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Sec. 4.5. (a) This section applies to a town if both of the following apply:
(1) The town has a population of more than ten thousand (10,000).
(2) The town legislative body adopts an ordinance adopting the provisions of this section. A town may not adopt an ordinance under this section during a year in which municipal elections are held under IC 3-10-6-5.
(b) A town legislative body has the following members:
(1) Five (5) members, each elected by the voters of a district. The districts are established by ordinance by the town legislative body as provided in this chapter.
(2) Two (2) members elected at large by all the voters of the town.
(c) An ordinance adopted under this section must provide for the following:
(1) Four (4) members of the legislative body are elected during a year that municipal elections are held under IC 3-10-6-5.
(2) Three (3) members of the legislative body are elected either:
(A) during the year before the year described in subdivision (1); or
(B) during the year after the year described in subdivision (1).
The year for elections under this subdivision must be chosen so that during the elections held for the town legislative body under subdivision (4), a member of the town legislative body does not serve a term of more than four (4) years.
(3) The members of the legislative body elected at large may not be elected at the same time.
(4) At the first two (2) elections after the ordinance is adopted, members are elected to serve the following terms:
(A) Two (2) members elected under subdivision (1) are elected to a four (4) year term and two (2) members elected under subdivision (1) are elected to a three (3) year term.
(B) Two (2) members elected under subdivision (2) are elected to a four (4) year term and one (1) member elected under subdivision (2) is elected to a three (3) year term.
The ordinance must provide a random procedure to determine which members serve four (4) year terms and which members serve three (3) year terms.
(5) A member of the town council elected after the elections described in subdivision (4) serves a term of four (4) years.
(6) The term of office of a member begins at noon January 1 after the member's election.
(d) An ordinance adopted under this section may provide that before the first election after adoption of the ordinance, members of the town legislative body added to the legislative body by the ordinance may be appointed to the legislative body by a vote of the current members of the legislative body.
(e) After the first two (2) elections held as described in subsection (c)(4), the town legislative body may adopt an ordinance to do the following:
(1) Divide the town into seven (7) districts.
(2) Provide that the members elected at large are each elected from a district.
An ordinance adopted under this subsection must comply with this chapter in establishing the districts and provide details to provide a transition from electing two (2) members at large to electing all members from districts.
(f) Subject to this section, members of the town legislative body are elected as provided in IC 3-10-6-4.5.
Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-5-2-4.5 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-5-2-4-5/
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