§ 36-9-9-5 — Construction of street lights; contracts; commission orders

Indiana § 36-9-9-5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 9: Municipal Street Lights

Text

(a) When the declaratory resolution, as
originally adopted or as modified, has been confirmed, the municipal
works board shall notify and negotiate with any utility that operates and
supplies electrical current within the municipality. The works board
shall attempt to enter into a contract with the utility for the lighting
described in the plans and specifications, and may cause the
municipality to enter into such a contract, in strict accordance with the
plans, drawings and specifications on file.
(b) If more than one (1) utility supplies electricity in the
municipality and has the right to serve the electric system petitioned
for, the municipal works board shall publish a notice in accordance
with IC 5-3-1. The notice must state the nature of the work, state that
drawings, plans, and specifications are on file in the office of the works
board or the municipal clerk, call for sealed bids for the lighting and
the maintenance of the system, and state that the bids must be filed not
less than ten (10) days after the last publication and must comply with
the manner and form in which bids for public improvements are filed
in municipalities. If a satisfactory bid is received by the time fixed in
the notice, the works board shall attempt to enter into a contract with
the utility that is the lowest responsible bidder for the furnishing of that
lighting.
(c) If the municipality owns and operates an electric utility and no
other electric utility is authorized to render the service petitioned for,
then the electrical lighting system petitioned for may be installed,
maintained, and operated by the municipality. An electrical system
established under this section shall be maintained, operated, and paid
for in the same manner as an electrical system that is established under
this chapter by a public utility.
(d) The annual cost of lighting as fixed by the contract may not
exceed the estimated cost of lighting on file with the plans and
specifications. The contract must require lighting service for a period
of not less than five (5) years and not more than fifteen (15) years, and
must describe in detail the service to be rendered and the prices to be
paid to the utility.
(e) If the municipality is unable to make an agreement with a utility,
the municipality may file its petition with the utility regulatory
commission. The commission shall conduct a hearing on the petition,
in accordance with law and the rules of the commission. The
commission may then require a utility supplying electrical current
within the municipality to enter into a contract to construct the electric
system of lighting in accordance with the plans and specifications on
file with the municipality, and to maintain and operate the system at the
prices, on the terms, for the period of time, and upon the conditions that
the commission requires. Such an order of the commission is binding
upon the municipality and utility:
(1) in the same manner as other orders of the commission; and
(2) as if a contract had been entered into between the municipality
and the utility covering the same subject matter;
subject to all rights of appeal from the commission.
(f) After a contract has been entered into between the municipality
and utility and has been approved by the utility regulatory commission,
or if the construction, maintenance, and operation of the lighting
system has been ordered by the commission, the utility which is a party
to the contract or order shall, within a reasonable time, construct the
system at its own expense. The utility shall maintain and operate the
system in strict accordance with the agreement and order, and at the
annual rates, tolls, or charges fixed by contract or by the order of the
commission. The commission may investigate the rates, tolls, and
charges in the same manner and to the same extent that it may
investigate and revise the rates, tolls, and charges for electric current
supplied by a public utility under IC 8-1-2.
[Pre-Local Government Recodification Citations: 19-5-24-4;
19-5-24-5; 19-5-24-7; 19-5-24-14.]
As added by Acts 1981, P.L.309, SEC.82. Amended by Acts
1981, P.L.45, SEC.42; P.L.23-1988, SEC.123.