CHAPTER 25. ADDITIONAL POWERS OF REDEVELOPMENT COMMISSIONS
IC 36-7-25
Chapter 25. Additional Powers of Redevelopment Commissions
IC 36-7-25-1
Application
Sec. 1. This chapter applies to all units having a department ofredevelopment under IC 36-7-14-3 or a department of metropolitandevelopment as the redevelopment commission of a consolidated cityor 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 36-7-15.1apply 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 befinanced by a commission in redevelopment project areas oreconomic development areas may be financed if the projects,improvements, or purposes are not located in those areas or theredevelopment district as long as the projects, improvements, orpurposes directly serve or benefit those areas.
(b) This subsection applies only to counties having a consolidatedcity. A metropolitan development commission acting as theredevelopment commission of the consolidated city may financeprojects, improvements, or purposes that are located in the countyand in a reuse area established under IC 36-7-30, even though thereuse area is not located in the redevelopment district. However, atthe time this financing is initiated, the redevelopment commissionmust make a finding that the project, improvement, or purpose willserve 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 developmentprojects in contiguous areas
Sec. 4. Notwithstanding any other law, if two (2) or more unitswant to jointly undertake redevelopment or economic developmentprojects in contiguous areas in the units' respective jurisdictions thatbenefit or serve the units' jurisdictions, the legislative body of a unitmay:
(1) assign an area within the unit's jurisdiction to thecommission of another unit to allow the creation of anallocation area for the purpose of the allocation of property taxproceeds even though part of the allocation area will be outside
the jurisdiction of the commission to which the new area isassigned; or
(2) may pledge property tax proceeds that would be allocated tothe unit's allocation fund to the commission of another unit forthe projects.
The commission to which an area is assigned or allocated proceedsare pledged may then take all actions in the area or with respect tothe pledged proceeds that could be taken by a commission in anallocation area or with respect to the commission's own revenuesuntil the later of the time when an ordinance rescinding thisassignment or pledge is adopted by the legislative body of theassigning or pledging unit or the date on which outstanding bonds orlease rentals payable from allocated property tax proceeds are finallyretired. The assigning unit shall continue to tax the taxpayers in theassigned portion of the allocation area at the assigning unit's taxrates.
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 adeveloper that has been selected as the successful bidder afterfollowing 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 thecommission. The project agreement may contain terms andprovisions for development of projects in a redevelopment oreconomic development area that are negotiated with the developer inthe discretion of the commission, including the type and character ofconsideration for the disposition, conditions and covenants as tofuture actions of the commission and the developer, and theobligation of the commission to exercise any of the commission'spowers under IC 36-7-14, IC 36-7-15.1, this chapter, or any otherapplicable 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 ataxpayer in an allocation area that limits the taxpayer's rights tochallenge the taxpayer's assessment or property taxes or thatguarantees, enhances, or otherwise further secures bonds or leaseobligations of the commission. The obligation to make paymentsunder a taxpayer agreement that guarantee, enhance, or otherwisefurther secure bonds or lease obligations of the commission underthis section shall be treated in the same manner as property taxes forpurposes of IC 6-1.1-22-13, if, and to the extent that, the taxpayeragreement 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 trainingprograms
Sec. 7. (a) As used in this section, "eligible entity" means a personwhose 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 andglobal economy.
(b) After making the findings set forth in subsection (c), acommission, or two (2) or more commissions acting jointly, maycontract 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 andglobal economy.
(c) Before a commission may contract for a program described insubsection (b), the commission must find that the program willpromote the redevelopment and economic development of the unit,is of utility and benefit, and is in the best interests of the unit'sresidents.
(d) Except as provided in subsection (e), a commission may useany revenues legally available to the commission to fund a programdescribed in subsection (b).
(e) A commission may not spend:
(1) bond proceeds; or
(2) more than fifteen percent (15%) of the allocated taxproceeds it receives on an annual basis;
to fund a program described in subsection (b).
As added by P.L.182-2009(ss), SEC.513.