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Chapter 1. Incorporation; Dissolution
36-5-1-1. Application of Chapter - Sec. 1. This chapter applies to all towns except an...
36-5-1-2. Requirements of Petition to Incorporate Town - Sec. 2. (a) Proceedings to incorporate a town may be...
36-5-1-3. Items to Accompany Petition - Sec. 3. A petition for incorporation must be accompanied by...
36-5-1-4. Sufficiency of Petition; Plan Commission Recommendations - Sec. 4. (a) On receipt of a petition for incorporation,...
36-5-1-5. Public Hearing on Petition; Notice - Sec. 5. The county executive shall hold a public hearing...
36-5-1-6. Parties Entitled to Be Heard; Remonstrance; Dismissal of Petition - Sec. 6. The recipients of the notice required by section...
36-5-1-7. Petition to Incorporate Town Within Certain Distance of City Boundaries - Sec. 7. (a) The petitioners must obtain the consent by...
36-5-1-7.1. Exemption From City Consent Requirements - Sec. 7.1. The petitioners in a county having a population...
36-5-1-8. County Executive Action on Petition; Public Question - Sec. 8. (a) The county executive may approve a petition...
36-5-1-9. Denied Petition; Resubmittal - Sec. 9. This section applies only to a petition filed...
36-5-1-10. Repealed - [Pre-Local Government Recodification Citations: 18-3-1-3; 18-3-1-11 part.] As added by...
36-5-1-10.1. Adoption of Ordinance Incorporating Town; Required Provisions to Conduct Elections; Territory Not Included in Any District or in More Than One District; Effective Date of Ordinance - Sec. 10.1. (a) If a majority of the voters voting...
36-5-1-11. Liability for Existing Indebtedness or Other Obligations; Payment to Township - Sec. 11. (a) If the township in which a new...
36-5-1-11.5. Localities Considered Towns for All Purposes - Sec. 11.5. A locality that: (1) has elected town officers...
36-5-1-12. Proceedings to Dissolve or Change Name; Petition, Signatures, and Reasons - Sec. 12. (a) Proceedings to dissolve a town may be...
36-5-1-13. Bond for Costs and Expenses - Sec. 13. A petition filed under section 12 of this...
36-5-1-14. Notice of Filing of Petition and Day of Hearing - Sec. 14. When a petition is filed under section 12...
36-5-1-15. Hearing; Withdrawal of Petitioner's Name; Decision - Sec. 15. (a) On the date named in the notice...
36-5-1-16. Dissolution or Change of Name; Date of Election; Notice - Sec. 16. If the town legislative body decides to submit...
36-5-1-17. Election; Ballots; Clerk's Statement of Votes Cast - Sec. 17. (a) An election under section 16 of this...
36-5-1-18. Number of Votes and Voters Required; Effective Dates of Change of Name and Dissolution; Disposition of Property; Validity of Contracts - Sec. 18. (a) If at least two-thirds (2/3) of the...
36-5-1-19. Aggrieved Persons; Appeal; Procedure - Sec. 19. (a) A person aggrieved by a decision made...
36-5-1-20. Towns Not Functioning for Ten Years; Hearing; Findings; Adoption of Ordinance or Ordering Dissolution - Sec. 20. (a) This section does not apply to a...
36-5-1-21. Approvals of Proceedings to Incorporate Town Across County Boundaries Commenced Before July 1, 1999 - Sec. 21. Notwithstanding sections 2 and 10.1 of this chapter,...
Chapter 1.1. Dissolution of Small Towns
36-5-1.1-1. Application of Chapter - Sec. 1. This chapter applies to: (1) towns having a...
36-5-1.1-2. Institution of Proceedings - Sec. 2. (a) Proceedings to dissolve a town may be...
36-5-1.1-3. Public Hearing; Notice - Sec. 3. The county executive shall hold a public hearing...
36-5-1.1-4. Recommendations of Plan Commission - Sec. 4. (a) The county executive shall forward one (1)...
36-5-1.1-5. Parties; Remonstrance Against Dissolution; Dismissal of Petition - Sec. 5. The recipients of the notice required by section...
36-5-1.1-6. Decision of County Executive - Sec. 6. The county executive shall, on the date fixed...
36-5-1.1-7. Evidentiary Considerations - Sec. 7. At the hearing the county executive shall approve...
36-5-1.1-8. Residents' Challenge to Sufficiency or Validity of Petition - Sec. 8. The county executive shall permit the residents of...
36-5-1.1-9. Appeal; Notice; Bond; Transcript; Change of Venue; Effective Date of Dissolution - Sec. 9. (a) A person aggrieved by a decision made...
36-5-1.1-10. Dissolution Ordinance; Effective Date; Disposition of Property; Validity of Contracts; Records - Sec. 10. (a) If the county executive approves dissolution under...
36-5-1.1-10.5. Dissolution of Town; Requisites of Resolution; Notice; Hearing; Adoption of Ordinance; Effective Date of Dissolution; Validity of Town Contracts - Sec. 10.5. (a) This section applies to the dissolution of...
36-5-1.1-10.6. Included Towns; Petition; Ballot Question; Filing Certification; Time of Dissolution; Results of Dissolution; Contracts - Sec. 10.6. (a) This section applies to included towns. (b)...
36-5-1.1-11. Limitation - Sec. 11. If a dissolution proceeding under this chapter is...
36-5-1.1-12. Towns Not Functioning for Ten Years; Hearing; Findings; Adoption of Ordinance or Ordering Dissolution - Sec. 12. (a) This section does not apply to a...
Chapter 1.2. Change of Name of a Small Town
36-5-1.2-1. Applicability of Chapter; Other Applicable Provisions - Sec. 1. (a) This chapter applies to towns having a...
36-5-1.2-2. Petition to Change Name; Conditions; Bond - Sec. 2. A proceeding to change the name of a...
36-5-1.2-3. Withdrawal From Petition - Sec. 3. (a) A petitioner may withdraw from the petition...
36-5-1.2-4. Notice of Petition Filing and Hearing - Sec. 4. If a petition is filed under section 2...
36-5-1.2-5. Hearing to Consider Petition - Sec. 5. On the day and time set in the...
36-5-1.2-6. Adoption of Resolution for Name Change - Sec. 6. If after the hearing held under section 5...
36-5-1.2-7. Appeal of Decision; Standing - Sec. 7. A person aggrieved by a decision made by...
36-5-1.2-8. Appeal of Decision; Notice and Bond - Sec. 8. To begin an appeal under section 7 of...
36-5-1.2-9. Appeal of Decision; Clerk of Court Filings - Sec. 9. If section 8 of this chapter is satisfied,...
36-5-1.2-10. Stay of Name Change - Sec. 10. The town legislative body may not take further...
36-5-1.2-11. Determination of Appeal Without Jury; Change of Venue - Sec. 11. (a) The circuit court, superior court, or probate...
36-5-1.2-12. Certification of Resolution Not Appealed - Sec. 12. If an appeal has not been filed, not...
36-5-1.2-13. Effective Date of Name Change - Sec. 13. A change of the town's name takes effect...
Chapter 2. Town Legislative Body and Executive
36-5-2-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to sections 9.8 and 10...
36-5-2-1. Application of Chapter - Sec. 1. This chapter applies to all towns. [Local Government...
36-5-2-2. Town Council; President - Sec. 2. The town council elected under IC 3-10-6 or...
36-5-2-3. Term of Office of Members - Sec. 3. (a) Except as provided in subsection (b), (c),...
36-5-2-4. Repealed - [Pre-Local Government Recodification Citation: 18-3-1-11 part.] As added by Acts...
36-5-2-4.1. Town Legislative Body Districts; Standards; Towns of Less Than 3,500 Abolishing Districts; Ordinances; Recertification of Districts; Filing With Circuit Court Clerk; Time for Filing - Sec. 4.1. (a) The legislative body may, by ordinance, divide...
36-5-2-4.2. Change in Number of Members in Legislative Body; Resolution; Implementation - Sec. 4.2. (a) This section applies to the alteration of...
36-5-2-4.5. Adoption of Ordinances; Elections - Sec. 4.5. (a) This section applies to a town if...
36-5-2-5. Representation by District, at Large, or Both - Sec. 5. (a) The legislative body has: (1) one (1)...
36-5-2-6. Residency Requirement - Sec. 6. (a) A member of the legislative body must...
36-5-2-6.5. Circumstances Creating a Vacancy on the Town Council - Sec. 6.5. A vacancy on the legislative body is created...
36-5-2-7. President of Legislative Body; Selection; Term - Sec. 7. The legislative body shall select one (1) of...
36-5-2-8. Town Clerk-Treasurer as Clerk; Ex Officio Member for Casting Tie Breaking Vote - Sec. 8. (a) The town clerk-treasurer is the clerk of...
36-5-2-9. Powers of Legislative Body - Sec. 9. The legislative body may: (1) adopt ordinances and...
36-5-2-9.2. Quorum - Sec. 9.2. A majority of all the elected members of...
36-5-2-9.4. Majority Vote; Two-Thirds Vote - Sec. 9.4. (a) A requirement that an ordinance, resolution, or...
36-5-2-9.6. Majority Vote to Pass Ordinance - Sec. 9.6. A majority vote of the legislative body is...
36-5-2-9.8. Two-Thirds Vote With Unanimous Consent of Members Present - Sec. 9.8. (a) A two-thirds (2/3) vote of all the...
36-5-2-10. Ordinance, Order, or Resolution Adoption; Requirements - Sec. 10. (a) An ordinance, order, or resolution passed by...
36-5-2-10.2. Recording of Adopted Ordinance; Presumptive Evidence - Sec. 10.2. Within a reasonable time after an ordinance of...
36-5-2-11. Bond Issuance, Purpose, Payments, Requirements, and Procedures; Short Term Loans - Sec. 11. (a) Subject to IC 5-1-11.5 and IC 5-11-1-4(c),...
36-5-2-12. Loans and Notes; Procedures; Actions to Contest Validity - Sec. 12. (a) The legislative body may, by ordinance, make...
36-5-2-13. Removal of Town Employee - Sec. 13. The town executive must have the approval of...
Chapter 3. Town Budget Procedures and Compensation of Officers and Employees
36-5-3-1. Application of Chapter - Sec. 1. This chapter applies to all towns. [Local Government...
36-5-3-2. Compensation for Officers and Employees; Fixing of Annual Compensation; Determining Increases or Decreases in Compensation - Sec. 2. (a) As used in this section, "compensation" means...
36-5-3-3. Formulation of Budget Estimate - Sec. 3. Before the publication (before January 1, 2015) and...
36-5-3-4. Report of Budget Estimates; Ordinances Fixing Tax Rate and Appropriations - Sec. 4. The town fiscal officer shall present the report...
36-5-3-5. Additional Appropriations; Decrease; Ordinances - Sec. 5. After the passage of the appropriation ordinance, the...
36-5-3-6. Waiver of Compensation - Sec. 6. (a) As used in this section, "compensation" means...
Chapter 4. Miscellaneous Town Fiscal and Administrative Provisions
36-5-4-1. Application of Chapter - Sec. 1. This chapter applies to all towns. [Local Government...
36-5-4-2. Appropriations by Ordinance - Sec. 2. Unless a statute provides otherwise, town monies may...
36-5-4-3. Issuance of Warrants - Sec. 3. (a) The town legislative body or a board...
36-5-4-4. Claims Against Town; Allowance; Violation - Sec. 4. (a) Except as provided in section 12 of...
36-5-4-5. Repealed - [Pre-Local Government Recodification Citation: 18-1-20-1 part.] As added by Acts...
36-5-4-6. Claim Defined; Issuance of Warrant for Payment - Sec. 6. (a) As used in this section, "claim" means...
36-5-4-7. Vacation Leave; Compensation - Sec. 7. One (1) to three (3) days before the...
36-5-4-8. Repealed - [Pre-Local Government Recodification Citations: 18-6-11-5 part; 18-6-11-6 part.] As added...
36-5-4-9. Repealed - [Pre-Local Government Recodification Citation: 18-1-20-2 part.] As added by Acts...
36-5-4-10. Delivery of Records and Property by Town Officer to Successor - Sec. 10. Each town officer shall deliver town records and...
36-5-4-11. Licenses Issued by Town; Revocation or Suspension - Sec. 11. The town executive may revoke or suspend any...
36-5-4-12. Preapproved Payments of Claims - Sec. 12. (a) The legislative body of a town may...
36-5-4-13. Transfer Between Funds - Sec. 13. (a) Except as provided in subsection (c), this...
36-5-4-14. Filing Copies of Agency Financial Records - Sec. 14. Each town agency, board, commission, district, or other...
Chapter 5. Town Manager
36-5-5-1. Application of Chapter - Sec. 1. This chapter applies to all towns. [Local Government...
36-5-5-2. Employment; Compensation; Tenure - Sec. 2. The town legislative body may employ a town...
36-5-5-3. Legislative Body Members Barred - Sec. 3. The town legislative body may not employ one...
36-5-5-4. Joint Employment - Sec. 4. The legislative bodies of two (2) or more...
36-5-5-5. Performance Bond - Sec. 5. The manager must, in the manner prescribed by...
36-5-5-6. Acting Manager - Sec. 6. The town legislative body may appoint a qualified...
36-5-5-7. Bonds, Notes, or Warrants; Prohibition - Sec. 7. The town legislative body may not authorize the...
36-5-5-8. Duties - Sec. 8. The manager, under the direction of the town...
36-5-5-9. Police Disciplinary Body Membership Barred - Sec. 9. The manager may not serve as a member...
Chapter 6. Town Clerk-Treasurer
36-5-6-1. Application of Chapter - Sec. 1. This chapter applies to all towns. [Local Government...
36-5-6-2. Clerk and Fiscal Officer; Exception - Sec. 2. Except as provided in IC 36-5-6.5, the clerk-treasurer...
36-5-6-3. Residency; Term of Office - Sec. 3. (a) The clerk-treasurer must reside within the town...
36-5-6-4. Election - Sec. 4. The clerk-treasurer shall be elected under IC 3-10-6...
36-5-6-5. Oaths, Depositions, and Acknowledgments - Sec. 5. The clerk-treasurer may administer oaths, take depositions, and...
36-5-6-5.1. Office Space Provided - Sec. 5.1. If office space exists in a building owned...
36-5-6-6. Powers and Duties; Exception - Sec. 6. (a) This section does not apply to a...
36-5-6-6.5. Conversion of Town Clerk-Treasurer Into Town Clerk and Town Controller; Ordinance; Duties of Town Clerk After Conversion; References to Town Clerk-Treasurer - Sec. 6.5. (a) This section applies only to a town...
36-5-6-7. Deputies and Employees - Sec. 7. (a) The clerk-treasurer shall appoint the number of...
36-5-6-8. Employment of Attorneys or Legal Research Assistants - Sec. 8. (a) A clerk-treasurer may hire or contract with...
36-5-6-9. Vacancy in Office - Sec. 9. (a) This section applies if an office of...
36-5-6-10. Training Requirements - Sec. 10. (a) As used in this section, "training courses"...
Chapter 6.5. Town Controller
36-5-6.5-1. Application; Town With Certain Population; Adoption of Ordinance - Sec. 1. This chapter applies only to a town that:...
36-5-6.5-2. Adoption of Ordinance to Establish Office of Town Controller - Sec. 2. The town legislative body may adopt an ordinance...
36-5-6.5-3. Town Controller Is Town Fiscal Officer - Sec. 3. The town controller serves as the town's fiscal...
36-5-6.5-4. Town Controller Is Head of Town Department of Finance - Sec. 4. The town controller is the head of the...
36-5-6.5-5. Town Controller Duties - Sec. 5. The town controller shall do the following: (1)...
36-5-6.5-6. Town Controller Acts or Omissions; Liability - Sec. 6. The town controller is not liable, in an...
Chapter 7. Town Marshal
36-5-7-1. Application of Chapter - Sec. 1. This chapter applies to all towns that have...
36-5-7-2. Appointment; Compensation - Sec. 2. The town legislative body shall appoint a town...
36-5-7-3. Tenure; Termination or Suspension; Procedures - Sec. 3. The marshal serves at the pleasure of the...
36-5-7-4. Chief Police Officer; Powers and Duties - Sec. 4. The marshal is the chief police officer of...
36-5-7-5. Service as Street Commissioner, Chief of Fire Department, or Both - Sec. 5. The town legislative body may require the marshal...
36-5-7-6. Deputy Marshals; Appointment; Powers and Liabilities; Bond, Compensation, and Term; Dismissal; Procedure - Sec. 6. (a) The town legislative body shall by ordinance...
36-5-7-7. Body Armor - Sec. 7. (a) As used in this section, "body armor"...