CHAPTER 1.2. CHANGE OF NAME OF A SMALL TOWN
IC 36-5-1.2
Chapter 1.2. Change of Name of a Small Town
IC 36-5-1.2-1
Applicability of chapter; other applicable provisions
Sec. 1. (a) This chapter applies to towns having a population ofless than five hundred (500).
(b) A town may change the town's name under this chapter orIC 36-5-1.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-2
Petition to change name; conditions; bond
Sec. 2. A proceeding to change the name of a town may beinstituted under this chapter by filing with the town clerk-treasurera petition that meets the following conditions:
(1) The petition must be signed by a majority of the registeredvoters of the town.
(2) The petition must be verified by at least one (1) of thepetitioners.
(3) The petition must contain a statement of the proposed newname of the town and the reasons to change the town's name.
(4) The petitioners agree to pay all costs and expenses incurredby the town if the petition is unsuccessful.
(5) The petition must be accompanied by a bond that meets thefollowing conditions:
(A) The bond is payable to the town.
(B) The bond is for costs and expenses incurred under thischapter if the petitioners do not pay the costs and expenses.
(C) The bond is satisfactory to the town legislative body.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-3
Withdrawal from petition
Sec. 3. (a) A petitioner may withdraw from the petition before thetown legislative body makes a decision on the petition under section6 of this chapter.
(b) In determining whether a sufficient number of registeredvoters have signed the petition, the legislative body may not considernames withdrawn from the petition under this section.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-4
Notice of petition filing and hearing
Sec. 4. If a petition is filed under section 2 of this chapter, thetown clerk-treasurer shall give notice under IC 5-3-1 of thefollowing:
(1) The filing of the petition.
(2) The day, time, and place of a hearing on the petition.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-5
Hearing to consider petition
Sec. 5. On the day and time set in the notice given under section4 of this chapter, the town legislative body shall hear and considerthe petition.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-6
Adoption of resolution for name change
Sec. 6. If after the hearing held under section 5 of this chapter, thetown legislative body decides to change the name of the town asrequested by the petition, the legislative body must, by a majorityvote, adopt a resolution to change the name of the town.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-7
Appeal of decision; standing
Sec. 7. A person aggrieved by a decision made by the townlegislative body under section 6 of this chapter may appeal thedecision to the circuit court with jurisdiction in the county in whichthe town is located.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-8
Appeal of decision; notice and bond
Sec. 8. To begin an appeal under section 7 of this chapter, aperson must do the following not more than thirty (30) days afteradoption of the resolution by the town legislative body:
(1) Give written notice of the appeal to the legislative body.
(2) File a bond with the town clerk-treasurer that meets thefollowing conditions:
(A) Is in the amount of five hundred dollars ($500).
(B) Has surety on the bond approved by the legislative body.
(C) Provides the following:
(i) The appeal will be duly prosecuted.
(ii) The appellants will pay all costs of the appeal if theappeal is decided against the appellants.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-9
Appeal of decision; clerk of court filings
Sec. 9. If section 8 of this chapter is satisfied, the townclerk-treasurer shall file the following with the clerk of the circuitcourt:
(1) A transcript of all proceedings in the case.
(2) All papers filed in the case.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-10
Stay of name change Sec. 10. The town legislative body may not take further action inthe case until the appeal is heard and determined.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-11
Determination of appeal without jury; change of venue
Sec. 11. (a) The circuit court shall hear an appeal under thischapter without a jury.
(b) Change of venue from the judge may be granted, but changeof venue from the county may not be granted.
As added by P.L.258-1993, SEC.1.
IC 36-5-1.2-12
Certification of resolution not appealed
Sec. 12. If an appeal has not been filed, not later than thirty (30)days after adoption of the resolution by the town legislative body, thetown clerk-treasurer shall send a certified copy of the resolution toeach of the following:
(1) The clerk of the circuit court of each county in which thetown is located.
(2) The plan commission having jurisdiction, if any.
(3) The office of the secretary of state.
As added by P.L.258-1993, SEC.1. Amended by P.L.24-1995,SEC.27; P.L.3-1997, SEC.463; P.L.123-2000, SEC.11.
IC 36-5-1.2-13
Effective date of name change
Sec. 13. A change of the town's name takes effect thirty (30) daysafter the later of the following:
(1) Adoption of the resolution by the town legislative bodyunder section 6 of this chapter.
(2) Any appeals under this chapter are determined.
As added by P.L.258-1993, SEC.1.