§ 8-1.5-3-3 — Control of utilities; control of storm water facilities in third class cities; ordinance; creation of utility service board

Indiana § 8-1.5-3-3

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 3: Operation of Municipally Owned Utilities Generally

Text

(a) The legislative body of a municipality may,
by ordinance, provide for the control of any or all of its municipally
owned utilities by:
(1) the municipal works board;
(2) a board consisting of the members of the municipal legislative
body;
(3) a utility service board established under subsection (f) or
established before January 1, 1983, under IC 8-1-2-100
(repealed); or
(4) the board of directors of a department of waterworks
established under IC 8-1.5-4.
The legislative body of a third class city also may adopt an ordinance
under this subsection to provide for the control of any or all of its storm
water facilities by a board described in subdivisions (1) through (4). An
ordinance granting control of any or all of a third class city's storm
water facilities to a board described in this subsection may be separate
from or combined with an ordinance granting control of the third class
city's municipally owned utilities to a board described in this
subsection.
(b) If, at the time an ordinance is adopted under subsection (a) to
grant control of any or all of a third class city's storm water facilities to
a board described in subsection (a) the third class city has a department
of storm water management under IC 8-1.5-5, the ordinance must
specify a procedure for the transition of control of the affected storm
water facilities from the board of directors of the department of storm
water management to the board described in subsection (a).
(c) The registered voters of a municipality may file a petition
addressed to the legislative body requesting that the question of the
creation of a utility service board be submitted to a referendum. The
petition must be signed by at least the number of the registered voters
of the municipality required under IC 3-8-6-3 to place a candidate on
the ballot.
(d) Within thirty (30) days after a petition is filed, the municipal
clerk shall certify to the legislative body and to the county election
board that a sufficient petition has been filed.
(e) Following certification, the legislative body shall submit the
question of the creation of a utility service board to a referendum at the
next election. The question shall be submitted to the registered voters
of the municipality by placement on the ballot in the form prescribed
by IC 3-10-9-4 and must state:
"Shall the legislative body of the municipality of _____________
adopt an ordinance providing for the appointment of a utility service
board to operate ____________ (Insert name of utility here)?".
(f) If a majority of the voters voting on the question vote for the
creation of a utility service board, the legislative body shall, by
ordinance, establish a utility service board consisting of not less than
three (3) nor more than seven (7) members. All members must be
residents of the area served by the board. The ordinance must provide
for:
(1) a majority of the members to be appointed by the executive
and a minority of the members to be appointed by the legislative
body;
(2) the terms of the members, which may not exceed four (4)
years, with initial terms prescribed so that the members' terms will
be staggered;
(3) the salaries, if any, to be paid to the members; and
(4) the selection by the board of a chairman, who shall not be
considered the head of a department for purposes of IC 36-4-9-2.
(g) The registered voters of the municipality may also file a petition
requesting that the question of the abolition of the utility service board
be submitted to a referendum. The procedure for filing of the petition
and the referendum is the same as that prescribed by subsections (c)
through (e).
As added by Acts 1982, P.L.74, SEC.1. Amended by
P.L.16-1983, SEC.6; P.L.3-1987, SEC.500; P.L.12-1995, SEC.100;
P.L.282-2003, SEC.1; P.L.164-2019, SEC.3.