Ind. Code ch. 36-4-6

in effect

Ind. Code § 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.

Ind. Code § 36-4-6-1 Application of chapter

Sec. 1. This chapter applies to second and third class cities. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.42.

Ind. Code § 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. [Pre-Local Government Recodification Citations: 18-1-2-1 part; 18-1-2-1.5 part; 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part; 18-2-1-8 part.] As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.51; P.L.3-1987, SEC.557.

Ind. Code § 36-4-6-3 Second class cities; division into districts; boundaries; legislative body candidates; recertification of districts; filing with circuit court clerk; time for filing

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 (j), the division under subsection (b) shall be made only at times permitted under IC 3-5-10. (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 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. (k) 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 (j). (l) 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. (m) IC 3-5-10 applies to a plan established under this section. [Pre-Local Government Recodification Citations: 18-2-1-8 part; 18-2-9-1.] 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; P.L.169-2022, SEC.15.

Ind. Code § 36-4-6-4 Third class cities; division into districts; boundaries; voting; recertification of districts; filing with circuit court clerk; time for filing

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 (o), the division under subsection (b), (j), or (m) shall be made only at times permitted under IC 3-5-10. (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 (o). (o) 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. (p) 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. (q) IC 3-5-10 applies to a plan established under this section. [Pre-Local Government Recodification Citations: 18-2-1-8 part; 18-2-12-1 part.] 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; P.L.169-2022, SEC.16.

Ind. Code § 36-4-6-5 Third class cities having populations of less than 10,000; division into districts; boundaries; voting for legislative body candidates; recertification of districts; filing with circuit court clerk; time for filing

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 (o), the division under subsection (b) or (j) shall be made only at times permitted under IC 3-5-10. (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 (o). (o) 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. (p) 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. (q) IC 3-5-10 applies to a plan established under this section. [Pre-Local Government Recodification Citation: 18-2-1-8 part.] 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; P.L.169-2022, SEC.17.

Ind. Code § 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 the member is unable to perform the duties of the member's 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 the member's seat. [Pre-Local Government Recodification Citation: 18-1-3-5.] As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.127.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-3-2 part.] As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.169-2006, SEC.52.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-3-3.] 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.

Ind. Code § 36-4-6-9 Clerk; duties; second class cities posting roll call votes on Internet web site

Sec. 9. The city clerk is the clerk of the legislative body. The city clerk shall do the following: (1) Preserve the legislative body's records in the clerk's 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. (6) Record ordinances under section 17 of this chapter. (7) This subdivision applies only to a second class city that maintains an Internet web site. The city clerk shall post on the city's Internet web site the roll call votes of the legislative body not later than three (3) business days after the following: (A) The date the roll call vote is taken if the city's software is able to generate a roll call vote. (B) If the city's software is not able to generate a roll call vote, the date the legislative body is first able to approve the minutes of the meeting at which the roll call vote was taken. The city clerk shall maintain the roll call vote information on the Internet web site for a period of four (4) years. [Pre-Local Government Recodification Citations: 18-1-3-4; 18-1-6-3 part.] As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.128; P.L.204-2017, SEC.4.

Ind. Code § 36-4-6-10 Quorum

Sec. 10. A majority of all the elected members of the legislative body constitutes a quorum. [Pre-Local Government Recodification Citation: 18-1-3-2 part.] As added by Acts 1980, P.L.212, SEC.3.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-3-2 part.] As added by Acts 1980, P.L.212, SEC.3.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-3-2 part.] As added by Acts 1980, P.L.212, SEC.3.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-3-6 part.] 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.

Ind. Code § 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 one hundred eighty (180) 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. [Pre-Local Government Recodification Citation: 18-1-3-6 part.] 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; P.L.73-2026, SEC.11.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-3-6 part.] As added by Acts 1980, P.L.212, SEC.3.

Ind. Code § 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 the city executive, the city executive shall: (1) approve the ordinance, order, or resolution, by entering the executive's approval on it, signing it, and sending the legislative body a message announcing the executive's approval; or (2) veto the ordinance, order, or resolution, by returning it to the legislative body with a message announcing the executive's veto and stating the executive's 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 the executive's duty under subsection (a), the ordinance, order, or resolution is considered vetoed. (c) Whenever an ordinance, order, or resolution is vetoed by the 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 the executive's veto by a two-thirds (2/3) vote. [Pre-Local Government Recodification Citations: 18-1-3-6 part; 18-1-6-2 part.] As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.129.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-3-6 part.] As added by Acts 1980, P.L.212, SEC.3.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-3-6 part.] As added by Acts 1980, P.L.212, SEC.3.

Ind. Code § 36-4-6-19 Loans and issuance of bonds; requirements

Sec. 19. (a) The legislative body may, by ordinance, make loans of money 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 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. [Pre-Local Government Recodification Citation: 18-1-4-3 part.] As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.173-2003, SEC.26; P.L.184-2015, SEC.16; P.L.244-2017, SEC.127.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-1-4-3 part.] 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.

Ind. Code § 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, superior court, or probate 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. [Pre-Local Government Recodification Citation: 18-1-4-2 part.] 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; P.L.84-2016, SEC.174.

Ind. Code § 36-4-6-22 Repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.] As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.

Ind. Code § 36-4-6-23 Repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.] As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.

Ind. Code § 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. [Pre-Local Government Recodification Citation: 18-2-3.5-1.] As added by Acts 1980, P.L.212, SEC.3.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026