Indiana Code
Chapter 1. Incorporation; Dissolution
36-5-1-10.1. Adoption of Ordinance Incorporating Town; Required Provisions to Conduct Elections; Territory Not Included in Any District or in More Than One District; Effective Date of Ordinance

Sec. 10.1. (a) If a majority of the voters voting on the public question under section 8 of this chapter vote "yes", the county executive shall adopt an ordinance incorporating the town.
(b) An ordinance adopted under subsection (a) must:
(1) either:
(A) provide that all members of the town legislative body are to be elected at large (if the town would have a population of less than three thousand five hundred (3,500); or
(B) divide the town into not less than three (3) nor more than seven (7) districts; and
(2) direct the county election board to conduct an election in the town on the date of the next general or municipal election to be held in any precincts in the county.
An election conducted under this section must comply with IC 3 concerning town elections. If the date that an ordinance is adopted under this section is not later than June 1 of a general or municipal election year, the election must be conducted on the date of the next general or municipal election held in any precincts in the county after the election for which absentee balloting is being conducted. However, a primary election may not be conducted before an election conducted under this section, regardless of the population of the town.
(c) Districts established by an ordinance adopted under this section must comply with IC 3-11-1.5.
(d) If any territory in the town is not included in one (1) of the districts established under this section, the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(e) If any territory in the town is included in more than one (1) of the districts established under this section, the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
(f) An ordinance adopted under this section becomes effective when filed with:
(1) the office of the secretary of state; and
(2) the circuit court clerk of each county in which the town is located.
(g) Each county that contains a part of the proposed town must adopt identical ordinances providing for the incorporation of the town.
As added by Acts 1980, P.L.2, SEC.16. Amended by P.L.5-1983, SEC.12; P.L.5-1986, SEC.54; P.L.13-1988, SEC.19; P.L.5-1989, SEC.106; P.L.7-1990, SEC.61; P.L.3-1993, SEC.268; P.L.3-1997, SEC.457; P.L.86-1999, SEC.2; P.L.123-2000, SEC.5; P.L.113-2010, SEC.123; P.L.147-2013, SEC.7; P.L.219-2013, SEC.97; P.L.104-2022, SEC.164.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 5. Government of Towns

Chapter 1. Incorporation; Dissolution

36-5-1-1. Application of Chapter

36-5-1-2. Requirements of Petition to Incorporate Town

36-5-1-3. Items to Accompany Petition

36-5-1-4. Sufficiency of Petition; Plan Commission Recommendations

36-5-1-5. Public Hearing on Petition; Notice

36-5-1-6. Parties Entitled to Be Heard; Remonstrance; Dismissal of Petition

36-5-1-7. Petition to Incorporate Town Within Certain Distance of City Boundaries

36-5-1-7.1. Exemption From City Consent Requirements

36-5-1-8. County Executive Action on Petition; Public Question

36-5-1-9. Denied Petition; Resubmittal

36-5-1-10. Repealed

36-5-1-10.1. Adoption of Ordinance Incorporating Town; Required Provisions to Conduct Elections; Territory Not Included in Any District or in More Than One District; Effective Date of Ordinance

36-5-1-11. Liability for Existing Indebtedness or Other Obligations; Payment to Township

36-5-1-11.5. Localities Considered Towns for All Purposes

36-5-1-12. Proceedings to Dissolve or Change Name; Petition, Signatures, and Reasons

36-5-1-13. Bond for Costs and Expenses

36-5-1-14. Notice of Filing of Petition and Day of Hearing

36-5-1-15. Hearing; Withdrawal of Petitioner's Name; Decision

36-5-1-16. Dissolution or Change of Name; Date of Election; Notice

36-5-1-17. Election; Ballots; Clerk's Statement of Votes Cast

36-5-1-18. Number of Votes and Voters Required; Effective Dates of Change of Name and Dissolution; Disposition of Property; Validity of Contracts

36-5-1-19. Aggrieved Persons; Appeal; Procedure

36-5-1-20. Towns Not Functioning for Ten Years; Hearing; Findings; Adoption of Ordinance or Ordering Dissolution

36-5-1-21. Approvals of Proceedings to Incorporate Town Across County Boundaries Commenced Before July 1, 1999