§ 36-10-3-11 — Board of park and recreation; powers

Indiana § 36-10-3-11

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 3: General Park and Recreation Law

Text

(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.
[Pre-Local Government Recodification Citations: 19-7-4-21
part; 19-7-4-44; 19-7-4-70.]
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.