CHAPTER 7. MISCELLANEOUS TOWNSHIP RECREATION PROVISIONS
IC 36-10-7
Chapter 7. Miscellaneous Township Recreation Provisions
IC 36-10-7-1
Application of chapter
Sec. 1. This chapter applies to the townships indicated in each
section.
As added by Acts 1981, P.L.309, SEC.114.
IC 36-10-7-2
Townships except those in county having consolidated city;
establishment of community center or recreational land area;
bonds; maintenance
Sec. 2. (a) This section applies to all townships except those in a
county having a consolidated city.
(b) The township executive may, upon petition of at least
twenty-five (25) resident freeholders and approval of the township
legislative body, purchase or improve suitable land or purchase,
construct, reconstruct, renovate, remodel, or improve room space,
buildings, or equipment for:
(1) a township community center for civic, social, recreation, or
other township purposes; or
(2) a township recreational land area.
(c) A township may issue general obligation bonds for the
purposes set forth in subsection (b) in the manner provided by
IC 36-10-3 for the issue of bonds under that chapter.
(d) Money for the purposes set forth in subsection (b) must be
appropriated as provided by statute from funds belonging to the
township or from the proceeds of a general obligation bond.
(e) The executive may operate and maintain the community center
or recreational land area. A property tax levy may be imposed as
provided by statute for the cost of all or part of the operation and
maintenance expense incurred under this section.
(f) The executive may rent to others all or part of the community
center or recreational land area when it is not needed for township
purposes. The money received for rent shall be used to pay
maintenance and utility expenses of the community center or
recreational land area.
As added by Acts 1981, P.L.309, SEC.114. Amended by
P.L.354-1985, SEC.3; P.L.157-1991, SEC.8.
IC 36-10-7-3
Townships; programs, facilities, or services; tax levy;
appropriation
Sec. 3. (a) This section applies to all townships.
(b) The township executive may:
(1) levy a tax; and
(2) use appropriated township funds;
to pay for recreation programs, facilities (including a community
center used for recreational purposes), or services.
As added by Acts 1981, P.L.309, SEC.114. Amended by
P.L.354-1985, SEC.4; P.L.157-1991, SEC.9.
IC 36-10-7-4
Certain townships; public park or playground; management;
records; violation
Sec. 4. (a) This section applies to each township:
(1) in a county having a consolidated city; or
(2) containing a second class city within its boundaries that is
not a county seat.
(b) If there is a public park or playground in the township under
the jurisdiction of the township, the township executive shall manage
the park or playground. The executive shall keep complete records
of the management and all related transactions, including receipts
such as fees, concessions, licenses, permits, and sales. The receipts
shall be credited to the general fund of the township.
(c) An executive who violates this section commits a Class C
infraction.
As added by Acts 1981, P.L.309, SEC.114.
IC 36-10-7-5
Acquisition of land for park purposes in certain townships;
procedure; establishment, maintenance, and improvement of
parks; issuance of bonds; tax levy; park and recreation fund; fees;
appointment and duties of parks superintendent
Sec. 5. (a) This section applies to a township having a population
of more than one hundred fifty thousand (150,000) located in a
county having a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000).
(b) The township executive may purchase, accept by grant, devise,
bequest, or other conveyance, or otherwise acquire land for park
purposes within the township, either inside or outside the corporate
boundaries of a municipality, and may make necessary
improvements.
(c) If the executive does not purchase, accept, or acquire land
within the township for park purposes or make necessary
improvements, two hundred (200) resident taxpayers and voters of
the township may petition the executive and the legislative body in
writing to:
(1) purchase, accept, or otherwise acquire the land described in
the petition so that a township park may be established under
this section; or
(2) make the improvements designated in the petition.
The petition must be addressed to the executive and legislative body
and bear the signatures and addresses of the petitioners in ink,
acknowledged before a notary public. After the petition is filed in the
office of the executive, the executive shall have notice of the filing
published in accordance with IC 5-3-1. The notice must name a date
at least sixty (60) days after the date of the last publication on which
the executive and legislative body will hear and consider the petition.
The notice constitutes notice of the proceedings to all taxpayers
within the township, whether resident or nonresident.
(d) At the hearing the executive and legislative body shall hear
and consider all remonstrances, whether written and signed in ink or
from a resident of the township upon the question of whether the
land should be purchased, accepted, or acquired by the township and
a township park established, maintained, and improved. After the
hearing, the executive and legislative body shall approve the petition
unless twenty percent (20%) of the resident taxpayers of the
township remonstrate in writing by filing their remonstrance on or
before the day fixed for the hearing. In that case the executive and
legislative body shall dismiss the petition.
(e) If land has been acquired for park purposes, the executive shall
establish a park. After it is established, the executive shall provide
for necessary improvements and construct facilities for the comfort
and convenience of the public in the township park. Except as
otherwise provided, all expenses incurred shall be paid out of the
park and recreation fund of the township.
(f) If a park or parkland is acquired by a township under this
section and the expense of the acquisition or of the development and
improvement of the park is too great to be borne by the park and
recreation fund of the township, the legislative body may authorize
its chairman to issue the bonds of the township to procure money for
these purposes. However, the total bonded indebtedness of the
township for park purposes may not exceed one million dollars
($1,000,000). Upon special notice of the chairman in writing to each
member of the legislative body stating the time, place, and purpose
of the meeting, the legislative body may determine whether to issue
the bonds of the township to pay the cost of acquiring, developing,
or improving the park or parkland. If the legislative body determines
that it is of public benefit to issue the bonds of the township, the
legislative body, by a special order entered and signed upon the
record, may authorize its chairman to issue the bonds of the
township. The bonds may run for a period not to exceed ten (10)
years, may bear interest at any rate, and may be sold for not less than
their par value. Before issuing the bonds, the chairman shall publish
notice of their sale in accordance with IC 5-3-1. The notice must
state the amount of bonds offered, the denomination, the period to
run, the rate of interest, and the date, place, and hour of sale. The
legislative body shall attend the sale and must concur before bonds
are sold.
(g) The legislative body shall annually levy a sufficient tax to pay
at least one-tenth (1/10) of the amount of the bonds, together with the
accrued interest, each year, and the legislative body shall apply the
annual tax to the payment of the bonds and interest each year. The
tax levy is in addition to all other tax levies authorized by statute. A
tax levy authorized by this section shall be levied and collected on all
property within the boundaries of the township, including
municipalities.
(h) There is established a special nonreverting operating fund for
park purposes to be known as the park and recreation fund.
Appropriations may be made from the fund by the township's
legislative body for park purposes only. The cost of the maintenance
and improvement of the park shall be paid out of the park and
recreation fund of the township, and the legislative body shall
increase the levy of the fund each year by an amount sufficient to
provide the money to maintain the park.
(i) Money in the form of fees procured from golf courses,
swimming pools, skating rinks, clubhouses, social centers, or other
similar facilities requiring major expenditures for maintenance and
improvement shall be deposited in the park and recreation fund and
shall be appropriated by the township legislative body either in the
annual budget or by additional appropriation in the manner as set out
in IC 6-1.1-18-5.
(j) The executive shall appoint a superintendent of parks. Said
appointment shall be made within thirty (30) days of a vacancy in the
position of superintendent of parks. If the executive fails to make
said appointment within the prescribed period, the legislative body
shall have the power to make said appointment. Political affiliation
may not be considered in the selection of the superintendent. The
superintendent must:
(1) be qualified by training or experience in the field of parks
and recreation; and
(2) have a certificate or an advanced degree in the field of parks
and recreation.
(k) The superintendent must do the following:
(1) Propose annually to the executive a plan for the operation of
the park.
(2) Administer the plan as approved by the executive.
(3) Supervise the general maintenance of the park.
(4) Keep the records of the park and preserve all papers and
documents of the park.
(5) Keep accurate records of park income and expenditures in
the manner prescribed by the state board of accounts.
(6) Appoint and discharge employees of the park without regard
to political affiliation.
(7) Prepare and present to the executive an annual report.
(8) Perform other duties that the executive directs.
(l) The executive shall execute an employment contract with the
superintendent that must contain the terms and conditions of the
superintendent's employment.
As added by Acts 1981, P.L.309, SEC.114. Amended by Acts 1982,
P.L.6, SEC.29; Acts 1982, P.L.1, SEC.69; P.L.207-1984, SEC.2;
P.L.355-1985, SEC.1; P.L.157-1991, SEC.10; P.L.12-1992,
SEC.194; P.L.170-2002, SEC.175.
IC 36-10-7-6
Townships containing a town and having a population of at least
8,500; acquisition, improvement, maintenance, and disposal of land
for park purposes; procedure; issuance of bonds; tax levy;
employment of needy persons
Sec. 6. (a) This section applies to all townships having a
population of at least eight thousand five hundred (8,500) that
contain a town.
(b) The township executive may do the following in relation to
township parks:
(1) Purchase, acquire by eminent domain, accept by grant,
devise, bequest, or other conveyance, or otherwise acquire land
within the township for park purposes.
(2) Make necessary improvements on the land.
(3) Maintain and operate the land.
(4) Dispose of all or part of the land that is unnecessary for the
park or park purposes.
(c) If the executive decides to acquire land for park purposes
under this section, the following procedures apply:
(1) A resolution to that effect shall be adopted by the legislative
body and shall be entered upon the minutes of the legislative
body. The resolution must be signed by the members of the
legislative body and by the executive.
(2) Upon a petition signed in ink by at least one hundred (100)
resident taxpayers and freeholders of the township, the
executive shall, after the adoption of the resolution, fix a day
not less than fifteen (15) nor more than twenty (20) days after
adoption during which time remonstrances may be filed with
the executive against the resolution.
(3) The executive shall give notice by publication of the
resolution and of the time limits for filing remonstrances in
accordance with IC 5-3-1.
(4) Remonstrances must be signed in ink and shall be filed not
later than the day fixed for the expiration of the time for filing
remonstrances in the notices.
(5) If the number of signers of remonstrances exceeds the
number of signers who have signed the original petition,
determined by the same qualifications, the executive may give
notice, in accordance with IC 5-3-1, of a date by which time a
supplementary petition containing the names of qualified
signers in addition to the names signed to the first petition may
be filed asking for acquisition.
(6) A supplemental petition must be signed in ink by signers
having the same qualifications as required for the original
petition.
(7) If, after the expiration of the period for filing a supplemental
petition, it is determined that the number of qualified signers to
the original petition and the supplemental petition exceeds the
number of signers to the remonstrance, the executive may
proceed with the acquisition of land and the improvement and
operation of it.
(8) If the number signing the remonstrance is greater than the
number signing the original and supplemental petition, then the
township may not proceed with the improvement.
However, the remonstrance does not prevent the acquisition of land
or inhibit the power of the executive to acquire parkland unless at
least twenty percent (20%) of the resident freeholders who are also
legal voters, execute the remonstrance. Only the executive and the
legislative body may determine the sufficiency of a petition or
remonstrance and the qualifications of a signer. These matters are
subject to review only for fraud.
(d) The executive may acquire any property, land, privilege,
immunities, or other species of interest reasonably necessary for the
park or for the purpose of improving, maintaining, or operating it.
The executive may sue in the name of the township for the
condemnation of any property, land, privilege, immunities, or other
species of interest in accordance with statutes available to municipal
corporations for condemnation.
(e) To provide money for any of the purposes of this section, the
legislative body may authorize the executive to issue the bonds of the
township. However, the total bonds issued and outstanding at any
time for such purposes may not exceed ninety thousand dollars
($90,000). The bonds may bear interest at any rate, may be made
payable semiannually, shall be sold for at least their par value, and
run for a period of not less than ten (10) nor more than twenty (20)
years. Parts of the total issue may be sold from time to time as the
executive determines. After the authorization of the bonds, the
executive shall, in accordance with IC 5-3-1, publish notice of that
part of the bonds that will be sold at that time. The notice must state
the amount of bonds offered, the denomination, the period to run, the
rate of interest, and the date, place, and hour of sale. No part of the
bonds may be sold except after notice.
(f) The legislative body shall levy annually a sufficient tax to pay
at least the principal and interest of bonds that will mature in the
following year, and the executive shall apply the tax to the payment
of bonds and interest. The tax levy is in addition to other tax levies.
The tax shall be levied and collected on all property within the
boundaries of the township, including municipalities. The cost of the
care, upkeep, repair, maintenance, and improvement of the park shall
be paid out of the general fund of the township, and the legislative
body shall increase the levy of the fund each year by an amount
sufficient to provide the money to maintain the park.
(g) The executive shall direct the expenditure of the money raised
by the bond issue to save money that otherwise would be expended
for township assistance. The executive may offer persons who are
able-bodied and capable of work the opportunity to work upon the
park improvement. If a person refuses without good excuse, the
executive shall consider the refusal prima facie evidence that the
person is not entitled to township assistance.
As added by Acts 1981, P.L.309, SEC.114. Amended by Acts 1982,
P.L.6, SEC.31; P.L.157-1991, SEC.11; P.L.73-2005, SEC.175.
IC 36-10-7-7
Acquisition and maintenance of grounds and structures by certain
townships for use as public parks; public park fund
Sec. 7. (a) This section applies to all townships having a
population between two thousand (2,000) and three thousand
(3,000).
(b) The township executive may accept, acquire, and maintain
grounds and structures to be used as public parks upon petition of at
least fifty-one percent (51%) of the resident taxpayers of the
township.
(c) Whenever a park has been established in the township, the
legislative body shall, at its annual meeting and annually each
following year, levy a tax not exceeding one and sixty-seven
hundredths cents ($0.0167) on each one hundred dollars ($100) of
taxable property in the township. The money shall be set aside in a
public park fund to be used by the executive for the maintenance and
improvement of the park and for no other purpose.
As added by Acts 1981, P.L.309, SEC.114. Amended by
P.L.157-1991, SEC.12; P.L.6-1997, SEC.235.
IC 36-10-7-8
Acquisition of land for park purposes by certain townships;
improvements; maintenance; bonds; levy of taxes
Sec. 8. (a) This section applies to all townships having a
population of less than two thousand (2,000).
(b) The township executive may lease, purchase, accept by grant,
devise, bequest, or other conveyance to the township, or otherwise
acquire land for park purposes and may make necessary
improvements only as provided by this section.
(c) The legislative body may establish a township park and may,
by resolution, appropriate from the general fund of the township the
necessary money to lease, purchase, accept, or otherwise acquire
land for park purposes or make improvements thereon. The executive
shall then lease, purchase, accept, or acquire the land for park
purposes or shall make improvements thereon as directed in the
resolution. However, the costs of the park grounds or of the
improvements provided for in the resolution may not exceed in one
(1) year one-fifth of one percent (0.2%) of the adjusted value of all
taxable property of the township as determined under IC 36-1-15.
(d) If a park has been established under this section, the executive
shall have the park maintained and may make improvements and
construct and maintain facilities for the comfort and convenience of
the public. However, the executive annually may not spend more
than one cent ($0.01) on each one hundred dollars ($100) of assessed
valuation of taxable property in the township as it appears on the tax
duplicates of the auditor of the county in which the township is
located. The money shall be paid from the general fund of the
township.
(e) If the general fund of the township is insufficient to meet the
expenses of acquiring or improving the land for park purposes, the
executive shall call a special meeting of the legislative body by
written notice to each member of the legislative body at least three
(3) days before the date of the meeting. The notice must state the
time, place, and purpose of the meeting. The legislative body shall
meet and determine whether an emergency exists for the issuance of
the warrants or bonds of the township. The legislative body shall, by
resolution, authorize the issuance and sale of the warrants or bonds
of the township in an amount not exceeding two percent (2%) of the
adjusted value of all taxable property in the township as determined
under IC 36-1-15. The amount of bonds may not exceed the total
estimated cost of all land to be acquired and all improvements
described in the resolution, including all expenses necessarily
incurred in connection with the proceedings. The proceeds from the
sale of the bonds shall be deposited in the general fund of the
township. The bonds become due and payable not less than two (2)
nor more than ten (10) years after the date of issuance, may bear
interest at any rate, and may not be sold for less than par value. The
bonds shall be sold after giving notice of the sale of bonds in
accordance with IC 5-3-1. The bonds and the interest thereon are
exempt from taxation as provided by IC 6-8-5 and are subject to the
provisions of IC 6-1.1-20 relating to the filing of a petition requesting
the issuance of bonds, the appropriation of the proceeds of the bonds,
and the approval by the department of local government finance.
(f) The legislative body shall, at its next annual meeting after
authorization of bonds and annually each following year, levy a
sufficient tax against all the taxable property of the township to pay
the principal of the bonds, together with accruing interest, as they
become due. The executive shall apply the money received from the
levy only to the payment of bonds and interest as they become due.
(g) In addition to the levy required by subsection (f), the
legislative body shall, when a park has been established under this
section and at every annual meeting after establishment, levy a tax
not exceeding one cent ($0.01) on each one hundred dollars ($100)
of taxable property in the township. The levy required by this
subsection shall be used by the executive for the maintenance and
improvement of the park. The executive may not expend more for
maintenance and improvement of the park than the amount collected
by the levy except:
(1) upon petition by fifty-one percent (51%) of the taxpayers of
the township; or
(2) when warrants or bonds are to be issued under this section
to finance the expenses of improvements.
The amount received from the levy shall be deposited in the general
fund of the township.
(h) A park established under this section shall be kept open to the
public in accordance with rules prescribed by the executive.
(i) If the executive determines that land or other property used for
park purposes under this section should be disposed of and that the
park should no longer be maintained, the executive shall appoint
three (3) disinterested appraisers to appraise the property. The
property shall then be disposed of either at public or private sale for
at least its appraised value.
(j) This subsection applies if the township sells the property by
acceptance of bids. A bid submitted by a trust (as defined in
IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
(k) All money from the sale of park property, less the expenses
incurred in making the appraisal and sale, shall be paid into the
general fund of the township.
As added by Acts 1981, P.L.309, SEC.114. Amended by
P.L.373-1983, SEC.1; P.L.208-1984, SEC.1; P.L.336-1989(ss),
SEC.55; P.L.157-1991, SEC.13; P.L.6-1997, SEC.236; P.L.90-2002,
SEC.518.
IC 36-10-7-9
Membership of department and board of parks and recreation of
certain townships
Sec. 9. (a) This section applies to the township having the largest
population in a county having a population of:
(1) more than seventy-three thousand (73,000) but less than
seventy-four thousand (74,000); or
(2) more than one hundred eighty thousand (180,000) but less
than one hundred eighty-two thousand seven hundred ninety
(182,790).
(b) Notwithstanding IC 36-10-7.5-5, the department of parks and
recreation of a township described in subsection (a) consists of four
(4) members appointed by the township executive on the basis of the
members' interest in and knowledge of parks and recreation. The
members of a board governed by this section may include any of the
following:
(1) The township executive.
(2) One (1) or more members of the township board.
(3) Any other persons residing in the township.
As added by P.L.157-1991, SEC.14. Amended by P.L.12-1992,
SEC.195; P.L.271-1993, SEC.2; P.L.170-2002, SEC.176.