(A) If, upon investigation, the Board finds that:
(1) The storm water system is insufficient to furnish the necessary collection and disposal of storm water to properly protect the public health and welfare and safeguard the property within the district; or
(2) It is necessary to acquire, construct, rebuild, repair, extend, and improve the storm water system and equipment, to acquire lands, or to construct, erect, or acquire other 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 property that may be injuriously affected, together with the estimated cost.
(B) The Board shall then adopt a resolution approving the project by:
(1) Declaring that it is necessary for the protection of the public health and welfare of the inhabitants of the storm water 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 I.C. 5-3-1 of the adoption of the resolution and of 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 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 the public utility and benefit of the project. Notice shall be mailed to the owners of all property appropriated by the resolution. If a landowner is a nonresident and the landowner’s 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 the owner is considered notified of the pendency of the proceedings by the publication of notice.
(D) Separate descriptions of each piece or parcel of land are not required in the resolution and notice, 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 or more lots or parcels and whether it is owned by one or more persons.
(E) All persons affected by the proceedings, including all taxpayers in the storm water 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 property an option for its purchase or may enter into a contract for its purchase after an appraisal by two qualified land appraisers. An option or contract is subject to the final action of the Board confirming, modifying, or rescinding the resolution.
(Ord. 529, passed 10-13-03)