36-5-1-1. Application of Chapter
Sec. 1. This chapter applies to all towns except an included town (as defined in IC 36-3-1-7). [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1989, SEC.105.
36-5-1-10. Repealed
[Pre-Local Government Recodification Citations: 18-3-1-3; 18-3-1-11 part.] As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.12. Repealed by Acts 1980, P.L.2, SEC.20.
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 […]
36-5-1-11. Liability for Existing Indebtedness or Other Obligations; Payment to Township
Sec. 11. (a) If the township in which a new town is incorporated is indebted or has outstanding unpaid bonds or other obligations at the time of the incorporation, the town is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the property in the town bears to […]
36-5-1-11.5. Localities Considered Towns for All Purposes
Sec. 11.5. A locality that: (1) has elected town officers and has governed itself as a town for at least ten (10) years preceding September 1, 1988; or (2) has been incorporated under this chapter after August 31, 1988; is a town for all purposes unless the town has been dissolved under this chapter or […]
36-5-1-12. Proceedings to Dissolve or Change Name; Petition, Signatures, and Reasons
Sec. 12. (a) Proceedings to dissolve a town may be instituted under either this section or IC 36-5-1.1. (b) A proceeding under this section may be instituted to either dissolve the town or change its name. The proceeding is instituted by filing a petition with the town clerk. The petition must be signed by at […]
36-5-1-13. Bond for Costs and Expenses
Sec. 13. A petition filed under section 12 of this chapter must be accompanied by a bond for costs and expenses, payable to and approved by the town legislative body. The petitioners shall pay all costs and expenses incurred under this chapter, including the expenses of an election, if their petition is not successful. [Pre-Local […]
36-5-1-14. Notice of Filing of Petition and Day of Hearing
Sec. 14. When a petition is filed under section 12 of this chapter, the town clerk shall give notice of the filing and of the day of a hearing on the petition, in the manner prescribed by IC 5-3-1. [Pre-Local Government Recodification Citation: 18-3-1-23 part.] As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.219-2013, […]
36-5-1-15. Hearing; Withdrawal of Petitioner’s Name; Decision
Sec. 15. (a) On the date named in the notice given under section 14 of this chapter, the town legislative body shall hear and consider: (1) the petition; and (2) all statements presented in favor of or in opposition to granting the petition. The legislative body shall then decide whether there is sufficient cause to […]
36-5-1-16. Dissolution or Change of Name; Date of Election; Notice
Sec. 16. If the town legislative body decides to submit the question of dissolving the town or changing its name to the voters of the town, it shall certify the question to the county election board. The election board shall fix the date of an election for that purpose. The town clerk shall give notice […]
36-5-1-17. Election; Ballots; Clerk’s Statement of Votes Cast
Sec. 17. (a) An election under section 16 of this chapter shall be held in the town. The voters shall, by ballot, vote on the question submitted to them. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state “Shall the town of ___________________ dissolve?” or “Shall […]
36-5-1-18. Number of Votes and Voters Required; Effective Dates of Change of Name and Dissolution; Disposition of Property; Validity of Contracts
Sec. 18. (a) If at least two-thirds (2/3) of the votes cast in an election under section 16 of this chapter are affirmative, the dissolution or change of name takes effect in the manner prescribed by this section. (b) A change of name takes effect thirty (30) days after the filing of the statement required […]
36-5-1-19. Aggrieved Persons; Appeal; Procedure
Sec. 19. (a) A person aggrieved by a decision made by the town legislative body under section 15 of this chapter or by the result of an election under section 16 of this chapter may, within thirty (30) days, appeal that decision or result to the circuit court for the county in which the town […]
36-5-1-2. Requirements of Petition to Incorporate Town
Sec. 2. (a) Proceedings to incorporate a town may be instituted by filing a written petition in quadruplicate with the executive of the county that contains all or a majority of the territory sought to be incorporated. The petition must be signed by at least ten percent (10%) of the owners of land in the […]
36-5-1-20. Towns Not Functioning for Ten Years; Hearing; Findings; Adoption of Ordinance or Ordering Dissolution
Sec. 20. (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 […]
36-5-1-21. Approvals of Proceedings to Incorporate Town Across County Boundaries Commenced Before July 1, 1999
Sec. 21. Notwithstanding sections 2 and 10.1 of this chapter, as in effect July 1, 1999, proceedings commenced before July 1, 1999, to incorporate a town across county boundaries is only required to have the approval of the county executive of the county that contains all or a major part of the territory sought to […]
36-5-1-3. Items to Accompany Petition
Sec. 3. A petition for incorporation must be accompanied by the following items to be supplied at the expense of the petitioners: (1) A survey, certified by a professional surveyor registered under IC 25-21.5, showing the boundaries of and quantity of land contained in the territory sought to be incorporated. (2) An enumeration of the […]
36-5-1-4. Sufficiency of Petition; Plan Commission Recommendations
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 […]
36-5-1-5. Public Hearing on Petition; Notice
Sec. 5. The county executive shall hold a public hearing on a petition for incorporation not less than sixty (60) nor more than ninety (90) days after the date of the filing of the petition, and shall require the petitioners to send notice of the hearing by certified mail to: (1) the residents and landowners […]
36-5-1-6. Parties Entitled to Be Heard; Remonstrance; Dismissal of Petition
Sec. 6. The recipients of the notice required by section 5 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for incorporation shall be dismissed if at any time during the incorporation proceedings, including an appeal, the county executive or a court hearing an appeal is […]