1. (a) This section applies if:

   1. (1) a petition filed for the establishment of a district states that:

      1. (A) the purpose for establishing the district is providing water supply, including treatment and distribution for domestic, industrial, and public use;
      2. (B) it is the election of the petitioners to accomplish the purpose under IC 14-33-20 ;
      3. (C) a special benefits tax will not be levied; and
      4. (D) all costs will be paid for by sources other than the levy of a special benefits tax; and
   2. (2) the statements contained in subdivision (1) are incorporated by the court into the order establishing the district.

2. (b) The board may not levy a special benefits tax for the purpose described in section 1(a)(1) of this chapter. All costs of accomplishing the purpose must be paid for by the following:

   1. (1) Receipt of revenues from the sale of water.

   2. (2) An assessment against each tract of real property served by the resulting water distribution system for the lesser of the following:

      1. (A) Seventy-five dollars ($75).
      2. (B) Five percent (5%) of the estimated average project cost according to the district plan of serving each tract of real property.
3. (c) In addition, the district may charge a fair and reasonable tap-in fee for water service.

4. (d) An assessment is due within sixty (60) days after notice of the assessment. The assessment is not considered an exceptional benefit, but the provisions of this article pertaining to exceptional benefits apply to the collection and enforcement of the assessment.

   [Pre-1995 Recodification Citation: 13-3-3-59(b).]

As added by P.L.1-1995, SEC.26.