CHAPTER 2. ESTABLISHMENT OF REGIONAL DISTRICTS
IC 13-26-2
Chapter 2. Establishment of Regional Districts
IC 13-26-2-1
Petitions to organize district
Sec. 1. The establishment of a regional district may be initiatedonly by a petition filed with the department. A copy of the petitionshall also be filed not later than ten (10) days after the filing with thedepartment in the office of the executive of each governmental entityhaving territory within the proposed district.
As added by P.L.1-1996, SEC.16. Amended by P.L.133-1997, SEC.1.
IC 13-26-2-2
Petitions; filing
Sec. 2. (a) The petition may be filed by any representative of one(1) or more eligible entities involved after being authorized by thefiscal body of the petitioning eligible entity or entities included in theplan of the proposed district.
(b) If the proposed district includes:
(1) a state park or recreational area, forest land, or a reservoir;or
(2) land owned, leased, or controlled by the department ofnatural resources;
the petition may be joined or filed by any representative of thatdepartment after having been authorized by the natural resourcescommission, with the approval of the executive of the countycontaining the territory of the district.
As added by P.L.1-1996, SEC.16. Amended by P.L.133-1997, SEC.2.
IC 13-26-2-3
Petitions; contents
Sec. 3. A petition to establish a district under this chapter muststate the following:
(1) The proposed name of the district.
(2) The place in which the district's principal office is to belocated.
(3) The following information:
(A) The need for the proposed district.
(B) The purpose to be accomplished.
(C) How the district will be conducive to the public health,safety, convenience, or welfare, including a specificstatement of how:
(i) water supply, for a water district;
(ii) sewage collection, disposal, and treatment, for asewage district; or
(iii) solid waste disposal, recovery, or treatment, for asolid waste district;
is currently being provided.
(D) Whether there is any outstanding indebtedness for thepurpose proposed in the proposed district, including a
statement as to how the current situation creates or adds topollution or health hazards or impedes development in thearea.
(4) An accurate description of the territory to be included in thedistrict, which does not have to be given by metes and boundsor by legal subdivisions. The territory does not have to becontiguous, but the territory must be so situated that the publichealth, safety, convenience, or welfare will be promoted by theestablishment as a single district of the territory described.
(5) The petitioner's recommendations on:
(A) the manner of selection;
(B) the number; and
(C) the term, not exceeding four (4) years;
of the members of the board of trustees.
(6) The plan for financing the cost of the operations of thedistrict until the district is in receipt of revenue from thedistrict's operations or proceeds from the sale of bonds.
(7) Estimates of the following:
(A) The costs of accomplishing the purpose of the district.
(B) The costs of operating and maintaining the works.
(C) The sources of the funding of these costs.
(D) The rates and charges that will be required.
As added by P.L.1-1996, SEC.16.
IC 13-26-2-4
Petitions; determination of compliance
Sec. 4. Upon the filing of a petition to establish a district underthis chapter, the department shall determine whether the petitioncomplies with the requirements of this chapter as to form andcontent. The department:
(1) may not declare a petition void because of alleged defects;and
(2) may, in subsequent proceedings at any time, permit thepetition to be amended in form or substance.
As added by P.L.1-1996, SEC.16.
IC 13-26-2-5
Petitions; hearing officer; appointment
Sec. 5. Upon the determination of the department that a sufficientpetition has been filed in accordance with this chapter, thecommissioner shall appoint a hearing officer, who does not have tobe a state employee. If the hearing officer is not a full-time stateemployee, the hearing officer is entitled to be paid reasonable:
(1) expenses; and
(2) per diem;
for each day or part of a day in actual attendance at a meeting orhearing or in performance of duties. The reasonable per diem andexpenses are valid claims against the department.
As added by P.L.1-1996, SEC.16.
IC 13-26-2-6
Notice and hearing
Sec. 6. (a) Except as provided in section 9 of this chapter, thehearing officer shall fix a time and place inside or within ten (10)miles of the proposed district for the hearing on any matter for whicha hearing is authorized under this chapter.
(b) The hearing officer shall make a reasonable effort to providenotice of the hearing as follows:
(1) By publication of notice two (2) times each week for two (2)consecutive weeks in at least two (2) newspapers of generalcirculation in each of the counties, in whole or in part, in thedistrict. The publication of notice must, at a minimum, includea legal notice and a prominently displayed three (3) inches byfive (5) inches advertisement.
(2) By certified mail, return receipt requested, mailed at leasttwo (2) weeks before the hearing to the following:
(A) The fiscal and executive bodies of each county withterritory in the proposed district.
(B) The executive of all other eligible entities with territoryin the proposed district.
(C) The state and any of its agencies owning, controlling, orleasing land within the proposed district, excludinghighways and public thoroughfares owned or controlled bythe Indiana department of transportation.
(D) Each sewage disposal company holding a certificate ofterritorial authority under IC 8-1-2-89 respecting territory inthe proposed district.
(3) By making a reasonable effort to provide notice of thehearing by regular United States mail, postage prepaid, mailedat least two (2) weeks before the hearing to each freeholderwithin the proposed district.
(4) By including the date on which the hearing is to be held anda brief description of:
(A) the subject of the petition, including a description of thegeneral boundaries of the area to be included in the proposeddistrict; and
(B) the locations where copies of the petition are availablefor viewing.
As added by P.L.1-1996, SEC.16. Amended by P.L.106-2000, SEC.1;P.L.1-2001, SEC.22.
IC 13-26-2-7
Objection; opportunity to be heard
Sec. 7. A person or an eligible entity that resides or lies in orpartially resides or lies in an area affected by the establishment of adistrict:
(1) may, on or before the date set for the cause to be heard, filea written objection to the granting of the requests made in thepetition; and
(2) may be heard at the hearing.As added by P.L.1-1996, SEC.16.
IC 13-26-2-8
Findings and recommendations
Sec. 8. (a) After the hearing on the petition for the establishmentof the proposed district, which may be adjourned periodically, thehearing officer shall make findings on the petition and other relevantfacts and recommendations as to whether:
(1) the petition should be:
(A) approved;
(B) approved with modifications; or
(C) denied; and
(2) a district should be established.
(b) If the recommendation is in the affirmative, therecommendation must also include recommendations on:
(1) the manner of the selection or appointment;
(2) the number; and
(3) the terms;
of the board.
(c) The description of the territory to be included in a district maynot include territory in a municipality that has, by ordinance orresolution filed with the department, exercised the option not to beincluded in the district.
As added by P.L.1-1996, SEC.16.
IC 13-26-2-9
Waiver of notice and hearing requirement
Sec. 9. (a) If the department of natural resources has filed apetition, the commissioner may waive the requirement for notice andhearing provided in section 6 of this chapter.
(b) If the commissioner waives the notice and hearingrequirement, the hearing officer shall give written notice by certifiedmail under section 6 of this chapter. Each recipient of notice hasthirty (30) days from the mailing of the notice within which to fileobjections or material with the hearing officer.
(c) The hearing officer shall then proceed to make findings andrecommendations as provided in section 8 of this chapter, based uponany material:
(1) received by the hearing officer; or
(2) obtained at the hearing officer's discretion through thehearing officer's own investigation.
As added by P.L.1-1996, SEC.16.
IC 13-26-2-10
Order
Sec. 10. (a) If the commissioner determines that the findings showthat the establishment of a recommended district:
(1) complies with the conditions of this chapter forestablishment of a district; and
(2) appears capable of accomplishing the purpose or purposes
in an economically feasible manner;
the commissioner shall issue an order directing that the district beestablished as an independent municipal corporation with a name andfor the purposes designated in the order.
(b) An order must do the following:
(1) Provide for the selection or appointment and terms ofoffices, not to exceed four (4) years, of the board.
(2) Provide requirements for sufficient bond for all officers,trustees, or employees having power to dispense money of thedistrict.
(3) If an eligible entity with territory in the district has a publicwater or solid waste sewer system, contain provisionsprotecting the investments of the entities and protecting therights of the holders of bonds or other obligations issued toprovide money for the system.
(4) Direct the district to file a detailed plan for the initial projectof the district not later than nine (9) months after the date of thepreliminary order or within a further time that the departmentfrom time to time orders.
As added by P.L.1-1996, SEC.16.
IC 13-26-2-11
Order; review
Sec. 11. An order for the establishment of a district is subject toreview as provided in IC 4-21.5-5.
As added by P.L.1-1996, SEC.16.