CHAPTER 4. MERGER OF CLASS 1 PUBLIC LIBRARIES
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
Merger of municipal and county libraries or public library located
in whole or part in consolidated city; board
Sec. 5. In the case of the merger of a municipal public library and
a:
(1) county public library; or
(2) public library located in whole or in part in a consolidated
city;
the municipal public library shall merge into the county public
library or public library located in whole or in part in the
consolidated city. The municipal board and the county board are then
dissolved effective December 31 of the year of the merger and a
newly created board shall take office January 1.
As added by P.L.1-2005, SEC.49.