reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 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

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.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-36. Extension of Service to Unincorporated Area; Area to Become Part of District; Appointment of Member to Board; Application of Chapter

Sec. 36. (a) If a majority of those voting in a special election vote under section 35 of this chapter for the extension of park and recreation services, then at the beginning of the next fiscal year the area becomes part of the district of the department.
(b) At the time the area becomes part of the district, the circuit judge of the county shall appoint a member from the area to the board. The member shall be appointed with the same qualifications and for the same term as other members and has the same powers and duties. If the petition of more than one (1) area is approved, the circuit judge shall make the selection of members so as to maintain the bipartisan character of the board as far as possible. As each additional member is appointed, the quorum of the board is increased by one (1).
(c) The board has the same powers and duties to provide park and recreation service to the area as it has for the municipality, and this chapter applies as fully to the area to which service is extended as it applies to a municipality. However, the board need not provide service to the area before revenues from the area are available.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-62; subsection (b) formerly 19-7-4-63; subsection (c) formerly 19-7-4-64; 19-7-4-67 part.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-37. Extension of Service to Unincorporated Area; Property Subject to Levy; Certification of Rate; Review; Issuance of Bond

Sec. 37. (a) After a favorable special election under section 35 of this chapter, all property in the area to which service is extended is subject to the same levy for park and recreational purposes as other property within the district. After determining the levy for park and recreational purposes, the fiscal body of the municipality shall certify the rate to be applied to the area in the same manner as all other municipal levies are certified. In reviewing the park and recreation levy, all reviewing authorities shall treat the levy on the district property as a single levy so that the ultimate rate of tax for park and recreation purposes on all property in the district is identical.
(b) The authority of the board to issue bonds under sections 23 through 28 of this chapter includes all property in the area to which service is extended, but bonds may not be issued upon property in the area to which service is extended that do not obligate other property in the district to the same degree. After determining the levy for the park district bond fund, the board shall certify the rate to be applied to the area in the same manner as the rate to be applied to property in the municipality.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-65; subsection (b) formerly 19-7-4-66.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-38. Application of Section; Annexed Territory; Levy for Park and Recreational Purposes; Semiannual Transfers in Certain Circumstances

Sec. 38. (a) This section applies in a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).
(b) This section applies only if a municipality annexes or has annexed territory that is part of a district under this chapter after June 1, 1976.
(c) Any annexed territory that is in the district before the effective date of the annexation ordinance remains a part of the district, and the property in the annexed territory is subject to the same levy for park and recreational purposes as other property within the district. The annexing municipality may not impose an additional levy on the property in the annexed territory for park and recreational purposes.
(d) Notwithstanding subsection (c), the district's fiscal officer shall semiannually transfer to the annexing municipality's department one-half (1/2) of the property tax revenue attributable to property taxes imposed by the district on property that is within the annexed territory and that was annexed after June 1, 1976, and before March 4, 1988.
(e) The fiscal officer for a district shall make the transfer required under subsection (d) on June 1 and December 1 of each calendar year beginning after December 31, 2018.
[Pre-Local Government Recodification Citation: 18-5-10-28.5.]
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.56-1988, SEC.15; P.L.12-1992, SEC.190; P.L.212-2018(ss), SEC.33; P.L.104-2022, SEC.217.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-39. Application of Section; Discharge of Firearm or Shooting of Arrow With Bow, Class B Misdemeanor; Hunting, Firearm Sport, or Archery Area

Sec. 39. (a) This section applies only to parks within the jurisdiction of a county board.
(b) A person who knowingly discharges a firearm or shoots an arrow with a bow into or inside a park commits a Class B misdemeanor.
(c) This section does not apply to an area that the board designates as a hunting, firearm sport, or archery area.
[Pre-Local Government Recodification Citation: 19-7-4-74.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-40. Issuance of Bonds Payable From County Innkeeper's Tax

Sec. 40. As an alternative to issuing bonds under section 24 of this chapter, the board may issue bonds payable from the county innkeeper's tax. The issuance of the bonds must be initiated by a resolution of the commission established by IC 6-9-7-2, recommending the issuance of the bonds and their purpose. Bonds that are payable from the innkeeper's tax imposed under IC 6-9-7 must be retired before August 1, 1999.
As added by P.L.74-1986, SEC.7. Amended by P.L.85-1993, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-41. Approval of Bond Issuance by County Council; Reduction of Innkeeper's Tax Rate

Sec. 41. The bonds may not be issued until they have been approved by the county council. After the county council has approved the issuance of the bonds, the county council may not reduce the innkeeper's tax rate below a rate that would produce one and twenty-five hundredths (1.25) times the highest annual debt service on the bonds to their final maturity, based on an average of the immediately preceding three (3) years tax collections, if the tax has been levied for the last preceding three (3) years. If the tax has not been levied for the last preceding three (3) years, the county council may not reduce the rate below a rate which would produce one and twenty-five hundredths (1.25) times the highest debt service, based upon a study by a qualified public accountant or financial advisor.
As added by P.L.74-1986, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-42. Hearing; Appropriation of Proceeds; Sale

Sec. 42. (a) The board shall hold a hearing as required by section 25 of this chapter. The board shall appropriate the proceeds of the bonds as required by law for special taxing district bonds.
(b) IC 6-1.1-20-1, IC 6-1.1-20-2, and IC 6-1.1-20-5 apply to the issuance of the bonds.
(c) The bonds may be sold at a public sale in accordance with IC 5-1-11 or may be sold at a negotiated sale.
As added by P.L.74-1986, SEC.9. Amended by P.L.25-1995, SEC.92; P.L.125-2018, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-43. Certification of Debt Service Schedule; Time for Retirement of Bonds

Sec. 43. After the sale of the bonds the secretary of the board shall certify to the county auditor a debt service schedule for the bonds. The schedule must provide that bonds that are payable from the innkeeper's tax imposed under IC 6-9-7 are retired before August 1, 1999.
As added by P.L.74-1986, SEC.10. Amended by P.L.85-1993, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-44. Lease or Contracts for Performance of Historical Pageants and Admissions and Maintenance of Facilities

Sec. 44. The board may enter into a lease or contracts with not-for-profit corporations providing detailed terms and conditions for:
(1) the performance of historical pageants and entertainments; and
(2) the charging of admissions and maintenance of the facilities.
The contract must not extend for a longer term than the term of the bonds.
As added by P.L.74-1986, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-45. Sections Not to Be Repealed During Period of Outstanding Bonds

Sec. 45. The general assembly covenants that it will not repeal or amend:
(1) IC 6-9-7-6;
(2) IC 6-9-7-7;
(3) IC 36-10-3-40;
(4) IC 36-10-3-41;
(5) IC 36-10-3-42; and
(6) IC 36-10-3-43;
in a manner that would adversely affect owners of the bonds as long as the bonds are outstanding.
As added by P.L.74-1986, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-1. Application of Chapter

Sec. 1. (a) This chapter applies to each second class city in which the legislative body has adopted all or part of this chapter by ordinance.
(b) This chapter applies to each third class city in which the legislative body has adopted all or part of this chapter by ordinance.
(c) In addition, in a consolidated city sections 9(a) and 12 through 40 of this chapter apply to the department of parks and recreation and the board of parks and recreation, subject to IC 36-3-4-23.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-12-1 part; subsection (b) formerly 19-7-7-1 part; subsection (c) formerly 19-7-9-1 part; subsection (d) formerly 19-7-30-1 part; 18-4-13-2 part; 18-4-13-3 part; subsection (e) formerly 19-7-7-1 part.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.10; Acts 1982, P.L.33, SEC.48.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-2. Definitions

Sec. 2. As used in this chapter:
"Board" refers to a board of park commissioners, or board of parks and recreation of a consolidated city.
"Department" refers to a department of public parks, or department of parks and recreation of a consolidated city.
"District" means the area within the jurisdiction of a department.
[Pre-Local Government Recodification Citations: 19-7-9-4 part; 19-7-30-8 part; Part new.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-3. Department of Public Parks; Establishment; Board of Park Commissioners; Membership; Compensation; Oath

Sec. 3. (a) A department of public parks is established as an executive department of the city.
(b) The department is under the control of a board of park commissioners. The board consists of four (4) commissioners appointed by the city executive. Each commissioner must be a freeholder residing in the city, and no more than two (2) commissioners may have the same political affiliation.
(c) A second class city may pay each commissioner an annual salary in an amount fixed by the fiscal body. The commissioners shall be paid their actual expenses upon approval by the city executive.
(d) Before beginning the commissioner's duties, each commissioner shall take and subscribe the usual oath of office. The oath shall be indorsed upon the certificate of appointment and filed with the city clerk. If a commissioner has not filed the commissioner's oath:
(1) within thirty (30) days after the beginning of the commissioner's term; or
(2) by the date of the commissioner's appointment if the commissioner was appointed after the beginning of the term;
the commissioner is considered to have refused to serve and the office becomes vacant.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-9-1 part; 19-7-12-1 part; 19-7-30-1 part; subsections (b), (d) formerly 19-7-9-1 part; 19-7-30-1 part; subsection (c) formerly 19-7-14-1.]
As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.176-2002, SEC.10; P.L.127-2017, SEC.379.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-4. Commissioner; Appointment; Removal

Sec. 4. (a) By February 1 each year, the executive shall appoint a commissioner to fill the vacancy caused by the expiration of a term. Each commissioner appointed holds office for a term of four (4) years, beginning with January 1 in the year of appointment. If a vacancy occurs on the board, the executive shall appoint a commissioner for the remainder of the term.
(b) A commissioner may not be removed from office except upon charges preferred in writing before the executive, with a hearing held on them. If the executive is bringing the charges, the fiscal body shall appoint a hearing officer. The only permissible reasons for removal are as follows:
(1) Inefficiency.
(2) Neglect of duty.
(3) Malfeasance in office.
[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 19-7-9-2 part; 19-7-30-6 part; subsection (c) formerly 19-7-30-4 part.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-6. Extended Districts in Certain Counties; Board of Park Commissioners; Term; Vacancy

Sec. 6. (a) This section applies whenever a district is extended under section 5 of this chapter and the district is not located in a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).
(b) After the district is extended under section 5 of this chapter, the board consists of five (5) commissioners. Two (2) commissioners shall be appointed by the city executive, two (2) commissioners shall be appointed by the county executive of the county in which the city is located, and one (1) commissioner shall be appointed by a majority vote of the presidents of the school boards of the school corporations in the county in which the city is located. The commissioners appointed by the county executive must be residents of the area of the district outside the corporate boundaries of the city. The commissioners appointed by the county executive may not be members of the same political party, and the commissioners appointed by the city executive may not be members of the same political party.
(c) A commissioner of an extended district may hold office for an unlimited number of terms.
(d) After the initial terms have expired, all of the commissioners after the extension of the district shall be appointed for terms of four (4) years, beginning on January 1. The terms of office of the three (3) commissioners in office at the time of the extension terminate January 1, and the terms of office of the new commissioners begin January 1. The city executive shall appoint one (1) commissioner for an initial term of two (2) years and one (1) for an initial term of four (4) years. The county executive shall appoint two (2) commissioners, one (1) commissioner for an initial term of two (2) years and the other commissioner for an initial term of four (4) years. The presidents of the school boards shall appoint one (1) commissioner for an initial term of four (4) years.
(e) A vacancy in the office of a commissioner shall be filled for the remainder of the term by the appointing authority.
[Pre-Local Government Recodification Citation: 19-7-30-4 part.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.12; P.L.358-1987, SEC.4; P.L.12-1992, SEC.191; P.L.170-2002, SEC.172; P.L.119-2012, SEC.236; P.L.104-2022, SEC.218.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-6.1. Extended Districts in Other Counties; Board of Park Commissioners; Term; Vacancy

Sec. 6.1. (a) This section applies whenever a district is extended under section 5 of this chapter and the district is located in a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).
(b) After the district is extended under section 5 of this chapter, the board consists of five (5) commissioners. Three (3) commissioners shall be appointed by the city executive, and two (2) commissioners shall be appointed by the county executive of the county in which the city is located. The commissioners appointed by the county executive must be residents of the areas of the district outside the corporate boundaries of the city. No more than two (2) of the three (3) commissioners appointed by the city executive may be members of the same political party, and the commissioners appointed by the county executive may not be members of the same political party.
(c) A commissioner of an extended district may hold office for an unlimited number of terms.
(d) All commissioners after the extension of the district shall be appointed for terms of four (4) years, beginning on January 1. The three (3) commissioners whose terms of office have not expired continue in office and are considered appointees of the city executive until the expiration of the four (4) year terms for which they each were originally appointed. The county executive shall appoint two (2) commissioners, one for a term of two (2) years and the other for a term of four (4) years. As the term of each commissioner expires, a new commissioner shall be appointed for a term of four (4) years so that at all times the board consists of three (3) commissioners appointed by the city executive and two (2) commissioners appointed by the county executive.
(e) A vacancy in the office of a commissioner shall be filled for the remainder of the term by the appointing authority.
As added by P.L.358-1987, SEC.5. Amended by P.L.12-1992, SEC.192; P.L.170-2002, SEC.173; P.L.119-2012, SEC.237; P.L.104-2022, SEC.219.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-7. Board of Park Commissioners; Election of Officers; Quorum; Regular Meetings; Office; Report; Disposition of Money Received

Sec. 7. (a) The board shall elect at its first regular meeting in February each year one (1) of the commissioners president and another vice president. The vice president shall perform the duties of the president during the absence or disability of the president.
(b) A majority of the commissioners constitutes a quorum. Action of the board is not binding unless authorized by a majority of the commissioners at a regular or duly called special meeting of the board. If there is a tie vote on any question, the city executive shall cast the deciding vote.
(c) The board shall fix a time for holding regular meetings. Special meetings of the board may be called at any time by its president, or by any two (2) of the commissioners, upon a written request to the secretary. If a special meeting is called, the secretary shall notify the commissioners by mailing written notices of the time of the meeting at least one (1) day before the meeting. All meetings are open to the public.
(d) The proper authorities of the city shall provide a suitable office for the board where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at all reasonable times.
(e) By February 1 of each year the board shall make a report to the city executive of:
(1) its proceedings, including a full statement of its receipts and disbursements for the preceding calendar year;
(2) the acquisition of lands by the board;
(3) improvements made by the board; and
(4) general character of the work of the board during the preceding year.
(f) Money received by the board shall immediately be paid into the city treasury and credited to the department. All expenditures relating to the parks, parkways, public grounds, public ways, and other places of the city under the control of the department shall be provided for by a special levy of taxes. The money shall be paid from the city treasury when ordered by the board.
[Pre-Local Government Recodification Citations: 19-7-9-3; 19-7-30-7.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-8. Taxing District for Levying Special Benefit Taxes

Sec. 8. All of the area:
(1) within the corporate boundaries of a city; and
(2) in unincorporated areas of the county to which the district has been extended;
constitutes a taxing district for levying special benefit taxes for park purposes as provided in this chapter. Area added to the district under section 5 of this chapter is considered to have received a special benefit from the park facilities of the district equal to or greater than the special taxes imposed on the area by this chapter in order to pay all or a part of the cost of the facilities.
[Pre-Local Government Recodification Citations: 19-7-9-4 part; 19-7-30-8 part.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-10. Powers of Board Extended Five Miles Outside Corporate City Boundaries

Sec. 10. In a city that adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981), the powers granted the board by section 9(a) extend five (5) miles outside the corporate boundaries of the city.
[Pre-Local Government Recodification Citation: 19-7-9-5 part.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.14; P.L.3-1990, SEC.140.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-11. Shade Trees and Lawns Along Public Ways; Resolution Assessing Cost; Hearing; Assessments; Playgrounds; Public School Grounds or Buildings

Sec. 11. (a) The board has exclusive control over the planting, trimming, and maintenance of shade trees along the public ways of the city. The board may:
(1) take over and control the improvement, maintenance, and embellishment of all lawns and street centers in and along the public ways of the city; or
(2) compel the owners of lots and parcels of land bordering on the public ways to plant, trim, protect, and maintain shade trees and to sod, plant, and maintain lawns and centers after first adopting a resolution showing the public necessity and assessing the cost against the abutting lots and parcels of land.
(b) After adopting a resolution under subsection (a), the board shall give notice and provide a hearing, with right of remonstrance, in the same manner as is provided for street and sidewalk improvements by the works board of the city. However, instead of letting a contract to the highest and best bidder, the board may carry out the improvement with its own employees and charge the actual cost in the same manner as if a contract was let. The cost may include a reasonable guaranty, but may not, however, exceed the estimate to be made and placed on file at the time of the adoption of the resolution.
(c) All assessments levied for the improvements are payable in one (1) payment, without notice, at the next regular taxpaying time after the completion of the improvement. The assessments are liens against the separate lots and parcels of land abutting the improvement. If they are not paid when due, they may be enforced by foreclosure, after giving notice, in the same manner as assessments for street and sidewalk improvements.
(d) The board has exclusive control over the establishment and maintenance of public playgrounds, public playfields, public swimming pools, public baths, community centers, and recreation centers in the city. The board shall select directors, assistants, and employees to manage and control the facilities and shall prescribe their duties and fix their compensation. The board may expend the sums from the general park fund for recreation purposes that it considers advantageous to the city.
(e) The governing body of the school corporation of the city may permit the use of public school grounds or buildings under its control that are required or adaptable for recreation purposes when that use will not interfere with use for school purposes.
[Pre-Local Government Recodification Citations: 19-7-9-4 part; 19-7-9-7 part; 19-7-30-9 part; 19-7-30-36; 19-7-30-37 part.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-12. Open Spaces for Park, Recreational, or Civic Purposes

Sec. 12. The board may develop open spaces for park, recreational, or civic purposes in cities where areas have become blighted or require redevelopment for the public welfare in cooperation with the redevelopment commission and the plan commission for the city, providing out of park funds, by bond issue, from other available funds, or by the receipt of grants or donations for such purposes the money necessary for the redevelopment commission to acquire the areas for the department and paying the money to the redevelopment commission for the project.
[Pre-Local Government Recodification Citation: 19-7-30-9 part.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-13. Law Governing Adoption of Plans, Giving of Notice, and Receiving of Bids in Letting of Contract

Sec. 13. The board is subject to IC 36-1-12 governing similar action by the works board when adopting plans, giving notice, and receiving bids in the letting of a contract for public improvements or repairs.
[Pre-Local Government Recodification Citations: 19-7-9-6; 19-7-30-10.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.57, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-14. Actions to Recover Damages for Breach of Agreement, Penalties for Violation of Ordinance, Damages for Injury to Property, and Possession of Property

Sec. 14. The board may bring an action in the name of the city to recover:
(1) damages for the breach of an agreement, expressed or implied, relating to or growing out of the establishment, management, or improvement of the parks, public ways, and other property used for park purposes under its control;
(2) penalties for the violation of an ordinance;
(3) damages for injury to the personal or real property relating to the parks, public ways, and other property used for park purposes; or
(4) possession of property.
[Pre-Local Government Recodification Citations: 19-7-9-7 part; 19-7-30-11 part.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-15. Publication of Rules Adopted by Board

Sec. 15. All rules that the board adopts under this chapter shall be published in accordance with IC 5-3-1.
[Pre-Local Government Recodification Citations: 19-7-9-7 part; 19-7-30-11 part.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.45, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-17. Granting of Public Utility Franchise

Sec. 17. A franchise may not be granted by the city for the construction or maintenance of railways or telephone, telegraph, pipe, or conduit lines upon, across, over, or through a park, parkway, park boulevard, boulevard, or driveway under the control of the board without the consent of the board.
[Pre-Local Government Recodification Citations: 19-7-9-7 part; 19-7-30-11 part.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-18. Ordinance Authorizing Sale of Park Lands; Disposition of Proceeds

Sec. 18. If a board decides to sell a part of the park lands owned by the city, it shall prepare an ordinance authorizing the sale and submit it to the city legislative body. If the legislative body passes the ordinance, the land shall be sold as other land of the city is sold and the proceeds of the sale credited to the department. The proceeds shall be expended for the improvement of the remaining park land or for the purchase of other land for park purposes, as the board considers best for the city.
[Pre-Local Government Recodification Citation: 19-7-30-13 part.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-20. Acquisition of Property for Various Purposes; Holding Property in Trust; Establishment of Museums; Contracts for Management and Maintenance of Facilities

Sec. 20. (a) Real and personal property may be granted, devised, leased, bequeathed, or conveyed to a city for park purposes or for the establishment, improvement, maintenance, or ornamentation of a park, playground, boulevard, pleasureway, parkway, wheelway, garden for horticulture and floriculture, museum, zoological garden, collection of natural history, observatory, library, fountain, monument, work of art, art gallery, or other public ground.
(b) The city may take and hold the property in trust or upon conditions that are approved by the board. The property and the rents, issues, and profits from it are subject to the exclusive control of the board.
(c) The board shall also provide accommodations and take the steps that the money at its disposal will justify for securing and preserving collections of natural history and the establishment of museums in the parks of the city.
(d) The property may be improved, added to, and changed at the board's discretion and shall be protected, preserved, and arranged by the board for the public use and enjoyment under the rules that the board prescribes.
(e) The public may use and enjoy the facilities, although the board may impose an admission charge for entrance into the gardens, museums, and other collections.
(f) The board may also contract for the management and maintenance of gardens, museums, art galleries, or other institutions with a society incorporated under statute, as long as the public has the right to use and enjoy the facilities. The board may also impose an admission charge for entrance into these facilities, which remain subject to the control of the board.
[Pre-Local Government Recodification Citation: 19-7-30-14.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-21. Eminent Domain; Damages; Prior Public Use

Sec. 21. (a) The board may exercise the power of eminent domain for the purposes of this chapter:
(1) within the corporate boundaries of the city; and
(2) before July 1, 2019, outside of the city within:
(A) ten (10) miles; or
(B) five (5) miles if the city adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981);
of the corporate boundaries of the city and within the county in which the city is located.
The board may award damages to landowners for real property and property rights appropriated or injuriously affected and assess benefits to property beneficially affected. If the board cannot agree with the owners, lessees, or occupants of any real property selected by the board for the purposes of this chapter, the board may condemn the property as provided in this chapter, and, when not inconsistent with this chapter, may proceed under statutes governing the condemnation of land and rights-of-way for other public purposes.
(b) If the land or surface of the ground on, over, or across which it is necessary or advisable to establish, construct, or improve a boulevard, parkway, or pleasure driveway is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the entity appropriating it, the public use or prior condemnation does not bar the board from condemning the use of the ground for park purposes. However, the use by the board does not permanently prevent the use of the land or the surface of the ground for the prior public use or by the entity condemning or appropriating it. In a proceeding prosecuted by the board to condemn the use of land or the surface of the ground for purposes permitted by this chapter, the board must show that its proposed use will not permanently or seriously interfere with the continued use of the land or the surface of the ground.
[Pre-Local Government Recodification Citations: 19-7-9-8; 19-7-30-15.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.16; P.L.3-1990, SEC.141; P.L.277-2019, SEC.16; P.L.156-2020, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-22. Authority Concerning Rivers, Streams, and Waterways

Sec. 22. (a) This section applies only to the parts of rivers, streams, and waterways that are within or bordering park land and boulevards under the control of the board.
(b) The board may:
(1) keep open rivers, streams, and waterways and prevent the deposit of unsightly or obnoxious materials in or along them;
(2) take over, improve, control, and provide for the protection of the banks of rivers, streams, and waterways, including building levees and taking over levees already built;
(3) control the flow of water;
(4) make rules and regulations concerning rivers, streams, and waterways and their banks as is necessary for these purposes;
(5) dam or change the course of a river, stream, or waterway to provide water for sprinkling, boating, or other purposes;
(6) provide pools or artificial lakes in parks; and
(7) construct bridges and viaducts over or tunnels under rivers, watercourses, or railroads.
(c) The board may also require the owners of real property abutting along and upon rivers, streams, and waterways to remove unsightly or obnoxious materials, filth, and unhealthy and unsanitary substances in or along them. Five (5) days' written notice shall be given to the owners that states the materials, filth, or substances to be removed. If a property owner fails to comply with the notice the board may remove the materials, filth, or substances. The expense of removal shall be certified by the board to the county treasurer and shall be collected by the treasurer in the same manner as assessments by the board for the improvement of boulevards are collected under this chapter and other statutes, including the sale of the property by the treasurer to pay delinquent expenses.
[Pre-Local Government Recodification Citation: 19-7-30-16.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-24. Appropriation of Property; Purposes

Sec. 24. The board may appropriate property for:
(1) establishing a park, parkway, pleasure driveway, or boulevard;
(2) widening or extending a park, parkway, pleasure driveway, or boulevard;
(3) opening, widening, or extending a route or right-of-way for a sewer or channel of a watercourse connected with or necessary for the protection of a park, parkway, pleasure driveway, or boulevard;
(4) constructing an embankment or levee along a watercourse for the protection of a park, parkway, pleasure driveway, or boulevard;
(5) constructing a bridge or viaduct upon or connected with a park, parkway, pleasure driveway, or boulevard; or
(6) converting a public way connecting a park, parkway, or boulevard in the city into a boulevard or pleasure driveway.
The board may also, in the same proceeding, provide for the construction of improvements to the property for the purposes for which the property is appropriated. In addition, the board may provide for the construction of any of the improvements when the property or a part of it has been secured by contract or other means.
[Pre-Local Government Recodification Citation: 19-7-30-18.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-26. Letting of Contract for Construction; Bidder's Deposit; Payment; Limitation of Cost; Validity of Contract

Sec. 26. (a) If the board orders acquisition and construction and has advertised for bids for the construction after final adoption of the resolution, it shall require each bidder to deposit with the bidder's bid a certified check for an amount not less than two and one-half percent (2 1/2%) of the engineer's estimate of the cost of the improvement to insure the execution of the contract for which the bid is made.
(b) The contract must state that payments for all work under the contract shall be made only from the special fund derived from the proceeds of bonds and special assessments. A contract may not be let for a higher amount than the estimated cost of the work, and the board may let parts of the proposed work under different contracts. The board may, at any time before the execution of a contract for the work, rescind any acts or orders in relation to the proposed work or take the supplementary proceedings that the board considers necessary.
(c) The validity of a contract may not be subsequently questioned by any person except in an action to enjoin the performance of the contract instituted within fifteen (15) days after the execution of the contract. After that fifteen (15) day period, all proceedings and orders of the board preliminary to the contract are valid, conclusive, and binding upon all persons and are not subject to attack. The amount of the benefits resulting to all property in the city and the special tax shall be levied only for the balance.
[Pre-Local Government Recodification Citations: 19-7-9-10; 19-7-30-20.]
As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.127-2017, SEC.382.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-27. Properties Subject to Special Tax; Lands Subject to Special Assessment for Benefits; Determination of Benefits to All Property in City

Sec. 27. (a) After final action of the board confirming the resolution in its original form, all property located within the corporate boundaries of the city is subject to a special tax to provide money to pay the total cost of acquiring land, of an improvement, or of both, including all necessary incidental expenses. The special tax constitutes the amount of benefits resulting to the property from the proceedings and shall be levied as provided in this chapter.
(b) If the board determines that any lots or parcels of land, exclusive of improvements, lying within two thousand (2,000) feet of either side of property to be acquired for a work of construction will incur a particular benefit because of proximity to the property to be acquired or the work of construction, the lots and parcels of land are subject to a special assessment for benefits in addition to the benefits received by them in common with all other property located in the city. The special assessment shall be determined in accordance with this chapter, but the total amount of the additional benefits assessed may not exceed twenty-five percent (25%) of the total cost of acquiring land, of the improvement, or of both.
(c) The total amount of additional benefits assessed and finally confirmed or adjudged against lots and parcels of land, exclusive of improvements, lying within two thousand (2,000) feet shall be deducted from the total cost of acquiring new park land, of the improvement, or of both. The balance of the total cost constitutes the amount of the benefits resulting to all property in the city, with the special tax levied only for the balance.
[Pre-Local Government Recodification Citations: 19-7-9-9 part; 19-7-30-21.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-28. Lists of Property Sought to Be Taken, Certain Property Incurring Particular Benefit, and Persons Affected Injuriously or Beneficially

Sec. 28. (a) When the resolution has been finally confirmed by the board, the board shall have prepared a list of all the owners or holders or property sought to be taken or that will be injuriously affected either by the appropriation of the land or the improvement. The board shall also have prepared a list of all of the owners or holders of lots or parcels of land lying within two thousand (2,000) feet on either side of the land to be acquired for park or boulevard purposes, for an improvement, or for both that will incur a particular benefit as provided in section 27 of this chapter by the acquisition, location, establishment, construction, or improvement of a park, playground, parkway, pleasure driveway, boulevard, improvement, or structure provided in the resolution.
(b) In addition to the names, the list must show with reasonable certainty a description of the property belonging to each person that will be appropriated or affected either injuriously or beneficially. A greater certainty in names and description is not necessary for the validity of an award or assessment than is required in the assessment of taxes.
[Pre-Local Government Recodification Citation: 19-7-30-22.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-29. Exempt Personal and Real Property; Exception

Sec. 29. All real and personal property that is exempt from taxes by statute is exempt from all taxes and assessments under this chapter, except assessments against abutting property for improvements constructed by the board under section 23 of this chapter.
[Pre-Local Government Recodification Citation: 19-7-30-23.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-31. Notice to Mentally Incompetent Persons or Minors; Defects or Irregularities in Proceedings

Sec. 31. (a) If a person having an interest in land affected by the proceedings is mentally incompetent or under eighteen (18) years of age, the board shall certify this fact to its attorney. The attorney shall then apply to the court and secure the appointment of a guardian for the person. The board shall give notice to the guardian, who shall appear and protect the interest of the protected person. However, if the protected person already has a guardian, the notice may be served upon that guardian. The requisites of notice to the guardian are the same as for other notices.
(b) If there are defects or irregularities of any kind in the proceedings with respect to one (1) or more interested persons, they do not affect the proceedings as to any other person. In case of a defect, supplementary proceedings of the same general character as those already prescribed may be had in order to cure it.
[Pre-Local Government Recodification Citation: 19-7-30-25.]
As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.33-1989, SEC.129.