PUBLIC NOTICE

TOWN OF CROTHERSVILLE

ORDINANCE NUMBER: 2008-2

AN ORDINANCE CREATING THE

‘CROTHERSVILLE PARKS AND RECREATION BOARD’

WHEREAS, the Town Council of the Town of Crothersville, Jackson County, Indiana, is in control of the Crothersville Town Parks; and

WHEREAS, a Town Council may delegate authority over town parks pursuant to Indiana Code ß 36-10-3 et. al. series; and

WHEREAS, the Town Council of the Town of Crothersville is desirous of creating a Parks Board and delegating their power thereto;

BE IT HEREBY ORDAINED by the Town Council of Crothersville, Indiana that:

ß 30.15 CREATION.

There is hereby created, as of July 1, 2008, as a part of the governmental organization of the town, a single Department of Parks and Recreation.

ß 30.16 ORGANIZATION; MEMBERSHIP.

(A) The Department of Parks and Recreation shall be comprised of a Board of Parks and Recreation, to be known as Crothersville Parks and Recreation Board (hereafter called ìBoardî), a Superintendent and such other personnel as the Board may from time to time determine.

(B) The Board shall be composed of four members and one ex officio member. The ex officio member has all the rights of a member, including the right to vote.

(C)

(1) The Crothersville Town Council shall select the members of the Board on the basis of their interest in and knowledge of parks and recreation.

(2) Not more than two (2) members of the Board may be affiliated with the same political party. However, upon majority vote of the Crothersville Town Council, the Town Council may waive the requirement that a member of the Board shall be affiliated with a political party or the requirement that not more than two (2) of the four (4) members of the Board be affiliated with the same political party.

(3) The ex officio member of the Board shall be selected by the Board of Trustees of the Crothersville Community Schools.

ß 30.17 TERM OF OFFICE.

(A) Upon the establishment of the Board, the term of the members initially appointed shall be one, two, three and four years. Thereafter as a term shall expire, each new appointment shall be made for a four-year term. All terms shall expire on the first Monday in January of each calendar year, but an appointee shall continue in office until his successor is appointed.

(B) Upon the establishment of the Board, the term of the ex officio member initially appointed shall be for two years. Thereafter as the term of the ex officio member shall expire, each new appointment shall be for a four year term. All terms of the ex officio member shall expire on the first Monday in April of each calendar year, but an appointee shall continue in office until his successor is appointed.

Boards, Commissions and Departments

ß 30.18 APPOINTMENT OF MEMBERS.

(A) The Town Council shall make the appointments to the Parks and Recreation board. All reappointments to the Board shall be made before the first Monday in April of each calendar year. The failure to make such appointment shall result in the incumbent continuing to serve another term of four years.

(B) The Board of Trustees of the Crothersville Community Schools shall make its initial appointment to the Board within 90 days of the adoption of this subchapter and all reappointments to the Board shall be made by said Board of Trustees before the First Monday in April of the year in which said Board memberís term expires. Failure of the Board of Trustees of the Crothersville Community Schools to make such appointment shall result in the incumbent continuing to serve another term of four years.

ß 30.19 ELECTION OF PRESIDENT AND VICE-PRESIDENT.

(A) The Board shall, at its first regular meeting in each calendar year, elect a President and a Vice-President. The Vice-President shall have authority to act as the President of the Board in the absence or disability of the President.

(B) The Board shall select a secretary either from within or without its own membership.

ß 30.20 VACANCY.

(A) If a vacancy of a member of the Board occurs, the Town Council shall appoint an individual to fulfill the unexpired term of the vacancy created.

(B) If a vacancy of the ex officio member of the Board occurs, the Board of Trustees of the Crothersville Community Schools shall appoint an individual to fulfill the unexpired term of the vacancy created.

ß 30.21 MEETINGS.

(A) The meetings of the Board shall be open to the public. The Board shall fix the time and place of its meetings and shall meet at least quarterly.

(B) (1) Special meetings of the Board shall be open to the public and may be called by a written request to the Secretary either by the President of the Board or by any two members and/or ex officio members. The Secretary shall send to all members and ex officio members, at least two days in

advance of a special meeting, a written notice fixing the time, place and purpose of such special meeting.

(2) Written notice of a special meeting is not required if the time, place and purpose of the special meeting are fixed at a regular meeting or if all members and ex officio members are present at the special meeting.

(C) A majority of the members and ex officio members shall constitute a quorum and action of the Board is not official unless authorized by at least three members and/or ex officio members present and acting.

(D) Complete and accurate minutes of all meetings of the Board shall be taken and maintained in a permanent record. Such minutes shall be available to the public at all reasonable times.

(Ord. 1980-1, passed 12-2-80)

ß 30.22 DUTIES.

(A) The Board shall have the following duties:

Exercise general supervision of and make rules for the department;

Establish rules governing the use of the park and recreation facilities by the public;

Provide police protection for its property and activities, either by requesting assistance from state, municipal or county police authorities, or by having specified employees deputized as police officers; the deputized employees, however, are not eligible for police pension benefits or other emoluments of police officers;

Appoint the necessary administrative officers of the department and fix their duties;

Establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics;

Prepare and submit an annual budget in the same manner as other executive departments of the unit; and

Appoint a member of the Board to serve on another kind of board or commission; whenever a statute allows a park or recreation board to do this.

The Town Council shall fix the compensation, if any, of officers and personnel appointed under subsections (A)(4) and (A)(5), subject to IC ß 36-4-7-5 and IC ß 36-4-7-6.

ß 30.23 POWERS

(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 IC ß 36-10-3-22;

(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 ìCrothersville 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 ß 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 ß 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.

Adopted by the Town Council, Town of Crothersville, State of Indiana, on the 1st day of July, 2008. This Ordinance shall become effective immediately after notice and publication, as prescribed by statute, are satisfied.

Ardell Mitchell, President

Bill Nagle, Member

Karen Mains, Member

ATTEST:

NaLona Bush, Clerk-Treasurer

First Reading 6-3-08(3-0)

Second Reading 7-1-08

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