Indiana § 36-10-3-35 Extension of service to unincorporated area; approval of petition and
adoption of ordinance; election; notice; ballot; cost and expense of
election

Indiana Statutes

§ 36-10-3-35 — Extension of service to unincorporated area; approval of petition and adoption of ordinance; election; notice; ballot; cost and expense of election

Indiana·Title 36 LOCAL GOVERNMENT·Art. 10 RECREATION, CULTURE, AND COMMUNITY·Ch. 3 General Park and Recreation Law

(a)If the fiscal body approves the petition and adopts the ordinance presented under section 34 of this chapter, the ordinance takes effect.

(b)After the adoption of the ordinance, the fiscal body shall certify the question under IC 3-10-9-3 to the county election board of the county containing the greatest percentage of population of the municipality and fix a date for a special election to be held not later than ninety (90) days after adoption. However, if a primary, general, or municipal election will be conducted in each precinct in the affected area not later than six (6) months after the ordinance is adopted, the special election shall be conducted on the same day as the primary, general, or special election. The election shall be held by the county election board in the area descr

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(a) If the fiscal body approves the petition
and adopts the ordinance presented under section 34 of this chapter, the
ordinance takes effect.
(b) After the adoption of the ordinance, the fiscal body shall certify
the question under IC 3-10-9-3 to the county election board of the
county containing the greatest percentage of population of the
municipality and fix a date for a special election to be held not later
than ninety (90) days after adoption. However, if a primary, general, or
municipal election will be conducted in each precinct in the affected
area not later than six (6) months after the ordinance is adopted, the
special election shall be conducted on the same day as the primary,
general, or special election. The election shall be held by the county
election board in the area described in the petition. IC 3-10-8-6 applies
to the special election. Any voter residing in the affected area may vote
in the election.
(c) The county election board shall give public notice of the special
election in accordance with IC 3-10-2-2.
(d) The ballot must be in the form prescribed by IC 3-10-9-4 and
must state "Shall park and recreation services be extended?".
(e) If the special election is not conducted at a general election,
municipal election, or primary election, the fiscal body shall
appropriate a sum sufficient to defray the cost of the ballots and to pay
the expense of the election as prescribed by IC 3. The appropriation
may be from the general fund or by transfer from the operating budget
of the department.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-7-4-55; subsection (b) formerly 19-7-4-56;
19-7-5-58; subsection (c) formerly 19-7-4-57; subsection (d)
formerly 19-7-4-59; subsection (e) formerly 19-7-4-60; subsection
(f) formerly 19-7-4-61.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts
1981, P.L.45, SEC.96; P.L.3-1987, SEC.568; P.L.3-1993, SEC.280;
P.L.3-1997, SEC.471.

Indiana § 36-10-3-35 (Extension of service to unincorporated area; approval of petition and adoption of ordinance; election; notice; ballot; cost and expense of election) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.