AN ACT to amend the Indiana Code concerning local government.
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 4. If a town has a population of
more than two thousand (2,000), it may change into a city in the
(1) The town legislative body may adopt a resolution submitting to the town's voters the question of whether the town should change into a city. The legislative body shall adopt such a resolution if at least the number of the registered voters of the town required under
IC 3-8-6-3 to place a candidate on the ballot
section 4.1 of this chapter petition it to do so. The legislative
body shall file a copy of the resolution with the clerk of the circuit
court for each county in which the town is located. The circuit
court clerk shall immediately certify the resolution to the county
(2) The resolution must fix a date for an election on the question. If the election is to be a special election, the date must be not less than thirty (30) nor more than sixty (60) days after the notice of the election. If the election is to be on the same date as a general election, the resolution must state that fact and be certified in accordance with IC 3-10-9-3.
(3) Notice of the election must be given by the clerk of the circuit court in the manner prescribed by IC 3-8-2-19. IC 3-10-6 applies
to the election.
(4) The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the town of _________ change into a city?".
(5) If a majority of those voting on the question vote "yes", the town changes into a city when its officers are elected and qualified; otherwise the town remains a town.
SECTION 2. IC 36-4-1-4.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4.1. (a) A petition for a resolution under section 4 of this chapter must be signed by the number of registered voters of the town equal to at least ten percent (10%) of the total vote cast at the last election for secretary of state.
(b) In determining the number of signatures required under this section, any fraction that exceeds a whole number must be disregarded.