§ 14-33-5-21 — Powers relating to sewage and liquid waste

Indiana § 14-33-5-21

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 5: Board of Directors

Text

(a) If the board issues revenue bonds for the
collection, treatment, and disposal of sewage and liquid waste, the
board may do the following:
(1) Subject to sections 21.1 and 21.2 of this chapter, establish just
and equitable rates and charges and use the same basis for the
rates as provided in IC 36-9-23-25 through IC 36-9-23-29.
(2) Collect and enforce the rates, beginning with the
commencement of construction as provided in IC 36-9-23.
(3) Establish rules and regulations.
(4) Require connection to the board's sewer system of any
property producing sewage or similar waste and require
discontinuance of use of privies, cesspools, septic tanks, and
similar structures. The board may enforce this requirement by
civil action in circuit or superior court as provided in IC 36-9-23-30.
(5) Provide for and collect a connection charge to the board's
sewer system as provided in IC 36-9-23-25 through IC 36-9-23-29.
(6) Contract for treatment of the board's sewage and pay a fair and
reasonable connection fee or rate for treatment, or a combination
of both, as provided in IC 36-9-23-16.
(7) Secure the bonds by a trust indenture as provided in IC 36-9-23-22.
(8) Create a sinking fund for the payment of principal and interest
and accumulate reasonable reserves as provided in IC 36-9-23-21.
(9) Issue temporary revenue bonds to be exchanged for definite
revenue bonds as provided in IC 36-9-23-17 through IC 36-9-23-20.
(10) Issue additional revenue bonds as part of the same issue if
the issue does not meet the full cost of the project for which the
bonds were issued as provided in IC 36-9-23-17 through IC 36-9-23-20.
(11) Issue additional revenue bonds for improvements,
enlargements, and extensions as provided in IC 36-9-23-18.
(12) Covenant with the holders of the revenue bonds for the
following:
(A) Protection of the holders concerning the use of money
derived from the sale of bonds.
(B) The collection of necessary rates and charges and
segregation of the rates and charges for payment of principal
and interest.
(C) Remedy if a default occurs.
The covenants may extend to both repayment from revenues and
other money available to the district by other statute as provided
in IC 36-9-23.
(b) In the same manner as provided by IC 36-9-23, the rates or
charges made, assessed, or established by the district are a lien on a lot,
parcel of land, or building that is connected with or uses the works by
or through any part of the sewage system of the district. The liens:
(1) attach;
(2) are recorded;
(3) are subject to the same penalties, interest, and reasonable
attorney's fees on recovery; and
(4) shall be collected and enforced;
in substantially the same manner as provided in IC 36-9-23-31 through
IC 36-9-23-32.
[Pre-1995 Recodification Citation: 13-3-3-45.]

Legislative History

As added by P.L.1-1995, SEC.26. Amended by P.L.168-2009, SEC.1.