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 […]
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 […]