CHAPTER 5. BOARD OF DIRECTORS
IC 14-33-5
Chapter 5. Board of Directors
IC 14-33-5-0.5
Repealed
(Repealed by P.L.95-2006, SEC.10.)
IC 14-33-5-1
Appointment of initial board of directors
Sec. 1. (a) Within twenty (20) days after an order establishing adistrict, the board of commissioners of the county shall appoint theinitial board of directors. A director shall be appointed for each ofthe areas in the district established by the court.
(b) A director must have the following qualifications:
(1) Be:
(A) a freeholder of the area of the district for whichappointed; or
(B) an officer or a nominee of a corporate freeholder of thearea of the district for which appointed.
(2) Be qualified by knowledge and experience in matterspertaining to the development of the district.
(c) A majority of the directors must be:
(1) resident freeholders of the district if available and qualified;and
(2) petitioners for the establishment of the district. For thispurpose an officer or a nominee of a corporate freeholder of thedistrict, if the corporation is a petitioner, is considered apetitioner.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-2
Election to fill vacancies; number of votes to elect
Sec. 2. (a) At each annual meeting of the district, directors shallbe elected to fill vacancies on the board due to expiration of terms,resignation, or otherwise. The election shall be conducted by writtenballots. Except as provided in subsection (c), to be elected anindividual must receive a majority of the votes of the freeholders ofthe district who are:
(1) present and voting in person; or
(2) absent but have mailed or delivered a written ballot vote.
(b) A written ballot vote must be signed and mailed or deliveredto the district office. A ballot is valid if delivered or received beforethe scheduled date of the annual meeting.
(c) Upon receipt of a petition from the board of directors of aconservancy district, the circuit court may modify the orderestablishing the district under IC 14-33-2-27 to provide that eachdirector representing an area established under IC 14-33-2-27 shallbe elected by a majority of the votes of the freeholders of therespective areas.
As added by P.L.1-1995, SEC.26. Amended by P.L.88-2003, SEC.2.
IC 14-33-5-3
Nominations
Sec. 3. (a) Beginning October 24 and not later than November 1,the board shall invite nominations to fill vacancies on the board atthe next annual meeting by one (1) publication in a newspaper ofgeneral circulation in each county in the district. Each publicationmust do the following:
(1) Contain the names of the directors whose terms are expiringand the area of the district involved.
(2) Invite nominations to fill vacancies.
(3) State the qualifications for the office as prescribed bysection 1 of this chapter, except for the following:
(A) A nominee does not have to have been a petitioner forthe establishment of the district.
(B) A nominee does not have to be a resident of the area ofthe district for which nominations are invited.
(b) Nominations for director must:
(1) be submitted to the office of the district in writing beforeDecember 1 following notice of vacancies; and
(2) be signed by at least five (5) freeholders from the areasdesignated by the secretary's notice.
(c) Nominations that are mailed are valid if:
(1) delivered or postmarked before December 1;
(2) the envelope has sufficient United States postage; and
(3) the envelope is addressed to the district's office.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-4
Annual meeting
Sec. 4. (a) The annual meeting of the district must be held at thetime designated by the court:
(1) at the district's office; or
(2) at a place in or near the district as determined by resolutionof the board adopted before December 1 of the year.
(b) Notice of the annual meeting of the district must be given byone (1) publication in a newspaper of general circulation in eachcounty in the district at least fourteen (14) and not more thanthirty-one (31) days before the annual meeting. The notice mustcontain the following:
(1) The names of the nominees.
(2) The place where the election will be held.
(3) The time of the election.
(4) The fact that this is the annual meeting of the district.
(5) The purposes of the meeting.
(6) The time during which ballots may be cast.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-5
Ballots; certification
Sec. 5. (a) Before the annual meeting, the board shall prepare the
ballots and a list of the freeholders of the district, which must becertified by the county auditor and placed in the district's files. Adeficiency in this process or an omission of the names of anyfreeholders does not void action taken at an annual meeting.
(b) Only one (1) vote may be cast per freehold.
As added by P.L.1-1995, SEC.26. Amended by P.L.16-2010, SEC.1.
IC 14-33-5-6
Voting procedures
Sec. 6. (a) At each annual meeting and before the election ofdirectors, the chairman shall appoint three (3) freeholders of thedistrict who are present at the annual meeting to act as clerks of andconduct the election.
(b) Before the casting of a vote, each freeholder must sign the listof freeholders opposite the freeholder's name in the presence of thesecretary of the district. If the clerks find that a freeholder's name iserroneously omitted from the list, the clerks shall place the name onthe list. The omitted freeholder is then entitled to cast a ballot.
(c) The clerks shall note the fact of receipt of a valid written ballotvote opposite the freeholder's name who cast that vote. At this timethe written ballot vote is considered cast.
(d) At the close of the election poll, the clerks shall count the castballots and make a report of the results. The secretary of the districtshall record the results in the records of the district. The chairmanshall then declare the successful nominees elected, and the electeddirectors are entitled to and shall assume all the duties of the officefor which elected.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-7
Oath of director
Sec. 7. Promptly after appointment or election a director shall takethe following oath:
"I solemnly swear that I shall, to the best of my ability, strive toaccomplish the purposes for which the district is establishedand properly to operate and maintain its works ofimprovement.".
As added by P.L.1-1995, SEC.26.
IC 14-33-5-8
Petition to fill vacancies
Sec. 8. If a district fails to conduct an election of directors asprovided by this chapter, any interested person of the district maypetition the board of commissioners of the county to appoint adirector to fill vacancies. The board of commissioners of the countyshall make an appointment within fifteen (15) days from the date thepetition is filed.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-9 District composed of land from more than one county
Sec. 9. For the purposes of this chapter, if the district is composedof land from more than one (1) county, the board of commissionersof each county may participate in the following:
(1) The appointment of the initial board.
(2) The filling of vacancies on the board.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-10
Advisory members of board; area directors
Sec. 10. (a) Notwithstanding other provisions of this chapter, thissection applies to all districts described in IC 14-33-9-4.
(b) The following shall serve as advisory members of the boardand have all privileges of membership except the right to vote:
(1) The city engineer of each second class city in the district.
(2) The county surveyor of the county.
(3) The chairman of the county soil and water conservationdistrict.
(c) On the same day as the primary election held ineven-numbered years, the voters shall select the area directors. At theinitial election held under this section, the authority that makes theinitial appointment of directors under section 1 of this chapter shalldesignate the initial terms of the directors elected as follows:
(1) One-half (1/2) plus one (1) of the directors serve for two (2)year terms.
(2) The other directors serve for four (4) year terms.
After the first election, all directors serve for four (4) year terms.Area directors take office on June 1 after election.
(d) The initial appointments of directors under section 1 of thischapter shall be made so that the directors serve until the election inthe first even-numbered year following the year of appointment.
(e) Nominations for director signed by at least five (5) freeholdersshall be filed with the county election board during the period whenfiling for other county offices takes place, and the board shallpublicly invite nominations at least five (5) days before this filingperiod begins.
(f) Each director must be a freeholder and a resident of the districtfrom which elected. Only one (1) director may be elected from eachdistrict.
(g) When a vacancy occurs on the board:
(1) the chairman of the board; or
(2) five (5) freeholders from the district where the vacancyexists;
may petition the appointing authority to have the appointingauthority make an appointment to fill the vacancy for the remainderof the unexpired term.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-11
Terms for initial directors Sec. 11. (a) The board of commissioners of the county shallappoint the initial directors for the following terms:
(1) If there are three (3) or five (5) directors, the terms are asfollows:
(A) One (1) term expires at the next annual meeting.
(B) One (1) term expires at the second annual meeting.
(C) One (1) term expires at the third annual meeting.
(D) Any other terms expire at the fourth annual meeting.
(2) If there are seven (7) or nine (9) directors, the terms are asfollows:
(A) Two (2) terms expire at the next annual meeting.
(B) Two (2) terms expire at the second annual meeting.
(C) Two (2) terms expire at the third annual meeting.
(D) All other terms expire at the fourth annual meeting.
(b) As the terms expire, each new director shall be elected for aterm of four (4) years.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-11.5
Single nominee considered elected; no election required when onlyone nominee in each district
Sec. 11.5. (a) Notwithstanding the other provisions of this chapter,if there is only one (1) nominee for election to the board to representan area, the nominee for election to the board to represent that areais considered elected.
(b) Notwithstanding the other provisions of this chapter, if thereis only one (1) nominee for election to the board for each area forwhich a director is to be elected, the following apply:
(1) The election otherwise required to be held under thischapter is not required to be held.
(2) Each of the nominees for election to the board is consideredelected as if the election had been held and each nominee waselected as provided in this chapter.
As added by P.L.16-2010, SEC.2.
IC 14-33-5-12
Vacancies
Sec. 12. (a) If a vacancy occurs on the board, the board shall voteto appoint a member to serve until the next annual meeting.
(b) If the vote held under subsection (a) results in a tie, a judge ofthe circuit court of the county in which the district was establishedshall designate a person to serve as a member until the next annualmeeting.
(c) At the next annual meeting a director shall be elected tocomplete the term.
As added by P.L.1-1995, SEC.26. Amended by P.L.4-2004, SEC.2.
IC 14-33-5-13
Meetings
Sec. 13. The board shall by resolution fix the time for holding
regular meetings, but the board shall meet at least quarterly eachyear.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-14
Special meetings
Sec. 14. (a) Special meetings of the board may be called by thechairman or by two (2) members upon written request to thesecretary. The secretary shall send to all members, at least three (3)days before a special meeting, a written notice fixing the time andplace of the meeting.
(b) Written notice of a special meeting is not required if:
(1) the time of the special meeting has been fixed in a regularmeeting; or
(2) all members were present at a meeting at which a specialmeeting was called.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-15
Quorum
Sec. 15. A majority of the board constitutes a quorum. An actionof the board is official, however, only if authorized by a majority ofthe board at a regular or properly called special meeting.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-16
Compensation
Sec. 16. As compensation the directors are entitled to an amountthat the court orders, but not to exceed:
(1) one hundred dollars ($100) for not more than two (2) regularor specially called board meetings per month; and
(2) fifty dollars ($50) for not more than five (5) days per monthdevoted to the work of the district in addition to any day forwhich payment is received under subdivision (1).
In addition, the directors shall be reimbursed for actual expenses,including traveling expense at a rate equal to the rate paid to stateofficers and employees. Claims for expense reimbursement must beaccompanied by an itemized written statement approved by arecorded motion of the board.
As added by P.L.1-1995, SEC.26. Amended by P.L.78-2007, SEC.2.
IC 14-33-5-17
Chairman and vice chairman
Sec. 17. Immediately following appointment and immediatelyfollowing each annual meeting of the district, the directors shall meetand elect a chairman and a vice chairman. The vice chairman may actas chairman during the absence or disability of the chairman. Thechairman shall promptly notify the commission in writing of thenames and addresses of the officers and directors of the district, andthe same information, together with the executed oaths, shall be filed
with the circuit court.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-18
Employees; contracts and leases
Sec. 18. (a) The board may appoint, prescribe the duties, and fixthe compensation of the following:
(1) A secretary.
(2) A financial clerk.
(3) An engineer.
(4) Employees that are necessary for the discharge of duties andresponsibilities of the board.
(b) A financial clerk shall execute a surety bond in the mannerprescribed by IC 5-4-1.
(c) The board may make contracts for the following:
(1) Special and temporary services, including professionalcounsel.
(2) Leases of land to a provider of commercial mobile service(as defined in 47 U.S.C. 332) that allows for the construction,use, and maintenance of a tower that is used fortelecommunications purposes.
As added by P.L.1-1995, SEC.26. Amended by P.L.16-2010, SEC.3.
IC 14-33-5-19
Office; location
Sec. 19. (a) At the first meeting of the first board, the board shalladopt by majority vote a resolution designating the location in ornear the district where the district will maintain an office. The boardmay adopt a resolution by majority vote at any meeting of the boardto change the location of the district's office. The board shall reportthe location of the office and a change in location to the courtestablishing the district.
(b) The board shall do the following:
(1) Arrange for office space.
(2) Keep a record of all transactions and minutes of all meetingsin the office.
(3) Keep all records and minutes available for inspection by anyinterested person of the district during the hours that the districtoffice is open for business.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-20
Duties of board
Sec. 20. The board shall do the following:
(1) Exercise general supervision of and make regulations for theadministration of the affairs of the district.
(2) Prescribe uniform rules pertaining to investigations andhearings.
(3) Supervise the fiscal affairs and responsibilities of thedistrict. (4) Prescribe the qualifications of, appoint, remove, and fix thecompensation of the employees of the district. Thecompensation must be reasonable and similar in amount to thecompensation allowed employees performing similar service forthe state and political subdivisions of the state. The board maydelegate to employees authority to perform ministerial acts inall cases except where final action of the board is necessary.
(5) Keep an accurate and complete record of all districtproceedings and record and file all bonds and contracts,assuming responsibility for the custody and preservation of allpapers and documents of the district.
(6) Make an annual report to the court of income and expenses.The report must be submitted not later than thirty (30) daysafter the annual meeting and may include any of the following:
(A) A statement of the progress in accomplishing eachpurpose for which the district is established.
(B) Recommendations for amendment to the district plan.
(C) Any matter that the board believes should be brought tothe attention of the court for instructions or approval.
(7) Adopt a seal and certify all official acts.
(8) Sue and be sued collectively by the legal name "________Conservancy District", with service of process made on thechairman of the board. However, costs may not be taxed againstthe directors individually in an action.
(9) Invoke any legal, equitable, or special remedy for theenforcement of this article or of any proper action of the boardin a court.
(10) If advisable, establish an advisory committee.
(11) Exercise the powers granted under this article toaccomplish each purpose for which the district is established.
(12) If a purpose of the district is the construction ormaintenance of a levee in cooperation with the United StatesSecretary of the Army, divide, by resolution, the levee intomaintenance sections and make assignment of each section toa director who must be a resident freeholder near themaintenance section. The director shall, upon assignment,supervise and assist in the maintenance of the assignedmaintenance section.
(13) Protect against encroachment by a stream. The board may,alone or in cooperation with state or federal agencies, dowhatever is necessary to provide bank stabilization for theprotection of the works of improvement of the district.
(14) Insure property, personnel, and operations of the districtagainst risks and in amounts that the board determinesnecessary to protect the district.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-21
Powers relating to sewage and liquid waste
Sec. 21. (a) If the board issues revenue bonds for the collection,
treatment, and disposal of sewage and liquid waste, the board may dothe following:
(1) Subject to sections 21.1 and 21.2 of this chapter, establishjust and equitable rates and charges and use the same basis forthe rates as provided in IC 36-9-23-25 through IC 36-9-23-29.
(2) Collect and enforce the rates, beginning with thecommencement of construction as provided in IC 36-9-23.
(3) Establish rules and regulations.
(4) Require connection to the board's sewer system of anyproperty producing sewage or similar waste and requirediscontinuance of use of privies, cesspools, septic tanks, andsimilar structures. The board may enforce this requirement bycivil action in circuit or superior court as provided inIC 36-9-23-30.
(5) Provide for and collect a connection charge to the board'ssewer system as provided in IC 36-9-23-25 throughIC 36-9-23-29.
(6) Contract for treatment of the board's sewage and pay a fairand reasonable connection fee or rate for treatment, or acombination of both, as provided in IC 36-9-23-16.
(7) Secure the bonds by a trust indenture as provided inIC 36-9-23-22.
(8) Create a sinking fund for the payment of principal andinterest and accumulate reasonable reserves as provided inIC 36-9-23-21.
(9) Issue temporary revenue bonds to be exchanged for definiterevenue bonds as provided in IC 36-9-23-17 throughIC 36-9-23-20.
(10) Issue additional revenue bonds as part of the same issue ifthe issue does not meet the full cost of the project for which thebonds were issued as provided in IC 36-9-23-17 throughIC 36-9-23-20.
(11) Issue additional revenue bonds for improvements,enlargements, and extensions as provided in IC 36-9-23-18.
(12) Covenant with the holders of the revenue bonds for thefollowing:
(A) Protection of the holders concerning the use of moneyderived from the sale of bonds.
(B) The collection of necessary rates and charges andsegregation of the rates and charges for payment of principaland interest.
(C) Remedy if a default occurs.
The covenants may extend to both repayment from revenuesand other money available to the district by other statute asprovided in IC 36-9-23.
(b) In the same manner as provided by IC 36-9-23, the rates orcharges made, assessed, or established by the district are a lien on alot, parcel of land, or building that is connected with or uses theworks by or through any part of the sewage system of the district.The liens: (1) attach;
(2) are recorded;
(3) are subject to the same penalties, interest, and reasonableattorney's fees on recovery; and
(4) shall be collected and enforced;
in substantially the same manner as provided in IC 36-9-23-31through IC 36-9-23-32.
As added by P.L.1-1995, SEC.26. Amended by P.L.168-2009, SEC.1.
IC 14-33-5-21.1
Campgrounds; rates for sewage service
Sec. 21.1. (a) This section applies to a campground that:
(1) is connected with the sewage works of a district establishedfor the purpose described in IC 14-33-1-1(a)(5); or
(2) uses or is served by the sewage works of a districtestablished for the purpose described in IC 14-33-1-1(a)(5).
(b) Beginning September 1, 2009, if a campground is billed forsewage service at a flat rate under section 21(a)(1) of this chapter,the campground may instead elect to be billed for the sewage serviceunder this subsection by installing, at the campground's expense, ameter to measure the actual amount of sewage discharged by thecampground into the district's sewers. If a campground elects to bebilled by use of a meter:
(1) the rate charged by the district's board for the meteredsewage service may not exceed the rate charged to residentialcustomers for equivalent usage; and
(2) the amount charged by the board for the campground'smonthly sewage service for the period beginning September 1and ending May 31 must be equal to the greater of:
(A) the actual amount that would be charged for the sewagedischarged during the month by the campground asmeasured by the meter; or
(B) the lowest monthly charge paid by the campground forsewage service during the previous period beginning June 1and ending August 31.
(c) If a campground does not install a meter under subsection (b)and is billed for sewage service at a flat rate under section 21(a)(1)of this chapter, for a calendar year beginning after December 31,2009, each campsite at the campground may not equal more thanone-third (1/3) of one (1) resident equivalent unit. The basic monthlycharge for the campground's sewage service must be equal to thenumber of the campground's resident equivalent units multiplied bythe rate charged by the board for a resident unit.
(d) The board may impose additional charges on a campgroundunder subsections (b) and (c) if the board incurs additional costs thatare caused by any unique factors that apply to providing sewageservice for the campground, including, but not limited to:
(1) the installation of:
(A) oversized pipe; or
(B) any other unique equipment; necessary to provide sewage service for the campground; and
(2) concentrations of biochemical oxygen demand (BOD) thatexceed federal pollutant standards.
As added by P.L.168-2009, SEC.2.
IC 14-33-5-21.2
Campgrounds; sewage service rate disputes; utility regulatorycommission
Sec. 21.2. (a) As used in this section, "commission" refers to theIndiana utility regulatory commission created by IC 8-1-1-2.
(b) This section applies to an owner or operator of a campgrounddescribed in section 21.1(b) or 21.1(c) of this chapter who disputes:
(1) that the campground is being billed at rates charged toresidential customers for equivalent usage as required bysection 21.1(b)(1) of this chapter;
(2) the number of resident equivalent units determined for thecampground under section 21.1(c) of this chapter; or
(3) that any additional charges imposed on the campgroundunder section 21.1(d) of this chapter are reasonable ornondiscriminatory.
(c) If an owner or operator:
(1) makes a good faith attempt to resolve a disputed matterdescribed in subsection (b)(1) through (b)(3) through:
(A) any grievance or complaint procedure prescribed by theboard; or
(B) other negotiations with the board; and
(2) is dissatisfied with the board's proposed disposition of thematter;
the owner or operator may file with the commission a written requestfor review of the disputed matter and the board's proposeddisposition of the matter to be conducted by the commission'sappeals division established under IC 8-1-2-34.5(b). The owner oroperator must file a request under this section with the commissionand the board not later than seven (7) days after receiving notice ofthe board's proposed disposition of the matter.
(d) The commission's appeals division shall provide an informalreview of the disputed matter. The review must include a prompt andthorough investigation of the dispute. Upon request by either party,or on the division's own motion, the division shall require the partiesto attend a conference on the matter at a date, time, and placedetermined by the division.
(e) In any case in which the basic monthly charge for acampground's sewage service is in dispute, the owner or operatorshall pay, on any disputed bill issued while a review under thissection is pending, the basic monthly charge billed during the yearimmediately preceding the year in which the first disputed bill isissued. If the basic monthly charge paid while the review is pendingexceeds any monthly charge determined by the commission in adecision issued under subsection (f), the board shall refund or creditthe excess amount paid to the owner or operator. If the basic monthly
charge paid while the review is pending is less than any monthlycharge determined by the appeals division or commission in adecision issued under subsection (f), the owner or operator shall paythe board the difference owed.
(f) After conducting the review required under subsection (d), theappeals division shall issue a written decision resolving the disputedmatter. The division shall send a copy of the decision to:
(1) the owner or operator of the campground; and
(2) the board;
by United States mail. Not later than seven (7) days after receivingthe written decision of the appeals division, either party may makea written request for the dispute to be formally docketed as aproceeding before the commission. Subject to the right of either partyto an appeal under IC 8-1-3, the decision of the commission is final.
(g) The commission shall maintain a record of all requests for areview made under this section. The record must include:
(1) a copy of the appeals division's and commission's decisionunder subsection (f) for each dispute filed; and
(2) any other documents filed with the appeals division orcommission under this section.
The record must be made available for public inspection and copyingin the office of the commission during regular business hours underIC 5-14-3.
(h) The commission may adopt rules under IC 4-22-2 toimplement this section.
As added by P.L.168-2009, SEC.3.
IC 14-33-5-22
Agreements with people or entities; debt agreements
Sec. 22. (a) The board may do the following:
(1) Enter into agreement with and accept money from a federalor state agency or department.
(2) By the agreement provide the manner in which resultingdebt is evidenced, with:
(A) the term;
(B) the interest rate; and
(C) the method and time of repayment;
subject to statutes governing the federal or state agency ordepartment, without regard to other limitations of this article.
(b) The board may also enter into an agreement with a person,municipality, county, or special taxing district, whether or not theperson, municipality, county, or special taxing district is in thedistrict, for any purpose compatible with the purposes for which thedistrict exists. The municipality, county, or special taxing districtmay enter into the agreement.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-23
Gifts of money or property
Sec. 23. The board may accept gifts of money or other property to
be used for certain aspects of a general purpose for which the districtis established.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-24
Petition to enjoin or mandate board
Sec. 24. An interested person adversely affected by an actioncommitted or omitted by the board in violation of this chapter maypetition the court having jurisdiction over the district to enjoin ormandate the board.
As added by P.L.1-1995, SEC.26.