State of Indiana ) Before the Boone County ) Drainage Board County of Indiana ) In the Matter of Reconstruction ) Of the Upper/Small Legal Tile Drain ) Findings and Order of the Reconstruction Of the Upper/Small Legal Tile Drain Comes now the Boone County Drainage Board (Board), and upon the conclusion of the Public Hearing for the Reconstruction of the Upper/Small Legal Tile Drain, and, pursuant to IC 36-9-27-52, and with due consideration of all proposed schedules of damages, evidence presented by affected landowners, and proposed assessment amounts for the Reconstruction of the Upper/Small Legal Tile Drain, finds that the cost, damages, evidence presented by affected landowners, and proposed assessment amounts for the Reconstruction of the Upper/Small Legal Drain, shall be less than the benefits accruing to the landowners which are benefited by the proposed reconstruction for the Upper/Small Legal Drain ( the Project) at the time of issuance of this Order. Specifically, the board finds that the Project area affects and will benefit approximately 500 acres located in Boone County, Indiana commonly located in Section 17, Twp. 19N, Range 1E, Section 18, Twp. 19N, Range 1E, Section 19, Twp. 19N, Range 1E, Section 20, Twp. 19N, Range 1E. of Center Township. No reconstruction has occurred since the drain was established and drainage tile installed in the 1890's. The area affected is depicted in maps prepared by the County Surveyor and displayed at the Public Hearing conducted at the Boone County Annex Building located at 116 W Washington Street in the Connie Lamar Meeting Room on August 1, 2016 commencing at 8:30 AM. At the Public Hearing the County Surveyor reported that two written documents were received supporting the project but voicing concerns with the proposed cost. One affected landowner, having received notice of the hearing, appeared and offered comments as to the proposed reconstruction in regards to the cost. At the conclusion of the presentation the Board recessed the Public Hearing until August 15, 2016 at 8:30 AM. After deliberation and consideration of the requirements for reconstruction as set forth in I.C. 36-9-27-52, and the evidence presented by the Boone County Surveyor and the affected landowners, The Boone County Drainage Board hereby finds and ORDERS as follows: 1. Pursuant to Indiana law, all affected property owners were notified of the proceeding and notice of the Public Hearing was timely published. 2. The Board considered all evidence presented at the Public Hearing, the testimony of the Surveyor and affected property owners, the letters submitted, and comments of the public. The Board specifically finds that costs, damages and expenses of the Project will be less that the benefits accruing to the owners of the land benefited by the Project. 3. Based upon the findings above, the Board finds that the Project should proceed and that the Upper/Small Legal Tile Drain (Drain) shall be reconstructed in conformity with the engineer's estimate as incorporated in the attached Exhibit A with the projected cost of Three hundred and Forty Thousand dollars ($340,000) said cost to be shared by, and allocated to, the affected landowners based upon the number of acres benefited, and shall be assessed to their respective tax duplicates for collection. The Board hereby adopts the Schedule of Assessments as provided for in Exhibit A. 4. The amount of the reconstruction of the Drain, as set forth above, shall not exceed ten percent (10%) of the engineer's estimate of The Project. 5. These amounts are subject to adjustment by the Board after the Project has been submitted for competitive bidding or requests for proposals, in conformity with Indiana law, and the final assessment is certified to the Boone County Auditor for collection purposes. 6. These amounts are also subject to adjustment to lessen the cost per acre upon further investigation by the Boone County Surveyor and Boone County Drainage Board Attorney of alternative county drain maintenance funds that can be utilized per state statute to offset construction costs to the affected landowners. 7. The drain portion of The Project will occur on the north side of CR 300 N replacing the Upper/Small Tile Drain and the TR1 and the south side of CR 300 N replacing the lower Upper/Small Tile Drain as shown on Exhibit B. 8. The above is subject to pending review as outlined in Indiana State Law. All of which is Ordered this 15th day of August, 2016. Boone County Drainage Board Byron Loveless, Chairman Dave Chance, Vice Chairman Marc Applegate, Member Donnie Lawson, Member Jeff Wolfe, Member ATTEST: Kathy Clawson, Secretary TLR-429 08/18 #1229428 hspaxlp
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