Section 14-33-18-5 - Resolution establishing subdistrict; procedures(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.