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§ 31.055 TEMPORARY SUSPENSION OF RULES; AMENDMENT OF RULES.
   The rules of the Council may be temporarily suspended, altered or amended, by concurrence of a majority vote of all the Council members then in office.
ORDINANCES AND RESOLUTIONS
§ 31.070 MAJORITY VOTE; WHEN REQUIRED.
   (A)   A requirement that an ordinance, resolution or other action of the Town Council be passed by a majority vote means at least a majority vote of all the elected members.
(I.C. 36-5-2-9.4(a))
   (B)   A majority vote of the Town Council is required to pass an ordinance unless a greater vote is required by statute.
(I.C. 36-5-2-9.6)
Cross-reference:
   Effect of abstentions, see § 31.044
§ 31.071 TWO-THIRDS VOTE; WHEN REQUIRED.
   (A)   A requirement that an ordinance, resolution or other action of the Town Council be passed by a two-thirds vote means at least a two-thirds vote of all the elected members.
(I.C. 36-5-2-9.4(b))
   (B)   A two-thirds vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of the Town Council on the same day or at the same meeting at which it is introduced.
   (C)   Division (B) above does not apply to the following:
      (1)   A zoning ordinance or an amendment to a zoning ordinance adopted under I.C. 36-7; or
      (2)   An ordinance to increase the number of Town Council members adopted under I.C. 36-5-2-4.2, unless the ordinance also establishes new legislative body districts.
(I.C. 36-5-2-9.8)
§ 31.072 DATE OF ADOPTION; PUBLICATION.
   (A)   An ordinance, order, or resolution passed by the Town Council is considered adopted when it is signed by the President of Council. 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 I.C. 5-3-1 unless:
      (1)   It is published under division (C); or
      (2)   It declares an emergency requiring its immediate effectiveness and is posted in:
         (a)   One public place in each district in the town; or
         (b)   A number of public places in the town equal to the number of Town Council members, if the town has abolished legislative body districts under I.C. 36-5-2-4.1.
   (C)   Except as provided in division (E), if a town 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 division, it takes effect two weeks after the publication of the book or pamphlet. Publication under this division, 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 division (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 I.C. 36-7.
   (E)   An ordinance increasing a building permit fee on new development must:
      (1)   Be published one time in accordance with I.C. 5-3-1, and not later than 30 days after the ordinance is adopted by the Town Council in accordance with I.C. 5-3-1; and
      (2)   Delay the implementation of the fee increase for 90 days after the date the ordinance is published under division (D)(1) of this section.
   (F)   Subject to division (J), the legislative body shall:
      (1)   Subject to division (G), give written notice to the Department of Environmental Management not later than 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 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 division (F)(1).
   (H)   An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of division (F).
   (I)   The failure of an environmental restrictive ordinance to comply with division (H) does not void the ordinance.
   (J)   The notice requirements of division (F) of this section apply only if the municipal corporation received under I.C. 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in division (F) as part of a risk based remediation proposal:
      (1)   Approved by the department; and
      (2)   Conducted under I.C. 13-22, I.C. 13-23, I.C. 13-24, I.C. 13-25-4, or I.C. 13-25-5.
(I.C. 36-5-2-10)
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