CHAPTER 1.6. DISSOLUTION OF TOWNSHIP GOVERNMENT MERGER
IC 36-6-1.6
Chapter 1.6. Dissolution of Township Government Merger
IC 36-6-1.6-1
"Merged township government"
Sec. 1. As used in this chapter, "merged township government"means the township government that results from the merger of atleast two (2) township governments under IC 36-6-1.5.
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-2
"Reestablished township government"
Sec. 2. As used in this chapter, "reestablished townshipgovernment" means a township government that:
(1) merged with at least one (1) other township governmentunder IC 36-6-1.5; and
(2) is reestablished as a separate township government underthis chapter.
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-3
Petition to reestablish township government
Sec. 3. (a) Freeholders may initiate proceedings to reestablish atownship government by filing a petition in the office of the countyauditor of the county where the freeholder's land is located. Thepetition must be signed by the lesser of:
(1) at least ten percent (10%) of; or
(2) at least fifty (50);
freeholders owning land within the proposed reestablished township.A petition may also be filed with the county auditor by a mergedtownship government under a resolution adopted by the legislativebody of the township government.
(b) A county legislative body may adopt an ordinance that:
(1) dissolves a merger of township governments that took effectunder IC 36-6-1.5; and
(2) reestablishes the township governments that were subject tothe merger.
(c) The county legislative body must file a copy of the ordinancewith:
(1) the circuit court clerk; and
(2) the secretary of state.
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-4
Restrictions on dissolving merged township government
Sec. 4. (a) A county legislative body may not adopt an ordinanceordering a dissolution under section 3 of this chapter after January 1of a year in which:
(1) a general election is held; and
(2) a township trustee is elected. (b) The county legislative body may not adopt an ordinanceordering a dissolution under section 3 of this chapter less than one(1) year before the dissolution takes effect.
(c) A dissolution under this chapter may reduce the term of thetownship trustee of the merged township government.
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-5
Dissolution effective upon election and qualification of officers
Sec. 5. A dissolution under an ordinance adopted under section 3of this chapter becomes effective when the officers of thereestablished township governments are elected and qualified as setforth in IC 36-6.
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-6
Dissolution effective date; former township governmentsreestablished; property, functions, and indebtedness transferred
Sec. 6. (a) On the date on which a dissolution under an ordinanceadopted under section 3 of this chapter takes effect:
(1) the reestablished township governments are established asseparate entities;
(2) the territory of the reestablished township government is thesame as the territory that comprised the reestablished townshipgovernment before the merger;
(3) the agencies of the merged township government areabolished and the agencies of the reestablished townshipgovernments are established;
(4) the functions of the abolished agencies are assigned toagencies of each reestablished township government;
(5) 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 reestablished township governments; and
(6) any bonds and other indebtedness of, or assumed by, themerged township government is the indebtedness of thereestablished township governments.
(b) The county legislative body shall determine the distribution ofproperty, records, and personnel to the reestablished townshipgovernments under subsection (a)(5).
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-7
Provisions concerning state and federal licensing, rules,regulations, and governmental assistance
Sec. 7. Upon the corporate dissolution of a merged township
government under this article, the following apply for purposes of allstate and federal licensing and regulatory laws, statutoryentitlements, gifts, grants-in-aid, governmental loans, or othergovernmental assistance under state or federal statutes, rules, orregulations:
(1) The entire geographic area and population of a reestablishedtownship government created under this chapter shall be usedwhen calculating and determining the distribution basis for thefollowing:
(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 each reestablishedtownship government that is created 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 thisdesignation was previously required of the merged townshipgovernment.
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-8
Resolutions, rules, and bylaws of merged township continue
Sec. 8. When a reestablished township government is createdunder this chapter, the following occur:
(1) The resolutions, rules, and bylaws of the merged townshipgovernment:
(A) remain in force in the reestablished townshipgovernments; and
(B) continue in force until amended or repealed by thelegislative body or an administrative body of thereestablished township government.
(2) Pending actions that involve the merged townshipgovernment shall be prosecuted to final judgment andexecution, and judgments rendered in those actions may beexecuted and enforced against the reestablished townshipgovernments without any change of the name of the plaintiff ordefendant.
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-9
Transfer of funds to reestablished township governments
Sec. 9. (a) On the date on which the formation of a reestablishedtownship government takes effect under this chapter, all money inthe funds of the merged township government is transferred to thereestablished township governments. The county legislative bodyshall determine the allocation of the funds to the reestablishedtownship governments. The reestablished township governments:
(1) shall deposit the money in the funds that most closelycorrespond to the funds of the merged township government;and
(2) may use the money to pay operational and capital costs forthe balance of the calendar year.
(b) After the date on which the formation of a reestablishedtownship government takes effect under this chapter, thereestablished township government is entitled to receive alldistributions of taxes and other revenue that would have been madeto the new township government if the merger had not occurred. Theallocation of the distributions to the reestablished townshipgovernments shall be determined by the county legislative body. Areestablished township government shall deposit the money in itsfunds that correspond most closely to the funds of the mergedtownship government into which the taxes or other revenue wouldhave been deposited if the dissolution had not occurred.
As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-10
Budget, levy, and tax rate of reestablished township government
Sec. 10. The officers of a new reestablished township governmentshall:
(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.4.