(A) (1) Whenever the Board shall deem it advisable to acquire land for any of the purposes mentioned in I.C. 36-10-3-1 et seq. either by purchase or appropriation and in conjunction therewith, to proceed with any work of construction or improvement authorized by law or to acquire property without at the time, proceeding with any work of improvement or construction or to proceed with work of improvement or construction when the property used in connection therewith has been already secured by purchase or otherwise, it shall adopt a resolution declaring the purpose, describing the lands so to be acquired and the manner thereof, and in case of appropriation, other lands as may be injuriously affected thereby, or describing the lands already acquired and intended to be used in connection with the proposed work of construction, and in case improvement of the lands or any work of construction is provided for in the resolution shall also cause complete and detailed plans and specifications and an estimate of the cost of the proposed work to be prepared by its engineer selected to do the work, which resolution shall be open to inspection by all persons interested in or affected by the appropriation of lands or the construction of the work.
(2) Upon the adoption of a resolution the Board shall cause notice of the adoption and purport thereof, and, in case any improvements or construction is provided for in the resolution, of the fact that the plans, specifications and estimates have been prepared and can thus be inspected, to be published as required by law which notice shall name a date not less than 10 days after the date of the last publication, on which the Board will receive or hear remonstrances from persons interested in or affected by the proceedings and when it will determine the public utility and benefit thereof.
(3) A like notice shall be sent by mail to the owner of all lands to be appropriated under and by the resolution, and in case any landowner be a non-resident and his or her place of residence be known, a like notice shall be mailed to the non-resident owner, but in event the non-resident owner residence is unknown to the Board, then he or she shall be deemed to have been notified of the pendency of the proceedings by the publication of notice; all persons affected in any manner by the proceedings including all taxpayers in the park district, shall be deemed and held to be notified of the pendency of the proceedings and of all subsequent acts, hearings, adjournments and orders of the Board therein by the original notice by publication.
(4) In the resolution and notice, separate descriptions of each piece or parcel of land shall not be required, but it shall be sufficient description of the property purchased or to be purchased or to be appropriated or damaged to give a description of the entire tract by meters and bounds, whether the same shall be composed of 1 or more lots or parcels, and whether owned by 1 or more persons.
(5) When the land or any part thereof is to be acquired by purchase, the resolution shall also state the maximum proposed cost thereof and the Board shall have power at any time prior to the adoption of the resolution, to obtain from the owner or owners of the land an option for the purchase thereof or may enter into a contract for the purchase thereof, upon terms and conditions as the Board shall deem best. Provided, however, that, in case the Board shall desire to acquire any lots or parcels of land by purchase, the Board shall appoint 3 freeholders residing in the town, who are not interested, directly or indirectly, in any land to be acquired under the resolution or which may be injured or may incur local benefits, to appraise the value thereof, appraisers to take an oath that they have no interest in the matter and that they will honestly and impartially make a valuation, and they shall thereupon forthwith view the land and consider and determine the true market value thereof at that time, and report the appraisement in writing which report shall be filed with and become a part of the record of the proceeding, and the Board shall have no authority to take any option on the land or enter any contract to purchase the same at any higher price than the value so named in the report.
(6) The title to any lands to be acquired under and pursuant to the resolution whether by purchase or appropriation shall not vest until the same are paid for out of the special fund, if any, created and established by the Park and Recreation Board as provided by law. At the time fixed for the hearing, or at any time prior thereto, any owner of land to be appropriated under the resolution or injuriously affected, and also any person owning real or personal property situated within the territorial boundaries of the town, may file a written remonstrance with the Secretary of the Board; at the hearing which may be adjourned from time to time, the Board shall hear all persons interested in the proceedings and all remonstrances as have been filed, and after considering the same shall take final action determining the public utility and benefit of the proposed proceedings, and confirming, or modifying or confirming or rescinding the resolution, which final action shall be duly recorded, and the actions shall be final and conclusive upon all persons whomsoever.
(B) (1) The Board, for the purpose of raising money to pay for any land to be acquired for any of the purposes named in the statute and consequently in this subchapter, or to pay for any improvement or work of construction authorized by this state law, or both, and in anticipation of the special benefit tax to be levied as provided by law shall cause to be issued, in the name of the Town of Beverly Shores, the bonds of the park district, not to exceed in amount the total cost of all lands so to be acquired, and the cost of all improvements or work of construction as provided for in the resolution, and including all expenses necessarily, incurred in connection with the proceedings, together with a sum sufficient to pay the costs of supervision and inspection during the period of construction of any work. The expenses to be covered in the amount of the bond issue shall include all expenses of every kind actually incurred preliminary to the acquiring of land and the construction of the work, such as the cost of the necessary record, engineering expenses, publication of notices, preparation of bonds and other expenses necessary to be incurred prior to and in connection with the acquiring of land and the letting of the contract and the sale of bonds and herein authorized.
(2) If more than 1 resolution or proceeding of the Board under I.C. 36-10-3-1 et seq. shall be finally confirmed whereby different parcels of land are to be acquired or more than 1 contract for work is let by the Board at approximately the same time, it shall be lawful to provide for the cost involved under all of the resolutions and proceedings in 1 issue of bonds.
(3) These bonds shall be issued in any denomination not less than $1,000 each, in not less than 5 nor more than 40 annual series, and shall be payable 1 series each year beginning on January 1 of the second year following the date of their issue; provided that if the bond issue shall be made in any calendar year after the date of the annual tax levy, then the first bond shall mature on January 1 the third succeeding year thereafter, and the balance of the bonds at the regular intervals herein above provided.
(4) The bonds shall be negotiable as inland bills of exchange, and shall bear interest at a rate not exceeding 4-1/2% per annul (annum) payable semi-annually on January 1 and July 1 of each year. The first interest to be payable on July 1 preceding the maturity of the first series of the bonds.
(5) On adopting a resolution ordering the bonds, the Board shall certify a copy of the same to the Clerk-Treasurer of the town in the event the park district is conterminous with the town, who shall thereupon prepare the bonds and the same, shall be executed by the President of the Town Council and attested by the Clerk-Treasurer.
(6) The bonds and the interest thereon shall be exempt from taxation in the manner and to the extent provided by I.C. 36-10-3-1 et seq.
(7) The provisions of all general laws relating to the filing of a petition requesting the issuance of bonds, the right of taxpayers to remonstrate against the issuance of bonds the appropriation of the proceeds of the bonds and approval thereof by the State Board of Tax Commissioners, and the sale of bonds at public sale at not less than the par value thereof shall be applicable to proceedings under this subchapter.
(8) It shall be unlawful for the Board to cause to be issued under this section of this subchapter any bonds of the park district payable by special taxation when the total issue for that purpose, including the bonds already issued or to be issued, is in excess of 2% of the total assessed valuation of the property within the park district and all bonds or obligations issued in violation of this provision shall be void.
(9) The bonds shall not in any respect be corporate obligations or indebtedness of the town but shall be and constitute an indebtedness of the park district as a special taxing district, and the bonds and interest thereon shall be payable only out of a special tax levied upon all property of the park district, as provided by state statute, and the bonds shall so recite the terms upon their face together with the purposes for which they are issued.
(C) All proceeds from the sale of the bonds, issued under and pursuant to I.C. 36-10-3-1 et seq., shall in accordance with I.C. 36-10-3-1 et seq. be kept as a separate and specific fund to pay for the cost of land and other property acquired and of the cost of construction of the work under the resolution and all costs and expenses incurred in connection therewith, as herein provided, and no part of the same shall be used for any other purpose whatsoever. The fund shall be deposited as provided by this subchapter. Any surplus of funds remaining out of the proceeds of the bonds, after all of the costs and expenses are fully paid, shall be paid into and become a part of the park district bond fund as in this act referred to.
(D) (1) For the purpose of raising money to pay all bonds issued as provided in this subchapter, and any interest thereon the Board is hereby empowered to levy, and shall levy, each year a special tax upon all of the property, both real and personal, on and located within the territorial limits of the park district in manner so as to meet and pay the principal of the bonds as they severally mature, together with all occurring interest thereon. The Board shall cause the tax so levied each year to be certified to the County Auditor in the county in which the park district is located at the time for certification of other tax levies.
(2) The tax so levied and certified shall be collected and enforced by the Treasurer in the same manner as other taxes are now collected and enforced; and as the tax is collected it shall be accumulated and kept in a separate fund to be known as the park district bond fund and shall be applied to the payment of the park district bond and interest as they severally mature, and to no other purposes whatsoever.
(E) Nothing in this subchapter shall affect existing obligations on outstanding bonds. In case the Board is discontinued under the terms of this subchapter or by repeal affected by this amendatory subchapter, the primary obligation on its bonds shall remain unaffected but in addition the town or county or town and county shall as provided by law assume liability for the payment of the bonds according to their terms.
(F) The Board may contract with another Board, a governmental unit, department or agency, or with a person for property, facilities or services; but shall have no authority to contract with a person, corporation or private agency for the operation of a park or recreation program. A Board may sell, lease or enter into a royalty contract for the natural or mineral resources of land which it owns. Monies received from these sources shall be deposited in a non-reverting capital fund of the Board.
(Ord. 85, passed 6-12-1971 (84-17))