reglab/housing_qa huggingface dataset:
IN Code § 36-7-30.5-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-11. Terms of Members; Oath; Bond; Qualifications; Reimbursement for Expenses

Sec. 11. (a) Each member of a military base development authority shall serve the longer of:(1) three (3) years beginning with the first day of January after the member's appointment; or(2) until the member's successor has been appointed and qualified.If a vacancy occurs, a successor shall be appointed in the same manner as the original member. The successor shall serve for the remainder of the vacated term.(b) Each member of a development authority, before beginning the member's duties, shall take and subscribe an oath of office in the usual form, to be endorsed on the certificate of the member's appointment. The endorsed certificate must be promptly filed with the clerk for the unit that the member serves.(c) Each member of a development authority, before beginning the member's duties, shall execute a bond payable to the state, with surety to be approved by the executive of the unit. The bond must be:(1) in the penal sum of fifteen thousand dollars ($15,000); and(2) conditioned on the faithful performance of the duties of the member's office and the accounting for all money and property that may come into the member's hands or under the member's control.(d) A member of a development authority must be:(1) at least eighteen (18) years of age; and(2) a resident of the county responsible for the member's appointment.(e) If a member ceases to be qualified under this section, the member forfeits the member's office.(f) Members of a development authority are not entitled to salaries but are entitled to reimbursement for expenses necessarily incurred in the performance of their duties.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-12. Meetings; Officers; Rules; Quorum

Sec. 12. (a) The development authority members shall hold a meeting for the purpose of organization not later than thirty (30) days after they are appointed and, after that, each year on the first day in January that is not a Saturday, Sunday, or legal holiday. The members shall choose one (1) of their members as president, another as vice president, and another as secretary-treasurer. These officers shall perform the duties usually concerning their offices and shall serve from the date of their election until their successors are elected and qualified.(b) Except as otherwise provided in this chapter, the secretary-treasurer shall be responsible for the funds and accounts of the development authority. The development authority may:(1) employ personnel for compensation to assist the secretary-treasurer; or(2) designate or appoint a fiscal officer of a county responsible for appointing one (1) or more development authority members to perform the duties that are delegated by the development authority and accepted by the fiscal officer.(c) The members of a development authority may adopt rules and bylaws the members consider necessary for:(1) the proper conduct of proceedings;(2) carrying out of the members' duties; and(3) safeguarding the money and property placed in the members' custody by this chapter.In addition to the annual meeting, the members may by resolution or in accordance with the rules and bylaws prescribe the date and manner of notice of other regular or special meetings.(d) Five (5) members of the development authority constitute a quorum. The concurrence of five (5) members is necessary to authorize an action.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-13. Removal From Office

Sec. 13. A member of a military base development authority may be summarily removed from office at any time by the county executive that appointed the member.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-14. Duties of Development Authority

Sec. 14. The development authority shall do the following:(1) Investigate, study, and survey the area surrounding and the real property and structures that are part of the military base.(2) Investigate, study, and determine the means by which military base property may be developed or reused by private enterprise to promote economic development within counties represented on the development authority or by state and local government to otherwise benefit the welfare of the citizens of the counties represented on the development authority.(3) Promote the development of military base property in the manner that best serves the interests of the state and its inhabitants.(4) Cooperate with the departments and agencies of units and of other governmental entities, including the state and the federal government, in the manner that best serves the purposes of this chapter.(5) Make findings and reports on their activities under this section, and keep the reports available for inspection by the public.(6) Select and acquire military base property to be developed or reused by private enterprise or state or local government under this chapter.(7) Transfer acquired military base property and other real and personal property to private enterprise or state or local government in the manner that best serves the social and economic interests of the state and the state's inhabitants.(8) Consider recommendations made by the task force concerning the operations of the development authority.As added by P.L.203-2005, SEC.11. Amended by P.L.228-2019, SEC.8.
IN Code § 36-7-30.5-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-16. Plan and Declaration of Military Base Development Area

Sec. 16. (a) The development authority shall adopt a plan for the:(1) rehabilitation;(2) development;(3) redevelopment; and(4) reuse;of military base property to be acquired from the federal government upon the closure or scheduled closure of the military base.(b) In conjunction with the plan adopted under subsection (a), the development authority may adopt a resolution declaring that a geographic area is a military base development area and approving the plan if it makes the following findings:(1) All or part of a military base is located in the military base development area.(2) The plan for the military base development area will accomplish the public purposes of this chapter, supported by specific findings of fact to be adopted by the development authority.(3) The public health and welfare will be benefitted by accomplishment of the plan for the military base development area.(4) The plan for the military base development area conforms to other development and redevelopment plans for the counties represented on the development authority.(c) A military base development area may include territory within military base property. However, a military base development area may not include any area of land that constitutes part of an economic development area, a blighted area, or an urban renewal area under IC 36-7-14.(d) The resolution must state:(1) the general boundaries of the area; and(2) that the development authority proposes to acquire all the interests in the land within the boundaries, with certain designated exceptions, if any.(e) For the purpose of adopting a resolution under subsection (b), it is sufficient to describe the boundaries of the area by its location in relation to public ways or streams, or otherwise, as determined by the development authority. Property excepted from the acquisition may be described by street numbers or location.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-18. Notice and Hearing on Adoption of Resolution

Sec. 18. (a) The development authority must conduct a public hearing before amending a resolution or plan for a military base development area. The development authority shall give notice of the hearing in accordance with IC 5-3-1. The notice must do the following:(1) Set forth the substance of the proposed amendment.(2) State the time and place where written remonstrances against the proposed amendment may be filed.(3) Set forth the date, time, and place of the hearing.(4) State that the development authority will hear any person who has filed a written remonstrance during the filing period set forth in subdivision (2).(b) For the purposes of this section, the consolidation of areas is not considered the enlargement of the boundaries of an area.(c) If the development authority proposes to amend a resolution or plan, the development authority is not required to have evidence or make findings that were required for the establishment of the original military base development area. However, the development authority must make the following findings before approving the amendment:(1) The amendment is reasonable and appropriate when considered in relation to the original resolution or plan and the purposes of this chapter.(2) The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for an affected unit.(d) Notwithstanding subsections (a) and (c), if the resolution or plan is proposed to be amended in a way that enlarges the original boundaries of the area by more than twenty percent (20%), the development authority must use the procedure provided for the original establishment of areas and must comply with sections 16 through 17 of this chapter.(e) At the hearing on the amendments, the development authority shall consider written remonstrances that are filed. The action of the development authority on the amendment is final and conclusive, except that an appeal of the development authority's action may be taken under section 19 of this chapter.(f) If the development authority confirms, or modifies and confirms, the resolution and the resolution includes a provision establishing or amending an allocation provision under section 30 of this chapter, the development authority shall file a copy of the resolution with both the auditor of the county in which the proposed project is located and the department of local government finance, together with any supporting documents that are relevant to the computation of assessed values in the allocation area, within thirty (30) days after the date on which the development authority takes final action on the resolution.As added by P.L.203-2005, SEC.11. Amended by P.L.214-2019, SEC.50; P.L.257-2019, SEC.140.
IN Code § 36-7-30.5-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-19. Appeal From Final Action of Development Authority

Sec. 19. (a) A person who filed a written remonstrance with the development authority under section 17 or 18 of this chapter and is aggrieved by the final action taken may, not more than ten (10) days after that final action, file in the office of the clerk of an appropriate circuit or superior court a copy of the order of the development authority and person's remonstrances against that order, together with the person's bond conditioned to pay the costs of the person's appeal if the appeal is determined against the person. The only ground of remonstrance that the court may hear is whether the proposed project will be of public utility and benefit. The burden of proof is on the remonstrator.(b) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined not more than thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the remonstrances and may confirm the final action of the development authority or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-20. Purchase of Property

Sec. 20. (a) If:(1) an appeal is not taken; or(2) an appeal is taken but is unsuccessful;the development authority shall proceed with the plan to the extent that money is available for that purpose.(b) Negotiations for the purchase of property may be carried on directly by the development authority, by its employees, or by expert negotiators. However, an option, a contract, or an understanding relative to the purchase of real property is not binding on the development authority until approved and accepted by the development authority in writing. Payment for the property purchased shall be made when and as directed by the development authority but only on delivery of proper instruments conveying the title or interest of the owner to the development authority or its designee.(c) The acquisition of real and personal property by the development authority under this chapter is not subject to the provisions of IC 5-22, IC 36-1-10.5, or any other statutes governing the purchase of property by public bodies or their agencies.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-21. Acquisition of Property by Eminent Domain

Sec. 21. (a) If the development authority considers it necessary to acquire real property in or serving a development area by the exercise of the power of eminent domain, the development authority shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a petition on behalf of the development authority in the circuit or superior court of the county in which the property is situated. The resolution must be approved by the legislative body of the affected unit before the petition is filed.(b) Eminent domain proceedings under this section are governed by IC 32-24 and other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired under this section. However, property belonging to the state or a political subdivision may not be acquired without the consent of the state or the political subdivision.(c) The court having jurisdiction shall direct the clerk of the circuit court to execute a deed conveying the title of real property acquired under this section to the development authority for the use and benefit of the development authority.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-25 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-25. Lessor of Property

Sec. 25. (a) Any of the following persons may lease facilities referred to in section 24 of this chapter to a development authority under this chapter:(1) A for-profit or nonprofit corporation organized under Indiana law or admitted to do business in Indiana.(2) A partnership, an association, a limited liability company, or a firm.(3) An individual.(4) A redevelopment authority established under IC 36-7-14.5.(b) Notwithstanding any other law, a lessor under this section and section 24 of this chapter is a qualified entity for purposes of IC 5-1.4.(c) Notwithstanding any other law, a military base development facility leased by the development authority under this chapter from a lessor borrowing bond proceeds from a unit under IC 36-7-12 is an economic development facility for purposes of IC 36-7-11.9-3 and IC 36-7-12.(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments by a development authority to a lessor described in subsection (c) may be made from sources set forth in section 24 of this chapter if the payments and the lease are structured to prevent the lease obligation from constituting a debt of a unit or the district for purposes of the Constitution of the State of Indiana.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-26. Pledge of Revenues and Covenant

Sec. 26. (a) Notwithstanding any other law, the legislative body of a unit may pledge revenues received or to be received by the unit from:(1) the unit's additional revenue from the local income tax that is designated for certified shares or economic development under IC 6-3.6-6;(2) any other source legally available to the unit for the purposes of this chapter; or(3) any combination of revenues under subdivisions (1) through (2);in any amount to pay amounts payable under section 23 or 24 of this chapter.(b) The legislative body may covenant to adopt an ordinance to increase revenues at the time it is necessary to raise funds to pay any amounts payable under section 23 or 24 of this chapter.(c) The development authority may pledge revenues received or to be received from any source legally available to the development authority for the purposes of this chapter in any amount to pay amounts payable under section 23 or 24 of this chapter.(d) The pledge or covenant under this section may be for:(1) the term of the bonds issued under section 23 of this chapter;(2) the term of a lease entered into under section 24 of this chapter; or(3) a shorter period as determined by the legislative body.Money pledged by the legislative body under this section shall be considered revenues or other money available to the development authority under sections 23 through 24 of this chapter.(e) The general assembly covenants not to impair this pledge or covenant as long as any bonds issued under section 23 of this chapter are outstanding or as long as any lease entered into under section 24 of this chapter is still in effect. The pledge or covenant shall be enforced as provided in IC 5-1-14-4.As added by P.L.203-2005, SEC.11. Amended by P.L.197-2016, SEC.133.
IN Code § 36-7-30.5-27 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-27. Proceeds of Bonds; Capital and General Funds

Sec. 27. (a) All proceeds from the sale of bonds under section 23 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the property acquisition, redevelopment, reuse, and economic development of the military base development area. The fund shall be known as the military base development district capital fund.(b) All gifts or donations that are given or paid to the development authority or to a unit for military base development purposes shall be promptly deposited to the credit of the military base development district general fund unless otherwise directed by the grantor. The development authority may use these gifts and donations for the purposes of this chapter.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-28 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-28. Payment From Funds

Sec. 28. (a) All payments from any of the funds established by this chapter shall be made by warrants drawn by the secretary-treasurer or the secretary-treasurer's agent under section 12 of this chapter on vouchers of the development authority signed by the president or vice president and the secretary-treasurer or executive director. An appropriation is not necessary, but all money raised under this chapter is considered appropriated to the respective purposes stated and is under the control of the development authority. The development authority has complete and exclusive authority to expend the money for the purposes provided.(b) Each fund established by this chapter is a continuing fund.As added by P.L.203-2005, SEC.11.
IN Code § 36-7-30.5-31 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-31. Resolution to Modify Definition of Property Taxes

Sec. 31. (a) As used in this section, "depreciable personal property" refers to:(1) all or any part of the designated taxpayer's depreciable personal property that is located in the allocation area; and(2) all or any part of the other depreciable property located and taxable on the designated taxpayer's site of operations within the allocation area;that is designated as depreciable personal property for purposes of this section by the development authority in a declaratory resolution adopted or amended under section 16 or 18 of this chapter.(b) As used in this section, "designated taxpayer" means a taxpayer designated by the development authority in a declaratory resolution adopted or amended under section 16 or 18 of this chapter, and with respect to which the development authority finds that taxes to be derived from the depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of the personal property, are needed to pay debt service or provide security for bonds issued or to be issued under section 23 of this chapter or make payments or provide security on leases payable or to be payable under section 24 of this chapter in order to provide local public improvements or structures for a particular allocation area.(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 30(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property located and taxable on the site of operations of the designated taxpayers in accordance with the procedures and limitations set forth in this section and section 30 of this chapter. If a modification is included in the resolution, for purposes of section 30 of this chapter, the term "base assessed value" with respect to the depreciable personal property means, subject to section 30(i) of this chapter, the net assessed value of all the depreciable personal property as finally determined for the assessment date immediately preceding the adoption date of the modification, as adjusted under section 30(b) of this chapter.As added by P.L.203-2005, SEC.11. Amended by P.L.214-2019, SEC.52; P.L.257-2019, SEC.142.
IN Code § 36-7-30.5-31.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30.5. Development of Multicounty Federal Military Bases|36-7-30.5-31.5. Authorization to Enter Into an Agreement With a Taxpayer for Waiver of Review of an Assessment of Property Taxes in an Allocation Area During the Term of Bonds or Lease Obligations Payable From Allocated Property Taxes

Sec. 31.5. The development authority may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.As added by P.L.249-2015, SEC.30.