CHAPTER 16. DISSOLUTION DUE TO LACK OF CONSTRUCTION
IC 14-33-16
Chapter 16. Dissolution Due to Lack of Construction
IC 14-33-16-1
Applicability of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to a district if construction of works of improvement has not
begun within six (6) years after the district plan is approved by the
circuit court.
(b) Even if the construction of works of improvement has not
begun within six (6) years after the district plan of a district was
approved, this chapter does not apply to the district if the circuit
court having jurisdiction over the district under IC 14-33-2-9
determines that the board of directors of the district has, since the
approval of the district plan, worked diligently and in good faith to
resolve the matters that must be resolved before construction can
begin.
As added by P.L.1-1995, SEC.26. Amended by P.L.143-1997, SEC.1.
IC 14-33-16-2
Dissolution by election
Sec. 2. A district may be dissolved by an election under this
chapter.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-3
Petition
Sec. 3. The freeholders of a district must present a petition to the
board. The petition may be circulated and presented in separate parts,
although all of the parts constitute a single petition. The petitioning
freeholders must sign the petition, and the person who presents the
petition must verify and certify the signatures upon oath. The petition
must do the following:
(1) Show the name and residence of each petitioner and the date
of signature.
(2) State that the petitioning freeholders desire an election on
the question of whether to dissolve the district.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-4
Determination that petition bears proportion of signatures
required
Sec. 4. The board shall determine, in compliance with
IC 14-33-2-2 and IC 14-33-2-3, whether the petition bears the same
proportion of signatures of freeholders of the district as that section
requires to initiate the proceedings to establish a district. If the board
finds in the affirmative, the board shall without delay certify that fact
to the court.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-5
Election requirements
Sec. 5. (a) Within ten (10) days after the board certifies to the
court, the board shall fix the following:
(1) A convenient and suitable place for the election.
(2) The date for the election not less than fifteen (15) and not
more than thirty (30) days after the last publication of notice.
(b) The voting place must open at 9 a.m. local time and remain
open for balloting continuously until 9 p.m. local time. However, if
the district contains freeholds too numerous for freeholder balloting
at a single voting place while allowing each freeholder a reasonable
time but not exceeding two (2) minutes to cast a ballot, the board
shall fix and arrange for multiple voting places as appears necessary
to accommodate the freeholders eligible to vote.
(c) Notice of the time, place, and purpose for the election must be
given on the same day of each week for two (2) consecutive weeks
in an English language newspaper of general circulation published
in each county having land in the district.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-6
List of freeholders
Sec. 6. (a) The board shall do the following:
(1) Prepare a list of the freeholders of the district.
(2) Have the county auditor certify the list.
(3) Make the list available for the inspection of any freeholder
of the district.
(4) Place the list in the permanent files of the district at the
conclusion of the election.
(b) A deficiency in the list or omission of the name of a freeholder
does not void the election or the election's outcome.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-7
Ballots
Sec. 7. The board shall prepare and furnish ballots in sufficient
number in the following form:
"Shall the ____________ Conservancy District be dissolved?"
[ ] Yes [ ] No
As added by P.L.1-1995, SEC.26.
IC 14-33-16-8
Assistant secretary and voting list
Sec. 8. The board shall do the following:
(1) Appoint an assistant secretary.
(2) Provide a voting list at each voting place.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-9
Voting procedures
Sec. 9. (a) Before the voting begins, the chairman of the board
shall appoint three (3) freeholders of the district as clerks to conduct
the election.
(b) Before casting a vote, each freeholder must sign the list of
freeholders opposite the freeholder's name in the presence of the
district secretary.
(c) If:
(1) a clerk finds a freeholder's name is omitted from the list; and
(2) all three (3) clerks determine that the freeholder's name
should be added to the list;
the clerks shall place the freeholder's name on the list and the
freeholder may vote.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-10
Absentee ballot
Sec. 10. A freeholder of the district may vote absentee by written
ballot. A written ballot vote must be signed and mailed or delivered
to the district office. Ballots voted by absentees are valid if delivered
or received before the scheduled date of the election.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-11
Election duties of secretary and clerks
Sec. 11. (a) The secretary of the district shall do the following:
(1) Keep the ballots safe and secure until the end of the voting
period.
(2) At the end of the voting period present all ballots cast to the
three (3) clerks.
(b) The clerks shall do the following:
(1) Count the ballots.
(2) Report the results of the election to the secretary in writing
over the signature of each clerk.
(c) The secretary shall do the following:
(1) Record the results in the records of the district.
(2) Certify the results to the court as promptly as possible.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-12
Majority of votes
Sec. 12. A majority of all votes cast determines the issue of
dissolution of the district, as long as the total votes cast at least
equals the number of freeholders petitioning for the election.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-13
Court ordering board to take steps to terminate district activities
Sec. 13. If a majority favors dissolution of a district, the court
shall, upon receiving the certification of the results, order the board
to take the necessary steps to terminate all activities of the district
other than those activities required to certify and collect assessments
or taxes to pay the following:
(1) The remaining financial obligations of the district.
(2) The expenses of liquidating the district's property and
winding up the district's affairs.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-14
Election costs
Sec. 14. Costs of the election, including legal fees approved by the
court, shall be paid from district money.
As added by P.L.1-1995, SEC.26.
IC 14-33-16-15
Court ordering final accounting and filing of records; discharging
board
Sec. 15. (a) When a district's financial obligations and the
expenses of winding up the district's affairs are paid, the court shall
order the board to do the following:
(1) Make a final accounting to the court.
(2) File all records of the district with the court.
(b) The court shall then discharge the board and decree that the
district is dissolved.
As added by P.L.1-1995, SEC.26.