IC 36-5-4
Chapter 4. Miscellaneous Town Fiscal and Administrative
Provisions
IC 36-5-4-1 Application of chapter
Sec. 1. This chapter applies to all towns. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-2 Appropriations by ordinance
Sec. 2. Unless a statute provides otherwise, town monies may be
disbursed only after an appropriation made by ordinance of the town
legislative body and recorded in a book kept for that purpose by the
legislative body. Each appropriation must be made from the fund
against which the expenses arose. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-3 Issuance of warrants
Sec. 3. (a) The town legislative body or a board of the town may
order the issuance of warrants for payment of money by the town
only at a meeting of the legislative body or board.
(b) A town officer who violates this section forfeits his office. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-4 Claims against town; allowance; violation
Sec. 4. (a) Except as provided in section 12 of this chapter, the
town legislative body or a board of the town may allow a claim:
(1) only at a meeting of the legislative body or board; and
(2) only if the claim was filed in the manner prescribed by
IC 5-11-10-2 at least five (5) days before the meeting.
(b) A town officer who violates this section forfeits his office. As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992,
SEC.5.
IC 36-5-4-5
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-5-4-6 Claim defined; issuance of warrant for payment
Sec. 6. (a) As used in this section, "claim" means a bill or an
invoice submitted for goods or services.
(b) Except as provided in section 12 of this chapter, a warrant for
payment of a claim against a town may be issued only if the claim is:
(1) supported by a fully itemized invoice or bill under
IC 5-11-10-1.6;
(2) filed with the town fiscal officer;
(3) certified by the fiscal officer before payment that each
invoice is true and correct; and
(4) allowed by the town legislative body or by the board of the
town having jurisdiction over allowance of the payment of the
claim.
(c) The certification by the fiscal officer under subsection (b)(3)
must be on a form prescribed by the state board of accounts. As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992,
SEC.6; P.L.71-1995, SEC.5; P.L.69-1995, SEC.10.
IC 36-5-4-7 Vacation leave; compensation
Sec. 7. One (1) to three (3) days before the vacation leave period
of a town officer or employee begins, the town may pay him the
amount of compensation he will earn while he is on vacation leave. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-8
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 36-5-4-9
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-5-4-10 Delivery of records and property by town officer to successor
Sec. 10. Each town officer shall deliver town records and property
in his custody to his successor in office when that successor
qualifies. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-11 Licenses issued by town; revocation or suspension
Sec. 11. The town executive may revoke or suspend any license
issued by the town if the person holding the license has violated the
terms or conditions of the license or of the law under which it was
issued. As added by Acts 1981, P.L.11, SEC.165.
IC 36-5-4-12 Preapproved payments of claims
Sec. 12. (a) The legislative body of a town may adopt an
ordinance allowing money to be disbursed under this section for
lawful town purposes.
(b) Notwithstanding IC 5-11-10, with the prior written approval
of the board having jurisdiction over allowance of the claim, a town
fiscal officer may make claim payments in advance of a board
allowance for the following types of expenses if the town legislative
body has adopted an ordinance under subsection (a):
(1) Property or services purchased or leased from:
(A) the United States government; or
(B) an agency or a political subdivision of the United States
government.
(2) License fees or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) Federal grant programs if:
(A) advance funding is not prohibited; and
(B) the contracting party provides sufficient security for the
amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance agreements or service agreements.
(8) Lease agreements or rental agreements.
(9) Principal and interest payments on bonds.
(10) Payroll.
(11) State, federal, or county taxes.
(12) Expenses that must be paid because of emergency
circumstances.
(13) Expenses described in an ordinance.
(c) Each payment of expenses under this section must be
supported by a fully itemized invoice or bill and certification by the
fiscal officer.
(d) The town legislative body or the board having jurisdiction
over the allowance of the claim shall review and allow the claim at
the body's or board's next regular or special meeting following the
preapproved payment of the expense. As added by P.L.32-1992, SEC.7. Amended by P.L.69-1995, SEC.11.
IC 36-5-4-13 Transfer between funds
Sec. 13. (a) Except as provided in subsection (c), this subsection
applies to a town with a population of five hundred (500) or less.
Notwithstanding the provisions of any other statute, a town may
transfer money from any town fund to another town fund after the
passage of an ordinance or a resolution by the town legislative body
specifying the:
(1) amount of the transfer;
(2) funds involved;
(3) date of the transfer; and
(4) general purpose of the transfer.
(b) Except as provided in subsection (c), this subsection applies
to a town having a population of more than five hundred (500) but
less than two thousand (2,000). Notwithstanding IC 8-14-1 and
IC 8-14-2, a town may transfer money distributed to the town from:
(1) the motor vehicle highway account under IC 8-14-1;
(2) the local road and street account under IC 8-14-2; or
(3) the:
(A) motor vehicle highway account under IC 8-14-1; and
(B) local road and street account under IC 8-14-2;
to any other town fund after the passage of an ordinance or a
resolution by the town legislative body that specifies the amount of
the transfer, the funds involved, the date of the transfer, and the
general purpose of the transfer. However, the total amount of all
money transferred by a town under this subsection may not exceed
forty thousand dollars ($40,000).
(c) A:
(1) municipality located in a county having a population of
more than fourteen thousand nine hundred (14,900) but less
than sixteen thousand (16,000); and
(2) town:
(A) located in a county having a population of more than
thirty-four thousand nine hundred (34,900) but less than
thirty-four thousand nine hundred fifty (34,950); and
(B) having a population of less than one thousand (1,000);
may not transfer money under this section to or from a food and
beverage tax receipts fund established under IC 6-9. As added by P.L.17-1995, SEC.21. Amended by P.L.233-1996,
SEC.1; P.L.170-2002, SEC.146.
IC 36-5-4-14 Filing copies of agency financial records
Sec. 14. Each town agency, board, commission, district, or other
town entity shall file one (1) copy of that agency's, board's,
commission's, district's, or entity's financial records with the town
fiscal officer. As added by P.L.98-2000, SEC.23.
IC 36-5-4
Chapter 4. Miscellaneous Town Fiscal and Administrative
Provisions
IC 36-5-4-1 Application of chapter
Sec. 1. This chapter applies to all towns. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-2 Appropriations by ordinance
Sec. 2. Unless a statute provides otherwise, town monies may be
disbursed only after an appropriation made by ordinance of the town
legislative body and recorded in a book kept for that purpose by the
legislative body. Each appropriation must be made from the fund
against which the expenses arose. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-3 Issuance of warrants
Sec. 3. (a) The town legislative body or a board of the town may
order the issuance of warrants for payment of money by the town
only at a meeting of the legislative body or board.
(b) A town officer who violates this section forfeits his office. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-4 Claims against town; allowance; violation
Sec. 4. (a) Except as provided in section 12 of this chapter, the
town legislative body or a board of the town may allow a claim:
(1) only at a meeting of the legislative body or board; and
(2) only if the claim was filed in the manner prescribed by
IC 5-11-10-2 at least five (5) days before the meeting.
(b) A town officer who violates this section forfeits his office. As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992,
SEC.5.
IC 36-5-4-5
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-5-4-6 Claim defined; issuance of warrant for payment
Sec. 6. (a) As used in this section, "claim" means a bill or an
invoice submitted for goods or services.
(b) Except as provided in section 12 of this chapter, a warrant for
payment of a claim against a town may be issued only if the claim is:
(1) supported by a fully itemized invoice or bill under
IC 5-11-10-1.6;
(2) filed with the town fiscal officer;
(3) certified by the fiscal officer before payment that each
invoice is true and correct; and
(4) allowed by the town legislative body or by the board of the
town having jurisdiction over allowance of the payment of the
claim.
(c) The certification by the fiscal officer under subsection (b)(3)
must be on a form prescribed by the state board of accounts. As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992,
SEC.6; P.L.71-1995, SEC.5; P.L.69-1995, SEC.10.
IC 36-5-4-7 Vacation leave; compensation
Sec. 7. One (1) to three (3) days before the vacation leave period
of a town officer or employee begins, the town may pay him the
amount of compensation he will earn while he is on vacation leave. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-8
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 36-5-4-9
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-5-4-10 Delivery of records and property by town officer to successor
Sec. 10. Each town officer shall deliver town records and property
in his custody to his successor in office when that successor
qualifies. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-11 Licenses issued by town; revocation or suspension
Sec. 11. The town executive may revoke or suspend any license
issued by the town if the person holding the license has violated the
terms or conditions of the license or of the law under which it was
issued. As added by Acts 1981, P.L.11, SEC.165.
IC 36-5-4-12 Preapproved payments of claims
Sec. 12. (a) The legislative body of a town may adopt an
ordinance allowing money to be disbursed under this section for
lawful town purposes.
(b) Notwithstanding IC 5-11-10, with the prior written approval
of the board having jurisdiction over allowance of the claim, a town
fiscal officer may make claim payments in advance of a board
allowance for the following types of expenses if the town legislative
body has adopted an ordinance under subsection (a):
(1) Property or services purchased or leased from:
(A) the United States government; or
(B) an agency or a political subdivision of the United States
government.
(2) License fees or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) Federal grant programs if:
(A) advance funding is not prohibited; and
(B) the contracting party provides sufficient security for the
amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance agreements or service agreements.
(8) Lease agreements or rental agreements.
(9) Principal and interest payments on bonds.
(10) Payroll.
(11) State, federal, or county taxes.
(12) Expenses that must be paid because of emergency
circumstances.
(13) Expenses described in an ordinance.
(c) Each payment of expenses under this section must be
supported by a fully itemized invoice or bill and certification by the
fiscal officer.
(d) The town legislative body or the board having jurisdiction
over the allowance of the claim shall review and allow the claim at
the body's or board's next regular or special meeting following the
preapproved payment of the expense. As added by P.L.32-1992, SEC.7. Amended by P.L.69-1995, SEC.11.
IC 36-5-4-13 Transfer between funds
Sec. 13. (a) Except as provided in subsection (c), this subsection
applies to a town with a population of five hundred (500) or less.
Notwithstanding the provisions of any other statute, a town may
transfer money from any town fund to another town fund after the
passage of an ordinance or a resolution by the town legislative body
specifying the:
(1) amount of the transfer;
(2) funds involved;
(3) date of the transfer; and
(4) general purpose of the transfer.
(b) Except as provided in subsection (c), this subsection applies
to a town having a population of more than five hundred (500) but
less than two thousand (2,000). Notwithstanding IC 8-14-1 and
IC 8-14-2, a town may transfer money distributed to the town from:
(1) the motor vehicle highway account under IC 8-14-1;
(2) the local road and street account under IC 8-14-2; or
(3) the:
(A) motor vehicle highway account under IC 8-14-1; and
(B) local road and street account under IC 8-14-2;
to any other town fund after the passage of an ordinance or a
resolution by the town legislative body that specifies the amount of
the transfer, the funds involved, the date of the transfer, and the
general purpose of the transfer. However, the total amount of all
money transferred by a town under this subsection may not exceed
forty thousand dollars ($40,000).
(c) A:
(1) municipality located in a county having a population of
more than fourteen thousand nine hundred (14,900) but less
than sixteen thousand (16,000); and
(2) town:
(A) located in a county having a population of more than
thirty-four thousand nine hundred (34,900) but less than
thirty-four thousand nine hundred fifty (34,950); and
(B) having a population of less than one thousand (1,000);
may not transfer money under this section to or from a food and
beverage tax receipts fund established under IC 6-9. As added by P.L.17-1995, SEC.21. Amended by P.L.233-1996,
SEC.1; P.L.170-2002, SEC.146.
IC 36-5-4-14 Filing copies of agency financial records
Sec. 14. Each town agency, board, commission, district, or other
town entity shall file one (1) copy of that agency's, board's,
commission's, district's, or entity's financial records with the town
fiscal officer. As added by P.L.98-2000, SEC.23.
IC 36-5-4
Chapter 4. Miscellaneous Town Fiscal and Administrative
Provisions
IC 36-5-4-1 Application of chapter
Sec. 1. This chapter applies to all towns. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-2 Appropriations by ordinance
Sec. 2. Unless a statute provides otherwise, town monies may be
disbursed only after an appropriation made by ordinance of the town
legislative body and recorded in a book kept for that purpose by the
legislative body. Each appropriation must be made from the fund
against which the expenses arose. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-3 Issuance of warrants
Sec. 3. (a) The town legislative body or a board of the town may
order the issuance of warrants for payment of money by the town
only at a meeting of the legislative body or board.
(b) A town officer who violates this section forfeits his office. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-4 Claims against town; allowance; violation
Sec. 4. (a) Except as provided in section 12 of this chapter, the
town legislative body or a board of the town may allow a claim:
(1) only at a meeting of the legislative body or board; and
(2) only if the claim was filed in the manner prescribed by
IC 5-11-10-2 at least five (5) days before the meeting.
(b) A town officer who violates this section forfeits his office. As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992,
SEC.5.
IC 36-5-4-5
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-5-4-6 Claim defined; issuance of warrant for payment
Sec. 6. (a) As used in this section, "claim" means a bill or an
invoice submitted for goods or services.
(b) Except as provided in section 12 of this chapter, a warrant for
payment of a claim against a town may be issued only if the claim is:
(1) supported by a fully itemized invoice or bill under
IC 5-11-10-1.6;
(2) filed with the town fiscal officer;
(3) certified by the fiscal officer before payment that each
invoice is true and correct; and
(4) allowed by the town legislative body or by the board of the
town having jurisdiction over allowance of the payment of the
claim.
(c) The certification by the fiscal officer under subsection (b)(3)
must be on a form prescribed by the state board of accounts. As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992,
SEC.6; P.L.71-1995, SEC.5; P.L.69-1995, SEC.10.
IC 36-5-4-7 Vacation leave; compensation
Sec. 7. One (1) to three (3) days before the vacation leave period
of a town officer or employee begins, the town may pay him the
amount of compensation he will earn while he is on vacation leave. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-8
Repealed
(Repealed by Acts 1981, P.L.57, SEC.45.)
IC 36-5-4-9
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 36-5-4-10 Delivery of records and property by town officer to successor
Sec. 10. Each town officer shall deliver town records and property
in his custody to his successor in office when that successor
qualifies. As added by Acts 1980, P.L.212, SEC.4.
IC 36-5-4-11 Licenses issued by town; revocation or suspension
Sec. 11. The town executive may revoke or suspend any license
issued by the town if the person holding the license has violated the
terms or conditions of the license or of the law under which it was
issued. As added by Acts 1981, P.L.11, SEC.165.
IC 36-5-4-12 Preapproved payments of claims
Sec. 12. (a) The legislative body of a town may adopt an
ordinance allowing money to be disbursed under this section for
lawful town purposes.
(b) Notwithstanding IC 5-11-10, with the prior written approval
of the board having jurisdiction over allowance of the claim, a town
fiscal officer may make claim payments in advance of a board
allowance for the following types of expenses if the town legislative
body has adopted an ordinance under subsection (a):
(1) Property or services purchased or leased from:
(A) the United States government; or
(B) an agency or a political subdivision of the United States
government.
(2) License fees or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) Federal grant programs if:
(A) advance funding is not prohibited; and
(B) the contracting party provides sufficient security for the
amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance agreements or service agreements.
(8) Lease agreements or rental agreements.
(9) Principal and interest payments on bonds.
(10) Payroll.
(11) State, federal, or county taxes.
(12) Expenses that must be paid because of emergency
circumstances.
(13) Expenses described in an ordinance.
(c) Each payment of expenses under this section must be
supported by a fully itemized invoice or bill and certification by the
fiscal officer.
(d) The town legislative body or the board having jurisdiction
over the allowance of the claim shall review and allow the claim at
the body's or board's next regular or special meeting following the
preapproved payment of the expense. As added by P.L.32-1992, SEC.7. Amended by P.L.69-1995, SEC.11.
IC 36-5-4-13 Transfer between funds
Sec. 13. (a) Except as provided in subsection (c), this subsection
applies to a town with a population of five hundred (500) or less.
Notwithstanding the provisions of any other statute, a town may
transfer money from any town fund to another town fund after the
passage of an ordinance or a resolution by the town legislative body
specifying the:
(1) amount of the transfer;
(2) funds involved;
(3) date of the transfer; and
(4) general purpose of the transfer.
(b) Except as provided in subsection (c), this subsection applies
to a town having a population of more than five hundred (500) but
less than two thousand (2,000). Notwithstanding IC 8-14-1 and
IC 8-14-2, a town may transfer money distributed to the town from:
(1) the motor vehicle highway account under IC 8-14-1;
(2) the local road and street account under IC 8-14-2; or
(3) the:
(A) motor vehicle highway account under IC 8-14-1; and
(B) local road and street account under IC 8-14-2;
to any other town fund after the passage of an ordinance or a
resolution by the town legislative body that specifies the amount of
the transfer, the funds involved, the date of the transfer, and the
general purpose of the transfer. However, the total amount of all
money transferred by a town under this subsection may not exceed
forty thousand dollars ($40,000).
(c) A:
(1) municipality located in a county having a population of
more than fourteen thousand nine hundred (14,900) but less
than sixteen thousand (16,000); and
(2) town:
(A) located in a county having a population of more than
thirty-four thousand nine hundred (34,900) but less than
thirty-four thousand nine hundred fifty (34,950); and
(B) having a population of less than one thousand (1,000);
may not transfer money under this section to or from a food and
beverage tax receipts fund established under IC 6-9. As added by P.L.17-1995, SEC.21. Amended by P.L.233-1996,
SEC.1; P.L.170-2002, SEC.146.
IC 36-5-4-14 Filing copies of agency financial records
Sec. 14. Each town agency, board, commission, district, or other
town entity shall file one (1) copy of that agency's, board's,
commission's, district's, or entity's financial records with the town
fiscal officer. As added by P.L.98-2000, SEC.23.
