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(A) The Board may investigate and make the following findings:
(1) The stormwater system is insufficient to furnish the necessary collection and disposal of stormwater to properly protect the public health and welfare and safeguard the property within the district; and
(2) It is necessary to acquire, construct, rebuild, repair, extend, and improve the stormwater system and equipment; to acquire lands; or to construct, erect, or acquire other systems and other structures and equipment appurtenant to them;
(B) Upon making findings set forth in division (A) of this section, 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.
(C) Upon completion of the aforesaid requirements, the Board shall then adopt a resolution approving the project by:
(1) Declaring that the project is necessary for the protection of the public health and welfare of the inhabitants and
residents of the stormwater district and for the safeguarding of the property within the district;
(2) Declaring that the project 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.
(D) In the event a resolution as described above is adopted, the Board shall publish a notice in accordance with IC 5-3-1, as amended from time to time, 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. In the event a landowner is a nonresident and the landowner’s place of residence is known, a notice shall be mailed to the nonresident owner. In the event 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.
(E) 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.
(F) All persons affected by the proceedings, including all taxpayers in the stormwater 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.
(G) 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 or agreement 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. 560, passed 9-1-92)
(A) At the time fixed for the hearing, or before the hearing, the following persons may file a written remonstrance with the Board:
(1) The owner of real property, rights-of-way, or other property to be appropriated under the resolution;
(2) A person injuriously affected by the appropriation.
(3) A person owning real or personal property within the stormwater district.
(B) At the time of the hearing, the Board shall:
(1) Hear all persons interested in the proceedings;
(2) Hear all the remonstrances that have been filed; and
(3) Take action to confirm, modify, or reject the resolution.
(C) Any person who has remonstrated in writing and is aggrieved by the decision of the Board may, within 30 days, take an appeal to the circuit or superior courts of the county in which the stormwater district is located.
(D) A remonstrator desiring to appeal the action of the Board shall, within 30 days after the final action of the Board, file in the office of the clerk of the circuit or superior courts, a copy of the order of the Board, and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against the remonstrator.
(E) A court may hear the appeal only if the issue is whether the Board acted arbitrarily or capriciously in adopting the resolution.
(F) The cause shall be tried by the court without a jury.
(G) All remonstrances upon which appeals are taken may be consolidated and heard as one claim for relief by the court.
(Ord. 560, passed 9-1-92)
(A) In the event the Board acquires a stormwater system and assumes the liability incurred by the seller to construct the stormwater system, the principal and interest on the liability so assumed shall be paid from the bond and interest redemption account in the same manner as bonds of the district would be paid, and the Board shall set aside sufficient revenues to comply with the requirements of the instrument creating the liability.
(B) The town, in acquiring a stormwater system, may not assume any liability for the payment of a secured debt or charge other than the obligation to apply the revenues in the manner prescribed in this subchapter. The Board may issue bonds in exchange for, or satisfaction of, the liability assumed in the acquisition of a stormwater system. The bonds so issued may not be issued thereof in exchange for, or
satisfaction of, the liability. Notwithstanding other provisions and terms of this subchapter, bonds issued in exchange for, or in satisfaction of, the liability need not be sold in accordance with IC 5-1-11, as amended from time to time. However, the interest rate on such bonds may not exceed the average yield on municipal revenue bonds of comparable credit rating and maturity as of the end of the week immediately preceding the issuance of the bonds.
(C) In the event the Board acquires a stormwater system and pays for it and for extensions and betterments authorized at the time of acquisition, it may provide for the combined costs in one issue of bonds. The Board shall issue and secure the bonds in the manner provided in this subchapter to provide funds for the original construction of a stormwater system.
(Ord. 560, passed 9-1-92)
(A) Whenever work on a stormwater system that is combined with a sanitary sewer system necessitates the repair or replacement of all or part of a sanitary sewer system, the entity that owns or maintains the sanitary sewer system shall assume a proportionate share of the cost of repairing or replacing the sanitary sewer system.
(B) The Board and the entity that owns or manages the sanitary sewer system shall negotiate the division of the costs described in division (A) above.
(C) In the event the parties cannot agree to a division of the costs, they shall petition the circuit or superior courts of the county where the majority of the systems are located to divide the costs. The court shall hold a hearing on the division of costs within 60 days after receiving the petition. The court shall publish notice of the hearing in accordance with IC 5-3-1, as amended from time to time. The decision of the court shall be binding on both parties.
(Ord. 560, passed 9-1-92)
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