(a)The commission:
(2)is not required to;
consider a proposal to transform the commission from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5.
(b)For the commission to be transformed from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5:
(1)the county executives of all participating counties:
(A)must approve the proposal described in subsection (a); and
(B)must adopt substantively identical ordinances that set forth
the flood damage reduction, drainage, storm water
management, or soil and water conservation purposes for which
the proposed watershed development commission would be
established, and, for the purposes of IC 14-30.5-2-0.5, the
designat
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(a) The commission:
(1) may; but
(2) is not required to;
consider a proposal to transform the commission from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5.
(b) For the commission to be transformed from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5:
(1) the county executives of all participating counties:
(A) must approve the proposal described in subsection (a); and
(B) must adopt substantively identical ordinances that set forth
the flood damage reduction, drainage, storm water
management, or soil and water conservation purposes for which
the proposed watershed development commission would be
established, and, for the purposes of IC 14-30.5-2-0.5, the
designated watershed within which the proposed watershed
development commission would exercise its powers; and
(2) a majority of the voting members of the commission must vote
in favor of the transformation of the commission into a watershed
development commission in accordance with the ordinances
adopted under subdivision (1)(B) and the provisions of this
section.
(c) For the county executive of a participating county to approve a
proposal described in subsection (a) under subsection (b)(1)(A), at
least two (2) of the three (3) members of the county executive must
vote in favor of the proposal.
(d) If a member of the county executive of a participating county has
designated another individual under section 10 of this chapter to
perform the member's duties on the commission, the individual
designated to perform the duties of the member of the county executive
may vote under subsection (b)(2) on the proposal described in
subsection (a).
(e) If the county executives of all participating counties approve a
proposal described in subsection (a) under subsection (b)(1)(A) and
adopt substantively identical ordinances under subsection (b)(1)(B), a
majority of the voting members of the commission vote in favor of the
transformation of the commission into a watershed development
commission under subsection (b)(2), and the natural resources
commission approves the transformation of the commission into a
watershed development commission with the purposes set forth in the
ordinances adopted under subsection (b)(1)(B), the following apply:
(1) The commission shall notify the natural resources commission
and the department of the approval of the proposal.
(2) The officers of the commission elected under section 11 of
this chapter shall take the actions necessary and appropriate to the
transformation of the commission from a river basin commission
subject to this chapter into a watershed development commission
subject to IC 14-30.5.
(3) The board of the watershed development commission consists
of the following:
(A) The director of the department or the director's designee.
(B) The county surveyor of each county participating in the
commission.
(C) A member of the county executive from each county
participating in the commission or the member's designee.
(D) One (1) individual to represent each second class city that
is located in a participating county and within the Maumee
River basin, appointed by:
(i) the board of storm water management (as described in IC 8-1.5-5-4) of the second class city; or
(ii) if the second class city has no board of storm water
management, the executive of the second class city.
(E) A member of the county soil and water conservation district
board from each participating county within the Maumee River
basin or the member's designee.
(4) The director of the department or the director's designee:
(A) shall advise the commission on the transformation of the
commission into a watershed development commission subject
to IC 14-30.5; and
(B) when the board of the watershed development commission
is formed, shall assume the position on the board of the
watershed development commission specified in IC 14-30.5-4-1(a)(1)(A).
(5) The watershed development commission board may not meet
until the natural resources commission has given the approval
referred to in this subsection. Upon the convening of the first
meeting under IC 14-30.5-4 of the board of the watershed
development commission:
(A) the Maumee River basin commission ceases to exist as a
separate municipal corporation under this chapter;
(B) the Maumee watershed development commission is
established as a public body corporate and politic under IC 14-30.5;
(C) the participating counties of the Maumee River basin
commission become member counties of the Maumee
watershed development commission under IC 14-30.5; and
(D) each participating county of the Maumee River basin
commission is authorized to appoint a member of the county
executive or the member's designee under IC 14-30.5-4-1 to
represent the county on the board of the Maumee watershed
development commission.
(f) If established under this section, the Maumee watershed
development commission:
(1) is a continuation of;
(2) retains the property and rights of; and
(3) is responsible for the actions and subject to the liabilities of;
the former Maumee River basin commission.
(g) If established under this section, the Maumee watershed
development commission has all of the powers and duties of a
watershed development commission under IC 14-30.5 in the areas of
the watershed of the Maumee River and the tributaries of the Maumee
River that are within the boundaries of the member counties of the
Maumee watershed development commission. For the purposes of IC 14-30.5, the areas of the watershed of the Maumee River and the
tributaries of the Maumee River that are within the boundaries of the
member counties of the Maumee watershed development commission
comprise the designated watershed of the Maumee watershed
development commission.
(h) If the Maumee watershed development commission is
established under this section, the board of the Maumee watershed
development commission shall appoint an executive director under IC 14-30.5-4-2(e). An individual who was executive director of the
Maumee River basin commission may be appointed executive director
of the Maumee watershed development commission under this
subsection.
(i) If the Maumee watershed development commission is established
under this section, all property, records, and funds of the former
Maumee River basin commission:
(1) become property, records, and funds of the Maumee
watershed development commission; and
(2) shall be transmitted to the Maumee watershed development
commission not more than sixty (60) days after the appointment
of the executive director under subsection (h).