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 the next general election or municipal election, whichever is earlier, following the date fixed for an election under section 2 of this chapter on the question of whether the town should be changed into a city. 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. Amended by P.L.202-2013, SEC.30.
Structure Indiana Code
Article 4. Government of Cities and Towns Generally
Chapter 1.5. Changing a Town Into a City
36-4-1.5-1. Change of Status; Town to City
36-4-1.5-2. Change of Status; Procedure
36-4-1.5-3. Adoption of Ordinance
36-4-1.5-4. Newly Elected City Officers' Term of Office
36-4-1.5-5. Effective Date of Status Change
36-4-1.5-6. Continuation of Town Acts, Ordinances, Contracts, Rules, and Regulations