CHAPTER 31: TOWN COUNCIL
Section
General Provisions
   31.001   Term of office
   31.002   Residency required
   31.003   Powers and duties
   31.004   President
   31.005   Abolishment of legislative body districts
Meetings; General Provisions
   31.020   Open meetings
   31.021   Executive sessions
   31.022   Notice of meetings
   31.023   Agenda
   31.024   Record of meetings
   31.025   Quorum
   31.026   Clerk of Council; tie-breaking vote
   31.027   Special meetings
Meetings; Rules of Procedure
   31.040   Presiding officer
   31.041   Quorum for conducting business
   31.042   Absence of President
   31.043   Duties of the President
   31.044   Duties of Council members
   31.045   Seconding of motions required
   31.046   Withdrawal of motions
   31.047   Division of questions
   31.048   Record of motions
   31.049   Vote
   31.050   Precedence of motion
   31.051   Undebatable motions and exceptions to order
   31.052   Motion to adjourn
   31.053   Motion to postpone indefinitely
   31.054   Motion to amend
   31.055   Amendments
   31.056   Reconsideration
   31.057   Visitors and petitioners
   31.058   Reports, communications, petitions and the like
   31.059   Adoption of Robert's Rules of Order, revised
   31.060   Temporary suspension of rules; amendment of rules
Ordinances and Resolutions
   31.080   Majority vote; when required
   31.081   Two-thirds vote; when required
   31.082   Date of adoption; publication
   31.083   Record of ordinances
GENERAL PROVISIONS
§ 31.001 TERM OF OFFICE.
   Except as otherwise provided in I.C. 36-5-2-3(b), (c), (d), (e), (f) or (g), the term of office of a member of the Town Council is four years, beginning at 12:00 p.m. January 1 after the member’s election and continuing until the member’s successor is elected and qualified.
(I.C. 36-5-2-3(a))
§ 31.002 RESIDENCY REQUIRED.
   (A)   A member of the Town Council must reside within:
      (1)   The town as provided in Indiana Constitution, Article 6, § 6; and
      (2)   The district from which the member was elected, if applicable.
   (B)   A member of the Town Council who is elected by the voters of a district forfeits office if the member ceases to be a resident of the district.
   (C)   A member of the Town Council who is elected by the voters of the entire town, but is elected or selected as a candidate from a district, forfeits office if the member ceases to be a resident of the district.
   (D)   An at-large member of the Town Council forfeits office if the member ceases to be a resident of the town.
(I.C. 36-5-2-6)
§ 31.003 POWERS AND DUTIES.
   The Town Council may:
   (A)   Adopt ordinances and resolutions for the performance of functions of the town;
   (B)   Purchase, hold and convey any interest in property for the use of the town; and
   (C)   Adopt and use a common seal.
(I.C. 36-5-2-9)
§ 31.004 PRESIDENT.
   The Town Council shall select one of its members to be its President for a definite term, which may not exceed the member's term of office as a member of the Town Council.
(I.C. 36-5-2-7)
§ 31.005 ABOLISHMENT OF LEGISLATIVE BODY DISTRICTS.
   The Town Council of the Town of Clayton, Indiana, pursuant to I.C. 36-5-2 et seq. is eligible to adopt a section abolishing legislative body districts within the Town of Clayton.
   (A)   The Town of Clayton has a population of less than 3,500.
   (B)   There are not any scheduled municipal elections in 2017 for the Town of Clayton.
   (C)   The Town of Clayton abolishes all municipal legislative body districts. All Town Council positions shall be at large beginning on January 1, 2020 and the election for said positions shall be held beginning in 2019.
(Ord. 2017-01, passed 4-13-2017)
MEETINGS; GENERAL PROVISIONS
§ 31.020 OPEN MEETINGS.
   All meetings of the Town Council shall be held in accordance with state law regarding open meetings, being I.C. 5-14-1.5.
§ 31.021 EXECUTIVE SESSIONS.
   (A)   As used in this section, PUBLIC OFFICIAL means a person:
      (1)   Who is a member of a governing body of a public agency; or
      (2)   Whose tenure and compensation are fixed by law and who executes an oath.
   (B)   Executive sessions may be held only in the following instances:
      (1)   Where authorized by federal or state statute;
      (2)   For discussion of strategy with respect to any of the following:
         (a)   Collective bargaining;
         (b)   Initiation of litigation or litigation that is either pending or has been threatened specifically in writing. As used in this section, “litigation” includes any judicial action or administrative law proceeding under federal or state law;
         (c)   The implementation of security systems; or
         (d)   A real property transaction including: (i) a purchase; (ii) a lease as lessor; (iii) a lease as lessee; (iv) a transfer; (v) an exchange; or (vi) a sale by the Town Council up to the time a contract or option is executed by the parties. This clause does not affect a political subdivision's duty to comply with any other statute that governs the conduct of the real property transaction, including I.C. 36-1-10 or I.C. 36-1-11; or
         (e)   School consolidation.
      (3)   For discussion of the assessment, design and implementation of school safety and security measures, plans and systems;
      (4)   Interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects by the State Economic Development Corporation, the Office of Tourism Development (before July 1, 2020) or the Indiana Destination Development Corporation (after June 30, 2020), the State Finance Authority, the ports of the state, an Economic Development Commission, the State Department of Agriculture, the Indiana White River State Park Development Commission, a local economic development organization (as defined in I.C. 5-28-11-2(3)) or a governing body of a political subdivision;
      (5)   To receive information about and interview prospective employees;
      (6)   With respect to any individual over whom the Town Council has jurisdiction:
         (a)   To receive information concerning the individual's alleged misconduct; and
         (b)   To discuss, before a determination, the individual's status as an employee, a student or an independent contractor who is a physician or a school bus driver.
      (7)   For discussion of records classified as confidential by state or federal statute;
      (8)   To discuss before a placement decision an individual student's abilities, past performance, behavior and needs;
      (9)   To discuss a job performance evaluation of individual employees. This division does not apply to a discussion of the salary, compensation or benefits of employees during a budget process;
      (10)   When considering the appointment of a public official, to do the following:
         (a)   Develop a list of prospective appointees;
         (b)   Consider applications;
         (c)   Make one initial exclusion of prospective appointees from further consideration; and
         (d)   Notwithstanding I.C. 5-14-3-4(b)(12), the Town Council may release and shall make available for inspection and copying in accordance with I.C. 5-14-3-3 identifying information concerning prospective appointees not initially excluded from further consideration. An initial exclusion of prospective appointees from further consideration may not reduce the number of prospective appointees to fewer than three, unless there are fewer than three prospective appointees. Interviews of prospective appointees must be conducted at a meeting that is open to the public.
      (11)   To train School Board members with an outside consultant about the performance of the role of its members as public officials;
      (12)   To prepare or score examinations used in issuing licenses, certificates, permits or registrations under I.C. 25;
      (13)   To discuss information and intelligence intended to prevent, mitigate or respond to the threat of terrorism;
      (14)   To train members of a board of aviation commissioners appointed under I.C. 8-22-2 or members of an airport authority board appointed under I.C. 8-22-3 with an outside consultant about the performance of the role of the members as public officials. A board may hold not more than one executive session per calendar year under this division;
      (15)   For discussion by the governing body of a state educational institution of the assessment of or negotiation with another entity concerning the establishment of a collaborative relationship or venture to advance the research, engagement, or education mission of the state educational institution. However, this division does not apply to any discussions regarding research that is prohibited under I.C. 16-34.5-1-2 or under any other law.
   (C)   A final action must be taken at a meeting open to the public.
   (D)   Public notice of executive sessions must state the subject matter by specific reference to the enumerated instance or instances for which executive sessions may be held under division (B) of this section.
      (1)   The requirements stated in § 31.024 for memoranda and minutes being made available to the public is modified as to executive sessions in that the memoranda and minutes must identify the subject matter considered by specific reference to the enumerated instance or instances for which public notice was given.
      (2)   The Town Council shall certify by a statement in the memoranda and minutes of the Town Council that no subject matter was discussed in the executive session other than the subject matter specified in the public notice.
   (E)   The Town Council may not conduct an executive session during a meeting, except as otherwise permitted by applicable statute. A meeting may not be recessed and reconvened with the intent of circumventing this division.
(I.C. 5-14-1.5-6.1)
§ 31.022 NOTICE OF MEETINGS.
   (A)   Regular meetings of the Town Council shall be held at a time and place established by the Town Council.
   (B)   Public notice of the date, time and place of any meetings, executive sessions or of any rescheduled or reconvened meeting shall be given by the Town Council by posting a copy of the notice at the principal office of the Town Council, or if no such office exists, at the building where the meeting is to be held.
§ 31.023 AGENDA.
   (A)   The Town Council, when utilizing an agenda, shall post a copy of the agenda at the entrance to the location of the meeting prior to the meeting. A rule, regulation, ordinance or other final action adopted by reference to agenda number or item alone is void.
(I.C. 5-14-1.5-4(a))
   (B)   The Town Council shall designate a person who shall prepare the agenda for each meeting.
§ 31.024 RECORD OF MEETINGS.
   (A)   As the meeting progresses, the following memoranda shall be kept:
      (1)   The date, time and place of the meeting;
      (2)   The members of the Town Council recorded as either present or absent;
      (3)   The general substance of all matters proposed, discussed or decided;
      (4)   A record of all votes taken, by individual members if there is a roll call; and
      (5)   Any additional information required under I.C. 5-14-1.5-3.5 or 5-14-1.5-3.6 or any other statute that authorizes a governing body to conduct a meeting using an electronic means of communication.
   (B)   The memoranda are to be available within a reasonable period of time after the meeting for the purpose of informing the public of the Town Council's proceedings. The minutes, if any, are to be open for public inspection and copying.
(I.C. 5-14-1.5-4(b) and (c))
§ 31.025 QUORUM.
   A majority of all the elected members of the Town Council constitutes a quorum.
(I.C. 36-5-2-9.2)
§ 31.026 CLERK OF COUNCIL; TIE-BREAKING VOTE.
   (A)   The Town Clerk-Treasurer is the Clerk of the Town Council.
   (B)   The Clerk-Treasurer is an ex-officio member for the purpose of casting the deciding vote to break a tie.
(I.C. 36-5-2-8)
§ 31.027 SPECIAL MEETINGS.
   (A)   The President of the Town Council may convene a special meeting of the Town Council in an emergency, or whenever in his or her opinion there exists pressing or important business, which would best be conducted at a formal meeting of the Council, but which cannot conveniently await the next regular meeting. However, the business to be conducted at a special meeting need not be limited to the purpose for which the meeting is called, and any other business proper to the Council may also be conducted, unless:
      (1)   A statute requires that a particular item of business may only be conducted at a regular meeting;
      (2)   The Town Council has adopted a by-law or standing rule which stipulates that only business relating to the announced purpose of a special meeting may be conducted; but if so stipulated as a standing rule, the Council may also provide for its suspension as circumstances may warrant;
      (3)   The nature of the proposed additional business is such that a statute or town ordinance requires that published notice or other special notice be given in advance of any meeting at which the business is conducted, and the notice has not been given; or
      (4)   The special meeting is to be conducted as a confidential executive session, closed to the public, and is thereby limited to the purposes permitted by I.C. 5-14-1.5-6.
   (B)   The President shall give written or personal notice of the time and place of a special meeting to all other Council members and to the Clerk-Treasurer at least 48 hours in advance, unless the existence of an emergency prevents such an amount of advance notice. If the meeting is required to be held pursuant to statute, ordinance or regulation, the Clerk-Treasurer shall post or mail copies of the notice, as provided by I.C. 5-14-1.5-5(b).
(Ord. 1C-1984, passed - -1984)
MEETINGS; RULES OF PROCEDURE
§ 31.040 PRESIDING OFFICER.
   The Council President shall take the chair at the hour appointed, or to which the Council shall have adjourned, and shall immediately call the members to order; whereupon, the Clerk of Council shall proceed to call the roll of members. If a quorum is present, the Clerk of Council shall so announce and the Council shall proceed with the order of business.
Cross-reference:
   Election of Council President, see § 31.004
   Town Clerk-Treasurer serves as Clerk of Council, see § 31.026
§ 31.041 QUORUM FOR CONDUCTING BUSINESS.
   (A)   A quorum shall consist of a majority of the entire Council, including the Council President. A quorum shall be necessary to transact the business of the Town Council.
   (B)   If no quorum is present, the Council shall not thereby stand adjourned, but the members present shall adjourn or recess the Council by a majority vote.
§ 31.042 ABSENCE OF PRESIDENT.
   (A)   At any meeting of the Council where a majority shall be assembled, and if the President is temporarily absent but within or near the community, the Clerk of Council shall preside and call the roll, whereupon the Council shall elect a Temporary Chairperson from its membership.
   (B)   In the event that the absence of the President shall be of a more permanent nature, a President Pro Tem shall be elected.
§ 31.043 DUTIES OF THE PRESIDENT.
   (A)   The President shall serve as the Chair, shall preserve order and decorum and may speak to points of order in preference to other members, and shall decide all questions of order subject to appeal.
   (B)   If the President refuses to allow the Council members to exercise their right to appeal a decision of the Chair, the Council members may consider and pass upon the matter in spite of the Chair's failure to grant them appeal.
   (C)   The President shall have the power to require the Council room to be cleared, or to have any disorderly person or persons ejected, in case of any disturbances or disorderly conduct which prevent the meeting from being continued in an orderly manner.
   (D)   Nothing in this code shall preclude the President from making or seconding a motion, or from voting on any matters coming before the Council.
§ 31.044 DUTIES OF COUNCIL MEMBERS.
   (A)   While the President is stating the motion, or deciding a point of order, the members shall be seated and no member shall leave the Council room during the session without permission from the presiding officer.
   (B)   Every member, prior to his or her speaking, making a motion or seconding the same, shall address the presiding officer and shall not proceed with his or her remarks until recognized and named by the Chair.
   (C)   A member so recognized by the Chair shall confine himself or herself to the question under debate.
   (D)   No member shall speak more than once on the same question, except by permission of the Chair, and then not until every other member desiring to speak shall have had an opportunity to do so.
   (E)   No member shall speak longer than five minutes at any one time, except by consent of the Chair.
   (F)   While a member is speaking, no member shall hold any private discussion, nor pass between the speaker and the Chair.
   (G)   A member, when called to order by the Chair, shall thereupon discontinue speaking. The order or ruling of the Chair shall be binding and conclusive, subject only to the right to appeal.
   (H)   Any member may appeal to the Council from a ruling of the Chair and, if the appeal is seconded, the member making the appeal may briefly state his or her reason for the same, and the Chair may briefly explain his or her ruling; but there shall be no debate on the appeal and no other member shall participate in the discussion. The Chair shall then put the question, "Shall the decision of the Chair be overruled?" Otherwise, it shall be sustained.
   (I)   The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character or motives are assailed, questioned or impugned.
§ 31.045 SECONDING OF MOTIONS REQUIRED.
   (A)   No motion shall be put or debated in the Council or in committee unless it be seconded.
   (B)   When a motion is seconded, it shall be stated by the presiding officer before debate.
§ 31.046 WITHDRAWAL OF MOTIONS.
   After a resolution or a motion is stated by the President, it shall be deemed to be in the possession of the Council, but it may be withdrawn by the maker thereof with or without the consent of the Council member seconding the motion prior to the call for the vote by the President.
§ 31.047 DIVISION OF QUESTIONS.
   If any question under consideration contains several distinct propositions, the Council, by a majority vote of the members present, may divide the questions.
§ 31.048 RECORD OF MOTIONS.
   In all cases where a resolution or motion is entered in the journal, the names of the members moving and seconding the same shall be entered.
§ 31.049 VOTE.
   (A)   (1)   The ayes and nays shall be taken upon the passage of all ordinances and on all propositions to create any liability against the town, or for the expenditure or appropriation of its money, and upon any question and in all other cases at the request of any member of the Council.
      (2)   When the Clerk of Council has commenced to call the roll of the Council for the taking of a vote by "Ayes" and "Nays", all debate on the question before the Council shall be deemed concluded, and during the taking of the vote a member shall be permitted to briefly explain his or her vote and shall respond to the calling of his or her name by the Clerk of Council by answering "Aye" or "Nay", as the case may be.
   (B)   The names of each member of the Council shall be listed on the official copy of every ordinance passed indicating specifically the names of those voting "Aye" and those voting "Nay".
   (C)   An abstention is neither an affirmative vote nor a negative vote. Regardless of the number of abstentions, and except as otherwise provided by law, an affirmative vote of the majority of the Council members is required to pass a motion, ordinance, resolution or other action of the Town Council.
   (D)   The President shall announce the result of the Council's vote and the votes shall be entered in the journal of the proceedings.
Cross-reference:
   Two-thirds vote; when required, see § 31.081
§ 31.050 PRECEDENCE OF MOTION.
   When a question is before the Council, no motion shall be received, except as specified in this section, and which shall have precedence in the following order:
   (A)   To fix the time to which to adjourn;
   (B)   To adjourn;
   (C)   To take a recess;
   (D)   To raise a question of privilege;
   (E)   To call for the orders of the day;
   (F)   To lay on the table;
   (G)   To call for the previous question;
   (H)   To postpone to a certain time;
   (I)   To refer to committee;
   (J)   To amend;
   (K)   To postpone indefinitely; and
   (L)   To the main motion.
§ 31.051 UNDEBATABLE MOTIONS AND EXCEPTIONS TO ORDER.
   The motion to adjourn or to lay on the table shall be decided without debate, and the motion to fix the time to which to adjourn and the motion to adjourn shall always be in order, except:
   (A)   When a member is in possession of the floor;
   (B)   When the roll call votes are being called;
   (C)   While the members are voting;
   (D)   When adjournment was the last preceding motion; or
   (E)   When it has been decided that the previous question shall be taken.
§ 31.052 MOTION TO ADJOURN.
   A motion to adjourn cannot be amended; but a motion to adjourn to a given day or time shall be open to amendment and debate.
§ 31.053 MOTION TO POSTPONE INDEFINITELY.
   When a question is postponed indefinitely, it shall not be taken up again before the next regular meeting.
§ 31.054 MOTION TO AMEND.
   A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained.
§ 31.055 AMENDMENTS.
   Only one amendment at a time may be offered to any question before the Council. The vote shall first be taken on the amendment and, if the amendment passes, then further amendments may be proposed. Finally, a vote shall be taken on the principal motion as finally amended.
§ 31.056 RECONSIDERATION.
   (A)   A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter.
      (1)   A motion for reconsideration, once having been made and decided in the negative, shall not be renewed.
      (2)   A matter once having been decided and a motion to reconsider the matter having been defeated, it may nonetheless come before the Council at a future time by way of a motion to rescind or as a new motion.
      (3)   If the Chair determines that new facts are to be presented to the Council, or that there is a likelihood that the Council will reverse its previous decision, the Chair shall rule the motion in order.
      (4)   If a motion is continuously brought before the Council and rejected, the Chair may rule its reintroduction under a motion to rescind or as a new motion to be out of order.
   (B)   No motion to reconsider the approval or denial of the recommendation of an advisory body required to hold public hearings shall be entertained except at the same meeting at which the original action was taken or after the matter has been referred to the advisory body for a further hearing and recommendation.
   (C)   A motion to reconsider must be made and seconded by members who voted on the prevailing side of the question to be reconsidered, unless otherwise provided by law; provided, however, that where a motion has received a majority vote in the affirmative, but is declared lost solely on the ground that a greater number of affirmative votes is required by statute for the passage or adoption of the motion, then in that case a motion to reconsider may be made and seconded only by those who voted in the affirmative on the question to be reconsidered, so long as the issue presented is the same, no new information is forthcoming, and the rights of third parties have not intervened.
§ 31.057 VISITORS AND PETITIONERS.
   Except during the time allotted for public discussion and comments, no person other than a member of the Council shall address that body, except with the consent of a majority of the members present.
§ 31.058 REPORTS, COMMUNICATIONS, PETITIONS AND THE LIKE.
   (A)   All communications, reports, petitions or any other papers addressed to the Council shall be made available to the Clerk of Council prior to the meeting.
   (B)   The Clerk of Council shall endeavor to distribute copies or read the material to the members of the Council.
§ 31.059 ADOPTION OF ROBERT'S RULES OF ORDER, REVISED.
   The rules of parliamentary practice comprised in the latest published edition of Robert's Rules of Order, revised, shall govern the Council in all cases to which they are applicable and in which they are not inconsistent with the ordinances of the town, including these rules, or the statutes of the state.
§ 31.060 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
§ 31.080 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 § 31.049
§ 31.081 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)
§ 31.082 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. Public 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) below, 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) above.
   (H)   An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of division (F) above.
   (I)   The failure of an environmental restrictive ordinance to comply with division (H) does not void the ordinance.
   (J)   The notice requirement of division (F) 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)
§ 31.083 RECORD OF ORDINANCES.
   (A)   Within a reasonable time after an ordinance of the Town Council is adopted, the Clerk- Treasurer shall record it in a book kept for that purpose. The record must include:
      (1)   The signature of the President of Council;
      (2)   The attestation of the Clerk-Treasurer; and
      (3)   The date of each recorded item.
   (B)   The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.
(I.C. 36-5-2-10.2)