IC 14-33-22
    Chapter 22. Rates or Charges for Sewerage System Service inMarion County

IC 14-33-22-1
Application of chapter
    Sec. 1. This chapter applies only to a district located in whole orin part in a county having a consolidated city.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-2
"Sewage" defined
    Sec. 2. As used in this chapter, "sewage" means the water carriedwastes:
        (1) created in; and
        (2) carried or to be carried away from;
residences, hotels, schools, hospitals, industrial establishments, andother private or public buildings.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-3
"Sewerage system" defined
    Sec. 3. (a) As used in this chapter, "sewerage system" meansplants, works, systems, facilities, or properties used or having thecapacity for use in connection with the:
        (1) collection;
        (2) carrying away;
        (3) treating;
        (4) neutralizing;
        (5) stabilizing; or
        (6) disposing;
of sewage, industrial waste, or other wastes and any integral part ofthe wastes.
    (b) The term includes the following:
        (1) Disposal fields, lagoons, pumping stations, drainage ditches,surface water intercepting sewers, lateral sewers, force mains,pipes, pipelines, conduits, equipments, and appurtenances.
        (2) All properties, rights, easements, and franchises relating tothe system considered necessary or convenient by the board.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-4
"User" defined
    Sec. 4. As used in this chapter, "user" means a person orgovernmental entity that is the owner or occupant of real property, apart of which is connected to a sewerage system operated by adistrict.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-5 "Works" defined
    Sec. 5. As used in this chapter, "works" means a sewage treatmentplant, intercepting sewers, main sewers, submain sewers, local andlateral sewers, outfall sewers, force mains, pumping stations, ejectorstations, and other appurtenances that are:
        (1) necessary or useful and convenient for the collection,treatment, purification, and disposal in a sanitary manner of theliquid and solid waste, sewage, sludge, night soil, and industrialwaste; and
        (2) owned, operated, and maintained under the control of aboard.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-6
Request for assessment
    Sec. 6. A user, all or a part of whose real property is subject to notax other than the special benefits tax imposed under this article, mayfile with the county assessor and the board a request for assessmentof the user's real property under this chapter. A request for a changein assessment must be filed before November 2 of the year precedingthe March 1 assessment date for which the change in assessment isrequested. Every request applies only to the following:
        (1) Real property specified in the request and subject to no taxother than the special benefits tax imposed under this article.
        (2) The past year specified in the request for which assessmentis requested under this chapter and all future years until furthernotice.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-7
Assessment of property; calculation of tax rate
    Sec. 7. For each assessment date to which a request filed undersection 6 of this chapter applies, the county assessor shall assess thereal property specified in the request at an amount that, whenmultiplied by the tax rate for the district for the taxes due andpayable in the year of the assessment date, equals the just andequitable rate to the user as determined by the board as of the mostrecent December 1 under section 11 of this chapter.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-8
Schedule of just and equitable rates; applicability
    Sec. 8. (a) The board shall establish a schedule of just andequitable rates or charges for the use of and the service provided bythe works to be paid by a user who:
        (1) owns or occupies real property that is partially or entirelyexempt from general taxation and:
            (A) is connected with and uses the works by or through anypart of the sewerage system; or
            (B) that in any way uses or is served by the works; and        (2) files a request for determination as provided in section 6 ofthis chapter.
    (b) The board may change the schedule periodically.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-9
Hearing to establish or change schedule
    Sec. 9. (a) A schedule may be established or changed only aftera public hearing at which:
        (1) all persons using the works or owning real property servedor to be served by the works; and
        (2) other interested persons;
have an opportunity to be heard concerning the proposed schedule.
    (b) After adoption of a resolution fixing the schedule and beforethe resolution is put into effect, notice of the hearing shall be givenby one (1) publication in a newspaper having general circulation inthe district at least ten (10) days before the date fixed in the noticefor the hearing. The hearing may be adjourned as needed.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-10
Resolution establishing schedule; changes
    Sec. 10. After a hearing held under section 9 of this chapter, theresolution establishing the schedule, either as originally passed or asmodified and amended, shall be passed and put into effect. A copyof the schedule must be kept on file in the office of the board andmust be open to inspection to all interested parties. A change orreadjustment of the schedule may be made at any time in the samemanner as the schedule was originally established.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-11
Fixing or changing just and equitable rate
    Sec. 11. (a) The board:
        (1) shall, before December 2 of the year in which a request isfiled, fix the just and equitable rate for each user filing a requestunder section 6 of this chapter according to the scheduleadopted; and
        (2) may change the rate prospectively before December 2 of afuture year to reflect changes in the user's use of the seweragesystem.
    (b) The board shall promptly notify:
        (1) the county assessor; and
        (2) the affected user;
of the rate as originally fixed and as changed periodically.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-12
Basis of rate schedule
    Sec. 12. The schedule of rates or charges for the treatment and

disposal of sewage may be fixed and determined by the board on thebasis of any of the following:
        (1) A flat charge for each sewer connection.
        (2) The amount of water used on the premises and dischargedinto the sewerage system.
        (3) The number and size of water outlets on the premises.
        (4) The amount, strength, and character of sewage dischargedinto the sewers.
        (5) The size of sewer connections.
        (6) Any combination of these factors or other factors.
As added by P.L.1-1995, SEC.26.

IC 14-33-22-13
Fraction of property exempt
    Sec. 13. (a) If only a part of:
        (1) a tract or lot of land; or
        (2) a building;
connected to the sewerage system is exempt from general taxation,the rates and charges established under this chapter shall be reducedby a fraction.
    (b) The fraction to be used under subsection (a) is established byusing:
        (1) the assessed valuation of the part subject to tax as thenumerator; and
        (2) the total assessed value as the denominator.
As added by P.L.1-1995, SEC.26.