§ 8-1-2.2-8 — Joint agency

Indiana § 8-1-2.2-8

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

Text

(a) The governing bodies of two (2) or more
municipalities may, by resolution or ordinance, determine that it is in
their best interests to create a joint agency, for the purpose of
undertaking the planning, financing, ownership, and operation of a
project or projects to supply electric power and energy for their present
or future needs. Any joint agency created under this chapter shall be a
body corporate and politic and a political subdivision of the state, and
in exercising its powers under this chapter, it shall be deemed to be
exercising a part of the sovereign powers of the state. The activities of
the joint agency in carrying out the purposes of this chapter shall
constitute state action. A joint agency created under this chapter is
considered a governmental entity for purposes of IC 34-13-3.
(b) In determining whether or not the creation of a joint agency is in
their best interests, the governing bodies shall consider the following:
(1) Whether cost reduction, efficiencies, or other advantages may
be realized by creating a joint agency.
(2) Whether better financial market acceptance may result if a
joint agency is responsible for issuing all of the bonds for the
project or projects in a timely and orderly manner and with
uniform credit ratings as opposed to multiple municipalities
making separate issues of bonds.
If each governing body determines that it is in the best interests of the
municipality to create a joint agency, each governing body shall adopt
a mutually acceptable resolution or ordinance so finding (which need
not prescribe in detail the basis for the determination), which shall set
forth the names of the municipalities proposed to be members of the
joint agency and shall authorize any two (2) or more of such
municipalities to enter into a contract for the creation of the joint
agency. After the execution of the contract, each municipality shall
cause notice of the execution of the contract to be given to the
presiding officer of the governing body of the municipality. The
governing body shall thereupon appoint in writing one (1)
commissioner of the joint agency.
(c) The appointed commissioners shall convene and issue a
statement containing:
(1) a brief description of the resolution creating the joint agency;
(2) the name of the agency;
(3) the participating municipalities; and
(4) the names and addresses of the appointed commissioners.
The commissioners shall file copies of the statement with the
commission, the secretary of state, and with the recorder of each county
in which the member municipal utilities provide service.
(d) The joint agency shall consist of a board of commissioners. The
governing body of each municipality shall appoint one (1)
commissioner who may be an officer or employee of the municipality
or a member or employee of the board described in IC 8-1.5-3-3(a).
The appointment of a commissioner shall be made by resolution or
ordinance. Each commissioner shall have not less than one (1) vote and
may have such number of additional votes as a majority of the
members of the joint agency shall determine. Each commissioner shall
serve at the pleasure of the governing body by which the commissioner
was appointed. A person may not serve as a commissioner on behalf of
more than one (1) municipality at the same time. Each appointed
commissioner before entering upon the commissioner's duties shall
take and subscribe to an oath before a person authorized by law to
administer oaths to execute the duties of the commissioner's office
faithfully and impartially, and a record of the oath shall be filed with
the governing body of the appointing municipality and entered in its
minutes.
(e) The board of commissioners of the joint agency shall annually
elect, from among its membership, a chairman and a vice chairman. It
shall also annually elect another person or persons, who may be
commissioners, as treasurer and secretary. It may also annually elect,
if desired, one (1) or more assistant secretaries. The office of treasurer
may be held by the secretary or an assistant secretary. The board of
commissioners may also appoint additional officers. The secretary or
assistant secretary of the joint agency shall keep a record of its
proceedings, and the secretary shall be the custodian of all records,
books, documents, and papers filed with the joint agency, the minute
book or journal of the joint agency, and its official seal. Either the
secretary or an assistant secretary of the joint agency may cause copies
to be made of all minutes and other records and documents of the joint
agency and may give certificates under the official seal of the joint
agency to the effect that such copies are true copies, and all persons
dealing with the joint agency may rely upon such certificates.
(f) A majority of the commissioners of a joint agency constitute a
quorum. A vacancy in the board of commissioners of the joint agency
shall not impair the right of a quorum to exercise all the rights and
perform all the duties of the joint agency. Any action taken by the joint
agency under this chapter may be authorized by resolution at any
regular or special meeting, and each resolution takes effect
immediately and need not be published or posted. A contract that is
approved by a resolution of the board of commissioners may provide
that an action may be taken under a delegation provision in the contract
if the action taken is consistent with prudent utility practice. A majority
of the votes which the convened commissioners are entitled to cast
shall be sufficient to take any action or to pass any resolution, so long
as the convened commissioners are entitled to cast a majority of the
total number of votes held by the full board.
(g) Except as provided in this subsection, no commissioner of a joint
agency may receive from the joint agency any compensation for the
performance of the commissioner's duties under this chapter. However,
each commissioner may be paid the commissioner's necessary expenses
incurred while engaged in the performance of the commissioner's
duties. In addition, a municipality may pay the commissioner it
appoints up to fifteen dollars ($15) per day for each day or fraction of
a day the commissioner is engaged in the performance of duties under
this chapter, but only if the commissioner is not a person holding a
lucrative office.
(h) The board of commissioners of the joint agency may create an
executive committee of the board of commissioners. The board may
provide for the composition of the executive committee. The executive
committee shall have and shall exercise such of the powers and
authority of the board of commissioners during the intervals between
the board's meetings as shall be prescribed in the bylaws of the joint
agency. The terms of office of the members of the executive committee
and the method of filling vacancies on the executive committee shall
be fixed by the bylaws of the joint agency.
(i) Additional municipalities may join a joint agency upon such
terms and conditions as shall be provided in the contract for the
creation of the joint agency.
As added by Acts 1980, P.L.68, SEC.1. Amended by
P.L.90-1985, SEC.1; P.L.82-1988, SEC.3; P.L.81-1997, SEC.3;
P.L.36-2017, SEC.3; P.L.136-2018, SEC.56.