Sec. 16. (a) After a merger under this chapter takes effect, the new municipality:
(1) has all the rights, powers, privileges, immunities, and obligations of the merging municipalities;
(2) is liable for all the debts, contracts, and liabilities of the merging municipalities;
(3) is entitled to all the rights, credits, monies, and properties of the merging municipalities; and
(4) may, in the name adopted in the merger, sue and be sued in relation to the debts, contracts, liabilities, rights, credits, monies, and properties of the merging municipality.
(b) After a merger under this chapter takes effect, pending actions that involve municipalities taking part in the merger shall be prosecuted to final judgment and execution, and judgments rendered in those actions may be executed and enforced against the new municipality without any change of the name of the plaintiff or defendant.
[Pre-Local Government Recodification Citations: 18-5-10-8 part; 18-5-10-17 part; 18-5-10-18.]
As added by Acts 1980, P.L.212, SEC.3.
Structure Indiana Code
Article 4. Government of Cities and Towns Generally
Chapter 2. Merger of Adjoining Municipalities
36-4-2-1. Application of Chapter
36-4-2-3. Petition; Contents; Affidavit
36-4-2-4. Election; Date; Notice
36-4-2-5. Petition Proposing Name of Municipality; Submission to Electorate
36-4-2-6. Place of Election; Manner; Expense; Voting
36-4-2-7. Filing of Returns of Election; Effect
36-4-2-8. Election Year Under This Chapter
36-4-2-9. Effective Date of Merger; Effect of Merger
36-4-2-10. Election of Officers at Large and by District
36-4-2-11. Joint Election Board; Members; Powers and Duties
36-4-2-13. Elected Officers; Date of Taking Office
36-4-2-15. Terms of Office of Elective and Appointed Officers of Merging Municipalities
36-4-2-16. Effect of Merger; Rights, Powers, and Liabilities; Pending Actions
36-4-2-17. Effect of Merger; Ordinances, Rules, and Resolutions; Continuation