Indiana Code
Chapter 1. Incorporation; Dissolution
36-5-1-8. County Executive Action on Petition; Public Question

Sec. 8. (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.