CHAPTER 3. LAKE MICHIGAN MARINA DEVELOPMENT COMMISSION
IC 14-13-3
Chapter 3. Lake Michigan Marina Development Commission
IC 14-13-3-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to the LakeMichigan marina development commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-2
"Corridor" defined
Sec. 2. As used in this chapter, "corridor" means the strip of landin Indiana abutting Lake Michigan and the tributaries of LakeMichigan.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-3
Establishment of commission
Sec. 3. The Lake Michigan marina development commission isestablished.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-4
Members
Sec. 4. (a) The commission consists of the following members:
(1) The executive of Gary.
(2) The executive of Hammond.
(3) The executive of East Chicago.
(4) The executive of Portage.
(5) The executive of Michigan City.
(6) The executive of Whiting.
(7) The president of the Indiana economic developmentcorporation or the president's designee, who is a nonvotingmember.
(8) The director of the department, who is a nonvoting member.
(9) One (1) member appointed jointly by the executives ofBurns Harbor, Porter, Ogden Dunes, Dune Acres, and BeverlyShores.
(10) The director of the office of tourism development or thedirector's designee, who serves as a nonvoting member.
(b) A member of the commission may designate an individual toserve on the commission in the member's place.
As added by P.L.1-1995, SEC.6. Amended by P.L.133-2001, SEC.1;P.L.229-2005, SEC.10.
IC 14-13-3-5
Filling of vacancies
Sec. 5. A vacancy occurring in the membership of the commissionshall be filled for the unexpired term in the same manner and underthe same conditions as for the original appointments.As added by P.L.1-1995, SEC.6.
IC 14-13-3-6
Traveling expenses
Sec. 6. (a) Members of the commission are not entitled to receivefrom the commission a per diem. However, the members are entitledto receive an amount for mileage or travel.
(b) Designees:
(1) of members of the commission; and
(2) who are not holders of public office;
are entitled to receive from the commission an amount for per diem,mileage, and travel allowance equal to that fixed by the budgetagency as payment to all persons entitled to receive those paymentsfrom the state.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-7
Quorum
Sec. 7. Four (4) voting members constitute a quorum.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-8
Officers
Sec. 8. (a) The commission shall elect the following officers fromamong the commission's members:
(1) A chairman.
(2) A vice chairman.
(3) A treasurer.
(b) Each officer serves a term of one (1) year beginning July 1 ofeach year.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-9
Meetings
Sec. 9. (a) The commission:
(1) shall fix the time for regular meetings; and
(2) may hold special meetings on call of the chairman withseven (7) days written notice.
(b) A member may waive written notice of a specific meeting bya written notice filed with the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-10
Comprehensive plan; recommended legislation
Sec. 10. (a) The commission shall study various plans andrecommendations that are proposed concerning marina developmentalong the corridor. Based on these studies, the commission shall dothe following:
(1) Prepare a comprehensive plan.
(2) Recommend state and local legislation for the development
of marinas along the corridor.
(3) Coordinate the implementation of the plan and legislation.
(b) The commission may make grants of money to units of localgovernment for the construction or improvement of a marina in thecorridor if the grants are consistent with the plans, standards, andcriteria established by the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-11
General powers
Sec. 11. (a) When necessary to accomplish the purposes of thecommission, the commission may do the following:
(1) Conduct studies necessary for the performance of thecommission's duties.
(2) Publicize, advertise, and distribute reports on thecommission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to thecommission's functions and objectives to the following:
(A) Political subdivisions in and adjacent to the corridor.
(B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programsand activities of other public and private agencies that arerelated to the commission's objectives.
(5) Acquire and dispose of real or personal property by grant,gift, purchase, lease, devise, or otherwise.
(6) Hold, use, improve, maintain, operate, own, manage, orlease as lessor or lessee:
(A) real or personal property; or
(B) any interest in real or personal property.
(7) Employ an executive director and other individuals that arenecessary to carry out the commission's duties.
(b) The commission may contract for staff services with:
(1) qualified agencies or individuals; or
(2) a planning commission established under IC 36-7-7;
unless the commission employs the commission's own staff.
(c) It is the goal of marina projects under this chapter to createemployment in the private sector.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-12
Grants and appropriations; advisory committees
Sec. 12. (a) The commission may receive grants andappropriations from the following:
(1) Federal, state, and local governments.
(2) Individuals.
(3) Foundations.
(4) Other organizations.
(b) The commission may enter into agreements or contractsregarding the acceptance or use of these grants and appropriations forthe purpose of carrying out the commission's activities under this
chapter.
(c) The commission may appoint advisory committees, which mayinclude representatives of the following:
(1) Municipal parks.
(2) County parks.
(3) National parks.
(4) Port authorities.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-13
Annual reports
Sec. 13. Before November 1 of each year, the commission shallmake a report of the commission's activities to each municipality thatappointed a commission member. The commission shall also makean annual report to the following:
(1) The governor, upon request of the governor.
(2) The legislative council, upon request of the legislativecouncil. The report must be in an electronic format underIC 5-14-6.
As added by P.L.1-1995, SEC.6. Amended by P.L.28-2004, SEC.127.
IC 14-13-3-14
Budgets
Sec. 14. (a) The commission shall prepare and adopt by majorityvote an annual budget that shall be submitted to each county,municipality, or agency appropriating money for the use of thecommission. After approval of the budget by the commission, moneymay be expended only as budgeted, unless a majority vote of thecommission authorizes other expenditures. If money is appropriatedby the commission for the use of a county, a municipality, or anagency, the money may not later be diverted from the county,municipality, or agency without the consent of the county,municipality, or agency.
(b) Appropriated money remaining unexpended or unencumberedat the end of the year becomes part of a nonreverting cumulative fundto be held in the name of the commission. The commission mayauthorize unbudgeted expenditures from this fund by a majority voteof the commission.
(c) The commission is responsible for the safekeeping and depositof money the commission receives under this chapter. The stateboard of accounts shall:
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of the commission.
(d) The treasurer of the commission may receive, disburse, andhandle money belonging to the commission, subject to the following:
(1) Applicable statutes.
(2) Procedures established by the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-3-15
Powers of political subdivisions not limited
Sec. 15. This chapter does not limit the power of a participatingcounty, township, port authority, or municipal corporation to developor improve a port, terminal, or lakefront facility.
As added by P.L.1-1995, SEC.6.