CHAPTER 1.5. CHANGING A TOWN INTO A CITY
IC 36-4-1.5
Chapter 1.5. Changing a Town Into a City
IC 36-4-1.5-1
Change of status; town to city
Sec. 1. (a) A town may be changed into a city only as provided inthis chapter.
(b) A town with a population of less than two thousand (2,000)may not be changed into a city.
As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-2
Change of status; procedure
Sec. 2. A town may be changed into a city through the following:
(1) The town legislative body must adopt a resolutionsubmitting to the town's voters the question of whether the townshould be changed into a city. The town legislative body shalladopt a resolution described in this subdivision if at least thenumber of registered voters of the town equal to ten percent(10%) of the total votes cast in the town at the last election forsecretary of state sign a petition requesting the town legislativebody to adopt such a resolution. In determining the number ofsignatures required under this subdivision, any fraction thatexceeds a whole number shall be disregarded.
(2) A resolution adopted under subdivision (1) must fix the datefor an election on the question of whether the town should bechanged into a city. If the election is to be a special election, thedate must be:
(A) not less than thirty (30); and
(B) not more than sixty (60);
days after the notice of the election. If the election is to be onthe same date as a general election, the resolution must statethat fact and be certified in accordance with IC 3-10-9-3.
(3) The town legislative body shall file a copy of the resolutionadopted under subdivision (1) with the circuit court clerk ofeach county in which the town is located. The circuit court clerkshall immediately certify the resolution to the county electionboard.
(4) The county election board shall give notice of the electionin the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies tothe election.
(5) The question described in subdivision (1) shall be placed onthe ballot in the form prescribed by IC 3-10-9-4. The text of thequestion shall be: "Shall the town of _________ change into acity?".
(6) If a majority of the voters voting on the question describedin subdivision (1) vote "yes", the town is changed into a city asprovided in this chapter. If a majority of the voters voting on thequestion vote "no", the town remains a town.
As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-3
Adoption of ordinance
Sec. 3. (a) A town legislative body may satisfy the requirementsof this section in an ordinance adopted either before or after thetown's voters vote on the question described in section 2 of thischapter.
(b) If a resolution is adopted under section 2 of this chapter, thetown legislative body shall adopt an ordinance providing for thetransition from governance as a town to governance as a city. Theordinance adopted under this section must include the followingdetails:
(1) A division of the town into city legislative body districts asprovided in the applicable provisions of IC 36-4-6.
(2) Provisions for the election of the following officers:
(A) The city executive.
(B) The members of the city legislative body.
(C) The city clerk or city clerk-treasurer as appropriate underIC 36-4-10.
(3) The date of the first election of the city officers. The firstelection may be held only on the date of a general election or amunicipal election. Candidates for election to the city officesshall be nominated:
(A) at the corresponding primary election during a generalelection year or a municipal election year; or
(B) as otherwise provided in IC 3.
(4) Subject to section 4 of this chapter, the term of office ofeach city officer elected at the first election of city officers.
(5) Any other details the town legislative body considers usefulin providing for the transition of the town into a city.
(c) An ordinance adopted under this section is effective only if thevoters of the town approve the conversion of the town into a cityunder section 2(6) of this chapter.
(d) The provisions of an ordinance adopted under this section aresubject to all other laws governing the structure of city government.
(e) Subject to this chapter, the town legislative body or the citylegislative body (after the town is changed into a city) may amend anordinance adopted under this section.
As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-4
Newly elected city officers' term of office
Sec. 4. (a) Notwithstanding any other law, the term of office ofthe city officers elected at the first election of city officers held underthe ordinance adopted under section 3 of this chapter:
(1) begins on January 1 after the first election of city officers;and
(2) may not extend after December 31 of the next municipalelection year that occurs after the first election of city officers.
(b) The ordinance adopted under section 3 of this chapter mayprovide for a shorter term of office for specified members of the city
legislative body to stagger terms as permitted under IC 3 andIC 36-4-6 if a general election will occur before the next municipalelection after the first election of city officers.
(c) After the first municipal election after the first election of cityofficers, the term of office of each city officer is four (4) years.
As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-5
Effective date of status change
Sec. 5. A town becomes a city under this chapter on January 1after the first election of city officers under section 4 of this chapter.
As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-6
Continuation of town acts, ordinances, contracts, rules, andregulations
Sec. 6. (a) The acts, contracts, and obligations of a town that ischanged into a city under this chapter become the acts, contracts, andobligations of the city.
(b) The ordinances, rules, and regulations of a town that ischanged into a city under this chapter continue in effect asordinances, rules, and regulations of the city until amended orrepealed.
As added by P.L.111-2005, SEC.2.