CHAPTER 9. WATERWAY MANAGEMENT DISTRICTS
IC 8-10-9
Chapter 9. Waterway Management Districts
IC 8-10-9-1
Application of chapter
Sec. 1. This chapter applies to a city having a population of morethan thirty-two thousand (32,000) but less than thirty-two thousandeight hundred (32,800).
As added by P.L.56-1994, SEC.2. Amended by P.L.170-2002,SEC.65.
IC 8-10-9-2
Definitions
Sec. 2. (a) The definitions in this section apply throughout thischapter.
(b) "Confined disposal facility" means a structure, an enclosure,a receptacle, or a disposal area established:
(1) by an agency or instrumentality of the state or federalgovernment; and
(2) for the purpose of storing, retaining, disposing of, isolating,or holding dredgings or excavated material from the banks orbottom of a waterway;
within a district created by this chapter.
(c) "District" means a waterway management district establishedunder section 3 of this chapter.
(d) "Waterway" means a canal, river, channel, or stream that isnavigable for a substantial portion of its length by boats, barges,ships, or other watercraft for both commercial and recreationalpurposes.
As added by P.L.56-1994, SEC.2.
IC 8-10-9-3
Establishment of district; boundaries
Sec. 3. (a) There is established in each city to which this chapterapplies a waterway management district.
(b) The district includes all territory, including both dry land andwater, within a distance of one-half (1/2) mile on either side of thecenter line of any waterway within the city in which the district isestablished, excluding the land and water occupied by any marinaowned by a unit of government located in the corridor (as defined inIC 14-13-3-2).
(c) The district boundary is formed by an imaginary line one-half(1/2) mile distant from the center line of a waterway in all directions.However, the boundary of the district does not extend beyond theboundaries of the city in which the district is located in those areaswhere the city boundary is located less than one-half (1/2) mile fromthe center line of a waterway.
As added by P.L.56-1994, SEC.2. Amended by P.L.1-1995, SEC.57.
IC 8-10-9-4 Powers and jurisdiction of district
Sec. 4. (a) The district is a body corporate and politic that may sueor be sued and plead and be impleaded. The district has the powersand jurisdiction provided in this chapter.
(b) The exercise by the district of the district's powers is anessential governmental function of the state and the city in which thedistrict is located, but the district is not immune from liability.
As added by P.L.56-1994, SEC.2.
IC 8-10-9-5
Purposes of district
Sec. 5. The district is established for the following purposes:
(1) To manage and supervise, in conjunction with other stateand federal authorities, the industrial, commercial, andrecreational development of the waterways in the city in whichthe district is formed.
(2) To assist other agencies of local, state, and federalgovernments to manage, maintain, and promote the use of thewaterways in the city in which the district is formed.
(3) To foster use of the canal in an environmentally responsiblemanner.
(4) To provide for the orderly planning for waterways.
(5) To plan for, develop, and maintain roads, bridges,approaches, locks, gates, and other structures in connection witha waterway within the jurisdiction of the district consistent withthe obligations and jurisdiction of other agencies of the federalor state government.
(6) It is the goal of the waterway projects and activitiesperformed under this chapter to improve the commercial andrecreational use of waterways in an environmentally soundmanner, and to promote the economic development of the cityin which the district is located.
As added by P.L.56-1994, SEC.2.
IC 8-10-9-6
Board of directors; members
Sec. 6. (a) The district shall be governed by a board of directorsconsisting of seven (7) members, four (4) of whom are appointed bythe executive of the city in which the district is formed, two (2) ofwhom are appointed by the governor, and one (1) of whom isappointed by the legislative body of the city in which the district isformed.
(b) Members of the board serve terms of three (3) years. Amember's term may be extended by any partial term to which themember was appointed to fill a vacancy.
(c) Five (5) members of the board of directors must be qualifiedelectors of the city in which the district is formed. Two (2) membersneed not be residents of the city in which the district is formed butshall be representatives of property owners of land that borderswaterways within the district. One (1) of the two (2) members shall
be among the members appointed by the mayor, and one (1) shall beamong the members appointed by the governor.
(d) The appointing authority shall fill all vacancies of membersappointed by that authority.
As added by P.L.56-1994, SEC.2.
IC 8-10-9-7
Board of directors; meetings; records; quorum
Sec. 7. (a) The board of directors shall meet in a public placewithin the city in which the district is formed after giving notice.
(b) The board shall annually elect one (1) of its members aspresident and another member as vice president. The board shalldesignate a secretary who need not be a member of the board.
(c) The board shall cause a detailed written record to be kept inthe form of minutes of all of the board's meetings, and the board shallmeet at least four (4) times annually.
(d) A majority of the board members actually serving constitutesa quorum for any purpose.
As added by P.L.56-1994, SEC.2.
IC 8-10-9-8
Board of directors; powers and duties
Sec. 8. The board of directors of a district has and may exercisethe following powers and duties:
(1) To manage and supervise, to the extent permitted by thelaws of the state or the United States, the development ofwaterways and of related roads, highways, bridges, locks, andstructures within the jurisdiction of the district.
(2) To assist other agencies of state and local governmenthaving jurisdiction over the waterways within the district.
(3) To enter into contracts in furtherance of the district'spurposes including, without limitation, the construction andmaintenance of waterway related facilities, includingwastewater pre-treatment plants, pumps, wells, locks, wharves,piers, bridges, roads, highways, confined disposal facilities, andsimilar structures.
(4) To employ a professional staff to assist the board in carryingout its duties and to engage consultants, attorneys, accountants,and other professional personnel who are necessary to carry outthe duties of the board.
(5) To prepare a budget annually, and to appropriate funds forthe discharge of the district's purposes and duties; provided thatthe district shall neither appropriate nor expend any funds tosupport the construction, operation, or maintenance of anycasino gaming boat, dock, or related facility.
(6) To raise funds by the imposition of user fees for waterwaysand public facilities in the district's jurisdiction subject to thefollowing:
(A) The fees shall not exceed one hundred thousand dollars($100,000) per year for the state fiscal years beginning July
1, 1994, and July 1, 1995.
(B) The fees shall not exceed two hundred thousand dollars($200,000) per year for the state fiscal year beginning July1, 1996.
(C) The fees shall not exceed three hundred thousand dollars($300,000) per year for the state fiscal year beginning July1, 1997.
(D) The fees shall not exceed four hundred thousand dollars($400,000) per year for the state fiscal year beginning July1, 1998.
(E) The fees shall not exceed five hundred thousand dollars($500,000) per year thereafter.
(F) The fees shall be deposited into a nonreverting fund to beexpended by the district in the discharge of its functions.
These fees shall be imposed on all owners of property adjacent towaterways and users of waterways and may not exceed seventy-fivethousand dollars ($75,000) per year for any single owner or user.
(7) To act as a local sponsoring agency under contract ormemorandum of understanding with any private party or anyagency of the state government or the government of the UnitedStates in furtherance of the purposes, powers, and duties of thedistrict.
(8) To accept grants, transfers, payments, or other conveyancesof money or property in the capacity of a trustee or fiduciary ina special nonreverting fund under terms agreeable by the districtand by the person, entity, individual, or agency providing themoney or property for the purpose of:
(A) managing funds for the cleanup, environmentalremediation, and closure of any real property on or adjacentto the waterway within the district; or
(B) establishing waste water pre-treatment plants, pumps,related equipment, and other structures, equipment, andfixtures required to maintain a confined disposal facility orsimilar structure on or near any waterway within thejurisdiction of the district.
(9) To perform studies and establish plans for the use anddevelopment of waterways within the district's jurisdiction in anenvironmentally responsible manner.
(10) To acquire and dispose of real or personal property bygrant, gift, purchase, lease, devise, or otherwise.
(11) To hold, use, improve, maintain, operate, own, manage, orlease (as lessor or lessee) real or personal property, or anyinterest in that property.
(12) To act, when requested, as a coordinating agency forprograms and activities of other public and private agencies thatare related to its purposes.
As added by P.L.56-1994, SEC.2.