36-4-2-1. Application of Chapter
Sec. 1. This chapter applies to all municipalities. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.3.
36-4-2-10. Election of Officers at Large and by District
Sec. 10. At the next general municipal election after a vote in favor of a merger at an election held under section 2 or 3 of this chapter, one (1) set of officers for a municipality having the combined population of the merging municipalities shall be elected by the voters of the merging municipalities as […]
36-4-2-11. Joint Election Board; Members; Powers and Duties
Sec. 11. (a) The election prescribed by section 10 of this chapter shall be conducted in the manner prescribed by the applicable election statutes, except that there must be a joint election board for the new municipality in place of separate boards for each of the merging municipalities. The joint election board consists of: (1) […]
36-4-2-12. Joint Session of Legislative Bodies of Merging Municipalities; Resolution to Fix Boundaries of Districts; Exclusion of Territory in Any Territory or Inclusion of Territory in More Than One District; Certification, Attestation, and Filing of Resolution
Sec. 12. (a) The legislative bodies of municipalities that vote to merge under this chapter shall meet in joint session at the hall of the municipality having the largest population at 8 p.m. on the second Monday of January of the next year in which a general municipal election is to be held. At the […]
36-4-2-13. Elected Officers; Date of Taking Office
Sec. 13. Officers elected under section 10 of this chapter shall qualify and take office at noon on the first Monday of January after their election. [Pre-Local Government Recodification Citation: 18-5-10-17 part.] As added by Acts 1980, P.L.212, SEC.3.
36-4-2-14. Elected Officers; Delivery of Money, Property, and Records by Officers of Merging Municipalities to Successors
Sec. 14. Officers elected under section 10 of this chapter are the successors in office of the officers of municipalities merging under this chapter. When the officers elected under section 10 of this chapter take office, each officer of the merging municipalities shall deliver to the officer’s successor in office all money, property, and records […]
36-4-2-15. Terms of Office of Elective and Appointed Officers of Merging Municipalities
Sec. 15. The terms of office of elective and appointive officers of municipalities merging under this chapter are not shortened by the merger. The officers shall serve out the respective terms of office to which they have been elected or appointed at the time of the election on the proposed merger. [Pre-Local Government Recodification Citation: […]
36-4-2-16. Effect of Merger; Rights, Powers, and Liabilities; Pending Actions
Sec. 16. (a) After a merger under this chapter takes effect, the new municipality: (1) has all the rights, powers, privileges, immunities, and obligations of the merging municipalities; (2) is liable for all the debts, contracts, and liabilities of the merging municipalities; (3) is entitled to all the rights, credits, monies, and properties of the […]
36-4-2-17. Effect of Merger; Ordinances, Rules, and Resolutions; Continuation
Sec. 17. After a merger under this chapter takes effect, the ordinances, rules, resolutions, bylaws, and regulations of each of the merging municipalities remain in force within the territory to which they applied before the merger, and continue in force until amended or repealed by the legislative body or an administrative body of the new […]
36-4-2-2. Resolution; Election; Notice; Ballot; Result; Certified Copies of Agreement and Result of Election
Sec. 2. (a) If the legislative bodies of two (2) or more adjoining municipalities each agree, by resolution, on: (1) the date of an election to consider the merger of the municipalities; and (2) the name by which the municipality formed by the merger would be known; the municipalities shall certify the question to the […]
36-4-2-3. Petition; Contents; Affidavit
Sec. 3. (a) If each of the clerks of two (2) or more adjoining municipalities receives a written petition: (1) signed by at least ten percent (10%) of the qualified voters of the municipality, as determined by the votes cast in the municipality for secretary of state at the most recent general election; (2) requesting […]
36-4-2-4. Election; Date; Notice
Sec. 4. (a) If petitions are filed under section 3 of this chapter, the legislative body of each municipality involved in the proposed merger shall meet and by resolution fix a date for the election. The date must be the same in each of the municipalities, and may not be more than three (3) months […]
36-4-2-5. Petition Proposing Name of Municipality; Submission to Electorate
Sec. 5. (a) If, at least thirty (30) days before an election held under section 3 of this chapter, voters of each municipality involved in the election file with each of their municipal clerks a petition signed by at least the number of voters required under IC 3-8-6-3 to place a candidate on the ballot […]
36-4-2-6. Place of Election; Manner; Expense; Voting
Sec. 6. (a) An election held under section 3 of this chapter shall be held in each municipality in the manner prescribed by IC 3-10-8-6. Each municipality is responsible for the expense of the election within its own corporate boundaries. (b) A voter in an election held under section 3 of this chapter may: (1) […]
36-4-2-7. Filing of Returns of Election; Effect
Sec. 7. (a) After an election held under section 3 of this chapter, the election board shall file with the clerk of each municipality the returns of the election in each voting precinct in the manner prescribed by IC 3-12-4. (b) Within ten (10) days after an election held under section 3 of this chapter, […]
36-4-2-8. Election Year Under This Chapter
Sec. 8. An election held under section 2 or 3 of this chapter may not be held in a calendar year in which a general municipal election is to be held. [Pre-Local Government Recodification Citation: 18-5-10-14 part.] As added by Acts 1980, P.L.212, SEC.3.
36-4-2-9. Effective Date of Merger; Effect of Merger
Sec. 9. (a) A merger approved under this chapter takes effect when: (1) the officers of the new municipality are elected and qualified, as prescribed by section 13 of this chapter; and (2) a copy of the agreement under section 2 of this chapter or the certified election results under section 7 of this chapter […]