CHAPTER 9. MUNICIPAL STREET LIGHTS
IC 36-9-9
Chapter 9. Municipal Street Lights
IC 36-9-9-1
Application of chapter
Sec. 1. This chapter applies to all municipalities.
As added by Acts 1981, P.L.309, SEC.82.
IC 36-9-9-2
"City block" defined
Sec. 2. As used in this chapter, "city block" means both sides of
the part of a public street that lies between two (2) intersecting public
streets.
As added by Acts 1981, P.L.309, SEC.82.
IC 36-9-9-3
Petitions for construction of street lights; declaratory resolutions;
notice and hearing
Sec. 3. (a) The owner or owners of real property that fronts or
abuts upon a public street or thoroughfare may sign and file with the
municipal works board their petition requesting that there be
constructed, erected, installed, maintained, and operated:
(1) an electric system of street lights and posts, designating the
number of lumens per post and the number of posts along the
street curb;
(2) a system of ornamental street lights and posts with
underground wiring; or
(3) additional lights where a system has already been installed;
in front or on either side of the city block or blocks described in the
petition.
(b) When the petition has been filed and signed by the owner or
owners of at least sixty percent (60%) of the real property in the city
block or blocks described in the petition, the works board shall adopt
a declaratory resolution for the making of the improvement as
described in the petition and shall then:
(1) prepare and place on file in its office, or with the municipal
clerk if it has no office, a complete set of drawings, plans, and
specifications for the lighting system and an estimate of the
annual cost of the street lighting, which shall be kept open for
inspection by the public and all prospective bidders; and
(2) publish in accordance with IC 5-3-1 a notice stating that on
a day named after the last publication a public hearing shall be
held, that interested persons may file remonstrances against the
lighting system at the hearing, and that, at the hearing, the
works board may sustain or overrule the remonstrances or may
modify its original resolution, plans, or proceedings.
As added by Acts 1981, P.L.309, SEC.82. Amended by Acts 1981,
P.L.45, SEC.41.
IC 36-9-9-4
(Repealed by Acts 1982, P.L.6, SEC.27.)
IC 36-9-9-4.1
Hearing on remonstrance; rescission or modification of resolution and
plans
Sec. 4.1. At the time specified in the notice under section 3 of this
chapter, the municipal works board shall conduct a hearing of any
remonstrance on file. If, at the hearing, the works board finds that:
(1) the lighting system will not be of public benefit; or
(2) the annual benefits from the lighting system that will accrue
to the property liable to be assessed will not equal or exceed the
estimated annual cost of the improvement, after deducting the
amount of the annual cost to be paid by the municipality;
the works board shall rescind the declaratory resolution for the
lighting system and dismiss the petition, or modify the resolution,
petition, drawings, plans, specifications, and estimated cost so that
the lighting system will be of public benefit and the annual benefits
that will accrue to the property liable to be assessed for the lighting
system will equal or exceed its estimated annual cost, after deducting
the amount of the annual cost to be paid by the municipality.
However, the number of lumens per post and the number of posts
designated in the petition may not be changed without the written
consent of the petitioners.
As added by Acts 1982, P.L.6, SEC.26.
IC 36-9-9-5
Construction of street lights; contracts; commission orders
Sec. 5. (a) When the declaratory resolution, as originally adopted
or as modified, has been confirmed, the municipal works board shall
notify and negotiate with any utility that operates and supplies
electrical current within the municipality. The works board shall
attempt to enter into a contract with the utility for the lighting
described in the plans and specifications, and may cause the
municipality to enter into such a contract, in strict accordance with
the plans, drawings and specifications on file.
(b) If more than one (1) utility supplies electricity in the
municipality and has the right to serve the electric system petitioned
for, the municipal works board shall publish a notice in accordance
with IC 5-3-1. The notice must state the nature of the work, state that
drawings, plans, and specifications are on file in the office of the
works board or the municipal clerk, call for sealed bids for the
lighting and the maintenance of the system, and state that the bids
must be filed not less than ten (10) days after the last publication and
must comply with the manner and form in which bids for public
improvements are filed in municipalities. If a satisfactory bid is
received by the time fixed in the notice, the works board shall
attempt to enter into a contract with the utility that is the lowest
responsible bidder for the furnishing of that lighting.
(c) If the municipality owns and operates an electric utility and no
other electric utility is authorized to render the service petitioned for,
then the electrical lighting system petitioned for may be installed,
maintained, and operated by the municipality. An electrical system
established under this section shall be maintained, operated, and paid
for in the same manner as an electrical system that is established
under this chapter by a public utility.
(d) The annual cost of lighting as fixed by the contract may not
exceed the estimated cost of lighting on file with the plans and
specifications. The contract must require lighting service for a period
of not less than five (5) years and not more than fifteen (15) years,
and must describe in detail the service to be rendered and the prices
to be paid to the utility.
(e) If the municipality is unable to make an agreement with a
utility, the municipality may file its petition with the utility
regulatory commission. The commission shall conduct a hearing on
the petition, in accordance with law and the rules of the commission.
The commission may then require a utility supplying electrical
current within the municipality to enter into a contract to construct
the electric system of lighting in accordance with the plans and
specifications on file with the municipality, and to maintain and
operate the system at the prices, on the terms, for the period of time,
and upon the conditions that the commission requires. Such an order
of the commission is binding upon the municipality and utility:
(1) in the same manner as other orders of the commission; and
(2) as if a contract had been entered into between the
municipality and the utility covering the same subject matter;
subject to all rights of appeal from the commission.
(f) After a contract has been entered into between the municipality
and utility and has been approved by the utility regulatory
commission, or if the construction, maintenance, and operation of the
lighting system has been ordered by the commission, the utility
which is a party to the contract or order shall, within a reasonable
time, construct the system at its own expense. The utility shall
maintain and operate the system in strict accordance with the
agreement and order, and at the annual rates, tolls, or charges fixed
by contract or by the order of the commission. The commission may
investigate the rates, tolls, and charges in the same manner and to the
same extent that it may investigate and revise the rates, tolls, and
charges for electric current supplied by a public utility under
IC 8-1-2.
As added by Acts 1981, P.L.309, SEC.82. Amended by Acts 1981,
P.L.45, SEC.42; P.L.23-1988, SEC.123.
IC 36-9-9-6
Construction of street lights; uniformity of style; supervisory personnel;
completion report
Sec. 6. (a) All street lamps or systems of lighting constructed,
erected, or installed must be uniform in style and shall be installed
under the supervision of:
(1) the municipal civil engineer; or
(2) some other competent person;
as determined by the municipal works board. If the person
supervising the work is not already under bond, he shall file a bond
for the faithful performance of his duties in the sum and the manner
directed by the works board.
(b) At the completion of the work, the person supervising the
work shall file with the municipality his verified report that the work
has been completed and complies in all respects with the drawings,
plans, and specifications on file. If the report is found to be correct,
the works board shall accept it on behalf of the municipality.
As added by Acts 1981, P.L.309, SEC.82.
IC 36-9-9-7
Payments to utility for service
Sec. 7. The municipality shall make to the utility operating the
lighting system all payments required to be made to the utility for its
service, in strict accordance with the terms of the contract or order
under which the utility is operating. The municipality shall make the
payments from its general fund or from a fund set aside for street
lighting purposes, and shall be reimbursed for payments made in
behalf of property owners by the collection of the assessments as
provided in this chapter.
As added by Acts 1981, P.L.309, SEC.82.
IC 36-9-9-8
Street lights at intersections
Sec. 8. (a) For purposes of this section, all light posts that are:
(1) located on the street upon which a lighting system is
installed; and
(2) within fifty (50) feet of the nearest part of another street
intersecting that street;
are considered to be at a street intersection.
(b) A municipality shall install, maintain, and operate at each
street intersection lighting facilities that are at least equal to those in
other parts of the lighting system.
As added by Acts 1981, P.L.309, SEC.82.
IC 36-9-9-9
Payment of costs of lighting
Sec. 9. (a) The municipality shall pay from its general fund or
from a fund set aside for street lighting purposes:
(1) the entire annual cost of lighting at street intersections under
section 8 of this chapter; and
(2) not less than thirty-five percent (35%) of the annual cost of
lighting of the entire other part of the lighting system, with the
exact percentage paid to be fixed by the municipal works board.
The municipal legislative body may, by ordinance, divide the
municipality for lighting purposes into business zones, residence
zones, or other classes of zones. The percentage of annual cost of the
lighting system to be paid by the municipality must be uniform
throughout each class of the zones.
(b) The remaining annual cost of the lighting system shall be
assessed against each lot or parcel of real property in the city block
or blocks in front of which the lighting system is located, in the
manner prescribed by section 10 of this chapter.
As added by Acts 1981, P.L.309, SEC.82.
IC 36-9-9-10
Assessments; liens
Sec. 10. (a) After an electrical lighting system has been completed
and is ready for operation, the municipal works board shall assess the
real property in the city block or blocks affected for the proportionate
part of the annual lighting cost and, in the case of a system of
ornamental lighting, the installation costs, that the property owners
are required to pay annually. The works board shall assess each lot
or parcel of the property equally per front foot.
(b) The works board shall prepare and file an assessment roll,
setting forth the assessments against each lot and parcel of real
property to be assessed, based upon:
(1) the cost of the lighting for the full period of one (1) year and
for that part of a year the system may be operated between the
time of its completion and the beginning of the next calendar
year; and
(2) in the case of a system of ornamental lighting, the costs of
installing the system.
The preparation and filing of the assessment roll and all proceedings
for its adoption and confirmation, notices to property owners,
certifying the roll to the county treasurer, and all other proceedings
in connection with the roll must be according to the statutes
regarding public improvements in municipalities.
(c) The first assessment made against each lot or parcel of real
property is a lien on that lot or parcel, from the time of the final
acceptance of the electrical system by the municipality. The lien
covers the cost of lighting for the part of the calendar year following
acceptance of the system, the cost of lighting for the next full
calendar year, and, in the case of a system of ornamental lighting, the
cost of installing the system.
(d) After the first assessment is made, a lien attaches upon March
1 of each year without further certification to the county treasurer,
for the amount of the lighting cost for the succeeding calendar year
and in the same proportions per front foot as fixed by the original
assessment roll.
(e) Assessments made under this section shall be paid in the same
manner as taxes are paid, at the regular tax paying periods following
the adoption of the assessment roll. An assessment not paid at the
time fixed by statute is subject to and may be collected according to
the statutes regarding delinquent taxes, and all property upon which
an assessment is a lien is subject to proceedings for the collection of
taxes.
(f) The lien of an assessment under this section has equal priority
with all other assessment liens and is superior to all other liens
except liens for taxes.
As added by Acts 1981, P.L.309, SEC.82.
IC 36-9-9-11
Expiration of contracts; transfers to new utilities
Sec. 11. (a) Six (6) months before the expiration of a contract or
order entered into or made under section 5 of this chapter, the
municipal works board may:
(1) negotiate and enter into a new contract;
(2) extend the current contract;
(3) procure an order of the commission; or
(4) advertise for bids.
The works board shall then proceed in the manner provided by the
preceding sections of this chapter.
(b) If a contract or order made under this section provides that an
electrical system is to be operated by a utility other than the former
utility and owner of the system, the new utility shall pay in cash to
the former utility the full value at that time of the system, as
determined by the utility regulatory commission. After payment, the
former utility shall transfer title in the system to the new utility,
which is then fully vested with ownership of the system. The new
utility shall maintain and serve the system in accordance with this
chapter.
As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.23-1988,
SEC.124.
IC 36-9-9-12
Additional lighting facilities; petition; construction; assessment of costs
Sec. 12. (a) Whenever a lighting system has been established in
accordance with this chapter, and an owner of property within any
city block or blocks included in the system wants lighting facilities
in front of or near his property that:
(1) are additional to those described in the plans and
specifications on file; and
(2) consist of either lighting posts or lamps of greater
candlepower, or both;
the property owner may file his petition with the municipal works
board. The petition must fully describe the additional lighting
facilities that are wanted.
(b) The works board shall grant the petition and refer it to the
person who supervises the system, who shall prepare and file:
(1) plans and specifications for the additional lighting; and
(2) the estimated annual cost of the additional lighting.
(c) When the plans, specifications, and annual cost are approved
by the works board and by the property owner, the works board shall
notify the utility operating the lighting system. The utility shall
immediately proceed to erect, install, construct, and connect the
additional lighting at its own expense. The utility shall then operate
and maintain the additional lighting facilities as a part of the original
system in return for additional compensation that is:
(1) agreed upon by all the interested parties and approved by the
utility regulatory commission; or
(2) fixed by the commission.
(d) The property owner who petitioned for the additional lighting
facilities shall pay to the municipality the additional annual cost of
those facilities. The additional annual cost, which shall be added to
the original amount assessable against the petitioner's property, is a
lien upon the property and is payable in accordance with this chapter.
As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.23-1988,
SEC.125.
IC 36-9-9-13
Additional hours of lighting; petitions; assessment of costs
Sec. 13. (a) Whenever:
(1) a lighting service has been established in accordance with
this chapter or under another contract or arrangement; and
(2) at least sixty percent (60%) of the property owners upon one
(1) side of the street on a city block or blocks lighted by the
service file with the municipal works board their petition
requesting that the lighting service be maintained on that side
of the street in the block or blocks each night for a designated
number of hours in addition to the number of hours of service
prescribed by the current contract, arrangement, or plans and
specifications;
the works board shall grant the petition. The cost of the additional
lighting shall be charged to and assessed against all of the lots or
parcels of real property on the side of the street and on the city block
or blocks on which additional lighting service is maintained.
(b) All proceedings for the establishment of additional service, the
payments to the utility for additional service, and the making and
collection of assessments and liens for additional service are
governed by this chapter in the same manner as other proceedings,
payments, assessments and liens.
As added by Acts 1981, P.L.309, SEC.82.