Indiana Code 13-26-11-15. Regional sewage district authority; membership; notice of rate increase; objecting petition; public hearing; order and appeal
(1) must consist of an odd number of members;
Terms Used In Indiana Code 13-26-11-15
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(3) may not include as a member any person who serves on the board of trustees of the district.
(b) The district authority of a regional sewage district consists of the following members:
(1) In the case of a regional sewage district located in one (1) county, the following members:
(A) If no members of the county executive are trustees of the regional sewage district, the county executive of the county.
(B) If:
(i) one (1) or more members of the county executive are trustees of the regional sewage district; and
(ii) no members of the county fiscal body are trustees of the regional sewage district;
the members of the county fiscal body.
(C) If the regional sewage district’s board of trustees consists of one (1) or more members of the county executive and one (1) or more members of the county fiscal body, three (3) members appointed as follows:
(i) Two (2) members appointed by the county executive. If not all of the members of the county executive are trustees of the district, the county executive may appoint either or both of the two (2) members required by this item from among the county executive’s own membership, subject to subsection (a)(3).
(ii) One (1) member appointed by the county fiscal body. If not all of the members of the county fiscal body are trustees of the district, the county fiscal body may appoint the member required by this item from among the county fiscal body’s own membership, subject to subsection (a)(3).
(2) In the case of a regional sewage district located in more than one (1) county, the following members:
(A) If:
(i) an odd number of counties are part of the regional sewage district; and
(ii) each county in the district has at least one (1) county executive member who is not a trustee of the regional sewage district;
one (1) county executive member, appointed by that member’s county executive, from each county in which the district is located, subject to subsection (a)(3).
(B) If an even number of counties are part of the regional sewage district, the following members:
(i) Two (2) county executive members, appointed by those members’ county executive, from the county that has the largest number of customers served by the district’s sewer system. However, if the county that has the largest number of customers served by the district’s sewer system does not have at least two (2) members of its executive who are not also trustees of the district, the county executive of that county may appoint one (1) or more of the members required by this item from outside the county executive’s own membership in order to comply with subsection (a)(3).
(ii) One (1) county executive member, appointed by that member’s county executive, from each county, other than the county described in item (i), in which the district is located. However, if a county described in this item does not have at least one (1) member of its executive who is not also a trustee of the district, the county executive of that county may appoint the member required by this item from outside the county executive’s own membership in order to comply with subsection (a)(3).
(C) If an odd number of counties are part of the regional sewage district and an odd number of those counties in the district do not have at least one (1) county executive member who is not also a trustee of the district, the following members:
(i) One (1) county executive member, appointed by that member’s county executive, from each county that has at least one (1) county executive member who is not also a trustee of the district, subject to subsection (a)(3).
(ii) One (1) member appointed by the county executive of each county that does not have at least one (1) county executive member who is not also a trustee of the district. A member appointed under this item must be appointed from outside the appointing county executive’s own membership, subject to subsection (a)(3).
(c) If a district adopts an ordinance increasing sewer rates and charges at a rate that is greater than five percent (5%) per year, as calculated from the rates and charges in effect from the date of the district’s last rate increase, the district shall mail, either separately or along with a periodic billing statement, a notice of the new rates and charges to each user of the sewer system who is affected by the increase. The notice:
(1) shall be mailed not later than seven (7) days after the district adopts the ordinance increasing the rates and charges; and
(2) must include a statement of a ratepayer’s rights under this section.
(d) If subsection (c) applies, fifty (50) ratepayers of the district or ten percent (10%) of the district’s ratepayers, whichever is fewer, may file a written petition objecting to the rates and charges of the district. A petition filed under this subsection must:
(1) contain the name and address of each petitioner;
(2) be filed with a member of the district authority, in the county where at least one (1) petitioner resides, not later than thirty (30) days after the district adopts the ordinance establishing the rates and charges; and
(3) set forth the grounds for the ratepayers’ objection.
If a petition meeting the requirements of this subsection is filed, the district authority shall investigate and conduct a public hearing on the petition. If more than one (1) petition concerning a particular increase in rates and charges is filed, the district authority shall consider the objections set forth in all the petitions at the same public hearing.
(e) The district authority shall set the matter for public hearing not less than ten (10) business days but not later than twenty (20) business days after the petition has been filed. The district authority shall send notice of the hearing by certified mail to the district and the first listed petitioner and publish the notice of the hearing in a newspaper of general circulation in each county in the district.
(f) Upon the date fixed in the notice, the district authority shall hear the evidence produced and determine the following:
(1) Whether the board of trustees of the district, in adopting the ordinance increasing sewer rates and charges, followed the procedure required by this chapter.
(2) Whether the increased sewer rates and charges established by the board by ordinance are just and equitable rates and charges, according to the standards set forth in section 9 of this chapter.
(g) After the district authority hears the evidence produced and makes the determinations set forth in subsection (f), the district authority, by a majority vote, shall:
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or
(3) make any other ruling appropriate in the matter, subject to the standards set forth in section 9 of this chapter.
(h) The order of the district authority may be appealed by the district or a petitioner to the circuit court, superior court, or probate court of the county in which the district is located. The court shall try the appeal without a jury and shall determine one (1) or both of the following:
(1) Whether the board of trustees of the district, in adopting the ordinance increasing sewer rates and charges, followed the procedure required by this chapter.
(2) Whether the increased sewer rates and charges established by the board by ordinance are just and equitable rates and charges, according to the standards set forth in section 9 of this chapter.
Either party may appeal the circuit court’s, superior court’s, or probate court’s decision in the same manner that other civil cases may be appealed.
As added by P.L.193-2001, SEC.4. Amended by P.L.1-2002, SEC.68; P.L.221-2007, SEC.21; P.L.71-2011, SEC.2; P.L.97-2012, SEC.14; P.L.84-2016, SEC.68.