[Acts July special session 1920, p. 142. In force July 31, 1920.]

8657a. Cities of first class, temporary loans.

8657b. Approval of state tax commissioners.

8657c. Act additional to other laws.

The above act, including sections 8657a, 8657b and 8657c, was repealed by section 8657d, being section 1, Acts 1921, p. 92.

[Acts 1921, p. 92. In force February 28, 1921.]

8657d. Repeal.-1. An act entitled "An act entitled, An act concerning temporary loans of cities of the first class and the executive departments thereof and declaring an emergency," approved July 31, 1920, be and the same is hereby repealed.

This act repeals sections 8657a, 8657b and 8657c, being sections 1, 2 and 3, respectively, of Act 1920, p. 142.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1921, p. 561. In force March 10, 1921.]

8657e. City plan commission.-1. The common council of each city of the State of Indiana, may, by ordinance, provide for the establishment of a city plan commission for such city, consisting of nine members except as hereinafter provided, five of whom shall be citizens of such city who shall be qualified by knowledge or experience to act in matters pertaining to the development of a city plan, who shall not hold any other office in the city government and who shall be appointed by the mayor of such city; one member shall be a member of the common council to be selected by it; one member shall be a member of the board of park commissioners to be selected by such board; one member shall be the president of the board of public works, and one member shall be the city engineer: Provided, That if any city does not have a board of park commissioners, a board of public works or a resident city engineer, then such commission may consist of seven members, and the common council of such city shall, in the ordinance creating such commission, designate the officials of such city government, who shall serve as members of such commission, not more than one of whom shall be a member of any one board or of the common council of such city, but the majority of such commission shall be citizens not holding other office in such city government and who shall be appointed by the mayor of such city.

8657f. Members of commission.-2. The first five citizen members of such commission so appointed shall hold office respectively as follows: One for a term of two years, two for a term of three years and two for a term of four years, from and after the first day of January

of the year of their appointment. Annually thereafter, on or before the first day of February of each year, the mayor shall appoint a commissioner to fill the vacancy caused by the expiration of the term of office of any commissioner, and such commissioner shall hold office for the term of four years from the first day of January of the year of his appointment. If any vacancy shall exist on said commission caused by resignation or otherwise of a citizen member the mayor shall appoint a commissioner for the residue of said term. As soon as such city plan commission shall have been established the common council of such city and the board of park commissioners shall each select a member of their respective bodies to serve on the city plan commission, their terms to expire with the termination of their respective terms of office to which they may have been elected or appointed; thereafter whenever a vacancy occurs on such commission by resignation or otherwise of a member of the common council or the board of park commissioners, such body shall immediately select one of its members to fill such vacancy and to serve during his term of office in the city government. The certificate of the clerk of the common council or of the secretary of the board of park commissioners of any such selection shall be transmitted to the city plan commission and made a part of the records thereof. The president of the board of public works and the city engineer shall be ex-officio members of the city plan commission. All members of the commission shall serve without compensation except their actual expenses which shall be subject to the approval of the mayor. No commissioner shall be removed from office except upon charges first filed in writing with the city plan commission of such city, and after a hearing thereon before such commission; and nothing shall be deemed sufficient cause for removal except inefficiency, neglect of duty or malfeasance in office.

8657g. Meetings.-3. The city plan commission in any such city shall choose, annually at its first regular meeting in February, one of its members to act as president of the commission, and another of its members as vice-president, who shall perform all of the duties of president during his absence or disability. Such commission shall have a suitable office provided for it by the proper city authorities in such city, where it may hold its meeting and where its maps, plans, documents and accounts shall be kept subject to public inspection at all reasonable times. On or before the first day of February of each year such commission shall make a report to the mayor of its proceedings with a full statement of its receipts, disbursements and the progress of its work for the preceding calendar year. A majority of the members shall constitute a quorum, but no action of such com

mission shall be binding unless authorized by a majority of the commission at a regular or duly called special meeting thereof. The commission shall fix a time for holding regular meetings thereof but a special meeting may be called at any time by the president, or by two members upon written request to the secretary. Written notices shall be mailed by the secretary to all members at least two days before a special meeting advising them of the time of such meeting: Provided, That if the time of a special meeting shall have been fixed at a regular meeting, or if all members of the commission are present at a special meeting, then notice shall not be required.

8657h. Power of commission-Secretary.-4. The city plan commission in any such city shall have full and exclusive power to make rules and regulations for the proper management and government of said commission, subject to the limitations otherwise provided in this act, to appoint a secretary, and in his absence a secretary pro tempore, attorneys, engineers, architects, landscape architects, consultants, clerks, and all employes which the commission may deem necessary, to prescribe and define their respective duties, and to fix and regulate the compensation to be paid to the several persons employed by it.

86571. Authority of commission.-5. The city plan commission of any such city shall have full power and authority to make or cause to be made such surveys, studies, maps, plans or charts of the whole or any portion of such surveys, studies, maps, plans or charts of the whole or any portion of such city and of any land outside such city, which in the opinion of the commission bears relation to the plan of the city, and such plan or plans, maps or charts shall show the studies and recommendations of the commission respecting the location, width and arrangement of streets and alleys, ways, subways, viaducts, bridges, docks, wharves, parkways, boulevards, and the location of parks, playgrounds, community centers or any other public buildings, grounds, or improvements, and the removal, relocation, widening or extension of such public works then existing, the platting of ground into lots or parcels, street and alleys, and the location of re-location and development, routing or re-routing of the transit lines, transportation lines or other facilities of communication.

8657j. Building regulations-Housing conditions.-6. The city plan commission shall have the power and authority to prepare and submit to the city council for its adoption, an ordinance or ordinances regulating the height, area, bulk and use of buildings and the use and intensity of use of land by districts within the city, and the regulation within districts of the area of yards, courts and other open spaces, and classifying, regulating and restricting the location of

trades, callings, industries and commercial enterprises and the location of buildings designed for specified uses, all in the interest of promoting the health, safety, comfort, morals, convenience and general welfare of the community; to make the necessary studies, surveys, maps and charts which it may deem necessary to incorporate in said ordinance or to be used in connection therewith; to make such investigation, studies and reports to the common council on housing conditions in such city as it may from time to time deem necessary, and to accompany such reports with its recommendations thereon; and to perform such other duties as may be delegated to or required of it by such ordinances of the common council with reference to the enforcement thereof.

8657k. Memorials, statuary, etc., in public places.-7. No statuary, memorial, or work of art in a public place, public building, bridge, viaduct, street fixture, street sign, or other public structure and appurtenance, shall be located or erected, nor shall any permit be issued by any department of the city government for the erection or location thereof, until and unless the design and proposed location of any such statuary, memorial, work of art, public building, bridge or other structure enumerated in this section, shall have been submitted to the city plan commission and its recommendations thereon obtained.

86571. Dedication of land to public use, recording.-8. All plans, plats, or re-plats of subdivisions or re-subdivisions of land laid out in lots or plots with the streets, alleys or other portions of the same intended to be dedicated to the public in such city, or within five miles of the limits of such city, shall first be submitted to the city plan commission, and shall be approved by its endorsement thereon before the same shall be received for record or recorded in any public office.

8657m. City officers to furnish copies of records.-9. The city clerk, the city controller and the executive departments of any such city, are authorized to furnish to the city plan commission upon its request a copy of any record, document, ordinance, plat, map, chart or other information which may be in the possession of such department, and which the commission may need for its consideration in connection with its duties; and all such records, documents, ordinances, plats, maps, charts and other information, shall at all times be available for the use of said commission.

8657n. Appropriation and tax levy.-10. The common council of any such city shall, as soon as it shall have passed an ordinance creating a city plan commission, appropriate from the general funds of such city for the payment of the expenses of the city plan commis

sion a sum of money equal to not less than three or more than eight mills on each $100.00 of taxable property in such city as the same appears on the tax duplicate, and annually thereafter a like sum shall be appropriated for such purpose, and such sum of money when so appropriated shall be included in the annual tax levy for general expenses made by such common council of such city. The said commission shall have full, complete and exclusive authority to expend for and on behalf of such city all sums of money thus realized. All gifts, donations or payments whatsoever which are given or paid to such city for city plan purposes shall belong to the general city plan commission fund, to be used by the said city plan commission in the same manner as hereinbefore stated: Provided, That warrants shall be drawn by the controller of such city for such expenditures upon a voucher of such city plan commission, signed by the president or vice-president and secretary. The said commission shall have no power to contract debts beyond the amount of its annual income.

86570. Power of governing commission.-11. In the event any city shall have a governing commission or other body performing legislative functions, then the powers herein granted to the common council with reference to the creating of a city plan commission, its representation thereon, the appropriation of funds, and the levying of taxes therefor, shall be applicable to and is hereby conferred upon such governing commission or other legislative body.

8657p. Repeal.-12. All laws or parts of laws in conflict with the provisions of this act are hereby repealed.

Section 13 of the above act provides that the act be in force and effect from and after its passage.

8658. Appropriations by ordinance.

See note to section 8687.

[Acts 1921, p. 139. In force May 31, 1921.]

8658e. Public health nursing associations.-1. The common council of every city other than cities of the first and fifth classes shall have power to appropriate money out of the public treasury of such city to assist incorporated public health nursing associations, organized and operated not for profit and solely for the promotion of public health and the suppression of disease, in carrying on their work within such city: Provided, That the common council shall not appropriate money out of the public treasury of such city to exceed one cent (1c) on each one hundred dollars ($100) of taxable property of such city.

SEC.

5. SINKING FUND.

8665. Depository, selection, bids.