CHAPTER 30: TOWN COUNCIL
Section
   30.01   Town legislative body
   30.02   Legislative districts
   30.03   President
   30.04   Quorum and votes to pass
   30.05   Powers of the Council
   30.06   Regular and special meetings
   30.07   Order of business
   30.08   Filing of documents
   30.09   Parliamentary procedure
   30.10   Recording and publishing ordinances
   30.11   Amending ordinances
   30.12   Franchise agreements
   Appendix: Amending Ordinance
§ 30.01 TOWN LEGISLATIVE BODY.
   (A)   The Town Council is the town legislative body.
   (B)   The Town Council consists of five members whose terms of office, except as may be otherwise directed by Ordinance No. 94-4 of the town, are four years, beginning at noon on January 1 after election and continuing until successors are elected and qualified.
   (C)   The Town Council shall provide by ordinance that its members are elected at-large by the voters of the whole town.
('88 Code, § 3-1-1) (Ord. 90-5, passed 7-2-90; Am. Ord. 94-4, passed - -94)
   (D)   The Town Council shall, by ordinance, fix the compensation of its own members. ('88 Code, § 3-1-11)
Statutory reference:
   Compensation, see I.C. 36-5-3-2
   Town Council, see I.C. 36-5-2-2
§ 30.02 LEGISLATIVE DISTRICTS.
   (A)   There shall be four legislative districts as described below (and as shown on the map attached to Ord. 2012-8) in addition thereto there shall be one councilperson elected at large which results in a five member Town Council.
   (B)   Legislative District No. 1 shall be bounded as follows:
      (1)   That portion of Legislative District No. 1 North of the DeKalb - Steuben County line is bounded on the north by E. Bellefontaine Road/State Road 1, bounded on the west by State Road 427/South Wayne Street, bounded on the south by the DeKalb - Steuben County line and bounded on the east by the corporate limits of the town.
      (2)   That portion of Legislative District No. 1 south of the DeKalb - Steuben County line is bounded on the north by the DeKalb - Steuben County line, bounded on the west by the corporate limits of the town, bounded on the south by the corporate limits of the town, and bounded on the east and northeast by the corporate limits of the town/County Road 1.
   (C)   Legislative District No. 2 shall be bounded as follows:
      (1)   That portion of Legislative District No. 2 south of E. Bellefontaine Road is bounded on the north by E. Bellefontaine Road, bounded on the west by the corporate limits of the town, bounded on the south by the DeKalb - Steuben County line, and bounded on the east by State Road 427/South Wayne Street.
      (2)   That portion of Legislative District No. 2 north of E. Bellefontaine Road is composed of two areas bounded as follows:
         (a)   Beginning at the intersection of E. Bellefontaine Road and Lane 219, thence northeasterly upon Lane 219 to its intersection with Lane 221 A, thence northerly along Lane 221A and Lane 221 until its intersection with the western corporate boundaries/County Road 300 E, thence south along County Road 300 E to its intersection with E. Bellefontaine Road.
         (b)   Also, an area bounded on the south by E. Bellefontaine Road/State Road 1, bounded on the east by the corporate limits, bounded on the north by Fish Creek and bounded on the west by State Road 427/South Wayne Street.
   (D)   Legislative District No. 3 shall be bounded as follows: All that area within the town corporate limits generally located on the east side of Hamilton Lake north of Fish Creek, this area also includes what is commonly known as the Stonestreet Addition.
   (E)   Legislative District No. 4 shall be bounded as follows:
      (1)   All that area within the town corporate limits bounded on the east by that portion of State Road 427/South Wayne Street between the Fish Creek Trail Spillway and E. Bellefontaine Road, and bounded on the south by E. Bellefontaine Road, excepting therefrom the area described as follows:
      (2)   Beginning at the intersection of E. Bellefontaine Road and Lane 219, thence northeasterly upon Lane 219 to its intersection with Lane 221 A, thence northerly along Lane 221A and Lane 221 until its intersection with the western corporate boundaries/County Road 300 E, thence south along County Road 300 E to its intersection with E. Bellefontaine Road and from thence east on E. Bellefontaine Road to its intersection with 219, which exception is part of Legislative District No. 2.
   (F)   Each Council member, other than the member-at-large, shall reside in their respective district and the Council member-at-large shall reside within the corporate limits of the town.
   (G)   All five Town Council members shall be elected at-large by the voters of the whole town.
('88 Code, § 3-1-2) (Am. Ord. 90-6, passed 7-2-90; Am. Ord. 93-2, passed 3-1-93; Am. Ord. 2002-11, passed 10-7-02; Am. Ord. 2012-8, passed 12-21-12)
Statutory reference:
   Districts, see I.C. 36-5-1-10.1, 36-5-2-4.1
§ 30.03 PRESIDENT.
   (A)   The Town Council shall select at its first annual meeting one of its members to be its President for a definite term which may not exceed his or her term of office.
   (B)   The President is the Town Executive.
('88 Code, § 3-1-3)
Statutory reference:
   Selection of President, see I.C. 36-5-2-7
   Town Executive, see I.C. 36-5-2-2
§ 30.04 QUORUM AND VOTES TO PASS.
   (A)   A majority of all elected members of the Town Council constitutes a quorum.
   (B)   Passage of ordinances, orders or resolutions shall be governed by applicable state statutes.
('88 Code, § 3-1-4)
Statutory reference:
   Quorum, see I.C. 36-5-2-9.2
   Voting, see I.C. 36-5-1-9.4
§ 30.05 POWERS OF THE COUNCIL.
   The 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;
   (C)   Adopt and use a common seal; and
   (D)   Exercise all powers that are needed for the effective operation of local governmental affairs.
('88 Code, § 3-1-5)
Statutory reference:
   Powers of legislative body, see I.C. 36-5-2-9
§ 30.06 REGULAR AND SPECIAL MEETINGS.
   (A)   The Town Council shall meet in regular session on the first Monday of each month at 7:00 p.m. Any regular session of the Town Council may be adjourned later in continued regular session upon a majority vote of the members-elect of the Council and in conformance with I.C. 5-14-1.5-1 et seq.
   (B)   Special sessions of the Council may be held on the call of the President of the Council or upon the request of two members of the Council.
('88 Code, § 3-1-6) (Am. Ord. 2007-02, passed 3-5-07; Am. Ord. 2008-01, passed 1-7-08)
Statutory reference:
   Indiana Open Door Law, see I.C. 5-14-1.5-1 et seq.
§ 30.07 ORDER OF BUSINESS.
   The order of business to be followed at regular meetings of the Town Council shall be, and it is established, as follows:
   (A)   Calling of order.
   (B)   Roll call by Clerk.
   (C)   Reading and approval of minutes.
   (D)   Communications from President of Council.
   (E)   Reports from official Boards.
   (F)   Reports from Special Committee.
   (G)   Introduction of general and special ordinances, first reading.
   (H)   Introduction of miscellaneous business.
   (I)   Ordinances on second reading.
   (J)   Ordinances or third reading.
   (K)   Unfinished business.
   (L)   Adjournment.
('88 Code, § 3-1-7) (Ord. passed 4-17-15)
§ 30.08 FILING OF DOCUMENTS.
   (A)   All ordinances, resolutions, orders, petitions and other papers calling for the attention or action of the Town Council must be regularly filed with the Clerk-Treasurer and available for inspection by members of the Town Council and others, as permitted by law.
   (B)   Ordinances, resolutions, orders, petitions and other papers may be received, introduced and acted upon at any regular or special meeting of the Council by the unanimous suspension of the foregoing rule, but then only in case there are present and voting at least two-thirds of the members elect of the Council.
   (C)   All ordinances shall be read three times before being adopted, and no ordinance shall be passed or read three times on the same day in which it is introduced except upon the unanimous suspension of the foregoing rule, but then only in the case there are present and voting at least two-thirds of the members elect of the Council.
   (D)   On the adoption of any ordinance or the passage of any resolution, the yeas or nays shall be taken and the name and vote of each member duly recorded in the minutes of the meeting.
   (E)   All ordinances, orders, and resolutions not prepared by the Town Attorney shall be submitted to the Town Attorney for review at least three working days before the Council meeting upon which said ordinance, order, or resolution is to be first acted upon.
('88 Code, § 3-1-8) (Ord. passed 4-12-15; Am. Ord. 2007-05, passed 5-7-07; Am. Ord. 2010-12, passed 12-6-10)
Statutory reference:
   Adoption of ordinances, see I.C. 36-4-6-13 et seq.
§ 30.09 PARLIAMENTARY PROCEDURE.
   Any matter not addressed by any rules of procedure which may be adopted by the Town Council shall be governed by Robert's Rules of Order.
('88 Code, § 3-1-9)
§ 30.10 RECORDING AND PUBLISHING ORDINANCES.
   (A)   All ordinances, within a reasonable time after their passage, shall be recorded in a book kept for that purpose by the Clerk-Treasurer.
   (B)   Any ordinance, order, or resolution which must be promulgated or published before it takes effect shall follow state statute procedure.
('88 Code, § 3-1-10)
Statutory reference:
   Posting and publication of ordinances, see I.C. 36-4-6-14 and 36-5-2-10
   Recording of adopted ordinances, see I.C. 36-4-6-17 and 36-5-2-10.2
§ 30.11 AMENDING ORDINANCES.
   All ordinances which are of a general and permanent nature, and which would amend the town code, shall be in the form set forth in the appendix following this chapter.
('88 Code, § 3-1-12)
§ 30.12 FRANCHISE AGREEMENTS.
   (A)   The Town Council may enter into written franchise agreements for companies to serve the town.
   (B)   Such agreements shall be binding on the parties as to granting and revocation of franchise, rental amounts, safety requirements, inspections, indemnification, bond requirements, construction and installation requirements, conditions of public way occupancy, rights reserved to the town, signal quality requirements for cable rates, annual franchise fees, complaint procedure, and other related areas.
   (C)   Such agreements, in order to be approved, must be passed by an appropriate ordinance of the Town Council and shall be kept on file and open for public inspection during regular business hours in the office of the Clerk-Treasurer.
('88 Code, § 4-3-1)
Cross-reference:
   For specific franchise agreements, see T.S.O. II
APPENDIX: AMENDING ORDINANCE
Ordinance No.     (Year, last two digits)
   Chronological number of the ordinance filed that year
   (Short Title)
   AN ORDINANCE OF THE TOWN COUNCIL OF
   THE TOWN OF HAMILTON, INDIANA,
   AMENDING CHAPTER              , SECTION(S)          OF THE
   HAMILTON TOWN CODE BY THE INCLUSION/DELETION OF
   SECTION(S) ENTITLED                                                   
   WHEREAS, (background statements setting forth the purpose or background of the ordinance)
WHEREAS,
WHEREAS,
WHEREAS,
   NOW, THEREFOR, BE IT RESOLVED AND ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF HAMILTON, STEUBEN COUNTY, INDIANA, as follows:
   SECTION I. Chapter   , Section(s)    , of the Hamilton Town Code, is/are hereby amended to read as follows:
   (Set forth the particular language)
   SECTION. This ordinance shall be in full force and effect from and after its passage and approval by the Town Council of Hamilton, Indiana.
   PASSED AND ADOPTED by the Town Council, of the Town of Hamilton, Steuben County, Indiana, at their regular meeting on the     day of       19         
   Town Council, of the Town of Hamilton, Indiana
   BY:                                                
    President
    Council Member
    Council Member
ATTEST:
                                          
Clerk-Treasurer
   Presented to the President of the Town Council of the Town of Hamilton this         day of                , 19     , at       
Clerk-Treasurer
Approved by me this                     day of                                   , 19           at                                       
President of Town Council, Town of Hamilton
Voting:
Council Member
Council Member
Council Member
('88 Code, § 3-1-12)