IC 36-7-15.2
    Chapter 15.2. Economic Development Project Districts in MarionCounty

IC 36-7-15.2-1
Application of chapter
    Sec. 1. This chapter applies to each unit having a redevelopmentcommission under IC 36-7-15.1.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-2
Stagnant or deteriorating economic conditions
    Sec. 2. (a) Present economic conditions in certain areas of certainunits are stagnant or deteriorating.
    (b) Present economic conditions in such areas are beyond remedyand control by regulatory processes because of the substantial publicfinancial commitments necessary to encourage significant increasesin economic activities in such areas.
    (c) Encouragement of economic development in these areas will:
        (1) attract new businesses and encourage existing businesses toremain or expand;
        (2) increase temporary and permanent employmentopportunities 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 developmentbenefit the health and welfare of the people of Indiana, are publicuses and purposes for which public money may be spent, and are ofpublic utility and benefit.
    (e) Economic development in such areas can be accomplishedonly by a coordinated effort of local and state governments.
    (f) Redevelopment and economic development under this chapteror IC 36-7-15.1 constitute a local public improvement that providesspecial benefits to residents and taxpayers of the special taxingdistrict established under IC 36-7-15.1.
    (g) This chapter shall be liberally construed to carry out itspurposes and to provide units with maximum flexibility toaccomplish those purposes.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-3
"Commission" defined
    Sec. 3. As used in this chapter, "commission" has the meaning setforth in IC 36-7-15.1-3.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-4
"District" defined
    Sec. 4. As used in this chapter, "district" refers to an economicdevelopment project district established under this chapter.As added by P.L.84-1987, SEC.13.

IC 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 thischapter; and
        (2) involves an expenditure for a local public improvement.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-6
"Local public improvement" defined
    Sec. 6. As used in this chapter, "local public improvement" meansany redevelopment project or purpose of a commission or a unitunder this chapter or IC 36-7-15.1.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-7
"Remonstrance" defined
    Sec. 7. As used in this chapter, "remonstrance" refers to a writtenremonstrance delivered to a commission in accordance with section12 of this chapter.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-8
Powers and duties
    Sec. 8. In addition to the powers and duties set forth in any otherstatute, a commission has the powers and duties set forth in thischapter.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-9
Assemblage of data; inclusions
    Sec. 9. If a commission believes that the redevelopment andeconomic development of an area located within its jurisdiction mayrequire the establishment of a district under this chapter beforeJanuary 1, 1989, the commission shall cause to be assembled datasufficient to make the determinations required under section 10 ofthis chapter, including the following:
        (1) Maps and plats showing the boundaries of the proposeddistrict.
        (2) A complete list of street names and the range of streetnumbers of each street located within the proposed district.
        (3) A plan for the redevelopment and economic development ofthe proposed district.
As added by P.L.84-1987, SEC.13. Amended by P.L.2-1989, SEC.39.

IC 36-7-15.2-10
Resolution; consideration of adoption; findings    Sec. 10. (a) After compilation of the data required by section 9 ofthis chapter, the commission shall consider adopting a resolutiondeclaring the area described under section 9 of this chapter a districtunder this chapter. The commission may adopt the resolution onlyafter making the following findings:
        (1) That the district is entirely within a redevelopment districtand has been previously designated as a redevelopment projectarea under IC 36-7-15.1 or that the district is being sodesignated concurrently with the adoption of the resolution.
        (2) That the completion of the redevelopment and economicdevelopment of the district will do all of the following:
            (A) Attract new business enterprises to the district or retainor expand existing business enterprises in the district.
            (B) Benefit the public health and welfare and be of publicutility and benefit.
            (C) Protect and increase state and local tax bases orrevenues.
            (D) Result in a substantial increase in temporary andpermanent employment opportunities and private sectorinvestment within the district.
    (b) The commission may not adopt the resolution described insubsection (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.

IC 36-7-15.2-11
Resolution; adoption; publication of notice; hearing
    Sec. 11. Upon adoption of a resolution designating a district undersection 10 of this chapter, the commission shall publish (inaccordance with IC 5-3-1) notice of the adoption and purport of theresolution and of the hearing to be held. The notice must provide ageneral description of the boundaries of the district and state thatinformation concerning the district can be inspected at thecommission's office. The notice must also name a date when thecommission will hold a hearing to receive and hear remonstrancesand other testimony from persons interested in or affected by theestablishment of the district. All persons affected in any manner bythe hearing, including all persons or entities owning property ordoing business in the district, shall be considered notified of thependency of the hearing and of subsequent acts, hearings,adjournments, and resolutions of the commission by the notice givenunder this section.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-12
Hearing; consideration of written remonstrances
    Sec. 12. At the hearing, which may be adjourned from time totime, the commission shall hear all persons interested in theproceedings and shall consider all written remonstrances that havebeen filed with the commission.As added by P.L.84-1987, SEC.13.

IC 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 andconfirming, or rescinding the resolution. The action taken by thecommission is final, except that an appeal may be taken undersection 14 of this chapter.
As added by P.L.84-1987, SEC.13.

IC 36-7-15.2-14
Appeal by aggrieved person; bond; procedure
    Sec. 14. (a) A person who filed a written remonstrance with thecommission under section 11 of this chapter and is aggrieved by thefinal action taken may, within ten (10) days after that final action,file an appeal in the office of the clerk of the circuit or superior courtwith a copy of the resolution of the commission and the person'sremonstrance against that resolution.
    (b) If an appeal is filed, the commission may petition that theappeal be dismissed unless the remonstrator posts a bond with asurety approved by the court payable to the commission for thepayment of all damages and costs that may accrue by reason of thefiling of the lawsuit if the commission prevails. A hearing on apetition to dismiss an appeal shall be conducted in the same manneras a hearing on a temporary injunction under IC 34-26. If at thehearing the court determines that the remonstrator cannot establishfacts that would entitle the remonstrator to a temporary injunction,the court shall set the amount of the bond to be filed by theremonstrator in an amount found by the judge to cover all damagesand costs that may accrue to the commission because of the appealif the commission prevails. If no bond is filed by the remonstratorwith sureties approved by the court within ten (10) days after thecourt's order is entered, the suit shall be dismissed, and no court hasfurther jurisdiction of the appeal or any other lawsuit involving anyissue that was or could have been raised on the appeal.
    (c) The burden of proof in the appeal is on the remonstrator, anda change of venue from the county may not be granted.
    (d) An appeal under this section shall be promptly heard by thecourt without a jury. All remonstrances upon which an appeal hasbeen taken shall be consolidated and heard and determined withinthirty (30) days after the time of the filing of the appeal.Notwithstanding any other law, the court shall decide the appealbased on the record and evidence before the commission, not by trialde novo, and may sustain the remonstrance only if it finds that theactions of the commission in adopting the resolution were arbitraryand capricious.
    (e) The court may confirm the final action of the commission orsustain the remonstrances. The judgment of the court is final andconclusive, unless an appeal is taken as in other civil actions. An

appeal to the court of appeals or supreme court has priority over allother civil appeals.
    (f) Either the remonstrator or the commission may appeal thecourt order to the Indiana supreme court within the ten (10) dayperiod by notice of appeal on a statement of errors in the samemanner as is provided in a petition for mandate or prohibition. Thesupreme court may stay the lower court order pending its owndecision, may set a bond to be filed by the remonstrator, may modifythe order of the lower court, or may enter its order as the final orderin a case.
As added by P.L.84-1987, SEC.13. Amended by P.L.1-1998,SEC.208.

IC 36-7-15.2-15
Approval of commission's determination to create district
    Sec. 15. The determination of the commission to create a districtunder this chapter must be approved by ordinance of the legislativebody of the unit before the commission transmits its resolution to theIndiana finance authority and the department of state revenue undersection 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.

IC 36-7-15.2-16
Transmission to state department and authority; contents
    Sec. 16. Within thirty (30) days after the approval of the creationof the district by the unit under section 15 of this chapter, thecommission shall transmit to the department of state revenue and theIndiana 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 streetnumbers of each street located within the district.
        (3) Information concerning the proposed redevelopment andeconomic development of the district, which information maybe modified from time to time after the initial filing.
        (4) A certificate by the presiding officer of the commissionstating that the commission will pursue the implementation ofthe plan for the redevelopment and economic development ofthe 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.