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PASSAGE OF ORDINANCES
(A) All ordinances and resolutions shall be prepared as directed by the Council, or as directed by the Council president.
(B) All other ordinances, resolutions, and contract documents shall, before presented to the Town Council for passage, adoption, or signing, have been approved as to form and legality by the Town Attorney or his authorized representative.
(C) Introduction of ordinances for passage and approval:
(1) All ordinances, resolutions, and other matters or subjects requiring action and consideration by the Town Council must be introduced during a public meeting of the Town Council.
(2) No ordinance shall be put on its final passage on the same day on which it was introduced, unless at least five of the members of the Town Council are present at the meeting on that day, and at least five members vote in favor of the passage of the ordinance during each reading thereof.
(3) All ordinances shall have two separate readings, but the second and final reading shall never be held on the same day as the first reading, except as provided in this section of the code. Each ordinance shall be read the first time without the necessity of any motion therefore. Any such ordinance shall only be passed to a second and final reading upon motion properly made, seconded, and carried by a majority vote. All ordinances may be read by title only, unless a reading in the entirety is requested by a Council member, or it deemed appropriate by the presiding officer.
(4) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and this code shall not be amended or repealed unless the ordinance contains the number of the chapter and section amended or repealed.
(5) Unless immediate consideration be moved, all resolutions shall be referred to the Council by the presiding officer, provided that any resolution providing for the appropriation of money shall designate the particular fund from which the appropriation is to be made. No resolution shall be granted immediate consideration unless the votes of the number of members required for the affirmative of such resolution shall be cast in favor of immediate consideration. An objection voiced of any one member shall require a roll call upon the motion for immediate consideration. If no objection is voiced, the Clerk-Treasurer shall record a unanimous consent to the motion for immediate consideration and the presiding officer shall proceed to state the principal question.
(‘82 Code, § 2-302(18)) (Am. Ord. 643, passed 3-7-95; Am. Ord. 724, passed 8-11-98)
(A) An ordinance, order, or resolution passed by the Town Council is considered adopted when it is signed by the President of the Town 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 IC 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 one public place in each district in the town.
(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 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 time in accordance with IC 5-3-1;
(b) Not later than 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 90 days after the date the ordinance is published under division (1).
(IC 36-5-2-10)
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