IC 36-4-1.5
Chapter 1.5. Changing a Town Into a City
IC 36-4-1.5-1 Change of status; town to city
Sec. 1. (a) A town may be changed into a city only as provided in
this chapter.
(b) A town with a population of less than two thousand (2,000)
may not be changed into a city. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-2 Change of status; procedure
Sec. 2. A town may be changed into a city through the following:
(1) The town legislative body must adopt a resolution
submitting to the town's voters the question of whether the town
should be changed into a city. The town legislative body shall
adopt a resolution described in this subdivision if at least the
number of registered voters of the town equal to ten percent
(10%) of the total votes cast in the town at the last election for
secretary of state sign a petition requesting the town legislative
body to adopt such a resolution. In determining the number of
signatures required under this subdivision, any fraction that
exceeds a whole number shall be disregarded.
(2) A resolution adopted under subdivision (1) must fix the date
for an election on the question of whether the town should be
changed into a city. If the election is to be a special election, the
date must be:
(A) not less than thirty (30); and
(B) not more than sixty (60);
days after the notice of the election. If the election is to be on
the same date as a general election, the resolution must state
that fact and be certified in accordance with IC 3-10-9-3.
(3) The town legislative body shall file a copy of the resolution
adopted under subdivision (1) with the circuit court clerk of
each county in which the town is located. The circuit court clerk
shall immediately certify the resolution to the county election
board.
(4) The county election board shall give notice of the election
in the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to
the election.
(5) The question described in subdivision (1) shall be placed on
the ballot in the form prescribed by IC 3-10-9-4. The text of the
question shall be: "Shall the town of _________ change into a
city?".
(6) If a majority of the voters voting on the question described
in subdivision (1) vote "yes", the town is changed into a city as
provided in this chapter. If a majority of the voters voting on the
question vote "no", the town remains a town. As added by P.L.111-2005, SEC.2. IC 36-4-1.5-3 Adoption of ordinance
Sec. 3. (a) A town legislative body may satisfy the requirements
of this section in an ordinance adopted either before or after the
town's voters vote on the question described in section 2 of this
chapter.
(b) If a resolution is adopted under section 2 of this chapter, the
town legislative body shall adopt an ordinance providing for the
transition from governance as a town to governance as a city. The
ordinance adopted under this section must include the following
details:
(1) A division of the town into city legislative body districts as
provided in the applicable provisions of IC 36-4-6.
(2) Provisions for the election of the following officers:
(A) The city executive.
(B) The members of the city legislative body.
(C) The city clerk or city clerk-treasurer as appropriate under
IC 36-4-10.
(3) The date of the first election of the city officers. The first
election may be held only on the date of a general election or a
municipal election. Candidates for election to the city offices
shall be nominated:
(A) at the corresponding primary election during a general
election year or a municipal election year; or
(B) as otherwise provided in IC 3.
(4) Subject to section 4 of this chapter, the term of office of
each city officer elected at the first election of city officers.
(5) Any other details the town legislative body considers useful
in providing for the transition of the town into a city.
(c) An ordinance adopted under this section is effective only if the
voters of the town approve the conversion of the town into a city
under section 2(6) of this chapter.
(d) The provisions of an ordinance adopted under this section are
subject to all other laws governing the structure of city government.
(e) Subject to this chapter, the town legislative body or the city
legislative body (after the town is changed into a city) may amend an
ordinance adopted under this section. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-4 Newly elected city officers' term of office
Sec. 4. (a) Notwithstanding any other law, the term of office of
the city officers elected at the first election of city officers held under
the ordinance adopted under section 3 of this chapter:
(1) begins on January 1 after the first election of city officers;
and
(2) may not extend after December 31 of the next municipal
election year that occurs after the first election of city officers.
(b) The ordinance adopted under section 3 of this chapter may
provide for a shorter term of office for specified members of the city
legislative body to stagger terms as permitted under IC 3 and
IC 36-4-6 if a general election will occur before the next municipal
election after the first election of city officers.
(c) After the first municipal election after the first election of city
officers, the term of office of each city officer is four (4) years. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-5 Effective date of status change
Sec. 5. A town becomes a city under this chapter on January 1
after the first election of city officers under section 4 of this chapter. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-6 Continuation of town acts, ordinances, contracts, rules, and
regulations
Sec. 6. (a) The acts, contracts, and obligations of a town that is
changed into a city under this chapter become the acts, contracts, and
obligations of the city.
(b) The ordinances, rules, and regulations of a town that is
changed into a city under this chapter continue in effect as
ordinances, rules, and regulations of the city until amended or
repealed. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5
Chapter 1.5. Changing a Town Into a City
IC 36-4-1.5-1 Change of status; town to city
Sec. 1. (a) A town may be changed into a city only as provided in
this chapter.
(b) A town with a population of less than two thousand (2,000)
may not be changed into a city. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-2 Change of status; procedure
Sec. 2. A town may be changed into a city through the following:
(1) The town legislative body must adopt a resolution
submitting to the town's voters the question of whether the town
should be changed into a city. The town legislative body shall
adopt a resolution described in this subdivision if at least the
number of registered voters of the town equal to ten percent
(10%) of the total votes cast in the town at the last election for
secretary of state sign a petition requesting the town legislative
body to adopt such a resolution. In determining the number of
signatures required under this subdivision, any fraction that
exceeds a whole number shall be disregarded.
(2) A resolution adopted under subdivision (1) must fix the date
for an election on the question of whether the town should be
changed into a city. If the election is to be a special election, the
date must be:
(A) not less than thirty (30); and
(B) not more than sixty (60);
days after the notice of the election. If the election is to be on
the same date as a general election, the resolution must state
that fact and be certified in accordance with IC 3-10-9-3.
(3) The town legislative body shall file a copy of the resolution
adopted under subdivision (1) with the circuit court clerk of
each county in which the town is located. The circuit court clerk
shall immediately certify the resolution to the county election
board.
(4) The county election board shall give notice of the election
in the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to
the election.
(5) The question described in subdivision (1) shall be placed on
the ballot in the form prescribed by IC 3-10-9-4. The text of the
question shall be: "Shall the town of _________ change into a
city?".
(6) If a majority of the voters voting on the question described
in subdivision (1) vote "yes", the town is changed into a city as
provided in this chapter. If a majority of the voters voting on the
question vote "no", the town remains a town. As added by P.L.111-2005, SEC.2. IC 36-4-1.5-3 Adoption of ordinance
Sec. 3. (a) A town legislative body may satisfy the requirements
of this section in an ordinance adopted either before or after the
town's voters vote on the question described in section 2 of this
chapter.
(b) If a resolution is adopted under section 2 of this chapter, the
town legislative body shall adopt an ordinance providing for the
transition from governance as a town to governance as a city. The
ordinance adopted under this section must include the following
details:
(1) A division of the town into city legislative body districts as
provided in the applicable provisions of IC 36-4-6.
(2) Provisions for the election of the following officers:
(A) The city executive.
(B) The members of the city legislative body.
(C) The city clerk or city clerk-treasurer as appropriate under
IC 36-4-10.
(3) The date of the first election of the city officers. The first
election may be held only on the date of a general election or a
municipal election. Candidates for election to the city offices
shall be nominated:
(A) at the corresponding primary election during a general
election year or a municipal election year; or
(B) as otherwise provided in IC 3.
(4) Subject to section 4 of this chapter, the term of office of
each city officer elected at the first election of city officers.
(5) Any other details the town legislative body considers useful
in providing for the transition of the town into a city.
(c) An ordinance adopted under this section is effective only if the
voters of the town approve the conversion of the town into a city
under section 2(6) of this chapter.
(d) The provisions of an ordinance adopted under this section are
subject to all other laws governing the structure of city government.
(e) Subject to this chapter, the town legislative body or the city
legislative body (after the town is changed into a city) may amend an
ordinance adopted under this section. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-4 Newly elected city officers' term of office
Sec. 4. (a) Notwithstanding any other law, the term of office of
the city officers elected at the first election of city officers held under
the ordinance adopted under section 3 of this chapter:
(1) begins on January 1 after the first election of city officers;
and
(2) may not extend after December 31 of the next municipal
election year that occurs after the first election of city officers.
(b) The ordinance adopted under section 3 of this chapter may
provide for a shorter term of office for specified members of the city
legislative body to stagger terms as permitted under IC 3 and
IC 36-4-6 if a general election will occur before the next municipal
election after the first election of city officers.
(c) After the first municipal election after the first election of city
officers, the term of office of each city officer is four (4) years. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-5 Effective date of status change
Sec. 5. A town becomes a city under this chapter on January 1
after the first election of city officers under section 4 of this chapter. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-6 Continuation of town acts, ordinances, contracts, rules, and
regulations
Sec. 6. (a) The acts, contracts, and obligations of a town that is
changed into a city under this chapter become the acts, contracts, and
obligations of the city.
(b) The ordinances, rules, and regulations of a town that is
changed into a city under this chapter continue in effect as
ordinances, rules, and regulations of the city until amended or
repealed. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5
Chapter 1.5. Changing a Town Into a City
IC 36-4-1.5-1 Change of status; town to city
Sec. 1. (a) A town may be changed into a city only as provided in
this chapter.
(b) A town with a population of less than two thousand (2,000)
may not be changed into a city. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-2 Change of status; procedure
Sec. 2. A town may be changed into a city through the following:
(1) The town legislative body must adopt a resolution
submitting to the town's voters the question of whether the town
should be changed into a city. The town legislative body shall
adopt a resolution described in this subdivision if at least the
number of registered voters of the town equal to ten percent
(10%) of the total votes cast in the town at the last election for
secretary of state sign a petition requesting the town legislative
body to adopt such a resolution. In determining the number of
signatures required under this subdivision, any fraction that
exceeds a whole number shall be disregarded.
(2) A resolution adopted under subdivision (1) must fix the date
for an election on the question of whether the town should be
changed into a city. If the election is to be a special election, the
date must be:
(A) not less than thirty (30); and
(B) not more than sixty (60);
days after the notice of the election. If the election is to be on
the same date as a general election, the resolution must state
that fact and be certified in accordance with IC 3-10-9-3.
(3) The town legislative body shall file a copy of the resolution
adopted under subdivision (1) with the circuit court clerk of
each county in which the town is located. The circuit court clerk
shall immediately certify the resolution to the county election
board.
(4) The county election board shall give notice of the election
in the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies to
the election.
(5) The question described in subdivision (1) shall be placed on
the ballot in the form prescribed by IC 3-10-9-4. The text of the
question shall be: "Shall the town of _________ change into a
city?".
(6) If a majority of the voters voting on the question described
in subdivision (1) vote "yes", the town is changed into a city as
provided in this chapter. If a majority of the voters voting on the
question vote "no", the town remains a town. As added by P.L.111-2005, SEC.2. IC 36-4-1.5-3 Adoption of ordinance
Sec. 3. (a) A town legislative body may satisfy the requirements
of this section in an ordinance adopted either before or after the
town's voters vote on the question described in section 2 of this
chapter.
(b) If a resolution is adopted under section 2 of this chapter, the
town legislative body shall adopt an ordinance providing for the
transition from governance as a town to governance as a city. The
ordinance adopted under this section must include the following
details:
(1) A division of the town into city legislative body districts as
provided in the applicable provisions of IC 36-4-6.
(2) Provisions for the election of the following officers:
(A) The city executive.
(B) The members of the city legislative body.
(C) The city clerk or city clerk-treasurer as appropriate under
IC 36-4-10.
(3) The date of the first election of the city officers. The first
election may be held only on the date of a general election or a
municipal election. Candidates for election to the city offices
shall be nominated:
(A) at the corresponding primary election during a general
election year or a municipal election year; or
(B) as otherwise provided in IC 3.
(4) Subject to section 4 of this chapter, the term of office of
each city officer elected at the first election of city officers.
(5) Any other details the town legislative body considers useful
in providing for the transition of the town into a city.
(c) An ordinance adopted under this section is effective only if the
voters of the town approve the conversion of the town into a city
under section 2(6) of this chapter.
(d) The provisions of an ordinance adopted under this section are
subject to all other laws governing the structure of city government.
(e) Subject to this chapter, the town legislative body or the city
legislative body (after the town is changed into a city) may amend an
ordinance adopted under this section. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-4 Newly elected city officers' term of office
Sec. 4. (a) Notwithstanding any other law, the term of office of
the city officers elected at the first election of city officers held under
the ordinance adopted under section 3 of this chapter:
(1) begins on January 1 after the first election of city officers;
and
(2) may not extend after December 31 of the next municipal
election year that occurs after the first election of city officers.
(b) The ordinance adopted under section 3 of this chapter may
provide for a shorter term of office for specified members of the city
legislative body to stagger terms as permitted under IC 3 and
IC 36-4-6 if a general election will occur before the next municipal
election after the first election of city officers.
(c) After the first municipal election after the first election of city
officers, the term of office of each city officer is four (4) years. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-5 Effective date of status change
Sec. 5. A town becomes a city under this chapter on January 1
after the first election of city officers under section 4 of this chapter. As added by P.L.111-2005, SEC.2.
IC 36-4-1.5-6 Continuation of town acts, ordinances, contracts, rules, and
regulations
Sec. 6. (a) The acts, contracts, and obligations of a town that is
changed into a city under this chapter become the acts, contracts, and
obligations of the city.
(b) The ordinances, rules, and regulations of a town that is
changed into a city under this chapter continue in effect as
ordinances, rules, and regulations of the city until amended or
repealed. As added by P.L.111-2005, SEC.2.
