Chapter 3 - Town Legislative and Judicial Branch
Home Up Search History of Kentland, Indiana Certification of the Kentland Town Ordinances Preface Comparative Table - Kentland, Indiana Town Ordinances Chapter 1 - General Provisions Chapter 2 - Town Administration Kentland, Indiana Town Ordinances Chapter 3 - Town Legislative and Judicial Branch Chapter 4 - Fees, License and Permits Kentland, Indiana Town Ordinances Chapter 5 - Parks and Recreation Kentland, Indiana Town Ordinances Chapter 6 - Public Health and Safety Matters, Public Nuisances Kentland, Indiana Town Ordinances Chapter 7 - Public Works Rules and Regulations Chapter 8 - Traffic and Parking Regulations Kentland, Indiana Town Ordinances Chapter 9 -Utilities Kentland, Indiana Town Ordinances Chapter 10 - Zoning Kentland, Indiana Town Ordinances Index

 

Chapter 3
TOWN LEGISLATIVE AND JUDICIAL BRANCHES

Sec. 3-1 Three Member Board.

Sec. 3-2 Three Districts.

Sec. 3-3 President of the Board.

Sec. 3-4 Quorum and Votes to Pass.

Sec. 3-5 Powers of the Board of Trustees.

Sec. 3-6 Regular Meetings.

Sec. 3-7 Special Meetings.

Sec. 3-8 Order of Business.

Sec. 3-9 Parliamentary Procedure.

Sec. 3-10 Ordinances which Amend the Town Code.

Sec. 3-11 Introduction of Ordinances and Resolutions.

Sec. 3-12 Recording and Publishing of Ordinances.

Sec. 3-13 Compensation of Board of Trustees.

 

CHAPTER 3
TOWN LEGISLATIVE AND JUDICIAL BRANCHES

Article 1 - Town Board Members

Sec. 3-1 Three Member Board.

(a) The Town Board of Trustees is the Town Legislative body.1

(b) The Board consists of three (3) members whose terms of office are four (4) years, beginning at noon on January lst after election, and continuing until successors are elected and qualified.

(c) One (1) Board member is elected from each of the three (3) Districts of the Town, but each member is elected by the vote of the entire Town.

Sec. 3-2 Three Districts or Election Precincts, Map.

(a) The Town of Kentland, Indiana, is divided into three (3) districts or election precincts for purposes of conducting elections of Town Officers, namely:

First District
Second District
Third District

(b) The map on the following two (2) pages depict the boundaries of the three (3) districts or election precincts.
(Certified April 25, 1980)

Kentland Election Precint Map Certified April 25, 1980 Click to see a larger image.

Sec. 3-3 President of the Board.

(a) The Board of Trustees shall select at its first annual meeting one (1) 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.6

(c) It shall be the duty of the President to preside at all meetingsof the Board, to preserve order, and generally to perform the duties of a presiding officer in legislative or deliberate assemblies. (Ord. No. 5,189_)

(d) The President shall have the right to vote on all questions, the same as any other member of the Board. (Ord. No. 5, 189_)

(e) In the absence of the President, the Board may choose from among the members present a President pro tempore, who shall, for the time being, perform all the duties required of the President. (Ord. No. 5, 189_)

 

Sec. 3-4 Quorum and Votes to Pass.

(a) A majority of all elected members of the Board of Trustees constitute a quorum.

(b) Passage of ordinances, orders or resolutions shall be governed by applicable State statutes.

 

Sec. 3-5 Powers of the Board of Trustees.

(a) The Board may:

(1) adopt ordinances and resolutions for the performance of functions of the Town,

(2) purchase, hold, and convey any interest in property, for the use of the Town,
        (Town Charter)

(3) adopt and use a common seal and alter the same
         (Town Charter)

(4) exercise all powers that are needed for the effective operation of local governmental affairs.

 

Sec. 3-6 Regular Meetings.

The Board of Trustees shall hold its regular meetings (2nd) Monday of each month at 7:00 p.m.

 

Sec. 3-7 Special Meetings.11

(a) Call by President or a Member of the Board.

Special meetings may be convened at any time other than the time fixed for regular meetings, upon call of the President of the Board of Trustees, or upon call of a majority of the members of the Board. (Ord. No.5)

(b) Procedures for Calling.

The call for such special meetings shall be written or shall be signed by the President when made by him, and signed by Members when made by them, and in either case, sealed with the Town and countersigned by the Clerk-Treasurer.

(c) Service of Notice Required.

The service of such notice shall be made by the President or by the Town Marshal or his deputy as follows:

(1)    By reading the same to and within the hearing of all members of the Board present in the Town at the time such call is made, or

(2)    By leaving a copy thereof at any menber's last and usual place of residence, in case he cannot be found, or

(3)     By acknowledgment thereof by the Board member on said notice, or

(4)     By having the clerk-Treasurer's office telephone each member of the Town Board of Trustees and reading the call of the meeting to him or her.

(d)    Scope of business.

At any special meeting the Board shall be limited to transact business inserted in the call, unless it is business of which notice by publication was not first required to be given.

 

Sec. 3-8 Order of Business.

(a) The following order of business shall be observed at every regular meeting of the Board of Trustees, unless suspended by a majority vote of the Board:

(1) Meeting called to order (7:00 p.m.).

(2) Minutes of previous meeting read or copies of minutes distributed for approval.

(3) Recognition of visitors.

(4) Copies of Financial Report distributed, financial statement, claims presented and docket sheet presented.

(5) Reading of Ordinances, resolutions, opening of bids.

(6) Old Business.

(7) New Business.

(8) Trustees questions, reports, announcements.

(9) Clerk-Treasurer's questions, reports, announcements.

(10) Meeting adjourned.

Sec. 3-9 Parliamentary Procedure.

Any matter not addressed by any rules of Procedure which may be adopted by the Town Board of Trustees, shall be governed by Robert s Rules of Order.

Sec. 3-10 Ordinances Which Amend the Town Code.

(a) All ordinances which are of a general and permanent nature, which would amend the Town Code, shall be in the following form:

Ordinance No.________
(year-month-day of passage of the ordinance)

(Short Title)

AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF KENTLAND,INDIANA,
AMENDING CHAPTER                            , ARTICLE                  , SECTION(S)                    ,
OF THE KENTLAND TOWN CODE BY THE INCLUSION/DELETION OF SECTION(S), ENTITLED

 

WHEREAS, (background statements setting for the purpose of background of the ordinance)

WHEREAS,

WHEREAS,

WHEREAS,

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED BY THE THE TOWN OF KENTLAND, INDIANA, as follows:

SECTION 1.     Chapter___, Article___, Section(s)___ Town Code, is/are hereby amended to read as follows:

SECTION          . This Ordinance shall be in full force and after its passage and approval as provided by law.

PASSED AND ADOPTED
by the Board of Trustees, of the Town of Kentland,Newton County, Indiana, on this day of,19__

 

        _________________________________
        (Name) ,Clerk-Treasurer

ATTEST: BOARD OF TRUSTEES,
of the TOWN OF KENTLAND., INDIANA

BY:    ___________________________________________,
         President

(SEAL) _________________________________________
       
            _________________________________________

 

Sec. 3-11    Introduction of Ordinances and Resolutions.

a)     Filing with Clerk-Treasurer: All ordinances, orders or resolutions shall be introduced by a member of the Board of Trustees. All ordinances upon introduction shall be consecutively numbered by the Clerk-Treasurer and include the last digits of the date on which it was passed.
For example: Ordinance No. (1) (year-month-day), Ordinance No.(2) 83-2-10, etc.

(b)     Ordinances - Passing by Unanimous Consent: No ordinance, shall be passed on the same day or at the same meeting that it is introduced, except by unanimous consent, and a motion to suspend the rules, and then only in case there are present and voting at least two-thirds of all the members elect of the Board.

(c)       Reading of Ordinances: Every proposed ordinance shall receive three (3) separate readings by the Board of Trustees previous to passage.

(d)    First Reading of Ordinances: ordinance shall be for information, but may be read by title only, and such title shall clearly set forth the nature of the contents.

(e)     Second Reading of Ordinances: Every proposed ordinance shall be read through by sections at its second reading, and at such reading it shall be in order to commit, to amend, to lay upon the table, to postpone or to pass to its third reading by a majority vote of all the members. Any proposed ordinance failing to receive a majority vote of all the members at its second reading shall be considered lost. A proposed ordinance may be stricken from the files by a vote of two-thirds of all the members before or after it has passed its second reading.

(f)    Third Reading of Ordinances: On the third reading of any proposed ordinance, no amendment shall be in order, except by a vote of two-thirds of the members of the Board of Trustees. In no case shall the reading of any such proposed ordinance by sections be dispensed with on third reading. At any time before the final passage, a proposed ordinance may be re-committed. Failing to receive a majority of the votes of all present on the third reading, an ordinance is lost and shall be stricken from the files.

(g)    Signing of Ordinances: Every ordinance, order or the Board of Trustees shall, upon its passage, enrollment, signature by the Clerk-Treasurer, and presiding officer, be members of the Board present.

(h)    Clerk-Treasurer to Vote in Case of Tie: The Clerk-Treasurer shall cast a vote in instances where the vote by the members of the Board has resulted in a tie.

Sec. 3-12 Recording and Publishing of 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 adopted ordinance, order, or resolution which must be promulgated or published before it takes effect shall be done pursuant to applicable State statute.


Sec. 3-13 Compensation of Board of Trustees.

(a) The Board of Trustees shall, by ordinance, fix the compensation of its own members, as well as other Town employees and officers.

The compensation of an elected Town officer may not be changed in the year for which it is fixed, for may it be reduced below the amount fixed for year 198013.

1 I.C.36-5-2-2 addreses the Board of Trustees.

2 I.C. 36-5-2-3 addresses the term of office of Board members.

3 I.C. 36-5-2-5 addresses legislative districts.

4 I.C.36-5-2-4.1 pertains to the division of Towns into districts and I.C. 36-5-1-10.1 pertains to the composition of districts.

5 I.C.36-5-2-92 defines a quorum of the Board.

6 I.C.36-5-2-2 addresses the Town Executive.

7 I.C.36-5-2-92 defines a quorum of the Board.

8 I.C.36-5-2-9.4 through 36-5-2-98 addresses majority, two-thirds and unanimous votes.

9 I.C. 36-5-2-9 set forth tbe powers of the legislative body.

10 I.C.36-1-3-1 through I.C. 36-1-3-9 sets forth the HTome Rule powers of municipalities.

11 I.C. 36-4-6-7 pertains to special meetings. I.C. 5-14-1.5 through 5-14.1-5-7 sets forth the Indiana Open Door Law or Sunshine Law.

12 I.C. 36-4-6-14 addresses the posting of ordinances in three (3) public places and the publication of ordinances in a Town Code.

13 I.C. 36-5-3-2 addressthe compensation for officers and employees