§ 14-33-16.5-6 — Election requirements; publication of notice

Indiana § 14-33-16.5-6

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

Text

(a) Not later than ten (10) days after receipt
of a notice under section 5 of this chapter, the board of directors of the
smaller district shall fix the following:
(1) A convenient and suitable place for the smaller district's
election.
(2) The date for the election that is at least sixty (60) days after
the date on which the county auditor notifies the smaller district's
board under section 5 of this chapter.
(b) The voting place must open at 9 a.m. local time and remain open
for balloting continuously until 9 p.m. local time. If the number of
freeholders in the smaller district is too great for balloting at a single
voting place while allowing each freeholder a reasonable time to cast
a ballot, the board shall arrange for the number of voting places
necessary to accommodate the freeholders eligible to vote.
(c) Notice of the date, time, place, and purpose of the election must
be given for two (2) consecutive weeks:
(1) with each publication of notice in an English language
newspaper of general circulation published in each county having
land in the smaller district; or
(2) with the first publication of notice in the newspaper or
newspapers described in subdivision (1), and the second
publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the smaller district.
The last publication may not be less than fifteen (15) days and not more
than thirty (30) days before the date of the election.
(d) The board of directors of the smaller district shall also cause
individual notice of the election to be given to all the smaller district's
freeholders by first class mail.
(e) The notice published under subsection (c) and the individual
freeholder notice mailed under subsection (d) must be in the following
form:
1. You are a freeholder (i.e. a real property owner) of the
_______________ (insert smaller district) Conservancy District. As a
freeholder, you are one of the owners of the _______________ (insert
smaller district) Conservancy District.
2. A legally required number of the freeholders of the
_______________ (insert smaller district) Conservancy District has
filed a petition with the _______________ (insert county name)
County Auditor requesting that the _______________ (insert smaller
district) Conservancy District be dissolved, and that the operation,
obligations, and assets of the _____________ (insert smaller district)
Conservancy District be assumed by the _____________ (insert larger
district) Conservancy District.
3. The _______________ (insert larger district) Conservancy District
is contiguous to, has the same purpose as, and has a greater number of
freeholders than the _______________ (insert smaller district)
Conservancy District.
4. The Board of Directors of the _______________ (insert larger
district) Conservancy District has passed a resolution stating:
A. That the _______________ (insert larger district) Conservancy
District is willing to assume the operation, obligations, and assets
of the _______________ (insert smaller district) Conservancy
District; and
B. That upon becoming part of the _______________ (insert
larger district) Conservancy District, the freeholders of the
_______________ (insert smaller district) Conservancy District
will become full and equal freeholders of the _______________
(insert larger district) Conservancy District and be subject to and
pay the same special benefits taxes and user charges generally
charged by the (insert larger district) Conservancy District.
5. An election of the freeholders of the _______________ (insert
smaller district) Conservancy District is set for the day of
___________, ____, from 9:00 a.m. to 9:00 p.m., at the following
location(s): __________________.
6. The question presented for the election is whether the
_______________ (insert smaller district) Conservancy District should
be dissolved, and whether the _______________ (insert larger district)
Conservancy District should assume the operations, obligations, and
assets of the ________________ (insert smaller district) Conservancy
District.
7. A majority of the votes cast at the election will determine the
question of whether the _______________ (insert smaller district)
Conservancy District should be dissolved, and whether the
_______________ (insert larger district) Conservancy District should
assume the operations, obligations, and assets of the _______________
(insert smaller district) Conservancy District.
8. As a freeholder of the _______________ (insert smaller district)
Conservancy District, you are entitled to and encouraged to vote at the
election.
/ss/ Board of Directors, _______________
(insert smaller district) Conservancy District
(f) If the board of directors of the smaller district fails to hold the
election as required by this chapter, the county auditor of the county in
which the smaller district's petition was filed shall:
(1) conduct the election as required by this chapter; and
(2) bill the board of directors of the smaller district for the county
auditor's costs incurred for the election.
(g) The board of directors of the smaller district shall promptly pay
a bill submitted to the smaller district under subsection (f).

Legislative History

As added by P.L.189-2005, SEC.7. Amended by P.L.152-2021, SEC.22.