Title 36, LOCAL GOVERNMENT

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 an…

Sec. 19. (a) The board may, by resolution, establish a building line determining the distance at which all structures erected upon any premises fronting a park, parkway, or boulevard may be erected. Upon the adoption of the resolution, the board shall acquire, in the name of the …

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 …

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 horticult…

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 b…

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 obno…

Sec. 23. (a) The board may, in a proceeding separate from the acquisition of land by purchase or appropriation, order the improvement of a parkway, pleasure driveway, or boulevard, or part of any of these, under the control of the board by surface grading, paving, curbing, or con…

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 …

Sec. 25. (a) This section applies only to: (1) the acquisition of real property; or (2) a work of improvement; that will be financed by the issuance of bonds. (b) If a board decides to: (1) acquire land for any of the purposes of this chapter, either by purchase or appropriation,…

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 perc…

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, inclu…

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 sh…

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…

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 free…

Sec. 30. (a) After completion of the list, the board shall proceed to determine and award: (1) the amount of damages sustained by the owners of the parcels of land required to be appropriated, if any, as provided in the resolution or that will be injuriously affected; and (2) the…

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 …

Sec. 32. (a) A person notified or considered to be notified under the preceding sections of this chapter may remonstrate in writing against an award or assessment and appear before the board on the day fixed for hearing remonstrances. Every person appearing before the board havin…

Sec. 33. (a) Upon completion of the assessment roll by the board, the board shall immediately prepare a duplicate of the assessment roll of benefits, to be known as "The Local Assessment Duplicate", and deliver it, duly certified, to the county treasurer. The amounts of benefits …

Sec. 34. (a) The board shall, upon completion of a damage award or upon the determination of an appeal, make out certificates for the proper amounts and in favor of the proper persons. When a person presents a certificate to the city fiscal officer, the person is entitled to a wa…

Sec. 35. (a) In order to pay for: (1) land to be acquired for any of the purposes of this chapter; (2) an improvement authorized by this chapter; or (3) both; the board shall issue the bonds of the district in the name of the city in anticipation of the special benefits tax to be…

Sec. 36. (a) To raise money for any of the purposes for which bonds may be issued under section 35 of this chapter, the board may request that the city legislative body adopt an ordinance establishing a cumulative building and sinking fund. The legislative body may establish a cu…

Sec. 37. (a) All proceeds from the sale of bonds issued under section 35 of this chapter shall be kept as a separate fund to pay for: (1) the cost of land and other property acquired; (2) the cost of improvement; and (3) all costs and expenses incurred in connection with the proj…

Sec. 38. (a) To raise money to pay all bonds issued under section 35 of this chapter, including interest, the board shall levy each year a special tax upon all of the real and personal property located in the district to pay the principal of the bonds as they mature, together wit…

Sec. 39. (a) The board shall pay to the parties the amounts respectively due them for land taken or purchased or work done by contract or otherwise from the fund derived from the sale of bonds and from assessments of benefits. No other source may be used for this payment. If the …

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 …

Sec. 40. (a) Unless the board publicly declares an emergency, it may not during any six (6) month period make separate contracts with another party for public improvements or repairs under section 13 of this chapter on the same construction or repair site or on the same construct…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 5. (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 alr…

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 …

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 th…

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 o…

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…

through park property; powers of board Sec. 9. (a) The board has, subject to statute and to the right given by section 5 of this chapter to other municipalities within the district to operate separate parks and recreational facilities, exclusive control of all property within the…

Sec. 1. The governing body of a district may take action by adoption of an ordinance. As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

Sec. 1. This chapter applies only to Class 1 public libraries. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-4-1.] As added by P.L.1-2005, SEC.49.

Sec. 2. (a) A public library may merge with any other public library. (b) The merger of at least two (2) public libraries must be initiated by a majority of the entire membership of each library board signing a resolution initiating the planning of a merger. [Pre-2005 Elementary …

Sec. 3. (a) Not more than thirty (30) days after a resolution calling for the planning of a merger is signed under section 2 of this chapter, each library board seeking to merge under this chapter shall appoint three (3) individuals to serve on a planning committee to develop a p…

Sec. 4. (a) A copy of the resolution adopting the merger described in section 3(e) of this chapter must be filed with: (1) the county recorder in each county in which merging library districts are located; and (2) the Indiana state library. (b) After the resolution adopting the m…

Sec. 1. (a) Any of the following may reorganize under this chapter: (1) Two (2) or more counties. A county reorganizing under this subdivision must be adjacent to at least one (1) other county participating in the reorganization. (2) Two (2) or more townships located entirely wit…

Sec. 10. (a) The legislative body of a political subdivision may initiate a proposed reorganization under this chapter by adopting a resolution that: (1) proposes a reorganization; and (2) names the political subdivisions that would be reorganized in the proposed reorganization. …

Sec. 11. (a) The voters of a political subdivision may initiate a proposed reorganization by filing a written petition, substantially in the form prescribed by the department, with the clerk of the political subdivision that: (1) proposes a reorganization; (2) names the political…

Sec. 12. (a) If a petition is certified to the legislative body of a political subdivision under section 11 of this chapter, the legislative body shall conduct a public hearing on the proposed reorganization not sooner than five (5) days after publishing a notice of the public he…

Sec. 13. (a) The legislative body of a political subdivision that receives a certified resolution under section 10 or 12 of this chapter shall do any of the following: (1) Adopt a resolution declining to participate in a proposed reorganization. The resolution must detail why the…

Sec. 14. The legislative body of a political subdivision may revise a resolution certified under section 10, 12, or 13 of this chapter by adding or deleting proposed parties to the reorganization until all of the political subdivisions named in the resolution have adopted substan…

Sec. 18. (a) A reorganization committee (before January 1, 2014) or the legislative bodies of the reorganizing political subdivisions (after December 31, 2013) shall prepare a comprehensive plan of reorganization for the reorganizing political subdivisions. The plan of reorganiza…

Sec. 19. The legislative body of each of the reorganizing political subdivisions shall provide for the following: (1) Consideration of a plan of reorganization in the form of a resolution incorporating the plan of reorganization in full or by reference. (2) Reading of the resolut…

Sec. 2. For purposes of this chapter, two (2) political subdivisions may not be treated as adjacent if the political subdivisions are connected by a strip of land that is less than one hundred fifty (150) feet wide. As added by P.L.186-2006, SEC.4.