Indiana Code
Title 8. Utilities and Transportation
Article 1.5. Municipal Utilities

8-1.5-2-3. Disposition, Construction, and Acquisition of Utilities; Lease and Operation of Waterworks Facilities - Sec. 3. (a) Subject to restrictions imposed by a bond...

8-1.5-2-4. Sale of Nonsurplus Property; Writing Providing for Appraisal; Sufficiency of Written Contracts With Appraisers - Sec. 4. Whenever the municipal legislative body or the municipal...

8-1.5-2-5. Sale of Nonsurplus Property; Appraiser Qualifications; Public Hearing; Ordinance for Sale; Effective Date; Petitions Opposing Sale; Submission to Voters; Ordinances Adopted After March 28, 2016 - Sec. 5. (a) Each appraiser appointed as provided by section...

8-1.5-2-6. Sale of Nonsurplus Property; Terms of Ordinance; Satisfaction of Existing Obligations; Bid Submitted by Trust; Proceeds; Sale for Less Than Appraised Value - Sec. 6. (a) The ordinance adopted by the municipal legislative...

8-1.5-2-6.1. Sale of Nonsurplus Property; Ordinance Adopted After March 28, 2016; Approval of Commission; Terms and Conditions; Public Interest Determination; Net Original Cost Rate Base; Submission to Voters - Sec. 6.1. (a) This section applies to a municipality that...

8-1.5-2-7. Public Convenience and Necessity; Declaratory Resolution - Sec. 7. (a) A certificate of public convenience and necessity...

8-1.5-2-8. Preliminary Expenses; Appropriation - Sec. 8. Before a municipal legislative body: (1) proposes to...

8-1.5-2-9. Appropriation for Preliminary Expenses; Repayment - Sec. 9. If the municipal legislative body proceeds to construct...

8-1.5-2-10. Ordinance Declaring Public Convenience and Necessity; Notice and Hearing - Sec. 10. (a) Before a municipal legislative body adopts an...

8-1.5-2-11. Repealed - As added by Acts 1982, P.L.74, SEC.1. Repealed by P.L.172-2009,...

8-1.5-2-12. Sale of Heat, Light, Water, or Power to Municipality - Sec. 12. (a) Upon the approval by resolution of the...

8-1.5-2-13. Contracts for Acquisition, Construction, or Replacement of Public Utility Property; Authorizing Ordinance - Sec. 13. A contract made by the municipal legislative body...

8-1.5-2-14. Costs of Construction or Acquisition; Security for Payment - Sec. 14. A municipality that constructs or acquires a utility...

8-1.5-2-15. Condemnation; Authorization - Sec. 15. (a) This section applies to the following: (1)...

8-1.5-2-15.5. Condemnation of Public Utility - Sec. 15.5. (a) This section does not apply to the...

8-1.5-2-16. Repealed - As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.3-1997,...

8-1.5-2-17. Acquisition of Property Rights Inside or Outside Boundaries; Utility Lines; Protection of Services From Injury or Pollution; Attachments From Abuse, Destruction, or Waste - Sec. 17. (a) A municipality, by exercising the power of...

8-1.5-2-18. Bonds; Payable Out of Special Account; Issuance - Sec. 18. (a) To provide money to pay for the...

8-1.5-2-19. Bonds, Notes, or Other Obligations; Issuance; Approval by Commission for Long Term Bonds - Sec. 19. (a) A municipality may not issue bonds, notes,...

8-1.5-2-19.5. Purchase of Equipment Requiring Lead Time Before Availability; Approval of Contracts if Sufficient Funds Available - Sec. 19.5. If a municipality desires to purchase and install...

8-1.5-2-20. Bonds; Payment From Revenues Not Derived From Particular Utility; Restriction - Sec. 20. Except as provided by section 22 of this...

8-1.5-2-21. Bonds Payable Out of Special Account; Purchase by Municipality - Sec. 21. A municipality may invest its own money in...

8-1.5-2-22. General Obligation Bonds; Authorization; Limitation - Sec. 22. (a) If the municipal legislative body decides that...

8-1.5-2-23. General Obligation Bonds; Terms; Sale - Sec. 23. If general obligation bonds are issued, they: (1)...

8-1.5-2-24. Revenue Bonds; Money Set Aside for Payment of Interest and Principal - Sec. 24. (a) The board of a municipally owned utility,...

8-1.5-2-25. Special Utility Account; Establishment by Municipality; Use - Sec. 25. (a) The municipal legislative body, after providing for...

8-1.5-2-26. Tax Levy for Payment of Bonds - Sec. 26. (a) To pay the principal and interest on...

8-1.5-2-27. Lease of Waterworks Facilities; Term; Option to Purchase or Renew; Transfer of Property to Municipality - Sec. 27. (a) A municipality may lease waterworks facilities from...

8-1.5-2-28. Lease of Waterworks Facilities; Payment of Operating Expenses; Sufficiency of Rates and Charges - Sec. 28. (a) A waterworks lease may provide that as...

8-1.5-2-29. Lease of Waterworks Facilities; Notice and Hearing - Sec. 29. (a) When the municipality and the lessor have...

8-1.5-2-30. Lease of Waterworks Facilities; Execution; Limitation of Actions - Sec. 30. (a) After the hearing under section 29 of...

8-1.5-2-31. Leased Waterworks Facilities; Tax Exemptions - Sec. 31. All waterworks facilities leased by a lessor contracting...

8-1.5-2-32. Leased Waterworks Facilities; Applicable Statutes - Sec. 32. As to waterworks facilities leased and acquired under...

8-1.5-2-33. Action to Determine Public Convenience and Necessity - Sec. 33. (a) This section does not apply to the...

Chapter 3. Operation of Municipally Owned Utilities Generally

8-1.5-3-1. Application of Chapter - Sec. 1. This chapter applies to all municipalities, except consolidated...

8-1.5-3-2. "Board" Defined - Sec. 2. As used in this chapter, "board" refers to...

8-1.5-3-3. Control of Utilities; Control of Storm Water Facilities in Third Class Cities; Ordinance; Creation of Utility Service Board - Sec. 3. (a) The legislative body of a municipality may,...

8-1.5-3-3.3. Legalization of Certain Utility Service Boards - Sec. 3.3. For purposes of section 3 of this chapter,...

8-1.5-3-4. Board; Powers and Duties - Sec. 4. (a) The board has general supervisory powers over...

8-1.5-3-4.5. Application of Section; Bid, Proposal, or Quotation Submitted by Trust - Sec. 4.5. (a) This section applies to the award of...

8-1.5-3-5. Superintendent; Powers and Duties; Compensation; Bond; Removal - Sec. 5. (a) The superintendent of each utility shall: (1)...

8-1.5-3-6. Load Building Appliances; Purchase; Sale and Advertisement - Sec. 6. (a) The board may purchase, sell, and advertise,...

8-1.5-3-7. Retirement Account - Sec. 7. The board may set up a retirement account...

8-1.5-3-8. Rates and Charges; Payment of Rates, Charges, and Fees by Occupant of Property That Is Not Property Owner - Sec. 8. (a) A municipality owning a utility under this...

8-1.5-3-8.1. Hearings; Adoption of Rates and Charges; Notice; Contents - Sec. 8.1. (a) As used in this section, "utility" refers...

8-1.5-3-8.2. Objections to Rates and Charges; Bonds; Hearings - Sec. 8.2. (a) As used in this section: (1) "utility";...

8-1.5-3-8.3. Objection to Extraterritorial Rates and Charges; Review by Commission - Sec. 8.3. (a) This section applies to a utility that...

8-1.5-3-9. Removal of Utility From Jurisdiction of Commission for Approval of Rates and Charges; Procedure - Sec. 9. (a) This subsection applies to a municipally owned...

8-1.5-3-9.1. Removal of Utility From Jurisdiction of Commission for Approval of Rates, Charges, and Evidences of Indebtedness; Alternative Procedure - Sec. 9.1. (a) This section applies to the following: (1)...

8-1.5-3-9.5. Return of Utility to Commission Jurisdiction Following Removal - Sec. 9.5. (a) This section applies to municipally owned utilities...

8-1.5-3-9.6. Return of Utility to Commission Jurisdiction Following Removal Under Alternative Procedure - Sec. 9.6. (a) This section applies to municipally owned utilities...

8-1.5-3-10. Rates and Charges; Electric Service Outside Corporate Boundaries - Sec. 10. Whenever a municipality operates an electric utility that...

8-1.5-3-11. Funds; Management - Sec. 11. (a) The money belonging to each municipally owned...

8-1.5-3-12. Loan From Utility to Municipality; Loan Requirements; Limitation on Amount - Sec. 12. (a) A municipality may, by ordinance of its...

8-1.5-3-13. Investments of Surplus Money; Authorization of Officers - Sec. 13. The municipal legislative body may, by ordinance, authorize...

8-1.5-3-14. Annual Report; Exemption; Examination of Accounts - Sec. 14. (a) A municipally owned utility under the jurisdiction...

8-1.5-3-15. Utilities Operated Under Ic 8-1-11.1; Rights and Powers - Sec. 15. A utility operated under IC 8-1-11.1 retains the...

Chapter 3.5. Water Bill Adjustments for Undetected Leaks

8-1.5-3.5-1. "Unusually Large Bill" - Sec. 1. As used in this chapter, "unusually large bill"...

8-1.5-3.5-2. "Utility" - Sec. 2. As used in this chapter, "utility" refers to...

8-1.5-3.5-3. Utility's Discretion to Adjust Unusually Large Bill When Excess Usage Caused by Undetectable Damage to Equipment - Sec. 3. Notwithstanding IC 8-1-2-103(a), a utility may adjust an...

8-1.5-3.5-4. Adjustments to Be in Accordance With Policies Adopted by Utility - Sec. 4. A utility that elects to adjust unusually large...

Chapter 4. Department of Waterworks in Certain Municipalities

8-1.5-4-0.3. Effective Date of Certain Amendments Made to Section 14 of This Chapter - Sec. 0.3. Notwithstanding the amendments made to section 14 of...

8-1.5-4-1. Application of Chapter - Sec. 1. This chapter applies to all municipalities that: (1)...

8-1.5-4-1.5. Certain Municipalities Operating a Waterworks Through a Department Before January 1, 1982 - Sec. 1.5. (a) A municipality having and operating a waterworks...

8-1.5-4-2. Department of Waterworks; Establishment; Board of Directors - Sec. 2. (a) If the legislative body of a municipality,...

8-1.5-4-3. Special Taxing District - Sec. 3. The department of waterworks has jurisdiction over a...

8-1.5-4-4. Board; Powers and Duties - Sec. 4. The board has the powers and duties prescribed...

8-1.5-4-5. Water Filtration and Service Facilities; Acquisition, Construction, and Operation; Financing Methods - Sec. 5. The acquisition, construction, installation, operation, and maintenance of...

8-1.5-4-6. Authority to Set Aside Revenues for Operation and Maintenance, a Depreciation Account, and Payment of Bonds - Sec. 6. The board may fix and set aside: (1)...

8-1.5-4-7. Revenues Set Aside for Operation and Maintenance - Sec. 7. (a) In fixing the proportion of the revenues...

8-1.5-4-8. Revenues Set Aside for Payment of Bonds - Sec. 8. (a) The fixed proportion set aside for the...

8-1.5-4-9. Revenues Set Aside for Depreciation Account - Sec. 9. (a) The proportion set aside to the depreciation...

8-1.5-4-10. Secured Debt or Charge - Sec. 10. (a) The board may authorize and set apart...

8-1.5-4-11. Bonds and Interest Issued Against Special Redemption Fund - Sec. 11. (a) The bonds and the interest issued against...

8-1.5-4-12. Bonds; Additional Issue or Issues for Extension, Addition, or Improvement - Sec. 12. A board acquiring waterworks and paying for them...

8-1.5-4-13. Bonds; Application of Proceeds; Default - Sec. 13. (a) All money received from bonds issued under...

8-1.5-4-14. Services Rendered to Municipality; Payment - Sec. 14. (a) This subsection applies to a municipality that...

8-1.5-4-15. Construction, Extension, or Improvement; Procedure - Sec. 15. (a) If, upon investigation, the board finds: (1)...

8-1.5-4-16. Lands, Rights-of-Way, or Other Property; Ownership in Name of Municipality; Remonstrances - Sec. 16. (a) All lands, rights-of-way, or other property, when...

8-1.5-4-17. Appeals - Sec. 17. (a) A person who has remonstrated in writing...

8-1.5-4-18. Special Taxing District Bonds of the Waterworks District; Issuance - Sec. 18. (a) To procure money to pay for the...

8-1.5-4-19. Tax Levy - Sec. 19. (a) To raise the necessary revenues to pay...

Chapter 5. Department of Storm Water Management

8-1.5-5-1. Application of Chapter - Sec. 1. This chapter applies to each: (1) municipality; and...

8-1.5-5-1.5. Definitions - Sec. 1.5. The definitions in IC 36-1-2 apply throughout this...

8-1.5-5-2. "Board" Defined - Sec. 2. As used in this chapter, "board" means the...

8-1.5-5-3. "Department" Defined - Sec. 3. As used in this chapter, "department" means the...

8-1.5-5-3.5. "District" Defined - Sec. 3.5. As used in this chapter, "district" means the...

8-1.5-5-4. Board of Storm Water Management; Directors - Sec. 4. (a) This section applies to all municipalities except...

8-1.5-5-4.5. County Department of Storm Water Management; Board of Directors; Compensation - Sec. 4.5. (a) This section applies to a county. (b)...

8-1.5-5-5. Special Taxing District - Sec. 5. (a) The ordinance adopting the provisions of this...

8-1.5-5-6. Powers of Board - Sec. 6. The board has the powers and duties prescribed...

8-1.5-5-7. Financing of Facilities; User Fees - Sec. 7. (a) The acquisition, construction, installation, operation, and maintenance...

8-1.5-5-8. Fixing and Setting Aside Revenues - Sec. 8. The board may fix and set aside: (1)...

8-1.5-5-9. Maintenance Account; Surplus - Sec. 9. (a) In fixing the revenues of the department...

8-1.5-5-10. Bond and Interest Redemption Account; Surplus - Sec. 10. (a) The revenues set aside for the payment...

8-1.5-5-11. Depreciation Account; Use of Revenues - Sec. 11. The revenues set aside to the depreciation account...

8-1.5-5-12. Assumption and Payment of Liability Upon Acquisition of Storm Water System - Sec. 12. (a) If the board acquires a storm water...

8-1.5-5-13. District Bonds; Nature - Sec. 13. (a) The bonds of the district are: (1)...

8-1.5-5-14. Bond Issue - Sec. 14. A board acquiring a storm water system and...

8-1.5-5-15. Use of Bond Proceeds; Actions to Compel Performance; Actions Upon Default - Sec. 15. (a) All money received from bonds issued under...

8-1.5-5-16. Charge for Services in a Municipality; Deposit of Funds - Sec. 16. (a) This section applies to a municipality. (b)...

8-1.5-5-16.5. Charge for Services in a County; Deposit of Funds - Sec. 16.5. (a) This section applies to a county. (b)...

8-1.5-5-17. Proposed Projects; Resolution; Notice to Property Owners; Preadoption Contracts for Purchase - Sec. 17. (a) If, upon investigation, the board finds that:...

8-1.5-5-18. Remonstrances - Sec. 18. (a) At the time fixed for the hearing...

8-1.5-5-19. Appeal - Sec. 19. (a) A person who has remonstrated in writing...

8-1.5-5-20. Property Held in Name of Unit Served by the Department - Sec. 20. All real property, rights-of-way, or other property acquired...

8-1.5-5-21. Bonds for Proposed Work Projects - Sec. 21. (a) To procure money to pay for the...

8-1.5-5-22. Special Benefit Tax - Sec. 22. (a) To raise the necessary revenues to pay...

8-1.5-5-23. Approval of Bond Issuance by Unit Served by the Department; Applicability of Ic 6-1.1-20 - Sec. 23. (a) The board may not issue any bonds...

8-1.5-5-24. Combined Sanitary Sewer and Storm Water System Projects - Sec. 24. (a) Whenever work on a storm water system...

8-1.5-5-25. Use of Bond Payment Revenues; Pledge of User Fees; Reductions in Fees - Sec. 25. (a) Revenues received by the department may be...

8-1.5-5-26. User Fee Pledges; Effect of Amendments or Repeal of Chapter - Sec. 26. With respect to bonds for which a pledge...

8-1.5-5-27. Maintenance of Private Property by the Department - Sec. 27. If the department: (1) uses private property for...

8-1.5-5-28. Screening of Storm Water Outfalls - Sec. 28. A person may not be required to screen...

8-1.5-5-29. Liens for Unpaid Fees - Sec. 29. (a) Subsections (c), (d), and (e) do not...

8-1.5-5-30. Collection of Unpaid Fees; Recording of Liens; Fees, Charges, and Penalties - Sec. 30. (a) The board may defer enforcing the collection...

8-1.5-5-31. Foreclosure of Liens - Sec. 31. (a) A district may foreclose a lien established...

8-1.5-5-32. Withdrawal From District by Excluded Municipality; Notice; Outstanding Bonds; Payments to Municipality - Sec. 32. (a) This section applies to excluded cities and...

Chapter 6. Utility Service in Regulated Territories

8-1.5-6-1. "Municipal Utility" - Sec. 1. As used in this chapter, "municipal utility" refers...

8-1.5-6-2. "Regulated Territory" - Sec. 2. As used in this chapter, "regulated territory" means...

8-1.5-6-3. "Regulatory Ordinance" - Sec. 3. As used in this chapter, "regulatory ordinance" means...

8-1.5-6-4. "Utility" - Sec. 4. As used in this chapter, "utility" means a...

8-1.5-6-5. "Wholesale Sewage Petition" - Sec. 5. As used in this chapter, "wholesale sewage petition"...

8-1.5-6-6. Jurisdiction of Commission - Sec. 6. Notwithstanding any other provision in this title or...

8-1.5-6-7. Resolution of Service Dispute - Sec. 7. (a) This section applies if: (1) a municipality...

8-1.5-6-8. Enforcement of Regulatory Ordinance by Municipality Whose Utility Has Filed a Wholesale Sewage Petition - Sec. 8. (a) This section applies if: (1) a municipality...

8-1.5-6-9. Enforcement of Regulatory Ordinance in Absence of Wholesale Sewage Petition - Sec. 9. (a) This section applies if: (1) a municipality...

8-1.5-6-10. Service Disputes Between Utilities in Regulated Territories - Sec. 10. (a) This section applies to a dispute, other...

8-1.5-6-11. Expansion of Service Territory After Adoption of Regulatory Ordinance - Sec. 11. This section applies to a municipality that: (1)...

8-1.5-6-12. Order of Commission Is Final Order - Sec. 12. An order issued by the commission under this...

8-1.5-6-13. Petition Not Subject to Certain Requirements - Sec. 13. A petition filed under this chapter is not...

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Indiana Code Title 8. Utilities and Transportation Article 1.5. Municipal Utilities

Indiana Code
Title 8. Utilities and Transportation
Article 1.5. Municipal Utilities