Section 36-7-15.6-11 - Establishment of a district; notice; hearing; remonstrances(a) A commission shall review a recommendation submitted by the board of public works under section 9(e) of this chapter to establish a district within the boundaries of the unit.(b) If the commission finds that the construction, replacement, repair, maintenance, or improvement of flood control works located within its jurisdiction is necessary for the general welfare, safety, and security of an area and its inhabitants, the commission may adopt a resolution described in subsection (c).(c) Subject to the approval of the legislative body of the unit that established the commission, the commission may adopt a resolution designating one (1) or more flood control improvement districts as an allocation area for purposes of the allocation and distribution of property taxes.(d) After adoption of the resolution under subsection (c), the commission shall: (1) publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1; and(2) file the following information with each taxing unit that has authority to levy property taxes in the geographic area where the flood control improvement district is located: (A) A copy of the notice required by subdivision (1).(B) A statement disclosing the following:(i) The necessity for providing flood protection for the district, based on the history of floods that have affected the district or can reasonably be anticipated to affect the district.(ii) The general character of the flood control works that the commission considers necessary to afford proper protection, and the general location and route of the dikes, levees, retaining walls, and other structures that the commission considers necessary as part of those works.(iii) The estimated economic benefits and costs incurred by the flood control improvement district, as measured by anticipated growth of real property assessed values.(iv) The anticipated impact on tax revenues of each taxing unit. The notice must state the general boundaries of the flood control improvement district and must state that written remonstrances may be filed with the commission until the time designated for the hearing. The notice must also name the place, date, and time when the commission will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed allocation area and will determine the public utility and benefit of the proposed allocation area. The commission shall file the information required by subdivision (2) with the officers of the taxing unit who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10) days before the date of the public hearing. All persons affected in any manner by the hearing, including all taxpayers within the taxing district of the commission, shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and orders of the commission affecting the allocation area if the commission gives the notice required by this section.
(e) At the hearing, which may be recessed and reconvened periodically, the commission shall hear all persons interested in the proceedings and shall consider all written remonstrances and objections that have been filed. After considering the evidence presented, the commission shall take final action determining the public utility and benefit of the proposed allocation area confirming, modifying and confirming, or rescinding the resolution. The final action taken by the commission shall be recorded and is final and conclusive, except that an appeal may be taken in the manner prescribed by section 12 of this chapter.Added by P.L. 61-2018,SEC. 1, eff. 5/1/2018.