Sec. 28. (a) If a board or district is discontinued under section 3 or 3.1 of this chapter, and a new board or district is not established, the primary obligation on its bonds is not affected, and the unit assumes liability for the payment of the bonds according to their terms.
(b) An ordinance adopted under section 3 or 3.1 of this chapter that discontinues a board or district and establishes a new board or district must provide all of the following:
(1) All powers, duties, and liabilities of the discontinued board or district are transferred to the newly established board or district.
(2) All records and property of each entity, including appropriations and other funds under the control or supervision of the discontinued board or district, are transferred to the newly established board or district.
(3) Any amounts owed to a discontinued board or district before the effective date of the ordinance are considered to be owed to the new board or district.
(4) All powers, duties, and liabilities of a discontinued board or district with respect to bonds issued by that board or district are transferred to the newly established board or district, as the successor board or district. The rights of the bondholders of a discontinued board or district remain unchanged, although the powers, duties, and liabilities of the entity have been transferred to the new board or district, as the successor board or district, as of the effective date of the ordinance adopted under section 3 or 3.1 of this chapter.
[Pre-Local Government Recodification Citation: 19-7-4-43.]
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.75-2019, SEC.6.
Structure Indiana Code
Article 10. Recreation, Culture, and Community Facilities
Chapter 3. General Park and Recreation Law
36-10-3-1. Application of Chapter
36-10-3-4. Municipal Parks and Recreation Board; Members; Appointing Authorities
36-10-3-4.1. Town Board; Waiver of Requirements
36-10-3-4.2. County Board; Membership
36-10-3-5. Board of Park and Recreation; Initial Appointments; Vacancy
36-10-3-6. Board Member; Removal; Procedure
36-10-3-7. Board of Park and Recreation; Advisory Member
36-10-3-8. Board of Park and Recreation; Regular and Special Meetings; Election of Officers; Quorum
36-10-3-9. Board of Park and Recreation; Compensation
36-10-3-10. Board of Park and Recreation; Duties
36-10-3-11. Board of Park and Recreation; Powers
36-10-3-13. Superintendent of Parks and Recreation; Appointment; Qualifications; Incumbents
36-10-3-14. Superintendent of Parks and Recreation; Duties
36-10-3-15. Assistant Superintendent of Parks and Recreation; Appointment; Qualifications; Duties
36-10-3-16. Officers' and Employees' Bonds and Crime Policies
36-10-3-17. Advisory Council and Special Committees; Composition; Selection; Duties; Reports
36-10-3-18. Gifts, Donations, and Subsidies; Approval; Disposition
36-10-3-20. Special Nonreverting Capital Fund; Purposes; Withdrawals
36-10-3-21. Cumulative Building Fund; Establishment; Levy of Tax; Collection of Tax
36-10-3-22. Fees for Particular Activities; Special Funds; Deposits; Withdrawals
36-10-3-24. Bonds; Purpose; Denominations; Interest Exempt From Taxation; Limitations
36-10-3-25. Bonds; Notice; Hearing; Ordinance Approving Issue
36-10-3-26. Bonds; Disposition of Proceeds
36-10-3-27. Levy of Special Tax on Real and Personal Property; Park District Bond Fund
36-10-3-29. Joint Department of Parks and Recreation; Creation; Eligibility; Agreement; Amendments
36-10-3-31. Joint Board of Parks and Recreation; Budget Request; Disposition of Money Appropriated
36-10-3-33. Extension of Service to Unincorporated Area; Request; Petition
36-10-3-40. Issuance of Bonds Payable From County Innkeeper's Tax
36-10-3-41. Approval of Bond Issuance by County Council; Reduction of Innkeeper's Tax Rate
36-10-3-42. Hearing; Appropriation of Proceeds; Sale
36-10-3-43. Certification of Debt Service Schedule; Time for Retirement of Bonds
36-10-3-45. Sections Not to Be Repealed During Period of Outstanding Bonds