§ 36-10-6-2 — Establishment of area park district; procedure; powers of board; withdrawal from district

(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 the voter's 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 the member 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
chair 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.
[Pre-Local Government Recodification Citations: subsection
(a) New; subsection (b) formerly 19-7-5.5-1 part; Part new;
subsection (c) formerly 19-7-5.5-1 part; Part new; subsection (d)
formerly 19-7-5.5-2; 19-7-5.5-3(a), (b); subsection (e) formerly
19-7-5.5-3(c); subsection (f) formerly 19-7-5.5-4; subsection (g)
formerly 19-7-5.5-5; subsection (h) formerly 19-7-5.5-6(a), (c);
subsection (i) formerly 19-7-5.5-6(b); subsection (j) formerly
19-7-5.5-7.]
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;
P.L.127-2017, SEC.385.