§ 36-10-7-8 — Acquisition of land for park purposes by certain townships; improvements; maintenance; bonds; levy of taxes

(a) This section applies to all townships having
a population of less than two thousand (2,000).
(b) The township executive may lease, purchase, accept by grant,
devise, bequest, or other conveyance to the township, or otherwise
acquire land for park purposes and may make necessary improvements
only as provided by this section.
(c) The legislative body may establish a township park and may, by
resolution, appropriate from the general fund of the township the
necessary money to lease, purchase, accept, or otherwise acquire land
for park purposes or make improvements thereon. The executive shall
then lease, purchase, accept, or acquire the land for park purposes or
shall make improvements thereon as directed in the resolution.
However, the costs of the park grounds or of the improvements
provided for in the resolution may not exceed in one (1) year one-fifth
of one percent (0.2%) of the adjusted value of all taxable property of
the township as determined under IC 36-1-15.
(d) If a park has been established under this section, the executive
shall have the park maintained and may make improvements and
construct and maintain facilities for the comfort and convenience of the
public. However, the executive annually may not spend more than one
cent ($0.01) on each one hundred dollars ($100) of assessed valuation
of taxable property in the township as it appears on the tax duplicates
of the auditor of the county in which the township is located. The
money shall be paid from the general fund of the township.
(e) If the general fund of the township is insufficient to meet the
expenses of acquiring or improving the land for park purposes, the
executive shall call a special meeting of the legislative body by written
notice to each member of the legislative body at least three (3) days
before the date of the meeting. The notice must state the time, place,
and purpose of the meeting. The legislative body shall meet and
determine whether an emergency exists for the issuance of the warrants
or bonds of the township. The legislative body shall, by resolution,
authorize the issuance and sale of the warrants or bonds of the
township in an amount not exceeding two percent (2%) of the adjusted
value of all taxable property in the township as determined under IC 36-1-15. The amount of bonds may not exceed the total estimated cost
of all land to be acquired and all improvements described in the
resolution, including all expenses necessarily incurred in connection
with the proceedings. The proceeds from the sale of the bonds shall be
deposited in the general fund of the township. The bonds become due
and payable not less than two (2) nor more than ten (10) years after the
date of issuance, may bear interest at any rate, and may not be sold for
less than par value. The bonds shall be sold after giving notice of the
sale of bonds in accordance with IC 5-3-1. The bonds and the interest
thereon are exempt from taxation as provided by IC 6-8-5 and are
subject to the provisions of IC 6-1.1-20 relating to the filing of a
petition requesting the issuance of bonds, the appropriation of the
proceeds of the bonds, and the approval by the department of local
government finance.
(f) The legislative body shall, at its next annual meeting after
authorization of bonds and annually each following year, levy a
sufficient tax against all the taxable property of the township to pay the
principal of the bonds, together with accruing interest, as they become
due. The executive shall apply the money received from the levy only
to the payment of bonds and interest as they become due.
(g) In addition to the levy required by subsection (f), the legislative
body shall, when a park has been established under this section and at
every annual meeting after establishment, levy a tax not exceeding one
cent ($0.01) on each one hundred dollars ($100) of taxable property in
the township. The levy required by this subsection shall be used by the
executive for the maintenance and improvement of the park. The
executive may not expend more for maintenance and improvement of
the park than the amount collected by the levy except:
(1) upon petition by fifty-one percent (51%) of the taxpayers of
the township; or
(2) when warrants or bonds are to be issued under this section to
finance the expenses of improvements.
The amount received from the levy shall be deposited in the general
fund of the township.
(h) A park established under this section shall be kept open to the
public in accordance with rules prescribed by the executive.
(i) If the executive determines that land or other property used for
park purposes under this section should be disposed of and that the
park should no longer be maintained, the executive shall appoint three
(3) disinterested appraisers to appraise the property. The property shall
then be disposed of either at public or private sale for at least its
appraised value.
(j) This subsection applies if the township sells the property by
acceptance of bids. A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
(k) All money from the sale of park property, less the expenses
incurred in making the appraisal and sale, shall be paid into the general
fund of the township.
[Pre-Local Government Recodification Citations: subsection
(a) New; subsection (b) formerly 17-4-43-1; subsection (c) formerly
17-4-43-2; subsection (d) formerly 17-4-43-3; subsection (e)
formerly 17-4-43-4 part; subsection (f) formerly 17-4-43-4 part;
subsection (g) formerly 17-4-43-5; subsection (h) formerly
17-4-43-6; subsection (i) formerly 17-4-43-7.]
As added by Acts 1981, P.L.309, SEC.114. Amended by
P.L.373-1983, SEC.1; P.L.208-1984, SEC.1; P.L.336-1989(ss),
SEC.55; P.L.157-1991, SEC.13; P.L.6-1997, SEC.236; P.L.90-2002,
SEC.518.