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

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

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 22. (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.]

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

IC 10-18-4-22Implementing ordinance; continuing rights and powers; appeals Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 22. (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 5-3-1-1.5.

(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.]

As added by P.L.2-2003, SEC.9. Amended by P.L.84-2016, SEC.60; P.L.157-2026, SEC.209.