IC 36-3-4-1 Application of chapter
Sec. 1. This chapter applies to each consolidated city and its
county. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-2 City-county council; membership; election; eligibility; vacancy;
term of office
Sec. 2. (a) A twenty-nine (29) member city-county council, which
is the legislative body of both the consolidated city and the county,
shall be elected under IC 3-10-6 by the voters of the county.
(b) To be eligible to serve as a member of the legislative body, a
person must meet the qualifications prescribed by IC 3-8-1-25.
(c) A member of the legislative body must reside within:
(1) the county 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.
(d) A vacancy in the legislative body occurs whenever a member:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the county or district from which
the member was elected; or
(3) is incapacitated to the extent that the member is unable to
perform the member's duties for more than six (6) months.
(e) The vacancy shall be filled under IC 3-13-8.
(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. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.5-1986,
SEC.40; P.L.3-1987, SEC.552.
IC 36-3-4-3 City-county legislative body; division of county into districts;
composition of body; election; petition for division of county
Sec. 3. (a) The city-county legislative body shall, by ordinance,
divide the whole county into twenty-five (25) districts that:
(1) are compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) do not cross precinct boundary lines.
This division shall be made during the second year after a year in
which a federal decennial census is conducted and may also be made
at any other time, subject to IC 3-11-1.5-32.
(b) The legislative body is composed of twenty-five (25) members
elected from the districts established under subsection (a) and four
(4) members elected from an at-large district containing the whole
county.
(c) Each voter of the county may vote for four (4) candidates for
at-large membership and one (1) candidate from the district in which
the voter resides. The four (4) at-large candidates receiving the most
votes from the whole county and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(d) If the legislative body fails to make the division before the
date prescribed by subsection (a) or the division is alleged to violate
subsection (a) or other law, a taxpayer or registered voter of the
county may petition the superior court of the county to hear and
determine the matter. The court shall hear and determine the matter
as 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. There
may not be a change of venue from the court or from the county. The
court may appoint a master to assist in its determination and may
draw proper district boundaries if necessary. An appeal from the
court's judgment must be taken within thirty (30) days, directly to the
supreme court, in the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance or
court judgment determining districts that is in effect on the date of
the election is valid, regardless of whether the ordinance or judgment
is later determined to be invalid. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.2; P.L.346-1983, SEC.2; P.L.5-1986, SEC.41;
P.L.13-1988, SEC.15; P.L.230-2005, SEC.84; P.L.141-2007, SEC.2.
IC 36-3-4-3.5 Territories not included in any district or more than one district
Sec. 3.5. (a) If any territory in any county is not included in one
(1) of the districts established under section 3 of this chapter, the
territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to
that territory.
(b) If any territory in any county is included in more than one (1)
of the districts established under section 3 of this chapter, the
territory is included in the district that:
(1) is one (1) of the districts in which the territory is described
in the ordinance adopted under section 3 of this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory. As added by P.L.3-1993, SEC.260.
IC 36-3-4-4 City-county legislative body; expulsion of member; declaration of
vacancy; rules
Sec. 4. The city-county 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 to
perform the duties of his office; and
(3) adopt its own rules to govern proceedings under this
subsection.
However, a two-thirds (2/3) vote is required to expel a member or
vacate his seat. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-5 Special service district council; composition
Sec. 5. (a) Each special service district of the consolidated city
has a special service district council, which is the legislative body of
the special service district, but only for the purposes prescribed by
section 18(b) of this chapter.
(b) A special service district legislative body is composed of every
member of the city-county legislative body. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.3; P.L.346-1983, SEC.1.
IC 36-3-4-6 Meetings
Sec. 6. (a) The city-county legislative body shall hold regular
meetings at least once a month, at times and places prescribed by its
rules or established by resolution. A special service district
legislative body shall meet as required by IC 36-3-6.
(b) A special meeting of a legislative body shall be held when
called by its president or presiding officer or when called by at least
two-fifths (2/5) of its members, at any place in the county designated
in the call.
(c) No notice of a regular meeting, or meeting required by statute,
need be given to a member of a legislative body. For a special
meeting, a written notice specifying the time and place of the
meeting must be delivered, mailed, or sent by telegram to all
members so that each member has at least seventy-two (72) hours
notice of the meeting. However, this requirement is waived as to a
member if he:
(1) attends the meeting; or
(2) executes a written waiver of notice of the time and place of
the meeting.
A written waiver of notice may be executed before or after the
meeting, but it must state in general terms the purpose of the meeting
if executed after the meeting. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-7 Election of president and officers of city-county legislative body
Sec. 7. At its regular meeting in January each year, the city-county
legislative body shall elect a president and other officers as it sees fit. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-8 Clerk of city-county legislative body; appointment; duties
Sec. 8. (a) The city-county legislative body shall appoint a clerk
for a term of one (1) year. The clerk serves at the pleasure of the
legislative body and continues in office until his successor is
appointed and qualified.
(b) The clerk is the clerk of the consolidated city. He shall:
(1) act as secretary to the legislative body;
(2) send out all notices of its meetings;
(3) keep all its records;
(4) present ordinances and resolutions to the executive under
section 15 of this chapter; and
(5) perform other duties connected with the work of the
legislative body that are delegated to him by it. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-8.5 Employment of attorneys or legal research assistants
Sec. 8.5. (a) A clerk may hire or contract with competent
attorneys or legal research assistants on terms the clerk considers
appropriate.
(b) Appropriations for the salaries of attorneys and legal research
assistants employed under this section shall be approved in the
annual budget. As added by P.L.69-1995, SEC.4.
IC 36-3-4-9 Quorum
Sec. 9. A majority of all the elected members of a legislative body
constitutes a quorum. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-10 Ordinance or resolution; majority vote; two-thirds vote
Sec. 10. (a) A requirement that an ordinance or resolution of a
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 or resolution of a legislative
body be passed by a two-thirds (2/3) vote means at least a two-thirds
(2/3) vote of all the elected members. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-11 Ordinance or resolution; majority vote; joint passage
Sec. 11. (a) A majority vote of a legislative body is required to
pass an ordinance or resolution, unless a greater vote is required by
statute.
(b) Any two (2) or more ordinances or resolutions may be jointly
passed by the same vote of a legislative body. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-12 Ordinance requiring two-thirds vote with unanimous consent of
members present
Sec. 12. (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 a legislative body on
the same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to an ordinance that is:
(1) initiated by a director, board, or commission and does not
provide for an appropriation or tax levy or the incurring of any
general obligation indebtedness; or
(2) for a reappropriation or transfer of money previously
appropriated by the annual budget ordinance.
Such an ordinance may be passed by a majority vote on the same day
or at the same meeting at which it is introduced.
(c) Subsection (a) does not apply to a zoning ordinance or
amendment to a zoning ordinance that is adopted under IC 36-7. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1982,
P.L.33, SEC.20; P.L.335-1985, SEC.33.
IC 36-3-4-13 Ordinance or resolution; public hearing requirement
Sec. 13. (a) The city-county legislative body need not hold a
hearing before passing any ordinance, except an ordinance that:
(1) provides for the annual budget and tax levy;
(2) appropriates previously unappropriated monies; or
(3) provides for any general obligation indebtedness.
(b) Whenever a legislative body is required by statute to hold a
public hearing before passing an ordinance or resolution, a hearing
held by a committee of the legislative body meets the requirement. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-14 Ordinance or resolution adoption; requirements
Sec. 14. (a) An ordinance or resolution passed by a legislative
body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) if subject to veto, either approved by the executive or passed
over the executive's veto by the legislative body, under section
16 of this chapter.
(b) All ordinances and resolutions of a legislative body are subject
to veto, except the following:
(1) An ordinance or resolution, or part of either, providing for
the budget or appropriating money for an office or officer of the
county provided for by the Constitution of Indiana or for a
judicial office or officer.
(2) An ordinance or resolution approving or modifying the
budget of a political subdivision that the legislative body is
permitted by statute to review.
(3) A resolution making an appointment that the legislative
body is authorized to make.
(4) A resolution selecting officers or employees of the
legislative body.
(5) A resolution prescribing rules for the internal management
of the legislative body.
(6) A zoning ordinance or amendment to a zoning ordinance, or
a resolution approving a comprehensive plan, that is adopted
under IC 36-7.
(c) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published in the manner prescribed by
IC 5-3-1, unless:
(1) it is published under subsection (d); or
(2) there is an urgent necessity requiring its immediate
effectiveness, the executive proclaims the urgent necessity, and
copies of the ordinance are posted in three (3) public places in
the county.
(d) If a legislative body publishes any of its ordinances in book or
pamphlet form, no other publication is required. If an ordinance
prescribing a penalty or forfeiture for a violation is published under
this subsection, it takes effect two (2) weeks after the publication of
the book or pamphlet. Publication under 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.
(e) Unless a legislative body provides in an ordinance or
resolution for a later effective date, the ordinance or resolution takes
effect when it is adopted, subject to subsections (c) and (d).
(f) Subsections (a), (c), (d), and (e) do not apply to zoning
ordinances or amendments to zoning ordinances, or resolutions
approving comprehensive plans, that are adopted under IC 36-7.
(g) The legislative body shall:
(1) subject to subsection (h), give written notice to the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(2) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(h) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement of
subsection (g)(1).
(i) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice requirements
of subsection (g).
(j) The failure of an environmental restrictive ordinance to comply
with subsection (i) does not void the ordinance. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.335-1985,
SEC.34; P.L.78-2009, SEC.24.
IC 36-3-4-15 Ordinance or resolution; passage and presentation
Sec. 15. After an ordinance or resolution subject to veto has been
passed by the city-county legislative body and signed by the
presiding officer, the clerk shall present it to the executive, noting on
it the time of both the passage and the presentation. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-16 Ordinance or resolution; approval or veto; executive's failure to
perform duty; passage over veto
Sec. 16. (a) Within ten (10) days after an ordinance or resolution
is presented to him, the executive shall:
(1) approve the ordinance or resolution, by entering his
approval on it, signing it, and sending the legislative body a
message announcing his approval; or
(2) veto the ordinance or resolution, by returning it to the
legislative body with a message announcing his veto and stating
his 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 his duty under subsection (a),
the ordinance or resolution is considered vetoed.
(c) Whenever an ordinance 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 or resolution over
his veto by a two-thirds (2/3) vote. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-17 Recording of adopted ordinance
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. As added by Acts 1980, P.L.212, SEC.2. IC 36-3-4-18 City-county legislative body; ordinances and resolutions; permitted
acts; special service district legislative body; powers
Sec. 18. (a) The city-county legislative body may pass ordinances
and resolutions for the government of the consolidated city and the
county. The legislative body:
(1) alone may approve budgets, levy taxes, and make
appropriations for the consolidated city, its departments, and its
special taxing districts, except the appropriation of the proceeds
of the bonds of a special taxing district if the legislative body
has approved the bond issue;
(2) may make loans for the consolidated city under sections 21
and 22 of this chapter;
(3) alone may approve budgets, levy taxes, and make
appropriations for the county;
(4) may make loans for the county under IC 36-2-6-20;
(5) may pass ordinances prescribing a penalty or forfeiture for
violation;
(6) may establish committees having powers as prescribed by
ordinance; and
(7) may prescribe rules for its internal management.
(b) The special service district legislative body of any special
service district shall, with respect to such district, have exclusive
power by ordinance to approve its budget and make appropriations
and tax levies required to be made under the provisions of this title.
No special service district legislative body shall have authority to
originate or separately to adopt any other ordinance. However, any
ordinance adopted by the city-county legislative body relating solely
or exclusively to a special service district shall be suspended and of
no effect until separately approved and concurred in by a majority of
a special service district legislative body when, but only when, the
Constitution of the United States or the Constitution of Indiana
prohibits such taking effect without such approval. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-19 City-county legislative body; statutory powers and duties
Sec. 19. (a) The city-county legislative body shall perform the
duties and may exercise the powers prescribed by statute for:
(1) the common council of a first class city; or
(2) the county council of the county.
(b) The city-county legislative body may exercise any power
prescribed for the board of commissioners of the county by statute:
(1) to pass any ordinance; or
(2) to pass any rule or regulation prescribing a penalty. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-20 City-county legislative body; statutory appointments
Sec. 20. The city-county legislative body shall make all
appointments required by statute to be made by it or by:
(1) the common council of a first class city; or
(2) the county council of the county. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-21 City-county legislative body; making loans and issuing bonds by
ordinance; procedure for issuing bonds
Sec. 21. (a) The city-county legislative body may, by ordinance,
make loans of money for the consolidated city and issue bonds for
the purpose of refunding those loans. The loans may be made only
for the purpose of procuring money to be used in the exercise of the
powers of the city and for the payment of city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidence
of the loan;
(2) must include the time and manner of giving notice of the
sale 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 any
size and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by the city under this section:
(1) are negotiable with or without registration, as may be
provided 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 in
whole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The fiscal officer of the consolidated city shall:
(1) manage and supervise the preparation, advertisement,
negotiations, and sale of bonds under this section, subject to the
terms of the ordinance authorizing the sale;
(2) deliver them to the county treasurer after they have been
properly executed and shall take his receipt for them; and
(3) when a contract for the sale of all or any part of the bonds
is consummated, certify to the county treasurer the amount the
purchaser is to pay, together with the name and address of the
purchaser.
The county treasurer shall then receive from the purchaser the
amount certified by the fiscal officer, deliver the bonds to the
purchaser, and take the purchaser's receipt for the bonds. The fiscal
officer and county treasurer shall then report the proceedings in the
sale to the legislative body. However, if the county treasurer is not
present to receive the properly executed bonds from the fiscal officer
or to issue the bonds, the fiscal officer shall perform his duties under
this subsection. As added by Acts 1980, P.L.212, SEC.2. IC 36-3-4-22 City-county legislative body; temporary or short-term loans in
anticipation of current revenues; procedures
Sec. 22. (a) The city-county legislative body may, by ordinance,
make temporary loans in anticipation of current revenues of the
consolidated city that have been levied and are being collected for
the fiscal year in which the loans are made. Loans under this
subsection shall be made in the same manner as loans under section
21 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate and
pledge to their payment a sufficient amount of the revenues in
anticipation of which they are issued and out of which they are
payable; and
(2) the loans must be evidenced by time warrants of the city in
terms designating the nature of the consideration, the time and
place payable, and the revenues in anticipation of which they
are issued and out of which they are payable.
(b) The city-county legislative body may, by ordinance, make
loans of money for not more than five (5) years and issue notes for
the purpose of refunding those loans. The loans may be made only
for the purpose of procuring money to be used in the exercise of the
powers of the consolidated city, and the total amount of outstanding
loans under this subsection may not exceed five percent (5%) of the
consolidated city's total tax levy in the current year (excluding
amounts levied to pay debt service and lease rentals). Loans under
this subsection shall be made in the same manner as loans made
under section 21 of this chapter, except that:
(1) the ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing
five (5) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the consolidated
city in terms designating the nature of the consideration, the
time and place payable, and the revenues out of which they will
be payable.
Notes issued under this subsection are not bonded indebtedness for
purposes of IC 6-1.1-18.5. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.37-1988,
SEC.22; P.L.2-1989, SEC.24.
IC 36-3-4-23 City-county legislative body; creation of agencies; transfer of
agency powers
Sec. 23. (a) The city-county legislative body may, by ordinance:
(1) create or terminate departments, divisions, offices,
community councils, and other agencies of the consolidated
city; and
(2) transfer to or from those agencies any powers, duties,
functions, or obligations.
(b) The powers granted by subsection (a) may not be applied to:
(1) the department of public utilities of the consolidated city;
(2) offices established by the Constitution of Indiana; or
(3) agencies of municipal corporations other than the
consolidated city. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-24 Departments; investigation of policies and expenditures; audit of
books and records; other investigations
Sec. 24. (a) For each department of the consolidated city, the
city-county legislative body shall establish a standing committee,
having at least three (3) members, to investigate the policies and
expenditures of the department.
(b) The legislative body or its committee may:
(1) hire an internal auditor or an independent certified public
accountant, or both, to examine the books and records of the
consolidated city, any of its special service districts or special
taxing districts, and the county;
(2) investigate any charges against a department, officer, or
employee of the consolidated city, or any of its special service
districts or special taxing districts, or the county; and
(3) investigate the affairs of a person with whom a city or
county agency has entered or is about to enter into a contract.
(c) When conducting an investigation under this section, the
legislative body or its committee:
(1) is entitled to access to all records pertaining to the
investigation; and
(2) may compel the attendance of witnesses and the production
of evidence by subpoena and attachment served and executed
in the county.
(d) If a person refuses to testify or produce evidence at an
investigation conducted under this section, the legislative body may
order its clerk to immediately present to the circuit court of the
county a written report of the facts relating to the refusal. The court
shall hear all questions relating to the refusal to testify or produce
evidence and shall also hear any new evidence not included in the
clerk's report. If the court finds that the testimony or evidence sought
should be given or produced, it shall order the person to testify or
produce evidence, or both. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.4; P.L.14-2000, SEC.79.
IC 36-3-4-25
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-3-4-26
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-3-4-1 Application of chapter
Sec. 1. This chapter applies to each consolidated city and its
county. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-2 City-county council; membership; election; eligibility; vacancy;
term of office
Sec. 2. (a) A twenty-nine (29) member city-county council, which
is the legislative body of both the consolidated city and the county,
shall be elected under IC 3-10-6 by the voters of the county.
(b) To be eligible to serve as a member of the legislative body, a
person must meet the qualifications prescribed by IC 3-8-1-25.
(c) A member of the legislative body must reside within:
(1) the county 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.
(d) A vacancy in the legislative body occurs whenever a member:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the county or district from which
the member was elected; or
(3) is incapacitated to the extent that the member is unable to
perform the member's duties for more than six (6) months.
(e) The vacancy shall be filled under IC 3-13-8.
(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. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.5-1986,
SEC.40; P.L.3-1987, SEC.552.
IC 36-3-4-3 City-county legislative body; division of county into districts;
composition of body; election; petition for division of county
Sec. 3. (a) The city-county legislative body shall, by ordinance,
divide the whole county into twenty-five (25) districts that:
(1) are compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) do not cross precinct boundary lines.
This division shall be made during the second year after a year in
which a federal decennial census is conducted and may also be made
at any other time, subject to IC 3-11-1.5-32.
(b) The legislative body is composed of twenty-five (25) members
elected from the districts established under subsection (a) and four
(4) members elected from an at-large district containing the whole
county.
(c) Each voter of the county may vote for four (4) candidates for
at-large membership and one (1) candidate from the district in which
the voter resides. The four (4) at-large candidates receiving the most
votes from the whole county and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(d) If the legislative body fails to make the division before the
date prescribed by subsection (a) or the division is alleged to violate
subsection (a) or other law, a taxpayer or registered voter of the
county may petition the superior court of the county to hear and
determine the matter. The court shall hear and determine the matter
as 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. There
may not be a change of venue from the court or from the county. The
court may appoint a master to assist in its determination and may
draw proper district boundaries if necessary. An appeal from the
court's judgment must be taken within thirty (30) days, directly to the
supreme court, in the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance or
court judgment determining districts that is in effect on the date of
the election is valid, regardless of whether the ordinance or judgment
is later determined to be invalid. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.2; P.L.346-1983, SEC.2; P.L.5-1986, SEC.41;
P.L.13-1988, SEC.15; P.L.230-2005, SEC.84; P.L.141-2007, SEC.2.
IC 36-3-4-3.5 Territories not included in any district or more than one district
Sec. 3.5. (a) If any territory in any county is not included in one
(1) of the districts established under section 3 of this chapter, the
territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to
that territory.
(b) If any territory in any county is included in more than one (1)
of the districts established under section 3 of this chapter, the
territory is included in the district that:
(1) is one (1) of the districts in which the territory is described
in the ordinance adopted under section 3 of this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory. As added by P.L.3-1993, SEC.260.
IC 36-3-4-4 City-county legislative body; expulsion of member; declaration of
vacancy; rules
Sec. 4. The city-county 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 to
perform the duties of his office; and
(3) adopt its own rules to govern proceedings under this
subsection.
However, a two-thirds (2/3) vote is required to expel a member or
vacate his seat. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-5 Special service district council; composition
Sec. 5. (a) Each special service district of the consolidated city
has a special service district council, which is the legislative body of
the special service district, but only for the purposes prescribed by
section 18(b) of this chapter.
(b) A special service district legislative body is composed of every
member of the city-county legislative body. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.3; P.L.346-1983, SEC.1.
IC 36-3-4-6 Meetings
Sec. 6. (a) The city-county legislative body shall hold regular
meetings at least once a month, at times and places prescribed by its
rules or established by resolution. A special service district
legislative body shall meet as required by IC 36-3-6.
(b) A special meeting of a legislative body shall be held when
called by its president or presiding officer or when called by at least
two-fifths (2/5) of its members, at any place in the county designated
in the call.
(c) No notice of a regular meeting, or meeting required by statute,
need be given to a member of a legislative body. For a special
meeting, a written notice specifying the time and place of the
meeting must be delivered, mailed, or sent by telegram to all
members so that each member has at least seventy-two (72) hours
notice of the meeting. However, this requirement is waived as to a
member if he:
(1) attends the meeting; or
(2) executes a written waiver of notice of the time and place of
the meeting.
A written waiver of notice may be executed before or after the
meeting, but it must state in general terms the purpose of the meeting
if executed after the meeting. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-7 Election of president and officers of city-county legislative body
Sec. 7. At its regular meeting in January each year, the city-county
legislative body shall elect a president and other officers as it sees fit. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-8 Clerk of city-county legislative body; appointment; duties
Sec. 8. (a) The city-county legislative body shall appoint a clerk
for a term of one (1) year. The clerk serves at the pleasure of the
legislative body and continues in office until his successor is
appointed and qualified.
(b) The clerk is the clerk of the consolidated city. He shall:
(1) act as secretary to the legislative body;
(2) send out all notices of its meetings;
(3) keep all its records;
(4) present ordinances and resolutions to the executive under
section 15 of this chapter; and
(5) perform other duties connected with the work of the
legislative body that are delegated to him by it. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-8.5 Employment of attorneys or legal research assistants
Sec. 8.5. (a) A clerk may hire or contract with competent
attorneys or legal research assistants on terms the clerk considers
appropriate.
(b) Appropriations for the salaries of attorneys and legal research
assistants employed under this section shall be approved in the
annual budget. As added by P.L.69-1995, SEC.4.
IC 36-3-4-9 Quorum
Sec. 9. A majority of all the elected members of a legislative body
constitutes a quorum. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-10 Ordinance or resolution; majority vote; two-thirds vote
Sec. 10. (a) A requirement that an ordinance or resolution of a
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 or resolution of a legislative
body be passed by a two-thirds (2/3) vote means at least a two-thirds
(2/3) vote of all the elected members. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-11 Ordinance or resolution; majority vote; joint passage
Sec. 11. (a) A majority vote of a legislative body is required to
pass an ordinance or resolution, unless a greater vote is required by
statute.
(b) Any two (2) or more ordinances or resolutions may be jointly
passed by the same vote of a legislative body. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-12 Ordinance requiring two-thirds vote with unanimous consent of
members present
Sec. 12. (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 a legislative body on
the same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to an ordinance that is:
(1) initiated by a director, board, or commission and does not
provide for an appropriation or tax levy or the incurring of any
general obligation indebtedness; or
(2) for a reappropriation or transfer of money previously
appropriated by the annual budget ordinance.
Such an ordinance may be passed by a majority vote on the same day
or at the same meeting at which it is introduced.
(c) Subsection (a) does not apply to a zoning ordinance or
amendment to a zoning ordinance that is adopted under IC 36-7. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1982,
P.L.33, SEC.20; P.L.335-1985, SEC.33.
IC 36-3-4-13 Ordinance or resolution; public hearing requirement
Sec. 13. (a) The city-county legislative body need not hold a
hearing before passing any ordinance, except an ordinance that:
(1) provides for the annual budget and tax levy;
(2) appropriates previously unappropriated monies; or
(3) provides for any general obligation indebtedness.
(b) Whenever a legislative body is required by statute to hold a
public hearing before passing an ordinance or resolution, a hearing
held by a committee of the legislative body meets the requirement. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-14 Ordinance or resolution adoption; requirements
Sec. 14. (a) An ordinance or resolution passed by a legislative
body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) if subject to veto, either approved by the executive or passed
over the executive's veto by the legislative body, under section
16 of this chapter.
(b) All ordinances and resolutions of a legislative body are subject
to veto, except the following:
(1) An ordinance or resolution, or part of either, providing for
the budget or appropriating money for an office or officer of the
county provided for by the Constitution of Indiana or for a
judicial office or officer.
(2) An ordinance or resolution approving or modifying the
budget of a political subdivision that the legislative body is
permitted by statute to review.
(3) A resolution making an appointment that the legislative
body is authorized to make.
(4) A resolution selecting officers or employees of the
legislative body.
(5) A resolution prescribing rules for the internal management
of the legislative body.
(6) A zoning ordinance or amendment to a zoning ordinance, or
a resolution approving a comprehensive plan, that is adopted
under IC 36-7.
(c) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published in the manner prescribed by
IC 5-3-1, unless:
(1) it is published under subsection (d); or
(2) there is an urgent necessity requiring its immediate
effectiveness, the executive proclaims the urgent necessity, and
copies of the ordinance are posted in three (3) public places in
the county.
(d) If a legislative body publishes any of its ordinances in book or
pamphlet form, no other publication is required. If an ordinance
prescribing a penalty or forfeiture for a violation is published under
this subsection, it takes effect two (2) weeks after the publication of
the book or pamphlet. Publication under 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.
(e) Unless a legislative body provides in an ordinance or
resolution for a later effective date, the ordinance or resolution takes
effect when it is adopted, subject to subsections (c) and (d).
(f) Subsections (a), (c), (d), and (e) do not apply to zoning
ordinances or amendments to zoning ordinances, or resolutions
approving comprehensive plans, that are adopted under IC 36-7.
(g) The legislative body shall:
(1) subject to subsection (h), give written notice to the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(2) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(h) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement of
subsection (g)(1).
(i) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice requirements
of subsection (g).
(j) The failure of an environmental restrictive ordinance to comply
with subsection (i) does not void the ordinance. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.335-1985,
SEC.34; P.L.78-2009, SEC.24.
IC 36-3-4-15 Ordinance or resolution; passage and presentation
Sec. 15. After an ordinance or resolution subject to veto has been
passed by the city-county legislative body and signed by the
presiding officer, the clerk shall present it to the executive, noting on
it the time of both the passage and the presentation. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-16 Ordinance or resolution; approval or veto; executive's failure to
perform duty; passage over veto
Sec. 16. (a) Within ten (10) days after an ordinance or resolution
is presented to him, the executive shall:
(1) approve the ordinance or resolution, by entering his
approval on it, signing it, and sending the legislative body a
message announcing his approval; or
(2) veto the ordinance or resolution, by returning it to the
legislative body with a message announcing his veto and stating
his 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 his duty under subsection (a),
the ordinance or resolution is considered vetoed.
(c) Whenever an ordinance 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 or resolution over
his veto by a two-thirds (2/3) vote. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-17 Recording of adopted ordinance
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. As added by Acts 1980, P.L.212, SEC.2. IC 36-3-4-18 City-county legislative body; ordinances and resolutions; permitted
acts; special service district legislative body; powers
Sec. 18. (a) The city-county legislative body may pass ordinances
and resolutions for the government of the consolidated city and the
county. The legislative body:
(1) alone may approve budgets, levy taxes, and make
appropriations for the consolidated city, its departments, and its
special taxing districts, except the appropriation of the proceeds
of the bonds of a special taxing district if the legislative body
has approved the bond issue;
(2) may make loans for the consolidated city under sections 21
and 22 of this chapter;
(3) alone may approve budgets, levy taxes, and make
appropriations for the county;
(4) may make loans for the county under IC 36-2-6-20;
(5) may pass ordinances prescribing a penalty or forfeiture for
violation;
(6) may establish committees having powers as prescribed by
ordinance; and
(7) may prescribe rules for its internal management.
(b) The special service district legislative body of any special
service district shall, with respect to such district, have exclusive
power by ordinance to approve its budget and make appropriations
and tax levies required to be made under the provisions of this title.
No special service district legislative body shall have authority to
originate or separately to adopt any other ordinance. However, any
ordinance adopted by the city-county legislative body relating solely
or exclusively to a special service district shall be suspended and of
no effect until separately approved and concurred in by a majority of
a special service district legislative body when, but only when, the
Constitution of the United States or the Constitution of Indiana
prohibits such taking effect without such approval. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-19 City-county legislative body; statutory powers and duties
Sec. 19. (a) The city-county legislative body shall perform the
duties and may exercise the powers prescribed by statute for:
(1) the common council of a first class city; or
(2) the county council of the county.
(b) The city-county legislative body may exercise any power
prescribed for the board of commissioners of the county by statute:
(1) to pass any ordinance; or
(2) to pass any rule or regulation prescribing a penalty. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-20 City-county legislative body; statutory appointments
Sec. 20. The city-county legislative body shall make all
appointments required by statute to be made by it or by:
(1) the common council of a first class city; or
(2) the county council of the county. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-21 City-county legislative body; making loans and issuing bonds by
ordinance; procedure for issuing bonds
Sec. 21. (a) The city-county legislative body may, by ordinance,
make loans of money for the consolidated city and issue bonds for
the purpose of refunding those loans. The loans may be made only
for the purpose of procuring money to be used in the exercise of the
powers of the city and for the payment of city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidence
of the loan;
(2) must include the time and manner of giving notice of the
sale 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 any
size and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by the city under this section:
(1) are negotiable with or without registration, as may be
provided 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 in
whole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The fiscal officer of the consolidated city shall:
(1) manage and supervise the preparation, advertisement,
negotiations, and sale of bonds under this section, subject to the
terms of the ordinance authorizing the sale;
(2) deliver them to the county treasurer after they have been
properly executed and shall take his receipt for them; and
(3) when a contract for the sale of all or any part of the bonds
is consummated, certify to the county treasurer the amount the
purchaser is to pay, together with the name and address of the
purchaser.
The county treasurer shall then receive from the purchaser the
amount certified by the fiscal officer, deliver the bonds to the
purchaser, and take the purchaser's receipt for the bonds. The fiscal
officer and county treasurer shall then report the proceedings in the
sale to the legislative body. However, if the county treasurer is not
present to receive the properly executed bonds from the fiscal officer
or to issue the bonds, the fiscal officer shall perform his duties under
this subsection. As added by Acts 1980, P.L.212, SEC.2. IC 36-3-4-22 City-county legislative body; temporary or short-term loans in
anticipation of current revenues; procedures
Sec. 22. (a) The city-county legislative body may, by ordinance,
make temporary loans in anticipation of current revenues of the
consolidated city that have been levied and are being collected for
the fiscal year in which the loans are made. Loans under this
subsection shall be made in the same manner as loans under section
21 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate and
pledge to their payment a sufficient amount of the revenues in
anticipation of which they are issued and out of which they are
payable; and
(2) the loans must be evidenced by time warrants of the city in
terms designating the nature of the consideration, the time and
place payable, and the revenues in anticipation of which they
are issued and out of which they are payable.
(b) The city-county legislative body may, by ordinance, make
loans of money for not more than five (5) years and issue notes for
the purpose of refunding those loans. The loans may be made only
for the purpose of procuring money to be used in the exercise of the
powers of the consolidated city, and the total amount of outstanding
loans under this subsection may not exceed five percent (5%) of the
consolidated city's total tax levy in the current year (excluding
amounts levied to pay debt service and lease rentals). Loans under
this subsection shall be made in the same manner as loans made
under section 21 of this chapter, except that:
(1) the ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing
five (5) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the consolidated
city in terms designating the nature of the consideration, the
time and place payable, and the revenues out of which they will
be payable.
Notes issued under this subsection are not bonded indebtedness for
purposes of IC 6-1.1-18.5. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.37-1988,
SEC.22; P.L.2-1989, SEC.24.
IC 36-3-4-23 City-county legislative body; creation of agencies; transfer of
agency powers
Sec. 23. (a) The city-county legislative body may, by ordinance:
(1) create or terminate departments, divisions, offices,
community councils, and other agencies of the consolidated
city; and
(2) transfer to or from those agencies any powers, duties,
functions, or obligations.
(b) The powers granted by subsection (a) may not be applied to:
(1) the department of public utilities of the consolidated city;
(2) offices established by the Constitution of Indiana; or
(3) agencies of municipal corporations other than the
consolidated city. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-24 Departments; investigation of policies and expenditures; audit of
books and records; other investigations
Sec. 24. (a) For each department of the consolidated city, the
city-county legislative body shall establish a standing committee,
having at least three (3) members, to investigate the policies and
expenditures of the department.
(b) The legislative body or its committee may:
(1) hire an internal auditor or an independent certified public
accountant, or both, to examine the books and records of the
consolidated city, any of its special service districts or special
taxing districts, and the county;
(2) investigate any charges against a department, officer, or
employee of the consolidated city, or any of its special service
districts or special taxing districts, or the county; and
(3) investigate the affairs of a person with whom a city or
county agency has entered or is about to enter into a contract.
(c) When conducting an investigation under this section, the
legislative body or its committee:
(1) is entitled to access to all records pertaining to the
investigation; and
(2) may compel the attendance of witnesses and the production
of evidence by subpoena and attachment served and executed
in the county.
(d) If a person refuses to testify or produce evidence at an
investigation conducted under this section, the legislative body may
order its clerk to immediately present to the circuit court of the
county a written report of the facts relating to the refusal. The court
shall hear all questions relating to the refusal to testify or produce
evidence and shall also hear any new evidence not included in the
clerk's report. If the court finds that the testimony or evidence sought
should be given or produced, it shall order the person to testify or
produce evidence, or both. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.4; P.L.14-2000, SEC.79.
IC 36-3-4-25
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-3-4-26
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-3-4-1 Application of chapter
Sec. 1. This chapter applies to each consolidated city and its
county. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-2 City-county council; membership; election; eligibility; vacancy;
term of office
Sec. 2. (a) A twenty-nine (29) member city-county council, which
is the legislative body of both the consolidated city and the county,
shall be elected under IC 3-10-6 by the voters of the county.
(b) To be eligible to serve as a member of the legislative body, a
person must meet the qualifications prescribed by IC 3-8-1-25.
(c) A member of the legislative body must reside within:
(1) the county 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.
(d) A vacancy in the legislative body occurs whenever a member:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the county or district from which
the member was elected; or
(3) is incapacitated to the extent that the member is unable to
perform the member's duties for more than six (6) months.
(e) The vacancy shall be filled under IC 3-13-8.
(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. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.5-1986,
SEC.40; P.L.3-1987, SEC.552.
IC 36-3-4-3 City-county legislative body; division of county into districts;
composition of body; election; petition for division of county
Sec. 3. (a) The city-county legislative body shall, by ordinance,
divide the whole county into twenty-five (25) districts that:
(1) are compact, subject only to natural boundary lines (such as
railroads, major highways, rivers, creeks, parks, and major
industrial complexes);
(2) contain, as nearly as is possible, equal population; and
(3) do not cross precinct boundary lines.
This division shall be made during the second year after a year in
which a federal decennial census is conducted and may also be made
at any other time, subject to IC 3-11-1.5-32.
(b) The legislative body is composed of twenty-five (25) members
elected from the districts established under subsection (a) and four
(4) members elected from an at-large district containing the whole
county.
(c) Each voter of the county may vote for four (4) candidates for
at-large membership and one (1) candidate from the district in which
the voter resides. The four (4) at-large candidates receiving the most
votes from the whole county and the district candidates receiving the
most votes from their respective districts are elected to the legislative
body.
(d) If the legislative body fails to make the division before the
date prescribed by subsection (a) or the division is alleged to violate
subsection (a) or other law, a taxpayer or registered voter of the
county may petition the superior court of the county to hear and
determine the matter. The court shall hear and determine the matter
as 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. There
may not be a change of venue from the court or from the county. The
court may appoint a master to assist in its determination and may
draw proper district boundaries if necessary. An appeal from the
court's judgment must be taken within thirty (30) days, directly to the
supreme court, in the same manner as appeals from other actions.
(e) An election of the legislative body held under the ordinance or
court judgment determining districts that is in effect on the date of
the election is valid, regardless of whether the ordinance or judgment
is later determined to be invalid. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.2; P.L.346-1983, SEC.2; P.L.5-1986, SEC.41;
P.L.13-1988, SEC.15; P.L.230-2005, SEC.84; P.L.141-2007, SEC.2.
IC 36-3-4-3.5 Territories not included in any district or more than one district
Sec. 3.5. (a) If any territory in any county is not included in one
(1) of the districts established under section 3 of this chapter, the
territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to
that territory.
(b) If any territory in any county is included in more than one (1)
of the districts established under section 3 of this chapter, the
territory is included in the district that:
(1) is one (1) of the districts in which the territory is described
in the ordinance adopted under section 3 of this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to
that territory. As added by P.L.3-1993, SEC.260.
IC 36-3-4-4 City-county legislative body; expulsion of member; declaration of
vacancy; rules
Sec. 4. The city-county 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 to
perform the duties of his office; and
(3) adopt its own rules to govern proceedings under this
subsection.
However, a two-thirds (2/3) vote is required to expel a member or
vacate his seat. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-5 Special service district council; composition
Sec. 5. (a) Each special service district of the consolidated city
has a special service district council, which is the legislative body of
the special service district, but only for the purposes prescribed by
section 18(b) of this chapter.
(b) A special service district legislative body is composed of every
member of the city-county legislative body. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.3; P.L.346-1983, SEC.1.
IC 36-3-4-6 Meetings
Sec. 6. (a) The city-county legislative body shall hold regular
meetings at least once a month, at times and places prescribed by its
rules or established by resolution. A special service district
legislative body shall meet as required by IC 36-3-6.
(b) A special meeting of a legislative body shall be held when
called by its president or presiding officer or when called by at least
two-fifths (2/5) of its members, at any place in the county designated
in the call.
(c) No notice of a regular meeting, or meeting required by statute,
need be given to a member of a legislative body. For a special
meeting, a written notice specifying the time and place of the
meeting must be delivered, mailed, or sent by telegram to all
members so that each member has at least seventy-two (72) hours
notice of the meeting. However, this requirement is waived as to a
member if he:
(1) attends the meeting; or
(2) executes a written waiver of notice of the time and place of
the meeting.
A written waiver of notice may be executed before or after the
meeting, but it must state in general terms the purpose of the meeting
if executed after the meeting. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-7 Election of president and officers of city-county legislative body
Sec. 7. At its regular meeting in January each year, the city-county
legislative body shall elect a president and other officers as it sees fit. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-8 Clerk of city-county legislative body; appointment; duties
Sec. 8. (a) The city-county legislative body shall appoint a clerk
for a term of one (1) year. The clerk serves at the pleasure of the
legislative body and continues in office until his successor is
appointed and qualified.
(b) The clerk is the clerk of the consolidated city. He shall:
(1) act as secretary to the legislative body;
(2) send out all notices of its meetings;
(3) keep all its records;
(4) present ordinances and resolutions to the executive under
section 15 of this chapter; and
(5) perform other duties connected with the work of the
legislative body that are delegated to him by it. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-8.5 Employment of attorneys or legal research assistants
Sec. 8.5. (a) A clerk may hire or contract with competent
attorneys or legal research assistants on terms the clerk considers
appropriate.
(b) Appropriations for the salaries of attorneys and legal research
assistants employed under this section shall be approved in the
annual budget. As added by P.L.69-1995, SEC.4.
IC 36-3-4-9 Quorum
Sec. 9. A majority of all the elected members of a legislative body
constitutes a quorum. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-10 Ordinance or resolution; majority vote; two-thirds vote
Sec. 10. (a) A requirement that an ordinance or resolution of a
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 or resolution of a legislative
body be passed by a two-thirds (2/3) vote means at least a two-thirds
(2/3) vote of all the elected members. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-11 Ordinance or resolution; majority vote; joint passage
Sec. 11. (a) A majority vote of a legislative body is required to
pass an ordinance or resolution, unless a greater vote is required by
statute.
(b) Any two (2) or more ordinances or resolutions may be jointly
passed by the same vote of a legislative body. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-12 Ordinance requiring two-thirds vote with unanimous consent of
members present
Sec. 12. (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 a legislative body on
the same day or at the same meeting at which it is introduced.
(b) Subsection (a) does not apply to an ordinance that is:
(1) initiated by a director, board, or commission and does not
provide for an appropriation or tax levy or the incurring of any
general obligation indebtedness; or
(2) for a reappropriation or transfer of money previously
appropriated by the annual budget ordinance.
Such an ordinance may be passed by a majority vote on the same day
or at the same meeting at which it is introduced.
(c) Subsection (a) does not apply to a zoning ordinance or
amendment to a zoning ordinance that is adopted under IC 36-7. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1982,
P.L.33, SEC.20; P.L.335-1985, SEC.33.
IC 36-3-4-13 Ordinance or resolution; public hearing requirement
Sec. 13. (a) The city-county legislative body need not hold a
hearing before passing any ordinance, except an ordinance that:
(1) provides for the annual budget and tax levy;
(2) appropriates previously unappropriated monies; or
(3) provides for any general obligation indebtedness.
(b) Whenever a legislative body is required by statute to hold a
public hearing before passing an ordinance or resolution, a hearing
held by a committee of the legislative body meets the requirement. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-14 Ordinance or resolution adoption; requirements
Sec. 14. (a) An ordinance or resolution passed by a legislative
body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) if subject to veto, either approved by the executive or passed
over the executive's veto by the legislative body, under section
16 of this chapter.
(b) All ordinances and resolutions of a legislative body are subject
to veto, except the following:
(1) An ordinance or resolution, or part of either, providing for
the budget or appropriating money for an office or officer of the
county provided for by the Constitution of Indiana or for a
judicial office or officer.
(2) An ordinance or resolution approving or modifying the
budget of a political subdivision that the legislative body is
permitted by statute to review.
(3) A resolution making an appointment that the legislative
body is authorized to make.
(4) A resolution selecting officers or employees of the
legislative body.
(5) A resolution prescribing rules for the internal management
of the legislative body.
(6) A zoning ordinance or amendment to a zoning ordinance, or
a resolution approving a comprehensive plan, that is adopted
under IC 36-7.
(c) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published in the manner prescribed by
IC 5-3-1, unless:
(1) it is published under subsection (d); or
(2) there is an urgent necessity requiring its immediate
effectiveness, the executive proclaims the urgent necessity, and
copies of the ordinance are posted in three (3) public places in
the county.
(d) If a legislative body publishes any of its ordinances in book or
pamphlet form, no other publication is required. If an ordinance
prescribing a penalty or forfeiture for a violation is published under
this subsection, it takes effect two (2) weeks after the publication of
the book or pamphlet. Publication under 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.
(e) Unless a legislative body provides in an ordinance or
resolution for a later effective date, the ordinance or resolution takes
effect when it is adopted, subject to subsections (c) and (d).
(f) Subsections (a), (c), (d), and (e) do not apply to zoning
ordinances or amendments to zoning ordinances, or resolutions
approving comprehensive plans, that are adopted under IC 36-7.
(g) The legislative body shall:
(1) subject to subsection (h), give written notice to the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(2) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(h) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement of
subsection (g)(1).
(i) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice requirements
of subsection (g).
(j) The failure of an environmental restrictive ordinance to comply
with subsection (i) does not void the ordinance. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.335-1985,
SEC.34; P.L.78-2009, SEC.24.
IC 36-3-4-15 Ordinance or resolution; passage and presentation
Sec. 15. After an ordinance or resolution subject to veto has been
passed by the city-county legislative body and signed by the
presiding officer, the clerk shall present it to the executive, noting on
it the time of both the passage and the presentation. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-16 Ordinance or resolution; approval or veto; executive's failure to
perform duty; passage over veto
Sec. 16. (a) Within ten (10) days after an ordinance or resolution
is presented to him, the executive shall:
(1) approve the ordinance or resolution, by entering his
approval on it, signing it, and sending the legislative body a
message announcing his approval; or
(2) veto the ordinance or resolution, by returning it to the
legislative body with a message announcing his veto and stating
his 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 his duty under subsection (a),
the ordinance or resolution is considered vetoed.
(c) Whenever an ordinance 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 or resolution over
his veto by a two-thirds (2/3) vote. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-17 Recording of adopted ordinance
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. As added by Acts 1980, P.L.212, SEC.2. IC 36-3-4-18 City-county legislative body; ordinances and resolutions; permitted
acts; special service district legislative body; powers
Sec. 18. (a) The city-county legislative body may pass ordinances
and resolutions for the government of the consolidated city and the
county. The legislative body:
(1) alone may approve budgets, levy taxes, and make
appropriations for the consolidated city, its departments, and its
special taxing districts, except the appropriation of the proceeds
of the bonds of a special taxing district if the legislative body
has approved the bond issue;
(2) may make loans for the consolidated city under sections 21
and 22 of this chapter;
(3) alone may approve budgets, levy taxes, and make
appropriations for the county;
(4) may make loans for the county under IC 36-2-6-20;
(5) may pass ordinances prescribing a penalty or forfeiture for
violation;
(6) may establish committees having powers as prescribed by
ordinance; and
(7) may prescribe rules for its internal management.
(b) The special service district legislative body of any special
service district shall, with respect to such district, have exclusive
power by ordinance to approve its budget and make appropriations
and tax levies required to be made under the provisions of this title.
No special service district legislative body shall have authority to
originate or separately to adopt any other ordinance. However, any
ordinance adopted by the city-county legislative body relating solely
or exclusively to a special service district shall be suspended and of
no effect until separately approved and concurred in by a majority of
a special service district legislative body when, but only when, the
Constitution of the United States or the Constitution of Indiana
prohibits such taking effect without such approval. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-19 City-county legislative body; statutory powers and duties
Sec. 19. (a) The city-county legislative body shall perform the
duties and may exercise the powers prescribed by statute for:
(1) the common council of a first class city; or
(2) the county council of the county.
(b) The city-county legislative body may exercise any power
prescribed for the board of commissioners of the county by statute:
(1) to pass any ordinance; or
(2) to pass any rule or regulation prescribing a penalty. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-20 City-county legislative body; statutory appointments
Sec. 20. The city-county legislative body shall make all
appointments required by statute to be made by it or by:
(1) the common council of a first class city; or
(2) the county council of the county. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-21 City-county legislative body; making loans and issuing bonds by
ordinance; procedure for issuing bonds
Sec. 21. (a) The city-county legislative body may, by ordinance,
make loans of money for the consolidated city and issue bonds for
the purpose of refunding those loans. The loans may be made only
for the purpose of procuring money to be used in the exercise of the
powers of the city and for the payment of city debts.
(b) An ordinance adopted under this section:
(1) must include the terms of the bonds to be issued in evidence
of the loan;
(2) must include the time and manner of giving notice of the
sale 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 any
size and at any time their proceeds are needed by the city.
(d) Bonds issued and sold by the city under this section:
(1) are negotiable with or without registration, as may be
provided 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 in
whole or in part at specified times prior to maturity; and
(5) may be sold for not less than par value.
(e) The fiscal officer of the consolidated city shall:
(1) manage and supervise the preparation, advertisement,
negotiations, and sale of bonds under this section, subject to the
terms of the ordinance authorizing the sale;
(2) deliver them to the county treasurer after they have been
properly executed and shall take his receipt for them; and
(3) when a contract for the sale of all or any part of the bonds
is consummated, certify to the county treasurer the amount the
purchaser is to pay, together with the name and address of the
purchaser.
The county treasurer shall then receive from the purchaser the
amount certified by the fiscal officer, deliver the bonds to the
purchaser, and take the purchaser's receipt for the bonds. The fiscal
officer and county treasurer shall then report the proceedings in the
sale to the legislative body. However, if the county treasurer is not
present to receive the properly executed bonds from the fiscal officer
or to issue the bonds, the fiscal officer shall perform his duties under
this subsection. As added by Acts 1980, P.L.212, SEC.2. IC 36-3-4-22 City-county legislative body; temporary or short-term loans in
anticipation of current revenues; procedures
Sec. 22. (a) The city-county legislative body may, by ordinance,
make temporary loans in anticipation of current revenues of the
consolidated city that have been levied and are being collected for
the fiscal year in which the loans are made. Loans under this
subsection shall be made in the same manner as loans under section
21 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate and
pledge to their payment a sufficient amount of the revenues in
anticipation of which they are issued and out of which they are
payable; and
(2) the loans must be evidenced by time warrants of the city in
terms designating the nature of the consideration, the time and
place payable, and the revenues in anticipation of which they
are issued and out of which they are payable.
(b) The city-county legislative body may, by ordinance, make
loans of money for not more than five (5) years and issue notes for
the purpose of refunding those loans. The loans may be made only
for the purpose of procuring money to be used in the exercise of the
powers of the consolidated city, and the total amount of outstanding
loans under this subsection may not exceed five percent (5%) of the
consolidated city's total tax levy in the current year (excluding
amounts levied to pay debt service and lease rentals). Loans under
this subsection shall be made in the same manner as loans made
under section 21 of this chapter, except that:
(1) the ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing
five (5) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the consolidated
city in terms designating the nature of the consideration, the
time and place payable, and the revenues out of which they will
be payable.
Notes issued under this subsection are not bonded indebtedness for
purposes of IC 6-1.1-18.5. As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.37-1988,
SEC.22; P.L.2-1989, SEC.24.
IC 36-3-4-23 City-county legislative body; creation of agencies; transfer of
agency powers
Sec. 23. (a) The city-county legislative body may, by ordinance:
(1) create or terminate departments, divisions, offices,
community councils, and other agencies of the consolidated
city; and
(2) transfer to or from those agencies any powers, duties,
functions, or obligations.
(b) The powers granted by subsection (a) may not be applied to:
(1) the department of public utilities of the consolidated city;
(2) offices established by the Constitution of Indiana; or
(3) agencies of municipal corporations other than the
consolidated city. As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-24 Departments; investigation of policies and expenditures; audit of
books and records; other investigations
Sec. 24. (a) For each department of the consolidated city, the
city-county legislative body shall establish a standing committee,
having at least three (3) members, to investigate the policies and
expenditures of the department.
(b) The legislative body or its committee may:
(1) hire an internal auditor or an independent certified public
accountant, or both, to examine the books and records of the
consolidated city, any of its special service districts or special
taxing districts, and the county;
(2) investigate any charges against a department, officer, or
employee of the consolidated city, or any of its special service
districts or special taxing districts, or the county; and
(3) investigate the affairs of a person with whom a city or
county agency has entered or is about to enter into a contract.
(c) When conducting an investigation under this section, the
legislative body or its committee:
(1) is entitled to access to all records pertaining to the
investigation; and
(2) may compel the attendance of witnesses and the production
of evidence by subpoena and attachment served and executed
in the county.
(d) If a person refuses to testify or produce evidence at an
investigation conducted under this section, the legislative body may
order its clerk to immediately present to the circuit court of the
county a written report of the facts relating to the refusal. The court
shall hear all questions relating to the refusal to testify or produce
evidence and shall also hear any new evidence not included in the
clerk's report. If the court finds that the testimony or evidence sought
should be given or produced, it shall order the person to testify or
produce evidence, or both. As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980,
P.L.213, SEC.4; P.L.14-2000, SEC.79.
IC 36-3-4-25
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-3-4-26
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
