IC 36-4-6-14
Ordinance, order, or resolution adoption; requirements
Sec. 14. (a) An ordinance, order, or resolution passed by the legislative body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) either approved by the city executive or passed over the executive's veto by the legislative body, under section 16 of this chapter.
If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1, unless:
(1) it is published under subsection (c); or
(2) there is an urgent necessity requiring its immediate effectiveness, the city executive proclaims the urgent necessity, and copies of the ordinance are posted in three (3) public places in each of the districts from which members are elected to the legislative body.
(c) Except as provided in subsection (e), if a city publishes any of its ordinances in book or pamphlet form, no other publication is required. If an ordinance prescribing a penalty or forfeiture for a violation is published under this subsection, it takes effect two (2) weeks after the publication of the book or pamphlet. Publication under this subsection, if authorized by the legislative body, constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly
signed, attested, recorded, and approved.
(d) This section (other than subsection (f)) does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.
(e) An ordinance increasing a building permit fee on new development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and
(2) delay the implementation of the fee increase for ninety (90) days after the date the ordinance is published under subdivision (1).
(f) Subject to subsection (j), the legislative body shall:
(1) subject to subsection (g), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental
restrictive ordinance; and
(2) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.
(g) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subsection (f)(1).
(h) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subsection (f).
(i) The failure of an environmental restrictive ordinance to comply with subsection (h) does not void the ordinance.
(j) The notice requirements of subsection (f) apply only if the municipal corporation received under IC 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in subsection (f) as part of a risk based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.335-1985, SEC.36; P.L.100-2003, SEC.2; P.L.78-2009, SEC.25; P.L.159-2011, SEC.46.
IC 36-4-6-15
Ordinance, order, or resolution; presentation to city executive
Sec. 15. After an ordinance, order, or resolution passed by the legislative body has been signed by the presiding officer, the clerk shall present it to the city executive, and record the time of the presentation.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-16
Ordinance, order, or resolution; power of city executive to approve or veto
Sec. 16. (a) Within ten (10) days after an ordinance, order, or resolution is presented to him, the city executive shall:
(1) approve the ordinance, order, or resolution, by entering his approval on it, signing it, and sending the legislative body a message announcing his approval; or
(2) veto the ordinance, order, or resolution, by returning it to the legislative body with a message announcing his veto and stating his reasons for the veto.
The executive may approve or veto separate items of an ordinance appropriating money or levying a tax.
(b) If the executive fails to perform his duty under subsection (a), the ordinance, order, or resolution is considered vetoed.
(c) Whenever an ordinance, order, or resolution is vetoed by the city executive, it is considered defeated unless the legislative body, at its first regular or special meeting after the ten (10) day period
prescribed by subsection (a), passes the ordinance, order, or resolution over his veto by a two-thirds (2/3) vote.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-17
Ordinance adoption; recording; contents of record; effect as evidence
Sec. 17. Within a reasonable time after an ordinance of the legislative body is adopted, the clerk shall record it in a book kept for that purpose. The record must include:
(1) the signature of the presiding officer;
(2) the attestation of the clerk;
(3) the executive's approval or veto of the ordinance;
(4) if applicable, a memorandum of the passage of the ordinance over the veto; and
(5) the date of each recorded item.
The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-18
Purposes of ordinance, order, resolution, or motion
Sec. 18. The legislative body may pass ordinances, orders, resolutions, and motions for the government of the city, the control of the city's property and finances, and the appropriation of money.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-6-24
Attorneys and legal research assistants
Sec. 24. (a) The legislative body may hire or contract with competent attorneys and legal research assistants on terms it considers appropriate.
(b) Employment of an attorney under this section does not affect
the city department of law established under IC 36-4-9.
(c) Appropriations for salaries of attorneys and legal research assistants employed under this section may not exceed the appropriations for similar salaries in the budget of the city department of law.
As added by Acts 1980, P.L.212, SEC.3.