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13-26-5-1. Prerequisites to Exercising Rights, Powers, and Duties

Sec. 1. Upon: (1) the declaration of the commissioner organizing a district; (2) the qualification of the board; and (3) the election of a president, a treasurer, and a secretary; the district may exercise in the district’s own name, as a municipal corporation, all the rights, powers, and duties conferred upon the district by this […]

13-26-5-2. Powers

Sec. 2. A district may do the following: (1) Sue or be sued. (2) Make contracts in the exercise of the rights, powers, and duties conferred upon the district. (3) Adopt and alter a seal and use the seal by causing the seal to be impressed, affixed, reproduced, or otherwise used. However, the failure to […]

13-26-5-2.5. Septic Tank Soil Absorption System Exemption

Sec. 2.5. (a) As used in this section, “septic tank soil absorption system” has the meaning set forth in IC 13-11-2-199.5. (b) Subject to subsection (d), a property owner is exempt from the requirement to connect to a district’s sewer system and to discontinue use of a septic tank soil absorption system if the following […]

13-26-5-2.6. Large Parcel Exemption

Sec. 2.6. A district may not require the owner of a property described in section 2(8) of this chapter to connect to the district’s sewer system if: (1) the property is located on at least ten (10) acres; (2) the owner can demonstrate the availability of at least two (2) areas on the property for […]

13-26-5-3. Rules and Resolutions of Board; Legislative and Administrative Acts

Sec. 3. (a) The board may by rules and resolutions provide the following: (1) The procedure for the board’s actions. (2) The manner of selection of the board’s president, treasurer, and secretary and other officers or employees of the district, including the titles, terms of office, compensation, duties, number, and qualifications. (3) Any other lawful […]

13-26-5-4. Rules; Establishment and Enforcement

Sec. 4. (a) The board may adopt and enforce rules for the following purposes: (1) To accomplish the purpose of a district. (2) To protect the works, improvements, and properties, both real and personal, that the district owns. (3) To secure the best results from the construction, operation, and maintenance of works, improvements, and properties. […]

13-26-5-5. Contracts for Purchases of Supplies, Materials, or Labor

Sec. 5. The board or an officer or employee designated by the board may contract for the following: (1) The purchase of supplies in accordance with IC 5-22. (2) Labor for a work in accordance with IC 36-1-12. [Pre-1996 Recodification Citation: 13-3-2-13.] As added by P.L.1-1996, SEC.16. Amended by P.L.49-1997, SEC.48.

13-26-5-6. Eminent Domain

Sec. 6. (a) Subject to subsections (b) and (c), the board may condemn for the use of the district public or private land, easements, rights, rights-of-way, franchises, or other property within or outside the district required by the district for the accomplishment of the district’s purposes according to the statutory procedure for the appropriation of […]

13-26-5-6.5. Notice; Proposed Extension of Service

Sec. 6.5. A district that intends to extend service within its territory shall provide notice to all owners of property to be served by the proposed extension of service in the following manner not later than sixty (60) days from the date of the decision to extend service: (1) By publication one (1) time each […]

13-26-5-8. Limitations on Contracts

Sec. 8. A district may make contracts or incur obligations only if the contracts or obligations are payable solely from: (1) the money provided under this article; or (2) federal, state, or other grants or contributions. [Pre-1996 Recodification Citation: 13-3-2-16(a) part.] As added by P.L.1-1996, SEC.16.

13-26-5-9. Disbursal of Money for District Purposes; Electronic Funds Transfers; Advance Claim Payments; Board Preapproval and Review Required

Sec. 9. (a) As used in this section, “electronic funds transfer” means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, a telephone, a computer, magnetic tape, or other electronic means to order, instruct, or authorize a financial institution to debit […]