Sec. 4. (a) On receipt of a petition for incorporation, the county executive shall examine the petition to see that the petition meets the requirements of sections 2 and 3 of this chapter. If the county executive rejects the petition, the county executive shall set forth in writing and with specificity the manner in which the petition fails to meet the requirements of sections 2 and 3 of this chapter. If the petition is in order, the executive shall mark it with the date of filing and immediately forward one (1) copy to the plan commission, if any, having jurisdiction.
(b) The commission shall investigate the proposed incorporation and report their recommendations of approval or disapproval to the county executive at least ten (10) days before the hearing required by section 5 of this chapter. In making their investigations, they may use the services of any state or local government agency, and in making their report and recommendations, they shall be guided by the requirements for incorporation set out in section 8 of this chapter.
[Pre-Local Government Recodification Citation: 18-3-1-6.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.24-1995, SEC.25; P.L.147-2013, SEC.2.
Structure Indiana Code
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
36-5-1-11. 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