Sec. 32. (a) This section applies to excluded cities and towns in a county containing a consolidated city.
(b) A municipality to which this section applies may withdraw from the district established by the consolidated city if the municipal legislative body adopts an ordinance withdrawing the municipality from the district. The municipal legislative body shall, at least thirty (30) days before the final vote on the ordinance, mail written notice of the meeting to the following:
(1) All owners of lots and parcels within the municipality that are subject to storm water user fees imposed in the district by the department of public works of the consolidated city.
(2) The department of public works of the consolidated city.
(c) An ordinance described in subsection (b) takes effect sixty (60) days after adoption by the municipal legislative body.
(d) In addition to the notice required by subsection (b), if a municipal legislative body adopts an ordinance under subsection (b), the municipal legislative body shall mail written notice of the withdrawal from the district to the department of public works of the consolidated city not more than thirty (30) days after the ordinance becomes effective.
(e) If on the date of a municipality's withdrawal from the district there are bonds outstanding that have been issued by the board of public works of the consolidated city, the municipality is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the property in the municipality bears to the assessed valuation of all property included in the district on the date one (1) day before the date of withdrawal, as shown in the most recent assessment for taxation before the date of withdrawal.
(f) If a municipal legislative body adopts an ordinance under subsection (b), the municipality is entitled to receive the following:
(1) An annual lump sum payment equal to the total amount of property taxes paid and allocated to the district's flood debt service fund from all property taxpayers within the municipality, to the extent the property taxes are not necessary to pay the indebtedness owed by the municipality under subsection (e). A payment under this subdivision is required for property taxes assessed beginning on the January 1 preceding the effective date of the municipality's withdrawal from the district.
(2) The total amount of storm water user fees collected by the department of public works of the consolidated city from the lots and parcels in the municipality beginning on the January 1 preceding the effective date of the municipality's withdrawal from the district.
(g) Payments received under subsection (f):
(1) shall be deposited by the municipality in a dedicated fund; and
(2) may be used by the municipality only for purposes of storm water management in the municipality and may not be diverted, directly or indirectly, in any manner to any use other than the purposes of storm water management in the municipality.
As added by P.L.52-2006, SEC.1 and P.L.175-2006, SEC.1. Amended by P.L.154-2006, SEC.65.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1.5. Municipal Utilities
Chapter 5. Department of Storm Water Management
8-1.5-5-1. Application of Chapter
8-1.5-5-3. "Department" Defined
8-1.5-5-3.5. "District" Defined
8-1.5-5-4. Board of Storm Water Management; Directors
8-1.5-5-4.5. County Department of Storm Water Management; Board of Directors; Compensation
8-1.5-5-5. Special Taxing District
8-1.5-5-7. Financing of Facilities; User Fees
8-1.5-5-8. Fixing and Setting Aside Revenues
8-1.5-5-9. Maintenance Account; Surplus
8-1.5-5-10. Bond and Interest Redemption Account; Surplus
8-1.5-5-11. Depreciation Account; Use of Revenues
8-1.5-5-12. Assumption and Payment of Liability Upon Acquisition of Storm Water System
8-1.5-5-13. District Bonds; Nature
8-1.5-5-15. Use of Bond Proceeds; Actions to Compel Performance; Actions Upon Default
8-1.5-5-16. Charge for Services in a Municipality; Deposit of Funds
8-1.5-5-16.5. Charge for Services in a County; Deposit of Funds
8-1.5-5-20. Property Held in Name of Unit Served by the Department
8-1.5-5-21. Bonds for Proposed Work Projects
8-1.5-5-22. Special Benefit Tax
8-1.5-5-23. Approval of Bond Issuance by Unit Served by the Department; Applicability of Ic 6-1.1-20
8-1.5-5-24. Combined Sanitary Sewer and Storm Water System Projects
8-1.5-5-25. Use of Bond Payment Revenues; Pledge of User Fees; Reductions in Fees
8-1.5-5-26. User Fee Pledges; Effect of Amendments or Repeal of Chapter
8-1.5-5-27. Maintenance of Private Property by the Department
8-1.5-5-28. Screening of Storm Water Outfalls
8-1.5-5-29. Liens for Unpaid Fees
8-1.5-5-30. Collection of Unpaid Fees; Recording of Liens; Fees, Charges, and Penalties