2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 12. LIBRARIES CHAPTER 4. MERGER OF CLASS 1 PUBLIC LIBRARIES
Download as PDF
IC 36-12-4
Chapter 4. Merger of Class 1 Public Libraries
IC 36-12-4-1
Application of chapter
Sec. 1. This chapter applies only to Class 1 public libraries.
As added by P.L.1-2005, SEC.49.
IC 36-12-4-2
Authorization to merge; resolution
Sec. 2. (a) A public library may merge with any other public
library.
(b) The merger of at least two (2) public libraries must be initiated
by a majority of the entire membership of each library board signing
a resolution initiating the planning of a merger.
As added by P.L.1-2005, SEC.49.
IC 36-12-4-3
Planning committee; plan for merger; adoption
Sec. 3. (a) Not more than thirty (30) days after a resolution calling
for the planning of a merger is signed under section 2 of this chapter,
each library board seeking to merge under this chapter shall appoint
three (3) individuals to serve on a planning committee to develop a
plan for the merger of the libraries.
(b) The plan for the merger must include the following
information:
(1) A designation of the primary library that:
(A) is one (1) of the libraries seeking to merge; and
(B) will continue to exist as a legal entity following the
merger.
(2) A description of the services to be offered by the merged
library.
(3) The terms and conditions upon which the transfer of
property among the merging libraries will be achieved.
(4) A schedule for the merger process to begin and conclude.
(5) Any other pertinent matter.
(c) The plan must be completed not later than one (1) year from
the date that the resolution calling for the planning of the merger is
signed.
(d) Upon completion of the plan described in subsection (b), the
plan shall be presented to the library board of each merging library
for adoption.
(e) A merger is not considered final unless a majority of the
membership of each library board adopts the plan by written
resolution.
As added by P.L.1-2005, SEC.49.
IC 36-12-4-4
Filing resolution; interim board; combination of budgets; new
budget and tax levy
Sec. 4. (a) A copy of the resolution adopting the merger described
in section 3(e) of this chapter must be filed with:
(1) the county recorder in each county in which merging library
districts are located; and
(2) the Indiana state library.
(b) After the resolution adopting the merger is filed, each library
board that is not the board of the primary library shall appoint four
(4) members to serve with the primary library board on an interim
board.
(c) The interim board has the same duties and powers of a public
library board under IC 36-12-3.
(d) After the resolution adopting the merger is filed, the budgets
of the merging libraries shall be:
(1) combined for the remainder of the current year; and
(2) administered by the interim board.
(e) The interim board described in subsection (b) is dissolved on
December 31 of the year in which the merger takes place.
(f) The members of a merged library board shall be appointed
under IC 36-12-2, and the terms of office for the members of the
merged library board begin January 1 following the dissolution of the
interim board.
(g) If a merger takes place after December 31 but before July 1 of
the ensuing year, the interim library board described in subsection (b)
shall present a new budget and tax rate to the department of local
government finance to receive a new tax levy for the merged library
district.
(h) If a merger takes place after June 30 but before January 1 of
the ensuing year, the merged library board described in subsection (f)
shall present a new budget and tax rate to the department of local
government finance to receive a new tax levy for the merged library
district.
As added by P.L.1-2005, SEC.49.
IC 36-12-4-5
Repealed
(Repealed by P.L.84-2012, SEC.25.)
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.