§ 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

Indiana § 36-10-7-5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 7: Miscellaneous Township Recreation Provisions

Text

(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) and 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
chair 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 chair 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 chair 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 chair 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.
[Pre-Local Government Recodification Citations: subsection
(a) New; subsection (b) formerly 17-4-40-1; subsection (c) formerly
17-4-40-2; subsection (d) formerly 17-4-40-3; subsection (e)
formerly 17-4-40-4; subsection (f) formerly 17-4-40-5; subsection
(g) formerly 17-4-40-6; subsection (h) formerly 17-4-40-7.]
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; P.L.127-2017, SEC.386; P.L.11-2023,
SEC.133.