§ 36-5-1-8 — County executive action on petition; public question

(a) The county executive may approve a petition
for incorporation only if it finds all of the following:
(1) That the proposed town is used or will, in the reasonably
foreseeable future, be used generally for commercial, industrial,
residential, or similar purposes.
(2) That the proposed town is reasonably compact and contiguous.
(3) That the proposed town includes enough territory to allow for
reasonable growth in the foreseeable future.
(4) That a substantial majority of the property owners in the
proposed town have agreed that at least six (6) of the following
municipal services should be provided on an adequate basis:
(A) Police protection.
(B) Fire protection.
(C) Street construction, maintenance, and lighting.
(D) Sanitary sewers.
(E) Storm sewers.
(F) Health protection.
(G) Parks and recreation.
(H) Schools and education.
(I) Planning, zoning, and subdivision control.
(J) One (1) or more utility services.
(K) Stream pollution control or water conservation.
(5) That the proposed town could finance the proposed municipal
services with a reasonable tax rate, using the current assessed
valuation of properties as a basis for calculation.
(6) That incorporation is in the best interest of the territory
involved. This finding must include a consideration of:
(A) the expected growth and governmental needs of the area
surrounding the proposed town;
(B) the extent to which another unit can more adequately and
economically provide essential services and functions; and
(C) the extent to which the incorporators are willing to enter
into agreements under IC 36-1-7 with the largest neighboring
municipality, if that municipality has proposed such
agreements.
(b) If the county executive determines that the petition satisfies the
requirements set forth in subsection (a), the county executive may do
any of the following:
(1) Adopt an ordinance under section 10.1 of this chapter
incorporating the town.
(2) Deny the petition.
(3) Adopt a resolution to place a public question concerning the
incorporation on the ballot at an election. The county executive
shall request a date for the election as follows:
(A) If the county executive requests the public question be on
the same date as a general election or primary election:
(i) the resolution must state that the election is to be on the
same date as a general or primary election, and must be
certified in accordance with IC 3-10-9-3; and
(ii) the election must be held on the date of the next general
election or primary election, whichever is earlier, at which
the question can be placed on the ballot under IC 3-10-9-3.
(B) If a petition contains a request for a special election, the
county executive may request that the public question
concerning the incorporation will be on the ballot of a special
election. An election may be considered a special election only
if it is conducted on a date other than the date of a general
election or primary election. The date of the special election
must be:
(i) at least seventy-four (74) and not more than one hundred
four (104) days after the notice of the election is filed under
IC 3-10-8-4; and
(ii) not later than the next general election or primary
election, whichever is earlier.
If the public question is on the ballot of a special election, the
petitioners shall pay the costs of holding the special election.
If the county executive adopts a resolution under this subdivision,
the county executive shall file the resolution and the petition with
the circuit court clerk of each county that contains any part of the
territory sought to be incorporated.
(c) After a resolution is filed with a circuit court clerk under
subsection (b)(3), the circuit court clerk shall certify the resolution to
the county election board. The county election board shall place the
following public question on the ballot:
"Shall (insert a description of the territorial boundaries) be
incorporated as a town?".
Only the registered voters residing within the territory of the proposed
town may vote on the public question.
(d) Not earlier than sixty (60) days and not later than thirty (30) days
before the election, the petitioners shall publish a notice in accordance
with IC 5-3-1 in each county where the proposed town is located. The
notice must include the following:
(1) A description of the boundaries of the proposed town and the
quantity of land contained in the territory of the proposed town.
(2) The information provided under section 3(3) through 3(6) of
this chapter.
(3) The name, telephone number, and electronic mail address (if
available) of the contact person for the petitioners.
(4) A statement that the petition is available for inspection and
copying in the office of the circuit court clerk of each county
where the proposed town is located.
The petitioners shall submit proof of publication of the notice to the
circuit court clerk of each county in which the proposed town is
located. A defect in the form of the notice does not invalidate the
petition.
(e) If a majority of the voters residing within the territory of the
proposed town:
(1) vote "no" on the public question, the territory is not
incorporated as a town, and a new petition for incorporation may
not be filed within the period set forth in section 9 of this chapter;
or
(2) vote "yes" on the public question, the county executive of each
county in which the proposed town is located shall adopt an
ordinance under section 10.1 of this chapter.
(f) The circuit court clerk shall certify the results of a public
question under this section to the following:
(1) The county executive of each county in which the proposed
incorporated territory is located.
(2) The county auditor of each county in which the proposed
incorporated territory is located.
(3) The department of local government finance.
(4) The department of state revenue.
(5) The state board of accounts.
(6) The office of the secretary of state.
(7) The office of census data established by IC 2-5-1.1-12.2.
(8) The election division.
[Pre-Local Government Recodification Citation:
18-3-1-10.]
As added by Acts 1980, P.L.212, SEC.4. Amended by
P.L.195-1984, SEC.3; P.L.147-2013, SEC.5; P.L.76-2014, SEC.67;
P.L.216-2015, SEC.43.