IC 36-10-6
    Chapter 6. Miscellaneous County Park Provisions

IC 36-10-6-1
Application of chapter
    Sec. 1. This chapter applies to the counties indicated in eachsection.
As added by Acts 1981, P.L.309, SEC.113.

IC 36-10-6-2
Establishment of area park district; procedure; powers of board;withdrawal from district
    Sec. 2. (a) This section applies to all counties.
    (b) As used in this section, "board" refers to an area park boardestablished under this chapter.
    (c) As used in this section, "district" refers to an area park districtestablished under this chapter.
    (d) Two (2) or more counties may establish an area park districtfor the purposes of establishing, owning, maintaining, andcontrolling one (1) or more public parks for the use and benefit of theresidents of those counties. To establish a district, the legislativebody of each county desiring to join shall adopt substantiallyidentical ordinances indicating this intention. Before the ordinancestake effect, they must be published in their respective counties inaccordance with IC 5-3-1. Within ten (10) days after the publicationof the ordinance, the auditor of each county shall file a certified copyof the ordinance with the auditor of each of the other countiesinvolved. When the ordinances have been adopted and filed by allthe counties joining, the district is considered established. All of theterritory of the counties joining comprises the district.
    (e) Within ten (10) days after the publication of the ordinance, anyregistered voter may notify the legislative body of his intent to file aremonstrance petition. Within sixty (60) days after this notice,petitions for and against the county's joining in the proposed districtmay be filed with the legislative body. The petitions must be signedand acknowledged by registered voters of the county. The petitionthat 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 tothe area park board. Each county may appoint one (1) member to theboard. In addition, each county may appoint an additional memberfor each fifty thousand (50,000) residents or fraction thereof of thatcounty's population. Each member must be a resident of the countyfrom which he is appointed, and at least one (1) member from eachcounty must be an elected official of that county. Members serve forterms of four (4) years and may be reappointed. Vacancies shall befilled by the appointing authority for the unexpired term of thevacating member.
    (g) The board shall meet within thirty (30) days after theappointment of all members. Notice of the meeting shall be given by

the auditor of the county that passed the first ordinance to establishthe district. At the meeting the board shall elect one (1) of itsmembers chairman and one (1) secretary and shall adopt rules oforder that it considers necessary. The board shall then meet at timesand places that it determines. Members serve on the board withoutcompensation. However, all members except the elected officialmembers are entitled to receive a per diem and mileage for timespent in the performance of their duties.
    (h) Except as provided in subsection (i), the board has all of thepowers of a board under IC 36-10-3 except the power of eminentdomain.
    (i) The board may levy a tax for the establishment, purchase,maintenance, and control of the parks established and controlled bythe board, but the tax may not exceed one and sixty-seven hundredthscents ($0.0167) for each one hundred dollars ($100) of assessedvaluation of property in the district. When the board determines therate of the levy, the board shall certify it to each county auditor. Thelevy shall then be placed upon the tax duplicate of each county in thedistrict, and the tax shall be collected in the same manner as othertaxes are collected. All money received for the district shall be paidinto the treasury of the county with the greatest population. Themoney shall be deposited and kept as other public funds aredeposited and kept, and interest earned on the money shall becredited to the area park fund. Money may be paid out by thetreasurer 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 withdrawfrom a district, the date of withdrawal must be effective on January1 of a year at least one (1) year after the date upon which the countyvoted to withdraw.
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.

IC 36-10-6-3
Reserved

IC 36-10-6-4
Reserved

IC 36-10-6-5
Repealed
    (Repealed by Acts 1982, P.L.6, SEC.30.)

IC 36-10-6-6
Repealed
    (Repealed by Acts 1982, P.L.6, SEC.32.)