Indiana Code 36-9-25-12. Basis of fees; measurement of water and sewage usage
(1) a flat charge for each sewer connection;
Terms Used In Indiana Code 36-9-25-12
- Board: refers to a board of sanitary commissioners, or board of public works of a consolidated city. See Indiana Code 36-9-25-2
- District: means the area within the jurisdiction of a department. See Indiana Code 36-9-25-2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(3) the number and size of water outlets on the premises;
(4) the amount, strength, or character of sewage discharged into the sewers;
(5) the size of sewer connections; or
(6) any combination of these factors or other factors that the board determines necessary in order to establish just and equitable rates and charges.
(b) The board may enter into contracts with a water utility furnishing water service to users or property served in the district relative to:
(1) ascertaining the amount of water consumed;
(2) the computation of the amount of charge to be billed to each user or property served;
(3) the billing and collection of the amounts; and
(4) the discontinuance of water service to delinquent users as provided in section 11.5 of this chapter.
(c) As an alternative to subsection (b), the board may require a water utility furnishing water service to users or property served in the district to perform the functions listed in subsection (b). If the water utility and the board do not agree upon the reasonable compensation to be paid to the water utility for the services described in subsection (b), the board or the water utility may apply to the utility regulatory commission to establish the reasonable compensation for the services. Upon receipt of an application, the utility regulatory commission, after notice to the water utility and the board and after a hearing, shall establish the reasonable compensation to be paid for the services. The water utility shall then render the services described in return for the compensation fixed.
(d) If a person owns or occupies real property that is connected to the sewage works and either directly or indirectly uses water obtained from a source other than a water utility that is not measured by a water meter acceptable to the board, then the board may require the person, at the person’s own expense, to furnish, install, and maintain a water or sewage measuring device acceptable to the board.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-14-5 part; 19-2-20-4; 19-2-20-5; subsection (b) formerly 19-2-14-5 part; subsection (c) formerly 19-2-20-8; subsection (d) formerly 19-2-20-10.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.349-1985, SEC.3; P.L.23-1988, SEC.129; P.L.127-2017, SEC.318.