§ 10-18-4-11 — Joint city and county contracts; city bonds

(a) If the board of public works of a city has
been authorized by an ordinance of the city's legislative body, passed
and approved under section 22 of this chapter, appropriating money to
be used by the board of public works under this chapter, the board may,
with the approval of the mayor of the city, enter into a contract with the
county in which the city is located, acting through the board of
commissioners of the county, providing for the acquisition jointly by
the city and the county by purchase, donation, or condemnation of
interests in real property to be added to real property designated for use
by the state for World War memorial and other public purposes.
(b) The board of public works, with the approval of the mayor, may
join with the county, acting through its board of commissioners, by an
appropriate contract, deed, or grant, to convey to the state the real
property acquired jointly by the city and the county for World War
memorial and other public purposes, under the terms and conditions
stated in the contract, deed, or grant.
(c) The board of public works of a city may contract with the county
in which the city is located, acting through its board of commissioners,
providing for the acquisition by purchase, donation, or condemnation
of interests in real property and the construction of a World War
memorial suitable for the city and county and suitable for other public
purposes. If the city, through its board of public works and mayor,
wants to contract under this chapter with the county in which the city
is located for any of the purposes authorized by this chapter, the board
of public works must adopt a resolution stating that proposal. A
certified copy of the resolution must be delivered to the board of
commissioners of the county. The board of commissioners of the
county, not later than sixty (60) days after the receipt of the resolution,
shall determine by order or resolution whether the county will join with
the city in the execution of a contract for a purpose authorized by this
chapter.
(d) If the city and county determine to join in the acquisition of
interests in real property to be added to any real property designated at
any time for use by the state for World War memorial and other public
purposes as authorized by law, then the board of public works, acting
for the city with the approval of the mayor, shall execute a contract on
behalf of the city with the county, acting through its board of
commissioners. The contract must describe the real property interests
to be acquired jointly by the city and the county and the part of the
acquisition cost to be paid by the city and the part of the acquisition
cost to be paid by the county. The contract may contain other
provisions that the city and the county agree upon and that are not
inconsistent with this chapter. The contract must be executed in
duplicate and be recorded in the minutes of the proceedings of the
board of public works of the city and of the board of county
commissioners of the county.
(e) If the county and city determine to establish a joint World War
memorial, then the board of public works, acting for the city with the
approval of the mayor, shall execute a contract on behalf of the city
with the county. The contract must provide as follows:
(1) For the acquisition of real property interests and the
construction on the real property of a joint World War memorial
suitable for the county and city.
(2) For the definite and respective parts of the total cost of the
World War memorial that will be paid by the county and by the
city and the time and manner of the payments.
(3) That the acquisition of the real property and the execution of
all necessary contracts for the construction of the joint World War
memorial shall be made by a board of trustees, consisting of five
(5) members, to be appointed and have the powers and perform
the duties as provided in this chapter.
(4) That the total cost of the acquisition of the real property for
the joint World War memorial and the construction of the
memorial may not exceed the sum of the following:
(A) The amount appropriated for the memorial by the city and
by the board of commissioners of the county.
(B) Any amounts donated, contributed, or received by the city
and by the county for the purpose of the World War memorial.
(5) That the necessary cost and expenses for the management,
maintenance, repairs, and improvement of the World War
memorial shall be paid by the county and city in the same
proportion that they contribute to the establishment of the
memorial.
(6) Any other provisions that may be agreed upon between the
county and the city consistent with this chapter.
(f) The city shall pay for its part due under any contract executed
with the county under this chapter either from the city's general funds
or from the proceeds of bonds sold under this chapter.
(g) The legislative body of the city may authorize by ordinance the
sale of bonds of the city for the purpose of raising funds to pay the
city's part of the cost under a contract that it executes with the county
under this chapter.
(h) The sale of bonds shall comply with a contract executed by a city
with the county in which the city is located for any purpose authorized
by this chapter, and the levy of taxes to pay the bonds, with interest
accruing on the bonds, is governed by this chapter. The legislative body
of the city and other proper officers shall sell the necessary bonds and
levy and collect the necessary taxes to pay the bonds as they mature
and the interest accruing on the bonds as provided in this chapter.
[Pre-2003 Recodification Citation: 10-7-6-10.]

Legislative History

As added by P.L.2-2003, SEC.9.