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 at
least 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 township
government" means a township government that:
(1) merged with at least one (1) other township government
under IC 36-6-1.5; and
(2) is reestablished as a separate township government under
this 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 a
township government by filing a petition in the office of the county
auditor of the county where the freeholder's land is located. The
petition 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 merged
township government under a resolution adopted by the legislative
body of the township government.
(b) A county legislative body may adopt an ordinance that:
(1) dissolves a merger of township governments that took effect
under IC 36-6-1.5; and
(2) reestablishes the township governments that were subject to
the merger.
(c) The county legislative body must file a copy of the ordinance
with:
(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 ordinance
ordering a dissolution under section 3 of this chapter after January 1
of 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 ordinance
ordering 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 the
township 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 3
of this chapter becomes effective when the officers of the
reestablished township governments are elected and qualified as set
forth in IC 36-6. As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-6 Dissolution effective date; former township governments
reestablished; property, functions, and indebtedness transferred
Sec. 6. (a) On the date on which a dissolution under an ordinance
adopted under section 3 of this chapter takes effect:
(1) the reestablished township governments are established as
separate entities;
(2) the territory of the reestablished township government is the
same as the territory that comprised the reestablished township
government before the merger;
(3) the agencies of the merged township government are
abolished and the agencies of the reestablished township
governments are established;
(4) the functions of the abolished agencies are assigned to
agencies 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 assigned
to agencies of the reestablished township governments; and
(6) any bonds and other indebtedness of, or assumed by, the
merged township government is the indebtedness of the
reestablished township governments.
(b) The county legislative body shall determine the distribution of
property, records, and personnel to the reestablished township
governments 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 all
state and federal licensing and regulatory laws, statutory
entitlements, gifts, grants-in-aid, governmental loans, or other
governmental assistance under state or federal statutes, rules, or
regulations:
(1) The entire geographic area and population of a reestablished
township government created under this chapter shall be used
when calculating and determining the distribution basis for 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 in
this subdivision.
(2) Following a public hearing for which notice is published in
accordance with IC 5-3-1 at least thirty (30) days before the
public hearing takes place, the executive of each reestablished
township government that is created under this chapter shall
determine and designate to the appropriate state or federal
agency 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 the merged township
government. 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 created
under this chapter, the following occur:
(1) The resolutions, rules, and bylaws of the merged township
government:
(A) remain in force in the reestablished township
governments; and
(B) continue in force until amended or repealed by the
legislative body or an administrative body of the
reestablished township government.
(2) Pending actions that involve the merged township
government shall be prosecuted to final judgment and
execution, and judgments rendered in those actions may be
executed and enforced against the reestablished township
governments without any change of the name of the plaintiff or
defendant. 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 reestablished
township government takes effect under this chapter, all money in
the funds of the merged township government is transferred to the
reestablished township governments. The county legislative body
shall determine the allocation of the funds to the reestablished
township governments. The reestablished township governments:
(1) shall deposit the money in the funds that most closely
correspond to the funds of the merged township government;
and
(2) may use the money to pay operational and capital costs for
the balance of the calendar year.
(b) After the date on which the formation of a reestablished
township government takes effect under this chapter, the
reestablished township government is entitled to receive all
distributions of taxes and other revenue that would have been made
to the new township government if the merger had not occurred. The
allocation of the distributions to the reestablished township
governments shall be determined by the county legislative body. A
reestablished township government shall deposit the money in its
funds that correspond most closely to the funds of the merged
township government into which the taxes or other revenue would
have 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 government
shall:
(1) obtain from the department of local government finance
approval 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 fees
and other revenue;
for the new township government for the budget year following the
year the officers take office. As added by P.L.240-2005, SEC.4.
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 at
least 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 township
government" means a township government that:
(1) merged with at least one (1) other township government
under IC 36-6-1.5; and
(2) is reestablished as a separate township government under
this 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 a
township government by filing a petition in the office of the county
auditor of the county where the freeholder's land is located. The
petition 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 merged
township government under a resolution adopted by the legislative
body of the township government.
(b) A county legislative body may adopt an ordinance that:
(1) dissolves a merger of township governments that took effect
under IC 36-6-1.5; and
(2) reestablishes the township governments that were subject to
the merger.
(c) The county legislative body must file a copy of the ordinance
with:
(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 ordinance
ordering a dissolution under section 3 of this chapter after January 1
of 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 ordinance
ordering 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 the
township 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 3
of this chapter becomes effective when the officers of the
reestablished township governments are elected and qualified as set
forth in IC 36-6. As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-6 Dissolution effective date; former township governments
reestablished; property, functions, and indebtedness transferred
Sec. 6. (a) On the date on which a dissolution under an ordinance
adopted under section 3 of this chapter takes effect:
(1) the reestablished township governments are established as
separate entities;
(2) the territory of the reestablished township government is the
same as the territory that comprised the reestablished township
government before the merger;
(3) the agencies of the merged township government are
abolished and the agencies of the reestablished township
governments are established;
(4) the functions of the abolished agencies are assigned to
agencies 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 assigned
to agencies of the reestablished township governments; and
(6) any bonds and other indebtedness of, or assumed by, the
merged township government is the indebtedness of the
reestablished township governments.
(b) The county legislative body shall determine the distribution of
property, records, and personnel to the reestablished township
governments 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 all
state and federal licensing and regulatory laws, statutory
entitlements, gifts, grants-in-aid, governmental loans, or other
governmental assistance under state or federal statutes, rules, or
regulations:
(1) The entire geographic area and population of a reestablished
township government created under this chapter shall be used
when calculating and determining the distribution basis for 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 in
this subdivision.
(2) Following a public hearing for which notice is published in
accordance with IC 5-3-1 at least thirty (30) days before the
public hearing takes place, the executive of each reestablished
township government that is created under this chapter shall
determine and designate to the appropriate state or federal
agency 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 the merged township
government. 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 created
under this chapter, the following occur:
(1) The resolutions, rules, and bylaws of the merged township
government:
(A) remain in force in the reestablished township
governments; and
(B) continue in force until amended or repealed by the
legislative body or an administrative body of the
reestablished township government.
(2) Pending actions that involve the merged township
government shall be prosecuted to final judgment and
execution, and judgments rendered in those actions may be
executed and enforced against the reestablished township
governments without any change of the name of the plaintiff or
defendant. 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 reestablished
township government takes effect under this chapter, all money in
the funds of the merged township government is transferred to the
reestablished township governments. The county legislative body
shall determine the allocation of the funds to the reestablished
township governments. The reestablished township governments:
(1) shall deposit the money in the funds that most closely
correspond to the funds of the merged township government;
and
(2) may use the money to pay operational and capital costs for
the balance of the calendar year.
(b) After the date on which the formation of a reestablished
township government takes effect under this chapter, the
reestablished township government is entitled to receive all
distributions of taxes and other revenue that would have been made
to the new township government if the merger had not occurred. The
allocation of the distributions to the reestablished township
governments shall be determined by the county legislative body. A
reestablished township government shall deposit the money in its
funds that correspond most closely to the funds of the merged
township government into which the taxes or other revenue would
have 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 government
shall:
(1) obtain from the department of local government finance
approval 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 fees
and other revenue;
for the new township government for the budget year following the
year the officers take office. As added by P.L.240-2005, SEC.4.
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 at
least 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 township
government" means a township government that:
(1) merged with at least one (1) other township government
under IC 36-6-1.5; and
(2) is reestablished as a separate township government under
this 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 a
township government by filing a petition in the office of the county
auditor of the county where the freeholder's land is located. The
petition 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 merged
township government under a resolution adopted by the legislative
body of the township government.
(b) A county legislative body may adopt an ordinance that:
(1) dissolves a merger of township governments that took effect
under IC 36-6-1.5; and
(2) reestablishes the township governments that were subject to
the merger.
(c) The county legislative body must file a copy of the ordinance
with:
(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 ordinance
ordering a dissolution under section 3 of this chapter after January 1
of 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 ordinance
ordering 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 the
township 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 3
of this chapter becomes effective when the officers of the
reestablished township governments are elected and qualified as set
forth in IC 36-6. As added by P.L.240-2005, SEC.4.
IC 36-6-1.6-6 Dissolution effective date; former township governments
reestablished; property, functions, and indebtedness transferred
Sec. 6. (a) On the date on which a dissolution under an ordinance
adopted under section 3 of this chapter takes effect:
(1) the reestablished township governments are established as
separate entities;
(2) the territory of the reestablished township government is the
same as the territory that comprised the reestablished township
government before the merger;
(3) the agencies of the merged township government are
abolished and the agencies of the reestablished township
governments are established;
(4) the functions of the abolished agencies are assigned to
agencies 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 assigned
to agencies of the reestablished township governments; and
(6) any bonds and other indebtedness of, or assumed by, the
merged township government is the indebtedness of the
reestablished township governments.
(b) The county legislative body shall determine the distribution of
property, records, and personnel to the reestablished township
governments 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 all
state and federal licensing and regulatory laws, statutory
entitlements, gifts, grants-in-aid, governmental loans, or other
governmental assistance under state or federal statutes, rules, or
regulations:
(1) The entire geographic area and population of a reestablished
township government created under this chapter shall be used
when calculating and determining the distribution basis for 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 in
this subdivision.
(2) Following a public hearing for which notice is published in
accordance with IC 5-3-1 at least thirty (30) days before the
public hearing takes place, the executive of each reestablished
township government that is created under this chapter shall
determine and designate to the appropriate state or federal
agency 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 the merged township
government. 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 created
under this chapter, the following occur:
(1) The resolutions, rules, and bylaws of the merged township
government:
(A) remain in force in the reestablished township
governments; and
(B) continue in force until amended or repealed by the
legislative body or an administrative body of the
reestablished township government.
(2) Pending actions that involve the merged township
government shall be prosecuted to final judgment and
execution, and judgments rendered in those actions may be
executed and enforced against the reestablished township
governments without any change of the name of the plaintiff or
defendant. 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 reestablished
township government takes effect under this chapter, all money in
the funds of the merged township government is transferred to the
reestablished township governments. The county legislative body
shall determine the allocation of the funds to the reestablished
township governments. The reestablished township governments:
(1) shall deposit the money in the funds that most closely
correspond to the funds of the merged township government;
and
(2) may use the money to pay operational and capital costs for
the balance of the calendar year.
(b) After the date on which the formation of a reestablished
township government takes effect under this chapter, the
reestablished township government is entitled to receive all
distributions of taxes and other revenue that would have been made
to the new township government if the merger had not occurred. The
allocation of the distributions to the reestablished township
governments shall be determined by the county legislative body. A
reestablished township government shall deposit the money in its
funds that correspond most closely to the funds of the merged
township government into which the taxes or other revenue would
have 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 government
shall:
(1) obtain from the department of local government finance
approval 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 fees
and other revenue;
for the new township government for the budget year following the
year the officers take office. As added by P.L.240-2005, SEC.4.
