CHAPTER 3. DEVELOPMENT AUTHORITY POWERS AND DUTIES
IC 36-7.6-3
Chapter 3. Development Authority Powers and Duties
IC 36-7.6-3-1
Duties
Sec. 1. A development authority shall do the following:
(1) Assist in the coordination of local efforts concerningprojects that are of regional importance.
(2) Assist a county, a municipality, a commuter transportationdistrict, an airport authority, and a regional transportationauthority in coordinating regional transportation and economicdevelopment efforts.
(3) Fund projects that are of regional importance, as providedin this article.
As added by P.L.232-2007, SEC.7.
IC 36-7.6-3-2
Powers
Sec. 2. (a) A development authority may do any of the following:
(1) Finance, improve, construct, reconstruct, renovate,purchase, lease, acquire, and equip land and projects that are ofregional importance.
(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) Construct or reconstruct highways, roads, and bridges.
(5) Acquire land or all or a part of one (1) or more projects froman eligible political subdivision by purchase or lease and leasethe land or projects back to the eligible political subdivision,with any additional improvements that may be made to the landor projects.
(6) Acquire all or a part 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.
(7) 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.
(C) A regional transportation authority. A loan, a loanguarantee, a grant, or other financial assistance under thisclause may be used by a regional transportation authority foracquiring, improving, operating, maintaining, financing, andsupporting the following:
(i) Bus services (including fixed route services and
flexible or demand-responsive services) that are acomponent of a public transportation system.
(ii) Bus terminals, stations, or facilities or other regionalbus authority projects.
(D) A county.
(E) A municipality.
(8) Provide funding to assist a railroad that is providingcommuter transportation services in a county containingterritory included in the development authority.
(9) Provide funding to assist an airport authority located in acounty containing territory included in the developmentauthority in the construction, reconstruction, renovation,purchase, lease, acquisition, and equipping of an airport facilityor airport project.
(10) Provide funding for intermodal transportation projects andfacilities.
(11) Provide funding for regional trails and greenways.
(12) Provide funding for economic development projects.
(13) 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.
(14) After giving notice, enter upon any lots or lands for thepurpose of surveying or examining them to determine thelocation of a project.
(15) Make or enter into all contracts and agreements necessaryor incidental to the performance of the development authority'sduties and the execution of the development authority's powersunder this article.
(16) Sue, be sued, plead, and be impleaded.
(17) Design, order, contract for, construct, reconstruct, andrenovate a project or improvements to a project.
(18) 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.
(19) 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.
(20) 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.
(21) Except as prohibited by law, take any action necessary tocarry out this article.
(b) Projects funded by a development authority must be ofregional importance.
(c) If a development authority is unable to agree with the owners,lessees, or occupants of any real property selected for the purposes
of this article, the development authority may proceed underIC 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.232-2007, SEC.7.
IC 36-7.6-3-3
Agreements for joint actions
Sec. 3. A development authority may enter into an agreement withanother development authority or any other entity to:
(1) jointly equip, own, lease, and finance projects and facilities;or
(2) otherwise carry out the purposes of the developmentauthority;
in any location.
As added by P.L.232-2007, SEC.7.
IC 36-7.6-3-4
Reports
Sec. 4. A development authority shall before April 1 of each yearissue a report to the legislative council, the budget committee, andthe governor concerning the operations and activities of thedevelopment authority during the preceding calendar year. The reportto the legislative council must be in an electronic format underIC 5-14-6.
As added by P.L.232-2007, SEC.7.
IC 36-7.6-3-5
Development plan
Sec. 5. (a) A development authority shall prepare a comprehensivestrategic development plan that includes detailed informationconcerning 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, not later than January 1 of
the second year following the year in which the developmentauthority is established, submit the comprehensive strategicdevelopment plan for review by the budget committee and approvalby the director of the office of management and budget.
As added by P.L.232-2007, SEC.7.