Indiana § 36-9-24-11 Fees; establishment; procedure

Indiana Statutes

§ 36-9-24-11 — Fees; establishment; procedure

Indiana·Title 36 LOCAL GOVERNMENT·Art. 9 TRANSPORTATION AND PUBLIC WORKS·Ch. 24 Leasing of Sewage Disposal Facilities

(a)A municipality that leases facilities under this chapter may, by ordinance, establish, bill, and collect fees from the property and users in the area served by the leased facilities. The fees must be sufficient to pay the costs of operation, maintenance, repair, alterations, depreciation, additions, and extensions of the leased facilities, and to pay the lease rental as it becomes due.

(b)The municipal legislative body may use one (1) or more of the following factors to establish the fees:

(1)A flat charge for each sewer connection.

(2)The amount of water used on or in the property.

(3)The number and size of water outlets on the property.

(4)The amount, strength, or character of the sewage discharged into the sewers.

(5)The size of sewer connections.

(6)Any other factors the leg

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(a) A municipality that leases facilities under
this chapter may, by ordinance, establish, bill, and collect fees from the
property and users in the area served by the leased facilities. The fees
must be sufficient to pay the costs of operation, maintenance, repair,
alterations, depreciation, additions, and extensions of the leased
facilities, and to pay the lease rental as it becomes due.
(b) The municipal legislative body may use one (1) or more of the
following factors to establish the fees:
(1) A flat charge for each sewer connection.
(2) The amount of water used on or in the property.
(3) The number and size of water outlets on the property.
(4) The amount, strength, or character of the sewage discharged
into the sewers.
(5) The size of sewer connections.
(6) Any other factors the legislative body considers necessary.
(c) After introduction of the ordinance establishing the fees, but
before it is finally adopted, the municipal legislative body shall hold a
public hearing at which all of the users of the leased facilities and
owners of property served or to be served by the facilities may be heard
concerning the proposed fees. Notice of the hearing, setting forth the
proposed schedule of fees, shall be published in accordance with IC 5-3-1. The hearing may be adjourned from time to time.
(d) After the hearing, the municipal legislative body shall adopt the
ordinance establishing the fees, either as originally introduced or as
modified.
(e) The fees established for any class of users shall be extended to
cover any additional property that is subsequently served and falls
within the same class, without any hearing or notice.
(f) The municipal legislative body may change or readjust the fees
in the same manner by which they were established.
(g) The fees established and collected by the municipality are not
subject to the jurisdiction of the utility regulatory commission.
(h) The municipality may collect delinquent fees in the manner
provided by IC 36-9-23-31 through IC 36-9-23-34.
[Pre-Local Government Recodification Citation:
19-2-5.5-5.]
As added by Acts 1981, P.L.309, SEC.97. Amended by Acts
1981, P.L.45, SEC.64; P.L.23-1988, SEC.128; P.L.186-1988,
SEC.7.