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 […]
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 […]
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 […]
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 […]
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.
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 […]
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.
Sec. 16. (a) A tax on the taxable property in the district, as it appears on the tax duplicate, shall be levied annually by the city legislative body for park purposes. (b) The tax shall be collected the same as other city taxes are collected, and the city fiscal officer shall, between the first and […]
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 […]
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 […]
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 city, by donation, condemnation, or purchase, the land […]
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 […]
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 […]
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 […]
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) […]
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 constructing sidewalks in the same manner as the […]
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, […]
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, and to proceed with […]
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 […]
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 […]