15-123.   Same; consideration of matter after hearing; denial of petition,when; order; unanimous vote for incorporation, when; election of city officers,procedure.After the hearing has been adjourned sine die, the board or jointboard of county commissioners shall consider the matter. It may request thedirector of the division of community development of the department of economicdevelopment to make a study of the general area in which the territory islocated, information in possession of the county board and other sources,and render an opinion as to the advisability of the proposed incorporation.The petition for incorporation shall be denied if it is determined thatpresent or future annexation to an adjacent city, or the creation of anauthorized special service district, or districts, would better serve theinterest of the area or that the proposed incorporation would be otherwisecontrary to the public interest. If the board or joint board determinesthat the territory should not be incorporated, it shall make an order sostating. In addition to other requirements, if any of the territory whollywithin one county is within five miles of an existing city, theterritory shall not be incorporated except by the unanimous vote of thecommissioners. If the board or joint board determines that the territoryshould be incorporated, it shall prepare an order or joint order incorporatingthe territory as a city by the name of "the city of ______________" as statedin the petition and describing the metes and bounds thereof. When the order has been adopted, the inhabitants within such bounds and such furtherterritory as from time to time may be lawfully added thereto shall be abody politic and corporate by that name, and they and their successors (exceptsuch corporation be lawfully dissolved) shall have perpetual succession.The order shall be adopted at the next regular meeting of the board. Where twocounties are involved, the board of each county shall adopt the joint orderat its next regular meeting and not less than two commissioners of eachcounty shall vote in favor thereof, except that in addition to otherrequirements, if any of the territory is within five miles of anexisting city, the territory shall not be incorporated except by theunanimous vote of the commissioners of each county involved. The order orjoint order so incorporating the city shall order the first electionin the city for city officers. The order or joint order shall be enteredat length upon the journal of the proceedings of the board or boardsof county commissioners and shall be published once insome newspaper printed or in general circulation in the city at least oneweek before the city election. Nomination papers for candidates for cityoffice shall be filed with the county election officer of the county wherethe petition for incorporation was filed and the countyelection officer shall conduct suchelection.

      History:   L. 1963, ch. 509, § 9; L. 1965, ch. 143, §1; L. 1968, ch. 274, § 43;L. 1985, ch. 256, § 5; July 1.