Indiana § 14-33-1-5 - Procedures following passage of resolution

§ 14-33-1-5. Procedures following passage of resolution

Sec. 5. (a) If a petition is filed and a resolution passed under section 4 of this chapter, the board shall file the resolution and petition with the court.

(b) Upon receipt, the court shall do the following:

(1) Order a hearing.

(2) Have a copy of the resolution and the date of the hearing forwarded to the commission.

(3) Order notice of the hearing as follows:

(A) A copy of the resolution and the time and place of the hearing shall be published at least one (1) time in at least one (1) newspaper of general circulation in each county containing land in the district.

(B) A copy of the notice as prepared for publication shall be sent by mail, first class postage prepaid, to each freeholder.

(c) The mailing of notice and proof of notice is the same as is required for notice of the hearing on the original petition to establish the district.

(d) The notice to the commission, the publication, and the mailing must be done at least thirty (30) days before the date of the hearing.

(e) If:

(1) at the hearing an objection is not filed by the commission or by an owner of real property; and

(2) the court determines that the petition is proper;

the court shall order the district to be established also for the additional purpose.

(f) If an objection is filed, the court shall do the following:

(1) Determine at the hearing the following:

(A) The sufficiency of the petition.

(B) The necessity and feasibility of adding the purpose.

(2) Make the order according to the facts found.

[Pre-1995 Recodification Citation: 13-3-3-4(a) part, (b).]

As added by P.L.1-1995, SEC.26.

IC 14-33-2Chapter 2. Establishment

14-33-2-1Filing petition 14-33-2-2Minimum number of freeholders signing petition; requirements 14-33-2-3Number of freeholds in district; number of freeholders qualified to sign petition 14-33-2-4Contents of petition 14-33-2-5Motion for dismissal of petition 14-33-2-6Petition in several counterparts 14-33-2-7Petition by municipality 14-33-2-8Bond 14-33-2-9Jurisdiction 14-33-2-10Transfer to court having jurisdiction 14-33-2-11Docket; hearing date 14-33-2-12Notice of hearing on petition 14-33-2-13Notice of further proceedings 14-33-2-14Notice of hearing; contents 14-33-2-15Petition against establishment of a district 14-33-2-16Petition requirements and conformity 14-33-2-17Commission's determination and report 14-33-2-18Commission's determination and report for certain counties 14-33-2-19Commission's hearings to determine facts 14-33-2-20Expenses 14-33-2-21Purpose within jurisdiction of another agency 14-33-2-22Report of commission's findings 14-33-2-23Report as prima facie evidence of facts 14-33-2-24Amendments to petition 14-33-2-25Court hearing; notice 14-33-2-26Court's determination 14-33-2-27Order establishing district; modification of election procedures 14-33-2-28Appeals 14-33-2-29Final order 14-33-2-30New petition; filing