CHAPTER 6. CITY LEGISLATIVE BODY
IC 36-4-6
Chapter 6. City Legislative Body
IC 36-4-6-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.42.
IC 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 bodyonly if the person meets the qualifications prescribed by IC 3-8-1-27.
(c) Residency in territory that is annexed by the city before theperson files a declaration of candidacy or petition of nomination isconsidered residency for the purposes of subsection (b), even if theannexation 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 theConstitution of the State of Indiana; and
(2) the district from which the member was elected, ifapplicable.
(e) A member forfeits office if the member ceases to be a residentof 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 andcontinuing until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986,SEC.51; P.L.3-1987, SEC.557.
IC 36-4-6-3
Second class cities; division into six districts; boundaries;legislative body candidates; territory not included in any districtor in more than one district
Sec. 3. (a) This section applies only to second class cities.
(b) The legislative body shall adopt an ordinance to divide the cityinto six (6) districts that:
(1) are composed of contiguous territory, except for territorythat is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided insubsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross aprecinct boundary line if:
(1) more than one (1) member of the legislative body electedfrom the districts established under subsection (b) resides in one(1) precinct established under IC 3-11-1.5 after the most recent
municipal election; and
(2) following the establishment of a legislative body districtwhose boundary crosses a precinct boundary line, not more thanone (1) member of the legislative body elected from districtsresides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross aprecinct line if the districts would not otherwise contain, as nearly asis possible, equal population.
(e) A city legislative body district with a boundary described bysubsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance thatthe census block has no population, and is not likely to everhave population.
(f) The legislative body may not adopt an ordinance dividing thecity into districts with boundaries described by subsection (c) or (d)unless the clerk of the city mails a written notice to the circuit courtclerk. The notice must:
(1) state that the legislative body is considering the adoption ofan ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislativebody adopts the ordinance.
(g) The division under subsection (b) shall be made:
(1) during the second year after a year in which a federaldecennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject toIC 3-11-1.5-32.
(h) The legislative body is composed of six (6) members electedfrom the districts established under subsection (b) and three (3)at-large members.
(i) Each voter of the city may vote for three (3) candidates forat-large membership and one (1) candidate from the district in whichthe voter resides. The three (3) at-large candidates receiving the mostvotes from the whole city and the district candidates receiving themost votes from their respective districts are elected to the legislativebody.
(j) If any territory in the city is not included in one (1) of thedistricts established under this section, the territory is included in thedistrict that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous tothat territory.
(k) If any territory in the city is included in more than one (1) ofthe districts established under this section, the territory is includedin the district that:
(1) is one (1) of the districts in which the territory is describedin the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory.
(l) A copy of the ordinance establishing districts under this sectionmust be filed with the circuit court clerk of the county that containsthe greatest population of the city not later than thirty (30) days afterthe ordinance is adopted.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,P.L.73, SEC.6; P.L.13-1988, SEC.16; P.L.5-1989, SEC.101;P.L.7-1990, SEC.58; P.L.3-1993, SEC.265; P.L.230-2005, SEC.85.
IC 36-4-6-4
Third class cities; division into five districts; boundaries;alternative division into four districts; alternative division intothree districts and two at-large candidates; voting
Sec. 4. (a) This section applies to third class cities, except asprovided by section 5 of this chapter.
(b) This subsection does not apply to a city with an ordinancedescribed by subsection (j) or (m). The legislative body shall adoptan ordinance to divide the city into five (5) districts that:
(1) are composed of contiguous territory, except for territorythat is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided insubsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross aprecinct boundary line if:
(1) more than one (1) member of the legislative body electedfrom the districts established under subsection (b), (j), or (m)resides in one (1) precinct established under IC 3-11-1.5 afterthe most recent municipal election; and
(2) following the establishment of a legislative body districtwhose boundary crosses a precinct boundary line, not more thanone (1) member of the legislative body elected from the districtsresides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross aprecinct line if the districts would not otherwise contain, as nearly asis possible, equal population.
(e) A city legislative body district with a boundary described bysubsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance thatthe census block has no population, and is not likely to everhave population.
(f) The legislative body may not adopt an ordinance dividing thecity into districts with boundaries described by subsection (c) or (d)unless the clerk of the city mails a written notice to the circuit courtclerk. The notice must:
(1) state that the legislative body is considering the adoption ofan ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislative
body adopts the ordinance.
(g) The division under subsection (b), (j), or (m) shall be made:
(1) during the second year after a year in which a federaldecennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject toIC 3-11-1.5-32.
(h) This subsection does not apply to a city with an ordinancedescribed by subsection (j) or (m). The legislative body is composedof five (5) members elected from the districts established undersubsection (b) and two (2) at-large members.
(i) This subsection does not apply to a city with an ordinancedescribed by subsection (j) or (m). Each voter of the city may votefor two (2) candidates for at-large membership and one (1) candidatefrom the district in which the voter resides. The two (2) at-largecandidates receiving the most votes from the whole city and thedistrict candidates receiving the most votes from their respectivedistricts are elected to the legislative body.
(j) A city may adopt an ordinance under this subsection to dividethe city into four (4) districts that:
(1) are composed of contiguous territory;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided insubsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance describedby subsection (j). The legislative body is composed of four (4)members elected from the districts established under subsection (j)and three (3) at-large members.
(l) This subsection applies to a city with an ordinance describedby subsection (j). Each voter of the city may vote for three (3)candidates for at-large membership and one (1) candidate from thedistrict in which the voter resides. The three (3) at-large candidatesreceiving the most votes from the whole city and the districtcandidates receiving the most votes from their respective districts areelected to the legislative body.
(m) This subsection applies only if the ordinance adopted underIC 36-4-1.5-3 by the town legislative body of a town that has apopulation of less than ten thousand (10,000) and that becomes a cityspecifies that the city legislative body districts are governed by thissubsection. The ordinance adopted under IC 36-4-1.5-3(b)(1)dividing the town into city legislative body districts may providethat:
(1) the city shall be divided into three (3) districts that:
(A) are composed of contiguous territory;
(B) are reasonably compact;
(C) do not cross precinct boundary lines, except as providedin subsection (c) or (d); and
(D) contain, as nearly as is possible, equal population; and
(2) the legislative body of the city is composed of three (3)
members elected from the districts established under thissubsection and two (2) at-large members.
Each voter of the city may vote for two (2) candidates for at-largemembership and one (1) candidate from the district in which thevoter resides. The two (2) at-large candidates receiving the mostvotes from the whole city and the district candidates receiving themost votes from their respective districts are elected to the legislativebody.
(n) A copy of the ordinance establishing districts under thissection must be filed with the circuit court clerk of the county thatcontains the greatest population of the city no later than thirty (30)days after the ordinance is adopted.
(o) If any territory in the city is not included in one (1) of thedistricts established under this section, the territory is included in thedistrict that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous tothat territory.
(p) If any territory in the city is included in more than one (1) ofthe districts established under this section, the territory is includedin the district that:
(1) is one (1) of the districts in which the territory is describedin the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous tothat territory.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,P.L.73, SEC.7; Acts 1981, P.L.44, SEC.43; P.L.13-1988, SEC.17;P.L.5-1989, SEC.102; P.L.7-1990, SEC.59; P.L.4-1991, SEC.141;P.L.1-1992, SEC.184; P.L.3-1993, SEC.266; P.L.230-2005, SEC.86;P.L.169-2006, SEC.51.
IC 36-4-6-5
Third class cities having populations of less than 10,000; divisioninto four districts; boundaries; alternative division into threedistricts; voting for legislative body candidates; territory notincluded in any district or included in more than one district
Sec. 5. (a) This section applies to third class cities having apopulation of less than ten thousand (10,000). The legislative bodyof such a city may, by ordinance adopted after June 30, 2010, andduring a year in which an election of the legislative body will notoccur, decide to be governed by this section instead of section 4 ofthis chapter. The legislative body districts created by an ordinanceadopted under this subsection apply to the first election of thelegislative body held after the date the ordinance is adopted. Theclerk of the legislative body shall send a certified copy of anyordinance adopted under this subsection to the secretary of thecounty election board.
(b) This subsection does not apply to a city with an ordinancedescribed by subsection (j). The legislative body shall adopt an
ordinance to divide the city into four (4) districts that:
(1) are composed of contiguous territory, except for territorythat is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines except as provided insubsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(c) The boundary of a city legislative body district may cross aprecinct boundary line if:
(1) more than one (1) member of the legislative body electedfrom the districts established under subsection (b) or (j) residesin one (1) precinct established under IC 3-11-1.5 after the mostrecent municipal election; and
(2) following the establishment of a legislative body districtwhose boundary crosses a precinct boundary line, not more thanone (1) member of the legislative body elected from the districtsresides within the same city legislative body district.
(d) The boundary of a city legislative body district may cross aprecinct line if the districts would not otherwise contain, as nearly asis possible, equal population.
(e) A city legislative body district with a boundary described bysubsection (c) or (d) may not cross a census block boundary line:
(1) except when following a precinct boundary line; or
(2) unless the city legislative body certifies in the ordinance thatthe census block has no population, and is not likely to everhave population.
(f) The legislative body may not adopt an ordinance dividing thecity into districts with boundaries described by subsection (c) or (d)unless the clerk of the city mails a written notice to the circuit courtclerk. The notice must:
(1) state that the legislative body is considering the adoption ofan ordinance described by this subsection; and
(2) be mailed not later than ten (10) days before the legislativebody adopts the ordinance.
(g) The division under subsection (b) or (j) shall be made:
(1) during the second year after a year in which a federaldecennial census is conducted; and
(2) when required to assign annexed territory to a district.
This division may be made at any other time, subject toIC 3-11-1.5-32.
(h) This subsection does not apply to a city with an ordinancedescribed by subsection (j). The legislative body is composed of four(4) members elected from the districts established under subsection(b) and one (1) at-large member.
(i) This subsection does not apply to a city with an ordinancedescribed by subsection (j). Each voter may vote for one (1)candidate for at-large membership and one (1) candidate from thedistrict in which the voter resides. The at-large candidate receivingthe most votes from the whole city and the district candidatesreceiving the most votes from their respective districts are elected to
the legislative body.
(j) A city may adopt an ordinance under this subsection to dividethe city into three (3) districts that:
(1) are composed of contiguous territory, except for territorythat is not contiguous to any other part of the city;
(2) are reasonably compact;
(3) do not cross precinct boundary lines, except as provided insubsection (c) or (d); and
(4) contain, as nearly as is possible, equal population.
(k) This subsection applies to a city with an ordinance describedby subsection (j). The legislative body is composed of three (3)members elected from the districts established under subsection (j)and two (2) at-large members.
(l) This subsection applies to a city with an ordinance describedby subsection (j). Each voter of the city may vote for two (2)candidates for at-large membership and one (1) candidate from thedistrict in which the voter resides. The two (2) at-large candidatesreceiving the most votes from the whole city and the districtcandidates receiving the most votes from their respective districts areelected to the legislative body.
(m) This subsection applies to a city having a population of lessthan seven thousand (7,000). A legislative body of such a city thathas, by resolution adopted before May 7, 1991, decided to continuean election process that permits each voter of the city to vote for one(1) candidate at large and one (1) candidate from each of its four (4)council districts may hold elections using that voting arrangement.The at-large candidate and the candidate from each district receivingthe most votes from the whole city are elected to the legislative body.The districts established in cities adopting such a resolution maycross precinct boundary lines.
(n) A copy of the ordinance establishing districts under thissection must be filed with the circuit court clerk of the county thatcontains the greatest population of the city not later than thirty (30)days after the ordinance is adopted.
(o) If any territory in the city is not included in one (1) of thedistricts established under this section, the territory is included in thedistrict that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous tothat territory.
(p) If any territory in the city is included in more than one (1) ofthe districts established under this section, the territory is includedin the district that:
(1) is one (1) of the districts in which the territory is describedin the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous tothat territory.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,P.L.73, SEC.8; Acts 1981, P.L.44, SEC.44; P.L.13-1988, SEC.18;
P.L.5-1989, SEC.103; P.L.7-1990, SEC.60; P.L.4-1991, SEC.142;P.L.1-1992, SEC.185; P.L.3-1993, SEC.267; P.L.230-2005, SEC.87;P.L.113-2010, SEC.121.
IC 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 he is unable toperform the duties of his 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 orvacate his seat.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-7
Meetings
Sec. 7. (a) The legislative body shall hold its first regular meetingin January after its election. In subsequent months, the legislativebody shall hold regular meetings at least once a month, unless itsrules require more frequent meetings.
(b) A special meeting of the legislative body shall be held whencalled by the city executive or when called under the rules of thelegislative body.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.169-2006,SEC.52.
IC 36-4-6-8
President; vice president; president pro tempore
Sec. 8. (a) This subsection applies only to second class cities. Atits first regular meeting under section 7 of this chapter, and eachsucceeding January, the legislative body shall choose from itsmembers a president and a vice president.
(b) This subsection applies only to third class cities. The cityexecutive shall preside at all meetings of the legislative body, butmay vote only in order to break a tie. At its first regular meetingunder section 7 of this chapter and each succeeding January, thelegislative body shall choose from its members a president protempore to preside whenever the executive is absent.
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.
IC 36-4-6-9
Clerk; duties
Sec. 9. The city clerk is the clerk of the legislative body. He shall:
(1) preserve the legislative body's records in his office;
(2) keep an accurate record of the legislative body'sproceedings;
(3) record the ayes and nays on each vote on an ordinance orresolution; (4) record the ayes and nays on other votes when requested todo so by two (2) or more members;
(5) present ordinances, orders, or resolutions to the cityexecutive under section 15 of this chapter; and
(6) record ordinances under section 17 of this chapter.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-10
Quorum
Sec. 10. A majority of all the elected members of the legislativebody constitutes a quorum.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-11
Majority vote; two-thirds vote
Sec. 11. (a) A requirement that an ordinance, resolution, or otheraction of the legislative body be passed by a majority vote means atleast a majority vote of all the elected members.
(b) A requirement that an ordinance, resolution, or other action ofthe legislative body be passed by a two-thirds (2/3) vote means atleast a two-thirds (2/3) vote of all the elected members.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-12
Ordinance; majority vote
Sec. 12. A majority vote of the legislative body is required to passan ordinance, unless a greater vote is required by statute.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-13
Ordinance; two-thirds vote with unanimous consent of memberspresent
Sec. 13. (a) A two-thirds (2/3) vote of all the elected members,after unanimous consent of the members present to consider theordinance, is required to pass an ordinance of the legislative body onthe same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to a zoning ordinance oramendment to a zoning ordinance that is adopted under IC 36-7.
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.
IC 36-4-6-14
Ordinance, order, or resolution adoption; requirements
Sec. 14. (a) An ordinance, order, or resolution passed by thelegislative body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) either approved by the city executive or passed over theexecutive's veto by the legislative body, under section 16 of thischapter.
If required by statute, an adopted ordinance, order, or resolution must
be promulgated or published before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violationmust, before it takes effect, be published in the manner prescribed byIC 5-3-1, unless:
(1) it is published under subsection (c); or
(2) there is an urgent necessity requiring its immediateeffectiveness, the city executive proclaims the urgent necessity,and copies of the ordinance are posted in three (3) public placesin each of the districts from which members are elected to thelegislative body.
(c) Except as provided in subsection (e), if a city publishes any ofits ordinances in book or pamphlet form, no other publication isrequired. If an ordinance prescribing a penalty or forfeiture for aviolation is published under this subsection, it takes effect two (2)weeks after the publication of the book or pamphlet. Publicationunder this subsection, if authorized by the legislative body,constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly signed, attested,recorded, and approved.
(d) This section does not apply to a zoning ordinance oramendment to a zoning ordinance, or a resolution approving acomprehensive plan, that is adopted under IC 36-7.
(e) An ordinance increasing a building permit fee on newdevelopment must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance isadopted by the legislative body in accordance with IC 5-3-1;and
(2) delay the implementation of the fee increase for ninety (90)days after the date the ordinance is published under subdivision(1).
(f) The legislative body shall:
(1) subject to subsection (g), give written notice to thedepartment of environmental management not later than sixty(60) days before amendment or repeal of an environmentalrestrictive ordinance; and
(2) give written notice to the department of environmentalmanagement not later than thirty (30) days after passage,amendment, or repeal of an environmental restrictive ordinance.
(g) Upon written request by the legislative body, the departmentof environmental management may waive the notice requirement ofsubsection (f)(1).
(h) An environmental restrictive ordinance passed or amendedafter 2009 by the legislative body must state the notice requirementsof subsection (f).
(i) The failure of an environmental restrictive ordinance to complywith subsection (h) does not void the ordinance.As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.335-1985,SEC.36; P.L.100-2003, SEC.2; P.L.78-2009, SEC.25.
IC 36-4-6-15
Ordinance, order, or resolution; presentation to city executive
Sec. 15. After an ordinance, order, or resolution passed by thelegislative body has been signed by the presiding officer, the clerkshall present it to the city executive, and record the time of thepresentation.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-16
Ordinance, order, or resolution; power of city executive to approveor veto
Sec. 16. (a) Within ten (10) days after an ordinance, order, orresolution is presented to him, the city executive shall:
(1) approve the ordinance, order, or resolution, by entering hisapproval on it, signing it, and sending the legislative body amessage announcing his approval; or
(2) veto the ordinance, order, or resolution, by returning it to thelegislative body with a message announcing his veto and statinghis reasons for the veto.
The executive may approve or veto separate items of an ordinanceappropriating money or levying a tax.
(b) If the executive fails to perform his duty under subsection (a),the ordinance, order, or resolution is considered vetoed.
(c) Whenever an ordinance, order, or resolution is vetoed by thecity executive, it is considered defeated unless the legislative body,at its first regular or special meeting after the ten (10) day periodprescribed by subsection (a), passes the ordinance, order, orresolution over his veto by a two-thirds (2/3) vote.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-17
Ordinance adoption; recording; contents of record; effect asevidence
Sec. 17. Within a reasonable time after an ordinance of thelegislative body is adopted, the clerk shall record it in a book kept forthat 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 theordinance over the veto; and
(5) the date of each recorded item.
The record or a certified copy of it constitutes presumptive evidenceof the adoption of the ordinance.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-18 Purposes of ordinance, order, resolution, or motion
Sec. 18. The legislative body may pass ordinances, orders,resolutions, and motions for the government of the city, the controlof the city's property and finances, and the appropriation of money.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-19
Loans and issuance of bonds
Sec. 19. (a) The legislative body may, by ordinance, make loansof money and issue bonds for the purpose of refunding those loans.The loans may be made only for the purpose of procuring money tobe used in the exercise of the powers of the city or for the paymentof city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidenceof the loan;
(2) must include the time and manner of giving notice of thesale of the bonds;
(3) must include the manner in which the bonds will be sold;and
(4) may authorize a total amount for any issue of bonds.
(c) Bonds issued under this section may be sold in parcels of anysize and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by a city under this section:
(1) are negotiable with or without registration, as may beprovided by the ordinance authorizing the issue;
(2) may bear interest at any rate;
(3) may run not longer than thirty (30) years;
(4) may contain an option allowing the city to redeem them inwhole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The city fiscal officer shall:
(1) manage and supervise the preparation, advertisement,negotiations, and sale of bonds under this section, subject to theterms of the ordinance authorizing the sale;
(2) certify the amount the purchaser is to pay, together with thename and address of the purchaser;
(3) receive the amount of payment certified;
(4) deliver the bonds to the purchaser;
(5) take a receipt for the securities delivered;
(6) pay the purchaser's payment into the city treasury; and
(7) report the proceedings in the sale to the legislative body.
The actions of the fiscal officer under this subsection are ministerial.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.173-2003,SEC.26.
IC 36-4-6-20
Temporary or short term loans in anticipation of current revenues
Sec. 20. (a) The legislative body may, by ordinance, make loansof money for not more than five (5) years and issue notes for the
purpose of refunding those loans. The loans may be made only forthe purpose of procuring money to be used in the exercise of thepowers of the city, and the total amount of outstanding loans underthis subsection may not exceed five percent (5%) of the city's totaltax levy in the current year (excluding amounts levied to pay debtservice and lease rentals). Loans under this subsection shall be madein the same manner as loans made under section 19 of this chapter,except that:
(1) the ordinance authorizing the loans must pledge to theirpayment a sufficient amount of tax revenues over the ensuingfive (5) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the city in termsdesignating the nature of the consideration, the time and placepayable, and the revenues out of which they will be payable.
Notes issued under this subsection are not bonded indebtedness forpurposes of IC 6-1.1-18.5.
(b) The legislative body may, by ordinance, make loans and issuenotes for the purpose of refunding those loans in anticipation ofrevenues of the city that are anticipated to be levied and collectedduring the term of the loans. The term of a loan made under thissubsection may not be more than five (5) years. Loans under thissubsection shall be made in the same manner as loans made undersection 19 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate andpledge to their payment a sufficient amount of the revenues inanticipation of which they are issued and out of which they arepayable; and
(2) the loans must be evidenced by time warrants of the city interms designating the nature of the consideration, the time andplace payable, and the revenues in anticipation of which theyare issued and out of which they are payable.
(c) An action to contest the validity of a loan made under thissection must be brought within fifteen (15) days from the day onwhich the ordinance is adopted.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982,P.L.209, SEC.1; P.L.37-1988, SEC.23; P.L.35-1990, SEC.44;P.L.40-1996, SEC.9.
IC 36-4-6-21
Investigative powers of legislative body
Sec. 21. (a) The legislative body may investigate:
(1) the departments, officers, and employees of the city;
(2) any charges against a department, officer, or employee ofthe city; and
(3) the affairs of a person with whom the city has entered or isabout to enter into a contract.
(b) When conducting an investigation under this section, thelegislative body:
(1) is entitled to access to all records pertaining to theinvestigation; and (2) may compel the attendance of witnesses and the productionof evidence by subpoena and attachment served and executedin the county in which the city is located.
(c) If a person refuses to testify or produce evidence at aninvestigation conducted under this section, the legislative body mayorder its clerk to immediately present to the circuit court of thecounty a written report of the facts relating to the refusal. The courtshall hear all questions relating to the refusal to testify or produceevidence, and shall also hear any new evidence not included in theclerk's report. If the court finds that the testimony or evidence soughtshould be given or produced, it shall order the person to testify orproduce the evidence, or both.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,P.L.73, SEC.9; Acts 1981, P.L.11, SEC.163.
IC 36-4-6-22
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-4-6-23
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-4-6-24
Attorneys and legal research assistants
Sec. 24. (a) The legislative body may hire or contract withcompetent attorneys and legal research assistants on terms itconsiders appropriate.
(b) Employment of an attorney under this section does not affectthe city department of law established under IC 36-4-9.
(c) Appropriations for salaries of attorneys and legal researchassistants employed under this section may not exceed theappropriations for similar salaries in the budget of the citydepartment of law.
As added by Acts 1980, P.L.212, SEC.3.