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.