reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-50. Tax on Redevelopment District Property; Redevelopment District Bond Fund

Sec. 50. (a) This section applies only to:
(1) bonds that are issued under section 45 of this chapter; or
(2) leases entered into under section 46 of this chapter;
that are payable from a special tax levied upon all of the property in the redevelopment district. This section does not apply to bonds or leases that are payable solely from tax proceeds allocated under section 53(b)(3) of this chapter, other revenues of the commission, or any combination of these sources.
(b) The excluded city legislative body shall levy each year a tax on all of the property of the redevelopment district in such a manner as to meet and pay:
(1) the principal of the bonds as they mature, together with all accruing interest on the bonds; or
(2) lease rental payments under section 46 of this chapter.
The tax levied shall be certified to the fiscal officers of the excluded city and the county before October 2 in each year. The tax shall be estimated and entered on the tax duplicate by the county auditor and shall be collected and enforced by the county treasurer in the same manner as other state and county taxes are estimated, entered, collected, and enforced.
(c) As the tax is collected, it shall be accumulated in a separate fund to be known as the redevelopment district bond fund and shall be applied to the payment of the bonds as they mature and the interest on the bonds as it accrues, or to make lease payments, and to no other purpose. All accumulations of the fund before use for the payment of bonds and interest or to make lease payments shall be deposited with the depository or depositories for other public funds of the city in accordance with the statutes concerning the deposit of public funds, unless they are invested under IC 5-13.
(d) The tax levies provided for in this section are reviewable by other bodies vested by law with the authority to ascertain that the levies are sufficient to raise the amount that, with other amounts available, is sufficient to meet the payments under the lease payable from the levy of taxes.
As added by P.L.102-1999, SEC.17. Amended by P.L.203-2011, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-52. Real Property Owned by a Redevelopment District Is Exempt; Receipts Exempt From Taxation

Sec. 52. (a) Real property acquired by the redevelopment district is exempt from taxation while owned by the district.
(b) All receipts of the redevelopment district, including receipts from the sale of real property, personal property, and materials disposed of, are exempt from all taxes.
(c) As used in this subsection, "year one" means any calendar year and "year two" means the calendar year following year one. When real property is acquired by the redevelopment district during the period from assessment on the assessment date of year one to the last day of December of year one, the taxes due in year two shall be prorated between the seller and the city. When the proration is made, the auditor shall remove the city's prorated share from the tax duplicate by auditor's correction.
As added by P.L.102-1999, SEC.19. Amended by P.L.192-2002(ss), SEC.183; P.L.245-2015, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-55. Modification of Definition of "Property Taxes"; Depreciable Personal Property

Sec. 55. (a) As used in this section, "depreciable personal property" refers to all of the designated taxpayer's depreciable personal property that is located in the allocation area.
(b) As used in this section, "designated taxpayer" means a taxpayer designated by the commission in a declaratory resolution adopted or amended under section 40(a) or 40(b) of this chapter, and with respect to which the commission finds that:
(1) taxes to be derived from the taxpayer's depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of that personal property, are needed to pay debt service for bonds issued under section 45 of this chapter to make payments on leases payable under section 46 of this chapter in order to provide local public improvements for a particular allocation area;
(2) the taxpayer's property in the allocation area will consist primarily of industrial, manufacturing, warehousing, research and development, processing, distribution, or transportation related projects or regulated amusement devices (as defined in IC 22-12-1-19.1) and related improvements; and
(3) the taxpayer's property in the allocation area will not consist primarily of retail, commercial, or residential projects, other than an amusement park or tourism industry project.
(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 53(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property of designated taxpayers in accordance with the procedures and limitations set forth in this section and section 53 of this chapter. If such a modification is included in the resolution, for purposes of section 53 of this chapter, the term "base assessed value" with respect to the depreciable personal property of designated taxpayers means, subject to section 53(j) of this chapter, the net assessed value of the depreciable personal property as finally determined for the assessment date immediately preceding the adoption date of the modification as adjusted under section 53(h) of this chapter.
As added by P.L.102-1999, SEC.22. Amended by P.L.172-2011, SEC.155; P.L.214-2019, SEC.43; P.L.257-2019, SEC.130.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-56. Repealed

As added by P.L.102-1999, SEC.23. Amended by P.L.192-2002(ss), SEC.184; P.L.1-2004, SEC.67 and P.L.23-2004, SEC.69; P.L.219-2007, SEC.133. Repealed by P.L.146-2008, SEC.813.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-57. Designation of Economic Development Area

Sec. 57. (a) The commission may, by following the procedures set forth in sections 8, 9, and 10 of this chapter, approve a plan for and determine that a geographic area in the redevelopment district is an economic development area. Designation of an economic development area is subject to judicial review in the manner prescribed in section 11 of this chapter.
(b) The commission may determine that a geographic area is an economic development area if it finds that:
(1) the plan for the economic development area:
(A) promotes significant opportunities for the gainful employment of its citizens;
(B) attracts a major new business enterprise to the unit;
(C) retains or expands a significant business enterprise existing in the boundaries of the unit; or
(D) meets other purposes of this section and sections 28 and 58 of this chapter;
(2) the plan for the economic development area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under this section and sections 28 and 58 of this chapter because of:
(A) lack of local public improvement;
(B) existence of improvements or conditions that lower the value of the land below that of nearby land;
(C) multiple ownership of land; or
(D) other similar conditions;
(3) the public health and welfare will be benefited by accomplishment of the plan for the economic development area;
(4) the accomplishment of the plan for the economic development area will be of public utility and benefit as measured by:
(A) attraction or retention of permanent jobs;
(B) increase in the property tax base;
(C) improved diversity of the economic base; or
(D) other similar public benefits; and
(5) the plan for the economic development area conforms to the comprehensive plan of development for the county.
(c) The determination that a geographic area is an economic development area must be approved by the excluded city legislative body. The approval may be given either before or after judicial review is requested. The requirement that the excluded city legislative body approve economic development areas does not prevent the commission from amending the plan for the economic development area.
As added by P.L.102-1999, SEC.24. Amended by P.L.146-2008, SEC.766; P.L.172-2011, SEC.156.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-57.5. Expiration on June 30, 2027, of Certain Sections of This Chapter Added in Hea 1157-2023

Sec. 57.5. Section 3(2) through 3(5) of this chapter and sections 64, 65, 66, and 67 of this chapter, as added in HEA 1157-2023, expire June 30, 2027.
As added by P.L.236-2023, SEC.186.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-58. Commission Powers in Economic Development Area

Sec. 58. (a) All of the rights, powers, privileges, and immunities that may be exercised by a commission in a redevelopment project area may be exercised by a commission in an economic development area, subject to the following:
(1) The content and manner of exercise of these rights, powers, privileges, and immunities shall be determined by the purposes and nature of an economic development area.
(2) Real property (or interests in real property) relative to which action is taken under this section or section 28 or 57 of this chapter in an economic development area is not required to meet the conditions described in IC 36-7-1-3.
(3) Bonds may be issued in accordance with section 45 of this chapter to defray expenses of carrying out activities under this chapter in economic development areas if no other revenue sources are available for this purpose.
(4) The tax exemptions set forth in section 52 of this chapter are applicable in economic development areas.
(5) An economic development area may be an allocation area for the purposes of distribution and allocation of property taxes. However, a declaratory resolution or an amendment that establishes an allocation area must be approved by resolution of the legislative body of the excluded city.
(6) The excluded city legislative body may not use its power of eminent domain under section 39 of this chapter to carry out activities under this chapter in economic development areas.
(b) The content and manner of discharge of duties set forth in section 39(a) of this chapter shall be determined by the purposes and nature of an economic development area.
As added by P.L.102-1999, SEC.25. Amended by P.L.185-2005, SEC.47; P.L.146-2008, SEC.767.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-59. Program for Age-Restricted Housing

Sec. 59. (a) A commission may adopt a resolution to establish a program for age-restricted housing. The program:
(1) must be limited to age-restricted housing that satisfies the requirements of 42 U.S.C. 3607 (the federal Housing for Older Persons Act);
(2) may include any relevant elements the commission considers appropriate;
(3) may be adopted as part of a redevelopment plan or an amendment to a redevelopment plan; and
(4) may establish an allocation area for purposes of sections 26 and 60 of this chapter for the accomplishment of the program.
The program must be approved by the legislative body of the consolidated city as specified in section 9 of this chapter.
(b) The notice and hearing provisions of sections 10 and 10.5 of this chapter, including notice under section 10(c) of this chapter to a taxing unit that is wholly or partly located within an allocation area, apply to the resolution adopted under subsection (a). Judicial review of the resolution may be made under section 11 of this chapter.
(c) Before formal submission of any age-restricted housing program to the commission, the department of redevelopment:
(1) shall consult with persons interested in or affected by the proposed program; and
(2) shall hold public meetings in the areas to be affected by the proposed program to obtain the views of affected persons.
As added by P.L.7-2013, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-60. Powers of Commission in Implementing Age-Restricted Housing Program

Sec. 60. (a) Except as provided in subsection (b), all the rights, powers, privileges, and immunities that may be exercised by a commission in blighted, deteriorated, or deteriorating areas may be exercised by a commission in implementing its program for age-restricted housing, including the following:
(1) The special tax levied in accordance with section 19 of this chapter may be used to accomplish the purposes of the age-restricted housing program.
(2) Bonds may be issued under this chapter to accomplish the purposes of the age-restricted housing program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area established under section 59 of this chapter, except for refunding bonds or bonds issued in an amount necessary to complete an age-restricted housing program for which bonds were previously issued.
(3) Leases may be entered into under this chapter to accomplish the purposes of the age-restricted housing program.
(4) The tax exemptions set forth in section 25 of this chapter are applicable.
(5) Property taxes may be allocated under section 26 of this chapter.
(b) A commission may not exercise the power of eminent domain in implementing its age-restricted housing program.
As added by P.L.7-2013, SEC.6. Amended by P.L.2-2014, SEC.121.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-61. Findings for Age-Restricted Housing Program

Sec. 61. (a) A commission must make the following findings in the resolution adopting an age-restricted housing program under section 59 of this chapter:
(1) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because of:
(A) the lack of public improvements;
(B) the existence of improvements or conditions that lower the value of the land below that of nearby land; or
(C) other similar conditions.
(2) The public health and welfare will be benefited by accomplishment of the purposes of the program.
(3) The accomplishment of the purposes of the program will be of public utility and benefit as measured by:
(A) an increase in the property tax base;
(B) encouraging an age-diverse population in the unit; or
(C) other similar public benefits.
(4) The program will enable the unit to encourage older residents to locate or relocate to the unit.
(5) The program will not increase the school-age population.
(b) Any program for age-restricted housing established under this section and subject to the provisions of section 62 of this chapter may not require a developer, owner, or other interested party of any proposed or existing development to comply with any provisions of this section or the provisions of section 62 of this chapter unless the commission or its designated agent receives a notarized writing signed by the owner or owners of record of a development within the program area affirmatively indicating the owner's or owners' consent to comply. If the commission or its designated agent receives such a consent, the consenting party or the commission may terminate the application of this section to the proposed or existing development only if the commission and the consenting party agree to do so.
As added by P.L.7-2013, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-63. Allocation Area Limitation

Sec. 63. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:
(1) a resolution establishing an allocation provision under section 26 of this chapter that is adopted and approved under sections 8 through 10 of this chapter;
(2) a resolution adopted under IC 6-1.1-39-2 and confirmed under IC 6-1.1-39-3;
(3) a resolution adopted under IC 8-22-3.5-5 and confirmed under IC 8-22-3.5-6;
(4) a resolution establishing an allocation provision under IC 36-7-14-39 that is adopted and approved under IC 36-7-14-15, IC 36-7-14-16, and IC 36-7-14-17;
(5) a resolution establishing an allocation provision under IC 36-7-30-25 that is adopted and approved under IC 36-7-30-10, IC 36-7-30-11, and IC 36-7-30-12;
(6) a resolution establishing an allocation provision under IC 36-7-30.5-30 that is adopted and approved under IC 36-7-30.5-16, IC 36-7-30.5-17, and IC 36-7-30.5-18; or
(7) a resolution designating a certified technology park as an allocation area that is approved and adopted under IC 36-7-32-15;
on or before May 1, 2021. In addition, a new allocation area may not be established under this chapter that includes a parcel that is located in an allocation area described in this subsection.
(b) Except as provided in subsection (a), but notwithstanding any other provision, for the purpose of the allocation of property taxes under this chapter, a parcel may not be included in more than one (1) allocation area established under this chapter or under:
(1) IC 6-1.1-39;
(2) IC 8-22-3.5;
(3) IC 36-7-14;
(4) IC 36-7-30;
(5) IC 36-7-30.5;
(6) IC 36-7-32; or
(7) IC 36-7-32.5.
As added by P.L.38-2021, SEC.92. Amended by P.L.135-2022, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-64. Residential Housing Development Program

Sec. 64. (a) The commission may establish a residential housing development program by resolution for the construction of new residential housing or the renovation of existing residential housing if the average of new, single family residential houses constructed within the consolidated city during each of the preceding three (3) years is less than one percent (1%) of the total number of single family residential houses located within the consolidated city on January 1 of the year in which the resolution is adopted. The department of local government finance, in cooperation with the appropriate agency of the consolidated city, shall determine whether the consolidated city meets the requirements to establish a program under this subsection.
(b) A residential housing development program, which may include any relevant elements the commission considers appropriate, may be adopted as part of a redevelopment plan or an amendment to a redevelopment plan and must establish an allocation area for purposes of sections 26 and 35 of this chapter for the accomplishment of the program.
(c) The notice and hearing provisions of sections 10 and 10.5 of this chapter, including notice under section 10(c) of this chapter to a taxing unit that is wholly or partly located within an allocation area, apply to the resolution adopted under subsection (b). Judicial review of the resolution may be made under section 11 of this chapter.
(d) Before formal submission of a residential housing development program to the commission, the department shall:
(1) consult with persons interested in or affected by the proposed program;
(2) provide the affected neighborhood associations, residents, and township assessors with an adequate opportunity to participate in an advisory role in planning, implementing, and evaluating the proposed program; and
(3) hold public meetings in the affected neighborhoods to obtain the views of the affected neighborhood associations and residents.
(e) A residential housing development program established under this section must terminate not later than twenty (20) years after the date the program is established under subsection (a).
(f) The consolidated city may request from the department of local government finance a report, if it exists, describing the effect of current assessed value allocated to the tax increment financing allocation areas on the amount of the tax levy or proceeds and the credit for excessive property taxes under IC 6-1.1-20.6 for the taxing units within the boundaries of the residential housing development program.
As added by P.L.126-2023, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-65. Residential Housing Development Program; Commission Powers and Duties

Sec. 65. (a) This section applies only to a residential housing development program established under section 64 of this chapter.
(b) Except as provided in subsections (c) and (d), all the rights, powers, privileges, and immunities that may be exercised by the commission in blighted, deteriorated, or deteriorating areas may be exercised by the commission in implementing a residential housing development program, including the following:
(1) The special tax levied in accordance with section 19 of this chapter may be used to accomplish the purposes of the program.
(2) Bonds may be issued under this chapter to accomplish the purposes of the program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area established under section 64 of this chapter, except for refunding bonds or bonds issued in an amount necessary to complete a residential housing development program for which bonds were previously issued.
(3) Leases may be entered into under this chapter to accomplish the purposes of the program.
(4) The tax exemptions set forth in section 25 of this chapter are applicable.
(5) Property taxes may be allocated under section 26 of this chapter.
(c) The commission may not exercise the power of eminent domain in implementing a residential housing development program.
(d) The commission may not enter into lease financing or bond financing unless the commission first obtains approval of the legislative body of the consolidated city.
(e) The residential housing in a residential housing development program may not be encumbered, used as collateral, subjected to a monetary assessment, or otherwise restricted in any way in order to provide security for repayment of a bond that is issued or a lease that is entered into for or in connection with the program, including any:
(1) lien;
(2) mortgage;
(3) covenant;
(4) special assessment; or
(5) restriction on a homeowner's right to appeal a property tax assessment or other property tax issue affecting a homeowner's liability for property taxes.
As added by P.L.126-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-66. Residential Housing Development Program; Required Findings

Sec. 66. (a) This section applies only to a residential housing development program established under section 64 of this chapter.
(b) The commission must make the following findings in the resolution adopting a residential housing program under section 64 of this chapter:
(1) The public health and welfare will be benefited by accomplishment of the program.
(2) The accomplishment of the program will be of public utility and benefit, as measured by one (1) or more of the following:
(A) The provision of adequate residential housing.
(B) An increase in the property tax base.
(C) Other similar public benefits.
As added by P.L.126-2023, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-2. Stagnant or Deteriorating Economic Conditions

Sec. 2. (a) Present economic conditions in certain areas of certain units are stagnant or deteriorating.
(b) Present economic conditions in such areas are beyond remedy and control by regulatory processes because of the substantial public financial commitments necessary to encourage significant increases in economic activities in such areas.
(c) Encouragement of economic development in these areas will:
(1) attract new businesses and encourage existing businesses 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 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) Redevelopment and economic development under this chapter or IC 36-7-15.1 constitute a local public improvement that provides special benefits to residents and taxpayers of the special taxing district established under IC 36-7-15.1.
(g) This chapter shall be liberally construed to carry out its purposes and to provide units with maximum flexibility to accomplish those purposes.
As added by P.L.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-3. "Commission" Defined

Sec. 3. As used in this chapter, "commission" has the meaning set forth in IC 36-7-15.1-3.
As added by P.L.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-5. "Economic Development Project" Defined

Sec. 5. As used in this chapter, "economic development project" mean a project that:
(1) accomplishes the purposes specified in section 10 of this chapter; and
(2) involves an expenditure for a local public improvement.
As added by P.L.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-6. "Local Public Improvement" Defined

Sec. 6. As used in this chapter, "local public improvement" means any redevelopment project or purpose of a commission or a unit under this chapter or IC 36-7-15.1.
As added by P.L.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-7. "Remonstrance" Defined

Sec. 7. As used in this chapter, "remonstrance" refers to a written remonstrance delivered to a commission in accordance with section 12 of this chapter.
As added by P.L.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-8. Powers and Duties

Sec. 8. In addition to the powers and duties set forth in any other statute, a commission has the powers and duties set forth in this chapter.
As added by P.L.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-9. Assemblage of Data; Inclusions

Sec. 9. If a commission believes that the redevelopment and economic development of an area located within its jurisdiction may require the establishment of a district under this chapter before January 1, 1989, the commission shall cause to be assembled data sufficient to make the determinations required under section 10 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 located within the proposed district.
(3) A plan for the redevelopment and economic development of the proposed district.
As added by P.L.84-1987, SEC.13. Amended by P.L.2-1989, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-10. Resolution; Consideration of Adoption; Findings

Sec. 10. (a) After compilation of the data required by section 9 of this chapter, the commission shall consider adopting a resolution declaring the area described under section 9 of this chapter a district under this chapter. The commission may adopt the resolution only after making the following findings:
(1) That the district is entirely within a redevelopment district and has been previously designated as a redevelopment project area under IC 36-7-15.1 or that the district is being so designated concurrently with the adoption of the resolution.
(2) That the completion of the redevelopment and economic development of the district will do all of the following:
(A) Attract new business enterprises to the district or retain or expand existing business enterprises in the district.
(B) Benefit the public health and welfare and be of public utility and benefit.
(C) Protect and increase state and local tax bases or revenues.
(D) Result in a substantial increase in temporary and permanent employment opportunities and private sector investment within the district.
(b) The commission may not adopt the resolution described in subsection (a) after January 1, 1989.
As added by P.L.84-1987, SEC.13. Amended by P.L.5-1988, SEC.218; P.L.2-1989, SEC.40; P.L.185-2005, SEC.48.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-11. Resolution; Adoption; Publication of Notice; Hearing

Sec. 11. Upon adoption of a resolution designating a district under section 10 of this chapter, 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 name 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 persons affected in any manner by the hearing, 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.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-12. Hearing; Consideration of Written Remonstrances

Sec. 12. 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.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-13. Final Action by Commission; Appeal

Sec. 13. 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 14 of this chapter.
As added by P.L.84-1987, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-15. Approval of Commission's Determination to Create District

Sec. 15. The determination of the commission to create a district under this chapter must be approved by ordinance of the legislative body of the unit before the commission transmits its resolution to the Indiana finance authority and the department of state revenue under section 16 of this chapter.
As added by P.L.84-1987, SEC.13. Amended by P.L.11-1990, SEC.133; P.L.235-2005, SEC.210.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.2. Economic Development Project Districts in Marion County › 36-7-15.2-16. Transmission to State Department and Authority; Contents

Sec. 16. Within thirty (30) days after the approval of the creation of the district by the unit under section 15 of this chapter, the commission shall transmit to the department of state revenue and the Indiana finance authority the following:
(1) A certified copy of the resolution designating the district.
(2) A complete list of street names and the range of street numbers of each street located within the district.
(3) Information concerning the proposed redevelopment and economic development of the district, which information may be modified from time to time after the initial filing.
(4) A certificate by the presiding officer of the commission stating that the commission will pursue the implementation of the plan for the redevelopment and economic development of the district in an expeditious manner.
As added by P.L.84-1987, SEC.13. Amended by P.L.11-1990, SEC.134; P.L.235-2005, SEC.211.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-2. "Authority" Defined

Sec. 2. As used in this chapter, "authority" refers to the county convention and recreational facilities authority established by IC 36-10-9.1.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-4. "Bonds" Defined

Sec. 4. As used in this chapter, "bonds" means bonds, notes, or other evidence of indebtedness issued by the authority.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-5. "Commission" Defined

Sec. 5. As used in this chapter, "commission" refers to a redevelopment commission established under IC 36-7-15.1 or a military base reuse authority established under IC 36-7-30 and located in a county with a consolidated city.
As added by P.L.84-1987, SEC.14. Amended by P.L.2-1989, SEC.41; P.L.26-1995, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-6. "Local Public Improvement" Defined

Sec. 6. As used in this chapter, "local public improvement" means any redevelopment project or purpose of a commission or a unit under IC 36-7-15.1 or IC 36-7-30.
As added by P.L.84-1987, SEC.14. Amended by P.L.2-1989, SEC.42; P.L.26-1995, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-7. Additional Purposes; Prohibitions

Sec. 7. (a) In addition to its purposes specified in IC 36-10-9.1-10, the authority is also organized for the following purposes:
(1) Financing, constructing, and leasing local public improvements to the commission.
(2) Financing and constructing additional improvements to local public improvements owned by the authority and leasing them to the commission.
(3) Acquiring all or a portion of one (1) or more local public improvements from the commission by purchase or lease and leasing these local public improvements back to the commission, with any additional improvements that may be made to them.
(4) Acquiring all or a portion of one (1) or more local public improvements from the commission by purchase or lease to fund or refund indebtedness incurred on account of those local public improvements to enable the commission to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the commission considers to be unduly burdensome.
(b) Notwithstanding any other provision of this chapter, after June 30, 2014:
(1) an authority; or
(2) any other entity:
(A) established by the authority; or
(B) controlled by the authority;
may not own, lease, or otherwise hold a single family dwelling or condominium unit for purposes of leasing for the use by individuals as a dwelling. In addition, an arrangement or agreement that is contrary to this section may not be extended beyond the term of the arrangement or agreement as in effect on June 30, 2014. However, an authority or entity covered by this section may own property in the capacity of a land bank for a unit.
As added by P.L.84-1987, SEC.14. Amended by P.L.149-2014, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-8. Additional Powers

Sec. 8. (a) In addition to its powers under IC 36-10-9.1-11, the authority may also:
(1) finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip local public improvements;
(2) lease those local public improvements to the commission;
(3) sue, be sued, plead, and be impleaded, but all actions against the authority must be brought in the circuit or superior court of the county in which the authority is located;
(4) condemn, appropriate, lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with local public improvements;
(5) acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter;
(6) enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a local public improvement;
(7) design, order, contract for, and contract, reconstruct, and renovate any local public improvements or improvements thereto;
(8) employ managers, superintendents, architects, engineers, attorneys, auditors, clerks, construction managers, and other employees necessary for construction of local public improvements or improvements to them;
(9) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and
(10) take any other action necessary to implement its purposes as set forth in section 7 of this chapter.
(b) Whenever the board determines that the purposes for which the authority was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the authority have been fully paid or satisfied or provision for the payment of the bonds and obligations has been made in accordance with the terms of the resolution or trust indenture securing them, the board may declare the authority dissolved. On the effective date of the resolution of dissolution, the title to all funds and other property owned by the authority at the time of the dissolution vests in the commission on behalf of the unit creating the commission. However, if the commission is not in existence, the title vests in the unit.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-8.5. Redevelopment Authority Subject to Open Government Laws

Sec. 8.5. An authority is:
(1) subject to audit by the state board of accounts under IC 5-11;
(2) covered by IC 5-14-1.5 (the public meetings law);
(3) covered by IC 5-14-3 (the public records law); and
(4) covered by IC 36-1-12 (the public works law).
As added by P.L.149-2014, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-9. Refunding of Bonds

Sec. 9. (a) Bonds issued under IC 36-7-15.1 may be refunded as provided in this section.
(b) The commission may:
(1) lease all or a portion of a local public improvement or improvements to the authority, which may be at a nominal lease rental with a lease back to the commission, conditioned upon the authority assuming bonds issued under IC 36-7-15.1 and issuing its bonds to refund those bonds; and
(2) sell all or a portion of a local public improvement or improvements to the authority for a price sufficient to provide for the refunding of those bonds and lease back the local public improvement or improvements from the authority.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-10. Requirements for Lease of Local Improvements to Commission

Sec. 10. (a) Before a lease may be entered into, the commission must find that the lease rental provided for is fair and reasonable.
(b) A lease of local public improvements from the authority to the commission:
(1) must comply with IC 36-7-15.1-17.1, IC 36-7-15.1-46, or IC 36-7-30-20;
(2) may not require payment of lease rental for a newly constructed local public improvement or for improvements to an existing local public improvement except to the extent that the local public improvement or improvements thereto have been completed and are ready for occupancy;
(3) may contain provisions:
(A) allowing the commission to continue to operate an existing local public improvement until completion of the improvements, reconstruction, or renovation; and
(B) requiring payment of lease rentals for an existing local public improvement being used, reconstructed, or renovated;
(4) may contain an option to renew the lease for the same or shorter term on the conditions provided in the lease;
(5) must contain an option for the commission to purchase the local public improvement upon the terms stated in the lease during the term of the lease for a price equal to the amount required to pay all indebtedness incurred on account of the local public improvement, including indebtedness incurred for the refunding of that indebtedness;
(6) may be entered into before acquisition or construction of a local public improvement;
(7) may provide that the commission shall agree to:
(A) pay all taxes and assessments thereon;
(B) maintain insurance thereon for the benefit of the authority; and
(C) assume responsibility for utilities, repairs, alterations, and any costs of operation; and
(8) may provide that the lease rental payments by the commission shall be made from any one (1) or more of the sources set forth in IC 36-7-14-25.2, IC 36-7-15.1-17.1, IC 36-7-15.1-46, or IC 36-7-30-20.
As added by P.L.84-1987, SEC.14. Amended by P.L.26-1995, SEC.11; P.L.102-1999, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-11. Authorization for Leases Between the Authority and Commission; Exception

Sec. 11. This chapter and IC 36-7-15.1-17.1, IC 36-7-15.1-46, or IC 36-7-30-20 contain full and complete authority for leases between the authority and the commission. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board or the commission or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this chapter and IC 36-7-15.1-17.1 or IC 36-7-30-20.
As added by P.L.84-1987, SEC.14. Amended by P.L.26-1995, SEC.12; P.L.102-1999, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-12. Local Public Improvements; Plans and Specifications

Sec. 12. If the lease provides for a local public improvement or improvements thereto to be constructed by the authority, the plans and specifications shall be submitted to and approved by the commission.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-13. Common Wall or Other Agreements

Sec. 13. The authority and the commission may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county.
As added by P.L.84-1987, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.3. Redevelopment Authority in Marion County › 36-7-15.3-14. Local Public Improvement; Sale or Nominal Rental to Authority

Sec. 14. (a) The commission may lease for a nominal lease rental, or sell to the authority, one (1) or more local public improvements or portions thereof or land upon which a local public improvement is located or is to be constructed.
(b) Any lease of all or a portion of a local public improvement by the commission to the authority must be for a term equal to the term of the lease of that local public improvement back to the redevelopment commission.
(c) The commission may sell property to the authority for such amount as it determines to be in the best interest of the commission, which amount may be paid from the proceeds of bonds of the authority.
As added by P.L.84-1987, SEC.14.