewage works under this chapter may, by ordinance, require the owners, lessees, or users of property served by the works to pay a deposit to ensure payment of sewer fees. (b) The deposit required may not exceed the…

Sec. 28.5. (a) This section does not apply to a deposit made under section 28 of this chapter. (b) IC 32-34-1.5 does not apply to an overpayment described in subsection (d). (c) As used in this section, "payor" refers to the owner, lessee, or user of property served by the sewage…

Sec. 29. (a) If, as part of the construction of sewage works under this chapter, a municipality constructs a sewer suitable for use as a local or lateral sewer by abutting or adjoining property, it may charge a fee for connections to the sewer. The fee must be based on the pro ra…

Sec. 3. The construction, acquisition, improvement, operation, and maintenance of sewage works under this chapter shall be supervised and controlled by the municipal works board. However, the municipal legislative body may, by ordinance, transfer the powers and duties of the work…

Sec. 30. (a) Subject to subsection (b) and section 30.1 of this chapter, a municipality that operates sewage works under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) may require: (1) connection to its sewer system of any property produci…

Sec. 30.1. (a) As used in this section, "constructed wetland septic system" means a residential sewage disposal system that includes: (1) a septic tank or other type of primary wastewater treatment system; and (2) a constructed wetland cell in which: (A) effluent flows on top of …

Sec. 31. If fees assessed against real property under this chapter or any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) are not paid within the time fixed by the municipal legislative body, they are delinquent. A penalty of ten percent (10%) of the amount of the f…

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 th…

Sec. 33. (a) Subsections (c) through (l) do not apply to unpaid fees and penalties assessed against property occupied by someone other than the property owner if: (1) the municipal legislative body has adopted an ordinance provision described in section 25(f) of this chapter conc…