Indiana Code 14-13-2-18. General powers of commission
(1) Adopt bylaws for the regulation of the commission’s affairs and the conduct of the commission’s business.
Terms Used In Indiana Code 14-13-2-18
- commission: refers to the Little Calumet River basin development commission created by this chapter. See Indiana Code 14-13-2-2
- Contract: A legal written agreement that becomes binding when signed.
- Devise: To gift property by will.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: All property that is not real property.
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Service of process: The service of writs or summonses to the appropriate party.
(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.
[Pre-1995 Recodification Citation: 14-6-29.5-7.]
As added by P.L.1-1995, SEC.6.