Sec. 11. (a) The board may:
(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 board, a unit, or a school corporation for the use of park and recreation facilities or services, and a township or school corporation may contract with the board 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 municipalities;
(6) sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns, the money received to be deposited in a nonreverting capital fund of the board;
(7) engage in self-supporting activities as prescribed by section 22 of 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 board 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 "__________ (unit's name) Park and Recreation Board", with service of process being had upon the president of the board, but costs may not be taxed against the board or its members in any action;
(12) invoke any legal, equitable, or special remedy for the enforcement of this chapter, a park or recreation ordinance, or the board's own action taken under either; and
(13) release and transfer, by resolution, a part of the area over which it 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 board of the acquiring unit.
(b) The board may also lease any buildings or grounds belonging to the unit and located within a park to a person for a period not to exceed 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.
(c) Notwithstanding subsection (b), the board may lease buildings or grounds belonging to the unit for a period of more than one (1) year without soliciting the highest and best bidder or providing notice under IC 5-3-1 if:
(1) the buildings or grounds are leased to an Indiana nonprofit corporation;
(2) the buildings or grounds are operated as a public golf course; and
(3) the golf course remains subject to rules and regulations promulgated by the board.
[Pre-Local Government Recodification Citations: 19-7-4-21 part; 19-7-4-44; 19-7-4-70.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.6; P.L.228-1986, SEC.1; P.L.35-1990, SEC.72; P.L.328-1995, SEC.1.
Structure Indiana Code
Article 10. Recreation, Culture, and Community Facilities
Chapter 3. General Park and Recreation Law
36-10-3-1. Application of Chapter
36-10-3-4. Municipal Parks and Recreation Board; Members; Appointing Authorities
36-10-3-4.1. Town Board; Waiver of Requirements
36-10-3-4.2. County Board; Membership
36-10-3-5. Board of Park and Recreation; Initial Appointments; Vacancy
36-10-3-6. Board Member; Removal; Procedure
36-10-3-7. Board of Park and Recreation; Advisory Member
36-10-3-8. Board of Park and Recreation; Regular and Special Meetings; Election of Officers; Quorum
36-10-3-9. Board of Park and Recreation; Compensation
36-10-3-10. Board of Park and Recreation; Duties
36-10-3-11. Board of Park and Recreation; Powers
36-10-3-13. Superintendent of Parks and Recreation; Appointment; Qualifications; Incumbents
36-10-3-14. Superintendent of Parks and Recreation; Duties
36-10-3-15. Assistant Superintendent of Parks and Recreation; Appointment; Qualifications; Duties
36-10-3-16. Officers' and Employees' Bonds and Crime Policies
36-10-3-17. Advisory Council and Special Committees; Composition; Selection; Duties; Reports
36-10-3-18. Gifts, Donations, and Subsidies; Approval; Disposition
36-10-3-20. Special Nonreverting Capital Fund; Purposes; Withdrawals
36-10-3-21. Cumulative Building Fund; Establishment; Levy of Tax; Collection of Tax
36-10-3-22. Fees for Particular Activities; Special Funds; Deposits; Withdrawals
36-10-3-24. Bonds; Purpose; Denominations; Interest Exempt From Taxation; Limitations
36-10-3-25. Bonds; Notice; Hearing; Ordinance Approving Issue
36-10-3-26. Bonds; Disposition of Proceeds
36-10-3-27. Levy of Special Tax on Real and Personal Property; Park District Bond Fund
36-10-3-29. Joint Department of Parks and Recreation; Creation; Eligibility; Agreement; Amendments
36-10-3-31. Joint Board of Parks and Recreation; Budget Request; Disposition of Money Appropriated
36-10-3-33. Extension of Service to Unincorporated Area; Request; Petition
36-10-3-40. Issuance of Bonds Payable From County Innkeeper's Tax
36-10-3-41. Approval of Bond Issuance by County Council; Reduction of Innkeeper's Tax Rate
36-10-3-42. Hearing; Appropriation of Proceeds; Sale
36-10-3-43. Certification of Debt Service Schedule; Time for Retirement of Bonds
36-10-3-45. Sections Not to Be Repealed During Period of Outstanding Bonds