CHAPTER 5. MISCELLANEOUS MUNICIPAL PARK PROVISIONS
IC 36-10-5
Chapter 5. Miscellaneous Municipal Park Provisions
IC 36-10-5-1
Application of chapter
Sec. 1. This chapter applies to the municipalities indicated in eachsection.
As added by Acts 1981, P.L.309, SEC.112.
IC 36-10-5-2
Municipalities having populations less than 35,000; designationand powers and duties of park authority; powers of municipality;tax levy; borrowing and issuance of bonds; deposit of funds
Sec. 2. (a) This section applies to municipalities having apopulation of less than thirty-five thousand (35,000), unlessotherwise provided by law.
(b) As used in this section, "park authority" means the municipallegislative body. However, the legislative body may designate thegoverning body of the school corporation, a recreation board, themunicipal works board, or any other appropriate board orcommission as the park authority.
(c) If a recreation board is established under subsection (b), itmust consist of five (5) resident freeholders appointed by the cityexecutive or the town legislative body. At least one (1) member mustbe a member of the governing body of the school corporation and nomembers may serve on the municipal legislative body. All membersmust be qualified by an interest in and knowledge of the social andeducational value of recreation. The members serve withoutcompensation. The members shall be appointed for four (4) yearterms from January 1 of the year of their appointment or until theirsuccessors 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 theremainder of the unexpired term.
(d) The park authority shall manage all public parks, includingapproaches, 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 apark or grounds, it may locate the park or grounds, includingappurtenances, and it may lay out and open the public waysnecessary 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 ofit if it is located within five (5) miles of the municipality. Before thepark authority condemns the property, it shall assess the damages tothe owners of the property at a meeting of the authority. Additional
condemnation proceedings are the same as those provided for thetaking of property to open streets.
(f) The park authority may adopt rules concerning the laying out,improvement, preservation, ornamentation, and management ofparks. The park authority shall allow monuments or buildings forlibraries, works of art, or historical collections to be erected in apark, as long as they are under the control of the persons in charge ofthe park and no inclosure separates them from the rest of the park.
(g) The legislative body of the municipality may also levy a tax onall taxable property in the municipality to pay for park property andfor its improvement. The legislative body may also borrow moneyand issue the bonds of the municipality at any rate of interest payableannually or semiannually and may sell them for at least par value.The money derived from the sale of bonds may be used only for thepurchase or improvement of parks. The legislative body shallannually levy a tax sufficient to pay the interest on the debt on alltaxable property in the municipality to create a sinking fund for theliquidation of the principal of the debt.
(h) If the park authority of a city decides to lease any buildings orgrounds belonging to the city and located in a public park when theyare not required for public use, the proceeds shall be deposited withthe city fiscal officer to the credit of park funds and devoted to theimprovement 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 byordinance of the municipal legislative body. The legislative bodymay include in the park authority's annual budget an item and anappropriation for the specific purposes of a nonreverting capitalfund. Money put in the fund may not be withdrawn except for thepurposes for which the fund was created, unless the legislative bodyrepeals the ordinance creating the fund. The repeal may not be madeunder suspension of the rules. Money procured from fees shall bedeposited at least once each month with the municipal fiscal officer.The fiscal officer shall deposit the money either in a specialnonreverting operating fund or in the nonreverting capital fund asdirected by the park authority. The legislative body may provide byordinance that expenditures may be made from the specialnonreverting operating fund without appropriation. Money from feesprocured from golf courses, swimming pools, skating rinks, or othersimilar facilities requiring major expenditures for management andmaintenance may not be deposited in this fund. Money from eitherfund shall be disbursed only on approved claims that are allowed andsigned in the same manner as other claims of the municipality areallowed and signed.
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.
IC 36-10-5-3
Municipalities except consolidated cities; recreational facilities andprograms; issuance of bonds or appropriations; revenue bonds Sec. 3. (a) This section applies to all municipalities exceptconsolidated cities.
(b) If a municipality decides to acquire, construct, develop,improve, and operate recreational facilities and programs for parkpurposes, it may issue the bonds of the municipality to pay the costof acquisition, development, and improvement, subject to statutesconcerning the issuance of bonds and the making of appropriationsby municipalities.
(c) As an alternative method of financing the cost of acquisition,development, and improvement, the municipality may issue revenuebonds. The revenue bonds are not obligations of the municipalitywithin the meaning of constitutional limitations, but are payablesolely from the income and revenues of the recreational facilities andprograms for park purposes for which they are issued. If the proceedsof the bonds are used to acquire land, the payment of the bonds maybe secured by a pledge of the land. Statutes concerning the issuanceof revenue bonds by municipalities to construct, acquire, extend, orimprove waterworks apply, as far as applicable, to revenue bondsissued under this section regarding the authorization, issuance, sale,character, and immunities of the bonds and the rights, privileges, andpowers of the bondholders. However, neither a petition nor anelection is required in these proceedings. If statutes authorizing theissuance of waterworks revenue bonds contain different provisionsregarding procedure or the rights and remedies of bondholders, theordinance authorizing the issuance of revenue bonds under thissection must set out the particular procedure that the municipallegislative body has adopted and the rights and remedies given to thebondholders.
As added by Acts 1981, P.L.309, SEC.112. Amended byP.L.157-1991, SEC.6.
IC 36-10-5-4
Municipalities having populations less than 20,000; sale ofparkland and minerals and mineral rights; disposition of saleproceeds; transfer of sale proceeds to school corporation; notice;hearing
Sec. 4. (a) This section applies to municipalities having apopulation of less than twenty thousand (20,000).
(b) If the legislative body of a municipality decides to sell theparkland, a part of it, the minerals, mineral rights, or royalties forminerals under the parkland, or part of them, the legislative bodymay do so upon passing an ordinance for that purpose providing forthe manner and terms of the sale. The legislative body may plat theland by laying it off into lots and public ways, and then selling thelots, after passing an ordinance to that effect or including it in theoriginal ordinance. However, the land may not be sold until it isappraised as required in cities for the conveyance of property. Ifthere is a board of park commissioners in a city, the legislative bodyshall proceed only upon a resolution of the board filed with thelegislative body. (c) The proceeds derived from the sale of parkland or fromminerals, mineral rights, or royalties for minerals under parklandshall be expended for:
(1) the improvement of the remaining parkland of themunicipality;
(2) the purchase of other land for park purposes;
(3) the purchase, improvement, equipment, or maintenance ofplaygrounds, swimming pools, comfort stations, or recreationstations in the municipality; or
(4) a combination of these purposes.
In addition, money may be used for these purposes if it is derived inpart from another source or under another statute.
(d) The legislative body of the municipality may transfer theproceeds or a part of them derived from the sale of parkland orminerals, mineral rights, or royalties for minerals under parkland tothe school corporation of the municipality. The proceeds shall beused by the school corporation for providing, equipping, andmaintaining playgrounds, swimming pools, comfort stations, orrecreation stations, whether they are on school grounds, used inconnection with school grounds or school buildings, or on separategrounds. Before proceeds may be transferred to the schoolcorporation for any of these purposes, the legislative body must passan ordinance providing for the transfer of the proceeds and for whatpurposes they may be used.
(e) Before final passage of the ordinance for the platting or saleof land by a town, notice of a hearing on the ordinance shall be givenin accordance with IC 5-3-1. At the hearing any citizen of the townmay appear and present objections to the ordinance and the sale ofthe land. If a remonstrance signed by twenty-five percent (25%) ofthe legal voters in the town is filed in the office of the town clerkwithin the time limits prescribed in the ordinance, the ordinance maynot be passed or the land sold.
As added by Acts 1981, P.L.309, SEC.112. Amended by Acts 1981,P.L.45, SEC.101.
IC 36-10-5-5
Municipal boards in certain municipalities
Sec. 5. (a) This section applies to a municipality that:
(1) has a population of more than twenty-five thousand(25,000); and
(2) is located in a county having a population of more than onehundred eighty thousand (180,000) but less than one hundredeighty-two thousand seven hundred ninety (182,790).
(b) A municipal board consists of four (4) members appointed bythe executive of the municipality. A member shall be appointed onthe basis of the member's interest in and knowledge of parks andrecreation. The members may include the executive of themunicipality and one (1) or more members of the municipal fiscalbody. The ordinance creating a municipal board governed by thissection may provide for one (1) or two (2) ex officio members.As added by P.L.157-1991, SEC.7. Amended by P.L.12-1992,SEC.193; P.L.170-2002, SEC.174.