2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-56. Residential Housing Development Program; Allocation Area

Sec. 56. (a) This section applies only to a residential housing development program authorized by section 53 of this chapter.
(b) Notwithstanding section 39(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of the purposes of a residential housing development program adopted under section 53 of this chapter, "base assessed value" means the net assessed value of all of the property, other than personal property, as finally determined for the assessment date immediately preceding the effective date of the allocation provision, as adjusted under section 39(h) of this chapter.
(c) The allocation fund established under section 39(b) of this chapter for the allocation area for a residential housing development program adopted under section 53 of this chapter may be used only for purposes related to the accomplishment of the purposes of the program, including, but not limited to, the following:
(1) The construction of any infrastructure (including streets, roads, and sidewalks) or local public improvements in, serving, or benefiting a residential housing development project.
(2) The acquisition of real property and interests in real property for rehabilitation purposes within the allocation area.
(3) The preparation of real property in anticipation of development of the real property within the allocation area.
(4) To do any of the following:
(A) Pay the principal of and interest on bonds or any other obligations payable from allocated tax proceeds in the allocation area that are incurred by the redevelopment district for the purpose of financing or refinancing the residential housing development program established under section 53 of this chapter for the allocation area.
(B) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in the allocation area.
(C) Pay the principal of and interest on bonds payable from allocated tax proceeds in the allocation area and from the special tax levied under section 27 of this chapter.
(D) Pay the principal of and interest on bonds issued by the unit to pay for local public improvements that are physically located in or physically connected to the allocation area.
(E) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in the allocation area.
(F) Make payments on leases payable from allocated tax proceeds in the allocation area under section 25.2 of this chapter.
(G) Reimburse the unit for expenditures made by the unit for local public improvements (which include buildings, parking facilities, and other items described in section 25.1(a) of this chapter) that are physically located in or physically connected to the allocation area.
(d) Notwithstanding section 39(b) of this chapter, the commission shall, relative to the allocation fund established under section 39(b) of this chapter for an allocation area for a residential housing development program adopted under section 53 of this chapter, do the following before June 15 of each year:
(1) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to:
(A) make the distribution required under section 39(b)(2) and 39(b)(3) of this chapter;
(B) make, when due, principal and interest payments on bonds described in section 39(b)(4) of this chapter;
(C) pay the amount necessary for other purposes described in section 39(b)(4) of this chapter; and
(D) reimburse the county or municipality for anticipated expenditures described in subsection (c)(2).
(2) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the department of redevelopment, the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that are wholly or partly located within the allocation area, and (in an electronic format) the department of local government finance. The notice must:
(A) state the amount, if any, of excess property taxes that the commission has determined may be paid to the respective taxing units in the manner prescribed in section 39(b)(1) of this chapter; or
(B) state that the commission has determined that there is no excess assessed value that may be allocated to the respective taxing units in the manner prescribed in subdivision (1).
The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission.
(e) If the amount of excess assessed value determined by the commission is expected to generate more than two hundred percent (200%) of the amount of allocated tax proceeds:
(1) necessary to make, when due, principal and interest payments on bonds described in section 39(b)(4) of this chapter; plus
(2) the amount necessary for other purposes described in section 39(b)(4) of this chapter;
the commission shall submit to the county or municipal legislative body its determination of the excess assessed value that the commission proposes to allocate to the respective taxing units in the manner prescribed in subsection (d)(2). The county or municipal legislative body may approve the commission's determination or modify the amount of the excess assessed value that will be allocated to the respective taxing units in the manner prescribed in subsection (d)(2).
(f) An allocation area must terminate on the date the residential housing development program is terminated as set forth in section 53(e) of this chapter.
As added by P.L.235-2019, SEC.5. Amended by P.L.236-2023, SEC.183.