CHAPTER 3. GENERAL PARK AND RECREATION LAW
IC 36-10-3
Chapter 3. General Park and Recreation Law
IC 36-10-3-1
Application of chapter
Sec. 1. This chapter applies to the following units:
(1) All counties.
(2) All municipalities.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.319, SEC.1; P.L.354-1985, SEC.1; P.L.227-1986, SEC.1;
P.L.157-1991, SEC.2.
IC 36-10-3-2
Definitions
Sec. 2. As used in this chapter:
"Board" refers to a park and recreation board.
"Department" refers to a department of parks and recreation.
"District" means the area within the jurisdiction of a department.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-3
Department of parks and recreation; creation; transfer of property
to park and recreation board
Sec. 3. (a) The fiscal body of a unit may adopt an ordinance
creating a department of parks and recreation and repealing in the
ordinance or resolution prior ordinances or resolutions creating
separate park and recreation authorities. The department consists of
a park and recreation board, a superintendent, and other personnel
that the board determines.
(b) After a board has been created, all books, papers, documents,
and other property of former park and recreation authorities shall be
transferred to and become the property of the board.
As added by Acts 1981, P.L.309, SEC.110. Amended by
P.L.354-1985, SEC.2; P.L.11-1987, SEC.34; P.L.157-1991, SEC.3.
IC 36-10-3-4
Municipal board; membership; ex officio members; additional
members
Sec. 4. (a) A city board consists of four (4) members to be
appointed by the city executive. The members shall be appointed on
the basis of their interest in and knowledge of parks and recreation,
but no more than two (2) members may be affiliated with the same
political party. In addition, the creating ordinance may provide for
one (1) or two (2) ex officio members, those being:
(1) a member of the governing body of the school corporation
selected by that body;
(2) a member of the governing body of the library district
selected by that body; or
(3) both subdivisions (1) and (2).
(b) A town board consists of four (4) members to be appointed by
the town legislative body. The members shall be appointed on the
basis of their interest in and knowledge of parks and recreation.
Except as provided in section 4.1 of this chapter, not more than two
(2) members may be affiliated with the same political party.
Members of the board must be residents of the district. In addition,
the creating ordinance may provide for one (1) or two (2) ex officio
members, those being:
(1) a member:
(A) of the governing body of the school corporation selected
by that body; or
(B) designated by the governing body of the school
corporation;
(2) a member of the governing body of the library district
selected by that body; or
(3) both subdivisions (1) and (2).
(c) A county board shall be appointed as follows:
(1) Two (2) members shall be appointed by the judge of the
circuit court.
(2) One (1) member shall be appointed by the county executive.
(3) Two (2) members shall be appointed by the county fiscal
body.
The members appointed under subdivisions (1), (2), and (3) shall be
appointed on the basis of their interest in and knowledge of parks and
recreation, but no more than one (1) member appointed under
subdivisions (1) and (3) may be affiliated with the same political
party. In a county having at least one (1) first or second class city, the
creating ordinance must provide for one (1) ex officio board member
to be appointed by the executive of that city. The member appointed
by the city executive must be affiliated with a different political party
than the member appointed by the county executive. However, if a
county has more than one (1) such city, the executives of those cities
shall agree on the member. The member serves for a term
coterminous with the term of the appointing executive or executives.
(d) Ex officio members have all the rights of regular members,
including the right to vote. A vacancy in an ex officio position shall
be filled by the appointing authority.
(e) Neither a municipal executive nor a member of a county fiscal
body, county executive, or municipal fiscal body may serve on a
board.
(f) The creating ordinance in any county may provide for:
(1) the county cooperative extension coordinator;
(2) the county extension educator; or
(3) a member of the county extension committee selected by the
committee;
to serve as an ex officio member of the county board, in addition to
the members provided for under subsection (c).
(g) The creating ordinance in a county having no first or second
class cities may provide for a member of the county board to be
selected by the board of supervisors of a soil and water conservation
district in which a facility of the county board is located. The
member selected under this subsection is in addition to the members
provided for under subsections (c) and (f).
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.1; P.L.207-1984, SEC.1; P.L.157-1991, SEC.4;
P.L.40-1993, SEC.68; P.L.271-1993, SEC.1; P.L.2-1995, SEC.138;
P.L.64-1998, SEC.3; P.L.128-2007, SEC.1.
IC 36-10-3-4.1
Town board; waiver of requirements
Sec. 4.1. A town legislative body may, by a majority vote, waive
any or all of the following requirements of a town board member
under section 4(b) of this chapter:
(1) The requirement that a member of the town board be
affiliated with a political party.
(2) The requirement that not more than two (2) of the four (4)
members of the town board be affiliated with the same political
party.
A town legislative body may vote for a waiver only if the waiver is
necessary due to the absence of persons who are willing to serve on
the town board and who satisfy any or all of the requirements.
As added by P.L.128-2007, SEC.2.
IC 36-10-3-5
Board of park and recreation; initial appointments; vacancy
Sec. 5. (a) Initial appointments to a municipal board are as
follows:
(1) One (1) member for a term of one (1) year.
(2) One (1) member for a term of two (2) years.
(3) One (1) member for a term of three (3) years.
(4) One (1) member for a term of four (4) years.
As a term expires, each new appointment is for a four (4) year term.
All terms expire on the first Monday in January, but a member
continues in office until his successor is appointed.
(b) Initial appointments to a county board are as follows:
(1) The circuit court judge's appointments are for one (1) and
three (3) year terms, respectively.
(2) The county executive's appointment is for a two (2) year
term.
(3) The county fiscal body's appointments are for two (2) and
four (4) year terms, respectively.
As a term expires, each new appointment is for a four (4) year term.
All terms expire on the first Monday in January, but a member
continues in office until his successor is appointed.
(c) An appointing authority shall make initial appointments within
ninety (90) days after the creation of the department.
(d) If an appointment for any new term is not made by the first
Monday in April, the incumbent shall serve another term.
(e) In making initial appointments under subsections (a) or (b), an
appointing authority, in order to provide continuity of experience and
programs, shall give special consideration to the appointment of
members from previous park or recreation boards.
(f) If a vacancy on the board occurs, the appointing authority shall
appoint a person to serve for the remainder of the unexpired term.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.2.
IC 36-10-3-6
Board of park and recreation; removal; procedure
Sec. 6. A member may be removed only for cause, upon specific
written charges filed against him. The charges shall be filed with and
heard by the appointing authority, unless the appointing authority is
bringing the charges. If the appointing authority is bringing the
charges, the unit's fiscal body shall appoint a hearing officer. The
person to hear the charges shall fix a date for a public hearing and
give public notice at least ten (10) days in advance of the hearing. At
the hearing the member is entitled to present evidence and argument
and to be represented by counsel.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.3.
IC 36-10-3-7
Board of park and recreation; advisory member
Sec. 7. If a municipality is located in a county having a county
board, the municipal and county boards may each designate a
member to sit with the other board in an advisory capacity.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.4.
IC 36-10-3-8
Board of park and recreation; regular and special meetings;
election of officers; quorum
Sec. 8. (a) All meetings of the board are open to the public. The
board shall fix the time and place of its regular meetings, but it shall
meet at least quarterly.
(b) Special meetings of the board may be called by the president
or by any two (2) members by written request to the secretary. The
secretary shall send to each member, at least two (2) days before a
special meeting, a written notice fixing the time, place, and purpose
of the meeting. Written notice of a special meeting is not required if
the time of the special meeting is fixed at a regular meeting or if all
members are present at the special meeting.
(c) At its first regular meeting each year the board shall elect a
president and a vice president. The vice president may act as
president during the absence or disability of the president. The board
may select a secretary either from within or outside its membership.
(d) A majority of the members constitutes a quorum. Action of the
board is not official unless it is authorized by at least three (3)
members present and acting.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-9
Board of park and recreation; compensation
Sec. 9. (a) The members of the board may receive a salary in an
amount fixed by the fiscal body.
(b) If the board determines that members or employees should
attend a state, regional, or national conference dealing with park and
recreation problems, the board may authorize the payment of the
actual expenses involved in attending the conference. However, the
amount must be available as part of the board's appropriation.
(c) A fiscal body may appropriate and approve a per diem
allowance to a member of a board for attending a meeting of the
board.
(d) The unit shall provide suitable quarters for holding meetings
and conducting the work of the board.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.5; P.L.238-1997, SEC.1.
IC 36-10-3-10
Board of park and recreation; duties
Sec. 10. (a) The board shall:
(1) exercise general supervision of and make rules for the
department;
(2) establish rules governing the use of the park and recreation
facilities by the public;
(3) provide police protection for its property and activities,
either by requesting assistance from state, municipal, or county
police authorities, or by having specified employees deputized
as police officers; the deputized employees, however, are not
eligible for police pension benefits or other emoluments of
police officers;
(4) appoint the necessary administrative officers of the
department and fix their duties;
(5) establish standards and qualifications for the appointment of
all personnel and approve their appointments without regard to
politics;
(6) make recommendations and an annual report to the
executive and fiscal body of the unit concerning the operation
of the board and the status of park and recreation programs in
the district;
(7) prepare and submit an annual budget in the same manner as
other executive departments of the unit; and
(8) appoint a member of the board to serve on another kind of
board or commission, whenever a statute allows a park or
recreation board to do this.
(b) In a municipality, the board shall fix the compensation of
officers and personnel appointed under subsections (a)(4) and (a)(5),
subject to IC 36-4-7-5 and IC 36-4-7-6.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-11
Board of park and recreation; powers
Sec. 11. (a) The board may:
(1) enter into contracts and leases for facilities and services;
(2) contract with persons for joint use of facilities for the
operation of park and recreation programs and related services;
(3) contract with another board, a unit, or a school corporation
for the use of park and recreation facilities or services, and a
township or school corporation may contract with the board for
the use of park and recreation facilities or services;
(4) acquire and dispose of real and personal property, either
within or outside Indiana;
(5) exercise the power of eminent domain under statutes
available to municipalities;
(6) sell, lease, or enter into a royalty contract for the natural or
mineral resources of land that it owns, the money received to be
deposited in a nonreverting capital fund of the board;
(7) engage in self-supporting activities as prescribed by section
22 of this chapter;
(8) contract for special and temporary services and for
professional assistance;
(9) delegate authority to perform ministerial acts in all cases
except where final action of the board is necessary;
(10) prepare, publish, and distribute reports and other materials
relating to activities authorized by this chapter;
(11) sue and be sued collectively by its legal name, as the
"__________ (unit's name) Park and Recreation Board", with
service of process being had upon the president of the board,
but costs may not be taxed against the board or its members in
any action;
(12) invoke any legal, equitable, or special remedy for the
enforcement of this chapter, a park or recreation ordinance, or
the board's own action taken under either; and
(13) release and transfer, by resolution, a part of the area over
which it has jurisdiction for park and recreational purposes to
park authorities of another unit for park and recreational
purposes upon petition of the park or recreation board of the
acquiring unit.
(b) The board may also lease any buildings or grounds belonging
to the unit and located within a park to a person for a period not to
exceed fifty (50) years. The lease may authorize the lessee to provide
upon the premises educational, research, veterinary, or other proper
facilities for the exhibition of wild or domestic animals in wildlife
parks, dining facilities, swimming facilities, golf courses, skating
facilities, dancing facilities, amusement rides generally found in
amusement parks, or other recreational facilities. A lease may be
made for more than one (1) year only to the highest and best bidder,
after notice that the lease will be made has been given by publication
in accordance with IC 5-3-1.
(c) Notwithstanding subsection (b), the board may lease buildings
or grounds belonging to the unit for a period of more than one (1)
year without soliciting the highest and best bidder or providing
notice under IC 5-3-1 if:
(1) the buildings or grounds are leased to an Indiana nonprofit
corporation;
(2) the buildings or grounds are operated as a public golf
course; and
(3) the golf course remains subject to rules and regulations
promulgated by the board.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.6; P.L.228-1986, SEC.1; P.L.35-1990, SEC.72;
P.L.328-1995, SEC.1.
IC 36-10-3-12
Board of park and recreation; public or private sale of personal
property declared to be surplus
Sec. 12. The board may sell, or order sold through a designated
representative, by public or private sale, any personal property that
the board has declared to be surplus at a regular or special meeting
and has declared to have an aggregate appraised value of five
thousand dollars ($5,000) or less. Whenever the board decides to sell
at a private sale, the board must employ a qualified appraiser to
determine a reasonable selling price for each kind of surplus item and
must publish, in the manner provided in IC 5-3-1:
(1) the fact that a private sale will be held;
(2) the location of the sale;
(3) the dates of the beginning and end of the sale;
(4) the time of day during which the sale will take place;
(5) the kinds of items to be sold at the sale; and
(6) the price of each kind of item, which may not be less than
the reasonable selling price determined by the qualified
appraiser.
If the board decides to sell at a public sale, the board shall conduct
the sale in the manner provided by law for the unit.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-13
Superintendent of parks and recreation; appointment;
qualifications; incumbents
Sec. 13. (a) This subsection applies to counties and towns. The
board may appoint a superintendent of parks and recreation. The
board may not consider political affiliation in the selection of the
superintendent.
(b) This subsection applies to cities. If a superintendent of parks
and recreation is appointed, the superintendent shall be appointed
under IC 36-4-9-2 without considering political affiliation.
(c) If there is more than one (1) superintendent of any park or
recreation department involved at the time the creating ordinance is
adopted, the board may appoint only one (1) superintendent for the
new department.
(d) The superintendent must:
(1) be qualified by training or experience in the field of parks
and recreation; or
(2) have a certification or an advanced degree in the field of
parks and recreation.
(e) An incumbent performing park and recreation functions in a
supervisory capacity at the time a unit adopts a creating ordinance
under this chapter is eligible for appointment as superintendent or as
an assistant, but he must have the required training, experience, or
certification.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.7; P.L.157-1991, SEC.5.
IC 36-10-3-14
Superintendent of parks and recreation; duties
Sec. 14. Under the direction of the board, the superintendent shall:
(1) propose annually a plan for the operation of the department;
(2) administer the plan as approved by the board;
(3) supervise the general administration of the department;
(4) keep the records of the department and preserve all papers
and documents of the department;
(5) recommend persons for appointment as assistants if the
board determines there is a need;
(6) appoint the employees of the department, subject to the
approval of the board, according to the standards and
qualifications fixed by the board and without regard to political
affiliation;
(7) prepare and present to the board an annual report; and
(8) perform other duties that the board directs.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-15
Assistant superintendent of parks and recreation; appointment;
qualifications; duties
Sec. 15. (a) If the board determines that the size of the
department's operation requires assistants for the superintendent, the
board may appoint, upon the recommendation of the superintendent,
one (1) or more assistants. The board shall determine their
qualifications on a basis similar to that prescribed for the
superintendent.
(b) Assistants are directly responsible to the superintendent and
shall perform the duties specified by the superintendent.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-16
Officers' and employees' bonds and crime policies
Sec. 16. (a) Every officer and employee who handles money in the
performance of duties as prescribed by this chapter shall execute an
official bond for the term of office or employment before entering
upon the duties of the office or employment.
(b) The fiscal body of the unit may under IC 5-4-1-18 authorize
the purchase of a blanket bond or crime insurance policy endorsed to
include faithful performance to cover all officers' and employees'
faithful performance of duties. The amount of the bond or crime
insurance policy shall be fixed by the fiscal body and, in the case of
a municipality, must be approved by the executive.
(c) All official bonds shall be filed and recorded in the office of
the county recorder of the county in which the department is located.
(d) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section.
As added by Acts 1981, P.L.309, SEC.110. Amended by
P.L.201-1988, SEC.1; P.L.49-1995, SEC.12.
IC 36-10-3-17
Advisory council and special committees; composition; selection;
duties; reports
Sec. 17. (a) The board may create an advisory council and special
committees composed of citizens interested in parks and recreation.
(b) In selecting an advisory council or special committees, the
board shall give consideration to the groups in the community
particularly interested in parks and recreation. In a resolution
creating an advisory council or a special committee, the board shall
specify the terms of its members and the purposes for which it is
created.
(c) The advisory council or a special committee shall:
(1) study the subjects and problems specified by the board and
recommend to the board additional problems in need of study;
(2) advise the board concerning these subjects, particularly as
they relate to different areas and groups in the community; and
(3) upon the invitation of the board, sit with and participate in
the deliberations of the board, but without the right to vote.
(d) The advisory council or a special committee shall report only
to the board and shall make inquiries and reports only in those areas
specified by the board's resolution creating the council or committee.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-18
Gifts, donations, and subsidies; approval; disposition
Sec. 18. (a) The board may accept gifts, donations, and subsidies
for park and recreational purposes. However, a gift or transfer of
property to the board may not be made without its approval.
(b) A gift or grant of money shall be deposited in a special
nonreverting fund to be available for expenditure by the board for
purposes specified by the grantor. The disbursing officer of the unit
may draw warrants against the fund only upon vouchers signed by
the president and secretary of the board.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.8.
IC 36-10-3-19
Special taxing district for purposes of levying special benefit taxes;
determination of revenues necessary for expenditures not covered
by issuance of bonds
Sec. 19. (a) The territory within the boundaries of the unit
comprises a special taxing district for the purpose of levying special
benefit taxes for park and recreational purposes as provided in this
chapter.
(b) The fiscal body of the unit shall determine and provide the
revenues necessary for the operation of the department or for capital
expenditures not covered by the issuance of bonds by:
(1) a specific levy to be used exclusively for these purposes;
(2) a special appropriation; or
(3) both of these methods.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-20
Special nonreverting capital fund; purposes; withdrawals
Sec. 20. (a) Upon the request of the board, the fiscal body of the
unit may establish, by ordinance, a special nonreverting capital fund
for the purposes of acquiring land or making specific capital
improvements. The fiscal body may include in the board's annual
budget an item and an appropriation for these specific purposes.
(b) Money placed in the nonreverting capital fund may not be
withdrawn except for the purposes for which the fund was created,
unless the fiscal body repeals the ordinance. The fiscal body may not
repeal the ordinance under suspension of the rules.
As added by Acts 1981, P.L.309, SEC.110. Amended by
P.L.358-1987, SEC.1.
IC 36-10-3-21
Cumulative building fund; establishment; levy of tax; collection of
tax
Sec. 21. (a) The board may establish a cumulative building fund
under IC 6-1.1-41 to provide money for:
(1) building, remodeling, and repair of park and recreation
facilities; or
(2) purchase of land for park and recreation purposes.
In addition to the requirements of IC 6-1.1-41, before a fund may be
established, the proposed action must be approved by the fiscal body
of the unit.
(b) To provide for the cumulative building fund, the unit's fiscal
body may levy a tax in compliance with IC 6-1.1-41 not to exceed
one and sixty-seven hundredths cents ($0.0167) on each one hundred
dollars ($100) of assessed valuation of taxable property within the
unit.
(c) The tax shall be collected and held in a special fund known as
the unit's park and recreation cumulative building fund.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.45, SEC.93; P.L.358-1987, SEC.2; P.L.17-1995, SEC.42;
P.L.6-1997, SEC.231.
IC 36-10-3-22
Fees for particular activities; special funds; deposits; withdrawals
Sec. 22. (a) Park and recreation facilities and programs shall be
made available to the public free of charge as far as possible.
However, if it is necessary in order to provide a particular activity,
the board may charge a reasonable fee.
(b) The unit's fiscal body may establish by ordinance, upon
request of the board:
(1) a special nonreverting operating fund for park purposes
from which expenditures may be made as provided by
ordinance, either by appropriation by the board or by the unit's
fiscal body; or
(2) a special nonreverting capital fund for the purpose of
acquiring land or making specific capital improvements from
which expenditures may be made by appropriation by the unit's
fiscal body.
The unit's fiscal body shall designate the fund or funds into which the
unit's fiscal officer (or county treasurer) shall deposit fees from golf
courses, swimming pools, skating rinks, or other major facilities
requiring major expenditures for management and maintenance.
Money received from fees other than from major facilities or
received from the sale of surplus property shall be deposited by the
unit's fiscal officer (or county treasurer) either in the special
nonreverting operating fund or in the nonreverting capital fund, as
directed by the board. However, if neither fund has been established,
money received from fees or from the sale of surplus property shall
be deposited in the unit's general fund. Money from either special
fund may be disbursed only on approved claims allowed and signed
by the president and secretary of the board.
(c) Money placed in the special nonreverting capital fund may not
be withdrawn except for the purposes for which the fund was
created, unless the fiscal body repeals the ordinance establishing the
fund. The fiscal body may not repeal the ordinance under suspension
of the rules.
(d) Money procured from fees or received from the sale of surplus
property under section 12 of this chapter shall be deposited at least
once each month with the fiscal officer of the unit.
As added by Acts 1981, P.L.309, SEC.110. Amended by
P.L.372-1983, SEC.1.
IC 36-10-3-23
Acquisition of real property; resolution; improvements; notice;
option or contract; appraisal; hearing
Sec. 23. (a) This section applies only to:
(1) the acquisition of real property; or
(2) a work of improvement;
that will be financed by the issuance of bonds.
(b) If the board decides to:
(1) acquire land for any of the purposes prescribed in this
chapter, either by purchase or by appropriation, and in
conjunction with the acquisition to proceed with a work of
improvement authorized by this chapter;
(2) acquire real property without proceeding at the time with a
work of improvement; or
(3) proceed with a work of improvement where the real
property has been already secured;
it shall adopt a resolution stating the purpose, describing the land to
be acquired, the manner of acquisition, and, in the case of an
appropriation, the other land that may be injuriously affected, or
describing the lands already acquired and intended to be used in
connection with the proposed work of improvement.
(c) If a work of improvement is provided for in the resolution, the
board shall have preliminary plans and specifications and an estimate
of the cost of the proposed work prepared by the engineer selected
to do the work. The resolution must be open to inspection by all
persons interested in or affected by the appropriation of land or the
construction of the work. The board shall have notice of the
resolution and its contents published in accordance with IC 5-3-1.
The notice must state a date on which the board will receive or hear
remonstrances from persons interested in or affected by the
proceedings and on which it will determine the public utility and
benefit.
(d) Notice shall be sent by certified mail to each owner of land to
be appropriated under the resolution, using the owner's address as
shown on the tax duplicates. In addition, notice of the land to be
appropriated shall be published in accordance with IC 5-3-1. All
persons affected in any manner by the proceedings, including all
taxpayers in the district, are considered notified of the pendency of
the proceedings and of all subsequent acts, hearings, adjournments,
and orders of the board by the original notice by publication.
(e) In the resolution and notice, separate descriptions of each
piece or parcel of land are not required, but it is a sufficient
description of the property purchased, to be purchased, or to be
appropriated or damaged to give a description of the entire tract by
a platted description or by metes and bounds, whether the land is
composed of one (1) or more lots or parcels and whether it is owned
by one (1) or more persons. If the land or a part of it is to be acquired
by purchase, the resolution must also state the maximum proposed
cost.
(f) The board may, at any time before the adoption of the
resolution:
(1) obtain from the owner or owners of the land an option for its
purchase; or
(2) enter into a contract for its purchase upon the terms and
conditions that the board considers best.
The option or contract is subject to the final action of the board
confirming, modifying, or rescinding the resolution and to the
condition that the land may be paid for only out of the special fund
resulting from the sale of bonds as provided by this chapter.
(g) If the board decides to acquire any lots or parcels of land by
purchase, the board shall appoint two (2) qualified appraisers to
appraise the fair market value of the land. Each appraiser must be
professionally engaged in making appraisals or be trained as an
appraiser and licensed as a broker under IC 25-34.1. The appraisers
may not be interested directly or indirectly in any land that is to be
acquired under the resolution or that may be injured or incur local
benefits. The appraisers shall take an oath that they have no interest
in the matter and that they will honestly and impartially make the
valuation. The appraisers shall return the appraisers' separate
appraisals to the board not more than thirty (30) days after the date
of their appointment. The appraisals shall be filed with and become
a part of the record of the proceeding.
(h) The board may not take an option on the land or enter into a
contract to purchase it at a price greater than the average of the two
(2) appraisals received under subsection (g). The title to land to be
acquired under the resolution, whether by purchase or appropriation,
does not vest until the land is paid for out of the special fund
established by the sale of bonds as provided in this chapter. Any
indebtedness or obligation of any kind incurred by the board due to
the acquisition of land or to construction work shall be paid out of
the funds under the control of the board and is not an indebtedness
or obligation of the unit.
(i) At the time fixed for the hearing, or at any time before the
hearing, an owner of land to be appropriated under the resolution or
injuriously affected or a person owning real or personal property
located in the district may file a written remonstrance with the
secretary of the board.
(j) At the hearing, which may be adjourned from time to time, the
board shall hear all persons interested in the proceedings and all
remonstrances that have been filed. After considering the evidence,
the board shall take final action determining the public utility and
benefit of the proposed project by confirming, modifying, or
rescinding the resolution. The final action shall be recorded and is
final and conclusive upon all persons.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.320, SEC.9; P.L.170-2003, SEC.18.
IC 36-10-3-24
Bonds; purpose; denominations; interest exempt from taxation;
limitations
Sec. 24. (a) In order to raise money to pay for land to be acquired
for any of the purposes named in this chapter, to pay for an
improvement authorized by this chapter, or both, and in anticipation
of the special benefit tax to be levied as provided in this chapter, the
board shall cause to be issued, in the name of the unit, the bonds of
the district. The bonds may not exceed in amount the total cost of all
land to be acquired and all improvements described in the resolution,
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 a
work. The expenses to be covered in the bond issue include all
expenses of every kind actually incurred preliminary to acquiring the
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 necessary expenses. If more than one
(1) resolution or proceeding of the board under section 23 of this
chapter is confirmed whereby different parcels of land are to be
acquired, or more than one (1) contract for work is let by the board
at approximately the same time, the cost involved under all of the
resolutions and proceedings may be included in one (1) issue of
bonds.
(b) The bonds may be issued in any denomination not less than
one thousand dollars ($1,000) each, in not less than five (5) nor more
than forty (40) annual series. The bonds are payable one (1) series
each year, beginning at a date after the receipt of taxes from a levy
made for that purpose. The bonds are negotiable. The bonds may
bear interest at any rate, payable semiannually. After adopting a
resolution ordering bonds, the board shall certify a copy of the
resolution to the unit's fiscal officer. The fiscal officer shall prepare
the bonds, and the unit's executive shall execute them, attested by the
fiscal officer.
(c) The bonds and the interest on them are exempt from taxation
as prescribed by IC 6-8-5-1. Bonds issued under this section are
subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to:
(1) the filing of a petition requesting the issuance of bonds;
(2) the right of:
(A) taxpayers and voters to remonstrate against the issuance
of bonds in the case of a proposed bond issue described by
IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a
proposed bond issue described by IC 6-1.1-20-3.5(a);
(3) the appropriation of the proceeds of the bonds and approval
by the department of local government finance; and
(4) the sale of bonds at public sale for not less than their par
value.
(d) The board may not have bonds of the district issued under this
section that are payable by special taxation when the total issue for
that purpose, including the bonds already issued or to be issued,
exceeds two percent (2%) of the adjusted value of the taxable
property in the district as determined under IC 36-1-15. All bonds or
obligations issued in violation of this subsection are void. The bonds
are not obligations or indebtedness of the unit, but constitute an
indebtedness of the district as a special taxing district. The bonds and
interest are payable only out of a special tax levied upon all the
property of the district as prescribed by this chapter. The bonds must
recite the terms upon their face, together with the purposes for which
they are issued.
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.6-1997,
SEC.232; P.L.90-2002, SEC.517; P.L.219-2007, SEC.144;
P.L.146-2008, SEC.793.
IC 36-10-3-25
Bonds; notice; hearing; ordinance approving issue
Sec. 25. (a) Before bonds may be issued under section 23 of this
chapter, the board shall give notice of a public hearing to disclose the
purposes for which the bond issue is proposed, the amount of the
proposed issue, and all other pertinent data.
(b) The board shall have published in accordance with IC 5-3-1 a
notice of the time, place, and purposes of the hearing.
(c) After the public hearing and before additional proceedings on
the bond issues, the board must obtain an ordinance approving the
bond issue from the unit's fiscal body.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.45, SEC.94.
IC 36-10-3-26
Bonds; disposition of proceeds
Sec. 26. All proceeds from the sale of bonds issued under section
24 of this chapter shall be kept in a separate fund. The fund shall be
used to pay for land and other property acquired and for the
construction of a work under the resolution, including all costs and
expenses incurred in connection with the project. The fund may not
be used for any other purpose. The fund shall be deposited as
provided in this chapter. A surplus remaining from the proceeds of
the bonds after all costs and expenses are paid shall be paid into and
becomes a part of the park district bond fund.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-27
Levy of special tax on real and personal property; park district
bond fund
Sec. 27. (a) In order to raise money to pay all bonds issued under
section 24 of this chapter, the board shall levy annually a special tax
upon all of the real and personal property located in the district
sufficient to pay the principal of the bonds as they mature, including
accrued interest. The board shall have the tax to be levied each year
certified to the auditor of the county in which the district is located
at the time for certification of tax levies. The tax shall be collected
and enforced by the county treasurer in the same manner as other
taxes are collected and enforced.
(b) As the tax is collected, it shall be accumulated and kept in a
separate fund to be known as the park district bond fund. The tax
shall be applied to the payment of the district bonds and interest as
they mature and may not be used for another purpose.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-28
Primary obligation on bond
Sec. 28. If a board or district is discontinued under section 3 of
this chapter, the primary obligation on its bonds is not affected, and
the unit assumes liability for the payment of the bonds according to
their terms.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-29
Joint department of parks and recreation; creation; eligibility;
agreement; amendments
Sec. 29. (a) Two (2) or more units may create a joint department
of parks and recreation.
(b) Only a unit that has by ordinance created a department under
this chapter is eligible to participate in the creation of a joint
department.
(c) The boards of the units that desire to create a joint department
must agree upon the use of facilities, personnel, the distribution and
raising of financial support, and other matters. The agreement may
provide:
(1) for a joint district and joint board to supersede the separate
districts and boards; or
(2) that the separate districts and boards be maintained.
After agreement has been reached, the fiscal body of each unit must
adopt an ordinance approving the terms of the agreement before the
agreement becomes final. The ordinances may not be passed under
suspension of the rules.
(d) Failure of one (1) of the units to adopt the ordinance within
ninety (90) days after the agreement has been reached voids the
arrangement for all parties. However, the remaining parties may
proceed with a new agreement.
(e) Amendments to an agreement may be made by adoption of an
ordinance by the fiscal body of each unit.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-30
Joint board of parks and recreation; organization and function;
powers and duties; executive committee, membership, authority,
and limitations
Sec. 30. (a) A joint board shall be organized and shall function in
the same manner as a separate board. The joint board consists of all
the members of the separate boards. Two-thirds (2/3) of the members
constitute a quorum, and official action must be authorized by
two-thirds (2/3) of the members. The joint board has all of the
powers and duties of a separate board under this chapter, including
the authority to issue bonds of the joint district.
(b) The joint board may create an executive committee composed
of an equal number of members from each participating unit. The
executive committee has all of the authority and limitations of the
joint board, except that official action by the executive committee
must be authorized by each member of the committee. In addition, an
executive committee member may demand that an issue be submitted
to the joint board.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-31
Joint board of parks and recreation; budget request; disposition of
money appropriated
Sec. 31. (a) The joint board shall determine its total budget
request. The members of each participating unit shall present to their
fiscal body the total budget and shall state the amount chargeable to
their unit by the terms of the agreement and ordinance. If their fiscal
body does not appropriate an amount sufficient to meet the unit's
proportionate share, the joint board may:
(1) reduce the expenditures attributable to that unit; or
(2) treat the reduced appropriation as a repudiation of the
agreement and terminate the relationship according to section
32 of this chapter.
(b) Money appropriated by the participating units shall be
deposited in a joint park and recreation board fund in the custody of
the fiscal officer of the participating unit making the largest
appropriation to the fund. Money may be withdrawn from the fund
only upon vouchers signed by the president and secretary of the joint
board.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-32
Joint board of parks and recreation; withdrawal of participating
unit; termination; distribution of money remaining in fund;
continuation of obligation
Sec. 32. (a) A participating unit may withdraw from a joint
department at the end of a fiscal year by repealing its adopting
ordinance and filing a copy of the repealing ordinance with the other
participating units.
(b) The joint board may by resolution terminate the participation
of a unit when the unit does not contribute its proportion of the total
budget agreed upon in the original agreement and ordinance. The
termination occurs at the end of the fiscal year in which the joint
board makes its finding.
(c) At the conclusion of the fiscal year in which a withdrawal or
termination occurs, the joint board shall equitably distribute to
participating units all money remaining in the fund.
(d) A withdrawal does not alter the obligation of the units and the
joint board to continue to levy and collect special benefit taxes to
provide debt service on all outstanding bonds of the joint district.
(e) If a unit has appropriated money for payment to a joint board
that has been discontinued, the money shall be placed in the fund of
the board of that unit. If the separate board no longer exists, the
money shall be deposited in the general fund of the unit.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-33
Extension of service to unincorporated area; request; petition
Sec. 33. (a) A request to a municipality to extend park and
recreation service to the unincorporated area of a township in which
the municipality is located or in a township adjacent to the township
in which the municipality is located may be made by at least the
number of registered voters required under IC 3-8-6-3 to place a
candidate on the ballot in that area or township and who reside in
that area or township, unless the area is already located within
another park district.
(b) The request must be made by petition to the board of the
municipality and must:
(1) state the reasons for the need of service;
(2) specify the unincorporated area or township to be served;
and
(3) include the signatures and addresses of the petitioners.
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.12-1995,
SEC.132.
IC 36-10-3-34
Extension of service to unincorporated area; public hearing;
notice; approval or rejection; joint board
Sec. 34. (a) The board shall fix a date for a public hearing on each
petition filed under section 33 of this chapter. The board shall
publish in accordance with IC 5-3-1 a notice of the time, place, and
purpose of the hearing. The cost of the notice shall be paid by the
petitioners.
(b) After the public hearing has been held, the board may by
resolution approve the petition and recommend an ordinance
accomplishing its objectives to the municipal fiscal body. The
secretary or a member of the board shall present the petition and
ordinance to the fiscal body at its first meeting after approval of the
petition. However, if the board rejects the petition, it may not be
presented to the fiscal body.
(c) If the board involved is a joint board, the petition must also be
approved by the members from the municipality involved, and then
the petition and ordinance shall be presented to the fiscal body of the
municipality involved.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.45, SEC.95.
IC 36-10-3-35
Extension of service to unincorporated area; approval of petition
and adoption of ordinance; election; notice; ballot; cost and
expense of election
Sec. 35. (a) If the fiscal body approves the petition and adopts the
ordinance presented under section 34 of this chapter, the ordinance
takes effect.
(b) After the adoption of the ordinance, the fiscal body shall
certify the question under IC 3-10-9-3 to the county election board
of the county containing the greatest percentage of population of the
municipality and fix a date for a special election to be held not later
than ninety (90) days after adoption. However, if a primary, general,
or municipal election will be conducted in each precinct in the
affected area not later than six (6) months after the ordinance is
adopted, the special election shall be conducted on the same day as
the primary, general, or special election. The election shall be held
by the county election board in the area described in the petition.
IC 3-10-8-6 applies to the special election. Any voter residing in the
affected area may vote in the election.
(c) The county election board shall give public notice of the
special election in accordance with IC 3-10-2-2.
(d) The ballot must be in the form prescribed by IC 3-10-9-4 and
must state "Shall park and recreation services be extended?".
(e) If the special election is not conducted at a general election,
municipal election, or primary election, the fiscal body shall
appropriate a sum sufficient to defray the cost of the ballots and to
pay the expense of the election as prescribed by IC 3. The
appropriation may be from the general fund or by transfer from the
operating budget of the department.
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981,
P.L.45, SEC.96; P.L.3-1987, SEC.568; P.L.3-1993, SEC.280;
P.L.3-1997, SEC.471.
IC 36-10-3-36
Extension of service to unincorporated area; area to become part
of district; appointment of member to board; application of
chapter
Sec. 36. (a) If a majority of those voting in a special election vote
under section 35 of this chapter for the extension of park and
recreation services, then at the beginning of the next fiscal year the
area becomes part of the district of the department.
(b) At the time the area becomes part of the district, the circuit
judge of the county shall appoint a member from the area to the
board. The member shall be appointed with the same qualifications
and for the same term as other members and has the same powers and
duties. If the petition of more than one (1) area is approved, the
circuit judge shall make the selection of members so as to maintain
the bipartisan character of the board as far as possible. As each
additional member is appointed, the quorum of the board is increased
by one (1).
(c) The board has the same powers and duties to provide park and
recreation service to the area as it has for the municipality, and this
chapter applies as fully to the area to which service is extended as it
applies to a municipality. However, the board need not provide
service to the area before revenues from the area are available.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-37
Extension of service to unincorporated area; property subject to
levy; certification of rate; review; issuance of bond
Sec. 37. (a) After a favorable special election under section 35 of
this chapter, all property in the area to which service is extended is
subject to the same levy for park and recreational purposes as other
property within the district. After determining the levy for park and
recreational purposes, the fiscal body of the municipality shall certify
the rate to be applied to the area in the same manner as all other
municipal levies are certified. In reviewing the park and recreation
levy, all reviewing authorities shall treat the levy on the district
property as a single levy so that the ultimate rate of tax for park and
recreation purposes on all property in the district is identical.
(b) The authority of the board to issue bonds under sections 23
through 28 of this chapter includes all property in the area to which
service is extended, but bonds may not be issued upon property in the
area to which service is extended that do not obligate other property
in the district to the same degree. After determining the levy for the
park district bond fund, the board shall certify the rate to be applied
to the area in the same manner as the rate to be applied to property
in the municipality.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-38
Application of section; annexed territory; levy for park and
recreational purposes
Sec. 38. (a) This section applies in a county having a population
of more than three hundred thousand (300,000) but less than four
hundred thousand (400,000).
(b) This section applies only if a municipality annexes territory
that is part of a district under this chapter.
(c) Any annexed territory that is in the district before the effective
date of the annexation ordinance remains a part of the district, and
the property in the annexed territory is subject to the same levy for
park and recreational purposes as other property within the district.
The annexing municipality may not impose an additional levy on the
property in the annexed territory for park and recreational purposes.
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.56-1988,
SEC.15; P.L.12-1992, SEC.190.
IC 36-10-3-39
Application of section; discharge of firearm or shooting of arrow
with bow, Class B misdemeanor; hunting, firearm sport, or
archery area
Sec. 39. (a) This section applies only to parks within the
jurisdiction of a county board.
(b) A person who knowingly discharges a firearm or shoots an
arrow with a bow into or inside a park commits a Class B
misdemeanor.
(c) This section does not apply to an area that the board designates
as a hunting, firearm sport, or archery area.
As added by Acts 1981, P.L.309, SEC.110.
IC 36-10-3-40
Issuance of bonds payable from county innkeeper's tax
Sec. 40. As an alternative to issuing bonds under section 24 of this
chapter, the board may issue bonds payable from the county
innkeeper's tax. The issuance of the bonds must be initiated by a
resolution of the commission established by IC 6-9-7-2,
recommending the issuance of the bonds and their purpose. Bonds
that are payable from the innkeeper's tax imposed under IC 6-9-7
must be retired before August 1, 1999.
As added by P.L.74-1986, SEC.7. Amended by P.L.85-1993, SEC.5.
IC 36-10-3-41
Approval of bond issuance by county council; reduction of
innkeeper's tax rate
Sec. 41. The bonds may not be issued until they have been
approved by the county council. After the county council has
approved the issuance of the bonds, the county council may not
reduce the innkeeper's tax rate below a rate that would produce one
and twenty-five hundredths (1.25) times the highest annual debt
service on the bonds to their final maturity, based on an average of
the immediately preceding three (3) years tax collections, if the tax
has been levied for the last preceding three (3) years. If the tax has
not been levied for the last preceding three (3) years, the county
council may not reduce the rate below a rate which would produce
one and twenty-five hundredths (1.25) times the highest debt service,
based upon a study by a qualified public accountant or financial
advisor.
As added by P.L.74-1986, SEC.8.
IC 36-10-3-42
Hearing; appropriation of proceeds; sale
Sec. 42. (a) The board shall hold a hearing as required by section
25 of this chapter. The board shall appropriate the proceeds of the
bonds as required by law for special taxing district bonds.
(b) IC 6-1.1-20-1, IC 6-1.1-20-2, and IC 6-1.1-20-5 apply to the
issuance of the bonds.
(c) The bonds may be sold at public sale in accordance with
IC 5-1-11 or may be sold at a negotiated sale.
As added by P.L.74-1986, SEC.9. Amended by P.L.25-1995, SEC.92.
IC 36-10-3-43
Certification of debt service schedule; time for retirement of bonds
Sec. 43. After the sale of the bonds the secretary of the board shall
certify to the county auditor a debt service schedule for the bonds.
The schedule must provide that bonds that are payable from the
innkeeper's tax imposed under IC 6-9-7 are retired before August 1,
1999.
As added by P.L.74-1986, SEC.10. Amended by P.L.85-1993, SEC.6.
IC 36-10-3-44
Lease or contracts for performance of historical pageants and
admissions and maintenance of facilities
Sec. 44. The board may enter into a lease or contracts with
not-for-profit corporations providing detailed terms and conditions
for:
(1) the performance of historical pageants and entertainments;
and
(2) the charging of admissions and maintenance of the facilities.
The contract must not