§ 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.]
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; P.L.22-2021, SEC.3.