§ 36-9-11-5 — Preparation and approval of plans; notice and hearing; appeals

Indiana § 36-9-11-5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 11: Municipal Parking Facilities

Text

(a) Before the municipal works board proceeds
with the acquisition and construction of any parking facilities approved
under section 4 of this chapter, it must cause to be prepared:
(1) plats and descriptions of the land proposed to be acquired or
used;
(2) general plans or drawings for the proposed project; and
(3) a general estimate of the cost of acquisition, construction, and
installation of the project.
(b) The works board shall then adopt a resolution:
(1) approving the plats, descriptions, plans or drawings, and
estimate;
(2) declaring that upon investigation it has been found necessary
for the proper protection of the public safety and welfare, and will
be of public utility and benefit to the municipality and its citizens,
to:
(A) construct and maintain the parking facilities described in the
resolution; and
(B) acquire for that purpose the property described in the
resolution, by purchase or by appropriation; and
(3) setting out the probable cost and the proposed method of
financing the project.
The resolution, plats, descriptions, plans or drawings, and estimate
shall be kept open to inspection by all persons interested in or affected
by the acquisition of the property proposed to be acquired or the
construction or operation of the project.
(c) Notice of the adoption of the resolution and its purport, and of
the fact that the plats, descriptions, plans or drawings, and estimate
have been prepared and can be inspected, shall be published in
accordance with IC 5-3-1. The notice must name a date on which the
board will hear all persons interested in or affected by the proceedings,
consider any remonstrances or objections filed, and finally determine
the public utility and benefit of the project to the municipality and its
citizens. All persons affected in any manner by the proceedings are
considered to be notified of the pendency of the proceedings and of
subsequent acts, hearings, adjournments, and orders of the board by the
publication of the notice.
(d) At the hearing, which may be adjourned from time to time, the
works board shall:
(1) hear all persons interested in or affected by the proceedings;
(2) consider all remonstrances and objections filed; and
(3) take final action:
(A) determining the public utility and benefit of the proposed
project to the municipality and its citizens; and
(B) confirming, modifying and confirming, or rescinding the
declaratory resolution.
(e) Appeals from the determination of the works board may be taken
only by persons who have filed written remonstrances or objections
before the hearing date fixed in the notice.
[Pre-Local Government Recodification Citations: 19-5-11-5
part; 19-5-13-6 part.]
As added by Acts 1981, P.L.309, SEC.84. Amended by Acts
1981, P.L.45, SEC.43.