Title 4. In General — Subtitle 2. Incorporation of Municipalities

at least 25% of the registered voters who are residents of the area proposed to be incorporated; or

at least 20% of the registered voters who are residents of the area proposed to be incorporated, together with the owners of at least 25% of the assessed valuation of the real property of the area proposed to be incorporated.

create a standard petition form for use by an organizing community; and

provide the board of elections of each county with the form for distribution to an organizing community.

express the interest of the subscribing individuals in the incorporation of the area;

contain a detailed description of the boundaries of the area proposed to be incorporated, including a survey of courses and distances or general landmarks and place names;

state the name of the new municipality, which may not be the same as a name used by a municipality or county in the State; and

state the names of the individuals who will initially represent the organizing community on the organizing committee.

the person’s name and residence address; and

if the petition is intended to be presented under subsection (a)(2) of this section and the person signing the petition owns real property in the area proposed to be incorporated, the location and assessed valuation of the property.

verify that each person who signed the petition:

verify that the petition meets the requirements of this section; and

appoint a county liaison if the petition meets the requirements of this section.

Within 90 days after the county commissioners or county council has verified that a petition presented under § 4–204 of this subtitle is valid, the organizing committee shall:

During the 90–day period, the county shall cooperate fully with the organizing committee.

notify the county liaison of all meetings and deliberations of the organizing committee; and

give the county liaison full opportunity to participate in all meetings and deliberations of the organizing committee.

within 45 days after receiving the comments submitted to the organizing committee under § 4–205(c) of this subtitle; or

if the county commissioners or county council has not submitted comments, within 90 days after the report is submitted by the organizing committee under § 4–205(a)(1)(iii) of this subtitle.

the likely fiscal effect of the proposed incorporation on residents of the proposed municipality, residents in the vicinity of the proposed municipality, and the county;

the services that the proposed municipality is expected to provide; and

the impact that the proposed incorporation is expected to have on property tax rates.

If the county commissioners or county council approves the referendum request, between 40 and 60 days after it receives the proposed municipal charter, the county commissioners or county council shall specify, by resolution, the day and hours for a vote on the proposed incorporation by the voters of the area to be incorporated.

The resolution shall include the exact text of the proposed municipal charter as submitted by the organizing committee.

If the county commissioners or county council rejects the referendum request, the county commissioners or county council shall:

After the hearing and reconsideration process is completed, the county commissioners or county council, by resolution, shall affirm the rejection or approve the referendum request.

On the day and during the hours specified for the referendum, the question of incorporation under the proposed municipal charter shall be submitted to the registered voters of the area proposed to be incorporated.

The county board of elections shall arrange for and conduct the referendum.

The wording specified by the county commissioners or county council in the resolution authorizing a referendum on the question of the proposed incorporation shall be placed on the ballots used at the referendum.

if a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter:

if less than a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter:

A candidate for an elected office of a proposed municipality shall be nominated by a certificate of nomination filed by the candidate with the county board of elections.

The certificate of nomination shall include:

tally the votes cast for candidates to a municipal office; and

certify the results to the county commissioners or county council.

If no individual is nominated for a municipal office, a candidate elected to an office is unable to assume the office, or for any other reason no candidate is elected to fill an office, the county commissioners or county council shall appoint a resident of the municipality to the office.

When appointed to an office as provided in paragraph (1) of this subsection, a resident shall hold the office as if elected.

the referendum;

the original election of officers required under § 4–210 of this subtitle; and

the reasonable costs of third party consultants hired by the county commissioners or county council to analyze issues related to the proposed incorporation.