Sec. 1. This chapter applies if a public ditch or drain is established and constructed under the order of any of the following: (1) A circuit or superior court. (2) A county executive. [Pre-1995 Recodification Citation: 13-2-21-2 part.] As added by P.L.1-1995, SEC.20.
Sec. 10. (a) Upon the hearing of a petition filed under section 4 of this chapter, an owner of real property within the proposed district may appear and contest the necessity for or utility of the establishment of the district. (b) The court shall determine the following: (1) Whether the petition is signed by twenty […]
Sec. 11. (a) The board of commissioners of the county shall appoint three (3) drainage commissioners to do the following: (1) Take charge of the maintenance and repair of the dredge ditch or drain within the district. (2) Perform other duties assigned to the drainage commissioners under this chapter. (b) A drainage commissioner must have […]
Sec. 12. (a) The initial drainage commissioners serve for terms designated by the board of commissioners of the county as follows: (1) One (1) drainage commissioner for one (1) year. (2) One (1) drainage commissioner for two (2) years. (3) One (1) drainage commissioner for three (3) years. (b) Upon the expiration of the initial […]
Sec. 13. Before entering upon the discharge of their duties, the drainage commissioners shall take and subscribe an oath to do the following: (1) Faithfully and honestly discharge the duties of office without favor or partiality. (2) Give a true account of their work to the board of county commissioners whenever required to do so […]
Sec. 14. The drainage commissioners: (1) shall elect one (1) of the drainage commissioners chairman; and (2) may elect one (1) of the drainage commissioners secretary. [Pre-1995 Recodification Citation: 13-2-21-6(a) part.] As added by P.L.1-1995, SEC.20.
Sec. 15. A majority of the drainage commissioners constitutes a quorum. A quorum is sufficient in any matter within their duties as drainage commissioners. [Pre-1995 Recodification Citation: 13-2-21-6(a) part.] As added by P.L.1-1995, SEC.20.
Sec. 16. (a) Upon the death or removal from the county of a drainage commissioner, the board of commissioners of the county shall appoint a successor. (b) A drainage commissioner is subject to removal for cause upon written charges filed against the drainage commissioner in the circuit court, superior court, or probate court. [Pre-1995 Recodification […]
Sec. 17. (a) A drainage commissioner serves without salary, but is entitled to be paid from the drainage maintenance fund twenty-five dollars ($25) per day, not to exceed five hundred dollars ($500) annually, for every day the drainage commissioner is actively and necessarily employed in the following: (1) Going over the district for the purpose […]
Sec. 18. (a) The drainage commissioners: (1) shall at all times keep and maintain the dredge ditch and drain in proper condition; and (2) may, subject to subsection (b), hire all labor, purchase all material, and do all acts that are necessary and incident to maintaining the ditch and drain. (b) An obligation may not […]
Sec. 19. (a) The drainage commissioners shall do the following: (1) Keep a complete record of their proceedings and note in the record all expenses incurred in the maintenance and repair of the ditch and drain. (2) File with the county auditor an itemized statement showing the costs and expenses of the maintenance, and specifying […]
Sec. 2. As used in this chapter, “district” refers to a drainage maintenance and repair district. [1995 Recodification Citation: New.] As added by P.L.1-1995, SEC.20.
Sec. 20. To raise the drainage maintenance fund, the drainage commissioners shall meet annually to do the following: (1) Estimate the amount of money necessary to properly maintain the ditch and drain for the ensuing year. (2) Determine what percent that amount is of the total of the last assessments made and confirmed by the […]
Sec. 21. The petitioners for the district shall present an itemized statement of all costs incurred by the petitioners in petitioning for the establishment of the district. If the drainage commissioners find the statement to be true and the expenses to be reasonable, the drainage commissioners shall include the expenses in the first assessment and […]
Sec. 22. (a) The drainage commissioners shall, before November 1 of each year, file with the county auditor a certified copy of the resolution fixing the assessment rate. (b) The county auditor shall do the following: (1) Prepare an assessment duplicate assessing each tract of land with an amount determined by multiplying the last assessment […]
Sec. 23. A balance remaining in the drainage maintenance fund at the end of a year shall be carried forward into the drainage maintenance fund for the ensuing year. [Pre-1995 Recodification Citation: 13-2-21-5(e).] As added by P.L.1-1995, SEC.20.
Sec. 24. A district established under this chapter or under IC 13-2-21 (before its repeal) may be dissolved by order of the court that established the district in accordance with: (1) IC 36-9-27-27; or (2) section 25 of this chapter. [Pre-1995 Recodification Citation: 13-2-21-7(a).] As added by P.L.1-1995, SEC.20.
Sec. 25. (a) The court shall dissolve the district if it is shown that a petition for dissolution contains either of the following: (1) The names of a majority of the drainage commissioners. (2) The names of: (A) the owners of at least two-thirds (2/3) of the acreage described within the district; and (B) the […]
Sec. 3. As used in this chapter, “ditch” or “drain” includes the following: (1) A main dredge ditch. (2) The lateral ditches: (A) tributary to a main ditch; and (B) constructed as one (1) system of drainage by the use of a dredge machine. [Pre-1995 Recodification Citation: 13-2-21-1.] As added by P.L.1-1995, SEC.20.
Sec. 4. (a) A petition requesting the establishment of a drainage maintenance and repair district under this chapter may not be filed after June 30, 2001. (b) Twenty percent (20%) of the owners of the real property assessed for a ditch or drain who: (1) would benefit by the construction of the ditch or drain; […]
