Sec. 7. (a) The petitioners must obtain the consent by ordinance of the legislative body of a consolidated city before incorporating a town if any part of the proposed town is within four (4) miles of the corporate boundaries of the city. The legislative body of the consolidated city shall:

(1) consent to the incorporation; or

(2) deny consent to the incorporation;

not later than ninety (90) days after the legislative body receives the petitioners’ written request. If the legislative body fails to act not later than ninety (90) days after the legislative body receives the petitioners’ written request, the legislative body is considered to have consented to the petitioners’ request for incorporation.

     (b) The petitioners must obtain the consent by ordinance of the legislative body of a second or third class city before incorporating a town if any part of the proposed town is within three (3) miles of the corporate boundaries of the city. The legislative body of the city shall:

(1) consent to the incorporation; or

(2) deny consent to the incorporation;

not later than ninety (90) days after the legislative body receives the petitioners’ written request. If the legislative body fails to act not later than ninety (90) days after the legislative body receives the petitioners’ written request, the legislative body is considered to have consented to the petitioners’ request for incorporation.

     (c) Subsection (b) does not apply to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

[Pre-Local Government Recodification Citation: 18-3-1-9.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1982, P.L.1, SEC.58; P.L.195-1984, SEC.2; P.L.5-1988, SEC.212; P.L.12-1992, SEC.161; P.L.147-2013, SEC.3; P.L.11-2023, SEC.116.