Citations Affected: IC 36-1; IC 36-6-1-6.
Synopsis: Alteration and formation of townships. Allows a township
that is not located: (1) in Marion County; and (2) within a municipality;
to become part of a contiguous township in the county if the transfer is
approved by a referendum in the township seeking transfer. Allows the
entire territory of a municipality that is not located in Marion County
to become part of a contiguous township in the county if the transfer is
approved by a referendum in the municipality seeking transfer. Allows
the entire territory of a municipality that is not located in Marion
County to become a new township if the formation of the new township
is approved by a referendum in the municipality seeking transfer.
Repeals the provision imposing minimum size or valuation
requirements on a newly created or altered township.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
consolidated city.
Sec. 2. As used in this chapter, "order" refers to an ordinance
adopted by the county executive under section 14 of this chapter
that orders the alteration of township boundaries.
Sec. 3. As used in this chapter, "recipient township" refers to a
township to which the territory within a municipality is
transferred under this chapter.
Sec. 4. As used in this chapter, "transferring municipality"
refers to a municipality the territory of which becomes part of a
contiguous township under this chapter.
Sec. 5. This chapter does not prohibit:
(1) reorganizing; or
(2) altering the boundaries;
of one (1) or more townships under any other law.
Sec. 6. (a) The territory of a municipality may become part of
a contiguous township within the county as provided in this
chapter.
(b) A municipality may not transfer less than its entire territory
to a contiguous township under this chapter.
Sec. 7. For purposes of this chapter, the boundaries of a
municipality are the boundaries as of the date a petition is
submitted to the circuit court clerk requesting that a local public
question be placed on the ballot.
Sec. 8. The alteration of township boundaries under this chapter
must be submitted to a local public question. The local public
question may be held only if a petition signed by at least ten
percent (10%) of the voters residing in the transferring
municipality is submitted to the circuit court clerk requesting that
a local public question be placed on the ballot.
Sec. 9. If the circuit court clerk determines that a petition
submitted under section 8 of this chapter has a sufficient number
of signatures, the county election board shall place the following
question on the ballot in accordance with IC 3-10-9:
"Shall the territory of (insert the name of the municipality)
become a part of (insert the name of township)?".
Sec. 10. The county election board shall place the local public
question on the ballot during the next general election or primary
election for which the question may be certified under IC 3-10-9-3
in the transferring municipality.
Sec. 11. The circuit court clerk shall determine the number of
registered voters residing within the transferring municipality. The
circuit court clerk shall submit the information to the county
election board.
Sec. 12. If a majority of the votes cast on the public question by
voters of the municipality are:
(1) not in favor of becoming part of a contiguous township,
the territory of the municipality may not become part of the
contiguous township; or
(2) in favor of becoming part of a contiguous township, the
territory of the municipality becomes part of the contiguous
township.
Sec. 13. (a) After an election under section 10 of this chapter, the
clerk of the county shall:
(1) make a certified copy of the election returns; and
(2) not later than five (5) days after the election, file the copy
with the county auditor.
(b) The county auditor shall, not later than five (5) days after
the returns are filed in the county auditor's office:
(1) make a true and complete copy of the returns, certified by
the county auditor; and
(2) deposit the copy of the returns with the:
(A) county executive;
(B) township executive of the township in which the
transferring municipality is located;
(C) recipient township; and
(D) executive of the transferring municipality.
Sec. 14. This section applies if the voters of a transferring
municipality vote in favor of the territory of the municipality
becoming part of a contiguous township. After receiving a copy of
the returns under section 13 of this chapter, the county executive
shall adopt an ordinance ordering an alteration of the boundaries
of the township in which the transferring municipality is located
and the recipient township, conforming to the terms of the petition.
The county executive shall file a copy of the ordinance with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
Sec. 15. Except as provided in section 16 of this chapter, an
order becomes effective on the later of the following:
(1) The date specified in the ordinance.
(2) The date the county executive files the ordinance under
section 13 of this chapter.
Sec. 16. An order may not take effect during the year preceding
a year in which a federal decennial census is conducted. An order
that would otherwise take effect during the year preceding a year
in which a federal decennial census is conducted takes effect
January 2 of the year in which a federal decennial census is
conducted.
Sec. 17. If a majority of the votes cast on the public question by
the voters of the transferring municipality are not in favor of
becoming part of a contiguous township, a local public question
under this chapter may not be conducted for three (3) years
following the date of the vote.
Sec. 18. (a) The following occur on the effective date of the
order:
(1) The geographical boundaries of the recipient township
include all the territory of the recipient township and the
transferred municipality.
(2) The geographical boundaries of the transferred
municipality remain unchanged.
(3) The recipient township retains its name.
(b) If the township from which the territory of a municipality is
transferred is indebted or has outstanding unpaid bonds or other
obligations at the time the order becomes effective, the recipient
township is liable for and shall pay that indebtedness in the same
ratio as the assessed valuation of the property in the transferred
municipality bears to the assessed valuation of all property in the
township from which the municipality is transferred, as shown by
the most recent assessment for taxation before the transfer.
(c) If the indebtedness consists of outstanding unpaid bonds or
notes of the township from which a municipality is transferred, the
payments to the township shall be made as the principal or interest
on the bonds or notes becomes due. However, the recipient
township may levy property taxes to pay the indebtedness only
within the former boundaries of the transferring municipality.
Sec. 19. The department of local government finance shall
adjust as necessary the ad valorem property tax levy of the:
(1) township from which the municipality is transferred; and
(2) recipient township;
to reflect a transfer of territory under this chapter.
adopted by the county executive under section 13 of this chapter
that orders the alteration of township boundaries and creates a
new township.
Sec. 3. As used in this chapter, "transferring municipality"
refers to a municipality the territory of which becomes a new
township or part of a new township.
Sec. 4. (a) The territory of a municipality may form a separate
township within the county as provided in this chapter.
(b) The new township may not consist of less than the entire
territory of the municipality.
Sec. 5. This chapter does not prohibit:
(1) reorganizing; or
(2) altering the boundaries;
of one (1) or more townships under any other law.
Sec. 6. For purposes of this chapter, the boundaries of a
municipality are the boundaries as of the date a petition is
submitted to the circuit court clerk requesting that a local public
question be placed on the ballot.
Sec. 7. The alteration of township boundaries under this chapter
must be submitted to a local public question. The local public
question may be held only if a petition signed by at least ten
percent (10%) of the voters residing in the municipality is
submitted to the circuit court clerk requesting that a local public
question be placed on the ballot.
Sec. 8. If the circuit court clerk determines that a petition
submitted under section 7 of this chapter has a sufficient number
of signatures, the county election board shall place the following
question on the ballot in accordance with IC 3-10-9:
"Shall the territory of (insert the name of the municipality)
become a separate township?".
Sec. 9. The county election board shall place the local public
question on the ballot during the next general election or primary
election for which the question may be certified under IC 3-10-9-3
in the transferring municipality.
Sec. 10. The circuit court clerk shall determine the number of
registered voters residing within the transferring municipality. The
circuit court clerk shall submit the information to the county
election board.
Sec. 11. (a) If a majority of the votes cast on the public question
by the voters of a transferring municipality are not in favor of
becoming a new township, the territory of the municipality may
not become a township.
(b) If a majority of the votes cast on the public question by the
voters of a transferring municipality are in favor of becoming a
new township, the territory of the municipality becomes a
township. The geographical boundaries of the transferred
municipality remain unchanged.
Sec. 12. (a) After an election under section 9 of this chapter, the
clerk of the county shall:
(1) make a certified copy of the election returns; and
(2) not later than five (5) days after the election, file the copy
with the county auditor.
(b) The county auditor shall, not later than five (5) days after
the returns are filed in the county auditor's office:
(1) make a true and complete copy of the returns, certified by
the county auditor; and
(2) deposit the copy of the returns with the:
(A) county executive;
(B) township executive of the township in which the
transferring municipality is located; and
(C) executive of the transferring municipality.
Sec. 13. (a) This section applies if the voters of a municipality
vote in favor of the territory of the municipality becoming a new
township. After receiving a copy of the returns under section 12 of
this chapter, the county executive shall adopt an ordinance
ordering:
(1) an alteration of the boundaries of the township from which
the municipality is transferred to reflect the transfer of the
territory of the municipality; and
(2) the creation of a new township with boundaries
conforming to all territory within the municipality that
approves the transfer under section 11(b) of this chapter.
(b) The county executive shall file a copy of the ordinance with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
Sec. 14. Except as provided in section 15 of this chapter, an
order becomes effective on the later of the following:
(1) The date specified in the ordinance.
(2) The date the county executive files the ordinance under
section 13 of this chapter.
Sec. 15. An order may not take effect during the year preceding
a year in which a federal decennial census is conducted. An order
that would otherwise take effect during the year preceding a year
in which a federal decennial census is conducted takes effect
January 2 of the year in which a federal decennial census is
conducted.
Sec. 16. If a majority of the votes cast on the public question by
the voters of a transferring municipality are not in favor of the
territory of the municipality becoming a new township, a local
public question under this chapter may not be conducted for three
(3) years following the date of the vote.
Sec. 17. (a) If the township from which the territory of a
municipality is transferred is indebted or has outstanding unpaid
bonds or other obligations at the time the transfer is effective, the
new township is liable for and shall pay that indebtedness in the
same ratio as the assessed valuation of the property in the
transferred municipality bears to the assessed valuation of all
property in the township from which the municipality is
transferred, as shown by the most recent assessment for taxation
before the transfer.
(b) If the indebtedness consists of outstanding unpaid bonds or
notes of the township from which a municipality is transferred, the
payments to the township shall be made as the principal or interest
on the bonds or notes becomes due.
Sec. 18. The officers of the new township 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 for the budget year in which the order
becomes effective.
Sec. 19. The department of local government finance shall
adjust as necessary the ad valorem property tax levy of the
township from which the municipality is transferred to reflect a
transfer of territory under this chapter.