Section 36-1-3-6 - Specific manner for exercising a power; constitutional or statutory provision; ordinance; resolution(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 36-2-3.5 or 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.
Amended by P.L. 22-2021,SEC. 3, eff. 7/1/2019.Amended by P.L. 278-2019,SEC. 181, eff. 7/1/2019.Amended by P.L. 77-2014, SEC. 12, eff. 3/24/2014.As added by Acts1980 , P.L. 211, SEC.1. Amended by Acts1981 , P.L. 17, SEC.2; P.L. 251-1993, SEC.3.