Section 36-10-3-28 - Primary obligation on bond; transfer of powers, duties, liabilities, and other obligations on discontinuation or establishment of new board(a) If a board or district is discontinued under section 3 or 3.1 of this chapter, and a new board or district is not established, the primary obligation on its bonds is not affected, and the unit assumes liability for the payment of the bonds according to their terms.(b) An ordinance adopted under section 3 or 3.1 of this chapter that discontinues a board or district and establishes a new board or district must provide all of the following: (1) All powers, duties, and liabilities of the discontinued board or district are transferred to the newly established board or district.(2) All records and property of each entity, including appropriations and other funds under the control or supervision of the discontinued board or district, are transferred to the newly established board or district.(3) Any amounts owed to a discontinued board or district before the effective date of the ordinance are considered to be owed to the new board or district.(4) All powers, duties, and liabilities of a discontinued board or district with respect to bonds issued by that board or district are transferred to the newly established board or district, as the successor board or district. The rights of the bondholders of a discontinued board or district remain unchanged, although the powers, duties, and liabilities of the entity have been transferred to the new board or district, as the successor board or district, as of the effective date of the ordinance adopted under section 3 or 3.1 of this chapter.Pre-Local Government Recodification Citation: 19-7-4-43.
Amended by P.L. 75-2019,SEC. 6, eff. 7/1/2019.As added by Acts1981 , P.L. 309, SEC.110.