Included Town; Home Rule Powers; Restrictions; Annexation of Territory

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Sec. 5. (a) An included town has home rule powers under IC 36-1-3, including all the powers that municipalities of its class have according to law. However, an included town may not:

(1) enforce an ordinance or regulation that is in conflict with or permits a lesser standard than an applicable ordinance or regulation of the consolidated city; or

(2) issue general obligation bonds.

(b) An included town that wants to annex territory inside the county may annex only territory that is outside the corporate boundaries of the excluded cities in the county. This subsection applies notwithstanding IC 36-4-3-2; however:

(1) the included town must follow the procedures prescribed by IC 36-4-3 for other annexations; and

(2) all territory annexed under this subsection remains part of the consolidated city.

(c) An included town that wants to annex territory outside the county may do so in any manner prescribed by IC 36-4-3.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-4-6 part; 18-4-14-1 part; subsection (b) formerly 18-4-15-1(b); subsection (c) new.]

As added by Acts 1980, P.L.212, SEC.2.


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