§ 36-9-11.1-5 — Powers and duties of board

Indiana § 36-9-11.1-5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 11.1: Parking Facilities in Marion County

Text

(a) The board shall do the following:
(1) Investigate, study, and survey the off-street parking needs of
the county.
(2) Promote and encourage the development of parking facilities
by private interests.
(3) Cooperate with and secure the cooperation of the various
departments and agencies of the consolidated city and other
governmental bodies in such manner as will best promote the
carrying out of the purposes of this chapter.
(4) Make findings and reports from time to time regarding such
matters, which reports are public records open to inspection by
the public at the offices of the department.
(5) Select the sites of parking facilities to be acquired and
improved under this chapter.
(6) Acquire these sites and cause them to be improved, operated,
or disposed of so as best to carry out the purposes of this chapter.
(7) Exercise general discretionary powers for the government,
management, regulation, and control of all parking facilities
acquired under this chapter, and over all funds and property
relating or belonging to them.
(8) Practice rigid economy in all its operations and expenditures
under this chapter, including all compensation paid to any
persons, in order to secure the rights and protection of all
bondholders and the public.
(b) In carrying out its duties under this chapter, the board may do
the following:
(1) Acquire by purchase, gift, grant, devise, bequest, or
condemnation, in the name of the consolidated city, and with the
approval of the city executive, any interest in real property,
including air rights, or personal property, that the board finds to
be needed for the reasonable development of parking facilities
under this chapter.
(2) Hold, use, manage, operate, sell, lease, rent, or otherwise
dispose of, in the name of the city, any property interest acquired,
constructed, or improved for use under this chapter, on such terms
and conditions as the board considers to be for the best interests
of its bondholders, the department, the city, and its inhabitants,
but subject to the approval of the executive as required by law.
(3) Operate and manage any parking facility under the jurisdiction
of the board directly by its own employees, but only for such
periods as no acceptable lessee is available.
(4) Clear, or contract for the clearance of, real property acquired
for parking purposes, and adapt and improve it for that use.
(5) Improve for any commercial or business use any parts of
parking facilities as are at any time either required or approved by
the metropolitan development commission, or are for the best
interests of the bondholders and public; and make improvements
in the form of walks and elevated walkways to connect any
parking facilities to other buildings or land since these
connections will enhance the value and use of the facilities by
making them more readily accessible.
(6) Enter upon any lots or lands at all reasonable times for the
purpose of surveying or examination, to determine whether they
are suitable for acquisition and improvement for off-street parking
purposes.
(7) Appear before any department or agency of the city or any
other governmental agency, with respect to any matter affecting
the property or interests acquired or being acquired for off-street
parking purposes, or with respect to any matter affecting any
parking facility under the jurisdiction of the board.
(8) Institute, or defend, in the name of the city, any actions
growing out of any acts, omissions, or operations of the board
under this chapter; use any legal or equitable remedy necessary or
proper to protect the property or to enforce the powers and
perform the duties of the department under this chapter; but any
judgments against the city or the board in any such actions are
payable solely out of the funds of the department available for
them and of any parking facility chargeable with them.
(9) Cut curbs and issue all permits necessary to the conduct of a
parking facility on any property acquired or used for the purposes
of this chapter, after obtaining the approval of the agencies having
jurisdiction of these matters in the city.
(10) Appoint or employ appraisers of air rights and real and
personal property, engineers, architects, surveyors, attorneys,
financial consultants, inspectors, superintendents, managers,
accountants, clerks, and other employees, consultants and agents
as the board may consider expedient and necessary, all of whom
shall serve at the will of the board; prescribe and define their
duties and fix the fair and reasonable compensation to be paid to
those persons, and discharge such appointees or employees and
appoint and employ their successors.
(11) Carry and pay for all insurance necessary to protect the
board's property and funds; and purchase, lease, or rent any
equipment and supplies that are reasonably necessary to enable
the board to perform its duties.
(12) Expend for and on behalf of the department and the city all
money donated to the department, advanced by the city, raised by
the issuance of the obligations authorized by this chapter, or
resulting from revenues derived from the operation of parking
facilities, subject to the limitations imposed by this chapter; but
until funds have been provided by the issuance of obligations or
from revenues of the department, the board may not incur any
obligation in excess of any amount prescribed by this chapter to
be actually advanced by the city.
As added by Acts 1982, P.L.77, SEC.13.