CHAPTER 4. TOWNSHIP SCHOOL BUILDING
IC 20-48-4
Chapter 4. Township School Building
IC 20-48-4-1
Application
Sec. 1. Sections 2 through 4 of this chapter apply if a townshipboard finds at an annual or special meeting of the board, that:
(1) it is necessary to provide for the construction of a schoolbuilding; and
(2) the cost of the building, or the proportional cost if it is ajoint graded high school building, will exceed the sum availablefrom an annual levy.
As added by P.L.2-2006, SEC.171.
IC 20-48-4-2
Powers; township trustee; issuance of warrants or bonds
Sec. 2. (a) The board may authorize the trustee to issue townshipwarrants or bonds to pay for the building or the proportional cost ofit. The warrants or bonds:
(1) may run for a period not exceeding fifteen (15) years;
(2) may bear interest at any rate; and
(3) shall be sold for not less than par.
The township trustee, before issuing the warrants or bonds, shallplace a notice in at least one (1) newspaper announcing the sale ofthe bonds in at least one (1) issue a week for three (3) weeks. Thenotice must comply with IC 5-3-1 and must set forth the amount ofbonds offered, the denomination, the period to run, the rate ofinterest, and the date, place, and time of selling. The township boardshall attend the bond sale and must concur in the sale before thebonds are sold.
(b) The board shall annually levy sufficient taxes each year to payat least one-fifteenth (1/15) of the warrants or bonds, includinginterest, and the trustee shall apply the annual tax to the payment ofthe warrants or bonds each year.
(c) A debt of the township may not be created except by thetownship board in the manner specified in this section. The boardmay bring an action in the name of the state against the bond of atrustee to recover for the use of the township funds expended in theunauthorized payment of a debt. The board may appropriate and thetownship trustee shall pay from township funds a reasonable sum forattorney's fees for this purpose.
(d) If a taxpayer serves the board with a written demand that theboard bring an action as described in subsection (c), and after thirty(30) days the board has not brought an action, a taxpayer may bringan action to recover for the use of the township funds expended inthe unauthorized payment of a debt. An action brought under thissubsection shall be brought in the name of the state.
As added by P.L.2-2006, SEC.171.
IC 20-48-4-3 Preparation of specifications for bidders; competitive bids;contracts
Sec. 3. (a) If a trustee finds it necessary to erect a new school, thetrustee shall procure suitable specifications for the school to be usedby the bidders in bidding and in the construction of the school. If thetrustee desires to purchase school furniture, fixtures, maps, charts, orother school supplies, not including fuel and literary periodicals, asauthorized by the township board, the trustee shall make an estimateof the kinds and amounts, itemized particularly, to be used bybidders. If it is necessary to make repairs to a school, other thancurrent or incidental repairs, the trustee shall make an itemizedstatement of the nature and character of the work to be performed forthe use of bidders.
(b) All contracts shall be let after notice is given by publication inaccordance with IC 5-3-1.
(c) The township board shall attend the letting. At the letting, allthe work or supplies in any one (1) class shall be included and let ina single contract. All bids must be in writing and opened and readpublicly at the date, time, and place fixed in the notice. Inconsultation with the township board, the trustee may take time toexamine the bids and determine which is the lowest and best bid. Theboard may reject any bid. The trustee shall endorse either acceptanceor rejection on the bids and preserve them.
(d) If a bid is accepted, a proper contract shall then be reduced towriting for the building, repairs, or supplies and signed by thesuccessful bidder and the trustee. The trustee shall require the bidderto give bond with security to the trustee's approval for the faithfulexecution of the contract.
As added by P.L.2-2006, SEC.171.
IC 20-48-4-4
Effect of noncompliance with law
Sec. 4. A contract made in violation of sections 2 through 3 of thischapter is void.
As added by P.L.2-2006, SEC.171.
IC 20-48-4-5
Application
Sec. 5. Sections 6 through 9 of this chapter apply to a township inwhich there is not a city or town that operates public schools withinthe city or town.
As added by P.L.2-2006, SEC.171.
IC 20-48-4-6
Petition; alteration, construction, or addition of school building
Sec. 6. If:
(1) a petition signed by at least one hundred (100) freeholdersof the township is filed with the township trustee asking for thealteration or construction of a building or for an addition to abuilding to be used for teaching the children of the township the
arts of agriculture, domestic science, or physical culture; and
(2) the building or addition to the building may be used by thecitizens of the township for school and communityentertainment and for other public purposes;
the township trustee, with the consent of the township board, maygrant the petition and shall alter or construct a building or an additionto a building as will best meet the needs of the citizens of thetownship.
As added by P.L.2-2006, SEC.171.
IC 20-48-4-7
Approval by department of local government finance
Sec. 7. (a) After June 30, 2008, this section applies only if thealteration or construction is a controlled project (as defined inIC 6-1.1-20-1.1) for which a preliminary determination underIC 6-1.1-20-3.1 was made before July 1, 2008.
(b) Before altering or constructing a building or an addition to abuilding, the proposed action must be submitted for approval to thedepartment of local government finance. The department of localgovernment finance shall set the proposal for hearing and give ten(10) days notice of the hearing to the taxpayers of the taxing districtby:
(1) one (1) publication in each of two (2) newspapers ofopposite political parties published in the taxing district;
(2) one (1) publication if only one (1) newspaper is published;
(3) publication in two (2) newspapers representing the two (2)leading political parties published in the county and having ageneral circulation in the taxing district if no newspaper ispublished in the district; or
(4) publication in one (1) newspaper if only one (1) paper ispublished in the county.
The department of local government finance shall conduct thehearing in the taxing district. After the hearing upon the proposal, thedepartment of local government finance shall certify its approval ordisapproval to the county auditor and to the township trustee.
As added by P.L.2-2006, SEC.171. Amended by P.L.146-2008,SEC.526.
IC 20-48-4-8
Powers; issuance of bonds
Sec. 8. (a) Upon approval by the department of local governmentfinance (if required under section 6 of this chapter), the townshiptrustee may, with the consent of the township board, issue and sellthe bonds of the civil township in an amount sufficient to pay for thealteration, construction, or addition described in section 6 of thischapter.
(b) The trustee may levy a tax on the taxable property of thetownship in an amount sufficient to discharge the bonds issued andsold. The bonds may not bear a maturity date more than twenty (20)years from the date of issue.As added by P.L.2-2006, SEC.171. Amended by P.L.146-2008,SEC.527.
IC 20-48-4-9
Joint action; township trustee; school township
Sec. 9. In carrying out sections 6 through 8 of this chapter, thetownship trustee may join with the school township or district in thealteration, construction, or addition, contracting together and joiningin the employment of an engineer or architect.
As added by P.L.2-2006, SEC.171.