36-5-1.1-1. Application of Chapter
Sec. 1. This chapter applies to: (1) towns having a population of less than five hundred (500); and (2) included towns (as defined in IC 36-3-1-7). As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.109.
36-5-1.1-10. Dissolution Ordinance; Effective Date; Disposition of Property; Validity of Contracts; Records
Sec. 10. (a) If the county executive approves dissolution under section 6 of this chapter, the county executive shall adopt: (1) an ordinance; or (2) an order in a county having a consolidated city; dissolving the town. (b) A dissolution takes effect: (1) at least sixty (60) days after the ordinance or order under subsection […]
36-5-1.1-10.5. Dissolution of Town; Requisites of Resolution; Notice; Hearing; Adoption of Ordinance; Effective Date of Dissolution; Validity of Town Contracts
Sec. 10.5. (a) This section applies to the dissolution of an included town. (b) The town legislative body may adopt a resolution to consider dissolution of the town under this section. The resolution must state the following: (1) That the town legislative body conduct a public hearing at a stated date, place, and time concerning […]
36-5-1.1-10.6. Included Towns; Petition; Ballot Question; Filing Certification; Time of Dissolution; Results of Dissolution; Contracts
Sec. 10.6. (a) This section applies to included towns. (b) The dissolution of a town under this section may be instituted by filing a petition with the county board of registration. The petition must be signed by at least the number of the registered voters of the town required to place a candidate on the […]
36-5-1.1-11. Limitation
Sec. 11. If a dissolution proceeding under this chapter is unsuccessful, the person seeking dissolution may not attempt a new proceeding under this chapter or IC 36-5-1 for at least one (1) year following the hearing under section 3 or 10.5 of this chapter or the election under section 10.6 of this chapter. As added […]
36-5-1.1-12. Towns Not Functioning for Ten Years; Hearing; Findings; Adoption of Ordinance or Ordering Dissolution
Sec. 12. (a) This section does not apply to a town described by IC 36-5-1-11.5. (b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has […]
36-5-1.1-2. Institution of Proceedings
Sec. 2. (a) Proceedings to dissolve a town may be instituted under section 10.5 or 10.6 of this chapter or by filing with the executive of the county containing more than fifty percent (50%) in assessed valuation of the land in the town: (1) a resolution adopted by the town legislative body requesting dissolution; or […]
36-5-1.1-3. Public Hearing; Notice
Sec. 3. The county executive shall hold a public hearing on a petition or resolution for dissolution filed under section 2 of this chapter not less than sixty (60) nor more than ninety (90) days after the date of the filing of the petition or resolution. The county executive shall publish notice of the hearing […]
36-5-1.1-4. Recommendations of Plan Commission
Sec. 4. (a) The county executive shall forward one (1) copy of the resolution or petition filed under section 2 of this chapter to the plan commission, if any, having jurisdiction. (b) The plan commission shall submit their written recommendations for approval or disapproval of dissolution to the county executive at least ten (10) days […]
36-5-1.1-5. Parties; Remonstrance Against Dissolution; Dismissal of Petition
Sec. 5. The recipients of the notice required by section 3 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for dissolution shall be dismissed if at any time during the dissolution proceedings, including an appeal, the county executive or a court hearing an appeal is […]
36-5-1.1-6. Decision of County Executive
Sec. 6. The county executive shall, on the date fixed under section 3 of this chapter, hear and determine the petition or resolution and render a decision on the question of dissolution. As added by P.L.342-1987, SEC.2.
36-5-1.1-7. Evidentiary Considerations
Sec. 7. At the hearing the county executive shall approve dissolution unless the evidence establishes that: (1) the petition requesting dissolution has not been signed by at least twenty-five percent (25%) of the voters; (2) there are enough invalid signatures on the petition requesting dissolution to reduce the number of valid signatures to below twenty-five […]
36-5-1.1-8. Residents’ Challenge to Sufficiency or Validity of Petition
Sec. 8. The county executive shall permit the residents of the town to submit evidence challenging the sufficiency or the validity of either: (1) a petition or resolution for dissolution; or (2) a petition opposed to dissolution. As added by P.L.342-1987, SEC.2.
36-5-1.1-9. Appeal; Notice; Bond; Transcript; Change of Venue; Effective Date of Dissolution
Sec. 9. (a) A person aggrieved by a decision made by the county executive under section 6 of this chapter may, within thirty (30) days, appeal that decision or result to the circuit court for the county containing more than fifty percent (50%) in assessed valuation of the land in the town. The appeal is […]