Ind. Code § 36-9-11-5 – Preparation and approval of plans; notice and hearing; appeals

(a) Before the municipal works board proceeds with the acquisition and construction of any parking facilities approved under section 4 of this chapter, it must cause to be prepared:
1. (1) plats and descriptions of the land proposed to be acquired or used;
2. (2) general plans or drawings for the proposed project; and
3. (3) a general estimate of the cost of acquisition, construction, and installation of the project.
(b) The works board shall then adopt a resolution:
1. (1) approving the plats, descriptions, plans or drawings, and estimate;
2. (2) declaring that upon investigation it has been found necessary for the proper protection of the public safety and welfare, and will be of public utility and benefit to the municipality and its citizens, to:
  1. (A) construct and maintain the parking facilities described in the resolution; and
  2. (B) acquire for that purpose the property described in the resolution, by purchase or by appropriation; and
3. (3) setting out the probable cost and the proposed method of financing the project.
  The resolution, plats, descriptions, plans or drawings, and estimate shall be kept open to inspection by all persons interested in or affected by the acquisition of the property proposed to be acquired or the construction or operation of the project.
(c) Notice of the adoption of the resolution and its purport, and of the fact that the plats, descriptions, plans or drawings, and estimate have been prepared and can be inspected, shall be published in accordance with IC 5-3-1 . The notice must name a date on which the board will hear all persons interested in or affected by the proceedings, consider any remonstrances or objections filed, and finally determine the public utility and benefit of the project to the municipality and its citizens. All persons affected in any manner by the proceedings are considered to be notified of the pendency of the proceedings and of subsequent acts, hearings, adjournments, and orders of the board by the publication of the notice.
(d) At the hearing, which may be adjourned from time to time, the works board shall:
1. (1) hear all persons interested in or affected by the proceedings;
2. (2) consider all remonstrances and objections filed; and
3. (3) take final action:
  1. (A) determining the public utility and benefit of the proposed project to the municipality and its citizens; and
  2. (B) confirming, modifying and confirming, or rescinding the declaratory resolution.
(e) Appeals from the determination of the works board may be taken only by persons who have filed written remonstrances or objections before the hearing date fixed in the notice.
[Pre-Local Government Recodification Citations: 19-5-11-5 part; 19-5-13-6 part.]
As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.45, SEC.43.