reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 10. Assessments › 14-33-10-3. Installment Payments

Sec. 3. (a) An assessment not paid in full shall be paid in annual installments over the time commensurate with the term of the bond issue or other financing determined by resolution adopted by the board. Interest shall be charged on the unpaid balance at the same rate per year as the interest charged on delinquent property tax payments under IC 6-1.1-37-9(b). All payments of installments, interest, and penalties shall be entered on the assessment roll in the office of the district.
(b) Upon payment in full of the assessment, including interest and penalties, the board shall have the lien released and satisfied on the records in the office of the recorder of the county in which the real property assessed is located.
(c) The procedure for collecting assessments for maintenance and operation is the same as for the original assessment, except that the assessments may not be paid in installments.
[Pre-1995 Recodification Citation: 13-3-3-79.]
As added by P.L.1-1995, SEC.26. Amended by P.L.67-2006, SEC.13; P.L.113-2010, SEC.96.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 10. Assessments › 14-33-10-4. Delinquent Tax or Assessment

Sec. 4. (a) An assessment is a lien on the real property assessed equal to taxes levied on the property. If an installment of an assessment is not paid when due, the real property is subject to the same rate of interest and penalty as is provided by statute for delinquent taxes. If an installment or assessment is not paid in the amount and at the time when due, the board shall prepare, certify, and file with the auditor of the county in which the real property assessed is located the amount of the assessment against the real property with the default in payment.
(b) The county auditor shall place the amount, together with interest and penalty, upon the tax duplicate to be collected as state and county taxes are collected at the next date for the semiannual payment of taxes. If the assessment, interest, and penalty are not paid at that time, the real property is subject to sale as is provided by statute for the sale of real property on which there are delinquent taxes. Upon the sale the proceeds shall be prorated equally among the assessment and any delinquent taxes. A sale for a delinquent tax or delinquent assessment does not extinguish the assessment.
[Pre-1995 Recodification Citation: 13-3-3-80.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-1. Purpose of Bonds

Sec. 1. The board may issue bonds to pay the following:
(1) The cost of the works that are provided in the district plan.
(2) Necessary engineering, legal, and administrative fees.
(3) The repayment or refinancing of a loan.
[Pre-1995 Recodification Citation: 13-3-3-81 part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-2. Total Amount of Bonds

Sec. 2. The total amount of bonds issued may not exceed the cost less the following:
(1) Money on hand from the collection of assessments.
(2) Money on hand or obligated to the district by the state or federal government.
[Pre-1995 Recodification Citation: 13-3-3-81 part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-3. Method of Issuance

Sec. 3. Bonds may be issued by either of the following methods:
(1) Solely against the revenues expected to be produced by the operation of the district. The board may make proper contractual arrangements to pay the bonds from the net revenues produced.
(2) Against the real property of the district in anticipation of the collection of special benefits taxes. Bonds issued against the real property of the district may be paid in part:
(A) by revenues derived from reasonable charges for services or property produced incident to the operation of the district; or
(B) from the collection of assessments for exceptional benefits.
[Pre-1995 Recodification Citation: 13-3-3-81 part.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-4. Payment of Bonds

Sec. 4. (a) Revenue bonds issued for the payment of works of improvement for the collection, treatment, and disposal of sewage and other liquid wastes may provide that the principal and interest shall be paid:
(1) solely from the net revenue of the sewage works, which is gross revenues after deduction only for the reasonable expenses of operation and maintenance; or
(2) from a combination of net revenue and other money available to a district by:
(A) levy;
(B) special benefits taxes; or
(C) assessment of exceptional benefits.
(b) The board may covenant with the holders of the bonds to pay:
(1) a certain percentage of principal and interest from the revenue;
(2) a certain percentage from the other money to maintain a reasonable reserve from the other money that may be used for payment of principal and interest if the revenue is not sufficient; or
(3) both.
[Pre-1995 Recodification Citation: 13-3-3-82.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-5. Restrictions in Issuance

Sec. 5. (a) Bonds:
(1) may be issued in any denomination;
(2) may bear interest at any rate, with interest payable on January 1 and July 1;
(3) shall be issued in not less than ten (10) series and not more than fifty (50) series; and
(4) are payable, one (1) series each year, beginning on January 1 of the second year following the date of issue and subject to the following:
(A) If the bond issue is authorized in a year after the regular levymaking period, the first series matures on January 1 of the third succeeding year.
(B) The balance of the issue is payable at annual intervals.
(C) The annual maturities do not have to be in an equal amount.
(b) The bonds issued are exempt from taxation by the state.
[Pre-1995 Recodification Citation: 13-3-3-83.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-6. Negotiability, Registration, Advertisement, and Sale

Sec. 6. Bonds issued:
(1) must be negotiable;
(2) may be registered; and
(3) shall be advertised and sold in the manner provided by general statutes concerning the sale of bonds.
[Pre-1995 Recodification Citation: 13-3-3-84(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-7. Interest of Directors; Disclosure

Sec. 7. (a) This section applies to a district:
(1) that has been established with a few freeholders or even only one (1) freeholder; and
(2) for which the accomplishment of the district's purposes is necessary and desirable primarily for persons purchasing and using the land after subdivision and development.
(b) Notwithstanding other statutes, the board may enter into a contract agreement, before the award of bonds, with a person directly or indirectly interested in bidding on or purchasing the bonds if approval is received from the Indiana utility regulatory commission after a petition is filed by the board containing disclosure of the interest that any of the directors have in the land involved and in the person who is interested in bidding on or purchasing the bonds.
(c) The Indiana utility regulatory commission shall give approval if the Indiana utility regulatory commission finds that:
(1) full disclosure has been made; and
(2) persons who are using or will be using the land will probably receive the benefits from the proposed works of improvement at a fair and reasonable cost comparable to the cost for benefits from the improvements in similar locations and situations.
Profits or loss to the person bidding on the bonds may not be the determining factor in approval.
[Pre-1995 Recodification Citation: 13-3-3-84(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-8. Notice of Sale; Right to Remonstrate Against or Vote Against Bonds

Sec. 8. (a) Before offering bonds for sale, the board shall give notice in the same manner as is required by IC 6-1.1-20 for the sale of bonds by municipal corporations.
(b) Persons affected are entitled to:
(1) remonstrate against issuance of the bonds (in the case of a preliminary determination made before July 1, 2008, to issue bonds); or
(2) vote on the proposed issuance of bonds in an election on a local public question (in the case of a preliminary determination made after June 30, 2008, to issue bonds).
(c) An action to question the validity of the bonds may not be instituted after the date fixed for sale, and the bonds are incontestable after that time.
[Pre-1995 Recodification Citation: 13-3-3-85.]
As added by P.L.1-1995, SEC.26. Amended by P.L.146-2008, SEC.429.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 11. Bonds › 14-33-11-9. Denial of Right to Issue Bonds

Sec. 9. If the board is denied the right to issue bonds as a result of remonstrance proceedings or an election on a local public question held under IC 6-1.1-20-3.6:
(1) all contracts let by the board for work to be paid from the sale of bonds are void; and
(2) no liability accrues to the district or to the board.
[Pre-1995 Recodification Citation: 13-3-3-90.]
As added by P.L.1-1995, SEC.26. Amended by P.L.146-2008, SEC.430.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 12. Improvements Benefiting Only Certain Property › 14-33-12-1. Application of Chapter

Sec. 1. This chapter applies if the board determines at the time of the adoption of the district plan that the characteristics of the district are such that the district plan can best be implemented in certain parts by the development of works of improvement that are:
(1) of benefit solely to abutting or proximate properties in the district; and
(2) not of benefit to all the property in the district.
[Pre-1995 Recodification Citation: 13-3-3-86(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 12. Improvements Benefiting Only Certain Property › 14-33-12-2. Districts Subject to Chapter

Sec. 2. (a) In a district subject to this chapter:
(1) the district plan must so state; and
(2) notice to this effect shall be made a part of all notices regarding the approval and implementation of the district plan.
(b) At the hearing on the district plan, the court shall make a finding on this question.
[Pre-1995 Recodification Citation: 13-3-3-86(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 12. Improvements Benefiting Only Certain Property › 14-33-12-3. Appraisers

Sec. 3. (a) Concurrent with the preparation of detailed construction drawings, specifications, and refined cost estimates necessary to implement the district plan, the board shall employ competent appraisers to do the following:
(1) Appraise the real property that will be benefited by the implementation of the district plan.
(2) Assign to each property the property's proportional share of the estimated cost of the improvement, including necessary engineering and legal fees.
(b) The appraisers shall report the information determined under subsection (a) in written tabular form to the board.
(c) The board shall tentatively adopt the findings of the appraisers in the same resolution by which the detailed construction drawings, specifications, and refined cost estimates are adopted. Notice of the hearing shall be mailed to the owner of each tract of real property found to be benefited.
[Pre-1995 Recodification Citation: 13-3-3-86(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 12. Improvements Benefiting Only Certain Property › 14-33-12-4. Filing Resolution; Notice

Sec. 4. (a) Upon confirmation of the resolution, the board shall file the resolution together with the detailed construction drawings, specifications, refined cost estimates, and appraisers' findings in court.
(b) The court shall set a date for a hearing and order notice that the court considers necessary, but publication must at least be made in each county having land in the district in accordance with IC 5-3-1 as if the notice affected county business.
(c) At the hearing the court shall order the resolution approved, rescinded, or modified.
[Pre-1995 Recodification Citation: 13-3-3-86(c).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 12. Improvements Benefiting Only Certain Property › 14-33-12-5. Powers and Duties

Sec. 5. (a) After approval by the court, the board shall let contracts or otherwise construct the works of improvement as implemented. The board shall exercise the same powers and discharge the same duties concerning the works of improvement as prescribed by statute for the board of public works, the board of finance, and other officers of a municipality concerning the following:
(1) Liens for street improvements.
(2) The payment of street improvement assessments by installments.
(3) The issuance of Barrett Law bonds and coupons to anticipate the collection of assessments.
(b) The duties of the treasurer of a county in which there is real property affected also apply to the following:
(1) The lien.
(2) The collection and enforcement of the lien.
(3) The payment of assessments for the construction of works of improvement under:
(A) this chapter; and
(B) IC 13-3-3-86 (before its repeal).
(c) Statutes concerning:
(1) the enforcement of assessment liens for street improvements in actions of a municipality enforcing the liens and attorney's fees in those actions;
(2) the procedure;
(3) the conduct of sales by the sheriff under decrees of foreclosure;
(4) the execution of certificates and deeds; and
(5) all matters of a similar nature regarding street improvements and collection of assessments in a municipality, including the rights of contractors, assignees, and bondholders;
apply to the enforcement of assessments made for the construction of works of improvement under this chapter or under IC 13-3-3-86 (before its repeal) as well as the collection of bonds or coupons issued under this chapter or under IC 13-3-3-86 (before its repeal).
(d) The board may do the following:
(1) Issue the bonds in anticipation of the collection of assessments and coupons evidencing interest at any rate directly to the contractor at the completion of the work.
(2) Issue directly to engineers and attorneys bonds and coupons in payment of fees incident to the work of improvement.
(e) Notwithstanding other statutes incorporated into this chapter, a person who agrees to pay the person's assessment in installments after the bonds are issued:
(1) must pay interest for the full term of ten (10) years; and
(2) may prepay the principal and remaining interest due.
[Pre-1995 Recodification Citation: 13-3-3-86(d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 12. Improvements Benefiting Only Certain Property › 14-33-12-6. Mutually Exclusive Provisions

Sec. 6. (a) The provisions of this chapter concerning:
(1) assessments;
(2) the nature of the resulting lien;
(3) collection; and
(4) issuing bonds and coupons in anticipation of the collection of the assessment;
are mutually exclusive from other sections of this article that relate to the same subject matter.
(b) The construction and incidental engineering and legal fees of that part of works of improvement contained in the district plan shall be paid for and financed according to this chapter and other statutes incorporated into this chapter and not according to other provisions of this article only if all the following conditions are met:
(1) The board determines and states as a part of the district plan that certain parts of the works of improvement will be of benefit solely to abutting or proximate properties and not of benefit to all the property in the district.
(2) Notice of the determination is given as is provided in this chapter.
(3) The court makes an affirmative finding to this effect at the hearing on the district plan.
(c) If the conditions described in subsection (b) are not met, the costs and financing of the construction of the works of improvement shall be done according to other provisions of this article.
[Pre-1995 Recodification Citation: 13-3-3-86(e).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 12. Improvements Benefiting Only Certain Property › 14-33-12-7. Inapplicable Provisions

Sec. 7. Other provisions of this article concerning assessments and bond issues do not apply to this chapter. In addition, provisions of this chapter concerning assessments and bond issues do not apply to other chapters of this article.
[Pre-1995 Recodification Citation: 13-3-3-86(f).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 13. Damages › 14-33-13-1. Damaging or Removing Reference Marks

Sec. 1. A person shall not willfully damage or remove bench marks, witness marks, stakes, or other reference marks placed by:
(1) the surveyors or engineers of the district; or
(2) contractors in constructing the work of the district.
[Pre-1995 Recodification Citation: 13-3-3-87.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 13. Damages › 14-33-13-2. Liability for Damages to District Works

Sec. 2. (a) A person is liable for damages done to works of a district by:
(1) the person;
(2) agents of the person;
(3) employees of the person; or
(4) livestock owned by the person.
(b) A person shall not damage the works, improvements, or property of a district. A person who violates this subsection is liable for all damages and costs.
(c) The board may repair damages at the expense of the person committing the damage.
[Pre-1995 Recodification Citation: 13-3-3-88.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 14. Cumulative Maintenance Fund › 14-33-14-1. Applicability of Chapter

Sec. 1. This chapter applies to a district having channel improvements, levees, and water retarding or impoundment structures.
[Pre-1995 Recodification Citation: 13-3-3-89(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 14. Cumulative Maintenance Fund › 14-33-14-2. Exemptions

Sec. 2. This chapter does not apply to the following:
(1) A water supply structure or the water supply part of a multiple purpose structure if provision has been made for maintenance from revenues of a water system.
(2) Sewage works.
[Pre-1995 Recodification Citation: 13-3-3-89(e).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 14. Cumulative Maintenance Fund › 14-33-14-3. "Fund" Defined

Sec. 3. As used in this chapter, "fund" refers to a cumulative maintenance fund established under this chapter.
[1995 Recodification Citation: New.]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 14. Cumulative Maintenance Fund › 14-33-14-4. Establishment of Fund

Sec. 4. A district shall establish a cumulative maintenance fund in the year following commencement of construction or assumption or maintenance of the channel improvements, levees, and water retarding or impoundment structures so that the works of improvement are adequately maintained.
[Pre-1995 Recodification Citation: 13-3-3-89(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 14. Cumulative Maintenance Fund › 14-33-14-5. Budget and Appropriations to Fund

Sec. 5. (a) The board shall budget and appropriate annually to the fund an amount equivalent to ten percent (10%) of the annual cost of maintenance for the works of improvement as the cost is:
(1) stated in the district plan; or
(2) adjusted under section 8 of this chapter.
(b) Money accumulated in the fund may be used for emergency or unusually expensive maintenance of the works of improvement.
[Pre-1995 Recodification Citation: 13-3-3-89(b).]
As added by P.L.1-1995, SEC.26. Amended by P.L.228-2003, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 14. Cumulative Maintenance Fund › 14-33-14-6. Suspension of Appropriations

Sec. 6. (a) If an amount equivalent to two (2) times the annual cost of maintenance of the works of improvement, as stated in the district plan or as the cost is adjusted under section 8 of this chapter, has accumulated in the fund, appropriations to the fund shall be suspended until the year that the amount in the fund is not more than equal to the annual cost of maintenance of the works of improvement as stated in the plan or the adjusted annual cost.
(b) The money in the fund may be invested and reinvested in whole or in part in accordance with IC 5-13-9.
[Pre-1995 Recodification Citation: 13-3-3-89(c).]
As added by P.L.1-1995, SEC.26. Amended by P.L.228-2003, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 14. Cumulative Maintenance Fund › 14-33-14-7. Normal Maintenance Work Budgeted

Sec. 7. The appropriation to the fund does not relieve the board of the duty to budget annually the normal maintenance work anticipated during the next fiscal year.
[Pre-1995 Recodification Citation: 13-3-3-89(d).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 14. Cumulative Maintenance Fund › 14-33-14-8. Adjusted Annual Cost of Maintenance

Sec. 8. (a) As used in this section, "cost index source" refers to the Engineering News Record Construction Cost Index, as published by McGraw Hill Construction or its successor.
(b) Before January 1, 2006, the board of a district may elect to adjust the annual cost of maintenance of the works of improvement as stated in the plan, as calculated in subsection (d), if the following conditions are met:
(1) The board has at a meeting adopted a resolution that sets forth:
(A) the annual cost of maintenance of the works of improvement as stated in the plan, and the year when the annual cost was stated in the plan; and
(B) the new, adjusted annual cost of maintenance of the works of improvement.
(2) The calculation under subsection (d) has been verified by either the state conservation engineer for the Natural Resources Conservation Service of the United States Department of Agriculture or a professional engineer licensed under IC 25-31-1.
(3) The board has provided a copy of the resolution to the department of local government finance (established by IC 6-1.1-30-1.1) within sixty (60) days of adoption.
(c) If the board of a district adopts a resolution under section (b)(1), a copy of the resolution must be included in the district's annual report, and a copy of the annual report must be provided to the local circuit court and the department of natural resources.
(d) The annual cost of maintenance of the works of improvement as stated in the plan of a district may be adjusted to an amount not to exceed the amount determined as follows:
STEP ONE: Determine the cost index from the cost index source for the most recent year.
STEP TWO: Determine the cost index from the cost index source for the year that the annual cost of maintenance of the works of improvement was stated in the plan.
STEP THREE: Divide the number determined in STEP ONE by the number determined in STEP TWO.
STEP FOUR: Multiply the result of STEP THREE by the annual cost of maintenance of the works of improvement that is stated in the plan.
As added by P.L.228-2003, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 15. Dissolution Due to Loss of Benefit › 14-33-15-1. Petition

Sec. 1. A district may be dissolved by the same procedure used to establish the district. The petition must set forth the change of circumstances that causes the district to lose the district's benefit.
[Pre-1995 Recodification Citation: 13-3-3-96(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 15. Dissolution Due to Loss of Benefit › 14-33-15-2. Prima Facie Evidence That District Should Be Dissolved

Sec. 2. If:
(1) the board fails to produce within two (2) years satisfactory evidence of progress in the preparation of the district plan; or
(2) federal or state money, or both, contemplated in the petition for the establishment of the district appears to be unavailable;
it is prima facie evidence that the district should be dissolved.
[Pre-1995 Recodification Citation: 13-3-3-97(b).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 15. Dissolution Due to Loss of Benefit › 14-33-15-3. Court Ordering Dissolution

Sec. 3. If the court finds that a district is no longer of benefit, the court shall do the following:
(1) Order the district dissolved.
(2) Order the board to take necessary steps to terminate all activities of the district.
[Pre-1995 Recodification Citation: 13-3-3-96(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 15. Dissolution Due to Loss of Benefit › 14-33-15-4. Final Accounting and Records Filing

Sec. 4. As the final action the board shall make an accounting to the court and file all records of the district with the court. The court shall then discharge the board.
[Pre-1995 Recodification Citation: 13-3-3-96(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 15. Dissolution Due to Loss of Benefit › 14-33-15-5. District With Bonds or Notes Outstanding

Sec. 5. The court may not dissolve a district if the district has bonds or notes outstanding. If the court finds that the activities of the district should cease, the court shall order the district to function only for the purpose of:
(1) certifying necessary assessments or taxes; and
(2) collecting the assessments and taxes;
to pay off the financial obligations of the district. When all financial obligations are paid, the court may order the district dissolved.
[Pre-1995 Recodification Citation: 13-3-3-97(a).]
As added by P.L.1-1995, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 16. Dissolution Due to Lack of Construction › 14-33-16-1. Applicability of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to a district if construction of works of improvement has not begun within six (6) years after the district plan is approved by the court.
(b) Even if the construction of works of improvement has not begun within six (6) years after the district plan of a district was approved, this chapter does not apply to the district if the court having jurisdiction over the district under IC 14-33-2-9 determines that the board of directors of the district has, since the approval of the district plan, worked diligently and in good faith to resolve the matters that must be resolved before construction can begin.
[Pre-1995 Recodification Citation: 13-3-3-96(b) part.]
As added by P.L.1-1995, SEC.26. Amended by P.L.143-1997, SEC.1; P.L.84-2016, SEC.77.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 16. Dissolution Due to Lack of Construction › 14-33-16-2. Dissolution by Election

Sec. 2. A district may be dissolved by an election under this chapter.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-3. Petition

Sec. 3. The freeholders of a district must present a petition to the board. The petition may be circulated and presented in separate parts, although all of the parts constitute a single petition. The petitioning freeholders must sign the petition, and the person who presents the petition must verify and certify the signatures upon oath. The petition must do the following:
(1) Show the name and residence of each petitioner and the date of signature.
(2) State that the petitioning freeholders desire an election on the question of whether to dissolve the district.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-4. Determination That Petition Bears Proportion of Signatures Required

Sec. 4. The board shall determine, in compliance with IC 14-33-2-2 and IC 14-33-2-3, whether the petition bears the same proportion of signatures of freeholders of the district as that section requires to initiate the proceedings to establish a district. If the board finds in the affirmative, the board shall without delay certify that fact to the court.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-5. Election Requirements; Publication of Notice

Sec. 5. (a) Within ten (10) days after the board certifies to the court, the board shall fix the following:
(1) A convenient and suitable place for the election.
(2) The date for the election not less than fifteen (15) and not more than thirty (30) days after the last publication of notice.
(b) 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 board shall fix and arrange for multiple voting places as appears necessary to accommodate the freeholders eligible to vote.
(c) Notice of the time, place, and purpose for the election must be given on the same day of each week 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 district; or
(2) with the first publication of notice made 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 district.
[Pre-1995 Recodification Citation: 13-3-3-96(b) part.]
As added by P.L.1-1995, SEC.26. Amended by P.L.152-2021, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 16. Dissolution Due to Lack of Construction › 14-33-16-6. List of Freeholders

Sec. 6. (a) The board shall do the following:
(1) Prepare a list of the freeholders of the district.
(2) Have the county auditor certify the list.
(3) Make the list available for the inspection of any freeholder of the district.
(4) 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 a freeholder does not void the election or the election's outcome.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-7. Ballots

Sec. 7. The board shall prepare and furnish ballots in sufficient number in the following form:
"Shall the ____________ Conservancy District be dissolved?"
[ ] Yes                [ ] No
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-8. Assistant Secretary and Voting List

Sec. 8. The board shall do the following:
(1) Appoint an assistant secretary.
(2) Provide a voting list at each voting place.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-9. Voting Procedures

Sec. 9. (a) Before the voting begins, the chairman of the board shall appoint three (3) freeholders of the district as clerks to conduct the election.
(b) Before casting a vote, each freeholder must sign the list of freeholders opposite the freeholder's name in the presence of the district secretary.
(c) 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(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 16. Dissolution Due to Lack of Construction › 14-33-16-10. Absentee Ballot

Sec. 10. A freeholder of the district may vote absentee by written ballot. A written ballot vote must be signed and mailed or delivered to the district office. Ballots voted by absentees are valid if delivered or received before the scheduled date of the election.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-11. Election Duties of Secretary and Clerks

Sec. 11. (a) The secretary of the district shall do the following:
(1) Keep the ballots safe and secure until the end of the voting period.
(2) At the end of the voting period 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 each clerk.
(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(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 16. Dissolution Due to Lack of Construction › 14-33-16-12. Majority of Votes

Sec. 12. A majority of all votes cast determines the issue of dissolution of the district, as long as the total votes cast at least equals the number of freeholders petitioning for the election.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-13. Court Ordering Board to Take Steps to Terminate District Activities

Sec. 13. If a majority favors dissolution of a district, the court shall, upon receiving the certification of the results, order the board to take the necessary steps to terminate all activities of the district other than those activities required to certify and collect assessments or taxes to pay the following:
(1) The remaining financial obligations of the district.
(2) The expenses of liquidating the district's property and winding up the district's affairs.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-14. Election Costs

Sec. 14. Costs of the election, including legal fees approved by the court, shall be paid from district money.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16. Dissolution Due to Lack of Construction › 14-33-16-15. Court Ordering Final Accounting and Filing of Records; Discharging Board

Sec. 15. (a) When a district's financial obligations and the expenses of winding up the district's affairs are paid, the court shall order the board to do the following:
(1) Make a final accounting to the court.
(2) File all records of the district with the court.
(b) The court shall then discharge the board and decree that the district is dissolved.
[Pre-1995 Recodification Citation: 13-3-3-96(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 16.5. Dissolution of Smaller District and Assumption of Operations, Obligations, and Assets by Larger District › 14-33-16.5-1. Application

Sec. 1. This chapter applies to any two (2) conservancy districts that:
(1) are contiguous; and
(2) share at least one (1) common purpose set forth in IC 14-33-1-1.
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 › 14-33-16.5-2. Definitions

Sec. 2. As used in this chapter:
(1) "freeholder" means an owner of real property, as reflected in the real property tax records of the county auditor;
(2) "larger district" means, of the two (2) districts referred to in section 1 of this chapter, the one (1) that has the larger number of freeholders; and
(3) "smaller district" means, of the two (2) districts referred to in section 1 of this chapter, the one (1) that has the smaller number of freeholders.
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 › 14-33-16.5-3. Initiation of Dissolution Proceedings; Petition

Sec. 3. (a) The freeholders of a smaller district may initiate dissolution proceedings under this chapter by filing a petition with the county auditor of the county in which most of the smaller district's area is located. The petition must be signed by at least the lesser of:
(1) fifty (50); or
(2) five percent (5%);
of the smaller district's freeholders.
(b) A petition under subsection (a) may be circulated and presented in separate parts. All the parts of the petition constitute a single petition.
(c) The petitioning freeholders must sign the petition, showing:
(1) the name and address of each petitioner; and
(2) the date of the signature.
(d) A petition must state that the petitioners desire an election on the question of whether:
(1) the smaller district will dissolve and become part of the larger district; and
(2) the larger district will assume the smaller district's operation, obligations, and assets.
(e) A person who presents a petition from the smaller district's freeholders under this section to the county auditor must verify and certify the signatures on the petition upon oath.
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 › 14-33-16.5-4. County Auditor; Certification of Petition; Board Resolution

Sec. 4. (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.
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 › 14-33-16.5-5. County Auditor; Notification of Election

Sec. 5. Not later than ten (10) days after the county auditor receives a resolution from the board of directors of the larger district under section 4 of this chapter, the county auditor shall, by personal delivery or by certified mail, notify the board of directors of the smaller district that the board of directors of the smaller district must hold the election referred to in section 4(e)(2) of this chapter.
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 › 14-33-16.5-7. Ballot Requirements

Sec. 7. After receiving a notice under section 5 of this chapter, the board of directors of the smaller district shall prepare and furnish ballots in sufficient number in the following form:
"Shall the _______________ (insert smaller district) Conservancy District be dissolved and its operations, obligations, and assets be assumed by the _______________ (insert larger district) Conservancy District?
[ ] Yes                [ ] No"
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 › 14-33-16.5-8. Assistant Secretary; Voting List

Sec. 8. After receiving a notice under section 5 of this chapter, the board of directors of the smaller district shall do the following:
(1) Appoint an assistant secretary.
(2) Provide a voting list at each voting place.
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 › 14-33-16.5-9. Clerks; List of Freeholders

Sec. 9. (a) Before the voting begins under this chapter, the board of directors of the smaller district shall appoint three (3) freeholders of the district as clerks to conduct the dissolution and assumption election.
(b) Before casting a vote, each freeholder must sign the list of freeholders opposite the freeholder's name in the presence of the district secretary.
(c) 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.
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 › 14-33-16.5-10. Assistant Secretary and Clerks of Smaller District; Duties

Sec. 10. (a) After an election is held under this chapter, the assistant secretary of the smaller district shall do the following:
(1) Keep the ballots safe and secure until the end of the voting period.
(2) At the end of the voting period, present all ballots cast to the three (3) clerks.
(3) Record the election results in the records of the smaller district.
(4) Certify the results of the election to the county auditor and the court having supervisory jurisdiction over the smaller district as promptly as possible.
(b) The clerks of the smaller district shall do the following:
(1) Count the ballots.
(2) Report the results of the election to the secretary in writing over the signature of each clerk.
As added by P.L.189-2005, SEC.7. Amended by P.L.84-2016, SEC.78.
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 › 14-33-16.5-11. Determination of Election by Majority Vote

Sec. 11. In an election held under this chapter, a majority of all votes cast by the freeholders of the smaller district determines the question of the dissolution of the smaller district and the larger district's assumption of the smaller district's operations, obligations, and assets.
As added by P.L.189-2005, SEC.7. Amended by P.L.1-2006, SEC.232.