(a)Each joint agency shall have all of the rights
and powers necessary or convenient to carry out the purposes and
provisions of this chapter, including but not limited to the following:
(1)To adopt bylaws for the regulation of the affairs and the
conduct of its business, and to prescribe rules, regulations, and
policies in connection with the performance of its functions and
duties.
(2)To adopt an official seal and alter the same at pleasure.
(3)To maintain an office at such place or places as it may
determine.
(4)To sue and be sued in its own name and to plead and be
impleaded.
(5)To receive, administer, and comply with the conditions and
requirements respecting any gift, grant, or donation of any
property or money.
(6)To acquire by purchase, lease, gift, or otherwise, or to obtai
Free access — add to your briefcase to read the full text and ask questions with AI
(a) Each joint agency shall have all of the rights
and powers necessary or convenient to carry out the purposes and
provisions of this chapter, including but not limited to the following:
(1) To adopt bylaws for the regulation of the affairs and the
conduct of its business, and to prescribe rules, regulations, and
policies in connection with the performance of its functions and
duties.
(2) To adopt an official seal and alter the same at pleasure.
(3) To maintain an office at such place or places as it may
determine.
(4) To sue and be sued in its own name and to plead and be
impleaded.
(5) To receive, administer, and comply with the conditions and
requirements respecting any gift, grant, or donation of any
property or money.
(6) To acquire by purchase, lease, gift, or otherwise, or to obtain
options for the acquisition of, any property, real or personal,
improved or unimproved, including an interest in land less than
the fee thereof.
(7) To sell, lease, exchange, transfer, or otherwise dispose of, or
to grant options for any such purposes with respect to, any real or
personal property or interest in any real or personal property.
(8) To pledge or assign any money, rents, charges, or other
revenues and proceeds derived by the joint agency from the sales
of bonds or property and insurance or condemnation proceeds and
any contracts or other rights of the joint agency.
(9) To issue bonds of the joint agency for the purpose of paying
all or any part of the costs of any of the projects or purposes
authorized by this chapter.
(10) To study, plan, finance, construct, reconstruct, acquire,
improve, enlarge, better, own, operate, and maintain individually
or jointly with one (1) or more other joint agencies, municipalities
or public utilities one (1) or more projects and to pay all or any
part of the costs of the projects from the proceeds of bonds of the
joint agency or from any other funds available to the joint agency.
(11) To generate, produce, transmit, deliver, exchange, purchase,
or sell for resale only, electric power or energy or steam, and
transmission and related services and to enter into contracts for
any or all such purposes.
(12) To fix, charge and collect rents, rates, fees and charges for
electric power or energy and other services, facilities, and
commodities sold, furnished or supplied by it.
(13) To negotiate and enter into contracts with each of its member
municipalities whereby each municipality may purchase power
and energy and related services from the joint agency derived
from any project or projects or without designation as to source
and pursuant to which contracts each municipality shall agree to
make payments from the revenues of its electric system adequate:
(A) to pay when due (whether at maturity, upon acceleration, or
by sinking fund requirements) the principal, premium, if any,
and interest on all bonds issued by the joint agency to finance
any service provided to such member municipality, and to
establish reserves for the payment of the principal, premium, if
any, and interest on all bonds issued by the joint agency to
finance any service provided to the municipality; and
(B) to pay the necessary expenses of the joint agency
(including, without limitation, all amounts required to be
collected pursuant to the trust agreement or resolution
providing for the issuance of bonds) and to establish reserves
for the payment of the necessary expenses of the joint agency.
(14) To make and execute contracts and other instruments
necessary or convenient for the operation, maintenance, and
management of a regional transmission system, including
transmission facilities owned by a municipality or a joint agency.
Such a contract may not be for a term that is more than fifty (50)
years. Such a contract may not make the state, a political
subdivision, or a municipality a shareholder in a public utility.
Such a contract may delegate responsibilities if the delegation and
action taken are consistent with prudent utility practice.
(15) To make and execute contracts and other instruments
necessary or convenient in the exercise of the powers and
functions of the joint agency under this chapter, including
contracts with persons, firms, corporations, limited liability
companies, and others.
(16) To employ engineers, attorneys, financial advisors, and such
other consultants, agents, and employees as may be required in
the judgment of the joint agency and to fix and pay their
compensation from funds available to the joint agency for those
purposes.
(17) To do all acts and things necessary, convenient, or desirable
to carry out the purposes of, and to exercise the powers granted to,
the joint agency under this chapter.
(b) No joint agency may finance a project or projects, in whole or in
part, without first obtaining the approval of the commission as provided
in section 19 of this chapter.
(c) No joint agency may construct any transmission line without first
obtaining the approval of the commission as provided in section 19 of
this chapter.
(d) A determination by the joint agency approved by the
commission shall be conclusive unless a party to the proceeding
aggrieved by the determination of the commission shall file notice of
appeal pursuant to IC 8-1-3.
As added by Acts 1980, P.L.68, SEC.1. Amended by
P.L.82-1988, SEC.4; P.L.8-1993, SEC.116; P.L.81-1997, SEC.4;
P.L.136-2018, SEC.57.