(La Porte, IN) - A local official says annexation of the 39 North Conservancy District by the City of La Porte is NOT a done deal.
Shaw Friedman, attorney for the conservancy district, asserted that no deals have been struck and talks won’t resume until the district receives the information it’s asking from the city.
The district wants to receive a copy of the city’s fiscal plan and to know if discounts on water and sewer bills offered by the city as compensation for the investment property owners made in the infrastructure over 20-years ago are legal.
Friedman said 57 percent of freeholders in the district signed a petition requesting annexation. However, he's spoken about receiving calls from at least three people signing the petition who claim they were "incorrectly" led to believe they would receive a cash payout for their investment in the district’s water and sewer system.
Friedman said signatures can also be contested and possibly thrown out as not valid after they are submitted to a court.
“This is a long way from being approved by a court of law,” he said.
He also noted a judge will determine whether there is evidence to support the city’s plan on providing and paying for services to the targeted area.
“This isn’t a quick, easy or simple process,” he said.
Friedman also said the agreement for the city to supply water to the district expires in 2025 but the water cannot be turned off right away as threatened because of a two-year “cooling-off” period under state statute.
During the cooling-off period, he said attempts can be made to persuade the city into entering a new water service agreement without annexing. Friedman also said the city provides water to areas like Legacy Hills and Rolling Prairie without insisting they be annexed.
“Why the rush and insistence on annexing 39 North,” Friedman asked.
Friedman said there’s also been no showing of any health or safety risk by the current fire protection offered by Center Township, noting that studies have shown future growth and development are inhibited until the capacity to deliver more water increases. The district, though, has applied for three grants to pay for a new water tower to help with pressure and capacity and is waiting for decisions on the grant applications.
The city has started the process toward annexing the district since it has signatures from more than one-half of the property owners.
Friedman, though, said there should not be any hurry.
“There’s no reason to rush or force annexation when there are many questions yet to be answered on the costs to taxpayers and whether this is truly in the interests of both the city and conservancy district residents,” he said.
