reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-53. Lease of Infrastructures

Sec. 53. (a) An authority may enter into a lease of any infrastructure that could be financed with the proceeds of bonds issued under this chapter with a lessor for a term not to exceed fifty (50) years, and the lease may provide for payments to be made by the authority from any revenues of the authority.
(b) A lease may provide that payments by the authority to the lessor are required only to the extent and only for the period that the lessor is able to provide the leased infrastructure in accordance with the lease. The terms of each lease must be based upon the value of the infrastructure leased and may not create a debt of the authority or a member for purposes of the Constitution of the State of Indiana.
(c) A lease may be entered into by the authority only after a public hearing by the board at which all interested parties are provided the opportunity to be heard. After the public hearing, the board may adopt a resolution authorizing the execution of the lease on behalf of the authority if the board finds that the service to be provided throughout the term of the lease will serve the public purpose of the authority and is in the best interests of its residents.
(d) The authority may:
(1) pledge revenues to make payments under the lease; and
(2) establish a special fund to make the payments.
(e) Lease rentals may be limited to money in the special fund so that the obligations of the authority to make the lease rental payments are not considered debt of the authority or a member for purposes of the Constitution of the State of Indiana.
(f) Except as provided in this section, no approvals of any governmental body or agency are required before the authority enters into a lease under this section.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-54. Corporations Permitted to Lease Infrastructures to Authorities

Sec. 54. A nonprofit or for profit corporation organized under Indiana law or admitted to do business in Indiana may lease facilities referred to in section 53 of this chapter to an authority under this chapter.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.179-1991, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-55. Securities Exempt From Registration Laws

Sec. 55. Any security issued in connection with a financing under this chapter is exempt from the registration requirements of IC 23-19 or any other securities registration law.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.27-2007, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-58. Financing Methods

Sec. 58. The infrastructure, or any part of the infrastructure, to be financed under this chapter, may be financed by any one (1) or more or any combination of one (1) or more of the methods provided for in this chapter. The authority may pledge any money or mortgage or pledge property available to it under this chapter as set forth in IC 5-1-14-4 and any member may pledge any money or mortgage or pledge property available to it to the authority as set forth in the agreement creating the authority. Any such pledge or mortgage by a member to the authority shall be governed by and binding under IC 5-1-14-4.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-59. Full Authority to Issue Bonds Without State Approval; Construction With Other Statutes Conferring Powers

Sec. 59. This chapter constitutes full authority for the issuance of bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things, by a board, officer, commission, department, agency, or instrumentality of the state is required to issue bonds or to do any act or perform anything under this chapter except as prescribed by this chapter. The powers conferred by this chapter are in addition to, and not a subsitute for, and the limitations imposed by this chapter do not affect, the powers conferred by any other statute.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 24. Multiple County Juvenile Facility Authorities › 36-7-24-3. "Facility"

Sec. 3. As used in this chapter, "facility" refers to the following:
(1) A secure facility for juveniles (as defined in IC 31-9-2-115).
(2) A shelter care facility for juveniles (as defined in IC 31-9-2-117).
As added by P.L.223-1991, SEC.1. Amended by P.L.1-1997, SEC.155; P.L.1-2009, SEC.167.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 24. Multiple County Juvenile Facility Authorities › 36-7-24-4. Multiple County Juvenile Facility Authority; Establishment

Sec. 4. (a) A multiple county juvenile facility authority may be established under this chapter by:
(1) ordinance of the fiscal body of each county participating in the authority; and
(2) ordinance of the executive of each county participating in the authority.
(b) An agreement to establish an authority must include the following:
(1) More than one (1) county as a participant.
(2) A formula to determine the amount of money to be contributed to the authority by each county participating in the authority.
(3) Provisions concerning the construction of a facility or the operation and maintenance of a facility, or both, by the authority.
As added by P.L.223-1991, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 24. Multiple County Juvenile Facility Authorities › 36-7-24-6. Board of Directors; Membership; Chair; Executive Director

Sec. 6. (a) The powers of an authority are vested in a board of directors of the authority. The board consists of the following members:
(1) The county executive of each county participating in the authority, or the county executive's designee.
(2) A juvenile court judge of each county participating in the authority. However, if a county participating in the authority does not have a juvenile court judge, the circuit court judge of the county is a member of the board.
(3) A member of the county fiscal body of each county participating in the authority, or the member's designee.
(b) The members of the board shall select a member to be the chair of the board.
(c) An authority may select an executive director by a majority vote of the members of the board.
As added by P.L.223-1991, SEC.1. Amended by P.L.127-2017, SEC.222.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 24. Multiple County Juvenile Facility Authorities › 36-7-24-7. Quorum; Majority Vote

Sec. 7. A majority of the members of a board constitutes a quorum for the transaction of business. The affirmative vote of a majority of the board is necessary for an action to be taken by the board.
As added by P.L.223-1991, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 24. Multiple County Juvenile Facility Authorities › 36-7-24-8. Eminent Domain

Sec. 8. With the approval of the executive of the county affected, an authority may exercise the power of eminent domain under IC 32-24-1.
As added by P.L.223-1991, SEC.1. Amended by P.L.2-2002, SEC.117.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 24. Multiple County Juvenile Facility Authorities › 36-7-24-9. Powers of Authority

Sec. 9. Subject to the terms of the original agreement under section 4 of this chapter, an authority may do the following:
(1) Adopt, amend, and repeal bylaws for the conduct of the authority's business.
(2) Accept gifts and grants.
(3) Enter into contracts.
(4) Sue and be sued.
(5) Acquire, own, sell, convey, lease, or transfer property.
(6) Cooperate with a public or private organization to carry out the purposes of the authority.
As added by P.L.223-1991, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 24. Multiple County Juvenile Facility Authorities › 36-7-24-11. Leases of Facilities; Establishment of Authority

Sec. 11. A county that is a lessor of a facility or a part of a facility may establish an authority under section 4 of this chapter with a county that is a lessee of a facility or a part of a facility.
As added by P.L.223-1991, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 25. Additional Powers of Redevelopment Commissions › 36-7-25-1. Application

Sec. 1. This chapter applies to all units having a department of redevelopment under IC 36-7-14-3 or a department of metropolitan development as the redevelopment commission of a consolidated city or excluded city under IC 36-7-15.1.
As added by P.L.35-1990, SEC.62. Amended by P.L.102-1999, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 25. Additional Powers of Redevelopment Commissions › 36-7-25-3. Financing of Projects, Improvements, and Purposes

Sec. 3. (a) Projects, improvements, or purposes that may be financed by a commission in redevelopment project areas or economic development areas may be financed if the projects, improvements, or purposes are not located in those areas or the redevelopment district as long as the projects, improvements, or purposes directly serve or benefit those areas.
(b) This subsection applies only to counties having a consolidated city. A metropolitan development commission acting as the redevelopment commission of the consolidated city may finance projects, improvements, or purposes that are located in the county and in a reuse area established under IC 36-7-30, even though the reuse area is not located in the redevelopment district. However, at the time this financing is initiated, the redevelopment commission must make a finding that the project, improvement, or purpose will serve or benefit the redevelopment district.
As added by P.L.35-1990, SEC.62. Amended by P.L.26-1995, SEC.13; P.L.185-2005, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 25. Additional Powers of Redevelopment Commissions › 36-7-25-4. Joint Undertaking of Redevelopment or Economic Development Projects in Contiguous Areas

Sec. 4. Notwithstanding any other law, if two (2) or more units want to jointly undertake redevelopment or economic development projects in contiguous areas in the units' respective jurisdictions that benefit or serve the units' jurisdictions, the legislative body of a unit may:
(1) assign an area within the unit's jurisdiction to the commission of another unit to allow the creation of an allocation area for the purpose of the allocation of property tax proceeds even though part of the allocation area will be outside the jurisdiction of the commission to which the new area is assigned; or
(2) may pledge property tax proceeds that would be allocated to the unit's allocation fund to the commission of another unit for the projects.
The commission to which an area is assigned or allocated proceeds are pledged may then take all actions in the area or with respect to the pledged proceeds that could be taken by a commission in an allocation area or with respect to the commission's own revenues until the later of the time when an ordinance rescinding this assignment or pledge is adopted by the legislative body of the assigning or pledging unit or the date on which outstanding bonds or lease rentals payable from allocated property tax proceeds are finally retired. The assigning unit shall continue to tax the taxpayers in the assigned portion of the allocation area at the assigning unit's tax rates.
As added by P.L.35-1990, SEC.62.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 25. Additional Powers of Redevelopment Commissions › 36-7-25-5. Project Agreements; Procedures

Sec. 5. A commission may enter into a project agreement with a developer that has been selected as the successful bidder after following the procedures set forth in IC 36-7-14-22, IC 36-7-15.1-15, or IC 36-7-15.1-44 regarding dispositions of property or interests. Any project agreement must be approved by resolution of the commission. The project agreement may contain terms and provisions for development of projects in a redevelopment or economic development area that are negotiated with the developer in the discretion of the commission, including the type and character of consideration for the disposition, conditions and covenants as to future actions of the commission and the developer, and the obligation of the commission to exercise any of the commission's powers under IC 36-7-14, IC 36-7-15.1, this chapter, or any other applicable law.
As added by P.L.35-1990, SEC.62. Amended by P.L.102-1999, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 25. Additional Powers of Redevelopment Commissions › 36-7-25-6. Limitation on Taxpayer's Right to Challenge Taxes or Assessments; Agreement; Lien; Priority

Sec. 6. (a) Subject to section 6.5 of this chapter, a commission may enter into an agreement with a taxpayer in an allocation area that limits the taxpayer's rights to challenge the taxpayer's assessment or property taxes or that guarantees, enhances, or otherwise further secures bonds or lease obligations of the commission. The obligation to make payments under a taxpayer agreement that guarantee, enhance, or otherwise further secure bonds or lease obligations of the commission under this section shall be treated in the same manner as property taxes for purposes of IC 6-1.1-22-13, if, and to the extent that, the taxpayer agreement provides for a property tax lien.
(b) A lien resulting from a taxpayer agreement described in subsection (a) takes priority over any existing or subsequent:
(1) mortgage;
(2) other lien; or
(3) other encumbrance;
on the property and must have parity with a property tax lien described in IC 6-1.1-22-13.
(c) A lien resulting from a taxpayer agreement described in subsection (a) will have the priority of real property taxes described in IC 6-1.1-22-13 and may be enforced and collected in all respects as real property taxes.
As added by P.L.35-1990, SEC.62. Amended by P.L.147-1992, SEC.2; P.L.200-2016, SEC.3; P.L.46-2022, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 25. Additional Powers of Redevelopment Commissions › 36-7-25-6.5. Certain Tax Exempt Property; Limitation on Charges

Sec. 6.5. (a) As used in this section, "qualified property" has the meaning set forth in IC 36-1-8-18.
(b) Notwithstanding section 6 of this chapter or any other law, and except as provided in subsections (c) and (d), an agreement entered into by a commission after June 30, 2016, may not include any of the following:
(1) A provision requiring a person to:
(A) make any payments in lieu of taxes; or
(B) except as provided in subsection (c), pay any other charge or user fee;
for or on qualified property.
(2) A provision requiring a person to limit the person's rights to challenge any of the following:
(A) The imposition of a payment in lieu of taxes or the payment of any other charge or user fee on qualified property.
(B) The assessment of property taxes imposed on qualified property.
(c) This section does not prohibit the imposing of utility fees or charges, sewer fees or charges, ditch or drainage assessments, storm water fees or charges, or waste collection or disposal fees or charges on qualified property.
(d) Upon the request of the owner of qualified property, a commission may enter into an agreement described in subsection (b) concerning the qualified property.
As added by P.L.200-2016, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 25. Additional Powers of Redevelopment Commissions › 36-7-25-7. Contracts With Eligible Entities for Educational and Training Programs

Sec. 7. (a) As used in this section, "eligible entity" means a person whose principal functions include the provision of:
(l) educational programs;
(2) work training programs;
(3) worker retraining programs;
(4) marketing and advertising of land located in an allocation area; or
(5) any other programs;
designed to prepare individuals to participate in the competitive and global economy.
(b) After making the findings set forth in subsection (c), a commission, or two (2) or more commissions acting jointly, may contract with an eligible entity to provide:
(1) educational programs;
(2) work training programs;
(3) worker retraining programs;
(4) marketing and advertising of land located in an allocation area; or
(5) any other programs;
designed to prepare individuals to participate in the competitive and global economy.
(c) Before a commission may contract for a program described in subsection (b), the commission must find that the program will promote the redevelopment and economic development of the unit, is of utility and benefit, and is in the best interests of the unit's residents.
(d) Except as provided in subsection (e), a commission may use any revenues legally available to the commission to fund a program described in subsection (b).
(e) A commission may not spend:
(1) bond proceeds; or
(2) more than fifteen percent (15%) of the allocated tax proceeds it receives on an annual basis;
to fund a program described in subsection (b). However, of the amount available under subdivision (2), not more than seven and one-half percent (7.5%) of that amount may be used for a use described in subsection (b)(4).
As added by P.L.182-2009(ss), SEC.513. Amended by P.L.46-2022, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 25. Additional Powers of Redevelopment Commissions › 36-7-25-8. Redevelopment Commission; Duty to Annually Present Information to Taxing Units

Sec. 8. (a) Each redevelopment commission shall annually present information for the governing bodies of all taxing units that have territory within an allocation area of the redevelopment commission. The presentation shall be made at a meeting of the redevelopment commission and must include the following:
(1) The commission's budget with respect to allocated property tax proceeds.
(2) The long term plans for the allocation area.
(3) The impact on each of the taxing units.
(b) The governing body of a taxing unit that has territory within an allocation area of the redevelopment commission may request that a member of the redevelopment commission appear before the governing body at a public meeting of the governing body.
As added by P.L.212-2018(ss), SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-1. Application of Chapter

Sec. 1. This chapter applies to the following:
(1) A city having a population of more than seventy-five thousand (75,000) and less than seventy-nine thousand (79,000).
(2) A city having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000).
(3) A city having a population of more than one hundred fifty thousand (150,000) and less than six hundred thousand (600,000).
(4) A city having a population of more than one hundred ten thousand (110,000) and less than one hundred fifty thousand (150,000).
As added by P.L.35-1990, SEC.63. Amended by P.L.12-1992, SEC.172; P.L.185-2001, SEC.6 and P.L.291-2001, SEC.200; P.L.170-2002, SEC.160; P.L.177-2002, SEC.14 and P.L.178-2002, SEC.120; P.L.119-2012, SEC.208; P.L.104-2022, SEC.189.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-2. Legislative Findings and Declarations; Construction

Sec. 2. (a) Present economic conditions in certain areas of certain cities are stagnant or deteriorating.
(b) Present economic conditions in such areas are beyond remedy and control by existing regulatory processes because of the substantial public financial commitments necessary to encourage significant increases in economic activities in such areas.
(c) Encouraging economic development in these areas will:
(1) attract new businesses and encourage existing business to remain or expand;
(2) increase temporary and permanent employment opportunities and private sector investment;
(3) protect and increase state and local tax bases; and
(4) encourage overall economic growth in Indiana.
(d) Redevelopment and stimulation of economic development benefit the health and welfare of the people of Indiana, are public uses and purposes for which the public money may be spent, and are of public utility and benefit.
(e) Economic development in such areas can be accomplished only by a coordinated effort of local and state governments.
(f) This chapter shall be liberally construed to carry out the purposes of this chapter and to provide cities with maximum flexibility to accomplish those purposes.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-3. "Adjustment Factor" Defined

Sec. 3. As used in this chapter, "adjustment factor" means the amount, stated as a percentage, that the board determines under section 22 of this chapter should be applied in determining the district's net increment. However, the adjustment factor may not exceed eighty percent (80%).
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-4. "Base Period Amount" Defined

Sec. 4. As used in this chapter, "base period amount" means the aggregate amount of state gross retail and use taxes remitted under IC 6-2.5 by the businesses operating in the district during the full state fiscal year that precedes the date on which the commission confirmed the resolution designating the district.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-10. "Gross Increment" Defined

Sec. 10. As used in this chapter, "gross increment" means the aggregate amount of state gross retail and use taxes that are remitted under IC 6-2.5 by businesses operating in the district, as determined by the department under section 23 of this chapter, minus the base period amount.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-11. "Local Public Improvement" Defined

Sec. 11. As used in this chapter, "local public improvement" means any redevelopment project or purpose of a commission or any city under this chapter or IC 36-7-14.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-12. "Net Increment" Defined

Sec. 12. As used in this chapter, "net increment" means, for a particular state fiscal year, the product of:
(1) the gross increment for the state fiscal year ending in the year of the determination; multiplied by
(2) the adjustment factor.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-13. Power and Duties of Commission, Department, and Board

Sec. 13. In addition to the powers and duties set forth in any other statute, a commission, the department, and the board have the powers and duties set forth in this chapter.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-14. Compilation of Data; Requirements for Proposed Districts

Sec. 14. (a) Whenever a commission determines that the redevelopment and economic development of an area situated within the commission's jurisdiction may require the establishment of a district, the commission shall cause to be assembled data sufficient to make the determinations required under section 15 of this chapter, including the following:
(1) Maps and plats showing the boundaries of the proposed district.
(2) A complete list of street names and the range of street numbers of each street situated in the proposed district.
(3) A plan for the redevelopment and economic development of the proposed district. The plan must describe the local public improvements necessary or appropriate for the redevelopment or economic development.
(b) For a city described in section 1(2) or 1(3) of this chapter, the proposed district must contain a commercial retail facility with at least five hundred thousand (500,000) square feet, and any distributions from the fund must be used in the area described in subsection (a) or in areas that directly benefit the area described in subsection (a).
(c) For a city described in section 1(4) of this chapter, the proposed district may not contain any territory outside the boundaries of a redevelopment project area established within the central business district of the city before 1985.
As added by P.L.35-1990, SEC.63. Amended by P.L.185-2001, SEC.7 and P.L.291-2001, SEC.201; P.L.185-2005, SEC.51.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-15. Resolution Declaring Area as District; Adoption

Sec. 15. After compilation of the data required by section 14 of this chapter, the commission may adopt a resolution declaring the area described under section 14 of this chapter as a district. The commission may adopt the resolution only after finding that the completion of the redevelopment and economic development of the district will do all of the following:
(1) Attract new business enterprises to the district or retain or expand existing business enterprises in the district.
(2) Benefit the public health and welfare and be of public utility and benefit.
(3) Protect and increase state and local tax bases or revenues.
(4) Result in a substantial increase in temporary and permanent employment opportunities and private sector investment within the district.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-16. Submission of Resolution for Approval; Requirements; Publication of Notice of Adoption; Content

Sec. 16. (a) Upon adoption of a resolution designating a district under section 15 of this chapter, the commission shall submit the resolution to the board for approval. In submitting the resolution to the board, the commission shall deliver to the board:
(1) the data required under section 14 of this chapter;
(2) the information concerning the proposed redevelopment and economic development of the proposed district; and
(3) the proposed utilization of the revenues to be received under section 23 of this chapter.
This information may be modified from time to time after the initial submission. The commission shall provide to the board any additional information that the board may request from time to time.
(b) Upon adoption of a resolution designating a district under section 15 of this chapter, and upon approval of the resolution by the board under subsection (a), the commission shall publish (in accordance with IC 5-3-1) notice of the adoption and purport of the resolution and of the hearing to be held. The notice must provide a general description of the boundaries of the district and state that information concerning the district can be inspected at the commission's office. The notice must also contain a date when the commission will hold a hearing to receive and hear remonstrances and other testimony from persons interested in or affected by the establishment of the district. All affected persons, including all persons or entities owning property or doing business in the district, shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and resolutions of the commission by the notice given under this section.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-17. Hearing

Sec. 17. At the hearing, which may be adjourned from time to time, the commission shall hear all persons interested in the proceedings and shall consider all written remonstrances that have been filed with the commission.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-18. Final Action on Resolution

Sec. 18. After considering the evidence presented at the hearing, the commission shall take final action confirming, modifying and confirming, or rescinding the resolution. The action taken by the commission is final, except that an appeal may be taken under section 19 of this chapter.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-19. Appeal; Dismissal; Bond; Burden of Proof

Sec. 19. (a) A person who filed a written remonstrance with the commission under section 17 of this chapter and is aggrieved by the final action taken, may within ten (10) days after that final action, file an appeal in the office of the clerk of the circuit or superior court with a copy of the resolution of the commission and the person's remonstrance against that resolution.
(b) If an appeal is filed, the commission may petition that the appeal be dismissed unless the remonstrator posts a bond with a surety approved by the court payable to the commission for the payment of all damages and costs that may accrue by reason of the filing of the lawsuit if the commission prevails. A hearing on a petition to dismiss an appeal shall be conducted in the same manner as a hearing on a temporary injunction under IC 34-26. If at the hearing the court determines that the remonstrator cannot establish facts that would entitle the remonstrator to a temporary injunction, the court shall set the amount of the bond to be filed by the remonstrator in an amount found by the judge to cover all damages and costs that may accrue to the commission because of the appeal if the commission prevails. If no bond is filed by the remonstrator with sureties approved by the court within ten (10) days after the court's order is entered, the suit shall be dismissed, and no court has further jurisdiction of the appeal or any other lawsuit involving any issue that was or could have been raised in the appeal.
(c) The burden of proof in the appeal is on the remonstrator.
(d) 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 within thirty (30) days after the time of the filing of the appeal. Notwithstanding any other law, the court shall decide the appeal based on the record and evidence before the commission, not by trial de novo, and may sustain the remonstrance only if the court finds that the actions of the commission in adopting the resolution were arbitrary and capricious.
(e) The court may confirm the final action of the commission or sustain the remonstrances. The final judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions. An appeal to the court of appeals or supreme court has priority over all other civil appeals.
(f) Either the remonstrator or the commission may appeal the court order to the Indiana supreme court within the ten (10) day period by notice of appeal on a statement of errors in the same manner as is provided in a petition for mandate or prohibition. The supreme court may stay the lower court order pending its own decision, may set a bond to be filed by the remonstrator, may modify the order of the lower court, or may enter the court's order as the final order in a case.
As added by P.L.35-1990, SEC.63. Amended by P.L.1-1998, SEC.211.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-20. Approval of District by Ordinance

Sec. 20. The determination of the commission to create a district under this chapter, after approval by the board, must be approved by ordinance of the legislative body of the city.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-21. Delivery of Copy of Resolution to Department; List of Street Names and Numbers

Sec. 21. After the approval of the creation of the district under section 20 of this chapter, the commission shall transmit to the board for delivery to the department the following:
(1) A certified copy of the resolution designating the district, as confirmed by the commission.
(2) A complete list of street names and the range of street numbers of each street situated within the district.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-22. Base Period Amount; Adjustment Factor; Determination; Operation of Business Outside District; Certification of Taxes Remitted

Sec. 22. (a) Within sixty (60) days after receipt from the commission of the information transmitted under section 21 of this chapter the board shall do the following:
(1) Request that the department determine the base period amount. The department shall certify the base period amount to the board and the board shall transmit the certification to the commission.
(2) Determine the adjustment factor. The adjustment factor must account for the portion of the incremental state gross retail and use tax revenues attributable to investment in the district and resulting from the redevelopment and economic development project. The adjustment factor may not be decreased after the factor is determined by the board.
(b) If a business that operates or did operate in the district also has or had one (1) or more other places of business operating in Indiana but outside the district, the business shall, in the manner and for the periods of time requested by the department, certify to the department the amount of taxes remitted by the business under IC 6-2.5 for the business's places of operation that are or were in the district.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-24. Bonds; Issuance; Lease Rental Payments; Remitted Funds; Distributions

Sec. 24. (a) The commission may issue bonds, payable in whole or in part, from money distributed from the fund to the commission, to finance a local public improvement under IC 36-7-14-25.1 or may make lease rental payments for a local public improvement under IC 36-7-14-25.2 and IC 36-7-14-25.3. The term of any bonds issued under this section may not exceed twenty (20) years, nor may the term of any lease agreement entered into under this section exceed twenty (20) years. The commission shall transmit to the board a transcript of the proceedings with respect to the issuance of the bonds or the execution and delivery of a lease agreement as contemplated by this section. The transcript must include a debt service or lease rental schedule setting forth all payments required in connection with the bonds or the lease rentals.
(b) On January 15 of each year, the commission shall remit to the treasurer of state the money disbursed from the fund that is credited to the net increment account that exceeds the amount needed to pay debt service or lease rentals and to establish and maintain a debt service reserve under this chapter in the prior year and before May 31 of that year. Amounts remitted under this subsection shall be deposited by the auditor of state as other gross retail and use taxes are deposited.
(c) The commission in a city described in section 1(2) of this chapter may distribute money from the fund only for the following:
(1) Road, interchange, and right-of-way improvements.
(2) Acquisition costs of a commercial retail facility and for real property acquisition costs in furtherance of the road, interchange, and right-of-way improvements.
(3) Demolition of commercial property and any related expenses incurred before or after the demolition of the commercial property.
(4) For physical improvements or alterations of property that enhance the commercial viability of the district.
(d) The commission in a city described in section 1(3) of this chapter may distribute money from the fund only for the following purposes:
(1) For road, interchange, and right-of-way improvements and for real property acquisition costs in furtherance of the road, interchange, and right-of-way improvements.
(2) For the demolition of commercial property and any related expenses incurred before or after the demolition of the commercial property.
(e) The commission in a city described in section 1(4) of this chapter may distribute money from the fund only for the following purposes:
(1) For:
(A) the acquisition, demolition, and renovation of property; and
(B) site preparation and financing;
related to the development of housing in the district.
(2) For physical improvements or alterations of property that enhance the commercial viability of the district.
As added by P.L.35-1990, SEC.63. Amended by P.L.185-2001, SEC.9; P.L.291-2001, SEC.203; P.L.1-2002, SEC.161; P.L.177-2002, SEC.16 and P.L.178-2002, SEC.122.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-25. Maximization of Use of Tax Increment Financing by City; Property Tax Abatements

Sec. 25. The board may not approve a resolution under section 16 of this chapter until the board has satisfied itself that the city in which the proposed district will be established has maximized the use of tax increment financing under IC 36-7-14 or IC 36-7-14.5 to finance public improvements within or serving the proposed district. The city may not grant property tax abatements to the taxpayers within the proposed district or a district, except that the board may approve a resolution under section 16 of this chapter in the proposed district or a district in which real property tax abatement not to exceed three (3) years has been granted.
As added by P.L.35-1990, SEC.63. Amended by P.L.146-2008, SEC.769.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-26. Credit Account; Use of Funds

Sec. 26. To the extent prescribed by the board, and subject to the terms and conditions established by the board, any money credited to the credit account may be used by the commission, and, if desired by the board, irrevocably pledged by the board, to further secure bonds or a lease agreement issued or entered into under this chapter. Further security includes, the following:
(1) Holding money in the credit account and pledging sums to payment of debt service on bonds issued under or lease rentals payable under this chapter, or maintenance of debt service reserves.
(2) Transferring money from the credit account to the net increment account or, if desired by the board, to the commission to enable the commission to finance local public improvements.
(3) Payment of bond insurance premiums or other credit enhancement fees and expenses.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 26. Economic Development Project Districts › 36-7-26-27. Repeal or Amendment of Chapter; Adverse Effect on Bond Owners

Sec. 27. The general assembly covenants that this chapter will not be repealed or amended in a manner that will adversely affect the owner of bonds issued under this chapter.
As added by P.L.35-1990, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-2. "Base Period Amount"

Sec. 2. As used in this chapter, "base period amount" means the aggregate amount of covered local income taxes paid by employees employed in a tax area with respect to wages earned for work in the tax area for the state fiscal year that precedes the date on which the commission confirmed the resolution designating the tax area. However, the base period amount with respect to a tax area covered by section 11(c) of this chapter is zero (0).
As added by P.L.27-1992, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-3. "Commission"

Sec. 3. As used in this chapter, "commission" refers to the metropolitan development commission acting as the redevelopment commission of a consolidated city, subject to IC 36-3-4-23.
As added by P.L.27-1992, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-4. "County Taxpayer"

Sec. 4. (a) As used in this chapter, "county taxpayer" means an individual who:
(1) resides in the county; or
(2) maintains the individual's principal place of business or employment in the county and who does not reside in another county in which the local income tax is in effect.
(b) For purposes of this section, an individual shall be treated as a resident of the county in which the individual:
(1) maintains a home, if the individual maintains only one (1) home in Indiana;
(2) if subdivision (1) does not apply, is registered to vote;
(3) if subdivision (1) or (2) does not apply, registers the individual's personal automobile; or
(4) if subdivision (1), (2), or (3) does not apply, spends the majority of the individual's time spent in Indiana during the taxable year in question.
As added by P.L.27-1992, SEC.28. Amended by P.L.42-1994, SEC.12; P.L.197-2016, SEC.129.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-5. "Covered Local Income Taxes"

Sec. 5. As used in this chapter, "covered local income taxes" means the local income tax imposed on county taxpayers under IC 6-3.6.
As added by P.L.27-1992, SEC.28. Amended by P.L.197-2016, SEC.130.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-8. "Incremental Income Tax"

Sec. 8. As used in this chapter, "incremental income tax" means the remainder of:
(1) the aggregate amount of covered local income taxes paid by employees employed in a tax area with respect to wages earned for work in the tax area for a particular state fiscal year; minus
(2) the base period amount.
As added by P.L.27-1992, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-9. "Qualified Economic Development Tax Project"

Sec. 9. As used in this chapter, "qualified economic development tax project" means a project that is expected to create, retain, or create and retain at least two thousand (2,000) jobs in the county.
As added by P.L.27-1992, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-10. "Tax Area"

Sec. 10. As used in this chapter, "tax area" means a geographic area established by a commission under section 11 of this chapter in which a qualified economic development tax project is located.
As added by P.L.27-1992, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-11. Tax Area; Establishment; Procedures; Area Containing Armed Forces Provider; Findings; Special Taxing District

Sec. 11. (a) A commission may establish a tax area according to the procedures set forth for the establishment of economic development areas under IC 36-7-15.1. Notwithstanding any other law, the tax area must be wholly within an airport development zone established under IC 8-22-3.5 or within any other area in the county in which there is located a provider of services, equipment, or both to the United States armed forces.
(b) In establishing the tax area, the commission must make the following findings in lieu of the findings required for the establishment of economic development areas:
(1) That a project to be undertaken or that has been undertaken in the area is a qualified economic development tax project.
(2) That the local public improvements (as defined in IC 36-7-15.3-6) being constructed, acquired, or provided or to be constructed, acquired, or provided in or serving the tax area will benefit the public health and welfare and will be of public utility and benefit.
(3) That the qualified economic development tax project being constructed, acquired, or provided or to be constructed, acquired, or provided in or serving the tax area will protect or increase state and local tax bases or revenues.
(c) In addition to the findings required under subsection (b), the commission may find that the qualified economic development project involves a provider of services, equipment, or both to the United States armed forces.
(d) The tax area established by the commission under this chapter is a special taxing district authorized by the general assembly to enable the county to provide special benefits to taxpayers in the tax area by promoting economic development that is of public use and benefit.
As added by P.L.27-1992, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-12. Allocation Provision; Adoption; Notice; Certification of Base Period Amount

Sec. 12. (a) A resolution adopted under section 11 of this chapter must include a provision with respect to the allocation and distribution of covered local income taxes for the purposes and in the manner provided in this section. The allocation provision must apply to the entire tax area.
(b) When an allocation provision is adopted under subsection (a), the commission shall notify the department by certified mail of the adoption of the provision and shall include with the notification a complete list of the following:
(1) Employers in the tax area.
(2) Street names and the range of street numbers of each street in the tax area.
The commission shall update the list before July 1 of each year.
(c) Not later than sixty (60) days after receipt from the commission of the notification under subsection (b), the department shall determine the base period amount and certify that amount to the commission.
As added by P.L.27-1992, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 27. Economic Development Tax Area › 36-7-27-14. Bonds; Issuance; Purposes

Sec. 14. The commission may issue bonds payable in whole or in part from money distributed from the fund to the commission to finance local public improvements under IC 36-7-15.1-17 or make lease rental payments in whole or in part from money distributed from the fund to the commission for a local public improvement under IC 36-7-15.1-17.1 and IC 36-7-15.1-17.2, including debt service payments on or lease rental payments for local public improvements under bonds issued or a lease entered into before January 1, 1992. Local public improvements to be financed by the commission may be in or serving the tax area.
As added by P.L.27-1992, SEC.28.