CHAPTER 18. SUBDISTRICTS
IC 14-33-18
Chapter 18. Subdistricts
IC 14-33-18-1
Establishment
Sec. 1. A subdistrict of land in the district may be established by
the same procedure by which the original district was established.
The petition shall be addressed to the court having jurisdiction over
the district. A subdistrict may be established for any purpose for
which a district may be established, but a subdistrict may not be
established for any of the same purposes for which the district has
been established.
As added by P.L.1-1995, SEC.26.
IC 14-33-18-2
Director
Sec. 2. A director of the district may not also be a director of the
subdistrict.
As added by P.L.1-1995, SEC.26.
IC 14-33-18-3
Interference with district purpose
Sec. 3. (a) The district plan under which the subdistrict operates
may not interfere with the accomplishment of a purpose for which
the district was established.
(b) If the board of the district determines that operations of the
subdistrict interfere with the accomplishment of a purpose of the
district, the board may petition the court to make necessary findings
and issue necessary orders to the board of the subdistrict to stop the
interference.
As added by P.L.1-1995, SEC.26.
IC 14-33-18-4
Operation, powers, and duties
Sec. 4. A subdistrict operates in the same manner as a district, and
the board of a subdistrict has the same powers and duties.
As added by P.L.1-1995, SEC.26.
IC 14-33-18-5
Resolution establishing subdistrict; procedures
Sec. 5. (a) A subdistrict also may be established under this chapter
for a purpose for which the district has been established if the board
passes a resolution to that effect defining the territory of the
subdistrict and each purpose. The resolution must be filed in the
court having jurisdiction of the district.
(b) The court shall hold a hearing after ordering notice to be given
as follows:
(1) By publication at least thirty (30) days before the hearing at
least one (1) time in one (1) newspaper of general circulation in
each county having land in the district.
(2) By mail to each freeholder in the proposed subdistrict.
(c) If at the hearing a remonstrance against the establishment of
the subdistrict is filed with the court signed by:
(1) thirty percent (30%) of the freeholders in the proposed
subdistrict; or
(2) thirty percent (30%) of all freeholders in the district;
the court shall dismiss the resolution. IC 14-33-2-3 applies to the
remonstrance.
(d) If the court at the hearing finds that the proposed subdistrict
has a particular need for the accomplishment of the purpose
proposed, the court shall establish the subdistrict for the purpose.
After the court establishes the purpose, the purpose is not a purpose
of the district.
As added by P.L.1-1995, SEC.26.