CHAPTER 7. MISCELLANEOUS TOWNSHIP RECREATION PROVISIONS
IC 36-10-7
Chapter 7. Miscellaneous Township Recreation Provisions
IC 36-10-7-1
Application of chapter
Sec. 1. This chapter applies to the townships indicated in eachsection.
As added by Acts 1981, P.L.309, SEC.114.
IC 36-10-7-2
Townships except those in county having consolidated city;establishment of community center or recreational land area;bonds; maintenance
Sec. 2. (a) This section applies to all townships except those in acounty having a consolidated city.
(b) The township executive may, upon petition of at leasttwenty-five (25) resident freeholders and approval of the townshiplegislative body, purchase or improve suitable land or purchase,construct, reconstruct, renovate, remodel, or improve room space,buildings, or equipment for:
(1) a township community center for civic, social, recreation, orother township purposes; or
(2) a township recreational land area.
(c) A township may issue general obligation bonds for thepurposes set forth in subsection (b) in the manner provided byIC 36-10-3 for the issue of bonds under that chapter.
(d) Money for the purposes set forth in subsection (b) must beappropriated as provided by statute from funds belonging to thetownship or from the proceeds of a general obligation bond.
(e) The executive may operate and maintain the community centeror recreational land area. A property tax levy may be imposed asprovided by statute for the cost of all or part of the operation andmaintenance expense incurred under this section.
(f) The executive may rent to others all or part of the communitycenter or recreational land area when it is not needed for townshippurposes. The money received for rent shall be used to paymaintenance and utility expenses of the community center orrecreational land area.
As added by Acts 1981, P.L.309, SEC.114. Amended byP.L.354-1985, SEC.3; P.L.157-1991, SEC.8.
IC 36-10-7-3
Townships; programs, facilities, or services; tax levy;appropriation
Sec. 3. (a) This section applies to all townships.
(b) The township executive may:
(1) levy a tax; and
(2) use appropriated township funds;
to pay for recreation programs, facilities (including a communitycenter used for recreational purposes), or services.As added by Acts 1981, P.L.309, SEC.114. Amended byP.L.354-1985, SEC.4; P.L.157-1991, SEC.9.
IC 36-10-7-4
Certain townships; public park or playground; management;records; violation
Sec. 4. (a) This section applies to each township:
(1) in a county having a consolidated city; or
(2) containing a second class city within its boundaries that isnot a county seat.
(b) If there is a public park or playground in the township underthe jurisdiction of the township, the township executive shall managethe park or playground. The executive shall keep complete recordsof the management and all related transactions, including receiptssuch as fees, concessions, licenses, permits, and sales. The receiptsshall be credited to the general fund of the township.
(c) An executive who violates this section commits a Class Cinfraction.
As added by Acts 1981, P.L.309, SEC.114.
IC 36-10-7-5
Acquisition of land for park purposes in certain townships;procedure; establishment, maintenance, and improvement ofparks; issuance of bonds; tax levy; park and recreation fund; fees;appointment and duties of parks superintendent
Sec. 5. (a) This section applies to a township having a populationof more than one hundred fifty thousand (150,000) located in acounty having a population of more than four hundred thousand(400,000) but 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 parkpurposes within the township, either inside or outside the corporateboundaries of a municipality, and may make necessaryimprovements.
(c) If the executive does not purchase, accept, or acquire landwithin the township for park purposes or make necessaryimprovements, two hundred (200) resident taxpayers and voters ofthe township may petition the executive and the legislative body inwriting to:
(1) purchase, accept, or otherwise acquire the land described inthe petition so that a township park may be established underthis section; or
(2) make the improvements designated in the petition.
The petition must be addressed to the executive and legislative bodyand bear the signatures and addresses of the petitioners in ink,acknowledged before a notary public. After the petition is filed in theoffice of the executive, the executive shall have notice of the filingpublished in accordance with IC 5-3-1. The notice must name a dateat least sixty (60) days after the date of the last publication on whichthe executive and legislative body will hear and consider the petition.
The notice constitutes notice of the proceedings to all taxpayerswithin the township, whether resident or nonresident.
(d) At the hearing the executive and legislative body shall hearand consider all remonstrances, whether written and signed in ink orfrom a resident of the township upon the question of whether theland should be purchased, accepted, or acquired by the township anda township park established, maintained, and improved. After thehearing, the executive and legislative body shall approve the petitionunless twenty percent (20%) of the resident taxpayers of thetownship remonstrate in writing by filing their remonstrance on orbefore the day fixed for the hearing. In that case the executive andlegislative body shall dismiss the petition.
(e) If land has been acquired for park purposes, the executive shallestablish a park. After it is established, the executive shall providefor necessary improvements and construct facilities for the comfortand convenience of the public in the township park. Except asotherwise provided, all expenses incurred shall be paid out of thepark and recreation fund of the township.
(f) If a park or parkland is acquired by a township under thissection and the expense of the acquisition or of the development andimprovement of the park is too great to be borne by the park andrecreation fund of the township, the legislative body may authorizeits chairman to issue the bonds of the township to procure money forthese purposes. However, the total bonded indebtedness of thetownship for park purposes may not exceed one million dollars($1,000,000). Upon special notice of the chairman in writing to eachmember of the legislative body stating the time, place, and purposeof the meeting, the legislative body may determine whether to issuethe bonds of the township to pay the cost of acquiring, developing,or improving the park or parkland. If the legislative body determinesthat it is of public benefit to issue the bonds of the township, thelegislative body, by a special order entered and signed upon therecord, may authorize its chairman to issue the bonds of thetownship. 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 thantheir par value. Before issuing the bonds, the chairman shall publishnotice of their sale in accordance with IC 5-3-1. The notice muststate the amount of bonds offered, the denomination, the period torun, the rate of interest, and the date, place, and hour of sale. Thelegislative body shall attend the sale and must concur before bondsare sold.
(g) The legislative body shall annually levy a sufficient tax to payat least one-tenth (1/10) of the amount of the bonds, together with theaccrued interest, each year, and the legislative body shall apply theannual tax to the payment of the bonds and interest each year. Thetax levy is in addition to all other tax levies authorized by statute. Atax levy authorized by this section shall be levied and collected on allproperty within the boundaries of the township, includingmunicipalities.
(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'slegislative body for park purposes only. The cost of the maintenanceand improvement of the park shall be paid out of the park andrecreation fund of the township, and the legislative body shallincrease the levy of the fund each year by an amount sufficient toprovide 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 othersimilar facilities requiring major expenditures for maintenance andimprovement shall be deposited in the park and recreation fund andshall be appropriated by the township legislative body either in theannual budget or by additional appropriation in the manner as set outin IC 6-1.1-18-5.
(j) The executive shall appoint a superintendent of parks. Saidappointment shall be made within thirty (30) days of a vacancy in theposition of superintendent of parks. If the executive fails to makesaid appointment within the prescribed period, the legislative bodyshall have the power to make said appointment. Political affiliationmay not be considered in the selection of the superintendent. Thesuperintendent must:
(1) be qualified by training or experience in the field of parksand recreation; and
(2) have a certificate or an advanced degree in the field of parksand recreation.
(k) The superintendent must do the following:
(1) Propose annually to the executive a plan for the operation ofthe 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 anddocuments of the park.
(5) Keep accurate records of park income and expenditures inthe manner prescribed by the state board of accounts.
(6) Appoint and discharge employees of the park without regardto 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 thesuperintendent that must contain the terms and conditions of thesuperintendent's employment.
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.
IC 36-10-7-6
Townships containing a town and having a population of at least8,500; acquisition, improvement, maintenance, and disposal of landfor park purposes; procedure; issuance of bonds; tax levy;
employment of needy persons
Sec. 6. (a) This section applies to all townships having apopulation of at least eight thousand five hundred (8,500) thatcontain a town.
(b) The township executive may do the following in relation totownship parks:
(1) Purchase, acquire by eminent domain, accept by grant,devise, bequest, or other conveyance, or otherwise acquire landwithin the township for park purposes.
(2) Make necessary improvements on the land.
(3) Maintain and operate the land.
(4) Dispose of all or part of the land that is unnecessary for thepark or park purposes.
(c) If the executive decides to acquire land for park purposesunder this section, the following procedures apply:
(1) A resolution to that effect shall be adopted by the legislativebody and shall be entered upon the minutes of the legislativebody. The resolution must be signed by the members of thelegislative body and by the executive.
(2) Upon a petition signed in ink by at least one hundred (100)resident taxpayers and freeholders of the township, theexecutive shall, after the adoption of the resolution, fix a daynot less than fifteen (15) nor more than twenty (20) days afteradoption during which time remonstrances may be filed withthe executive against the resolution.
(3) The executive shall give notice by publication of theresolution and of the time limits for filing remonstrances inaccordance with IC 5-3-1.
(4) Remonstrances must be signed in ink and shall be filed notlater than the day fixed for the expiration of the time for filingremonstrances in the notices.
(5) If the number of signers of remonstrances exceeds thenumber of signers who have signed the original petition,determined by the same qualifications, the executive may givenotice, in accordance with IC 5-3-1, of a date by which time asupplementary petition containing the names of qualifiedsigners in addition to the names signed to the first petition maybe filed asking for acquisition.
(6) A supplemental petition must be signed in ink by signershaving the same qualifications as required for the originalpetition.
(7) If, after the expiration of the period for filing a supplementalpetition, it is determined that the number of qualified signers tothe original petition and the supplemental petition exceeds thenumber of signers to the remonstrance, the executive mayproceed with the acquisition of land and the improvement andoperation of it.
(8) If the number signing the remonstrance is greater than thenumber signing the original and supplemental petition, then thetownship may not proceed with the improvement.However, the remonstrance does not prevent the acquisition of landor inhibit the power of the executive to acquire parkland unless atleast twenty percent (20%) of the resident freeholders who are alsolegal voters, execute the remonstrance. Only the executive and thelegislative body may determine the sufficiency of a petition orremonstrance and the qualifications of a signer. These matters aresubject to review only for fraud.
(d) The executive may acquire any property, land, privilege,immunities, or other species of interest reasonably necessary for thepark or for the purpose of improving, maintaining, or operating it.The executive may sue in the name of the township for thecondemnation of any property, land, privilege, immunities, or otherspecies of interest in accordance with statutes available to municipalcorporations for condemnation.
(e) To provide money for any of the purposes of this section, thelegislative body may authorize the executive to issue the bonds of thetownship. However, the total bonds issued and outstanding at anytime for such purposes may not exceed ninety thousand dollars($90,000). The bonds may bear interest at any rate, may be madepayable semiannually, shall be sold for at least their par value, andrun for a period of not less than ten (10) nor more than twenty (20)years. Parts of the total issue may be sold from time to time as theexecutive determines. After the authorization of the bonds, theexecutive shall, in accordance with IC 5-3-1, publish notice of thatpart of the bonds that will be sold at that time. The notice must statethe amount of bonds offered, the denomination, the period to run, therate of interest, and the date, place, and hour of sale. No part of thebonds may be sold except after notice.
(f) The legislative body shall levy annually a sufficient tax to payat least the principal and interest of bonds that will mature in thefollowing year, and the executive shall apply the tax to the paymentof bonds and interest. The tax levy is in addition to other tax levies.The tax shall be levied and collected on all property within theboundaries of the township, including municipalities. The cost of thecare, upkeep, repair, maintenance, and improvement of the park shallbe paid out of the general fund of the township, and the legislativebody shall increase the levy of the fund each year by an amountsufficient to provide the money to maintain the park.
(g) The executive shall direct the expenditure of the money raisedby the bond issue to save money that otherwise would be expendedfor township assistance. The executive may offer persons who areable-bodied and capable of work the opportunity to work upon thepark improvement. If a person refuses without good excuse, theexecutive shall consider the refusal prima facie evidence that theperson is not entitled to township assistance.
As added by Acts 1981, P.L.309, SEC.114. Amended by Acts 1982,P.L.6, SEC.31; P.L.157-1991, SEC.11; P.L.73-2005, SEC.175.
IC 36-10-7-7
Acquisition and maintenance of grounds and structures by certain
townships for use as public parks; public park fund
Sec. 7. (a) This section applies to all townships having apopulation between two thousand (2,000) and three thousand(3,000).
(b) The township executive may accept, acquire, and maintaingrounds and structures to be used as public parks upon petition of atleast fifty-one percent (51%) of the resident taxpayers of thetownship.
(c) Whenever a park has been established in the township, thelegislative body shall, at its annual meeting and annually eachfollowing year, levy a tax not exceeding one and sixty-sevenhundredths cents ($0.0167) on each one hundred dollars ($100) oftaxable property in the township. The money shall be set aside in apublic park fund to be used by the executive for the maintenance andimprovement of the park and for no other purpose.
As added by Acts 1981, P.L.309, SEC.114. Amended byP.L.157-1991, SEC.12; P.L.6-1997, SEC.235.
IC 36-10-7-8
Acquisition of land for park purposes by certain townships;improvements; maintenance; bonds; levy of taxes
Sec. 8. (a) This section applies to all townships having apopulation of less than two thousand (2,000).
(b) The township executive may lease, purchase, accept by grant,devise, bequest, or other conveyance to the township, or otherwiseacquire land for park purposes and may make necessaryimprovements only as provided by this section.
(c) The legislative body may establish a township park and may,by resolution, appropriate from the general fund of the township thenecessary money to lease, purchase, accept, or otherwise acquireland for park purposes or make improvements thereon. The executiveshall then lease, purchase, accept, or acquire the land for parkpurposes or shall make improvements thereon as directed in theresolution. However, the costs of the park grounds or of theimprovements provided for in the resolution may not exceed in one(1) year one-fifth of one percent (0.2%) of the adjusted value of alltaxable property of the township as determined under IC 36-1-15.
(d) If a park has been established under this section, the executiveshall have the park maintained and may make improvements andconstruct and maintain facilities for the comfort and convenience ofthe public. However, the executive annually may not spend morethan one cent ($0.01) on each one hundred dollars ($100) of assessedvaluation of taxable property in the township as it appears on the taxduplicates of the auditor of the county in which the township islocated. The money shall be paid from the general fund of thetownship.
(e) If the general fund of the township is insufficient to meet theexpenses of acquiring or improving the land for park purposes, theexecutive shall call a special meeting of the legislative body bywritten notice to each member of the legislative body at least three
(3) days before the date of the meeting. The notice must state thetime, place, and purpose of the meeting. The legislative body shallmeet and determine whether an emergency exists for the issuance ofthe warrants or bonds of the township. The legislative body shall, byresolution, authorize the issuance and sale of the warrants or bondsof the township in an amount not exceeding two percent (2%) of theadjusted value of all taxable property in the township as determinedunder IC 36-1-15. The amount of bonds may not exceed the totalestimated cost of all land to be acquired and all improvementsdescribed in the resolution, including all expenses necessarilyincurred in connection with the proceedings. The proceeds from thesale of the bonds shall be deposited in the general fund of thetownship. The bonds become due and payable not less than two (2)nor more than ten (10) years after the date of issuance, may bearinterest at any rate, and may not be sold for less than par value. Thebonds shall be sold after giving notice of the sale of bonds inaccordance with IC 5-3-1. The bonds and the interest thereon areexempt from taxation as provided by IC 6-8-5 and are subject to theprovisions of IC 6-1.1-20 relating to the filing of a petition requestingthe issuance of bonds, the appropriation of the proceeds of the bonds,and the approval by the department of local government finance.
(f) The legislative body shall, at its next annual meeting afterauthorization of bonds and annually each following year, levy asufficient tax against all the taxable property of the township to paythe principal of the bonds, together with accruing interest, as theybecome due. The executive shall apply the money received from thelevy only to the payment of bonds and interest as they become due.
(g) In addition to the levy required by subsection (f), thelegislative body shall, when a park has been established under thissection and at every annual meeting after establishment, levy a taxnot exceeding one cent ($0.01) on each one hundred dollars ($100)of taxable property in the township. The levy required by thissubsection shall be used by the executive for the maintenance andimprovement of the park. The executive may not expend more formaintenance and improvement of the park than the amount collectedby the levy except:
(1) upon petition by fifty-one percent (51%) of the taxpayers ofthe township; or
(2) when warrants or bonds are to be issued under this sectionto finance the expenses of improvements.
The amount received from the levy shall be deposited in the generalfund of the township.
(h) A park established under this section shall be kept open to thepublic in accordance with rules prescribed by the executive.
(i) If the executive determines that land or other property used forpark purposes under this section should be disposed of and that thepark should no longer be maintained, the executive shall appointthree (3) disinterested appraisers to appraise the property. Theproperty shall then be disposed of either at public or private sale forat least its appraised value. (j) This subsection applies if the township sells the property byacceptance of bids. A bid submitted by a trust (as defined inIC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
(k) All money from the sale of park property, less the expensesincurred in making the appraisal and sale, shall be paid into thegeneral fund of the township.
As added by Acts 1981, P.L.309, SEC.114. Amended byP.L.373-1983, SEC.1; P.L.208-1984, SEC.1; P.L.336-1989(ss),SEC.55; P.L.157-1991, SEC.13; P.L.6-1997, SEC.236; P.L.90-2002,SEC.518.
IC 36-10-7-9
Membership of department and board of parks and recreation ofcertain townships
Sec. 9. (a) This section applies to the township having the largestpopulation in a county having a population of:
(1) more than seventy-three thousand (73,000) but less thanseventy-four thousand (74,000); or
(2) more than one hundred eighty thousand (180,000) but lessthan one hundred eighty-two thousand seven hundred ninety(182,790).
(b) Notwithstanding IC 36-10-7.5-5, the department of parks andrecreation of a township described in subsection (a) consists of four(4) members appointed by the township executive on the basis of themembers' interest in and knowledge of parks and recreation. Themembers of a board governed by this section may include any of thefollowing:
(1) The township executive.
(2) One (1) or more members of the township board.
(3) Any other persons residing in the township.
As added by P.L.157-1991, SEC.14. Amended by P.L.12-1992,SEC.195; P.L.271-1993, SEC.2; P.L.170-2002, SEC.176.