§ 10-18-4-22 — Implementing ordinance; continuing rights and powers; appeals

Indiana § 10-18-4-22

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 18: WAR MEMORIALS
• Ch. 4: City War Memorials

Text

(a) If a city legislative body wants to
implement this chapter, the legislative body must adopt an ordinance
that must be in substance as follows:
"Be it resolved by _______ (name of the city's legislative body)
that the city should proceed (or jointly with _______ County, in
which it is located) to carry out the purposes of IC 10-18-4.".
The ordinance must be submitted to the mayor of the city for approval.
If the ordinance is approved by the mayor, the city clerk shall give
notice of the adoption of the ordinance by the publication of the
ordinance in full by two (2) insertions published at least one (1) week
apart under IC 5-3-1-4.
(b) The city may appropriate money, issue bonds, levy taxes, and do
everything necessary to implement this chapter.
(c) If a city issues bonds under this chapter and the bonds must be
refunded, the city's legislative body is not required to adopt an
ordinance for that purpose.
(d) A city's rights and powers under this chapter are not exhausted
by being exercised one (1) or more times, but are continuing rights and
powers. A subsequent exercise of power under this chapter by a city
does not require the city's legislative body to adopt an ordinance. A city
that wants to act a subsequent time to implement this chapter may
proceed, acting through its board of public works, with the approval of
its mayor, when money has been appropriated for the action by an
ordinance passed by the city's legislative body and approved by the
mayor, without complying with any other law relating to appropriations
and budgets except for section 3 of this chapter.
(e) A taxpayer aggrieved by an action under this section may appeal
the decision to the circuit court, superior court, or probate court of the
county within ten (10) days in the same manner as other appeals are
taken from an action of the board. The cause of action shall be tried de
novo.
[Pre-2003 Recodification Citation: 10-7-6-23.]

Legislative History

As added by P.L.2-2003, SEC.9. Amended by P.L.84-2016, SEC.60.