CHAPTER 7.6. NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION
IC 36-7-7.6
Chapter 7.6. Northwestern Indiana Regional PlanningCommission
IC 36-7-7.6-1
Applicability
Sec. 1. This chapter applies to the area consisting of the followingcounties:
(1) A county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand(700,000).
(2) A county having a population of more than one hundredforty-five thousand (145,000) but less than one hundredforty-eight thousand (148,000).
(3) A county having a population of more than one hundred tenthousand (110,000) but less than one hundred fifteen thousand(115,000).
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-2
"Commission"
Sec. 2. As used in this chapter, "commission" means thenorthwestern Indiana regional planning commission established bysection 3 of this chapter.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-3
Establishment
Sec. 3. The northwestern Indiana regional planning commissionis established for the area described in section 1 of this chapter.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-4
Commission membership
Sec. 4. (a) The following members shall be appointed to thecommission:
(1) A member of the county executive of each county describedin section 1 of this chapter, to be appointed by the countyexecutive.
(2) A member of the county fiscal body of each countydescribed in section 1 of this chapter, to be appointed by thecounty fiscal body.
(3) The county surveyor of each county described in section 1of this chapter.
(4) For a county having a population of not more than fourhundred thousand (400,000), one (1) person appointed by theexecutive of each of the eleven (11) largest municipalities.
(5) For a county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand(700,000), one (1) person appointed by the executive of each of
the nineteen (19) largest municipalities.
(6) Beginning July 1, 2007, one (1) person appointed by thetrustee of each township that:
(A) is located in a county described in section 1 of thischapter;
(B) has a population of at least eight thousand (8,000); and
(C) does not contain a municipality.
(b) One (1) voting member of the commission shall be appointedby the governor. The member appointed under this subsection maynot vote in a weighted vote under section 9 of this chapter.
(c) A member of the commission who is a county surveyor maynot vote in a weighted vote under section 9 of this chapter.
As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006,SEC.57.
IC 36-7-7.6-5
Members; expense reimbursement; vacancies
Sec. 5. (a) All commission members must be elected officials.
(b) All persons appointed to the commission must be:
(1) knowledgeable in matters of physical, social, or economicdevelopment of the region; and
(2) residents of the municipality, county, or region that theyrepresent.
(c) A member of the commission may also serve as a member ofa plan commission in the region.
(d) Members of the commission shall serve without salary butmay be reimbursed for expenses incurred in the performance of theirduties.
(e) The respective appointing authorities shall certify theirappointments, and the certification shall be retained as a part of therecords of the commission.
(f) Each member serves at the pleasure of the appointingauthority. The appointing authority shall give written notice to thecommission of a change of an appointee and the effective date of thatchange.
(g) If a vacancy occurs by resignation or otherwise, the appointingauthority shall promptly appoint a replacement member.
(h) If a member of the commission is absent for more than three(3) consecutive meetings of the full commission, the commissionshall notify that member's appointing authority and request theappointing authority to do one (1) of the following:
(1) Replace the member.
(2) Take action to assure the member's conscientious attendanceat meetings of the full commission.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-6
Offices
Sec. 6. (a) At its first regular meeting in each year, thecommission shall elect from its members a chairperson, vice
chairperson, secretary, and treasurer.
(b) Not more than two (2) of the officers elected under subsection(a) may be from the same county.
(c) The vice chairperson may act as chairperson during theabsence or disability of the chairperson.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-7
Meetings; notice
Sec. 7. (a) The commission shall fix the time and place forholding regular meetings, but it shall meet:
(1) at least quarterly; and
(2) at other times established by the commission or theexecutive board of the commission.
(b) The chairperson of the commission or five (5) members of thecommission may call a special meeting of the commission uponwritten request to the secretary of the commission. The secretaryshall send to all commission members at least forty-eight (48) hoursin advance of a special meeting a written notice fixing the time andplace of the special meeting. Written notice of a special meeting isnot required if:
(1) the time of the special meeting has been fixed in a regularmeeting; or
(2) all members are present at the special meeting.
(c) A commission member may waive notice of any meeting byfiling a written waiver with the secretary of the commission.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-8
Rules; records
Sec. 8. The commission shall adopt rules for the transaction ofbusiness and shall keep a record of its resolutions, transactions,findings, and determinations. The commission's record is a publicrecord.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-9
Quorum; official action by affirmative vote of quorum or weightedaffirmative vote
Sec. 9. (a) A majority of the commission members constitute aquorum.
(b) An action of the commission is official only if both thefollowing apply:
(1) The action is authorized at a regular meeting or a properlycalled special meeting in which at least one (1) member fromeach county described in section 1 of this chapter is present.
(2) The action is authorized by:
(A) the affirmative votes of a majority of the members of thecommission; or
(B) a weighted affirmative vote of more than fifty (50) if a
motion is made under subsection (c).
(c) Upon a motion by any one (1) member of the commission thatis properly seconded by another member at:
(1) a regular meeting; or
(2) a properly called special meeting;
the commission shall use the weighted voting process described insubsection (d).
(d) Each commission member has a weighted vote determined asfollows:
(1) In the case of a member appointed by the executive of amunicipality, the member's weighted vote is determined inSTEP FIVE of the following formula:
STEP ONE: Determine the population of the municipality asreported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of thecounties described in section 1 of this chapter as reported bythe 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONEby the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEPTHREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEPFOUR by one hundred (100).
(2) In the case of a member appointed by the executive of acounty, the member's weighted vote is determined in STEPFIVE of the following formula:
STEP ONE: Determine the population of the area in thecounty that is not within a municipality and is not within atownship described in section 4(a)(6) of this chapter asreported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of thecounties described in section 1 of this chapter as reported bythe 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONEby the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEPTHREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEPFOUR by fifty (50).
(3) In the case of a member appointed by a fiscal body, themember's weighted vote is determined in STEP FIVE of thefollowing formula:
STEP ONE: Determine the population of the area in thecounty that is not within a municipality and is not within atownship described in section 4(a)(6) of this chapter asreported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of thecounties described in section 1 of this chapter as reported bythe 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONE
by the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEPTHREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEPFOUR by fifty (50).
(4) In the case of a member appointed by the trustee of atownship under section 4(a)(6) of this chapter, the member'sweighted vote is determined in STEP FIVE of the followingformula:
STEP ONE: Determine the population of the township asreported by the 2000 decennial census.
STEP TWO: Determine the sum of the population of thecounties described in section 1 of this chapter as reported bythe 2000 decennial census.
STEP THREE: Divide the number determined in STEP ONEby the number determined in STEP TWO.
STEP FOUR: Round the number determined in STEPTHREE to the nearest ten-thousandth (0.0001).
STEP FIVE: Multiply the number determined in STEPFOUR by fifty (50).
As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006,SEC.58; P.L.39-2007, SEC.2.
IC 36-7-7.6-10
Executive board
Sec. 10. (a) The commission shall elect from among its members,by the affirmative votes of a majority of the members serving on thecommission, an executive board that consists of the following:
(1) The four (4) officers of the commission.
(2) Two (2) members of the commission from each countydescribed in section 1 of this chapter.
(3) The member of the commission appointed by the governor.
(b) If a vacancy occurs in a position on the executive boardreferred to in subsection (a)(2), a successor shall be elected fromamong the members in the same manner as the member whoseposition has been vacated.
(c) The executive board shall conduct the business of thecommission, except for:
(1) the adoption and amendment of bylaws, rules, andprocedures for the operation of the commission;
(2) the election of officers and members of the executive boardas provided in this chapter; and
(3) the adoption of the annual appropriation budget after reviewby the executive board.
(d) The executive board shall meet regularly at least one (1) timeeach month, unless otherwise determined by its members. Theexecutive board shall notify the full membership of the commissionof all its meetings with copies of its preliminary or final agendas andshall report all its actions and determinations to the full membershipof the commission. (e) A majority of members of the executive board constitutes aquorum. An action of the executive board is official only if it isauthorized by an affirmative vote of a majority of the total numberof members serving on the board at a regular or properly calledspecial meeting. Any action of the executive board shall be reviewedat the next regular meeting of the commission following theexecutive board's action. Upon either:
(1) a decision by the majority of the board; or
(2) written request of a member of the commission;
an issue shall be brought to a vote of the full commission.
(f) If the immediate past chairperson is not serving as a memberof the executive board under subsection (a), that individual shall bea nonvoting member of the executive board.
As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.3.
IC 36-7-7.6-11
Executive director; powers and duties
Sec. 11. (a) After review and recommendation by the executiveboard, the commission shall appoint an executive director, whoserves at the pleasure of the commission. The executive director mustbe qualified by training and experience in the management of publicagencies and must be knowledgeable in planning.
(b) The executive director is the chief administrative officer andregular technical adviser of the commission. Subject to supervisionby the commission and in furtherance of the purposes of thecommission, the executive director:
(1) shall execute the commission functions;
(2) shall appoint and remove the staff of the commission;
(3) shall submit to the commission annually, or more often ifrequired, a status report on the operation of the commission;
(4) may, with the approval of the executive board, executecontracts, leases, or agreements with other persons on behalf ofthe commission;
(5) shall be given access by all governmental agencies, upon theexecutive director's written request, to all studies, reports,surveys, records, and other information and material in theirpossession that are required by the executive director for theaccomplishment of the activities and objectives of thecommission;
(6) shall propose annually a budget for the operation of thecommission and administer the budget as approved by thecommission;
(7) shall keep the records and care for and preserve all papersand documents of the commission; and
(8) shall perform other duties and may exercise other powersthat the commission or the executive board delegates to theexecutive director.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-12 Purpose of commission
Sec. 12. The purpose of the commission is to institute andmaintain a comprehensive planning and programming process for:
(1) transportation;
(2) economic development; and
(3) environmental;
policy and provide a coordinative management process for thecounties described in section 1 of this chapter. The commission shallcoordinate its activities with all member units in the counties andshall coordinate and assist the planning programs of member unitsand the state that are related to its purpose.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-13
Commission powers
Sec. 13. The commission may do any of the following in supportof a purpose listed under section 12 of this chapter:
(1) Transact business and enter into contracts.
(2) Receive grants or appropriations from federal, state, or localgovernmental entities or from individuals or foundations andenter into agreements or contracts regarding the acceptance oruse of those grants and appropriations to carry out any of theactivities of the commission.
(3) Apply for, receive, and disburse gifts, contributions, andgrants of funds or in-kind services.
(4) Acquire by grant, purchase, gift, devise, lease, or otherwiseand hold, use, sell, improve, maintain, operate, own, manage,lease, or dispose of:
(A) real and personal property of every kind and nature; and
(B) any right and interest;
as necessary for the exercise of, or convenient or useful for thecarrying out of, the commission's purposes under this chapter.
(5) Make and enter into all contracts, undertakings, andagreements necessary or incidental to the performance of thecommission's purposes.
(6) Employ and fix the reasonable compensation of anyemployees and agents the commission considers necessary.
(7) Contract for special and temporary services and forprofessional assistance.
(8) Hold, use, administer, and expend money that isappropriated or transferred to the commission.
(9) Make contracts and leases for facilities and services.
(10) Act as a coordinating agency for programs and activities ofother public and private agencies that are related to thecommission's objectives.
(11) Enter into agreements or partnerships to do the following:
(A) Assist in coordinating activities involving state and localgovernment, business organizations, and nonprofitorganizations.
(B) Assist in the development and implementation of
programs by other regional agencies and entities.
(12) Enter into coordinative arrangements with:
(A) any unit of government in Indiana or an adjoining state;
(B) an overlapping multicounty or interstate planning ordevelopment agency;
(C) a state agency;
(D) a federal agency;
(E) a private entity; or
(F) a minority business enterprise as defined byIC 4-13-16.5;
that are appropriate to the achievement of the commission'sobjectives or to address a common issue.
(13) Provide any administrative, management, or technicalservices to a unit of local government that requests the services.The local unit and the commission may enter into a contractconcerning the commission's provision of administrative,management, or technical services and the cost to the local unitfor the services.
(14) Conduct all necessary studies for the accomplishment ofthe commission's purpose.
(15) Publicize the commission's purposes, objectives, andfindings, and distribute reports on those purposes, objectives,and findings.
(16) Provide recommendations to units of local government andto other public and private agencies.
(17) Make loans and issue notes as provided in section 19 ofthis chapter.
As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.4.
IC 36-7-7.6-14
Adoption of regional plan, program, or policy; county exemption
Sec. 14. The commission may adopt by resolution any regionalcomprehensive or functional plan, program, or policy as thecommission's official recommendation for the development of theregion, subject to the power of a county to exempt itself undersection 15 of this chapter. The commission shall provide an annualreport of its activities to the legislative bodies of the counties andmunicipalities in the region.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-15
Petition not to implement program
Sec. 15. If the commission receives a petition that:
(1) is signed by a majority of the commission membersrepresenting a county affected by a particular program; and
(2) objects to the establishment of the program within thatcounty;
the commission may not implement the program in that county.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-16
Advisory committees
Sec. 16. (a) The commission must appoint advisory committeesto assist in the achievement of its objectives. The membership ofadvisory committees shall not be limited to the members of thecommission.
(b) At least one (1) advisory committee must be appointed with amembership that is representative of the private sector of thecommunities served by the commission and must include membersrepresentative of:
(1) postsecondary educational institutions;
(2) minority business enterprises;
(3) labor and workforce organizations; and
(4) manufacturing entities;
active in at least one (1) of the communities served by thecommission.
(c) Members of advisory committees are not entitled tocompensation for their services but may be reimbursed by thecommission for expenses incurred in the performance of their duties.
As added by P.L.165-2003, SEC.6. Amended by P.L.2-2007,SEC.387.
IC 36-7-7.6-17
Surveys or studies by county or municipal employees
Sec. 17. A county or municipality may periodically, upon therequest of the commission, assign or detail to the commission anyemployees of the county or municipality to make special surveys orstudies requested by the commission.
As added by P.L.165-2003, SEC.6.
IC 36-7-7.6-18
Annual appropriation budget; tax levy; use of funds
Sec. 18. (a) The commission shall prepare and adopt an annualappropriation budget for its operation. The appropriation budget shallbe apportioned to each participating county on a pro rata per capitabasis. After adoption of the appropriation budget, any amount thatdoes not exceed an amount for each participating county equal toseventy cents ($0.70) per capita for each participating county shallbe certified to the respective county auditor.
(b) A county's portion of the commission's appropriation budgetmay be paid from any of the following, as determined by the countyfiscal body:
(1) Property tax revenue as provided in subsections (c) and (d).
(2) Any other local revenue, other than property tax revenue,received by the county, including local option income taxrevenue under IC 6-3.5, excise tax revenue, riverboatadmissions tax revenue, riverboat wagering tax revenue,riverboat incentive payments, and any funds received from thestate that may be used for this purpose.
(c) The county auditor shall: (1) advertise the amount of property taxes that the county fiscalbody determines will be levied to pay the county's portion of thecommission's appropriation budget, after the county fiscal bodydetermines the amount of other local revenue that will be paidunder subsection (b)(2); and
(2) establish the rate necessary to collect that property taxrevenue;
in the same manner as for other county budgets.
(d) The tax levied under this section and certified shall beestimated and entered upon the tax duplicates by the county auditorand shall be collected and enforced by the county treasurer in thesame manner as other county taxes are estimated, entered, collected,and enforced. The tax collected by the county treasurer shall betransferred to the commission.
(e) In fixing and determining the amount of the necessary levy forthe purpose provided in this section, the commission shall take intoconsideration the amount of revenue, if any, to be derived fromfederal grants, contractual services, and miscellaneous revenuesabove the amount of those revenues considered necessary to beapplied upon or reserved upon the operation, maintenance, andadministrative expenses for working capital throughout the year.
(f) After the budget is approved, amounts may not be expendedexcept as budgeted unless the commission authorizes theirexpenditure. Before the expenditure of sums appropriated asprovided in this section, a claim must be filed and processed as otherclaims for allowance or disallowance for payment as provided bylaw.
(g) Any two (2) of the following officers may allow claims:
(1) Chairperson.
(2) Vice chairperson.
(3) Secretary.
(4) Treasurer.
(h) The treasurer of the commission may receive, disburse, andotherwise handle funds of the commission, subject to applicablestatutes and to procedures established by the commission.
(i) The commission shall act as a board of finance under thestatutes relating to the deposit of public funds by politicalsubdivisions.
(j) Any appropriated money remaining unexpended orunencumbered at the end of a year becomes part of a nonrevertingcumulative fund to be held in the name of the commission.Unbudgeted expenditures from this fund may be authorized by voteof the commission and upon other approval as required by statute.The commission is responsible for the safekeeping and deposit of theamounts in the nonreverting cumulative fund, and the state board ofaccounts shall prescribe the methods and forms for keeping theaccounts, records, and books to be used by the commission. Thebooks, records, and accounts of the commission shall be auditedperiodically by the state board of accounts, and those audits shall bepaid for as provided by statute.As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.5.
IC 36-7-7.6-19
Making of loans and issuing of notes
Sec. 19. (a) The commission may adopt a resolution to make loansor issue notes to obtain money to pay current operating expenses ofthe commission in anticipation of the payment to the commission ofthe appropriation budget apportioned to participating counties undersection 18 of this chapter.
(b) The terms and form of a loan or notes shall be set forth in theresolution. The resolution must specify:
(1) subject to subsection (c), the term of the loan or notes;
(2) the interest rate of the loan or notes;
(3) the medium of payment of the loan or notes;
(4) the place and manner of payment of the loan or notes;
(5) the manner of execution of the loan or notes;
(6) the terms of redemption of the loan or notes; and
(7) the funds or sources of funds from which the loan or notesare payable, which may be any funds available to thecommission.
(c) A loan or notes under this section must mature in the calendaryear in which the loan is made or the notes are issued. Thecommission may use proceeds of the loan or notes only to paycurrent operating expenses of the commission in anticipation of thepayment to the commission of the appropriation budget apportionedto participating counties under section 18 of this chapter.
(d) The total amount of all outstanding loans and notes under thissection in a particular calendar year may not exceed the total amountof the appropriation budget apportioned to participating counties andto be paid to the commission under section 18 of this chapter for thecalendar year.
(e) The loan contract or the notes must plainly state that the loanor notes:
(1) are not an indebtedness of the state;
(2) constitute a corporate obligation solely of the commission;and
(3) are payable solely from:
(A) payments to the commission of the appropriation budgetapportioned to participating counties under section 18 of thischapter for the calendar year; and
(B) any other revenues of the commission.
(f) This section contains full and complete authority for themaking of loans and the issuance of notes by the commission underthis section. No other procedure, proceedings, publications, notices,consents, approvals, orders, or acts by the commission or any otherofficer, department, agency, or instrumentality of the state or of anypolitical subdivision is required to make loans or issue notes underthis section.
As added by P.L.39-2007, SEC.6.