§ 36-9-9-12 — Additional lighting facilities; petition; construction; assessment of costs

(a) Whenever a lighting system has been
established in accordance with this chapter, and an owner of property
within any city block or blocks included in the system wants lighting
facilities in front of or near the owner's property that:
(1) are additional to those described in the plans and
specifications on file; and
(2) consist of either lighting posts or lamps of greater
candlepower, or both;
the property owner may file the property owner's petition with the
municipal works board. The petition must fully describe the additional
lighting facilities that are wanted.
(b) The works board shall grant the petition and refer it to the person
who supervises the system, who shall prepare and file:
(1) plans and specifications for the additional lighting; and
(2) the estimated annual cost of the additional lighting.
(c) When the plans, specifications, and annual cost are approved by
the works board and by the property owner, the works board shall
notify the utility operating the lighting system. The utility shall
immediately proceed to erect, install, construct, and connect the
additional lighting at its own expense. The utility shall then operate and
maintain the additional lighting facilities as a part of the original
system in return for additional compensation that is:
(1) agreed upon by all the interested parties and approved by the
utility regulatory commission; or
(2) fixed by the commission.
(d) The property owner who petitioned for the additional lighting
facilities shall pay to the municipality the additional annual cost of
those facilities. The additional annual cost, which shall be added to the
original amount assessable against the petitioner's property, is a lien
upon the property and is payable in accordance with this chapter.
[Pre-Local Government Recodification Citation:
19-5-24-12.]
As added by Acts 1981, P.L.309, SEC.82. Amended by
P.L.23-1988, SEC.125; P.L.127-2017, SEC.293.