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 isestablished as a separate body corporate and politic to carry out thepurposes of this article by:
(1) acquiring, constructing, equipping, owning, leasing, andfinancing projects and facilities for lease to or for the benefit ofeligible political subdivisions under this article;
(2) funding and developing the Gary/Chicago InternationalAirport expansion and other airport authority projects,commuter transportation district and other rail projects andservices, regional bus authority projects and services, regionaltransportation authority projects and services, shorelinedevelopment projects and activities, and economic developmentprojects in northwestern Indiana; and
(3) assisting with the funding of infrastructure needed to sustaindevelopment 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 andduties 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 thedevelopment board appointed under this section.
(b) Except as provided in subsections (e), (f), and (h), thedevelopment board is composed of the following seven (7) members:
(1) Two (2) members appointed by the governor. One (1) of themembers appointed by the governor under this subdivision mustbe an individual nominated under subsection (d). The membersappointed by the governor under this subdivision serve at thepleasure of the governor.
(2) The following members from a county having a populationof more than four hundred thousand (400,000) but less thanseven hundred thousand (700,000):
(A) One (1) member appointed by the mayor of the largestcity in the county in which a riverboat is located.
(B) One (1) member appointed by the mayor of the secondlargest city in the county in which a riverboat is located. (C) One (1) member appointed by the mayor of the thirdlargest city in the county in which a riverboat is located.
(D) One (1) member appointed jointly by the countyexecutive and the county fiscal body. A member appointedunder this clause may not reside in a city described in clause(A), (B), or (C).
(3) One (1) member appointed jointly by the county executiveand county fiscal body of a county having a population of morethan one hundred forty-five thousand (145,000) but less thanone hundred forty-eight thousand (148,000).
(c) A member appointed to the development board must haveknowledge and at least five (5) years professional work experiencein 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 populationof more than one hundred forty-five thousand (145,000) but less thanone 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 theexpiration of the member's term, the mayor of the second largest cityin the county shall nominate three (3) residents of the county forappointment to the development board. One (1) of the governor'sappointments under subsection (b)(1) must be an individualnominated by the mayor. Thereafter, the authority to nominate thethree (3) individuals from among whom the governor shall make anappointment under subsection (b)(1) shall alternate between themayors of the largest and the second largest city in the county at theexpiration of a member's term.
(e) A county having a population of more than one hundred tenthousand (110,000) but less than one hundred fifteen thousand(115,000) shall be an eligible county participating in thedevelopment authority if the fiscal body of the county adopts anordinance before September 15, 2006, providing that the county isjoining the development authority, and the fiscal body of a city thatis located in the county and that has a population of more thanthirty-two thousand eight hundred (32,800) but less than thirty-threethousand (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 thissubsection and the county becomes an eligible county participatingin 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 thefollowing manner:
(A) One (1) additional member shall be appointed by thegovernor and shall serve at the pleasure of the governor. The
member appointed under this clause must be an individualnominated under subsection (f).
(B) One (1) additional member shall be appointed jointly bythe county executive and county fiscal body.
(f) This subsection applies only if the county described insubsection (e) is an eligible county participating in the developmentauthority. The mayor of the largest city in the county described insubsection (e) shall nominate three (3) residents of the county forappointment to the development board. The governor's initialappointment under subsection (e)(2)(A) must be an individualnominated by the mayor. At the expiration of the member's term, themayor of the second largest city in the county described in subsection(e) shall nominate three (3) residents of the county for appointmentto the development board. The governor's second appointment undersubsection (e)(2)(A) must be an individual nominated by the mayor.Thereafter, the authority to nominate the three (3) individuals fromamong whom the governor shall make an appointment undersubsection (e)(2)(A) shall alternate between the mayors of the largestand the second largest city in the county at the expiration of amember's term.
(g) An individual or entity required to make an appointment undersubsection (b) or nominations under subsection (d) must make theinitial appointment before September 1, 2005, or the initialnomination before August 15, 2005. If an individual or entity doesnot make an initial appointment under subsection (b) beforeSeptember 1, 2005, or the initial nominations required undersubsection (d) before September 1, 2005, the governor shall insteadmake the initial appointment.
(h) Subsection (i) applies only to municipalities located in acounty that:
(1) has a population of more than one hundred forty-fivethousand (145,000) but less than one hundred forty-eightthousand (148,000); and
(2) was a member of the development authority on January 1,2009, and subsequently ceases to be a member of thedevelopment authority.
(i) If the fiscal bodies of at least two (2) municipalities subject tothis subsection adopt ordinances to become members of thedevelopment authority, those municipalities shall become membersof the development authority. If two (2) or more municipalitiesbecome members of the development authority under this subsection,the fiscal bodies of the municipalities that become members of thedevelopment authority shall jointly appoint one (1) member of thedevelopment board who shall serve in place of the member describedin subsection (b)(3). A municipality that becomes a member of thedevelopment authority under this subsection is considered an eligiblemunicipality 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 initialappointments to the development board, a member appointed to thedevelopment board serves a four (4) year term. However, a memberserves at the pleasure of the appointing authority. A member may bereappointed to subsequent terms.
(b) The terms of the initial members appointed to the developmentboard are as follows:
(1) The initial member appointed by the governor who is notnominated under section 3(d) or 3(f) of this chapter shall servea term of four (4) years.
(2) The initial member appointed by the governor who isnominated under section 3(d) of this chapter shall serve a termof two (2) years. If a member is appointed under section3(e)(2)(A) of this chapter, the initial member who is appointedunder that provision shall serve a term of two (2) years.
(3) The initial member appointed under section 3(b)(2)(D) ofthis chapter shall serve a term of three (3) years.
(4) The initial member appointed under section 3(b)(3) of thischapter 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 thischapter, the initial member appointed under that provision shallserve a term of three (3) years.
(c) If a vacancy occurs on the development board, the appointingauthority that made the original appointment shall fill the vacancy byappointing a new member for the remainder of the vacated term.
(d) Each member appointed to the development board, beforeentering upon the duties of office, must take and subscribe an oath ofoffice under IC 5-4-1, which shall be endorsed upon the certificateof appointment and filed with the records of the development board.
(e) A member appointed to the development board is not entitledto receive any compensation for performance of the member's duties.However, a member is entitled to a per diem from the developmentauthority for the member's participation in development boardmeetings. The amount of the per diem is equal to the amount of theper 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 section3(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 untilJanuary 2013. At the election under subsection (b) in 2013 and each
year thereafter, the chair shall be elected from among the membersof the development board.
(b) In January of each year, the development board shall hold anorganizational meeting at which the development board shall electthe 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 countymay serve as an officer described in subsection (a) or elected undersubsection (b). The affirmative vote of at least five (5) members ofthe development board is necessary to elect an officer undersubsection (b). However, if the county described in section 3(e) ofthis chapter is an eligible county participating in the developmentauthority, the affirmative vote of at least six (6) members of thedevelopment board is necessary to elect an officer under subsection(b).
(d) An officer elected under subsection (b) serves from the dateof the officer's election until the officer's successor is elected andqualified.
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) membersof the development board may call a special meeting of thedevelopment board.
(c) Five (5) members of the development board constitute aquorum. However, if the county described in section 3(e) of thischapter is an eligible county participating in the developmentauthority, six (6) members of the development board constitute aquorum.
(d) The affirmative votes of at least five (5) members of thedevelopment board are necessary to authorize any action of thedevelopment authority. However, if the county described in section3(e) of this chapter is an eligible county participating in thedevelopment authority, the affirmative votes of at least six (6)members of the development board are necessary to authorize anyaction of the development authority.
(e) Notwithstanding any other provision of this article, theminimum number of affirmative votes required under subsection (d)to take any of the following actions must include the affirmative voteof the member appointed by the governor who is not nominatedunder section 3(d) or 3(f) of this chapter:
(1) Making loans, loan guarantees, or grants or providing anyother funding or financial assistance for projects.
(2) Acquiring or condemning property.
(3) Entering into contracts. (4) Employing an executive director or any consultants ortechnical 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 rulesthat the development board considers necessary for the properconduct of the development board's duties and the safeguarding ofthe 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 worksproject 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 biddingstatutes and regulations. An eligible political subdivision thatreceives a loan, a grant, or other financial assistance from thedevelopment authority or enters into a lease with the developmentauthority must comply with applicable federal, state, and local publicpurchasing and bidding law and regulations. However, a purchasingagency (as defined in IC 5-22-2-25) of an eligible politicalsubdivision may:
(1) assign or sell a lease for property to the developmentauthority; or
(2) enter into a lease for property with the developmentauthority;
at any price and under any other terms and conditions as may bedetermined by the eligible political subdivision and the developmentauthority. However, before making an assignment or sale of a leaseor entering into a lease under this section that would otherwise besubject to IC 5-22, the eligible political subdivision or its purchasingagent must obtain or cause to be obtained a purchase price for theproperty to be subject to the lease from the lowest responsible andresponsive bidder in accordance with the requirements for thepurchase of supplies under IC 5-22.
(b) In addition to the provisions of subsection (a), with respect toprojects undertaken by the authority, the authority shall set a goal forparticipation 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 withinthe budgeted amount and, insofar as possible, using Indianabusinesses for employees, goods, and services. In fulfilling the goal,the authority shall take into account historical precedents in the samemarket.
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 witha certified public accountant for an annual financial audit of thedevelopment authority. The certified public accountant may not havea significant financial interest, as determined by the office ofmanagement and budget, in a project, facility, or service funded byor leased by or to the development authority. The certified publicaccountant shall present an audit report not later than four (4) monthsafter the end of the development authority's fiscal year and shallmake recommendations to improve the efficiency of developmentauthority operations. The certified public accountant shall alsoperform a study and evaluation of internal accounting controls andshall express an opinion on the controls that were in effect during theaudit period. The development authority shall pay the cost of theannual financial audit. In addition, the state board of accounts mayat any time conduct an audit of any phase of the operations of thedevelopment authority. The development authority shall pay the costof any audit by the state board of accounts.
As added by P.L.214-2005, SEC.73.