reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-11.6. Attorney's Fees and Costs for Prevailing Remonstrators

Sec. 11.6. (a) This section applies to a remonstrance filed after June 30, 2015.
(b) If the court orders an annexation not to take place after a hearing under section 11 of this chapter, the remonstrators shall be reimbursed by the annexing municipality for any reasonable attorney's fees, including litigation expenses and appeal costs:
(1) that are incurred:
(A) after the date the annexation ordinance is adopted; and
(B) in remonstrating against the annexation; and
(2) not to exceed thirty-seven thousand five hundred dollars ($37,500).
As added by P.L.228-2015, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-11.7. Remonstrance Waivers; Expiration; Notice to Property Owner

Sec. 11.7. (a) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall, within a reasonable time after the recording of a deed to property located within the municipality, provide written notice to the property owner that a waiver of the right of remonstrance exists with respect to the property.
(b) A remonstrance waiver executed before July 1, 2003, is void. This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
(c) A remonstrance waiver executed after June 30, 2003, and before July 1, 2019, is subject to the following:
(1) The waiver is void unless the waiver was recorded:
(A) before January 1, 2020; and
(B) with the county recorder of the county where the property subject to the waiver is located.
(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.
This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
(d) A remonstrance waiver executed after June 30, 2019, is subject to the following:
(1) The waiver is void unless the waiver is recorded:
(A) not later than thirty (30) business days after the date the waiver was executed; and
(B) with the county recorder of the county where the property subject to the waiver is located.
(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.
This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
As added by P.L.228-2015, SEC.18. Amended by P.L.257-2019, SEC.112.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-11.8. Voids Certain Annexation Ordinances; Terminates Certain Annexation Actions; Prohibits Certain Annexation Actions

Sec. 11.8. (a) This section does not apply to an annexation that meets both of the following requirements:
(1) The annexation is an annexation under section 4(a)(2), 4(a)(3), 4(b), 4(h), 5, or 5.1 of this chapter.
(2) No parcel within the annexation territory is subject to a waiver of remonstrance.
(b) This section does not apply to an annexation and annexation ordinance that is adopted and effective before April 30, 2017.
(c) This section applies to property that meets both of the following requirements:
(1) Is in an unincorporated area on January 1, 2017.
(2) Is within the boundaries of a territory proposed to be annexed in an annexation ordinance that was introduced after December 31, 2016, and before July 1, 2017.
(d) An annexation ordinance that is introduced after December 31, 2016, and before July 1, 2017, that proposes to annex property to which this section applies is void and the annexation action is terminated. A municipality may not take any further action to annex any of the property to which this section applies until after June 30, 2022, including introducing another annexation ordinance covering some or all of the property covered by this section after June 30, 2017, and before July 1, 2022.
As added by P.L.217-2017, SEC.161.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-12. Remonstrances; Hearing; Judgment

Sec. 12. The circuit or superior court shall:
(1) on the date fixed under section 11 of this chapter, hear and determine the remonstrance without a jury; and
(2) without delay, enter judgment on the question of the annexation according to the evidence that either party may introduce.
[Pre-Local Government Recodification Citations: 18-5-10-25 part; 18-5-10-30 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1989, SEC.96; P.L.113-2010, SEC.117; P.L.104-2022, SEC.158.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-14. Remonstrances; Hearing; Change of Venue; Status of Annexation Pending

Sec. 14. In a hearing under section 12 of this chapter, the laws providing for change of venue from the county do not apply, but changes of venue from the judge may be had as in other cases. Costs follow judgment. Pending the entry of a final unappealable judgment, the territory sought to be annexed is not considered a part of the municipality.
[Pre-Local Government Recodification Citations: 18-5-10-25 part; 18-5-10-32 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.228-2015, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-15.3. Prohibition Against Annexation; Settlement Agreement

Sec. 15.3. (a) As used in this section, "prohibition against annexation" means that a municipality may not make further attempts to annex certain territory or any part of that territory.
(b) As used in this section, "settlement agreement" means a written court approved settlement of a dispute involving annexation under this chapter between a municipality and remonstrators.
(c) Under a settlement agreement between the annexing municipality and either:
(1) seventy-five percent (75%) or more of all landowners participating in the remonstrance; or
(2) the owners of more than seventy-five percent (75%) in assessed valuation of the land owned by all landowners participating in the remonstrance;
the parties may mutually agree to a prohibition against annexation of all or part of the territory by the municipality for a period not to exceed twenty (20) years. The settlement agreement may address issues and bind the parties to matters relating to the provision by a municipality of planned services of a noncapital nature and services of a capital improvement nature (as described in section 13(d) of this chapter), in addition to a prohibition against annexation. The settlement agreement is binding upon the successors, heirs, and assigns of the parties to the agreement. However, the settlement agreement may be amended or revised periodically on further agreement between the annexing municipality and landowners who meet the qualifications of subdivision (1) or (2).
As added by P.L.300-1989, SEC.1. Amended by P.L.156-2020, SEC.138.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-15.5. Appeals After Final Publication of Annexation Ordinance; Procedure

Sec. 15.5. (a) Except as provided in subsection (b):
(1) an owner of land within one-half (1/2) mile of territory proposed to be annexed under this chapter; or
(2) a municipality located in the same county as the territory proposed to be annexed;
may, not later than sixty (60) days after the publication of the annexation ordinance, appeal that annexation to a circuit court or superior court of a county in which the annexed territory is located. The complaint must state that the reason the annexation should not take place is that the territory sought to be annexed is not contiguous to the annexing municipality.
(b) This subsection applies to an annexation initiated by property owners under section 5.1 of this chapter in which all property owners within the area to be annexed petition the municipality to be annexed. Either of the following may appeal that annexation to a circuit court or superior court of a county in which the annexed territory is located:
(1) An owner of land within one-half (1/2) mile of the territory proposed to be annexed under this chapter.
(2) A municipality located in the same county as the territory proposed to be annexed.
An appeal under this subsection must be filed not later than thirty (30) days after the publication of the annexation ordinance. The complaint must state that the reason the annexation should not take place is that the territory sought to be annexed is not contiguous to the annexing municipality.
(c) Upon the determination of the court that the complaint is sufficient, the judge shall fix a time for a hearing to be held not later than sixty (60) days after the determination. Notice of the proceedings shall be served by summons upon the proper officers of the annexing municipality. The municipality shall become a defendant in the cause and be required to appear and answer. The judge of the circuit or superior court shall, upon the date fixed, proceed to hear and determine the appeal without a jury, and shall, without delay, give judgment upon the question of the annexation according to the evidence introduced by the parties. If the evidence establishes that the territory sought to be annexed is contiguous to the annexing municipality, the court shall deny the appeal and dismiss the proceeding. If the evidence does not establish the foregoing factor, the court shall issue an order to prevent the proposed annexation from taking effect. The laws providing for change of venue from the county do not apply, but changes of venue from the judge may be had. Costs follow judgment. Pending the appeal, and during the time within which the appeal may be taken, the territory sought to be annexed is not a part of the annexing municipality.
As added by Acts 1981, P.L.308, SEC.7. Amended by P.L.5-1989, SEC.98; P.L.224-2001, SEC.12; P.L.113-2010, SEC.118; P.L.207-2014, SEC.2; P.L.104-2022, SEC.159.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-15.7. Appeal of Annexation Pending on January 1, 2014

Sec. 15.7. A municipality located in the same county as the territory to be annexed may appeal an annexation under section 15.5(a)(2) or 15.5(b)(2) of this chapter if:
(1) the annexation was pending on January 1, 2014; and
(2) the municipality files the appeal not later than sixty (60) days after publication of the annexation ordinance.
As added by P.L.207-2014, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-16. Complaint Alleging Injury From Failure to Implement Plan; Limitation Period; Relief; Requirements; Change of Venue; Costs

Sec. 16. (a) Within one (1) year after the expiration of:
(1) the one (1) year period for implementation of planned services of a noncapital nature under section 13(d)(4) of this chapter; or
(2) the three (3) year period for the implementation of planned services of a capital improvement nature under section 13(d)(5) of this chapter;
any person who pays taxes on property located within the annexed territory may file a complaint alleging injury resulting from the failure of the municipality to implement the plan. The complaint must name the municipality as defendant and shall be filed with the circuit or superior court of the county in which the annexed territory is located.
(b) The court shall hear the case within sixty (60) days without a jury. In order to be granted relief, the plaintiff must establish one (1) of the following:
(1) That the municipality has without justification failed to implement the plan required by section 13 of this chapter within the specific time limit for implementation after annexation.
(2) That the municipality has not provided police protection, fire protection, sanitary sewers, and water for human consumption within the specific time limit for implementation, unless one (1) of these services is being provided by a separate taxing district or by a privately owned public utility.
(3) That the annexed territory is not receiving governmental and proprietary services substantially equivalent in standard and scope to the services provided by the municipality to other areas of the municipality, regardless of topography, patterns of land use, and population density similar to the annexed territory.
(c) The court may:
(1) grant an injunction prohibiting the collection of taxes levied by the municipality on the plaintiff's property located in the annexed territory;
(2) award damages to the plaintiff not to exceed one and one-fourth (1 1/4) times the taxes collected by the municipality for the plaintiff's property located in the annexed territory;
(3) order the annexed territory or any part of it to be disannexed from the municipality;
(4) order the municipality to submit a revised fiscal plan for providing the services to the annexed territory within time limits set up by the court; or
(5) grant any other appropriate relief.
(d) A change of venue from the county is not permitted for an action brought under this section.
(e) If the court finds for the plaintiff, the defendant shall pay all court costs and reasonable attorney's fees as approved by the court.
(f) The provisions of this chapter that apply to territory disannexed by other procedures apply to territory disannexed under this section.
[Pre-Local Government Recodification Citation: 18-5-10-32.5.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.1-1991, SEC.208; P.L.255-1997(ss), SEC.14; P.L.217-1999, SEC.8; P.L.173-2003, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-17. Disannexation; Petition; Remonstrances; Hearing; Order

Sec. 17. (a) The owner or owners of:
(1) fifty-one percent (51%) or more in number of the lots in an addition or subdivision to a municipality; or
(2) contiguous territory within the corporate boundaries of a municipality, constituting not less than one (1) entire block, if platted, and not less than one (1) acre, if not platted;
may file a petition for disannexation if any of the boundaries of the addition, subdivision, or contiguous territory forms part of the corporate boundary of the municipality. The petition must be filed with the works board of the municipality and must include a plat of the territory sought to be disannexed. Notice of the petition must be given in the manner prescribed by IC 5-3-1.
(b) A remonstrance against the granting of the petition may be filed by:
(1) the owner of a lot in the subdivision or addition; or
(2) the owner of territory adjoining the territory sought to be disannexed.
(c) The works board shall conduct a hearing and make a just and equitable order on the petition. In conducting the hearing, the works board may:
(1) subpoena witnesses;
(2) punish contempt;
(3) adjourn the hearing from time to time;
(4) make orders concerning streets and alleys, including their vacation; and
(5) award damages.
[Pre-Local Government Recodification Citations: 18-5-10-47 part; 18-5-10-48 part; 18-5-10-50 part; 18-5-10-52 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-18. Disannexation; Appeal of Order; Bond; Scope of Order

Sec. 18. (a) An order under section 17 of this chapter may be appealed to the circuit court, superior court, or probate court for the county in which any part of the affected territory is located. If an appeal is brought, the matters determined at the original hearing shall be tried de novo, and the circuit court's, superior court's, or probate court's order may be appealed in the same manner as other civil actions are tried and appealed. The municipality involved in the disannexation may, by its attorney, appear and defend its interests in the proceeding.
(b) The appellant or appellants in the circuit court, superior court, or probate court shall give to the clerk of the municipality a bond:
(1) with a solvent, freehold surety who is a resident of the county in which the territory is located;
(2) conditioned on the due prosecution of the appeal and the payment of all costs accrued by or to accrue against the appellant or appellants; and
(3) in a sum considered adequate by the clerk.
If the clerk approves the bond, the clerk shall immediately make a transcript of all proceedings in the cause and certify it, together with all papers in the cause, to the clerk of the court in which the appeal is filed.
(c) On an appeal under this section, a court may make orders concerning streets and alleys, including their vacation, and award damages.
[Pre-Local Government Recodification Citations: 18-5-10-47; 18-5-10-48; 18-5-10-52.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.84-2016, SEC.171.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-20. Disannexation; Limitation on Subsequent Proceedings

Sec. 20. After the termination of a disannexation proceeding under this chapter, a subsequent disannexation proceeding affecting the same property and asking for the same relief may not be initiated for a period of two (2) years.
[Pre-Local Government Recodification Citation: 18-5-10-49.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-21. Contracts With Owners or Lessees of Designated Properties in Lieu of Annexation

Sec. 21. (a) In lieu of annexing contiguous territory or in cases not involving annexation, the executive and the proper administrative agency of a municipality, with the consent of the municipal legislative body, may enter into contracts with the owners or lessees of designated property in the vicinity of the municipality, providing for the payment or contribution of money to the municipality for municipal or public purposes specified in the contract. The payments under the contract may be:
(1) related to or in consideration of municipal services or benefits received or to be received by the property owners or lessees;
(2) in lieu of taxes that might be levied on annexation of the designated property; or
(3) wholly unrelated to municipal services or benefits to or potential tax impositions on the designated property.
(b) Any other political subdivision that has taxing power in respect to the designated property or is entitled to share in the property taxes assessed and collected by the municipality may:
(1) join in a contract under this section; or
(2) enter into a separate agreement with the municipality, providing for the division and distribution of contract payments made under this section and for the receipt of a share of those payments by the municipal authority.
(c) A contract under this section may be entered into for the term agreed to by the municipality and the property owners or lessees, but that term may not exceed:
(1) fifteen (15) continuous years under one (1) contract if the municipality is a consolidated or second class city; or
(2) four (4) continuous years under one (1) contract if the municipality is not a consolidated or second class city.
(d) A contract under this section continues in effect for its full term unless it is:
(1) induced by fraud of the property owners or lessees;
(2) grossly and corruptly improvident on the part of the municipality; or
(3) terminated or reduced in duration by agreement of the municipality and the property owners or lessees.
(e) A contract under this section may provide that during its effective term, the designated property of the contracting owners or lessees is not subject to annexation by the municipality.
[Pre-Local Government Recodification Citation: 18-5-10-22.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.11, SEC.162.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-22.1. Notice to Chairman of Alcohol and Tobacco Commission of Licensed Premises

Sec. 22.1. Not later than ten (10) days after an annexation ordinance is filed under section 22 of this chapter, the annexing municipality shall provide notice to the chairman of the alcohol and tobacco commission in accordance with IC 7.1-4-9-7 of any licensed premises located within the annexed territory.
As added by P.L.194-2021, SEC.67.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-24. Legalization of Certain Annexation Ordinances Adopted in Tippecanoe County Before March 1, 1990; Legalization of Declaratory Resolution of Redevelopment Commission; Assessment Date

Sec. 24. (a) This section applies to a second class city located in Tippecanoe County.
(b) Notwithstanding any other law, if a city annexed territory before March 1, 1990, and the annexation proceedings included a technical failure to describe a public way that separates the annexed territory from the city, the annexation is legalized and declared valid.
(c) Notwithstanding any other law, if the redevelopment commission of a city adopted a declaratory resolution under IC 36-7-14-15 before March 1, 1990, for any of the annexed territory described in subsection (b), the declaratory resolution is legalized and declared valid. If the declaratory resolution designated any of the annexed territory as an allocation area under IC 36-7-14-39, the assessment date for purposes of determining the base assessed value of the economic development area for purposes of IC 36-7-14-39 is March 1, 1989.
As added by P.L.220-2011, SEC.651. Amended by P.L.119-2012, SEC.189.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 4. Division of Powers of Cities › 36-4-4-2. Separation of Powers; Right of City Employee to Serve in Office

Sec. 2. (a) The powers of a city are divided between the executive and legislative branches of its government. A power belonging to one (1) branch of a city's government may not be exercised by the other branch.
(b) Subject to IC 3-5-9, a city employee other than an elected or appointed public officer may:
(1) be a candidate for any elective office and serve in that office if elected; or
(2) be appointed to any office and serve in that office if appointed;
without having to resign as a city employee.
[Pre-Local Government Recodification Citations: 18-1-1.5-25; 18-4-4-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.315-1995, SEC.1; P.L.135-2012, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 4. Division of Powers of Cities › 36-4-4-3. Executive or Administrative Powers, Duties, and Functions

Sec. 3. (a) All powers and duties of a city that are executive or administrative in nature shall be exercised or performed by the city executive, another city officer, or a city department.
(b) An ordinance of the city legislative body requiring an executive or administrative function to be performed may:
(1) designate the department that is to perform that function; or
(2) establish a new department or agency to perform that function.
(c) If an executive or administrative function is not assigned by a statute, ordinance, or resolution, the city executive shall assign that function to the proper department or officer.
[Pre-Local Government Recodification Citations: 18-1-1.5-27; 18-1-6-4; 18-4-4-2 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 4. Division of Powers of Cities › 36-4-4-4. Legislative Powers and Duties

Sec. 4. (a) The legislative power of a city is vested in its legislative body. All powers and duties of a city that are legislative in nature shall be exercised or performed by its legislative body. The legislative body of a city may not elect or appoint a person to any office or employment, except as provided by statute.
(b) The legislative body may manage the finances of the city to the extent that that power is not vested in the executive branch.
[Pre-Local Government Recodification Citations: 18-1-1.5-26; 18-1-4-3 part; 18-4-4-4 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 4. Division of Powers of Cities › 36-4-4-5. Uncertainty or Dispute in Nature of Power or Duty

Sec. 5. (a) If uncertainty exists or a dispute arises concerning the executive or legislative nature of a power or duty exercised or proposed to be exercised by a branch, officer, department, or agency of the government of a municipality, a petition may be filed in the circuit court or superior court of the county in which the municipality is located by the municipal executive, another municipal elected official, the president of the municipal legislative body, or any person who alleges and establishes to the satisfaction of the court that the person is or would be adversely affected by the exercise of the power; however, in a county that does not contain a consolidated city and that has a superior court with three (3) or more judges, the petition shall be filed in the superior court and shall be heard and determined by the court sitting en banc.
(b) In a county containing a consolidated city, the petition shall be heard and determined by a five (5) member panel of judges from the superior court. The clerk of the court shall select the judges electronically and randomly. Not more than three (3) members of the five (5) member panel of judges may be of the same political party. The first judge selected shall maintain the case file and preside over the proceedings.
(c) The petition must set forth the action taken or the power proposed to be exercised, and all facts and circumstances relevant to a determination of the nature of the power, and must request that the court hear the matter and determine which branch, officer, department, or agency of the municipality, if any, is authorized to exercise the power. On the filing of the petition, the clerk of the court shall issue notice to the municipal executive, each municipal elected official, and the president of the municipal legislative body, unless the petition was filed by that person, and to the municipal attorney, department of law, or legal division.
(d) The court shall determine the matters set forth in the petition and shall affix the responsibility for the exercise of the power or the performance of the duty, unless it determines that the power or duty does not exist. Costs of the proceeding shall be paid by the municipality, except that if an appeal is taken from the decision of the court by any party to the proceeding other than the municipal executive, another municipal elected official, or the president of the municipal legislative body, the costs of the appeal shall be paid by the unsuccessful party on appeal or in the manner directed by the court deciding the appeal.
[Pre-Local Government Recodification Citation: 18-1-1.5-28.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.69-1995, SEC.5; P.L.141-2007, SEC.3; P.L.84-2016, SEC.172.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-1. 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.41.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-2. Mayor; Election; Eligibility; Term of Office

Sec. 2. (a) A mayor, who is the city executive, shall be elected under IC 3-10-6 by the voters of each city.
(b) A person is eligible to be a city executive only if the person meets the qualifications prescribed by IC 3-8-1-26.
(c) Residency in territory that is annexed by the city before the election is considered residency for the purposes of subsection (b), even if the annexation takes effect less than one (1) year before the election.
(d) The city executive must reside within the city as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The executive forfeits office if the executive ceases to be a resident of the city.
(e) The term of office of a city executive is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
[Pre-Local Government Recodification Citations: 18-1-2-1 part; 18-1-2-1.5 part; 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.48; P.L.3-1987, SEC.556.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-3. Powers and Duties

Sec. 3. The executive shall:
(1) enforce the ordinances of the city and the statutes of the state;
(2) provide a statement of the finances and general condition of the city to the city legislative body at least once a year;
(3) provide any information regarding city affairs that the legislative body requests;
(4) recommend, in writing, to the legislative body actions that the executive considers proper;
(5) call special meetings of the legislative body when necessary;
(6) supervise subordinate officers;
(7) insure efficient government of the city;
(8) fill vacancies in city offices when required by IC 3-13-8;
(9) sign all bonds, deeds, and contracts of the city and all licenses issued by the city; and
(10) approve or veto ordinances, orders, and resolutions of the legislative body under IC 36-4-6-15.
[Pre-Local Government Recodification Citation: 18-1-6-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-4. Appointments

Sec. 4. The executive shall make the appointments prescribed by IC 36-4-9 and IC 36-4-11-2.
[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.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-5. Power to Hear Complaints Against Person Issued License; Proceedings; Findings and Determination; Violation, Revocation, or Suspension

Sec. 5. On reasonable notice of at least three (3) days to the person complained of, the executive shall hear any complaint against a person to whom the city has issued a license, and may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, and require them to testify. To the extent they can be applied, the Indiana rules of procedure, including the right to appear by counsel and to compel the attendance of witnesses for or against persons complained of, apply to proceedings under this section. If the executive finds that the person complained of has wilfully violated a term or condition of the person's license, or has wilfully done or permitted to be done an act in violation of a statute or city ordinance relating to the business licensed, the executive shall revoke or suspend the license. The executive shall file a copy of the executive's findings and determination with the city fiscal officer within twenty-four (24) hours after it is made.
[Pre-Local Government Recodification Citations: 18-1-6-2 part; 18-1-20-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.125.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-6. Meetings With Officers in Charge of City Departments; Record

Sec. 6. At least once a month, the executive shall meet with the officers in charge of the city departments:
(1) for consultation on the affairs of the city;
(2) to adopt rules and regulations for the administration of the affairs of city departments; and
(3) to adopt rules and regulations prescribing a merit system for selecting, appointing, or promoting city officers and employees.
A record of meetings under this section shall be kept.
[Pre-Local Government Recodification Citation: 18-1-6-2 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-7. Appointment of Persons to Examine or Investigate City Accounts and Property

Sec. 7. The executive may appoint three (3) competent persons to examine, without notice, the city accounts and property in the possession or custody of a city department, officer, or employee, and to report the results of their investigation.
[Pre-Local Government Recodification Citation: 18-1-6-2 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-8. Absence or Inability of Executive; Designation and Service of Acting Executive

Sec. 8. (a) Whenever the executive is absent or going to be absent from the city, ill, or injured, the executive may designate:
(1) the deputy mayor, if that position has been established under IC 36-4-9-7; or
(2) a member of the city legislative body;
as acting executive, with all the powers of the office. The executive may exercise this power for a maximum of fifteen (15) days in any sixty (60) day period.
(b) A designation under subsection (a) shall be certified to the president or president pro tempore and clerk of the city legislative body. In addition, when the executive resumes the executive's duties, the executive shall certify to those officers the expiration of the designation.
(c) Whenever the president or president pro tempore of the city legislative body files with the circuit court, superior court, or probate court of the county in which the city is located a written statement suggesting that the executive is unable to discharge the powers and duties of the executive's office, the circuit court, superior court, or probate court shall convene within forty-eight (48) hours to decide that question. After that, when the executive files with the circuit court, superior court, or probate court the executive's written declaration that no inability exists, the circuit court, superior court, or probate court shall convene within forty-eight (48) hours to decide whether that is the case. Upon a decision that no inability exists, the executive shall resume the powers and duties of the executive's office.
(d) If the circuit court, superior court, or probate court decides under subsection (c) that the executive is unable to discharge the powers and duties of the executive's office, then:
(1) the deputy mayor, if that position has been established under IC 36-4-9-7; or
(2) the president of the legislative body in a second class city, or the president pro tempore of the legislative body in a third class city, if there is no deputy mayor;
shall serve as acting executive, with all the powers of the office. A person may serve as acting executive for a maximum of six (6) months under this subsection. The city legislative body may appropriate funds to compensate a person acting as executive under subsection (d).
As added by P.L.349-1983, SEC.1. Amended by P.L.84-2016, SEC.173.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 5. City Executive › 36-4-5-9. Vacancy in Office of Executive

Sec. 9. (a) The office of executive becomes vacant whenever the executive:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the city;
(3) is convicted of a felony, as provided in IC 5-8-1-38; or
(4) is unable to discharge the powers and duties of the executive's office for more than six (6) months.
(b) The vacancy shall be filled under IC 3-13-8.
As added by P.L.349-1983, SEC.2. Amended by P.L.5-1986, SEC.50; P.L.37-2008, SEC.3; P.L.127-2017, SEC.126.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 13 and 14 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.
As added by P.L.220-2011, SEC.652.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-1. Application of Chapter

Sec. 1. This chapter applies to second and third class cities.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-2. Common Council; Election; Eligibility; Term of Office

Sec. 2. (a) A common council, which is the city legislative body, shall be elected under IC 3-10-6 by the voters of each city.
(b) A person is eligible to be a member of the legislative body only if the person meets the qualifications prescribed by IC 3-8-1-27.
(c) Residency in territory that is annexed by the city before the person files a declaration of candidacy or petition of nomination is considered residency for the purposes of subsection (b), even if the annexation takes effect less than one (1) year before the election.
(d) A member of the legislative body must reside within:
(1) the city as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
(2) the district from which the member was elected, if applicable.
(e) A member forfeits office if the member ceases to be a resident of the district or city.
(f) The term of office of a member of the legislative body is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
[Pre-Local Government Recodification Citations: 18-1-2-1 part; 18-1-2-1.5 part; 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part; 18-2-1-8 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.51; P.L.3-1987, SEC.557.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-6. Power to Expel Member or Declare Seat Vacant; Rules

Sec. 6. The legislative body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if the member is unable to perform the duties of the member's office; and
(3) adopt its own rules to govern proceedings under this section.
However, a two-thirds (2/3) vote is required to expel a member or vacate the member's seat.
[Pre-Local Government Recodification Citation: 18-1-3-5.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.127.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-7. Meetings

Sec. 7. (a) The legislative body shall hold its first regular meeting in January after its election. In subsequent months, the legislative body shall hold regular meetings at least once a month, unless its rules require more frequent meetings.
(b) A special meeting of the legislative body shall be held when called by the city executive or when called under the rules of the legislative body.
[Pre-Local Government Recodification Citation: 18-1-3-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.169-2006, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-8. President; Vice President; President Pro Tempore

Sec. 8. (a) This subsection applies only to second class cities. At its first regular meeting under section 7 of this chapter, and each succeeding January, the legislative body shall choose from its members a president and a vice president.
(b) This subsection applies only to third class cities. The city executive shall preside at all meetings of the legislative body, but may vote only in order to break a tie. At its first regular meeting under section 7 of this chapter and each succeeding January, the legislative body shall choose from its members a president pro tempore to preside whenever the executive is absent.
[Pre-Local Government Recodification Citation: 18-1-3-3.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.23; P.L.349-1983, SEC.3; P.L.169-2006, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-9. Clerk; Duties; Second Class Cities Posting Roll Call Votes on Internet Web Site

Sec. 9. The city clerk is the clerk of the legislative body. The city clerk shall do the following:
(1) Preserve the legislative body's records in the clerk's office.
(2) Keep an accurate record of the legislative body's proceedings.
(3) Record the ayes and nays on each vote on an ordinance or resolution.
(4) Record the ayes and nays on other votes when requested to do so by two (2) or more members.
(5) Present ordinances, orders, or resolutions to the city executive under section 15 of this chapter.
(6) Record ordinances under section 17 of this chapter.
(7) This subdivision applies only to a second class city that maintains an Internet web site. The city clerk shall post on the city's Internet web site the roll call votes of the legislative body not later than three (3) business days after the following:
(A) The date the roll call vote is taken if the city's software is able to generate a roll call vote.
(B) If the city's software is not able to generate a roll call vote, the date the legislative body is first able to approve the minutes of the meeting at which the roll call vote was taken.
The city clerk shall maintain the roll call vote information on the Internet web site for a period of four (4) years.
[Pre-Local Government Recodification Citations: 18-1-3-4; 18-1-6-3 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.128; P.L.204-2017, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-10. Quorum

Sec. 10. A majority of all the elected members of the legislative body constitutes a quorum.
[Pre-Local Government Recodification Citation: 18-1-3-2 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-11. Majority Vote; Two-Thirds Vote

Sec. 11. (a) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a majority vote means at least a majority vote of all the elected members.
(b) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a two-thirds (2/3) vote means at least a two-thirds (2/3) vote of all the elected members.
[Pre-Local Government Recodification Citation: 18-1-3-2 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-12. Ordinance; Majority Vote

Sec. 12. A majority vote of the legislative body is required to pass an ordinance, unless a greater vote is required by statute.
[Pre-Local Government Recodification Citation: 18-1-3-2 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-13. Ordinance; Two-Thirds Vote With Unanimous Consent of Members Present

Sec. 13. (a) A two-thirds (2/3) vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of the legislative body on the same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to a zoning ordinance or amendment to a zoning ordinance that is adopted under IC 36-7.
[Pre-Local Government Recodification Citation: 18-1-3-6 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.24; P.L.335-1985, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-15. Ordinance, Order, or Resolution; Presentation to City Executive

Sec. 15. After an ordinance, order, or resolution passed by the legislative body has been signed by the presiding officer, the clerk shall present it to the city executive, and record the time of the presentation.
[Pre-Local Government Recodification Citation: 18-1-3-6 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-16. Ordinance, Order, or Resolution; Power of City Executive to Approve or Veto

Sec. 16. (a) Within ten (10) days after an ordinance, order, or resolution is presented to the city executive, the city executive shall:
(1) approve the ordinance, order, or resolution, by entering the executive's approval on it, signing it, and sending the legislative body a message announcing the executive's approval; or
(2) veto the ordinance, order, or resolution, by returning it to the legislative body with a message announcing the executive's veto and stating the executive's reasons for the veto.
The executive may approve or veto separate items of an ordinance appropriating money or levying a tax.
(b) If the executive fails to perform the executive's duty under subsection (a), the ordinance, order, or resolution is considered vetoed.
(c) Whenever an ordinance, order, or resolution is vetoed by the executive, it is considered defeated unless the legislative body, at its first regular or special meeting after the ten (10) day period prescribed by subsection (a), passes the ordinance, order, or resolution over the executive's veto by a two-thirds (2/3) vote.
[Pre-Local Government Recodification Citations: 18-1-3-6 part; 18-1-6-2 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.129.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 6. City Legislative Body › 36-4-6-17. Ordinance Adoption; Recording; Contents of Record; Effect as Evidence

Sec. 17. Within a reasonable time after an ordinance of the legislative body is adopted, the clerk shall record it in a book kept for that purpose. The record must include:
(1) the signature of the presiding officer;
(2) the attestation of the clerk;
(3) the executive's approval or veto of the ordinance;
(4) if applicable, a memorandum of the passage of the ordinance over the veto; and
(5) the date of each recorded item.
The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.
[Pre-Local Government Recodification Citation: 18-1-3-6 part.]
As added by Acts 1980, P.L.212, SEC.3.