§ 14-33-16.5-4 — County auditor; certification of petition; board resolution

Indiana § 14-33-16.5-4

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 16.5: Dissolution of Smaller District and Assumption of

Text

(a) Not later than thirty (30) days after a
petition is filed with the county auditor under section 3 of this chapter,
the county auditor shall:
(1) prepare and certify a list of freeholders of the smaller district;
(2) make the list available for inspection by any person; and
(3) determine and certify whether the petition:
(A) was signed by the number of freeholders required under
section 3(a) of this chapter; and
(B) otherwise meets the requirements of this chapter.
(b) A deficiency in the list of the smaller district's freeholders or an
omission of the name of a freeholder does not void the election or the
election's outcome.
(c) If the county auditor determines that a petition filed under
section 3 of this chapter meets the requirements of this chapter, the
auditor shall, not later than forty (40) days after receiving the petition,
forward a notice to the board of directors of the larger district by
personal delivery or by certified mail. The notice must:
(1) inform the larger district that a petition was filed under section
3 of this chapter by the freeholders of the smaller district; and
(2) ask if the larger district is willing and able to assume the
smaller district's operation, obligations, and assets if the smaller
district's freeholders vote to dissolve the smaller district.
(d) Not later than thirty (30) days after receiving the notice from the
county auditor under subsection (c), the board of directors of the larger
district may pass a resolution stating that:
(1) the larger district is willing and able to assume the smaller
district's operation, obligations, and assets; and
(2) upon becoming part of the larger district, the freeholders of
the smaller district will:
(A) become full and equal freeholders of the larger district; and
(B) pay the same special benefits taxes and user charges
generally charged by the larger district.
(e) If the board of directors of the larger district passes a timely
resolution under subsection (d):
(1) the board of directors of the larger district must forward a true
and accurate copy of the resolution to the county auditor by
personal delivery or by certified mail not later than ten (10)
business days after the board passes the resolution; and
(2) the board of directors of the smaller district must hold a
dissolution and assumption election of the smaller district's
freeholders under this chapter.
(f) If the board of directors of the larger district:
(1) does not pass a timely resolution under subsection (d); or
(2) passes a timely resolution under subsection (d), but does not
timely forward a copy of the resolution under subsection (e)(1);
the dissolution proceedings that began with the filing of a petition
under section 3 of this chapter are ended.

Legislative History

As added by P.L.189-2005, SEC.7.