Indiana § 36-9-23-37 - Memorandum of understanding between municipality and storm water board to provide storm water management services

§ 36-9-23-37. Memorandum of understanding between municipality and storm water board to provide storm water management services

Sec. 37. (a) As used in this section:

(1) "service" means:

(A) imposing fees; and

(B) otherwise exercising powers;

to provide storm water management services; and

(2) "storm water board" refers to a board defined in IC 8-1.5-5-2.

(b) This section applies only if actions of:

(1) a board under section 36 of this chapter; and

(2) a storm water board under IC 8-1.5-5;

are pending at the same time to service the same area outside a municipality's corporate boundaries.

(c) The board and the storm water board must negotiate the adoption by the board and the storm water board of a memorandum of understanding that permits only the board or only the storm water board to service the area referred to in subsection (b). Neither the board nor the storm water board may service the area before a memorandum of understanding is adopted under this subsection. The entity designated to service the area in the memorandum of understanding may finalize the entity's action referred to in subsection (b). The entity not designated to service the area in the memorandum of understanding must terminate the entity's action referred to in subsection (b).

As added by P.L.114-2008, SEC.32.

IC 36-9-24Chapter 24. Leasing of Sewage Disposal Facilities

36-9-24-1Application of chapter 36-9-24-2"Sewage disposal facilities" defined 36-9-24-3Authorization 36-9-24-4Maximum duration; options to renew 36-9-24-5Options to purchase; authorization of bonds to finance purchase; disposition of property when option not exercised 36-9-24-6Optional provisions of leases; payment of taxes, assessments, insurance, and maintenance expenses 36-9-24-7Proposed leases; notice and hearing 36-9-24-8Notice of signing of lease contract; petitions, notice, and hearing concerning objections to lease rental 36-9-24-9Limitations on actions to contest leases 36-9-24-10Determination of sufficiency by department of environmental management 36-9-24-11Fees; establishment; procedure 36-9-24-12Tax liability and exemptions 36-9-24-13Exception from compliance with certain statutes 36-9-24-14Operation and lease of facilities within one mile of boundaries considered furnishing of sewage and sewer service