§ 36-10-4-5 — Second class city; resolution to extend boundaries; remonstrance; referendum; election; effective date of extension; operation of parks

(a) In a second class city, the board may adopt
a resolution to extend the boundaries of the district to the county
boundaries unless the county has already established a park district
under IC 36-10-3. The board must file a certified copy of the resolution
with the county auditor and county treasurer. Notice of the adoption of
the resolution shall be given by publication once each week for two (2)
weeks in accordance with IC 5-3-1:
(1) with each publication of notice in a newspaper in accordance
with IC 5-3-1 in the county; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the county.
(b) Whenever the board has adopted a resolution under subsection
(a), remonstrances may be filed by the affected voters within ninety
(90) days after the last publication under subsection (a). Remonstrances
must be signed in ink by the voter in person and state the address of
each signer and that the signer is a registered voter. A person who signs
a remonstrance when the person is not a registered voter commits a
Level 6 felony. More than one (1) voter may sign the same
remonstrance.
(c) A vote on the public question shall be held if at least the number
of the registered voters of the county required under IC 3-8-6-3 to place
a candidate on the ballot file remonstrances under subsection (b) with
the county clerk protesting the extension of the district.
(d) The county clerk shall certify to the county election board in
accordance with IC 3-10-9-3 whether or not the required number of
registered voters of the county have filed remonstrances. If sufficient
remonstrances have been filed, the county election board shall publish
a notice of the election once a week for two (2) consecutive weeks in
accordance with IC 5-3-1-4:
(1) with each publication of notice in a newspaper in accordance
with IC 5-3-1 in the county; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the county.
The first publication of the notice must be at least thirty (30) days
before the date of the election. The question presented to the voters at
the election shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the county park district be established?".
The election is governed by IC 3 whenever not in conflict with this
chapter. The county election board shall make a return of the votes cast
at the referendum.
(e) If a majority of the votes cast are against the extension of the
district, the district is not extended. If sufficient remonstrances are not
filed or if a majority of the votes cast support the extension of the
district, the district is extended.
(f) The extension of the district is effective on January 1 of the year
following the adoption of the resolution or, if an election is held, on
January 1 of the year following the date of the election.
(g) A municipality that becomes part of a district by reason of the
extension of the district under this section may continue to establish,
maintain, and operate parks and other recreational facilities under any
other law. The parks and other recreational facilities shall be operated
by the municipality separate from the parks and other recreational
facilities under the jurisdiction of the board in the same manner as they
would be operated by the municipality if it was not within the district.
(h) The operation of separate parks or recreational facilities by a
municipality does not affect the obligation of property owners within
the municipality to pay all taxes imposed on property within the
district.
(i) The legislative body of a municipality may elect that the separate
parks or other recreational facilities of the municipality be maintained
or operated as a part of the district by adopting a resolution or an
ordinance to that effect. The separate park or other recreational facility
comes under the jurisdiction of the board at the time specified in the
resolution or ordinance.
[Pre-Local Government Recodification Citations: 3-1-32-10;
19-7-30-2.]
As added by Acts 1981, P.L.309, SEC.111. Amended by
P.L.358-1987, SEC.3; P.L.3-1987, SEC.569; P.L.12-1995, SEC.133;
P.L.158-2013, SEC.681; P.L.152-2021, SEC.41.