Sec. 5. A reorganization approved under this chapter takes effect when all of the following have occurred:
(1) The later of:
(A) the date that a copy of a joint certification from the county election board in each county in which reorganizing political subdivisions are located that indicates that:
(i) the reorganization has been approved by the voters of each reorganizing political subdivision; or
(ii) in the case of a reorganization described in section 1(a)(7) or 1(a)(9) of this chapter, the reorganization has been approved as set forth in section 32(b) or 32(c) of this chapter;
is recorded as required by section 31 of this chapter; or
(B) the date specified in the finally adopted plan of reorganization.
(2) The appointed or elected officers of the reorganized political subdivision are elected (as prescribed by section 36 of this chapter) or appointed and qualified, if:
(A) the reorganized political subdivision is a new political subdivision and reorganizing political subdivisions are not being consolidated into one (1) of the reorganizing political subdivisions;
(B) the reorganized political subdivision will have different boundaries than any of the reorganizing political subdivisions;
(C) the reorganized political subdivision will have different appointment or election districts than any of the reorganizing political subdivisions; or
(D) the finally adopted plan of reorganization requires new appointed or elected officers before the reorganization becomes effective.
As added by P.L.186-2006, SEC.4. Amended by P.L.113-2010, SEC.109; P.L.202-2013, SEC.2; P.L.233-2015, SEC.334; P.L.104-2022, SEC.144.
Structure Indiana Code
Article 1.5. Government Modernization
Chapter 4. Reorganization by Referendum
36-1.5-4-2. Adjacent Political Subdivisions
36-1.5-4-3. Types of Reorganization
36-1.5-4-4. Powers of Political Subdivisions in an Approved Reorganization
36-1.5-4-5. Effective Date of Reorganization
36-1.5-4-6. Results of Reorganization
36-1.5-4-7. Budgets, Tax Rates, and Tax Levies; Deadline for Certification; Election Districts
36-1.5-4-8. Authority of Department of Local Government Finance to Prescribe Forms
36-1.5-4-9. Initiation of Reorganization
36-1.5-4-10. Initiation of Reorganization by Legislative Body
36-1.5-4-11. Initiation of Reorganization by Voters
36-1.5-4-12. Action by Legislative Body on Proposed Reorganization; Hearing
36-1.5-4-14. Revision of Resolutions
36-1.5-4-18. Preparation of Reorganization Plan; Required Elements
36-1.5-4-19. Consideration of Reorganization Plan by Legislative Bodies
36-1.5-4-20. Actions by Legislative Bodies on Reorganization Plan
36-1.5-4-21. Modifications to Reorganization Plan
36-1.5-4-22. Action by Legislative Bodies on Revised Reorganization Plan
36-1.5-4-23. Certification by Legislative Bodies of Final Action
36-1.5-4-23.5. Failure to Adopt Reorganization Plan; Petition Requesting a Public Question
36-1.5-4-24. Filing of Reorganization Plan
36-1.5-4-25. Recording of Certifications and Reorganization Plan by County Recorder
36-1.5-4-27.5. Certification of Resolution to Rescind Plan of Reorganization
36-1.5-4-29. Application of Ic 3
36-1.5-4-30. Certification by Circuit Court Clerk of Results of Public Question
36-1.5-4-31. Recording of Certification From Circuit Court Clerk
36-1.5-4-32. Approval of Public Question
36-1.5-4-33. Termination of Reorganization if Public Question Not Approved
36-1.5-4-34. Reorganization According to Reorganization Plan if Public Question Approved
36-1.5-4-34.5. Establishment of Equipment Replacement Funds
36-1.5-4-35. Appointment of Town Precinct Boards
36-1.5-4-36. Initial Election of Officials of Reorganized Political Subdivision
36-1.5-4-37. Change of Boundaries
36-1.5-4-38. Powers of Reorganized Political Subdivision
36-1.5-4-39. Exercise of Powers of Reorganizing Political Subdivisions
36-1.5-4-39.5. Reorganization Plan
36-1.5-4-40. Debt; Pension Obligations
36-1.5-4-41. Pension Fund Membership
36-1.5-4-42. Transfer of Functions of Elected Office
36-1.5-4-43. Termination of Reorganization; Restoration of Reorganizing Political Subdivisions
36-1.5-4-44. Reorganized Political Subdivision
36-1.5-4-45. Actions Prohibited While Reorganization Pending
36-1.5-4-46. Promoting Position on Public Question Prohibited