Sec. 11. (a) Before making firm financial commitments under section 10 of this chapter with a federal agency, the board must file a petition for approval of the proposed action in the court. The petition must state:
(1) the purpose;
(2) the amount; and
(3) the terms;
of the proposed loan.
(b) The court shall set a date for a hearing, giving priority to the hearing in determining the date. However, the court must allow at least twenty-one (21) days for interested persons to file exceptions. The court shall order notice for the hearing as the court considers necessary, but publication must at least be made in each county having land in the district in accordance with IC 5-3-1 as if the notice affected county business. The notice must state in summary form the contents of the petition.
(c) If at the hearing the court finds that:
(1) the loan as proposed in the petition is necessary for the accomplishment of the purpose of the district; and
(2) the terms and conditions are reasonable and probably are as beneficial to the district as would be obtainable in private, competitive financial markets;
the court shall approve the petition and authorize the board to make firm commitments for the loan.
(d) Upon approval by the court, the board may levy the special benefits taxes necessary for the repayment of the loan.
[Pre-1995 Recodification Citation: 13-3-3-68(b), (e) part.]
As added by P.L.1-1995, SEC.26.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 33. Conservancy Districts
Chapter 7. Payment of Expenses
14-33-7-0.1. Application of Certain Amendments to Chapter
14-33-7-1. Special Benefit Taxes
14-33-7-2. Water Supply, Treatment, and Distribution; Assessments; Tap-in Fees
14-33-7-3. Special Benefits Tax Rate
14-33-7-4. Property Exempt From Special Benefits Tax
14-33-7-6. Notice Costs and Court Costs
14-33-7-7. Costs of Establishing District; Loans and Advances
14-33-7-9. Amended District Plan; Expenses
14-33-7-10. Loans From Federal Agencies for Works of Improvement
14-33-7-11. Petition for Approval of Financial Commitments
14-33-7-12. District Plan to Include Federal Agency Agreements
14-33-7-13. Special Benefits Tax Levied Although District Plan Abandoned
14-33-7-15. County Auditor Issuing Warrants for Money