reglab/housing_qa huggingface dataset:
IN Code § 36-7-12-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-8. Consolidated Cities; Commission Members; Appointment; Terms of Office

Sec. 8. (a) This section applies to consolidated cities that establish a department of economic development.(b) The members of the economic development commission shall be appointed by the city executive. One (1) of the members shall be selected by the city executive, and two (2) shall be nominated by the city fiscal body.(c) The economic development commissioners shall take office upon their appointment, and their terms run from February 1 after their original appointment, for a period of:(1) three (3) years, if selected by the city executive;(2) two (2) years, for one (1) of the two (2) commissioners nominated by the city fiscal body; and(3) one (1) year, for the remaining commissioner nominated by the city fiscal body.(d) If the ordinance of the city fiscal body establishing the department of economic development provides for a five (5) member commission, or if the fiscal body later adopts an ordinance increasing the membership from three (3) to five (5), two (2) additional members shall be selected and appointed by the city executive, one (1) for a term of three (3) years and one (1) for a term of one (1) year from February 1 after their appointment.[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]As added by Acts 1981, P.L.309, SEC.31.
IN Code § 36-7-12-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-9. Commissioners; Selection and Nomination; Successors in Office

Sec. 9. (a) After the adoption of an ordinance establishing a department of economic development, the clerk of the fiscal body establishing the department shall promptly notify the executives and fiscal bodies required to make selections and nominations by this chapter. The officers required to make selections and nominations shall do so within fifteen (15) days after receiving that notice. Each selectee and nominee shall be appointed by the appropriate executive officer within ten (10) days after the executive officer receives the nomination.(b) At the expiration of the respective terms of each of the original economic development commissioners, their respective successors shall be selected and nominated, before the expiration of the term, in the same manner as the original commissioner, and each succeeding commissioner shall serve for a term of four (4) years. A commissioner shall hold over after the expiration of the commissioner's term until the commissioner's successor is appointed and has qualified.[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.192.
IN Code § 36-7-12-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-10. Commissioners; Failure to Nominate; Vacancies

Sec. 10. (a) If a fiscal body fails to make a nomination within the time specified by section 9 of this chapter, the executive may select and appoint a person without a nomination.(b) If a person appointed as an economic development commissioner fails to take the oath of office required by section 11 of this chapter within ten (10) days after the notice of the appointment is mailed to the person, or if any commissioner, after qualifying, dies, resigns, vacates the commissioner's office, or is removed from office, a new commissioner shall be appointed to fill the vacancy in the same manner as the commissioner in respect to whom the vacancy occurs was appointed. A commissioner appointed under this subsection shall serve for the remainder of the vacated term.[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.193.
IN Code § 36-7-12-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-11. Commissioners; Oaths; Certificates of Appointment

Sec. 11. Before beginning the economic development commissioner's duties, each economic development commissioner, shall take and subscribe an oath of office in the usual form, to be indorsed upon the certificate of the economic development commissioner's appointment. The certificate shall be promptly filed with the clerk of the fiscal body that established the department.[Pre-Local Government Recodification Citation: 18-6-4.5-6 part.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.194.
IN Code § 36-7-12-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-12. Organizational Meetings; Officers

Sec. 12. (a) An economic development commission shall meet within thirty (30) days after its original appointment, at a time and place designated by the executive of the unit, for the purpose of organization, and shall meet to reorganize in February of each succeeding year.(b) At the meeting required by subsection (a), an economic development commission shall elect one (1) of its members as president, one (1) as vice president, and one (1) as secretary. Each officer shall serve from the date of the officer's election until January 31 after the officer's election, and until the officer's successor is elected and qualified.[Pre-Local Government Recodification Citation: 18-6-4.5-6 part.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.195.
IN Code § 36-7-12-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-13. Commissions; Rules; Meetings; Quorum; Approval of Actions; Records

Sec. 13. (a) An economic development commission may adopt the bylaws, rules, and regulations that it considers necessary. Regular or special meetings shall be held at times and upon notice fixed by the commission, either by resolution or in accordance with the bylaws, rules, and regulations adopted.(b) A majority of the members of an economic development commission constitutes a quorum.(c) Actions of an economic development commission must be approved by a majority of the members of the commission.(d) The records of an economic development commission are public records.[Pre-Local Government Recodification Citations: 18-6-4.5-7; 18-6-4.5-13 part.]As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.310, SEC.72.
IN Code § 36-7-12-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-14. Removal of Commissioners From Office

Sec. 14. An economic development commissioner may be removed from office for neglect of duty, incompetency, inability to perform the commissioner's duties, or any other good cause, by the executive or fiscal body that selected or nominated the commissioner. The commissioner removed may obtain judicial review of the removal by filing a complaint in a circuit or superior court in the county, and the burden of proof is upon the executive or fiscal body that removed the commissioner. The cause shall be placed on the advanced calendar and be tried as other civil causes are tried by the court, without a jury. The court's judgment may be appealed in the same manner as any civil action.[Pre-Local Government Recodification Citation: 18-6-4.5-8.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.196.
IN Code § 36-7-12-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-15. Commissioners; Expenses and per Diem

Sec. 15. An economic development commissioner is not entitled to any salary, but is entitled to:(1) reimbursement for expenses necessarily incurred in the performance of the commissioner's duties; and(2) a per diem allowance for each day the commissioner attends a commission meeting, if that allowance:(A) does not exceed the per diem allowance for members of the general assembly; and(B) is authorized by the fiscal body that established the commission.[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.197.
IN Code § 36-7-12-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-16. Pecuniary Interest of Commissioner in Matters Considered by Commission

Sec. 16. (a) An economic development commissioner shall disclose any pecuniary interest in any employment, financing agreement, or other contract made under this chapter before any action by the commission on it, and shall not vote on any such matter.(b) Notwithstanding any other law, a member of the fiscal body of a unit may have a pecuniary interest in any employment, financing agreement, or other contract made under this chapter if the member discloses the member's pecuniary interest before any action by the fiscal body on it and does not vote on any such matter.(c) If any property in which an economic development commissioner or member of a fiscal body of a unit has a pecuniary interest is property required for the purposes of this chapter, that property may be acquired, but only by gift or condemnation.[Pre-Local Government Recodification Citation: 18-6-4.5-9.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.198.
IN Code § 36-7-12-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-17. Commissions; Investigatory Duties

Sec. 17. (a) An economic development commission shall investigate, study, and survey the need for additional job opportunities, industrial diversification, water services, and pollution control facilities in the unit, and shall recommend action to improve or promote job opportunities, industrial diversification, water services, and availability of pollution control facilities in the unit.(b) As part of an investigation under subsection (a), an economic development commission may participate in the financing of business appraisals and financial feasibility studies of the possible purchase of a business with operations in the commission's jurisdiction by the employees of that operation through an employee stock ownership plan (ESOP). The employees must agree to repay the commission's contribution to the cost of the appraisals and studies if such a purchase is successful.[Pre-Local Government Recodification Citation: 18-6-4.5-10.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.169-1990, SEC.1; P.L.35-1990, SEC.47.
IN Code § 36-7-12-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-18. Powers of Units

Sec. 18. (a) A unit may:(1) enter into agreements concerning, and acquire by any lawful means, land or interests in land and personal property needed for the purposes of this chapter;(2) exercise its power of eminent domain to acquire unimproved land, unoccupied economic development facilities, or pollution control facilities and the land relating to those facilities, for the purposes of this chapter;(3) purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve economic development or pollution control facilities, including land, machinery, or equipment;(4) lease economic development or pollution control facilities to users or developers, with or without an option to purchase;(5) sell economic development or pollution control facilities to users or developers, for consideration to be paid in installments or otherwise;(6) make direct loans to users or developers for the cost of acquisition, construction, or installation of economic development or pollution control facilities, including land, machinery, or equipment, with the loans to be secured by the pledge of one (1) or more taxable or tax-exempt bonds or other secured or unsecured debt obligations of the users or developers;(7) enter into agreements with users or developers to allow the users or developers to wholly or partially construct economic development or pollution control facilities to be acquired by the unit;(8) issue taxable or tax-exempt bonds under this chapter for single or multiple, identified or unidentified, economic development or pollution control facilities to accomplish the purposes of this chapter, and secure their payment as provided in this chapter;(9) establish reserves from the proceeds of the sale of taxable or tax-exempt bonds, other funds, or both, to secure the payment of the principal and interest on the bonds;(10) lend or deposit the proceeds of bonds to or with a lender for the purpose of furnishing funds to the lender for the purpose of making a loan to a specifically identified developer or user for the financing of specifically identified economic development or pollution control facilities under this chapter; and(11) reimburse from bond proceeds expenditures for pollution control facilities or economic development facilities.(b) This chapter does not authorize the financing of economic development facilities for a developer unless any written agreement that may exist between the developer and the user is fully disclosed to, and approved by, the economic development commission or the fiscal body of the unit.[Pre-Local Government Recodification Citation: 18-6-4.5-11.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.40-1983, SEC.3; P.L.25-1987, SEC.47; P.L.24-1995, SEC.28.
IN Code § 36-7-12-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-19. Special Tax Levy; Transfer of Money to Department of Economic Development; Adoption and Submission of Proposed Budget

Sec. 19. (a) The fiscal body of a unit may levy a special tax to pay the costs of operation of its economic development commission, but this tax may not be used to pay any of the costs attributable to the acquisition and leasing or sale of economic development or pollution control facilities, except for advancements to be reimbursed from bond proceeds.(b) Any unit having money raised by taxation for any type of industrial aid or development as authorized by any other statute may transfer that money to its department of economic development to carry out the purposes of this chapter.(c) Before a tax is levied under subsection (a) or money is transferred under subsection (b), the economic development commission must:(1) adopt a proposed budget for the use of the money it will receive from the levy or transfer; and(2) submit the budget to the fiscal body of the unit that established the commission.The fiscal body may review and modify the proposed budget.[Pre-Local Government Recodification Citation: 18-6-4.5-12.]As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.310, SEC.73.
IN Code § 36-7-12-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-20. Use of Funds; Procedures for Letting Contracts; Employees' Bonds

Sec. 20. (a) All tax revenues coming into possession of the economic development commission shall be deposited, held, and secured in accordance with the statutes relating to the handling and investing of public funds. The handling and expenditure of this money is subject to audit and supervision by the state board of accounts.(b) Contracts for construction and equipment of economic development or pollution control facilities need not be let in accordance with IC 5-16, IC 5-17, or any other statute relating to public contracts.(c) Any employee of the economic development commission authorized to receive, disburse, or in any other way handle money or negotiable securities of the commission shall execute a bond payable to the state, with surety to consist of a surety or guaranty corporation qualified to do business in the state. The bond must be in an amount determined by the commission, and must be conditioned upon the employee's faithful performance of the employee's duties and the accounting for all monies and property that may come into the employee's hands or under the employee's control. The cost of these bonds shall be paid by the commission.[Pre-Local Government Recodification Citation: 18-6-4.5-13 part.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.35-1990, SEC.48; P.L.252-2015, SEC.46.
IN Code § 36-7-12-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-21. Negotiation of Financing Terms; Adverse Competitive Effect Studies; Preliminary Expenses

Sec. 21. (a) An economic development commission may enter into negotiations with one (1) or more persons concerning the terms and conditions for financing of economic development or pollution control facilities.(b) The commission shall consider whether a proposed economic development facility may have an adverse competitive effect on similar facilities already constructed or operating in the unit. In the case of economic development facilities that are identified at the time of issuance of the bonds, the adverse competitive effect question must be considered before issuance of the bonds. In the case of a program financing under section 18.5 of this chapter, the adverse competitive effect question need not be considered before the issuance of the bonds except for those economic development facilities that are identified at the time of issuance of the bonds, but it must be considered before financing any proposed economic development facilities from program funds.(c) Preliminary expenses in connection with negotiations under this section may be paid from:(1) money furnished by the proposed user or developer;(2) money made available by the state or federal government, or by any of their departments or agencies; or(3) money of the commission.[Pre-Local Government Recodification Citation: 18-6-4.5-14.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.49.
IN Code § 36-7-12-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-22. Applicability of Zoning Laws; Consent Necessary for Financing of Facilities

Sec. 22. (a) Economic development or pollution control facilities are subject to applicable zoning laws. If a fiscal body of a unit establishes a department of development, the unit and its economic development commission have jurisdiction under this chapter throughout the county, both inside and outside the corporate boundaries of any municipality.(b) Notwithstanding subsection (a), economic development facilities that are to be located within the corporate boundaries of a municipality may not be financed by a county without the consent of the fiscal body of the municipality, and economic development facilities that are to be located outside the corporate boundaries of a municipality may not be financed by the municipality without the consent of the fiscal body of the unit in which facilities are to be located.(c) Notwithstanding subsection (a), pollution control facilities that are to be located within the corporate boundaries of a municipality may not be financed by another unit unless:(1) the user has applied to the economic development commission and fiscal body of the municipality for the financing of the facilities, and the municipality has failed to adopt a bond, note, or warrant ordinance for the facilities within sixty (60) days after the date of the application; or(2) the fiscal body of the municipality has consented to the financing of the facilities by another unit.[Pre-Local Government Recodification Citations: 18-6-4.5-4 part; 18-6-4.5-15.]As added by Acts 1981, P.L.309, SEC.31.
IN Code § 36-7-12-23 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-23. Evaluative Report; Exception

Sec. 23. (a) The economic development commission shall prepare a report that:(1) briefly describes the proposed economic development or pollution control facilities;(2) estimates the number and expense of public works or services that would be made necessary or desirable by the proposed facilities, including public ways, schools, water, sewers, street lights, and fire protection;(3) estimates the total project costs of the proposed facilities;(4) for economic development facilities, estimates the number of jobs and the payroll to be created or saved, or describes the public benefits provided by a waterworks facility; and(5) for pollution control facilities, describes the facilities and how they will abate, reduce, or prevent pollution.(b) The report shall be submitted to the executive director or chair of the plan commission, if any, and if the number of new jobs estimated exceeds one hundred (100), to the superintendent of the school corporation where the facilities will be located. The executive director or chair of the plan commission and the school superintendent may formulate their written comments concerning the report and transmit their comments, if any, to the commission within five (5) days from the receipt of the report.(c) In the case of a program financing under section 18.5 of this chapter, the requirements of this section need be complied with only when and as a condition precedent to financing proposed economic development or pollution control facilities from the program funds.[Pre-Local Government Recodification Citation: 18-6-4.5-16.]As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.25-1987, SEC.50; P.L.35-1990, SEC.49; P.L.127-2017, SEC.199.
IN Code § 36-7-12-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 12. Economic Development and Pollution Control|36-7-12-24. Hearing on Proposed Financing of Facilities; Approval by Commission

Sec. 24. (a) The economic development commission shall hold a public hearing, for itself and on behalf of the fiscal body of the unit proposing to issue the bonds, on the proposed financing of the economic development or pollution control facilities, after giving notice by publication in accordance with IC 5-3-1 in the unit proposing to issue the bonds and in the municipality, if any, where the facilities are to be located. However, in the case of a program financing under section 18.5 of this chapter that is funded with taxable bonds, the public hearing requirement of this section need not be complied with until the economic development or pollution control facilities to be financed with program funds have been identified.(b) Upon findings by the commission that:(1) the proposed financing will be of benefit to the health or general welfare of the unit proposing to issue the bonds, or the unit where the facilities are to be located, or both; and(2) the proposed financing complies with this chapter;the commission shall, by resolution, approve the financing, including the form and terms of the financing agreement, the bonds and the trust indenture (if any). The secretary of the commission shall transmit the resolution to the fiscal body of the unit proposing to issue the bonds.[Pre-Local Government Recodification Citation: 18-6-4.5-17.]As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1981, P.L.45, SEC.28; P.L.25-1987, SEC.51.