§ 58-32. Same—Powers.

(a)

In accordance with the provisions of IC 8-1.5-3-4 and 8-1.5-3-5, the utility service board shall have general supervisory power over all of the utilities under its control with responsibility for the detailed supervision of each utility to be vested in the utility superintendent who shall be responsible to the board for the business and technical operation of the utility as set out herein and in IC 8-1.5-3-5. The board shall:

(1)

Fix the number and compensation of employees;

(2)

Adopt rules governing the appointment of employees including making proper classifications and rules to determine the eligibility of applicants, determine by competitive examination the relative fitness of applicants for positions, establish eligible lists arranged according to the ratings secured, provide for the appointment of those having the highest ratings and provide for the promotion of employees;

(3)

Subject to the provisions of IC 36-4-9-2, appoint a superintendent or manager of each utility under its control who is responsible to the board for the business and technical operation of the utility; the board shall make the appointment on the basis of fitness to manage the particular utility to which he is to be assigned, taking into account his executive ability and his knowledge of the utility industry;

(4)

Subject to IC 36-4-9-12, hire attorneys when required for the operation of the utility;

(5)

Hire professional or expert personnel when required for the operation of the utility;

(6)

Submit a budget of its financial needs for the next year in the detail required by the common council;

(7)

Recommend to the common council reasonable and just rates and charges for services to the patrons of each utility;

(8)

Appropriate, lease, rent, purchase, and hold all real and personal property of the utility;

(9)

Enter upon lands for the purpose of surveying or examining land to determine the location of any plant or appurtenances;

(10)

Award contracts for purchase of capital equipment, the construction of capital improvements or other property or purposes that are necessary for the full and efficient construction, management and operation of each utility;

(11)

Adopt rules for the safe, economical and efficient management and efficient management and protection of each utility;

(12)

Deposit, at least weekly with the municipal fiscal officer, all monies collected from each utility to be kept in a separate fund subject to the order of the board; and

(13)

Make monthly reports to the fiscal officer of the receipts and disbursements of money belonging to each utility and an annual report of the condition of the utility.

(b)

The board may purchase by contract electricity, water, gas, power or any other commodity or service for the purpose of furnishing the commodity or service to the patrons of the city-owned utility or to the city itself.

(c)

If the board wants to purchase the commodity or service from a public utility and the parties cannot agree on a rate or charge to be paid for it, either party may apply to the commission or other appropriate state or federal regulatory agents to establish a fair and reasonable rate or charge to be paid for the commodity or service.

(d)

The board may discontinue water service by a waterworks to a water consumer or any property upon failure by the water consumer or the property owner to pay charges legally due for sewer or sewage disposal plant services. However, the water service may not be discontinued for nonpayment of sewer or sewage disposal plant service charges until the charges have been due and unpaid for at least 30 days.

(e)

Before water service is discontinued under subsection (d) of this section, the board must give written notice to the water consumer or property owner of its intention to discontinue water service if the unpaid sewer or sewage disposal plant service charges are not paid before a date specified in the notice. The notice must be mailed not less than ten days before the water service is to be discontinued and addressed to the water consumer or the property owner at his or her last known address.

(Code 1974, § 1-60(j); Ord. No. 2008-54, § 1, 12-16-2008)