§ 36-9-38-15 — Conduct of hearing; resolution

Indiana § 36-9-38-15

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 38: Barrett Law Funding for Municipal Improvement

Text

(a) At the hearing fixed under section 13 of
this chapter, the municipal works board shall hear all owners of real
property in the proposed improvement district who appear and request
to be heard upon the following questions:
(1) The sufficiency of the petition and notice.
(2) Whether the proposed improvement is of public utility and
benefit.
(3) Whether all of the probable benefits of the proposed
improvement, including the benefits to the municipality generally,
will equal or exceed the estimated cost of the improvement.
(4) Whether the improvement district contains all, more than all,
or less than all of the property specially benefited or damaged by
the proposed improvement.
(b) The hearing under subsection (a) may be adjourned periodically
without further notice. After the completion of the hearing, the works
board shall adopt a resolution determining whether the following
conditions have been met:
(1) The petition is sufficient.
(2) The required notice was given.
(3) The proposed improvements are of public utility and benefit.
(4) All of the probable benefits of the proposed improvement will
equal or exceed the estimated cost of the proposed improvement.
(5) The proposed improvement district contains all, more than all,
or less than all of the property specially benefited or damaged by
the proposed improvement.
(c) The works board shall establish the improvement district with
the boundaries described in the petition if the works board does the
following:
(1) Answers the questions in subsection (b)(1) through (b)(4)
affirmatively.
(2) Determines that the proposed improvement district contains
all of the property specially benefited or damaged.
(d) If the works board answers any of the first four (4) questions
negatively, the works board may:
(1) allow amendments and the issuance of additional notice and
may hold further proceedings; or
(2) dismiss the petition without prejudice to the right to file a new
petition.

Legislative History

As added by P.L.98-1993, SEC.9.