Chapter 2.73
GREENWAY ADVISORY BOARD
Sections:
2.73.010 Greenway Advisory Board.
2.73.020 An Interlocal Agreement Concerning The Formation Of a Greenway Advisory Board.
2.73.100 Duties And Responsibilities.
2.73.140 Full Agreement And Modification.
2.73.010 Greenway Advisory Board
Vanderburgh County and the City of Evansville hereby enter into an interlocal agreement for the establishment of a Greenway Advisory Board under the following terms and conditions:
2.73.020 An Interlocal Agreement Concerning The Formation Of a Greenway Advisory Board
This Agreement is made and entered into by and between the City of Evansville, Indiana, and Vanderburgh County, Indiana, concerning the establishment of a Greenway Advisory Board under I.C. 36-1-7-1 et seq.
2.73.030 Definitions
The following terms shall have the meanings indicated unless the context clearly indicates otherwise:
“Pigeon Creek Greenway” (hereafter “Greenway”) is the linear passageway, pedestrian bikeway or trail created by the City of Evansville and Vanderburgh County.
“Greenway Advisory Board” (hereafter “Board”) means the Board appointed by the Mayor of the City of Evansville, Evansville City Council, Board of Commissioners of Vanderburgh County and the Vanderburgh County Council as provided herein.
“City” shall mean the City of Evansville.
“County” shall mean Vanderburgh County.
“City Council” shall mean the City Council of the City of Evansville.
“County Commissioners” shall mean the Board of Commissioners of Vanderburgh County.
“County Council” shall mean the County Council of Vanderburgh County.
“Parks Board” shall mean the Board of Parks Commissioners of the City of Evansville.
2.73.040 Purpose
The purpose of this Interlocal Agreement is to establish an advisory board for the Pigeon Creek Greenway to advise and to report to the City of Evansville and Vanderburgh County.
2.73.050 Termination
Effective upon the adoption of this Agreement, the entity formerly known as the Pigeon Creek Greenway Passage Advisory Board is abolished and terminated.
2.73.60 Duration
The terms of this Agreement shall continue from year to year unless one party gives the other party six (6) months’ written notice of its intent to cancel the Agreement. Said notice shall be in writing and directed to the Mayor, if notice is to be given to the City of Evansville, and directed to the Vanderburgh County Board of Commissioners, if notice is to be given to Vanderburgh County.
2.73.070 Membership
The Board shall consist of not more than thirteen (13) members appointed as follows:
1. The Mayor shall appoint six (6) members;
2. The City Council shall appoint one (1) member;
3. The Board of Commissioners of Vanderburgh County shall appoint five (5) members; and
4. The County Council shall appoint one (1) member.
The members shall serve without compensation.
2.73.080 Qualifications
Members of the Board must have an interest in the establishment of the Greenway. The members may hold elected or appointed positions in City or County government and need not be residents of Vanderburgh County.
2.73.090 Terms Of Office
Members shall serve a term of one (1) year or until their successor is appointed. Members may be removed at any time by the appointing authority, with or without cause.
2.73.100 Duties And Responsibilities
The Board shall make recommendations to the Mayor, County Commissioners, City Council, County Council, and Parks Board regarding Greenway matters (hereafter referred to individually as “appointing authority”).
The Board may not own real estate and may own such personal property as is donated or purchased by the Board with funds appropriated and authorized by each governmental body. If any personal property is given to the Board for its use by either party to this Agreement or purchased with funds appropriated by one party, the property shall remain the property of the contributing party for the use of the Board and shall be returned to that party at the termination of this Agreement or when it is no longer needed by the Board. If any personal property is donated to the Board by any other person or organization, such property shall be equitably divided between the parties or one party may by mutual agreement, purchase the property from the other party upon terms agreed upon by the parties. Personal property that is purchased from funds appropriated jointly by the parties shall be returned to the parties in the same proportion as the funds were appropriated. Upon termination, the parties may agree to transfer any personal property to another entity by mutual agreement.
The Board shall have no authority to negotiate or enter into contracts; employ personnel; enter into leases, or deliver any instrument. The Board shall have no authority to represent City or County Government before any board, commission, or other governmental entity or public body without the express prior approval of the Mayor of the City of Evansville and the Vanderburgh County Board of Commissioners.
The Board may designate committees to undertake activities requested by an appointing authority.
All fundraising activities and contributions must be approved and accepted by the Parks Board if the funds are to be used on the Greenway under the control of the Parks Board. Any fundraising activities for Greenway activities not under the control of the Parks Board shall be approved by the County Commissioners. Funds received by the Board shall be turned over to the Parks Department, in the case of the City, and turned over to the County Commissioners, in the case of the County. Money raised for the Greenway may only be spent on the Greenway.
2.73.110 Meetings
Meetings shall be conducted in accordance with Indiana’s Open Door Laws.
2.73.120 Officers
The Board shall have three (3) officers: the Chairperson; Vice Chairperson; and Secretary. The Chairperson shall be the presiding officer of the Board and shall perform the duties customarily attributed to the office. The Vice Chairperson shall be the presiding officer in the absence of the Chairperson. The Secretary shall be responsible for keeping the records of the Board and its committees and performing such duties as are customary for the office.
Officers shall be elected annually at the first meeting of the Board in January of each year. The Chairperson shall not serve a consecutive term in that office.
2.73.130 Appropriations
The parties may appropriate such monies as the respective parties deem appropriate to pay for the activities of the Board. All such funds shall be in a separate budget line item and administered by the Parks Department under policies and practices of the City. Money appropriated by the County shall be turned over to the City Controller as agreed upon by the City and County.
2.73.140 Full Agreement And Modification
The parties agree that this instrument represents the full agreement of parties and there are no terms, conditions, promises or agreements except as expressly stated herein.
The parties agree that this Agreement may not be modified except in writing agreed to by the City and County.
(Added 9/12/2007; Approved by County Commissioners 2/20/2007 & by County Council 9/12/2007).