This text of Indiana § 8-1.5-3-9.1 (Removal of utility from jurisdiction of commission for approval of
rates, charges, and evidences of indebtedness; alternative procedure) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.
(a)This section applies to the following:
(1)Water utilities that are owned or operated by second class
cities.
(b)In addition to section 9 of this chapter, a municipally owned
utility to which this section applies may be removed from the
jurisdiction of the commission for the approval of rates and charges and
of the issuance of stocks, bonds, notes, or other evidence of
indebtedness, if the municipal legislative body adopts an ordinance
removing the utility from commission jurisdiction. The municipal
legislative body shall, at least thirty (30) days before the final vote on
the ordinance, mail written notice of the meeting to all ratepayers of the
utility and to the commission. For a second class city the municipal
legislative body must hold two (2
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1. (a) This section applies to the following:
(1) Water utilities that are owned or operated by second class
cities.
(2) Third class cities.
(3) Towns.
(b) In addition to section 9 of this chapter, a municipally owned
utility to which this section applies may be removed from the
jurisdiction of the commission for the approval of rates and charges and
of the issuance of stocks, bonds, notes, or other evidence of
indebtedness, if the municipal legislative body adopts an ordinance
removing the utility from commission jurisdiction. The municipal
legislative body shall, at least thirty (30) days before the final vote on
the ordinance, mail written notice of the meeting to all ratepayers of the
utility and to the commission. For a second class city the municipal
legislative body must hold two (2) public meetings before the final vote
on an ordinance removing the utility from commission jurisdiction may
be adopted. An explanation of the removal process must be provided
at each public meeting under this section. Each public meeting must be
held in a different location.
(c) The ordinance described in subsection (b) takes effect sixty (60)
days after adoption by the municipal legislative body.
(d) The question of removal from commission jurisdiction shall be
submitted to the registered voters of the municipality if, within the sixty
(60) day period described in subsection (c), the legislative body
receives a petition:
(1) that is 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; and
(2) that requests the legislative body to submit the question of
removal from commission jurisdiction to the registered voters of
the municipality at the next election.
The municipal legislative body shall certify the public question in
subsection (e) to the county election board of the county that contains
the greatest percentage of population of the municipality under IC 3-10-9-3.
(e) If the legislative body receives a petition described in subsection
(d) in the proper form, the legislative body shall submit the following
public question to the registered voters of the municipality at the next
election in the form prescribed by IC 3-10-9-4:
"Shall the municipally owned utility be taken out of the
jurisdiction of the Indiana utility regulatory commission for the
approval of rates and charges and of the issuance of stocks, bonds,
notes, or other evidence of indebtedness?".
The legislative body shall mail written notice of the referendum to the
commission at least ten (10) days before the date of the election.
(f) If a majority of those voting on the question described in
subsection (e) favor taking the municipally owned utility out of the
jurisdiction of the commission, the utility is removed from the
jurisdiction of the commission for approval of rates and charges and of
the issuance of stocks, bonds, notes, or other evidences of
indebtedness.
(g) If the legislative body receives a petition in proper form under
subsection (d), the ordinance does not take effect until after removal is
approved by a majority of those voting. If a majority of those voting
vote against removal, the utility remains under the jurisdiction of the
commission and the ordinance does not take effect.
(h) In addition to the notice required by subsection (b), if the
municipal legislative body adopts the ordinance, described in
subsection (b), the municipal legislative body shall mail written notice
of the withdrawal from commission jurisdiction to the commission
within thirty (30) days after the ordinance becomes effective.
(i) Notwithstanding this section or section 9 of this chapter, the
commission may require a municipally owned utility that generates
electric power to provide information to the permanent forecasting
group under IC 8-1-8.5-3.5.
(j) This section does not affect the obligations of a municipally
owned utility under IC 8-1-2.3, IC 8-1-8.5, IC 8-1-22.5, or IC 8-1.5-3-14.
(k) Notwithstanding subsection (a) and the procedure set forth in
section 9 of this chapter, if a city adopts an ordinance under this section
before January 1, 2013, to remove the city's municipally owned electric
utility from the jurisdiction of the commission for the approval of rates
and charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness, the removal of the city's municipally owned
electric utility from the commission's jurisdiction for the approval of
rates and charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness is effective for all purposes and is legalized
and validated.