(A) (1) There is hereby created the Town Development Commission which shall consist of the following:
(a) Three of the members shall be appointed by the Chairperson of the Town Council;
(b) Two of the members shall be nominated by the Town Council; and
(c) One of the members, a non-voting advisory member, shall be nominated by the Chairperson of the Town Council and shall be a member of the Westview Community School Corporation Board of Trustees.
(2) The Commission members shall take office upon their appointment and their terms shall run the following number of years from February 1 following such original appointment. The Commissioner selected by the Chairperson of the Town Council shall serve for a period of one year, the Commissioner appointed by the Town Council for a term of two years and the Commissioner appointed by the County Council for a term of three years from February 1 following the date of such appointment. At the expiration of the respective terms of each of the Commissioners originally appointed, their respective successors shall be selected and nominated in the same manner as the original appointee, each of the nominees shall be appointed by the Chairperson of the Town Council within ten days after receiving such nominations, and each succeeding member shall serve for a term of four years. In the event any person appointed as Commissioner shall fail to qualify, or shall die, resign or vacate such office, or be removed therefrom, a new member shall be chosen and appointed to fill such vacancy as provided by law. Commissioners shall hold over after the expiration of their terms until their respective successors have been duly appointed and have qualified. Such Commissioners shall receive no salaries, but shall be entitled to reimbursement for any expenses necessarily incurred in the performance of their duties.
(B) (1) No person shall be appointed as a Commissioner who is not either a resident of such town, employed in such town or owner of a business in such town. If any Commissioner shall cease to qualify in one of the above categories, his or her appointment on said Board shall thereby terminate and his or her office shall become vacant.
(2) Each Commissioner, before entering upon his or her duties, shall take and subscribe an oath of office in the usual form, to be endorsed upon the certificate of his or her appointment which shall be promptly filed with the Clerk-Treasurer.
(3) The Commission originally appointed shall meet within 30 days after its appointment at a time and place designated by the Town Council Chairperson for the purpose of organization and shall meet to reorganize in February of each succeeding year.
(4) The Commission shall elect one of its members as President, one as Vice-President and one as Secretary, each of which officers shall serve from the day of his or her election until January 31 next following his or her election and until his or her successor is elected and qualified.
(C) The Commission shall be authorized to adopt such bylaws, rules and regulations as it may deem necessary for the proper conduct of its proceedings, the carrying out of its duties and the safe-guarding of the funds and property placed in its custody by this act. Regular or special meetings shall be held at such times as it may determine and upon such notice as it may fix, either by resolution or in accordance with the provisions of the bylaws, rules and regulations adopted. A majority of the Commission shall constitute a quorum and the concurrence of a majority shall be necessary to authorize any action.
(D) No Commissioner shall have any pecuniary interest in any contract, employment, leases, purchase or sale made under the provisions of this act, and any such transaction made in which any Commissioner has a pecuniary interest shall be void ab initio; provided, however, that, any property required for the purposes of this act in which a Commissioner has a pecuniary interest may be acquired, but only by gift or condemnation.
(E) It shall be the duty of the Commission to investigate, study and survey job opportunities, the use of pollution control equipment, industrial diversification and economic stability, development and welfare of the town and to recommend action to improve and promote job opportunities, promote the use of pollution control equipment, industrial diversification and economic stability, development and welfare of the town. The Commission shall report in writing to the appointing bodies and state’s Department of Commerce at least once each year.
(F) In carrying out its duties, the Commission shall have the following powers:
(1) To acquire by purchase, gift, grant, condemnation or lease any real estate, interests in real estate or personal property, needed for the purposes of this act;
(2) To hold, use, sell, lease, rent or otherwise dispose of any property, real or personal, on such terms and conditions as the Commission shall determine to be for the best interests of the town and its inhabitants;
(3) To repair and maintain, or to contract for the repair and maintenance of such existing structures or to substantially remodel, rebuild, enlarge or make major structural improvements on existing buildings;
(4) To appear either as an applicant, a petitioner, remonstrator or objector before any other department or agency of the town or any other governmental agency;
(5) To institute or defend in the name of the town any actions at law or inequity, and to use any legal or equitable remedy necessary or deemed proper to protect and enforce the rights and perform the duties of said department or economic development;
(6) To exercise in the name of the town the power of eminent domain;
(7) To appoint or employ no more than one clerical employee on either full-time or part-time basis and such other employees on a part-time basis, as the Council may deem desirable, to prescribe and define their duties and regulate the compensation to be paid to such person, and to discharge such appointees or employees and appoint their successors;
(8) To accept the use of such quarters as may be furnished by the town; also to purchase such equipment, records and supplies as shall be necessary to enable the Commission to perform its duties;
(9) To expend for and on behalf of the Department, all or any part of any funds available to it for the purposes expressed in this act;
(10) To employ legal accounting counsel to assist it in carrying out its function; and
(11) To have any other powers granted by the laws of the state.
(2013 Code, Title II, Ch. 2) (Ord. I-C-2-a(2), passed 1-2-1984)