reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 21. Special Improvement Districts for Redevelopment of Blighted Areas › 36-7-21-3. Establishment of Special Improvement District; Prerequisite Findings

Sec. 3. (a) A redevelopment commission may by resolution request the legislative body of the unit to establish a special improvement district for the purposes set forth in IC 36-7-15.1 with respect to counties having a consolidated city and in IC 36-7-14 with respect to all other eligible units.
(b) A special improvement district shall be established according to the procedures set forth for the establishment of allocation areas under IC 36-7-15.1 or IC 36-7-14, as applicable.
(c) In establishing the special improvement district, the legislative body must find that the projects to be undertaken in the district:
(1) constitute local public improvements;
(2) provide special benefits to property owners in the district; and
(3) will be of public utility and benefit.
As added by P.L.380-1987(ss), SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 21. Special Improvement Districts for Redevelopment of Blighted Areas › 36-7-21-4. Resolution Requesting Establishment of District; Contents

Sec. 4. In the resolution requesting the legislative body to establish a special improvement district, the redevelopment commission shall include the following information:
(1) A map of the boundaries of the proposed special improvement district, to include, if applicable, zone boundaries as prescribed by section 6 of this chapter.
(2) The name and address of each parcel and owner of land within the district and a description of the existing land use and zoning classification of each parcel.
(3) A detailed description of the proposed improvement its estimated cost, and the benefits expected to accrue to the property owners within the district.
(4) A plan for the application of assessment revenue to the cost of the project.
(5) A proposed apportionment of the annual assessment to the parcels of real property within the district, as prescribed by sections 5 and 6 of this chapter.
As added by P.L.380-1987(ss), SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 21. Special Improvement Districts for Redevelopment of Blighted Areas › 36-7-21-5. Apportionment of Benefits; Adjustment

Sec. 5. Benefits shall be apportioned on a gross square footage basis or on any other basis reasonably representative of the diffusion of benefits and may be adjusted by zone and land use as provided for in section 6 of this chapter.
As added by P.L.380-1987(ss), SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 21. Special Improvement Districts for Redevelopment of Blighted Areas › 36-7-21-6. Benefit Adjustment Through Establishment of Multiple Zone Districts and Land Use Management

Sec. 6. (a) If the redevelopment commission finds that the benefit of the special improvement varies from one (1) area to another within the district, the commission may establish up to three (3) zones within the district to delineate the approximate difference in beneficial impact and may propose the apportionment of benefits accordingly. The redevelopment commission may exclude all or part of the area actually encompassed by the improvement.
(b) In order to encourage the retention or development of various land uses within the district, the redevelopment commission may adjust the assessment according to the zoning classification of the property.
As added by P.L.380-1987(ss), SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 21. Special Improvement Districts for Redevelopment of Blighted Areas › 36-7-21-7. Certification of Scheduled Assessments to County Auditor; Designation of Assessment on Property Tax Statement; Judicial Review of Ordinance Establishing District

Sec. 7. (a) Upon the approval by the legislative body of the resolution establishing the special improvement district, the redevelopment commission shall certify the list of assessments apportioned under sections 5 and 6 of this chapter to the county auditor. The scheduled assessments shall be collected only insofar as the schedule of assessments has been approved by the legislative body.
(b) Within thirty (30) days after the county auditor receives the certification of final scheduled assessments for the completion of the special improvement, the auditor shall deliver a copy of the duplicate to the county treasurer. Each year the treasurer shall add to the tax statements of a person owning the property affected by an assessment, designating it in a manner distinct from general taxes, the full annual assessment due in the year the statement is sent.
(c) Any owner of the property to be assessed under the ordinance establishing the special improvement district is entitled to judicial review of that ordinance in the circuit or superior court of the county in which the redevelopment commission is located.
As added by P.L.380-1987(ss), SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 21. Special Improvement Districts for Redevelopment of Blighted Areas › 36-7-21-8. Bonds or Notes Payable From Special Improvement Assessments

Sec. 8. Subject to the approval of the legislative body under IC 36-7-14 or IC 36-7-15.1, as applicable, the redevelopment commission may issue notes or bonds payable from the special improvement assessments. These assessments are not ad valorem property taxes, and any bonds issued and payable by the assessment revenues are not a general obligation of the unit that established the special improvement district.
As added by P.L.380-1987(ss), SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-3. "Economic Improvement Project" Defined

Sec. 3. As used in this chapter, "economic improvement project" means the following:
(1) Planning or managing development or improvement activities.
(2) Designing, landscaping, beautifying, constructing, or maintaining public areas, public improvements, or public ways (including designing, constructing, or maintaining lighting, infrastructure, utility facilities, improvements, and equipment, water facilities, improvements, and equipment, sewage facilities, improvements, and equipment, streets, or sidewalks for a public area or public way).
(3) Promoting commercial activity or public events.
(4) Supporting business recruitment and development.
(5) Providing security for public areas.
(6) Acquiring, constructing, or maintaining parking facilities.
(7) Constructing, rehabilitating, or repairing residential property, including improvements related to the habitability of the residential property.
(8) Acquiring, constructing, rehabilitating, or repairing redevelopment projects, economic development facilities described in IC 36-7-11.9-3, pollution control facilities described in IC 36-7-11.9-9, or other local improvements.
As added by P.L.195-1988, SEC.1. Amended by P.L.114-1989, SEC.12; P.L.131-2008, SEC.54; P.L.38-2021, SEC.94.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-4. Petition; Filing; Contents

Sec. 4. (a) A person that intends to file a petition for the establishment of an economic improvement district under this section must first provide written notice to the clerk (as defined in IC 36-1-2) in the case of a municipality, or the county auditor, in the case of a county, of the person's intent before initiating the petition process.
(b) A petition for the establishment of an economic improvement district may be filed with the clerk of the municipality or the county auditor not later than one hundred twenty (120) days after the date on which the notice of intent for the petition is filed with the clerk of the municipality or the county auditor under subsection (a). The petition must include the following information:
(1) The boundaries of the proposed district, including the boundaries of any zones to be established under section 5(b) of this chapter.
(2) The name and address of each parcel and owner of land within the proposed district and a description of the existing land use and zoning classification of each parcel.
(3) A detailed description of the economic improvement projects to be carried out within the proposed district, the estimated cost of these projects, and the benefits to accrue to the property owners within the district.
(4) A plan for the application of assessment revenue to the cost of the economic improvement projects within the district.
(5) A proposed formula for determining the percentage of the total benefit to be received by each parcel of real property within the district, in the manner provided by section 5 of this chapter.
(6) The number of years in which assessments will be levied.
(7) A proposed list of members for the board.
(c) The clerk of the municipality or the county auditor shall retain the paper copy of a petition filed under this section for not less than ninety (90) days from the date the petition is filed with the clerk of the municipality or the county auditor.
As added by P.L.195-1988, SEC.1. Amended by P.L.207-2018, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-5. Apportionment of Benefits

Sec. 5. (a) The benefits accruing to parcels of real property within an economic improvement district may be apportioned among those parcels on any basis reasonably representative of the diffusion of benefits from the economic improvement project, including the following:
(1) Proximity of the parcel to the project.
(2) Accessibility of the parcel to the project.
(3) True cash value of the parcel.
(4) True cash value of any improvement on the parcel.
(5) Age of any improvement on the parcel.
(6) Other similar factors.
The apportionment of benefits under this subsection may be adjusted by zone or land use as provided in subsections (b) and (c).
(b) If the benefit of the economic development project varies from one (1) area to another within the economic improvement district, up to three (3) zones may be established within the district to delineate the approximate difference in beneficial impact, and benefits may be apportioned accordingly.
(c) In order to encourage the retention or development of various land uses within the district, assessments may be adjusted according to the zoning classification of the property.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-6. Hearing; Notice; Questions Heard

Sec. 6. (a) After receipt of a petition under section 4 of this chapter, the clerk of the municipality or the county auditor shall, in the manner provided by IC 5-3-1, publish notice of a hearing on the proposed economic improvement district. The clerk of the municipality or the county auditor shall mail a copy of the notice to each owner of real property within the proposed economic improvement district. The notice must include the boundaries of the proposed district, a description of the proposed projects, the proposed formula for determining the percentage of the total benefit to be received by each parcel of property, and the hearing date. The date of the hearing may not be more than sixty (60) days after the date on which the notice is mailed.
(b) At the public hearing under subsection (a), the legislative body shall hear all owners of real property in the proposed district (who appear and request to be heard) upon the questions of:
(1) the sufficiency of the notice;
(2) whether the proposed economic improvement projects are of public utility and benefit;
(3) whether the formula to be used for the assessment of special benefits is appropriate; and
(4) whether the district contains all, or more or less than all, of the property specially benefited by the proposed project.
As added by P.L.195-1988, SEC.1. Amended by P.L.207-2018, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-7. Ordinance; Establishing District

Sec. 7. (a) After conducting a hearing on the proposed economic improvement district, the legislative body may adopt an ordinance establishing the economic improvement district if it determines that:
(1) the petition meets the requirements of this section and sections 4 and 5 of this chapter;
(2) the economic improvement projects to be undertaken in the district will provide special benefits to property owners in the district and will be of public utility and benefit;
(3) the benefits provided by the project will be new benefits that do not replace benefits existing before the establishment of the district; and
(4) the formula to be used for the assessment of benefits is appropriate.
(b) The legislative body may adopt the ordinance only if it determines that the petition has been signed by:
(1) at least sixty percent (60%) of the owners of real property within the proposed district; and
(2) the owners of real property constituting at least sixty percent (60%) of the assessed valuation in the proposed district.
(c) The signature of a person whose property:
(1) is:
(A) owned by a nonprofit entity and is exempt from property taxation under IC 6-1.1-10-16;
(B) owned by this state or a state agency or leased to a state agency and is exempt from property taxation under IC 6-1.1-10 or any other law; or
(C) owned by a political subdivision of this state and is exempt from property taxation under IC 6-1.1-10 or any other law; or
(2) would be exempt from assessments under the ordinance;
may not be considered in determining whether the requirements of subsection (b) are met.
(d) In addition, the assessed valuation of any property that:
(1) is:
(A) owned by a nonprofit entity and is exempt from property taxation under IC 6-1.1-10-16;
(B) owned by this state or a state agency or leased to a state agency and is exempt from property taxation under IC 6-1.1-10 or any other law; or
(C) owned by a political subdivision of this state and is exempt from property taxation under IC 6-1.1-10 or any other law; or
(2) would be exempt from assessment under the ordinance;
may not be considered in determining the total assessed valuation in the proposed district.
As added by P.L.195-1988, SEC.1. Amended by P.L.25-1993, SEC.12; P.L.113-2010, SEC.135; P.L.207-2018, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-9. Ordinance; Repeal or Amendment

Sec. 9. (a) Subject to subsection (b), an ordinance adopted under section 7 of this chapter may be repealed or amended only after notice of the proposed repeal or amendment is published and mailed in the manner provided by section 6 of this chapter.
(b) Beginning after June 30, 2018, the legislative body of a unit may not pass an amending ordinance to increase the boundaries of a district.
As added by P.L.195-1988, SEC.1. Amended by P.L.207-2018, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-10. Ordinance; Exemption From Special Assessments

Sec. 10. An ordinance adopted under section 7 of this chapter may provide that businesses established within the district after the creation of the district are exempt from special assessments for a period not to exceed one (1) year.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-11. Ordinance; Economic Improvement Board

Sec. 11. An ordinance adopted under section 7 of this chapter must establish an economic improvement board to be appointed by the legislative body. The board must have at least three (3) members, and a majority of the board members must own real property within the district. However, if there is only one (1) property owner within a district formed before March 1, 2010, the legislative body shall appoint one (1) member to the economic improvement board who owns real property within the district and not more than two (2) other members who are not required to own real property within the district. After, February 28, 2010, a district formed under this chapter must have at least one (1) parcel of real property that is not owned by an owner of other parcels of real property in the district.
As added by P.L.195-1988, SEC.1. Amended by P.L.113-2010, SEC.136.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-13. Ordinance or Assessment Schedule; Action Contesting Validity

Sec. 13. (a) Any owner of real property in an economic improvement district may file an action contesting the validity of:
(1) the ordinance adopted under section 7 of this chapter; or
(2) the assessment schedule adopted under section 12 of this chapter.
(b) An action under this section must be filed:
(1) in the circuit or superior court of the county in which the economic improvement district is located; and
(2) within thirty (30) days after adoption of the ordinance or assessment schedule.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-14. Certification of Final Scheduled Assessments

Sec. 14. Within thirty (30) days after the county auditor receives the certification of final scheduled assessments for the completion of the economic improvement project, the auditor shall deliver a copy of the certificate to the county treasurer. Each year, the treasurer shall add the full annual assessment due in that year to the tax statements of the person owning the property affected by the assessment, designating it in a manner distinct from general taxes.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-16. Economic Improvement Fund

Sec. 16. (a) The board shall establish an economic improvement fund and shall deposit in this fund all assessments received under this chapter and any other amounts received by the board.
(b) Money in the economic improvement fund may be used only for the purposes specified in the ordinance establishing the economic improvement district. Any money earned from investment of money in the fund becomes a part of the fund.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-17. Budget

Sec. 17. (a) Before November 1 of each year, the board shall prepare and submit to the fiscal body a budget for the following calendar year governing the board's projected expenditures from the economic improvement fund. The fiscal body may approve, modify, or reject the proposed budget.
(b) The board may make an expenditure from the economic improvement fund only if the expenditure was approved by the fiscal body in its review of the board's budget or was otherwise approved by the fiscal body.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-18. Purchasing Materials or Equipment; Contracting for Public Works

Sec. 18. The board must comply with IC 36-1-12 when contracting for public works.
As added by P.L.195-1988, SEC.1. Amended by P.L.1-2010, SEC.150.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-19. Lease or Contractual Agreements

Sec. 19. The board may enter into lease or contractual agreements, or both, with governmental, not-for-profit, or other private entities for the purpose of carrying out economic improvement projects.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-20. Disposal of Assets and Liabilities Upon Repeal of Ordinance

Sec. 20. If the ordinance that established an economic improvement district is repealed, the assets and liabilities of the economic improvement district shall be disposed of in the manner determined by the unit. However, liabilities incurred by the economic improvement district are not an obligation of the unit and are payable only from the special assessments and other revenues of the district.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-21. Annual Report

Sec. 21. The board shall submit an annual report to the legislative body and the fiscal body before February 15 of each year. The report must summarize the board's activities and expenditures during the preceding calendar year.
As added by P.L.195-1988, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-22. Powers of the Board to Finance Economic Improvement Projects

Sec. 22. The board may:
(1) exercise of any of the powers of a unit under IC 36-7-12-18 or IC 36-7-12-18.5; or
(2) issue revenue bonds;
to finance an economic improvement project.
As added by P.L.131-2008, SEC.56.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 22. Economic Improvement Districts › 36-7-22-23. Reimbursement of Unit

Sec. 23. Upon acceptance or rejection of a proposed economic improvement district following a petition under this chapter, the resulting district (or the person that files the petition, if the proposed district is rejected) shall, at the request of the unit, reimburse the unit for all or part of the reasonable expenses incurred by the unit to comply with this chapter. The legislative body of the unit may choose not to collect all or part of the reasonable expenses incurred to comply with this chapter.
As added by P.L.207-2018, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-1. "Authority" Defined

Sec. 1. As used in this chapter, "authority" refers to a multiple jurisdiction infrastructure authority established under this chapter.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-4. Establishment; Public Body Corporate and Politic; Multiple County Participation; Distribution of Funds

Sec. 4. (a) A multiple jurisdiction infrastructure authority may be established under this chapter by:
(1) ordinance of the fiscal body of each unit participating in the authority; and
(2) if a county is one (1) of the units participating in the authority, the order of the executive of that county; and
(3) an agreement among the participating units, executed by the executive of each participating unit following the approval of the legislative body of each of the participating units.
(b) The authority is a public body corporate and politic. The authority is separate from the state, but the exercise by the authority of its powers is an essential governmental function.
(c) An agreement to establish an authority must include:
(1) more than one (1) unit as a participant; and
(2) a formula for distributing funds contributed by the units participating in the authority.
(d) An authority may add additional participating units at any time by following the procedures set forth in subsection (a).
(e) A unit may participate in more than one (1) authority.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-5. Purpose; Activities

Sec. 5. The purpose of the authority is to promote cooperation among the units participating in the authority in order to assist the development of the units included in the agreement by doing the following:
(1) Utilizing private and public sector resources to address development problems and opportunities.
(2) Planning, developing, rehabilitating, and otherwise managing infrastructure located in the authority's jurisdiction.
(3) Supplementing, but not supplanting, traditional local or state responsibilities.
(4) Providing financial resources to local communities to address their infrastructure needs.
(5) Providing revenue bonding capacity and resources for bond retirement, or lease rental capacity and resources, that can be directed to development or recapitalization of infrastructure located in the authority's jurisdiction.
(6) Providing the means to develop revenue producing infrastructure ventures, where revenue can be rechanneled back into the overall infrastructure development effort.
(7) Providing an overall balanced infrastructure investment strategy that addresses important needs of the participating units for capital projects.
(8) Providing operating involvement appropriate to each infrastructure component.
(9) Providing for a continuing and stable source of public funding for infrastructure development for participating units.
(10) Providing the mechanism to address other regional services as determined to be appropriate by the board.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-7. Eminent Domain

Sec. 7. The authority may exercise the power of eminent domain, with the approval of the executive of the unit affected, for any public use in the manner provided by IC 32-24-1.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.2-2002, SEC.116.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-9. Board of Directors

Sec. 9. The powers of the authority are vested in a board of directors. The board is comprised of the following members:
(1) One (1) member appointed by the executive of each unit participating in the authority.
(2) One (1) member appointed by the fiscal body of each unit participating in the authority.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-10. Appointed Members of Board of Directors

Sec. 10. (a) A member appointed under section 9 of this chapter must be a resident of the unit whose officials or representatives make the appointment.
(b) A member appointed under section 9(1) or 9(2) of this chapter by a unit executive or unit fiscal body must be an elected official of the unit whose officials or representatives make the appointment.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-11. Terms of Office

Sec. 11. (a) A member of the board appointed under section 9 of this chapter serves a term of four (4) years.
(b) The agreement establishing the authority under this chapter must provide:
(1) that the terms of the initial members appointed under section 9 of this chapter expire after one (1), two (2), three (3), or four (4) years; and
(2) for approximately twenty-five percent (25%) of the terms of the initial members appointed under section 9 of this chapter to expire in each of the first four (4) years that the agreement is in effect.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-12. Vacancy on Board of Directors

Sec. 12. The officials responsible for appointing members of the board shall fill a vacancy on the board among the members appointed under section 9 of this chapter by appointment for the unexpired term.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-13. Compensation and Expenses of Board Members

Sec. 13. (a) A member of the board is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.
(b) A member of the board is not entitled to either a salary or a per diem for services rendered in connection with the member's duties.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-15. Officers of Board of Directors

Sec. 15. The members shall elect:
(1) a chair;
(2) a vice chair;
(3) a secretary; and
(4) other officers determined to be necessary for the board to function;
at the first meeting of the board in January of each year.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.14; P.L.127-2017, SEC.217.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-17. Quorum; Proxies

Sec. 17. (a) A majority of the members of the 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.
(b) A member may vote by written proxy delivered in advance to the chair or secretary of the board.
(c) A vacancy in the membership of the board does not impair the right of a quorum to exercise all rights and perform all duties of the board.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.15; P.L.127-2017, SEC.218.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-18. Meetings

Sec. 18. Meetings of the board shall be held at the call of the chair or at the request of at least three (3) members. The board shall meet at least once every three (3) months to attend to the business of the authority.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.127-2017, SEC.219.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-19. Powers and Duties

Sec. 19. The board may do the following:
(1) Borrow money or otherwise incur indebtedness for any of its purposes, and issue revenue bonds, notes, or other evidences of indebtedness, whether secured or unsecured (other than general obligation bonds), to a person.
(2) Purchase, discount, sell, and negotiate notes and other evidences of indebtedness.
(3) Procure insurance to guarantee, insure, coinsure, and reinsure against political and commercial risk of loss and any other insurance the board considers necessary, including insurance to secure the payment of principal and interest on notes or other obligations of the authority.
(4) Accept gifts, grants, or loans from, and enter into contracts or other transactions with, a federal or state agency, municipality, private organization, or other source.
(5) Adopt, amend, or rescind bylaws, rules, and regulations necessary or convenient for the performance of the authority's powers and duties under this chapter.
(6) Sue and be sued.
(7) Purchase, receive, take by grant, gift, devise, bequest, or otherwise, lease or otherwise acquire, own, hold, improve, employ, use, and otherwise deal in and with, real and personal property, or an interest in real or personal property, wherever situated.
(8) Sell, convey, lease, exchange, transfer, or otherwise dispose of all its property or an interest in its property, wherever situated.
(9) Adopt a seal.
(10) Cooperate with other public and private organizations to carry out the purposes of the authority.
(11) Exercise all other powers and functions necessary or appropriate to carry out the duties and purposes set forth in this chapter.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-21. Broad Construction of Board's Powers

Sec. 21. The board's powers under this chapter shall be interpreted broadly to effectuate the purposes of this chapter and may not be construed as a limitation of powers.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-22. Revenue Bond Resolutions

Sec. 22. The board must adopt a resolution before issuing and selling revenue bonds under this chapter. The amount of the bonds issued under a resolution may not exceed the total, as estimated by the board, of all expenses reasonably incurred in connection with the purpose for which the bonds were issued.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-23. Amount of Bonds Sold

Sec. 23. In determining the amount of bonds to be issued and sold, the board may include the costs of the following:
(1) Acquisition and construction of infrastructure.
(2) Financing charges, bond sale discount, reasonable issuance costs, and interest accruing on the bonds before and during the construction period and for a reasonable period of time after construction.
(3) Expenses such as legal fees and engineering fees.
(4) All other expenses necessary or incidental to accomplishing the purposes of the authority.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-24. Disclosures on Face of Bond

Sec. 24. The bonds must indicate the following on the face of each bond:
(1) The denomination of the bond.
(2) The maturity date or dates, not exceeding fifty (50) years from the date of issue.
(3) The interest rate or rates if fixed rates are used, or the manner in which the interest rate will be determined if variable or adjustable rates are used.
(4) The registration privileges.
(5) That the bond does not constitute a debt of the state or a political subdivision within the meaning or application of a constitutional provision or limitation, but that the bond is payable solely as to both principal and interest from all or part of the revenues of the authority, as set forth in the resolution of the authority.
(6) The conditions and terms under which the bonds may be redeemed before maturity.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-25. Execution, Attestation, and Authentication of Bonds

Sec. 25. The bonds:
(1) shall be executed by the manual or facsimile signature of the chair of the board;
(2) shall be attested by the manual or facsimile signature of the secretary of the board;
(3) shall be imprinted or impressed with the seal of the authority;
(4) may be authenticated by a trustee, registrar, or paying agent; and
(5) constitute valid and binding obligations of the authority, even if the chair, the secretary, or both, whose manual or facsimile signature appears on the bond, no longer hold those offices.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.127-2017, SEC.220.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-26. Negotiability of Bonds

Sec. 26. The bonds, when issued, have all the qualities of negotiable instruments under IC 26, subject to their provisions for registration, and are incontestable in the hands of a bona fide purchaser or holder of bonds for value.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-28. Disposition of Bond Proceeds; Bond Maturities; Rights of Bondholders; Rights and Duties of Directors

Sec. 28. The proceeds of bonds issued under this chapter are appropriated for the purpose for which the bonds are issued. The proceeds shall be deposited and disbursed in accordance with any provisions and restrictions that the board provides in the resolution or trust indenture authorizing the issuance of the bonds in the first instance and the issuance of any refunding bonds, or in a trust indenture authorized and approved by resolution of the board. The maturities of the bonds, the rights of the holders, and the rights, duties, and obligations of the board are governed in all respects by this chapter.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-29. Bonds Payable From and Secured by Authority Revenues Only

Sec. 29. The bonds issued under this chapter constitute the corporate obligations only of the authority and are payable solely from and secured exclusively by the pledge of all or part of the revenues of the authority, as set forth in the resolution of the authority.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-30. Covenant Not to Impair Taxes Pledged to Bonds

Sec. 30. With respect to bonds for which a pledge of revenue has been made under this chapter, the general assembly convenants with the authority and the purchasers or owners of those bonds that this chapter will not be repealed or amended in any manner that will adversely affect the imposition of a tax in which revenue was the basis of the pledge as long as the principal of, or interest on, any of those bonds is unpaid.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-32. Executive Director

Sec. 32. (a) The board may appoint an executive director of the authority.
(b) If the board determines to appoint an executive director, the board shall appoint a nominating committee composed of members of the board. The committee must submit a recommendation to the board concerning the individuals qualified to serve as executive director.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-33. Powers and Duties of Executive Director

Sec. 33. The executive director shall:
(1) administer, manage, and direct the affairs and activities of the authority in accordance with the policies of the board and under the control and direction of the board;
(2) maintain and be custodian of all books, documents, and papers filed with the authority and the official seal of the authority; and
(3) perform other duties directed by the members to carry out the purposes of this chapter.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-34. Salaries; Expenses of Board, Authority, Employees, and Consultants

Sec. 34. The executive director must approve all accounts for salaries, allowable expenses of the board or of an employee or consultant, and the expenses incidental to the operation of the authority.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-35. Minutes of Board; Records and Documents of Authority

Sec. 35. The secretary of the board may:
(1) make copies of the minutes of the board and other records and documents of the authority; and
(2) give certificates under the seal of the authority to the effect that the copies are true copies.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-36. Officers, Agents, and Employees; Legal Counsel; Technical Experts

Sec. 36. The board may, without the approval of the attorney general or any other state officer, employ legal counsel, technical experts, and permanent or temporary officers, agents, and employees that the board determines necessary to carry out the efficient operation of the authority. The board shall determine the qualification, duties, compensation, and terms of office of persons employed under this section.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-40. Conflict of Interest Disclosure

Sec. 40. A member of the board or employee of the authority who has, will have, or later acquires an interest, direct or indirect, in a transaction with the authority shall immediately disclose the nature and extent of the interest in writing to the board as soon as the member or employee has knowledge of the actual or prospective interest.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-41. Nonparticipation of Director or Employer With Conflicting Interest

Sec. 41. A disclosure under section 40 of this chapter shall be announced at the first meeting of the board following the disclosure and entered upon the minutes of that meeting. Upon disclosure, the member or employee shall not participate in an action by the board or authority authorizing the transaction. However, an interest described under section 40 of this chapter does not invalidate an action by the board or authority with the participation of the disclosing member before the time when the member became aware of the interest or should reasonably have become aware of the interest.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-42. Officers and Employees of State or Political Subdivisions

Sec. 42. Notwithstanding any other law, an officer or employee of the state or a political subdivision does not forfeit that office or employment by reason of acceptance of membership on the board or of providing services to the authority.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-43. Personal Liability of Directors, Officers, Employees, and Agents

Sec. 43. The members of the board and the officers, employees, and agents of the authority are not subject to personal liability or accountability by reason of an act authorized by this chapter.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-45. Deposit of Funds

Sec. 45. All money of the authority, except as provided in this chapter, shall be deposited as soon as practicable in a separate account or accounts in one (1) or more financial institutions. The money in these accounts shall be paid on checks signed by the chair or other officers or employees of the authority or by wire transfer or other electronic means that the board authorizes. All deposits of money shall, if required by the board, be secured in a manner that the board determines to be prudent.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.127-2017, SEC.221.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-46. Authority Funds as Trust Funds

Sec. 46. Notwithstanding any other law, funds received by the authority under this chapter are trust funds to be held and applied solely as provided by this chapter.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-47. Audit of Funds and Accounts

Sec. 47. The funds and accounts of the authority are subject to audit by the state board of accounts.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.181-2015, SEC.48.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-48. Authority Property as Public Property; Tax Exemption

Sec. 48. All property, both tangible and intangible, acquired or held by the authority under this chapter is public property used for public and governmental purposes. All the property, along with the income from the property, is exempt from all taxes imposed by the state or a political subdivision, except for the financial institutions tax imposed under IC 6-5.5.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.21-1990, SEC.55; P.L.254-1997(ss), SEC.32; P.L.79-2017, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-49. Payment of Expenses; Indebtedness or Liability of State or Political Subdivision

Sec. 49. All expenses incurred by the board in carrying out this chapter are payable solely from funds provided under this chapter. This chapter does not authorize the board to incur indebtedness or liability on behalf of or payable by the state or a political subdivision.
As added by P.L.346-1989(ss), SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-50. Annual Report

Sec. 50. The board shall, at the close of each fiscal year, submit in an electronic format under IC 5-14-6 an annual report of its activities for the preceding year to the legislative council. Each member of the general assembly may receive a copy of the report by submitting a request to the executive director of the legislative council.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.28-2004, SEC.182.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 23. Multiple County Infrastructure Authority › 36-7-23-52. Fees, Rates, and Charges for Use of Infrastructures

Sec. 52. (a) A resolution establishing just and reasonable fees, rates, and charges for the use of infrastructures under this chapter may be adopted by the board after a public hearing. Notice of the hearing must be published one (1) time, at least ten (10) days before the hearing, in one (1) newspaper published in each county in which a participating unit is located in accordance with IC 5-3-1. The notice must provide a summary of the resolution.
(b) Fees, rates, and charges adopted by the authority for a particular infrastructure shall comply with statutes authorizing units to adopt fees, rates, and charges for that particular type of infrastructure or, if there is no statute authorizing units to adopt fees, rates, and charges for that particular type of infrastructure, the fees, rates, and charges must comply with IC 36-1-3.
As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.18.