IN Code § 8-1.5-2-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-5. Sale of Nonsurplus Property; Appraiser Qualifications; Public Hearing; Ordinance for Sale; Effective Date; Petitions Opposing Sale; Submission to Voters; Ordinances Adopted After March 28, 2016

Sec. 5. (a) Each appraiser appointed as provided by section 4 of this chapter must:(1) by education and experience, have such expert and technical knowledge and qualifications as to make a proper appraisal and valuation of the property of the type and nature involved in the sale;(2) be a disinterested person; and(3) not be a resident or taxpayer of the municipality.(b) The appraisers shall:(1) be sworn to make a just and true valuation of the property; and(2) return their appraisal, in writing, to the:(A) municipal legislative body; or(B) municipal executive;that appointed them within the time fixed in the writing appointing them under section 4 of this chapter.(c) If all three (3) appraisers cannot agree as to the appraised value, the appraisal, when signed by two (2) of the appraisers, constitutes a good and valid appraisal.(d) If, after the return of the appraisal by the appraisers, the legislative body and the municipal executive decide to proceed with the sale or disposition of the nonsurplus municipally owned utility property, the legislative body shall, not earlier than the thirty (30) day period described in subsection (e) and not later than one hundred eighty (180) days after the return of the appraisal, hold a public hearing to do the following:(1) Review and explain the appraisal.(2) Receive public comment on the proposed sale or disposition of the nonsurplus municipally owned utility property.Not less than thirty (30) days or more than sixty (60) days after the date of a hearing under this section, the legislative body may adopt an ordinance providing for the sale or disposition of the nonsurplus municipally owned utility property, subject to subsections (f) and (g) and, in the case of an ordinance adopted under this subsection after March 28, 2016, subject to section 6.1 of this chapter. The legislative body is not required to adopt an ordinance providing for the sale or disposition of the nonsurplus municipally owned utility property if, after the hearing, the legislative body determines it is not in the interest of the municipality to proceed with the sale or disposition. Notice of a hearing under this section shall be published in the manner prescribed by IC 5-3-1.(e) The hearing on the proposed sale or disposition of the nonsurplus municipally owned utility property may not be held less than thirty (30) days after notice of the hearing is given as required by subsection (d).(f) Subject to subsection (j), an ordinance adopted under subsection (d) does not take effect until the latest of the following:(1) The expiration of the thirty (30) day period described in subsection (g), if the question as to whether the sale or disposition should be made is not submitted to the voters of the municipality under subsection (g).(2) If:(A) the question as to whether the sale or disposition shall be made is submitted to the voters of the municipality under subsection (g); and(B) a majority of the voters voting on the question vote for the sale or disposition;at such time that the vote is determined to be final.(3) The effective date specified by the legislative body in the ordinance.(g) Subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016, if:(1) the legislative body adopts an ordinance under subsection (d); and(2) not later than thirty (30) days after the date the ordinance is adopted at least the number of the registered voters of the municipality set forth in subsection (h) sign and present a petition to the legislative body opposing the sale or disposition;the legislative body shall submit the question as to whether the sale or disposition shall be made to the voters of the municipality at a special or general election. In submitting the public question to the voters, the legislative body shall certify within the time set forth in IC 3-10-9-3, if applicable, the question to the county election board of the county containing the greatest percentage of population of the municipality. The county election board shall adopt a resolution setting forth the text of the public question and shall submit the question as to whether the sale or disposition shall be made to the voters of the municipality at a special or general election on a date specified by the municipal legislative body. Pending the results of an election under this subsection, the municipality may not take further action to sell or dispose of the property as provided in the ordinance.(h) Subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016, the number of signatures required on a petition opposing the sale or disposition under subsection (g) is as follows:(1) In a municipality with not more than one thousand (1,000) registered voters, thirty percent (30%) of the registered voters.(2) In a municipality with at least one thousand one (1,001) registered voters and not more than five thousand (5,000) registered voters, fifteen percent (15%) of the registered voters.(3) In a municipality with at least five thousand one (5,001) registered voters and not more than twenty-five thousand (25,000) registered voters, ten percent (10%) of the registered voters.(4) In a municipality with at least twenty-five thousand one (25,001) registered voters, five percent (5%) of the registered voters.(i) If a majority of the voters voting on the question vote for the sale or disposition, the legislative body shall proceed to sell or dispose of the property as provided in the ordinance, subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016.(j) If a majority of the voters voting on the question vote against the sale or disposition, the ordinance adopted under subsection (d) does not take effect and the sale or disposition may not be made, subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016.(k) If:(1) the legislative body adopts an ordinance under subsection (d); and(2) after the expiration of the thirty (30) day period described in subsection (g), a petition is not filed;the municipal legislative body may proceed to sell the property as provided in the ordinance, subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016.(l) Notwithstanding the procedures set forth in this section, if:(1) before July 1, 2015, a municipality adopts an ordinance under this section for the sale or disposition of nonsurplus municipally owned utility property in accordance with the procedures set forth in this section before its amendment on July 1, 2015; and(2) the ordinance adopted takes effect before July 1, 2015, in accordance with the procedures set forth in this section before its amendment on July 1, 2015;the ordinance is not subject to challenge under subsection (g) after June 30, 2015, regardless of whether the thirty (30) day period described in subsection (g) expires after June 30, 2015. An ordinance described in this subsection is effective for all purposes and is legalized and validated.(m) Subsections (g) through (k) do not apply to an ordinance adopted under subsection (d) after March 28, 2016, if the commission determines, in reviewing the proposed sale or disposition under section 6.1(h) of this chapter, that the factors set forth in IC 8-1-30.3-5(d) are satisfied as applied to the proposed sale or disposition.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.12-1995, SEC.99; P.L.3-1997, SEC.425; P.L.2-1998, SEC.34; P.L.103-2008, SEC.3; P.L.68-2015, SEC.3; P.L.149-2016, SEC.37; P.L.98-2016, SEC.8; P.L.229-2019, SEC.8.