§ 36-10-5-2 — Designation and powers and duties of park authority in certain municipalities; powers of municipality; tax levy; borrowing and issuance of bonds; deposit of funds

Indiana § 36-10-5-2

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 5: Miscellaneous Municipal Park Provisions

Text

(a) This section applies to:
(1) third class cities and towns, unless otherwise provided by law;
and
(2) each second class city that:
(A) adopted second class city status by ordinance under IC 36-4-1-1.1, as a result of the 2010 federal decennial census; and
(B) has adopted all or part of this section by ordinance or
resolution.
(b) As used in this section, "park authority" means:
(1) the municipal legislative body; or
(2) any of the following designated by the legislative body as the
park authority:
(A) The governing body of the school corporation.
(B) A recreation board.
(C) The municipal works board.
(D) Any other appropriate board or commission.
(c) If a recreation board is established under subsection (b)(2)(B),
it must consist of five (5) resident freeholders appointed by the city
executive or the town legislative body. At least one (1) member must
be a member of the governing body of the school corporation and no
members may serve on the municipal legislative body. All members
must be qualified by an interest in and knowledge of the social and
educational value of recreation. The members serve without
compensation. The members shall be appointed for four (4) year terms
from January 1 of the year of their appointment or until their successors
are appointed. The initial terms of board members, however, are as
follows:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) for terms of four (4) years.
A vacancy shall be filled by the appointing authority for the remainder
of the unexpired term.
(d) The park authority shall manage all public parks, including
approaches, that belong to the municipality.
(e) If a municipality decides, by ordinance, to establish, lay out, or
improve a public park or grounds, or to make an extension of a park or
grounds, it may locate the park or grounds, including appurtenances,
and it may lay out and open the public ways necessary for the
improvement. If it is necessary to acquire land, water rights, or
easements, or a pool, lake, or natural stream of water, the park authority
may condemn that property and take possession of it if it is located
within the corporate boundaries of the municipality. Before the park
authority condemns the property, it shall assess the damages to the
owners of the property at a meeting of the authority. Additional
condemnation proceedings are the same as those provided for the
taking of property to open streets.
(f) The park authority may adopt rules concerning the laying out,
improvement, preservation, ornamentation, and management of parks.
The park authority shall allow monuments or buildings for libraries,
works of art, or historical collections to be erected in a park, as long as
they are under the control of the persons in charge of the park and no
inclosure separates them from the rest of the park.
(g) The legislative body of the municipality may also levy a tax on
all taxable property in the municipality to pay for park property and for
its improvement. The legislative body may also borrow money and
issue the bonds of the municipality at any rate of interest payable
annually or semiannually and may sell them for at least par value. The
money derived from the sale of bonds may be used only for the
purchase or improvement of parks. The legislative body shall annually
levy a tax sufficient to pay the interest on the debt on all taxable
property in the municipality to create a sinking fund for the liquidation
of the principal of the debt.
(h) If the park authority of a city decides to lease any buildings or
grounds belonging to the city and located in a public park when they
are not required for public use, the proceeds shall be deposited with the
city fiscal officer to the credit of park funds and devoted to the
improvement of public parks.
(i) Any nonreverting fund that was created under IC 19-7-6 (before
its repeal on September 1, 1981) continues until abolished by ordinance
of the municipal legislative body. The legislative body may include in
the park authority's annual budget an item and an appropriation for the
specific purposes of a nonreverting capital fund. Money put in the fund
may not be withdrawn except for the purposes for which the fund was
created, unless the legislative body repeals the ordinance creating the
fund. The repeal may not be made under suspension of the rules.
Money procured from fees shall be deposited at least once each month
with the municipal fiscal officer. The fiscal officer shall deposit the
money either in a special nonreverting operating fund or in the
nonreverting capital fund as directed by the park authority. The
legislative body may provide by ordinance that expenditures may be
made from the special nonreverting operating fund without
appropriation. Money from fees procured from golf courses, swimming
pools, skating rinks, or other similar facilities requiring major
expenditures for management and maintenance may not be deposited
in this fund. Money from either fund shall be disbursed only on
approved claims that are allowed and signed in the same manner as
other claims of the municipality are allowed and signed.
[Pre-Local Government Recodification Citations: subsection
(a) New; subsection (b) formerly 18-1-9-1 part; 18-1-22-1 part;
subsection (c) formerly 18-1-9-1 part; subsection (d) formerly
18-1-22-1 part; subsection (e) formerly 18-1-22-2 part; subsection
(f) formerly 18-1-22-2 part; subsection (g) formerly
19-7-40-1.]
As added by Acts 1981, P.L.309, SEC.112. Amended by Acts
1981, P.L.320, SEC.19; P.L.3-1990, SEC.142; P.L.119-2012, SEC.238;
P.L.277-2019, SEC.17.