Sec. 3. (a) If each of the clerks of two (2) or more adjoining municipalities receives a written petition:
(1) signed by at least ten percent (10%) of the qualified voters of the municipality, as determined by the votes cast in the municipality for secretary of state at the most recent general election;
(2) requesting that a special election be held to determine whether the municipalities should be merged into one (1) municipality; and
(3) stating the name by which the proposed municipality will be known;
the clerk shall deliver a certified copy of the petition to the clerk of every other municipality involved in the proposed merger, and the respective legislative bodies of the municipalities shall hold an election in each municipality.
(b) An affidavit of one (1) or more freeholders of the municipality, stating that the persons who signed the petition are legal voters of the municipality, must be attached to each petition filed under this section. An affidavit filed under this section is conclusive evidence of the facts stated in the affidavit.
[Pre-Local Government Recodification Citations: 18-5-10-9; 18-5-10-10 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.122.
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