CHAPTER 1.5. MERGER OF TOWNSHIP GOVERNMENTS
IC 36-6-1.5
Chapter 1.5. Merger of Township Governments
IC 36-6-1.5-1
Applicability
Sec. 1. This chapter does not apply to a township in a countycontaining a consolidated city.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-2
"Former township government"
Sec. 2. As used in this chapter, "former township government"means a township government that merges with at least one (1) othertownship government under this chapter.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-3
"New township government"
Sec. 3. As used in this chapter, "new township government"means the township government that results from the merger of atleast two (2) township governments under this chapter.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-4
General requirements
Sec. 4. At least two (2) township governments may merge to formone (1) township government under this chapter, if:
(1) the township governments are entirely located within thesame county;
(2) all the territory within the township governments is subjectto the merger; and
(3) each township whose government is subject to the merger iscontiguous to at least one (1) other township whose governmentis subject to the merger.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-5
Identical resolutions and county ordinance required
Sec. 5. (a) The township trustees, with the approval of a majorityof the members of the township legislative body of each townshipthat wants to merge township governments under this chapter mustcomply with this section.
(b) The township trustees must present identical resolutionsapproving the township government merger to the trustees' respectivetownship legislative bodies. A township legislative body may adopta resolution under this chapter only after the legislative body hasheld a public hearing concerning the proposed merger. The townshiplegislative body shall hold the hearing not earlier than thirty (30)days after the date the resolution is introduced. The hearing shall beconducted in accordance with IC 5-14-1.5 and notice of the hearing
shall be published in accordance with IC 5-3-1.
(c) The township legislative bodies may adopt the identicalresolutions approving the township government merger under thischapter not later than ninety (90) days after the legislative body hasheld the public hearing under subsection (b). The townships shallsubmit the resolutions to the county legislative body of the countywithin which the townships are located.
(d) The county legislative body of the county where the townshipgovernments are located must:
(1) adopt an ordinance ordering the merger; and
(2) file a copy of the ordinance with:
(A) the circuit court clerk; and
(B) the office of the secretary of state.
(e) The county legislative body may not adopt an ordinanceordering a merger after January 1 of a year in which:
(1) a general election is held; and
(2) a township trustee is elected.
(f) The county legislative body may not adopt an ordinancemerging township governments less than one (1) year before themerger becomes effective.
(g) A merger under this chapter may not reduce the term of atownship trustee of a former township government.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-6
Merger effective upon election and qualification of officers
Sec. 6. The merger becomes effective when the officers of thenew township government are elected and qualified. An officerelected to represent the merged township government shall beconsidered to be a resident of the territory comprising the newtownship government unless the township merger is dissolved underIC 36-6-1.6.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-7
Election of officers
Sec. 7. If township governments merge under this chapter:
(1) IC 36-6-6 applies to the election of the township board; and
(2) IC 36-6-5-1 applies to the election of a township assessor;
of the new township government.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-8
Merger effective date; former township governments abolished;property, functions, and indebtedness transferred
Sec. 8. On the date a merger takes effect:
(1) the former township governments are abolished as separateentities;
(2) each township subject to the merger retains its geographicalboundaries and its name; (3) the territory of the new township government includes allthe territory that comprised the territories of the formertownship governments before the merger;
(4) the agencies of the former township governments areabolished;
(5) the functions of the abolished agencies are assigned toagencies of the new township government;
(6) the:
(A) property;
(B) records;
(C) personnel;
(D) rights; and
(E) liabilities;
related to the functions of the abolished agencies are assignedto agencies of the new township government; and
(7) any bonds and other indebtedness of, or assumed by, theformer township governments are transferred to the newtownship government.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-9
Provisions concerning state and federal licensing, rules,regulations, and governmental assistance
Sec. 9. Upon the corporate dissolution of a township governmentunder this article, the following apply for purposes of all state andfederal licensing and regulatory laws, statutory entitlements, gifts,grants-in-aid, governmental loans, or other governmental assistanceunder state or federal statutes, rules, or regulations:
(1) The entire geographic area and population of a newtownship government that is established under this chapter shallbe used when calculating and determining the distribution basisfor the following:
(A) State or federal government statutory entitlements.
(B) Gifts.
(C) Grants-in-aid.
(D) Loans.
(E) Any form of governmental assistance that is not listed inthis subdivision.
(2) Following a public hearing for which notice is published inaccordance with IC 5-3-1 at least thirty (30) days before thepublic hearing takes place, the executive of a new townshipgovernment that is established under this chapter shalldetermine and designate to the appropriate state or federalagency the:
(A) geographic areas;
(B) parts of roads;
(C) segments of population; or
(D) combinations of the items listed in clauses (A) through(C);
that constitute rural or urban areas, roads, or populations, if this
designation was previously required of any township thatmerges under this chapter.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-10
Resolutions, rules, and bylaws of former township governmentscontinue
Sec. 10. When a new township government is established underthis chapter, the following occur:
(1) The resolutions, rules, and bylaws of each of the formertownship governments:
(A) remain in force within the territory to which they appliedbefore the merger; and
(B) continue in force until amended or repealed by thelegislative body or an administrative body of the newtownship government.
(2) Pending actions that involve any former townshipgovernment shall be prosecuted to final judgment andexecution, and judgments rendered in those actions may beexecuted and enforced against the new township governmentwithout any change of the name of the plaintiff or defendant.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-11
Transfer of funds to new township government
Sec. 11. (a) On the date the formation of a new townshipgovernment takes effect, all money in the funds of each of the formertownship governments is transferred to the new townshipgovernment. The new township government:
(1) shall deposit the money in its funds that most closelycorrespond to the funds of the former township governments;and
(2) may use the money to pay its operational and capital costsfor the balance of the calendar year.
(b) After the date the formation of a new township governmenttakes effect, the new township government is entitled to receive alldistributions of taxes and other revenue that would have been madeto the former township governments if the merger had not occurred.The new township government shall deposit the money in its fundsthat correspond most closely to the funds of the former townshipgovernments into which the taxes or other revenue would have beendeposited if the merger had not occurred.
As added by P.L.240-2005, SEC.3.
IC 36-6-1.5-12
Budget, levy, and tax rate of new township government
Sec. 12. The officers of the new township government shall:
(1) obtain from the department of local government financeapproval under IC 6-1.1-18.5-7 of:
(A) a budget; (B) an ad valorem property tax levy; and
(C) a property tax rate;
(2) fix the annual budget under IC 6-1.1-17;
(3) impose a property tax levy; and
(4) take any action necessary to ensure the collection of feesand other revenue;
for the new township government for the budget year following theyear the officers take office.
As added by P.L.240-2005, SEC.3.