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Indiana Code 36-6-1-5.5. Transfer of township area to abutting township; necessary conditions; effective date

Current as of: 2023 | Check for updates | Other versions
   Sec. 5.5. (a) This section applies to an area that meets the following conditions:

(1) Contains not more than seven hundred (700) acres.

Terms Used In Indiana Code 36-6-1-5.5

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
(2) Has a river along at least twenty-five percent (25%) of the perimeter of the area.

(3) Abuts a different township from the township in which the area is situated.

     (b) An area is transferred from the township in which the area is situated to the township that the area abuts if the following conditions are met:

(1) The transfer results in a rectangular shape for the boundaries of both of the affected townships.

(2) A petition:

(A) containing a legal description of the area; and

(B) signed by at least fifty-one percent (51%) of the freeholders in the area;

is filed with the circuit court clerk and the office of the secretary of state.

     (c) If the conditions specified in this section are met, the transfer occurs when the filing requirements of subsection (b) are met.

As added by P.L.259-1993, SEC.1. Amended by P.L.3-1997, SEC.468; P.L.123-2000, SEC.15; P.L.104-2022, SEC.173.

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Indiana Code 36-6-1.5-5. Identical resolutions; adoption by township legislative bodies required

Current as of: 2023 | Check for updates | Other versions
   Sec. 5. (a) The township trustees, with the approval of a majority of the members of the township legislative body of each township that wants to merge township governments under this chapter, must comply with this section.

     (b) The township trustees must present identical resolutions approving the township government merger to the trustees’ respective township legislative bodies. A township legislative body may adopt a resolution under this chapter only after the legislative body has held a public hearing concerning the proposed merger. The township legislative body shall hold the hearing not earlier than thirty (30) days after the date the resolution is introduced. The hearing shall be conducted in accordance with IC 5-14-1.5 and notice of the hearing shall be published in accordance with IC 5-3-1.

Terms Used In Indiana Code 36-6-1.5-5

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • former township government: means a township government that merges with at least one (1) other township government under this chapter. See Indiana Code 36-6-1.5-2
  • Trustee: A person or institution holding and administering property in trust.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (c) The township legislative bodies may adopt the identical resolutions approving the township government merger under this chapter not later than ninety (90) days after the legislative body has held the public hearing under subsection (b).

     (d) The trustees of the participating townships shall jointly file a copy of the identical resolutions with:

(1) the department of local government finance;

(2) the circuit court clerk; and

(3) the office of the secretary of state.

     (e) A township legislative body may not adopt a resolution ordering a merger after January 1 of a year in which:

(1) a general election is held; and

(2) a township trustee is elected.

     (f) A merger under this chapter may reduce the term of a township trustee of a former township government.

As added by P.L.240-2005, SEC.3. Amended by P.L.255-2013, SEC.12.

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