Indiana Code 36-7-15.6-9. Board of public works; proposal to establish a district; requirements; public hearing
(b) A board of public works that proposes to establish a flood control improvement district shall do the following:
Terms Used In Indiana Code 36-7-15.6-9
- board of public works: refers to the board of public works of the consolidated city. See Indiana Code 36-7-15.6-3
- commission: refers to the metropolitan development commission acting as the redevelopment commission of the consolidated city under Indiana Code 36-7-15.6-4
- district: refers to a flood control improvement district established under this chapter. See Indiana Code 36-7-15.6-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- flood control works: includes the following:
Indiana Code 36-7-15.6-6
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- special flood hazard property: means property that on January 1, 2018, is situated in a special flood hazard area as designated by the Federal Emergency Management Agency in which the mandatory purchase of flood insurance may apply. See Indiana Code 36-7-15.6-8
(2) Identify the owner or owners of each parcel of special flood hazard property in the district.
(3) Create a proposed plan for flood control works within the district subject to the requirements of this chapter, including the location, designs, and all necessary specifications for the flood control works.
(c) The board of public works shall hold a public hearing on a proposal to establish a district under this section. The hearing shall be conducted in accordance with IC 5-14-1.5, and notice of the hearing shall be published in accordance with IC 5-3-1. In addition, the board of public works shall mail a copy of the notice to each owner of special flood hazard property within the proposed district. The notice must include the boundaries of the district, a description and location of the proposed flood control works within the district, and the date of the hearing.
(d) At the public hearing under subsection (c), the board of public works shall hear all owners of real property in the proposed district (who appear and request to be heard) upon the questions of:
(1) the identification of the owner’s property as special flood hazard property as defined under section 8 of this chapter;
(2) the boundaries of the district; and
(3) the utility and benefit of the proposed plan for the flood control works within the district.
The board of public works shall consider all evidence and objections presented at the hearing and may modify the boundaries of the district, or the proposed plan for flood control works within the district, subject to the requirements of this chapter.
(e) After conducting a public hearing under this section, the board of public works may submit a written recommendation to the commission to establish a district within the boundaries of the unit. A recommendation submitted to the commission under this subsection must include:
(1) the geographic boundaries of the district; and
(2) the proposed plan for the flood control works within the district.
(f) If the board of public works submits a written recommendation to the commission under subsection (e) to establish a district within the boundaries of the unit, then the board of public works shall notify each owner of special flood hazard property within the proposed district of its recommendation and include with the notification a statement of the manner in which each owner of special flood hazard property may participate in public hearings held by the commission as set forth under section 11 of this chapter regarding the designation of a district.
As added by P.L.61-2018, SEC.1.