Bill Text: IN HB1186 | 2013 | Regular Session | Introduced
Bill Title: Incorporation of towns.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 147 [HB1186 Detail]
Download: Indiana-2013-HB1186-Introduced.html
Citations Affected: IC 36-5-1.
Synopsis: Incorporation of towns. Provides that proceedings for the
incorporation of a town may be initiated by filing a written petition
with the county executive of the county that contains all or most of the
area of the proposed town. Requires that the petition must be signed by
at least 10% of the owners of land in the area of the proposed town.
Provides that if the county executive finds that the petition satisfies the
statutory requirements, the county executive shall adopt a resolution to
place a public question concerning incorporation on the ballot and file
the resolution and the petition with the circuit court clerk. Requires
petitioners to publish notice of the contents of the petition. Allows only
registered voters residing within the area of the proposed town to vote
on the public question. Provides that if a majority of voters vote "yes"
on the public question, the county executive of each county in which
the proposed town is located shall adopt an ordinance to incorporate
the area as a town. Prohibits another petition for incorporation from
being filed within two years after the election at which a majority of
voters vote "no" on the public question concerning incorporation.
Repeals statutes that allow the county executive, after a public hearing,
to finally approve or disapprove a petition to incorporate a town.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Local Government.
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(1) with the county executive of the county that contains all or a majority of the territory of the proposed town; and
(2) in quadruplicate;
a written petition for incorporation that is signed by at least ten percent (10%) of the owners of land in the proposed town.
(b) The petition filed under subsection (a) must:
(1) be accompanied by the ordinance of any city required to consent to the incorporation under section 7 of this chapter;
(2) meet the requirements of sections 2 and 3 of this chapter;
(3) state the name, telephone number, and electronic mail address (if available) of the contact person for the petitioners; and
(4) request that the public question be placed on the ballot of
a special election, if petitioners want the public question to be
placed on the ballot of a special election and agree to pay the
costs of the special election.
(c) If the county executive determines that the petition satisfies
the requirements set forth in subsections (a) and (b), the county
executive shall do the following:
(1) 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 thirty (30) and not more than sixty (60) 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, at which the question can
be placed on the ballot under IC 3-10-9-3.
If the public question is on the ballot of a special election,
the petitioners shall pay the costs of holding the special
election.
(2) File the resolution and the petition with the circuit court
clerk of each county in which the proposed town is located.
(d) After the resolution is filed with a circuit court clerk under
subsection (c)(2), 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.
(e) 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.
(f) 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.
(g) 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.
incorporated is located. The petition must be signed by at least fifty
(50) owners of land in the territory. and A petition filed under section
1.5 of this chapter must state that:
(1) the territory is used or will, in the reasonably foreseeable
future, be used generally for commercial, industrial, residential,
or similar purposes;
(2) the territory is reasonably compact and contiguous;
(3) there is enough undeveloped land in the territory to permit
reasonable growth of the town; and
(4) incorporation is in the best interests of the citizens of the
territory.
(b) The signatures of the petitioners must be verified, and the
verification must include a statement that the petitioners are owners of
land in the territory sought to be incorporated.
(c) In determining the number of petitioners, not more than one (1)
person having an interest in a single parcel of land may be counted, and
a person owning more than one (1) parcel of land in the area may be
counted only once.
proposed new town is located; and
(4) the executive of a township in which all or a part of the
proposed new town is located.
(b) The
(c) Subsection (b) does not apply to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
(1) the requirements of section 7(a) of this chapter; and
(2) the requirements of section 7(b) of this chapter if the second or third class city is within a county containing a consolidated city.
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) This subsection applies only to a petition filed after June 30, 2013. A petition for incorporation may not be refiled within two (2) years after the date of the election at which a majority of voters
voting on the public question vote "no" under section 1.5 of this
chapter.
(1) provide that:
(A) all members of the town legislative body are to be elected at large (if the town would have a population of less than three thousand five hundred (3,500); or
(B) divide the town into not less than three (3) nor more than seven (7) districts; and
(2) direct the county election board to conduct an election in the town on the date of the next general or municipal election to be held in any precincts in the county.
An election conducted under this section must comply with IC 3 concerning town elections. If, on the date that an ordinance was adopted under this section, absentee ballots for a general or municipal election have been delivered under IC 3-11-4-15 for voters within a precinct in the town, the election must be conducted on the date of the next general or municipal election held in any precincts in the county after the election for which absentee balloting is being conducted. However, a primary election may not be conducted before an election conducted under this section, regardless of the population of the town.
(b) Districts established by an ordinance adopted under this section must comply with IC 3-11-1.5.
(c) If any territory in the town is not included in one (1) of the districts established under this section, the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(d) If any territory in the town is included in more than one (1) of the districts established under this section, the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the ordinance adopted under this section;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
(e) Except as provided in subsection (f), an ordinance adopted under this section becomes effective when filed with:
(1) the office of the secretary of state; and
(2) the circuit court clerk of each county in which the town is located.
(f) An ordinance incorporating a town under this section may not take effect during the year preceding a year in which a federal decennial census is conducted. An ordinance under this section that would otherwise take effect during the year preceding a year in which a federal decennial census is conducted takes effect January 1 of the year in which a federal decennial census is conducted.
(g)
(h) Notwithstanding subsection (f) as that subsection existed on December 31, 2009, an ordinance that took effect January 2, 2010, because of the application of subsection (f), as that subsection existed on December 31, 2009, is instead considered to take effect January 1, 2010, without the adoption of an ordinance or an amended ordinance or any other additional action being required.
(1) The amendment of IC 36-5-1-2, IC 36-5-1-7, IC 36-5-1-7.1, and IC 36-5-1-10.1 by this act.
(2) The repeal of IC 36-5-1-4, IC 36-5-1-5, IC 36-5-1-6, and IC 36-5-1-8 by this act.
(3) IC 36-5-1-1.5, as added by this act.
Such a petition may be considered, adopted, approved, or disapproved by the county commissioners of each county in which the proposed town is located under the statutes in effect before July 1, 2013, as if this act had not been enacted.
(b) This SECTION expires July 1, 2014.
