§ 36-9-23-26.1 — Objections to rates and charges; bonds; hearings

Indiana § 36-9-23-26.1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 23: Municipal Sewage Works

Text

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
petitioners;
(2) the petitioners attended the public hearing provided under
section 26 of this chapter;
(3) the written petition is filed with the municipal legislative body
within five (5) days after the ordinance establishing the rates and
charges is adopted under section 26 of this chapter;
(4) the written petition states specifically the ground or grounds
of objection; and
(5) the petitioners have not filed a petition with the commission
under IC 8-1.5-3-8.3 appealing the same rates and charges of the
utility.
(b) Unless the objecting petition is abandoned, the municipal clerk
shall file in the office of the clerk of the circuit or superior court of the
county a copy of the rate ordinance or ordinances together with the
petition. The court shall then set the matter for hearing at the earliest
date possible, which must be within twenty (20) days after the filing of
the petition with the court. The court shall send notice of the hearing
by certified mail to the municipality and to the first signer of the
petition at the address shown on the petition. All interested parties shall
appear in the court without further notice, and the municipality may not
conduct any further proceedings concerning the rates and charges until
the matters presented by the petition have been heard and determined
by the court.
(c) At the discretion and upon direction of the court, the petitioners
shall file with the petition a bond in the sum and with the security fixed
by the court. The bond must be conditioned on the petitioners' payment
of all or part of the costs of the hearing and any damages awarded to
the municipality if the petition is denied, as ordered by the court.
(d) Upon the date fixed in the notice, the court shall, without a jury,
hear the evidence produced. The court may confirm the decision of the
municipal legislative body or sustain the objecting petition. The order
of the court is final and conclusive upon all parties to the proceeding
and parties who might have appeared at the hearing, subject only to the
right of direct appeal. All questions that were presented or might have
been presented are considered to have been adjudicated by the order of
the court, and no collateral attack upon the decision of the municipal
legislative body or order of the court is permitted.
(e) If the court sustains the petition, or if it is sustained on appeal,
the municipal legislative body shall set the rates and charges in
accordance with the decision of the court.

Legislative History

As added by P.L.77-1991, SEC.5. Amended by P.L.139-2012, SEC.6.