SB 71-2_ Filed 02/21/2006, 11:08 Hinkle
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 71 be amended to read as follows:
SOURCE: Page 1, line 1; (06)MO007101.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 8-1.5-5-32; (06)MO007101.1. -->
"SECTION 1. IC 8-1.5-5-32 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 32. (a) This section applies to
excluded cities and towns in a county containing a consolidated
city.
(b) A municipality to which this section applies may withdraw
from the district established by the consolidated city if the
municipal legislative body adopts an ordinance withdrawing the
municipality from the district. The municipal legislative body shall,
at least thirty (30) days before the final vote on the ordinance, mail
written notice of the meeting to the following:
(1) All owners of lots and parcels within the municipality that
are subject to storm water user fees imposed in the district by
the department of public works of the consolidated city.
(2) The department of public works of the consolidated city.
(c) An ordinance described in subsection (b) takes effect sixty
(60) days after adoption by the municipal legislative body.
(d) In addition to the notice required by subsection (b), if a
municipal legislative body adopts an ordinance under subsection
(b), the municipal legislative body shall mail written notice of the
withdrawal from the district to the department of public works of
the consolidated city not more than thirty (30) days after the
ordinance becomes effective.
(e) If on the date of a municipality's withdrawal from the district
there are bonds outstanding that have been issued by the board of
public works of the consolidated city, the municipality is liable for
and shall pay that indebtedness in the same ratio as the assessed
valuation of the property in the municipality bears to the assessed
valuation of all property included in the district on the date one (1)
day before the date of withdrawal, as shown in the most recent
assessment for taxation before the date of withdrawal.
(f) If a municipal legislative body adopts an ordinance under
subsection (b), the district is entitled to receive the following:
(1) An annual lump sum payment equal to the total amount of
property taxes paid and allocated to the district's flood debt
service fund from all property taxpayers within the
municipality, to the extent the property taxes are not
necessary to pay the indebtedness owed by the municipality
under subsection (e). A payment under this subdivision is
required for property taxes assessed beginning on the January
1 preceding the effective date of the municipality's withdrawal
from the district.
(2) The total amount of storm water user fees collected by the
department of public works of the consolidated city from the
lots and parcels in the municipality beginning on the January
1 preceding the effective date of the municipality's withdrawal
from the district.
(g) Payments received under subsection (f):
(1) shall be deposited by the municipality in a dedicated fund;
and
(2) may be used by the municipality only for purposes of
storm water management in the municipality and may not be
diverted, directly or indirectly, in any manner to any use other
than the purposes of storm water management in the
municipality.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 71 as printed February 17, 2006.)
________________________________________
MO007101/DI 73 2006