Chapter 14.20 ECONOMIC DEVELOPMENT COMMISSION

The financing of single, identified economic development or pollution control facilities and the provision of a program to finance multiple, unidentified economic development or pollution control facilities that promote a substantial likelihood of:

(A) Creating or retaining opportunities for gainful employment;

(B) Creating business opportunities;

(D) The abatement, reduction, or prevention of pollution; or

(E) The removal or treatment of substances in materials being processed that otherwise would cause pollution when used;

serve a public purpose and will be of benefit to the health or general welfare of the unit proposing to issue bonds for the financing or program or of the unit where the facilities that are to be financed are located. [Ord. 1324 § 1, 2006. Code 2000 § 217.01].

14.20.020 Economic development department and commission – Creation.

Since it is necessary to finance economic development or pollution control facilities under IC 36-7-12, there is hereby established a department of economic development, to be controlled by a commission known as the town of Highland economic development commission, to be governed by IC 36-7-12 as amended. [Ord. 1324 § 1, 2006. Code 2000 § 217.02].

14.20.030 Commission members – Appointment – Terms of office.

(A) The members of the economic development commission shall be appointed by the town council president, who is the municipal (town) executive. One of the members shall be selected by the town executive, one shall be nominated by the fiscal body of the county in which the town is located, and one shall be nominated by the town fiscal body.

(B) The economic development commissioners shall take office upon their appointment, and their terms run from February 1st after their original appointment, for a period of:

(1) Three years, if selected by the town executive;

(2) Two years, if nominated by the town fiscal body; and

(3) One year, if nominated by the county fiscal body. [Ord. 1324 § 1, 2006. Code 2000 § 217.03].

14.20.040 Commissioners – Selection and nomination – Successors in office.

(A) After the adoption of an ordinance establishing a department of economic development, the clerk-treasurer shall promptly notify the town council president, the Highland town council and the Lake County council of their requirement to make selections and nominations by this chapter.

(B) The officers required to make selections and nominations shall do so within 15 days after receiving that notice. Each selectee and nominee shall be appointed by the appropriate executive officer within 10 days after he receives the nominations.

(C) At the expiration of the respective terms of each of the original economic development commissioners, 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 term until his successor is appointed and has qualified. [Ord. 1324 § 1, 2006. Code 2000 § 217.04].

14.20.050 Commissioners – Failure to nominate – Vacancies.

(A) If a fiscal body fails to make a nomination within the time specified by IC 36-7-12-9 and this chapter, the town executive may select and appoint a person without a nomination.

(B) If a person appointed as an economic development commissioner fails to take the oath of office required by IC 36-7-12-11 and this chapter within 10 days after the notice of his or her appointment is mailed to him, or if any commissioner, after qualifying, dies, resigns, vacates his office, or is removed from office, a new commissioner shall be appointed to fill the vacancy in the same manner as the commissioner in respect to whom the vacancy occurs was appointed. A commissioner appointed under this subsection shall serve for the remainder of the vacated term. [Ord. 1324 § 1, 2006. Code 2000 § 217.05].

14.20.060 Commissioners – Oaths – Certificates of appointment.

Before beginning his or her duties, each economic development commissioner shall take and subscribe an oath of office in the usual form, to be endorsed upon the certificate of his appointment. The certificate shall be promptly filed with the clerk-treasurer. [Ord. 1324 § 1, 2006. Code 2000 § 217.06].

14.20.070 Commissions – Organizational meetings – Officers.

(A) An economic development commission shall meet within 30 days after its original appointment, at a time and place designated by the executive of the unit, for the purpose of organization, and shall meet to reorganize in February of each succeeding year.

(B) At the meeting required by subsection (A) of this section, an economic development commission shall elect one of its members as president, one as vice-president, and one as secretary. Each officer shall serve from the date of his election until January 31st after his election, and until his successor is elected and qualified. [Ord. 1324 § 1, 2006. Code 2000 § 217.07].

14.20.080 Commissions – Rules – Meetings – Quorum – Approval of actions – Records.

(A) An economic development commission may adopt the bylaws, rules, and regulations that it considers necessary. Regular or special meetings shall be held at times and upon notice fixed by the commission, either by resolution or in accordance with the bylaws, rules, and regulations adopted.

(B) A majority of the members of an economic development commission constitutes a quorum.

(D) The records of an economic development commission are public records. [Ord. 1324 § 1, 2006. Code 2000 § 217.08].

14.20.090 Removal of commissioners from office.

An economic development commissioner may be removed from office for neglect of duty, incompetency, inability to perform his duties, or any other good cause, by the executive or fiscal body that selected or nominated him. The commissioner removed may obtain judicial review of the removal by filing a complaint in a circuit or superior court in the county, and the burden of proof is upon the executive or fiscal body that removed the commissioner. The cause shall be placed on the advanced calendar and be tried as other civil causes are tried by the court, without a jury. The court’s judgment may be appealed in the same manner as any civil action. [Ord. 1324 § 1, 2006. Code 2000 § 217.09].

14.20.100 Commissioners – Expenses and per diem.

An economic development commissioner is not entitled to any salary, but is entitled to reimbursement for expenses necessarily incurred in the performance of his duties and a per diem allowance for each day he attends a commission meeting, if that allowance:

(A) Does not exceed the per diem allowance for members of the general assembly; and

(B) Is authorized by the fiscal body that established the commission. [Ord. 1324 § 1, 2006. Code 2000 § 217.10].

14.20.110 Commissioners – Pecuniary interests in matters considered by commissions.

(A) An economic development commissioner shall disclose any pecuniary interest in any employment, financing agreement, or other contract made under this chapter before any action by the commission on it, and shall not vote on any such matter, pursuant to IC 36-7-12-16.

(B) Notwithstanding any other law, a member of the fiscal body of a unit may have a pecuniary interest in any employment, financing agreement, or other contract made under this chapter if he discloses his pecuniary interest before any action by the fiscal body on it and does not vote on any such matter.

(C) If any property in which an economic development commissioner or member of a fiscal body of a unit has a pecuniary interest is property required for the purposes of this chapter, that property may be acquired, but only by gift or condemnation. [Ord. 1324 § 1, 2006. Code 2000 § 217.11].

14.20.120 Commissions – Investigatory duties.

(A) The economic development commission shall investigate, study, and survey the need for additional job opportunities, industrial diversification, water services, and pollution control facilities in the unit, and shall recommend action to improve or promote job opportunities, industrial diversification, water services, and availability of pollution control facilities in the unit.

(B) As part of an investigation under subsection (A) of this section, an economic development commission may participate in the financing of business appraisals and financial feasibility studies of the possible purchase of a business with operations in the commission’s jurisdiction by the employees of that operation through an employee stock ownership plan (ESOP). The employees must agree to repay the commission’s contribution to the cost of the appraisals and studies if such a purchase is successful. [Ord. 1324 § 1, 2006. Code 2000 § 217.12].

14.20.130 Other powers.

(A) The economic development commission may:

(1) Enter into agreements concerning, and acquire by any lawful means, land or interests in land and personal property needed for the purposes of this chapter;

(2) Exercise its power of eminent domain to acquire unimproved land, unoccupied economic development facilities, or pollution control facilities and the land relating to those facilities, for the purposes of this chapter;

(3) Purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve economic development or pollution control facilities, including land, machinery, or equipment;

(4) Lease economic development or pollution control facilities to users or developers, with or without an option to purchase;

(5) Sell economic development or pollution control facilities to users or developers, for consideration to be paid in installments or otherwise;

(6) Make direct loans to users or developers for the cost of acquisition, construction, or installation of economic development or pollution control facilities, including land, machinery, or equipment, with the loans to be secured by the pledge of one or more taxable or tax-exempt bonds or other secured or unsecured debt obligations of the users or developers;

(7) Enter into agreements with users or developers to allow the users or developers to wholly or partially construct economic development or pollution control facilities to be acquired by the unit;

(8) Issue taxable or tax-exempt bonds under this chapter for single or multiple, identified or unidentified, economic development or pollution control facilities to accomplish the purposes of this chapter, and secure their payment as provided in this chapter;

(9) Establish reserves from the proceeds of the sale of taxable or tax-exempt bonds, other funds, or both, to secure the payment of the principal and interest on the bonds;

(10) Lend or deposit the proceeds of bonds to or with a lender for the purpose of furnishing funds to the lender for the purpose of making a loan to a specifically identified developer or user for the financing of specifically identified economic development or pollution control facilities under this chapter;

(11) Reimburse from bond proceeds expenditures for pollution control facilities or economic development facilities; and

(12) Exercise powers or make recommendations related to economic development target areas as provided in IC 6-1.1-12.1-7.

(B) This chapter does not authorize the financing of economic development facilities for a developer unless any written agreement that may exist between the developer and the user is fully disclosed to, and approved by, the economic development commission or the fiscal body of the unit, all pursuant to IC 36-7-12-18.

(C) In addition to those particularly described in this code, the economic development commission may also exercise any and all powers or conduct any and all activities described in IC 36-7-12 et seq. [Ord. 1324 § 1, 2006. Code 2000 § 217.13].

14.20.140 Bonding powers.

The economic development commission may initiate a program for financing economic development or pollution control facilities for developers and users in Indiana through the issuance of taxable or tax-exempt bonds. In furtherance of this objective, the economic development commission may do any of the activities outlined in IC 36-7-12-18.5. [Ord. 1324 § 1, 2006. Code 2000 § 217.14].

14.20.150 Special tax levy – Transfer of money to department of economic development – Adoption and submission of proposed budget.

(A) The Highland town council as fiscal body of the town may levy a special tax to pay the costs of operation of the economic development commission, but this tax may not be used to pay any of the costs attributable to the acquisition and leasing or sale of economic development or pollution control facilities, except for advancements to be reimbursed from bond proceeds.

(B) Any money possessed by the town raised by taxation for any type of industrial aid or development as authorized by any other statute may transfer that money to its department of economic development to carry out the purposes of this chapter.

(C) Before a tax is levied under subsection (A) of this section or money is transferred under subsection (B) of this section, the economic development commission must:

(1) Adopt a proposed budget for the use of the money it will receive from the levy or transfer; and

(2) Submit the budget to the fiscal body of the unit that established the commission.

(3) The fiscal body may review and modify the proposed budget. [Ord. 1324 § 1, 2006. Code 2000 § 217.15].

14.20.160 Commissions – Annual reports.

In order to (A) disseminate information describing the benefits of all economic development commissions, (B) provide for efficient operations of all commissions, and (C) allow the department of commerce, on a recommendation basis, to assist all commissions in their endeavors, the economic development commission shall file a report, within 30 days after its initial meeting and on each subsequent January 31st, with the town council (fiscal body) and with the director of the department of commerce or its successor agency. These reports must be in writing on a form prescribed by the department of commerce or its successor agency and must contain all information required in that form. [Ord. 1324 § 1, 2006. Code 2000 § 217.16].

Article II. Economic Development Nonreverting Fund

14.20.170 Establishment.

(A) There is hereby authorized, created and established a fund of the town of Highland, in its town treasury, to be called the economic development nonreverting fund, pursuant to IC 36-1-3 et seq., and IC 36-7-2-7.

(B) The economic development nonreverting fund is dedicated and established for accumulating resources to support lawful purposes of the municipality, and economic development purposes as are identified in this article.

(1) The particular fees as may be authorized from time to time associated with applications for deductions for rehabilitation or redevelopment of real property in economic revitalization areas, and fixed pursuant to IC 6-1.1-12.1-2(h) and set forth in this article.

(2) Interest earned from the investment of moneys on deposit to the credit of the fund, provided such investments are conducted pursuant to IC 5-13-9 et seq. [Ord. 1469 § 1, 2010].

14.20.180 Purposes, uses and permissible expenditures.

Expenditures from the economic development nonreverting fund shall only be used for the following purposes:

(A) To make expenditures related to the lawful activities and purposes of the Highland redevelopment department and the economic development department, for such activities and purposes as may be permissible pursuant to IC 36-7-2-7 and 36-7-12, 36-7-14, 36-7-21, 36-7-22 and 36-7-25;

(B) To make expenditures related to or in support of redevelopment area or economic development revitalization programs;

(D) To make expenditures related to or in support of economic development or redevelopment seminar attendance and staff training, expenses associated with the hiring and employment of interns and staff and for commercial and industrial development attraction or retention, promotion and development;

(E) To support or make special grants offered to support or in furtherance of redevelopment or economic development purposes;

(F) To pay expenses or to make special grants offered to support the acquisition or development of works of public art, aesthetic structures or improvements, and statuary all undertaken in furtherance of redevelopment or economic development purposes;

(G) To pay such other expenses and costs for acquisition or related costs for property (real or personal) or for such other goods and services as may be identified from time to time, for which an appropriation has been approved and possesses or is related to a economic development or redevelopment purpose, as defined by IC 36-7-2-7 and 36-7-12, 36-7-14, 36-7-21, 36-7-22 and 36-7-25. [Ord. 1469 § 1, 2010].

14.20.190 Expenditure upon appropriation.

Expenditures from the economic development nonreverting fund may be made from the proper category of expense and for the purposes of the fund, only upon appropriation by the town council as fiscal body for the purpose for which the fund is specifically established, in the manner provided by statute for making other appropriations and shall be disbursed only on approved accounts payable vouchers allowed by the redevelopment commission at a regular or special meeting, all pursuant to IC 5-11-10, 36-5-4 and 36-7-14. [Ord. 1469 § 1, 2010].

14.20.200 Investments authorized.

Money in the economic development nonreverting fund may be invested; provided, that the yields from the purchase and sale of any such investments shall be deposited with the fund pursuant to IC 5-13-9 and Chapter 3.40 HMC. [Ord. 1469 § 1, 2010].

14.20.210 Preservation and disposition of fund assets.

The economic development nonreverting fund is a continuing fund. All unused and unencumbered cash on deposit to the credit of the economic development nonreverting fund does not revert to the corporation general fund, or the redevelopment general fund or to any other fund but shall remain with the economic development nonreverting fund until such time as the fund is repealed or rescinded by action of the town council. [Ord. 1469 § 1, 2010].

14.20.220 Special application and process fees.

(A) Pursuant to IC 6-1.1-12.1-2(h), the town council as the “designating body” hereby authorizes, establishes and imposes a fee for filing a designation application for a person requesting the designation of a particular area as an economic revitalization area.

(B) This application fee shall be fixed based upon the estimated cost of construction as follows:

(1) If the estimated amount of construction spending in the particular economic revitalization area is less than $1,000,000, the fee is hereby fixed at $250.00;

(2) If the estimated amount of construction spending in the particular economic revitalization area is equal to or greater than $1,000,000, the fee is hereby fixed as either a calculation equal to one percent of the estimated amount of construction spending that is proposed to be brought about in a particular economic revitalization area, or 15 percent of the gross tax savings to be realized in each year of the approved tax abatement, as the proper board may recommend.

(C) However, if the designation application involves a parcel that contains one or more owner-occupied, single-family dwellings, the fee shall be not in excess of the cost of publication of the legal notice associated with the public hearing on the application. [Ord. 1469 § 1, 2010; Ord. 1699 § 1, 2019].