Title 8, UTILITIES AND TRANSPORTATION

Sec. 7. The area of jurisdiction of a port authority shall include: (1) all of the territory of the political subdivision or subdivisions creating it; and (2) a facility that is owned or operated by the port authority, whether or not the facility is within the boundaries of the p…

Sec. 8. (a) A port authority is an instrumentality of the state and shall have full power and authority independent of any political subdivision to do the following: (1) Purchase, construct, sell, lease, and operate docks, wharves, warehouses, piers, and other port, terminal, or …

Sec. 8.1. In addition to the other powers granted under this chapter, the port authority may contract for, accept, or otherwise acquire and maintain railroad property and rights-of-way. The port authority may accept and expend funding from any source, and may issue revenue bonds,…

Sec. 8.5. Port authorities created in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), shall have all the powers of port authorities provided under section 8 of this chapter except the power to exercise emin…

Sec. 8.7. (a) The board of directors may, by resolution, recommend to the governing body of the municipality or municipalities creating the port authority that they authorize general obligations, mortgage, or revenue bonds for any one (1) or more of the following purposes: (1) To…

Sec. 8.9. With the approval of the governing body creating it, a port authority may sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns. Money received from these sources shall be deposited in the nonreverting capital fund of th…

Sec. 9. The board of directors of a port authority shall prepare or cause to be prepared a plan for the future development, construction, and improvement of the port and its facilities, including such maps, profiles, and other data and descriptions as may be necessary to set fort…

Sec. 1. This chapter applies to each: (1) municipality; and (2) county that: (A) does not have a consolidated city; and (B) receives notification from the department of environmental management that the county will be subject to storm water regulation under 327 IAC 15-13; that ad…

Sec. 1.5. The definitions in IC 36-1-2 apply throughout this chapter. As added by P.L.282-2003, SEC.3.

Sec. 10. (a) The revenues set aside for the payment of the principal and interest of the authorized bonds shall be deposited and credited to a special account identified as "the bond and interest redemption account". (b) In determining the amount that is to be set aside for the p…

Sec. 11. The revenues set aside to the depreciation account shall be expended for: (1) the repair of the storm water system; (2) new acquisition, construction, extensions, or additions to the property of the storm water system; or (3) transfer to the bond and interest redemption …

Sec. 12. (a) If the board acquires a storm water system and assumes the liability incurred by the seller to construct the storm water system, the principal and interest on the liability so assumed shall be paid from the bond and interest redemption account in the same manner as b…

Sec. 13. (a) The bonds of the district are: (1) a valid claim of the holders only against the bond and interest redemption account and the revenues of the storm water system; and (2) exempt from taxation in Indiana as provided by IC 6-8-5. (b) The bonds may be issued either as re…

Sec. 14. A board acquiring a storm water system and paying for it and for extensions and betterments authorized at the time of acquisition may provide for the combined cost in one (1) issue of bonds. The board shall issue and secure the bonds in the manner provided in this chapte…

Sec. 15. (a) All money received from bonds issued under this chapter shall be applied solely to the acquisition, construction, repair, and maintenance of the storm water system, the cost of the issuance of the bonds, and the creation of any reserve for the bonds. (b) Any holder o…

Sec. 16. (a) This section applies to a municipality. (b) The reasonable cost and value of any service rendered to the municipality by the storm water system by furnishing storm water collection and disposal shall be: (1) charged against the municipality; and (2) paid for as the s…

Sec. 16.5. (a) This section applies to a county. (b) The reasonable cost and value of any service rendered to the county by the storm water system by furnishing storm water collection and disposal shall be: (1) charged against all the territory in the county, except territory wit…

Sec. 17. (a) If, upon investigation, the board finds that: (1) the storm water system is insufficient to furnish the necessary collection and disposal of storm water to properly protect the public health and welfare and safeguard the property within the district; or (2) it is nec…

Sec. 18. (a) At the time fixed for the hearing or before the hearing, the following persons may file a written remonstrance with the board: (1) The owner of real property, rights-of-way, or other property to be appropriated under the resolution. (2) A person injuriously affected …

Sec. 19. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the storm water district is located. (b) A remonstrator desiring to appeal the …

Sec. 2. As used in this chapter, "board" means the following: (1) For a consolidated city, the board of public works established by IC 36-3-5-6. (2) For all other municipalities, the: (A) board of directors described in section 4 of this chapter; or (B) board that controls the th…

Sec. 20. All real property, rights-of-way, or other property acquired by purchase or appropriation shall be taken and held in the name of the unit served by the department. As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.15.

Sec. 21. (a) To procure money to pay for the required property and the acquisition, erection, and construction of the proposed work, and in anticipation of the collection of the special benefit tax, the board may issue, in the name of the unit served by the department, special ta…

Sec. 22. (a) To raise the necessary revenues to pay for the bonds issued and the interest on the bonds, the board: (1) after approval by the fiscal body of the unit served by the department, shall levy a special benefit tax upon all the property of the storm water district in the…

Sec. 23. (a) The board may not issue any bonds authorized by this chapter until it has secured the approval for the issuance of the bonds from the fiscal body of the unit served by the department. (b) IC 6-1.1-20 applies to the issuance of bonds under this chapter which are or ma…

Sec. 24. (a) Whenever work on a storm water system (that is combined with a sanitary sewer system) necessitates the repair or replacement of all or part of a sanitary sewer system, the entity that owns or maintains the sanitary sewer system shall assume a proportionate share of t…

Sec. 25. (a) Revenues received by the department may be used to pay for bonds issued to acquire, construct, install, operate, and maintain facilities and land for storm water collection and disposal systems. (b) If there are bonds outstanding for which user fees were pledged, the…

Sec. 26. With respect to bonds for which a pledge has been made under section 25 of this chapter, the general assembly covenants with the holders of these bonds that: (1) this chapter will not be repealed or amended in a manner that will adversely affect the imposition or collect…

Sec. 27. If the department: (1) uses private property for storm water collection or disposal; and (2) obtains the consent of the owner of the private property to maintain the private property; the department shall maintain the private property. As added by P.L.282-2003, SEC.19.…

Sec. 28. A person may not be required to screen a storm water outfall if the pipe diameter of the storm water outfall is less than twenty-four (24) inches. As added by P.L.282-2003, SEC.20.

Sec. 29. (a) Subsections (c), (d), and (e) do not apply to a city that before January 1, 2005, adopted an ordinance establishing procedures for the collection of unpaid user fees under this chapter through the enforcement of a lien. (b) Fees assessed against real property under t…

Sec. 3. As used in this chapter, "department" means the following: (1) For a consolidated city, the department of public works. (2) For all other municipalities, the department of storm water management established under section 4 of this chapter. (3) For a county, the department…

Sec. 3.5. As used in this chapter, "district" means the special taxing district established by section 5 of this chapter. As added by P.L.93-1993, SEC.5 and P.L.98-1993, SEC.3.

Sec. 30. (a) The board may defer enforcing the collection of unpaid fees and penalties assessed under this chapter until the unpaid fees and penalties have been due and unpaid for at least ninety (90) days. However, in the case of property that is occupied by someone other than t…

Sec. 31. (a) A district may foreclose a lien established by this chapter in order to collect fees and penalties. The district 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 valuati…

Sec. 32. (a) This section applies to excluded cities and towns in a county containing a consolidated city. (b) A municipality to which this section applies may withdraw from the district established by the consolidated city if the municipal legislative body adopts an ordinance wi…

Sec. 4. (a) This section applies to all municipalities except a consolidated city. (b) If the legislative body of a municipality adopts the provisions of this chapter by ordinance, a department of storm water management is established and is controlled by a board of directors. (c…

Sec. 4.5. (a) This section applies to a county. (b) If the county executive adopts the provisions of this chapter by ordinance, a department of storm water management is established and is controlled by a board of directors. (c) An ordinance adopted under this section shall provi…

Sec. 5. (a) The ordinance adopting the provisions of this chapter creates a special taxing district that includes the following: (1) For a consolidated city, all of the territory of the county containing the consolidated city. (2) For all other municipalities, all territory withi…

Sec. 6. The board has the powers and duties prescribed by IC 8-1.5-3-4(a). In addition, the board may: (1) hold hearings following public notice; (2) make findings and determinations; (3) install, maintain, and operate a storm water collection and disposal system; (4) make all ne…

Sec. 7. (a) The acquisition, construction, installation, operation, and maintenance of facilities and land for storm water systems may be financed through: (1) proceeds of special taxing district bonds of the storm water district; (2) the assumption of liability incurred to const…

Sec. 8. The board may fix and set aside: (1) revenues of the department necessary for reasonable and proper operation and maintenance; (2) revenues for a proper and adequate depreciation account; and (3) revenues to be applied to the payment of the principal and interest of the a…

Sec. 9. (a) In fixing the revenues of the department required for operation and maintenance, the board shall consider the cost of the operation and maintenance of the department. (b) If a surplus is accumulated in the operating and maintenance account, the board may transfer any …

Sec. 1. Any county or municipality bordering on a stream which forms the boundary line between Indiana and any adjoining state, through its county executive may build and maintain a bridge across the river or stream, in cooperation with any contiguous governmental unit of the adj…

Sec. 3. After action by the county executive certified to the county fiscal body, the county fiscal body shall appropriate, out of the money raised by taxation or realized from the sale of bonds under IC 8-18-22 or obligations, one-half (1/2) of the necessary money to build and m…

Sec. 4. The county executive of the county may plan all details, do all things necessary to carry out the work of constructing and maintaining the bridge, and cooperate with the contiguous governmental unit of the adjoining state in building and maintaining the bridge. Formerly: …