IC 36-4 ARTICLE 4. GOVERNMENT OF CITIES AND
TOWNS GENERALLY
IC 36-4-1
Chapter 1. Classification of Municipalities; City Status and Town
Status
IC 36-4-1-1 Version a Basis of classification
Note: This version of section amended by P.L.64-2004, SEC.34.
See also following version of this section amended by P.L.81-2004,
SEC.46.
Sec. 1. (a) Municipalities are classified according to their status
and population as follows:
STATUS AND POPULATION CLASS
Cities of 600,000 or more First class cities
Cities of 35,000 to 599,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any
population Towns
(b) Except as provided in subsection (c), a city that attains a
population of thirty-five thousand (35,000) remains a second class
city even though its population decreases to less than thirty-five
thousand (35,000) at the next federal decennial census.
(c) The legislative body of a city to which subsection (b) applies
may, by ordinance, adopt third class city status. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2;
P.L.64-2004, SEC.34.
IC 36-4-1-1 Version b Basis of classification
Note: This version of section amended by P.L.81-2004, SEC.46.
See also preceding version of this section amended by P.L.64-2004,
SEC.34.
Sec. 1. (a) Municipalities are classified according to their status
and population as follows:
STATUS AND POPULATION CLASS
Cities of 500,000 or more First class cities
Cities of 35,000 to 499,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any
population Towns
(b) Except as provided in subsection (c), a city that attains a
population of thirty-five thousand (35,000) remains a second class
city even though its population decreases to less than thirty-five
thousand (35,000) at the next federal decennial census.
(c) The legislative body of a city to which subsection (b) applies
may, by ordinance, adopt third class city status. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2;
P.L.81-2004, SEC.46.
IC 36-4-1-1.1 Change of status to second class city
Sec. 1.1. (a) Except as provided in subsection (b), a third class
city remains a third class city even though the city attains a
population of at least thirty-five thousand (35,000) at a federal
decennial census.
(b) The legislative body of a city to which subsection (a) applies
may, by ordinance, adopt second class city status. As added by P.L.209-1999, SEC.1.
IC 36-4-1-2
Repealed
(Repealed by Acts 1981, P.L.44, SEC.61.)
IC 36-4-1-2.1 Certain localities governed as cities; validation of elections,
contracts, and official proceedings
Sec. 2.1. Any locality that has elected city officers, and has
governed itself as a city, for at least ten (10) years immediately
preceding September 1, 1981, is a city for all purposes. All elections,
contracts, acts, and other official proceedings of such a locality that
occurred before September 1, 1981, and would have been valid if the
locality had been a city, are legalized and validated. As added by Acts 1981, P.L.44, SEC.38.
IC 36-4-1-3
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-4
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-4.1
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-5 Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-6 Petition to change city to town; summons; trial; issue; order;
transition; provisional government
Sec. 6. (a) A petition to change a city into a town may be filed as
a civil action in the circuit court for the county in which the city is
located. The petition must be signed by at least two-thirds (2/3) of
the taxpayers twenty-one (21) years of age or older who reside in the
city.
(b) Whenever a petition is filed under this section, the clerk of the
circuit court shall issue a summons to the city in its corporate name.
A taxpayer who signed the petition may not withdraw his signature
on or after the return date of the summons.
(c) An action under this section shall be tried by the court without
a jury, and the only issue to be determined is whether the petition
contains the genuine signatures of the number of taxpayers required.
If the court finds in the affirmative, it shall enter an order changing
the city into a town.
(d) After an order is entered under subsection (c), the executive
and the legislative body of the municipality shall organize as a town
legislative body, with the executive becoming the town executive,
and the remaining officers of the municipality shall exercise only the
functions that may be exercised by the corresponding town officers.
If none of the functions of a city officer or board is exercised under
a town government, that officer or board shall immediately file a
final report with and turn over all records and property in his or its
custody to the town legislative body. After the final report of a
former city officer or board is approved by the town legislative body,
that office or board is abolished.
(e) The provisional town government provided for in subsection
(d) shall serve until the time prescribed by IC 3-10-6-5 for a regular
town election. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1983,
SEC.11; P.L.5-1986, SEC.43.
IC 36-4-1-7 Petition to change name of city; hearing; ordinance
Sec. 7. (a) A petition to change the name of a city may be filed
with the city legislative body. The petition must:
(1) be signed by at least five hundred (500) voters of the city,
or, in a city having less than five hundred (500) registered
voters at the time of the most recent general election, by at least
ten percent (10%) of those voters;
(2) be verified by one (1) or more of the petitioners; and
(3) set forth reasons for the change of name.
(b) If the legislative body considers the reasons set forth in the
petition sufficient, it shall conduct a public hearing on the petition
after giving notice by publication in the manner prescribed by
IC 5-3-1.
(c) If after the hearing the legislative body finds that the matters
set forth in the petition are true and that the requested change of
name should be granted, it shall pass an ordinance changing the name
of the city. The change of name takes effect sixty (60) days after the
effective date of the ordinance. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.45, SEC.12.
IC 36-4-1-8 Classification change due to population change; applicable laws
Sec. 8. (a) Whenever the classification of a city under section 1 of
this chapter changes due to a change in the city's population, the city
shall be governed by the laws applicable to its new class, except as
provided by subsection (b).
(b) The membership of a city legislative body remains unchanged
until the expiration of the terms of its members, despite a change in
the classification of the city for any reason. At the municipal election
preceding the expiration of those terms, the number of members of
the legislative body required by the laws applicable to its new class
shall be elected. The powers, duties, functions, and office of an
elected official of a city shall remain unchanged until the expiration
of the term of the elected official, despite a change in city
classification for any reason. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.40; P.L.209-1999, SEC.2.
IC 36-4-1-9 Continuation of prior acts, contracts, obligations, ordinances, and
regulations
Sec. 9. The validity of the prior acts, contracts, and obligations of
a city that changes its status, name, or classification under this
chapter is not affected by that change. The ordinances, rules, and
regulations of the city continue in effect until amended or repealed. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.111-2005,
SEC.1.
IC 36-4 ARTICLE 4. GOVERNMENT OF CITIES AND
TOWNS GENERALLY
IC 36-4-1
Chapter 1. Classification of Municipalities; City Status and Town
Status
IC 36-4-1-1 Version a Basis of classification
Note: This version of section amended by P.L.64-2004, SEC.34.
See also following version of this section amended by P.L.81-2004,
SEC.46.
Sec. 1. (a) Municipalities are classified according to their status
and population as follows:
STATUS AND POPULATION CLASS
Cities of 600,000 or more First class cities
Cities of 35,000 to 599,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any
population Towns
(b) Except as provided in subsection (c), a city that attains a
population of thirty-five thousand (35,000) remains a second class
city even though its population decreases to less than thirty-five
thousand (35,000) at the next federal decennial census.
(c) The legislative body of a city to which subsection (b) applies
may, by ordinance, adopt third class city status. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2;
P.L.64-2004, SEC.34.
IC 36-4-1-1 Version b Basis of classification
Note: This version of section amended by P.L.81-2004, SEC.46.
See also preceding version of this section amended by P.L.64-2004,
SEC.34.
Sec. 1. (a) Municipalities are classified according to their status
and population as follows:
STATUS AND POPULATION CLASS
Cities of 500,000 or more First class cities
Cities of 35,000 to 499,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any
population Towns
(b) Except as provided in subsection (c), a city that attains a
population of thirty-five thousand (35,000) remains a second class
city even though its population decreases to less than thirty-five
thousand (35,000) at the next federal decennial census.
(c) The legislative body of a city to which subsection (b) applies
may, by ordinance, adopt third class city status. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2;
P.L.81-2004, SEC.46.
IC 36-4-1-1.1 Change of status to second class city
Sec. 1.1. (a) Except as provided in subsection (b), a third class
city remains a third class city even though the city attains a
population of at least thirty-five thousand (35,000) at a federal
decennial census.
(b) The legislative body of a city to which subsection (a) applies
may, by ordinance, adopt second class city status. As added by P.L.209-1999, SEC.1.
IC 36-4-1-2
Repealed
(Repealed by Acts 1981, P.L.44, SEC.61.)
IC 36-4-1-2.1 Certain localities governed as cities; validation of elections,
contracts, and official proceedings
Sec. 2.1. Any locality that has elected city officers, and has
governed itself as a city, for at least ten (10) years immediately
preceding September 1, 1981, is a city for all purposes. All elections,
contracts, acts, and other official proceedings of such a locality that
occurred before September 1, 1981, and would have been valid if the
locality had been a city, are legalized and validated. As added by Acts 1981, P.L.44, SEC.38.
IC 36-4-1-3
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-4
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-4.1
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-5 Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-6 Petition to change city to town; summons; trial; issue; order;
transition; provisional government
Sec. 6. (a) A petition to change a city into a town may be filed as
a civil action in the circuit court for the county in which the city is
located. The petition must be signed by at least two-thirds (2/3) of
the taxpayers twenty-one (21) years of age or older who reside in the
city.
(b) Whenever a petition is filed under this section, the clerk of the
circuit court shall issue a summons to the city in its corporate name.
A taxpayer who signed the petition may not withdraw his signature
on or after the return date of the summons.
(c) An action under this section shall be tried by the court without
a jury, and the only issue to be determined is whether the petition
contains the genuine signatures of the number of taxpayers required.
If the court finds in the affirmative, it shall enter an order changing
the city into a town.
(d) After an order is entered under subsection (c), the executive
and the legislative body of the municipality shall organize as a town
legislative body, with the executive becoming the town executive,
and the remaining officers of the municipality shall exercise only the
functions that may be exercised by the corresponding town officers.
If none of the functions of a city officer or board is exercised under
a town government, that officer or board shall immediately file a
final report with and turn over all records and property in his or its
custody to the town legislative body. After the final report of a
former city officer or board is approved by the town legislative body,
that office or board is abolished.
(e) The provisional town government provided for in subsection
(d) shall serve until the time prescribed by IC 3-10-6-5 for a regular
town election. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1983,
SEC.11; P.L.5-1986, SEC.43.
IC 36-4-1-7 Petition to change name of city; hearing; ordinance
Sec. 7. (a) A petition to change the name of a city may be filed
with the city legislative body. The petition must:
(1) be signed by at least five hundred (500) voters of the city,
or, in a city having less than five hundred (500) registered
voters at the time of the most recent general election, by at least
ten percent (10%) of those voters;
(2) be verified by one (1) or more of the petitioners; and
(3) set forth reasons for the change of name.
(b) If the legislative body considers the reasons set forth in the
petition sufficient, it shall conduct a public hearing on the petition
after giving notice by publication in the manner prescribed by
IC 5-3-1.
(c) If after the hearing the legislative body finds that the matters
set forth in the petition are true and that the requested change of
name should be granted, it shall pass an ordinance changing the name
of the city. The change of name takes effect sixty (60) days after the
effective date of the ordinance. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.45, SEC.12.
IC 36-4-1-8 Classification change due to population change; applicable laws
Sec. 8. (a) Whenever the classification of a city under section 1 of
this chapter changes due to a change in the city's population, the city
shall be governed by the laws applicable to its new class, except as
provided by subsection (b).
(b) The membership of a city legislative body remains unchanged
until the expiration of the terms of its members, despite a change in
the classification of the city for any reason. At the municipal election
preceding the expiration of those terms, the number of members of
the legislative body required by the laws applicable to its new class
shall be elected. The powers, duties, functions, and office of an
elected official of a city shall remain unchanged until the expiration
of the term of the elected official, despite a change in city
classification for any reason. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.40; P.L.209-1999, SEC.2.
IC 36-4-1-9 Continuation of prior acts, contracts, obligations, ordinances, and
regulations
Sec. 9. The validity of the prior acts, contracts, and obligations of
a city that changes its status, name, or classification under this
chapter is not affected by that change. The ordinances, rules, and
regulations of the city continue in effect until amended or repealed. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.111-2005,
SEC.1.
IC 36-4 ARTICLE 4. GOVERNMENT OF CITIES AND
TOWNS GENERALLY
IC 36-4-1
Chapter 1. Classification of Municipalities; City Status and Town
Status
IC 36-4-1-1 Version a Basis of classification
Note: This version of section amended by P.L.64-2004, SEC.34.
See also following version of this section amended by P.L.81-2004,
SEC.46.
Sec. 1. (a) Municipalities are classified according to their status
and population as follows:
STATUS AND POPULATION CLASS
Cities of 600,000 or more First class cities
Cities of 35,000 to 599,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any
population Towns
(b) Except as provided in subsection (c), a city that attains a
population of thirty-five thousand (35,000) remains a second class
city even though its population decreases to less than thirty-five
thousand (35,000) at the next federal decennial census.
(c) The legislative body of a city to which subsection (b) applies
may, by ordinance, adopt third class city status. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2;
P.L.64-2004, SEC.34.
IC 36-4-1-1 Version b Basis of classification
Note: This version of section amended by P.L.81-2004, SEC.46.
See also preceding version of this section amended by P.L.64-2004,
SEC.34.
Sec. 1. (a) Municipalities are classified according to their status
and population as follows:
STATUS AND POPULATION CLASS
Cities of 500,000 or more First class cities
Cities of 35,000 to 499,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any
population Towns
(b) Except as provided in subsection (c), a city that attains a
population of thirty-five thousand (35,000) remains a second class
city even though its population decreases to less than thirty-five
thousand (35,000) at the next federal decennial census.
(c) The legislative body of a city to which subsection (b) applies
may, by ordinance, adopt third class city status. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997, SEC.2;
P.L.81-2004, SEC.46.
IC 36-4-1-1.1 Change of status to second class city
Sec. 1.1. (a) Except as provided in subsection (b), a third class
city remains a third class city even though the city attains a
population of at least thirty-five thousand (35,000) at a federal
decennial census.
(b) The legislative body of a city to which subsection (a) applies
may, by ordinance, adopt second class city status. As added by P.L.209-1999, SEC.1.
IC 36-4-1-2
Repealed
(Repealed by Acts 1981, P.L.44, SEC.61.)
IC 36-4-1-2.1 Certain localities governed as cities; validation of elections,
contracts, and official proceedings
Sec. 2.1. Any locality that has elected city officers, and has
governed itself as a city, for at least ten (10) years immediately
preceding September 1, 1981, is a city for all purposes. All elections,
contracts, acts, and other official proceedings of such a locality that
occurred before September 1, 1981, and would have been valid if the
locality had been a city, are legalized and validated. As added by Acts 1981, P.L.44, SEC.38.
IC 36-4-1-3
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-4
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-4.1
Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-5 Repealed
(Repealed by P.L.111-2005, SEC.8.)
IC 36-4-1-6 Petition to change city to town; summons; trial; issue; order;
transition; provisional government
Sec. 6. (a) A petition to change a city into a town may be filed as
a civil action in the circuit court for the county in which the city is
located. The petition must be signed by at least two-thirds (2/3) of
the taxpayers twenty-one (21) years of age or older who reside in the
city.
(b) Whenever a petition is filed under this section, the clerk of the
circuit court shall issue a summons to the city in its corporate name.
A taxpayer who signed the petition may not withdraw his signature
on or after the return date of the summons.
(c) An action under this section shall be tried by the court without
a jury, and the only issue to be determined is whether the petition
contains the genuine signatures of the number of taxpayers required.
If the court finds in the affirmative, it shall enter an order changing
the city into a town.
(d) After an order is entered under subsection (c), the executive
and the legislative body of the municipality shall organize as a town
legislative body, with the executive becoming the town executive,
and the remaining officers of the municipality shall exercise only the
functions that may be exercised by the corresponding town officers.
If none of the functions of a city officer or board is exercised under
a town government, that officer or board shall immediately file a
final report with and turn over all records and property in his or its
custody to the town legislative body. After the final report of a
former city officer or board is approved by the town legislative body,
that office or board is abolished.
(e) The provisional town government provided for in subsection
(d) shall serve until the time prescribed by IC 3-10-6-5 for a regular
town election. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1983,
SEC.11; P.L.5-1986, SEC.43.
IC 36-4-1-7 Petition to change name of city; hearing; ordinance
Sec. 7. (a) A petition to change the name of a city may be filed
with the city legislative body. The petition must:
(1) be signed by at least five hundred (500) voters of the city,
or, in a city having less than five hundred (500) registered
voters at the time of the most recent general election, by at least
ten percent (10%) of those voters;
(2) be verified by one (1) or more of the petitioners; and
(3) set forth reasons for the change of name.
(b) If the legislative body considers the reasons set forth in the
petition sufficient, it shall conduct a public hearing on the petition
after giving notice by publication in the manner prescribed by
IC 5-3-1.
(c) If after the hearing the legislative body finds that the matters
set forth in the petition are true and that the requested change of
name should be granted, it shall pass an ordinance changing the name
of the city. The change of name takes effect sixty (60) days after the
effective date of the ordinance. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.45, SEC.12.
IC 36-4-1-8 Classification change due to population change; applicable laws
Sec. 8. (a) Whenever the classification of a city under section 1 of
this chapter changes due to a change in the city's population, the city
shall be governed by the laws applicable to its new class, except as
provided by subsection (b).
(b) The membership of a city legislative body remains unchanged
until the expiration of the terms of its members, despite a change in
the classification of the city for any reason. At the municipal election
preceding the expiration of those terms, the number of members of
the legislative body required by the laws applicable to its new class
shall be elected. The powers, duties, functions, and office of an
elected official of a city shall remain unchanged until the expiration
of the term of the elected official, despite a change in city
classification for any reason. As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.44, SEC.40; P.L.209-1999, SEC.2.
IC 36-4-1-9 Continuation of prior acts, contracts, obligations, ordinances, and
regulations
Sec. 9. The validity of the prior acts, contracts, and obligations of
a city that changes its status, name, or classification under this
chapter is not affected by that change. The ordinances, rules, and
regulations of the city continue in effect until amended or repealed. As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.111-2005,
SEC.1.
