§ 8-1.5-3-4 — Board; powers and duties

Indiana § 8-1.5-3-4

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

Text

(a) The board has general supervisory powers
over the utilities under its control, with responsibility for the detailed
supervision of each utility to be vested in its superintendent, who is
responsible to the board for the business and technical operation of the
utility. The board shall:
(1) fix the number and compensation of employees;
(2) adopt rules governing the appointment of employees including
making proper classifications and rules to:
(A) determine the eligibility of applicants;
(B) determine by competitive examination the relative fitness
of applicants for positions;
(C) establish eligible lists arranged according to the ratings
secured;
(D) provide for the appointment of those having the highest
ratings; and
(E) provide for the promotion of employees;
(3) subject to IC 36-4-9-2, appoint a superintendent or manager
of each utility under its control who is responsible to the board for
the business and technical operation of the utility; the board shall
make the appointment on the basis of fitness to manage the
particular utility to which he is to be assigned, taking into account
his executive ability and his knowledge of the utility industry;
(4) subject to IC 36-4-9-12, hire attorneys when required for the
operation of the utility;
(5) hire professional or expert personnel when required for the
operation of the utility;
(6) submit a budget of its financial needs for the next year in the
detail required by the municipal legislative body;
(7) recommend to the legislative body reasonable and just rates
and charges for services to the patrons of each utility;
(8) appropriate, lease, rent, purchase, and hold all real and
personal property of the utility;
(9) enter upon lands for the purpose of surveying or examining
the land to determine the location of any plant or appurtenances;
(10) award contracts for:
(A) the purchase of capital equipment;
(B) the construction of capital improvements; or
(C) other property or purposes that are necessary for the full
and efficient construction, management, and operation of each
utility;
(11) adopt rules for the safe, economical, and efficient
management and protection of each utility;
(12) deposit at least weekly with the municipal fiscal officer all
money collected from each utility to be kept in a separate fund
subject to the order of the board; and
(13) make monthly reports to the fiscal officer of the receipts and
disbursements of money belonging to each utility and an annual
report of the condition of the utility.
(b) The board may purchase by contract electricity, water, gas,
power, or any other commodity or service for the purpose of furnishing
the commodity or service to the patrons of the municipally owned
utility or to the municipality itself.
(c) If the board wants to purchase the commodity or service from a
public utility and the parties cannot agree on a rate or charge to be paid
for it, either party may apply to the commission or other appropriate
state or federal regulatory agency to establish a fair and reasonable rate
or charge to be paid for the commodity or service.
(d) The board may discontinue water service by a waterworks to:
(1) a water consumer; or
(2) any property;
upon failure by the water consumer or the property owner to pay
charges legally due for sewer or sewage disposal plant service.
However, the water service may not be discontinued for nonpayment
of sewer or sewage disposal plant service charges until the charges
have been due and unpaid for at least the time fixed by the board
governing the sewer or sewage disposal plant service.
(e) Before water service is discontinued under subsection (d), the
board must give written notice to the water consumer or property owner
of its intention to discontinue water service if the unpaid sewer or
sewage disposal plant service charges are not paid before a date
specified in the notice. The notice must be mailed not less than ten (10)
days before water service is to be discontinued and addressed to the
water consumer or the property owner at the consumer's or owner's last
known address.
As added by Acts 1982, P.L.74, SEC.1. Amended by
P.L.257-2019, SEC.77.