2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 4. GOVERNMENT OF CITIES AND TOWNS GENERALLY CHAPTER 6. CITY LEGISLATIVE BODY
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IC 36-4-6
Chapter 6. City Legislative Body
IC 36-4-6-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to sections 13 and 14 of this
chapter by P.L.335-1985 do not affect a proposal initiated before
September 1, 1986, to amend, repeal, or otherwise change a
comprehensive plan or zoning ordinance under IC 36-7-4. Such a
proposal may be considered, adopted, and approved under the
statutes in effect before September 1, 1986, as if P.L.335-1985 had
not been enacted.
As added by P.L.220-2011, SEC.652.
IC 36-4-6-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.42.
IC 36-4-6-2
Common council; election; eligibility; term of office
Sec. 2. (a) A common council, which is the city legislative body,
shall be elected under IC 3-10-6 by the voters of each city.
(b) A person is eligible to be a member of the legislative body
only if the person meets the qualifications prescribed by IC 3-8-1-27.
(c) Residency in territory that is annexed by the city before the
person files a declaration of candidacy or petition of nomination is
considered residency for the purposes of subsection (b), even if the
annexation takes effect less than one (1) year before the election.
(d) A member of the legislative body must reside within:
(1) the city as provided in Article 6, Section 6 of the
Constitution of the State of Indiana; and
(2) the district from which the member was elected, if
applicable.
(e) A member forfeits office if the member ceases to be a resident
of the district or city.
(f) The term of office of a member of the legislative body is four
(4) years, beginning at noon on January 1 after election and
continuing until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986,
SEC.51; P.L.3-1987, SEC.557.
IC 36-4-6-3
Second class cities; division into six districts; boundaries; legislative
body candidates; territory not included in any district or in more
than one district; recertification of districts; filing with circuit
court clerk; time for filing; district boundary description prevails
over conflicting map
Sec. 3. (a) This section applies only to second class cities.
(b) The legislative body shall adopt an ordinance to divide the city
into six (6) districts that:
(1) are composed of contiguous territory, except for territory
that is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a
precinct boundary line if:
(1) more than one (1) member of the legislative body elected
from the districts established under subsection (b) resides in one
(1) precinct established under IC 3-11-1.5 after the most recent
municipal election; and
(2) following the establishment of a legislative body district
whose boundary crosses a precinct boundary line, not more than
one (1) member of the legislative body elected from districts
resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a
precinct line if the districts would not otherwise contain, as nearly as
is possible, equal population.
(e) A city legislative body district with a boundary described by
subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that
the census block has no population, and is not likely to ever
have population.
(f) The legislative body may not adopt an ordinance dividing the
city into districts with boundaries described by subsection (c) or (d)
unless the clerk of the city mails a written notice to the circuit court
clerk. The notice must:
(1) state that the legislative body is considering the adoption of
an ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) Except as provided in subsection (l), the division under
subsection (b) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to
IC 3-11-1.5-32.
(h) The legislative body is composed of six (6) members elected
from the districts established under subsection (b) and three (3)
at-large members.
(i) Each voter of the city may vote for three (3) candidates for
at-large membership and one (1) candidate from the district in which
the voter resides. The three (3) at-large candidates receiving the most
votes from the whole city and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(j) If any territory in the city is not included in one (1) of the
districts established under this section, 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.
(k) If any territory in the city is included in more than one (1) of
the districts established under this section, the territory is included in
the district that:
(1) is one (1) of the districts in which the territory is described
in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory.
(l) This subsection applies during the second year after a year in
which a federal decennial census is conducted. If the legislative body
determines that a division under subsection (g) is not required, the
legislative body shall adopt an ordinance recertifying that the districts
as drawn comply with this section.
(m) A copy of the ordinance establishing districts or a
recertification adopted under this section must be filed with the
circuit court clerk of the county that contains the greatest population
of the city not later than thirty (30) days after the ordinance or
recertification is adopted. The filing must include a map of the
district boundaries:
(1) adopted under subsection (b); or
(2) recertified under subsection (l).
(n) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application of
the ordinance violates this chapter, the invalidity does not affect the
other provisions or applications of the ordinance that can be given
effect without the invalid provision or application. The provisions of
the ordinance are severable.
(o) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth
in the ordinance, not the boundaries shown on the map, to the extent
there is a conflict between the description and the map.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,
P.L.73, SEC.6; P.L.13-1988, SEC.16; P.L.5-1989, SEC.101;
P.L.7-1990, SEC.58; P.L.3-1993, SEC.265; P.L.230-2005, SEC.85;
P.L.271-2013, SEC.49.
IC 36-4-6-4
Third class cities; division into five districts; boundaries;
alternative division into four districts; alternative division into
three districts and two at-large candidates; voting; recertification
of districts; filing with circuit court clerk; time for filing; district
boundary description prevails over conflicting map
Sec. 4. (a) This section applies to third class cities, except as
provided by section 5 of this chapter.
(b) This subsection does not apply to a city with an ordinance
described by subsection (j) or (m). The legislative body shall adopt
an ordinance to divide the city into five (5) districts that:
(1) are composed of contiguous territory, except for territory
that is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a
precinct boundary line if:
(1) more than one (1) member of the legislative body elected
from the districts established under subsection (b), (j), or (m)
resides in one (1) precinct established under IC 3-11-1.5 after
the most recent municipal election; and
(2) following the establishment of a legislative body district
whose boundary crosses a precinct boundary line, not more than
one (1) member of the legislative body elected from the districts
resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a
precinct line if the districts would not otherwise contain, as nearly as
is possible, equal population.
(e) A city legislative body district with a boundary described by
subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that
the census block has no population, and is not likely to ever
have population.
(f) The legislative body may not adopt an ordinance dividing the
city into districts with boundaries described by subsection (c) or (d)
unless the clerk of the city mails a written notice to the circuit court
clerk. The notice must:
(1) state that the legislative body is considering the adoption of
an ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) Except as provided in subsection (q), the division under
subsection (b), (j), or (m) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to
IC 3-11-1.5-32.
(h) This subsection does not apply to a city with an ordinance
described by subsection (j) or (m). The legislative body is composed
of five (5) members elected from the districts established under
subsection (b) and two (2) at-large members.
(i) This subsection does not apply to a city with an ordinance
described by subsection (j) or (m). Each voter of the city may vote for
two (2) candidates for at-large membership and one (1) candidate
from the district in which the voter resides. The two (2) at-large
candidates receiving the most votes from the whole city and the
district candidates receiving the most votes from their respective
districts are elected to the legislative body.
(j) A city may adopt an ordinance under this subsection to divide
the city into four (4) districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance described
by subsection (j). The legislative body is composed of four (4)
members elected from the districts established under subsection (j)
and three (3) at-large members.
(l) This subsection applies to a city with an ordinance described by
subsection (j). Each voter of the city may vote for three (3)
candidates for at-large membership and one (1) candidate from the
district in which the voter resides. The three (3) at-large candidates
receiving the most votes from the whole city and the district
candidates receiving the most votes from their respective districts are
elected to the legislative body.
(m) This subsection applies only if the ordinance adopted under
IC 36-4-1.5-3 by the town legislative body of a town that has a
population of less than ten thousand (10,000) and that becomes a city
specifies that the city legislative body districts are governed by this
subsection. The ordinance adopted under IC 36-4-1.5-3(b)(1)
dividing the town into city legislative body districts may provide that:
(1) the city shall be divided into three (3) districts that:
(A) are composed of contiguous territory;
(B) are reasonably compact;
(C) do not cross precinct boundary lines, except as provided
in subsection (c) or (d); and
(D) contain, as nearly as is possible, equal population; and
(2) the legislative body of the city is composed of three (3)
members elected from the districts established under this
subsection and two (2) at-large members.
Each voter of the city may vote for two (2) candidates for at-large
membership and one (1) candidate from the district in which the voter
resides. The two (2) at-large candidates receiving the most votes from
the whole city and the district candidates receiving the most votes
from their respective districts are elected to the legislative body.
(n) A copy of the ordinance establishing districts or a
recertification adopted under this section must be filed with the
circuit court clerk of the county that contains the greatest population
of the city no later than thirty (30) days after the ordinance or
recertification is adopted. The filing must include a map of the
district boundaries:
(1) adopted under subsection (b), (j), or (m); or
(2) recertified under subsection (q).
(o) If any territory in the city is not included in one (1) of the
districts established under this section, 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.
(p) If any territory in the city is included in more than one (1) of
the districts established under this section, the territory is included in
the district that:
(1) is one (1) of the districts in which the territory is described
in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory.
(q) This subsection applies during the second year after a year in
which a federal decennial census is conducted. If the legislative body
determines that a division under subsection (g) is not required, the
legislative body shall adopt an ordinance recertifying that the districts
as drawn comply with this section.
(r) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application of
the ordinance violates this chapter, the invalidity does not affect the
other provisions or applications of the ordinance that can be given
effect without the invalid provision or application. The provisions of
the ordinance are severable.
(s) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth
in the ordinance, not the boundaries shown on the map, to the extent
there is a conflict between the description and the map.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,
P.L.73, SEC.7; Acts 1981, P.L.44, SEC.43; P.L.13-1988, SEC.17;
P.L.5-1989, SEC.102; P.L.7-1990, SEC.59; P.L.4-1991, SEC.141;
P.L.1-1992, SEC.184; P.L.3-1993, SEC.266; P.L.230-2005, SEC.86;
P.L.169-2006, SEC.51; P.L.271-2013, SEC.50.
IC 36-4-6-5
Third class cities having populations of less than 10,000; division
into four districts; boundaries; alternative division into three
districts; voting for legislative body candidates; territory not
included in any district or included in more than one district;
recertification of districts; filing with circuit court clerk; time for
filing; district boundary description prevails over conflicting map
Sec. 5. (a) This section applies to third class cities having a
population of less than ten thousand (10,000). The legislative body
of such a city may, by ordinance adopted after June 30, 2010, and
during a year in which an election of the legislative body will not
occur, decide to be governed by this section instead of section 4 of
this chapter. The legislative body districts created by an ordinance
adopted under this subsection apply to the first election of the
legislative body held after the date the ordinance is adopted. The
clerk of the legislative body shall send a certified copy of any
ordinance adopted under this subsection to the secretary of the county
election board.
(b) This subsection does not apply to a city with an ordinance
described by subsection (j). The legislative body shall adopt an
ordinance to divide the city into four (4) districts that:
(1) are composed of contiguous territory, except for territory
that is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross a
precinct boundary line if:
(1) more than one (1) member of the legislative body elected
from the districts established under subsection (b) or (j) resides
in one (1) precinct established under IC 3-11-1.5 after the most
recent municipal election; and
(2) following the establishment of a legislative body district
whose boundary crosses a precinct boundary line, not more than
one (1) member of the legislative body elected from the districts
resides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross a
precinct line if the districts would not otherwise contain, as nearly as
is possible, equal population.
(e) A city legislative body district with a boundary described by
subsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance that
the census block has no population, and is not likely to ever
have population.
(f) The legislative body may not adopt an ordinance dividing the
city into districts with boundaries described by subsection (c) or (d)
unless the clerk of the city mails a written notice to the circuit court
clerk. The notice must:
(1) state that the legislative body is considering the adoption of
an ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) Except as provided in subsection (q), the division under
subsection (b) or (j) shall be made:
(1) during the second year after a year in which a federal
decennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject to
IC 3-11-1.5-32.
(h) This subsection does not apply to a city with an ordinance
described by subsection (j). The legislative body is composed of four
(4) members elected from the districts established under subsection
(b) and one (1) at-large member.
(i) This subsection does not apply to a city with an ordinance
described by subsection (j). Each voter may vote for one (1)
candidate for at-large membership and one (1) candidate from the
district in which the voter resides. The at-large candidate receiving
the most votes from the whole city and the district candidates
receiving the most votes from their respective districts are elected to
the legislative body.
(j) A city may adopt an ordinance under this subsection to divide
the city into three (3) districts that:
(1) are composed of contiguous territory, except for territory
that is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided in
subsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance described
by subsection (j). The legislative body is composed of three (3)
members elected from the districts established under subsection (j)
and two (2) at-large members.
(l) This subsection applies to a city with an ordinance described by
subsection (j). Each voter of the city may vote for two (2) candidates
for at-large membership and one (1) candidate from the district in
which the voter resides. The two (2) at-large candidates receiving the
most votes from the whole city and the district candidates receiving
the most votes from their respective districts are elected to the
legislative body.
(m) This subsection applies to a city having a population of less
than seven thousand (7,000). A legislative body of such a city that
has, by resolution adopted before May 7, 1991, decided to continue
an election process that permits each voter of the city to vote for one
(1) candidate at large and one (1) candidate from each of its four (4)
council districts may hold elections using that voting arrangement.
The at-large candidate and the candidate from each district receiving
the most votes from the whole city are elected to the legislative body.
The districts established in cities adopting such a resolution may
cross precinct boundary lines.
(n) A copy of the ordinance establishing districts or a
recertification under this section must be filed with the circuit court
clerk of the county that contains the greatest population of the city
not later than thirty (30) days after the ordinance or recertification is
adopted. The filing must include a map of the district boundaries:
(1) adopted under subsection (b) or (j); or
(2) recertified under subsection (q).
(o) If any territory in the city is not included in one (1) of the
districts established under this section, 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.
(p) If any territory in the city is included in more than one (1) of
the districts established under this section, the territory is included in
the district that:
(1) is one (1) of the districts in which the territory is described
in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory.
(q) This subsection applies during the second year after a year in
which a federal decennial census is conducted. If the legislative body
determines that a division under subsection (b) or (j) is not required,
the legislative body shall adopt an ordinance recertifying that the
districts as drawn comply with this section.
(r) The limitations set forth in this section are part of the
ordinance, but do not have to be specifically set forth in the
ordinance. The ordinance must be construed, if possible, to comply
with this chapter. If a provision of the ordinance or an application of
the ordinance violates this chapter, the invalidity does not affect the
other provisions or applications of the ordinance that can be given
effect without the invalid provision or application. The provisions of
the ordinance are severable.
(s) If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the
ordinance;
the district boundaries are the description of the boundaries set forth
in the ordinance, not the boundaries shown on the map, to the extent
there is a conflict between the description and the map.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,
P.L.73, SEC.8; Acts 1981, P.L.44, SEC.44; P.L.13-1988, SEC.18;
P.L.5-1989, SEC.103; P.L.7-1990, SEC.60; P.L.4-1991, SEC.142;
P.L.1-1992, SEC.185; P.L.3-1993, SEC.267; P.L.230-2005, SEC.87;
P.L.113-2010, SEC.121; P.L.271-2013, SEC.51.
IC 36-4-6-6
Power to expel member or declare seat vacant; rules
Sec. 6. The legislative body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if he is unable to
perform the duties of his office; and
(3) adopt its own rules to govern proceedings under this section.
However, a two-thirds (2/3) vote is required to expel a member or
vacate his seat.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-7
Meetings
Sec. 7. (a) The legislative body shall hold its first regular meeting
in January after its election. In subsequent months, the legislative
body shall hold regular meetings at least once a month, unless its
rules require more frequent meetings.
(b) A special meeting of the legislative body shall be held when
called by the city executive or when called under the rules of the
legislative body.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.169-2006,
SEC.52.
IC 36-4-6-8
President; vice president; president pro tempore
Sec. 8. (a) This subsection applies only to second class cities. At
its first regular meeting under section 7 of this chapter, and each
succeeding January, the legislative body shall choose from its
members a president and a vice president.
(b) This subsection applies only to third class cities. The city
executive shall preside at all meetings of the legislative body, but
may vote only in order to break a tie. At its first regular meeting
under section 7 of this chapter and each succeeding January, the
legislative body shall choose from its members a president pro
tempore to preside whenever the executive is absent.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982,
P.L.33, SEC.23; P.L.349-1983, SEC.3; P.L.169-2006, SEC.53.
IC 36-4-6-9
Clerk; duties
Sec. 9. The city clerk is the clerk of the legislative body. He shall:
(1) preserve the legislative body's records in his office;
(2) keep an accurate record of the legislative body's
proceedings;
(3) record the ayes and nays on each vote on an ordinance or
resolution;
(4) record the ayes and nays on other votes when requested to
do so by two (2) or more members;
(5) present ordinances, orders, or resolutions to the city
executive under section 15 of this chapter; and
(6) record ordinances under section 17 of this chapter.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-10
Quorum
Sec. 10. A majority of all the elected members of the legislative
body constitutes a quorum.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-11
Majority vote; two-thirds vote
Sec. 11. (a) A requirement that an ordinance, resolution, or other
action of the legislative body be passed by a majority vote means at
least a majority vote of all the elected members.
(b) A requirement that an ordinance, resolution, or other action of
the legislative body be passed by a two-thirds (2/3) vote means at
least a two-thirds (2/3) vote of all the elected members.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-12
Ordinance; majority vote
Sec. 12. A majority vote of the legislative body is required to pass
an ordinance, unless a greater vote is required by statute.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-13
Ordinance; two-thirds vote with unanimous consent of members
present
Sec. 13. (a) A two-thirds (2/3) vote of all the elected members,
after unanimous consent of the members present to consider the
ordinance, is required to pass an ordinance of the legislative body on
the same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to a zoning ordinance or
amendment to a zoning ordinance that is adopted under IC 36-7.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982,
P.L.33, SEC.24; P.L.335-1985, SEC.35.
IC 36-4-6-14
Ordinance, order, or resolution adoption; requirements
Sec. 14. (a) An ordinance, order, or resolution passed by the
legislative body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) either approved by the city executive or passed over the
executive's veto by the legislative body, under section 16 of this
chapter.
If required by statute, an adopted ordinance, order, or resolution must
be promulgated or published before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published in the manner prescribed by
IC 5-3-1, unless:
(1) it is published under subsection (c); or
(2) there is an urgent necessity requiring its immediate
effectiveness, the city executive proclaims the urgent necessity,
and copies of the ordinance are posted in three (3) public places
in each of the districts from which members are elected to the
legislative body.
(c) Except as provided in subsection (e), if a city publishes any of
its ordinances in book or pamphlet form, no other publication is
required. If an ordinance prescribing a penalty or forfeiture for a
violation is published under this subsection, it takes effect two (2)
weeks after the publication of the book or pamphlet. Publication
under this subsection, if authorized by the legislative body,
constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly signed, attested,
recorded, and approved.
(d) This section (other than subsection (f)) does not apply to a
zoning ordinance or amendment to a zoning ordinance, or a
resolution approving a comprehensive plan, that is adopted under
IC 36-7.
(e) An ordinance increasing a building permit fee on new
development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is
adopted by the legislative body in accordance with IC 5-3-1;
and
(2) delay the implementation of the fee increase for ninety (90)
days after the date the ordinance is published under subdivision
(1).
(f) Subject to subsection (j), the legislative body shall:
(1) subject to subsection (g), give written notice to the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(2) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(g) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement of
subsection (f)(1).
(h) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice requirements
of subsection (f).
(i) The failure of an environmental restrictive ordinance to comply
with subsection (h) does not void the ordinance.
(j) The notice requirements of subsection (f) apply only if the
municipal corporation received under IC 13-25-5-8.5(f) written
notice that the department is relying on the environmental restrictive
ordinance referred to in subsection (f) as part of a risk based
remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
or IC 13-25-5.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.335-1985,
SEC.36; P.L.100-2003, SEC.2; P.L.78-2009, SEC.25; P.L.159-2011,
SEC.46.
IC 36-4-6-15
Ordinance, order, or resolution; presentation to city executive
Sec. 15. After an ordinance, order, or resolution passed by the
legislative body has been signed by the presiding officer, the clerk
shall present it to the city executive, and record the time of the
presentation.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-16
Ordinance, order, or resolution; power of city executive to approve
or veto
Sec. 16. (a) Within ten (10) days after an ordinance, order, or
resolution is presented to him, the city executive shall:
(1) approve the ordinance, order, or resolution, by entering his
approval on it, signing it, and sending the legislative body a
message announcing his approval; or
(2) veto the ordinance, order, or resolution, by returning it to the
legislative body with a message announcing his veto and stating
his reasons for the veto.
The executive may approve or veto separate items of an ordinance
appropriating money or levying a tax.
(b) If the executive fails to perform his duty under subsection (a),
the ordinance, order, or resolution is considered vetoed.
(c) Whenever an ordinance, order, or resolution is vetoed by the
city executive, it is considered defeated unless the legislative body,
at its first regular or special meeting after the ten (10) day period
prescribed by subsection (a), passes the ordinance, order, or
resolution over his veto by a two-thirds (2/3) vote.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-17
Ordinance adoption; recording; contents of record; effect as
evidence
Sec. 17. Within a reasonable time after an ordinance of the
legislative body is adopted, the clerk shall record it in a book kept for
that purpose. The record must include:
(1) the signature of the presiding officer;
(2) the attestation of the clerk;
(3) the executive's approval or veto of the ordinance;
(4) if applicable, a memorandum of the passage of the ordinance
over the veto; and
(5) the date of each recorded item.
The record or a certified copy of it constitutes presumptive evidence
of the adoption of the ordinance.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-18
Purposes of ordinance, order, resolution, or motion
Sec. 18. The legislative body may pass ordinances, orders,
resolutions, and motions for the government of the city, the control
of the city's property and finances, and the appropriation of money.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-19
Loans and issuance of bonds
Sec. 19. (a) The legislative body may, by ordinance, make loans
of money and issue bonds for the purpose of refunding those loans.
The loans may be made only for the purpose of procuring money to
be used in the exercise of the powers of the city or for the payment
of city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidence
of the loan;
(2) must include the time and manner of giving notice of the
sale of the bonds;
(3) must include the manner in which the bonds will be sold;
and
(4) may authorize a total amount for any issue of bonds.
(c) Bonds issued under this section may be sold in parcels of any
size and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by a city under this section:
(1) are negotiable with or without registration, as may be
provided by the ordinance authorizing the issue;
(2) may bear interest at any rate;
(3) may run not longer than thirty (30) years;
(4) may contain an option allowing the city to redeem them in
whole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The city fiscal officer shall:
(1) manage and supervise the preparation, advertisement,
negotiations, and sale of bonds under this section, subject to the
terms of the ordinance authorizing the sale;
(2) certify the amount the purchaser is to pay, together with the
name and address of the purchaser;
(3) receive the amount of payment certified;
(4) deliver the bonds to the purchaser;
(5) take a receipt for the securities delivered;
(6) pay the purchaser's payment into the city treasury; and
(7) report the proceedings in the sale to the legislative body.
The actions of the fiscal officer under this subsection are ministerial.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.173-2003,
SEC.26.
IC 36-4-6-20
Temporary or short term loans in anticipation of current revenues
Sec. 20. (a) The legislative body may, by ordinance, make loans
of money for not more than five (5) years and issue notes for the
purpose of refunding those loans. The loans may be made only for
the purpose of procuring money to be used in the exercise of the
powers of the city, and the total amount of outstanding loans under
this subsection may not exceed five percent (5%) of the city's total
tax levy in the current year (excluding amounts levied to pay debt
service and lease rentals). Loans under this subsection shall be made
in the same manner as loans made under section 19 of this chapter,
except that:
(1) the ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing
five (5) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the city in terms
designating the nature of the consideration, the time and place
payable, and the revenues out of which they will be payable.
Notes issued under this subsection are not bonded indebtedness for
purposes of IC 6-1.1-18.5.
(b) The legislative body may, by ordinance, make loans and issue
notes for the purpose of refunding those loans in anticipation of
revenues of the city that are anticipated to be levied and collected
during the term of the loans. The term of a loan made under this
subsection may not be more than five (5) years. Loans under this
subsection shall be made in the same manner as loans made under
section 19 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate and
pledge to their payment a sufficient amount of the revenues in
anticipation of which they are issued and out of which they are
payable; and
(2) the loans must be evidenced by time warrants of the city in
terms designating the nature of the consideration, the time and
place payable, and the revenues in anticipation of which they
are issued and out of which they are payable.
(c) An action to contest the validity of a loan made under this
section must be brought within fifteen (15) days from the day on
which the ordinance is adopted.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982,
P.L.209, SEC.1; P.L.37-1988, SEC.23; P.L.35-1990, SEC.44;
P.L.40-1996, SEC.9.
IC 36-4-6-21
Investigative powers of legislative body
Sec. 21. (a) The legislative body may investigate:
(1) the departments, officers, and employees of the city;
(2) any charges against a department, officer, or employee of the
city; and
(3) the affairs of a person with whom the city has entered or is
about to enter into a contract.
(b) When conducting an investigation under this section, the
legislative body:
(1) is entitled to access to all records pertaining to the
investigation; and
(2) may compel the attendance of witnesses and the production
of evidence by subpoena and attachment served and executed in
the county in which the city is located.
(c) If a person refuses to testify or produce evidence at an
investigation conducted under this section, the legislative body may
order its clerk to immediately present to the circuit court of the
county a written report of the facts relating to the refusal. The court
shall hear all questions relating to the refusal to testify or produce
evidence, and shall also hear any new evidence not included in the
clerk's report. If the court finds that the testimony or evidence sought
should be given or produced, it shall order the person to testify or
produce the evidence, or both.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,
P.L.73, SEC.9; Acts 1981, P.L.11, SEC.163.
IC 36-4-6-22
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-4-6-23
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-4-6-24
Attorneys and legal research assistants
Sec. 24. (a) The legislative body may hire or contract with
competent attorneys and legal research assistants on terms it
considers appropriate.
(b) Employment of an attorney under this section does not affect
the city department of law established under IC 36-4-9.
(c) Appropriations for salaries of attorneys and legal research
assistants employed under this section may not exceed the
appropriations for similar salaries in the budget of the city department
of law.
As added by Acts 1980, P.L.212, SEC.3.
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