Title 36, LOCAL GOVERNMENT

Sec. 12. (a) PILOTS may be imposed under this section for an assessment date occurring after December 31, 2021. (b) As used in this section, the following terms have the meanings set forth in IC 6-1.1-1: (1) Assessed value. (2) Exemption. (3) Owner. (4) Person. (5) Property taxat…

Sec. 2. (a) The consolidated city has home rule powers under IC 36-1-3, including all the powers that a first class city has according to law. In addition, the consolidated city has the power to levy and collect taxes on taxable privileges and to regulate those privileges. (b) If…

Sec. 3. (a) A special service district of the consolidated city: (1) may sue and be sued; (2) may exercise powers of the consolidated city to the extent that those powers are delegated to it by law, but may not issue bonds; and (3) shall provide services to property owners only i…

Sec. 4. (a) An excluded city has home rule powers under IC 36-1-3, including all the powers that municipalities of its class have according to law. (b) An excluded city that wants to annex territory inside the county must do so in the manner prescribed by section 7 of this chapte…

Sec. 5. (a) An included town has home rule powers under IC 36-1-3, including all the powers that municipalities of its class have according to law. However, an included town may not: (1) enforce an ordinance or regulation that is in conflict with or permits a lesser standard than…

Sec. 6. A conservancy district located wholly or partially inside the corporate boundaries of the consolidated city has all the powers granted it by statute. However, it may not: (1) enforce a regulation that is in conflict with or permits a lesser standard than an applicable ord…

Sec. 7. (a) This section governs the transfer of territory that is either: (1) inside the corporate boundaries of the consolidated city and contiguous to an excluded city; or (2) inside the corporate boundaries of an excluded city and contiguous to the consolidated city. IC 36-4-…

Sec. 7.5. A landowner is not required to grant a municipality a waiver against remonstrance as a condition of connection to a sewer or water service if all of the following conditions apply: (1) The landowner is required to connect to the sewer or water service because a person o…

Sec. 8. Whenever the consolidated city, or any of its special service districts or special taxing districts, provides services outside its boundaries, it may impose a service charge for installation and operating expenses, subject to IC 36-1-3-8(a)(6). [Pre-Local Government Recod…

Sec. 9. Before a political subdivision located within the corporate boundaries of the consolidated city may operate or be the prime sponsor of a federal manpower program, it must obtain the approval of both the executive and the legislative body of the consolidated city. [Pre-Loc…

Sec. 1. This chapter applies to all municipalities. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.3.

Sec. 10. At the next general municipal election after a vote in favor of a merger at an election held under section 2 or 3 of this chapter, one (1) set of officers for a municipality having the combined population of the merging municipalities shall be elected by the voters of th…

Sec. 11. (a) The election prescribed by section 10 of this chapter shall be conducted in the manner prescribed by the applicable election statutes, except that there must be a joint election board for the new municipality in place of separate boards for each of the merging munici…

Sec. 12. (a) The legislative bodies of municipalities that vote to merge under this chapter shall meet in joint session at the hall of the municipality having the largest population at 8 p.m. on the second Monday of January of the next year in which a general municipal election i…

Sec. 13. Officers elected under section 10 of this chapter shall qualify and take office at noon on the first Monday of January after their election. [Pre-Local Government Recodification Citation: 18-5-10-17 part.] As added by Acts 1980, P.L.212, SEC.3.

Sec. 14. Officers elected under section 10 of this chapter are the successors in office of the officers of municipalities merging under this chapter. When the officers elected under section 10 of this chapter take office, each officer of the merging municipalities shall deliver t…

Sec. 15. The terms of office of elective and appointive officers of municipalities merging under this chapter are not shortened by the merger. The officers shall serve out the respective terms of office to which they have been elected or appointed at the time of the election on t…

Sec. 16. (a) After a merger under this chapter takes effect, the new municipality: (1) has all the rights, powers, privileges, immunities, and obligations of the merging municipalities; (2) is liable for all the debts, contracts, and liabilities of the merging municipalities; (3)…

Sec. 17. After a merger under this chapter takes effect, the ordinances, rules, resolutions, bylaws, and regulations of each of the merging municipalities remain in force within the territory to which they applied before the merger, and continue in force until amended or repealed…

Sec. 2. (a) If the legislative bodies of two (2) or more adjoining municipalities each agree, by resolution, on: (1) the date of an election to consider the merger of the municipalities; and (2) the name by which the municipality formed by the merger would be known; the municipal…

Sec. 3. (a) If each of the clerks of two (2) or more adjoining municipalities receives a written petition: (1) signed by at least ten percent (10%) of the qualified voters of the municipality, as determined by the votes cast in the municipality for secretary of state at the most …

Sec. 4. (a) If petitions are filed under section 3 of this chapter, the legislative body of each municipality involved in the proposed merger shall meet and by resolution fix a date for the election. The date must be the same in each of the municipalities, and may not be more tha…

Sec. 5. (a) If, at least thirty (30) days before an election held under section 3 of this chapter, voters of each municipality involved in the election file with each of their municipal clerks a petition signed by at least the number of voters required under IC 3-8-6-3 to place a…

Sec. 6. (a) An election held under section 3 of this chapter shall be held in each municipality in the manner prescribed by IC 3-10-8-6. Each municipality is responsible for the expense of the election within its own corporate boundaries. (b) A voter in an election held under sec…

Sec. 7. (a) After an election held under section 3 of this chapter, the election board shall file with the clerk of each municipality the returns of the election in each voting precinct in the manner prescribed by IC 3-12-4. (b) Within ten (10) days after an election held under s…

Sec. 8. An election held under section 2 or 3 of this chapter may not be held in a calendar year in which a general municipal election is to be held. [Pre-Local Government Recodification Citation: 18-5-10-14 part.] As added by Acts 1980, P.L.212, SEC.3.

Sec. 9. (a) A merger approved under this chapter takes effect when: (1) the officers of the new municipality are elected and qualified, as prescribed by section 13 of this chapter; and (2) a copy of the agreement under section 2 of this chapter or the certified election results u…

Sec. 0.1. The amendments made to sections 9.8 and 10 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, ado…

Sec. 1. This chapter applies to all towns. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.4.

Sec. 10. (a) An ordinance, order, or resolution passed by the legislative body is considered adopted when it is signed by the executive. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect. (b) An ordinance pr…

Sec. 10.2. Within a reasonable time after an ordinance of the legislative body is adopted, the clerk-treasurer shall record it in a book kept for that purpose. The record must include: (1) the signature of the executive; (2) the attestation of the clerk-treasurer; and (3) the dat…

Sec. 11. (a) Subject to IC 5-1-11.5 and IC 5-11-1-4(c), the legislative body may issue bonds for the purpose of procuring money to be used in the exercise of the powers of the town and for the payment of town debts. However, a town may not issue bonds to procure money to pay curr…

Sec. 12. (a) The legislative body may, by ordinance, make loans and issue notes for the purpose of refunding those loans in anticipation of revenues of the town that are anticipated to be levied and collected during the term of the loans. The term of a loan made under this subsec…

Sec. 13. The town executive must have the approval of a majority of the town council before the executive may discharge, reduce in grade under IC 36-8-3-4, or remove a town employee. As added by P.L.34-1999, SEC.4.

Sec. 2. The town council elected under IC 3-10-6 or IC 3-10-7 is the town legislative body. The president of the town council selected under section 7 of this chapter is the town executive. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.4. Am…

Sec. 3. (a) Except as provided in subsection (b), (c), (d), (e), (f), or (g), the term of office of a member of the legislative body is four (4) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified. (b…

Sec. 4.1. (a) The legislative body may, by ordinance, divide the town into districts for the purpose of conducting elections of town officers. (b) A town legislative body district must comply with the following standards: (1) The district must be composed of contiguous territory,…

Sec. 4.2. (a) This section applies to the alteration of the number of members of a legislative body. (b) The legislative body may adopt a resolution to submit a public question on the number of legislative body members to the voters of the town. The resolution must state the foll…

Sec. 4.5. (a) This section applies to a town if both of the following apply: (1) The town has a population of more than ten thousand (10,000). (2) The town legislative body adopts an ordinance adopting the provisions of this section. A town may not adopt an ordinance under this s…

Sec. 5. (a) The legislative body has: (1) one (1) member for each district established under: (A) IC 36-5-1-10.1; or (B) section 4.1 or 4.2 of this chapter; or (2) the number of members provided for when the town adopted an ordinance under section 4.1 of this chapter abolishing t…

Sec. 6. (a) A member of the legislative body must reside within: (1) the town 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. (b) A member of the legislative body who is electe…

Sec. 6.5. A vacancy on the legislative body is created whenever any of the following circumstances occur: (1) A member resigns. (2) A member dies. (3) A member ceases to be a resident of the town or district as set forth in section 6 of this chapter. As added by P.L.174-2002, SEC…

Sec. 7. The legislative body shall select one (1) of its members to be its president for a definite term, which may not exceed the member's term of office as a member of the legislative body. [Pre-Local Government Recodification Citations: 18-3-1-20 part; 18-3-1-35 part.] As adde…

Sec. 8. (a) The town clerk-treasurer is the clerk of the legislative body. (b) The clerk-treasurer is an ex officio member for the purpose of casting the deciding vote to break a tie. [Pre-Local Government Recodification Citations: 18-3-1-31 part; 18-3-1-35 part.] As added by Act…

Sec. 9. The legislative body may: (1) adopt ordinances and resolutions for the performance of functions of the town; (2) purchase, hold, and convey any interest in property, for the use of the town; and (3) adopt and use a common seal. [Pre-Local Government Recodification Citatio…

Sec. 9.2. A majority of all the elected members of the legislative body constitutes a quorum. As added by Acts 1980, P.L.73, SEC.14.