CHAPTER 2. LITTLE CALUMET RIVER BASIN DEVELOPMENT COMMISSION
IC 14-13-2
Chapter 2. Little Calumet River Basin Development Commission
IC 14-13-2-1
"Burns Waterway" defined
Sec. 1. As used in this chapter, "Burns Waterway" means the
dredged channel in Porter County, Indiana, that connects the east and
west arms of the Little Calumet River with Lake Michigan.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-2
"Commission" defined
Sec. 2. As used in this chapter, "commission" refers to the Little
Calumet River basin development commission created by this
chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-3
"Fund" defined
Sec. 3. As used in this chapter, "fund" refers to the Little Calumet
River project development fund created by this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-4
Purposes of chapter
Sec. 4. The general purposes of this chapter are to do the
following:
(1) Promote the general health and welfare of citizens of
Indiana.
(2) Provide for the creation, development, maintenance,
administration, and operation of park, recreation, marina, flood
control, and other public works projects.
(3) Create a commission with the authority to carry out the
purposes of this chapter.
(4) Create a commission capable of entering into and fulfilling
the requirements of a nonfederal interest (as defined by 42
U.S.C. 1962d-5b).
As added by P.L.1-1995, SEC.6.
IC 14-13-2-5
Creation of commission
Sec. 5. The Little Calumet River basin development commission
is created as a public body corporate and politic.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-6
Territorial jurisdiction of commission
Sec. 6. (a) Except as provided in subsection (b), the commission
may operate in the manner provided in this chapter only in the
geographic area within and extending one (1) mile from the bank of
the west arm of the Little Calumet River and Burns Waterway in
Lake County and Porter County.
(b) The commission does not have the power of eminent domain
for the construction of marina facilities north of U.S. Highway 12 or
south of that point where the west arm of the Little Calumet River
meets Burns Waterway. The commission's activities north of U.S.
Highway 12 and within and adjacent to Burns Waterway are
restricted to those activities that the commission determines to be
necessary for the following:
(1) Channeling and maintenance.
(2) Construction of breakwaters.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-7
Members
Sec. 7. (a) The commission has five (5) members appointed by the
governor.
(b) The governor shall appoint members of the commission so that
the following requirements are met:
(1) One (1) member must be a representative of the department
of natural resources. The member may not be an employee or
elected official of a city, town, or county governmental unit.
(2) The remaining four (4) members must meet the following
requirements:
(A) Four (4) members must reside in a:
(i) city;
(ii) town; or
(iii) township (if the member resides in an unincorporated
area of the county);
that borders the Little Calumet River.
(B) At least three (3) of the members must have a
background in:
(i) construction;
(ii) project management; or
(iii) flood control;
or a similar professional background.
(C) A member may not be an employee or elected official of
a city, town, or county governmental unit.
As added by P.L.1-1995, SEC.6. Amended by P.L.181-2009, SEC.1.
IC 14-13-2-8
Term of members; eligibility for reappointment
Sec. 8. (a) The term of each member of the commission is four (4)
years. However, if an appointee is appointed to serve an unexpired
term, the appointee serves only until the end of the unexpired term.
(b) A member is eligible for reappointment.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-9
Officers
Sec. 9. (a) The commission shall elect the following officers:
(1) A chairman.
(2) A vice chairman.
(3) A secretary.
(4) A treasurer.
(b) The terms of the officers may not exceed one (1) year. Each
officer is eligible for reelection.
(c) The commission may create and fill other offices that the
commission determines necessary.
(d) Each of the officers shall perform the duties usually pertaining
to the offices.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-10
Meetings
Sec. 10. (a) The commission shall meet on call of any of the
following:
(1) The chairman.
(2) The executive director.
(3) Any three (3) members.
(b) Three (3) commission members constitute a quorum.
As added by P.L.1-1995, SEC.6. Amended by P.L.181-2009, SEC.2.
IC 14-13-2-11
Per diem compensation and traveling expenses
Sec. 11. (a) Each commission member is entitled to
reimbursement for traveling and other expenses as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(b) Each appointed commission member is entitled to the
minimum salary per diem as provided in IC 4-10-11-2.1(b).
As added by P.L.1-1995, SEC.6.
IC 14-13-2-12
Acquisition of property by purchase or lease
Sec. 12. (a) The commission may acquire, by purchase or by
lease:
(1) any land, property, rights, rights-of-way, franchises,
easements, and other interests in real property, including land
under water and riparian rights; and
(2) any existing facilities, betterments, and improvements;
that the commission considers necessary or convenient for the
establishment, development, construction, improvement, or operation
of any projects.
(b) The commission may also acquire land and other interest in
real property by:
(1) gift; or
(2) bequest.
(c) The commission shall take and hold title to land and other
interests in the name of the state of Indiana.
(d) When acquiring land under this section, the commission shall
follow the procedures for the acquisition of land by the Indiana
department of transportation.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-13
Eminent domain powers
Sec. 13. The commission may acquire by appropriation under
Indiana eminent domain law:
(1) any land, property, rights, rights-of-way, franchises,
easements, or other interests in real property, including land
under water and riparian rights; or
(2) any existing facilities, betterments, and improvements, or
other property;
necessary and proper for the creation, development, establishment,
maintenance, or operation of a project or any part of a project.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-14
Acquisition of property from political subdivisions or public
entities
Sec. 14. Each:
(1) county, city, town, township, and other political subdivision
of the state; and
(2) public agency, department, and commission;
may, upon the terms and conditions that the proper authorities of the
entity and the commission consider reasonable and appropriate,
lease, lend, grant, or convey to the commission, at the commission's
request, real or personal property, including an interest in the
property, owned by the entity that is necessary or convenient to
achieving the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-15
Property improvements
Sec. 15. In establishing and developing projects, the commission
may:
(1) construct, reconstruct, establish, build, repair, remodel,
enlarge, extend, or add to facilities, betterments, and
improvements; and
(2) clear and prepare any site for construction;
that the commission considers appropriate in furtherance of the
purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-16
Conveyance of property to political subdivisions or public entities
Sec. 16. (a) The commission may sell, transfer, or convey to:
(1) a political subdivision of the state; or
(2) a public agency, department, or agency;
for the consideration and upon the terms that the commission
considers appropriate real property, including a facility, a betterment,
or an improvement, within the projects or acquired under this
chapter, if the sale, transfer, or conveyance and ownership by the
transferee furthers the purposes of this chapter.
(b) Transfer is subject to the restrictions that the commission
considers appropriate in furtherance of the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-17
Management of projects; maintenance training
Sec. 17. (a) The commission may provide for the construction,
improvement, development, operation, and management of projects,
including any facilities, betterments, and improvements that are part
of projects, in the manner that the commission considers appropriate
in furtherance of the purposes of this chapter.
(b) The commission may enter into:
(1) a lease agreement as lessor or sublessor; or
(2) an operation or a license agreement;
with respect to all or part of a site, a facility, a betterment, or an
improvement that is part of projects with at least one (1) public or
private person or entity, including political subdivisions of the state
and public agencies, departments, and agencies, on the terms and
conditions that the commission considers appropriate in furtherance
of the purposes of this chapter.
(c) The commission shall provide or provide for the training and
instruction of persons who are responsible for maintaining any levees
or other improvements related to flood control under this article. The
training and instruction must be sufficient to enable those persons to
properly maintain the levees or other improvements related to flood
control.
As added by P.L.1-1995, SEC.6. Amended by P.L.181-2009, SEC.3.
IC 14-13-2-18
General powers of commission
Sec. 18. The commission may do the following:
(1) Adopt bylaws for the regulation of the commission's affairs
and the conduct of the commission's business.
(2) Adopt an official seal, which may not be the seal of the
state.
(3) Maintain a principal office and other offices that the
commission designates.
(4) Sue and be sued in the name and style of "Little Calumet
River Basin Development Commission", with service of process
being made upon the chairman of the commission by leaving a
copy at the principal office of the commission.
(5) Acquire by grant, purchase, gift, devise, lease, eminent
domain, or otherwise and hold, use, sell, lease, or dispose of:
(A) real and personal property of every kind and nature; and
(B) any right and interest;
necessary for the full exercise or convenient or useful for the
carrying on of any of the commission's powers under this
chapter.
(6) Exercise within Indiana and in the name of the state of
Indiana the power of eminent domain under Indiana law
governing the exercise of the power of eminent domain for any
public purposes.
(7) Fix, collect, and review admission charges, entrance fees,
tolls, and other user charges for the use of a facility within the
projects owned or leased by the commission or dedicated to the
commission by a political subdivision of the state or a public
agency, department, or commission having jurisdiction of the
facility.
(8) Acquire by fee or by lease, obtain option on, hold, and
dispose of real and personal property reasonably necessary and
proper to the exercise of the commission's powers and the
performance of the commission's duties under this chapter.
(9) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
commission's duties and the execution of the commission's
powers under this chapter.
(10) Employ and fix the compensation of an executive director
or manager, consulting engineers, superintendents, and other
engineers, construction and accounting experts, attorneys, and
other employees and agents necessary in the commission's
judgment.
(11) Conduct studies of the financial feasibility of the flood
control and park and recreational projects and facilities,
betterments, and improvements within those projects.
(12) Avail itself of the services of professional and other
personnel employed by an agency, a department, or a
commission of the state for purposes of studying the feasibility
of or designing, constructing, or maintaining the projects or a
facility within those projects.
(13) Receive and accept:
(A) from the federal government or a federal agency or
department grants for or in aid of the acquisition,
construction, improvement, or development of any part of
the projects of the commission; and
(B) aid or contributions from any source of money, property,
labor, or other things of value;
to be held, used, and applied only for the purposes, consistent
with the purposes of this chapter, for which the grants and
contributions may be made.
(14) Hold, use, administer, and expend money that is
appropriated or transferred to the commission.
(15) Assist or cooperate with a political subdivision or public
agency, department, or commission, including the payment of
money or the transfer of property to the political subdivision or
public agency, department, or commission by the commission
if the commission considers the assistance or cooperation
appropriate in furtherance of the purposes of this chapter.
(16) Accept assistance and cooperation from a political
subdivision or public agency, department, or commission,
including the acceptance of money or property by the
commission from the political subdivision or public agency,
department, or commission, if the commission considers the
assistance or cooperation appropriate in furtherance of the
purposes of this chapter.
(17) Do all acts and things necessary or proper to carry out the
powers expressly granted in this chapter.
(18) Enter into and carry out the terms of a nonfederal interest
(as defined by 42 U.S.C. 1962d-5b).
(19) Provide police protection for the commission's property
and activities by:
(A) requesting assistance from state, city, or county police
authorities; or
(B) having specified employees deputized as police officers.
(20) Make contracts and leases for facilities and services.
(21) Appoint the administrative officers and employees
necessary to carry out the work of the commission, fix their
duties and compensation, and delegate authority to perform
ministerial acts in all cases except where final action of the
commission is necessary.
(22) Engage in self-supporting activities.
(23) Contract for special and temporary services and for
professional assistance.
(24) Invoke any legal, equitable, or special remedy for the
enforcement of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-19
Creation of fund
Sec. 19. (a) The Little Calumet River project development fund
is created. The commission shall make expenditures from the fund
only to accomplish the purposes of this chapter.
(b) The commission shall do the following:
(1) Hold the fund in the name of the commission.
(2) Administer the fund.
(3) Make all expenditures from the fund.
(c) The money in the fund at the end of a fiscal year remains in
the fund and does not revert to any other fund.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-20
Revenue bonds; issuance
Sec. 20. (a) The acquisition, construction, or improvement of real
property, a facility, a betterment, or an improvement constituting part
of a project of the commission, including acquisition of the site for
a project, may be financed in whole or in part by the issuance of
bonds payable solely out of the net income received from the
operation of the real property, facility, betterment, or improvement.
(b) If the commission desires to finance an acquisition, a
construction, or an improvement in whole or in part as provided in
this section or sections 21 through 26 of this chapter, the commission
must adopt a resolution authorizing the issuance of bonds. The
resolution must set forth the following:
(1) The date on which the principal of the bonds matures, not
exceeding forty (40) years from the date of issuance.
(2) The maximum interest rate to be paid on the bonds.
(3) Other terms and conditions upon which the bonds are
issued.
(c) The commission shall take all actions necessary to issue the
bonds in accordance with the resolution. The commission may enter
into a trust agreement with a trust company as trustee for the
bondholders. An action to contest the validity of any bonds to be
issued under this chapter may not be brought after the fifteenth day
following the receipt of bids for the bonds.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-21
Revenue bonds; not debt of state or subdivision; payable solely
from money pledged
Sec. 21. (a) Revenue bonds issued under this chapter or under
IC 14-6-29.5 (before its repeal) do not constitute any of the
following:
(1) A debt of the state or of a political subdivision of the state.
(2) A pledge of the faith and credit of the state or a political
subdivision of the state.
(b) The bonds are payable solely from the revenues pledged for
their payment as authorized in this chapter or in IC 14-6-29.5 (before
its repeal).
As added by P.L.1-1995, SEC.6.
IC 14-13-2-22
Revenue bonds; redemption; negotiability
Sec. 22. (a) Revenue bonds issued under this chapter or under
IC 14-6-29.5 (before its repeal) may be made redeemable before
maturity at the option of the commission at the price and under the
terms and conditions that are determined by the commission in the
authorizing resolution. The commission shall do the following:
(1) Determine the form of the bonds, including any interest
coupons to be attached to the bonds.
(2) Fix the denomination of the bonds.
(3) Fix the place of payment of principal and interest, which
may be at any bank or trust company within or outside Indiana.
(b) Revenue bonds have the qualities and incidents of negotiable
instruments under Indiana law. Provision may be made for the
registration of any of the bonds as to principal alone and also as to
both principal and interest.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-23
Revenue bonds; requirements
Sec. 23. (a) Revenue bonds issued under this chapter shall be
issued in the name of the commission and must recite on the face of
each bond that the principal of and interest on the bond are payable
solely from revenues pledged for their payment and are not an
obligation of the state or of a political subdivision of the state.
(b) The chairman of the commission shall execute the bonds, and
the secretary of the commission shall affix and attest the seal of the
commission.
(c) Coupons attached to the bonds must bear the facsimile
signature of the chairman of the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-24
Revenue bonds; authority to issue
Sec. 24. This chapter and IC 14-6-29.5 (before its repeal)
constitute full and complete authority for the issuance of revenue
bonds. A law, a procedure or proceeding, a publication, a notice, a
consent, an approval, an order, an act, or a thing by the commission
or any other officer, department, agency, or instrumentality of the
state, county, or a municipality is not required to issue revenue bonds
except as prescribed in this chapter or in IC 14-6-29.5 (before its
repeal).
As added by P.L.1-1995, SEC.6.
IC 14-13-2-25
Revenue bonds; legal investments
Sec. 25. Revenue bonds issued under this chapter or under
IC 14-6-29.5 (before its repeal) constitute legal investments for the
following:
(1) Private trust money.
(2) The money of banks, trust companies, insurance companies,
building and loan associations, credit unions, banks of discount
and deposit, savings associations, mortgage guaranty
companies, small loan companies, industrial loan and
investment companies, and any other financial institutions
organized under Indiana law.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-26
Revenue bonds; refunding bonds
Sec. 26. (a) The commission may issue refunding bonds in the
commission's name for the following purposes:
(1) Refunding any bonds then outstanding and issued under this
chapter or under IC 14-6-29.5 (before its repeal), including
payment of redemption premium and interest accrued or to
accrue to the date of redemption of the outstanding bonds.
(2) If considered advisable by the commission, constructing
improvements, extensions, or enlargements of a facility, a
betterment, or an improvement in connection with which the
bonds to be refunded have been issued.
(b) The issuance of the refunding bonds, the maturity dates and
other details, and all rights, duties, and obligations of the holders of
the refunding bonds and of the commission with respect to the
refunding bonds are subject to this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-27
Public purpose
Sec. 27. The exercise of the powers granted by this chapter is for
the benefit of the people of Indiana and for the increase of their
commerce, health, enjoyment, and prosperity. The operation,
creation, development, and maintenance of the projects by the
commission constitutes the performance of essential governmental
functions.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-28
Tax exemptions
Sec. 28. (a) The commission is not required to pay any taxes or
assessments upon any of the following:
(1) A project of the commission.
(2) A facility, a betterment, or an improvement within a project.
(3) Property acquired or used by the commission under this
chapter or under IC 14-6-29.5 (before its repeal).
(4) The income or revenue from the property.
(b) The:
(1) bonds issued under this chapter or under IC 14-6-29.5
(before its repeal);
(2) interest on the bonds;
(3) proceeds received by a holder from the sale of the bonds to
the extent of the holder's cost of acquisition;
(4) proceeds received upon redemption before maturity or
proceeds received at maturity; and
(5) receipt of interest and proceeds;
are exempt from taxation in Indiana for all purposes except the
financial institutions tax imposed under IC 6-5.5 or a state
inheritance tax imposed under IC 6-4.1.
As added by P.L.1-1995, SEC.6. Amended by P.L.254-1997(ss),
SEC.20.
IC 14-13-2-29
Little Calumet River basin
Sec. 29. (a) As used in this section, "Little Calumet River basin"
means the area and subareas that:
(1) drain into the western arm of the Little Calumet River; and
(2) are certified by the department after consultation with the
following:
(A) The county surveyors.
(B) The United States Army Corps of Engineers.
(b) If a regulated drain situated within the Little Calumet River
basin is included in a flood control project approved by the
department:
(1) the drain ceases to be subject to IC 36-9-27; and
(2) the agency that constructs and maintains the project on the
date the flood control project is approved has the same
right-of-entry and right-of-way powers over and upon private
land that is given the county surveyor or drainage board under
IC 36-9-27-33.
(c) The construction, reconstruction, and maintenance of a drain
described in subsection (b) are the responsibility of the agency that
constructs and maintains the project.
As added by P.L.1-1995, SEC.6.
IC 14-13-2-30
Deposits; audits
Sec. 30. The commission is responsible for the safekeeping and
deposit of money the commission receives under this chapter. The
state board of accounts shall:
(1) prescribe the methods and forms for the keeping of; and
(2) annually audit;
the accounts, records, and books of the commission and fund.
As added by P.L.181-2009, SEC.4.
IC 14-13-2-31
Reports
Sec. 31. (a) Subject to subsection (c), before November 1 of each
year, the commission shall make a report of the commission's
activities to the following:
(1) The governor.
(2) The legislative council.
(b) A report made to the legislative council under this section
must be in an electronic format under IC 5-14-6.
(c) The governor may require the commission to issue reports
more frequently than would otherwise be required under subsection
(a).
As added by P.L.181-2009, SEC.5.