Title 36, LOCAL GOVERNMENT

Sec. 0.1. The amendments made to sections 12 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, adop…

Sec. 1. This chapter applies to each consolidated city and its county. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.2.

Sec. 10. (a) A requirement that an ordinance or resolution of a 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 or resolution of a legislative body be passed by a two-thirds (2/3) vote me…

Sec. 11. (a) A majority vote of a legislative body is required to pass an ordinance or resolution, unless a greater vote is required by statute. (b) Any two (2) or more ordinances or resolutions may be jointly passed by the same vote of a legislative body. [Pre-Local Government R…

Sec. 12. (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 a legislative body on the same day or at the same meeting at which it is introduced. (b) Subsection (a) d…

Sec. 13. (a) The city-county legislative body need not hold a hearing before passing any ordinance, except an ordinance that: (1) provides for the annual budget and tax levy; (2) appropriates previously unappropriated monies; or (3) provides for any general obligation indebtednes…

Sec. 14. (a) An ordinance or resolution passed by a legislative body is considered adopted when it is: (1) signed by the presiding officer; and (2) if subject to veto, either approved by the executive or passed over the executive's veto by the legislative body, under section 16 o…

Sec. 15. After an ordinance or resolution subject to veto has been passed by the city-county legislative body and signed by the presiding officer, the clerk shall present it to the executive, noting on it the time of both the passage and the presentation. [Pre-Local Government Re…

Sec. 16. (a) Within ten (10) days after an ordinance or resolution is presented to the executive, the executive shall: (1) approve the ordinance or resolution, by entering the executive's approval on it, signing it, and sending the legislative body a message announcing the execut…

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 …

Sec. 18. (a) The city-county legislative body may pass ordinances and resolutions for the government of the consolidated city and the county. The legislative body: (1) alone may approve budgets, levy taxes, and make appropriations for the consolidated city, its departments, and i…

Sec. 19. (a) The city-county legislative body shall perform the duties and may exercise the powers prescribed by statute for: (1) the common council of a first class city; or (2) the county council of the county. (b) The city-county legislative body may exercise any power prescri…

Sec. 2. (a) A city-county council, which is the legislative body of both the consolidated city and the county, shall be elected under IC 3-10-6 by the voters of the county. The city-county council consists of twenty-five (25) members. (b) To be eligible to serve as a member of th…

Sec. 20. The city-county legislative body shall make all appointments required by statute to be made by it or by: (1) the common council of a first class city; or (2) the county council of the county. [Pre-Local Government Recodification Citations: 18-4-3-14 part; 18-4-4-9(2).] A…

Sec. 21. (a) The city-county legislative body may, by ordinance, make loans of money for the consolidated city and, subject to IC 5-1-11.5 and IC 5-11-1-4(c), issue bonds for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be…

Sec. 22. (a) The city-county legislative body may, by ordinance, make temporary loans in anticipation of current revenues of the consolidated city that have been levied and are being collected for the fiscal year in which the loans are made. Loans under this subsection shall be m…

Sec. 23. (a) The city-county legislative body may, by ordinance: (1) create or terminate departments, divisions, offices, community councils, and other agencies of the consolidated city; and (2) transfer to or from those agencies any powers, duties, functions, or obligations. (b)…

Sec. 24. (a) For each department of the consolidated city, the city-county legislative body shall establish a standing committee, having at least three (3) members, to investigate the policies and expenditures of the department. (b) The legislative body or its committee may: (1) …

Sec. 3. (a) The city-county legislative body shall, by ordinance, divide the whole county into twenty-five (25) districts that: (1) are compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes); (2) …

Sec. 3.5. (a) If any territory in any county is not included in one (1) of the districts established under section 3 of this chapter, the territory is included in the district that: (1) is contiguous to that territory; and (2) contains the least population of all districts contig…

Sec. 4. The city-county legislative body may: (1) expel any member for violation of an official duty; (2) declare the seat of any member vacant if the member is unable or fails to perform the duties of the member's office; and (3) adopt its own rules to govern proceedings under t…

Sec. 5. (a) Each special service district of the consolidated city has a special service district council, which is the legislative body of the special service district, but only for the purposes prescribed by section 18(b) of this chapter. (b) A special service district legislat…

Sec. 6. (a) The city-county legislative body shall hold regular meetings at least once a month, at times and places prescribed by its rules or established by resolution. A special service district legislative body shall meet as required by IC 36-3-6. (b) A special meeting of a le…

Sec. 7. At its regular meeting in January each year, the city-county legislative body shall elect a president and other officers as it sees fit. [Pre-Local Government Recodification Citation: 18-4-5-1(h).] As added by Acts 1980, P.L.212, SEC.2.

Sec. 8. (a) The city-county legislative body shall appoint a clerk for a term of one (1) year. The clerk serves at the pleasure of the legislative body and continues in office until the clerk's successor is appointed and qualified. (b) The clerk is the clerk of the consolidated c…

Sec. 8.5. (a) A clerk may hire or contract with competent attorneys or legal research assistants on terms the clerk considers appropriate. (b) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual bu…

Sec. 9. A majority of all the elected members of a legislative body constitutes a quorum. [Pre-Local Government Recodification Citation: 18-4-5-1(f) part.] As added by Acts 1980, P.L.212, SEC.2.

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

Sec. 2. (a) The powers of a city are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of a city's government may not be exercised by the other branch. (b) Subject to IC 3-5-9, a city employee other than an elected or ap…

Sec. 3. (a) All powers and duties of a city that are executive or administrative in nature shall be exercised or performed by the city executive, another city officer, or a city department. (b) An ordinance of the city legislative body requiring an executive or administrative fun…

Sec. 4. (a) The legislative power of a city is vested in its legislative body. All powers and duties of a city that are legislative in nature shall be exercised or performed by its legislative body. The legislative body of a city may not elect or appoint a person to any office or…

Sec. 5. (a) If uncertainty exists or a dispute arises concerning the executive or legislative nature of a power or duty exercised or proposed to be exercised by a branch, officer, department, or agency of the government of a municipality, a petition may be filed in the circuit co…

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. Each town officer shall deliver town records and property in the town officer's custody to the town officer's successor in office when that successor qualifies. [Pre-Local Government Recodification Citation: 18-3-1-29.] As added by Acts 1980, P.L.212, SEC.4. Amended by P…

Sec. 11. The town executive may revoke or suspend any license issued by the town if the person holding the license has violated the terms or conditions of the license or of the law under which it was issued. [Pre-Local Government Recodification Citation: 18-1-20-3 part.] As added…

Sec. 12. (a) The legislative body of a town may adopt an ordinance allowing money to be disbursed under this section for lawful town purposes. (b) Notwithstanding IC 5-11-10, with the prior written approval of the board having jurisdiction over allowance of the claim, a town fisc…

Sec. 13. (a) Except as provided in subsection (c), this subsection applies to a town with a population of five hundred (500) or less. Notwithstanding the provisions of any other statute, a town may transfer money from any town fund to another town fund after the passage of an ord…

Sec. 14. Each town agency, board, commission, district, or other town entity shall file one (1) copy of that agency's, board's, commission's, district's, or entity's financial records with the town fiscal officer. As added by P.L.98-2000, SEC.23.

Sec. 2. Unless a statute provides otherwise, town monies may be disbursed only after an appropriation made by ordinance of the town legislative body and recorded in a book kept for that purpose by the legislative body. Each appropriation must be made from the fund against which t…

Sec. 3. (a) The town legislative body or a board of the town may order the issuance of warrants for payment of money by the town only at a meeting of the legislative body or board. (b) A town officer who violates this section forfeits the town officer's office. [Pre-Local Governm…

Sec. 4. (a) Except as provided in section 12 of this chapter, the town legislative body or a board of the town may allow a claim: (1) only at a meeting of the legislative body or board; and (2) only if the claim was filed in the manner prescribed by IC 5-11-10-2 at least five (5)…

Sec. 6. (a) As used in this section, "claim" means a bill or an invoice submitted for goods or services. (b) Except as provided in section 12 of this chapter, a warrant for payment of a claim against a town may be issued only if the claim is: (1) supported by a fully itemized inv…

Sec. 7. One (1) to three (3) days before the vacation leave period of a town officer or employee begins, the town may pay the officer or employee the amount of compensation the officer or employee will earn while on vacation leave. [Pre-Local Government Recodification Citation: 5…

Sec. 1. This chapter applies to all townships. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.5.

Sec. 10. On the first Monday of each August the executive shall post, in a conspicuous place near the executive's office, a verified statement showing the indebtedness of the township in detail and giving the number and total amount of outstanding orders, warrants, and accounts. …

amounts Sec. 11. (a) At the township legislative body's annual meeting under IC 36-6-6-11, the executive shall: (1) present an itemized written statement of the estimated expenditures for which appropriations are requested, specifying: (A) the number of teachers employed; (B) the…