(A) The Town Council hereby finds it necessary to finance economic development or pollution control facilities under I.C. 36-7-11.9 and 36-7-12 (collectively, “the Act”).
(B) The Town Council hereby establishes a Department of Economic Development (the “Department”), to be controlled by a commission (the “Commission”) known as “Town of Fortville Economic Development Commission”.
(C) The Commission shall consist of three members appointed by the Town Council President. One of the members shall be selected by the Town Council President, one member shall be nominated by the Town Council and one member shall be nominated by the County Council.
(D) Pursuant to I.C. 36-7-12-5(b), the Town Council as the fiscal body of the town hereby nominates [a person] to serve as a member of the Commission.
(E) After the adoption of this section, the Town Clerk-Treasurer, under I.C. 36-7-12-9, is hereby authorized and directed to promptly notify:
(1) The County Council of the creation of the Department and its obligation to nominate a member to serve on the Commission; and
(2) The Town Council President of the creation of the Department and his/her obligation to appoint the nominees of the respective fiscal bodies of the town and the county and to select and appoint the third member to serve on the Commission.
(F) The nomination from the Town Council President and from the County Council must be made 15 days from the date notice as described in division (E) hereof is received.
(G) (1) Pursuant to I.C. 36-7-12-5(c), Commission members shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:
(a) Three years, if selected by the Town Council President;
(b) Two years, if nominated by the Town Council; and
(c) One year, if nominated by the County Council.
(2) Pursuant to I.C. 36-7-12-9, at the expiration of the respective terms of each of the original Commission members, their respective successors shall be selected and nominated, before the expiration of the term, in the same manner as the original commissioner, and each succeeding commissioner shall serve for a term of four years. A commissioner shall hold over after the expiration of his/her term until his/her successor is appointed and has qualified.
(H) No member of the Commission shall be entitled to any salary, per diem allowance or other compensation, except reimbursement for expenses necessarily incurred in the performance of such member’s duties.
(I) Any officer of the town is hereby authorized and directed, for and on behalf of the town, to execute and deliver any instrument or take any other action as such officer determines to be necessary or desirable to accomplish the purposes of this section, such determination to be conclusively evidenced by such officer’s having executed such instrument or having taken such action, and any such officer’s having executed and delivered any such instrument or having taken any such action is hereby ratified and approved.
(Ord. 2021-11A, passed 11-1-21)