CHAPTER 5. BOARD OF DIRECTORS
IC 14-33-5
Chapter 5. Board of Directors
IC 14-33-5-0.5
Repealed
(Repealed by P.L.95-2006, SEC.10.)
IC 14-33-5-1
Appointment of initial board of directors
Sec. 1. (a) Within twenty (20) days after an order establishing a
district, the board of commissioners of the county shall appoint the
initial board of directors. A director shall be appointed for each of
the areas in the district established by the court.
(b) A director must have the following qualifications:
(1) Be:
(A) a freeholder of the area of the district for which
appointed; or
(B) an officer or a nominee of a corporate freeholder of the
area of the district for which appointed.
(2) Be qualified by knowledge and experience in matters
pertaining to the development of the district.
(c) A majority of the directors must be:
(1) resident freeholders of the district if available and qualified;
and
(2) petitioners for the establishment of the district. For this
purpose an officer or a nominee of a corporate freeholder of the
district, if the corporation is a petitioner, is considered a
petitioner.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-2
Election to fill vacancies; number of votes to elect
Sec. 2. (a) At each annual meeting of the district, directors shall
be elected to fill vacancies on the board due to expiration of terms,
resignation, or otherwise. The election shall be conducted by written
ballots. Except as provided in subsection (c), to be elected an
individual must receive a majority of the votes of the freeholders of
the district who are:
(1) present and voting in person; or
(2) absent but have mailed or delivered a written ballot vote.
(b) A written ballot vote must be signed and mailed or delivered
to the district office. A ballot is valid if delivered or received before
the scheduled date of the annual meeting.
(c) Upon receipt of a petition from the board of directors of a
conservancy district, the circuit court may modify the order
establishing the district under IC 14-33-2-27 to provide that each
director representing an area established under IC 14-33-2-27 shall
be elected by a majority of the votes of the freeholders of the
respective areas.
As added by P.L.1-1995, SEC.26. Amended by P.L.88-2003, SEC.2.
IC 14-33-5-3
Nominations
Sec. 3. (a) Beginning October 24 and not later than November 1,
the board shall invite nominations to fill vacancies on the board at
the next annual meeting by one (1) publication in a newspaper of
general circulation in each county in the district. Each publication
must do the following:
(1) Contain the names of the directors whose terms are expiring
and the area of the district involved.
(2) Invite nominations to fill vacancies.
(3) State the qualifications for the office as prescribed by
section 1 of this chapter, except for the following:
(A) A nominee does not have to have been a petitioner for
the establishment of the district.
(B) A nominee does not have to be a resident of the area of
the district for which nominations are invited.
(b) Nominations for director must:
(1) be submitted to the office of the district in writing before
December 1 following notice of vacancies; and
(2) be signed by at least five (5) freeholders from the areas
designated by the secretary's notice.
(c) Nominations that are mailed are valid if:
(1) delivered or postmarked before December 1;
(2) the envelope has sufficient United States postage; and
(3) the envelope is addressed to the district's office.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-4
Annual meeting
Sec. 4. (a) The annual meeting of the district must be held at the
time designated by the court:
(1) at the district's office; or
(2) at a place in or near the district as determined by resolution
of the board adopted before December 1 of the year.
(b) Notice of the annual meeting of the district must be given by
one (1) publication in a newspaper of general circulation in each
county in the district at least fourteen (14) and not more than
thirty-one (31) days before the annual meeting. The notice must
contain the following:
(1) The names of the nominees.
(2) The place where the election will be held.
(3) The time of the election.
(4) The fact that this is the annual meeting of the district.
(5) The purposes of the meeting.
(6) The time during which ballots may be cast.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-5
Ballots; certification
Sec. 5. (a) Before the annual meeting, the board shall prepare the
ballots and a list of the freeholders of the district, which must be
certified by the county auditor and placed in the district's files. A
deficiency in this process or an omission of the names of any
freeholders does not void action taken at an annual meeting.
(b) Only one (1) vote may be cast per freehold.
As added by P.L.1-1995, SEC.26. Amended by P.L.16-2010, SEC.1.
IC 14-33-5-6
Voting procedures
Sec. 6. (a) At each annual meeting and before the election of
directors, the chairman shall appoint three (3) freeholders of the
district who are present at the annual meeting to act as clerks of and
conduct the election.
(b) Before the casting of a vote, each freeholder must sign the list
of freeholders opposite the freeholder's name in the presence of the
secretary of the district. If the clerks find that a freeholder's name is
erroneously omitted from the list, the clerks shall place the name on
the list. The omitted freeholder is then entitled to cast a ballot.
(c) The clerks shall note the fact of receipt of a valid written ballot
vote opposite the freeholder's name who cast that vote. At this time
the written ballot vote is considered cast.
(d) At the close of the election poll, the clerks shall count the cast
ballots and make a report of the results. The secretary of the district
shall record the results in the records of the district. The chairman
shall then declare the successful nominees elected, and the elected
directors are entitled to and shall assume all the duties of the office
for which elected.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-7
Oath of director
Sec. 7. Promptly after appointment or election a director shall take
the following oath:
"I solemnly swear that I shall, to the best of my ability, strive to
accomplish the purposes for which the district is established
and properly to operate and maintain its works of
improvement.".
As added by P.L.1-1995, SEC.26.
IC 14-33-5-8
Petition to fill vacancies
Sec. 8. If a district fails to conduct an election of directors as
provided by this chapter, any interested person of the district may
petition the board of commissioners of the county to appoint a
director to fill vacancies. The board of commissioners of the county
shall make an appointment within fifteen (15) days from the date the
petition is filed.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-9
District composed of land from more than one county
Sec. 9. For the purposes of this chapter, if the district is composed
of land from more than one (1) county, the board of commissioners
of each county may participate in the following:
(1) The appointment of the initial board.
(2) The filling of vacancies on the board.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-10
Advisory members of board; area directors
Sec. 10. (a) Notwithstanding other provisions of this chapter, this
section applies to all districts described in IC 14-33-9-4.
(b) The following shall serve as advisory members of the board
and have all privileges of membership except the right to vote:
(1) The city engineer of each second class city in the district.
(2) The county surveyor of the county.
(3) The chairman of the county soil and water conservation
district.
(c) On the same day as the primary election held in
even-numbered years, the voters shall select the area directors. At the
initial election held under this section, the authority that makes the
initial appointment of directors under section 1 of this chapter shall
designate the initial terms of the directors elected as follows:
(1) One-half (1/2) plus one (1) of the directors serve for two (2)
year terms.
(2) The other directors serve for four (4) year terms.
After the first election, all directors serve for four (4) year terms.
Area directors take office on June 1 after election.
(d) The initial appointments of directors under section 1 of this
chapter shall be made so that the directors serve until the election in
the first even-numbered year following the year of appointment.
(e) Nominations for director signed by at least five (5) freeholders
shall be filed with the county election board during the period when
filing for other county offices takes place, and the board shall
publicly invite nominations at least five (5) days before this filing
period begins.
(f) Each director must be a freeholder and a resident of the district
from which elected. Only one (1) director may be elected from each
district.
(g) When a vacancy occurs on the board:
(1) the chairman of the board; or
(2) five (5) freeholders from the district where the vacancy
exists;
may petition the appointing authority to have the appointing
authority make an appointment to fill the vacancy for the remainder
of the unexpired term.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-11
Terms for initial directors
Sec. 11. (a) The board of commissioners of the county shall
appoint the initial directors for the following terms:
(1) If there are three (3) or five (5) directors, the terms are as
follows:
(A) One (1) term expires at the next annual meeting.
(B) One (1) term expires at the second annual meeting.
(C) One (1) term expires at the third annual meeting.
(D) Any other terms expire at the fourth annual meeting.
(2) If there are seven (7) or nine (9) directors, the terms are as
follows:
(A) Two (2) terms expire at the next annual meeting.
(B) Two (2) terms expire at the second annual meeting.
(C) Two (2) terms expire at the third annual meeting.
(D) All other terms expire at the fourth annual meeting.
(b) As the terms expire, each new director shall be elected for a
term of four (4) years.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-11.5
Single nominee considered elected; no election required when only
one nominee in each district
Sec. 11.5. (a) Notwithstanding the other provisions of this chapter,
if there is only one (1) nominee for election to the board to represent
an area, the nominee for election to the board to represent that area
is considered elected.
(b) Notwithstanding the other provisions of this chapter, if there
is only one (1) nominee for election to the board for each area for
which a director is to be elected, the following apply:
(1) The election otherwise required to be held under this
chapter is not required to be held.
(2) Each of the nominees for election to the board is considered
elected as if the election had been held and each nominee was
elected as provided in this chapter.
As added by P.L.16-2010, SEC.2.
IC 14-33-5-12
Vacancies
Sec. 12. (a) If a vacancy occurs on the board, the board shall vote
to appoint a member to serve until the next annual meeting.
(b) If the vote held under subsection (a) results in a tie, a judge of
the circuit court of the county in which the district was established
shall designate a person to serve as a member until the next annual
meeting.
(c) At the next annual meeting a director shall be elected to
complete the term.
As added by P.L.1-1995, SEC.26. Amended by P.L.4-2004, SEC.2.
IC 14-33-5-13
Meetings
Sec. 13. The board shall by resolution fix the time for holding
regular meetings, but the board shall meet at least quarterly each
year.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-14
Special meetings
Sec. 14. (a) Special meetings of the board may be called by the
chairman or by two (2) members upon written request to the
secretary. The secretary shall send to all members, at least three (3)
days before a special meeting, a written notice fixing the time and
place of the meeting.
(b) Written notice of a special meeting is not required if:
(1) the time of the special meeting has been fixed in a regular
meeting; or
(2) all members were present at a meeting at which a special
meeting was called.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-15
Quorum
Sec. 15. A majority of the board constitutes a quorum. An action
of the board is official, however, only if authorized by a majority of
the board at a regular or properly called special meeting.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-16
Compensation
Sec. 16. As compensation the directors are entitled to an amount
that the court orders, but not to exceed:
(1) one hundred dollars ($100) for not more than two (2) regular
or specially called board meetings per month; and
(2) fifty dollars ($50) for not more than five (5) days per month
devoted to the work of the district in addition to any day for
which payment is received under subdivision (1).
In addition, the directors shall be reimbursed for actual expenses,
including traveling expense at a rate equal to the rate paid to state
officers and employees. Claims for expense reimbursement must be
accompanied by an itemized written statement approved by a
recorded motion of the board.
As added by P.L.1-1995, SEC.26. Amended by P.L.78-2007, SEC.2.
IC 14-33-5-17
Chairman and vice chairman
Sec. 17. Immediately following appointment and immediately
following each annual meeting of the district, the directors shall meet
and elect a chairman and a vice chairman. The vice chairman may act
as chairman during the absence or disability of the chairman. The
chairman shall promptly notify the commission in writing of the
names and addresses of the officers and directors of the district, and
the same information, together with the executed oaths, shall be filed
with the circuit court.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-18
Employees; contracts and leases
Sec. 18. (a) The board may appoint, prescribe the duties, and fix
the compensation of the following:
(1) A secretary.
(2) A financial clerk.
(3) An engineer.
(4) Employees that are necessary for the discharge of duties and
responsibilities of the board.
(b) A financial clerk shall execute a surety bond in the manner
prescribed by IC 5-4-1.
(c) The board may make contracts for the following:
(1) Special and temporary services, including professional
counsel.
(2) Leases of land to a provider of commercial mobile service
(as defined in 47 U.S.C. 332) that allows for the construction,
use, and maintenance of a tower that is used for
telecommunications purposes.
As added by P.L.1-1995, SEC.26. Amended by P.L.16-2010, SEC.3.
IC 14-33-5-19
Office; location
Sec. 19. (a) At the first meeting of the first board, the board shall
adopt by majority vote a resolution designating the location in or
near the district where the district will maintain an office. The board
may adopt a resolution by majority vote at any meeting of the board
to change the location of the district's office. The board shall report
the location of the office and a change in location to the court
establishing the district.
(b) The board shall do the following:
(1) Arrange for office space.
(2) Keep a record of all transactions and minutes of all meetings
in the office.
(3) Keep all records and minutes available for inspection by any
interested person of the district during the hours that the district
office is open for business.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-20
Duties of board
Sec. 20. The board shall do the following:
(1) Exercise general supervision of and make regulations for the
administration of the affairs of the district.
(2) Prescribe uniform rules pertaining to investigations and
hearings.
(3) Supervise the fiscal affairs and responsibilities of the
district.
(4) Prescribe the qualifications of, appoint, remove, and fix the
compensation of the employees of the district. The
compensation must be reasonable and similar in amount to the
compensation allowed employees performing similar service for
the state and political subdivisions of the state. The board may
delegate to employees authority to perform ministerial acts in
all cases except where final action of the board is necessary.
(5) Keep an accurate and complete record of all district
proceedings and record and file all bonds and contracts,
assuming responsibility for the custody and preservation of all
papers and documents of the district.
(6) Make an annual report to the court of income and expenses.
The report must be submitted not later than thirty (30) days
after the annual meeting and may include any of the following:
(A) A statement of the progress in accomplishing each
purpose for which the district is established.
(B) Recommendations for amendment to the district plan.
(C) Any matter that the board believes should be brought to
the attention of the court for instructions or approval.
(7) Adopt a seal and certify all official acts.
(8) Sue and be sued collectively by the legal name "________
Conservancy District", with service of process made on the
chairman of the board. However, costs may not be taxed against
the directors individually in an action.
(9) Invoke any legal, equitable, or special remedy for the
enforcement of this article or of any proper action of the board
in a court.
(10) If advisable, establish an advisory committee.
(11) Exercise the powers granted under this article to
accomplish each purpose for which the district is established.
(12) If a purpose of the district is the construction or
maintenance of a levee in cooperation with the United States
Secretary of the Army, divide, by resolution, the levee into
maintenance sections and make assignment of each section to
a director who must be a resident freeholder near the
maintenance section. The director shall, upon assignment,
supervise and assist in the maintenance of the assigned
maintenance section.
(13) Protect against encroachment by a stream. The board may,
alone or in cooperation with state or federal agencies, do
whatever is necessary to provide bank stabilization for the
protection of the works of improvement of the district.
(14) Insure property, personnel, and operations of the district
against risks and in amounts that the board determines
necessary to protect the district.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-21
Powers relating to sewage and liquid waste
Sec. 21. (a) If the board issues revenue bonds for the collection,
treatment, and disposal of sewage and liquid waste, the board may do
the following:
(1) Subject to sections 21.1 and 21.2 of this chapter, establish
just and equitable rates and charges and use the same basis for
the rates as provided in IC 36-9-23-25 through IC 36-9-23-29.
(2) Collect and enforce the rates, beginning with the
commencement of construction as provided in IC 36-9-23.
(3) Establish rules and regulations.
(4) Require connection to the board's sewer system of any
property producing sewage or similar waste and require
discontinuance of use of privies, cesspools, septic tanks, and
similar structures. The board may enforce this requirement by
civil action in circuit or superior court as provided in
IC 36-9-23-30.
(5) Provide for and collect a connection charge to the board's
sewer system as provided in IC 36-9-23-25 through
IC 36-9-23-29.
(6) Contract for treatment of the board's sewage and pay a fair
and reasonable connection fee or rate for treatment, or a
combination of both, as provided in IC 36-9-23-16.
(7) Secure the bonds by a trust indenture as provided in
IC 36-9-23-22.
(8) Create a sinking fund for the payment of principal and
interest and accumulate reasonable reserves as provided in
IC 36-9-23-21.
(9) Issue temporary revenue bonds to be exchanged for definite
revenue bonds as provided in IC 36-9-23-17 through
IC 36-9-23-20.
(10) Issue additional revenue bonds as part of the same issue if
the issue does not meet the full cost of the project for which the
bonds were issued as provided in IC 36-9-23-17 through
IC 36-9-23-20.
(11) Issue additional revenue bonds for improvements,
enlargements, and extensions as provided in IC 36-9-23-18.
(12) Covenant with the holders of the revenue bonds for the
following:
(A) Protection of the holders concerning the use of money
derived from the sale of bonds.
(B) The collection of necessary rates and charges and
segregation of the rates and charges for payment of principal
and interest.
(C) Remedy if a default occurs.
The covenants may extend to both repayment from revenues
and other money available to the district by other statute as
provided in IC 36-9-23.
(b) In the same manner as provided by IC 36-9-23, the rates or
charges made, assessed, or established by the district are a lien on a
lot, parcel of land, or building that is connected with or uses the
works by or through any part of the sewage system of the district.
The liens:
(1) attach;
(2) are recorded;
(3) are subject to the same penalties, interest, and reasonable
attorney's fees on recovery; and
(4) shall be collected and enforced;
in substantially the same manner as provided in IC 36-9-23-31
through IC 36-9-23-32.
As added by P.L.1-1995, SEC.26. Amended by P.L.168-2009, SEC.1.
IC 14-33-5-21.1
Campgrounds; rates for sewage service
Sec. 21.1. (a) This section applies to a campground that:
(1) is connected with the sewage works of a district established
for the purpose described in IC 14-33-1-1(a)(5); or
(2) uses or is served by the sewage works of a district
established for the purpose described in IC 14-33-1-1(a)(5).
(b) Beginning September 1, 2009, if a campground is billed for
sewage service at a flat rate under section 21(a)(1) of this chapter,
the campground may instead elect to be billed for the sewage service
under this subsection by installing, at the campground's expense, a
meter to measure the actual amount of sewage discharged by the
campground into the district's sewers. If a campground elects to be
billed by use of a meter:
(1) the rate charged by the district's board for the metered
sewage service may not exceed the rate charged to residential
customers for equivalent usage; and
(2) the amount charged by the board for the campground's
monthly sewage service for the period beginning September 1
and ending May 31 must be equal to the greater of:
(A) the actual amount that would be charged for the sewage
discharged during the month by the campground as
measured by the meter; or
(B) the lowest monthly charge paid by the campground for
sewage service during the previous period beginning June 1
and ending August 31.
(c) If a campground does not install a meter under subsection (b)
and is billed for sewage service at a flat rate under section 21(a)(1)
of this chapter, for a calendar year beginning after December 31,
2009, each campsite at the campground may not equal more than
one-third (1/3) of one (1) resident equivalent unit. The basic monthly
charge for the campground's sewage service must be equal to the
number of the campground's resident equivalent units multiplied by
the rate charged by the board for a resident unit.
(d) The board may impose additional charges on a campground
under subsections (b) and (c) if the board incurs additional costs that
are caused by any unique factors that apply to providing sewage
service for the campground, including, but not limited to:
(1) the installation of:
(A) oversized pipe; or
(B) any other unique equipment;
necessary to provide sewage service for the campground; and
(2) concentrations of biochemical oxygen demand (BOD) that
exceed federal pollutant standards.
As added by P.L.168-2009, SEC.2.
IC 14-33-5-21.2
Campgrounds; sewage service rate disputes; utility regulatory
commission
Sec. 21.2. (a) As used in this section, "commission" refers to the
Indiana utility regulatory commission created by IC 8-1-1-2.
(b) This section applies to an owner or operator of a campground
described in section 21.1(b) or 21.1(c) of this chapter who disputes:
(1) that the campground is being billed at rates charged to
residential customers for equivalent usage as required by
section 21.1(b)(1) of this chapter;
(2) the number of resident equivalent units determined for the
campground under section 21.1(c) of this chapter; or
(3) that any additional charges imposed on the campground
under section 21.1(d) of this chapter are reasonable or
nondiscriminatory.
(c) If an owner or operator:
(1) makes a good faith attempt to resolve a disputed matter
described in subsection (b)(1) through (b)(3) through:
(A) any grievance or complaint procedure prescribed by the
board; or
(B) other negotiations with the board; and
(2) is dissatisfied with the board's proposed disposition of the
matter;
the owner or operator may file with the commission a written request
for review of the disputed matter and the board's proposed
disposition of the matter to be conducted by the commission's
appeals division established under IC 8-1-2-34.5(b). The owner or
operator must file a request under this section with the commission
and the board not later than seven (7) days after receiving notice of
the board's proposed disposition of the matter.
(d) The commission's appeals division shall provide an informal
review of the disputed matter. The review must include a prompt and
thorough investigation of the dispute. Upon request by either party,
or on the division's own motion, the division shall require the parties
to attend a conference on the matter at a date, time, and place
determined by the division.
(e) In any case in which the basic monthly charge for a
campground's sewage service is in dispute, the owner or operator
shall pay, on any disputed bill issued while a review under this
section is pending, the basic monthly charge billed during the year
immediately preceding the year in which the first disputed bill is
issued. If the basic monthly charge paid while the review is pending
exceeds any monthly charge determined by the commission in a
decision issued under subsection (f), the board shall refund or credit
the excess amount paid to the owner or operator. If the basic monthly
charge paid while the review is pending is less than any monthly
charge determined by the appeals division or commission in a
decision issued under subsection (f), the owner or operator shall pay
the board the difference owed.
(f) After conducting the review required under subsection (d), the
appeals division shall issue a written decision resolving the disputed
matter. The division shall send a copy of the decision to:
(1) the owner or operator of the campground; and
(2) the board;
by United States mail. Not later than seven (7) days after receiving
the written decision of the appeals division, either party may make
a written request for the dispute to be formally docketed as a
proceeding before the commission. Subject to the right of either party
to an appeal under IC 8-1-3, the decision of the commission is final.
(g) The commission shall maintain a record of all requests for a
review made under this section. The record must include:
(1) a copy of the appeals division's and commission's decision
under subsection (f) for each dispute filed; and
(2) any other documents filed with the appeals division or
commission under this section.
The record must be made available for public inspection and copying
in the office of the commission during regular business hours under
IC 5-14-3.
(h) The commission may adopt rules under IC 4-22-2 to
implement this section.
As added by P.L.168-2009, SEC.3.
IC 14-33-5-22
Agreements with people or entities; debt agreements
Sec. 22. (a) The board may do the following:
(1) Enter into agreement with and accept money from a federal
or state agency or department.
(2) By the agreement provide the manner in which resulting
debt is evidenced, with:
(A) the term;
(B) the interest rate; and
(C) the method and time of repayment;
subject to statutes governing the federal or state agency or
department, without regard to other limitations of this article.
(b) The board may also enter into an agreement with a person,
municipality, county, or special taxing district, whether or not the
person, municipality, county, or special taxing district is in the
district, for any purpose compatible with the purposes for which the
district exists. The municipality, county, or special taxing district
may enter into the agreement.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-23
Gifts of money or property
Sec. 23. The board may accept gifts of money or other property to
be used for certain aspects of a general purpose for which the district
is established.
As added by P.L.1-1995, SEC.26.
IC 14-33-5-24
Petition to enjoin or mandate board
Sec. 24. An interested person adversely affected by an action
committed or omitted by the board in violation of this chapter may
petition the court having jurisdiction over the district to enjoin or
mandate the board.
As added by P.L.1-1995, SEC.26.