§ 36-7-15.5-7 — Resolution establishing district; contents

Indiana § 36-7-15.5-7

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 15.5: Improvement and Maintenance District for Indiana

Text

A resolution establishing an improvement
and maintenance district must contain the following information:
(1) A description of the geographic area to be considered for
inclusion in the district. The geographic area consists of the part
of the Indiana Central Canal and nearby property that is located
between Washington Street on the south, Interstate Highway 65
on the north, Senate Avenue on the east, and West Street and Dr.
Martin Luther King Jr. Memorial Drive West Drive on the west.
(2) The general nature of the improvement and maintenance
project that would occur within or in support of the district and
the estimated annual cost of the project for the first five (5) years.
(3) Any limitation on the amount of the assessment that would be
levied in order to defray part or all of the costs of the
improvement and maintenance project. This limitation is not
required to be a fixed amount, but may vary according to a
schedule or in relation to a specified index that reflects the
increase or decrease in costs of materials, goods, and services.
(4) The estimated annual assessment levy needed to defray the
cost of part or all of the improvement and maintenance project for
the first five (5) years.
(5) The formula that would be used to accomplish the assessment
of special benefits and damages. This formula:
(A) must provide that a parcel within the improvement and
maintenance district that is not yet benefited by the
improvement and maintenance district because of the stage of
the development of the project will not be assigned a
percentage of the total benefit;
(B) must provide that real property used for public ways, public
sidewalks, religious purposes (before March 1, 1988), and
public parks, and the canal itself shall be excluded from
assessment;
(C) must provide that real property which is being used
exclusively for single-family or two-family residence, and has
been continuously used exclusively for that residential purpose
from March 1, 1988, shall be excluded from assessment; and
(D) may include the following components:
(i) Square footage of the parcel.
(ii) Square footage of any improvement on the parcel.
(iii) Length of the parcel adjoining the improvement and
maintenance project.
(iv) Land use of the parcel.
(v) Until 1991, the fact that the current use of the parcel is not
significantly benefited by the improvement and maintenance
project.
(vi) Proximity of the parcel to the improvement and
maintenance project.
(vii) Accessibility of the parcel to the improvement and
maintenance project.
(viii) True cash value of the parcel.
(ix) True cash value of any improvement on the parcel.
(x) Age of the improvement on the parcel.
(xi) Other similar factors.
(6) The fact that if the district is established, owners of real
property in the district will be subject to an assessment of special
benefits and damages to defray part or all of the costs of the
improvement and maintenance project.

Legislative History

As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.45.