1. (a) When:

   1. (1) plans and specifications have been prepared according to the public bidding requirements of IC 36-1-12 ; or

   2. (2) a resolution approving a request for proposals has been adopted by the board;

      the board may adopt a resolution declaring that, upon investigation, the board has found it necessary for the public health and welfare, and of public utility and benefit, to construct, modify, or acquire, and maintain if constructed the facility and to acquire the property described for that purpose.

2. (b) The resolution shall be kept open to inspection by all persons interested in or affected by the acquisition of the property or the construction of the facility.

3. (c) Upon adoption of the resolution, the board shall give public notice of the adoption and the resolution's purpose. The notice must name a date not later than ten (10) days after the date of the last publication of the notice on which the board will do the following:

   1. (1) Receive or hear remonstrances from persons interested in or affected by the facility.

   2. (2) Determine the public utility and benefit of the facility.

      [Pre-1996 Recodification Citation: 13-9.5-9-3(b).]

As added by P.L.1-1996, SEC.11.