CHAPTER 9. RATES AND CHARGES
IC 36-11-9
Chapter 9. Rates and Charges
IC 36-11-9-1
Manner of imposition by governing body; approval by county
legislative body
Sec. 1. (a) Except as provided in subsection (b), the governing
body may determine and impose rates and charges of the district
based on the following:
(1) A flat charge for each system.
(2) Variable charges based on the capacity of a system.
(3) Other factors that the governing body determines are
necessary to establish just and equitable rates and charges.
(b) In:
(1) a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000); and
(2) a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand
(300,000);
rates and charges may be imposed or changed under this chapter only
after approval by the county legislative body.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
IC 36-11-9-2
Billing and collecting rates and charges
Sec. 2. Unless the governing body finds and directs otherwise, the
district is considered to benefit every:
(1) lot;
(2) parcel of land; or
(3) building;
served by a system. The rates or charges shall be billed and collected
accordingly.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
IC 36-11-9-3
Amount of rates and charges
Sec. 3. (a) Just and equitable rates and charges are those that
produce sufficient revenue to pay all expenses incidental to the
operation of the district.
(b) Rates and charges too low to meet the financial requirements
described in subsection (a) are unlawful.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
IC 36-11-9-4
Establishment of rates and charges after public hearing
Sec. 4. The governing body shall establish the rates and charges
after a public hearing at which all:
(1) the owners of systems; and
(2) others interested;
have an opportunity to be heard concerning the proposed rates and
charges.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
IC 36-11-9-5
Publication of proposed rates and charges; adjournment of hearing
Sec. 5. After introduction of the ordinance initially fixing rates
and charges but before the ordinance is finally adopted, notice of the
hearing setting forth the proposed schedule of the rates and charges
must be given by publication one (1) time each week for two (2)
weeks in a newspaper of general circulation in the county. The last
publication must be at least seven (7) days before the date fixed in
the notice for the hearing. The hearing may be adjourned as
necessary.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
IC 36-11-9-6
Passage of ordinance; schedule of rates and charges available to
public
Sec. 6. (a) The ordinance establishing the initial rates and charges,
either as:
(1) originally introduced; or
(2) modified and amended;
shall be passed and put into effect after the hearing. However, the
governing body must approve any modification or amendment of the
rates and charges.
(b) A copy of the schedule of the rates and charges established
must be:
(1) kept on file in the office of the district; and
(2) open to public inspection.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
IC 36-11-9-7
Change in rates and charges
Sec. 7. A change of the rates and charges may be made in the
same manner as the rates and charges were originally established.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.