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(A) The Town Council is the town legislative body.
(B) The Council consists of five members whose terms of office 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 by the district or ward in which they reside or are elected at-large by the voters of the whole town.
(D) (1) Two of the five Town Council Member positions for the municipal election to be conducted in November 2011 will be elected to terms of three years beginning at noon on January 1, 2012.
(2) The remaining three Town Council member positions for the municipal election to be conducted in November 2011 will be elected to terms of four years beginning at noon on January 1, 2012.
(3) Thereafter, the two Town Council Member positions elected to terms of three years during the November 2011 election will be re-filled at the general election conducted in November 2014 to terms of four years, and the three Town Council Member positions elected to terms of four years during the November 2012 election will be re-filled at the municipal election in November 2015 to terms of four years.
(4) The positions currently occupied by Town Council members representing District Two and District Three have been designated by the Town Council as the positions that will be filled to terms of three years at the November 2011 municipal election.
(1991 Draft Code, § 3-1) (Ord. 11-2010, passed 8-27-2010)
Statutory reference:
Legislative districts, I.C. 36-5-2-5
Term of office of Council members, see I.C. 36-5-2-3
Town Council, see I.C. 36-5-2-2
Town legislative body and executive, see I.C. 36-5-2-1 through I.C. 36-5-2-11
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNCIL. The Town Council of the Town of Plainfield.
TOWN. The Town of Plainfield.
(B) The Council shall consist of five members.
(C) The members of the Council shall be elected at large by the voters of the whole town, in accordance with I.C. 36-5-2-5.
(D) The Council divides the town into five districts for the purpose of conducting elections of Town Council members as follows (descriptions include only those portions of the listed precincts which are within the Town's corporate boundaries):
(1) District 1 (Ward #1). Includes the following precincts: Washington 04; Washington 05; Washington 13; Washington 20; Washington 22; that portion of Guilford 05 located north of U.S. 40; that portion of Guilford 11 located north of U.S. 40; that portion of Guilford 17 located north of US 40; that portion of Guilford 18 located east of Dan Jones Road; Washington 23.
(2) District 2 (Ward #2). Includes the following precincts: Guilford 01; Guilford 02; that portion of Guilford 18 located west of North Carr Road; Guilford 19; Guilford 20; and Liberty 02.
(3) District 3 (Ward #3). Includes the following precincts: that portion of Guilford 04 located west of South Center Street; Guilford 09; Guilford 21; Guilford 22.
(4) District 4 (Ward #4). Includes the following precincts: that portion of Guilford 05 located south of U.S. 40 and east of Simmons Street; Guilford 08; Guilford 10; that portion of Guilford 11 located south of U.S. 40; Guilford 12; Guilford 13; that portion of Guilford 14 located south of Reeves Road; Guilford 15; Guilford 16; that portion of Guilford 17 located south of U.S. 40.
(5) District 5 (Ward #5). Includes the following precincts: Guilford 03; that portion of Guilford 04 located east of South Center Street; that portion of Guilford 05 located south of U.S. 40 and west of Simmons Street; Guilford 06; Guilford 07; that portion of Guilford 14 located north of Reeves Road.
(E) Attached to Ordinance No. 41-2022 as Exhibit A are maps showing the boundaries of each Council district collectively and separately (the “Maps”) which maps are incorporated herein by reference. Two copies of the foregoing Maps are on file in the office of the Clerk-Treasurer for public inspection as required by I.C. 36-1-5-4.
(F) If a conflict exists between the Maps and the descriptions set forth in division (D) of this section (the "Descriptions"), in accordance with I.C. 3-5-10-9, the Descriptions shall determine the boundaries of the Council district.
(G) If any territory in the town is not included in one of the Council districts, in accordance with I.C. 3-5-10-10 and I.C. 36-5-2-4.1(d), the excluded territory shall be included in the Council district that: (i) is contiguous to that territory; and (ii) contains the least population of all Council districts contiguous to that territory.
(H) If any territory in the town is included in more than one (1) of the Council districts, in accordance with I.C. 3-5-10-11, the territory shall be included in the Council district that: (i) is one (1) of the districts in which the territory is described in this Ordinance; (ii) is contiguous to that territory; and (iii) contains the least population of all Council districts contiguous to that territory.
(I) In accordance with I.C. 36-5-2-4.1(k) this section must be construed, if possible, to comply with the provisions of I.C 36-5-2-4.1. The provisions of this section are severable and if any provision is found to be invalid, the invalidity shall not affect the other provisions of this section that can be given effect without the invalid provision.
(1991 Draft Code, § 3-2) (Ord. 7-82, passed 12-27-1982; Ord. 19-2002, passed 11-7-2002; Res. 2012-21, passed 9- -2012; Ord. 20-2012, passed 11-26-2012; Am. Ord. 41-2022, passed 10-10-2022)
Statutory reference:
Composition of districts, see I.C. 36-5-1-10.1
Division of towns into districts, see I.C. 36-5-2-4.1
(A) A president of the Council shall be elected at the last Board meeting of the year. His or her term shall begin on January 1, and extend until December 31.
(B)
The President is the Town Executive.
(C) As the Executive Officer of the town the President of the Town Council in emergency situations shall be vested with the authority to take certain actions on his own authority to protect the public safety, health and welfare of the town, its people the public, its properties and all other assets.
(1) For purposes of the authority granted by this section, emergencies shall be defined to include severe weather, fire, power failure, earthquakes, tornados, floods, epidemics, pandemics and other national, regional or local emergencies and other emergencies of a similar nature.
(2) When the President declares an emergency in accordance with this section the President may take the following actions:
(a) Prohibit the use and/or occupancy of any or all public facilities and/or public properties owned or operated by the town or a portion thereof;
(b) Restrict the use or occupancy of any or all public facilities and/or properties owned or operated by the town or a portion thereof; and
(c) Order any other reasonable rules regarding the town's employees, its assets and the public needed for the protection of such persons and assets.
(3) The actions taken by the President in accordance with this emergency authority shall remain in place until the earlier of the following:
(a) The action(s) are modified or cancelled by the President; or
(b) The next meeting of the Town Council, including both a special meeting or a regular scheduled meeting.
(4) In the event the emergency actions by the President are still in force at the next meeting of the Town Council, the Town Council at the meeting shall take one of the following actions:
(a) Cancel the actions taken by the President;
(b) Modify and supersede the actions taken by the President; or
(c) Allow the actions of the President to stand.
(D) Any contract or agreement that has been approved by the Town Council and any documents regarding a transaction by the town that has been approved by the Town Council may be signed by the President of the Town Council as its authorized agent.
(1991 Draft Code, § 3-3) (Ord. 6-81, passed 12-14-1981; Ord. 09-2020, passed 3-17-2020; Res. 2021-04, passed 1-11-2021)
Statutory reference:
Selection of a President, see I.C. 36-5-2-7
Town Executive, see I.C. 36-5-2-2
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.
(1991 Draft Code, § 3-4)
Statutory reference:
Home Rule powers of municipalities, see I.C. 36-1-3-1 through I.C. 36-1-3-9
Powers of the legislative body, see I.C. 36-5-2-9
(A) Notice of the time and place of regular meetings must be posted in the Town Hall, and sent once a year to all news media who have filed a written request for such notice.
(B) Notice of special meetings must be given in the same manner at least 48 hours in advance unless an emergency exists.
(1991 Draft Code, § 3-5) (Ord. 6-81, passed 12-14-1981)
Cross-reference:
Electronic meetings policy, see 36.090
Statutory reference:
Public meetings, see I.C. 5-14-1.5
The following order of business shall be followed at Town Council meetings:
(A) Call to order;
(B) Roll-call by Clerk-Treasurer;
(C) Review of minutes and approval;
(D) Petitions and comments from the floor;
(E) Reports for committees, boards and commission;
(F) Unfinished business, including ordinances or resolutions already introduced;
(G) New business, introduction of ordinances and resolutions;
(H) Miscellaneous business; and
(I) Adjournment.
(1991 Draft Code, § 3-6) (Ord. 6-81, passed 12-14-1981)
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