§ 8-1-2.2-4 — Joint ownership of project

Indiana § 8-1-2.2-4

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.2: Municipal Electric Utility Programs

Text

(a) Each municipality, joint agency, or public
utility shall own an undivided interest in any project in proportion to
the amount of the money furnished or the value of property or other
consideration supplied by it for the planning, development, acquisition,
or construction of the project and shall be entitled to a percentage share
of the project net output and capacity equal to the undivided interest.
This section does not preclude a joint owner of a project from agreeing
to take and pay for the project net output in a percentage share that
differs from its undivided interest.
(b) Each municipality, joint agency, and public utility participating
in a project shall be severally liable for its own acts and may not be
held, jointly or severally liable for the acts, omissions, or obligations of
others. However, nothing shall preclude each municipality, joint
agency and public utility participating in a project from being severally
liable for acts performed by any project manager, construction agent,
or operating agent for such project. Except as otherwise provided in
this chapter, no money or property or other consideration supplied by
any municipality, joint agency, or public utility may be credited or
otherwise applied to the account of any other municipality, joint
agency, or public utility, nor shall the undivided share of any
municipality, joint agency, or public utility in a project be charged
directly or indirectly with any debt or obligation of any other
municipality, joint agency, or public utility, or be subject to any lien as
a result thereof. The acquisition of a project may include, but is not
limited to, the purchase or lease of an existing and completed project
or the purchase of a project under construction or the purchase of a
project to be constructed. A municipality or joint agency participating
in the joint planning, financing, construction, reconstruction,
acquisition, improvement, enlargement, ownership, operation, or
maintenance of any project under this chapter may furnish money
derived solely from the proceeds of bonds or from the ownership and
operation of its electric system, or both, and provide property, both real
and personal, services, and other considerations.
(c) Any contract entered into by municipalities under this chapter
with respect to joint ownership in a project shall contain terms,
conditions, and provisions, not inconsistent with the provisions of this
section. Any contract shall be ratified by resolution of the governing
body of each municipality and recorded in its minutes. Any contract
shall include the following:
(1) The purpose or purposes of the contract.
(2) The duration of the contract.
(3) The manner of appointing or employing personnel necessary
in connection with the project.
(4) The method of financing the project including the
apportionment of costs and revenues.
(5) Provisions specifying the ownership interests of the parties in
property used or useful in connection with the project, and the
procedures for the disposition of such property when the contract
expires, is terminated, or when the project, for any reason, is
abandoned, decommissioned, or dismantled.
(6) Provisions relating to alienation and prohibiting partition of a
municipality's undivided interest in a project, which provisions
shall not be subject to any provision of law restricting convenants
against alienation or partition.
(7) Provisions for the construction of a project, which may include
the determination that a municipality, joint agency, or public
utility may construct the project as agent for all the parties.
(8) Provisions for the operation and maintenance of a project,
which may include the determination that a municipality, joint
agency, or public utility may operate and maintain the project as
agent for all the parties.
(9) Provisions for the creation of a committee of representatives
of the municipalities, joint agencies and public utilities jointly
participating with such powers of supervision of the construction
and operation of the project as the contract may provide, which
are not inconsistent with the provisions of this chapter.
(10) Provisions that if one (1) or more of the municipalities, joint
agencies, or public utilities default in the performance or
discharge of its obligations with respect to the project, the other
party or parties may assume, pro rata, or otherwise, the
obligations of the defaulting party or parties and may succeed to
the rights and interests of the defaulting party or parties as may be
agreed upon in the contract.
(11) Methods for amending the contract.
(12) Methods for terminating the contract.
(13) Any other necessary or proper matter.
(d) For the purpose of paying its respective share of the cost of a
project or projects, a municipality or joint agency may issue its bonds
as provided in this chapter, and, notwithstanding the provisions of any
other law to the contrary, may pledge to the payment of the principal,
premium, if any, and interest on such bonds, the revenues, or any
portion of revenues, derived or to be derived from the ownership and
operation of its system or facilities for the generation, transmission, or
distribution of electric power or energy or its interest in any joint
project or projects, or a combination of such revenues. All bonds issued
under the provisions of this chapter shall be authorized and issued by
the governing body. Upon the request of the issuing municipality or
joint agency the commission shall approve at one (1) time sufficient
bonds to be issued to finance the issuer's share of the cost of a project
even though such bonds are to be issued in series from time to time and
even though the exact amount of such costs have not been finally
determined and such approval may be of an indeterminate amount.
(e) Municipalities and joint agencies may jointly or severally own,
operate and maintain projects with any public utility. Any municipality
or joint agency shall have for such purposes all powers conferred upon
them by the provisions of this chapter including the power to issue
revenue bonds pursuant to the provisions of this chapter to finance its
share of the cost of any such project. The definitions and all other terms
and provisions of this chapter shall be construed so as to include such
undivided ownership interest in order to fully effectuate the power and
authority conferred by the foregoing provisions of this section.
As added by Acts 1980, P.L.68, SEC.1. Amended by
P.L.82-1988, SEC.2.