Sec. 4. (a) A sanitary board established under this chapter consists of:
(1) the municipal executive; and
(2) two (2) persons appointed by the municipal legislative body, one (1) of whom must be a registered professional engineer.
The legislative body may not appoint any paid or unpaid municipal officer or employee to the board.
(b) One (1) of the original appointees to the sanitary board serves for a term of two (2) years, and the other serves for a term of three (3) years.
(c) When the term of a member of the sanitary board expires, a successor shall be appointed for a term of three (3) years in the manner prescribed by subsection (a).
(d) Vacancies on the sanitary board shall be filled for the unexpired term in the manner prescribed by subsection (a).
(e) The municipal executive is the chair of the sanitary board.
(f) The sanitary board shall select a vice chair from its members, and shall select a secretary and a treasurer, who need not be members of the board. However, the board may combine the offices of secretary and treasurer into a single office of secretary-treasurer. The officers selected under this subsection serve at the pleasure of the board.
(g) Each member of the sanitary board is entitled to the compensation, if any, that is fixed by:
(1) the executive, with the approval of the legislative body, in a city; or
(2) the legislative body, in a town;
as a salary or as payment for meetings attended. Each member is also entitled to payment for reasonable expenses incurred in the performance of the member's duties.
(h) The compensation of the secretary and treasurer of the sanitary board shall be fixed by:
(1) the executive, with the approval of the legislative body, in a city; or
(2) the legislative body, in a town.
(i) The municipal legislative body shall fix the bond required of each member of the sanitary board and of the treasurer of the board. These bonds shall be filed with the county recorder under IC 5-4-1-5.1.
(j) The sanitary board may establish rules and bylaws for its own government.
[Pre-Local Government Recodification Citation: 19-2-5-4 part.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.127-2017, SEC.313.
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