Title 36, LOCAL GOVERNMENT

Sec. 29. (a) Two (2) or more units may create a joint department of parks and recreation. (b) Only a unit that has by ordinance created a department under this chapter is eligible to participate in the creation of a joint department. (c) The boards of the units that desire to cre…

Sec. 3. (a) Except as provided in subsection (c) and section 3.1 of this chapter, the fiscal body of a unit may adopt an ordinance creating a department of parks and recreation and repealing in the ordinance or resolution prior ordinances or resolutions creating separate park and…

Sec. 3.1. (a) This section applies to all counties. (b) As used in this section, "ordinance" means an ordinance that creates a department in accordance with section 3 of this chapter. (c) This section may not be construed to allow for the creation of more than one (1) county boar…

Sec. 30. (a) A joint board shall be organized and shall function in the same manner as a separate board. The joint board consists of all the members of the separate boards. Two-thirds (2/3) of the members constitute a quorum, and official action must be authorized by two-thirds (…

Sec. 31. (a) The joint board shall determine its total budget request. The members of each participating unit shall present to their fiscal body the total budget and shall state the amount chargeable to their unit by the terms of the agreement and ordinance. If their fiscal body …

participating unit; termination; distribution of money remaining in fund; continuation of obligation Sec. 32. (a) A participating unit may withdraw from a joint department at the end of a fiscal year by repealing its adopting ordinance and filing a copy of the repealing ordinance…

Sec. 33. (a) A request to a municipality to extend park and recreation service to the unincorporated area of a township in which the municipality is located or in a township adjacent to the township in which the municipality is located may be made by at least the number of regist…

Sec. 34. (a) The board shall fix a date for a public hearing on each petition filed under section 33 of this chapter. The board shall publish in accordance with IC 5-3-1 a notice of the time, place, and purpose of the hearing. The cost of the notice shall be paid by the petitione…

Sec. 35. (a) If the fiscal body approves the petition and adopts the ordinance presented under section 34 of this chapter, the ordinance takes effect. (b) After the adoption of the ordinance, the fiscal body shall certify the question under IC 3-10-9-3 to the county election boar…

Sec. 36. (a) If a majority of those voting in a special election vote under section 35 of this chapter for the extension of park and recreation services, then at the beginning of the next fiscal year the area becomes part of the district of the department. (b) At the time the are…

Sec. 37. (a) After a favorable special election under section 35 of this chapter, all property in the area to which service is extended is subject to the same levy for park and recreational purposes as other property within the district. After determining the levy for park and re…

Sec. 38. (a) This section applies in a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000). (b) This section applies only if a municipality annexes or has annexed territory that is part of a district under t…

Sec. 39. (a) This section applies only to parks within the jurisdiction of a county board. (b) A person who knowingly discharges a firearm or shoots an arrow with a bow into or inside a park commits a Class B misdemeanor. (c) This section does not apply to an area that the board …

Sec. 4. (a) This subsection applies only in a third class city. A city board consists of four (4) members to be appointed by the city executive. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. In addition, the creating ordin…

Sec. 4.1. A town legislative body may, by a majority vote, waive any or all of the following requirements of a town board member under section 4(c) of this chapter: (1) The requirement that a member of the town board be affiliated with a political party. (2) The requirement that …

Sec. 4.2. (a) This section applies if an ordinance is: (1) adopted creating a county department under section 3.1(d) of this chapter; or (2) amended by the county fiscal body as to the composition of the county board as set forth in section 3.1(e) of this chapter. (b) The county …

Sec. 40. As an alternative to issuing bonds under section 24 of this chapter, the board may issue bonds payable from the county innkeeper's tax. The issuance of the bonds must be initiated by a resolution of the commission established by IC 6-9-7-2, recommending the issuance of t…

Sec. 41. The bonds may not be issued until they have been approved by the county council. After the county council has approved the issuance of the bonds, the county council may not reduce the innkeeper's tax rate below a rate that would produce one and twenty-five hundredths (1.…

Sec. 42. (a) The board shall hold a hearing as required by section 25 of this chapter. The board shall appropriate the proceeds of the bonds as required by law for special taxing district bonds. (b) IC 6-1.1-20-1, IC 6-1.1-20-2, and IC 6-1.1-20-5 apply to the issuance of the bond…

Sec. 43. After the sale of the bonds the secretary of the board shall certify to the county auditor a debt service schedule for the bonds. The schedule must provide that bonds that are payable from the innkeeper's tax imposed under IC 6-9-7 are retired before August 1, 1999. As a…

Sec. 44. The board may enter into a lease or contracts with not-for-profit corporations providing detailed terms and conditions for: (1) the performance of historical pageants and entertainments; and (2) the charging of admissions and maintenance of the facilities. The contract m…

Sec. 45. 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 outstandi…

Sec. 5. (a) Initial appointments to a municipal board are as follows: (1) One (1) member for a term of one (1) year. (2) One (1) member for a term of two (2) years. (3) One (1) member for a term of three (3) years. (4) One (1) member for a term of four (4) years. As a term expire…

Sec. 6. An individual who is appointed a member serves at the pleasure of the member's appointing authority as long as: (1) the officeholder who appointed the individual continues to hold the office; or (2) the board, committee, or body that appointed the individual retains all o…

Sec. 7. If a municipality is located in a county having a county board, the municipal and county boards may each designate a member to sit with the other board in an advisory capacity. [Pre-Local Government Recodification Citation: 19-7-4-14.] As added by Acts 1981, P.L.309, SEC.…

Sec. 8. (a) All meetings of the board are open to the public. The board shall fix the time and place of its regular meetings, but it shall meet at least quarterly. (b) Special meetings of the board may be called by the president or by any two (2) members by written request to the…

Sec. 9. (a) The members of the board may receive a salary in an amount fixed by the fiscal body. (b) If the board determines that members or employees should attend a state, regional, or national conference dealing with park and recreation problems, the board may authorize the pa…

Sec. 1. (a) The establishment of a district may be initiated only by the governing body. (b) The dissolution of a district may be initiated only by the governing body. (c) A notice of intent to establish or dissolve a district must be filed in: (1) the office of the executive of …

Sec. 10. Following a hearing under this chapter, if the governing body determines that the findings of the hearing officer show that: (1) the proposed district appears capable of accomplishing the purpose or purposes of the district in an economically feasible manner, a district …

Sec. 11. The district shall provide notice of the adoption of an ordinance under section 10 of this chapter to: (1) local health departments; (2) the department of environmental management; (3) the department of natural resources; and (4) the Indiana department of health. As adde…

Sec. 12. A district established under this chapter is not an independent municipal corporation. As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

Sec. 13. An ordinance adopted under section 10 of this chapter to establish a district must state the following: (1) The name of the district. (2) The need for the district. (3) The purpose to be accomplished by the district. (4) An accurate description of the territory included …

Sec. 14. (a) If the governing body adopts an ordinance under section 10 of this chapter to establish a district, a person who filed a written objection under section 8 of this chapter against the establishment of the district may file an objecting petition in the office of the co…

Sec. 2. A notice of intent to establish a district under this chapter must state the following: (1) The proposed name of the district. (2) The place in which the district's principal office is to be located. (3) The following information: (A) The need for the proposed district. (…

Sec. 3. A notice of intent to dissolve a district under this chapter must state the reasons why the district is not needed. As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

Sec. 4. The district may include area that is not contiguous, but the territory must be so situated that the public health, safety, convenience, or welfare will be promoted by the establishment of the area described as a single district. As added by P.L.161-2002, SEC.2 and P.L.17…

Sec. 5. (a) Except as provided in subsection (b), the description of the area to be included in a district may not include a municipality. (b) The description of the area to be included in a district may include area located within a municipality if the municipal legislative body…

Sec. 6. Upon the filing of a notice of intent to establish or dissolve a district under this chapter, the governing body shall appoint a hearing officer to preside over public hearings concerning the establishment or dissolution of a district. The hearing officer does not have to…

Sec. 7. (a) The hearing officer shall fix a date, time, and place inside or within ten (10) miles of the proposed district for the hearing on any matter for which a hearing is authorized under this chapter. (b) The hearing officer shall provide notice of the hearing: (1) under IC…

Sec. 8. A person that resides in or partially resides in an area affected by the proposed establishment or dissolution of a district: (1) may, on or before the date set for the hearing, file a written objection to the proposed establishment or dissolution of the district; and (2)…

Sec. 9. (a) After the hearing on the proposed establishment or dissolution of the district, which may be adjourned periodically, the hearing officer shall make findings and recommendations as to whether: (1) the establishment of the district should be: (A) approved; (B) approved …

Sec. 1. This chapter applies only to Class 1 public libraries. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-1.] As added by P.L.1-2005, SEC.49.

Sec. 10. The library board may do the following: (1) Adopt a resolution to make loans or issue notes to refund the loans in anticipation of revenues of the library that are expected to be levied and collected during the term of the loans. The term of a loan made under this subdiv…

Sec. 11. (a) A library board shall establish funds to keep money and securities of the public library as follows: (1) All money collected from tax levies, interest on investments, fees, fines, rentals, and other revenues: (A) shall be deposited into the library operating fund, ex…

Sec. 12. (a) The library board shall determine the rate of taxation for the library district that is necessary for the proper operation of the library. The library board shall certify the rate to the county auditor. An additional rate may be levied under section 10(4) of this cha…

Sec. 13. A township may appropriate general revenue sharing funds that the township receives under the federal State and Local Fiscal Assistance Act of 1972, as amended, to a Class 1 public library. Other units have authority under IC 36-10-2-4 to aid public libraries through any…