(A) Appointment.
(1) The 7 members for the Lerner Theatre Governing Board ("Governing Board") shall be selected and appointed as follows:
(a) Four members shall be selected and appointed by the Mayor;
(b) One member shall be selected by the Common Council and appointed by the Mayor; and
(c) One member shall be selected by the Elkhart Chamber of Commerce and appointed by the Mayor.
(2) The City Controller, or his or her representative, shall be a permanent member by virtue of his or her office of the Governing Board.
(B) Governing Board; terms of office; vacancies; oaths; qualifications; reimbursements for expenses.
(1) All members shall serve 4-year terms unless otherwise stated in this subchapter. The term of office for all members shall start January 1 of the year in which the Mayor's term of office begins and shall end on December 31 of the year in which the Mayor's term of office expires. However, for the first term, members of the Governing Board shall start on the first day of the month after this subchapter takes effect and end on December 31, 2011. If a vacancy occurs, a successor shall be appointed in the same manner as the original member, and the successor shall serve for the remainder of the vacated term.
(2) To be eligible for appointment to the Governing Board, a person must be at least 18 years of age, and must be a resident of Elkhart County, Indiana.
(3) If a member ceases to be qualified under this subchapter, he or she shall forfeit his or her office.
(4) Members are not entitled to salaries but are entitled to reimbursement for pre-approved expenses necessarily incurred in the performance of their duties.
(C) Meetings; offices; rules; quorum; approval of actions.
(1) The Governing Board shall hold a regularly scheduled meeting open to the public at least once a month in the Municipal Building (229 S. Second Street, Elkhart, Indiana). At the first regularly scheduled meeting of each year, the Governing Board shall choose 1 of their members as president, vice president, secretary and treasurer. These officers shall perform the duties usually pertaining to their offices and shall serve from the date of their election until their successors are elected and qualified.
(2) The Governing Board may adopt the rules and by-laws they consider necessary for the proper conduct of their proceedings, the carrying out of their duties, and the safeguarding of any money and property placed in their custody by this subchapter. In addition to the annual meeting, the Governing Board may, by resolution or in accordance with their rules and by-laws, prescribe the date and manner of notice of other regular or special meetings.
(3) Four members of the Governing Board shall constitute a quorum, which shall be necessary for conducting official business.
(4) No action of the Governing Board is considered official unless approved by a majority of the members or 4 members, whichever is greater.
(D) Removal from office. The Mayor may summarily remove a member from office at any time, with or without cause.
(E) Pecuniary interests in property and transactions. A member may not have a pecuniary interest in any contract, employment, purchase, or sale made under this subchapter. A transaction made in violation of this section is void.
(F) Duties of members. The Governing Board shall do the following:
(1) Manage the affairs and operation of the Theatre Complex;
(2) Manage the real estate and improvements comprising the Theatre Complex;
(3) Establish the rules governing the use of the Theatre Complex by the public;
(4) Enter into contracts for use of the Theatre;
(5) Enter into contracts and leases for use of the event center building;
(6) Acquire by purchase, gift, grant, or lease any personal property needed for the operation of the Theatre Complex;
(7) Acquire by purchase, gift, grant or lease any personal property needed for the maintenance of the Theatre Complex;
(8) Hold, use, sell, lease, or otherwise dispose of personal property acquired for use by the Theatre Complex, on the terms and conditions they consider in the best interest of the city and its inhabitants, in accordance with the provisions of I.C. 36-1-11-1 et seq. as amended, subject to Council approval if such approval is required by law;
(9) Rent and furnish office space for use by the Governing Board or employees of the Theatre Complex in furtherance of their duties pursuant to this subchapter;
(10) Establish the duties of employees of the Theatre;
(11) Make recommendations to the Mayor as to the hiring, discharging and appointing of successors to employees of the Theatre;
(12) Prepare an annual report to the Mayor and Common Council concerning the operation of the Theatre;
(13) Keep a complete record of all Theatre proceedings; and
(14) Contract for special and temporary services, and for professional assistance as needed in furtherance of its duties pursuant to this subchapter.
(G) Responsibilities of the Board of Public Works. The Board of Public Works shall do the following:
(1) Acquire by purchase, gift, grant, condemnation, or lease any interest in real property needed for the maintenance of the Theatre Complex;
(2) Sell, lease, or grant an interest in all or part of the Theatre Complex to any other department of the city, or to any other governmental agency, for public purposes, subject to Council approval if such approval is required by law;
(3) Repair and maintain all buildings and improvements comprising the Theatre Complex;
(4) Remodel, rebuild, enlarge or make structural improvements to the Theatre Complex;
(5) Contract for special and temporary services, and for professional assistance as needed in furtherance of its responsibilities pursuant to this subchapter.
(1979 Code, § 36.92) (Ord. 4282, passed 3-17-1997; Am. Ord. 4438, passed 8-4-1999; Am. Ord. 5110, passed 3-19-2008; Am. Ord. 5232, passed 9-27-2010; Am. Ord. 5245, passed 12-20-2010)