(A)   There is hereby established a Recreation Board consisting of five resident freeholders.
   (B)   The five members of the Recreation Board shall be appointed by the Town Council with one member being a member of the governing body of the Hamilton Community School Corporation.
   (C)   No member of the Recreation Board may also be a member of the Town Council.
   (D)   All members appointed to the Recreation Board must be qualified by an interest in and knowledge of the social and educational values of recreation. All members shall be compensated for their service according to the appropriate salary ordinance.
   (E)   Members shall be appointed for four-year terms from January 1 of the year of appointment until a successor is appointed.
      (1)   The initial terms of the members of the Recreation Board shall be as follows:
         (1)   One term for one year.
         (2)   One term for two years.
         (3)   One term for three years.
         (4)   Two terms for four years.
      (2)   Any vacancies that occur in connection with the Board shall be filled by the appropriate action of the Town Council. The new member shall serve the remainder of any unexpired term of the vacant position.
   (F)   The Recreation Board shall manage all recreational areas such as parks, beaches, trails, including approaches to the recreational areas, that belong to the Town of Hamilton.
   (G)   The Recreation Board shall have all the powers and limitations enumerated in I.C. 36-10-5-2. Any amendments to said code section are hereby incorporated by reference under the terms of this section as said amendments shall be promulgated. Any conflict between the provisions of this section and I.C. 36-10-5-2 shall be controlled by the Indiana Code statute. Those powers and limitations include, but are not limited to:
      (1)   The Recreation Board shall exercise general supervision of the parks.
      (2)   Establish rules governing the use of the parks and recreation facilities;
      (3)   Cooperate and communicate with the Town Marshal to evaluate a need for and provide police protection and/or oversight for any special events held in the park or recreation facilities.
      (4)   Make an annual report to the Town Council which report shall include the status of the park and recreations programs provided in the town parks. Such annual report shall be submitted to the Council no later than January 31 of each year, which report shall be for the prior calendar year.
      (5)   To negotiate the terms of any contracts and/or leases regarding the use of the park facilities, the services provided in the park facilities and for any other programs to be provided in the park facilities. The Recreation Board may appoint a Superintendent of Parks at their discretion, the terms of said appointment to be contained within an annual written contract. Any such contracts or leases shall then be submitted to the Town Council and executed by the Town Executive.
      (6)   Engage in self-supporting activities.
   (H)   The Recreation Board may accept gifts, donations and subsidies for park and recreational purposes which shall be promptly delivered to the Clerk-Treasurer and receipted into the Park Non-Reverting Fund.
   (I)   Park aud recreation facilities shall be made available to the public free of charge in so far as possible. If it is deemed necessary in the opinion of the Recreation Board in order to provide a particular activity, the Recreation Board may charge a reasonable fee based upon the direct cost of providing the activity. In the event a fee is established as provided herein, the Recreation Board or its designee will communicate and coordinate with the Clerk-Treasurer on accounting guidelines for establishing a fund, budget, and revenue accounts. Any fees for such programs shall be paid directly to the office of the Clerk-Treasurer or through the town's website. The location of and forms associated with registrations for such programs shall be the responsibility of the Recreation Board.
   (J)   Funding for the park facilities and programing shall be included by the Town Council during its annual budget process.
      (1)   The amount of funding for programs, park equipment, improvements and the like shall be based on recommendations of the Recreation Board by way of an annual budget request submitted by the Recreation Board on or before March annually. After the DLGF has approved the town budget, funds appropriated through the budget process shall be spent as determined by the Recreation Board and in accordance with the approved budget.
      (2)   Capital improvement projects to the recreational areas such as the construction of buildings, fences, or other permanent structures shall be paid for from the approved budget. Ongoing maintenance, repairs, replacements, and upkeep of those permanent improvements, whether erected or installed before or after the adoption of this section, shall be paid for from the approved budget. The ongoing maintenance, etc., includes but is not limited to such things as buildings, pavilions, tennis courts, basketball courts, playground equipment, fences, water fountains, doors and similar structures or improvements. The town will fund and oversee the utility to the recreational areas, routine maintenance of the grounds of the recreational areas and the salary expense of town employees.
(Ord. 2013-12, passed 2-3-14)