CHAPTER 6. MISCELLANEOUS COUNTY PARK PROVISIONS
IC 36-10-6
Chapter 6. Miscellaneous County Park Provisions
IC 36-10-6-1
Application of chapter
Sec. 1. This chapter applies to the counties indicated in each
section.
As added by Acts 1981, P.L.309, SEC.113.
IC 36-10-6-2
Establishment of area park district; procedure; powers of board;
withdrawal from district
Sec. 2. (a) This section applies to all counties.
(b) As used in this section, "board" refers to an area park board
established under this chapter.
(c) As used in this section, "district" refers to an area park district
established under this chapter.
(d) Two (2) or more counties may establish an area park district
for the purposes of establishing, owning, maintaining, and
controlling one (1) or more public parks for the use and benefit of the
residents of those counties. To establish a district, the legislative
body of each county desiring to join shall adopt substantially
identical ordinances indicating this intention. Before the ordinances
take effect, they must be published in their respective counties in
accordance with IC 5-3-1. Within ten (10) days after the publication
of the ordinance, the auditor of each county shall file a certified copy
of the ordinance with the auditor of each of the other counties
involved. When the ordinances have been adopted and filed by all
the counties joining, the district is considered established. All of the
territory of the counties joining comprises the district.
(e) Within ten (10) days after the publication of the ordinance, any
registered voter may notify the legislative body of his intent to file a
remonstrance petition. Within sixty (60) days after this notice,
petitions for and against the county's joining in the proposed district
may be filed with the legislative body. The petitions must be signed
and acknowledged by registered voters of the county. The petition
that contains the greater number of signatures prevails.
(f) Within thirty (30) days after the establishment of the district,
the legislative body of each county joining shall appoint members to
the area park board. Each county may appoint one (1) member to the
board. In addition, each county may appoint an additional member
for each fifty thousand (50,000) residents or fraction thereof of that
county's population. Each member must be a resident of the county
from which he is appointed, and at least one (1) member from each
county must be an elected official of that county. Members serve for
terms of four (4) years and may be reappointed. Vacancies shall be
filled by the appointing authority for the unexpired term of the
vacating member.
(g) The board shall meet within thirty (30) days after the
appointment of all members. Notice of the meeting shall be given by
the auditor of the county that passed the first ordinance to establish
the district. At the meeting the board shall elect one (1) of its
members chairman and one (1) secretary and shall adopt rules of
order that it considers necessary. The board shall then meet at times
and places that it determines. Members serve on the board without
compensation. However, all members except the elected official
members are entitled to receive a per diem and mileage for time
spent in the performance of their duties.
(h) Except as provided in subsection (i), the board has all of the
powers of a board under IC 36-10-3 except the power of eminent
domain.
(i) The board may levy a tax for the establishment, purchase,
maintenance, and control of the parks established and controlled by
the board, but the tax may not exceed one and sixty-seven hundredths
cents ($0.0167) for each one hundred dollars ($100) of assessed
valuation of property in the district. When the board determines the
rate of the levy, the board shall certify it to each county auditor. The
levy shall then be placed upon the tax duplicate of each county in the
district, and the tax shall be collected in the same manner as other
taxes are collected. All money received for the district shall be paid
into the treasury of the county with the greatest population. The
money shall be deposited and kept as other public funds are
deposited and kept, and interest earned on the money shall be
credited to the area park fund. Money may be paid out by the
treasurer only upon the written order of the board.
(j) A county may withdraw from a district only upon a two-thirds
(2/3) vote of its legislative body. If a county decides to withdraw
from a district, the date of withdrawal must be effective on January
1 of a year at least one (1) year after the date upon which the county
voted to withdraw.
As added by Acts 1981, P.L.309, SEC.113. Amended by Acts 1981,
P.L.45, SEC.102; P.L.213-1986, SEC.10; P.L.6-1997, SEC.234.
IC 36-10-6-3
Reserved
IC 36-10-6-4
Reserved
IC 36-10-6-5
Repealed
(Repealed by Acts 1982, P.L.6, SEC.30.)
IC 36-10-6-6
Repealed
(Repealed by Acts 1982, P.L.6, SEC.32.)