Ind. Code § 36-4-2-12

Current through P.L. 171-2024

Section 36-4-2-12 - Joint session of legislative bodies of merging municipalities; resolution to fix boundaries of districts; exclusion of territory in any territory or inclusion of territory in more than one district; certification, attestation, and filing of resolution

(a) The legislative bodies of municipalities that vote to merge under this chapter shall meet in joint session at the hall of the municipality having the largest population at 8 p.m. on the second Monday of January of the next year in which a general municipal election is to be held. At the joint meeting, the legislative bodies shall:

(1) elect a presiding officer and clerk; and

(2) fix, by joint resolution, the boundaries of the districts from which members will be elected to the legislative body of the new municipality.

The legislative bodies shall fix the district boundaries so that, as nearly as is possible, all parts of the merging municipalities have equal representation in the legislative body of the new municipality. The district boundaries fixed under this subsection constitute the district boundaries for the new municipality until they are altered by the legislative body of the new municipality.

(b) If any territory in the municipality is not included in one (1) of the districts established under subsection (a), the territory is included in the district that:

(1) is contiguous to that territory; and

(2) contains the least population of all districts contiguous to that territory.

(c) If any territory in the municipality is included in more than one (1) of the districts established under subsection (a), the territory is included in the district that:

(1) is one (1) of the districts in which the territory is described in the joint resolution adopted under subsection (a);

(2) is contiguous to that territory; and

(3) contains the least population of all districts contiguous to that territory.

(d) A copy of the joint resolution passed under subsection (a) shall be:

(1) certified by the presiding officer;

(2) attested by the clerk; and

(3) filed with the legislative body of each of the merging municipalities and the circuit court clerk of each county in which the municipalities are located.

IC 36-4-2-12

Pre-Local Government Recodification Citation: 18-5-10-16.

As added by Acts1980 , P.L. 212, SEC.3. Amended by P.L. 3-1993, SEC.261.