§ 8-1.5-4-15 — Construction, extension, or improvement; procedure

Indiana § 8-1.5-4-15

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 4: Department of Waterworks in Certain Municipalities

Text

(a) If, upon investigation, the board finds:
(1) that the waterworks, plant, system, or equipment is insufficient
to furnish the necessary supply of water to properly protect the
public health and welfare and safeguard the property within the
waterworks district; or
(2) that it is necessary to rebuild, repair, extend, and improve the
waterworks, plant, systems, and equipment and to acquire lands,
construct, erect, or acquire other plants, reservoirs, systems, and
other structures and equipment appurtenant to them;
the board shall prepare maps, plans, specifications, and drawings with
full details and descriptions for the proposed work, together with an
estimate of the cost. The board shall also prepare a description of all
property rights necessary to be acquired in connection with the
proposed work and the manner in which the rights are to be acquired,
whether by purchase or appropriation, along with a description of any
other lands that may be injuriously affected, together with the estimated
cost.
(b) The board shall then adopt a resolution:
(1) declaring that it is necessary for the protection of the public
health and welfare of the inhabitants of the waterworks district
and the safeguarding of the property within the district;
(2) declaring that it is of public utility and benefit;
(3) appropriating the property described in the resolution;
(4) stating the maximum proposed cost of any land to be
purchased; and
(5) adopting plans, maps, specifications, drawings, details,
descriptions, and estimates.
(c) If the resolution is adopted, the board shall publish a notice in
accordance with IC 5-3-1 of the adoption, the resolution, and the fact
that plans, specifications, and estimates have been prepared and can be
inspected. The notice must also name a date, not less than ten (10) days
after the date of the last publication, when the board will receive or
hear remonstrances from the persons interested in, or affected by, the
resolution, and when it will determine their public utility and benefit.
Notice shall be mailed to the owners of all lands appropriated by the
resolution. If a landowner is a nonresident and his place of residence
is known, a notice shall be mailed to the nonresident owner. If the
nonresident owner's residence is unknown to the board, then he is
considered notified of the pendency of the proceedings by the
publication of notice.
(d) In the resolution and notice, separate descriptions of each piece
or parcel of land are not required, but it is a sufficient description of the
property purchased or to be purchased, or to be appropriated or
damaged, to give a description of the entire tract, whether it is one (1)
or more lots or parcels and whether it is owned by one (1) or more
persons.
(e) All persons affected by the proceedings, including all taxpayers
in the waterworks district, are considered to be notified of the
proceedings and all subsequent acts, hearings, adjournments, and
orders of the board by the original publication of notice.
(f) The board may, before adoption of the resolution, obtain from the
owners of the land an option for its purchase or may enter into a
contract for its purchase after an appraisal by two (2) qualified land
surveyors. Such an option or contract is subject to the final action of the
board confirming, modifying, or rescinding the resolution.
As added by Acts 1982, P.L.74, SEC.1.