Indiana Code
Chapter 4. Parks Department in Certain Cities
36-10-4-9. Control of Property Within District; Public Ways Passing Through Park Property; Powers of Board

Sec. 9. (a) The board has, subject to statute and to the right given by section 5 of this chapter to other municipalities within the district to operate separate parks and recreational facilities, exclusive control of all property within the district used for park purposes.
(b) In addition, the part of all public ways that pass through park property is considered to be a part of this property and is also under the control of the board.
(c) The board may do the following:
(1) Acquire, lay out, and improve land for park purposes in the district and may equip, operate, maintain, and regulate the public use of that property.
(2) Appoint a secretary, and, in the secretary's absence a secretary pro tempore, landscape architects, engineers, surveyors, attorneys, clerks, guards, laborers, playground directors, and other employees, prescribe their duties and authority, and fix their compensation. If a superintendent of the department is appointed, the secretary shall be appointed under IC 36-4-9-2.
(3) Make rules not in conflict with statutes or the ordinances of the city for the management of the property under its control.
(4) Require the department of public safety of the city to detail police officers to execute the orders and enforce the rules made by the board and to be subject to the board, with the city executive deciding any disagreement between the two (2) departments as to the number and duration of the details of police officers.
(5) Locate, erect, and maintain fountains in parks, as well as in the public ways that form the boundaries of parks, or intersect with them.
(6) Erect and maintain suitable fences around parks.
(7) Seize and impound animals found running at large in any of the parks, including establishing suitable places for the impounding.
(8) Lease or sell any buildings, grounds, materials, equipment, or any parts of them owned by the city that are under the control of the department and that the board determines are not required for park purposes, permitting any other department of the city or the school city to occupy or use the property upon terms that are approved by the executive. All sums realized from the lease, sale, or other disposition of property shall be deposited in the city treasury to the credit of the department and expended for park purposes. All buildings and structures erected upon land under the control of the board are under the control of the board, and the board may not permit the erection of any building or structure upon land unless it becomes the property of the city. A lease or sale of minerals, mineral rights, or royalties for minerals for more than one (1) year from land owned by a second class city or a lease for more than one (1) year in a city that adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981) may be made only to the highest and best bidder after notice of the sale or lease has been given by publication in accordance with IC 5-3-1.
(d) The board may also do the following:
(1) Vacate public ways, or parts of them, on land under the control of the board in the same manner as the city works board may vacate them.
(2) Take over and control public ways, or parts of them, within the city and convert them into boulevards or pleasure driveways if they connect with or run into or through a park, parkway, or boulevard or are necessary for the establishment of a park or boulevard system in the city, including grading, improving, and beautifying them and relinquishing to other departments of the city the control of a public way or parkway in streets taken over that are not necessary or desirable for maintenance as part of the park system of the city.
(3) Petition the proper board of the city to construct any necessary drainage or sanitary sewers and connections in a public way or parkway bordering park property and require a public service corporation to lay, install, and connect water and gas mains and electric light conduits in and along a boulevard or park drive when reasonably necessary.
[Pre-Local Government Recodification Citations: 19-7-9-5 part; 19-7-30-9 part; 19-7-15-1.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.45, SEC.97; Acts 1981, P.L.320, SEC.13; P.L.3-1990, SEC.139; P.L.127-2017, SEC.380.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 10. Recreation, Culture, and Community Facilities

Chapter 4. Parks Department in Certain Cities

36-10-4-1. Application of Chapter

36-10-4-2. Definitions

36-10-4-3. Department of Public Parks; Establishment; Board of Park Commissioners; Membership; Compensation; Oath

36-10-4-4. Commissioner; Appointment; Removal

36-10-4-5. Second Class City; Resolution to Extend Boundaries; Remonstrance; Referendum; Election; Effective Date of Extension; Operation of Parks

36-10-4-6. Extended Districts in Certain Counties; Board of Park Commissioners; Term; Vacancy

36-10-4-6.1. Extended Districts in Other Counties; Board of Park Commissioners; Term; Vacancy

36-10-4-7. Board of Park Commissioners; Election of Officers; Quorum; Regular Meetings; Office; Report; Disposition of Money Received

36-10-4-8. Taxing District for Levying Special Benefit Taxes

36-10-4-9. Control of Property Within District; Public Ways Passing Through Park Property; Powers of Board

36-10-4-10. Powers of Board Extended Five Miles Outside Corporate City Boundaries

36-10-4-11. Shade Trees and Lawns Along Public Ways; Resolution Assessing Cost; Hearing; Assessments; Playgrounds; Public School Grounds or Buildings

36-10-4-12. Open Spaces for Park, Recreational, or Civic Purposes

36-10-4-13. Law Governing Adoption of Plans, Giving of Notice, and Receiving of Bids in Letting of Contract

36-10-4-14. Actions to Recover Damages for Breach of Agreement, Penalties for Violation of Ordinance, Damages for Injury to Property, and Possession of Property

36-10-4-15. Publication of Rules Adopted by Board

36-10-4-16. Taxes; Disbursements; Borrowing; General Park Fund; Special Funds; Fees; Deposits; Withdrawals

36-10-4-17. Granting of Public Utility Franchise

36-10-4-18. Ordinance Authorizing Sale of Park Lands; Disposition of Proceeds

36-10-4-19. Building Lines; Establishment by Resolution; Nature of Rights in Land Between Building Line and Park Property; Procedure; Regulation of Use of Property; Conflict of Interest

36-10-4-20. Acquisition of Property for Various Purposes; Holding Property in Trust; Establishment of Museums; Contracts for Management and Maintenance of Facilities

36-10-4-21. Eminent Domain; Damages; Prior Public Use

36-10-4-22. Authority Concerning Rivers, Streams, and Waterways

36-10-4-23. Improvement of Parkway, Pleasure Driveway, or Boulevard; Orders; Assessment of Costs; Remonstrance; Changing and Fixing Grade

36-10-4-24. Appropriation of Property; Purposes

36-10-4-25. Resolution to Acquire Property; Adoption; Contents; Notice of Adoption; Appraisal; Title; Hearing; Remonstrance, Final Action

36-10-4-26. Letting of Contract for Construction; Bidder's Deposit; Payment; Limitation of Cost; Validity of Contract

36-10-4-27. Properties Subject to Special Tax; Lands Subject to Special Assessment for Benefits; Determination of Benefits to All Property in City

36-10-4-28. Lists of Property Sought to Be Taken, Certain Property Incurring Particular Benefit, and Persons Affected Injuriously or Beneficially

36-10-4-29. Exempt Personal and Real Property; Exception

36-10-4-30. Awards; Determination; Notice Describing Location of Land Appropriated or Acquired

36-10-4-31. Notice to Mentally Incompetent Persons or Minors; Defects or Irregularities in Proceedings

36-10-4-32. Remonstrance Against Award or Assessment; Hearing; Decision; Appeal; Procedure; Costs

36-10-4-33. The Local Assessment Duplicate; Collection by County Treasurer; Payment Date; Foreclosure; Installment Payments; Law Governing; Assessment Bonds; Expense of Notices

36-10-4-34. Damage Awards; Certificates; Payment; Disputes as to Claimants

36-10-4-35. Bonds; Issuance; Purpose; Deduction of Benefits From Cost; Inclusion of Estimated Costs in One Bond Issue; Denomination; Issuance and Sale Procedure

36-10-4-36. Cumulative Building and Sinking Fund; Establishment; Levy of Tax

36-10-4-37. District Bond Fund; Proceeds From Sale of Bonds; Disposition of Fund

36-10-4-38. Special Tax to Pay Principal of Bonds and Accruing Interest; Collection; Accumulations of Fund Before Use for Payment

36-10-4-39. Payment for Land Taken or Purchased or Work Done by Contract; Recording of Land Description and Purpose of Acquisition

36-10-4-40. Separate Contracts With Another Party for Public Improvements or Repairs; Violation of Section