Sec. 9. The following apply if at least two-thirds (2/3) of the voters voting in a special election under this chapter vote “yes” on the public question under this chapter:

(1) The legislative body of the eligible municipality may, within two (2) years after the special election, submit a petition to one (1) or more adjacent townships requesting an adjacent township to accept the transfer of the territory of the eligible municipality that is within the transferor township.

Terms Used In Indiana Code 36-1-1.5-9

  • eligible municipality: means a municipality that:

    Indiana Code 36-1-1.5-2

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • transferor township: means a township described in section 2(1) of this chapter. See Indiana Code 36-1-1.5-4
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) The legislative body of an adjacent township that receives a petition under subdivision (1) may adopt a resolution accepting the transfer of the territory of the eligible municipality that is within the transferor township and specifying the date on which the transfer is effective, if the legislative body of the adjacent township adopts a resolution accepting the transfer of the territory of the eligible municipality before the later of:

(A) December 31 of the calendar year in which the petition under subdivision (1) is received; or

(B) the ninetieth day following the date on which the petition under subdivision (1) is received.

(3) If the legislative body of the eligible municipality submits one (1) or more petitions to one (1) or more adjacent townships under subdivision (1) within two (2) years after the special election, but a resolution accepting the transfer of the territory of the eligible municipality within the transferor township is not adopted by the legislative body of an adjacent township before July 1, 2020, the territory of the eligible municipality is automatically transferred to and becomes part of the adjacent township with the greatest assessed value. A transfer under this subdivision is effective January 1, 2022, and the assessed value of property located in the territory of the eligible municipality that is located in the transferor township shall be used in preparing the 2022 budget of the receiving township.

(4) If the legislative body of the eligible municipality does not submit a petition to one (1) or more adjacent townships under subdivision (1) within two (2) years after the special election:

(A) the territory of the eligible municipality may not be transferred under this chapter; and

(B) a subsequent special election under this chapter may not be held in the eligible municipality.

(5) If the transferor township issues or otherwise incurs indebtedness after June 30, 2020, the transferring township excluding the eligible municipality is obligated to repay the indebtedness and the eligible municipality is not obligated to repay the indebtedness.

As added by P.L.234-2013, SEC.10. Amended by P.L.129-2019, SEC.1; P.L.143-2020, SEC.2.

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