CHAPTER 2. LITTLE CALUMET RIVER BASIN DEVELOPMENT COMMISSION
IC 14-13-2
Chapter 2. Little Calumet River Basin Development Commission
IC 14-13-2-1
"Burns Waterway" defined
Sec. 1. As used in this chapter, "Burns Waterway" means thedredged channel in Porter County, Indiana, that connects the east andwest arms of the Little Calumet River with Lake Michigan.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-2
"Commission" defined
Sec. 2. As used in this chapter, "commission" refers to the LittleCalumet River basin development commission created by thischapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-3
"Fund" defined
Sec. 3. As used in this chapter, "fund" refers to the Little CalumetRiver project development fund created by this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-4
Purposes of chapter
Sec. 4. The general purposes of this chapter are to do thefollowing:
(1) Promote the general health and welfare of citizens ofIndiana.
(2) Provide for the creation, development, maintenance,administration, and operation of park, recreation, marina, floodcontrol, and other public works projects.
(3) Create a commission with the authority to carry out thepurposes of this chapter.
(4) Create a commission capable of entering into and fulfillingthe requirements of a nonfederal interest (as defined by 42U.S.C. 1962d-5b).
As added by P.L.1-1995, SEC.6.
IC 14-13-2-5
Creation of commission
Sec. 5. The Little Calumet River basin development commissionis created as a public body corporate and politic.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-6
Territorial jurisdiction of commission
Sec. 6. (a) Except as provided in subsection (b), the commissionmay operate in the manner provided in this chapter only in thegeographic area within and extending one (1) mile from the bank of
the west arm of the Little Calumet River and Burns Waterway inLake County and Porter County.
(b) The commission does not have the power of eminent domainfor the construction of marina facilities north of U.S. Highway 12 orsouth of that point where the west arm of the Little Calumet Rivermeets Burns Waterway. The commission's activities north of U.S.Highway 12 and within and adjacent to Burns Waterway arerestricted to those activities that the commission determines to benecessary for the following:
(1) Channeling and maintenance.
(2) Construction of breakwaters.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-7
Members
Sec. 7. (a) The commission has five (5) members appointed by thegovernor.
(b) The governor shall appoint members of the commission so thatthe following requirements are met:
(1) One (1) member must be a representative of the departmentof natural resources. The member may not be an employee orelected official of a city, town, or county governmental unit.
(2) The remaining four (4) members must meet the followingrequirements:
(A) Four (4) members must reside in a:
(i) city;
(ii) town; or
(iii) township (if the member resides in an unincorporatedarea of the county);
that borders the Little Calumet River.
(B) At least three (3) of the members must have abackground in:
(i) construction;
(ii) project management; or
(iii) flood control;
or a similar professional background.
(C) A member may not be an employee or elected official ofa city, town, or county governmental unit.
As added by P.L.1-1995, SEC.6. Amended by P.L.181-2009, SEC.1.
IC 14-13-2-8
Term of members; eligibility for reappointment
Sec. 8. (a) The term of each member of the commission is four (4)years. However, if an appointee is appointed to serve an unexpiredterm, the appointee serves only until the end of the unexpired term.
(b) A member is eligible for reappointment.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-9
Officers Sec. 9. (a) The commission shall elect the following officers:
(1) A chairman.
(2) A vice chairman.
(3) A secretary.
(4) A treasurer.
(b) The terms of the officers may not exceed one (1) year. Eachofficer is eligible for reelection.
(c) The commission may create and fill other offices that thecommission determines necessary.
(d) Each of the officers shall perform the duties usually pertainingto the offices.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-10
Meetings
Sec. 10. (a) The commission shall meet on call of any of thefollowing:
(1) The chairman.
(2) The executive director.
(3) Any three (3) members.
(b) Three (3) commission members constitute a quorum.
As added by P.L.1-1995, SEC.6. Amended by P.L.181-2009, SEC.2.
IC 14-13-2-11
Per diem compensation and traveling expenses
Sec. 11. (a) Each commission member is entitled toreimbursement for traveling and other expenses as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
(b) Each appointed commission member is entitled to theminimum salary per diem as provided in IC 4-10-11-2.1(b).
As added by P.L.1-1995, SEC.6.
IC 14-13-2-12
Acquisition of property by purchase or lease
Sec. 12. (a) The commission may acquire, by purchase or bylease:
(1) any land, property, rights, rights-of-way, franchises,easements, and other interests in real property, including landunder water and riparian rights; and
(2) any existing facilities, betterments, and improvements;
that the commission considers necessary or convenient for theestablishment, development, construction, improvement, or operationof any projects.
(b) The commission may also acquire land and other interest inreal property by:
(1) gift; or
(2) bequest.
(c) The commission shall take and hold title to land and otherinterests in the name of the state of Indiana. (d) When acquiring land under this section, the commission shallfollow the procedures for the acquisition of land by the Indianadepartment of transportation.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-13
Eminent domain powers
Sec. 13. The commission may acquire by appropriation underIndiana eminent domain law:
(1) any land, property, rights, rights-of-way, franchises,easements, or other interests in real property, including landunder water and riparian rights; or
(2) any existing facilities, betterments, and improvements, orother property;
necessary and proper for the creation, development, establishment,maintenance, or operation of a project or any part of a project.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-14
Acquisition of property from political subdivisions or publicentities
Sec. 14. Each:
(1) county, city, town, township, and other political subdivisionof the state; and
(2) public agency, department, and commission;
may, upon the terms and conditions that the proper authorities of theentity and the commission consider reasonable and appropriate,lease, lend, grant, or convey to the commission, at the commission'srequest, real or personal property, including an interest in theproperty, owned by the entity that is necessary or convenient toachieving the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-15
Property improvements
Sec. 15. In establishing and developing projects, the commissionmay:
(1) construct, reconstruct, establish, build, repair, remodel,enlarge, extend, or add to facilities, betterments, andimprovements; and
(2) clear and prepare any site for construction;
that the commission considers appropriate in furtherance of thepurposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-16
Conveyance of property to political subdivisions or public entities
Sec. 16. (a) The commission may sell, transfer, or convey to:
(1) a political subdivision of the state; or
(2) a public agency, department, or agency;for the consideration and upon the terms that the commissionconsiders appropriate real property, including a facility, a betterment,or an improvement, within the projects or acquired under thischapter, if the sale, transfer, or conveyance and ownership by thetransferee furthers the purposes of this chapter.
(b) Transfer is subject to the restrictions that the commissionconsiders appropriate in furtherance of the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-17
Management of projects; maintenance training
Sec. 17. (a) The commission may provide for the construction,improvement, development, operation, and management of projects,including any facilities, betterments, and improvements that are partof projects, in the manner that the commission considers appropriatein furtherance of the purposes of this chapter.
(b) The commission may enter into:
(1) a lease agreement as lessor or sublessor; or
(2) an operation or a license agreement;
with respect to all or part of a site, a facility, a betterment, or animprovement that is part of projects with at least one (1) public orprivate person or entity, including political subdivisions of the stateand public agencies, departments, and agencies, on the terms andconditions that the commission considers appropriate in furtheranceof the purposes of this chapter.
(c) The commission shall provide or provide for the training andinstruction of persons who are responsible for maintaining any leveesor other improvements related to flood control under this article. Thetraining and instruction must be sufficient to enable those persons toproperly maintain the levees or other improvements related to floodcontrol.
As added by P.L.1-1995, SEC.6. Amended by P.L.181-2009, SEC.3.
IC 14-13-2-18
General powers of commission
Sec. 18. The commission may do the following:
(1) Adopt bylaws for the regulation of the commission's affairsand the conduct of the commission's business.
(2) Adopt an official seal, which may not be the seal of thestate.
(3) Maintain a principal office and other offices that thecommission designates.
(4) Sue and be sued in the name and style of "Little CalumetRiver Basin Development Commission", with service of processbeing made upon the chairman of the commission by leaving acopy at the principal office of the commission.
(5) Acquire by grant, purchase, gift, devise, lease, eminentdomain, or otherwise and hold, use, sell, lease, or dispose of:
(A) real and personal property of every kind and nature; and
(B) any right and interest; necessary for the full exercise or convenient or useful for thecarrying on of any of the commission's powers under thischapter.
(6) Exercise within Indiana and in the name of the state ofIndiana the power of eminent domain under Indiana lawgoverning the exercise of the power of eminent domain for anypublic purposes.
(7) Fix, collect, and review admission charges, entrance fees,tolls, and other user charges for the use of a facility within theprojects owned or leased by the commission or dedicated to thecommission by a political subdivision of the state or a publicagency, department, or commission having jurisdiction of thefacility.
(8) Acquire by fee or by lease, obtain option on, hold, anddispose of real and personal property reasonably necessary andproper to the exercise of the commission's powers and theperformance of the commission's duties under this chapter.
(9) Make and enter into all contracts, undertakings, andagreements necessary or incidental to the performance of thecommission's duties and the execution of the commission'spowers under this chapter.
(10) Employ and fix the compensation of an executive directoror manager, consulting engineers, superintendents, and otherengineers, construction and accounting experts, attorneys, andother employees and agents necessary in the commission'sjudgment.
(11) Conduct studies of the financial feasibility of the floodcontrol and park and recreational projects and facilities,betterments, and improvements within those projects.
(12) Avail itself of the services of professional and otherpersonnel employed by an agency, a department, or acommission of the state for purposes of studying the feasibilityof or designing, constructing, or maintaining the projects or afacility within those projects.
(13) Receive and accept:
(A) from the federal government or a federal agency ordepartment grants for or in aid of the acquisition,construction, improvement, or development of any part ofthe projects of the commission; and
(B) aid or contributions from any source of money, property,labor, or other things of value;
to be held, used, and applied only for the purposes, consistentwith the purposes of this chapter, for which the grants andcontributions may be made.
(14) Hold, use, administer, and expend money that isappropriated or transferred to the commission.
(15) Assist or cooperate with a political subdivision or publicagency, department, or commission, including the payment ofmoney or the transfer of property to the political subdivision orpublic agency, department, or commission by the commission
if the commission considers the assistance or cooperationappropriate in furtherance of the purposes of this chapter.
(16) Accept assistance and cooperation from a politicalsubdivision or public agency, department, or commission,including the acceptance of money or property by thecommission from the political subdivision or public agency,department, or commission, if the commission considers theassistance or cooperation appropriate in furtherance of thepurposes of this chapter.
(17) Do all acts and things necessary or proper to carry out thepowers expressly granted in this chapter.
(18) Enter into and carry out the terms of a nonfederal interest(as defined by 42 U.S.C. 1962d-5b).
(19) Provide police protection for the commission's propertyand activities by:
(A) requesting assistance from state, city, or county policeauthorities; or
(B) having specified employees deputized as police officers.
(20) Make contracts and leases for facilities and services.
(21) Appoint the administrative officers and employeesnecessary to carry out the work of the commission, fix theirduties and compensation, and delegate authority to performministerial acts in all cases except where final action of thecommission is necessary.
(22) Engage in self-supporting activities.
(23) Contract for special and temporary services and forprofessional assistance.
(24) Invoke any legal, equitable, or special remedy for theenforcement of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-19
Creation of fund
Sec. 19. (a) The Little Calumet River project development fundis created. The commission shall make expenditures from the fundonly to accomplish the purposes of this chapter.
(b) The commission shall do the following:
(1) Hold the fund in the name of the commission.
(2) Administer the fund.
(3) Make all expenditures from the fund.
(c) The money in the fund at the end of a fiscal year remains inthe fund and does not revert to any other fund.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-20
Revenue bonds; issuance
Sec. 20. (a) The acquisition, construction, or improvement of realproperty, a facility, a betterment, or an improvement constituting partof a project of the commission, including acquisition of the site fora project, may be financed in whole or in part by the issuance of
bonds payable solely out of the net income received from theoperation of the real property, facility, betterment, or improvement.
(b) If the commission desires to finance an acquisition, aconstruction, or an improvement in whole or in part as provided inthis section or sections 21 through 26 of this chapter, the commissionmust adopt a resolution authorizing the issuance of bonds. Theresolution must set forth the following:
(1) The date on which the principal of the bonds matures, notexceeding forty (40) years from the date of issuance.
(2) The maximum interest rate to be paid on the bonds.
(3) Other terms and conditions upon which the bonds areissued.
(c) The commission shall take all actions necessary to issue thebonds in accordance with the resolution. The commission may enterinto a trust agreement with a trust company as trustee for thebondholders. An action to contest the validity of any bonds to beissued under this chapter may not be brought after the fifteenth dayfollowing the receipt of bids for the bonds.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-21
Revenue bonds; not debt of state or subdivision; payable solelyfrom money pledged
Sec. 21. (a) Revenue bonds issued under this chapter or underIC 14-6-29.5 (before its repeal) do not constitute any of thefollowing:
(1) A debt of the state or of a political subdivision of the state.
(2) A pledge of the faith and credit of the state or a politicalsubdivision of the state.
(b) The bonds are payable solely from the revenues pledged fortheir payment as authorized in this chapter or in IC 14-6-29.5 (beforeits repeal).
As added by P.L.1-1995, SEC.6.
IC 14-13-2-22
Revenue bonds; redemption; negotiability
Sec. 22. (a) Revenue bonds issued under this chapter or underIC 14-6-29.5 (before its repeal) may be made redeemable beforematurity at the option of the commission at the price and under theterms and conditions that are determined by the commission in theauthorizing resolution. The commission shall do the following:
(1) Determine the form of the bonds, including any interestcoupons to be attached to the bonds.
(2) Fix the denomination of the bonds.
(3) Fix the place of payment of principal and interest, whichmay be at any bank or trust company within or outside Indiana.
(b) Revenue bonds have the qualities and incidents of negotiableinstruments under Indiana law. Provision may be made for theregistration of any of the bonds as to principal alone and also as toboth principal and interest.As added by P.L.1-1995, SEC.6.
IC 14-13-2-23
Revenue bonds; requirements
Sec. 23. (a) Revenue bonds issued under this chapter shall beissued in the name of the commission and must recite on the face ofeach bond that the principal of and interest on the bond are payablesolely from revenues pledged for their payment and are not anobligation of the state or of a political subdivision of the state.
(b) The chairman of the commission shall execute the bonds, andthe secretary of the commission shall affix and attest the seal of thecommission.
(c) Coupons attached to the bonds must bear the facsimilesignature of the chairman of the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-24
Revenue bonds; authority to issue
Sec. 24. This chapter and IC 14-6-29.5 (before its repeal)constitute full and complete authority for the issuance of revenuebonds. A law, a procedure or proceeding, a publication, a notice, aconsent, an approval, an order, an act, or a thing by the commissionor any other officer, department, agency, or instrumentality of thestate, county, or a municipality is not required to issue revenue bondsexcept as prescribed in this chapter or in IC 14-6-29.5 (before itsrepeal).
As added by P.L.1-1995, SEC.6.
IC 14-13-2-25
Revenue bonds; legal investments
Sec. 25. Revenue bonds issued under this chapter or underIC 14-6-29.5 (before its repeal) constitute legal investments for thefollowing:
(1) Private trust money.
(2) The money of banks, trust companies, insurance companies,building and loan associations, credit unions, banks of discountand deposit, savings associations, mortgage guarantycompanies, small loan companies, industrial loan andinvestment companies, and any other financial institutionsorganized under Indiana law.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-26
Revenue bonds; refunding bonds
Sec. 26. (a) The commission may issue refunding bonds in thecommission's name for the following purposes:
(1) Refunding any bonds then outstanding and issued under thischapter or under IC 14-6-29.5 (before its repeal), includingpayment of redemption premium and interest accrued or toaccrue to the date of redemption of the outstanding bonds. (2) If considered advisable by the commission, constructingimprovements, extensions, or enlargements of a facility, abetterment, or an improvement in connection with which thebonds to be refunded have been issued.
(b) The issuance of the refunding bonds, the maturity dates andother details, and all rights, duties, and obligations of the holders ofthe refunding bonds and of the commission with respect to therefunding bonds are subject to this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-27
Public purpose
Sec. 27. The exercise of the powers granted by this chapter is forthe benefit of the people of Indiana and for the increase of theircommerce, health, enjoyment, and prosperity. The operation,creation, development, and maintenance of the projects by thecommission constitutes the performance of essential governmentalfunctions.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-28
Tax exemptions
Sec. 28. (a) The commission is not required to pay any taxes orassessments upon any of the following:
(1) A project of the commission.
(2) A facility, a betterment, or an improvement within a project.
(3) Property acquired or used by the commission under thischapter or under IC 14-6-29.5 (before its repeal).
(4) The income or revenue from the property.
(b) The:
(1) bonds issued under this chapter or under IC 14-6-29.5(before its repeal);
(2) interest on the bonds;
(3) proceeds received by a holder from the sale of the bonds tothe extent of the holder's cost of acquisition;
(4) proceeds received upon redemption before maturity orproceeds received at maturity; and
(5) receipt of interest and proceeds;
are exempt from taxation in Indiana for all purposes except thefinancial institutions tax imposed under IC 6-5.5 or a stateinheritance tax imposed under IC 6-4.1.
As added by P.L.1-1995, SEC.6. Amended by P.L.254-1997(ss),SEC.20.
IC 14-13-2-29
Little Calumet River basin
Sec. 29. (a) As used in this section, "Little Calumet River basin"means the area and subareas that:
(1) drain into the western arm of the Little Calumet River; and
(2) are certified by the department after consultation with the
following:
(A) The county surveyors.
(B) The United States Army Corps of Engineers.
(b) If a regulated drain situated within the Little Calumet Riverbasin is included in a flood control project approved by thedepartment:
(1) the drain ceases to be subject to IC 36-9-27; and
(2) the agency that constructs and maintains the project on thedate the flood control project is approved has the sameright-of-entry and right-of-way powers over and upon privateland that is given the county surveyor or drainage board underIC 36-9-27-33.
(c) The construction, reconstruction, and maintenance of a draindescribed in subsection (b) are the responsibility of the agency thatconstructs and maintains the project.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-30
Deposits; audits
Sec. 30. The commission is responsible for the safekeeping anddeposit of money the commission receives under this chapter. Thestate board of accounts shall:
(1) prescribe the methods and forms for the keeping of; and
(2) annually audit;
the accounts, records, and books of the commission and fund.
As added by P.L.181-2009, SEC.4.
IC 14-13-2-31
Reports
Sec. 31. (a) Subject to subsection (c), before November 1 of eachyear, the commission shall make a report of the commission'sactivities to the following:
(1) The governor.
(2) The legislative council.
(b) A report made to the legislative council under this sectionmust be in an electronic format under IC 5-14-6.
(c) The governor may require the commission to issue reportsmore frequently than would otherwise be required under subsection(a).
As added by P.L.181-2009, SEC.5.