§ 8-9.5-7-3 — Establishment petition; notice; resolution

Indiana § 8-9.5-7-3

• Jurisdiction: Indiana
• Art. 9.5: TRANSPORTATION AGENCIES
• Ch. 7: Automated Transit Districts

Text

(a) An association, or if an association has not
been formed under section 2 of this chapter owners of twenty-five
percent (25%) of the parcels of real estate in any proposed automated
transit district, may file a petition with the board of public works or
board of transportation. A petition of an association shall be signed by
a majority of its directors. A petition shall be sufficient if it sets forth:
(1) the boundaries of the proposed automated transit district
which shall include all property which petitioners believe will be
specially benefited or damaged by the proposed automated transit
system;
(2) the location and a general description of the proposed
automated transit system;
(3) the estimated cost of the proposed automated transit system;
and
(4) as a part of the petition, or as an exhibit thereto, the names and
addresses of all owners within the boundaries of the proposed
district, as the same appear upon the tax duplicates in the records
of the auditor of the county.
(b) The board of public works or board of transportation, upon the
filing of such petition, shall fix a date for a hearing on the
establishment of the proposed district. The association or petitioners,
as the case may be, shall cause a notice to be mailed, at least
twenty-one (21) days prior to the date fixed for hearing, by United
States mail, first class postage prepaid, to all owners of real estate
within the proposed district. It shall be sufficient if the notices to the
owners are addressed as the names and addresses appear upon the tax
duplicates in the records of the county auditor. Also, the association or
petitioners shall cause a notice of the hearing and the date, place and
hour thereof, to be published in accordance with IC 5-3-1.
(c) The notice to be published and mailed shall also contain a
general description of the contents of the petition, specifically setting
forth the boundaries of the proposed district, and shall state that all of
the property in the proposed district will be assessed benefits or
damages under this chapter for the proposed automated transit system,
and that at the hearing all owners of real estate within the proposed
district, or their representatives, may be heard upon the question of the
establishment of the district. Proof of service shall be made by affidavit
of the person, or persons, causing such service to be made.
(d) On the date fixed for hearing the board of public works or board
of transportation shall hear all owners in the proposed district, who
appear and request to be heard, upon the question of the sufficiency of
the petition and notice, whether the proposed automated transit system
is of public utility and benefit, whether all of the probable benefits of
the proposed improvement will be equal to or exceed the estimated cost
thereof, and whether the district contains all, or more or less than all,
of the property specially benefited or damaged by the proposed system.
After the hearing, which may be adjourned from time to time without
further notice, the board of public works or board of transportation
shall adopt a resolution containing the following determinations:
(1) Whether the petition is sufficient.
(2) Whether the required notice was given.
(3) Whether the proposed automated transit system is of public
utility and benefit.
(4) Whether all of the probable benefits of the proposed system
will equal or exceed the estimated cost thereof.
(5) Whether the proposed automated transit district contains all,
or more, or less than all, of the property specially benefited or
damaged by the proposed system.
(e) If the board of public works or board of transportation resolves
affirmatively on the first four (4) questions and determines that the
proposed district contains all of the property specially benefited or
damaged, then it shall establish the district with the boundaries
described in such petition. If it resolves negatively on any of the first
four (4) questions, it may allow amendments, the issuance of additional
notice, and hold such further proceedings as it deems proper, or the
petition may be dismissed without prejudice to the right to file a new
petition.
(f) In the event the board of public works or board of transportation
determines that property not specially benefited or damaged has been
included within boundaries described in the petition, then it shall
redefine the boundaries of the district and in its resolution include only
that property within the petition which is specially benefited or
damaged and shall establish the district with the boundaries as
redefined.
(g) In the event the board of public works or board of transportation
determines that either:
(1) all of the property specially benefited or damaged has not been
included within the boundaries described in the petition; or
(2) all of the property specially benefited or damaged has not been
included within the boundaries described in the petition and some
property has been included which is not specially benefited or
damaged;
then in either event it shall fix a date for a further hearing. Notice shall
be given of the further hearing, describing the proposed revised
boundaries as provided in this section, except that notice by mail shall
be given only to the owners in any area proposed to be added to the
district which was not included in the initial petition. At such further
hearing all owners of real estate or their representatives within the
proposed district boundaries, as revised shall be entitled to be heard,
and the board of public works or board of transportation shall then
adopt its resolution on establishment of the automated transit district.
(h) Any resolution entered establishing an automated transit district
shall also recite that all property within the district will be subject to
assessment of special benefits and damages in the manner provided in
this chapter.
(i) The resolution shall be deemed notice to all owners who have
appeared, or who have been notified of the proceedings, as provided in
this section, that their property will be subject to an assessment of
special benefits and damages as provided in this chapter and that no
further notice of such assessments, or of the hearing thereon, shall be
required except the notice by publication provided for in this chapter.
(j) The resolution of the board of public works or board of
transportation that establishes the automated transit district must be
approved by the legislative body of the city. Thereafter, the resolution
shall be final and conclusive and no attack may be made challenging
the resolution on the establishment of the automated transit district, the
validity of the petition, the sufficiency of notice, the existence of the
automated transit district, the public utility and benefit of the proposed
automated transit system, that the benefits equal or exceed the
estimated cost, the boundaries of the district, or any other matters
before the board of public works or board of transportation, unless an
appeal is taken as provided in this section.
(k) A copy of the resolution establishing an automated transit
district, certified by the clerk, shall be recorded in the miscellaneous
records in the office of the recorder of the county in which the city is
located.
(l) Any party aggrieved by a resolution made under the provisions
of this section may appeal. Such appeal shall be taken as provided in
IC 34-13-6. However, in the event that fifty-one percent (51%) of the
owners of property located in such automated transit district
remonstrate by petition to the board of public works or board of
transportation, signatures on such petition shall be verified by the
auditor of such county, and if found to be valid shall cause further
actions on the establishment of an automated transit district to cease.
As added by Acts 1982, P.L.77, SEC.1. Amended by
P.L.1-1998, SEC.88.