§ 36-7-15.6-11 — Establishment of a district; notice; hearing; remonstrances

Indiana § 36-7-15.6-11

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 15.6: Flood Control Improvement Districts

Text

(a) A commission shall review a
recommendation submitted by the board of public works under section
9(e) of this chapter to establish a district within the boundaries of the
unit.
(b) If the commission finds that the construction, replacement,
repair, maintenance, or improvement of flood control works located
within its jurisdiction is necessary for the general welfare, safety, and
security of an area and its inhabitants, the commission may adopt a
resolution described in subsection (c).
(c) Subject to the approval of the legislative body of the unit that
established the commission, the commission may adopt a resolution
designating one (1) or more flood control improvement districts as an
allocation area for purposes of the allocation and distribution of
property taxes.
(d) After adoption of the resolution under subsection (c), the
commission shall:
(1) publish notice of the adoption and substance of the resolution
in accordance with IC 5-3-1; and
(2) file the following information with each taxing unit that has
authority to levy property taxes in the geographic area where the
flood control improvement district is located:
(A) A copy of the notice required by subdivision (1).
(B) A statement disclosing the following:
(i) The necessity for providing flood protection for the
district, based on the history of floods that have affected the
district or can reasonably be anticipated to affect the district.
(ii) The general character of the flood control works that the
commission considers necessary to afford proper protection,
and the general location and route of the dikes, levees,
retaining walls, and other structures that the commission
considers necessary as part of those works.
(iii) The estimated economic benefits and costs incurred by
the flood control improvement district, as measured by
anticipated growth of real property assessed values.
(iv) The anticipated impact on tax revenues of each taxing
unit.
The notice must state the general boundaries of the flood control
improvement district and must state that written remonstrances may be
filed with the commission until the time designated for the hearing. The
notice must also name the place, date, and time when the commission
will receive and hear remonstrances and objections from persons
interested in or affected by the proceedings pertaining to the proposed
allocation area and will determine the public utility and benefit of the
proposed allocation area. The commission shall file the information
required by subdivision (2) with the officers of the taxing unit who are
authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5
at least ten (10) days before the date of the public hearing. All persons
affected in any manner by the hearing, including all taxpayers within
the taxing district of the commission, shall be considered notified of the
pendency of the hearing and of subsequent acts, hearings,
adjournments, and orders of the commission affecting the allocation
area if the commission gives the notice required by this section.
(e) At the hearing, which may be recessed and reconvened
periodically, the commission shall hear all persons interested in the
proceedings and shall consider all written remonstrances and
objections that have been filed. After considering the evidence
presented, the commission shall take final action determining the
public utility and benefit of the proposed allocation area confirming,
modifying and confirming, or rescinding the resolution. The final
action taken by the commission shall be recorded and is final and
conclusive, except that an appeal may be taken in the manner
prescribed by section 12 of this chapter.

Legislative History

As added by P.L.61-2018, SEC.1.