Sec. 35. (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.