(a)Each appraiser appointed as provided by
section 4 of this chapter must:
(1)by education and experience, have such expert and technical
knowledge and qualifications as to make a proper appraisal and
valuation of the property of the type and nature involved in the
sale;
(2)be a disinterested person; and
(3)not be a resident or taxpayer of the municipality.
(b)The appraisers shall:
(1)be sworn to make a just and true valuation of the property; and
(2)return their appraisal, in writing, to the:
(A)municipal legislative body; or
(B)municipal executive;
that appointed them within the time fixed in the writing
appointing them under section 4 of this chapter.
(c)If all three (3) appraisers cannot agree as to the appraised value,
the appraisal, when signed by two (2) of the appraisers,
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(a) Each appraiser appointed as provided by
section 4 of this chapter must:
(1) by education and experience, have such expert and technical
knowledge and qualifications as to make a proper appraisal and
valuation of the property of the type and nature involved in the
sale;
(2) be a disinterested person; and
(3) not be a resident or taxpayer of the municipality.
(b) The appraisers shall:
(1) be sworn to make a just and true valuation of the property; and
(2) return their appraisal, in writing, to the:
(A) municipal legislative body; or
(B) municipal executive;
that appointed them within the time fixed in the writing
appointing them under section 4 of this chapter.
(c) If all three (3) appraisers cannot agree as to the appraised value,
the appraisal, when signed by two (2) of the appraisers, constitutes a
good and valid appraisal.
(d) If, after the return of the appraisal by the appraisers, the
legislative body and the municipal executive decide to proceed with the
sale or disposition of the nonsurplus municipally owned utility
property, the legislative body shall, not earlier than the thirty (30) day
period described in subsection (e) and not later than one hundred
eighty (180) days after the return of the appraisal, hold a public hearing
to do the following:
(1) Review and explain the appraisal.
(2) Receive public comment on the proposed sale or disposition
of the nonsurplus municipally owned utility property.
Not less than thirty (30) days or more than sixty (60) days after the date
of a hearing under this section, the legislative body may adopt an
ordinance providing for the sale or disposition of the nonsurplus
municipally owned utility property, subject to subsections (f) and (g)
and, in the case of an ordinance adopted under this subsection after
March 28, 2016, subject to section 6.1 of this chapter. The legislative
body is not required to adopt an ordinance providing for the sale or
disposition of the nonsurplus municipally owned utility property if,
after the hearing, the legislative body determines it is not in the interest
of the municipality to proceed with the sale or disposition. Notice of a
hearing under this section shall be published in the manner prescribed
by IC 5-3-1.
(e) The hearing on the proposed sale or disposition of the
nonsurplus municipally owned utility property may not be held less
than thirty (30) days after notice of the hearing is given as required by
subsection (d).
(f) Subject to subsection (j), an ordinance adopted under subsection
(d) does not take effect until the latest of the following:
(1) The expiration of the thirty (30) day period described in
subsection (g), if the question as to whether the sale or disposition
should be made is not submitted to the voters of the municipality
under subsection (g).
(2) If:
(A) the question as to whether the sale or disposition shall be
made is submitted to the voters of the municipality under
subsection (g); and
(B) a majority of the voters voting on the question vote for the
sale or disposition;
at such time that the vote is determined to be final.
(3) The effective date specified by the legislative body in the
ordinance.
(g) Subject to subsection (m) and to section 6.1 of this chapter in the
case of an ordinance adopted under subsection (d) after March 28,
2016, if:
(1) the legislative body adopts an ordinance under subsection (d);
and
(2) not later than thirty (30) days after the date the ordinance is
adopted at least the number of the registered voters of the
municipality set forth in subsection (h) sign and present a petition
to the legislative body opposing the sale or disposition;
the legislative body shall submit the question as to whether the sale or
disposition shall be made to the voters of the municipality at a special
or general election. In submitting the public question to the voters, the
legislative body shall certify within the time set forth in IC 3-10-9-3, if
applicable, the question to the county election board of the county
containing the greatest percentage of population of the municipality.
The county election board shall adopt a resolution setting forth the text
of the public question and shall submit the question as to whether the
sale or disposition shall be made to the voters of the municipality at a
special or general election on a date specified by the municipal
legislative body. Pending the results of an election under this
subsection, the municipality may not take further action to sell or
dispose of the property as provided in the ordinance.
(h) Subject to subsection (m) and to section 6.1 of this chapter in the
case of an ordinance adopted under subsection (d) after March 28,
2016, the number of signatures required on a petition opposing the sale
or disposition under subsection (g) is as follows:
(1) In a municipality with not more than one thousand (1,000)
registered voters, thirty percent (30%) of the registered voters.
(2) In a municipality with at least one thousand one (1,001)
registered voters and not more than five thousand (5,000)
registered voters, fifteen percent (15%) of the registered voters.
(3) In a municipality with at least five thousand one (5,001)
registered voters and not more than twenty-five thousand (25,000)
registered voters, ten percent (10%) of the registered voters.
(4) In a municipality with at least twenty-five thousand one
(25,001) registered voters, five percent (5%) of the registered
voters.
(i) If a majority of the voters voting on the question vote for the sale
or disposition, the legislative body shall proceed to sell or dispose of
the property as provided in the ordinance, subject to subsection (m) and
to section 6.1 of this chapter in the case of an ordinance adopted under
subsection (d) after March 28, 2016.
(j) If a majority of the voters voting on the question vote against the
sale or disposition, the ordinance adopted under subsection (d) does not
take effect and the sale or disposition may not be made, subject to
subsection (m) and to section 6.1 of this chapter in the case of an
ordinance adopted under subsection (d) after March 28, 2016.
(k) If:
(1) the legislative body adopts an ordinance under subsection (d);
and
(2) after the expiration of the thirty (30) day period described in
subsection (g), a petition is not filed;
the municipal legislative body may proceed to sell the property as
provided in the ordinance, subject to subsection (m) and to section 6.1
of this chapter in the case of an ordinance adopted under subsection (d)
after March 28, 2016.
(l) Notwithstanding the procedures set forth in this section, if:
(1) before July 1, 2015, a municipality adopts an ordinance under
this section for the sale or disposition of nonsurplus municipally
owned utility property in accordance with the procedures set forth
in this section before its amendment on July 1, 2015; and
(2) the ordinance adopted takes effect before July 1, 2015, in
accordance with the procedures set forth in this section before its
amendment on July 1, 2015;
the ordinance is not subject to challenge under subsection (g) after June
30, 2015, regardless of whether the thirty (30) day period described in
subsection (g) expires after June 30, 2015. An ordinance described in
this subsection is effective for all purposes and is legalized and
validated.
(m) Subsections (g) through (k) do not apply to an ordinance
adopted under subsection (d) after March 28, 2016, if the commission
determines, in reviewing the proposed sale or disposition under section
6.1(h) of this chapter, that the factors set forth in IC 8-1-30.3-5(d) are
satisfied as applied to the proposed sale or disposition.
As added by Acts 1982, P.L.74, SEC.1. Amended by
P.L.12-1995, SEC.99; P.L.3-1997, SEC.425; P.L.2-1998, SEC.34;
P.L.103-2008, SEC.3; P.L.68-2015, SEC.3; P.L.149-2016, SEC.37;
P.L.98-2016, SEC.8; P.L.229-2019, SEC.8.