reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-2-b. City Clerk or City Clerk-Treasurer; Election; Fiscal Officer; Term of Office; Immunity

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 2. (a) A city clerk shall be elected under IC 3-10-6 by the voters of each second class city, and a city clerk-treasurer shall be elected under IC 3-10-6 by the voters of each third class city.
(b) The city clerk or clerk-treasurer is the clerk of each city.
(c) The city controller appointed under IC 36-4-9-6 is the fiscal officer of each second class city, and the city clerk-treasurer is the fiscal officer of each third class city.
(d) Except as provided in IC 5-11, the city controller of a second class city is not liable, in an individual capacity, for any act or omission occurring in connection with the performance of the city controller's duty as fiscal officer of the second class city, unless the act or omission constitutes gross negligence or an intentional disregard of the controller's duty.
(e) The term of office of a city clerk or clerk-treasurer 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; 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part; 18-2-6-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.51; P.L.5-1986, SEC.52; P.L.67-2002, SEC.5; P.L.58-2023, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-2.5. Office Space Provided

Sec. 2.5. If office space exists in a building owned or leased by the city, the city executive and legislative body shall provide office space for:
(1) the clerk or clerk-treasurer; and
(2) the staff and records of the clerk or clerk-treasurer.
As added by P.L.69-1995, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-3. Clerk; Eligibility; Residence

Sec. 3. (a) A person is eligible to be the clerk only if the person meets the qualifications prescribed by IC 3-8-1-28.
(b) Residency in territory that is annexed by the city before the election is considered residency for the purposes of subsection (a), even if the annexation takes effect less than one (1) year before the election.
(c) The clerk must reside within the city as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The clerk forfeits office if the clerk ceases to be a resident of the city.
[Pre-Local Government Recodification Citation: 18-1-2-1.5 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.11, SEC.164; P.L.5-1986, SEC.53; P.L.3-1987, SEC.558.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-4. Clerk; Duties

Sec. 4. The clerk shall do the following:
(1) Serve as clerk of the city legislative body under IC 36-4-6-9 and maintain custody of its records.
(2) Maintain all records required by law.
(3) Keep the city seal.
(4) As soon as a successor is elected and qualified, deliver to the successor all the records and property of the clerk's office.
(5) Perform other duties prescribed by law.
(6) Administer oaths when necessary in the discharge of the clerk's duties, without charging a fee.
(7) Take depositions, without charging a fee.
(8) Take acknowledgement of instruments that are required by statute to be acknowledged, without charging a fee.
(9) Serve as clerk of the city court under IC 33-35-3-2, if the judge of the court does not serve as clerk of the court or appoint a clerk of the court under IC 33-35-3-1.
[Pre-Local Government Recodification Citation: 18-1-6-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.36-1986, SEC.3; P.L.189-1988, SEC.1; P.L.33-1998, SEC.9; P.L.98-2004, SEC.160.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-4.5. Third Class Cities; Fiscal Officer; Duties

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 4.5. (a) This section applies to third class cities.
(b) The fiscal officer is the head of the city department of finance. The fiscal officer shall do the following:
(1) Receive and care for all city money and pay the money out only on order of the approving body.
(2) Keep accounts showing when and from what sources the fiscal officer has received city money and when and to whom the fiscal officer has paid out city money.
(3) Prescribe payroll and account forms for all city offices.
(4) Prescribe the manner in which creditors, officers, and employees shall be paid.
(5) Manage the finances and accounts of the city and make investments of city money.
(6) Prepare for the legislative body the budget estimates of miscellaneous revenue, financial statements, and the proposed tax rate.
(7) Issue all licenses authorized by statute and collect the fees fixed by ordinance.
(8) Serve as clerk of the board of public works by attending meetings, preparing agendas, and recording proceedings.
(9) Perform all other duties prescribed by statute.
(c) A fiscal officer is not liable in an individual capacity for an act or omission occurring in connection with the performance of the duties prescribed by subsection (b), unless the act or omission constitutes gross negligence or an intentional disregard of the fiscal officer’s duties.
As added by P.L.189-1988, SEC.2. Amended by P.L.35-1999, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-4.5-b. Third Class Cities; Fiscal Officer; Duties

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 4.5. (a) This section applies to third class cities.
(b) The fiscal officer is the head of the city department of finance. The fiscal officer shall do the following:
(1) Receive and care for all city money and pay the money out only on order of the approving body.
(2) Keep accounts showing when and from what sources the fiscal officer has received city money and when and to whom the fiscal officer has paid out city money.
(3) Prescribe payroll and account forms for all city offices.
(4) Prescribe the manner in which creditors, officers, and employees shall be paid.
(5) Manage the finances and accounts of the city and make investments of city money.
(6) Prepare for the legislative body the budget estimates of miscellaneous revenue, financial statements, and the proposed tax rate.
(7) Issue all licenses authorized by statute and collect the fees fixed by ordinance.
(8) Serve as clerk of the board of public works by attending meetings, preparing agendas, and recording proceedings.
(9) Perform all other duties prescribed by statute.
(c) Except as provided in IC 5-11, a fiscal officer is not liable in an individual capacity for an act or omission occurring in connection with the performance of the duties prescribed by subsection (b), unless the act or omission constitutes gross negligence or an intentional disregard of the fiscal officer's duties.
As added by P.L.189-1988, SEC.2. Amended by P.L.35-1999, SEC.6; P.L.58-2023, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-5. Second Class Cities; Fiscal Officer; Duties

Sec. 5. (a) This section applies to second class cities.
(b) The fiscal officer is the head of the city department of finance. The fiscal officer shall do the following:
(1) Prescribe the form of reports and accounts to be submitted to the department.
(2) Sign and issue all warrants on the city treasury.
(3) Audit and revise all accounts and trusts in which the city is concerned.
(4) Keep separate accounts for each item of appropriation made for each city department, including a statement showing the amount drawn on each appropriation, the unpaid contracts charged against it, and the balance remaining.
(5) At the end of each fiscal year, submit under oath to the city legislative body a report of the accounts of the city published in pamphlet form and showing revenues, receipts, expenditures, and the sources of revenues.
(6) Maintain custody of the records of the department and turn them over to the fiscal officer's successor in office.
(7) Perform duties prescribed by statute concerning the negotiation of city bonds, notes, and warrants.
(8) Keep a register of bonds of the city and of transfers of those bonds.
(9) Manage the finances and accounts of the city and make investments of city money, subject to the ordinances of the legislative body.
(10) Issue city licenses on payment of the license fee.
(11) Collect fees as fixed by ordinance.
(12) Pay into the city treasury, once each week, all fees and other city money collected by the department during the preceding week, specifying the source of each item.
(13) Prescribe payroll and account forms for all city offices.
(14) Prescribe the manner in which salaries shall be drawn.
(15) Prescribe the manner in which creditors, officers, and employees shall be paid.
(16) Provide that all salaries are payable monthly, unless the legislative body establishes more frequent payments.
(17) Notify the city executive of the failure of any city officer to collect money due the city or to pay city money into the city treasury.
(18) Draw warrants on the city treasury for miscellaneous city expenditures not made under the direction of a department and not specifically fixed by statute.
[Pre-Local Government Recodification Citations: 18-1-6-10 part; 18-1-6-11 part; 18-1-6-12 part; 18-2-1-11 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.189-1988, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-5.5. Employment of Attorneys or Legal Research Assistants

Sec. 5.5. (a) A clerk or clerk-treasurer may hire or contract with competent attorneys or legal research assistants on terms the clerk or clerk-treasurer considers appropriate.
(b) Employment of an attorney under this section does not affect a city department of law established under IC 36-4-9-4.
(c) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget and must be allocated to the clerk or clerk-treasurer for the payment of attorney's and legal research assistant's salaries.
As added by P.L.69-1995, SEC.9. Amended by P.L.34-1999, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-6. Repealed

[Pre-Local Government Recodification Citations: 18-2-6-1 part; 18-2-6-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.1, SEC.57; P.L.57-1986, SEC.4; P.L.12-1992, SEC.160. Repealed by P.L.173-2003, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-7. Third Class Cities; Clerk's Deputies and Employees

Sec. 7. (a) This section applies to third class cities.
(b) The clerk shall appoint the number of deputies and employees needed for the effective operation of the office, with the approval of the city legislative body. The clerk's deputies and employees serve at the clerk's pleasure.
(c) If a city owns a utility and the clerk is directly responsible for the billing and collection of that utility's rates and charges, the clerk shall appoint those employees who are also responsible for that billing and collection. These employees serve at the clerk's pleasure.
(d) Whenever the city court judge does not serve as clerk of the city court or appoint a clerk to serve as clerk of the city court under IC 33-35-3-1, the clerk shall serve as clerk of the city court.
As added by P.L.189-1988, SEC.4. Amended by P.L.33-1998, SEC.10; P.L.98-2004, SEC.161.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-8. Training Requirements

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 8. (a) As used in this section, "training courses" refers to training courses, workshops, training institutes authorized by IC 5-11-14, formal academies, special seminars, and other in-service training related to an office described in section 2 of this chapter that are developed or offered under the rubric of a generally accepted professional association, association of governments or a state agency or department, or public university or affiliated center.
(b) An individual elected or appointed to an office described in section 2 of this chapter on or after November 5, 2019, shall complete at least:
(1) fourteen (14) hours of training courses within one (1) year; and
(2) thirty-six (36) hours of training courses within three (3) years;
after the individual is elected or appointed to an office described in section 2 of this chapter.
(c) A training course that an individual completes:
(1) after being elected or appointed to an office described in section 2 of this chapter; and
(2) before the individual begins serving in an office described in section 2 of this chapter;
shall be counted toward the requirements under subsection (b).
(d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected or appointed to an office described in section 2 of this chapter.
(e) This subsection applies only to an individual appointed to fill a vacancy in an office described in section 2 of this chapter. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an office described in section 2 of this chapter, the city shall pay for the training course as if the individual had been elected or appointed to an office described in section 2 of this chapter.
(f) The:
(1) city executive;
(2) city legislative body; and
(3) individual who holds the office described in section 2 of this chapter;
shall use all reasonable means to ensure that the individual who holds the office described in section 2 of this chapter complies with the training requirements established by this section.
(g) The individual who holds the office described in section 2 of this chapter shall maintain written documentation of the training courses that the individual completes toward the requirements of this section.
(h) If a city reorganizes under IC 36-1.5, the individual who performs the functions of an office described in section 2 of this chapter for the city shall comply with the training requirements established by this section for the reorganized political subdivision.
As added by P.L.257-2019, SEC.113.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 10. City Clerk and Fiscal Officer › 36-4-10-9. Clerk or Clerk-Treasurer Unable to Perform Fiscal Responsibilities

Effective 1-1-2024.
Sec. 9. If the clerk or clerk-treasurer is unable to perform the fiscal requirements of the clerk's or clerk-treasurer's position, the city shall hire or contract with a qualified certified public accountant to:
(1) provide guidance to the clerk or clerk-treasurer regarding the performance of the clerk or clerk-treasurer's responsibilities; or
(2) perform the clerk or clerk-treasurer's fiscal responsibilities.
The clerk or clerk-treasurer is considered to be unable to perform the fiscal requirements of the clerk's or clerk-treasurer's position if the city is declared unauditable under IC 5-11-1-9(b).
As added by P.L.58-2023, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 11. City Deputies and Employees › 36-4-11-1. 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.52.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 11. City Deputies and Employees › 36-4-11-2. Appointments by City Executive; Exceptions; Suspension or Removal; Appointees Serving Remainder of Unexpired Term

Sec. 2. (a) The city executive shall make the appointments prescribed by law. If an emergency requires additional employees for a city office, board, commission, department, institution, or utility, the executive may also appoint those employees.
(b) This subsection does not apply to appointments made under IC 20. An executive may not make an appointment between midnight December 31 and noon January 1 of the last year of the executive's final term of office.
(c) This subsection does not apply to appointments made under IC 20. The executive may remove from office a board or commission member appointed by a prior executive if the appointment was made on or after the date of the general election and:
(1) the prior executive was a candidate for nomination as a party's candidate for election to the office of executive at the primary election held during the last year of the prior executive's term of office and the prior executive was not nominated at that election; or
(2) the prior executive was a candidate for another term of office as executive at the general election held during the last year of the prior executive's term of office and the prior executive was not elected to another term of office at that election;
and if the executive notifies the appointee of the removal and sends a written statement of the reasons for the removal to the city legislative body.
(d) The executive may suspend or remove from office any officers, deputies, or other employees of the city appointed by the executive or a prior executive, by notifying them to that effect and sending a written statement of the reasons for the suspension or removal to the city legislative body.
(e) A person appointed by the executive to fill a vacancy caused by a removal under subsection (c) serves the remainder of the unexpired term of the appointee removed from office under subsection (c).
(f) Notwithstanding any other law, if the term of a member of a board who was appointed by the executive expires and the executive does not make an appointment to fill the vacancy, the member may continue to serve on the board for only sixty (60) days after the expiration date of the member's term.
[Pre-Local Government Recodification Citations: 18-1-6-2 part; 18-2-1-9 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.185-1988, SEC.3; P.L.68-1996, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 11. City Deputies and Employees › 36-4-11-3. Departments; Appointment of Deputies and Other Employees; Dismissal

Sec. 3. A department may appoint deputies and other employees at its pleasure, unless a statute provides otherwise. A department may dismiss deputies and other employees, but if thirty (30) days have passed since the department head was appointed, the department head must file with the city clerk a written statement of the reasons for dismissing any employee other than:
(1) a deputy; or
(2) a foreman, inspector, or laborer temporarily employed by the department of public works.
[Pre-Local Government Recodification Citation: 18-1-6-4 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.138.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 11. City Deputies and Employees › 36-4-11-4. City Clerk; Appointment of Deputies and Employees

Sec. 4. The city clerk may appoint the number of deputies and employees authorized by the city legislative body. The clerk's deputies and employees serve at the clerk's pleasure.
[Pre-Local Government Recodification Citations: 18-2-5-1 part; 18-2-7-1 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.139.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 11. City Deputies and Employees › 36-4-11-5. Second Class Cities; City Fiscal Officer; Appointment of Deputy

Sec. 5. (a) This section applies only to second class cities.
(b) The city legislative body may, by ordinance, authorize the city fiscal officer to appoint a deputy. The fiscal officer is responsible for the official acts of the fiscal officer's deputy.
[Pre-Local Government Recodification Citation: 18-1-6-12 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.140.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-2. Creation of City Manager Position

Sec. 2. (a) A third class city may employ a nonpartisan city manager to be the administrative head of the city government. To employ a city manager, the executive must initiate an ordinance and the city legislative body must adopt an ordinance creating the city manager position. An ordinance creating the city manager position must state the powers and duties to be assumed by the city manager.
(b) If the city legislative body adopts an ordinance under this chapter to employ a city manager, the city legislative body may adopt an ordinance to permit the executive to perform the duties of the executive on a part-time basis.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-3. Terms of Employment and Compensation

Sec. 3. The city manager may be employed to serve at the pleasure of the executive who may submit to the city legislative body for approval under IC 36-4-7-3 the city manager's compensation and terms of employment.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-4. Legislative Body Members Barred From Position

Sec. 4. The city legislative body may not employ a member of the legislative body as the city manager. A former member of the city legislative body may not be employed as the city manager for a period of two (2) years after leaving office.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-5. Qualifications

Sec. 5. A city may hire a city manager solely on the basis of the applicant's administrative and educational qualifications. The city shall give special deference to actual experience in or knowledge of accepted practices in the field of municipal management.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-6. Political Activity

Sec. 6. A city manager may not campaign for or against a candidate for the city legislative body and may not participate in partisan political activities that would impair the city manager's performance as a professional administrator.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-8. Performance Bond

Sec. 8. The city manager shall execute a bond for the faithful performance of the city manager's duties in the manner prescribed by IC 5-4-1.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-9. Acting Manager

Sec. 9. The executive may appoint a qualified person to perform the duties of the city manager whenever the city manager is absent or unable to perform the city manager's duties.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-10. Powers and Duties

Sec. 10. The city manager, under the direction of the executive, is responsible for the administrative duties of the city. The powers and duties of the city manager must be stated in the ordinance creating the city manager position. The city manager's powers and duties may include:
(1) attending the meetings of the legislative body and recommending actions the city manager considers advisable;
(2) hiring city employees according to the pay schedules and standards fixed by the legislative body or by statute;
(3) suspending, discharging, removing, or transferring city employees;
(4) delegating any of the city manager's powers to an employee responsible to the city manager;
(5) administering and enforcing all ordinances, orders, and resolutions of the legislative body;
(6) ensuring that all statutes that are required to be administered by the legislative body or a city employee subject to the control of the legislative body are faithfully administered;
(7) preparing budget estimates and submitting them to the legislative body when required;
(8) executing contracts on behalf of the city for materials, supplies, services, or improvements after the completion of the appropriations, notice, and competitive bidding required by statute;
(9) receiving service of summons on behalf of the city;
(10) administering the city's economic development plans and projects;
(11) advising the executive, city legislative body, and public on the conduct of city affairs;
(12) making recommendations on policy formulation;
(13) recommending and executing city improvements;
(14) serving on the board of public works and safety; and
(15) other powers and duties determined to be advisable by the executive and legislative body.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-11. Police and Fire Disciplinary Body Membership Barred

Sec. 11. The city manager may not serve as a member of any body that hears disciplinary charges against:
(1) the city police chief;
(2) a member of the city police department;
(3) the city fire chief; or
(4) a member of the city fire department.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 12. City Managers for Third Class Cities › 36-4-12-12. Bonds, Notes, or Warrants; Prohibition

Sec. 12. The city legislative body may not authorize the city manager to issue or execute bonds, notes, or warrants of the city.
As added by P.L.10-1997, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 13. Legislative Body Youth Adviser › 36-4-13-1. Appointment of Youth Adviser

Sec. 1. The presiding officer of the legislative body of a municipality may appoint an individual who is not more than eighteen (18) years of age to serve as an adviser to the legislative body on matters affecting youth in the community.
As added by P.L.69-2008, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-1. Application of Chapter

Sec. 1. This chapter applies to all towns except an included town (as defined in IC 36-3-1-7).
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1989, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-2. Requirements of Petition to Incorporate Town

Sec. 2. (a) Proceedings to incorporate a town may be instituted by filing a written petition in quadruplicate with the executive of the county that contains all or a majority of the territory sought to be incorporated. The petition must be signed by at least ten percent (10%) of the owners of land in the territory and must state the following:
(1) The territory is used or will, in the reasonably foreseeable future, be used generally for commercial, industrial, residential, or similar purposes.
(2) The territory is reasonably compact and contiguous.
(3) There is enough undeveloped land in the territory to permit reasonable growth of the town.
(4) Incorporation is in the best interests of the citizens of the territory.
(5) The name, telephone number, and electronic mail address (if available) of the contact person for the petitioners.
(6) If the petitioners want the incorporation to be approved by a public question at a special election, that the petitioners agree to pay the costs of the special election.
(b) The signatures of the petitioners must be verified, and the verification must include a statement that the petitioners are owners of land in the territory sought to be incorporated.
(c) In determining the number of petitioners, not more than one (1) person having an interest in a single parcel of land may be counted, and a person owning more than one (1) parcel of land in the area may be counted only once.
(d) The petition filed under subsection (a) must be accompanied by the ordinance of any city required to consent to the incorporation under section 7 of this chapter.
[Pre-Local Government Recodification Citation: 18-3-1-4.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.195-1984, SEC.1; P.L.86-1999, SEC.1; P.L.147-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-3. Items to Accompany Petition

Sec. 3. A petition for incorporation must be accompanied by the following items to be supplied at the expense of the petitioners:
(1) A survey, certified by a professional surveyor registered under IC 25-21.5, showing the boundaries of and quantity of land contained in the territory sought to be incorporated.
(2) An enumeration of the territory's residents and landowners and their mailing addresses, completed not more than thirty (30) days before the time of filing of the petition and verified by the persons supplying it.
(3) A statement of the assessed valuation of all real property within the territory, certified by the township assessor of the township in which the territory is located, or the county assessor if there is no township assessor for the township.
(4) A statement of the services to be provided to the residents of the proposed town and the approximate times at which they are to be established.
(5) A statement of the estimated cost of the services to be provided and the proposed tax rate for the town.
(6) The name to be given to the proposed town.
[Pre-Local Government Recodification Citation: 18-3-1-5.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.241-1999, SEC.3; P.L.219-2007, SEC.115; P.L.146-2008, SEC.707; P.L.57-2013, SEC.96.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-4. Sufficiency of Petition; Plan Commission Recommendations

Sec. 4. (a) On receipt of a petition for incorporation, the county executive shall examine the petition to see that the petition meets the requirements of sections 2 and 3 of this chapter. If the county executive rejects the petition, the county executive shall set forth in writing and with specificity the manner in which the petition fails to meet the requirements of sections 2 and 3 of this chapter. If the petition is in order, the executive shall mark it with the date of filing and immediately forward one (1) copy to the plan commission, if any, having jurisdiction.
(b) The commission shall investigate the proposed incorporation and report their recommendations of approval or disapproval to the county executive at least ten (10) days before the hearing required by section 5 of this chapter. In making their investigations, they may use the services of any state or local government agency, and in making their report and recommendations, they shall be guided by the requirements for incorporation set out in section 8 of this chapter.
[Pre-Local Government Recodification Citation: 18-3-1-6.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.24-1995, SEC.25; P.L.147-2013, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-5. Public Hearing on Petition; Notice

Sec. 5. The county executive shall hold a public hearing on a petition for incorporation not less than sixty (60) nor more than ninety (90) days after the date of the filing of the petition, and shall require the petitioners to send notice of the hearing by certified mail to:
(1) the residents and landowners of the territory as listed in the petition;
(2) the legislative body of each municipality having any corporate boundary within three (3) miles of the perimeter of the proposed new town;
(3) the executive of any other county in which a part of the proposed new town is located; and
(4) the executive of a township in which all or a part of the proposed new town is located.
[Pre-Local Government Recodification Citation: 18-3-1-7.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-6. Parties Entitled to Be Heard; Remonstrance; Dismissal of Petition

Sec. 6. The recipients of the notice required by section 5 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for incorporation shall be dismissed if at any time during the incorporation proceedings, including an appeal, the county executive or a court hearing an appeal is presented with a verified remonstrance against incorporation, signed by at least:
(1) fifty-one percent (51%) of the owners of a fee simple interest in real property in the affected territory; or
(2) the owners of seventy-five percent (75%), in assessed valuation, of the real property in the affected territory.
The executive or court may determine the validity of the remonstrance by submitting it to the county auditor for verification.
[Pre-Local Government Recodification Citation: 18-3-1-8 part.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-7. Petition to Incorporate Town Within Certain Distance of City Boundaries

Sec. 7. (a) The petitioners must obtain the consent by ordinance of the legislative body of a consolidated city before incorporating a town if any part of the proposed town is within four (4) miles of the corporate boundaries of the city. The legislative body of the consolidated city shall:
(1) consent to the incorporation; or
(2) deny consent to the incorporation;
not later than ninety (90) days after the legislative body receives the petitioners' written request. If the legislative body fails to act not later than ninety (90) days after the legislative body receives the petitioners' written request, the legislative body is considered to have consented to the petitioners' request for incorporation.
(b) The petitioners must obtain the consent by ordinance of the legislative body of a second or third class city before incorporating a town if any part of the proposed town is within three (3) miles of the corporate boundaries of the city. The legislative body of the city shall:
(1) consent to the incorporation; or
(2) deny consent to the incorporation;
not later than ninety (90) days after the legislative body receives the petitioners' written request. If the legislative body fails to act not later than ninety (90) days after the legislative body receives the petitioners' written request, the legislative body is considered to have consented to the petitioners' request for incorporation.
(c) Subsection (b) does not apply to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
[Pre-Local Government Recodification Citation: 18-3-1-9.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1982, P.L.1, SEC.58; P.L.195-1984, SEC.2; P.L.5-1988, SEC.212; P.L.12-1992, SEC.161; P.L.147-2013, SEC.3; P.L.11-2023, SEC.116.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-7.1. Exemption From City Consent Requirements

Sec. 7.1. The petitioners in a county having a population of more than seventy-nine thousand (79,000) and less than eighty thousand (80,000) are exempt from:
(1) the requirements of section 7(a) of this chapter; and
(2) the requirements of section 7(b) of this chapter if the second or third class city is within a county containing a consolidated city.
As added by Acts 1982, P.L.210, SEC.1. Amended by P.L.12-1992, SEC.162; P.L.170-2002, SEC.145; P.L.119-2012, SEC.191; P.L.147-2013, SEC.4; P.L.104-2022, SEC.163.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-9. Denied Petition; Resubmittal

Sec. 9. This section applies only to a petition filed after June 30, 2013. A petition for incorporation may not be refiled within two (2) years after the date:
(1) the petition was denied under section 8(b)(2) of this chapter; or
(2) of the election at which a majority of voters voting on the public question vote "no" under section 8 of this chapter.
[Pre-Local Government Recodification Citation: 18-3-1-8 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.147-2013, SEC.6; P.L.5-2015, SEC.66.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-10. Repealed

[Pre-Local Government Recodification Citations: 18-3-1-3; 18-3-1-11 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.12. Repealed by Acts 1980, P.L.2, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-10.1. Adoption of Ordinance Incorporating Town; Required Provisions to Conduct Elections; Territory Not Included in Any District or in More Than One District; Effective Date of Ordinance

Sec. 10.1. (a) If a majority of the voters voting on the public question under section 8 of this chapter vote "yes", the county executive shall adopt an ordinance incorporating the town.
(b) An ordinance adopted under subsection (a) must:
(1) either:
(A) provide that all members of the town legislative body are to be elected at large (if the town would have a population of less than three thousand five hundred (3,500); or
(B) divide the town into not less than three (3) nor more than seven (7) districts; and
(2) direct the county election board to conduct an election in the town on the date of the next general or municipal election to be held in any precincts in the county.
An election conducted under this section must comply with IC 3 concerning town elections. If the date that an ordinance is adopted under this section is not later than June 1 of a general or municipal election year, the election must be conducted on the date of the next general or municipal election held in any precincts in the county after the election for which absentee balloting is being conducted. However, a primary election may not be conducted before an election conducted under this section, regardless of the population of the town.
(c) Districts established by an ordinance adopted under this section must comply with IC 3-11-1.5.
(d) If any territory in the town 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.
(e) If any territory in the town 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.
(f) An ordinance adopted under this section becomes effective when filed with:
(1) the office of the secretary of state; and
(2) the circuit court clerk of each county in which the town is located.
(g) Each county that contains a part of the proposed town must adopt identical ordinances providing for the incorporation of the town.
As added by Acts 1980, P.L.2, SEC.16. Amended by P.L.5-1983, SEC.12; P.L.5-1986, SEC.54; P.L.13-1988, SEC.19; P.L.5-1989, SEC.106; P.L.7-1990, SEC.61; P.L.3-1993, SEC.268; P.L.3-1997, SEC.457; P.L.86-1999, SEC.2; P.L.123-2000, SEC.5; P.L.113-2010, SEC.123; P.L.147-2013, SEC.7; P.L.219-2013, SEC.97; P.L.104-2022, SEC.164.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-11. Liability for Existing Indebtedness or Other Obligations; Payment to Township

Sec. 11. (a) If the township in which a new town is incorporated is indebted or has outstanding unpaid bonds or other obligations at the time of the incorporation, the town is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the property in the town bears to the assessed valuation of all property in the township, as shown by the most recent assessment for taxation before the incorporation, unless the assessed property within the town is already liable for the indebtedness.
(b) The town shall pay its indebtedness under this section to the township executive. If the indebtedness consists of outstanding unpaid bonds or notes of the township, the payments to the township executive shall be made as the principal or interest on the bonds or notes becomes due.
[Pre-Local Government Recodification Citation: 18-5-10-28 part.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-11.5. Localities Considered Towns for All Purposes

Sec. 11.5. A locality that:
(1) has elected town officers and has governed itself as a town for at least ten (10) years preceding September 1, 1988; or
(2) has been incorporated under this chapter after August 31, 1988;
is a town for all purposes unless the town has been dissolved under this chapter or IC 36-5-1.1.
As added by P.L.1-1989, SEC.69.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-12. Proceedings to Dissolve or Change Name; Petition, Signatures, and Reasons

Sec. 12. (a) Proceedings to dissolve a town may be instituted under either this section or IC 36-5-1.1.
(b) A proceeding under this section may be instituted to either dissolve the town or change its name. The proceeding is instituted by filing a petition with the town clerk. The petition must be signed by at least the number of the voters of the town required to place a candidate on the ballot under IC 3-8-6-3, must be verified by at least one (1) of the petitioners, and must include the reasons for the dissolution or change of name.
[Pre-Local Government Recodification Citation: 18-3-1-22 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.342-1987, SEC.1; P.L.12-1995, SEC.129; P.L.219-2013, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-13. Bond for Costs and Expenses

Sec. 13. A petition filed under section 12 of this chapter must be accompanied by a bond for costs and expenses, payable to and approved by the town legislative body. The petitioners shall pay all costs and expenses incurred under this chapter, including the expenses of an election, if their petition is not successful.
[Pre-Local Government Recodification Citation: 18-3-1-25 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.219-2013, SEC.99.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-14. Notice of Filing of Petition and Day of Hearing

Sec. 14. When a petition is filed under section 12 of this chapter, the town clerk shall give notice of the filing and of the day of a hearing on the petition, in the manner prescribed by IC 5-3-1.
[Pre-Local Government Recodification Citation: 18-3-1-23 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.219-2013, SEC.100.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-15. Hearing; Withdrawal of Petitioner's Name; Decision

Sec. 15. (a) On the date named in the notice given under section 14 of this chapter, the town legislative body shall hear and consider:
(1) the petition; and
(2) all statements presented in favor of or in opposition to granting the petition.
The legislative body shall then decide whether there is sufficient cause to submit the question of dissolving the town or changing its name to the voters of the town.
(b) A petitioner who wants to withdraw the petitioner's name from the petition must do so before the legislative body makes its decision. The legislative body may not count names withdrawn from the petition as part of the total required by section 12 of this chapter.
[Pre-Local Government Recodification Citations: 18-3-1-22 part; 18-3-1-23 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.219-2013, SEC.101; P.L.127-2017, SEC.141.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-16. Dissolution or Change of Name; Date of Election; Notice

Sec. 16. If the town legislative body decides to submit the question of dissolving the town or changing its name to the voters of the town, it shall certify the question to the county election board. The election board shall fix the date of an election for that purpose. The town clerk shall give notice of the election in the manner prescribed by IC 5-3-1.
[Pre-Local Government Recodification Citation: 18-3-1-24 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.45, SEC.15; P.L.3-1987, SEC.559.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-17. Election; Ballots; Clerk's Statement of Votes Cast

Sec. 17. (a) An election under section 16 of this chapter shall be held in the town. The voters shall, by ballot, vote on the question submitted to them. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the town of ___________________ dissolve?" or "Shall the town of _________________ change its name to ______________________?".
(b) Within four (4) days after the canvass of the vote by the county election board, the town clerk shall prepare and attest a statement of all the votes cast at the election, to be signed by the members of the county election board and filed with:
(1) the clerk of the county in which the greatest percentage of the population of the town is located; and
(2) the office of the secretary of state.
[Pre-Local Government Recodification Citation: 18-3-1-24 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987, SEC.560; P.L.5-1989, SEC.107; P.L.3-1997, SEC.458; P.L.123-2000, SEC.6.