(A) The Madison State Hospital Re-Use Authority (Re-Use Authority) shall consist of nine members, and shall include the Mayor and eight additional members, all appointed by the Mayor. The Re-Use Authority shall include a member of the Common Council; a representative of the local economic development community; a member of the Jefferson County Council who resides within the city; a representative of the historic preservation community; and four other citizens and residents of the city.
(B) (1) Except as provided in division (B)(2), the term of office of a Re-Use Authority member is three years.
(2) When making the initial appointments to the Re-Use Authority, the Mayor shall do the following:
(a) Appoint three members to serve for terms of three years;
(b) Appoint two members to serve for terms of two years;
(c) Appoint three members to serve for terms of one year.
(3) The Re-Use Authority annually should elect a chairman, vice-chairman, secretary and treasurer.
(C) The State Representative and State Senator serving the city shall serve as ex-officio non-voting members of the Re-Use Authority.
(D) A vacancy on the Re-Use Authority shall be filled for the unexpired term in the same manner as the original appointment.
(E) Each member of the Re-Use Authority is eligible for re-appointment at the discretion of the Mayor.
(F) A member of the Re-Use Authority may be removed by the Mayor for any of the following reasons:
(1) Neglect of duty;
(2) Misfeasance;
(3) Malfeasance;
(4) Nonfeasance.
(G) The Re-Use Authority shall hold at least one meeting each quarter of the fiscal year. The chair or any two Re-Use Authority members may call a special meeting. A special meeting may be held not earlier than 48 hours after public written notice has been posted. Except as provided in this section, Re-Use Authority meetings are subject to IC 5-14-1.5. Five members of the commission constitute a quorum of the Re-Use Authority. The votes of a majority of the quorum are required for the commission to take official action.
(H) The Re-Use Authority shall keep a complete and accurate record of the Re-Use Authority meetings. The Re-Use Authority shall maintain records that are separate from the records of any other state board or commission. The Re-Use Authority's records shall be available for public inspection and must accurately reflect all Re-Use Authority proceedings.
(I) The Re-Use Authority shall do the following:
(1) Investigate, study, and survey the area surrounding and the real property and structures that are part of the Madison State Hospital within the corporate boundaries of the unit.
(2) Investigate, study, and determine the means by which the Madison State Hospital property may be reused by private enterprise to promote economic development within the unit or by state and local government to otherwise benefit the welfare of the citizens of the unit.
(3) Promote the reuse of the Madison State Hospital property in the manner that best serves the interests of the unit and its inhabitants.
(4) Cooperate with the departments and agencies of the unit and of other governmental entities, including the city, state and the federal government, in the manner that best serves the purposes of this section.
(5) Make findings and reports on their activities under this section, and keep the reports available for inspection by the public.
(6) Select and acquire the Madison State Hospital property to be reused by private enterprise or state or local government under this section.
(7) Transfer acquired Madison State Hospital and other real and personal property to private enterprise federal, state or local government in the manner that best serves the social and economic interests of the unit and the unit's inhabitants.
(J) The Re-Use Authority may do the following:
(1) Acquire by purchase, exchange, gift, grant, condemnation, or lease, or any combination of methods, any personal property or interest in real Madison State Hospital property or other real or personal property located within the corporate boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or other instrument), exchange, lease, rent, or otherwise dispose of real or personal property or other real and personal property to private enterprise federal, state or local government, on the terms and conditions that the Re-Use Authority considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real property acquired from the Madison State Hospital to any other department of the unit or to any other governmental agency for public ways, levees, sewerage, parks, playgrounds, schools, and other public purposes on any terms that may be agreed on.
(4) Clear real property acquired for the purposes of this section.
(5) Repair and maintain structures acquired for the purposes of this section.
(6) Remodel, rebuild, enlarge, or make major structural improvements on structures acquired from the Madison State Hospital.
(7) Survey or examine any land to determine whether it should be acquired for the purpose of this section and to determine the value of the land.
(8) Appear before any other department or agency of the unit or any other governmental agency in respect to any matter affecting:
(a) Real property acquired or being acquired for the purposes of this section; or
(b) Any reuse area within the jurisdiction of the Re-Use Authority.
(9) Institute or defend in the name of the unit any civil action.
(10) Use any legal or equitable remedy that is necessary or considered proper to protect and enforce the rights of and perform the duties of the Re-Use Authority.
(11) Exercise the power of eminent domain in the name of and within the corporate boundaries of the unit in the manner prescribed by law.
(12) Appoint an executive director, appraisers, real estate experts, engineers, architects, surveyors, attorneys, accountants, and other consultants that are necessary or desired by the Authority in exercising its powers or carrying out its responsibilities under this section.
(13) Appoint clerks, guards, laborers, and other employees the Re-Use Authority considers advisable.
(14) Prescribe the duties and regulate the compensation of employees of the Madison State Hospital Re-Use Authority.
(15) Provide a pension and retirement system for employees of the Re-Use Authority, or use the public employees' retirement fund.
(16) Discharge and appoint successors to employees of the Re-Use Authority subject to division (J)(13) above.
(17) Rent offices for use of the Re-Use authority or accept the use of offices furnished by the unit.
(18) Equip the offices of the Re-Use authority with the necessary furniture, furnishings, equipment, records, and supplies.
(19) Expend on behalf of the Madison State Hospital Re-Use Authority all or any part of the money, including for the reimbursement of expenses incurred by members of the Re-Use Authority.
(20) Design, order, contract for, and construct, reconstruct, improve, or renovate the following:
(a) Local public improvements or structures that are necessary for the reuse of Madison State Hospital property within the corporate boundaries of the unit.
(b) Any structure that enhances the development, economic development, or reuse of Madison State Hospital property.
(21) Accept loans, grants, and other forms of financial assistance from the federal government, the state government, a municipal corporation, a special taxing district, a foundation, or any other source.
(22) Provide financial assistance, in the manner that best serves the purposes of this section, including grants and loans, to enable private enterprise to develop, redevelop, and reuse Madison State Hospital property or otherwise enable private enterprise to provide social and economic benefits to the citizens of the unit.
(23) Enter into contracts for providing security and utility services to the Madison State Hospital reuse area.
(24) Make and enter into all contracts and agreements necessary or incidental to the performance of the duties of the Re-Use Authority and the execution of the power of the Re-Use Authority under this section.
(25) Take any action necessary to implement the purposes of the Madison State Hospital Re-Use Authority.
(K) All powers that may be exercised under this section by the Re-Use Authority may also be exercised by the Re-Use Authority in carrying out its duties and purposes under IC 36-7-14.5 or IC 36-7-15.3.
(Ord. 2004-17, passed 10-5-04)