§ 8-1.5-3-9.6 — Return of utility to commission jurisdiction following removal under alternative procedure

Indiana § 8-1.5-3-9.6

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

Text

6. (a) This section applies to municipally
owned utilities that are withdrawn from commission jurisdiction under
section 9.1 of this chapter.
(b) The municipal legislative body may adopt an ordinance
returning the municipally owned utility to 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 it 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 adopt an ordinance
returning the municipally owned utility to the jurisdiction of the
commission.
If the municipal legislative body fails to adopt an ordinance under this
subsection within ninety (90) days after receipt of the petition, a
petition requesting the adoption of an ordinance to return to
commission jurisdiction may not be submitted for four (4) years from
the date the last petition was submitted under this subsection.
(c) If the municipal legislative body fails to adopt the ordinance
described in subsection (b) within ninety (90) days after receipt of the
petition, the public question of the return to commission jurisdiction
shall be submitted to the registered voters of the municipality if the
legislative body receives a second 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;
(2) that requests the legislative body to submit the question of the
return to commission jurisdiction to the registered voters of the
municipality at the next election; and
(3) that is submitted to the legislative body after the expiration of
the ninety (90) day period described in this subsection.
The municipal legislative body shall certify the public question
described in subsection (d) to the county election board of the county
that contains the greatest percentage of population of the municipality
under IC 3-10-9-3.
(d) If the legislative body receives a petition described in subsection
(c) 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 returned to the jurisdiction
of the 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.
(e) If a majority of those voting on the question described in
subsection (d) favor returning the municipally owned utility to the
jurisdiction of the commission, the utility is returned to the jurisdiction
of the commission for approval of rates and charges and of the issuance
of stocks, bonds, notes, or other evidence of indebtedness. If a majority
of those voting disapprove of returning the municipally owned utility
to the jurisdiction of the commission, an election may not be conducted
on the public question of returning to the jurisdiction of the
commission for four (4) years from the date of the last election on that
public question.
(f) The public question of returning to the jurisdiction of the
commission may not be submitted to the registered voters of the
municipality at an election conducted within four (4) years after the
date the municipally owned utility was last withdrawn from
commission jurisdiction. In addition, a petition requesting the adoption
of an ordinance under subsection (b) may not be submitted within four
(4) years after the date the municipally owned utility was last
withdrawn from commission jurisdiction.
(g) If a municipally owned utility is returned to commission
jurisdiction under this section, the municipal legislative body shall mail
written notice to the commission.

Legislative History

As added by P.L.82-1988, SEC.8. Amended by P.L.12-1995, SEC.104.