(b) This subsection does not apply to a city with an ordinance described by subsection (j) or (m). The legislative body shall adopt an ordinance to divide the city into five (5) districts that:

1. (1) are composed of contiguous territory, except for territory that is not contiguous to any other part of the city;
2. (2) are reasonably compact;
3. (3) do not cross precinct boundary lines except as provided in subsection (c) or (d); and
4. (4) contain, as nearly as is possible, equal population.

(c) The boundary of a city legislative body district may cross a precinct boundary line if:

1. (1) more than one (1) member of the legislative body elected from the districts established under subsection (b), (j), or (m) resides in one (1) precinct established under IC 3-11-1.5 after the most recent municipal election; and
2. (2) following the establishment of a legislative body district whose boundary crosses a precinct boundary line, not more than one (1) member of the legislative body elected from the districts resides within the same city legislative body district.

(e) A city legislative body district with a boundary described by subsection (c) or (d) may not cross a census block boundary line:

1. (1) except when following a precinct boundary line; or
2. (2) unless the city legislative body certifies in the ordinance that the census block has no population, and is not likely to ever have population.

(f) The legislative body may not adopt an ordinance dividing the city into districts with boundaries described by subsection (c) or (d) unless the clerk of the city mails a written notice to the circuit court clerk. The notice must:

1. (1) state that the legislative body is considering the adoption of an ordinance described by this subsection; and
2. (2) be mailed not later than ten (10) days before the legislative body adopts the ordinance.

(g) Except as provided in subsection (q), the division under subsection (b), (j), or (m) shall be made:

1. (1) during the second year after a year in which a federal decennial census is conducted; and

2. (2) when required to assign annexed territory to a district.

   This division may be made at any other time, subject to IC 3-11-1.5-32 .

(j) A city may adopt an ordinance under this subsection to divide the city into four (4) districts that:

1. (1) are composed of contiguous territory;
2. (2) are reasonably compact;
3. (3) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
4. (4) contain, as nearly as is possible, equal population.

(m) This subsection applies only if the ordinance adopted under IC 36-4-1.5-3 by the town legislative body of a town that has a population of less than ten thousand (10,000) and that becomes a city specifies that the city legislative body districts are governed by this subsection. The ordinance adopted under IC 36-4-1.5-3 (b)(1) dividing the town into city legislative body districts may provide that:

1. (1) the city shall be divided into three (3) districts that:

   1. (A) are composed of contiguous territory;
   2. (B) are reasonably compact;
   3. (C) do not cross precinct boundary lines, except as provided in subsection (c) or (d); and
   4. (D) contain, as nearly as is possible, equal population; and

2. (2) the legislative body of the city is composed of three (3) members elected from the districts established under this subsection and two (2) at-large members.

   Each voter of the city may vote for two (2) candidates for at-large membership and one (1) candidate from the district in which the voter resides. The two (2) at-large candidates receiving the most votes from the whole city and the district candidates receiving the most votes from their respective districts are elected to the legislative body.

(n) A copy of the ordinance establishing districts or a recertification adopted under this section must be filed with the circuit court clerk of the county that contains the greatest population of the city no later than thirty (30) days after the ordinance or recertification is adopted. The filing must include a map of the district boundaries:

1. (1) adopted under subsection (b), (j), or (m); or
2. (2) recertified under subsection (q).

(o) If any territory in the city is not included in one (1) of the districts established under this section, the territory is included in the district that:

1. (1) is contiguous to that territory; and
2. (2) contains the least population of all districts contiguous to that territory.

(p) If any territory in the city is included in more than one (1) of the districts established under this section, the territory is included in the district that:

1. (1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
2. (2) is contiguous to that territory; and
3. (3) contains the least population of all districts contiguous to that territory.

(s) If a conflict exists between:

1. (1) a map showing the boundaries of a district; and

2. (2) a description of the boundaries of that district set forth in the ordinance;

   the district boundaries are the description of the boundaries set forth in the ordinance, not the boundaries shown on the map, to the extent there is a conflict between the description and the map.

   [Pre-Local Government Recodification Citations: 18-2-1-8 part; 18-2-12-1 part.]

   As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.7; Acts 1981, P.L.44, SEC.43; P.L.13-1988, SEC.17; P.L.5-1989, SEC.102; P.L.7-1990, SEC.59; P.L.4-1991, SEC.141; P.L.1-1992, SEC.184; P.L.3-1993, SEC.266; P.L.230-2005, SEC.86; P.L.169-2006, SEC.51; P.L.271-2013, SEC.50.