2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 7. PLANNING AND DEVELOPMENT CHAPTER 25. ADDITIONAL POWERS OF REDEVELOPMENT COMMISSIONS
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IC 36-7-25
Chapter 25.
Commissions
Additional
Powers
of
Redevelopment
IC 36-7-25-1
Application
Sec. 1. This chapter applies to all units having a department of
redevelopment under IC 36-7-14-3 or a department of metropolitan
development as the redevelopment commission of a consolidated city
or excluded city under IC 36-7-15.1.
As added by P.L.35-1990, SEC.62. Amended by P.L.102-1999,
SEC.28.
IC 36-7-25-2
Definitions
Sec. 2. The definitions set forth in IC 36-7-14 and IC 36-7-15.1
apply throughout this chapter.
As added by P.L.35-1990, SEC.62.
IC 36-7-25-3
Financing of projects, improvements, and purposes
Sec. 3. (a) Projects, improvements, or purposes that may be
financed by a commission in redevelopment project areas or
economic development areas may be financed if the projects,
improvements, or purposes are not located in those areas or the
redevelopment district as long as the projects, improvements, or
purposes directly serve or benefit those areas.
(b) This subsection applies only to counties having a consolidated
city. A metropolitan development commission acting as the
redevelopment commission of the consolidated city may finance
projects, improvements, or purposes that are located in the county
and in a reuse area established under IC 36-7-30, even though the
reuse area is not located in the redevelopment district. However, at
the time this financing is initiated, the redevelopment commission
must make a finding that the project, improvement, or purpose will
serve or benefit the redevelopment district.
As added by P.L.35-1990, SEC.62. Amended by P.L.26-1995,
SEC.13; P.L.185-2005, SEC.50.
IC 36-7-25-4
Joint undertaking of redevelopment or economic development
projects in contiguous areas
Sec. 4. Notwithstanding any other law, if two (2) or more units
want to jointly undertake redevelopment or economic development
projects in contiguous areas in the units' respective jurisdictions that
benefit or serve the units' jurisdictions, the legislative body of a unit
may:
(1) assign an area within the unit's jurisdiction to the
commission of another unit to allow the creation of an allocation
area for the purpose of the allocation of property tax proceeds
even though part of the allocation area will be outside the
jurisdiction of the commission to which the new area is
assigned; or
(2) may pledge property tax proceeds that would be allocated to
the unit's allocation fund to the commission of another unit for
the projects.
The commission to which an area is assigned or allocated proceeds
are pledged may then take all actions in the area or with respect to the
pledged proceeds that could be taken by a commission in an
allocation area or with respect to the commission's own revenues
until the later of the time when an ordinance rescinding this
assignment or pledge is adopted by the legislative body of the
assigning or pledging unit or the date on which outstanding bonds or
lease rentals payable from allocated property tax proceeds are finally
retired. The assigning unit shall continue to tax the taxpayers in the
assigned portion of the allocation area at the assigning unit's tax rates.
As added by P.L.35-1990, SEC.62.
IC 36-7-25-5
Project agreements; procedures
Sec. 5. A commission may enter into a project agreement with a
developer that has been selected as the successful bidder after
following the procedures set forth in IC 36-7-14-22, IC 36-7-15.1-15,
or IC 36-7-15.1-44 regarding dispositions of property or interests.
Any project agreement must be approved by resolution of the
commission. The project agreement may contain terms and
provisions for development of projects in a redevelopment or
economic development area that are negotiated with the developer in
the discretion of the commission, including the type and character of
consideration for the disposition, conditions and covenants as to
future actions of the commission and the developer, and the
obligation of the commission to exercise any of the commission's
powers under IC 36-7-14, IC 36-7-15.1, this chapter, or any other
applicable law.
As added by P.L.35-1990, SEC.62. Amended by P.L.102-1999,
SEC.29.
IC 36-7-25-6
Limitation on taxpayer's right to challenge taxes or assessments;
agreement; lien
Sec. 6. A commission may enter into an agreement with a taxpayer
in an allocation area that limits the taxpayer's rights to challenge the
taxpayer's assessment or property taxes or that guarantees, enhances,
or otherwise further secures bonds or lease obligations of the
commission. The obligation to make payments under a taxpayer
agreement that guarantee, enhance, or otherwise further secure bonds
or lease obligations of the commission under this section shall be
treated in the same manner as property taxes for purposes of
IC 6-1.1-22-13, if, and to the extent that, the taxpayer agreement
provides for a property tax lien.
As added by P.L.35-1990, SEC.62. Amended by P.L.147-1992,
SEC.2.
IC 36-7-25-7
Contracts with eligible entities for educational and training
programs
Sec. 7. (a) As used in this section, "eligible entity" means a person
whose principal functions include the provision of:
(l) educational programs;
(2) work training programs;
(3) worker retraining programs; or
(4) any other programs;
designed to prepare individuals to participate in the competitive and
global economy.
(b) After making the findings set forth in subsection (c), a
commission, or two (2) or more commissions acting jointly, may
contract with an eligible entity to provide:
(1) educational programs;
(2) work training programs;
(3) worker retraining programs; or
(4) any other programs;
designed to prepare individuals to participate in the competitive and
global economy.
(c) Before a commission may contract for a program described in
subsection (b), the commission must find that the program will
promote the redevelopment and economic development of the unit,
is of utility and benefit, and is in the best interests of the unit's
residents.
(d) Except as provided in subsection (e), a commission may use
any revenues legally available to the commission to fund a program
described in subsection (b).
(e) A commission may not spend:
(1) bond proceeds; or
(2) more than fifteen percent (15%) of the allocated tax
proceeds it receives on an annual basis;
to fund a program described in subsection (b).
As added by P.L.182-2009(ss), SEC.513.
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