Sec. 1.5. (a) All of the following apply to a township that merges with another township under this chapter:

(1) Notwithstanding any other law, the new township government may use any funds in excess of what the new township government determines is necessary to deliver effective service to pay the indebtedness of the new township government, including bonds and other indebtedness transferred to the new township government under section 8 of this chapter.

Terms Used In Indiana Code 36-6-1.5-1.5

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • new township government: means the township government that results from the merger of at least two (2) township governments under this chapter. See Indiana Code 36-6-1.5-3
(2) Notwithstanding any other law, after the indebtedness described in subdivision (1) is satisfied, the new township government may do the following with any remaining excess funds:

(A) Transfer the funds to:

(i) the county in which the new township government is located; or

(ii) a municipality that has jurisdiction;

to make improvements to infrastructure located within the area of the new township government.

(B) Transfer the funds to a transportation corporation that offers service within the area of the new township government to pay for, or make improvements to, services within the area of the new township government.

(C) Use the funds for improvement of fire protection services within the area of the new township government.

(D) Transfer the funds to a political subdivision that has jurisdiction within the new township government for improvement of any fire department that provides service within the area of the new township government.

     (b) Notwithstanding any other law, the department of local government finance shall take any and all appropriate action to assist townships in merging under this chapter and may not in any manner delay a merger of townships or prevent a merger of townships.

     (c) This section shall be liberally construed to effect the purposes of this section.

     (d) Notwithstanding any other law, to the extent the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter are controlling, and compliance with this chapter shall be treated as compliance with the conflicting law.

As added by P.L.255-2013, SEC.11.