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 ofthe part of a public street that lies between two (2) intersecting publicstreets.
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 orabuts upon a public street or thoroughfare may sign and file with themunicipal works board their petition requesting that there beconstructed, erected, installed, maintained, and operated:
(1) an electric system of street lights and posts, designating thenumber of lumens per post and the number of posts along thestreet curb;
(2) a system of ornamental street lights and posts withunderground 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 thepetition.
(b) When the petition has been filed and signed by the owner orowners of at least sixty percent (60%) of the real property in the cityblock or blocks described in the petition, the works board shall adopta declaratory resolution for the making of the improvement asdescribed in the petition and shall then:
(1) prepare and place on file in its office, or with the municipalclerk if it has no office, a complete set of drawings, plans, andspecifications for the lighting system and an estimate of theannual cost of the street lighting, which shall be kept open forinspection by the public and all prospective bidders; and
(2) publish in accordance with IC 5-3-1 a notice stating that ona day named after the last publication a public hearing shall beheld, that interested persons may file remonstrances against thelighting system at the hearing, and that, at the hearing, theworks board may sustain or overrule the remonstrances or maymodify 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IC 36-9-9-4 (Repealed by Acts 1982, P.L.6, SEC.27.)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 andplans
Sec. 4.1. At the time specified in the notice under section 3 of thischapter, the municipal works board shall conduct a hearing of anyremonstrance 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 accrueto the property liable to be assessed will not equal or exceed theestimated annual cost of the improvement, after deducting theamount of the annual cost to be paid by the municipality;
the works board shall rescind the declaratory resolution for thelighting system and dismiss the petition, or modify the resolution,petition, drawings, plans, specifications, and estimated cost so thatthe lighting system will be of public benefit and the annual benefitsthat will accrue to the property liable to be assessed for the lightingsystem will equal or exceed its estimated annual cost, after deductingthe amount of the annual cost to be paid by the municipality.However, the number of lumens per post and the number of postsdesignated in the petition may not be changed without the writtenconsent 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 adoptedor as modified, has been confirmed, the municipal works board shallnotify and negotiate with any utility that operates and supplieselectrical current within the municipality. The works board shallattempt to enter into a contract with the utility for the lightingdescribed in the plans and specifications, and may cause themunicipality to enter into such a contract, in strict accordance withthe plans, drawings and specifications on file.
(b) If more than one (1) utility supplies electricity in themunicipality and has the right to serve the electric system petitionedfor, the municipal works board shall publish a notice in accordancewith IC 5-3-1. The notice must state the nature of the work, state thatdrawings, plans, and specifications are on file in the office of theworks board or the municipal clerk, call for sealed bids for thelighting and the maintenance of the system, and state that the bidsmust be filed not less than ten (10) days after the last publication andmust comply with the manner and form in which bids for publicimprovements are filed in municipalities. If a satisfactory bid isreceived by the time fixed in the notice, the works board shallattempt to enter into a contract with the utility that is the lowestresponsible bidder for the furnishing of that lighting.
(c) If the municipality owns and operates an electric utility and noother 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 systemestablished under this section shall be maintained, operated, and paidfor in the same manner as an electrical system that is establishedunder this chapter by a public utility.
(d) The annual cost of lighting as fixed by the contract may notexceed the estimated cost of lighting on file with the plans andspecifications. The contract must require lighting service for a periodof 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 pricesto be paid to the utility.
(e) If the municipality is unable to make an agreement with autility, the municipality may file its petition with the utilityregulatory commission. The commission shall conduct a hearing onthe petition, in accordance with law and the rules of the commission.The commission may then require a utility supplying electricalcurrent within the municipality to enter into a contract to constructthe electric system of lighting in accordance with the plans andspecifications on file with the municipality, and to maintain andoperate the system at the prices, on the terms, for the period of time,and upon the conditions that the commission requires. Such an orderof 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 themunicipality 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 municipalityand utility and has been approved by the utility regulatorycommission, or if the construction, maintenance, and operation of thelighting system has been ordered by the commission, the utilitywhich is a party to the contract or order shall, within a reasonabletime, construct the system at its own expense. The utility shallmaintain and operate the system in strict accordance with theagreement and order, and at the annual rates, tolls, or charges fixedby contract or by the order of the commission. The commission mayinvestigate the rates, tolls, and charges in the same manner and to thesame extent that it may investigate and revise the rates, tolls, andcharges for electric current supplied by a public utility underIC 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 installedunder the supervision of:
(1) the municipal civil engineer; or
(2) some other competent person;as determined by the municipal works board. If the personsupervising the work is not already under bond, he shall file a bondfor the faithful performance of his duties in the sum and the mannerdirected by the works board.
(b) At the completion of the work, the person supervising thework shall file with the municipality his verified report that the workhas 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 thelighting system all payments required to be made to the utility for itsservice, in strict accordance with the terms of the contract or orderunder which the utility is operating. The municipality shall make thepayments from its general fund or from a fund set aside for streetlighting purposes, and shall be reimbursed for payments made inbehalf of property owners by the collection of the assessments asprovided 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 isinstalled; and
(2) within fifty (50) feet of the nearest part of another streetintersecting that street;
are considered to be at a street intersection.
(b) A municipality shall install, maintain, and operate at eachstreet intersection lighting facilities that are at least equal to those inother 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 orfrom a fund set aside for street lighting purposes:
(1) the entire annual cost of lighting at street intersections undersection 8 of this chapter; and
(2) not less than thirty-five percent (35%) of the annual cost oflighting of the entire other part of the lighting system, with theexact percentage paid to be fixed by the municipal works board.
The municipal legislative body may, by ordinance, divide themunicipality for lighting purposes into business zones, residencezones, or other classes of zones. The percentage of annual cost of thelighting system to be paid by the municipality must be uniformthroughout each class of the zones. (b) The remaining annual cost of the lighting system shall beassessed against each lot or parcel of real property in the city blockor blocks in front of which the lighting system is located, in themanner 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 completedand is ready for operation, the municipal works board shall assess thereal property in the city block or blocks affected for the proportionatepart of the annual lighting cost and, in the case of a system ofornamental lighting, the installation costs, that the property ownersare required to pay annually. The works board shall assess each lotor 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 realproperty to be assessed, based upon:
(1) the cost of the lighting for the full period of one (1) year andfor that part of a year the system may be operated between thetime of its completion and the beginning of the next calendaryear; and
(2) in the case of a system of ornamental lighting, the costs ofinstalling the system.
The preparation and filing of the assessment roll and all proceedingsfor its adoption and confirmation, notices to property owners,certifying the roll to the county treasurer, and all other proceedingsin connection with the roll must be according to the statutesregarding public improvements in municipalities.
(c) The first assessment made against each lot or parcel of realproperty is a lien on that lot or parcel, from the time of the finalacceptance of the electrical system by the municipality. The liencovers the cost of lighting for the part of the calendar year followingacceptance of the system, the cost of lighting for the next fullcalendar year, and, in the case of a system of ornamental lighting, thecost of installing the system.
(d) After the first assessment is made, a lien attaches upon March1 of each year without further certification to the county treasurer,for the amount of the lighting cost for the succeeding calendar yearand in the same proportions per front foot as fixed by the originalassessment roll.
(e) Assessments made under this section shall be paid in the samemanner as taxes are paid, at the regular tax paying periods followingthe adoption of the assessment roll. An assessment not paid at thetime fixed by statute is subject to and may be collected according tothe statutes regarding delinquent taxes, and all property upon whichan assessment is a lien is subject to proceedings for the collection oftaxes.
(f) The lien of an assessment under this section has equal prioritywith 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 ororder entered into or made under section 5 of this chapter, themunicipal 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 thepreceding sections of this chapter.
(b) If a contract or order made under this section provides that anelectrical system is to be operated by a utility other than the formerutility and owner of the system, the new utility shall pay in cash tothe former utility the full value at that time of the system, asdetermined by the utility regulatory commission. After payment, theformer utility shall transfer title in the system to the new utility,which is then fully vested with ownership of the system. The newutility shall maintain and serve the system in accordance with thischapter.
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 inaccordance with this chapter, and an owner of property within anycity block or blocks included in the system wants lighting facilitiesin front of or near his property that:
(1) are additional to those described in the plans andspecifications on file; and
(2) consist of either lighting posts or lamps of greatercandlepower, or both;
the property owner may file his petition with the municipal worksboard. The petition must fully describe the additional lightingfacilities that are wanted.
(b) The works board shall grant the petition and refer it to theperson 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 approvedby the works board and by the property owner, the works board shallnotify the utility operating the lighting system. The utility shallimmediately proceed to erect, install, construct, and connect theadditional lighting at its own expense. The utility shall then operateand maintain the additional lighting facilities as a part of the originalsystem in return for additional compensation that is: (1) agreed upon by all the interested parties and approved by theutility regulatory commission; or
(2) fixed by the commission.
(d) The property owner who petitioned for the additional lightingfacilities shall pay to the municipality the additional annual cost ofthose facilities. The additional annual cost, which shall be added tothe original amount assessable against the petitioner's property, is alien 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 withthis 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 theservice file with the municipal works board their petitionrequesting that the lighting service be maintained on that sideof the street in the block or blocks each night for a designatednumber of hours in addition to the number of hours of serviceprescribed by the current contract, arrangement, or plans andspecifications;
the works board shall grant the petition. The cost of the additionallighting shall be charged to and assessed against all of the lots orparcels of real property on the side of the street and on the city blockor blocks on which additional lighting service is maintained.
(b) All proceedings for the establishment of additional service, thepayments to the utility for additional service, and the making andcollection of assessments and liens for additional service aregoverned by this chapter in the same manner as other proceedings,payments, assessments and liens.
As added by Acts 1981, P.L.309, SEC.82.