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36-1-3-6. Specific manner for exercising a power; constitutional or statutory provision; ordinance; resolution

IN Code § 36-1-3-6 (2019) (N/A)
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Sec. 6. (a) If there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.

(b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:

(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;

(2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or

(3) comply with a statutory provision permitting a specific manner for exercising the power.

(c) An ordinance under subsection (b)(1) must be adopted as follows:

(1) In a municipality, by the legislative body of the municipality.

(2) In a county subject to IC 36-3-1, by the legislative body of the county.

(3) In any other county, by the executive of the county.

(d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township.

[Pre-Local Government Recodification Citations: 17-2-2.5-2 part; 17-2-2.5-7 part; 18-1-1.5-17; 18-4-2-32.6 part; 18-4-4-2(2); 18-4-5-5.]

As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.17, SEC.2; P.L.251-1993, SEC.3; P.L.77-2014, SEC.12; P.L.278-2019, SEC.181.

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36-1-3-7. Review or regulation of exercise of power by a unit