§ 8-1.5-5-32 — Withdrawal from district by excluded municipality; notice; outstanding bonds; payments to municipality

Indiana § 8-1.5-5-32

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 5: Department of Storm Water Management

Text

(a) This section applies to excluded cities and
towns in a county containing a consolidated city.
(b) A municipality to which this section applies may withdraw from
the district established by the consolidated city if the municipal
legislative body adopts an ordinance withdrawing the municipality
from the district. The municipal legislative body shall, at least thirty
(30) days before the final vote on the ordinance, mail written notice of
the meeting to the following:
(1) All owners of lots and parcels within the municipality that are
subject to storm water user fees imposed in the district by the
department of public works of the consolidated city.
(2) The department of public works of the consolidated city.
(c) An ordinance described in subsection (b) takes effect sixty (60)
days after adoption by the municipal legislative body.
(d) In addition to the notice required by subsection (b), if a
municipal legislative body adopts an ordinance under subsection (b),
the municipal legislative body shall mail written notice of the
withdrawal from the district to the department of public works of the
consolidated city not more than thirty (30) days after the ordinance
becomes effective.
(e) If on the date of a municipality's withdrawal from the district
there are bonds outstanding that have been issued by the board of
public works of the consolidated city, the municipality is liable for and
shall pay that indebtedness in the same ratio as the assessed valuation
of the property in the municipality bears to the assessed valuation of all
property included in the district on the date one (1) day before the date
of withdrawal, as shown in the most recent assessment for taxation
before the date of withdrawal.
(f) If a municipal legislative body adopts an ordinance under
subsection (b), the municipality is entitled to receive the following:
(1) An annual lump sum payment equal to the total amount of
property taxes paid and allocated to the district's flood debt
service fund from all property taxpayers within the municipality,
to the extent the property taxes are not necessary to pay the
indebtedness owed by the municipality under subsection (e). A
payment under this subdivision is required for property taxes
assessed beginning on the January 1 preceding the effective date
of the municipality's withdrawal from the district.
(2) The total amount of storm water user fees collected by the
department of public works of the consolidated city from the lots
and parcels in the municipality beginning on the January 1
preceding the effective date of the municipality's withdrawal from
the district.
(g) Payments received under subsection (f):
(1) shall be deposited by the municipality in a dedicated fund; and
(2) may be used by the municipality only for purposes of storm
water management in the municipality and may not be diverted,
directly or indirectly, in any manner to any use other than the
purposes of storm water management in the municipality.

Legislative History

As added by P.L.52-2006, SEC.1 and P.L.175-2006, SEC.1. Amended by P.L.154-2006, SEC.65.