§ 36-10-7-6 — Townships containing a town and having a population of at least 8,500; acquisition, improvement, maintenance, and disposal of land for park purposes; procedure; issuance of bonds; tax levy; employment of needy persons

Indiana § 36-10-7-6

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 7: Miscellaneous Township Recreation Provisions

Text

(a) This section applies to all townships having
a population of at least eight thousand five hundred (8,500) that contain
a town.
(b) The township executive may do the following in relation to
township parks:
(1) Purchase, acquire by eminent domain, accept by grant, devise,
bequest, or other conveyance, or otherwise acquire land within the
township for park purposes.
(2) Make necessary improvements on the land.
(3) Maintain and operate the land.
(4) Dispose of all or part of the land that is unnecessary for the
park or park purposes.
(c) If the executive decides to acquire land for park purposes under
this section, the following procedures apply:
(1) A resolution to that effect shall be adopted by the legislative
body and shall be entered upon the minutes of the legislative
body. The resolution must be signed by the members of the
legislative body and by the executive.
(2) Upon a petition signed in ink by at least one hundred (100)
resident taxpayers and freeholders of the township, the executive
shall, after the adoption of the resolution, fix a day not less than
fifteen (15) nor more than twenty (20) days after adoption during
which time remonstrances may be filed with the executive against
the resolution.
(3) The executive shall give notice by publication of the
resolution and of the time limits for filing remonstrances in
accordance with IC 5-3-1.
(4) Remonstrances must be signed in ink and shall be filed not
later than the day fixed for the expiration of the time for filing
remonstrances in the notices.
(5) If the number of signers of remonstrances exceeds the number
of signers who have signed the original petition, determined by
the same qualifications, the executive may give notice, in
accordance with IC 5-3-1, of a date by which time a
supplementary petition containing the names of qualified signers
in addition to the names signed to the first petition may be filed
asking for acquisition.
(6) A supplemental petition must be signed in ink by signers
having the same qualifications as required for the original
petition.
(7) If, after the expiration of the period for filing a supplemental
petition, it is determined that the number of qualified signers to
the original petition and the supplemental petition exceeds the
number of signers to the remonstrance, the executive may proceed
with the acquisition of land and the improvement and operation
of it.
(8) If the number signing the remonstrance is greater than the
number signing the original and supplemental petition, then the
township may not proceed with the improvement.
However, the remonstrance does not prevent the acquisition of land or
inhibit the power of the executive to acquire parkland unless at least
twenty percent (20%) of the resident freeholders who are also legal
voters, execute the remonstrance. Only the executive and the legislative
body may determine the sufficiency of a petition or remonstrance and
the qualifications of a signer. These matters are subject to review only
for fraud.
(d) The executive may acquire any property, land, privilege,
immunities, or other species of interest reasonably necessary for the
park or for the purpose of improving, maintaining, or operating it. The
executive may sue in the name of the township for the condemnation
of any property, land, privilege, immunities, or other species of interest
in accordance with statutes available to municipal corporations for
condemnation.
(e) To provide money for any of the purposes of this section, the
legislative body may authorize the executive to issue the bonds of the
township. However, the total bonds issued and outstanding at any time
for such purposes may not exceed ninety thousand dollars ($90,000).
The bonds may bear interest at any rate, may be made payable
semiannually, shall be sold for at least their par value, and run for a
period of not less than ten (10) nor more than twenty (20) years. Parts
of the total issue may be sold from time to time as the executive
determines. After the authorization of the bonds, the executive shall, in
accordance with IC 5-3-1, publish notice of that part of the bonds that
will be sold at that time. The notice must state the amount of bonds
offered, the denomination, the period to run, the rate of interest, and the
date, place, and hour of sale. No part of the bonds may be sold except
after notice.
(f) The legislative body shall levy annually a sufficient tax to pay at
least the principal and interest of bonds that will mature in the
following year, and the executive shall apply the tax to the payment of
bonds and interest. The tax levy is in addition to other tax levies. The
tax shall be levied and collected on all property within the boundaries
of the township, including municipalities. The cost of the care, upkeep,
repair, maintenance, and improvement of the park shall be paid out of
the general fund of the township, and the legislative body shall increase
the levy of the fund each year by an amount sufficient to provide the
money to maintain the park.
(g) The executive shall direct the expenditure of the money raised
by the bond issue to save money that otherwise would be expended for
township assistance. The executive may offer persons who are
able-bodied and capable of work the opportunity to work upon the park
improvement. If a person refuses without good excuse, the executive
shall consider the refusal prima facie evidence that the person is not
entitled to township assistance.
[Pre-Local Government Recodification Citations: subsection
(a) New; subsection (b) formerly 17-4-41-1;subsection (c) formerly
17-4-41-2; subsection (d) formerly 17-4-41-3; subsection (e)
formerly 17-4-41-4; subsection (f) formerly 17-4-41-5; subsection
(g) formerly 17-4-41-6.]
As added by Acts 1981, P.L.309, SEC.114. Amended by Acts
1982, P.L.6, SEC.31; P.L.157-1991, SEC.11; P.L.73-2005,
SEC.175.