Sec. 33. (a) This section applies to a military base or military base property that is or was operated by the United States Air Force as an air force base.

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 36-7-30-33

  • Appraisal: A determination of property value.
  • bonds: means bonds, notes, evidences of indebtedness, or other obligations issued by the reuse authority in the name of the unit. See Indiana Code 36-7-30-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • military base: means a United States government military base or other military installation that is scheduled for closing or is completely or partially inactive or closed. See Indiana Code 36-7-30-1
  • military base property: means real and personal property that is currently or was formerly part of a military base and is subject to reuse. See Indiana Code 36-7-30-1
  • municipal utility: means a utility that is owned by a municipality and provides at least one (1) of the following:

    Indiana Code 36-7-30-1

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • reuse authority: means a military base reuse authority established under section 3 of this chapter. See Indiana Code 36-7-30-1
  • Statute: A law passed by a legislature.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (b) Notwithstanding any other provision of this chapter or any other law, a municipal utility may through any means provide and acquire without appraisal water, sewer, electric, and stormwater services to a military base or military base property under a negotiated agreement with:

(1) the state;

(2) the federal government;

(3) agencies or departments of the state or federal government;

(4) a reuse authority;

(5) an authority operating under IC 36-7-14.5-12.5; or

(6) any other legal entity;

without regard to territorial or geographical restrictions except for territorial or geographical restrictions on electric services under IC 8-1-2.3 and without approvals by any entity or body other than the municipal legislative body or the board that oversees the municipal utility.

     (c) An agreement entered into under subsection (b) and the provision of services under the agreement are not subject to regulatory approval. Rates and charges for the provision of services and financing of improvements to provide the services are not subject to regulatory approval.

     (d) A municipal utility may fund improvements serving a military base or military base property with:

(1) bonds payable from revenues or sources of funds permitted by statute; or

(2) a separate series of bonds payable solely from revenues of improvements serving the military base or military base property.

     (e) A municipal utility may hire employees or set up departments it considers necessary to serve a military base or military base property under this section.

     (f) The municipal legislative body or the board that oversees the municipal utility may set rates and charges for the services provided on the military base or military base property that are separate from rates and charges for other ratepayers for the same services after conducting a public hearing with notice given under IC 5-3-1.

     (g) Rates charged by a municipal utility providing services to a military base under this section must be established using the criteria set forth in:

(1) IC 8-1.5-3 with respect to water services and electric services;

(2) IC 36-9-23 with respect to sewer services; and

(3) IC 8-1.5-5 with respect to storm water services.

     (h) Nothing in this section shall be construed to prohibit a rural electric membership corporation established under IC 8-1-13 that has entered into an agreement with any entity to provide electric services to a portion of a military base or military base property from continuing to provide electric services under the agreement.

As added by P.L.229-1997, SEC.2.

  Previous section
Next section  
 Chapter 30 Contents