CHAPTER 1. CONSOLIDATION AND TRANSFER OF POWERS
IC 36-3
ARTICLE 3. GOVERNMENT OF INDIANAPOLISAND MARION COUNTY (UNIGOV)
IC 36-3-1
Chapter 1. Consolidation and Transfer of Powers
IC 36-3-1-1
Application of chapter
Sec. 1. This chapter applies in each county having a first classcity.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-2
Transitional provisions; change to first class city
Sec. 2. The following transitional provisions apply whenever acity changes into a first class city under this title:
(1) During the period before July 1 of the year in which thechange occurs, the city shall be governed as if it remained asecond class city.
(2) During the period after June 30 of the year in which thechange occurs, the city shall be governed by an interimgovernment under section 3 of this chapter.
(3) On January 1 following the year in which the change occurs,the city becomes a consolidated city.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-3
Interim government of first class city; powers of officers; budgetsand appropriations; appointment of future directors
Sec. 3. (a) The interim government of the first class city duringthe period prescribed by section 2(2) of this chapter consists of:
(1) the city executive, who is interim mayor and has the powersof the executive of a consolidated city;
(2) the city clerk, who is interim clerk and has the powers of theclerk of a consolidated city;
(3) the members of the city legislative body and the members ofthe county fiscal body, who together comprise an interimcity-county council having the powers of the legislative body ofa consolidated city; and
(4) the members of the city legislative body, who togethercomprise an interim special service district council having thepowers of the legislative body of a special service district.
(b) The interim government shall make budgets andappropriations, and impose tax levies and special tax levies, for theconsolidated city, the county, and other political subdivisions for thefollowing year in the manner prescribed by this article.
(c) The interim mayor may appoint the future directors of thedepartments of the consolidated city to assist in planning for thechange into a consolidated city, and the interim special service
district council may make appropriations to finance this planning.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-4
Consolidated city; abolishment of first class city; territory; name;interim government
Sec. 4. (a) When a first class city becomes a consolidated city, thefirst class city is abolished as a separate entity, and the territory ofthe consolidated city includes:
(1) all the territory that comprised the first class city before itbecame a consolidated city; and
(2) all other territory in the county except territory of anexcluded city.
However, certain departments and special taxing districts of theconsolidated city may have jurisdiction as provided by law over moreor less territory than that inside the boundaries of the consolidatedcity.
(b) The consolidated city is known as "City of ______," with thename of the first class city inserted in the blank.
(c) Unless the executive and legislative body of the consolidatedcity are elected during the interim period and take office on the dateprescribed by section 2(3) of this chapter, the members of the interimgovernment prescribed by section 3 of this chapter continue in officeas officers of the consolidated city until an executive and alegislative body of the consolidated city are elected and qualified.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-5
Officers of executive and legislative body; board of commissioners
Sec. 5. (a) When a first class city becomes a consolidated city, theofficers who become the executive and legislative body of theconsolidated city under section 4(c) of this chapter also become theexecutive and legislative body of the county.
(b) The members of the board of commissioners of the county areentitled to remain in office until their terms expire, although theboard is no longer the executive of the county. As their terms expireor their positions become vacant, they shall be replaced by thefollowing officers in the following order:
(1) The county treasurer.
(2) The county auditor.
(3) The county assessor.
These three (3) officers then serve ex officio as commissioners underIC 36-3-3-10.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-5.1
Consolidation of police department and county sheriff'sdepartment
Sec. 5.1. (a) Except for those duties that are reserved by law to thecounty sheriff in this section, the city-county legislative body may by
majority vote adopt an ordinance, approved by the mayor, toconsolidate the police department of the consolidated city and thecounty sheriff's department.
(b) The city-county legislative body may not adopt an ordinanceunder this section unless it first:
(1) holds a public hearing on the proposed consolidation; and
(2) determines that:
(A) reasonable and adequate police protection can beprovided through the consolidation; and
(B) the consolidation is in the public interest.
(c) If an ordinance is adopted under this section, the consolidationshall take effect on the date specified in the ordinance.
(d) Notwithstanding any other law, an ordinance adopted underthis section must provide that the county sheriff's department shall beresponsible for all the following for the consolidated city and thecounty under the direction and control of the sheriff:
(1) County jail operations and facilities.
(2) Emergency communications.
(3) Security for buildings and property owned by:
(A) the consolidated city;
(B) the county; or
(C) both the consolidated city and county.
(4) Service of civil process and collection of taxes under taxwarrants.
(5) Sex and violent offender registration.
(e) The following apply if an ordinance is adopted under thissection:
(1) The department of local government finance shall adjust themaximum permissible ad valorem property tax levy of theconsolidated city and the county for property taxes first due andpayable in the year a consolidation takes effect under thissection. When added together, the adjustments under thissubdivision must total zero (0).
(2) The ordinance must specify which law enforcement officersof the police department and which law enforcement officers ofthe county sheriff's department shall be law enforcementofficers of the consolidated law enforcement department.
(3) The ordinance may not prohibit the providing of lawenforcement services for an excluded city under an interlocalagreement under IC 36-1-7.
(4) A member of the county police force who:
(A) was an employee beneficiary of the sheriff's pensiontrust before the consolidation of the law enforcementdepartments; and
(B) after the consolidation becomes a law enforcementofficer of the consolidated law enforcement department;
remains an employee beneficiary of the sheriff's pension trust.The member retains, after the consolidation, credit in thesheriff's pension trust for service earned while a member of thecounty police force and continues to earn service credit in the
sheriff's pension trust as a member of the consolidated lawenforcement department for purposes of determining themember's benefits from the sheriff's pension trust.
(5) A member of the police department of the consolidated citywho:
(A) was a member of the 1953 fund or the 1977 fund beforethe consolidation of the law enforcement departments; and
(B) after the consolidation becomes a law enforcementofficer of the consolidated law enforcement department;
remains a member of the 1953 fund or the 1977 fund. Themember retains, after the consolidation, credit in the 1953 fundor the 1977 fund for service earned while a member of thepolice department of the consolidated city and continues to earnservice credit in the 1953 fund or the 1977 fund as a member ofthe consolidated law enforcement department for purposes ofdetermining the member's benefits from the 1953 fund or the1977 fund.
(6) The ordinance must designate the merit system that shallapply to the law enforcement officers of the consolidated lawenforcement department.
(7) The ordinance must designate who shall serve as acoapplicant for a warrant or an extension of a warrant underIC 35-33.5-2.
(8) The consolidated city may levy property taxes within theconsolidated city's maximum permissible ad valorem propertytax levy limit to provide for the payment of the expenses for theoperation of the consolidated law enforcement department. Thepolice special service district established under section 6 of thischapter may levy property taxes to provide for the payment ofexpenses for the operation of the consolidated law enforcementdepartment within the territory of the police special servicedistrict. Property taxes to fund the pension obligation underIC 36-8-7.5 may be levied only by the police special servicedistrict within the police special service district. Theconsolidated city may not levy property taxes to fund thepension obligation under IC 36-8-7.5. Property taxes to fund thepension obligation under IC 36-8-8 for members of the 1977police officers' and firefighters' pension and disability fund whowere members of the police department of the consolidated cityon the effective date of the consolidation may be levied only bythe police special service district within the police specialservice district. Property taxes to fund the pension obligationunder IC 36-8-10 for members of the sheriff's pension trust andunder IC 36-8-8 for members of the 1977 police officers' andfirefighters' pension and disability fund who were not membersof the police department of the consolidated city on theeffective date of the consolidation may be levied by theconsolidated city within the consolidated city's maximumpermissible ad valorem property tax levy. The assets of theconsolidated city's 1953 fund and the assets of the sheriff's
pension trust may not be pledged after the effective date of theconsolidation as collateral for any loan.
(9) The executive of the consolidated city shall provide for anindependent evaluation and performance audit, due beforeMarch 1 of the year following the adoption of the consolidationordinance and for the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies,or improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluationand performance audit must be provided to the legislativecouncil in an electronic format under IC 5-14-6 and to thebudget committee.
As added by P.L.227-2005, SEC.17. Amended by P.L.1-2006,SEC.559; P.L.216-2007, SEC.54; P.L.182-2009(ss), SEC.400.
IC 36-3-1-6
Special service districts; special taxing districts
Sec. 6. (a) When a first class city becomes a consolidated city, thefollowing special service districts of the consolidated city arecreated:
(1) Fire special service district.
(2) Police special service district.
(3) Solid waste collection special service district.
(b) The territory of each special service district includes all theterritory that comprised the district as of August 31, 1981, subject toIC 36-3-2-3(b).
(c) When a first class city becomes a consolidated city, all of thefollowing special taxing districts existing in the city continue asspecial taxing districts of the consolidated city including thefollowing territory:
(1) Flood control district, including all the territory in thecounty.
(2) Park district, including all the territory in the county.
(3) Redevelopment district, including all the territory in theconsolidated city.
(4) Sanitary district, including all the territory that comprisedthe district as of August 31, 1981.
(5) Waste disposal district, including all the territory thatcomprised the district as of August 31, 1981.
In addition, a metropolitan thoroughfare district, including all theterritory in the county, is created as a special taxing district of theconsolidated city.
(d) The territory of each special taxing district is subject toIC 36-3-2-3(b).
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981,P.L.17, SEC.15; Acts 1982, P.L.77, SEC.4.
IC 36-3-1-6.1
Consolidation of fire departments Sec..6.1. (a) This section applies only in a county containing aconsolidated city. If the requirements of subsection (g) are satisfied,the fire departments of the following are consolidated into the firedepartment of a consolidated city (referred to as "the consolidatedfire department"):
(1) A township for which the consolidation is approved by thetownship legislative body and trustee and the legislative bodyand mayor of the consolidated city.
(2) Any fire protection territory established under IC 36-8-19that is located in a township described in subdivision (1).
(b) If the requirements of subsection (g) are satisfied, theconsolidated fire department shall provide fire protection serviceswithin an entity described in subsection (a)(1) or (a)(2) in which therequirements of subsection (g) are satisfied on the date agreed to inthe resolution of the township legislative body and the ordinance ofthe legislative body of the consolidated city.
(c) If the requirements of subsection (g) are satisfied and the firedepartment of an entity listed in subsection (a) is consolidated intothe fire department of the consolidated city, all of the property,equipment, records, rights, and contracts of the departmentconsolidated into the fire department of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.However, real property other than real property used as a fire stationmay be transferred only on terms mutually agreed to by thelegislative body and mayor of the consolidated city and the trusteeand legislative body of the township in which that real property islocated.
(d) If the requirements of subsection (g) are satisfied and the firedepartment of an entity listed in subsection (a) is consolidated intothe fire department of the consolidated city, the employees of the firedepartment consolidated into the fire department of the consolidatedcity cease employment with the department of the entity listed insubsection (a) and become employees of the consolidated firedepartment on the effective date of the consolidation. Theconsolidated city shall assume all agreements with labororganizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into thefire department of the consolidated city who become employeesof the consolidated fire department.
(e) If the requirements of subsection (g) are satisfied and the firedepartment of an entity listed in subsection (a) is consolidated intothe fire department of a consolidated city, the indebtedness relatedto fire protection services incurred before the effective date of theconsolidation by the entity or a building, holding, or leasingcorporation on behalf of the entity whose fire department isconsolidated into the consolidated fire department under subsection(a) shall remain the debt of the entity and does not become and may
not be assumed by the consolidated city. Indebtedness related to fireprotection services that is incurred by the consolidated city beforethe effective date of the consolidation shall remain the debt of theconsolidated city and property taxes levied to pay the debt may onlybe levied by the fire special service district.
(f) If the requirements of subsection (g) are satisfied and the firedepartment of an entity listed in subsection (a) is consolidated intothe fire department of a consolidated city, the merit board and themerit system of the fire department that is consolidated are dissolvedon the effective date of the consolidation, and the duties of the meritboard are transferred to and assumed by the merit board for theconsolidated fire department on the effective date of theconsolidation.
(g) A township legislative body, after approval by the townshiptrustee, may adopt a resolution approving the consolidation of thetownship's fire department with the fire department of theconsolidated city. A township legislative body may adopt aresolution under this subsection only after the township legislativebody has held a public hearing concerning the proposedconsolidation. The township legislative body shall hold the hearingnot earlier than thirty (30) days after the date the resolution isintroduced. The hearing shall be conducted in accordance withIC 5-14-1.5 and notice of the hearing shall be published inaccordance with IC 5-3-1. If the township legislative body hasadopted a resolution under this subsection, the township legislativebody shall, after approval from the township trustee, forward theresolution to the legislative body of the consolidated city. If such aresolution is forwarded to the legislative body of the consolidatedcity and the legislative body of the consolidated city adopts anordinance, approved by the mayor of the consolidated city, approvingthe consolidation of the fire department of the township into the firedepartment of the consolidated city, the requirements of thissubsection are satisfied. The consolidation shall take effect on thedate agreed to by the township legislative body in its resolution andby the legislative body of the consolidated city in its ordinanceapproving the consolidation.
(h) The following apply if the requirements of subsection (g) aresatisfied:
(1) The consolidation of the fire department of that township iseffective on the date agreed to by the township legislative bodyin the resolution and by the legislative body of the consolidatedcity in its ordinance approving the consolidation.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effectivedate of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee ofthe fire department of a consolidated city under this section;
remains a member of the 1977 fund without being required tomeet the requirements under IC 36-8-8-19 and IC 36-8-8-21.The firefighter shall receive credit for any service as a member
of the 1977 fund before the consolidation to determine thefirefighter's eligibility for benefits under IC 36-8-8.
(3) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effectivedate of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee ofthe fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shallreceive credit for any service as a member of the 1937 fundbefore the consolidation to determine the firefighter's eligibilityfor benefits under IC 36-8-7.
(4) For property taxes first due and payable in the year in whichthe consolidation is effective, the maximum permissible advalorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equalto the maximum permissible ad valorem property tax levy inthe year preceding the year in which the consolidation iseffective for fire protection and related services by thetownship whose fire department is consolidated into the firedepartment of the consolidated city under this section; and
(B) is reduced for the township whose fire department isconsolidated into the fire department of the consolidated cityunder this section by the amount equal to the maximumpermissible ad valorem property tax levy in the yearpreceding the year in which the consolidation is effective forfire protection and related services for the township.
(5) The amount levied in the year preceding the year in whichthe consolidation is effective by the township whose firedepartment is consolidated into the fire department of theconsolidated city for the township's cumulative building andequipment fund for fire protection and related services istransferred on the effective date of the consolidation to theconsolidated city's cumulative building and equipment fund forfire protection and related services, which is hereby established.The consolidated city is exempted from the requirements ofIC 36-8-14 and IC 6-1.1-41 regarding establishment of thecumulative building and equipment fund for fire protection andrelated services.
(6) The local boards for the 1937 firefighters' pension fund andthe 1977 police officers' and firefighters' pension and disabilityfund of the township are dissolved, and their services areterminated not later than the effective date of the consolidation.The duties performed by the local boards under IC 36-8-7 andIC 36-8-8, respectively, are assumed by the consolidated city'slocal board for the 1937 firefighters' pension fund and localboard for the 1977 police officers' and firefighters' pension anddisability fund, respectively. Notwithstanding any otherprovision, the legislative body of the consolidated city mayadopt an ordinance to adjust the membership of theconsolidated city's local board to reflect the consolidation. (7) The consolidated city may levy property taxes within theconsolidated city's maximum permissible ad valorem propertytax levy limit to provide for the payment of the expenses for theoperation of the consolidated fire department. However,property taxes to fund the pension obligation under IC 36-8-7for members of the 1937 firefighters fund who were employeesof the consolidated city at the time of the consolidation may belevied only by the fire special service district within the firespecial service district. The fire special service districtestablished under IC 36-3-1-6 may levy property taxes toprovide for the payment of expenses for the operation of theconsolidated fire department within the territory of the firespecial service district. Property taxes to fund the pensionobligation under IC 36-8-8 for members of the 1977 policeofficers' and firefighters' pension and disability fund who weremembers of the fire department of the consolidated city on theeffective date of the consolidation may be levied only by thefire special service district within the fire special servicedistrict. Property taxes to fund the pension obligation formembers of the 1937 firefighters fund who were not membersof the fire department of the consolidated city on the effectivedate of the consolidation and members of the 1977 policeofficers' and firefighters' pension and disability fund who werenot members of the fire department of the consolidated city onthe effective date of the consolidation may be levied by theconsolidated city within the city's maximum permissible advalorem property tax levy. However, these taxes may be leviedonly within the fire special service district and any townshipsthat have consolidated fire departments under this section.
(8) The executive of the consolidated city shall provide for anindependent evaluation and performance audit, due beforeMarch 1 of the year in which the consolidation is effective andbefore March 1 in each of the following two (2) years, todetermine:
(A) the amount of any cost savings, operational efficiencies,or improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluationand performance audit must be provided to the legislativecouncil in an electronic format under IC 5-14-6 and to the statebudget committee.
As added by P.L.227-2005, SEC.18. Amended by P.L.1-2006,SEC.560.
IC 36-3-1-6.2
Emergency ambulance services
Sec..6.2. (a) If a consolidated fire department is established undersection 6.1 of this chapter, the consolidated city, through theconsolidated fire department, shall after the consolidation establish,operate, and maintain emergency ambulance services (as defined in
IC.16-18-2-107) in the fire special service district and in thosetownships in the county that are consolidated under section 6.1 ofthis chapter.
(b) This section does not prohibit the providing of emergencyambulance services under an interlocal agreement under IC 36-1-7.
As added by P.L.227-2005, SEC.19.
IC 36-3-1-7
Excluded cities; included towns
Sec. 7. (a) A municipality, other than a first class city, having apopulation of more than five thousand (5,000) in the county is knownas an excluded city and does not become part of the consolidated cityunder this chapter. In addition, a municipality that had qualified asan excluded city before January 1, 1973, under IC 18-4-1-2(d)(repealed September 1, 1981), is considered an excluded city. Anyother municipality is known as an included town and does becomepart of the consolidated city under this chapter.
(b) This article applies to any part of an included town that isinside the county boundaries, even though part of it is outside thoseboundaries.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.3-1990,SEC.124.
IC 36-3-1-8
Transfer of functions and obligations
Sec. 8. (a) When a first class city becomes a consolidated city, theagencies of the first class city are abolished and their functions areassigned to agencies of the consolidated city as provided by this title.When these functions are transferred in this manner, the property,records, personnel, rights, and liabilities related to the functions arelikewise transferred, except that the city-county legislative body may,by ordinance, provide that they be transferred to a different agency.
(b) Notwithstanding subsection (a), these obligations aretransferred as follows when a first class city becomes a consolidatedcity:
(1) Bonds and other indebtedness of a special taxing district, tothe special taxing district that continues to have the function ofthe district on account of which the bonds and indebtednesswere issued.
(2) Bonds and other indebtedness relating to a functiontransferred to a special service district, to the consolidated city.
(3) Any other bonds and other indebtedness of, or assumed by,the first class city, to the consolidated city.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-9
Ordinances; application; disposition
Sec. 9. (a) When a first class city becomes a consolidated city,every ordinance of:
(1) the first class city; (2) the county;
(3) a mass transportation authority of the county; or
(4) any other municipal corporation the functions of which aretransferred to the consolidated city by this title;
becomes an ordinance of the consolidated city and shall be enforcedonly by the consolidated city.
(b) Such an ordinance continues to apply only in the territory inwhich it applied before becoming an ordinance of the consolidatedcity, subject to subsection (c).
(c) Such an ordinance may be codified, amended, or repealed bythe city-county legislative body in the same manner as otherordinances under this title.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-10
Annexation proceedings pending; continuation; expansion effect
Sec. 10. If any annexation proceedings concerning territory insidethe county are pending when a first class city becomes a consolidatedcity, the annexation proceedings shall be continued as if this chapterdid not apply. However, if the annexation later takes effect, thefollowing provisions apply:
(1) If the annexation is by the first class city, it has the effect ofexpanding the special service districts created by section 6 ofthis chapter.
(2) If the annexation is by another municipality in the county,it has the effect of expanding the municipality as an excludedcity or included town.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-11
Effect of change on political subdivisions in county; continuationof powers and rights
Sec. 11. Political subdivisions in the county are not affected whena first class city becomes a consolidated city, except to the extent thatthis title limits their functions or transfers them to the consolidatedcity. Such a political subdivision continues to have:
(1) the power to levy and collect property taxes in furtheranceof functions not transferred to the consolidated city; and
(2) if applicable, the power to adopt and enforce ordinancesprescribing a penalty for violation.
In addition, an excluded city or included town continues to have theright to receive distributions of revenues collected by the state, in themanner prescribed by statute, including distributions from the motorvehicle highway account, the cigarette tax fund, alcoholic beveragefees, and other tax revenues.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-12
Alteration of status, boundaries, or ordinances of politicalsubdivisions Sec. 12. This chapter does not alter the status, boundaries, orordinances of political subdivisions in a county where a first classcity became a consolidated city before September 1, 1981. Thestatus, boundaries, and ordinances remain as they existed on August31, 1981, until altered according to the applicable law.
As added by Acts 1980, P.L.212, SEC.2.