Sec. 7. The board shall distribute secret written ballots to the members or shareholders present at the meeting. The form of the ballots must be as follows:
[] YES, I want to withdraw from the jurisdiction of the commission.
[] NO, I want to remain under the jurisdiction of the commission.
Only those members or shareholders present at the meeting are eligible to vote, and proxy votes are not permitted. Each member or shareholder present is entitled to one (1) vote on the question of withdrawal from commission jurisdiction. If a majority of members or shareholders present vote in favor of the utility withdrawing from commission jurisdiction, the withdrawal becomes effective thirty (30) days after the date of the vote. If less than a majority of the members or shareholders present vote in favor of withdrawal from commission jurisdiction, the utility is prohibited from seeking withdrawal for two (2) years following the date of the vote.
As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.10; P.L.82-1997, SEC.10; P.L.159-1999, SEC.10.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction
8-1-2.7-1.3. Applicability of Chapter
8-1-2.7-1.4. "Members" and "Shareholders" Defined
8-1-2.7-1.6. "Sewage Treatment Provider" Defined
8-1-2.7-2. Withdrawal of Utility From Commission Jurisdiction
8-1-2.7-3. Approval for Withdrawal
8-1-2.7-4. Referendum on Withdrawal
8-1-2.7-5. Notice of Special Meeting for Referendum
8-1-2.7-7. Ballots; Form; Eligible Voters; Results
8-1-2.7-9. Effect of Withdrawal
8-1-2.7-10. Confirmation of Withdrawal
8-1-2.7-11. Petition to Return to Commission Jurisdiction; Referendum; Ballot Form
8-1-2.7-12. Return to Commission Jurisdiction
8-1-2.7-13. Confirmation of Return to Commission Jurisdiction
8-1-2.7-14. Annual Reports of Utility Before Return to Commission Jurisdiction
8-1-2.7-15. Revocation or Limitation of Withdrawal From Commission Jurisdiction
8-1-2.7-15.5. Policy Review Committee for a Not-for-Profit Utility Providing Water Service