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 countylegislative body
    Sec. 1. (a) Except as provided in subsection (b), the governingbody may determine and impose rates and charges of the districtbased 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 arenecessary to establish just and equitable rates and charges.
    (b) In:
        (1) a county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand(700,000); and
        (2) a county having a population of more than two hundredthousand (200,000) but less than three hundred thousand(300,000);
rates and charges may be imposed or changed under this chapter onlyafter 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, thedistrict 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 collectedaccordingly.
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 thatproduce sufficient revenue to pay all expenses incidental to theoperation of the district.
    (b) Rates and charges too low to meet the financial requirementsdescribed 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 chargesafter 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 andcharges.
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 ratesand charges but before the ordinance is finally adopted, notice of thehearing setting forth the proposed schedule of the rates and chargesmust be given by publication one (1) time each week for two (2)weeks in a newspaper of general circulation in the county. The lastpublication must be at least seven (7) days before the date fixed inthe notice for the hearing. The hearing may be adjourned asnecessary.
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 topublic
    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, thegoverning body must approve any modification or amendment of therates and charges.
    (b) A copy of the schedule of the rates and charges establishedmust 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 thesame 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.