§ 36-10-4-11 — Shade trees and lawns along public ways; resolution assessing cost; hearing; assessments; playgrounds; public school grounds or buildings

Indiana § 36-10-4-11

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 4: Parks Department in Certain Cities

Text

(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.