ORDINANCE 2011-02
ORDINANCE OF THE TOWN COUNCIL OF
LEO-CEDARVILLE, INDIANA

AN ORDINANCE ESTABLISHING A DEPARTMENT OF PARKS AND RECREATION FOR THE TOWN OF LEO-CEDARVILLE, INDIANA

WHEREAS the Town of Leo-Cedarville maintains public parks as a service to residents, and

WHEREAS the amount of public park land has increased, and

WHEREAS the management of existing parks is provided by appointed advisory boards with advocacy functions only, and

WHEREAS the day to day operations of the parks is being accomplished through the town office and town maintenance department, and

WHEREAS it is now desirable to streamline and consolidate the operations and management of the town’s parks,

NOW THEREFORE, The Town Council for the Town of Leo-Cedarville hereby creates a Municipal Park and Recreation Board under Indiana Code 36-10-3-3 to be known as the Leo-Cedarville Municipal Park Board.

I) Board Composition:   The Leo-Cedarville Municipal Park Board, hereafter referred to as “the Board”, shall be composed of four (4) members appointed by the Leo-Cedarville Town Council. 36-10-3-4(b).  In addition, the Municipal Park Board shall have one (1) ex officio member who is a member of the governing body of the East Allen County School Corporation, as selected by that body. I.C. 3-10-3-4(b).  The ex officio member shall have all the rights of the regular board members, including the right to vote.  A vacancy in the ex officio position shall be filled by the School Corporation.  The Board members selected by the Town Council shall be selected as follows:
A. Board members shall be appointed on the basis of their knowledge and interest of parks and recreation.
B. No more than two (2) members may be affiliated with the same political party except in the situation described in IC 36-10-3-4.1 waiver of requirements and following the prescribed waiver procedure.
C. Members of the board must be residents of the town.
D. Municipal executives or members of the Leo-Cedarville Town Council may not serve on the board. [36-10-3-4(e)]
II) Terms of Appointments
A. Initial appointments to the park board are as follows:
1. Two (s) members 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.
B. As each term expires, each new appointment is for a four- (4) year term. All terms will expire on the first Monday in January, but a member continues in office until a successor is appointed. [36-10-3-5 (a 1-4)]
C. The Leo-Cedarville Town Council shall make initial appointments within ninety (90) days after the creation of the Leo-Cedarville Municipal Park Board. [36-10-3-5 (c)]
D. If an appointment for any new term is not made by the first Monday in April, the incumbent shall serve another term. [36-10-3-5 (d)]
E. In making initial appointments, the Leo-Cedarville Town Council, in order to provide continuity of experience and programs, shall give special consideration to the appointment of members from previous park or recreation boards. [36-10-3-5 (e)]
F. If a vacancy on the board occurs, the Leo-Cedarville Town Council shall appoint a person to serve for the remainder of the un-expired term. [36-10-3-5 (f)]
III) Leo-Cedarville Municipal Park Board member removal procedure.
A. A member may be removed only for cause, upon specific, written charges filed against them.
B. The charges shall be filed with and heard by the Leo-Cedarville Town Council, unless the Leo-Cedarville Town Council is bringing the charges. If the Leo-Cedarville Town Council is bringing the charges, the Town Council of Leo-Cedarville shall appoint a hearing officer.
C. The person to hear the charges shall fix a date for a public hearing and give public notice at least ten (10) days in advance of the hearing.
D. At the hearing, the member is entitled to present evidence and argument and be represented by counsel. [36-10-3-6]
IV) Regular and special meetings of the Leo-Cedarville Municipal Park Board, election of officers, quorum. [36-10-3-8]
A. Meetings
1. All meetings of the board are open to the public.
2. The board shall fix and publicize the time and place of its regular meetings.
3. The board shall meet at least quarterly.
4. Special meetings of the board may be called by the board president or by any two (2) board members by written request to the secretary. The secretary shall send to each member, at least two (2) days before a special meeting, a written notice fixing the time, place, and purpose of the meeting.
B. Officers
1. At its first regular meeting each year the board shall elect a president and a vice president.
2. The vice president may act as president during the absence or disability of the president.
3. The board may select a secretary either from within or outside its membership.
C. Quorum.
1. A majority of the members constitutes a quorum.
2. Action of the board is not official unless it is authorized by at least three (3) members present and acting.
V) Compensation for the Leo-Cedarville Municipal Park Board [36-10-3-9 (b-d)]
A. Board members will be paid a per diem for each meeting of the board attended. The per diem will be set annually by the salary ordinance for the Town of Leo-Cedarville.(refer to 36-4-7-3)
B. Board members attending conferences dealing with park and recreation problems may submit a claim for actual expenses including registration fees, additional educational materials, accommodations, and mileage so long as there is an appropriation for such expenses in the Board’s annual budget.
C. Membership fees for professional organizations and professional publications specific to park and recreational facility construction, maintenance, operation or management may be paid for so long as there is an appropriation in the annual budget for such expenditures.
D. The Town of Leo-Cedarville will provide suitable quarters for holding meetings and conducting the work of the board.
VI) Duties of the Leo-Cedarville Municipal Park Board [36-10-3-10]
A. The board shall:
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 its properties and activities by requesting assistance from the municipal police force;
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 recommend approval of their appointments, without regard to politics, to the Town Council;
6. Make recommendations and an annual report to the Town Council concerning the operation of the board and the status of park and recreation programs in the district;
7. Prepare and submit an annual budget to the Town Council;
8. Appoint a member of the board to serve on another kind of board or commission whenever a statute allows a park board to do this.
B. The board shall fix the compensation of officers and personnel appointed under section (A) (4) and (A) (5) above subject to IC 36-4-7-5 and 36-4-7-6.
VII) Powers of the Leo-Cedarville Municipal Park Board [36-10-3-11]
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, unit, or 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 in section XVIII of this ordinance;
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 “Leo-Cedarville Municipal Park 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 building 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.
VIII) Public or private sale of personal property declared to be surplus by the Leo-Cedarville Municipal Park Board[36-10-3-12]
A. The board may sell, or order sold through a designated representative, by public or private sale, any personal property that the board has declared to be surplus at a regular or special meeting and has declared to have an aggregate appraised value of five thousand dollars ($5,000) or less. Whenever the board decides to sell at a private sale, the board must employ a qualified appraiser to determine a reasonable selling price for each kind of surplus item and must publish, 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; and
6. the price of each kind of item, which may not be less than the reasonable selling priced determined by a qualified appraiser.
7. If the board decides to sell at a public sale, the board shall conduct the sale in the manner provided by law for the unit.
IX) Superintendent of the Leo-Cedarville Parks, appointment and qualifications [36-10-3-13]
A. The Leo-Cedarville Municipal Park Board may appoint a superintendent of parks and recreation. The board 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.
X) Superintendent of parks and recreation duties [IC 36-10-3-14]
A. Under the direction of the board, the superintendent shall:
1) Propose annually a plan for the operation of the department;
2) Administer the plan as approved by the board;
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 as appointment as assistants if the board determines there is a need;
6) Appoint the employees of the department subject to the approval of the board and the Town Council, according to the standards and qualifications fixed by the board and the Town Council and without regard to political affiliation;
7) Prepare and present to the board an annual report; and
8) Perform other duties that the board directs.
XI) Assistant superintendent of parks and recreation; appointment, qualifications,
A. If the board determines that the size of the department’s operation requires assistants for the superintendent, the board may appoint, upon recommendation of the superintendent, one (1) or more assistants. The board shall determine their qualifications on a basis similar to that prescribed for the superintendent.
B. Assistants are directly responsible to the Leo-Cedarville Superintendent of Parks and shall perform the duties specified by the superintendent.
XII) Officers’ and employees’ bonds and crime policies for the Leo-Cedarville Municipal Park Board [36-10-3-16]
A. Every officer and employee who handles money in the performance of duties as prescribed by this chapter shall execute an official bond for the term of office or employment before entering upon the duties of the office or employment.
B. The Leo-Cedarville Town Council 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 Leo-Cedarville Town Council and must be approved by the Leo-Cedarville Town Council President.
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 forms of the bonds or crime policies required by this section.
XIII) Leo-Cedarville Municipal Park Board Advisory council and special committees; composition; selection; duties; reports [IC 36-10-3-17]
A. The board may create an advisory council and special committees composed of citizens interested in parks and recreation.
B. The board shall give consideration to groups in the community particularly interested in parks and recreation. In a resolution creating an advisory council or special committee, the board shall specify the terms of its members and the purposes for which it is created.
C. The advisory council or special committee shall:
1) Study the subjects and problems specified by the Park Board and recommend to the board additional problems in need of study;
2) Advise the Park Board concerning these subjects, particularly as they relate to different areas and groups in the community; and
3) Upon the invitation of the Park Board, sit with and participate in the deliberations of the board without the right to vote.
4) The advisory council or a special committee shall report only to the Park Board and shall make inquiries and reports only in those areas specified by the board’s resolution creating the council or committee.
XIV) Gifts, donations, and subsidies; approval; disposition (IC 36-10-3-18)
A. The Leo-Cedarville Municipal Park Board may accept gifts, donations, and subsidies for park and recreational purposes. However, a gift or transfer of property to the board may not be made without its approval.
B. A gift or grant of money shall be deposited in a special non-reverting fund to be available for expenditure by the board for purposes specified by the grantor. The Leo-Cedarville Clerk-Treasurer may draw warrants against the fund only upon vouchers signed by the Park Board President and Secretary of the Park Board.
XV) Special taxing district for purposes of levying special benefit taxes for Parks and Recreation(IC 36-10-3-19)
A. The territory within the boundaries of Leo-Cedarville 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 Leo-Cedarville Town Council 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 of these methods.
XVI) Special nonreverting capital fund for the Leo-Cedarville Municipal Park Board; purposes and withdrawals [IC 36-10-3-20]
A. Upon the request of the board, the Leo-Cedarville Town Council may establish, by ordinance, a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The Town Council may include in the Park Board’s annual budget an item and an appropriation for these specific purposes.
B. Money placed in the nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the Town Council repeals the ordinance. The Town Council may not repeal the ordinance under suspension of the rules.
XVII) Cumulative building fund for Leo-Cedarville Municipal Parks; establishment, levy of tax, collection of tax [36-10-3-21]
A. The Leo-Cedarville Municipal Park Board 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.

In addition to the requirements of IC 6-1.1-41, before a fund may be established, the proposed action must be approved by the Leo-Cedarville Town Council.

B. To provide for the cumulative building fund, the Town Council may levy a tax in compliance with IC 6-1.1-41 not to exceed one and 67 hundredths cents ($0.0167) on each hundred dollars ($100) of assessed valuation of taxable property within the unit.
C. The tax shall be collected and held in a special fund known as the Leo-Cedarville Park and Recreation Cumulative Building Fund.
XVIII) Fees for park and recreation particular activities (36-10-3-22)
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 board may charge a reasonable fee.
B. The Town Council may establish by ordinance, upon request of the board;
1. A special nonreverting operating fund for park purposes from which expenditures may be made as provided by ordinance, either by appropriation by the board or by the Town Council; or;
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 of the Leo-Cedarville Town Council.. The Town Council shall designate the fund or funds into which the Leo-Cedarville Clerk-Treasurer shall deposit fees from golf courses, swimming pools, skating rinks, or other major facilities requiring major expenditures for management and maintenance. Money received from fees other than from major facilities or received from the sale of surplus property shall be deposited by the Clerk-Treasurer either in the special nonreverting operating fund or in the nonreverting capital fund as directed by the Park Board. However, if neither fund has been established, money received from fees or the sale of surplus property shall be deposited in the unit’s general fund. Money from either special fund may be disbursed on approved claims allowed and signed.
XIX) Acquisition of real property by Leo-Cedarville Municipal Park Board; resolution; improvements; notice; option or contract; appraisal; hearing IC 36-10-3-23
A. This section applies only to:
1 the acquisition of real property; or
2 a work of improvement; that will be financed by the issuance of bonds.
B. If the Park Board decides to:
1 acquire land for any of the purposes prescribed in this chapter, either by purchase or improvement authorized by this chapter;
2 acquire real property without proceeding at the time with a work of improvement; or
3 proceed with a work of improvement where the real property has been already secured;
it shall adopt a resolution stating the purpose, describing the land to be acquired, the manner of acquisition, and, in the case of an appropriation, the other land that may be injuriously affected, or describing the lands already acquired and intended to be used in connection with the proposed work of improvement.
C. If a work of improvement is provided for in the resolution, the Park Board shall have preliminary plans and specifications and an estimate of the cost of the proposed work prepared by the engineer selected to do the work. The resolution must be open to inspection by all persons interested in or affected by the appropriation of land or the construction of the work. The Park Board shall have notice of the resolution and its contents published in accordance with IC 5-3-1. The notice must state a date on which the Park Board will receive or hear remonstrance’s from persons interested in or affected by the proceedings and on which it will determine the public utility and benefit.
D. Notice shall be sent by certified mail to each owner of land to be appropriated under the resolution, using the owner’s address as shown on the tax duplicates. In addition, notice of the land to be appropriated shall be published in accordance with IC 5-3-1 in local newspapers. All persons affected in any manner by the proceedings, including all taxpayers in the district, are considered notified of the pendency of the proceedings and of all subsequent acts, hearings, adjournments, and orders of the Park Board by the original notice by publication.
E. In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is a sufficient description of the property purchased, to be purchased, or to be appropriated or damaged to give a description of the entire tract by a platted description or by metes and bounds, whether the land is composed of one (1) or more lots or parcels and whether it is owned by one (1) or more persons. If the land or a part of it is to be acquired by purchase, the resolution must also state the maximum proposed cost.
F. The Park Board may, at any time before the adoption of the resolution:
(1) obtain from the owner or owners of the land an option for its purchase; or
(2) enter into a contract for its purchase upon the terms and conditions that the board considers best.
The option or contract is subject to the final action of the Park Board confirming, modifying, or rescinding the resolution and to the condition that the land may be paid for only out of the special fund resulting from the sale of bonds as provided by this chapter.
G. If the board decides to acquire any lots or parcels of land by purchase, the board shall appoint two (2) qualified appraisers to appraise the fair market value of the land. Each appraiser must be professionally engaged in making appraisals or be trained as an appraiser and licensed as a broker under IC 25-34.1. The appraisers may not be interested directly or indirectly in any land that is to be acquired under the resolution or that may be injured or incur local benefits. The appraisers shall take an oath that they have no interest in the matter and that they will honestly and impartially make the valuation. The appraisers shall return the appraisers’ separate appraisals to the Park Board not more than thirty (30) days after the date of their appointment. The appraisals shall be filed with and become a part of the record of the proceeding.
H. The Board may not take an option on the land or enter into a contract to purchase it at a price greater than the average of the two (2) appraisals received under subsection (G). The title to land to be acquired under the resolution, whether by purchase or appropriation, does not vest until the land is paid for out of the special fund established by the sale of bonds as provided in this chapter. Any indebtedness or obligation of any kind incurred by the board due to the acquisition of land or to construction work shall be paid out of the funds under the control of the Park Board and is not an indebtedness or obligation of the Town of Leo-Cedarville.
I. At the time fixed for the hearing, or at any time before the hearing, an owner of land to be appropriated under the resolution or injuriously affected or a person owning real or personal property located in the district may file a written remonstrance with the secretary of the Park Board.
J. At the hearing, which may be adjourned from time to time, the Park Board shall hear all persons interested in the proceedings and all remonstrances that have been filed. After considering the evidence, the Park Board shall take final action determining the public utility and benefit of the proposed project by confirming, modifying, or rescinding the resolution. The final action shall be recorded and is final and conclusive upon all persons.
XX) Leo-Cedarville Municipal Park Board Bonds; purpose; denominations; interest exempt from taxation; limitations IC 36-10-3-24
A. In order to raise money to pay for land to be acquired for any of the purposes named in this chapter, to pay for an improvement authorized by this chapter, or both, and in anticipation of the special benefit tax to be levied as provided in this chapter, the Park Board shall cause to be issued, in the name of the Town of Leo-Cedarville, the bonds of the district. The bonds may not exceed in amount the total cost of all land to be acquired and all improvements described in the resolution, including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the costs of supervision and inspection during the period of construction of a work. The expenses to be covered in the bond issue include all expenses of every kind actually incurred preliminary to acquiring the land and the construction of the work, such as the cost of the necessary record, engineering expenses, publication of notices, preparation of bonds, and other necessary expenses. If more than one (1) resolution or proceeding of the Park Board under section XIX of this chapter is confirmed whereby different parcels of land are to be acquired, or more than one (1) contract for work is let by the Park Board at approximately the same time, the cost involved under all of the resolutions and proceedings may be included in one (1) issue of bonds.
B. The bonds may be issued in any denomination not less than one thousand dollars ($1,000) each, in not less than five (5) nor more than forty (40) annual series. The bonds are payable one (1) series each year, beginning at a date after the receipt of taxes from a levy made for that purpose. The bonds are negotiable. The bonds may bear interest at any rate, payable semiannually. After adopting a resolution ordering bonds, the Park Board shall certify a copy of the resolution to the Leo-Cedarville Clerk-Treasurer. The Clerk-Treasurer shall prepare the bonds and the Leo-Cedarville Town Council President shall execute them, attested by the Clerk-Treasurer.
C. The bonds and the interest on them are exempt from taxation as prescribed by IC 6-8-5-1. Bonds issued under this section are subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to the filing of a petition requesting the issuance of bonds, the right of taxpayers and voters to remonstrate against the issuance of bonds, the appropriation of the proceeds of the bonds and approval by the department of local government finance, and the sale of bonds at public sale for not less than their par value.
D. The Park Board may not have bonds of the district issued under this section that are payable by special taxation when the total issue for that purpose, including the bonds already issued or to be issued, exceeds two percent (2%) of the adjusted value of the taxable property in the district as determined under IC 36-1-15. All bonds or obligations issued in violation of this subsection are void. The bonds are not obligations or indebtedness of the Town of Leo-Cedarville, but constitute an indebtedness of the district as a special taxing district. The bonds and interest are payable only out of a special tax levied upon all the property of the district as prescribed by this chapter. The bonds must recite the terms upon their face, together with the purposes for which they are issued.
XXI) Bonds; notice; hearing; ordinance approving issue IC 36-10-3-25
A. Before bonds may be issued under section XIX of this ordinance, the Park Board 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 board shall have published in accordance with IC 5-3-1 a notice of the time, place, and purposes of the hearing.
C. After the public hearing and before additional proceedings on the bond issues, the board must obtain an ordinance approving the bond issue from the Leo-Cedarville Town Council.
XXII) Bonds; disposition of proceeds IC 36-10-3-26
A. All proceeds from the sale of bonds issued under section XX of 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 park district bond fund.
XXIII) Levy of special tax on real and personal property; park district bond fund IC 36-10-3-27
A. In order to raise money to pay all bonds issued under section XX of this chapter, the Park Board 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 they mature, including accrued interest. The board shall have the tax to be levied each year certified to the auditor of the county in which the district 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, it shall be accumulated and kept in a separate fund to be known as the park district bond fund. The tax shall be applied to the payment of the district bonds and interest as they mature and may not be used for another purpose.
XXIV) Primary obligation on bond IC 36-10-3-28
A. If the board or district created under IC 36-10-3-3 is discontinued, the primary obligation on its bonds is not affected, and the Town of Leo-Cedarville assumes liability for the payment of the bonds according to their terms.

 

COUNCIL APPROVED:
  R. Paul Steffens        
R. Paul Steffens
Council Member

  John Clendenen        
John Clendenen
Council President

                                    
Gordon Liechty, Jr.
Council Member

  John Eastes              
John Eastes
Council Member

  Tim Richards            
Tim Richards
Council Member

ATTEST:   PAMELA SPANNUTH, CLERK-TREASURER