Title 36, LOCAL GOVERNMENT

through park property; powers of board Sec. 9. (a) The board has, subject to statute and to the right given by section 5 of this chapter to other municipalities within the district to operate separate parks and recreational facilities, exclusive control of all property within the…

Sec. 1. The governing body of a district may take action by adoption of an ordinance. As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

Sec. 1. This chapter applies only to Class 1 public libraries. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-4-1.] As added by P.L.1-2005, SEC.49.

Sec. 2. (a) A public library may merge with any other public library. (b) The merger of at least two (2) public libraries must be initiated by a majority of the entire membership of each library board signing a resolution initiating the planning of a merger. [Pre-2005 Elementary …

Sec. 3. (a) Not more than thirty (30) days after a resolution calling for the planning of a merger is signed under section 2 of this chapter, each library board seeking to merge under this chapter shall appoint three (3) individuals to serve on a planning committee to develop a p…

Sec. 4. (a) A copy of the resolution adopting the merger described in section 3(e) of this chapter must be filed with: (1) the county recorder in each county in which merging library districts are located; and (2) the Indiana state library. (b) After the resolution adopting the m…

Sec. 1. (a) Any of the following may reorganize under this chapter: (1) Two (2) or more counties. A county reorganizing under this subdivision must be adjacent to at least one (1) other county participating in the reorganization. (2) Two (2) or more townships located entirely wit…

Sec. 10. (a) The legislative body of a political subdivision may initiate a proposed reorganization under this chapter by adopting a resolution that: (1) proposes a reorganization; and (2) names the political subdivisions that would be reorganized in the proposed reorganization. …

Sec. 11. (a) The voters of a political subdivision may initiate a proposed reorganization by filing a written petition, substantially in the form prescribed by the department, with the clerk of the political subdivision that: (1) proposes a reorganization; (2) names the political…

Sec. 12. (a) If a petition is certified to the legislative body of a political subdivision under section 11 of this chapter, the legislative body shall conduct a public hearing on the proposed reorganization not sooner than five (5) days after publishing a notice of the public he…

Sec. 13. (a) The legislative body of a political subdivision that receives a certified resolution under section 10 or 12 of this chapter shall do any of the following: (1) Adopt a resolution declining to participate in a proposed reorganization. The resolution must detail why the…

Sec. 14. The legislative body of a political subdivision may revise a resolution certified under section 10, 12, or 13 of this chapter by adding or deleting proposed parties to the reorganization until all of the political subdivisions named in the resolution have adopted substan…

Sec. 18. (a) A reorganization committee (before January 1, 2014) or the legislative bodies of the reorganizing political subdivisions (after December 31, 2013) shall prepare a comprehensive plan of reorganization for the reorganizing political subdivisions. The plan of reorganiza…

Sec. 19. The legislative body of each of the reorganizing political subdivisions shall provide for the following: (1) Consideration of a plan of reorganization in the form of a resolution incorporating the plan of reorganization in full or by reference. (2) Reading of the resolut…

Sec. 2. For purposes of this chapter, two (2) political subdivisions may not be treated as adjacent if the political subdivisions are connected by a strip of land that is less than one hundred fifty (150) feet wide. As added by P.L.186-2006, SEC.4.

Sec. 20. At a public hearing on a plan of reorganization conducted under section 19 of this chapter, or in a public meeting held not more than thirty (30) days after the public hearing concludes, a legislative body of a reorganizing political subdivision shall do one (1) of the f…

Sec. 21. Any modifications in a plan of reorganization that are adopted by a legislative body of a reorganizing political subdivision must be adopted by the legislative body of each of the reorganizing political subdivisions before the modifications are effective. As added by P.L…

Sec. 22. The legislative body of each reorganizing political subdivision shall take any of the actions described in section 20 of this chapter on a revised plan of reorganization and each resolution modifying a plan of reorganization or revised plan of reorganization in the same …

Sec. 23. The legislative body of a reorganizing political subdivision shall certify the legislative body's final action on a plan of reorganization or revised plan of reorganization, as modified by the legislative body, in the manner prescribed by the department of local governme…

Sec. 23.5. This section does not apply to a final plan of reorganization that is adopted and rescinded by the legislative body of a political subdivision under section 27.5 of this chapter. If the legislative bodies of all political subdivisions that have been presented with (bef…

Sec. 24. The legislative body of the reorganizing political subdivision with the largest population shall provide for a certified copy of the plan of reorganization to be filed with each of the following at the same time certifications are made under section 23 of this chapter: (…

Sec. 25. Each county recorder receiving a certification under section 23 of this chapter, either from the legislative body of a political subdivision or from a clerk of the circuit court after a petition process under section 23.5 of this chapter in a political subdivision, shall…

Sec. 26. When a county recorder has received certifications under this chapter from all of the reorganizing political subdivisions, either from the legislative body of a political subdivision or from a clerk of the circuit court after a petition process under section 23.5 of this…

Sec. 27. After the county recorder of each county in which reorganizing political subdivisions are located has notified the county election board under section 26 of this chapter, the county election board shall prepare and submit ballot language to the department of local govern…

Sec. 27.5. (a) Before the public question on a reorganization under this chapter is placed on the ballot, the legislative body of a political subdivision may adopt a resolution to rescind the plan of reorganization previously adopted and certified by the legislative body. The res…

Sec. 28. (a) A public question under this chapter shall be placed on the ballot in all of the precincts that are located in the reorganizing political subdivisions in substantially the following form: (Insert a brief description of the structure of the proposed reorganized politi…

Sec. 29. IC 3 applies to the election at which a public question under this chapter is considered. As added by P.L.186-2006, SEC.4.

Sec. 3. Political subdivisions described in section 1 of this chapter may participate under this chapter in any of the following types of reorganization: (1) Consolidation of the participating political subdivisions into a single new political subdivision. (2) Consolidation of th…

Sec. 30. (a) Except as provided in subsections (b) and (c), at the same time that election results are certified under IC 3, the circuit court clerk of each of the counties in which a public question under this chapter is on the ballot shall jointly issue, in the form prescribed …

Sec. 31. Each county recorder receiving a certification from a circuit court clerk under section 30 of this chapter shall file the certification without charge with the plan of reorganization recorded under section 25 of this chapter. As added by P.L.186-2006, SEC.4.

Sec. 32. (a) This subsection does not apply to a reorganization described in section 1(a)(7) or 1(a)(9) of this chapter. A reorganization as specified in the plan of reorganization is approved if a majority of the voters in each reorganizing political subdivision voting on the pu…

Sec. 33. Except in the case of a reorganization described in section 1(a)(7) or 1(a)(9) of this chapter, if a reorganization is not approved by the majority of the voters in each reorganizing political subdivision voting on the public question, the reorganization is terminated. A…

Sec. 34. (a) This section applies if: (1) in the case of a reorganization that is not described in section 1(a)(7) or 1(a)(9) of this chapter, the majority of the voters of each of the reorganizing political subdivisions voting on the public question approve the public question c…

Sec. 34.5. (a) This section applies to a reorganization under this chapter that: (1) occurs after June 30, 2006; and (2) involves one (1) or more municipalities and one (1) or more townships, all of which are participating units in a fire protection territory on the date the reor…

Sec. 35. (a) This section applies to an initial election: (1) of the members of a governing body or officers that are elected by the voters for a reorganized political subdivision that: (A) is a town; and (B) has town boundaries that encompass part of another town that was part o…

Sec. 36. (a) This section applies if section 5 of this chapter requires an election for a reorganization to become effective. (b) At the next: (1) general election, if: (A) the reorganized political subdivision is not a municipality or a school corporation; or (B) the reorganized…

Sec. 37. The legislative bodies of the reorganizing political subdivisions and an adjacent political subdivision may change the boundaries of the reorganized political subdivision by adopting substantially identical resolutions clearly describing the boundary changes. The resolut…

Sec. 38. (a) A reorganized political subdivision has the powers granted by statute to a political subdivision of the same type as the reorganized political subdivision, including a power described in subsection (b). However, if authorized by the plan of reorganization approved by…

Sec. 38.5. (a) This section applies on or after January 1, 2024, and only to the legislative body of a town that has a mayor as a result of a reorganization under this article. (b) The town legislative body may hire or contract with competent attorneys and legal research assistan…

Sec. 39. (a) If a law does not permit the reorganized political subdivision to exercise generally throughout the territory of the reorganized political subdivision a power that any of the reorganizing political subdivisions had before the reorganization, the reorganized political…

Sec. 39.5. A plan of reorganization may establish within a reorganized political subdivision territories or districts: (1) in which specified services provided by the reorganized political subdivision will be provided at different levels, quantities, or amounts; and (2) in which …

Sec. 4. As part of a reorganization in a finally approved plan of reorganization, one (1) or more of the reorganizing political subdivisions or the reorganized political subdivision may do the following: (1) Adjust any of its boundaries. (2) Establish a joint service area with an…

Sec. 4.5. (a) This section applies to a reorganization that has begun under this chapter after November 1, 2025, and before November 30, 2025. (b) Notwithstanding any other provision of this chapter, the legislative body of a county may not unilaterally require a unit participati…

Sec. 40. The following apply in the case of a reorganization under this article: (1) Indebtedness that was incurred by a political subdivision before the reorganization: (A) may not be imposed on taxpayers that were not responsible for payment of the indebtedness before the reorg…

Sec. 40.5. The following apply in the case of a reorganization under this article that includes a township and another political subdivision: (1) If the township borrowed money from a township fund under IC 36-6-6-14(c) to pay the operating expenses of the township fire departmen…

Sec. 41. (a) Notwithstanding any other law, an individual: (1) who is employed as a firefighter or a police officer by a political subdivision that is reorganized under this article; (2) who is a member of the 1977 fund before the effective date of the reorganization under this a…