Sec. 3. (a) The freeholders of a smaller district may initiate dissolution proceedings under this chapter by filing a petition with the county auditor of the county in which most of the smaller district’s area is located. The petition must be signed by at least the lesser of:

(1) fifty (50); or

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Terms Used In Indiana Code 14-33-16.5-3

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • larger district: means , of the two (2) districts referred to in section 1 of this chapter, the one (1) that has the larger number of freeholders; and

    Indiana Code 14-33-16.5-2

  • smaller district: means , of the two (2) districts referred to in section 1 of this chapter, the one (1) that has the smaller number of freeholders. See Indiana Code 14-33-16.5-2
(2) five percent (5%);

of the smaller district’s freeholders.

     (b) A petition under subsection (a) may be circulated and presented in separate parts. All the parts of the petition constitute a single petition.

     (c) The petitioning freeholders must sign the petition, showing:

(1) the name and address of each petitioner; and

(2) the date of the signature.

     (d) A petition must state that the petitioners desire an election on the question of whether:

(1) the smaller district will dissolve and become part of the larger district; and

(2) the larger district will assume the smaller district’s operation, obligations, and assets.

     (e) A person who presents a petition from the smaller district’s freeholders under this section to the county auditor must verify and certify the signatures on the petition upon oath.

As added by P.L.189-2005, SEC.7.