Indiana § 36-9-29-3 Declaratory resolution; adoption; contents

Indiana Statutes

§ 36-9-29-3 — Declaratory resolution; adoption; contents

Indiana § 36-9-29-3

Title 36LOCAL GOVERNMENT

Art. 9TRANSPORTATION AND PUBLIC WORKS

Ch. 29Flood Control Districts in Certain Cities

This text of Indiana § 36-9-29-3 (Declaratory resolution; adoption; contents) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-9-29-3 (2026).

Text

(a)Whenever a city works board determines that:

(1)it is necessary for the general welfare, safety, and security of the city and its inhabitants to carry out any project for the protection of the city and its inhabitants from floods;

(2)the project cannot be carried out in the best or most economical manner without beneficially or injuriously affecting land or other property located outside the corporate boundaries of the city; and

(3)the required flood control works can best be provided for and maintained by the establishment of a special taxing district for that purpose; it may adopt the declaratory resolution described in subsection (b).

(b)The declaratory resolution must include the following items:

(1)The necessity for providing flood protection for all or part of the city and f

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(a) Whenever a city works board determines
that:
(1) it is necessary for the general welfare, safety, and security of
the city and its inhabitants to carry out any project for the
protection of the city and its inhabitants from floods;
(2) the project cannot be carried out in the best or most
economical manner without beneficially or injuriously affecting
land or other property located outside the corporate boundaries of
the city; and
(3) the required flood control works can best be provided for and
maintained by the establishment of a special taxing district for
that purpose;
it may adopt the declaratory resolution described in subsection (b).
(b) The declaratory resolution must include the following items:
(1) The necessity for providing flood protection for all or part of
the city and for all or part of the contiguous territory within four
(4) miles outside the corporate boundaries of the city, including
all or part of any town within the four (4) mile limit. The necessity
must be based upon floods that have occurred in the city and the
contiguous territory in the preceding ten (10) years.
(2) The general character of the flood control works that the
works board considers necessary to afford proper protection, and
the general location and route of the levees, dikes, retaining walls,
and other structures that the board considers necessary as part of
those works.
(3) A general description of the boundaries of the territory that
will be beneficially affected by the construction of the proposed
works.
(4) A general estimate of the cost of the property that must be
acquired for the construction of the proposed works, including the
estimated amounts of damages to property injuriously affected but
not acquired.
(5) A general estimate of the cost of construction and installation
of the proposed works, based on the available information.
[Pre-Local Government Recodification Citation: 19-4-18-1
part.]
As added by Acts 1981, P.L.309, SEC.105.