CHAPTER 2. DEVELOPMENT AUTHORITY AND BOARD
IC 36-7.5-2
Chapter 2. Development Authority and Board
IC 36-7.5-2-1
Establishment
Sec. 1. The northwest Indiana regional development authority is
established as a separate body corporate and politic to carry out the
purposes of this article by:
(1) acquiring, constructing, equipping, owning, leasing, and
financing projects and facilities for lease to or for the benefit of
eligible political subdivisions under this article;
(2) funding and developing the Gary/Chicago International
Airport expansion and other airport authority projects,
commuter transportation district and other rail projects and
services, regional bus authority projects and services, regional
transportation authority projects and services, shoreline
development projects and activities, and economic development
projects in northwestern Indiana; and
(3) assisting with the funding of infrastructure needed to sustain
development of an intermodal facility in northwestern Indiana.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,
SEC.54.
IC 36-7.5-2-2
Power in eligible counties and eligible municipalities
Sec. 2. The development authority may carry out its powers and
duties under this article in the following:
(1) An eligible county.
(2) An eligible municipality.
As added by P.L.214-2005, SEC.73. Amended by P.L.182-2009(ss),
SEC.422.
IC 36-7.5-2-3
Development board; members
Sec. 3. (a) The development authority is governed by the
development board appointed under this section.
(b) Except as provided in subsections (e), (f), and (h), the
development board is composed of the following seven (7) members:
(1) Two (2) members appointed by the governor. One (1) of the
members appointed by the governor under this subdivision must
be an individual nominated under subsection (d). The members
appointed by the governor under this subdivision serve at the
pleasure of the governor.
(2) The following members from a county having a population
of more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000):
(A) One (1) member appointed by the mayor of the largest
city in the county in which a riverboat is located.
(B) One (1) member appointed by the mayor of the second
largest city in the county in which a riverboat is located.
(C) One (1) member appointed by the mayor of the third
largest city in the county in which a riverboat is located.
(D) One (1) member appointed jointly by the county
executive and the county fiscal body. A member appointed
under this clause may not reside in a city described in clause
(A), (B), or (C).
(3) One (1) member appointed jointly by the county executive
and county fiscal body of a county having a population of more
than one hundred forty-five thousand (145,000) but less than
one hundred forty-eight thousand (148,000).
(c) A member appointed to the development board must have
knowledge and at least five (5) years professional work experience
in at least one (1) of the following:
(1) Rail transportation or air transportation.
(2) Regional economic development.
(3) Business or finance.
(d) The mayor of the largest city in a county having a population
of more than one hundred forty-five thousand (145,000) but less than
one hundred forty-eight thousand (148,000) shall nominate three (3)
residents of the county for appointment to the development board.
One (1) of the governor's initial appointments under subsection
(b)(1) must be an individual nominated by the mayor. At the
expiration of the member's term, the mayor of the second largest city
in the county shall nominate three (3) residents of the county for
appointment to the development board. One (1) of the governor's
appointments under subsection (b)(1) must be an individual
nominated by the mayor. Thereafter, the authority to nominate the
three (3) individuals from among whom the governor shall make an
appointment under subsection (b)(1) shall alternate between the
mayors of the largest and the second largest city in the county at the
expiration of a member's term.
(e) A county having a population of more than one hundred ten
thousand (110,000) but less than one hundred fifteen thousand
(115,000) shall be an eligible county participating in the
development authority if the fiscal body of the county adopts an
ordinance before September 15, 2006, providing that the county is
joining the development authority, and the fiscal body of a city that
is located in the county and that has a population of more than
thirty-two thousand eight hundred (32,800) but less than thirty-three
thousand (33,000) adopts an ordinance before September 15, 2006,
providing that the city is joining the development authority.
Notwithstanding subsection (b), if ordinances are adopted under this
subsection and the county becomes an eligible county participating
in the development authority:
(1) the development board shall be composed of nine (9)
members rather than seven (7) members; and
(2) the additional two (2) members shall be appointed in the
following manner:
(A) One (1) additional member shall be appointed by the
governor and shall serve at the pleasure of the governor. The
member appointed under this clause must be an individual
nominated under subsection (f).
(B) One (1) additional member shall be appointed jointly by
the county executive and county fiscal body.
(f) This subsection applies only if the county described in
subsection (e) is an eligible county participating in the development
authority. The mayor of the largest city in the county described in
subsection (e) shall nominate three (3) residents of the county for
appointment to the development board. The governor's initial
appointment under subsection (e)(2)(A) must be an individual
nominated by the mayor. At the expiration of the member's term, the
mayor of the second largest city in the county described in subsection
(e) shall nominate three (3) residents of the county for appointment
to the development board. The governor's second appointment under
subsection (e)(2)(A) must be an individual nominated by the mayor.
Thereafter, the authority to nominate the three (3) individuals from
among whom the governor shall make an appointment under
subsection (e)(2)(A) shall alternate between the mayors of the largest
and the second largest city in the county at the expiration of a
member's term.
(g) An individual or entity required to make an appointment under
subsection (b) or nominations under subsection (d) must make the
initial appointment before September 1, 2005, or the initial
nomination before August 15, 2005. If an individual or entity does
not make an initial appointment under subsection (b) before
September 1, 2005, or the initial nominations required under
subsection (d) before September 1, 2005, the governor shall instead
make the initial appointment.
(h) Subsection (i) applies only to municipalities located in a
county that:
(1) has a population of more than one hundred forty-five
thousand (145,000) but less than one hundred forty-eight
thousand (148,000); and
(2) was a member of the development authority on January 1,
2009, and subsequently ceases to be a member of the
development authority.
(i) If the fiscal bodies of at least two (2) municipalities subject to
this subsection adopt ordinances to become members of the
development authority, those municipalities shall become members
of the development authority. If two (2) or more municipalities
become members of the development authority under this subsection,
the fiscal bodies of the municipalities that become members of the
development authority shall jointly appoint one (1) member of the
development board who shall serve in place of the member described
in subsection (b)(3). A municipality that becomes a member of the
development authority under this subsection is considered an eligible
municipality for purposes of this article.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,
SEC.55; P.L.1-2007, SEC.241; P.L.182-2009(ss), SEC.423.
IC 36-7.5-2-4
Development board; terms of members; vacancy; oath;
compensation
Sec. 4. (a) Except as provided in subsection (b) for the initial
appointments to the development board, a member appointed to the
development board serves a four (4) year term. However, a member
serves at the pleasure of the appointing authority. A member may be
reappointed to subsequent terms.
(b) The terms of the initial members appointed to the development
board are as follows:
(1) The initial member appointed by the governor who is not
nominated under section 3(d) or 3(f) of this chapter shall serve
a term of four (4) years.
(2) The initial member appointed by the governor who is
nominated under section 3(d) of this chapter shall serve a term
of two (2) years. If a member is appointed under section
3(e)(2)(A) of this chapter, the initial member who is appointed
under that provision shall serve a term of two (2) years.
(3) The initial member appointed under section 3(b)(2)(D) of
this chapter shall serve a term of three (3) years.
(4) The initial member appointed under section 3(b)(3) of this
chapter shall serve a term of three (3) years.
(5) The initial members appointed under section 3(b)(2)(A)
through 3(b)(2)(C) of this chapter shall serve a term of two (2)
years.
(6) If a member is appointed under section 3(e)(2)(B) of this
chapter, the initial member appointed under that provision shall
serve a term of three (3) years.
(c) If a vacancy occurs on the development board, the appointing
authority that made the original appointment shall fill the vacancy by
appointing a new member for the remainder of the vacated term.
(d) Each member appointed to the development board, before
entering upon the duties of office, must take and subscribe an oath of
office under IC 5-4-1, which shall be endorsed upon the certificate
of appointment and filed with the records of the development board.
(e) A member appointed to the development board is not entitled
to receive any compensation for performance of the member's duties.
However, a member is entitled to a per diem from the development
authority for the member's participation in development board
meetings. The amount of the per diem is equal to the amount of the
per diem provided under IC 4-10-11-2.1(b).
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,
SEC.56.
IC 36-7.5-2-5
Chair; officers
Sec. 5. (a) The member appointed by the governor under section
3(b)(1) of this chapter but not nominated under section 3(d) or 3(f)
of this chapter shall serve as chair of the development board until
January 2013. At the election under subsection (b) in 2013 and each
year thereafter, the chair shall be elected from among the members
of the development board.
(b) In January of each year, the development board shall hold an
organizational meeting at which the development board shall elect
the following officers from the members of the development board:
(1) After December 31, 2012, a chair.
(2) A vice chair.
(3) A secretary-treasurer.
(c) Not more than two (2) members from any particular county
may serve as an officer described in subsection (a) or elected under
subsection (b). The affirmative vote of at least five (5) members of
the development board is necessary to elect an officer under
subsection (b). However, if the county described in section 3(e) of
this chapter is an eligible county participating in the development
authority, the affirmative vote of at least six (6) members of the
development board is necessary to elect an officer under subsection
(b).
(d) An officer elected under subsection (b) serves from the date
of the officer's election until the officer's successor is elected and
qualified.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,
SEC.57.
IC 36-7.5-2-6
Meetings; quorum; affirmative votes
Sec. 6. (a) The development board shall meet at least quarterly.
(b) The chair of the development board or any two (2) members
of the development board may call a special meeting of the
development board.
(c) Five (5) members of the development board constitute a
quorum. However, if the county described in section 3(e) of this
chapter is an eligible county participating in the development
authority, six (6) members of the development board constitute a
quorum.
(d) The affirmative votes of at least five (5) members of the
development board are necessary to authorize any action of the
development authority. However, if the county described in section
3(e) of this chapter is an eligible county participating in the
development authority, the affirmative votes of at least six (6)
members of the development board are necessary to authorize any
action of the development authority.
(e) Notwithstanding any other provision of this article, the
minimum number of affirmative votes required under subsection (d)
to take any of the following actions must include the affirmative vote
of the member appointed by the governor who is not nominated
under section 3(d) or 3(f) of this chapter:
(1) Making loans, loan guarantees, or grants or providing any
other funding or financial assistance for projects.
(2) Acquiring or condemning property.
(3) Entering into contracts.
(4) Employing an executive director or any consultants or
technical experts.
(5) Issuing bonds or entering into a lease of a project.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,
SEC.58.
IC 36-7.5-2-7
Bylaws and rules
Sec. 7. The development board may adopt the bylaws and rules
that the development board considers necessary for the proper
conduct of the development board's duties and the safeguarding of
the development authority's funds and property.
As added by P.L.214-2005, SEC.73.
IC 36-7.5-2-8
Common construction wage, public purchasing, and public works
project laws apply
Sec. 8. (a) The development authority must comply with IC 5-16-7
(common construction wage), IC 5-22 (public purchasing),
IC 36-1-12 (public work projects), and any applicable federal bidding
statutes and regulations. An eligible political subdivision that
receives a loan, a grant, or other financial assistance from the
development authority or enters into a lease with the development
authority must comply with applicable federal, state, and local public
purchasing and bidding law and regulations. However, a purchasing
agency (as defined in IC 5-22-2-25) of an eligible political
subdivision may:
(1) assign or sell a lease for property to the development
authority; or
(2) enter into a lease for property with the development
authority;
at any price and under any other terms and conditions as may be
determined by the eligible political subdivision and the development
authority. However, before making an assignment or sale of a lease
or entering into a lease under this section that would otherwise be
subject to IC 5-22, the eligible political subdivision or its purchasing
agent must obtain or cause to be obtained a purchase price for the
property to be subject to the lease from the lowest responsible and
responsive bidder in accordance with the requirements for the
purchase of supplies under IC 5-22.
(b) In addition to the provisions of subsection (a), with respect to
projects undertaken by the authority, the authority shall set a goal for
participation by minority business enterprises of fifteen percent
(15%) and women's business enterprises of five percent (5%),
consistent with the goals of delivering the project on time and within
the budgeted amount and, insofar as possible, using Indiana
businesses for employees, goods, and services. In fulfilling the goal,
the authority shall take into account historical precedents in the same
market.
As added by P.L.214-2005, SEC.73.
IC 36-7.5-2-9
Annual financial audit
Sec. 9. The office of management and budget shall contract with
a certified public accountant for an annual financial audit of the
development authority. The certified public accountant may not have
a significant financial interest, as determined by the office of
management and budget, in a project, facility, or service funded by
or leased by or to the development authority. The certified public
accountant shall present an audit report not later than four (4) months
after the end of the development authority's fiscal year and shall
make recommendations to improve the efficiency of development
authority operations. The certified public accountant shall also
perform a study and evaluation of internal accounting controls and
shall express an opinion on the controls that were in effect during the
audit period. The development authority shall pay the cost of the
annual financial audit. In addition, the state board of accounts may
at any time conduct an audit of any phase of the operations of the
development authority. The development authority shall pay the cost
of any audit by the state board of accounts.
As added by P.L.214-2005, SEC.73.