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 chapterapplies to a district if construction of works of improvement has notbegun within six (6) years after the district plan is approved by thecircuit court.
    (b) Even if the construction of works of improvement has notbegun within six (6) years after the district plan of a district wasapproved, this chapter does not apply to the district if the circuitcourt having jurisdiction over the district under IC 14-33-2-9determines that the board of directors of the district has, since theapproval of the district plan, worked diligently and in good faith toresolve the matters that must be resolved before construction canbegin.
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 thischapter.
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 theboard. The petition may be circulated and presented in separate parts,although all of the parts constitute a single petition. The petitioningfreeholders must sign the petition, and the person who presents thepetition must verify and certify the signatures upon oath. The petitionmust do the following:
        (1) Show the name and residence of each petitioner and the dateof signature.
        (2) State that the petitioning freeholders desire an election onthe 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 signaturesrequired
    Sec. 4. The board shall determine, in compliance withIC 14-33-2-2 and IC 14-33-2-3, whether the petition bears the sameproportion of signatures of freeholders of the district as that sectionrequires to initiate the proceedings to establish a district. If the boardfinds in the affirmative, the board shall without delay certify that factto 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 thecourt, 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 notmore than thirty (30) days after the last publication of notice.
    (b) The voting place must open at 9 a.m. local time and remainopen for balloting continuously until 9 p.m. local time. However, ifthe district contains freeholds too numerous for freeholder ballotingat a single voting place while allowing each freeholder a reasonabletime but not exceeding two (2) minutes to cast a ballot, the boardshall fix and arrange for multiple voting places as appears necessaryto accommodate the freeholders eligible to vote.
    (c) Notice of the time, place, and purpose for the election must begiven on the same day of each week for two (2) consecutive weeksin an English language newspaper of general circulation publishedin 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 freeholderof the district.
        (4) Place the list in the permanent files of the district at theconclusion of the election.
    (b) A deficiency in the list or omission of the name of a freeholderdoes 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 sufficientnumber 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 boardshall appoint three (3) freeholders of the district as clerks to conductthe election.
    (b) Before casting a vote, each freeholder must sign the list offreeholders opposite the freeholder's name in the presence of thedistrict 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 nameshould be added to the list;
the clerks shall place the freeholder's name on the list and thefreeholder 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 writtenballot. A written ballot vote must be signed and mailed or deliveredto the district office. Ballots voted by absentees are valid if deliveredor 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 votingperiod.
        (2) At the end of the voting period present all ballots cast to thethree (3) clerks.
    (b) The clerks shall do the following:
        (1) Count the ballots.
        (2) Report the results of the election to the secretary in writingover 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 ofdissolution of the district, as long as the total votes cast at leastequals 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 courtshall, upon receiving the certification of the results, order the boardto take the necessary steps to terminate all activities of the district

other than those activities required to certify and collect assessmentsor taxes to pay the following:
        (1) The remaining financial obligations of the district.
        (2) The expenses of liquidating the district's property andwinding 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 thecourt, 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; dischargingboard
    Sec. 15. (a) When a district's financial obligations and theexpenses of winding up the district's affairs are paid, the court shallorder 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 thedistrict is dissolved.
As added by P.L.1-1995, SEC.26.