Citations Affected: IC 36-1.5; IC 36-4; IC 36-7.
January 4, 2012, read first time and referred to Committee on Local Government.
January 19, 2012, amended, reported favorably _ Do Pass.
January 26, 2012, read second time, amended, ordered engrossed. Returned to second
reading.
January 27, 2012, engrossed.
January 31, 2012, re-read second time, amended, ordered engrossed.
quantities, or amounts; and (2) in which the fees, charges, or taxes imposed by the reorganized political subdivision will vary depending on the level, quantity, or amount of the services. Specifies that a reorganized political subdivision must continue to carry out the duties imposed by Indiana law on the reorganizing political subdivisions that combined to form the reorganized political subdivision. Specifies that a reorganized political subdivision created from two or more townships and at least one municipality that have reorganized: (1) may exercise park and recreation powers and establish a park and recreation board if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers; and (2) may exercise planning and zoning power if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers. Provides that such a reorganized political subdivision shall, by resolution or in the plan of reorganization, determine the number of members to be appointed to the reorganized political subdivision's park and recreation board, advisory plan commission, and board of zoning appeals. Provides that a political subdivision may not take certain actions within a reorganizing political subdivision after the date a plan of reorganization is finally adopted by all reorganizing political subdivisions unless one of the following occurs: (1) All reorganizing political subdivisions agree to allow the action by adopting identical resolutions. (2) The plan is rejected by voters in a referendum. (3) The plan is approved by voters and the earlier of the following occurs: (A) The plan is implemented. (B) One year elapses from the date the plan has been approved. Requires a town legislative body to adopt a resolution not later than 30 days after a petition is filed for a referendum on changing the town into a city. Provides that the date of the referendum must not be later than the earlier of the date of the next general election or the date of the next municipal election, at which a question may be placed on the ballot. Requires the first election of city officers to be held on the earlier of the date of the next general election or a municipal election following the date of the referendum. Provides that notwithstanding the statute setting out the classification of municipalities, for purposes of local government administration a municipality reorganized under the local government reorganization statutes may, subject to the approval of the department of local government finance: (1) be classified and described as set forth in the reorganization plan; and (2) maintain characteristics of any of the reorganizing political subdivisions.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
section 1(a)(9) of this chapter, states whether the vote on the
public question regarding the reorganization shall be:
(A) conducted on a countywide basis under section 30(b) of
this chapter, without a rejection threshold; or
(B) conducted on a countywide basis under section 30(b) of
this chapter, with a rejection threshold.
(b) The clerk of the political subdivision adopting the resolution
shall certify the resolution to the clerk of each political subdivision
named in the resolution.
participating in the reorganization. Not more than two (2) of the
members appointed by an executive of a political subdivision may
be members of the same political party.
(b) The members of a reorganization committee serve at the
pleasure of the appointing authority. The reorganization committee
shall select a chairperson and any other officers that the reorganization
committee determines necessary from the members of the
reorganization committee.
(c) The members of a reorganization committee serve without
compensation. The members, however, are entitled to reimbursement
from the reorganizing political subdivisions for the necessary expenses
incurred in the performance of their duties.
(d) The reorganizing political subdivisions shall provide necessary
office space, supplies, and staff to the reorganization committee. The
reorganizing political subdivisions may employ attorneys, accountants,
consultants, and other professionals for the reorganization committee.
(e) Except as otherwise provided in an agreement adopted by the
reorganizing political subdivisions, claims for expenditures for the
reorganization committee shall be made to the fiscal officer for the
reorganizing political subdivision with the largest population. The
fiscal officer shall pay the necessary expenditures and obtain
reimbursement from the reorganizing political subdivisions:
(1) in accordance with an agreement adopted by the reorganizing
political subdivisions; or
(2) in the absence of an agreement, in proportion to the population
of each reorganizing political subdivision.
reorganizing political subdivisions (after December 31, 2012) shall
prepare a comprehensive plan of reorganization for the reorganizing
political subdivisions. The plan of reorganization governs the actions,
duties, and powers of the reorganized political subdivision that are not
specified by law.
(b) The plan of reorganization must include at least the following:
(1) The name and a description of the reorganized political
subdivision that will succeed the reorganizing political
subdivisions.
(2) A description of the boundaries of the reorganized political
subdivision.
(3) Subject to section 40 of this chapter, a description of the
taxing areas in which taxes to retire obligations of the
reorganizing political subdivisions will be imposed.
(4) A description of the membership of the legislative body, fiscal
body, and executive of the reorganized political subdivision, a
description of the election districts or appointment districts from
which officers will be elected or appointed, and the manner in
which the membership of each elected or appointed office will be
elected or appointed.
(5) A description of the services to be offered by the reorganized
political subdivision and the service areas in which the services
will be offered.
(6) The disposition of the personnel, the agreements, the assets,
and, subject to section 40 of this chapter, the liabilities of the
reorganizing political subdivisions, including the terms and
conditions upon which the transfer of property and personnel will
be achieved.
(7) Any other matter that the:
(A) reorganization committee (before January 1, 2013)
determines or the legislative bodies of the reorganizing
political subdivisions (after December 31, 2012) determine
to be necessary or appropriate; or
(B) legislative bodies of the reorganizing political subdivisions
require the reorganization committee (before January 1,
2013);
to include in the plan of reorganization.
(8) This subdivision applies only to a reorganization described
in section 1(a)(7) of this chapter that is voted on by voters
after December 31, 2012, regardless of when the plan of
reorganization is adopted. The reorganization committee
(before January 1, 2013) or the legislative bodies of the
reorganizing political subdivisions (after December 31, 2012)
shall include in the reorganization plan an approval
threshold, specified as a percentage, that applies for purposes
of section 32(b) of this chapter. The approval threshold must
be the same for each municipality that is a party to the
proposed reorganization and to each township that is a party
to the proposed reorganization. The approval threshold must
be greater than fifty percent (50%), but not more than
fifty-five percent (55%).
(9) This subdivision applies only to a reorganization described
in section 1(a)(7) of this chapter that is voted on by voters
after December 31, 2012, regardless of when the plan of
reorganization is adopted. The reorganization committee
(before January 1, 2013) or the legislative bodies of the
reorganizing political subdivisions (after December 31, 2012)
shall determine and include in the reorganization plan the
percentage of voters in both the municipality and the
township voting on the public question regarding the
proposed reorganization who must vote in favor of the
proposed reorganization for the public question to be
approved. This percentage is referred to in this chapter as the
"municipality-township vote approval percentage". The
municipality-township vote approval percentage must be
greater than fifty percent (50%).
(8) (10) In the case of a reorganization described in section
1(a)(9) of this chapter, if the legislative bodies of the reorganizing
political subdivisions have specified that the vote on the public
question regarding the reorganization shall be conducted on a
countywide basis under section 30(b) of this chapter with a
rejection threshold, the reorganization committee (before
January 1, 2013) or the legislative bodies of the reorganizing
political subdivisions (after December 31, 2012) shall include
in the reorganization plan a rejection approval threshold,
specified as a percentage, that applies for purposes of section
32(b) 32(c) of this chapter. The rejection approval threshold
must be the same for each municipality that is a party to the
proposed reorganization and to the county that is a party to the
proposed reorganization. The approval threshold must be
greater than fifty percent (50%), but not more than fifty-five
percent (55%).
(9) (11) In the case of a reorganization described in section
1(a)(9) of this chapter, the reorganization committee (before
January 1, 2013) or the legislative bodies of the reorganizing
political subdivisions (after December 31, 2012) shall
determine and include in the reorganization plan the percentage
of voters voting on the public question regarding the proposed
reorganization who must vote, on a countywide basis, in favor of
the proposed reorganization for the public question to be
approved. This percentage is referred to in this chapter as the
"countywide vote approval percentage". The countywide vote
approval percentage must be greater than fifty percent (50%).
(10) (12) The statement fiscal impact analysis required by
subsection (e). (d).
(c) In the case of a reorganization described in section 1(a)(9) of this
chapter, the reorganization committee may not change the decision of
the legislative bodies of the reorganizing political subdivisions
regarding whether the vote on the public question regarding the
reorganization shall be conducted on a countywide basis without a
rejection threshold or with a rejection threshold.
(d) Upon completion of the plan of reorganization, the
reorganization committee shall present the plan of reorganization to the
legislative body of each of the reorganizing political subdivisions for
adoption. The initial plan of reorganization must be submitted to the
legislative body of each of the reorganizing political subdivisions not
later than one (1) year after the clerk of the last political subdivision
that adopts a reorganization resolution under this chapter has certified
the resolution to all of the political subdivisions named in the
resolution.
(e) (c) In the case of a plan of reorganization submitted to a political
subdivision by a reorganization committee after June 30, 2010, and
before January 1, 2013, or prepared by the legislative bodies of the
reorganizing political subdivisions after December 31, 2012, the
political subdivision shall post a copy of the plan of reorganization on
an Internet web site maintained or authorized by the political
subdivision not more than thirty (30) days after receiving the plan of
reorganization from the reorganization committee (before January 1,
2013) or (after December 31, 2012) not more than thirty (30) days
after the plan of reorganization is prepared by the legislative
bodies of the reorganizing political subdivisions. If the plan of
reorganization is amended, the political subdivision shall post the
amended plan on the Internet web site maintained or authorized by
the political subdivision within seven (7) days after the amended
plan is adopted.
(e) (d) A reorganization committee must include in the plan of
reorganization submitted to a political subdivision after June 30, 2010,
a statement of: The legislative bodies of the reorganizing political
subdivisions preparing a reorganization plan after December 31,
2012, must include in the plan of reorganization a fiscal impact
analysis of the proposed reorganization. The fiscal impact analysis
must include at least the following:
(1) whether a fiscal impact analysis concerning the proposed
reorganization has been prepared or has not been prepared by or
on behalf of the reorganization committee; and
(2) whether a fiscal impact analysis concerning the proposed
reorganization has been made available or has not been made
available to the public by or on behalf of the reorganization
committee.
(1) The estimated effect of the proposed reorganization on
taxpayers in each of the political subdivisions to which the
proposed reorganization applies, including the expected tax
rates, tax levies, expenditure levels, service levels, and annual
debt service payments in those political subdivisions.
(2) A description of the planned services to be provided in the
reorganized political subdivision and the method or methods
of financing the planned services. The fiscal impact analysis
must:
(A) present itemized estimated costs for each department
or agency of the reorganized political subdivision; and
(B) explain how specific and detailed expenses will be
funded from taxes, fees, grants, and other funding.
(3) A description of the capital improvements to be provided
in the reorganized political subdivision and the method or
methods of financing those capital improvements.
(4) Any estimated effects on political subdivisions in the
county that are not participating in the reorganization and on
taxpayers located in those political subdivisions.
(e) The legislative bodies of the reorganizing political
subdivisions preparing a plan of reorganization after December 31,
2012, must submit the fiscal impact analysis described in
subsection (d) to the department of local government finance at
least six (6) months before the election in which the public question
will be on the ballot. A legislative body of a reorganizing political
subdivision may not adopt a plan of reorganization unless the
legislative bodies of the reorganizing political subdivisions have
submitted the fiscal impact analysis to the department of local
government finance as required by this subsection. The
department of local government finance must do the following
within a reasonable time, but not later than thirty (30) days before
the date of the election in which the public question will be on the
ballot:
(1) Review the fiscal impact analysis.
(2) Make any comments concerning the fiscal impact analysis
that the department considers appropriate.
(3) Provide the department's comments under subdivision (2)
to the legislative body of the reorganizing political
subdivisions.
(4) Post the department's comments under subdivision (2) on
the department's Internet web site.
The department of local government finance shall certify to the
legislative bodies of the reorganizing political subdivisions the total
amount of expense incurred by the department in carrying out the
department's review and preparing the department's comments.
Upon receipt of the department's certification of the expenses, the
reorganizing political subdivisions shall immediately pay to the
treasurer of state the amount charged. The share of the cost to be
paid by each reorganizing political subdivision shall be determined
by the legislative bodies of the reorganizing political subdivisions.
Money paid by a reorganizing political subdivision under this
subsection shall be deposited in the state general fund.
public meeting held not more than thirty (30) days after the public
hearing concludes, a legislative body of a reorganizing political
subdivision shall do one (1) of the following:
(1) Adopt the plan of reorganization. as presented to the
legislative body.
(2) Adopt the plan of reorganization with modifications.
(3) Reject the plan of reorganization. and order a reorganization
committee to submit a new plan of reorganization within thirty
(30) days after the legislative body rejects the plan of
reorganization.
period in which the legislative bodies must adopt a plan of
reorganization, the reorganization committee shall submit a final
plan of reorganization to the legislative bodies of the political
subdivisions.
(2) Not later than one (1) month after receiving the final plan of
reorganization under subdivision (1), each of the legislative
bodies must:
(A) hold a hearing on the final plan of reorganization; and
(B) adopt either a resolution approving the final plan of
reorganization or a resolution rejecting the final plan of
reorganization.
If a legislative body does not adopt a resolution under this
subdivision within the one (1) month period, the failure to adopt
a resolution is considered to be an approval of the final plan of
reorganization.
(3) If a legislative body adopts a resolution approving the final
plan of reorganization, the legislative body shall certify its
approval under section 23 of this chapter.
(4) If any of the legislative bodies adopts a resolution rejecting the
final plan of reorganization, the registered voters of a political
subdivision in which the final initial plan of reorganization was
rejected by presented to a legislative body under subdivision (2)
but not adopted may submit a petition to the clerk of the circuit
court approving the a final plan of reorganization and requesting
that a public question be held on the final plan of reorganization.
The petition must be submitted not later than one hundred eighty
(180) days after the date that is one (1) year after the initial
plan of reorganization was presented to the legislative body.
voted to reject the final plan of reorganization. If the petition is
signed by at least ten percent (10%) of the voters of the political
subdivision, as determined by the vote cast in the political
subdivision for secretary of state at the most recent general
election:
(A) the political subdivision is considered to have approved
the holding of the public question on the final plan of
reorganization, notwithstanding the vote by the legislative
body rejecting the final plan of reorganization; and
(B) the clerk of the circuit court shall certify approval of the
final plan of the reorganization and the holding of the public
question in the manner specified in section 23 of this chapter.
JULY 1, 2012]: Sec. 28. (a) For a public question voted on by voters
after June 30, 2012, a public question under this chapter shall be
placed on the ballot in all of the precincts that are located in the
reorganizing political subdivisions in substantially the following form:
(Insert a brief description of the structure of the proposed
reorganized political subdivision that will succeed the
reorganizing political subdivisions.)
"Shall _________ (insert name of political subdivision) and
_________ (insert name of political subdivision) reorganize as a
single political subdivision?".
(b) The public question must appear on the ballot in the form
approved by the county election board. A brief description of the
reorganized political subdivision that will succeed the reorganizing
political subdivisions, and the public question described in
subsection (a), shall be placed on the ballot in the form prescribed
by IC 3-10-9-4. For a public question voted on by voters after June
30, 2012, the county election board shall submit the language to the
department of local government finance for review.
(c) The department of local government finance shall review the
language of the public question to evaluate whether the description
of the reorganized political subdivision that will succeed the
reorganizing political subdivisions is accurate and is not biased
against either a vote in favor of the reorganization or a vote against
the reorganization. The department of local government finance
may:
(1) approve the ballot language as submitted; or
(2) modify the ballot language as necessary to ensure that the
description of the reorganized political subdivision that will
succeed the reorganizing political subdivisions is accurate and
is not biased.
The department of local government finance shall certify its
approval or recommendations to the county election board not
more than ten (10) days after the language of the public question
is submitted to the department for review. If the department of
local government finance recommends a modification to the ballot
language, the county election board shall, after reviewing the
recommendations of the department of local government finance,
submit modified ballot language to the department for the
department's approval or recommendation of any additional
modifications. The public question may not be certified under
IC 3-10-9-3 unless the department of local government finance has
first certified the department's final approval of the ballot
language for the public question.
reorganizing municipalities);
shall be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by
the state election board, separate certificates regarding
whether the public question is approved or rejected by the
voters of:
(A) each reorganizing municipality and township as set
forth in subdivision (2);
(B) each reorganizing municipality; and
(C) each reorganizing township, excluding the voters of the
reorganizing municipalities;
voting on the public question.
(b) (c) In the case of a public question on a reorganization described
in section 1(a)(9) of this chapter:
(1) the public question on a plan of reorganization shall be placed
on the ballot for consideration by the voters of the entire county;
(2) the vote on the public question by the voters of the entire
county shall be tabulated;
(3) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question shall
be conducted with a rejection threshold, the vote on the public
question by the voters of:
(A) each reorganizing municipality; and
(B) the county (excluding the voters of the reorganizing
municipalities);
shall be tabulated separately; and
(4) the circuit court clerk shall issue, in a form prescribed by the
state election board, separate certificates regarding whether the
public question is approved or rejected by the voters of:
(A) the entire county;
(B) each reorganizing municipality; (if the legislative bodies
of the reorganizing political subdivisions have agreed that the
vote on the public question shall be conducted with a rejection
threshold); and
(C) the county, excluding the voters of the reorganizing
municipalities; (if the legislative bodies of the reorganizing
political subdivisions have agreed that the vote on the public
question shall be conducted with a rejection threshold);
voting on the public question.
reorganization described in section 1(a)(7) or 1(a)(9) of this chapter.
A reorganization as specified in the plan of reorganization is approved
if a majority of the voters in each reorganizing political subdivision
voting on the public question approve the public question on the
reorganization. If a reorganizing political subdivision includes the
territory of another reorganizing political subdivision, the vote of
voters of a reorganizing political subdivision (for example, a city) who
also are voters in a second reorganizing political subdivision (for
example, a township) that is geographically larger than the first
political subdivision and that includes the territory of the first political
subdivision shall be included only in the tally of votes for the first
reorganizing political subdivision in which the voters reside.
(b) This subsection applies only to a reorganization described in
section 1(a)(7) of this chapter. This subsection applies only to a
reorganization voted on by voters after December 31, 2012. In the
case of a proposed reorganization between a municipality and a
township, the reorganization is approved only if:
(1) the percentage of all voters voting on the public question
who:
(A) reside in:
(i) the reorganizing municipality and not the
reorganizing township;
(ii) the reorganizing township and not the reorganizing
municipality; and
(iii) both the reorganizing municipality and the
reorganizing township; and
(B) vote in favor of the proposed reorganization;
is greater than fifty percent (50%);
(2) the percentage of voters of the reorganizing municipality
voting on the public question in favor of the reorganization
equals or exceeds the approval threshold included in the final
reorganization plan, which must be greater than fifty percent
(50%) but not more than fifty-five percent (55%); and
(3) the percentage of voters who reside within the
reorganizing township but do not reside within the
reorganizing municipality and who vote on the public
question in favor of the reorganization equals or exceeds the
approval threshold included in the final reorganization plan,
which must be greater than fifty percent (50%) but not more
than fifty-five percent (55%).
If the reorganization is not approved, the reorganization is
terminated. In tabulating the votes under subdivisions (2) and (3),
the vote of voters of a reorganizing municipality who are also
voters in the reorganizing township shall be included only in the
tally of votes for the municipality in which the voters reside.
(b) (c) This subsection applies The following apply only to a
reorganization described in section 1(a)(9) of this chapter.
(1) In the case of a public question voted on by voters before
January 1, 2013, the reorganization is approved only if:
(1) (A) the percentage of voters voting on the public question
who vote, on a countywide basis, in favor of the proposed
reorganization is at least equal to the countywide vote approval
percentage specified in the final reorganization plan;
(2) (B) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question
shall be conducted with a rejection threshold, and the
percentage of voters of the county (excluding the voters of the
reorganizing municipalities) voting on the public question who
vote against the reorganization is less than the rejection
threshold included in the final reorganization plan; and
(3) (C) if the legislative bodies of the reorganizing political
subdivisions have agreed that the vote on the public question
shall be conducted with a rejection threshold, and the
percentage of voters of each reorganizing municipality voting
on the public question who vote against the reorganization is
less than the rejection threshold included in the final
reorganization plan.
(2) In the case of a public question voted on by voters after
December 31, 2012, the reorganization is approved only if all
of the following requirements are met:
(A) More than fifty percent (50%) of the voters in the
county voting on the public question vote (on a countywide
basis) in favor of the proposed reorganization.
(B) The percentage of voters of the reorganizing county
(excluding the voters of the reorganizing municipalities)
voting on the public question in favor of the reorganization
equals or exceeds the approval threshold included in the
final reorganization plan. The approval threshold must be
greater than fifty percent (50%) but not more than
fifty-five percent (55%).
(C) The percentage of voters of each reorganizing
municipality voting on the public question in favor of the
reorganization equals or exceeds the approval threshold
included in the final reorganization plan. The approval
threshold must be greater than fifty percent (50%) but not
more than fifty-five percent (55%).
If the reorganization is not approved, the reorganization is terminated.
If the legislative bodies of the reorganizing political subdivisions have
agreed that the vote in the public question shall be conducted with a
rejection threshold, then In tabulating the votes under subdivisions (2)
and (3), subsection (c)(1)(B), (c)(1)(C), (c)(2)(B), and (c)(2)(C), the
vote of voters of a reorganizing municipality who also are voters in the
county shall be included only in the tally of votes for the municipality
in which the voters reside.
powers granted by statute to a political subdivision of the same type as
the reorganized political subdivision. However, if authorized by the
plan of reorganization approved by the voters in a public question
under this chapter, the reorganized political subdivision will exercise
a power or have the officers or number of offices that a statute would
have permitted any of the reorganizing political subdivisions to have.
(b) This subsection applies to reorganizations approved by
voters after July 1, 2012. Notwithstanding subsection (a), if:
(1) a first political subdivision is located in whole or in part
within one (1) or more other political subdivisions that
reorganize under this article; and
(2) the first political subdivision does not participate in or
does not approve the reorganization;
the reorganization does not affect the rights, powers, and duties of
the first political subdivision, and the reorganized political
subdivision may not exercise within the first political subdivision
any right, power, or duty unless that right, power, or duty was
exercised within the first political subdivision before the
reorganization by at least one (1) of the reorganizing political
subdivisions.
quantities, or amounts; and
(2) in which the fees, charges, or taxes imposed by the
reorganized political subdivision will vary depending on the
level, quantity, or amount of the services provided.
actions partially or wholly within a reorganizing political
subdivision after the date a plan of reorganization is finally
adopted by all reorganizing political subdivisions unless all
reorganizing political subdivisions agree by adopting identical
resolutions:
(1) Initiate an annexation of territory within the township.
(2) Establish a fire protection territory or fire protection
district.
(3) Extend water, sewer, or any other infrastructure to the
political subdivision.
(4) Expand zoning jurisdiction under IC 36-7-4-205.
(c) This chapter does not prohibit:
(1) a political subdivision subject to the reorganization from
taking an action under subsection (b) within the political
subdivision's own boundaries; and
(2) any of the reorganizing political subdivisions from taking
an action under subsection (b) for the purpose of
implementing the plan of reorganization.
(d) A political subdivision may take an action described in
subsection (b) after the date the reorganization is rejected by the
voters under section 33 of this chapter.
(e) If a reorganization is approved by the voters under section
34 of this chapter, a political subdivision may not take an action
under subsection (b) until the earlier of the following:
(1) The plan of reorganization has been implemented.
(2) One (1) year after the date the reorganization is approved
under section 34 of this chapter.
to the town's voters the question of whether the town should be
changed into a city. The town legislative body shall adopt a
resolution described in this subdivision if at least the number of
registered voters of the town equal to ten percent (10%) of the
total votes cast in the town at the last election for secretary of
state sign a petition requesting the town legislative body to adopt
such a resolution. In determining the number of signatures
required under this subdivision, any fraction that exceeds a whole
number shall be disregarded.
(2) The town legislative body must adopt the resolution under
subdivision (1) not later than thirty (30) days after the date a
petition having a sufficient number of signatures is filed. A
resolution adopted under subdivision (1) must fix the date for an
election on the question of whether the town should be changed
into a city as follows:
(A) If the election is to be on the same date as a general
election or municipal election:
(i) the resolution must state that fact and be certified in
accordance with IC 3-10-9-3; and
(ii) the election must be held on the date of the next
general election or municipal election, whichever is
earlier, at which the question can be placed on the ballot
under IC 3-10-9-3.
(B) If the election is to be a special election, the date must be:
(A) (i) not less than thirty (30) and (B) not more than sixty
(60) days after the notice of the election; and
(ii) not later than the next general election or municipal
election, whichever is earlier, at which the question can
be placed on the ballot under IC 3-10-9-3.
If the election is to be on the same date as a general election the
resolution must state that fact and be certified in accordance with
IC 3-10-9-3.
(3) The town legislative body shall file a copy of the resolution
adopted under subdivision (1) with the circuit court clerk of each
county in which the town is located. The circuit court clerk shall
immediately certify the resolution to the county election board.
(4) The county election board shall give notice of the election in
the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to the
election.
(5) The question described in subdivision (1) shall be placed on
the ballot in the form prescribed by IC 3-10-9-4. The text of the
question shall be: "Shall the town of _________ change into a
city?".
(6) If a majority of the voters voting on the question described in
subdivision (1) vote "yes", the town is changed into a city as
provided in this chapter. If a majority of the voters voting on the
question vote "no", the town remains a town.
unit under IC 36-1.5);
(3) the county plan commission may not exercise planning and
zoning functions within the unit; and
(4) except as provided in subdivision (2), a municipal plan
commission of a municipality (other than a municipality that
participated in the reorganization of the unit under IC 36-1.5)
may not exercise planning and zoning functions within the
unit.
Notwithstanding any other law, if a municipality (other than a
municipality that participated in the reorganization of the unit
under IC 36-1.5) annexes territory within a unit described in
IC 36-7-2-1(b) after the unit has established an advisory plan
commission under this section, the municipal plan commission of
that municipality may not exercise planning and zoning functions
within that annexed territory.
(c) ADVISORY. Except as specifically provided in this chapter,
an advisory plan commission established under this section by a
unit described in IC 36-7-2-1(b) shall exercise the planning and
zoning functions within the unit in the same manner that a
municipal plan commission established under this chapter
exercises planning and zoning functions for a municipality.
(d) ADVISORY. Notwithstanding any other provision, if an
advisory plan commission is established under this section by a unit
described in IC 36-7-2-1(b), the legislative body of the unit shall, by
resolution or in the unit's plan of reorganization under IC 36-1.5,
determine:
(1) the number of members to be appointed to the unit's
advisory plan commission;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members;
(4) the terms of those members; and
(5) whether any members or advisory members shall be
appointed by the county in which the unit is located or by a
municipality located within the unit.