reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-32. Remonstrance Against Award or Assessment; Hearing; Decision; Appeal; Procedure; Costs

Sec. 32. (a) A person notified or considered to be notified under the preceding sections of this chapter may remonstrate in writing against an award or assessment and appear before the board on the day fixed for hearing remonstrances. Every person appearing before the board having an interest in the proceedings shall be given a hearing. After the remonstrances have been received and the hearings held, the board shall either sustain, increase, or decrease the awards or assessments.
(b) A person remonstrating in writing who is aggrieved by the decision of the board may take an appeal to the circuit or superior court in the county in which the city is located. The appeal affects only the amount of the assessment or award of the person appealing.
(c) The appeal may be taken by filing an original complaint in court against the board within ten (10) days after the board's decision. The complaint must set forth the action of the board regarding the assessment or award and the facts relied upon as showing an error of the board. The court, or if requested by a property owner or the board, a jury, shall rehear the matter of the assessment or award de novo and either confirm, decrease, or increase the amount. The cause shall be tried as a civil case. All remonstrances upon which an appeal is taken may be consolidated and heard as one (1) cause of action and shall be heard and determined as soon as practical.
(d) If the amount of benefits assessed against the property is decreased by ten percent (10%) or more, or if the amount of damages is increased by ten percent (10%) or more, the plaintiff is entitled to recover costs.
[Pre-Local Government Recodification Citations: 19-7-30-26; 19-7-30-27.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-33. The Local Assessment Duplicate; Collection by County Treasurer; Payment Date; Foreclosure; Installment Payments; Law Governing; Assessment Bonds; Expense of Notices

Sec. 33. (a) Upon completion of the assessment roll by the board, the board shall immediately prepare a duplicate of the assessment roll of benefits, to be known as "The Local Assessment Duplicate", and deliver it, duly certified, to the county treasurer. The amounts of benefits assessed are then liens superior to all other liens, except taxes, against the respective lots or parcels of land upon which they are assessed. The duties of the treasurer are the same as are prescribed by law for the collection of assessments for street improvements.
(b) The assessments of benefits are due and payable to the treasurer from the time of the delivery of the assessment duplicate to the treasurer. If the assessments are not paid within sixty (60) days after delivery, the board, through its attorney, shall proceed to foreclose the liens in a court of competent jurisdiction as mortgages are foreclosed, with similar rights of redemption and the right to sell the property to pay the assessments. The board may recover costs, reasonable attorney's fees, and interest from the expiration of the sixty (60) day period at the rate of six percent (6%) per year. If the person against whom the assessment is made is a resident of the city, demand shall be made by delivery to the person personally or mailing to the person's last and usual place of residence a notice of the assessment and demand for payment.
(c) A person assessed for special and local benefits may, within thirty (30) days after confirmation of the assessments, decide to pay the assessment in installments in the same manner as provided for the payment of assessments for the improvement or paving of streets in the city.
(d) Statutes concerning the payment of street improvement assessments by installments, the issuance of bonds and coupons to anticipate assessments, and the rights of bondholders and landholders apply to assessments made under this chapter when consistent with this chapter. If assessment bonds are issued, they shall promptly be sold by the board in the same manner as park district bonds are authorized to be sold under section 35 of this chapter. Assessment bonds are exempt from taxation for all purposes. The expense of all notices with respect to assessments and delinquencies shall be paid by the board and all interest on delinquencies shall be deposited into the general fund of the board.
[Pre-Local Government Recodification Citation: 19-7-30-28.]
As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.127-2017, SEC.384.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-34. Damage Awards; Certificates; Payment; Disputes as to Claimants

Sec. 34. (a) The board shall, upon completion of a damage award or upon the determination of an appeal, make out certificates for the proper amounts and in favor of the proper persons. When a person presents a certificate to the city fiscal officer, the person is entitled to a warrant on the city treasury. The warrant shall be countersigned by the president or vice president and the secretary of the board.
(b) The city shall pay the persons the amounts due them as shown by the certificates. The certificates or vouchers shall, whenever practical, be actually tendered to the person entitled to them, but if this is impractical they shall be kept for the persons in the office of the board. The making and filing of the certificates is a valid effectual tender to the person entitled to them when there is sufficient money to pay them. The certificates shall be delivered to the person on request.
(c) If a dispute or doubt arises as to which person shall be paid the money, the board shall make out the certificate in favor of the attorney appointed by the board for the use of the person entitled to it. The attorney shall then draw the money and pay it into court in a proper proceeding, requiring the various claimants to interplead and have their respective rights determined. If an injunction is obtained because damages have not been paid or tendered, the board shall tender the amount of them, with interest from the time of the entry of the property, if entry has been made, and all accrued costs. The injunction shall then be disposed of, if there is sufficient money to pay the certificate. The pendency of an appeal to the circuit or superior court of a county does not affect the validity of a tender made under this section, but the board is entitled to proceed with its appropriation of the property in question.
[Pre-Local Government Recodification Citation: 19-7-30-29.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-36. Cumulative Building and Sinking Fund; Establishment; Levy of Tax

Sec. 36. (a) To raise money for any of the purposes for which bonds may be issued under section 35 of this chapter, the board may request that the city legislative body adopt an ordinance establishing a cumulative building and sinking fund. The legislative body may establish a cumulative building and sinking fund under IC 6-1.1-41. The tax may not exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable personal and real property in the district.
(b) The tax, when collected, shall be held in a public depository in a special fund to be known as the park district cumulative building and sinking fund.
[Pre-Local Government Recodification Citation: 19-7-30-31.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.45, SEC.100; P.L.17-1995, SEC.43; P.L.6-1997, SEC.233.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-37. District Bond Fund; Proceeds From Sale of Bonds; Disposition of Fund

Sec. 37. (a) All proceeds from the sale of bonds issued under section 35 of this chapter shall be kept as a separate fund to pay for:
(1) the cost of land and other property acquired;
(2) the cost of improvement; and
(3) all costs and expenses incurred in connection with the project.
(b) The fund may not be used for any other purpose. The fund shall be deposited, at interest, with the depository or depositories of other public funds of the city, and all interest collected on it belongs to the fund. A surplus remaining from the proceeds of the bonds after all costs and expenses are fully paid shall be paid into and becomes a part of the district bond fund.
[Pre-Local Government Recodification Citations: 19-7-9-11 part; 19-7-30-32.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-38. Special Tax to Pay Principal of Bonds and Accruing Interest; Collection; Accumulations of Fund Before Use for Payment

Sec. 38. (a) To raise money to pay all bonds issued under section 35 of this chapter, including interest, the board shall levy each year a special tax upon all of the real and personal property located in the district to pay the principal of the bonds as they mature, together with all accruing interest. The board shall have the tax levied each year certified to the auditor of the county in which the district is located by October 1 each year.
(b) The tax levied and certified shall be collected and enforced in the same manner as other city taxes are collected and enforced. As the tax is collected, it shall be accumulated and kept in a separate fund to be known as the park district bond fund. The tax shall be used to pay the bonds and interest as they mature and may not be used for any other purpose.
(c) All accumulations of the fund before use for the payment of bonds and interest shall be deposited, at interest, with one (1) of the depositories of other public funds of the city, with interest collected belonging to the fund.
[Pre-Local Government Recodification Citations: 19-7-9-12; 19-7-30-33.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-39. Payment for Land Taken or Purchased or Work Done by Contract; Recording of Land Description and Purpose of Acquisition

Sec. 39. (a) The board shall pay to the parties the amounts respectively due them for land taken or purchased or work done by contract or otherwise from the fund derived from the sale of bonds and from assessments of benefits. No other source may be used for this payment. If the land or a part of it is secured by purchase or contract, the payment shall be made according to the terms of the contract. If land is taken by condemnation, the amount of damages assessed shall be paid or tendered within ninety (90) days after the final determination of the condemnation proceedings, or as soon after that as the bond fund is available. The title to the land, or that part paid for or otherwise acquired for these purposes, then vests in the city in the manner, to the extent, for the purposes, and subject to the limitations provided.
(b) Within sixty (60) days after land or an interest in it is acquired or taken under this chapter, the board shall file and have recorded in the recorder's office in the county in which the land is situated a description of it sufficiently accurate for its identification, including a statement of the purposes for which it is required or taken signed by a majority of the board.
[Pre-Local Government Recodification Citations: 19-7-30-34; 19-7-30-35.]
As added by Acts 1981, P.L.309, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 4. Parks Department in Certain Cities › 36-10-4-40. Separate Contracts With Another Party for Public Improvements or Repairs; Violation of Section

Sec. 40. (a) Unless the board publicly declares an emergency, it may not during any six (6) month period make separate contracts with another party for public improvements or repairs under section 13 of this chapter on the same construction or repair site or on the same construction or repair project involving more than one (1) site, without advertising for and accepting public bids, if the aggregate cost of the separate contract is more than fifteen thousand dollars ($15,000).
(b) A commissioner who knowingly violates subsection (a) commits a Level 6 felony.
(c) A person who accepts a contract with the board, knowing that subsection (a) was violated in connection with the contract, commits a Level 6 felony and may not be a party to or benefit from any contract with an Indiana governmental entity for two (2) years after the date of the person's conviction.
[Pre-Local Government Recodification Citation: 19-7-30-38.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.57, SEC.44; P.L.158-2013, SEC.682.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 5. Miscellaneous Municipal Park Provisions › 36-10-5-3. Municipalities Except Consolidated Cities; Recreational Facilities and Programs; Issuance of Bonds or Appropriations; Revenue Bonds

Sec. 3. (a) This section applies to all municipalities except consolidated cities.
(b) If a municipality decides to acquire, construct, develop, improve, and operate recreational facilities and programs for park purposes, it may issue the bonds of the municipality to pay the cost of acquisition, development, and improvement, subject to statutes concerning the issuance of bonds and the making of appropriations by municipalities.
(c) As an alternative method of financing the cost of acquisition, development, and improvement, the municipality may issue revenue bonds. The revenue bonds are not obligations of the municipality within the meaning of constitutional limitations, but are payable solely from the income and revenues of the recreational facilities and programs for park purposes for which they are issued. If the proceeds of the bonds are used to acquire land, the payment of the bonds may be secured by a pledge of the land. Statutes concerning the issuance of revenue bonds by municipalities to construct, acquire, extend, or improve waterworks apply, as far as applicable, to revenue bonds issued under this section regarding the authorization, issuance, sale, character, and immunities of the bonds and the rights, privileges, and powers of the bondholders. However, neither a petition nor an election is required in these proceedings. If statutes authorizing the issuance of waterworks revenue bonds contain different provisions regarding procedure or the rights and remedies of bondholders, the ordinance authorizing the issuance of revenue bonds under this section must set out the particular procedure that the municipal legislative body has adopted and the rights and remedies given to the bondholders.
[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 19-7-20-1; 19-7-39-1; subsection (c) formerly 19-7-20-2; 19-7-39-2.]
As added by Acts 1981, P.L.309, SEC.112. Amended by P.L.157-1991, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 5. Miscellaneous Municipal Park Provisions › 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 three hundred thousand (300,000) and less than three hundred fifty thousand (350,000).
(b) A municipal board consists of four (4) members appointed by the executive of the municipality. A member shall be appointed on the basis of the member's interest in and knowledge of parks and recreation. The members may include the executive of the municipality and one (1) or more members of the municipal fiscal body. The ordinance creating a municipal board governed by this section 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; P.L.119-2012, SEC.239; P.L.104-2022, SEC.220.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 6. Miscellaneous County Park Provisions › 36-10-6-5. Repealed

As added by Acts 1981, P.L.309, SEC.113. Amended by Acts 1981, P.L.45, SEC.103. Repealed by Acts 1982, P.L.6, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 6. Miscellaneous County Park Provisions › 36-10-6-6. Repealed

As added by Acts 1981, P.L.309, SEC.113. Amended by Acts 1981, P.L.45, SEC.104. Repealed by Acts 1982, P.L.6, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7. Miscellaneous Township Recreation Provisions › 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 a county having a consolidated city.
(b) The township executive may, upon petition of at least twenty-five (25) resident freeholders and approval of the township legislative 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, or other township purposes; or
(2) a township recreational land area.
(c) A township may issue general obligation bonds for the purposes set forth in subsection (b) in the manner provided by IC 36-10-3 for the issue of bonds under that chapter.
(d) Money for the purposes set forth in subsection (b) must be appropriated as provided by statute from funds belonging to the township or from the proceeds of a general obligation bond.
(e) The executive may operate and maintain the community center or recreational land area. A property tax levy may be imposed as provided by statute for the cost of all or part of the operation and maintenance expense incurred under this section.
(f) The executive may rent to others all or part of the community center or recreational land area when it is not needed for township purposes. The money received for rent shall be used to pay maintenance and utility expenses of the community center or recreational land area.
[Pre-Local Government Recodification Citations: subsection (a) formerly 17-4-17.5-4; subsection (b) formerly 17-4-17.5-1; subsection (c) formerly 17-4-17.5-2; subsection (d) formerly 17-4-17.5-3.]
As added by Acts 1981, P.L.309, SEC.114. Amended by P.L.354-1985, SEC.3; P.L.157-1991, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7. Miscellaneous Township Recreation Provisions › 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 community center used for recreational purposes), or services.
[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 17-4-21-1.]
As added by Acts 1981, P.L.309, SEC.114. Amended by P.L.354-1985, SEC.4; P.L.157-1991, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7. Miscellaneous Township Recreation Provisions › 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 is not a county seat.
(b) If there is a public park or playground in the township under the jurisdiction of the township, the township executive shall manage the park or playground. The executive shall keep complete records of the management and all related transactions, including receipts such as fees, concessions, licenses, permits, and sales. The receipts shall be credited to the general fund of the township.
(c) An executive who violates this section commits a Class C infraction.
[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 17-4-39-3; subsection (c) formerly 17-4-39-4.]
As added by Acts 1981, P.L.309, SEC.114.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7. Miscellaneous Township Recreation Provisions › 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 a population between two thousand (2,000) and three thousand (3,000).
(b) The township executive may accept, acquire, and maintain grounds and structures to be used as public parks upon petition of at least fifty-one percent (51%) of the resident taxpayers of the township.
(c) Whenever a park has been established in the township, the legislative body shall, at its annual meeting and annually each following year, levy a tax not exceeding one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of taxable property in the township. The money shall be set aside in a public park fund to be used by the executive for the maintenance and improvement of the park and for no other purpose.
[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 17-4-42-1; subsection (c) formerly 17-4-42-2.]
As added by Acts 1981, P.L.309, SEC.114. Amended by P.L.157-1991, SEC.12; P.L.6-1997, SEC.235.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7. Miscellaneous Township Recreation Provisions › 36-10-7-9. Membership of Department and Board of Parks and Recreation of Certain Townships

Sec. 9. (a) This section applies to the township having the largest population in the following counties:
(1) A county having a population of more than sixty-six thousand six hundred (66,600) and less than seventy thousand (70,000).
(2) A county having a population of more than three hundred thousand (300,000) and less than three hundred fifty thousand (350,000).
(b) Notwithstanding IC 36-10-7.5-5, the department of parks and recreation of a township described in subsection (a) consists of four (4) members appointed by the township executive on the basis of the members' interest in and knowledge of parks and recreation. The members of a board governed by this section may include any of the following:
(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; P.L.119-2012, SEC.240; P.L.104-2022, SEC.221.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 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 under section 5.5 of this chapter.
As added by P.L.271-1993, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-2. "Department" Defined

Sec. 2. As used in this chapter, "department" refers to a department of parks and recreation created under section 5 of this chapter.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-3.5. "Park Governor" Defined

Sec. 3.5. As used in this chapter, "park governor" means the following:
(1) The executive, if a township park and recreation board is not established under section 5.5 of this chapter.
(2) The township park and recreation board, if a township park and recreation board is established under section 5.5 of this chapter.
As added by P.L.271-1993, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-4. "Superintendent" Defined

Sec. 4. As used in this chapter, "superintendent" refers to a superintendent 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.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 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 a resolution creating a department of parks and recreation under this chapter and repealing prior resolutions creating other park and recreation authorities. Except as provided in IC 36-10-7-9, the department consists of:
(1) the park governor;
(2) the superintendent of parks and recreation, if the township has 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, all books, papers, documents, and other property of former park and recreation authorities are transferred to and become the property of the department.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-5.5. Township Park and Recreation Board

Sec. 5.5. (a) In a township having a department of parks and recreation established under section 5 of this chapter, the executive may establish a township park and recreation board.
(b) A township park and recreation board established under this section consists of:
(1) the executive; and
(2) three (3) persons appointed by the executive to serve at the pleasure of the executive.
(c) The executive or an appointed member of the township park and recreation board established under this section remains a member of the board until a successor is elected or appointed and qualified.
As added by P.L.271-1993, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 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 the department.
(2) Establish rules governing the use of the park and recreation facilities by the public.
(3) Provide police protection for park property and activities, either by requesting assistance from state, municipal, or county police authorities, or by having specified employees deputized as police officers. The deputized employees, however, are not eligible for police pension benefits or other emoluments of police officers.
(4) Appoint the necessary administrative officers of the department and fix their duties.
(5) Establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics.
(6) Make recommendations and an annual report to the legislative body concerning the operation of the department and the status of park and recreation programs in the township.
(7) Prepare and submit an annual budget in the same manner as other budgets of the township.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 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 the operation of park and recreation programs and related services.
(3) Contract with another park board, a unit, or a school corporation for the use of park and recreation facilities or services. A township or school corporation may contract with the park governor for the use of park and recreation facilities or services.
(4) Acquire and dispose of real and personal property, either within or outside Indiana.
(5) Exercise the power of eminent domain under statutes available to townships.
(6) Sell, lease, or enter into a royalty contract for the natural or mineral resources of park land, the money received to be deposited in a nonreverting capital fund of the department.
(7) Engage in self-supporting activities as prescribed in this chapter.
(8) Contract for special and temporary services and for professional assistance.
(9) Delegate authority to perform ministerial acts in all cases except where final action of the park governor is necessary.
(10) Prepare, publish, and distribute reports and other materials relating to activities authorized by this chapter.
(11) Sue and be sued collectively by its legal name, as the "________________ (township's name) Park and Recreation Department governor", with service of process being had upon the executive, but costs may not be taxed against the township in any action.
(12) Invoke any legal, equitable, or special remedy for the enforcement of:
(A) this chapter;
(B) a park or recreation resolution; or
(C) an action taken by the park governor under this chapter or a resolution.
(13) Release and transfer, by resolution, a part of the area over which the park governor has jurisdiction for park and recreational purposes to park authorities of another unit for park and recreational purposes upon petition of the park or recreation governing authority of the acquiring unit.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-8. Lease of Buildings and Grounds

Sec. 8. The park governor may lease any buildings or grounds that:
(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 lease may authorize the lessee to provide upon the premises educational, research, veterinary, or other proper facilities for the exhibition of wild or domestic animals in wildlife parks, dining facilities, swimming facilities, golf courses, skating facilities, dancing facilities, amusement rides generally found in amusement parks, or other recreational facilities. A lease may be made for more than one (1) year only to the highest and best bidder after notice that the lease will be made has been given by publication in accordance with IC 5-3-1.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-9. Sale of Surplus Property; Appraisal

Sec. 9. (a) The park governor may sell or order sold through a designated representative by public or private sale any personal property that the park governor has declared to be surplus and declared to have an aggregate appraised value not greater than five thousand 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 a reasonable selling price for each kind of surplus item and must publish the following information in the manner provided in IC 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 than the reasonable selling price determined by the qualified appraiser.
(c) If the park governor decides to sell at a public sale, the park governor shall conduct the sale in the manner provided by law for the township to sell surplus property.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-10. Conference Attendance

Sec. 10. If the park governor determines that the executive or any park employee should attend a state, regional, or national conference dealing with park and recreation problems, the park governor may authorize the payment of the actual expenses involved in attending the conference. However, the amount must be available as part of the department's appropriation.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-11. Superintendent; Appointment; Qualifications

Sec. 11. (a) The park governor may appoint a superintendent of parks and recreation. The park governor may not consider political affiliation in the selection of the superintendent.
(b) The superintendent must:
(1) be qualified by training or experience in the field of parks and recreation; or
(2) have a certification or an advanced degree in the field of parks and recreation.
(c) An incumbent township employee performing park and recreation functions in a supervisory capacity at the time a township adopts a creating resolution under this chapter is eligible for appointment as superintendent or as an assistant, but the employee must have the required training, experience, or certification.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-12. Powers and Duties of Superintendent

Sec. 12. Under the direction of the park governor, the superintendent of the township shall do the following:
(1) Propose annually to the park governor a plan for the operation 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 papers and documents of the department.
(5) Recommend persons for appointment as assistants if the park governor determines there is a need for assistants.
(6) Appoint the employees of the department, subject to the approval of the park governor according to the standards and qualifications fixed by the park governor and without regard to political 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.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-13. Assistants to Superintendent

Sec. 13. (a) If the park governor determines that the size of the department's operation requires assistants for the superintendent, the park governor may appoint, upon the recommendation of the superintendent, at least one (1) assistant. The park governor shall determine the assistant's qualifications on a basis similar to that prescribed for the superintendent.
(b) Each assistant is directly responsible to the superintendent and shall perform the duties specified by the superintendent.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-14. Officers' and Employees' Bonds and Crime Policies

Sec. 14. (a) Each officer and employee who handles money in the performance of duties under this chapter must execute an official bond for the term of office or employment before entering upon the duties of the office or employment.
(b) The fiscal body of the township may under IC 5-4-1-18 authorize the purchase of a blanket bond or crime insurance policy endorsed to include faithful performance to cover all officers' and employees' faithful performance of duties. The amount of the bond or crime insurance policy shall be fixed by the fiscal body and approved by the park governor.
(c) All official bonds shall be filed and recorded in the office of the county recorder of the county in which the department is located.
(d) The commissioner of insurance shall prescribe the form of the bonds 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.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-15. Advisory Council or Special Committee; Membership; Responsibilities

Sec. 15. (a) The park governor may create an advisory council or special committees composed of citizens who are interested in parks and recreation.
(b) In selecting an advisory council or a special committee, the park governor shall give consideration to the groups in the community particularly interested in parks and recreation. When creating an advisory council or a special committee, the park governor shall specify the terms of the members and the purposes for which the council or committee is created.
(c) An advisory council or a special committee shall do the following:
(1) Study the subjects and problems specified by the park governor and recommend to the park governor additional problems in need of study.
(2) Advise the park governor concerning these subjects, particularly as they relate to different areas and groups in the community.
(3) Report only to the park governor.
(4) Make inquiries and reports only in those areas specified by the park governor.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-16. Gifts, Grants, and Transfers

Sec. 16. (a) The park governor may accept gifts, donations, and subsidies for park and recreational purposes. However, a gift or transfer of property to the park governor may not be made without the approval of the park governor.
(b) A gift or grant of money shall be deposited in a special nonreverting fund to be available for expenditure by the park governor for purposes specified by the grantor. The fiscal officer of the township may draw warrants against the fund only upon vouchers signed by the executive.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-17. Special Benefit Taxes; Provision of Operating Revenues

Sec. 17. (a) The territory within the boundaries of the township comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes as provided in this chapter.
(b) The fiscal body of the township shall determine and provide the revenues necessary for the operation of the department or for capital 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.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-18. Special Nonreverting Capital Fund

Sec. 18. (a) Upon the request of the executive, the fiscal body of the township may establish by resolution a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The fiscal body may include in the department's annual budget an item and an appropriation for these specific purposes.
(b) Money placed in the special nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the fiscal body repeals the resolution. The fiscal body may not repeal the resolution under suspension of the rules.
As added by P.L.157-1991, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-19. Township Park and Recreation Cumulative Building Fund

Sec. 19. (a) The fiscal body may establish a cumulative building fund under IC 6-1.1-41 to provide money for:
(1) building, remodeling, and repair of park and recreation facilities; or
(2) purchase of land for park and recreation purposes.
(b) To provide for the cumulative building fund, the township fiscal body may levy a tax in compliance with IC 6-1.1-41 not greater than one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed valuation of taxable property within the township.
(c) The tax shall be collected and held in a special fund known as the 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.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-20. Fees; Management and Deposit of Collections

Sec. 20. (a) Park and recreation facilities and programs shall be made 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 upon request of the executive any of the following:
(1) A special nonreverting operating fund for park purposes from which expenditures may be made as provided by resolution by appropriation by the board township fiscal body.
(2) A special nonreverting capital fund for the purpose of acquiring land or making specific capital improvements from which expenditures may be made by appropriation by the township fiscal body.
(c) The fiscal body shall designate the fund or funds into which the township fiscal officer shall deposit fees from golf courses, swimming pools, skating rinks, or other major facilities requiring major expenditures for management and maintenance.
(d) Money received from fees other than from major facilities or received from the sale of surplus property shall be deposited by the township fiscal officer either in the special nonreverting operating fund or in the nonreverting capital fund as directed by the fiscal body. However, if neither fund has been established, money received from fees or from the sale of surplus property shall be deposited in the township general fund.
(e) Money placed in the special nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the fiscal body repeals the resolution establishing the fund. The fiscal body may not repeal the resolution under suspension of the rules.
(f) Money procured from fees or received from the sale of surplus property under this chapter shall be deposited at least one time each month with the fiscal officer of the township.
As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-23. Bond Issue; Notice and Hearing

Sec. 23. (a) Before bonds may be issued under this chapter, the legislative body shall give notice of a public hearing to disclose the purposes for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data.
(b) The legislative body shall publish in accordance with IC 5-3-1 a notice of the time, place, and purposes of the hearing.
As added by P.L.157-1991, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-24. Funds From Bond Proceeds; Use; Surplus

Sec. 24. All proceeds from the sale of bonds issued under this chapter shall be kept in a separate fund. The fund shall be used to pay for land and other property acquired and for the construction of a work under the resolution, including all costs and expenses incurred in connection with the project. The fund may not be used for any other purpose. The fund shall be deposited as provided in this chapter. A surplus remaining from the proceeds of the bonds after all costs and expenses are paid shall be paid into and becomes a part of the district bond fund.
As added by P.L.157-1991, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-25. Tax Levy; District Bond Fund

Sec. 25. (a) To raise money to pay all bonds issued under this chapter, the fiscal body shall levy annually a special tax upon all of the real and personal property located in the district sufficient to pay the principal of the bonds as the bonds mature, including accrued interest. The fiscal body shall have the tax to be levied each year certified to the auditor of the county in which the township is located at the time for certification of tax levies. The tax shall be collected and enforced by the county treasurer in the same manner as other taxes are collected and enforced.
(b) As the tax is collected, the tax shall be accumulated and kept in a separate fund to be known as the district bond fund. The tax shall be applied to the payment of the bonds and interest as the bonds mature and may not be used for another purpose.
As added by P.L.157-1991, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 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 contract with a not-for-profit corporation providing detailed terms and conditions 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 term of the bonds.
As added by P.L.157-1991, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 7.5. Township General Park and Recreation Law › 36-10-7.5-27. Bondholder Rights Under Other Statutes

Sec. 27. The general assembly covenants that it will not repeal or amend:
(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 long as the bonds are outstanding.
As added by P.L.157-1991, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-1. Application of Chapter

Sec. 1. This chapter applies to all counties not having a consolidated city.
As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.16-1983, SEC.22.