PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS
Article 1.--GENERAL PROVISIONS
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 joint
board of county commissioners shall consider the matter. It may request the
director of the division of community development of the department of economic
development to make a study of the general area in which the territory is
located, 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 that
present or future annexation to an adjacent city, or the creation of an
authorized special service district, or districts, would better serve the
interest of the area or that the proposed incorporation would be otherwise
contrary to the public interest. If the board or joint board determines
that the territory should not be incorporated, it shall make an order so
stating. In addition to other requirements, if any of the territory wholly
within one county is within five miles of an existing city, the
territory shall not be incorporated except by the unanimous vote of the
commissioners. If the board or joint board determines that the territory
should be incorporated, it shall prepare an order or joint order incorporating
the territory as a city by the name of "the city of ______________" as stated
in the petition and describing the metes and bounds thereof. When the
order has been adopted, the inhabitants within such bounds and such further
territory as from time to time may be lawfully added thereto shall be a
body politic and corporate by that name, and they and their successors (except
such corporation be lawfully dissolved) shall have perpetual succession.
The order shall be adopted at the next regular meeting of the board. Where two
counties are involved, the board of each county shall adopt the joint order
at its next regular meeting and not less than two commissioners of each
county shall vote in favor thereof, except that in addition to other
requirements, if any of the territory is within five miles of an
existing city, the territory shall not be incorporated except by the
unanimous vote of the commissioners of each county involved. The order or
joint order so incorporating the city shall order the first election
in the city for city officers. The order or joint order shall be entered
at length upon the journal of the proceedings of the board or boards
of county commissioners and shall be published once in
some newspaper printed or in general circulation in the city at least one
week before the city election. Nomination papers for candidates for city
office shall be filed with the county election officer of the county where
the petition for incorporation was filed and the county
election officer shall conduct such
election.
History: L. 1963, ch. 509, § 9; L. 1965, ch. 143, §
1; L. 1968, ch. 274, § 43;
L. 1985, ch. 256, § 5; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS
Article 1.--GENERAL PROVISIONS
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 joint
board of county commissioners shall consider the matter. It may request the
director of the division of community development of the department of economic
development to make a study of the general area in which the territory is
located, 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 that
present or future annexation to an adjacent city, or the creation of an
authorized special service district, or districts, would better serve the
interest of the area or that the proposed incorporation would be otherwise
contrary to the public interest. If the board or joint board determines
that the territory should not be incorporated, it shall make an order so
stating. In addition to other requirements, if any of the territory wholly
within one county is within five miles of an existing city, the
territory shall not be incorporated except by the unanimous vote of the
commissioners. If the board or joint board determines that the territory
should be incorporated, it shall prepare an order or joint order incorporating
the territory as a city by the name of "the city of ______________" as stated
in the petition and describing the metes and bounds thereof. When the
order has been adopted, the inhabitants within such bounds and such further
territory as from time to time may be lawfully added thereto shall be a
body politic and corporate by that name, and they and their successors (except
such corporation be lawfully dissolved) shall have perpetual succession.
The order shall be adopted at the next regular meeting of the board. Where two
counties are involved, the board of each county shall adopt the joint order
at its next regular meeting and not less than two commissioners of each
county shall vote in favor thereof, except that in addition to other
requirements, if any of the territory is within five miles of an
existing city, the territory shall not be incorporated except by the
unanimous vote of the commissioners of each county involved. The order or
joint order so incorporating the city shall order the first election
in the city for city officers. The order or joint order shall be entered
at length upon the journal of the proceedings of the board or boards
of county commissioners and shall be published once in
some newspaper printed or in general circulation in the city at least one
week before the city election. Nomination papers for candidates for city
office shall be filed with the county election officer of the county where
the petition for incorporation was filed and the county
election officer shall conduct such
election.
History: L. 1963, ch. 509, § 9; L. 1965, ch. 143, §
1; L. 1968, ch. 274, § 43;
L. 1985, ch. 256, § 5; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS
Article 1.--GENERAL PROVISIONS
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 joint
board of county commissioners shall consider the matter. It may request the
director of the division of community development of the department of economic
development to make a study of the general area in which the territory is
located, 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 that
present or future annexation to an adjacent city, or the creation of an
authorized special service district, or districts, would better serve the
interest of the area or that the proposed incorporation would be otherwise
contrary to the public interest. If the board or joint board determines
that the territory should not be incorporated, it shall make an order so
stating. In addition to other requirements, if any of the territory wholly
within one county is within five miles of an existing city, the
territory shall not be incorporated except by the unanimous vote of the
commissioners. If the board or joint board determines that the territory
should be incorporated, it shall prepare an order or joint order incorporating
the territory as a city by the name of "the city of ______________" as stated
in the petition and describing the metes and bounds thereof. When the
order has been adopted, the inhabitants within such bounds and such further
territory as from time to time may be lawfully added thereto shall be a
body politic and corporate by that name, and they and their successors (except
such corporation be lawfully dissolved) shall have perpetual succession.
The order shall be adopted at the next regular meeting of the board. Where two
counties are involved, the board of each county shall adopt the joint order
at its next regular meeting and not less than two commissioners of each
county shall vote in favor thereof, except that in addition to other
requirements, if any of the territory is within five miles of an
existing city, the territory shall not be incorporated except by the
unanimous vote of the commissioners of each county involved. The order or
joint order so incorporating the city shall order the first election
in the city for city officers. The order or joint order shall be entered
at length upon the journal of the proceedings of the board or boards
of county commissioners and shall be published once in
some newspaper printed or in general circulation in the city at least one
week before the city election. Nomination papers for candidates for city
office shall be filed with the county election officer of the county where
the petition for incorporation was filed and the county
election officer shall conduct such
election.
History: L. 1963, ch. 509, § 9; L. 1965, ch. 143, §
1; L. 1968, ch. 274, § 43;
L. 1985, ch. 256, § 5; July 1.