Notice of adoption of ordinance; hearing; requisites; final action;
appeal
Sec. 3. (a) The fiscal body shall publish notice of the adoption and
substance of the ordinance in accordance with IC 5-3-1 after:
(1) the adoption of the ordinance under section 2 of this
chapter; and
(2) the fiscal body receives preliminary certification from the
Indiana economic development corporation under section 2.5 of
this chapter that the proposed industrial development project
qualifies as a qualified industrial development project and that
there is a reasonable likelihood that a loan from the industrial
development fund will be approved under IC 5-28-9-12.
The notice must state the general boundaries of the area designated
as an economic development district and must state that written
remonstrances may be filed with the fiscal body until the time
designated for the hearing. The notice must also name the place,
date, and time when the fiscal body will receive and hear
remonstrances and objections from persons interested in or affected
by the proceedings pertaining to the proposed economic development
district designation and will determine the public utility and benefit
of the proposed economic development district designation. All
persons affected in any manner by the hearing, including all
taxpayers of the economic development district, shall be considered
notified of the pendency of the hearing and of subsequent acts,
hearings, adjournments, and orders of the fiscal body affecting the
economic development district if the fiscal body gives the notice
required by this section.
(b) A copy of the notice of the hearing shall be filed with the
office of the unit's plan commission, board of zoning appeals, works
board, park board, building commissioner, and any other
departments, bodies, or officers of the unit having to do with unit
planning, variances from zoning ordinances, land use, or the issuance
of building permits.
(c) At the hearing, which may be recessed and reconvened from
time to time, the fiscal body 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 fiscal body shall take final action determining the
public utility and benefit of the proposed economic development
district designation and confirming, modifying and confirming, or
rescinding the ordinance. The final action taken by the fiscal body
shall be recorded and is final and conclusive, except that an appeal
may be taken in the manner prescribed by section 4 of this chapter.
As added by P.L.19-1985, SEC.5. Amended by P.L.24-1987, SEC.15;
P.L.4-2005, SEC.45.
Last modified: May 28, 2006