ORDINANCE NO. 8.12.04-01

AN ORDINANCE TO ABOLISH TOWN LEGISLATIVE BODY DISTRICTS AND ESTABLISH THAT ALL MEMBERS OF THE LEGISLATIVE BODY BE ELECTED AT LARGE

            WHEREAS, the Town of Mt. Summit (“Mt. Summit”), a town having a population of less than thirty five hundred (3,500) has a history of electing its town board members from legislative body districts (Ward Number 1 consisting of the corporate limits, Ward Number 2 consisting of all area within the corporate limits of the Town of Mt. Summing lying between Main Street and School Street and Ward Number 3 consisting of all area within the corporate limits of Mt. Summit lying south of School Street); and

            WHEREAS, Mt. Summit desires to elect and fill all vacancies of the town board in the future from persons living at large within the corporate limits of Mt. Summit without the restriction of requiring one position be filled from each Ward; and

            WHEREAS, Indiana Code (IC) #36-5-2-4.1(h) authorizes the authority for the town legislative body to adopt an ordinance providing that:

            “(1) town legislative body districts are abolished; and

              (2) All members of the legislative body are elected at large.” and

            WHEREAS, The current board is serving a four year term consisting of the term from January 1, 2004 through December 31, 2007 and therefore, this year is not a year in which a municipal election is scheduled to be conducted in the town under IV #3-10-6 or IC #3-10-7; and

            WHEREAS, the Board of the Town of Mt. Summit elects to exercise the authority provided by IC #36-5-2-4.1(h);

            NOW, THEREFORE, BE IT ORDAINED BY THE Board of the Town of Mt. Summit, Indiana as follows:

            Section 1.  Pursuant to IC #36-5-2-4.1(h), the Town elects to adopt an ordinance providing that the town legislative body districts are abolished; and all members of the legislative body are elected at large.

            Section 2.  Pursuant to IC #36-5-5-4.1(I)(2), this ordinance is to be effective upon passage and will be effective for the filling of any vacancies in the Town Board and for all elections to the Town Board after passage of the Ordinance.

page 2