(A) (1) There is hereby created the Redevelopment Commission of the town, which shall be entitled to exercise all the rights, powers, privileges and immunities accorded to such Commission by I.C. 36-7-14 (the “Act”), except those rights, powers, privileges and immunities which are limited as described in division (E) below.
(2) The Redevelopment Commission shall be under the control of a board of five voting members and one non-voting advisor.
(B) (1) (a) There is hereby created the Board of Redevelopment Commissioners, each a Redevelopment Commissioner, to be known as the Redevelopment Commission. Three of said Redevelopment Commissioners shall be appointed by the President of the Town Council and two of said Redevelopment Commissioners shall be appointed by the Town Council.
(b) In addition, the President of the Town Council shall appoint one non-voting advisor (the “Non-Voting Advisor”) from the membership of a school board of a school corporation located wholly or partly within the corporate limits of the town or an individual recommended by such school board to the President of the Town Council.
(2) (a) Each Redevelopment Commissioner shall serve for one year from the first day of January after his or her appointment and until his or her successor is appointed and has qualified, except that the original Redevelopment Commissioners shall serve from the date of their appointment until the first day of January in the second year after their appointment.
(b) If a vacancy occurs, a successor shall be appointed in the same manner as the original Redevelopment Commissioner, and the successor shall serve for the remainder of the vacated term.
(3) The Non-Voting Advisor:
(a) Is not considered a member of the Redevelopment Commission for the purposes of the Act, but is entitled to attend and participate in the proceedings of all meetings of the Redevelopment Commission;
(b) Is not entitled to a salary, per diem or reimbursement of expenses;
(c) Serves for a term of two years and until a successor is appointed; and
(d) Serves at the pleasure of the President of the Town Council.
(4) Each Redevelopment Commissioner, before beginning his or her duties, shall take and subscribe an oath of office, in the form prescribed by law, to be endorsed on the certificate of his or her appointment, which shall be promptly filed with the Clerk-Treasurer.
(5) Each Redevelopment Commissioner, before beginning his or her duties, shall execute a bond payable to the state, with surety to be approved by the President of the Town Council. The bond must be in a penal sum of an amount as set by the Town Council from time to time and must be conditioned on the faithful performance of the duties of his or her office and the accounting for all monies and property that may come into his or her hands or under his or her control. The cost of the bond shall be paid by the Redevelopment Commission as governing body of the Redevelopment District, in accordance with the Act.
(C) Such Redevelopment Commissioners shall have the qualifications prescribed by the laws of the state as from time to time amended and shall qualify as therein provided; and shall exercise and enjoy the rights and powers and assume the duties and obligations conferred and imposed by said Act, including, but not limited to, the following qualifications.
(1) A Redevelopment Commissioner must be at least 18 years of age and must be a resident of the town. If a Redevelopment Commissioner ceases to be qualified under this section, he or she forfeits his or her office.
(2) A Redevelopment Commissioner shall not be entitled to receive a salary, but is entitled to reimbursement for expenses necessarily incurred in the performance of his or her duties.
(3) A Redevelopment Commissioner may not have a pecuniary interest in any contract, employment, purchase or sale made under the provisions of this section and the Act. However, any property required for redevelopment purposes in which a Redevelopment Commissioner has a pecuniary interest may be acquired, but only by gift or condemnation. A transaction made in violation of this division (C)(3) is void.
(D) The Clerk-Treasurer, charged by law with the performance of duties in respect to the funds and accounts of the town, shall perform the same duties with respect to the funds and accounts of the Redevelopment Commission, except as otherwise provided for in the Act.
(E) Notwithstanding anything contained in this section or the Act to the contrary, the Redevelopment Commission shall, before it exercises its power of issuance of bonds under § 25.1 of the Act; enters into a lease or leases under § 25.2 of the Act; levies taxes under § 27 of the Act; borrows money under § 27.5 of the Act; levies a tax rate for specific purposes under § 28 of the Act; exercises the power of eminent domain under § 20 and/or § 32.5 of the Act; or establishes an allocation area under § 39 of the Act, obtain specific approval for any or all such actions from the Town Council.
(Ord. 2020-1, passed 2-11-2020)