§ 8-1.5-4-1.5 — Certain municipalities operating a waterworks through a department before January 1, 1982

Indiana § 8-1.5-4-1.5

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 4: Department of Waterworks in Certain Municipalities

Text

5. (a) A municipality having and operating a
waterworks through a department of waterworks before January 1,
1982, under IC 19-3-15 (before its repeal on January 1, 1983) or under
IC 19-3-27 (before its repeal on January 1, 1983) shall be deemed to
have established a department of waterworks, as authorized by section
2 of this chapter, having the same number of board members as the
board operating before January 1, 1982, and having the same powers,
obligations, and duties as would be the case if the legislative body of
the municipality had adopted an ordinance doing so before January 1,
1983, in accordance with Acts 1982, P.L.74, SECTION 5(b).
(b) Except as provided in subsection (c), the board of directors of
the department of waterworks shall operate as both the board and the
municipal legislative body for the purposes of IC 8-1.5-3-4 and IC 8-1.5-3-8.
(c) This subsection applies to water utilities that have been removed
from the jurisdiction of the Indiana utility regulatory commission under
IC 8-1.5-3-9.1 after June 30, 1991. The board of directors of the
department of waterworks shall operate as the board for the purposes
of IC 8-1.5-3-4 and IC 8-1.5-3-8.

Legislative History

As added by P.L.105-1983, SEC.3. Amended by P.L.16-1984, SEC.7; P.L.3-1990, SEC.29; P.L.56-1992, SEC.1.