Indiana § 36-9-9-3 - Petitions for construction of street lights; declaratory resolutions; notice and hearing

§ 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.

[Pre-Local Government Recodification Citations: 19-5-24-1 part; 19-5-24-2.]

As added by Acts 1981, P.L.309, SEC.82. Amended by Acts 1981, P.L.45, SEC.41.