2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 33. CONSERVANCY DISTRICTS CHAPTER 19. LEVEE DISTRICTS AND ASSOCIATIONS
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IC 14-33-19
Chapter 19. Levee Districts and Associations
IC 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all of which were repealed by IC 19-3-2-106 (recodified as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).
As added by P.L.1-1995, SEC.26.
IC 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.
As added by P.L.1-1995, SEC.26.
IC 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.
As added by P.L.1-1995, SEC.26.
IC 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 of the county in which the
principal offices of the incorporated levee association are
located.
As added by P.L.1-1995, SEC.26.
IC 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.
As added by P.L.1-1995, SEC.26.
IC 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.
As added by P.L.1-1995, SEC.26.
IC 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.
As added by P.L.1-1995, SEC.26.
IC 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.
As added by P.L.1-1995, SEC.26.
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