36-9-24-1. Application of Chapter
Sec. 1. This chapter applies to all municipalities that own and operate sewage works under IC 36-9-23. [Pre-Local Government Recodification Citation: 19-2-5.5-1 part.] As added by Acts 1981, P.L.309, SEC.97.
36-9-24-10. Determination of Sufficiency by Department of Environmental Management
Sec. 10. A lease under this chapter does not become effective until its provisions for sewage treatment have been found sufficient by the department of environmental management according to rules adopted by the environmental rules board. [Pre-Local Government Recodification Citation: 19-2-5.5-8 part.] As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.143-1985, SEC.201; P.L.113-2014, SEC.126.
36-9-24-11. Fees; Establishment; Procedure
Sec. 11. (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 […]
36-9-24-12. Tax Liability and Exemptions
Sec. 12. Facilities leased to a municipality under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of such a lease is subject to all applicable taxes. [Pre-Local Government Recodification Citation: 19-2-5.5-9.] As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.8.
36-9-24-13. Exception From Compliance With Certain Statutes
Sec. 13. Except as specifically required in this chapter, a municipality acting under this chapter need not comply with other statutes concerning the lease and acquisition of facilities by municipalities. [Pre-Local Government Recodification Citations: 19-2-5.5-10; Acts 1975, P.L.211, SECTION 2.] As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.186-1988, SEC.9.
36-9-24-14. Operation and Lease of Facilities Within One Mile of Boundaries Considered Furnishing of Sewage and Sewer Service
Sec. 14. A municipality that leases and operates sewage disposal facilities in an area within one (1) mile outside its corporate boundaries is considered to be furnishing sewage and sewer service in that area for purposes of IC 36-4-3-13. [Pre-Local Government Recodification Citation: 19-2-5.5-2 part.] As added by Acts 1981, P.L.309, SEC.97.
36-9-24-2. “Sewage Disposal Facilities” Defined
Sec. 2. As used in this chapter, “sewage disposal facilities” means all or part of the facilities of a sewage disposal company furnishing service within the corporate boundaries of a municipality, or within one (1) mile outside those boundaries, including: (1) certificates of territorial authority; (2) indeterminate permits; (3) franchises; (4) rights-of-way; and (5) easements; […]
36-9-24-3. Authorization
Sec. 3. (a) A municipality may lease sewage disposal facilities from a sewage disposal company that: (1) holds a certificate of territorial authority under IC 8-1-2-89; and (2) is a corporation organized under Indiana law for the purpose of acquiring, constructing, and leasing sewage disposal facilities to a municipality. (b) In addition to the authority […]
36-9-24-4. Maximum Duration; Options to Renew
Sec. 4. The term of a lease under this chapter may not exceed fifty (50) years. However, the lease must provide that the municipality has an option to renew the lease for a further term on similar conditions. [Pre-Local Government Recodification Citation: 19-2-5.5-3 part.] As added by Acts 1981, P.L.309, SEC.97.
36-9-24-5. Options to Purchase; Authorization of Bonds to Finance Purchase; Disposition of Property When Option Not Exercised
Sec. 5. (a) A lease under this chapter must provide that the municipality has an option to purchase the property covered by the lease, under the terms and conditions specified in the lease. (b) If the municipality exercises the option to purchase, it may obtain money to pay the purchase price by issuing and selling […]
36-9-24-6. Optional Provisions of Leases; Payment of Taxes, Assessments, Insurance, and Maintenance Expenses
Sec. 6. (a) A lease under this chapter may provide that: (1) as part of the lease rental for the facilities, the municipality shall agree to: (A) pay all property taxes and assessments levied against or on account of the facilities; and (B) maintain insurance on the facilities for the benefit of the lessor; and […]
36-9-24-7. Proposed Leases; Notice and Hearing
Sec. 7. (a) When a municipality and a lessor agree on the terms and conditions of a lease proposed to be entered into under this chapter, notice of a hearing to be held before the municipal legislative body shall be given to all interested persons by publication in accordance with IC 5-3-1. The notice must […]
36-9-24-8. Notice of Signing of Lease Contract; Petitions, Notice, and Hearing Concerning Objections to Lease Rental
Sec. 8. (a) When a municipal legislative body authorizes the execution of a lease under section 7 of this chapter, notice of the signing of the contract shall be given by publication in the manner prescribed by section 7 of this chapter. Within thirty (30) days after publication of the notice, fifty (50) or more […]
36-9-24-9. Limitations on Actions to Contest Leases
Sec. 9. An action to contest the validity of a lease under this chapter, or to enjoin the performance of any of the terms and conditions of such a lease, may not be instituted later than: (1) thirty (30) days after publication of notice under section 8(a) of this chapter; or (2) if a petition […]