reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 16.5. Dissolution of Smaller District and Assumption of Operations, Obligations, and Assets by Larger District › 14-33-16.5-12. Election Costs Paid by Smaller District

Sec. 12. The costs of a smaller district's election held under this chapter shall be paid by the smaller district.
As added by P.L.189-2005, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 16.5. Dissolution of Smaller District and Assumption of Operations, Obligations, and Assets by Larger District › 14-33-16.5-13. Board of Smaller District; Duties After Election

Sec. 13. (a) In an election held under this chapter, if a majority of the freeholders of the smaller district votes to dissolve the smaller district, not later than sixty (60) days after the election, as the final action of the board of directors of the smaller district, the board shall:
(1) make a full and final accounting to the court having supervisory jurisdiction over the smaller district; and
(2) file all records of the smaller district with the court.
(b) If the smaller district's board of directors fails to timely comply with subsection (a), the court having supervisory jurisdiction over the smaller district shall order the board to comply or suffer a finding of contempt of court.
(c) The larger district shall take custody and control of the smaller district's operations, obligations, and assets on the earlier of:
(1) the date the smaller district's board of directors complies with subsection (a)(1); or
(2) the sixtieth day after the election.
(d) The larger district is directly responsible for payment of the smaller district's bonds or notes outstanding upon the larger district taking custody and control of the smaller district's operations, obligations, and assets.
(e) When the smaller district's board of directors complies with subsection (a), the court shall issue an order:
(1) dissolving the smaller district; and
(2) discharging the board of directors of the smaller district.
As added by P.L.189-2005, SEC.7. Amended by P.L.84-2016, SEC.79.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 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 than four hundred thousand (400,000) and less than seven hundred thousand (700,000); and
(3) where the territory of each district contains part of the same town.
[Pre-1995 Recodification Citation: 13-3-3-96.5(a).]
As added by P.L.1-1995, SEC.26. Amended by P.L.11-2023, SEC.54.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-2. Filing Petition

Sec. 2. Freeholders residing in the two (2) districts who desire the merger of the districts must initiate proceedings by filing a petition in the office of the clerk of the circuit court for the county containing the most land in the proposed merged district.
[Pre-1995 Recodification Citation: 13-3-3-96.5(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 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 section 6 of this chapter, determine whether the petition bears the necessary signatures. If the petition does not bear the necessary signatures, the court shall dismiss the petition. The court may not dismiss a petition with the requisite signatures because of alleged defects without permitting 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.
[Pre-1995 Recodification Citation: 13-3-3-96.5(c) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-4. Required Bond

Sec. 4. (a) The petitioners must post a bond sufficient to pay the cost of notice and all costs of the court connected with the petition and 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 and the election.
(c) If a merger does take place under this chapter, the costs associated with the proceedings and the election shall be paid out of the general money of the county where the court is located. The district shall repay the county from the first money collected from the levy of a tax or the collection of an assessment.
[Pre-1995 Recodification Citation: 13-3-3-96.5(c) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 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 an election in the districts on the question of merger.
[Pre-1995 Recodification Citation: 13-3-3-96.5(d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-6. Fixing Time, Place, and Date of Election

Sec. 6. Within ten (10) days after receiving a petition that has met the requirements of sections 3 through 5 of this chapter, the court shall fix a convenient place and time for the election within each district to determine if the districts should merge. The election must be held not less than thirty (30) days after the date the election is set.
[Pre-1995 Recodification Citation: 13-3-3-96.5(e).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-7. Notice

Sec. 7. The petitioners shall give notice of the time, place, and purpose for the election:
(1) by publication for two (2) consecutive weeks:
(A) with each publication of notice on the same day of each week in an English language newspaper of general circulation published in the county; or
(B) with the first publication of notice made in the newspaper described in clause (A), and the second publication of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the county; and
(2) by mail at least twenty (20) days before the date of the election, first class postage prepaid, to each freeholder who has not signed the petition and who owns land in the proposed district according to the records of the county auditor.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26. Amended by P.L.152-2021, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 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 freeholder of the district.
(C) Place the list in the permanent files of the district at the conclusion 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.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-9. Ballots

Sec. 9. The court shall prepare and furnish ballots in sufficient number, in the following form:
"Shall _____ Conservancy District and _____ Conservancy District be merged to form a single district?"
[ ] Yes                [ ] No
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 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 to conduct the election.
(2) Appoint an assistant secretary.
(3) Provide a voting list at each voting place.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-11. Hours of Election; Balloting Places

Sec. 11. The voting place must open at 9 a.m. local time and remain open for balloting continuously until 9 p.m. local time. However, if the district contains freeholds too numerous for freeholder balloting at a single voting place while allowing each freeholder a reasonable time but not exceeding two (2) minutes to cast a ballot, the court shall fix and arrange for multiple voting places as necessary to accommodate the freeholders eligible to vote.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-12. Voting Procedures

Sec. 12. (a) Before casting a vote, each freeholder must sign the list 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 financial clerk.
(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 name should be added to the list;
the clerks shall place the freeholder's name on the list and the freeholder may vote.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 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 of the election.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 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 voting period.
(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 writing over 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.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-15. Majority of Votes

Sec. 15. A majority of total votes cast in both districts determines the issue of merger of the districts.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-16. Appointment of Initial Board; Requirements

Sec. 16. (a) Notwithstanding IC 14-33-5-1 and IC 14-33-5-11, if a majority of those voting favors merger of the districts, the court shall, upon receiving certification of the results, appoint an initial board. The initial board consists of seven (7) members, with one (1) member from each of the areas of the new district established as provided 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 the area 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 a director on the board of one (1) of the two (2) districts that were merged.
(2) Two (2) directors who have had prior experience as a director on the board of the other district that was merged.
(d) The terms of the initial directors are as provided in IC 14-33-5-11.
[Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 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 by the court. Each area must contain approximately the same number of freeholders.
(b) The board consists of seven (7) members, one (1) member from each of the areas of the new district.
(c) After the appointment of the initial directors, the subsequent directors shall be elected as provided in IC 14-33-5-2 through IC 14-33-5-9, except that freeholders may vote only for the nominees representing 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 the area the director represents; and
(2) nominations for a director may only be made by the freeholders of the director's area.
[Pre-1995 Recodification Citation: 13-3-3-96.5(g).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-18. New District Plan

Sec. 18. The initial board of the merged district shall upon appointment prepare and submit a new district plan as provided in the initial formation of a single district. The same procedures provided for the initial submission of a district plan must be complied with for the submission of a district plan for a merged district.
[Pre-1995 Recodification Citation: 13-3-3-96.5(h).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-19. Court Orders Following Approval of New District Plan

Sec. 19. Effective upon approval of a new district plan, the court shall 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) single district.
(3) Order the transfer of all of the assets and obligations, including bonded indebtedness, of the merged districts to the new districts.
(4) Designate the time of the annual meeting of the merged district, which must be before March 1 each year.
[Pre-1995 Recodification Citation: 13-3-3-96.5(i).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-20. Jurisdiction

Sec. 20. The circuit court, superior court, or probate court of the county in the merged district having the most land has exclusive jurisdiction over the merger and over all further hearings in connection with the district.
[Pre-1995 Recodification Citation: 13-3-3-96.5(j).]
As added by P.L.1-1995, SEC.26. Amended by P.L.84-2016, SEC.80.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 17. Merger of Districts › 14-33-17-21. Districts Formed From Merger

Sec. 21. A district formed from the merger of two (2) districts as provided under:
(1) this chapter; or
(2) IC 13-3-3-96.5 (before its repeal);
is considered a district for purposes of this article.
[Pre-1995 Recodification Citation: 13-3-3-96.5(k).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 18. Subdistricts › 14-33-18-1. Establishment

Sec. 1. A subdistrict of land in the district may be established by the same procedure by which the original district was established. The petition shall be addressed to the court having jurisdiction over the district. A subdistrict may be established for any purpose for which a district may be established, but a subdistrict may not be established for any of the same purposes for which the district has been established.
[Pre-1995 Recodification Citation: 13-3-3-98(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 18. Subdistricts › 14-33-18-2. Director

Sec. 2. A director of the district may not also be a director of the subdistrict.
[Pre-1995 Recodification Citation: 13-3-3-98(c) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 18. Subdistricts › 14-33-18-3. Interference With District Purpose

Sec. 3. (a) The district plan under which the subdistrict operates may not interfere with the accomplishment of a purpose for which the district was established.
(b) If the board of the district determines that operations of the subdistrict interfere with the accomplishment of a purpose of the district, the board may petition the court to make necessary findings and issue necessary orders to the board of the subdistrict to stop the interference.
[Pre-1995 Recodification Citation: 13-3-3-98(b), (c) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 18. Subdistricts › 14-33-18-4. Operation, Powers, and Duties

Sec. 4. A subdistrict operates in the same manner as a district, and the board of a subdistrict has the same powers and duties.
[Pre-1995 Recodification Citation: 13-3-3-98(d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 18. Subdistricts › 14-33-18-5. Resolution Establishing Subdistrict; Procedures

Sec. 5. (a) A subdistrict also may be established under this chapter for a purpose for which the district has been established if the board passes a resolution to that effect defining the territory of the subdistrict and each purpose. The resolution must be filed in the court having jurisdiction of the district.
(b) The court shall hold a hearing after ordering notice to be given as follows:
(1) By publication at least thirty (30) days before the hearing at least one (1) time in one (1) newspaper of general circulation in each county having land in the district.
(2) By mail to each freeholder in the proposed subdistrict.
(c) If at the hearing a remonstrance against the establishment of the subdistrict is filed with the court signed by:
(1) thirty percent (30%) of the freeholders in the proposed subdistrict; or
(2) thirty percent (30%) of all freeholders in the district;
the court shall dismiss the resolution. IC 14-33-2-3 applies to the remonstrance.
(d) If the court at the hearing finds that the proposed subdistrict has a particular need for the accomplishment of the purpose proposed, the court shall establish the subdistrict for the purpose. After the court establishes the purpose, the purpose is not a purpose of the district.
[Pre-1995 Recodification Citation: 13-3-3-98(e).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 19. Levee Districts and Associations › 14-33-19-1. Applicability of Chapter

Sec. 1. This chapter applies to a levee district or levee association existing under:
(1) Acts 1911, c.127;
(2) Acts 1911, c.280;
(3) Acts 1911, c.103;
(4) Acts 1913, c.165;
(5) Acts 1917, c.105;
(6) Acts 1919, c.26;
(7) Acts 1927, c.38;
(8) Acts 1933, c.42;
(9) Acts 1937, c.42;
(10) Acts 1937, c.186;
(11) Acts 1937, c.233;
(12) Acts 1941, c.159;
(13) Acts 1947, c.284;
(14) Acts 1947, c.187;
(15) Acts 1947, c.249;
(16) Acts 1959, c.52; or
(17) Acts 1959, c.374;
all of which were repealed by IC 19-3-2-106 (recodified as IC 13-2-19.5-9 before its repeal, and later recodified as IC 14-27-3-19).
[Pre-1995 Recodification Citation: 13-3-3-102(a) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 19. Levee Districts and Associations › 14-33-19-2. Levee District or Association Becoming District

Sec. 2. A levee district or levee association may become a district under this article in accord with this chapter.
[Pre-1995 Recodification Citation: 13-3-3-102(a) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 19. Levee Districts and Associations › 14-33-19-3. Procedures to Become District

Sec. 3. The elected levee committee of a levee district or board of directors of a levee association must do the following to become a district under this article:
(1) Adopt a resolution to accept this article.
(2) File a petition in court.
[Pre-1995 Recodification Citation: 13-3-3-102(a) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 19. Levee Districts and Associations › 14-33-19-4. Filing Petition

Sec. 4. A petition filed under section 3 of this chapter must be filed as follows:
(1) For a levee district, in the court establishing the levee district.
(2) For an incorporated levee association formed under Acts 1913, c.165, in the circuit court, superior court, or probate court of the county in which the principal offices of the incorporated levee association are located.
[Pre-1995 Recodification Citation: 13-3-3-102(a) part.]
As added by P.L.1-1995, SEC.26. Amended by P.L.84-2016, SEC.81.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 19. Levee Districts and Associations › 14-33-19-5. Contents of Petition

Sec. 5. A petition filed under section 3 of this chapter must state the following:
(1) Acceptance of this article.
(2) The division of the district into areas, with the areas corresponding to the number of levee committee members or directors.
(3) The number of and names of the elected levee committee members or directors.
(4) The expiration dates of the terms of the committee members or directors.
[Pre-1995 Recodification Citation: 13-3-3-102(a) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 19. Levee Districts and Associations › 14-33-19-6. Court's Duties Upon Receipt of Petition; Notice

Sec. 6. (a) Upon receipt of a petition, the court shall do the following:
(1) Set a date for a hearing.
(2) Have a copy of the petition and notice of the time and place of the hearing given at least twenty (20) days before the hearing date as follows:
(A) By publication at least one (1) time in one (1) newspaper of general circulation in each county in which lies land affected by the levee district, levee association, or pending proceedings.
(B) By United States mail to each freeholder affected, postage prepaid, using the residence address shown on the record of transfer of the auditor of the counties involved.
(b) Proof of publication of the notice, verified by the publisher of each newspaper involved, shall be filed with the court on or before the date of hearing.
(c) The person mailing the notice to freeholders shall file an affidavit on or before the date of hearing showing the following:
(1) The names of the persons to whom notice was sent.
(2) The address to which the notice was sent.
(3) The date on which the notice was mailed.
[Pre-1995 Recodification Citation: 13-3-3-102(a) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 19. Levee Districts and Associations › 14-33-19-7. Court's Duties at Hearing

Sec. 7. At the hearing the court shall do the following:
(1) Determine the areas into which the district will be divided.
(2) Determine the date of the annual meeting of the district.
(3) Extend the terms of the levee committee members or board of directors to the annual meeting date set by the court.
[Pre-1995 Recodification Citation: 13-3-3-102(a) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 19. Levee Districts and Associations › 14-33-19-8. Annual Revenue for Maintenance and Operation

Sec. 8. Notwithstanding other provisions of this article, a levee district or levee association that constructed a levee before March 10, 1967, shall raise the annual revenue for maintenance and operation by either of the following:
(1) A combination of the following:
(A) A special benefits tax.
(B) A percentage assessment of the original assessments made and confirmed by the court in the original proceedings establishing and constructing the levee.
(2) A percentage assessment of the original assessments.
[Pre-1995 Recodification Citation: 13-3-3-102(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-1. Applicability of Chapter

Sec. 1. (a) This chapter applies only to furnishing water supply for domestic, industrial, and public use.
(b) This chapter does not apply to the accomplishment of any other purpose:
(1) for which a district has been established; or
(2) that is added to the purposes of the district after establishment.
[Pre-1995 Recodification Citation: 13-3-4-2 part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-2. "Commission" Defined

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission.
[Pre-1995 Recodification Citation: 13-3-4-1(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-3. "Water Facilities" and "Water Supply" Defined

Sec. 3. As used in this chapter, "water facilities" and "water supply" include the following:
(1) Source of supply.
(2) Treatment facilities.
(3) Purifying and storage facilities.
(4) Distribution systems.
(5) Appurtenant equipment.
(6) Materials and supplies.
(7) Land, easements, and rights-of-way.
(8) Buildings.
(9) All other facilities for the administration, operation, and maintenance of the items described in subdivisions (1) through (8).
[Pre-1995 Recodification Citation: 13-3-4-1(c).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-4. District Electing to Furnish Water Supply for Domestic, Industrial, and Public Use

Sec. 4. (a) A district established for the purpose of furnishing water supply for domestic, industrial, and public use may elect to furnish water supply under this chapter if:
(1) the district plan; or
(2) a part of or an amendment to the district plan;
so states.
(b) A district that adds the purpose of furnishing water supply for domestic, industrial, and public use may elect in the manner provided by subsection (a) to furnish water supply under this chapter.
[Pre-1995 Recodification Citation: 13-3-4-2 part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-5. District as Legal Entity

Sec. 5. (a) A district electing to come under this chapter is considered, with regard to activities relating to furnishing water supply for domestic, industrial, and public use, to be a legal entity for the following purposes:
(1) Contracting with individuals, associations, corporations, municipal corporations, conservancy districts, the state, and the United States for the acquisition of property.
(2) The borrowing of money, including security for indebtedness so incurred.
(3) The purchase and sale of water.
(b) A district:
(1) may sue and be sued for the purposes described in subsection (a); and
(2) has the rights and powers granted by this article to the extent consistent with this chapter.
[Pre-1995 Recodification Citation: 13-3-4-3.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-6. Territorial Authority

Sec. 6. An order of the court:
(1) establishing a district; or
(2) adding the purpose of furnishing water supply for domestic, industrial, and public use;
grants to the district territorial authority to provide the service of water supply within the district. Territorial authority includes the power to acquire, maintain, and operate a source of water outside the district.
[Pre-1995 Recodification Citation: 13-3-4-4(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-7. Supplying Water Outside Territorial Authority

Sec. 7. If a district proposes in:
(1) the district plan;
(2) a part of or an amendment to the district plan; or
(3) implementation of the district plan;
to provide water supply to users outside of the territory to which the district has been granted territorial authority, the district must petition the commission for territorial authority to serve the additional users.
[Pre-1995 Recodification Citation: 13-3-4-4(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-8. Commission Setting Hearing; Notice

Sec. 8. Upon the filing of a petition with the commission under section 7 of this chapter, the commission shall do the following:
(1) Set the petition for public hearing.
(2) Give notice of the time and place of the hearing by publication one (1) time in at least one (1) newspaper printed and published in each county in which the district proposes to carry on operations relating to furnishing water supply. The publication must be at least ten (10) days before the date set for hearing. The district shall pay the cost of the publication at the time of filing the petition.
[Pre-1995 Recodification Citation: 13-3-4-4(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-9. Opposing Petition

Sec. 9. Any interested person may:
(1) appear at the hearing under section 8 of this chapter either in person or by attorney; and
(2) oppose the petition.
[Pre-1995 Recodification Citation: 13-3-4-4(b) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-10. Commission's Findings After Hearing

Sec. 10. (a) The commission shall, after hearing the evidence introduced at the hearing under section 8 of this chapter, enter a finding that the convenience and necessity of the public proposed to be served in the area in which the additional users are located:
(1) will; or
(2) will not;
be served by the district.
(b) If the finding is in the affirmative, the commission shall enter an order granting territorial authority for the area. The district shall attach a copy of the order to:
(1) the district plan; or
(2) a part of, an amendment to, or the implementation of the district plan;
before the district plan is submitted for approval.
(c) If the finding is in the negative, the commission shall enter an order denying the approval to serve the additional users in the area.
[Pre-1995 Recodification Citation: 13-3-4-4(c).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-11. Municipality or Public Utility Supplying Water

Sec. 11. If:
(1) a district is established for the purpose of furnishing water supply for domestic, industrial, and public use or that purpose is added to a district; and
(2) there is within the boundaries of the district a municipality or public utility providing water supply to part of the territory within the boundaries;
the order of the court establishing the district or adding that purpose is territorial authority only for that territory within the boundaries not served by the municipality or public utility.
[Pre-1995 Recodification Citation: 13-3-4-4(d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-12. Supplying Water to Additional Users Outside Territorial Boundaries; Jurisdiction; Expenses

Sec. 12. (a) IC 14-33-4-2 does not apply to the addition of territory to a district in any county for the purpose of supplying water to additional users outside the territorial boundaries of the district. The commission has exclusive jurisdiction over the granting to a district of territorial authority to serve additional water users.
(b) For the purposes of:
(1) granting territorial authority to a district to serve additional water users under subsection (a); and
(2) exercising the commission's jurisdiction for changes in the rates and charges of a district under section 14 of this chapter;
the commission shall recoup its expenses under IC 8-1-2-70. For purposes of this subsection, a district that has the purpose of water supply and that operates under this chapter is considered a municipal utility.
[Pre-1995 Recodification Citation: 13-3-4-4(e), (f).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-13. Reasonable and Just Charges for Services; Rates

Sec. 13. (a) A district coming under this chapter shall furnish reasonably adequate services and facilities. The charge made by the district for a service provided or to be provided, either directly or indirectly, must be nondiscriminatory, reasonable, and just. Every discriminatory, unjust, or unreasonable charge for service is unlawful. A reasonable and just charge for services is a charge that produces sufficient revenue to pay all the legal and other necessary expenses incident to the operation of the water facilities:
(1) including maintenance costs, operating charges, upkeep, repairs, and interest charges on bonds, notes, or other evidences of indebtedness;
(2) providing a sinking fund for the liquidation of bonds, notes, or other evidence of indebtedness;
(3) providing adequate money to be used as working capital, as well as money for making extensions and replacements; and
(4) paying taxes, if any, that are assessed against the water facilities.
(b) The rates may include a reasonable profit on the investment, so that the charges produce an income sufficient to maintain the water facilities in a sound physical and financial condition to provide adequate and efficient service. A rate too low to meet these requirements is unlawful.
(c) A district and the district's board, officers, and employees:
(1) shall enforce the collection of the rates and charges; and
(2) if necessary, may discontinue water service to a water user for the nonpayment of rates and charges.
(d) A district shall make a charge against the property in the district for fire protection furnished by the water facilities, separate from rates and charges for water supplied to users. The receipts from fire protection charges are considered revenues of the water facilities.
[Pre-1995 Recodification Citation: 13-3-4-5.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-14. Schedule of Rates and Charges; Regulation

Sec. 14. A district coming under this chapter shall file the initial schedule of rates and charges to patrons of the district with the commission. If changes in rates and charges are necessary, the district is subject to the jurisdiction of the commission in the same manner as provided by statute for the regulation of rates and charges of municipal water utilities.
[Pre-1995 Recodification Citation: 13-3-4-6.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-15. "Net Revenues" Defined

Sec. 15. (a) As used in this section, "net revenues" means gross revenues less the reasonable cost of operation and maintenance.
(b) A district coming under this chapter may pay the costs, including incidental expenses, of constructing or otherwise acquiring all the works of improvement necessary to furnish water supply for domestic, industrial, and public use by issuing bonds, notes, or other evidences of indebtedness to be payable from revenues in the manner provided by this article. The bonds, notes, or other evidences of indebtedness of the district for water purposes are payable solely from the net revenues of the water facilities. All bonds, notes, contracts, warrants, debentures, and pledges entered into by a district for the purposes of:
(1) this chapter; or
(2) IC 13-3-4 (before its repeal);
do not constitute an obligation payable from the collection of a special benefits tax.
[Pre-1995 Recodification Citation: 13-3-4-7.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-16. Resolution Authorizing Bonds, Notes, or Other Evidences of Indebtedness

Sec. 16. All bonds, notes, or other evidences of indebtedness payable from revenues may be authorized only by resolution of the board. The resolution, as well as the bonds, notes, or other evidences of indebtedness issued under the resolution, is a contract with all holders of the bonds, notes, or other evidences of indebtedness.
[Pre-1995 Recodification Citation: 13-3-4-8(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-17. Requirements for Bonds, Notes, or Other Evidences of Indebtedness

Sec. 17. (a) All bonds, notes, or other evidences of indebtedness that are authorized by the resolution must be in one (1) or more series and may:
(1) bear the date;
(2) mature at a time not exceeding fifty (50) years from the date of issuance;
(3) bear interest at any rate;
(4) be in a denomination;
(5) be in a form, either coupon or registered;
(6) carry registration and conversion privileges;
(7) be executed in the manner;
(8) be payable in the medium of payment, at the place;
(9) be subject to terms of redemption, with or without a premium;
(10) be declared or become due before the maturity date;
(11) provide for the replacement of mutilated, destroyed, stolen, or lost bonds, notes, or other evidences of indebtedness;
(12) be authenticated in a manner and upon compliance with conditions; and
(13) contain other terms and covenants;
that are provided by resolution of the board.
(b) Notwithstanding the form or tenor, and in the absence of an express recital on the face that the bond, note, or other evidence of indebtedness is nonnegotiable, the bonds, notes, or other evidences of indebtedness are negotiable instruments for all purposes.
[Pre-1995 Recodification Citation: 13-3-4-8(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-18. Execution of Bonds, Notes, or Other Evidences of Indebtedness; Valid and Binding Obligations

Sec. 18. (a) The bonds, notes, or other evidences of indebtedness shall be executed in the name of the district by the chairman of the board and attested by the secretary. Interest coupons may be executed by placing the facsimile signature of the chairman on the coupons.
(b) The bonds, notes, or other evidences of indebtedness are valid and binding obligations of the district for all purposes provided by this chapter and in the resolution, even if before delivery any of the persons whose signatures appear on the bonds, notes, or other evidences of indebtedness have ceased to be officers of the district.
[Pre-1995 Recodification Citation: 13-3-4-8(c) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-19. Validity of Authorization and Issuance of Bonds, Notes, or Other Evidences of Indebtedness

Sec. 19. The validity of the authorization and issuance of the bonds, notes, or other evidences of indebtedness is not dependent on or affected in any way by the following:
(1) Proceedings taken for the improvement for which the bonds, notes, or other evidences of indebtedness are to be issued.
(2) Contracts made in connection with the improvement.
[Pre-1995 Recodification Citation: 13-3-4-8(c) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-20. Recital of Authority of Bond, Note, or Other Evidence of Indebtedness

Sec. 20. A resolution authorizing bonds, notes, or other evidences of indebtedness payable from revenues must provide that a bond, note, or other evidence of indebtedness payable from revenues contain a recital that the bond, note, or other evidence of indebtedness is issued under this article or under IC 13-3-3 (before its repeal). A bond, note, or other evidence of indebtedness containing the recital under authority of such a resolution is conclusively considered:
(1) to be valid; and
(2) to have been issued in conformity with this article or IC 13-3 (before its repeal).
[Pre-1995 Recodification Citation: 13-3-4-8(c) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-21. Sale of Bonds, Notes, or Other Evidences of Indebtedness

Sec. 21. The bonds, notes, or other evidences of indebtedness payable from revenues:
(1) shall, except as provided in subdivision (4), be sold at public sale as provided by general statutes concerning the sale of bonds;
(2) may be sold at different times or an entire issue or series may be sold at one (1) time;
(3) may be sold:
(A) in part; or
(B) in part in installments at different times or at one (1) time; and
(4) may be sold or issued to the United States or the state without a public offering.
[Pre-1995 Recodification Citation: 13-3-4-8(d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-22. Bonds, Notes, or Other Evidences of Indebtedness Equally and Ratably Secured by Lien

Sec. 22. All bonds, notes, or other evidences of indebtedness of the same issue shall be equally and ratably secured, without priority because of:
(1) number or date of issue;
(2) sale;
(3) execution; or
(4) delivery;
by a lien upon the revenues in accordance with this chapter and the resolution authorizing issuance.
[Pre-1995 Recodification Citation: 13-3-4-8(e) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-23. Constitutionally Restricted Bonds or Debts Not Authorized

Sec. 23. This chapter does not authorize the board to do anything that would result in the creation of an instrument that constitutes a bond or debt within the meaning of the constitutional restriction relating to:
(1) the creation or incurring of a debt or indebtedness; or
(2) the issuance of an instrument constituting a bond or debt.
[Pre-1995 Recodification Citation: 13-3-4-8(e) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-24. Restrictions on Bonds, Notes, or Other Evidences of Indebtedness

Sec. 24. (a) The bonds, notes, or other evidences of indebtedness, including interest, are not any of the following:
(1) A debt of the district or the board.
(2) A charge, lien, or encumbrance, legal or equitable, upon:
(A) property of the district; or
(B) income, receipts, or revenues of the district other than the revenues of the water facilities that have been pledged to payment.
(b) Every bond, note, or other evidence of indebtedness must recite in substance the following:
(1) That the bond, note, or other evidence of indebtedness, including interest, is payable solely from the revenues pledged to payment.
(2) That the board is not under an obligation to pay the bond, note, or other evidence of indebtedness except from those revenues.
[Pre-1995 Recodification Citation: 13-3-4-8(f) part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 20. Water Supply Systems › 14-33-20-25. Bonds, Notes, or Other Evidences of Indebtedness Issued for Refunding Other Indebtedness

Sec. 25. Bonds, notes, or other evidences of indebtedness may be issued for refunding outstanding bonds, notes, or other evidences of indebtedness of the district in the discretion of the board. However, refunding may not contradict the terms of a resolution that the board has passed authorizing the issuance of bonds, notes, or other evidence of indebtedness sought to be refunded.
[Pre-1995 Recodification Citation: 13-3-4-8(f) part.]
As added by P.L.1-1995, SEC.26.