(A) Duties. 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 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;
(4) Appoint the necessary administrative officers of the department and fix compensation as well as their duties;
(5) Establish standards and qualifications for the appointment of all personnel and approve their appointments and compensation without regard to politics;
(6) Make recommendations and an annual report to the executive and fiscal body of the unit concerning the operation of the board and the status of park and recreation programs in the district;
(7) Prepare and submit an annual budget in the same manner as other executive departments of the unit; and
(8) 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.
(B) Powers. 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;
(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 non-reverting capital fund of the board;
(7) Engage in self-supporting activities;
(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 Board of Parks and Recreation, 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 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.
(C) 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 (unless leased to an Indiana nonprofit corporation or operated as a public golf course subject to the rules and regulations of the Board), after notice that the lease will be made has been given by publication.
(D) The Board shall also have full authority to establish recreational programs, administer the carrying out of the programs and may maintain, improve and operate parks and recreation facilities and programs, including the payment of costs from funds received from sources other than taxation and from funds received from taxation.
(E) All physical resources such as buildings and grounds owned or controlled by the Town shall be at the disposal of the Board at no expense to the Board, so long as this usage does not conflict with the program heretofore established by the authority now in control of the physical resources.
(F) There shall be no alteration of any existing facility or construction of new facilities owned or controlled by the Town without prior consultation with the Board, to the end that a determination might be made as to the recreational aspects. In the event an agreement cannot be reached between the Board and the Board having control of the facility, the matter shall be resolved to the Council for final determination.
(G) Brownsburg Community Center usage regulations, rental rules and guidelines.
(1) The Park and Recreation Board shall establish the rules and regulations for renting Park Department facilities and such rules and procedures shall be adopted as an official policy of the Town, and may be amended from time to time.
(2) The fees for the usage and/or rental of Park Department facilities shall be established by the Park and Recreation Board and approved by the Town Council and shall be a part of the official fee schedule in § 40.11.
(`92 Code, § 2-130) (Ord. 2, 1959, passed - - 59; Am. Ord. 2004-31, passed 11-18-04; Am. Ord. 2016-27, passed 10-13-16)