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 thanfour hundred thousand (400,000) but less than seven hundredthousand (700,000); and
(3) where the territory of each district contains part of the sametown.
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 themerger of the districts must initiate proceedings by filing a petitionin the office of the clerk of the circuit court for the county containingthe 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 section6 of this chapter, determine whether the petition bears the necessarysignatures. If the petition does not bear the necessary signatures, thecourt shall dismiss the petition. The court may not dismiss a petitionwith the requisite signatures because of alleged defects withoutpermitting 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 thecost of notice and all costs of the court connected with the petitionand 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 andthe election.
(c) If a merger does take place under this chapter, the costsassociated with the proceedings and the election shall be paid out ofthe general money of the county where the court is located. Thedistrict 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 anelection 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 metthe requirements of sections 3 through 5 of this chapter, the courtshall fix a convenient place and time for the election within eachdistrict to determine if the districts should merge. The election mustbe 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, andpurpose 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 generalcirculation published in the county.
(2) By mail at least twenty (20) days before the date of theelection, first class postage prepaid, to each freeholder who hasnot signed the petition and who owns land in the proposeddistrict 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 freeholderof the district.
(C) 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 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 sufficientnumber, in the following form:
"Shall _____ Conservancy District and _____ ConservancyDistrict 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 toconduct 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 andremain open for balloting continuously until 9 p.m. local time.However, if the district contains freeholds too numerous forfreeholder balloting at a single voting place while allowing eachfreeholder a reasonable time but not exceeding two (2) minutes tocast a ballot, the court shall fix and arrange for multiple voting placesas 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 thelist 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 financialclerk.
(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 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 14-33-17-13
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 ofthe 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 votingperiod.
(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 writingover 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 determinesthe 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, ifa majority of those voting favors merger of the districts, the courtshall, upon receiving certification of the results, appoint an initialboard. The initial board consists of seven (7) members, with one (1)member from each of the areas of the new district established asprovided 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 thearea 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 adirector on the board of one (1) of the two (2) districts that weremerged.
(2) Two (2) directors who have had prior experience as adirector on the board of the other district that was merged. (d) The terms of the initial directors are as provided inIC 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 bythe court. Each area must contain approximately the same number offreeholders.
(b) The board consists of seven (7) members, one (1) memberfrom each of the areas of the new district.
(c) After the appointment of the initial directors, the subsequentdirectors shall be elected as provided in IC 14-33-5-2 throughIC 14-33-5-9, except that freeholders may vote only for the nomineesrepresenting 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 thearea the director represents; and
(2) nominations for a director may only be made by thefreeholders 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 uponappointment prepare and submit a new district plan as provided inthe initial formation of a single district. The same proceduresprovided for the initial submission of a district plan must becomplied with for the submission of a district plan for a mergeddistrict.
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 courtshall 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) singledistrict.
(3) Order the transfer of all of the assets and obligations,including bonded indebtedness, of the merged districts to thenew districts.
(4) Designate the time of the annual meeting of the mergeddistrict, 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 districthaving the most land has exclusive jurisdiction over the merger andover 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 asprovided 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.