Section 36-10-7-5 - Acquisition of land for park purposes in certain townships; procedure; establishment, maintenance, and improvement of parks; issuance of bonds; tax levy; park and recreation fund; fees; appointment and duties of parks superintendent(a) This section applies to a township having a population of more than one hundred fifty thousand (150,000) located in a county having a population of more than four hundred thousand (400,000) and 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 park purposes within the township, either inside or outside the corporate boundaries of a municipality, and may make necessary improvements.(c) If the executive does not purchase, accept, or acquire land within the township for park purposes or make necessary improvements, two hundred (200) resident taxpayers and voters of the township may petition the executive and the legislative body in writing to:(1) purchase, accept, or otherwise acquire the land described in the petition so that a township park may be established under this section; or(2) make the improvements designated in the petition. The petition must be addressed to the executive and legislative body and bear the signatures and addresses of the petitioners in ink, acknowledged before a notary public. After the petition is filed in the office of the executive, the executive shall have notice of the filing published in accordance with IC 5-3-1. The notice must name a date at least sixty (60) days after the date of the last publication on which the executive and legislative body will hear and consider the petition. The notice constitutes notice of the proceedings to all taxpayers within the township, whether resident or nonresident.
(d) At the hearing the executive and legislative body shall hear and consider all remonstrances, whether written and signed in ink or from a resident of the township upon the question of whether the land should be purchased, accepted, or acquired by the township and a township park established, maintained, and improved. After the hearing, the executive and legislative body shall approve the petition unless twenty percent (20%) of the resident taxpayers of the township remonstrate in writing by filing their remonstrance on or before the day fixed for the hearing. In that case the executive and legislative body shall dismiss the petition.(e) If land has been acquired for park purposes, the executive shall establish a park. After it is established, the executive shall provide for necessary improvements and construct facilities for the comfort and convenience of the public in the township park. Except as otherwise provided, all expenses incurred shall be paid out of the park and recreation fund of the township.(f) If a park or parkland is acquired by a township under this section and the expense of the acquisition or of the development and improvement of the park is too great to be borne by the park and recreation fund of the township, the legislative body may authorize its chair to issue the bonds of the township to procure money for these purposes. However, the total bonded indebtedness of the township for park purposes may not exceed one million dollars ($1,000,000). Upon special notice of the chair in writing to each member of the legislative body stating the time, place, and purpose of the meeting, the legislative body may determine whether to issue the bonds of the township to pay the cost of acquiring, developing, or improving the park or parkland. If the legislative body determines that it is of public benefit to issue the bonds of the township, the legislative body, by a special order entered and signed upon the record, may authorize its chair to issue the bonds of the township. 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 than their par value. Before issuing the bonds, the chair shall publish notice of their sale in accordance with IC 5-3-1. The notice must state the amount of bonds offered, the denomination, the period to run, the rate of interest, and the date, place, and hour of sale. The legislative body shall attend the sale and must concur before bonds are sold.(g) The legislative body shall annually levy a sufficient tax to pay at least one-tenth (1/10) of the amount of the bonds, together with the accrued interest, each year, and the legislative body shall apply the annual tax to the payment of the bonds and interest each year. The tax levy is in addition to all other tax levies authorized by statute. A tax levy authorized by this section shall be levied and collected on all property within the boundaries of the township, including municipalities.(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's legislative body for park purposes only. The cost of the maintenance and improvement of the park shall be paid out of the park and recreation fund of the township, and the legislative body shall increase the levy of the fund each year by an amount sufficient to provide 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 other similar facilities requiring major expenditures for maintenance and improvement shall be deposited in the park and recreation fund and shall be appropriated by the township legislative body either in the annual budget or by additional appropriation in the manner as set out in IC 6-1.1-18-5.(j) The executive shall appoint a superintendent of parks. Said appointment shall be made within thirty (30) days of a vacancy in the position of superintendent of parks. If the executive fails to make said appointment within the prescribed period, the legislative body shall have the power to make said appointment. Political affiliation may not be considered in the selection of the superintendent. The superintendent must: (1) be qualified by training or experience in the field of parks and recreation; and(2) have a certificate or an advanced degree in the field of parks and recreation.(k) The superintendent must do the following: (1) Propose annually to the executive a plan for the operation of the 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 and documents of the park.(5) Keep accurate records of park income and expenditures in the manner prescribed by the state board of accounts.(6) Appoint and discharge employees of the park without regard to 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 the superintendent that must contain the terms and conditions of the superintendent's employment.Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 17-4-40-1; subsection (c) formerly 17-4-40-2; subsection (d) formerly 17-4-40-3; subsection (e) formerly 17-4-40-4; subsection (f) formerly 17-4-40-5; subsection (g) formerly 17-4-40-6; subsection (h) formerly 17-4-40-7.
Amended by P.L. 11-2023,SEC. 133, eff. 7/1/2023.Amended by P.L. 127-2017,SEC. 386, eff. 7/1/2017.As added by Acts1981 , P.L. 309, SEC.114. Amended by Acts1982 , P.L. 6, SEC.29; Acts1982 , 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.