reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-18. Number of Votes and Voters Required; Effective Dates of Change of Name and Dissolution; Disposition of Property; Validity of Contracts

Sec. 18. (a) If at least two-thirds (2/3) of the votes cast in an election under section 16 of this chapter are affirmative, the dissolution or change of name takes effect in the manner prescribed by this section.
(b) A change of name takes effect thirty (30) days after the filing of the statement required by section 17 of this chapter.
(c) A dissolution takes effect six (6) months after the filing of the statement required by section 17 of this chapter. The property owned by the town after payment of debts and liabilities shall be disposed of in the manner chosen by a majority of the voters of the town at a special election for that purpose. Dissolution of a town does not affect the validity of a contract to which the town is a party.
[Pre-Local Government Recodification Citations: 18-3-1-24 part; 18-3-1-25 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1989, SEC.108; P.L.113-2010, SEC.124; P.L.219-2013, SEC.102; P.L.104-2022, SEC.165.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-19. Aggrieved Persons; Appeal; Procedure

Sec. 19. (a) A person aggrieved by a decision made by the town legislative body under section 15 of this chapter or by the result of an election under section 16 of this chapter may, within thirty (30) days, appeal that decision or result to the circuit court for the county in which the town is located. The appeal is instituted by giving written notice to the town legislative body and filing with the town clerk a bond in the sum of five hundred dollars ($500), with surety approved by the legislative body. The bond must provide that the appeal will be duly prosecuted and that the appellants will pay all costs if the appeal is decided against them.
(b) When an appeal is instituted, the town clerk shall file with the clerk of the circuit court a transcript of all proceedings in the case, together with all papers filed in the case. The town legislative body may not take further action in the case until the appeal is heard and determined.
(c) An appeal under this section shall be heard by the circuit court without a jury. Change of venue from the judge may be granted, but change of venue from the county may not be granted.
[Pre-Local Government Recodification Citation: 18-3-1-26.]
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 › 36-5-1-20. Towns Not Functioning for Ten Years; Hearing; Findings; Adoption of Ordinance or Ordering Dissolution

Sec. 20. (a) This section does not apply to a town described by IC 36-5-1-11.5.
(b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.
(c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county subject to IC 36-2-3.5) issue an order to dissolve the town.
As added by P.L.3-1993, SEC.269. Amended by P.L.77-2014, SEC.21; P.L.278-2019, SEC.190; P.L.22-2021, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1. Incorporation; Dissolution › 36-5-1-21. Approvals of Proceedings to Incorporate Town Across County Boundaries Commenced Before July 1, 1999

Sec. 21. Notwithstanding sections 2 and 10.1 of this chapter, as in effect July 1, 1999, proceedings commenced before July 1, 1999, to incorporate a town across county boundaries is only required to have the approval of the county executive of the county that contains all or a major part of the territory sought to be incorporated.
As added by P.L.220-2011, SEC.653.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-1. Application of Chapter

Sec. 1. This chapter applies to:
(1) towns having a population of less than five hundred (500); and
(2) included towns (as defined in IC 36-3-1-7).
As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.109.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-2. Institution of Proceedings

Sec. 2. (a) Proceedings to dissolve a town may be instituted under section 10.5 or 10.6 of this chapter or by filing with the executive of the county containing more than fifty percent (50%) in assessed valuation of the land in the town:
(1) a resolution adopted by the town legislative body requesting dissolution; or
(2) a petition signed by at least twenty-five percent (25%) of the town's voters registered at the last general election.
(b) On receipt of a petition or resolution for dissolution, the county executive shall mark the petition or resolution with the date of filing.
As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.110; P.L.4-1991, SEC.143.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-3. Public Hearing; Notice

Sec. 3. The county executive shall hold a public hearing on a petition or resolution for dissolution filed under section 2 of this chapter not less than sixty (60) nor more than ninety (90) days after the date of the filing of the petition or resolution. The county executive shall publish notice of the hearing in accordance with IC 5-3-1.
As added by P.L.342-1987, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-4. Recommendations of Plan Commission

Sec. 4. (a) The county executive shall forward one (1) copy of the resolution or petition filed under section 2 of this chapter to the plan commission, if any, having jurisdiction.
(b) The plan commission shall submit their written recommendations for approval or disapproval of dissolution to the county executive at least ten (10) days before the hearing required by section 3 of this chapter.
As added by P.L.342-1987, SEC.2. Amended by P.L.24-1995, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-5. Parties; Remonstrance Against Dissolution; Dismissal of Petition

Sec. 5. The recipients of the notice required by section 3 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for dissolution shall be dismissed if at any time during the dissolution proceedings, including an appeal, the county executive or a court hearing an appeal is presented with a verified remonstrance against dissolution, signed by at least twenty-five percent (25%) of the town's voters registered at the last general election. The executive or court may determine the validity of the remonstrance by submitting it to the clerk of the circuit court for the county where the voter resides for verification.
As added by P.L.342-1987, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-6. Decision of County Executive

Sec. 6. The county executive shall, on the date fixed under section 3 of this chapter, hear and determine the petition or resolution and render a decision on the question of dissolution.
As added by P.L.342-1987, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-7. Evidentiary Considerations

Sec. 7. At the hearing the county executive shall approve dissolution unless the evidence establishes that:
(1) the petition requesting dissolution has not been signed by at least twenty-five percent (25%) of the voters;
(2) there are enough invalid signatures on the petition requesting dissolution to reduce the number of valid signatures to below twenty-five percent (25%) of the voters;
(3) at least twenty-five percent (25%) of the town's voters have signed a petition under section 5 of this chapter remonstrating against the dissolution; or
(4) the town legislative body has passed a resolution opposing dissolution.
As added by P.L.342-1987, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-8. Residents' Challenge to Sufficiency or Validity of Petition

Sec. 8. The county executive shall permit the residents of the town to submit evidence challenging the sufficiency or the validity of either:
(1) a petition or resolution for dissolution; or
(2) a petition opposed to dissolution.
As added by P.L.342-1987, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-9. Appeal; Notice; Bond; Transcript; Change of Venue; Effective Date of Dissolution

Sec. 9. (a) A person aggrieved by a decision made by the county executive under section 6 of this chapter may, within thirty (30) days, appeal that decision or result to the circuit court for the county containing more than fifty percent (50%) in assessed valuation of the land in the town. The appeal is instituted by giving written notice to the clerk of the circuit court and filing with the county executive a bond for five hundred dollars ($500), with surety approved by the county executive. The bond must provide:
(1) that the appeal will be duly prosecuted; and
(2) that the appellants will pay all costs if the appeal is decided against them.
(b) When an appeal is instituted, the county executive shall file with the clerk of the circuit court a transcript of all proceedings in the case, together with all papers filed in the case. The county executive may not take further action in the case until the appeal is heard and determined.
(c) An appeal under this section shall be heard by the circuit court without a jury. Change of venue from the judge may be granted, but change of venue from the county may not be granted. If the court orders the dissolution to take place, the circuit court clerk shall, immediately after the judgment of the court, certify the judgment of the circuit court to:
(1) the clerk of the municipality;
(2) the circuit court clerk of any other county in which the town is located; and
(3) the office of the secretary of state.
(d) The dissolution takes effect sixty (60) days after the order is certified.
As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.111; P.L.3-1997, SEC.459; P.L.123-2000, SEC.7; P.L.113-2010, SEC.125; P.L.104-2022, SEC.166.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-10. Dissolution Ordinance; Effective Date; Disposition of Property; Validity of Contracts; Records

Sec. 10. (a) If the county executive approves dissolution under section 6 of this chapter, the county executive shall adopt:
(1) an ordinance; or
(2) an order in a county having a consolidated city;
dissolving the town.
(b) A dissolution takes effect:
(1) at least sixty (60) days after the ordinance or order under subsection (a) is adopted; and
(2) when the county auditor files a copy of the ordinance or order with:
(A) the circuit court clerk of each county in which the town is located; and
(B) the office of the secretary of state.
(c) The property owned by the town after payment of debts and liabilities shall be disposed of by the county executive. Any proceeds remaining shall be deposited in the county general fund. Dissolution of a town does not affect the validity of a contract to which the town is a party.
(d) After dissolution, the books and records of the town become the property of the county executive for safekeeping.
As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.112; P.L.10-1992, SEC.29; P.L.3-1997, SEC.460; P.L.123-2000, SEC.8; P.L.113-2010, SEC.126; P.L.104-2022, SEC.167.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-10.5. Dissolution of Town; Requisites of Resolution; Notice; Hearing; Adoption of Ordinance; Effective Date of Dissolution; Validity of Town Contracts

Sec. 10.5. (a) This section applies to the dissolution of an included town.
(b) The town legislative body may adopt a resolution to consider dissolution of the town under this section. The resolution must state the following:
(1) That the town legislative body conduct a public hearing at a stated date, place, and time concerning the dissolution of the town.
(2) That the town legislative body will hear all statements presented in favor of or in opposition to dissolution.
(3) That the town legislative body may adopt an ordinance to dissolve the town at the conclusion of the public hearing.
(c) The town clerk shall publish a notice of the public hearing in accordance with IC 5-3-1.
(d) The town legislative body may continue a public hearing under this section. If a hearing is continued, the clerk is not required to publish an additional notice under subsection (c).
(e) The town legislative body may adopt an ordinance following the conclusion of the public hearing under subsection (b). The town clerk shall file a copy of the ordinance with:
(1) the circuit court clerk of the county; and
(2) the office of the secretary of state.
(f) The ordinance dissolving the town takes effect:
(1) at least sixty (60) days after adoption; and
(2) when the ordinance is filed under subsection (e).
(g) When an ordinance dissolving a town becomes effective:
(1) the territory included within the town when the ordinance was adopted becomes a part of the consolidated city;
(2) the books and records of the town become the property of the county executive;
(3) the property owned by the town after payment of debts and liabilities shall be disposed of by the county executive; and
(4) the county executive shall deposit any proceeds remaining after payment of debts and liabilities into the county general fund.
(h) The dissolution of a town under this section does not affect the validity of a contract to which the town is a party.
As added by P.L.5-1989, SEC.113. Amended by P.L.3-1997, SEC.461; P.L.123-2000, SEC.9; P.L.113-2010, SEC.127; P.L.104-2022, SEC.168.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-10.6. Included Towns; Petition; Ballot Question; Filing Certification; Time of Dissolution; Results of Dissolution; Contracts

Sec. 10.6. (a) This section applies to included towns.
(b) The dissolution of a town under this section may be instituted by filing a petition with the county board of registration. The petition must be signed by at least the number of the registered voters of the town required to place a candidate on the ballot under IC 3-8-6-3. The petition must be filed not later than June 1 of a year in which a general or municipal election will be held.
(c) If a petition meets the criteria set forth in subsection (b), the county board of registration shall certify the public question to the county election board under IC 3-10-9-3. The county election board shall place the question of dissolution on the ballot provided for voters in the included town at the first general or municipal election following certification. 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?".
(d) If the public question is approved by a majority of the voters voting on the question, the county election board shall file a copy of the certification prepared under IC 3-12-4-9 concerning the public question described by this section with the following:
(1) The circuit court clerk of the county.
(2) The office of the secretary of state.
(e) Dissolution occurs:
(1) at least sixty (60) days after certification under IC 3-12-4-9; and
(2) when the certification is filed under subsection (d).
(f) When a town is dissolved under this section:
(1) the territory included within the town when the ordinance was adopted becomes a part of the consolidated city;
(2) the books and records of the town become the property of the county executive;
(3) the property owned by the town after payment of debts and liabilities shall be disposed of by the county executive; and
(4) the county executive shall deposit any proceeds remaining after payment of debts and liabilities into the county general fund.
(g) The dissolution of a town under this section does not affect the validity of a contract to which the town is a party.
As added by P.L.4-1991, SEC.144. Amended by P.L.3-1993, SEC.270; P.L.12-1995, SEC.130; P.L.3-1997, SEC.462; P.L.123-2000, SEC.10; P.L.113-2010, SEC.128; P.L.104-2022, SEC.169.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-11. Limitation

Sec. 11. If a dissolution proceeding under this chapter is unsuccessful, the person seeking dissolution may not attempt a new proceeding under this chapter or IC 36-5-1 for at least one (1) year following the hearing under section 3 or 10.5 of this chapter or the election under section 10.6 of this chapter.
As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.114; P.L.4-1991, SEC.145.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.1. Dissolution of Small Towns › 36-5-1.1-12. Towns Not Functioning for Ten Years; Hearing; Findings; Adoption of Ordinance or Ordering Dissolution

Sec. 12. (a) This section does not apply to a town described by IC 36-5-1-11.5.
(b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.
(c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county having a consolidated city or subject to IC 36-2-3.5) issue an order to dissolve the town.
As added by P.L.3-1993, SEC.271.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-1. Applicability of Chapter; Other Applicable Provisions

Sec. 1. (a) This chapter applies to towns having a population of less than five hundred (500).
(b) A town may change the town's name under this chapter or IC 36-5-1.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-2. Petition to Change Name; Conditions; Bond

Sec. 2. A proceeding to change the name of a town may be instituted under this chapter by filing with the town clerk-treasurer a petition that meets the following conditions:
(1) The petition must be signed by a majority of the registered voters of the town.
(2) The petition must be verified by at least one (1) of the petitioners.
(3) The petition must contain a statement of the proposed new name of the town and the reasons to change the town's name.
(4) The petitioners agree to pay all costs and expenses incurred by the town if the petition is unsuccessful.
(5) The petition must be accompanied by a bond that meets the following conditions:
(A) The bond is payable to the town.
(B) The bond is for costs and expenses incurred under this chapter if the petitioners do not pay the costs and expenses.
(C) The bond is satisfactory to the town legislative body.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-3. Withdrawal From Petition

Sec. 3. (a) A petitioner may withdraw from the petition before the town legislative body makes a decision on the petition under section 6 of this chapter.
(b) In determining whether a sufficient number of registered voters have signed the petition, the legislative body may not consider names withdrawn from the petition under this section.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-4. Notice of Petition Filing and Hearing

Sec. 4. If a petition is filed under section 2 of this chapter, the town clerk-treasurer shall give notice under IC 5-3-1 of the following:
(1) The filing of the petition.
(2) The day, time, and place of a hearing on the petition.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-5. Hearing to Consider Petition

Sec. 5. On the day and time set in the notice given under section 4 of this chapter, the town legislative body shall hear and consider the petition.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-6. Adoption of Resolution for Name Change

Sec. 6. If after the hearing held under section 5 of this chapter, the town legislative body decides to change the name of the town as requested by the petition, the legislative body must, by a majority vote, adopt a resolution to change the name of the town.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-7. Appeal of Decision; Standing

Sec. 7. A person aggrieved by a decision made by the town legislative body under section 6 of this chapter may appeal the decision to the circuit court, superior court, or probate court with jurisdiction in the county in which the town is located.
As added by P.L.258-1993, SEC.1. Amended by P.L.84-2016, SEC.175.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-8. Appeal of Decision; Notice and Bond

Sec. 8. To begin an appeal under section 7 of this chapter, a person must do the following not more than thirty (30) days after adoption of the resolution by the town legislative body:
(1) Give written notice of the appeal to the legislative body.
(2) File a bond with the town clerk-treasurer that meets the following conditions:
(A) Is in the amount of five hundred dollars ($500).
(B) Has surety on the bond approved by the legislative body.
(C) Provides the following:
(i) The appeal will be duly prosecuted.
(ii) The appellants will pay all costs of the appeal if the appeal is decided against the appellants.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-9. Appeal of Decision; Clerk of Court Filings

Sec. 9. If section 8 of this chapter is satisfied, the town clerk-treasurer shall file the following with the clerk of the circuit court:
(1) A transcript of all proceedings in the case.
(2) All papers filed in the case.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-11. Determination of Appeal Without Jury; Change of Venue

Sec. 11. (a) The circuit court, superior court, or probate court shall hear an appeal under this chapter without a jury.
(b) Change of venue from the judge may be granted, but change of venue from the county may not be granted.
As added by P.L.258-1993, SEC.1. Amended by P.L.84-2016, SEC.176.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-12. Certification of Resolution Not Appealed

Sec. 12. If an appeal has not been filed, not later than thirty (30) days after adoption of the resolution by the town legislative body, the town clerk-treasurer shall send a certified copy of the resolution to each of the following:
(1) The clerk of the circuit court of each county in which the town is located.
(2) The plan commission having jurisdiction, if any.
(3) The office of the secretary of state.
As added by P.L.258-1993, SEC.1. Amended by P.L.24-1995, SEC.27; P.L.3-1997, SEC.463; P.L.123-2000, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 1.2. Change of Name of a Small Town › 36-5-1.2-13. Effective Date of Name Change

Sec. 13. A change of the town's name takes effect thirty (30) days after the later of the following:
(1) Adoption of the resolution by the town legislative body under section 6 of this chapter.
(2) Any appeals under this chapter are determined.
As added by P.L.258-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 9.8 and 10 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, 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.654.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-2. Town Council; President

Sec. 2. The town council elected under IC 3-10-6 or IC 3-10-7 is the town legislative body. The president of the town council selected under section 7 of this chapter is the town executive.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1986, SEC.55; P.L.8-1989, SEC.97.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-3. Term of Office of Members

Sec. 3. (a) Except as provided in subsection (b), (c), (d), (e), (f), or (g), the term of office of a member of the legislative body is four (4) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(b) The term of office of a member of the legislative body appointed to fill a vacancy resulting from an increase in the number of town legislative body members under section 4.2 of this chapter:
(1) begins when the ordinance increasing the number of legislative body members takes effect, or when the member is appointed under IC 3-13-9-4, if the appointment is made after the ordinance takes effect; and
(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the member's successor is elected and qualified.
(c) The term of office of a member of the legislative body elected under IC 36-5-1-10.1 following the incorporation of the town:
(1) begins at noon November 30 following the election; and
(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the member's successor is elected and qualified.
(d) The term of office of a member of the legislative body subject to IC 3-10-6-2.5(d)(1) is three (3) years, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(e) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-6-2.6 is one (1) year, beginning at noon January 1 after the member's election and continuing until the member's successor is elected and qualified.
(f) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.7 is:
(1) three (3) years if the member is elected at the next municipal election not conducted in a general election year; and
(2) four (4) years for the successors of a member of a legislative body described in subdivision (1);
beginning noon January 1 after election and continuing until a successor is elected and qualified.
(g) The term of office of a member of a legislative body subject to an ordinance described by IC 3-10-7-2.9 is:
(1) the term of office provided by the ordinance, not to exceed four (4) years, for a member of the legislative body elected in the first election cycle after adoption of the ordinance; and
(2) four (4) years for the successors of the member of a legislative body described in subdivision (1).
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1993, SEC.272; P.L.4-1996, SEC.103; P.L.109-2015, SEC.60.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-4. Repealed

[Pre-Local Government Recodification Citation: 18-3-1-11 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.13. Repealed by Acts 1980, P.L.2, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-4.2. Change in Number of Members in Legislative Body; Resolution; Implementation

Sec. 4.2. (a) This section applies to the alteration of the number of members of a legislative body.
(b) The legislative body may adopt a resolution to submit a public question on the number of legislative body members to the voters of the town. The resolution must state the following:
(1) The proposed number of legislative body members, which must be at least three (3) and not more than seven (7).
(2) The date of the general, municipal, or special election at which the public question will appear on the ballot.
(3) That the following question will be placed on the ballot in the form provided by IC 3-10-9-4:
"Shall the number of town council members be increased (or decreased, if applicable) from ___________ (insert the current number of members provided for) to _________ (insert the number of members proposed in the resolution)?".
(c) IC 3 applies to an election conducted under subsection (b). If the county election board will conduct the election at which the public question will be submitted, the question must be certified to the board under IC 3-10-9-3.
(d) If a majority of the votes cast on the question under subsection (b) are in the negative, the legislative body may not adopt a resolution under subsection (b) for at least one (1) year following the date the prior resolution was adopted.
(e) If a majority of votes cast on the question under subsection (b) are in the affirmative, the legislative body shall adopt an ordinance at its next regular meeting following the election altering the number of legislative body members to the number specified in the public question. The legislative body may also alter existing districts and establish new districts in the manner prescribed by IC 36-5-1-10.1. An ordinance adopted under this subsection becomes effective January 1 following its adoption.
(f) If the number of legislative body members is increased, the legislative body shall fill any resulting vacancy under IC 3-13-9-4. The legislative body may fill the vacancy before the ordinance described in subsection (e) takes effect. However, a town legislative body member appointed under this subsection does not assume office until the beginning of the term specified in section 3 of this chapter.
As added by P.L.11-1988, SEC.12. Amended by P.L.8-1989, SEC.98; P.L.1-1990, SEC.359; P.L.3-1993, SEC.274.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-5. Representation by District, at Large, or Both

Sec. 5. (a) The legislative body has:
(1) one (1) member for each district established under:
(A) IC 36-5-1-10.1; or
(B) section 4.1 or 4.2 of this chapter; or
(2) the number of members provided for when the town adopted an ordinance under section 4.1 of this chapter abolishing town legislative body districts.
(b) The legislative body shall provide by ordinance that its members:
(1) are to be elected by the voters of the district in which they reside;
(2) are to be elected at large by the voters of the whole town; or
(3) are to be elected both by districts and at-large.
(c) If a town legislative body adopts an ordinance under this section providing that its members are to be elected both by districts and at-large, the ordinance must:
(1) specify which seats on the legislative body are elected by the voters of a district and which are elected by the voters of the whole town; and
(2) provide that the ordinance is effective on January 1 following its adoption.
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1982, P.L.33, SEC.27; P.L.11-1988, SEC.13; P.L.7-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-6. Residency Requirement

Sec. 6. (a) A member of the legislative body must reside within:
(1) the town as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
(2) the district from which the member was elected, if applicable.
(b) A member of the legislative body who is elected by the voters of a district forfeits office if the member ceases to be a resident of the district.
(c) A member of the legislative body who is elected by the voters of the entire town but is elected or selected as a candidate from a district forfeits office if the member ceases to be a resident of the district.
(d) An at-large member of the legislative body forfeits office if the member ceases to be a resident of the town.
[Pre-Local Government Recodification Citation: 18-3-1-16 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987, SEC.561; P.L.3-1993, SEC.275.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-6.5. Circumstances Creating a Vacancy on the Town Council

Sec. 6.5. A vacancy on the legislative body is created whenever any of the following circumstances occur:
(1) A member resigns.
(2) A member dies.
(3) A member ceases to be a resident of the town or district as set forth in section 6 of this chapter.
As added by P.L.174-2002, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-7. President of Legislative Body; Selection; Term

Sec. 7. The legislative body shall select one (1) of its members to be its president for a definite term, which may not exceed the member's term of office as a member of the legislative body.
[Pre-Local Government Recodification Citations: 18-3-1-20 part; 18-3-1-35 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.127-2017, SEC.142.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-8. Town Clerk-Treasurer as Clerk; Ex Officio Member for Casting Tie Breaking Vote

Sec. 8. (a) The town clerk-treasurer is the clerk of the legislative body.
(b) The clerk-treasurer is an ex officio member for the purpose of casting the deciding vote to break a tie.
[Pre-Local Government Recodification Citations: 18-3-1-31 part; 18-3-1-35 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.34-1999, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-9. Powers of Legislative Body

Sec. 9. The legislative body may:
(1) adopt ordinances and resolutions for the performance of functions of the town;
(2) purchase, hold, and convey any interest in property, for the use of the town; and
(3) adopt and use a common seal.
[Pre-Local Government Recodification Citations: 18-3-1-35 part; 18-3-1-48 part.]
As added by Acts 1980, P.L.212, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-9.4. Majority Vote; Two-Thirds Vote

Sec. 9.4. (a) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a majority vote means at least a majority vote of all the elected members.
(b) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a two-thirds (2/3) vote means at least a two-thirds (2/3) vote of all the elected members.
As added by Acts 1980, P.L.73, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-9.6. Majority Vote to Pass Ordinance

Sec. 9.6. A majority vote of the legislative body is required to pass an ordinance, unless a greater vote is required by statute.
As added by Acts 1980, P.L.73, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-9.8. Two-Thirds Vote With Unanimous Consent of Members Present

Sec. 9.8. (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 the following:
(1) A zoning ordinance or amendment to a zoning ordinance adopted under IC 36-7.
(2) An ordinance to increase the number of town legislative body members adopted under section 4.2 of this chapter, unless the ordinance also establishes new legislative body districts.
As added by Acts 1980, P.L.73, SEC.17. Amended by Acts 1982, P.L.33, SEC.28; P.L.335-1985, SEC.37; P.L.3-1993, SEC.276.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-10.2. Recording of Adopted Ordinance; Presumptive Evidence

Sec. 10.2. Within a reasonable time after an ordinance of the legislative body is adopted, the clerk-treasurer shall record it in a book kept for that purpose. The record must include:
(1) the signature of the executive;
(2) the attestation of the clerk-treasurer; and
(3) the date of each recorded item.
The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.
As added by Acts 1980, P.L.73, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-11. Bond Issuance, Purpose, Payments, Requirements, and Procedures; Short Term Loans

Sec. 11. (a) Subject to IC 5-1-11.5 and IC 5-11-1-4(c), the legislative body may issue bonds for the purpose of procuring money to be used in the exercise of the powers of the town and for the payment of town debts. However, a town may not issue bonds to procure money to pay current expenses.
(b) Bonds issued under this section are payable in the amounts and at the times determined by the legislative body.
(c) Bonds issued under this section are subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to the following:
(1) The filing of a petition requesting the issuance of bonds and giving notice of the petition.
(2) The giving of notice of a hearing on the appropriation of the proceeds of bonds.
(3) The right of taxpayers to appear and be heard on the proposed appropriation.
(4) The approval of the appropriation by the department of local government finance.
(5) The right of:
(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a).
(6) The sale of bonds at public sale for not less than their par value.
(d) 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 town, and the total amount of outstanding loans under this subsection may not exceed five percent (5%) of the town'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 as follows:
(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.
(2) The loans must be evidenced by notes of the town in terms designating the nature of the consideration, the time and place payable, and the revenues out of which they will be payable.
(3) The interest accruing on the notes to the date of maturity may be added to and included in their face value or be made payable periodically, as provided in the ordinance.
Notes issued under this subsection are not bonded indebtedness for purposes of IC 6-1.1-18.5.
[Pre-Local Government Recodification Citation: 18-5-24-2.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.37-1988, SEC.24; P.L.90-2002, SEC.471; P.L.219-2007, SEC.116; P.L.146-2008, SEC.708; P.L.184-2015, SEC.17; P.L.244-2017, SEC.128.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-12. Loans and Notes; Procedures; Actions to Contest Validity

Sec. 12. (a) The legislative body may, by ordinance, make loans and issue notes for the purpose of refunding those loans in anticipation of revenues of the town that are anticipated to be levied and collected during the term of the loans. The term of a loan made under this subsection may not be more than five (5) years. Loans under this section shall be made in the same manner as loans made under section 11(b) and 11(c) of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate and pledge to the payment of the loans a sufficient amount of the revenues in anticipation of which the loans are issued and out of which the loans are payable; and
(2) the loans must be evidenced by time warrants of the town in terms designating the nature of the consideration, the time and place payable, and the revenues in anticipation of which the loans are issued and out of which the loans are payable.
(b) An action to contest the validity of a loan made under this section must be brought within fifteen (15) days from the day on which the ordinance is adopted.
As added by P.L.35-1990, SEC.45. Amended by P.L.40-1996, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 2. Town Legislative Body and Executive › 36-5-2-13. Removal of Town Employee

Sec. 13. The town executive must have the approval of a majority of the town council before the executive may discharge, reduce in grade under IC 36-8-3-4, or remove a town employee.
As added by P.L.34-1999, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 3. Town Budget Procedures and Compensation of Officers and Employees › 36-5-3-2. Compensation for Officers and Employees; Fixing of Annual Compensation; Determining Increases or Decreases in Compensation

Sec. 2. (a) As used in this section, "compensation" means the total of all money paid to an elected town officer for performing duties as a town officer, regardless of the source of funds from which the money is paid. The term includes all employee benefits paid to an elected town officer, including life insurance, health insurance, disability insurance, retirement benefits, and pension benefits. For purposes of determining an increase or decrease in compensation of an elected town officer, the term does not include any of the following:
(1) Payment of an insurance premium.
(2) Payments in recognition of:
(A) longevity;
(B) professional certifications; or
(C) educational advancements;
that are separately identified on a salary ordinance or resolution.
(3) Payment of a stipend or per diem allowed by statute.
(4) A payment authorized under subsection (d).
(b) The town legislative body shall, by ordinance, fix the compensation of its own members, the town clerk-treasurer, and the town marshal. An ordinance adopted under this subsection that fixes the annual compensation of an elected town officer shall provide for an annual, monthly, or biweekly salary schedule. An elected town officer is not required to report hours worked and may not be compensated based on the number of hours worked. The legislative body shall provide reasonable compensation for other town officers and employees.
(c) The compensation of an elected town officer may not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year.
(d) The legislative body may provide that town officers (including elected town officers) and employees receive additional compensation for services that:
(1) are performed for the town;
(2) are not governmental in nature; and
(3) are connected with the operation of a municipally owned utility or function.
Subject to the approval of the legislative body, the administrative agency operating the utility or function shall fix the amount of the additional compensation, which shall be paid from the revenues of the utility or function.
[Pre-Local Government Recodification Citations: Part new; 18-3-1-34.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.17, SEC.26; P.L.351-1983, SEC.1; P.L.15-1993, SEC.4; P.L.209-2019, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 3. Town Budget Procedures and Compensation of Officers and Employees › 36-5-3-3. Formulation of Budget Estimate

Sec. 3. Before the publication (before January 1, 2015) and before the submission of notice of budget estimates required by IC 6-1.1-17-3, each town shall formulate a budget estimate for the ensuing budget year in the following manner, unless it provides by ordinance for a different manner:
(1) Each department head shall prepare for the department head's department an estimate of the amount of money required for the ensuing budget year, stating in detail each category and item of expenditure the department head anticipates.
(2) The town fiscal officer shall prepare an itemized estimate of revenues available for the ensuing budget year, and shall prepare an itemized estimate of expenditures for other purposes above the money proposed to be used by the departments.
(3) The town executive shall meet with the department heads and the fiscal officer to review and revise their various estimates.
(4) After the executive's review and revision, the fiscal officer shall prepare for the executive a report of the estimated department budgets, miscellaneous expenses, and revenues necessary or available to finance the estimates.
[Pre-Local Government Recodification Citation: 18-3-1-35.5 part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.183-2014, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 5. Government of Towns › Chapter 3. Town Budget Procedures and Compensation of Officers and Employees › 36-5-3-4. Report of Budget Estimates; Ordinances Fixing Tax Rate and Appropriations

Sec. 4. The town fiscal officer shall present the report of budget estimates to the town legislative body under IC 6-1.1-17. After reviewing the report, the legislative body shall prepare an ordinance fixing the rate of taxation for the ensuing budget year and an ordinance making appropriations for the estimated department budgets and other town purposes during the ensuing budget year. The legislative body, in the appropriation ordinance, may change any estimated item from the figure submitted in the report of the fiscal officer. The legislative body shall promptly act on the appropriation ordinance.
[Pre-Local Government Recodification Citation: 18-3-1-35.5 part.]
As added by Acts 1980, P.L.212, SEC.4.