(A) General provisions.
(1) Under the provisions of I.C. 36-10-3 there is hereby created a Town Department of Parks and Recreation, to be managed and governed by the Town Park and Recreation Board.
(2) The Town Park and Recreation Board shall be composed of five members.
(a) Four members shall be appointed by the Town Council President on the basis of their interest in and knowledge of parks and recreation.
(b) No more than two of such members may be affiliated with the same political party.
(c) The fifth member of the Town Park and Recreation Board shall be an ex officio member. The ex officio member shall be a member of the Town Community School Board, to be selected by the Town Community School Board or an individual designated by the Town Community School Board. The ex officio member selected or designated by the Town Community School Board shall serve on the Town Park and Recreation Board for a term of four years with the term of the initial appointee to expire on the first Monday of January, 2011. Subsequent terms shall expire on the first Monday of January every four years thereafter. The ex officio member shall have all of the rights of a regular member of the Town Park and Recreation Board, including the right to vote. A vacancy in the ex officio position shall be filled by the Town Community School Board. All members of the Town Park and Recreation Board must be residents of the town, except for ex officio members who must be residents of the Township of Middlebury, Indiana.
(3) (a) Upon establishment of the Board, the terms initially appointed shall be:
1. One member for a term of one year;
2. One member for a term of two years;
3. One member for a term of three years; and
4. One member for a term of four years.
(b) As a term expires, each new appointment shall be made by the Town Council President for a term of four years.
1. All terms expire on the first Monday in January, but a member shall continue in office until his or her successor is appointed.
2. If an appointment for a new term is not made by the Town Council President by the first Monday in April, the incumbent shall serve another term.
3. If a vacancy occurs, the Town Council President shall appoint a new member for the remainder of the unexpired term. All initial terms (for one year, two years, three years and four years as above stated) shall actually expire as of the first Monday of January of 1996, 1997, 1998 and 1999 respectively.
(4) At its first regular meeting in each year, the Board shall elect a President and Vice President. The Vice President shall have authority to act as the president of the Board during the absence or disability of the President. The Board may select a secretary from within or without its own membership.
(5) The Board shall have the power to perform all acts necessary to acquire and develop sites and facilities and to conduct such programs as are generally understood to be park and recreation functions. In addition, the Board shall have all the powers listed in I.C. 36-10-3 et seq.
(6) The Board shall prepare and submit an annual budget in the same manner as other departments of town government, as prescribed by the State Board of Accounts. The Board may accept gifts, donations and subsidies for park and recreation purposes.
(B) Non-Reverting Capital Fund. The Town Council, does hereby, acting upon the request previously received of the Town Park and Recreation Board, create a Special Non-Reverting Capital Fund pursuant to I.C. 36-10-3-20 for the purposes of acquiring land or making specific capital improvements; further, pursuant to I.C. 36-10-3-18, the Town Council hereby creates for use by the Town Park and Recreation Board a special non-reverting fund to be available for expenditures for purposes specified by persons donating money to said fund.
(Ord. 176, passed 1-9-1978; Ord. 330A, passed 8-7-1995; Ord. 330B, passed 4-2-2007)