§ 8-1.5-3-8.1 — Hearings; adoption of rates and charges; notice; contents

Indiana § 8-1.5-3-8.1

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 3: Operation of Municipally Owned Utilities Generally

Text

1. (a) As used in this section, "utility" refers
to a municipally owned:
(1) water utility;
(2) wastewater utility; or
(3) combined water and wastewater utility;
that is not under the jurisdiction of the commission for the approval of
rates and charges.
(b) As used in this section, "works" refers to water or wastewater
utility works.
(c) After the introduction of the ordinance establishing the rates and
charges under section 8 of this chapter, but before the ordinance is
finally adopted, the municipal legislative body shall hold a public
hearing at which users of the works, owners of property served or to be
served by the works, and other interested persons may be heard
concerning the proposed rates and charges. Notice of the hearing,
setting forth the proposed schedule of rates and charges, shall be:
(1) published in accordance with IC 5-3-1 (IC 5-3-1-1 through IC 5-3-1-9);
(2) mailed to owners of vacant or unimproved property if the
ordinance includes a fee for water or wastewater service to vacant
or unimproved property; and
(3) mailed to users of the works for service to property located
outside the municipality's corporate boundaries.
The notice may be mailed in any form so long as the notice of hearing
is conspicuous. The hearing may be adjourned from time to time.
Notice mailed under subdivision (3) must include a statement that,
following adoption of the ordinance, the users described in subdivision
(3) may be entitled to petition the commission under section 8.3 of this
chapter to review and adjust the rates and charges imposed on the users
if a petition under section 8.2 of this chapter or under IC 36-9-23-26.1
with respect to the same rate ordinance has not been filed.
(d) After the hearing, the municipal legislative body shall adopt the
ordinance establishing the rates and charges, either as originally
introduced or as modified. A copy of the schedule of rates and charges
adopted shall be kept on file and available for public inspection in the
offices of the board and the municipal clerk. An ordinance adopted
after March 31, 2012, that imposes different rates and charges for
service to property located outside the corporate boundaries of the
municipality as compared to property located within the corporate
boundaries of the municipality must state in plain language the
percentage difference between the rates and charges.
(e) The rates and charges established for any class of users or
property 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 rates
and charges in the same manner as they were established.
(g) Rates and charges collected under this chapter are considered
revenues of the utility.

Legislative History

As added by P.L.77-1991, SEC.1. Amended by P.L.139-2012, SEC.1.