CONSIDERATION AND ADOPTION OF PROPOSALS

Indianapolis-Marion County Revised Code tit. I, ch. 151, art. VI

in effect

Indianapolis-Marion County Revised Code § 151-71 Order of business.

Sec. 151-71. - Order of business. The order of business at each regular or special meeting of a council shall be determined by the president in advance of the meeting, subject to adoption of an agenda by the council. If such determination is not made, the following shall be the order of business: (1) Formal opening ceremony; (2) The roll call; (3) The introduction and recognition of guests and visitors; (4) Official communications from the mayor and other city and county officials; (5) Adoption of the agenda; (6) Approval of the journal; (7) Presentations of petitions, memorials, special resolutions and council resolutions; (8) The introduction of proposals; (9) Special orders: priority business: a. Reconsideration of the mayor's vetoes; b. Rezoning ordinances (not scheduled for public hearing); c. Economic development bonds; d. Suspension of regulations; (10) Special orders: public hearings; (11) Special orders: unfinished business; (12) Special orders: final adoption of proposals; (13) Special service district council meetings: a. Police; b. Fire; c. Solid waste; (14) New business; (15) Announcements; (16) Ceremonial adjournments and recognitions of deceased persons; (17) Traditional adjournment. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-72 Approval of journal.

Sec. 151-72. - Approval of journal. At each meeting of a council, if it is held at least seven (7) days after the prior meeting, the clerk shall make available for public inspection and distribute to the members of the council that request them, copies of the journal of the proceedings of the preceding meeting. The president shall call for corrections of the journal in the regular order of business. Unless that order of business is postponed or a motion carried to read the journal, the corrections, if any, shall be noted and the journal shall stand approved without motion. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-73 Petitions.

Sec. 151-73. - Petitions. Any petition directed to a council, whether specifically authorized by law or not, shall be filed with the clerk and called to the attention of the council by the clerk under the proper order of business. If the petition is one (1) specifically authorized by law, the president shall refer it to a proper committee. As to all other petitions, any motion for referral or other appropriate action shall be in order unless the motion requires action which is proper only by a general resolution or ordinance. In calling the petition to the attention of the council, the clerk need not read the petition in full but shall report, fairly describing its contents. (G.O. 68, 1988, § 6)

Indianapolis-Marion County Revised Code § 151-74 Introduction of proposals.

Sec. 151-74. - Introduction of proposals. Proposals shall be introduced and presented to the city-county council only in the following manner: Under the proper item of business, the clerk shall read the proposal, stating only the number, reciting the title and stating the name of the person initiating the proposal. After each proposal is introduced, the president shall state the committee to which the proposal is referred or, if the proposal has been previously referred to a committee, the committee to which the referral was made. If, by law, a public hearing before the entire council is required, the public hearing shall be at the next regular meeting unless the president shall state another date for the public hearing. If the proposal is to change the zone maps incorporated by reference into the zoning ordinance under IC 36-7-4-608, and the metropolitan development commission has certified the proposal to the clerk under IC 36-7-4-605(c), the councilor in whose district the parcel of real property under consideration is located, may move that the proposal be set for public hearing before the entire city-county council. If no such motion is made, or if the motion is not adopted by a majority vote of the council, then the decision of the metropolitan development commission shall be deemed affirmed. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1; G.O. 36, 2014, § 1; G.O. 98, 2015, § 2; G.O. 55, 2023, § 1)

Indianapolis-Marion County Revised Code § 151-75 Consideration for final adoption.

Sec. 151-75. - Consideration for final adoption. No proposal for an ordinance or general resolution shall be considered for final adoption except when placed upon the agenda as a special order. Any proposal reported by a committee shall be placed on the agenda under the proper category of special orders. Under the order of business "adoption of agenda," it shall be in order to move to advance any proposal then introduced to "special order: final adoption of proposals." If the motion is to advance a proposal first introduced at the same meeting, the motion shall be carried only if fifteen (15) members of the council vote in the affirmative and the proposal has been distributed in advance of the meeting. No proposal for an ordinance shall be adopted at the same meeting or on the same day of introduction, unless: (1) By unanimous consent of the council members present the matter is considered and at least two-thirds (⅔) of all members are present and vote for its adoption; (2) The ordinance was initiated by a director, board or commission and does not provide for an appropriation or tax levy or the incurring of general obligation indebtedness; or (3) The ordinance is for the reappropriation or transfer of funds previously appropriated by the annual budget ordinances. (G.O. 68, 1988, § 6; G.O. 98, 2015, § 3)

Indianapolis-Marion County Revised Code § 151-76 Public hearings.

Sec. 151-76. - Public hearings. Whenever a proposal is such that by law a hearing must be held before the entire council, the clerk shall advertise the hearing on the date set by the president and place the proposal on the agenda for that meeting under the order of business "special orders: public hearings," in the order of introduction. If the proposal is for additional appropriations from county general fund and the source of funding for such appropriation is not a state or federal grant, the public hearing shall be scheduled at the first regular meeting which is more than thirty (30) days after the proposal is introduced. (G.O. 68, 1988, § 6; G.O. 94, 1994, § 1; G.O. 162, 1994, § 1; G.O. 119, 1996, § 2)

Indianapolis-Marion County Revised Code § 151-77 Special orders: public hearing.

Sec. 151-77. - Special orders: public hearing. Upon reaching the order of business "special orders: public hearings," the president shall inquire as to each proposal if members of the public desire to be heard on that proposal. If any appear wishing to be heard, the president shall recognize such persons, as provided in these rules. If none desire to be heard, the president shall state that the question before the council is on the final adoption of proposal no. _____. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-78 Reconsideration after veto.

Sec. 151-78. - Reconsideration after veto. If the mayor shall veto any ordinance or general resolution of a council, upon receipt of the communication from the mayor so informing the council and at the next succeeding regular meeting of the council, the ordinance or general resolution shall be made a special order of unfinished business. Upon coming to that order of business, the president shall state the question: "Shall the ordinance or resolution be effective notwithstanding the veto?" If the question receives the statutory majority of two-thirds (⅔) of the members of the council, the ordinance shall be in effect. If the veto is of one (1) or more items of appropriation, upon consideration of those items, any member of the council may require that the question be separately put on any one (1) or more of the vetoed items. (G.O. 68, 1988, § 6; G.O. 5, 2012, § 1)

Indianapolis-Marion County Revised Code § 151-79 Special procedures for rezoning ordinances.

Sec. 151-79. - Special procedures for rezoning ordinances. (a) Application. Proposals for changing the zone maps incorporated by reference into the Marion County zoning ordinance may be scheduled for a public hearing pursuant to IC 36-7-4-608. Whenever pursuant to IC 36-7-4-608 the council schedules such a public hearing, the rules set forth in this section shall apply. (b) Prehearing procedures. After such public hearing is scheduled by vote of the council, a preliminary investigation shall proceed as follows: (1) The general counsel shall notify the administrator of the division of planning within two (2) days after a rezoning hearing is scheduled, and the administrator shall distribute in writing to all councilors and the general counsel the staff comments and any other information deemed by him or her relevant to the matter to be heard. Such materials shall be mailed or delivered at least seven (7) days prior to the hearing date. (2) Any interested party may distribute any relevant written materials to councilors, provided all such information is distributed to all councilors. Such materials will be distributed to councilors by the clerk's staff if thirty-five (35) copies are delivered at the staff conference provided in paragraph (3) of this subsection. (3) The general counsel shall conduct a preliminary staff conference on all rezoning petitions on the Wednesday immediately preceding the scheduled hearing beginning at 2:00 p.m. in the clerk's offices, unless the petitioners and remonstrators agree to a different time. The petitioners and any remonstrators each shall be represented at such conference by not more than two (2) persons for each side, one (1) of whom may be their attorney. (4) The purpose of the staff conference shall be to ensure agreement as to the procedures for the public hearing, to promote agreement on order of presentation, to list witnesses and exhibits, to narrow issues to be heard, and to consider compromises, which can be implemented by modifications of petitioners' commitments. (5) If the petitioners and remonstrators compromise their differences and advise the general counsel of such settlement prior to release of the preliminary agenda for the meeting at which such public hearing has been scheduled, the preliminary agenda shall indicate that a proposed settlement has been reached. (c) Action on prehearing settlements. If the petitioners and remonstrators negotiate a compromise that can be implemented by petitioners' modification of commitments and such settlement is acceptable to the councilor who requested the public hearing, the petitioners shall file executed copies of the revised or additional commitments with the metropolitan development commission and the clerk of the council. If such commitments are filed prior to the commencement of the public hearing, it shall be in order to move for a vote on the rezoning proposal subject to the modified commitments without full public hearing. If such motion is made, any person still desiring to be heard shall have two (2) minutes each to explain why a full public hearing should still be held by the council. If that motion fails, the council shall proceed with the public hearing under this section, but if that motion is carried, the vote shall immediately be taken on the rezoning proposal subject to the modifications of commitments filed by petitioners. (d) Order of public hearings: (1) Councilor requesting hearing (two (2) minutes); (2) Petitioners' presentation (twenty (20) minutes or less); (3) Remonstrators' presentation (twenty (20) minutes or less); (4) Public comment from any citizen who has an interest distinct from that represented by petitioners or remonstrators (two (2) minutes or less each); (5) Petitioners to close (remainder of twenty (20) minutes if any); (6) Remonstrators to close (remainder of twenty (20) minutes if any); (7) Council questioning and debate: a. Each councilor has the floor only once for not more than two (2) minutes; and b. All questions by councilors and the responses shall be counted within the time allocated in subparagraph a.; (8) Councilors requesting hearing have five (5) minutes to close debate; and (9) Hearing ends; petition is decided. (e) Time computation. The petitioners and remonstrators each shall have twenty (20) minutes total per side for presentation and closing, which may be used at their discretion. All testimony, except public comment and questions by councilors and the response thereto, shall be treated as part of either the petitioners' or remonstrators' time whether or not called by a party. (f) Additional time requests. If either party is of the opinion that the issues are sufficiently complex to justify additional time, such request shall be made at the staff conference and decided by the council prior to the hearing. No additional time shall be allowed after the hearing begins except by action suspending these rules. (g) Council vote. After the public hearing on a proposal for a rezoning ordinance, by a vote of fifteen (15) of the members of the city-county council, the decision of the metropolitan development commission is adopted or rejected as the case may be. Any vote of less than fifteen (15) shall be indecisive; and the decision of the metropolitan development commission shall take effect pursuant to IC 36-7-4-608(c)(3) on the final action date (as extended). (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1; G.O. 44, 1997, § 1; G.O. 63, 2009, § 4; G.O. 36, 2014, § 2; G.O. 98, 2015, § 4; G.O. 55, 2023, § 1)

Indianapolis-Marion County Revised Code § 151-80 Committee reports.

Sec. 151-80. - Committee reports. Whenever a committee acts to return a proposal to a council, the chairperson of the committee shall so inform the clerk, stating in writing whether the committee recommends adoption or denial or reports without recommendation. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-81 Special orders: final adoption.

Sec. 151-81. - Special orders: final adoption. Upon reaching the order of business "special orders: unfinished business" and the order of business "special orders: final adoption of proposals," the president shall state with respect to each proposal in the order listed in the agenda, that the question is on the final adoption of proposal no. _____. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-82 Order of debate.

Sec. 151-82. - Order of debate. When the presiding officer has stated a question on final adoption, the presiding officer shall then recognize the chairperson of the committee to which the proposal was referred or if the chairperson has voted with the minority on the proposal in committee a member of the committee which voted for the committee recommendation, and the member of the council introducing the proposal, if there is one. After the committee recommendations have been announced and after the sponsoring council member has spoken or declined to speak, any member of the council may be recognized for debate or any other matter in order. If the committee has recommended that the proposal be amended, the question before the council shall be on adoption of the proposal as amended by the committee. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-83 Roll call votes.

Sec. 151-83. - Roll call votes. The presiding officer may state the question of final adoption jointly on more than one (1) proposal; however, if any member of the council objects, the roll call on adoption shall be taken separately on each proposal. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-84 Amendments.

Sec. 151-84. - Amendments. No amendment to a proposal shall be in order unless in writing and copies presented to the president and the clerk. Any amendment may be referred, delayed or otherwise disposed of without delay or prejudice of the proposal itself. The adoption of any amendment not having the prior approval of the general counsel as to form shall have the effect of tabling the proposal until the next meeting. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-85 Indecisive vote.

Sec. 151-85. - Indecisive vote. If, after the president has stated the question on final adoption and the council has postponed the final vote or if on final vote the proposal fails to obtain the necessary vote for adoption or defeat, the proposal shall be placed on the agenda of the next meeting under the order of business: "special orders: unfinished business," unless it is referred back to a committee or tabled or postponed to a time certain or indefinitely. (G.O. 68, 1988, § 6; G.O. 144, 1993, § 1)

Indianapolis-Marion County Revised Code § 151-86 Adjournment motions recognizing deceased persons—Generally.

Sec. 151-86. - Adjournment motions recognizing deceased persons—Generally. At the conclusion of each council meeting immediately prior to traditional adjournment, the clerk or a member of the council as designated by the president shall have the opportunity to adjourn the meeting in recognition of and respect for the life and contributions of specifically named deceased persons. The name(s) of such deceased persons shall be submitted to the clerk by the sponsoring councilor by 5:00 p.m. at least two (2) work days before the regularly scheduled meeting of the council at which the motion is to be offered. The motion shall be in writing on a form devised and approved by the clerk and shall contain all information necessary to facilitate the full intent and process of this section and section 151-87. The following protocol for offering motions is to be used: The president: The docketed agenda for this meeting of council having been completed, the chair will now entertain motions for adjournment. President's designee: Mr. President. The president: The chair recognizes (the clerk) Councilor ___________. The councilor: Mr. President, I have been asked to offer the following motion(s) for adjournment: by Councilor ___________ in memory of ___________. by Councilor ___________ in memory of ___________. (This format will be followed through the completion of all names.) Mr. President, I would like to move the adjournment of this meeting of the Indianapolis City-County Council in recognition of and respect for the life and contributions of those persons I have here specifically named. I respectfully ask the support of fellow councilors. I further request that the motion(s) be made a part of the permanent records of this body and that a letter bearing the council seal and the signature of the president be sent to the family of each person advising of this action. The president: Thank you, Councilor ___________. Hearing no objections, the motion(s) is/are received and the requests are so ordered. Hearing no further motions for adjournment, we are adjourned. (gavel) (G.O. 50, 1993, § 1; G.O. 144, 1993, § 1; G.O. 55, 2023, § 1)

Indianapolis-Marion County Revised Code § 151-87 Same—Letter sent to involved families.

Sec. 151-87. - Same—Letter sent to involved families. The letter sent to the involved families will take the following form: Dear ___________ I am very pleased to advise you that upon motion made by Councilor ___________, the ___________ session of the Indianapolis City-County Council was adjourned "in recognition of and respect for the life and contributions of ___________." Councilor ___________'s motion was supported by the full Council and is now a part of our permanent records. America has been made great by those persons who have made the landmark contributions as well as those whose very presence in the community is a stabilizing influence which lends a sense of purpose and direction. We join you at this time in remembering ___________. (G.O. 50, 1993, § 1; G.O. 144, 1993, § 1; G.O. 55, 2023, § 1)

Indianapolis-Marion County Revised Code § 151-88 Special requirements for consideration of proposals concerning creation and expansion of allocation areas under I.C. 36-7-15.1.

Sec. 151-88. - Special requirements for consideration of proposals concerning creation and expansion of allocation areas under I.C. 36-7-15.1. (a) In exercising the council's discretion under I.C. 36-7-15.1-9(a) to "approve or disapprove" proposals creating or expanding tax increment financing (TIF) allocation areas under I.C. 36-7-15.1, the council and its committees shall consider the factors set forth in this subsection. Information on these factors shall be provided with the proposal at the time the proposal is introduced. (1) Whether the city has provided a cost/benefit analysis that includes a description of how the project plan aligns with the county-wide comprehensive economic development planning document; a description of how the project plan aligns with the local/neighborhood planning document; a market analysis of the existing, possible or likely future free market unsubsidized private development in the proposed geographic area; an analysis of recent changes in the assessed value in the individual parcels located within the geographic area of the proposed project; and an analysis of use of a project TIF as compared to a TIF district. (2) Whether the proposed geographic area of the proposed TIF district would include parcels that are in the process of being improved, even if not substantially complete enough to be assessed and added to the county's inventory of taxable property. (3) Whether the city has created and implemented a uniform TIF application, employing best practices and including all information needed to evaluate the proposed project and all data elements required for a TIF database, including a financial pro forma. (4) The extent to which the city has employed the use of alternative or complementary economic development tools and infrastructure funding prior to the use of TIF. (5) Whether the proposal minimizes the duration of the TIF district to the amount of time reasonably required to accomplish both the economic development goals of the TIF district and to provide for the permanent return of incremental assessed value to the base taxing units as soon as possible by decommissioning the TIF district. (6) Whether the proposed TIF district targets the use of tax increment financing in a targeted, limited and compact geographic area. (7) Whether the existing TIF districts in the jurisdiction of the redevelopment commission have sunset dates established. (8) Whether the existing dormant or partially dormant TIF districts in the jurisdiction of the redevelopment commission have been terminated. (9) Whether the proposal would expand an existing TIF district that does not have an established sunset date. (10) Whether the proposal is for redevelopment projects or economic development projects. (11) Whether the proposal includes local hiring goals and MBE/WBE participation goals. (12) Whether the proposal includes provisions for educational, work training, and worker retraining programs. (13) The extent to which the base taxing units and community organizations that may be impacted by the creation or expansion of a TIF district were included from the beginning of the process and provided with meaningful economic impact analysis including projections of foregone revenue, not limited to current financial reporting requirements in state law. (14) Whether the city has adopted semi-annual local reporting requirements, including a three-year capital spending plan for pay-as-you-go projects and other estimated spending for eligible uses of TIF funds. (15) Whether the proposal includes accountability and remediation requirements for the performance of the TIF district, including progress reports measuring performance against stated goals at the time the district was established. (16) Whether the proposal captures more incremental revenue than is necessary to cover debt service and reasonable reserves for the associated projects. (17) Whether the city has established a uniform documentation, reporting, tracking and monitoring system for TIF districts and projects, including a TIF database and a TIF website which would be a repository of the TIF data and information made available to the public. (18) The extent to which the proposal would remove from the base the incremental assessed value of projects that were completed or substantially completed before the Metropolitan Development Commission's adoption of the declaratory resolution. (b) The factors set forth in subsection (a) are not exclusive, and the council may consider any other factors it deems appropriate in exercising its discretion to approve or disapprove proposals under I.C. 36-7-15.1(9)(a). Likewise, the failure to satisfy any factor or part thereof does not limit the council's discretion to approve or disapprove a proposal. (c) Prior to voting to approve or disapprove a proposal creating or expanding a TIF allocation area: (1) A council committee must publish notice and an agenda of the meeting in the manner prescribed by IC 5-3-1 at least ten (10) days in advance, and the proposal must be specifically included on the noticed agenda; or (2) The full council must publish notice of the meeting in the manner prescribed by IC 5-3-1 at least ten (10) days in advance, and the proposal must be specifically included on the notice. (G.O. 57, 2012, § 1; G.O. 5, 2023, § 3)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH151CIUNCO_ARTVICOADPRFetched: 10/27/2026