CHAPTER 7.5. TOWNSHIP GENERAL PARK AND RECREATION LAW
IC 36-10-7.5
Chapter 7.5. Township General Park and Recreation Law
IC 36-10-7.5-1
Application of chapter
Sec. 1. This chapter applies to all townships.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-1.5
"Park and recreation board" defined
Sec. 1.5. As used in this chapter, "park and recreation board"refers to a township park and recreation board established undersection 5.5 of this chapter.
As added by P.L.271-1993, SEC.3.
IC 36-10-7.5-2
"Department" defined
Sec. 2. As used in this chapter, "department" refers to adepartment of parks and recreation created under section 5 of thischapter.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.4.
IC 36-10-7.5-3
"District" defined
Sec. 3. As used in this chapter, "district" refers to a special taxingdistrict created under this chapter.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-3.5
"Park governor" defined
Sec. 3.5. As used in this chapter, "park governor" means thefollowing:
(1) The executive, if a township park and recreation board is notestablished under section 5.5 of this chapter.
(2) The township park and recreation board, if a township parkand recreation board is established under section 5.5 of thischapter.
As added by P.L.271-1993, SEC.5.
IC 36-10-7.5-4
"Superintendent" defined
Sec. 4. As used in this chapter, "superintendent" refers to asuperintendent of parks and recreation appointed under this chapter.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.6.
IC 36-10-7.5-5
Creation of department of parks and recreation; resolution;transfer of property from prior authority Sec. 5. (a) The legislative body of a township may adopt aresolution creating a department of parks and recreation under thischapter and repealing prior resolutions creating other park andrecreation authorities. Except as provided in IC 36-10-7-9, thedepartment consists of:
(1) the park governor;
(2) the superintendent of parks and recreation, if the townshiphas a superintendent appointed under section 11 of this chapter;and
(3) other personnel that the park governor determines.
(b) After a department has been created under this section, allbooks, papers, documents, and other property of former park andrecreation authorities are transferred to and become the property ofthe department.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.7.
IC 36-10-7.5-5.5
Township park and recreation board
Sec. 5.5. (a) In a township having a department of parks andrecreation established under section 5 of this chapter, the executivemay establish a township park and recreation board.
(b) A township park and recreation board established under thissection consists of:
(1) the executive; and
(2) three (3) persons appointed by the executive to serve at thepleasure of the executive.
(c) The executive or an appointed member of the township parkand recreation board established under this section remains a memberof the board until a successor is elected or appointed and qualified.
As added by P.L.271-1993, SEC.8.
IC 36-10-7.5-6
Park governor; powers and duties
Sec. 6. The park governor shall do the following:
(1) Exercise general supervision of and make rules for thedepartment.
(2) Establish rules governing the use of the park and recreationfacilities by the public.
(3) Provide police protection for park property and activities,either by requesting assistance from state, municipal, or countypolice authorities, or by having specified employees deputizedas police officers. The deputized employees, however, are noteligible for police pension benefits or other emoluments ofpolice officers.
(4) Appoint the necessary administrative officers of thedepartment and fix their duties.
(5) Establish standards and qualifications for the appointmentof all personnel and approve their appointments without regardto politics. (6) Make recommendations and an annual report to thelegislative body concerning the operation of the department andthe status of park and recreation programs in the township.
(7) Prepare and submit an annual budget in the same manner asother budgets of the township.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.9.
IC 36-10-7.5-7
Park governor; authorized actions
Sec. 7. The park governor may do the following:
(1) Enter into contracts and leases for facilities and services.
(2) Contract with persons for joint use of facilities for theoperation of park and recreation programs and related services.
(3) Contract with another park board, a unit, or a schoolcorporation for the use of park and recreation facilities orservices. A township or school corporation may contract withthe park governor for the use of park and recreation facilities orservices.
(4) Acquire and dispose of real and personal property, eitherwithin or outside Indiana.
(5) Exercise the power of eminent domain under statutesavailable to townships.
(6) Sell, lease, or enter into a royalty contract for the natural ormineral resources of park land, the money received to bedeposited in a nonreverting capital fund of the department.
(7) Engage in self-supporting activities as prescribed in thischapter.
(8) Contract for special and temporary services and forprofessional assistance.
(9) Delegate authority to perform ministerial acts in all casesexcept where final action of the park governor is necessary.
(10) Prepare, publish, and distribute reports and other materialsrelating to activities authorized by this chapter.
(11) Sue and be sued collectively by its legal name, as the"________________ (township's name) Park and RecreationDepartment governor", with service of process being had uponthe executive, but costs may not be taxed against the townshipin any action.
(12) Invoke any legal, equitable, or special remedy for theenforcement of:
(A) this chapter;
(B) a park or recreation resolution; or
(C) an action taken by the park governor under this chapteror a resolution.
(13) Release and transfer, by resolution, a part of the area overwhich the park governor has jurisdiction for park andrecreational purposes to park authorities of another unit for parkand recreational purposes upon petition of the park or recreationgoverning authority of the acquiring unit.As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.10.
IC 36-10-7.5-8
Lease of buildings and grounds
Sec. 8. The park governor may lease any buildings or groundsthat:
(1) belong to the township; and
(2) are located within a park;
to a person for a period not greater than fifty (50) years. The leasemay authorize the lessee to provide upon the premises educational,research, veterinary, or other proper facilities for the exhibition ofwild or domestic animals in wildlife parks, dining facilities,swimming facilities, golf courses, skating facilities, dancingfacilities, amusement rides generally found in amusement parks, orother recreational facilities. A lease may be made for more than one(1) year only to the highest and best bidder after notice that the leasewill be made has been given by publication in accordance withIC 5-3-1.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.11.
IC 36-10-7.5-9
Sale of surplus property; appraisal
Sec. 9. (a) The park governor may sell or order sold through adesignated representative by public or private sale any personalproperty that the park governor has declared to be surplus anddeclared to have an aggregate appraised value not greater than fivethousand dollars ($5,000).
(b) Whenever the park governor decides to sell at a private sale,the park governor must employ a qualified appraiser to determine areasonable selling price for each kind of surplus item and mustpublish the following information in the manner provided inIC 5-3-1:
(1) The fact that a private sale will be held.
(2) The location of the sale.
(3) The dates of the beginning and end of the sale.
(4) The time of day during which the sale will take place.
(5) The kinds of items to be sold at the sale.
(6) The price of each kind of item, which may not be less thanthe reasonable selling price determined by the qualifiedappraiser.
(c) If the park governor decides to sell at a public sale, the parkgovernor shall conduct the sale in the manner provided by law for thetownship to sell surplus property.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.12.
IC 36-10-7.5-10
Conference attendance Sec. 10. If the park governor determines that the executive or anypark employee should attend a state, regional, or national conferencedealing with park and recreation problems, the park governor mayauthorize the payment of the actual expenses involved in attendingthe conference. However, the amount must be available as part of thedepartment's appropriation.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.13.
IC 36-10-7.5-11
Superintendent; appointment; qualifications
Sec. 11. (a) The park governor may appoint a superintendent ofparks and recreation. The park governor may not consider politicalaffiliation in the selection of the superintendent.
(b) The superintendent must:
(1) be qualified by training or experience in the field of parksand recreation; or
(2) have a certification or an advanced degree in the field ofparks and recreation.
(c) An incumbent township employee performing park andrecreation functions in a supervisory capacity at the time a townshipadopts a creating resolution under this chapter is eligible forappointment as superintendent or as an assistant, but the employeemust have the required training, experience, or certification.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.14.
IC 36-10-7.5-12
Powers and duties of superintendent
Sec. 12. Under the direction of the park governor, thesuperintendent of the township shall do the following:
(1) Propose annually to the park governor a plan for theoperation of the department.
(2) Administer the plan as approved by the park governor.
(3) Supervise the general administration of the department.
(4) Keep the records of the department and preserve all papersand documents of the department.
(5) Recommend persons for appointment as assistants if thepark governor determines there is a need for assistants.
(6) Appoint the employees of the department, subject to theapproval of the park governor according to the standards andqualifications fixed by the park governor and without regard topolitical affiliation.
(7) Prepare and present to the park governor an annual report.
(8) Perform other duties that the park governor directs.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.15.
IC 36-10-7.5-13
Assistants to superintendent Sec. 13. (a) If the park governor determines that the size of thedepartment's operation requires assistants for the superintendent, thepark governor may appoint, upon the recommendation of thesuperintendent, at least one (1) assistant. The park governor shalldetermine the assistant's qualifications on a basis similar to thatprescribed for the superintendent.
(b) Each assistant is directly responsible to the superintendent andshall perform the duties specified by the superintendent.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.16.
IC 36-10-7.5-14
Officers' and employees' bonds and crime policies
Sec. 14. (a) Each officer and employee who handles money in theperformance of duties under this chapter must execute an officialbond for the term of office or employment before entering upon theduties of the office or employment.
(b) The fiscal body of the township may under IC 5-4-1-18authorize the purchase of a blanket bond or crime insurance policyendorsed to include faithful performance to cover all officers' andemployees' faithful performance of duties. The amount of the bondor crime insurance policy shall be fixed by the fiscal body andapproved by the park governor.
(c) All official bonds shall be filed and recorded in the office ofthe county recorder of the county in which the department is located.
(d) The commissioner of insurance shall prescribe the form of thebonds or crime policies required by this section.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.17; P.L.49-1995, SEC.13.
IC 36-10-7.5-15
Advisory council or special committee; membership;responsibilities
Sec. 15. (a) The park governor may create an advisory council orspecial committees composed of citizens who are interested in parksand recreation.
(b) In selecting an advisory council or a special committee, thepark governor shall give consideration to the groups in thecommunity particularly interested in parks and recreation. Whencreating an advisory council or a special committee, the parkgovernor shall specify the terms of the members and the purposes forwhich the council or committee is created.
(c) An advisory council or a special committee shall do thefollowing:
(1) Study the subjects and problems specified by the parkgovernor and recommend to the park governor additionalproblems in need of study.
(2) Advise the park governor concerning these subjects,particularly as they relate to different areas and groups in thecommunity. (3) Report only to the park governor.
(4) Make inquiries and reports only in those areas specified bythe park governor.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.18.
IC 36-10-7.5-16
Gifts, grants, and transfers
Sec. 16. (a) The park governor may accept gifts, donations, andsubsidies for park and recreational purposes. However, a gift ortransfer of property to the park governor may not be made withoutthe approval of the park governor.
(b) A gift or grant of money shall be deposited in a specialnonreverting fund to be available for expenditure by the parkgovernor for purposes specified by the grantor. The fiscal officer ofthe township may draw warrants against the fund only upon voucherssigned by the executive.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,SEC.19.
IC 36-10-7.5-17
Special benefit taxes; provision of operating revenues
Sec. 17. (a) The territory within the boundaries of the townshipcomprises a special taxing district for the purpose of levying specialbenefit taxes for park and recreational purposes as provided in thischapter.
(b) The fiscal body of the township shall determine and providethe revenues necessary for the operation of the department or forcapital expenditures not covered by the issuance of bonds by:
(1) a specific levy to be used exclusively for these purposes;
(2) a special appropriation; or
(3) both.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-18
Special nonreverting capital fund
Sec. 18. (a) Upon the request of the executive, the fiscal body ofthe township may establish by resolution a special nonrevertingcapital fund for the purposes of acquiring land or making specificcapital improvements. The fiscal body may include in thedepartment's annual budget an item and an appropriation for thesespecific purposes.
(b) Money placed in the special nonreverting capital fund may notbe withdrawn except for the purposes for which the fund wascreated, unless the fiscal body repeals the resolution. The fiscal bodymay not repeal the resolution under suspension of the rules.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-19
Township park and recreation cumulative building fund Sec. 19. (a) The fiscal body may establish a cumulative buildingfund under IC 6-1.1-41 to provide money for:
(1) building, remodeling, and repair of park and recreationfacilities; or
(2) purchase of land for park and recreation purposes.
(b) To provide for the cumulative building fund, the townshipfiscal body may levy a tax in compliance with IC 6-1.1-41 not greaterthan one and sixty-seven hundredths cents ($0.0167) on each onehundred dollars ($100) of assessed valuation of taxable propertywithin the township.
(c) The tax shall be collected and held in a special fund known asthe township park and recreation cumulative building fund.
As added by P.L.157-1991, SEC.15. Amended by P.L.17-1995,SEC.44; P.L.6-1997, SEC.237.
IC 36-10-7.5-20
Fees; management and deposit of collections
Sec. 20. (a) Park and recreation facilities and programs shall bemade available to the public free of charge as far as possible.However, if it is necessary in order to provide a particular activity,the park governor may charge a reasonable fee.
(b) The township fiscal body may establish by resolution uponrequest of the executive any of the following:
(1) A special nonreverting operating fund for park purposesfrom which expenditures may be made as provided byresolution by appropriation by the board township fiscal body.
(2) A special nonreverting capital fund for the purpose ofacquiring land or making specific capital improvements fromwhich expenditures may be made by appropriation by thetownship fiscal body.
(c) The fiscal body shall designate the fund or funds into whichthe township fiscal officer shall deposit fees from golf courses,swimming pools, skating rinks, or other major facilities requiringmajor expenditures for management and maintenance.
(d) Money received from fees other than from major facilities orreceived from the sale of surplus property shall be deposited by thetownship fiscal officer either in the special nonreverting operatingfund or in the nonreverting capital fund as directed by the fiscalbody. However, if neither fund has been established, money receivedfrom fees or from the sale of surplus property shall be deposited inthe township general fund.
(e) Money placed in the special nonreverting capital fund may notbe withdrawn except for the purposes for which the fund wascreated, unless the fiscal body repeals the resolution establishing thefund. The fiscal body may not repeal the resolution under suspensionof the rules.
(f) Money procured from fees or received from the sale of surplusproperty under this chapter shall be deposited at least one time eachmonth with the fiscal officer of the township.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993,
SEC.20.
IC 36-10-7.5-21
Land acquisition or appropriation and improvements
Sec. 21. (a) This section applies only to:
(1) the acquisition of real property; or
(2) a work of improvement;
that will be financed by the issuance of bonds.
(b) If the executive or the fiscal body decides to:
(1) acquire land for any of the purposes prescribed in thischapter, either by purchase or by appropriation, and inconjunction with the acquisition to proceed with a work ofimprovement authorized by this chapter;
(2) acquire real property without proceeding at the time with awork of improvement; or
(3) proceed with a work of improvement where the realproperty has been already secured;
the legislative body may adopt a resolution stating the purpose,describing the land to be acquired, the manner of acquisition, and, inthe case of an appropriation, the other land that may be injuriouslyaffected, or describing the lands already acquired and intended to beused in connection with the proposed work of improvement.
(c) If a work of improvement is provided for in the resolution, theexecutive shall have preliminary plans and specifications and anestimate of the cost of the proposed work prepared by the engineerselected to do the work. Before adopting a resolution, the legislativebody shall receive or hear remonstrances from persons interested inor affected by the proceedings and on which it will determine thepublic utility and benefit.
(d) Notice shall be sent by certified mail to each owner of land tobe appropriated under the resolution, using the owner's address asshown on the tax duplicates. In addition, notice of the land to beappropriated shall be published in accordance with IC 5-3-1. Allpersons affected in any manner by the proceedings, including alltaxpayers in the township, are considered notified of the pendency ofthe proceedings and of all subsequent acts, hearings, adjournments,and orders of the executive or the legislative body by the originalnotice of publication.
(e) In the resolution and notice, separate descriptions of eachpiece or parcel of land are not required, but it is a sufficientdescription of the property purchased, to be purchased, or to beappropriated or damaged to give a description of the entire tract bya platted description or by metes and bounds, whether the land iscomposed of one (1) or more lots or parcels and whether the land isowned by one (1) or more persons. If the land or a part of the land isto be acquired by purchase, the resolution must also state themaximum proposed cost.
(f) The executive may, at any time before the adoption of theresolution:
(1) obtain from the owner of the land an option for the purchase
of the land; or
(2) enter into a contract for the purchase of the land upon theterms and conditions that the executive considers best.
The option or contract is subject to the final approval of thelegislative body confirming, modifying, or rescinding the option orcontract and to the condition that the land may be paid for only outof the special fund resulting from the sale of bonds as provided bythis chapter.
(g) If the executive decides to acquire any lots or parcels of landby purchase, the executive shall appoint three (3) qualified appraisersto appraise the value of the land. The appraisers may not beinterested directly or indirectly in any land that is to be acquiredunder the resolution or that may be injured or that may incur localbenefits. The appraisers shall take an oath that they have no interestin the matter and that they will honestly and impartially make thevaluation. The appraisers shall then view the land, determine the truemarket value of the land at that time, and report the appraisal inwriting. The report shall be filed with and becomes a part of therecord of the proceeding.
(h) The executive may not take an option on the land or enter intoa contract to purchase the land at a higher price than the value namedin the report. The title to land to be acquired under the resolution,whether by purchase or appropriation, does not vest until the land ispaid for out of the special fund established by the sale of bonds asprovided in this chapter. Any indebtedness or obligation of any kindincurred by the executive due to the acquisition of land or toconstruction work shall be paid out of the funds under the control ofthe executive and is not an indebtedness or obligation of thetownship.
(i) At the time fixed for the hearing or at any time before thehearing, an owner of land to be appropriated under the resolution orinjuriously affected or a person owning real or personal propertylocated in the district may file a written remonstrance with thechairman of the legislative body.
(j) At the hearing, which may be adjourned from time to time, thelegislative body shall hear all persons interested in the proceedingsand all remonstrances that have been filed. After considering theevidence, the legislative body shall take final action determining thepublic utility and benefit of the proposed project by confirming,modifying, or rescinding the resolution. The final action shall berecorded and is final and conclusive upon all persons.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-22
District bonds for land acquisition or improvements
Sec. 22. (a) To raise money to pay for land to be acquired for anyof the purposes named in this chapter or to pay for an improvementauthorized by this chapter, and in anticipation of the special benefittax to be levied as provided in this chapter, the legislative body shallissue in the name of the township the bonds of the district. The bonds
may not exceed in amount the total cost of all land to be acquired andall improvements described in the resolution, including all expensesnecessarily incurred in connection with the proceedings, togetherwith a sum sufficient to pay the costs of supervision and inspectionduring the period of construction of a work. The expenses to becovered in the bond issue include all expenses of every kind actuallyincurred preliminary to acquiring the land and the construction of thework, such as the cost of the necessary record, engineering expenses,publication of notices, preparation of bonds, and other necessaryexpenses. If more than one (1) resolution or proceeding of thelegislative body under this chapter is confirmed whereby differentparcels of land are to be acquired or more than one (1) contract forwork is let by the executive at approximately the same time, the costinvolved under all of the resolutions and proceedings may beincluded in one (1) issue of bonds.
(b) The bonds may be issued in any denomination not less thanone thousand dollars ($1,000) each, in not less than five (5) nor morethan forty (40) annual series. The bonds are payable one (1) serieseach year, beginning at a date after the receipt of taxes from a levymade for that purpose. The bonds are negotiable. The bonds maybear interest at any rate, payable semiannually. After adopting aresolution ordering bonds, the legislative body shall certify a copy ofthe resolution to the township's fiscal officer. The fiscal officer shallprepare the bonds, and the executive shall execute the bonds, attestedby the fiscal officer.
(c) The bonds and the interest on the bonds are exempt fromtaxation as prescribed by IC 6-8-5-1. Bonds issued under this sectionare subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to:
(1) the filing of a petition requesting the issuance of bonds;
(2) the right of:
(A) taxpayers and voters to remonstrate against the issuanceof bonds in the case of a proposed bond issue described byIC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of aproposed bond issue described by IC 6-1.1-20-3.5(a);
(3) the appropriation of the proceeds of the bonds with theapproval of the department of local government finance; and
(4) the sale of bonds at public sale for not less than the parvalue of the bonds.
(d) The legislative body may not have bonds of the district issuedunder this section that are payable by special taxation when the totalissue for that purpose, including the bonds already issued or to beissued, exceeds two percent (2%) of the total adjusted value of thetaxable property in the district as determined under IC 36-1-15. Allbonds or obligations issued in violation of this subsection are void.The bonds are not obligations or indebtedness of the township butconstitute an indebtedness of the district as a special taxing district.The bonds and interest are payable only out of a special tax leviedupon all the property of the district as prescribed by this chapter. Abond must recite the terms upon the face of the bond, together with
the purposes for which the bond is issued.
As added by P.L.157-1991, SEC.15. Amended by P.L.6-1997,SEC.238; P.L.90-2002, SEC.519; P.L.219-2007, SEC.145;P.L.146-2008, SEC.795.
IC 36-10-7.5-23
Bond issue; notice and hearing
Sec. 23. (a) Before bonds may be issued under this chapter, thelegislative body shall give notice of a public hearing to disclose thepurposes for which the bond issue is proposed, the amount of theproposed issue, and all other pertinent data.
(b) The legislative body shall publish in accordance with IC 5-3-1a notice of the time, place, and purposes of the hearing.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-24
Funds from bond proceeds; use; surplus
Sec. 24. All proceeds from the sale of bonds issued under thischapter shall be kept in a separate fund. The fund shall be used topay for land and other property acquired and for the construction ofa work under the resolution, including all costs and expensesincurred in connection with the project. The fund may not be usedfor any other purpose. The fund shall be deposited as provided in thischapter. A surplus remaining from the proceeds of the bonds after allcosts and expenses are paid shall be paid into and becomes a part ofthe district bond fund.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-25
Tax levy; district bond fund
Sec. 25. (a) To raise money to pay all bonds issued under thischapter, the fiscal body shall levy annually a special tax upon all ofthe real and personal property located in the district sufficient to paythe principal of the bonds as the bonds mature, including accruedinterest. The fiscal body shall have the tax to be levied each yearcertified to the auditor of the county in which the township is locatedat the time for certification of tax levies. The tax shall be collectedand enforced by the county treasurer in the same manner as othertaxes are collected and enforced.
(b) As the tax is collected, the tax shall be accumulated and keptin a separate fund to be known as the district bond fund. The taxshall be applied to the payment of the bonds and interest as the bondsmature and may not be used for another purpose.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-26
Contracts or leases with not-for-profit corporations
Sec. 26. (a) The executive may enter into a lease or a contractwith a not-for-profit corporation providing detailed terms andconditions for the following: (1) The performance of historical pageants and entertainments.
(2) The charging of admission.
(3) The maintenance of the facilities.
(b) The contract must not extend for a longer term than the termof the bonds.
As added by P.L.157-1991, SEC.15.
IC 36-10-7.5-27
Bondholder rights under other statutes
Sec. 27. The general assembly covenants that it will not repeal oramend:
(1) IC 6-9-7-6;
(2) IC 6-9-7-7;
(3) IC 36-10-3-40;
(4) IC 36-10-3-41;
(5) IC 36-10-3-42; and
(6) IC 36-10-3-43;
in a manner that would adversely affect owners of the bonds as longas the bonds are outstanding.
As added by P.L.157-1991, SEC.15.