CHAPTER 17. MERGER OF DISTRICTS
IC 14-33-17
Chapter 17. Merger of Districts
IC 14-33-17-1
Application of chapter
Sec. 1. This chapter applies to two (2) districts:
(1) where at least part of the external boundaries of the two (2)
districts coincide;
(2) that are located in a county having a population of more than
four hundred thousand (400,000) but less than seven hundred
thousand (700,000); and
(3) where the territory of each district contains part of the same
town.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-2
Filing petition
Sec. 2. Freeholders residing in the two (2) districts who desire the
merger of the districts must initiate proceedings by filing a petition
in the office of the clerk of the circuit court for the county containing
the most land in the proposed merged district.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-3
Necessary signatures
Sec. 3. (a) A petition must be signed by not less than five percent
(5%) of the freeholders owning land in each of the existing districts.
(b) The court shall, before conducting an election under section
6 of this chapter, determine whether the petition bears the necessary
signatures. If the petition does not bear the necessary signatures, the
court shall dismiss the petition. The court may not dismiss a petition
with the requisite signatures because of alleged defects without
permitting amendments to correct errors in form or content.
(c) IC 14-33-2-16(c) and IC 14-33-2-16(d) apply to the petition.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-4
Required bond
Sec. 4. (a) The petitioners must post a bond sufficient to pay the
cost of notice and all costs of the court connected with the petition
and election.
(b) If:
(1) the court dismisses the petition; or
(2) the majority of freeholders vote against merger;
the petitioners shall pay all costs associated with the proceedings and
the election.
(c) If a merger does take place under this chapter, the costs
associated with the proceedings and the election shall be paid out of
the general money of the county where the court is located. The
district shall repay the county from the first money collected from the
levy of a tax or the collection of an assessment.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-5
Petition requirements
Sec. 5. (a) Except as provided in section 17 of this chapter:
(1) IC 14-33-2-3(1);
(2) IC 14-33-2-3(2);
(3) IC 14-33-2-3(3);
(4) IC 14-33-2-3(5);
(5) IC 14-33-2-4; and
(6) IC 14-33-2-6;
apply to the petition filed under section 2 of this chapter.
(b) The petition must also state that the petitioners desire an
election in the districts on the question of merger.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-6
Fixing time, place, and date of election
Sec. 6. Within ten (10) days after receiving a petition that has met
the requirements of sections 3 through 5 of this chapter, the court
shall fix a convenient place and time for the election within each
district to determine if the districts should merge. The election must
be held not less than thirty (30) days after the date the election is set.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-7
Notice
Sec. 7. The petitioners shall give notice of the time, place, and
purpose for the election as follows:
(1) By publication on the same day of each week for two (2)
consecutive weeks in an English language newspaper of general
circulation published in the county.
(2) By mail at least twenty (20) days before the date of the
election, first class postage prepaid, to each freeholder who has
not signed the petition and who owns land in the proposed
district according to the records of the county auditor.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-8
List of freeholders
Sec. 8. (a) The petitioners shall do the following:
(1) Prepare a list of the freeholders of the district.
(2) Have the county auditor do the following:
(A) Certify the list.
(B) Make the list available for the inspection of a freeholder
of the district.
(C) 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 the
freeholder does not void the election or the election's outcome.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-9
Ballots
Sec. 9. The court shall prepare and furnish ballots in sufficient
number, in the following form:
"Shall _____ Conservancy District and _____ Conservancy
District be merged to form a single district?"
[ ] Yes [ ] No
As added by P.L.1-1995, SEC.26.
IC 14-33-17-10
Clerks, assistant secretary, and voting list
Sec. 10. Before the voting begins, the court shall do the following:
(1) Appoint three (3) freeholders of the districts as clerks to
conduct the election.
(2) Appoint an assistant secretary.
(3) Provide a voting list at each voting place.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-11
Hours of election; balloting places
Sec. 11. 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 court shall fix and arrange for multiple voting places
as necessary to accommodate the freeholders eligible to vote.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-12
Voting procedures
Sec. 12. (a) Before casting a vote, each freeholder must sign the
list of freeholders opposite the freeholder's name in the presence of:
(1) the district secretary;
(2) the financial clerk; or
(3) a person designated by the district secretary or financial
clerk.
(b) 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 14-33-17-13
Absentee ballot
Sec. 13. A freeholder of the district may vote an absentee ballot.
An absentee ballot:
(1) must be signed;
(2) must be mailed or delivered to the court; and
(3) is valid if delivered or received before the scheduled date of
the election.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-14
Election duties of secretary and clerks
Sec. 14. (a) The secretary of each district shall do the following:
(1) Keep the ballots safe and secure until the end of the voting
period.
(2) 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 the clerks.
(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 14-33-17-15
Majority of votes
Sec. 15. A majority of total votes cast in both districts determines
the issue of merger of the districts.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-16
Appointment of initial board; requirements
Sec. 16. (a) Notwithstanding IC 14-33-5-1 and IC 14-33-5-11, if
a majority of those voting favors merger of the districts, the court
shall, upon receiving certification of the results, appoint an initial
board. The initial board consists of seven (7) members, with one (1)
member from each of the areas of the new district established as
provided in section 17 of this chapter.
(b) A director on the initial board:
(1) must be:
(A) a freeholder of the area the director represents; or
(B) an officer or a nominee of a corporate freeholder of the
area the director represents; and
(2) does not have to be a petitioner to qualify for appointment.
(c) In selecting the initial board, the court shall appoint four (4)
of the initial directors as follows:
(1) Two (2) directors who have had prior experience as a
director on the board of one (1) of the two (2) districts that were
merged.
(2) Two (2) directors who have had prior experience as a
director on the board of the other district that was merged.
(d) The terms of the initial directors are as provided in
IC 14-33-5-11.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-17
District areas; election of subsequent directors
Sec. 17. (a) Notwithstanding:
(1) section 5 of this chapter; and
(2) IC 14-33-2-4;
the new district shall be composed of seven (7) areas established by
the court. Each area must contain approximately the same number of
freeholders.
(b) The board consists of seven (7) members, one (1) member
from each of the areas of the new district.
(c) After the appointment of the initial directors, the subsequent
directors shall be elected as provided in IC 14-33-5-2 through
IC 14-33-5-9, except that freeholders may vote only for the nominees
representing the area of the freeholder. In addition:
(1) a director must be:
(A) a freeholder of the area the director represents; or
(B) an officer or a nominee of a corporate freeholder of the
area the director represents; and
(2) nominations for a director may only be made by the
freeholders of the director's area.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-18
New district plan
Sec. 18. The initial board of the merged district shall upon
appointment prepare and submit a new district plan as provided in
the initial formation of a single district. The same procedures
provided for the initial submission of a district plan must be
complied with for the submission of a district plan for a merged
district.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-19
Court orders following approval of new district plan
Sec. 19. Effective upon approval of a new district plan, the court
shall do the following:
(1) Order the board of each of the merged districts dissolved.
(2) Order the two (2) districts to merge into one (1) single
district.
(3) Order the transfer of all of the assets and obligations,
including bonded indebtedness, of the merged districts to the
new districts.
(4) Designate the time of the annual meeting of the merged
district, which must be before March 1 each year.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-20
Jurisdiction
Sec. 20. The circuit court of the county in the merged district
having the most land has exclusive jurisdiction over the merger and
over all further hearings in connection with the district.
As added by P.L.1-1995, SEC.26.
IC 14-33-17-21
Districts formed from merger
Sec. 21. A district formed from the merger of two (2) districts as
provided under:
(1) this chapter; or
(2) IC 13-3-3-96.5 (before its repeal);
is considered a district for purposes of this article.
As added by P.L.1-1995, SEC.26.