IC 36-4
    ARTICLE 4. GOVERNMENT OF CITIES ANDTOWNS GENERALLY

IC 36-4-1
    Chapter 1. Classification of Municipalities; City Status and TownStatus

IC 36-4-1-1 Version a
Basis of classification
    Note: This version of section amended by P.L.64-2004, SEC.34.See also following version of this section amended by P.L.81-2004,SEC.46.
    Sec. 1. (a) Municipalities are classified according to their statusand population as follows:
    STATUS AND POPULATION    CLASS
    Cities of 600,000 or more    First class cities
    Cities of 35,000 to 599,999    Second class cities
    Cities of less than 35,000    Third class cities
    Other municipalities of any
    population    Towns
    (b) Except as provided in subsection (c), a city that attains apopulation of thirty-five thousand (35,000) remains a second classcity even though its population decreases to less than thirty-fivethousand (35,000) at the next federal decennial census.
    (c) The legislative body of a city to which subsection (b) appliesmay, by ordinance, adopt third class city status.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2;P.L.64-2004, SEC.34.

IC 36-4-1-1 Version b
Basis of classification
    Note: This version of section amended by P.L.81-2004, SEC.46.See also preceding version of this section amended by P.L.64-2004,SEC.34.
    Sec. 1. (a) Municipalities are classified according to their statusand population as follows:
    STATUS AND POPULATION    CLASS
    Cities of 500,000 or more    First class cities
    Cities of 35,000 to 499,999    Second class cities
    Cities of less than 35,000    Third class cities
    Other municipalities of any
    population    Towns
    (b) Except as provided in subsection (c), a city that attains apopulation of thirty-five thousand (35,000) remains a second classcity even though its population decreases to less than thirty-fivethousand (35,000) at the next federal decennial census.
    (c) The legislative body of a city to which subsection (b) applies

may, by ordinance, adopt third class city status.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2;P.L.81-2004, SEC.46.

IC 36-4-1-1.1
Change of status to second class city
    Sec. 1.1. (a) Except as provided in subsection (b), a third classcity remains a third class city even though the city attains apopulation of at least thirty-five thousand (35,000) at a federaldecennial census.
    (b) The legislative body of a city to which subsection (a) appliesmay, by ordinance, adopt second class city status.
As added by P.L.209-1999, SEC.1.

IC 36-4-1-2
Repealed
    (Repealed by Acts 1981, P.L.44, SEC.61.)

IC 36-4-1-2.1
Certain localities governed as cities; validation of elections,contracts, and official proceedings
    Sec. 2.1. Any locality that has elected city officers, and hasgoverned itself as a city, for at least ten (10) years immediatelypreceding September 1, 1981, is a city for all purposes. All elections,contracts, acts, and other official proceedings of such a locality thatoccurred before September 1, 1981, and would have been valid if thelocality had been a city, are legalized and validated.
As added by Acts 1981, P.L.44, SEC.38.

IC 36-4-1-3
Repealed
    (Repealed by P.L.111-2005, SEC.8.)

IC 36-4-1-4
Repealed
    (Repealed by P.L.111-2005, SEC.8.)

IC 36-4-1-4.1
Repealed
    (Repealed by P.L.111-2005, SEC.8.)

IC 36-4-1-5
Repealed
    (Repealed by P.L.111-2005, SEC.8.)

IC 36-4-1-6
Petition to change city to town; summons; trial; issue; order;transition; provisional government
    Sec. 6. (a) A petition to change a city into a town may be filed as

a civil action in the circuit court for the county in which the city islocated. The petition must be signed by at least two-thirds (2/3) ofthe taxpayers twenty-one (21) years of age or older who reside in thecity.
    (b) Whenever a petition is filed under this section, the clerk of thecircuit court shall issue a summons to the city in its corporate name.A taxpayer who signed the petition may not withdraw his signatureon or after the return date of the summons.
    (c) An action under this section shall be tried by the court withouta jury, and the only issue to be determined is whether the petitioncontains the genuine signatures of the number of taxpayers required.If the court finds in the affirmative, it shall enter an order changingthe city into a town.
    (d) After an order is entered under subsection (c), the executiveand the legislative body of the municipality shall organize as a townlegislative body, with the executive becoming the town executive,and the remaining officers of the municipality shall exercise only thefunctions that may be exercised by the corresponding town officers.If none of the functions of a city officer or board is exercised undera town government, that officer or board shall immediately file afinal report with and turn over all records and property in his or itscustody to the town legislative body. After the final report of aformer city officer or board is approved by the town legislative body,that office or board is abolished.
    (e) The provisional town government provided for in subsection(d) shall serve until the time prescribed by IC 3-10-6-5 for a regulartown election.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1983,SEC.11; P.L.5-1986, SEC.43.

IC 36-4-1-7
Petition to change name of city; hearing; ordinance
    Sec. 7. (a) A petition to change the name of a city may be filedwith the city legislative body. The petition must:
        (1) be signed by at least five hundred (500) voters of the city,or, in a city having less than five hundred (500) registeredvoters at the time of the most recent general election, by at leastten percent (10%) of those voters;
        (2) be verified by one (1) or more of the petitioners; and
        (3) set forth reasons for the change of name.
    (b) If the legislative body considers the reasons set forth in thepetition sufficient, it shall conduct a public hearing on the petitionafter giving notice by publication in the manner prescribed byIC 5-3-1.
    (c) If after the hearing the legislative body finds that the mattersset forth in the petition are true and that the requested change ofname should be granted, it shall pass an ordinance changing the nameof the city. The change of name takes effect sixty (60) days after theeffective date of the ordinance.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,

P.L.45, SEC.12.

IC 36-4-1-8
Classification change due to population change; applicable laws
    Sec. 8. (a) Whenever the classification of a city under section 1 ofthis chapter changes due to a change in the city's population, the cityshall be governed by the laws applicable to its new class, except asprovided by subsection (b).
    (b) The membership of a city legislative body remains unchangeduntil the expiration of the terms of its members, despite a change inthe classification of the city for any reason. At the municipal electionpreceding the expiration of those terms, the number of members ofthe legislative body required by the laws applicable to its new classshall be elected. The powers, duties, functions, and office of anelected official of a city shall remain unchanged until the expirationof the term of the elected official, despite a change in cityclassification for any reason.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.40; P.L.209-1999, SEC.2.

IC 36-4-1-9
Continuation of prior acts, contracts, obligations, ordinances, andregulations
    Sec. 9. The validity of the prior acts, contracts, and obligations ofa city that changes its status, name, or classification under thischapter is not affected by that change. The ordinances, rules, andregulations of the city continue in effect until amended or repealed.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.111-2005,SEC.1.