ORDINAI{CE NO. 2OAg _I ! OF TITE TOWN OF ZIONSVILLE AN

_I !
ORDINAI{CE NO. 2OAg
OF TITE TOWN OF ZIONSVILLE
AN ORDINANCE ESTABLISIIING TIIE
NEW TOWN OF ZIONSVILLE PARI( AND RECREATION BOARI)
COMPOSITION TO FACILITATE THE REORGA}IIZATION OF
EAGLE TOWNSHIP, UNION TOWNSIIIP AF{DTHE TOWN OF ZIONSVILLE
WHEREAS, IC 36-1.5 ("Acf') provides for the ieorganizationof governmental
entitiesin Indiana;and
WHEREAS, pursuantto the provisions of the Act, the ReorganizationCommitteeprepared
and forwardedto EagleTownship("Eagle"),Union Township("Union") and the Town of
on April 17, 2008 ("Reorganization
Zionsville, Indiana("Town") a Plan of Reorganization
andmergerof Eagle,Union and
Plan"),settingforttrthedetailsof theproposedreorganizatton
the Town ("Reorganization");and
WHEREAS, Eagle, Union and the Town adoptedmirror resolutionsand an ordinance,
effective J.uily24, 2008 ("ReorganizationOrdinances"),to reorganizeand merge their
respectiveunitsinto the Town; and
WHEREAS,the public question,"Shall EagleTownship,Union Townshipand the Town of
Zionsville reorganizeas a singlepolitical subdivision?",was approvedby a majority of the
respectivevotersof eachunit on November4, 2008;and
shall take effect as of January2,2010 ("Effective
WHEREAS,the Reorganization
Date");and
WHEREAS, the Plan of Reorganization,in subsection(c) on page 9, and the
from Eagle,
geographicrepresentation
in Section10, contemplate
Ordinances
Reorganization
Recreation
and
Park
new
Zionsville
the
Union andthe Town following the Reorganizationon
Board;and
the Transition
Ordinances,
WHEREAS,pursuantto Section10of the Reorganization
Committeeis to draft and submit a proposedordinancedealingwith membershipof the new
ZionsvilleParkandRecreationBoard;and
WHEREAS, the Transition Committeehas consideredthe issues of the new
Zionsville Park and RecreationBoard, togetherwith the statutoryauthority grantedto towns
accordingly;and
underIC 36-10-3,andmadeits recommendations
WHEREAS, the Act grants broad powers to enable the Town to operatemore
efficiently; grantsfull and completeauthority for reorganizingpolitical subdivisions;requires
no other law, procedure,proceedings,publications,notices,consents,approvals,orders,or
actsby the stateor any political subdivisionto reorganize;permitsthe exerciseof powers
grantedunderthe Act without complyrngwith the provision of any other law, statueor rule;
requires that the Act be liberally construed;and grants that compliancewith the Act is fieated
as compliance with any conflicting law; and
WHEREAS, the Town Council finds that it would be beneficial in facilitating the
Reorganizationto establishand speciff the membershipconstitution of the Zionsville Park and
RecreationBoard as of the Effective Date.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Town Council of the
Town of Zionsville.Indiana. that:
1.
Park and RecreationBoard Powers. The new Zionsville Park and Recreatio
Board ("Board") shall overseethe developmentand maintenanceof parks and recreatio
in the New Town. The Board shall have all powers,duties and responsibilitiesprescribe
in IC 36-10-3-1et seq. However,the Board shall obtain the prior approvalof the Town
Councilbeforeexercisingthe powerof eminentdomain,asprovidedby IC 36-10-3-11(a)(5
In addition,theBoardshalloverseethe maintenance
of thecemeteries
within the formerEagle
andUnion Townshipsto the extentrequiredby andprovidedfor in IC 23-14-65,IC23-14-66
IC 23-14-68,andIC 23-14-69.
2.
Park Board Representation
and Action. (a) The Board shall consistof four (4)
membersto be appointedby the Town Council.The membersshallbe appointedon the basis
of their interestin and knowledgeof parks and recreation.Membersof the Board must be
residentsof the park district. At leastone of the membersmust be a residentof the part of
former Union Township designatedas the "Rural District" and at least one of the members
must be a residentof the part of former EagleTownshipdesignatedasthe "Rural Districf'.
Notwithstandingtheprovisionsof this paragraph,
no actionof theBoardmay be challengedor
invalidatedon thebasisof the residencvof the membersof the Board.
(b)
The Board memberswill servestaggeredfour (4) year terms.No
Board membermay servemore than eight (8) yearsin any twelve (12) year
period. Serviceprior to January2,2010 will be countedin this restriction
The Town Council shall appointthe four (4) membersof the Board,effective
January2,2010, with the membersservinginitial termsof four (4), three(3),
two (2), and one (1) years,respectively.The Town Council may reappoin
membersof the current Park Board to the Board and may provide for the
termsof thosecurrentmembersto coincidewith the remainderof their current
terms. However,the Town Council must make appointments
that satisff the
residencyrequirementsof subsection(a) and that satisff the term limits of this
subsection.
(c)
In making appointmentsto the Board, the Town Council may be
requiredto find, pursuantto IC 36-10-3-4.1,that due to the political make
up of the personsactivein the parkscommunity,it is necessaryto waive the
following requirementsfor membersof the Board: (1) the requirementthat a
memberof theBoardbe affiliatedwith a political party,and(2) therequiremen
that not more than two (2) of the four (a) membersof the Board be affiliated
with the samepoliticalparty.
(d)
In addition, the Board may have up to two (2) ex officio members,
thosebeing:
(1)
a member:
'
(A)
of the governing body of the school corporation
selectedby that body; or
(B)
designated by the governing body of the school
corporation;
(2)
a member of the governing body of the library district
selectedby that body; or
(3)
both subdivisions(l) and(2)
The ex officio membersshallbe appointedand shall serveat the will of their
respectiveappointing authority. No individual may serve as an ex officio
memberof the boardfor morethantwo (2) years.
The Town Council may appoint advisor membersas it deems
appropriate,from local areaagenciesand organizations,suchaspublic safety,
CentrallndianaLand Trust. andthe BooneCountvFoundation.
(e)
(0
Upon authoization under Indiana statute,the Town Council will
expandthe membershipof the Board to seven(7) members,to include four
(4) regularmembersandthree(3) ex officio membersfrom variouscommunity
organizations.
(g)
Pursuantto IC 36-10-3-8,the Boardshallelectits officersannually.
No Board member may serue in the same office for more than two (2)
consecutivg
vears.
(h)
Pursuant to IC 36-10-3-8(d) an action of the Board is not official
unlessit is authorizedby at leastthree(3) memberspresentandacting.
(i)
Any appointedmemberwho moves from the jurisdiction from
whichthememberwasappointedshallbe treatedasif thememberhadresigned
and the Town Council shall appoint a replacementconsistentwith these
requirements.If the jurisdiction of the residenceof an appointedmember
changesdue to reclassificationof the District in which the appointedmember
resides,then the member shall not be deemedto have resignedand the
appointedmembermay servethe remainderof his/trerterm.
3.
Park Board Superintendent.The Board shall appoint a Superintendentpursuant
to IC 36-10-3-13. The Superintendent
shall have the powers and duties provided in IC
36-10-3-14,together with such other powers and duties properly conveyedto him/her by
the Board. The Superintendentshall provide regular informational reportsto the Zionsville
Town Manageron the samebasisasthe chief officersof the variousTown Departments.The
Superintendent
shall attendall joint meetingsof the collectivechief officers of the various
Town Departments.
4.
Transition Committee. The Transition Committeehas reviewed this
Ordinanceand discussedit at meetingsof the TransitionCommitteeon September30, 2009
and December16, 2009 and recommendsadoptionof this Ordinancein furttreranceof the
Reorganizationand to foster and promote geographicrepresentationon the Boards and
PlanandReorganization
Commissions
asdescribedin the Reorganization
Ordinances.
5.
Constructionof ClauseHeadings.The clauseheadingsappearingherein
havebeenprovidedfor convenienceandreferenceanddo not purport andshallnot be deemed
to define,limit or extendthe scopeor intent of the clauseto which they appertain.
Repealof ConflictingOrdinances.The provisionsof all otherTown ordinancesin
6.
conflict with the provisions hereof if any, are of no further force or effect and are hereby
repealed.
7.
Severabiliw.If anypart of this Ordinanceshallbe held invalid, suchpart shallbe
deemedseverableandthe invalidity thereofshall not affect the remainderof this Ordinance.
Duration and Effective Date. The provisionsof this Ordinanceshall become
8.
effectiveimmediatelyandremainin full force and effect until repealby ordinance.
Introducedand filed on the
day of December,2009. A motion to consideron First
Readingwas sustainedby a vote of _
in favor and _
opposed,pursuantto
IndianaCode$36-5-2-9.8.
DULY PASSEDAND ADOPTED this _ day of December,2009,by the Town
Councilof the Town of Zionsville,BooneCounty,Indiana,havingbeenpassedby a vote of
in favor and
opposed.
TOWN OF ZIONSVILLE, INDIANA
BY ITS TOWN COI.JNCIL
MatthewM. Price,President
For
Opposed
MichelleBarrett
For
Opposed
TimothyR. Haak
For
Opposed
ValerieR. Swack
For
Opposed
WeltonW. HarrisII
For
Opposed
ATTEST:
JohnJ. Yeo
ZionsvilleClerk/Treasurer
KD_2433520_3.DOC