§ 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

Indiana § 36-4-2-12

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 4: GOVERNMENT OF CITIES AND TOWNS
• Ch. 2: Merger of Adjoining Municipalities

Text

(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.
[Pre-Local Government Recodification Citation:
18-5-10-16.]
As added by Acts 1980, P.L.212, SEC.3. Amended by
P.L.3-1993, SEC.261.