2016 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 3. GOVERNMENT OF INDIANAPOLIS AND MARION COUNTY (UNIGOV) CHAPTER 1. CONSOLIDATION AND TRANSFER OF POWERS
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IC 36-3
ARTICLE 3. GOVERNMENT OF INDIANAPOLIS
AND MARION COUNTY (UNIGOV)
IC 36-3-1
Chapter 1. Consolidation and Transfer of Powers
IC 36-3-1-0.3
General assembly findings
Sec. 0.3. The general assembly finds the following:
(1) A consolidated city faces unique budget challenges due to
a high demand for services combined with the large number of
tax exempt properties located in a consolidated city as the seat
of state government, home to several institutions of higher
education, and home to numerous national, state, and regional
nonprofit corporations.
(2) By virtue of its size and population density, a consolidated
city has unique overlapping territories of county and city
government and an absence of unincorporated areas within its
county.
(3) Substantial operational efficiencies, reduction of
administrative costs, and economies of scale may be obtained
in a consolidated city through consolidation of certain county,
city, and township functions.
(4) Consolidation of certain county, city, and township services
and operations will serve the public purpose by allowing the
consolidated city to:
(A) eliminate duplicative services;
(B) provide better coordinated and more uniform delivery of
local governmental services;
(C) provide uniform oversight and accountability for the
budgets for local governmental services; and
(D) allow local government services to be provided more
efficiently and at a lower cost than without consolidation.
(5) Efficient and fiscally responsible operation of local
government benefits the health and welfare of the citizens of a
consolidated city and is of public utility and benefit.
(6) The public purpose of those parts of P.L.227-2005 relating
to a consolidated city is to provide a consolidated city with the
means to perform essential governmental services for its
citizens in an effective, efficient, and fiscally responsible
manner.
As added by P.L.220-2011, SEC.647.
IC 36-3-1-1
Application of chapter
Sec. 1. This chapter applies in each county having a first class
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city.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-2
Transitional provisions; change to first class city
Sec. 2. The following transitional provisions apply whenever a
city changes into a first class city under this title:
(1) During the period before July 1 of the year in which the
change occurs, the city shall be governed as if it remained a
second class city.
(2) During the period after June 30 of the year in which the
change occurs, the city shall be governed by an interim
government under section 3 of this chapter.
(3) On January 1 following the year in which the change occurs,
the city becomes a consolidated city.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-3
Interim government of first class city; powers of officers; budgets
and appropriations; appointment of future directors
Sec. 3. (a) The interim government of the first class city during
the period prescribed by section 2(2) of this chapter consists of:
(1) the city executive, who is interim mayor and has the powers
of the executive of a consolidated city;
(2) the city clerk, who is interim clerk and has the powers of the
clerk of a consolidated city;
(3) the members of the city legislative body and the members of
the county fiscal body, who together comprise an interim
city-county council having the powers of the legislative body of
a consolidated city; and
(4) the members of the city legislative body, who together
comprise an interim special service district council having the
powers of the legislative body of a special service district.
(b) The interim government shall make budgets and
appropriations, and impose tax levies and special tax levies, for the
consolidated city, the county, and other political subdivisions for the
following year in the manner prescribed by this article.
(c) The interim mayor may appoint the future directors of the
departments of the consolidated city to assist in planning for the
change into a consolidated city, and the interim special service
district council may make appropriations to finance this planning.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-4
Consolidated city; abolishment of first class city; territory; name;
interim government
Sec. 4. (a) When a first class city becomes a consolidated city, the
first class city is abolished as a separate entity, and the territory of
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the consolidated city includes:
(1) all the territory that comprised the first class city before it
became a consolidated city; and
(2) all other territory in the county except territory of an
excluded city.
However, certain departments and special taxing districts of the
consolidated city may have jurisdiction as provided by law over more
or less territory than that inside the boundaries of the consolidated
city.
(b) The consolidated city is known as "City of ______," with the
name of the first class city inserted in the blank.
(c) Unless the executive and legislative body of the consolidated
city are elected during the interim period and take office on the date
prescribed by section 2(3) of this chapter, the members of the interim
government prescribed by section 3 of this chapter continue in office
as officers of the consolidated city until an executive and a
legislative body of the consolidated city are elected and qualified.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-5
Officers of executive and legislative body; board of commissioners
Sec. 5. (a) When a first class city becomes a consolidated city, the
officers who become the executive and legislative body of the
consolidated city under section 4(c) of this chapter also become the
executive and legislative body of the county.
(b) The members of the board of commissioners of the county are
entitled to remain in office until their terms expire, although the
board is no longer the executive of the county. As their terms expire
or their positions become vacant, they shall be replaced by the
following officers in the following order:
(1) The county treasurer.
(2) The county auditor.
(3) The county assessor.
These three (3) officers then serve ex officio as commissioners under
IC 36-3-3-10.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-5.1
Consolidation of police department and county sheriff's
department
Sec. 5.1. (a) Except for those duties that are reserved by law to the
county sheriff in this section, the city-county legislative body may by
majority vote adopt an ordinance, approved by the mayor, to
consolidate the police department of the consolidated city and the
county sheriff's department. The consolidated law enforcement
department must be a division of the department of public safety
under the direction and control of a director of public safety.
(b) The city-county legislative body may not adopt an ordinance
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under this section unless it first:
(1) holds a public hearing on the proposed consolidation; and
(2) determines that:
(A) reasonable and adequate police protection can be
provided through the consolidation; and
(B) the consolidation is in the public interest.
(c) If an ordinance is adopted under this section, the consolidation
shall take effect on the date specified in the ordinance.
(d) Notwithstanding any other law, an ordinance adopted under
this section must provide that the county sheriff's department shall be
responsible for all the following for the consolidated city and the
county under the direction and control of the sheriff:
(1) County jail operations and facilities.
(2) Emergency communications.
(3) Security for buildings and property owned by:
(A) the consolidated city;
(B) the county; or
(C) both the consolidated city and county.
(4) Service of civil process and collection of taxes under tax
warrants.
(5) Sex and violent offender registration.
(e) The following apply if an ordinance is adopted under this
section:
(1) The department of local government finance shall adjust the
maximum permissible ad valorem property tax levy of the
consolidated city and the county for property taxes first due and
payable in the year a consolidation takes effect under this
section. When added together, the adjustments under this
subdivision must total zero (0).
(2) The ordinance must specify which law enforcement officers
of the police department and which law enforcement officers of
the county sheriff's department shall be law enforcement
officers of the consolidated law enforcement department.
(3) The ordinance may not prohibit the providing of law
enforcement services for an excluded city under an interlocal
agreement under IC 36-1-7.
(4) A member of the county police force who:
(A) was an employee beneficiary of the sheriff's pension
trust before the consolidation of the law enforcement
departments; and
(B) after the consolidation becomes a law enforcement
officer of the consolidated law enforcement department;
remains an employee beneficiary of the sheriff's pension trust.
The member retains, after the consolidation, credit in the
sheriff's pension trust for service earned while a member of the
county police force and continues to earn service credit in the
sheriff's pension trust as a member of the consolidated law
enforcement department for purposes of determining the
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member's benefits from the sheriff's pension trust.
(5) A member of the police department of the consolidated city
who:
(A) was a member of the 1953 fund or the 1977 fund before
the consolidation of the law enforcement departments; and
(B) after the consolidation becomes a law enforcement
officer of the consolidated law enforcement department;
remains a member of the 1953 fund or the 1977 fund. The
member retains, after the consolidation, credit in the 1953 fund
or the 1977 fund for service earned while a member of the
police department of the consolidated city and continues to earn
service credit in the 1953 fund or the 1977 fund as a member of
the consolidated law enforcement department for purposes of
determining the member's benefits from the 1953 fund or the
1977 fund.
(6) The ordinance must designate the merit system that shall
apply to the law enforcement officers of the consolidated law
enforcement department.
(7) The ordinance must designate who shall serve as a
coapplicant for a warrant or an extension of a warrant under
IC 35-33.5-2.
(8) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property
tax levy limit to provide for the payment of the expenses for the
operation of the consolidated law enforcement department. The
police special service district established under section 6 of this
chapter may levy property taxes to provide for the payment of
expenses for the operation of the consolidated law enforcement
department within the territory of the police special service
district. Property taxes to fund the pension obligation under
IC 36-8-7.5 may be levied only by the police special service
district within the police special service district. The
consolidated city may not levy property taxes to fund the
pension obligation under IC 36-8-7.5. Property taxes to fund the
pension obligation under IC 36-8-8 for members of the 1977
police officers' and firefighters' pension and disability fund who
were members of the police department of the consolidated city
on the effective date of the consolidation may be levied only by
the police special service district within the police special
service district. Property taxes to fund the pension obligation
under IC 36-8-10 for members of the sheriff's pension trust and
under IC 36-8-8 for members of the 1977 police officers' and
firefighters' pension and disability fund who were not members
of the police department of the consolidated city on the
effective date of the consolidation may be levied by the
consolidated city within the consolidated city's maximum
permissible ad valorem property tax levy. The assets of the
consolidated city's 1953 fund and the assets of the sheriff's
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pension trust may not be pledged after the effective date of the
consolidation as collateral for any loan.
As added by P.L.227-2005, SEC.17. Amended by P.L.1-2006,
SEC.559; P.L.216-2007, SEC.54; P.L.182-2009(ss), SEC.400;
P.L.266-2013, SEC.5; P.L.121-2016, SEC.32.
IC 36-3-1-6
Special service districts; special taxing districts
Sec. 6. (a) When a first class city becomes a consolidated city, the
following special service districts of the consolidated city are
created:
(1) Fire special service district.
(2) Police special service district.
(3) Solid waste collection special service district.
(b) The territory of each special service district includes all the
territory that comprised the district as of August 31, 1981, subject to
IC 36-3-2-3(b).
(c) When a first class city becomes a consolidated city, all of the
following special taxing districts existing in the city continue as
special taxing districts of the consolidated city including the
following territory:
(1) Flood control district, including all the territory in the
county.
(2) Park district, including all the territory in the county.
(3) Redevelopment district, including all the territory in the
consolidated city.
(4) Sanitary district, including all the territory that comprised
the district as of August 31, 1981.
(5) Waste disposal district, including all the territory that
comprised the district as of August 31, 1981.
In addition, a metropolitan thoroughfare district, including all the
territory in the county, is created as a special taxing district of the
consolidated city.
(d) The territory of each special taxing district is subject to
IC 36-3-2-3(b).
As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981,
P.L.17, SEC.15; Acts 1982, P.L.77, SEC.4.
IC 36-3-1-6.1
Consolidation of fire departments
Sec. 6.1. (a) This section applies only in a county containing a
consolidated city. If the requirements of subsection (g) are satisfied,
the fire departments of the following are consolidated into the fire
department of a consolidated city (referred to as "the consolidated
fire department"):
(1) A township for which the consolidation is approved by the
township legislative body and trustee and the legislative body
and mayor of the consolidated city.
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(2) Any fire protection territory established under IC 36-8-19
that is located in a township described in subdivision (1).
(b) If the requirements of subsection (g) are satisfied, the
consolidated fire department shall provide fire protection services
within an entity described in subsection (a)(1) or (a)(2) in which the
requirements of subsection (g) are satisfied on the date agreed to in
the resolution of the township legislative body and the ordinance of
the legislative body of the consolidated city.
(c) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into
the fire department of the consolidated city, all of the property,
equipment, records, rights, and contracts of the department
consolidated into the fire department of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.
However, real property other than real property used as a fire station
may be transferred only on terms mutually agreed to by the
legislative body and mayor of the consolidated city and the trustee
and legislative body of the township in which that real property is
located.
(d) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into
the fire department of the consolidated city, the employees of the fire
department consolidated into the fire department of the consolidated
city cease employment with the department of the entity listed in
subsection (a) and become employees of the consolidated fire
department on the effective date of the consolidation. The
consolidated city shall assume all agreements with labor
organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the
fire department of the consolidated city who become employees
of the consolidated fire department.
(e) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into
the fire department of a consolidated city, the indebtedness related
to fire protection services incurred before the effective date of the
consolidation by the entity or a building, holding, or leasing
corporation on behalf of the entity whose fire department is
consolidated into the consolidated fire department under subsection
(a) shall remain the debt of the entity and does not become and may
not be assumed by the consolidated city. Indebtedness related to fire
protection services that is incurred by the consolidated city before
the effective date of the consolidation shall remain the debt of the
consolidated city and property taxes levied to pay the debt may only
be levied by the fire special service district.
(f) If the requirements of subsection (g) are satisfied and the fire
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department of an entity listed in subsection (a) is consolidated into
the fire department of a consolidated city, the merit board and the
merit system of the fire department that is consolidated are dissolved
on the effective date of the consolidation, and the duties of the merit
board are transferred to and assumed by the merit board for the
consolidated fire department on the effective date of the
consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the
consolidated city. A township legislative body may adopt a
resolution under this subsection only after the township legislative
body has held a public hearing concerning the proposed
consolidation. The township legislative body shall hold the hearing
not earlier than thirty (30) days after the date the resolution is
introduced. The hearing shall be conducted in accordance with
IC 5-14-1.5 and notice of the hearing shall be published in
accordance with IC 5-3-1. If the township legislative body has
adopted a resolution under this subsection, the township legislative
body shall, after approval from the township trustee, forward the
resolution to the legislative body of the consolidated city. If such a
resolution is forwarded to the legislative body of the consolidated
city and the legislative body of the consolidated city adopts an
ordinance, approved by the mayor of the consolidated city, approving
the consolidation of the fire department of the township into the fire
department of the consolidated city, the requirements of this
subsection are satisfied. The consolidation shall take effect on the
date agreed to by the township legislative body in its resolution and
by the legislative body of the consolidated city in its ordinance
approving the consolidation.
(h) The following apply if the requirements of subsection (g) are
satisfied:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body
in the resolution and by the legislative body of the consolidated
city in its ordinance approving the consolidation.
(2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective
date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of
the fire department of a consolidated city under this section;
remains a member of the 1977 fund without being required to
meet the requirements under IC 36-8-8-19 and IC 36-8-8-21.
The firefighter shall receive credit for any service as a member
of the 1977 fund before the consolidation to determine the
firefighter's eligibility for benefits under IC 36-8-8.
(3) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective
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date of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of
the fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall
receive credit for any service as a member of the 1937 fund
before the consolidation to determine the firefighter's eligibility
for benefits under IC 36-8-7.
(4) For property taxes first due and payable in the year in which
the consolidation is effective, the maximum permissible ad
valorem property tax levy under IC 6-1.1-18.5:
(A) is increased for the consolidated city by an amount equal
to the maximum permissible ad valorem property tax levy in
the year preceding the year in which the consolidation is
effective for fire protection and related services by the
township whose fire department is consolidated into the fire
department of the consolidated city under this section; and
(B) is reduced for the township whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year
preceding the year in which the consolidation is effective for
fire protection and related services for the township.
(5) The amount levied in the year preceding the year in which
the consolidation is effective by the township whose fire
department is consolidated into the fire department of the
consolidated city for the township's cumulative building and
equipment fund for fire protection and related services is
transferred on the effective date of the consolidation to the
consolidated city's cumulative building and equipment fund for
fire protection and related services, which is hereby established.
The consolidated city is exempted from the requirements of
IC 36-8-14 and IC 6-1.1-41 regarding establishment of the
cumulative building and equipment fund for fire protection and
related services.
(6) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund of the township are dissolved, and their services are
terminated not later than the effective date of the consolidation.
The duties performed by the local boards under IC 36-8-7 and
IC 36-8-8, respectively, are assumed by the consolidated city's
local board for the 1937 firefighters' pension fund and local
board for the 1977 police officers' and firefighters' pension and
disability fund, respectively. Notwithstanding any other
provision, the legislative body of the consolidated city may
adopt an ordinance to adjust the membership of the
consolidated city's local board to reflect the consolidation.
(7) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property
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tax levy limit to provide for the payment of the expenses for the
operation of the consolidated fire department. However,
property taxes to fund the pension obligation under IC 36-8-7
for members of the 1937 firefighters fund who were employees
of the consolidated city at the time of the consolidation may be
levied only by the fire special service district within the fire
special service district. The fire special service district
established under IC 36-3-1-6 may levy property taxes to
provide for the payment of expenses for the operation of the
consolidated fire department within the territory of the fire
special service district. Property taxes to fund the pension
obligation under IC 36-8-8 for members of the 1977 police
officers' and firefighters' pension and disability fund who were
members of the fire department of the consolidated city on the
effective date of the consolidation may be levied only by the
fire special service district within the fire special service
district. Property taxes to fund the pension obligation for
members of the 1937 firefighters fund who were not members
of the fire department of the consolidated city on the effective
date of the consolidation and members of the 1977 police
officers' and firefighters' pension and disability fund who were
not members of the fire department of the consolidated city on
the effective date of the consolidation may be levied by the
consolidated city within the city's maximum permissible ad
valorem property tax levy. However, these taxes may be levied
only within the fire special service district and any townships
that have consolidated fire departments under this section.
(8) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before
March 1 of the year in which the consolidation is effective and
before March 1 in each of the following two (2) years, to
determine:
(A) the amount of any cost savings, operational efficiencies,
or improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation
and performance audit must be provided to the legislative
council in an electronic format under IC 5-14-6 and to the state
budget committee.
As added by P.L.227-2005, SEC.18. Amended by P.L.1-2006,
SEC.560.
IC 36-3-1-6.2
Emergency ambulance services
Sec. 6.2. (a) If a consolidated fire department is established under
section 6.1 of this chapter, the consolidated city, through the
consolidated fire department, shall after the consolidation establish,
operate, and maintain emergency ambulance services (as defined in
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IC 16-18-2-107) in the fire special service district and in those
townships in the county that are consolidated under section 6.1 of
this chapter.
(b) This section does not prohibit the providing of emergency
ambulance services under an interlocal agreement under IC 36-1-7.
As added by P.L.227-2005, SEC.19.
IC 36-3-1-7
Excluded cities; included towns
Sec. 7. (a) A municipality, other than a first class city, having a
population of more than five thousand (5,000) in the county is known
as an excluded city and does not become part of the consolidated city
under this chapter. In addition, a municipality that had qualified as
an excluded city before January 1, 1973, under IC 18-4-1-2(d)
(repealed September 1, 1981), is considered an excluded city. Any
other municipality is known as an included town and does become
part of the consolidated city under this chapter.
(b) This article applies to any part of an included town that is
inside the county boundaries, even though part of it is outside those
boundaries.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.3-1990,
SEC.124.
IC 36-3-1-8
Transfer of functions and obligations
Sec. 8. (a) When a first class city becomes a consolidated city, the
agencies of the first class city are abolished and their functions are
assigned to agencies of the consolidated city as provided by this title.
When these functions are transferred in this manner, the property,
records, personnel, rights, and liabilities related to the functions are
likewise transferred, except that the city-county legislative body may,
by ordinance, provide that they be transferred to a different agency.
(b) Notwithstanding subsection (a), these obligations are
transferred as follows when a first class city becomes a consolidated
city:
(1) Bonds and other indebtedness of a special taxing district, to
the special taxing district that continues to have the function of
the district on account of which the bonds and indebtedness
were issued.
(2) Bonds and other indebtedness relating to a function
transferred to a special service district, to the consolidated city.
(3) Any other bonds and other indebtedness of, or assumed by,
the first class city, to the consolidated city.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-9
Ordinances; application; disposition
Sec. 9. (a) When a first class city becomes a consolidated city,
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every ordinance of:
(1) the first class city;
(2) the county;
(3) a mass transportation authority of the county; or
(4) any other municipal corporation the functions of which are
transferred to the consolidated city by this title;
becomes an ordinance of the consolidated city and shall be enforced
only by the consolidated city.
(b) Such an ordinance continues to apply only in the territory in
which it applied before becoming an ordinance of the consolidated
city, subject to subsection (c).
(c) Such an ordinance may be codified, amended, or repealed by
the city-county legislative body in the same manner as other
ordinances under this title.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-10
Annexation proceedings pending; continuation; expansion effect
Sec. 10. If any annexation proceedings concerning territory inside
the county are pending when a first class city becomes a consolidated
city, the annexation proceedings shall be continued as if this chapter
did not apply. However, if the annexation later takes effect, the
following provisions apply:
(1) If the annexation is by the first class city, it has the effect of
expanding the special service districts created by section 6 of
this chapter.
(2) If the annexation is by another municipality in the county,
it has the effect of expanding the municipality as an excluded
city or included town.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-1-11
Effect of change on political subdivisions in county; continuation
of powers and rights
Sec. 11. Political subdivisions in the county are not affected when
a first class city becomes a consolidated city, except to the extent that
this title limits their functions or transfers them to the consolidated
city. Such a political subdivision continues to have:
(1) the power to levy and collect property taxes in furtherance
of functions not transferred to the consolidated city; and
(2) if applicable, the power to adopt and enforce ordinances
prescribing a penalty for violation.
In addition, an excluded city or included town continues to have the
right to receive distributions of revenues collected by the state, in the
manner prescribed by statute, including distributions from the motor
vehicle highway account, the cigarette tax fund, alcoholic beverage
fees, and other tax revenues.
As added by Acts 1980, P.L.212, SEC.2.
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IC 36-3-1-12
Alteration of status, boundaries, or ordinances of political
subdivisions
Sec. 12. This chapter does not alter the status, boundaries, or
ordinances of political subdivisions in a county where a first class
city became a consolidated city before September 1, 1981. The
status, boundaries, and ordinances remain as they existed on August
31, 1981, until altered according to the applicable law.
As added by Acts 1980, P.L.212, SEC.2.
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