§ 36-1-8-17.7 — Dissolution of a political subdivision that was established by another political subdivision

Indiana § 36-1-8-17.7

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 8: Miscellaneous Fiscal and Administrative Provisions

Text

7. (a) This section applies to a political
subdivision:
(1) that was established by another political subdivision; and
(2) for which, except as set forth in IC 13-21-3-1(d) and IC 13-21-15, there is no process or procedure expressly specified by
law regarding the dissolution of the political subdivision.
(b) A political subdivision described in subsection (a) may be
dissolved according to the following:
(1) The political subdivision described in subsection (a) may be
dissolved as provided in this section only by the political
subdivision that established the political subdivision described in
subsection (a).
(2) The legislative body of the political subdivision that
established the political subdivision described in subsection (a)
must adopt a preliminary resolution stating the intent of the
legislative body to dissolve the political subdivision described in
subsection (a). For a county described in IC 36-1-2-5(1) and IC 36-1-2-9(1), the adoption under IC 13-21-3-1(d)(1)(A) by the
county executive of an ordinance in favor of the dissolution of a
solid waste management district satisfies this requirement.
(3) The legislative body that established the political subdivision
described in subsection (a) must hold a separate public meeting
regarding the proposed dissolution of the political subdivision
described in subsection (a). Notice of the meeting shall be given
in accordance with IC 5-3-1. The legislative body must hold the
public meeting:
(A) except as provided in clause (B), at least ninety (90) days
after adopting the preliminary resolution under subdivision (2);
or
(B) at least one hundred eighty (180) days after adopting the
preliminary resolution under subdivision (2), in the case of the
proposed dissolution of a political subdivision described in
subsection (a) that has been in existence for at least ten (10)
years.
(4) At least ten (10) days before the public meeting under
subdivision (3), the legislative body that established the political
subdivision described in subsection (a) must make available to the
public a plan regarding the proposed dissolution. If the legislative
body maintains an Internet web site or an Internet web site is
maintained on behalf of the legislative body, a copy of the plan
must be posted on the Internet web site at least ten (10) days
before the public meeting under subdivision (3).
(5) The plan regarding the proposed dissolution must specify the
following:
(A) The effective date of the dissolution.
(B) A description of the assets and obligations of the political
subdivision described in subsection (a) and a proposal
regarding the distribution of those assets and the satisfaction of
those obligations.
(C) A description of the services currently provided by the
political subdivision described in subsection (a) and (if
applicable) an explanation of how those services will be
provided after the dissolution of the political subdivision
described in subsection (a).
(6) At the public meeting under subdivision (3), the legislative
body shall allow the public an opportunity to testify and comment
upon the proposed dissolution.
(7) At the public meeting under subdivision (3), the legislative
body may adopt an ordinance (in the case of the legislative body
of a county or municipality) or a resolution (in the case of the
legislative body of any other political subdivision) dissolving the
political subdivision described in subsection (a) as provided in the
plan described in subdivision (5).

Legislative History

As added by P.L.189-2016, SEC.6. Amended by P.L.10-2019, SEC.133.