§ 120-163. Petition.
Part 2. Procedure forIncorporation Review.
§ 120‑163. Petition.
(a) The process ofseeking the recommendation of the Commission is commenced by filing with theCommission a petition signed by fifteen percent (15%) of the registered votersof the area proposed to be incorporated, but by not less than 25 registeredvoters of that area, asking for incorporation. The voter shall sign thepetition and also clearly print that voter's name adjacent to the signature.The petition must also contain the voter's residence address and date of birth.
(b) The petition mustbe verified by the county board of elections of the county where the voter isalleged to be registered. The board of elections shall cause to be examined thesignature, shall place a check mark beside the name of each signer who isqualified and registered to vote in that county in the area proposed to beincorporated, and shall attach to the petition a certificate stating the numberof voters registered in that county in the area proposed to be incorporated,and the total number of registered voters who have been verified. The countyboard of elections shall return the petition to the person who presented itwithin 15 working days of receipt. That period of 15 working days shall betolled for any period of time that is also either two weeks before or one weekafter a primary or election being conducted by the county board of elections.
(c) The petition mustinclude a proposed name for the city, a map of the city, a list of proposedservices to be provided by the proposed municipality, the names of threepersons to serve as interim governing board, a proposed charter, a statement ofthe estimated population, assessed valuation, degree of development, populationdensity, and recommendations as to the form of government and manner ofelection. The petition must contain a statement that the proposed municipalitywill have a budget ordinance with an ad valorem tax levy of at least five cents(5¢) on the one hundred dollar ($100.00) valuation upon all taxable propertywithin its corporate limits. The petition must contain a statement that theproposed municipality will offer four of the following services no later thanthe first day of the third fiscal year following the effective date of theincorporation: (i) police protection; (ii) fire protection; (iii) solid wastecollection or disposal; (iv) water distribution; (v) street maintenance; (vi)street construction or right‑of‑way acquisition; (vii) streetlighting; and (viii) zoning. In order to qualify for providing policeprotection, the proposed municipality must propose either to provide policeservice or to have services provided by contract with a county or anothermunicipality that proposes that the other government be compensated forproviding supplemental protection. The proposed municipality may not containany noncontiguous areas.
(d) The petitionersmust present to the Commission the verified petition from the county board ofelections.
(e) A petition must besubmitted to the Commission at least 60 days prior to convening of the nextregular session of the General Assembly in order for the Commission to make arecommendation to that session. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1999‑458,s. 1; 2001‑353, s. 6.)