Imposition of taxes to pay debt service or lease rentals;
procedures; notice; petition
Sec. 3.1. A political subdivision may not impose property taxes to
pay debt service or lease rentals without completing the following
procedures:
(1) The proper officers of a political subdivision shall:
(A) publish notice in accordance with IC 5-3-1; and
(B) send notice by first class mail to any organization that
delivers to the officers, before January 1 of that year, an
annual written request for such notices;
of any meeting to consider adoption of a resolution or an
ordinance making a preliminary determination to issue bonds or
enter into a lease and shall conduct a public hearing on a
preliminary determination before adoption of the resolution or
ordinance.
(2) When the proper officers of a political subdivision make a
preliminary determination to issue bonds or enter into a lease,
the officers shall give notice of the preliminary determination
by:
(A) publication in accordance with IC 5-3-1; and
(B) first class mail to the organizations described in
subdivision (1)(B).
(3) A notice under subdivision (2) of the preliminary
determination of the political subdivision to issue bonds or
enter into a lease must include the following information:
(A) The maximum term of the bonds or lease.
(B) The maximum principal amount of the bonds or the
maximum lease rental for the lease.
(C) The estimated interest rates that will be paid and the
total interest costs associated with the bonds or lease.
(D) The purpose of the bonds or lease.
(E) A statement that any owners of real property within the
political subdivision who want to initiate a petition and
remonstrance process against the proposed debt service or
lease payments must file a petition that complies with
subdivisions (4) and (5) not later than thirty (30) days after
publication in accordance with IC 5-3-1.
(F) With respect to bonds issued or a lease entered into to
open:
(i) a new school facility; or
(ii) an existing facility that has not been used for at least
three (3) years and that is being reopened to provide
additional classroom space;
the estimated costs the school corporation expects to incur
annually to operate the facility.
(G) A statement of whether the school corporation expects
to appeal as described in IC 6-1.1-19-4.4(a)(4) for an
increased adjusted base levy to pay the estimated costs
described in clause (F).
(4) After notice is given, a petition requesting the application of
a petition and remonstrance process may be filed by the lesser
of:
(A) one hundred (100) owners of real property within the
political subdivision; or
(B) five percent (5%) of the owners of real property within
the political subdivision.
(5) The state board of accounts shall design and, upon request
by the county auditor, deliver to the county auditor or the
county auditor's designated printer the petition forms to be used
solely in the petition process described in this section. The
county auditor shall issue to an owner or owners of real
property within the political subdivision the number of petition
forms requested by the owner or owners. Each form must be
accompanied by instructions detailing the requirements that:
(A) the carrier and signers must be owners of real property;
(B) the carrier must be a signatory on at least one (1)
petition;
(C) after the signatures have been collected, the carrier must
swear or affirm before a notary public that the carrier
witnessed each signature; and
(D) govern the closing date for the petition period.
Persons requesting forms may not be required to identify
themselves and may be allowed to pick up additional copies to
distribute to other property owners.
(6) Each petition must be verified under oath by at least one (1)
qualified petitioner in a manner prescribed by the state board of
accounts before the petition is filed with the county auditor
under subdivision (7).
(7) Each petition must be filed with the county auditor not more
than thirty (30) days after publication under subdivision (2) of
the notice of the preliminary determination.
(8) The county auditor must file a certificate and each petition
with:
(A) the township trustee, if the political subdivision is a
township, who shall present the petition or petitions to the
township board; or
(B) the body that has the authority to authorize the issuance
of the bonds or the execution of a lease, if the political
subdivision is not a township;
within fifteen (15) business days of the filing of the petition
requesting a petition and remonstrance process. The certificate
must state the number of petitioners that are owners of real
property within the political subdivision.
If a sufficient petition requesting a petition and remonstrance process
is not filed by owners of real property as set forth in this section, the
political subdivision may issue bonds or enter into a lease by
following the provisions of law relating to the bonds to be issued or
lease to be entered into.
As added by P.L.25-1995, SEC.48. Amended by P.L.53-1996, SEC.2;
P.L.56-1997, SEC.1; P.L.178-2002, SEC.31; P.L.1-2004, SEC.30
and P.L.23-2004, SEC.33.
Last modified: May 28, 2006