Special Regulations V RULES OF THE REDEVELOPMENT COMMISSION AND DEPARTMENT

Statement of Authority. The redevelopment commission establishes these rules of the redevelopment commission and department pursuant to its authority conferred by I.C. 36-7-14-8 and Chapter 14.10 HMC. These rules are subject to amendment and are effective according to the terms of these rules; provided, that no rule shall be effective that is in conflict with the lawful ordinances of the town of Highland or the laws of the state of Indiana.

Rules 1.00 – 1.02

Reserved.

Rule 1.03

Organization and procedures of the redevelopment commission.

Rule 1.03.01

President and town executive – Vice-president – Secretary.

(A) The redevelopment commission shall select one of its members to be its president for a definite term, which may not exceed his or her term of office as a member of the redevelopment commission and which will continue until a successor is selected and qualified. The president shall preside at all meetings and perform the usual duties associated with the office.

(B) The redevelopment commission shall also select one of its members to serve as vice-president for a definite term, which may not exceed his or her term of office as a member of the redevelopment commission. The vice-president shall perform those duties outlined in these rules whenever the president shall be temporarily absent.

(C) The redevelopment commission shall also select one of its members to serve as secretary for a definite term, which may not exceed his or her term of office as a member of the redevelopment commission. The secretary shall perform those duties outlined in these rules and those usually associated with the office.

(D) The redevelopment commission shall select a president, a vice-president and a secretary at its first regular or special meeting each year on a day that is not a Saturday, Sunday or legal holiday. Should a vacancy occur in either office during the term, the redevelopment commission shall select from its membership a replacement who shall serve for the balance of the unexpired term of the vacated office.

(E) If there is no duly selected presiding officer at a meeting as described in these rules the secretary shall preside, call the roll, determine a quorum and chair the meeting until such time as the redevelopment commission shall elect a president from its membership, which shall be the first business in order. [Res. 2019-25 § 1, 2019].

Rule 1.03.02

Recording secretary.

The redevelopment director (redevelopment executive director) shall serve as the recording secretary of the redevelopment commission. The recording secretary shall perform the duties outlined in these rules. [Res. 2019-25 § 1, 2019].

Rule 1.03.03

Presiding officer.

The commission president shall take the chair at the hour appointed, or to which the commission shall have adjourned, and shall immediately call the members to order; whereupon, the recording secretary shall proceed to call the roll of members. If a quorum is present, the recording secretary shall so announce, and the commission shall proceed with the order of business. [Res. 2019-25 § 1, 2019].

Rule 1.03.04

Quorum for conducting business.

(A) A quorum shall consist of a majority of the entire commission, which means at least three members, pursuant to IC 36-7-14-8(h). A quorum shall be necessary to transact the business of the redevelopment commission. (Also confer with Rule 1.10.06.)

(B) If no quorum is present, the commission shall not thereby stand adjourned, but the members present shall adjourn or recess the commission by a majority vote. [Res. 2019-25 § 1, 2019].

Rule 1.03.05

Absence of president.

At any meeting of the commission where a majority shall be assembled, and if the president and vice-president are absent for any reason, the secretary shall preside and call the roll, whereupon the commission shall elect a temporary chairperson from its membership. [Res. 2019-25 § 1, 2019].

Rule 1.03.06

Duties of the president.

(A) The president shall serve as the chair, shall preserve order and decorum and may speak to points of order in preference to other members, and shall decide all questions of order subject to appeal.

(B) If the president refuses to allow the commission members to exercise their right to appeal a decision of the chair, the commission members may consider and pass upon the matter in spite of the chair’s failure to grant them appeal.

(C) The president shall have the power to require the commission room to be cleared, or to have any disorderly person or persons ejected, in case of any disturbances or disorderly conduct which prevent the meeting from being continued in an orderly manner. [Res. 2019-25 § 1, 2019].

Rule 1.03.07

Duties of commission members during meeting.

(A) While the president is stating the motion, or deciding a point of order, the members shall be seated and no member shall leave the commission room during the session without permission from the presiding officer.

(B) Every member, prior to his or her speaking, making a motion or seconding the same, shall address the presiding officer and shall not proceed with his or her remarks until recognized and named by the chair.

(D) No member shall speak more than once on the same question, except by permission of the chair, and then not until every other member desiring to speak shall have had an opportunity to do so.

(E) No member shall speak longer than five minutes at any one time, except by consent of the chair.

(F) While a member is speaking, no member shall hold any private discussion, nor pass between the speaker and the chair.

(G) A member, when called to order by the chair, shall thereupon discontinue speaking. The order or ruling of the chair shall be binding and conclusive, subject only to the right to appeal.

(H) Any member may appeal to the commission from a ruling of the chair and, if the appeal is seconded, the member making the appeal may briefly state his or her reason for the same, and the chair may briefly explain his or her ruling; but there shall be no debate on the appeal and no other member shall participate in the discussion. The chair shall then put the question, “Shall the decision of the chair be overruled?” Otherwise, it shall be sustained.

(I) The right of a member to address the commission on a question of personal privilege shall be limited to cases in which his or her integrity, character or motives are assailed, questioned or impugned. [Res. 2019-25 § 1, 2019].

Rule 1.03.08

Seconding of motions required.

No motion shall be put or debated in the commission or in committee unless it be seconded. When a motion is seconded, it shall be stated by the presiding officer before debate. [Res. 2019-25 § 1, 2019].

Rule 1.03.09

Withdrawal of motions.

After a resolution or a motion is stated by the president, it shall be deemed to be in the possession of the commission, but it may be withdrawn by the maker thereof with or without the consent of the commission member seconding the motion prior to the call for the vote by the president. [Res. 2019-25 § 1, 2019].

Rule 1.03.10

Division of questions.

If any question under consideration contains several distinct propositions, the commission, by a majority vote of the members present, may divide such questions. [Res. 2019-25 § 1, 2019].

Rule 1.03.11

Record of motions.

In all cases where a resolution or motion is entered in the memorandum or minutes of the meeting, the name of the member moving and seconding the same shall be entered. [Res. 2019-25 § 1, 2019].

Rule 1.03.12

Vote.

(A) The ayes and nays shall be taken upon the passage of all resolutions or orders and on all propositions to create any liability against the town, or for the expenditure or appropriation of its money, and upon any question and in all other cases at the request of any member of the commission.

When the recording secretary has commenced to call the roll of the commission for the taking of a vote by ayes and nays, all debate on the question before the commission shall be deemed concluded, and during the taking of the vote a member shall be permitted to briefly explain his or her vote and shall respond to the calling of his or her name by the recording secretary by answering “Aye” or “Nay,” as the case may be.

(B) Every commission member present shall vote unless he or she has an interest in the matter, in which event he or she shall disqualify himself. If a commission member who has not disqualified himself or herself does not vote, his or her failure to vote shall, to the extent permitted by law, be construed as concurring with the majority.

(C) The president shall announce the result of the commission’s vote and such votes shall be entered in the journal of the proceedings. [Res. 2019-25 § 1, 2019].

Rule 1.03.13

Precedence of motion.

When a question is before the commission, no motion shall be received, except as herein specified, and which shall have precedence in the order herein stated.

(A) To fix the time to which to adjourn.

(B) To adjourn.

(D) To raise a question of privilege.

(E) To call for the orders of the day.

(F) To lay on the table.

(G) To call for the previous question.

(H) To postpone to a certain time.

(I) To refer to committee.

(J) To amend.

(K) To postpone indefinitely.

(L) To the main motion. [Res. 2019-25 § 1, 2019].

Rule 1.03.14

Undebatable motions and exceptions to order.

The motion to adjourn or to lay on the table shall be decided without debate, and the motion to fix the time to which to adjourn and the motion to adjourn shall always be in order, except:

(A) When a member is in possession of the floor.

(B) When the roll call votes are being called.

(D) When adjournment was the last preceding motion.

(E) When it has been decided that the previous question shall be taken. [Res. 2019-25 § 1, 2019].

Rule 1.03.15

Motion to adjourn.

A motion to adjourn cannot be amended; but a motion to adjourn to a given day or time shall be open to amendment and debate. [Res. 2019-25 § 1, 2019].

Rule 1.03.16

Motion to postpone indefinitely.

When a question is postponed indefinitely, it shall not be taken up again before the next regular meeting. [Res. 2019-25 § 1, 2019].

Rule 1.03.17

Motion to amend.

A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained. [Res. 2019-25 § 1, 2019].

Rule 1.03.18

Amendments.

Only one amendment at a time may be offered to any question before the commission. The vote shall first be taken on the amendment and, if the amendment passes, then further amendments may be proposed. Finally, a vote shall be taken on the principal motion as finally amended. [Res. 2019-25 § 1, 2019].

Rule 1.03.19

Reconsideration.

(A) A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A motion for reconsideration, once having been made and decided in the negative, shall not be renewed. A matter once having been decided and a motion to reconsider such matter having been defeated, it may nonetheless come before the commission at a future time by way of a motion to rescind or as a new motion. If the chair determines that new facts are to be presented to the commission, or that there is a likelihood that the commission will reverse its previous decision, the chair shall rule the motion in order. If a motion is continuously brought before the commission and rejected, the chair may rule its reintroduction under a motion to rescind or as a new motion to be out of order.

(B) No motion to reconsider the approval or denial of the recommendation of an advisory body required to hold public hearings shall be entertained except at the same meeting at which the original action was taken or after the matter has been referred to the advisory body for a further hearing and recommendation.

(C) A motion to reconsider must be made and seconded by members who voted on the prevailing side of the question to be reconsidered, unless otherwise provided by law; provided, however, that where a motion has received a majority vote in the affirmative, but is declared lost solely on the ground that a greater number of affirmative votes is required by statute for the passage or adoption of such motion, then in such case a motion to reconsider may be made and seconded only by those who voted in the affirmative on such question to be reconsidered, so long as the issue presented is the same, no new information is forthcoming, and the rights of third parties have not intervened. [Res. 2019-25 § 1, 2019].

Rule 1.03.20

Visitors and petitioners.

Except during the time allotted for public discussion and comments, no person, other than a member of the commission, shall address that body, except with the consent of a majority of the members present. [Res. 2019-25 § 1, 2019].

Rule 1.03.21

Reports, communications, petitions, and the like.

All communications, reports, petitions or any other papers addressed to the commission shall be made available to the recording secretary prior to the meeting. The recording secretary shall endeavor to distribute copies or read such material to the members of the commission. [Res. 2019-25 § 1, 2019].

Rule 1.03.22

Adoption of Robert’s Rules of Order, Revised.

The rules of parliamentary practice comprised in the published edition of Robert’s Rules of Order, newly revised 11th Edition, shall govern the commission in all cases to which they are applicable and in which they are not inconsistent with the ordinances of the town including these rules, or the statutes of the state. [Res. 2019-25 § 1, 2019].

Rule 1.03.23

Temporary suspension of rules – Amendment of rules.

(A) The redevelopment commission shall have the authority to make rules by resolution that are in addition to those set forth in this code to govern its meetings or to manage the business that comes before it.

(B) Except for those set forth by ordinance or in this code, the rules of the commission described in this section may be temporarily suspended, altered or amended, by concurrence of a majority vote of all the commission members then in office. [Res. 2019-25 § 1, 2019].

Rule 1.04

Reserved.

Rule 1.05

Resolutions and actions of the redevelopment commission.

Rule 1.05.01

Majority vote – When required.

(A) A requirement that a resolution or other action of the redevelopment commission be passed by a majority vote means at least a majority vote of all the appointed members, meaning three or more commissioners concurring, pursuant to IC 36-7-14-8(h).

(B) A majority vote of the redevelopment commission is required to pass resolution unless a greater vote is required by statute. [Res. 2019-25 § 1, 2019].

Rule 1.05.02

Two-thirds vote – When required.

A requirement that an ordinance, resolution, or other action of the redevelopment commission be passed by a two-thirds vote means at least a two-thirds vote of all the appointed members, meaning four or more members concurring. [Res. 2019-25 § 1, 2019].

Rule 1.05.03

Date of adoption.

An order or resolution passed by the redevelopment commission is considered adopted when it is signed by the president of the commission and countersigned by the secretary of the commission. [Res. 2019-25 § 1, 2019].

Rule 1.05.04

Record of resolutions.

(A) Within a reasonable time after an order or resolution of the redevelopment commission is adopted, the recording secretary shall record it in a book kept for that purpose. The record must include:

(1) The signature of the president of commission;

(2) The attestation of the recording secretary; and

(3) The date of each recorded item.

(B) The record or a certified copy of it constitutes presumptive evidence of the adoption of the resolution. [Res. 2019-25 § 1, 2019].

Rules 1.06 – 1.09

Reserved.

Rule 1.10

Notice and records of the meetings of the redevelopment commission – Executive sessions.

Rule 1.10.01

Open meetings.

(A) Except as provided in Rule 1.10.02, all meetings of the redevelopment commission must be open at all times for the purpose of permitting members of the public to observe and record them.

(B) A secret ballot vote may not be taken at a meeting. [Res. 2019-25 § 1, 2019].

Rule 1.10.02

Executive sessions.

(A) As used in this section, “public official” means a person:

(1) Who is a member of a governing body of a public agency; or

(2) Whose tenure and compensation are fixed by law and who executes an oath.

(B) Executive sessions may be held only in the following instances:

(1) Where authorized by federal or state statute.

(2) For discussion of strategy with respect to any of the following:

(a) Collective bargaining.

(b) Initiation of litigation or litigation that is either pending or has been threatened specifically in writing.

(d) The purchase or lease of a real property transaction including: (i) a purchase; (ii) a lease as lessor; (iii) a lease as lessee; (iv) a transfer; (v) an exchange; or (vi) a sale; by the governing body up to the time a contract or option to purchase or lease is executed by the parties. This clause does not affect the town’s duty to comply with any other statute that governs the conduct of the real property transaction, including but not limited to IC 36-1-10 or 36-1-11.

(3) Interviews with industrial or commercial prospects or agents of industrial or commercial prospects by the Department of Commerce, the State Development Finance Authority, the Film Commission, or the State Business Modernization and Technology Corporation.

(4) To receive information about and interview prospective employees.

(5) With respect to any individual over whom the redevelopment commission has jurisdiction:

(a) To receive information concerning the individual’s alleged misconduct; and

(b) To discuss, before a determination, the individual’s status as an employee, a student, or an independent contractor who is a physician.

(6) For discussion of records classified as confidential by state or federal statute.

(7) To discuss a job performance evaluation of individual employees. This subsection does not apply to a discussion of the salary, compensation, or benefits of employees during a budget process.

(8) When considering the appointment of a public official, to do the following:

(a) Develop a list of prospective appointees.

(b) Consider applications.

(d) Notwithstanding IC 5-14-3-4(b)(12), the redevelopment commission may release and shall make available for inspection and copying in accordance with IC 5-14-3-3 identifying information concerning prospective appointees not initially excluded from further consideration. An initial exclusion of prospective appointees from further consideration may not reduce the number of prospective appointees to fewer than three unless there are fewer than three prospective appointees. Interviews of prospective appointees must be conducted at a meeting that is open to the public.

(D) Public notice of executive sessions must state the subject matter by specific reference to the enumerated instance or instances for which executive sessions may be held under this rule and IC 5-14-1.5-6.1(b). The requirements stated in Rule 1.10.05 for memoranda and minutes being made available to the public is modified as to executive sessions in that the memoranda and minutes must identify the subject matter considered by specific reference to the enumerated instance or instances for which public notice was given. The redevelopment commission shall certify by a statement in the memoranda and minutes of the redevelopment commission that no subject matter was discussed in the executive session other than the subject matter specified in the public notice.

(E) The redevelopment commission may not conduct an executive session during a meeting, except as otherwise permitted by applicable statute. A meeting may not be recessed and reconvened with the intent of circumventing this rule. [Res. 2019-25 § 1, 2019].

Rule 1.10.03

Notice of meetings.

(A) Public notice of the date, time, and place of any meetings, executive sessions, or of any rescheduled or reconvened meeting shall be given at least 48 hours (excluding Saturdays, Sundays, and legal holidays) before the meeting. This requirement does not apply to reconvened meetings (not including executive sessions) where announcement of the date, time, and place of the reconvened meeting is made at the original meeting and recorded in the memoranda and minutes thereof, and there is no change in the agenda.

(B) Public notice shall be given by the redevelopment commission by:

(1) Posting a copy of the notice at the principal office of the redevelopment commission, or if no such office exists, at the building where the meeting is to be held; and

(2) Depositing in the United States mail with postage prepaid or by delivering notice to all news media which deliver by January 1st an annual written request for such notices for the next succeeding calendar year to the redevelopment commission.

(C) Notice of regular meetings need be given only once each year, except that an additional notice shall be given where the date, time, or place of a regular meeting or meetings is changed. This subsection does not apply to executive sessions.

(D) If a meeting is called to deal with an emergency involving actual or threatened injury to person or property, or actual or threatened disruption of the governmental activity under the jurisdiction of the redevelopment commission by any event, then the time requirements of notice under this section shall not apply, but:

(1) News media which have requested notice of meetings must be given the same notice as is given to the members of the redevelopment commission; and

(2) The public must be notified by posting a copy of the notice according to this section.

(E) This section shall not apply where notice by publication is required by statute, ordinance, rule, or regulation.

(F) Notice has not been given in accordance with this section if the redevelopment commission convenes a meeting at a time so unreasonably departing from the time stated in its public notice that the public is misled or substantially deprived of the opportunity to attend, observe, and record the meeting. (IC 5-14-1.5-5.) [Res. 2019-25 § 1, 2019].

Rule 1.10.04

Agenda.

(A) The redevelopment commission, when utilizing an agenda, shall post a copy of the agenda at the entrance to the location of the meeting prior to the meeting. A rule, regulation, resolution or other final action adopted by reference to agenda number or item alone is void. (IC 5-14-1.5-4(a).)

(B) The agenda of the redevelopment commission regular meeting shall possess the following elements:

(1) The agenda shall describe whether or not the meeting is a regular, special or adjourned meeting.

(2) It shall state the date, day, year and time of the meeting.

(3) It shall include the names of the members of the redevelopment commission, listed in alphabetical order.

(C) The agenda of the redevelopment commission regular meeting shall possess the orders of business as may be applicable and agreed upon by the redevelopment director and the president of the commission.

(D) The agenda of any redevelopment commission special meeting shall possess such orders of business as may be applicable.

(E) The agenda of any regular or special meeting shall be prepared by the recording secretary. The redevelopment commission president shall review and may approve matters for placement on the agenda. The agenda prepared according to this section shall be deemed to be fixed and will not require further action by the redevelopment commission. The agenda may be amended by a two-thirds vote of the entire redevelopment commission.

(F) The recording secretary is authorized to establish filing deadlines for matters to be placed on the agenda of a particular meeting. The redevelopment commission shall reserve the authority to modify any deadline except where filing is governed by law. [Res. 2019-25 § 1, 2019].

Rule 1.10.05

Minutes.

(A) As the meeting progresses, the following memoranda shall be kept:

(1) The date, time, and place of the meeting.

(2) The members of the redevelopment commission recorded as either present or absent.

(3) The general substance of all matters proposed, discussed, or decided.

(4) A record of all votes taken, by individual members, if there is a roll call.

(5) Any additional information required under IC 5-1.5-2-2.5 or 20-12-63-7.

(B) The memoranda are to be available within a reasonable period of time after the meeting for the purpose of informing the public of the redevelopment commission’s proceedings. The minutes, if any, are to be open for public inspection and copying. (IC 5-14-1.5-4(b) and (c).) [Res. 2019-25 § 1, 2019].

Rule 1.10.06

Quorum.

A majority of all the appointed members of the redevelopment commission constitutes a quorum, which shall mean at least three, pursuant to IC 36-7-14-8(h). [Res. 2019-25 § 1, 2019].

Rules 1.11 – 1.14

Reserved.

Rule 1.15

Meetings of the redevelopment commission.

Rule 1.15.01

Meetings of the redevelopment commission.

(A) The types of meetings that may be convened by the redevelopment commission include regular plenary meetings, special meetings, executive sessions, adjourned meetings, and regular study sessions.

(1) What constitutes a meeting shall be governed by IC 5-14-1.5-2 and this rule.

(2) Plenary meetings shall be convened based upon an established standing day and time, at which matters are brought before the redevelopment commission either by its specific action or by an agenda assembled according to these rules, for its consideration and possible dispositive action. These meetings will be conducted with the customary formality associated with such meetings according to the prevailing law and the selected parliamentary authority. However, the redevelopment commission may employ at the beginning of each meeting a review period to consider the agenda and discuss matters that are necessary or desirable. When doing so, the commission may employ the same degree of informality and legislative conduct associated with study sessions. This review period ends when the redevelopment commission president calls the plenary meeting to regular order.

(3) Study sessions shall be distinguished from plenary meetings as they shall be conducted with less formality and with no votes or final actions of a dispositive nature unless provided otherwise by proper notice, pursuant to IC 5-14-1.5 et seq.

(4) Special meetings shall be convened at a different time and date from the regular plenary meetings or study sessions to consider and act upon only one or more items as set forth in the notice and call of the meeting.

(5) An adjourned meeting is a meeting convened as a continuation of a meeting which preceded it and at which the items of business were not able to be completed. The adjourned meeting shall take up at the point where the previous meeting ended, addressing the business remaining from the prior meeting and be confined only to those matters, unless special notice is provided under IC 5-14-1.5 et seq.

(6) An executive session is a meeting from which the public is barred from attending to record and observe and may only be convened according to the provisions and purposes set forth in IC 5-14-1.5-6.1.

(B) Except as otherwise provided herein, the redevelopment commission shall hold regular plenary meetings on the third Monday of each month, which shall begin at 7:00 p.m.

(C) Except as otherwise provided herein, the redevelopment commission shall hold study sessions on the first Monday of each month, which shall begin at 7:00 p.m.

(D) Redevelopment commission plenary meetings or study sessions may be canceled by a majority vote of the redevelopment commission or by direction of the redevelopment commission president.

(E) Redevelopment commission plenary meetings may be rescheduled by a two-thirds vote of the appointed members of the redevelopment commission.

(F) The redevelopment commission shall have the authority to hold such other meetings, as described in this section, as it may deem necessary or desirable provided such meetings be held pursuant to IC 5-14-1.5 et seq.

(G) The redevelopment commission, when necessary or desirable, shall hold executive sessions pursuant to IC 5-14-1.5-6.1 and HMC 2.05.070 only for the purposes authorized therein.

(H) The recording secretary shall memorialize the proceedings of all meetings pursuant to IC 5-14-1.5 et seq., and these rules. [Res. 2019-25 § 1, 2019].

Rules 1.16 – 1.99

Reserved.

Rule 2.00

Reserved.

Rule 2.01

Finance and administration of the redevelopment department.

Rule 2.01.01

Fiscal administration of the department.

(A) The clerk-treasurer as the fiscal officer of the town of Highland is the treasurer of the redevelopment commission. Notwithstanding any other provision of these rules, but subject to IC 36-7-14-8(c), the treasurer has charge over and is responsible for the administration, investment, and disbursement of all funds and accounts of the redevelopment commission in accordance with the requirements of state laws that apply to other funds and accounts administered by the fiscal officer. (See IC 36-7-14-8.)

(B) The treasurer shall report annually to the redevelopment commission before April 1st. The redevelopment director shall prepare the report with the cooperation of the treasurer. (See IC 36-7-14-8.)

(C) The treasurer performing these duties is not entitled to any compensation in addition to that paid the officer by the unit. (See IC 36-7-14-8.)

(D) The treasurer of the redevelopment commission may disburse funds of the redevelopment commission only after the redevelopment commission allows and approves the disbursement, except for those authorized to be paid in advance of commission allowance by Rule 2.10.01. [Res. 2019-25 § 1, 2019].

Rule 2.01.02

Funds of the redevelopment department.

(A) The funds of the redevelopment department must be accounted for separately by the town of Highland and the daily balance of the funds must be maintained in a separate ledger statement.

(B) Except as provided in subsection (E) of this rule, all funds designated as redevelopment commission funds must be accessible to the redevelopment commission at any time.

(D) The funds may not be maintained or used in a manner that is intended to avoid the waiver procedures and requirements for town of Highland and the redevelopment commission under subsection (E) of this rule.

(E) If the fiscal body of the town of Highland determines that it is necessary to engage in short term borrowing until the next tax collection period, the fiscal body of the town of Highland may request approval from the redevelopment commission to waive the requirement in subsections (B) and (D) of this rule. In order to waive the requirement under subsections (B) and (D) of this rule, the fiscal body of the unit and the redevelopment commission must adopt similar resolutions that set forth:

(1) The amount of the funds designated as redevelopment commission funds that are no longer accessible to the redevelopment commission under the waiver; and

(2) An expiration date for the waiver.

If a loan is made to a unit from funds designated as redevelopment funds, the loan must be repaid by the unit and the funds made accessible to the redevelopment commission not later than the end of the calendar year in which the funds are received by the unit.

(F) Subsections (B), (D) and (E) of this rule do not restrict transfers or uses by a redevelopment commission made to meet commitments under a written agreement of the redevelopment commission that was entered into before January 1, 2016, if the written agreement complied with the requirements existing under the law at the time the redevelopment commission entered into the written agreement. [Res. 2019-25 § 1, 2019].

Rules 2.01.03 – 2.01.99

Reserved.

Rules 2.02 – 2.09

Reserved.

Rule 2.10

Accounts payable payments in advance of formal allowance.

Rule 2.10.01

Authorized payments by the town clerk-treasurer as redevelopment treasurer.

(A) Authorized Expenses. The redevelopment commission approves and authorizes payments to be made by the clerk-treasurer as treasurer of the commission in advance of formal allowance by the redevelopment commission or other board or commission of jurisdiction for the following types of expenses:

(1) Property or services purchased or leased from: (a) the United States government; or (b) an agency or political subdivision of the United States government; or (c) the government of the state of Indiana; or (d) an agency or department or branch of the government of the state of Indiana, including a body politic and corporate of the state;

(2) License fees or permit fees;

(3) Insurance premiums;

(4) Utility payments or utility connection charges;

(5) Federal grant programs if: (a) advance funding is not prohibited; or (b) the contracting party provides sufficient security for the amount advanced;

(6) Grants of state funds authorized by statute;

(7) Maintenance agreements or service agreements;

(8) Lease agreements or rental agreements;

(9) Principal and interest payments on bonds;

(10) Payroll;

(11) State, federal, or county taxes;

(12) Payments made for property management services provided the payments are made in consequence of an agreement approved by the redevelopment commission;

(13) Refunds;

(14) Payments to such vendors or service providers, public or private, which have provided services or goods to the municipality and for which a delay of payment incurs penalties or late payment charges;

(15) Payments for the purchase of real estate; provided, that the purchase and price has been duly authorized and approved by action of the redevelopment commission, and the purchase was executed in compliance with IC 33-24, 36-1-10.5, 36-7, 36-9 or 36-10 and other relevant laws;

(16) Transfers or temporary loans in consequence of cash flow needs; provided, in all cases, that the transfer has been duly authorized and approved by action of the redevelopment commission;

(17) Payments made in consequence of or associated with a fund development project or a promotional program related to economic development or redevelopment, provided the project or program has been properly approved by the redevelopment commission;

(18) Payments made to employees’ health savings accounts by the municipality as employer;

(19) Charges or fees for services provided by an authorized public depository employed by the municipality;

(20) Registration fees for conferences, workshops or training conducted by associations organized to support municipal government or entities engaged in training or providing workshops relevant to public administration generally or particularly in the functional areas of the local government;

(21) Authorized or approved releases of retainage from the capital projects retainage agency fund;

(22) Payments that must be paid because of emergency circumstances;

(23) Payments made for electronic and online payment processing services in support of utility, parks and recreation and other public services of the municipality.

(B) Voucher Required. Each payment of expenses outlined in subsection (A) of this rule must be supported by a fully itemized accounts payable voucher.

(C) Timely Review. The redevelopment commission as the body having jurisdiction over allowance of the accounts payable voucher shall review and allow the payment at the commission’s next regular or special meeting following the preapproved payment of the expense.

(D) Payments for any of the expenses described in this rule may be made by electronic fund transfer, wire or automated clearing house, pursuant to Chapter 3.25 HMC, provided this is authorized by the redevelopment treasurer. [Res. 2019-25 § 1, 2019].

Chapter VRULES OF THE REDEVELOPMENT COMMISSION AND DEPARTMENT

Rules 2.11 – 100.99 Reserved.

Chapter V
RULES OF THE REDEVELOPMENT COMMISSION AND DEPARTMENT