§ 6-1.1-39-3 — Notice of adoption of ordinance; hearing; requisites; final action; appeal

Indiana § 6-1.1-39-3

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 39: Economic Development Districts

Text

(a) The fiscal body shall publish notice of the
adoption and substance of the ordinance in accordance with IC 5-3-1
after:
(1) the adoption of the ordinance under section 2 of this chapter;
and
(2) the fiscal body receives preliminary certification from the
Indiana economic development corporation under section 2.5 of
this chapter that the proposed industrial development project
qualifies as a qualified industrial development project and that
there is a reasonable likelihood that a loan from the industrial
development fund will be approved under IC 5-28-9-12.
The notice must state the general boundaries of the area designated as
an economic development district and must state that written
remonstrances may be filed with the fiscal body until the time
designated for the hearing. The notice must also name the place, date,
and time when the fiscal body will receive and hear remonstrances and
objections from persons interested in or affected by the proceedings
pertaining to the proposed economic development district designation
and will determine the public utility and benefit of the proposed
economic development district designation. All persons affected in any
manner by the hearing, including all taxpayers of the economic
development district, shall be considered notified of the pendency of
the hearing and of subsequent acts, hearings, adjournments, and orders
of the fiscal body affecting the economic development district if the
fiscal body gives the notice required by this section.
(b) A copy of the notice of the hearing shall be filed with the office
of the unit's plan commission, board of zoning appeals, works board,
park board, building commissioner, and any other departments, bodies,
or officers of the unit having to do with unit planning, variances from
zoning ordinances, land use, or the issuance of building permits.
(c) At the hearing, which may be recessed and reconvened from
time to time, the fiscal body 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 fiscal body shall take final action determining the public
utility and benefit of the proposed economic development district
designation and confirming, modifying and confirming, or rescinding
the ordinance. The final action taken by the fiscal body shall be
recorded and is final and conclusive, except that an appeal may be
taken in the manner prescribed by section 4 of this chapter.
(d) If the fiscal body confirms, or modifies and confirms, the
ordinance, the fiscal body shall file a copy of the ordinance with both
the auditor of the county in which the unit is located and the
department, together with any supporting documents that are relevant
to the computation of assessed values in the allocation area, within
thirty (30) days after the date on which the fiscal body takes final action
on the ordinance.

Legislative History

As added by P.L.19-1985, SEC.5. Amended by P.L.24-1987, SEC.15; P.L.4-2005, SEC.45; P.L.214-2019, SEC.21; P.L.257-2019, SEC.67.