CHAPTER 5. OHIO RIVER GREENWAY DEVELOPMENT COMMISSION
IC 14-13-5
Chapter 5. Ohio River Greenway Development Commission
IC 14-13-5-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to the Ohio
River greenway development commission established by this
chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-2
"Corridor" defined
Sec. 2. As used in this chapter, "corridor" means the land:
(1) in and around Jeffersonville, Clarksville, and New Albany
in Clark County and Floyd County;
(2) abutting or near the Ohio River and Silver Creek; and
(3) in which:
(A) roadways and other public thoroughfares;
(B) public areas; and
(C) other public improvements;
are located or planned.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-3
Establishment of commission
Sec. 3. The Ohio River greenway development commission is
established.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-4
Members
Sec. 4. The commission consists of the following fifteen (15)
members:
(1) Eight (8) members who serve four (4) year terms as follows:
(A) Two (2) residents of Jeffersonville appointed by the
executive of Jeffersonville.
(B) Two (2) residents of Clarksville appointed by the
executive of Clarksville.
(C) Two (2) residents of New Albany appointed by the
executive of New Albany.
(D) One (1) resident of Clark County appointed by the
governor.
(E) One (1) resident of Floyd County appointed by the
governor.
(2) The executive of Jeffersonville.
(3) The executive of New Albany.
(4) The president of the legislative body of Clarksville.
(5) The director of the office of tourism development or the
director's designee, who serves as a nonvoting member.
(6) The director of the department or the director's designee,
who serves as a nonvoting member.
(7) The commissioner of the Indiana department of
transportation or the commissioner's designee, who serves as a
nonvoting member.
(8) The president of the Indiana economic development
corporation or the president's designee, who serves as a
nonvoting member.
As added by P.L.1-1995, SEC.6. Amended by P.L.229-2005, SEC.12.
IC 14-13-5-5
Terms of members; eligibility for reappointment
Sec. 5. (a) Upon the expiration of the term of an appointed
member of the commission, the member's successor shall be
appointed for a four (4) year term.
(b) A member may be reappointed.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-6
Filling of vacancies
Sec. 6. If a vacancy occurs among the appointed membership of
the commission, the vacancy shall be filled for the unexpired term in
the same manner and under the same conditions as the original
appointment.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-7
Traveling expenses
Sec. 7. A member of the commission is not entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). The
member is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of
administration and approved by the budget agency.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-8
Quorum
Sec. 8. (a) Eight (8) voting members of the commission constitute
a quorum.
(b) The affirmative vote of six (6) voting members of the
commission is required for the commission to take any action.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-9
Officers
Sec. 9. (a) Each year the commission shall elect the following
from among the members of the commission:
(1) A chairman.
(2) A vice chairman.
(3) A treasurer.
(b) An individual elected as a chairman or a vice chairman:
(1) serves a term of one (1) year beginning July 1 following the
date the individual is elected; and
(2) may be reelected.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-10
Meetings
Sec. 10. (a) The commission:
(1) shall fix the time for regular meetings; and
(2) may hold special meetings on call of the chairman with
seven (7) days written notice.
(b) A member may waive written notice of a specific meeting by
filing a written notice with the commission.
(c) Written notice is considered to have been given under this
section when the written notice is:
(1) placed in the United States mail, first class postage prepaid;
and
(2) sent to the business address of the members of the
commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-11
Comprehensive plan; recommended legislation
Sec. 11. (a) The commission shall study various plans and
recommendations that concern the development of the Ohio River
along the corridor.
(b) Based on studies conducted under subsection (a), the
commission shall:
(1) prepare a comprehensive plan; and
(2) recommend state and local legislation;
for development along the corridor.
(c) The commission may make grants of money to units of local
government for the construction or improvement of the corridor if the
grants are consistent with plans, standards, and criteria established
by the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-12
General powers
Sec. 12. (a) If necessary to further the accomplishment of the
commission's purposes, the commission may do the following:
(1) Conduct all studies necessary for the performance of the
commission's duties.
(2) Publicize, advertise, and distribute reports on the
commission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to the
commission's functions and objectives to political subdivisions
in and adjacent to the corridor and to other public and private
agencies.
(4) When requested, act as a coordinating agency for programs
and activities of other public and private agencies that are
related to the commission's objectives.
(5) Acquire and dispose of real property by grant, gift,
purchase, lease, devise, or otherwise.
(6) Acquire and dispose of personal property by grant, gift,
purchase, lease, devise, or otherwise.
(7) Hold, use, improve, maintain, operate, own, manage, or
lease as lessor or lessee real or personal property, or any interest
in that property.
(8) Contract for services relating to the design, construction,
and maintenance of:
(A) roadways;
(B) bridges;
(C) walkways;
(D) trails;
(E) other public thoroughfares, park areas, and recreational
sites; and
(F) any other public improvements;
necessary to accomplish the goals of the commission.
(9) Employ an executive director and other individuals
necessary to carry out the commission's duties.
(b) The commission may contract for staff services with:
(1) qualified agencies or individuals; or
(2) a regional planning commission established under
IC 36-7-7.
(c) It is the goal of a project under this chapter to create or
enhance the following:
(1) Tourism.
(2) Transportation.
(3) Recreation.
(4) Development.
(5) Employment.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-13
Grants and appropriations
Sec. 13. (a) The commission may receive grants and
appropriations from the following:
(1) Federal, state, and local governments.
(2) Individuals.
(3) Foundations.
(4) Other organizations.
(b) The commission may enter into agreements or contracts
regarding the acceptance or use of grants and appropriations for the
purpose of carrying out the commission's activities under this
chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-14
Advisory committees
Sec. 14. The commission may appoint advisory committees that
may include representatives from the following:
(1) Transportation departments.
(2) Parks departments.
(3) The United States Army Corps of Engineers.
(4) Other departments of federal, state, and local government
that may assist the commission.
(5) The private sector if the representative, because of the
representative's expertise, may provide assistance or advice to
the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-5-15
Annual reports
Sec. 15. Before November 1 of each year, the commission shall
make a report of the commission's activities to the following:
(1) Each municipality that appointed a member of the
commission.
(2) The governor.
(3) The general assembly. The report must be in an electronic
format under IC 5-14-6.
As added by P.L.1-1995, SEC.6. Amended by P.L.28-2004, SEC.129.
IC 14-13-5-16
Budgets
Sec. 16. (a) The commission shall prepare and adopt by majority
vote an annual budget that shall be submitted to each municipality or
agency appropriating money for the use of the commission. After the
commission approves the budget, money may be expended only as
budgeted unless a majority vote of the commission authorizes other
expenditures. If money is appropriated by the commission for the use
of a county, a municipality, or an agency, the money may not later be
diverted from the county, municipality, or agency without the
consent of the county, municipality, or agency.
(b) Any appropriated amounts remaining unexpended or
unencumbered at the end of the year may become part of a
nonreverting cumulative fund to be held in the name of the
commission.
(c) The commission may authorize unbudgeted expenditures from
the nonreverting cumulative fund by a majority vote of the
commission.
(d) The commission is responsible for money the commission
receives under this chapter. The state board of accounts shall:
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of the commission.
As added by P.L.1-1995, SEC.6. Amended by P.L.116-2000, SEC.1.
IC 14-13-5-17
Powers of political subdivisions not limited
Sec. 17. This chapter does not limit the power of a participating
municipal corporation to develop or improve the riverfront area of
the municipal corporation independently of the commission.
As added by P.L.1-1995, SEC.6.