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 initiated
only by a petition filed with the department. A copy of the petition
shall also be filed not later than ten (10) days after the filing with the
department in the office of the executive of each governmental entity
having 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 the
fiscal body of the petitioning eligible entity or entities included in the
plan 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 of
natural resources;
the petition may be joined or filed by any representative of that
department after having been authorized by the natural resources
commission, with the approval of the executive of the county
containing 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 must
state the following:
(1) The proposed name of the district.
(2) The place in which the district's principal office is to be
located.
(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 specific
statement of how:
(i) water supply, for a water district;
(ii) sewage collection, disposal, and treatment, for a
sewage district; or
(iii) solid waste disposal, recovery, or treatment, for a
solid waste district;
is currently being provided.
(D) Whether there is any outstanding indebtedness for the
purpose proposed in the proposed district, including a
statement as to how the current situation creates or adds to
pollution or health hazards or impedes development in the
area.
(4) An accurate description of the territory to be included in the
district, which does not have to be given by metes and bounds
or by legal subdivisions. The territory does not have to be
contiguous, but the territory must be so situated that the public
health, safety, convenience, or welfare will be promoted by the
establishment 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 the
district until the district is in receipt of revenue from the
district'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 under
this chapter, the department shall determine whether the petition
complies with the requirements of this chapter as to form and
content. The department:
(1) may not declare a petition void because of alleged defects;
and
(2) may, in subsequent proceedings at any time, permit the
petition 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 sufficient
petition has been filed in accordance with this chapter, the
commissioner shall appoint a hearing officer, who does not have to
be a state employee. If the hearing officer is not a full-time state
employee, 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 or
hearing or in performance of duties. The reasonable per diem and
expenses 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, the
hearing officer shall fix a time and place inside or within ten (10)
miles of the proposed district for the hearing on any matter for which
a hearing is authorized under this chapter.
(b) The hearing officer shall make a reasonable effort to provide
notice 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 general
circulation in each of the counties, in whole or in part, in the
district. The publication of notice must, at a minimum, include
a legal notice and a prominently displayed three (3) inches by
five (5) inches advertisement.
(2) By certified mail, return receipt requested, mailed at least
two (2) weeks before the hearing to the following:
(A) The fiscal and executive bodies of each county with
territory in the proposed district.
(B) The executive of all other eligible entities with territory
in the proposed district.
(C) The state and any of its agencies owning, controlling, or
leasing land within the proposed district, excluding
highways and public thoroughfares owned or controlled by
the Indiana department of transportation.
(D) Each sewage disposal company holding a certificate of
territorial authority under IC 8-1-2-89 respecting territory in
the proposed district.
(3) By making a reasonable effort to provide notice of the
hearing by regular United States mail, postage prepaid, mailed
at least two (2) weeks before the hearing to each freeholder
within the proposed district.
(4) By including the date on which the hearing is to be held and
a brief description of:
(A) the subject of the petition, including a description of the
general boundaries of the area to be included in the proposed
district; and
(B) the locations where copies of the petition are available
for 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 or
partially resides or lies in an area affected by the establishment of a
district:
(1) may, on or before the date set for the cause to be heard, file
a written objection to the granting of the requests made in the
petition; 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 establishment
of the proposed district, which may be adjourned periodically, the
hearing officer shall make findings on the petition and other relevant
facts 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, the
recommendation 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 may
not include territory in a municipality that has, by ordinance or
resolution filed with the department, exercised the option not to be
included 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 a
petition, the commissioner may waive the requirement for notice and
hearing provided in section 6 of this chapter.
(b) If the commissioner waives the notice and hearing
requirement, the hearing officer shall give written notice by certified
mail under section 6 of this chapter. Each recipient of notice has
thirty (30) days from the mailing of the notice within which to file
objections or material with the hearing officer.
(c) The hearing officer shall then proceed to make findings and
recommendations as provided in section 8 of this chapter, based upon
any material:
(1) received by the hearing officer; or
(2) obtained at the hearing officer's discretion through the
hearing 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 show
that the establishment of a recommended district:
(1) complies with the conditions of this chapter for
establishment 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 be
established as an independent municipal corporation with a name and
for the purposes designated in the order.
(b) An order must do the following:
(1) Provide for the selection or appointment and terms of
offices, 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 the
district.
(3) If an eligible entity with territory in the district has a public
water or solid waste sewer system, contain provisions
protecting the investments of the entities and protecting the
rights of the holders of bonds or other obligations issued to
provide money for the system.
(4) Direct the district to file a detailed plan for the initial project
of the district not later than nine (9) months after the date of the
preliminary order or within a further time that the department
from 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 to
review as provided in IC 4-21.5-5. As added by P.L.1-1996, SEC.16.
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 initiated
only by a petition filed with the department. A copy of the petition
shall also be filed not later than ten (10) days after the filing with the
department in the office of the executive of each governmental entity
having 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 the
fiscal body of the petitioning eligible entity or entities included in the
plan 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 of
natural resources;
the petition may be joined or filed by any representative of that
department after having been authorized by the natural resources
commission, with the approval of the executive of the county
containing 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 must
state the following:
(1) The proposed name of the district.
(2) The place in which the district's principal office is to be
located.
(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 specific
statement of how:
(i) water supply, for a water district;
(ii) sewage collection, disposal, and treatment, for a
sewage district; or
(iii) solid waste disposal, recovery, or treatment, for a
solid waste district;
is currently being provided.
(D) Whether there is any outstanding indebtedness for the
purpose proposed in the proposed district, including a
statement as to how the current situation creates or adds to
pollution or health hazards or impedes development in the
area.
(4) An accurate description of the territory to be included in the
district, which does not have to be given by metes and bounds
or by legal subdivisions. The territory does not have to be
contiguous, but the territory must be so situated that the public
health, safety, convenience, or welfare will be promoted by the
establishment 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 the
district until the district is in receipt of revenue from the
district'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 under
this chapter, the department shall determine whether the petition
complies with the requirements of this chapter as to form and
content. The department:
(1) may not declare a petition void because of alleged defects;
and
(2) may, in subsequent proceedings at any time, permit the
petition 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 sufficient
petition has been filed in accordance with this chapter, the
commissioner shall appoint a hearing officer, who does not have to
be a state employee. If the hearing officer is not a full-time state
employee, 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 or
hearing or in performance of duties. The reasonable per diem and
expenses 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, the
hearing officer shall fix a time and place inside or within ten (10)
miles of the proposed district for the hearing on any matter for which
a hearing is authorized under this chapter.
(b) The hearing officer shall make a reasonable effort to provide
notice 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 general
circulation in each of the counties, in whole or in part, in the
district. The publication of notice must, at a minimum, include
a legal notice and a prominently displayed three (3) inches by
five (5) inches advertisement.
(2) By certified mail, return receipt requested, mailed at least
two (2) weeks before the hearing to the following:
(A) The fiscal and executive bodies of each county with
territory in the proposed district.
(B) The executive of all other eligible entities with territory
in the proposed district.
(C) The state and any of its agencies owning, controlling, or
leasing land within the proposed district, excluding
highways and public thoroughfares owned or controlled by
the Indiana department of transportation.
(D) Each sewage disposal company holding a certificate of
territorial authority under IC 8-1-2-89 respecting territory in
the proposed district.
(3) By making a reasonable effort to provide notice of the
hearing by regular United States mail, postage prepaid, mailed
at least two (2) weeks before the hearing to each freeholder
within the proposed district.
(4) By including the date on which the hearing is to be held and
a brief description of:
(A) the subject of the petition, including a description of the
general boundaries of the area to be included in the proposed
district; and
(B) the locations where copies of the petition are available
for 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 or
partially resides or lies in an area affected by the establishment of a
district:
(1) may, on or before the date set for the cause to be heard, file
a written objection to the granting of the requests made in the
petition; 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 establishment
of the proposed district, which may be adjourned periodically, the
hearing officer shall make findings on the petition and other relevant
facts 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, the
recommendation 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 may
not include territory in a municipality that has, by ordinance or
resolution filed with the department, exercised the option not to be
included 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 a
petition, the commissioner may waive the requirement for notice and
hearing provided in section 6 of this chapter.
(b) If the commissioner waives the notice and hearing
requirement, the hearing officer shall give written notice by certified
mail under section 6 of this chapter. Each recipient of notice has
thirty (30) days from the mailing of the notice within which to file
objections or material with the hearing officer.
(c) The hearing officer shall then proceed to make findings and
recommendations as provided in section 8 of this chapter, based upon
any material:
(1) received by the hearing officer; or
(2) obtained at the hearing officer's discretion through the
hearing 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 show
that the establishment of a recommended district:
(1) complies with the conditions of this chapter for
establishment 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 be
established as an independent municipal corporation with a name and
for the purposes designated in the order.
(b) An order must do the following:
(1) Provide for the selection or appointment and terms of
offices, 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 the
district.
(3) If an eligible entity with territory in the district has a public
water or solid waste sewer system, contain provisions
protecting the investments of the entities and protecting the
rights of the holders of bonds or other obligations issued to
provide money for the system.
(4) Direct the district to file a detailed plan for the initial project
of the district not later than nine (9) months after the date of the
preliminary order or within a further time that the department
from 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 to
review as provided in IC 4-21.5-5. As added by P.L.1-1996, SEC.16.
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 initiated
only by a petition filed with the department. A copy of the petition
shall also be filed not later than ten (10) days after the filing with the
department in the office of the executive of each governmental entity
having 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 the
fiscal body of the petitioning eligible entity or entities included in the
plan 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 of
natural resources;
the petition may be joined or filed by any representative of that
department after having been authorized by the natural resources
commission, with the approval of the executive of the county
containing 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 must
state the following:
(1) The proposed name of the district.
(2) The place in which the district's principal office is to be
located.
(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 specific
statement of how:
(i) water supply, for a water district;
(ii) sewage collection, disposal, and treatment, for a
sewage district; or
(iii) solid waste disposal, recovery, or treatment, for a
solid waste district;
is currently being provided.
(D) Whether there is any outstanding indebtedness for the
purpose proposed in the proposed district, including a
statement as to how the current situation creates or adds to
pollution or health hazards or impedes development in the
area.
(4) An accurate description of the territory to be included in the
district, which does not have to be given by metes and bounds
or by legal subdivisions. The territory does not have to be
contiguous, but the territory must be so situated that the public
health, safety, convenience, or welfare will be promoted by the
establishment 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 the
district until the district is in receipt of revenue from the
district'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 under
this chapter, the department shall determine whether the petition
complies with the requirements of this chapter as to form and
content. The department:
(1) may not declare a petition void because of alleged defects;
and
(2) may, in subsequent proceedings at any time, permit the
petition 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 sufficient
petition has been filed in accordance with this chapter, the
commissioner shall appoint a hearing officer, who does not have to
be a state employee. If the hearing officer is not a full-time state
employee, 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 or
hearing or in performance of duties. The reasonable per diem and
expenses 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, the
hearing officer shall fix a time and place inside or within ten (10)
miles of the proposed district for the hearing on any matter for which
a hearing is authorized under this chapter.
(b) The hearing officer shall make a reasonable effort to provide
notice 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 general
circulation in each of the counties, in whole or in part, in the
district. The publication of notice must, at a minimum, include
a legal notice and a prominently displayed three (3) inches by
five (5) inches advertisement.
(2) By certified mail, return receipt requested, mailed at least
two (2) weeks before the hearing to the following:
(A) The fiscal and executive bodies of each county with
territory in the proposed district.
(B) The executive of all other eligible entities with territory
in the proposed district.
(C) The state and any of its agencies owning, controlling, or
leasing land within the proposed district, excluding
highways and public thoroughfares owned or controlled by
the Indiana department of transportation.
(D) Each sewage disposal company holding a certificate of
territorial authority under IC 8-1-2-89 respecting territory in
the proposed district.
(3) By making a reasonable effort to provide notice of the
hearing by regular United States mail, postage prepaid, mailed
at least two (2) weeks before the hearing to each freeholder
within the proposed district.
(4) By including the date on which the hearing is to be held and
a brief description of:
(A) the subject of the petition, including a description of the
general boundaries of the area to be included in the proposed
district; and
(B) the locations where copies of the petition are available
for 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 or
partially resides or lies in an area affected by the establishment of a
district:
(1) may, on or before the date set for the cause to be heard, file
a written objection to the granting of the requests made in the
petition; 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 establishment
of the proposed district, which may be adjourned periodically, the
hearing officer shall make findings on the petition and other relevant
facts 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, the
recommendation 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 may
not include territory in a municipality that has, by ordinance or
resolution filed with the department, exercised the option not to be
included 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 a
petition, the commissioner may waive the requirement for notice and
hearing provided in section 6 of this chapter.
(b) If the commissioner waives the notice and hearing
requirement, the hearing officer shall give written notice by certified
mail under section 6 of this chapter. Each recipient of notice has
thirty (30) days from the mailing of the notice within which to file
objections or material with the hearing officer.
(c) The hearing officer shall then proceed to make findings and
recommendations as provided in section 8 of this chapter, based upon
any material:
(1) received by the hearing officer; or
(2) obtained at the hearing officer's discretion through the
hearing 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 show
that the establishment of a recommended district:
(1) complies with the conditions of this chapter for
establishment 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 be
established as an independent municipal corporation with a name and
for the purposes designated in the order.
(b) An order must do the following:
(1) Provide for the selection or appointment and terms of
offices, 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 the
district.
(3) If an eligible entity with territory in the district has a public
water or solid waste sewer system, contain provisions
protecting the investments of the entities and protecting the
rights of the holders of bonds or other obligations issued to
provide money for the system.
(4) Direct the district to file a detailed plan for the initial project
of the district not later than nine (9) months after the date of the
preliminary order or within a further time that the department
from 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 to
review as provided in IC 4-21.5-5. As added by P.L.1-1996, SEC.16.
