CHAPTER 3. DEVELOPMENT AUTHORITY POWERS AND DUTIES
IC 36-7.5-3
Chapter 3. Development Authority Powers and Duties
IC 36-7.5-3-1
Duties
Sec. 1. The development authority shall do the following:
(1) Assist in the coordination of local efforts concerningprojects.
(2) Assist a commuter transportation district, an airportauthority, a shoreline development commission, a regionaltransportation authority, and a regional bus authority incoordinating regional transportation and economic developmentefforts.
(3) Fund projects as provided in this article.
(4) Fund bus services (including fixed route services andflexible or demand-responsive services) and projects related tobus services and bus terminals, stations, or facilities.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,SEC.59.
IC 36-7.5-3-2
Powers
Sec. 2. (a) The development authority may do any of thefollowing:
(1) Finance, improve, construct, reconstruct, renovate,purchase, lease, acquire, and equip land and projects located inan eligible county or eligible municipality.
(2) Lease land or a project to an eligible political subdivision.
(3) Finance and construct additional improvements to projectsor other capital improvements owned by the developmentauthority and lease them to or for the benefit of an eligiblepolitical subdivision.
(4) Acquire land or all or a portion of one (1) or more projectsfrom an eligible political subdivision by purchase or lease andlease the land or projects back to the eligible politicalsubdivision, with any additional improvements that may bemade to the land or projects.
(5) Acquire all or a portion of one (1) or more projects from aneligible political subdivision by purchase or lease to fund orrefund indebtedness incurred on account of the projects toenable the eligible political subdivision to make a savings indebt service obligations or lease rental obligations or to obtainrelief from covenants that the eligible political subdivisionconsiders to be unduly burdensome.
(6) Make loans, loan guarantees, and grants or provide otherfinancial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority or airport development authority.
(C) A shoreline development commission.
(D) A regional bus authority. A loan, loan guarantee, grant,
or other financial assistance under this clause may be usedby a regional bus authority for acquiring, improving,operating, maintaining, financing, and supporting thefollowing:
(i) Bus services (including fixed route services andflexible or demand-responsive services) that are acomponent of a public transportation system.
(ii) Bus terminals, stations, or facilities or other regionalbus authority projects.
(E) A regional transportation authority.
(7) Provide funding to assist a railroad that is providingcommuter transportation services in an eligible county oreligible municipality.
(8) Provide funding to assist an airport authority located in aneligible county or eligible municipality in the construction,reconstruction, renovation, purchase, lease, acquisition, andequipping of an airport facility or airport project.
(9) Provide funding to assist in the development of anintermodal facility to facilitate the interchange and movementof freight.
(10) Provide funding to assist a shoreline developmentcommission in carrying out the purposes of IC 36-7-13.5.
(11) Provide funding for economic development projects in aneligible county or eligible municipality.
(12) Hold, use, lease, rent, purchase, acquire, and dispose of bypurchase, exchange, gift, bequest, grant, condemnation, lease,or sublease, on the terms and conditions determined by thedevelopment authority, any real or personal property located inan eligible county or eligible municipality.
(13) After giving notice, enter upon any lots or lands for thepurpose of surveying or examining them to determine thelocation of a project.
(14) Make or enter into all contracts and agreements necessaryor incidental to the performance of its duties and the executionof its powers under this article.
(15) Sue, be sued, plead, and be impleaded.
(16) Design, order, contract for, and construct, reconstruct, andrenovate a project or improvements to a project.
(17) Appoint an executive director and employ appraisers, realestate experts, engineers, architects, surveyors, attorneys,accountants, auditors, clerks, construction managers, and anyconsultants or employees that are necessary or desired by thedevelopment authority in exercising its powers or carrying outits duties under this article.
(18) Accept loans, grants, and other forms of financialassistance from the federal government, the state government,a political subdivision, or any other public or private source.
(19) Use the development authority's funds to match federalgrants or make loans, loan guarantees, or grants to carry out thedevelopment authority's powers and duties under this article. (20) Except as prohibited by law, take any action necessary tocarry out this article.
(b) If the development authority is unable to agree with theowners, lessees, or occupants of any real property selected for thepurposes of this article, the development authority may proceedunder IC 32-24-1 to procure the condemnation of the property. Thedevelopment authority may not institute a proceeding until it hasadopted a resolution that:
(1) describes the real property sought to be acquired and thepurpose for which the real property is to be used;
(2) declares that the public interest and necessity require theacquisition by the development authority of the propertyinvolved; and
(3) sets out any other facts that the development authorityconsiders necessary or pertinent.
The resolution is conclusive evidence of the public necessity of theproposed acquisition.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,SEC.60; P.L.182-2009(ss), SEC.424.
IC 36-7.5-3-3
Reports
Sec. 3. The development authority shall before November 1 ofeach year issue a report to the legislative council, the budgetcommittee, and the governor concerning the operations and activitiesof the development authority during the preceding state fiscal year.The report to the legislative council must be in an electronic formatunder IC 5-14-6.
As added by P.L.214-2005, SEC.73.
IC 36-7.5-3-4
Development plan
Sec. 4. (a) The development authority shall prepare acomprehensive strategic development plan that includes detailedinformation concerning the following:
(1) The proposed projects to be undertaken or financed by thedevelopment authority.
(2) The following information for each project included undersubdivision (1):
(A) Timeline and budget.
(B) The return on investment.
(C) The projected or expected need for an ongoing subsidy.
(D) Any projected or expected federal matching funds.
(b) The development authority shall before January 1, 2008,submit the comprehensive strategic development plan for review bythe budget committee and approval by the director of the office ofmanagement and budget.
As added by P.L.214-2005, SEC.73.