Sec. 33. (a) This section does not apply to the following: (1) A municipality that, as of July 1, 2012, had established and operated a water utility. (2) An action brought under: (A) IC 8-1-2-92 ; (B) IC 8-1-2-93 ; or (C) this chapter; before March 1, 2013. (b) Not more than thirty (30) days after a municipality described in section 7(b)(1) or 7(b)(2) of this chapter adopts an ordinance under section 7 of this chapter, the utility may bring an action against the municipality in the circuit or superior court of the county in which the municipality is located to determine the question of public convenience and necessity. (c) The court shall stay further action by the municipality under the ordinance adopted under section 7 of this chapter pending the court's determination. (d) The court shall try the cause without delay and without a jury and review the evidence de novo. IC 8-1.5-3 Chapter 3. Operation of Municipally Owned Utilities Generally 8-1.5-3-1 Application of chapter 8-1.5-3-2 "Board" defined 8-1.5-3-3 Control of utilities; control of storm water facilities in third class cities; ordinance; creation of utility service board 8-1.5-3-3.3 Legalization of certain utility service boards 8-1.5-3-4 Board; powers and duties 8-1.5-3-4.5 Application of section; bid, proposal, or quotation submitted by trust 8-1.5-3-5 Superintendent; powers and duties; compensation; bond; removal 8-1.5-3-6 Load building appliances; purchase; sale and advertisement 8-1.5-3-7 Retirement account 8-1.5-3-8 Rates and charges; payment of rates, charges, and fees by occupant of property that is not property owner 8-1.5-3-8.1 Hearings; adoption of rates and charges; notice; contents 8-1.5-3-8.2 Objections to rates and charges; bonds; hearings 8-1.5-3-8.3 Objection to extraterritorial rates and charges; review by commission 8-1.5-3-9 Removal of utility from jurisdiction of commission for approval of rates and charges; procedure 8-1.5-3-9.1 Removal of utility from jurisdiction of commission for approval of rates, charges, and evidences of indebtedness; alternative procedure 8-1.5-3-9.5 Return of utility to commission jurisdiction following removal 8-1.5-3-9.6 Return of utility to commission jurisdiction following removal under alternative procedure 8-1.5-3-10 Rates and charges; electric service outside corporate boundaries 8-1.5-3-11 Funds; management 8-1.5-3-12 Loan from utility to municipality; loan requirements; limitation on amount 8-1.5-3-13 Investments of surplus money; authorization of officers 8-1.5-3-14 Annual report; exemption; examination of accounts 8-1.5-3-15 Utilities operated under IC 8-1-11.1 ; rights and powers
‹ Prev All Indiana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.