Sec. 10. (a) Before a municipal legislative body adopts an ordinance declaring that public convenience and necessity require the construction or acquisition of a utility as provided by section 7 of this chapter, each public utility furnishing a similar utility service in the municipality, or in the contiguous territory in which the municipality proposes to operate, shall be given ten (10) days notice by the legislative body of the time and place where the hearing will be held. At the hearing, the public utility is entitled to be heard in person or by counsel in opposition to the proposed action.
(b) Notice must be served by delivering a copy to an officer or manager of the public utility in the municipality, if possible, or to an officer of the public utility elsewhere in Indiana.
As added by Acts 1982, P.L.74, SEC.1.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1.5. Municipal Utilities
Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities
8-1.5-2-1. Application of Chapter; Exception
8-1.5-2-2. Application of Chapter; Additional Exceptions
8-1.5-2-7. Public Convenience and Necessity; Declaratory Resolution
8-1.5-2-8. Preliminary Expenses; Appropriation
8-1.5-2-9. Appropriation for Preliminary Expenses; Repayment
8-1.5-2-10. Ordinance Declaring Public Convenience and Necessity; Notice and Hearing
8-1.5-2-12. Sale of Heat, Light, Water, or Power to Municipality
8-1.5-2-14. Costs of Construction or Acquisition; Security for Payment
8-1.5-2-15. Condemnation; Authorization
8-1.5-2-15.5. Condemnation of Public Utility
8-1.5-2-18. Bonds; Payable Out of Special Account; Issuance
8-1.5-2-19. Bonds, Notes, or Other Obligations; Issuance; Approval by Commission for Long Term Bonds
8-1.5-2-20. Bonds; Payment From Revenues Not Derived From Particular Utility; Restriction
8-1.5-2-21. Bonds Payable Out of Special Account; Purchase by Municipality
8-1.5-2-22. General Obligation Bonds; Authorization; Limitation
8-1.5-2-23. General Obligation Bonds; Terms; Sale
8-1.5-2-24. Revenue Bonds; Money Set Aside for Payment of Interest and Principal
8-1.5-2-25. Special Utility Account; Establishment by Municipality; Use
8-1.5-2-26. Tax Levy for Payment of Bonds
8-1.5-2-29. Lease of Waterworks Facilities; Notice and Hearing
8-1.5-2-30. Lease of Waterworks Facilities; Execution; Limitation of Actions
8-1.5-2-31. Leased Waterworks Facilities; Tax Exemptions
8-1.5-2-32. Leased Waterworks Facilities; Applicable Statutes
8-1.5-2-33. Action to Determine Public Convenience and Necessity