A surviving corporation or successor
corporation formed under this chapter may perform any acts necessary
or convenient for carrying out the purpose for which the surviving
corporation or successor corporation was formed, including the
following:
(2)To have a seal and alter the seal as the board considers
appropriate.
(3)To acquire, hold, and dispose of property, real and personal,
tangible and intangible, or any interest in property, and to pay for
the property or interest in property in cash or on credit, and to
secure and procure payment of all or any part of the purchase
price on the terms and conditions that the board determines
appropriate.
(4)To acquire, own, exchange, operate, maintain, and improve a
system or systems for the delivery of retail electric s
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A surviving corporation or successor
corporation formed under this chapter may perform any acts necessary
or convenient for carrying out the purpose for which the surviving
corporation or successor corporation was formed, including the
following:
(1) To sue and be sued.
(2) To have a seal and alter the seal as the board considers
appropriate.
(3) To acquire, hold, and dispose of property, real and personal,
tangible and intangible, or any interest in property, and to pay for
the property or interest in property in cash or on credit, and to
secure and procure payment of all or any part of the purchase
price on the terms and conditions that the board determines
appropriate.
(4) To acquire, own, exchange, operate, maintain, and improve a
system or systems for the delivery of retail electric service or
communications service.
(5) To borrow money and otherwise contract indebtedness, and to
issue or guarantee notes, bonds, and other evidences of
indebtedness and to secure the payment of the notes, bonds, and
other evidences of indebtedness by mortgage, pledge, or deed of
trust of, or any other encumbrance upon, any or all of the
surviving corporation's or successor corporation's then owned or
later acquired real or personal property, assets, franchises, or
revenues.
(6) To construct, purchase, lease as lessee, or otherwise acquire,
and to improve, expand, install, equip, maintain, and operate, and
to sell, assign, convey, lease as lessor, mortgage, pledge, or
otherwise dispose of or encumber electric or communications
facilities or systems, lands, buildings, structures, plants and
equipment, exchanges, and any other real or personal property,
tangible or intangible that is necessary or appropriate to
accomplish the purpose for which the surviving corporation or
successor corporation was formed.
(7) To construct, operate, and maintain electric or
communications facilities across or along any street or public
highway, or over any lands which are now or may be the property
of this state or any political subdivision of the state, after
obtaining any necessary franchise or permit. Before any electric
or communications facilities are constructed across or along a
highway in the state highway system, the surviving corporation or
successor corporation shall obtain a permit to do so from the
Indiana department of transportation, and the permit from the
Indiana department of transportation shall not be unreasonably
withheld, delayed, or denied. The location and setting of the
facilities shall be approved by the Indiana department of
transportation and, upon that approval, shall be subject to the
supervision of the Indiana department of transportation. Before
any electric or communications facilities are constructed on or
across lands belonging to the state, the surviving corporation or
successor corporation shall first obtain a permit to do so from the
department having charge of the lands, and the permit from that
department shall not be unreasonably withheld, delayed, or
denied. The location and setting of the facilities shall be approved
by the department having jurisdiction and, upon that approval,
shall be subject to the supervision of that department. The electric
or communications facilities shall be erected and maintained so
as not to interfere with the use and maintenance of the streets,
highways, and lands, and the facilities or any part of the facilities
may not be located so as to interfere with the ingress or egress
from any premises on a street or highway. This section does not
prohibit the body having charge of the street or highway from
requiring the relocation of any facility or part of a facility which
may affect the proper use of the street or highway for public
travel, for drainage, or for the repair, construction, or
reconstruction of the street or highway. The surviving corporation
or successor corporation shall restore the street, highway, or lands
to their former condition or state to the extent possible and shall
not use the street, highway, or lands in a manner that impairs
unnecessarily their usefulness or injures the property of others.
(8) To connect and interconnect the surviving corporation's or
successor corporation's communications facilities or systems with
other communications facilities or systems.
(9) To accept gifts or grants of property, real or personal, from
any person, municipality, or federal agency and to accept
voluntary and uncompensated services.
(10) To make any contracts necessary or convenient for the full
exercise of the powers granted by this chapter, including contracts
with any person, federal agency, or municipality for the purchase
of energy needed by the surviving corporation or successor
corporation to supply its members; for the management and
conduct of the business of the surviving corporation or successor
corporation; and for the fixing of the rates, fees, or charges for
service rendered or to be rendered by the surviving corporation or
successor corporation.
(11) To sell, lease, mortgage, or otherwise encumber or dispose
of all or any part of the surviving corporation's or successor
corporation's property as provided in this chapter.
(12) To levy and collect reasonable fees, rents, tolls, and other
charges for services rendered.
(13) To exercise the right of eminent domain in the manner
provided by law.
(14) To recover, after a period of two (2) years, any unclaimed
stocks, dividends, capital credits, patronage capital, utility
deposits, membership fees, account balances, or book equities for
which the owner cannot be found and that are the result of
distributable savings of the surviving corporation or successor
corporation being returned to the members on a pro rata basis
under section 24(d) of this chapter.
(15) To cease doing business and to dissolve and surrender the
surviving corporation's or successor corporation's corporate
franchise.
(16) To issue membership certificates.
(17) To adopt, amend, and repeal bylaws.
(18) To perform any of the acts set forth in this section under,
through, or by means of the surviving corporation's or successor
corporation's own officers, agents, or employees, or by contracts
with any person, federal agency, or municipality.