Sec. 23. (a) The rights granted by this section are subject to any restrictions contained in the ordinance authorizing the issuance of revenue bonds or in any trust indenture securing the bonds.
(b) The holder of any revenue bonds or any coupons attached to them, and the trustee, if any, may, either at law or in equity, protect and enforce all rights granted by this chapter or under the ordinance or trust indenture, including the making and collecting of reasonable and sufficient fees for services rendered by the sewage works.
(c) If the principal or interest of any of the revenue bonds is not paid on the date named in the bonds for payment, any court having jurisdiction of the action may appoint a receiver to administer the sewage works on behalf of the municipality, the bondholders, and the trustee, if any. The receiver may:
(1) charge and collect fees sufficient to provide for the payment of the expenses of operation, repair, and maintenance of the works;
(2) pay any revenue bonds and interest outstanding; and
(3) apply the revenues in conformity with this chapter, the ordinance authorizing the bond issue, and the trust indenture, if any.
[Pre-Local Government Recodification Citation: 19-2-5-17.]
As added by Acts 1981, P.L.309, SEC.96.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 23. Municipal Sewage Works
36-9-23-0.1. Application of Certain Amendments to Chapter
36-9-23-1. Application of Chapter
36-9-23-3. Supervision and Control
36-9-23-7. Board; Operation of Works
36-9-23-8. Board; Restoration of Works
36-9-23-9. Board; Authority Relating to Employees; Payment of Expenses
36-9-23-12.5. User Moving to New Residence; Forwarding Final Bill
36-9-23-13. Preliminary Expenses; Payment From General Fund; Repayment From Bond Proceeds
36-9-23-15. Acquisition of Property Subject to Lien or Other Encumbrance
36-9-23-19. Bonds; Actions to Contest Validity; Limitations
36-9-23-20. Bonds; Disposition of Proceeds; Lien of Holders or Trustee
36-9-23-21. Bonds; Sinking Fund
36-9-23-22. Bonds; Security by Trust Indenture Permitted; Terms of Indenture
36-9-23-23. Bonds; Enforcement Rights of Holders; Receivership
36-9-23-24. Fees; Municipality Subject to Fees of Sewage Works
36-9-23-26. Fees; Hearing; Notice; Adoption; Readjustment
36-9-23-26.1. Objections to Rates and Charges; Bonds; Hearings
36-9-23-27. Fees; Collection Upon Commencement of Construction; Amount
36-9-23-28.5. Unclaimed Overpayments of Sewer Fees Becoming Property of Municipality
36-9-23-31. Fees; Nonpayment; Delinquency Penalty; Civil Action to Recover
36-9-23-34. Liens; Foreclosure; Attorney's Fees
36-9-23-36. Municipal Powers; Areas Outside Corporate Boundaries