CHAPTER 30. REUSE OF FEDERAL MILITARY BASES
IC 36-7-30
Chapter 30. Reuse of Federal Military Bases
IC 36-7-30-1
Applicability of chapter; definitions
Sec. 1. (a) This chapter applies to all units in which all or a partof a military base is located.
(b) As used in sections 18 and 24 of this chapter, "bonds" meansbonds, notes, evidences of indebtedness, or other obligations issuedby the reuse authority in the name of the unit.
(c) As used in this chapter, "military base" means a United Statesgovernment military base or other military installation that isscheduled for closing or is completely or partially inactive or closed.
(d) As used in this chapter, "military base property" means realand personal property that is currently or was formerly part of amilitary base and is subject to reuse.
(e) As used in this chapter, "municipal utility" means a utility thatis owned by a municipality and provides at least one (1) of thefollowing:
(1) Water services.
(2) Sewer services.
(3) Electric services.
(4) Stormwater services.
(f) As used in this chapter, "reuse authority" means a military basereuse authority established under section 3 of this chapter.
As added by P.L.26-1995, SEC.14. Amended by P.L.228-1997,SEC.1.
IC 36-7-30-2
Preparation for reuse of military bases
Sec. 2. (a) The planning, replanning, rehabilitation, development,redevelopment, and other preparation for reuse of military bases andmilitary base property are public and governmental functions thatcannot be accomplished through the ordinary operations of privateenterprise because of the following:
(1) The provisions of federal law that provide for theexpeditious and affordable transfer of military base property toan entity established by local government for these purposes.
(2) The necessity for requiring the proper use of the land to bestserve the interests of the unit and its citizens.
(3) The costs of the projects.
(b) The planning, replanning, rehabilitation, development,redevelopment, and other preparation for reuse will do the following:
(1) Benefit the public health, safety, morals, and welfare.
(2) Increase the economic well-being of the unit and the state.
(3) Serve to protect and increase property values in the unit andthe state.
(c) The planning, replanning, rehabilitation, development,redevelopment, and other preparation for reuse of military bases andmilitary base property under this chapter are public uses and
purposes for which public money may be spent and private propertymay be acquired.
(d) Each unit shall, to the extent feasible under this chapter andconsistent with the needs of the unit as a whole, provide a maximumopportunity for reuse of federal military bases by private enterpriseor state and local government.
(e) This section shall be liberally construed to carry out thepurposes of this section.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-3
Establishment of reuse authority; taxing districts; consolidated city
Sec. 3. (a) A unit may establish a board of five (5) members to beknown as the "_________ Reuse Authority", designating the nameof the military base. Once a unit has established a reuse authority fora military base, no other unit may create a reuse authority for thatportion of the military base that lies within the boundaries of thatunit.
(b) All of the territory within the corporate boundaries of amunicipality constitutes a taxing district for the purpose of levyingand collecting special benefit taxes for reuse purposes as provided inthis chapter. All of the territory in a county constitutes a taxingdistrict for a county.
(c) All of the taxable property within a taxing district isconsidered to be benefited by reuse projects carried out under thischapter to the extent of the special taxes levied under this chapter.
(d) A county having a consolidated city may not establish a reuseauthority for a military base located in an excluded city without theapproval of the legislative body of the excluded city.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-4
Appointment of members to reuse authority
Sec. 4. (a) Except as provided in subsection (c), the five (5)members of a municipal military base reuse authority shall beappointed as follows:
(1) Three (3) members shall be appointed by the municipalexecutive.
(2) Two (2) members shall be appointed by the municipallegislative body.
(b) The five (5) members of a county military base reuse authorityshall be appointed by the county executive.
(c) The five (5) members of a municipal military base reuseauthority in an excluded city that is located in a county with aconsolidated city shall be appointed as follows:
(1) One (1) member shall be appointed by the executive of theexcluded city.
(2) One (1) member shall be appointed by the legislative bodyof the excluded city.
(3) One (1) member shall be appointed by the consolidated city
executive.
(4) One (1) member shall be appointed by the consolidated citylegislative body.
(5) One (1) member shall be appointed by the board of countycomissioners.
However, at least three (3) of the members must be residents of theexcluded city.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-5
Term of members; oath; bond; qualifications; reimbursement forexpenses
Sec. 5. (a) Except as provided in subsection (b), each member ofa military base reuse authority shall serve the longer of three (3)years beginning with the first day of January after the member'sappointment or until the member's successor has been appointed andqualified. If a vacancy occurs, a successor shall be appointed in thesame manner as the original member, and the successor shall servefor the remainder of the vacated term.
(b) In the case of a municipal military base reuse authority in anexcluded city located in a county with a consolidated city, theoriginal members shall serve for the following terms:
(1) A member appointed by the executive of the excluded cityor the consolidated city executive shall serve for the longer ofthree (3) years beginning with the first day of January after themember's appointment or until the member's successor isappointed and qualified.
(2) A member appointed by the legislative body of the excludedcity or the consolidated city legislative body shall serve for thelonger of one (1) year beginning with the first day of Januaryafter the member's appointment or until the member's successoris appointed and qualified.
(3) A member appointed by the board of county commissionersshall serve for the longer of two (2) years beginning with thefirst day of January after the member's appointment or until themember's successor is appointed and qualified.
(c) Each member of a reuse authority, before beginning themember's duties, shall take and subscribe an oath of office in theusual form, to be endorsed on the certificate of the member'sappointment. The endorsed certificate must be promptly filed withthe clerk for the unit that the member serves.
(d) Each member of a reuse authority, before beginning themember's duties, shall execute a bond payable to the state, withsurety to be approved by the executive of the unit. The bond must bein the penal sum of fifteen thousand dollars ($15,000) and must beconditioned on the faithful performance of the duties of the member'soffice and the accounting for all money and property that may comeinto the member's hands or under the member's control. The cost ofthe bond shall be paid by the special taxing district.
(e) A member of a reuse authority must be at least eighteen (18)
years of age and, except as provided in section 4(c) of this chapter,must be a resident of the unit responsible for the member'sappointment.
(f) If a member ceases to be qualified under this section, themember forfeits the member's office.
(g) Members of a reuse authority are not entitled to salaries butare entitled to reimbursement for expenses necessarily incurred in theperformance of their duties.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-6
Meetings; secretary-treasurer; rules; quorum
Sec. 6. (a) The reuse authority members shall hold a meeting forthe purpose of organization not later than thirty (30) days after theyare appointed and, after that, each year on the first day in Januarythat is not a Saturday, Sunday, or legal holiday. They shall chooseone (1) of their members as president, another as vice president, andanother as secretary-treasurer. These officers shall perform the dutiesusually concerning their offices and shall serve from the date of theirelection until their successors are elected and qualified.
(b) Except as otherwise provided in this chapter, thesecretary-treasurer shall be responsible for the funds and accounts ofthe reuse authority. The reuse authority may employ personnel forcompensation to assist the secretary-treasurer or may designate orappoint a fiscal officer of the unit or of another unit responsible forappointing one (1) or more reuse authority members to perform theduties that are delegated by the reuse authority and accepted by thefiscal officer.
(c) The members of a reuse authority may adopt rules and bylawsthe members consider necessary for the proper conduct ofproceedings, carrying out of the members' duties, and safeguardingthe money and property placed in the members' custody by thischapter. In addition to the annual meeting, the members may byresolution or in accordance with the rules and bylaws prescribe thedate and manner of notice of other regular or special meetings.
(d) Three (3) members of the reuse authority constitute a quorum,and the concurrence of three (3) members is necessary to authorizean action.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-7
Removal from office
Sec. 7. A member of a military base reuse authority may besummarily removed from office at any time by the government bodyor officer that appointed the member.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-8
Duties of reuse authority
Sec. 8. The military base reuse authority shall do the following: (1) Investigate, study, and survey the area surrounding and thereal property and structures that are part of a military basewithin the corporate boundaries of the unit.
(2) Investigate, study, and determine the means by whichmilitary base property may be reused by private enterprise topromote economic development within the unit or by state andlocal government to otherwise benefit the welfare of the citizensof the unit.
(3) Promote the reuse of military base property in the mannerthat best serves the interests of the unit and its inhabitants.
(4) Cooperate with the departments and agencies of the unit andof other governmental entities, including the state and thefederal government, in the manner that best serves the purposesof this chapter.
(5) Make findings and reports on their activities under thissection, and keep the reports available for inspection by thepublic.
(6) Select and acquire military base property to be reused byprivate enterprise or state or local government under thischapter.
(7) Transfer acquired military base property and other real andpersonal property to private enterprise or state or localgovernment in the manner that best serves the social andeconomic interests of the unit and the unit's inhabitants.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-9
Powers of reuse authority
Sec. 9. (a) The military base reuse authority may do the following:
(1) Acquire by purchase, exchange, gift, grant, condemnation,or lease, or any combination of methods, any personal militarybase property or interest in real military base property or otherreal or personal property located within the corporateboundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract,or other instrument), exchange, lease, rent, or otherwise disposeof real or personal military base property or other real andpersonal property to private enterprise or state or localgovernment, on the terms and conditions that the reuse authorityconsiders best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the realproperty acquired from a military base to any other departmentof the unit or to any other governmental agency for public ways,levees, sewerage, parks, playgrounds, schools, and other publicpurposes on any terms that may be agreed on.
(4) Clear real property acquired for the purposes of this chapter.
(5) Repair and maintain structures acquired for the purposes ofthis chapter.
(6) Remodel, rebuild, enlarge, or make major structuralimprovements on structures acquired from a military base. (7) Survey or examine any land to determine whether it shouldbe acquired for the purpose of this chapter and to determine thevalue of the land.
(8) Appear before any other department or agency of the unit orany other governmental agency in respect to any matteraffecting:
(A) real property acquired or being acquired for the purposesof this chapter; or
(B) any reuse area within the jurisdiction of the reuseauthority.
(9) Institute or defend in the name of the unit any civil action.
(10) Use any legal or equitable remedy that is necessary orconsidered proper to protect and enforce the rights of andperform the duties of the reuse authority.
(11) Exercise the power of eminent domain in the name of andwithin the corporate boundaries of the unit in the mannerprescribed by section 16 of this chapter.
(12) Appoint an executive director, appraisers, real estateexperts, engineers, architects, surveyors, attorneys, accountants,and other consultants that are necessary or desired by theauthority in exercising its powers or carrying out itsresponsibilities under this chapter.
(13) Appoint clerks, guards, laborers, and other employees thereuse authority considers advisable. However, the appointmentsmust be made in accordance with the merit system of the unit ifthe unit has a merit system.
(14) Prescribe the duties and regulate the compensation ofemployees of the military base reuse authority.
(15) Provide a pension and retirement system for employees ofthe military base reuse authority, or use the public employees'retirement fund or a retirement plan approved by the UnitedStates Department of Housing and Urban Development.
(16) Discharge and appoint successors to employees of themilitary base reuse authority subject to subdivision (13).
(17) Rent offices for use of the reuse authority or accept the useof offices furnished by the unit.
(18) Equip the offices of the reuse authority with the necessaryfurniture, furnishings, equipment, records, and supplies.
(19) Expend on behalf of the special taxing district all or anypart of the money of the special taxing district.
(20) Design, order, contract for, and construct, reconstruct,improve, or renovate the following:
(A) Local public improvements or structures that arenecessary for the reuse of military base property within thecorporate boundaries of the unit.
(B) Any structure that enhances the development, economicdevelopment, or reuse of military base property.
(21) Accept loans, grants, and other forms of financialassistance from the federal government, the state government,a municipal corporation, a special taxing district, a foundation,
or any other source.
(22) Provide financial assistance, in the manner that best servesthe purposes of this chapter, including grants and loans, toenable private enterprise to develop, redevelop, and reusemilitary base property or otherwise enable private enterprise toprovide social and economic benefits to the citizens of the unit.
(23) Enter into contracts for providing police, fire protection,and utility services to the military base reuse area.
(24) Make and enter into all contracts and agreements necessaryor incidental to the performance of the duties of the reuseauthority and the execution of the power of the reuse authorityunder this chapter.
(25) Take any action necessary to implement the purposes ofthe reuse authority.
(b) All powers that may be exercised under this chapter by thereuse authority may also be exercised by the reuse authority incarrying out its duties and purposes under IC 36-7-14.5 orIC 36-7-15.3.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-10
Plan and declaration of reuse area
Sec. 10. (a) The reuse authority shall adopt a plan for therehabilitation, development, redevelopment, and reuse of militarybase property to be acquired from the federal government upon theclosure of a military base within the boundaries of the unit.
(b) In conjunction with the military base reuse plan, the reuseauthority may adopt a resolution declaring that a geographic area isa military base reuse area and approving the plan if it makes thefollowing findings:
(1) All or part of a military base is located in the military basereuse area.
(2) The plan for the military base reuse area will accomplish thepublic purposes of this chapter, supported by specific findingsof fact to be adopted by the reuse authority.
(3) The public health and welfare will be benefited byaccomplishment of the plan for the military base reuse area.
(4) The plan for the military base reuse area conforms to otherdevelopment and redevelopment plans for the unit.
(c) A military base reuse area may include territory within thecorporate boundaries of the unit and in the vicinity of the militarybase that is not on military base property. However, a military basereuse area may not include any area of land that constitutes part of aneconomic development area, a redevelopment project area, or anurban renewal area under IC 36-7-14 or IC 36-7-15.1.
(d) The resolution must state the general boundaries of the area,and that the reuse authority proposes to acquire all of the interests inthe land within the boundaries, with certain designated exceptions,if there are any.
(e) For the purpose of adopting a resolution under subsection (b),
it is sufficient to describe the boundaries of the area by its locationin relation to public ways or streams, or otherwise, as determined bythe reuse authority. Property excepted from the acquisition may bedescribed by street numbers or location.
As added by P.L.26-1995, SEC.14. Amended by P.L.185-2005,SEC.52.
IC 36-7-30-11
Adoption of resolution
Sec. 11. (a) After adoption of a resolution under section 10 of thischapter, the reuse authority shall submit the resolution andsupporting data to the plan commission of the unit or other bodycharged with the duty of developing a general plan for the unit, ifthere is such a body. The plan commission may determine whetherthe resolution and the reuse plan conform to the plan of developmentfor the unit and approve or disapprove the resolution and planproposed. The reuse authority may amend or modify the resolutionand proposed plan to conform to the requirements of the plancommission. The plan commission shall issue a written orderapproving or disapproving the resolution and military base reuseplan, and may with the consent of the reuse authority rescind ormodify the order.
(b) The determination that a geographic area is a military basereuse area must be approved by the unit's legislative body.
(c) If a military base is located in an excluded city that is locatedin a county having a consolidated city, the determination that ageographic area is a military base reuse area must be approved by theexcluded city legislative body and the consolidated city legislativebody.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-12
Notice and hearing on adoption of resolution
Sec. 12. (a) After receipt of all orders and approvals requiredunder section 11 of this chapter, the reuse authority shall publishnotice of the adoption and the substance of the resolution inaccordance with IC 5-3-1. The notice must name a date when thereuse authority will receive and hear remonstrances and objectionsfrom persons interested in or affected by the proceedings concerningthe proposed project and will determine the public utility and benefitof the proposed project. All persons affected in any manner by thehearing, including all taxpayers of the special taxing district, shall beconsidered notified of the pendency of the hearing and of subsequentacts, hearings, adjournments, and orders of the reuse authority by thenotice given under this section.
(b) At the hearing, which may be adjourned from time to time, thereuse authority shall hear all persons interested in the proceedingsand shall consider all written remonstrances and objections that havebeen filed. After considering the evidence presented, the reuseauthority shall take final action determining the public utility and
benefit of the proposed project, and confirming, modifying andconfirming, or rescinding the resolution. The final action taken bythe reuse authority is final and conclusive, except that an appeal maybe taken in the manner prescribed by section 14 of this chapter.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-13
Amendments to resolution or plan
Sec. 13. (a) The reuse authority must conduct a public hearingbefore amending a resolution or plan for a military base reuse area.The reuse authority shall give notice of the hearing in accordancewith IC 5-3-1. The notice must do the following:
(1) Set forth the substance of the proposed amendment.
(2) State the time and place where written remonstrancesagainst the proposed amendment may be filed.
(3) Set forth the time and place of the hearing.
(4) State that the reuse authority will hear any person who hasfiled a written remonstrance during the filing period set forth insubdivision (2).
(b) For the purposes of this section, the consolidation of areas isnot considered the enlargement of the boundaries of an area.
(c) If the reuse authority proposes to amend a resolution or plan,the military base reuse authority is not required to have evidence ormake findings that were required for the establishment of the originalmilitary base reuse area. However, the reuse authority must make thefollowing findings before approving the amendment:
(1) The amendment is reasonable and appropriate whenconsidered in relation to the original resolution or plan and thepurposes of this chapter.
(2) The resolution or plan, with the proposed amendment,conforms to the comprehensive plan for the unit.
(d) Notwithstanding subsections (a) and (c), if the resolution orplan is proposed to be amended in a way that enlarges the originalboundaries of the area by more than twenty percent (20%), the reuseauthority must use the procedure provided for the originalestablishment of areas and must comply with sections 10 through 12of this chapter.
(e) At the hearing on the amendments, the reuse authority shallconsider written remonstrances that are filed. The action of the reuseauthority on the amendment is final and conclusive, except that anappeal of the reuse authority's action may be taken under section 14of this chapter.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-14
Appeal from final action of reuse authority
Sec. 14. (a) A person who filed a written remonstrance with thereuse authority under section 12 or 13 of this chapter and isaggrieved by the final action taken may not more than ten (10) daysafter that final action file in the office of the clerk of the circuit or
superior court a copy of the order of the reuse authority and person'sremonstrances against that order, together with the person's bondconditioned to pay the costs of the person's appeal if the appeal isdetermined against the person. The only ground of remonstrance thatthe court may hear is whether the proposed project will be of publicutility and benefit. The burden of proof is on the remonstrator.
(b) 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 not morethan thirty (30) days after the time of the filing of the appeal. Thecourt shall hear evidence on the remonstrances and may confirm thefinal action of the reuse authority or sustain the remonstrances. Thejudgment of the court is final and conclusive, unless an appeal istaken as in other civil actions.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-15
Purchase of property
Sec. 15. (a) If no appeal is taken or if an appeal is taken but isunsuccessful, the reuse authority shall proceed with the plan to theextent that money is available for that purpose.
(b) Negotiations for the purchase of property may be carried ondirectly by the reuse authority, by its employees, or by expertnegotiators, but no option, contract, or understanding relative to thepurchase of real property is binding on the reuse authority untilapproved and accepted by the reuse authority in writing. Payment forthe property purchased shall be made when and as directed by thereuse authority but only on delivery of proper instruments conveyingthe title or interest of the owner to the reuse authority or its designee.
(c) The acquisition of real and personal property by the reuseauthority under this chapter is not subject to the provisions ofIC 5-22, IC 36-1-10.5, or any other statutes governing the purchaseof property by public bodies or their agencies.
As added by P.L.26-1995, SEC.14. Amended by P.L.49-1997,SEC.80.
IC 36-7-30-16
Acquisition of property by eminent domain
Sec. 16. (a) If the reuse authority considers it necessary to acquirereal property in or serving a reuse area by the exercise of the powerof eminent domain, it shall adopt a resolution setting out itsdetermination to exercise that power and directing its attorney to filea petition in the name of the unit on behalf of the reuse authority, inthe circuit or superior court of the county in which the property issituated. The resolution must contain a finding by the reuse authoritythat the property to be acquired is in an area needing redevelopment(as defined in IC 36-7-1-3). The resolution must be approved by thelegislative body of the unit before the petition is filed.
(b) Eminent domain proceedings under this section are governedby IC 32-24 and other applicable statutory provisions for the exercise
of the power of eminent domain. Property already devoted to a publicuse may be acquired under this section, but property belonging to thestate or a political subdivision may not be acquired without theconsent of the state or the political subdivision.
(c) The court having jurisdiction shall direct the clerk of thecircuit court to execute a deed conveying the title of real propertyacquired under this section to the unit for the use and benefit of thereuse authority.
As added by P.L.26-1995, SEC.14. Amended by P.L.2-2002,SEC.118; P.L.185-2005, SEC.53.
IC 36-7-30-17
Clearing, maintenance, and replanning of area
Sec. 17. (a) The reuse authority may proceed with the clearing andreplanning of the area described in the resolution before theacquisition of all of the area. The reuse authority may also proceedwith the repair and maintenance of buildings that have been acquiredand are not to be cleared. This clearance, repair, and maintenancemay be carried out by labor employed directly by the reuse authorityor by contract. Contracts for clearance may provide that thecontractor is entitled to retain and dispose of salvaged material, as apart of the contract price or on the basis of stated prices for theamounts of the various materials actually salvaged.
(b) All contracts for material or labor under this section shall belet under IC 36-1.
(c) To the extent the reuse authority undertakes to engage in theplanning and rezoning of the real property acquired, the opening,closing, relocation, and improvement of public ways, and theconstruction, relocation, and improvement of levees, sewers, parkingfacilities, and utility services, the reuse authority shall proceed in thesame manner as private owners of the property. The reuse authoritymay negotiate with the proper officers and agencies of the unit tosecure the proper orders, approvals, and consents.
(d) Construction work required in connection with improvementsin the area described in the resolution may be carried out by thefollowing:
(1) The appropriate municipal or county department or agency.
(2) The reuse authority, if:
(A) all plans, specifications, and drawings are approved bythe appropriate department or agency; and
(B) the statutory procedures for the letting of contracts bythe appropriate department or agency are followed by thereuse authority.
(e) The reuse authority may pay any charges or assessments madeon account of orders, approvals, consents, and construction workunder this section, or may agree to pay the assessments ininstallments as provided by statute in the case of private owners. Thereuse authority may do the following:
(1) By special waiver filed with the municipal works board orcounty executive, waive the statutory procedure and notices
required by law in order to create valid liens on privateproperty.
(2) Cause any assessments to be spread on a different basis thanthat provided by statute.
(f) The real property acquired under this chapter may not be setaside and dedicated for public ways, parking facilities, sewers,levees, parks, or other public purposes until the reuse authority hasobtained the consent and approval of the department or agency underwhose jurisdiction the property will be placed.
(g) The reuse authority may negotiate for the sale, lease, or otherdisposition of real and personal property without complying with theprovisions of IC 36-1-11 or any other statute governing thedisposition of public property. A conveyance under this section maynot be made until the agreed consideration has been paid, unless thereuse authority passes a resolution expressly providing that theconsideration does not have to be paid before the conveyance ismade. The resolution may provide for a mortgage or other security.All deeds, leases, land sale contracts, or other conveyances shall beexecuted in the name of the reuse authority and shall be signed by thepresident or vice president of the reuse authority and attested by thesecretary-treasurer. A seal is not required on these instruments or anyother instruments executed in the name of the reuse authority.Proceeds from the sale, lease, or other disposition of property may bedeposited in any fund and used for any purpose permitted under thischapter, as directed by the reuse authority.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-18
Issuance of bonds
Sec. 18. (a) In addition to other methods of raising money forproperty acquisition, redevelopment, or economic developmentactivities in or directly serving or benefiting a military base reusearea, and in anticipation of the taxes allocated under section 25 ofthis chapter, other revenues of the district, or any combination ofthese sources, the reuse authority may by resolution issue the bondsof the special taxing district in the name of the unit.
(b) The reuse authority shall certify a copy of the resolutionauthorizing the bonds to the municipal or county fiscal officer, whoshall then prepare the bonds. The seal of the unit must be impressedon the bonds or a facsimile of the seal must be printed on the bonds.
(c) The bonds must be executed by the appropriate officer of theunit, and attested by the unit's fiscal officer.
(d) The bonds are exempt from taxation for all purposes.
(e) Bonds issued under this section may be sold at public sale inaccordance with IC 5-1-11 or at a negotiated sale.
(f) The bonds are not a corporate obligation of the unit but are anindebtedness of the taxing district. The bonds and interest arepayable, as set forth in the bond resolution of the reuse authority,from any of the following:
(1) The tax proceeds allocated under section 25 of this chapter. (2) Other revenues available to the reuse authority.
(3) A combination of the methods stated in subdivisions (1)through (2).
If the bonds are payable solely from the tax proceeds allocated undersection 25 of this chapter, other revenues of the reuse authority, orany combination of these sources, the bonds may be issued in anyamount without limitation.
(g) Proceeds from the sale of bonds may be used to pay the costof interest on the bonds for a period not to exceed five (5) years afterthe date of issuance.
(h) All laws relating to the filing of petitions requesting theissuance of bonds and the right of taxpayers and voters toremonstrate against the issuance of bonds do not apply to bondsissued under this chapter.
(i) If a debt service reserve is created from the proceeds of bonds,the debt service reserve may be used to pay principal and interest onthe bonds as provided in the bond resolution.
(j) If bonds are issued under this chapter that are payable solelyor in part from revenues of the reuse authority, the reuse authoritymay adopt a resolution or trust indenture or enter into covenants asis customary in the issuance of revenue bonds. The resolution or trustindenture may pledge or assign revenues of the reuse authority andproperties becoming available to the reuse authority under thischapter. The resolution or trust indenture may also contain provisionsfor protecting and enforcing the rights and remedies of the bondowners as may be reasonable and proper and not in violation of law,including a covenant setting forth the duties of the reuse authority.The reuse authority may establish fees and charges for the use of anyproject and covenant with the owners of any bonds to set the fees andcharges at a rate sufficient to protect the interest of the owners of thebonds. Revenue bonds issued by the reuse authority that are payablesolely from revenues of the reuse authority shall contain a statementto that effect in the form of the bond.
As added by P.L.26-1995, SEC.14. Amended by P.L.228-1997,SEC.2; P.L.219-2007, SEC.134.
IC 36-7-30-19
Lease of property
Sec. 19. (a) A reuse authority may enter into a lease of anyproperty that could be financed with the proceeds of bonds issuedunder this chapter with a lessor for a term not to exceed fifty (50)years and the lease may provide for payments to be made by thereuse authority from taxes allocated under section 25 of this chapter,any other revenues available to the reuse authority, or anycombination of these sources.
(b) A lease may provide that payments by the reuse authority tothe lessor are required only to the extent and only for the period thatthe lessor is able to provide the leased facilities in accordance withthe lease. The terms of each lease must be based upon the value ofthe facilities leased and may not create a debt of the unit or the
district for purposes of the Constitution of the State of Indiana.
(c) A lease may be entered into by the reuse authority only aftera public hearing by the reuse authority at which all interested partiesare provided the opportunity to be heard. After the public hearing,the reuse authority may adopt a resolution authorizing the executionof the lease on behalf of the unit if the reuse authority finds that theservice to be provided throughout the term of the lease will serve thepublic purpose of the unit and is in the best interests of its residents.Any lease approved by a resolution of the reuse authority must beapproved by the fiscal body of the unit.
(d) A reuse authority entering into a lease payable from allocatedtaxes under section 25 of this chapter or other available funds of thereuse authority may do the following:
(1) Pledge the revenue to make payments under the lease underIC 5-1-14-4.
(2) Establish a special fund to make the payments.
(e) Lease payments may be limited to money in the special fundso that the obligations of the reuse authority to make the lease rentalpayments are not considered a debt of the unit or the district forpurposes of the Constitution of the State of Indiana.
(f) Except as provided in this section, approvals of anygovernmental body or agency are not required before the reuseauthority may enter into a lease under this section.
(g) If a reuse authority exercises an option to buy a leased facilityfrom a lessor, the reuse authority may subsequently sell the leasedfacility, without regard to any other statute, to the lessor at the endof the lease term at a price set forth in the lease or at fair marketvalue established at the time of the sale by the reuse authoritythrough auction, appraisal, or negotiation. If the facility is sold atauction, after appraisal or through negotiation, the reuse authorityshall conduct a hearing after public notice in accordance withIC 5-3-1 before the sale. Any action to contest the sale must bebrought not more than fifteen (15) days after the hearing.
(h) Notwithstanding this section, a reuse authority may negotiateand enter into leases of property from the United States or anydepartment or agency of the United States without complying withthe requirements of this section.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-20
Lessor of property
Sec. 20. (a) Any of the following persons may lease facilitiesreferred to in section 19 of this chapter to a military base reuseauthority under this chapter:
(1) A for-profit or nonprofit corporation organized underIndiana law or admitted to do business in Indiana.
(2) A partnership, an association, a limited liability company,or a firm.
(3) An individual.
(4) With respect to all reuse authorities located in a county that
does not have a consolidated city, a redevelopment authorityestablished under IC 36-7-14.5.
(5) With respect to all reuse authorities located in a county witha consolidated city, an authority established under IC 36-7-15.3.
(b) Notwithstanding any other law, a lessor under this section andsection 19 of this chapter is a qualified entity for purposes ofIC 5-1.4.
(c) Notwithstanding any other law, a military base reuse facilityleased by the reuse authority under this chapter from a lessorborrowing bond proceeds from a unit under IC 36-7-12 is aneconomic development facility for purposes of IC 36-7-11.9-3 andIC 36-7-12.
(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, paymentsby a reuse authority to a lessor described in subsection (c) may bemade from sources set forth in section 19 of this chapter if thepayments and the lease are structured to prevent the lease obligationfrom constituting a debt of the unit or the district for purposes of theConstitution of the State of Indiana.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-21
Covenant and pledge of revenues
Sec. 21. (a) Notwithstanding any other law, the legislative bodymay pledge revenues received or to be received by the unit from:
(1) the unit's distributive share of the county option income taxunder IC 6-3.5-6;
(2) the unit's distributive share of the county economicdevelopment income tax under IC 6-3.5-7;
(3) any other source legally available to the unit for thepurposes of this chapter; or
(4) any combination of revenues under subdivisions (1) through(3);
in any amount to pay amounts payable under section 18 or 19 of thischapter.
(b) The legislative body may covenant to adopt an ordinance toincrease its tax rate under the county option income tax, countyeconomic development income tax, or any other revenues at the timeit is necessary to raise funds to pay any amounts payable undersection 18 or 19 of this chapter.
(c) The reuse authority may pledge revenues received or to bereceived from any source legally available to the reuse authority forthe purposes of this chapter in any amount to pay amounts payableunder section 18 or 19 of this chapter.
(d) The pledge or covenant under this section may be for the termof the bonds issued under section 18 of this chapter, the term of alease entered into under section 19 of this chapter, or for a shorterperiod as determined by the legislative body. Money pledged by thelegislative body under this section shall be considered revenues orother money available to the reuse authority under sections 18through 19 of this chapter. (e) The general assembly covenants not to impair this pledge orcovenant as long as any bonds issued under section 18 of this chapterare outstanding or as long as any lease entered into under section 19of this chapter is still in effect. The pledge or covenant shall beenforced as provided in IC 5-1-14-4.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-22
Deposits to military base reuse district capital fund and generalfund
Sec. 22. (a) All proceeds from the sale of bonds under section 18of this chapter shall be kept as a separate and specific fund to pay theexpenses incurred in connection with the property acquisition,redevelopment, and economic development of the military base reusearea. The fund shall be known as the military base reuse districtcapital fund.
(b) All gifts or donations that are given or paid to the reuseauthority or to the unit for military base reuse purposes shall bepromptly deposited to the credit of the military base reuse districtgeneral fund unless otherwise directed by the grantor. The reuseauthority may use these gifts and donations for the purposes of thischapter.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-23
Payments from funds
Sec. 23. (a) All payments from any of the funds established bythis chapter shall be made by warrants drawn by thesecretary-treasurer or the secretary-treasurer's agent under section 6of this chapter on vouchers of the reuse authority signed by thepresident or vice president and the secretary-treasurer or executivedirector. An appropriation is not necessary, but all money raisedunder this chapter is considered appropriated to the respectivepurposes stated and is under the control of the reuse authority. Thereuse authority has complete and exclusive authority to expend themoney for the purposes provided.
(b) Each fund established by this chapter is a continuing fund anddoes not revert to the general fund of the unit at the end of thecalendar year.
As added by P.L.26-1995, SEC.14.
IC 36-7-30-24
Activities financed by bonds, notes, or warrants
Sec. 24. (a) In order to finance activities authorized under thischapter, the reuse authority may apply for and accept advances, shortterm and long term loans, grants, contributions, and any other formof financial assistance from the federal government, or from any ofits agencies. The reuse authority may also enter into and carry outcontracts and agreements in connection with that financial assistanceupon the terms and conditions that the reuse authority considers
reasonable and appropriate, if those terms and conditions are notinconsistent with the purposes of this chapter. The provisions of sucha contract or an agreement in regard to the handling, deposit, andapplication of project funds, as well as all other provisions, are validand binding on the unit or its executive departments and officers, aswell as the reuse authority, notwithstanding any other provision ofthis chapter.
(b) The reuse authority may issue and sell bonds, notes, orwarrants to the federal government to evidence short term or longterm loans made under this section, without notice of sale beinggiven or a public offering being made.
(c) Notwithstanding the provisions of this chapter or any otherlaw, the bonds, notes, or warrants issued by the reuse authority underthis section may:
(1) be in the amounts, form, or denomination;
(2) be either coupon or registered;
(3) carry conversion or other privileges;
(4) have a rank or priority;
(5) be of such description;
(6) be secured, subject to other provisions of this section, insuch manner;
(7) bear interest at a rate or rates;
(8) be payable as to both principal and interest in a medium ofpayment, at time or times, which may be upon demand, and ata place or places;
(9) be subject to terms of redemption, with or without premium;
(10) contain or be subject to any covenants, conditions, andprovisions; and
(11) have any other characteristics;
that the reuse authority considers reasonable and appropriate.
(d) Bonds, notes, or warrants issued under this section are not anindebtedness of the unit or taxing district within the meaning of anyconstitutional or statutory limitation of indebtedness. The bonds,notes, or warrants are not payable from or secured by a levy of taxes,but are payable only from and secured only by any combination of:
(1) income funds;
(2) properties of the project becoming available to the reuseauthority under this chapter; or
(3) any other legally available revenues of the reuse authority;
as the reuse authority specifies in the resolution authorizing theirissuance.
(e) Bonds, notes, or warrants issued under this section are exemptfrom taxation for all purposes.
(f) Bonds, notes, or warrants issued under this section must beexecuted by the appropriate officers of the unit and must be attestedby the appropriate officers of the unit.
(g) Following the adoption of the resolution authorizing theissuance of bonds, notes, or warrants under this section, the reuseauthority shall certify a copy of that resolution to the officers of theunit who have duties with respect to bonds, notes, or warrants of the
unit. At the proper time, the reuse authority shall deliver to theofficers the unexecuted bonds, notes, or warrants prepared forexecution in accordance with the resolution.
(h) All bonds, notes, or warrants issued under this section shall besold by the officers of the unit who have duties with respect to thesale of bonds, notes, or warrants of the unit. If an officer whosesignature appears on any bonds, notes, or warrants issued under thissection leaves office before their delivery, the signature remainsvalid and sufficient for all purposes as if the officer had remained inoffice until the delivery.
(i) If at any time during the life of a loan contract or agreementunder this section the reuse authority can obtain loans for thepurposes of this section from sources other than the federalgovernment at interest rates not less favorable than provided in theloan contract or agreement, and if the loan contract or agreement sopermits, the reuse authority may do so and may pledge the loancontract and any rights under the contract as security for therepayment of the loans obtained from other sources. A loan underthis subsection may be evidenced by bonds, notes, or warrants issuedand secured in the same manner as provided in this section for loansfrom the federal government. The bonds, notes, or warrants may besold at either public or private sale, as the reuse authority considersappropriate.
(j) Money obtained from the federal government or from othersources under this section, and money that is required by a contractor an agreement under this section to be used for project expenditurepurposes, repayment of survey and planning advances, or repaymentof temporary or definitive loans may be expended by the reuseauthority without regard to any law concerning the making andapproval of budgets, appropriations, and expenditures.
(k) Bonds, notes, or warrants issued under this section aredeclared to be issued for an essential public and governmentalpurpose.
As added by P.L.26-1995, SEC.14. Amended by P.L.228-1997,SEC.3.
IC 36-7-30-25
Allocation areas; allocation and distribution of property taxes
Sec. 25. (a) The following definitions apply throughout thissection:
(1) "Allocation area" means that part of a military base reusearea to which an allocation provision of a declaratory resolutionadopted under section 10 of this chapter refers for purposes ofdistribution and allocation of property taxes.
(2) "Base assessed value" means:
(A) the net assessed value of all the property as finallydetermined for the assessment date immediately precedingthe adoption date of the allocation provision of thedeclaratory resolution, as adjusted under subsection (h); plus
(B) to the extent that it is not included in clause (A) or (C),
the net assessed value of any and all parcels or classes ofparcels identified as part of the base assessed value in thedeclaratory resolution or an amendment thereto, as finallydetermined for any subsequent assessment date; plus
(C) to the extent that it is not included in clause (A) or (B),the net assessed value of property that is assessed asresidential property under the rules of the department oflocal government finance, as finally determined for anyassessment date after the effective date of the allocationprovision.
Clause (C) applies only to allocation areas established in amilitary reuse area after June 30, 1997, and to the part of anallocation area that was established before June 30, 1997, andthat is added to an existing allocation area after June 30, 1997.
(3) "Property taxes" means taxes imposed under IC 6-1.1 onreal property.
(b) A declaratory resolution adopted under section 10 of thischapter before the date set forth in IC 36-7-14-39(b) pertaining todeclaratory resolutions adopted under IC 36-7-14-15 may include aprovision with respect to the allocation and distribution of propertytaxes for the purposes and in the manner provided in this section. Adeclaratory resolution previously adopted may include an allocationprovision by the amendment of that declaratory resolution inaccordance with the procedures set forth in section 13 of this chapter.The allocation provision may apply to all or part of the military basereuse area. The allocation provision must require that any propertytaxes subsequently levied by or for the benefit of any public bodyentitled to a distribution of property taxes on taxable property in theallocation area be allocated and distributed as follows:
(1) Except as otherwise provided in this section, the proceedsof the taxes attributable to the lesser of:
(A) the assessed value of the property for the assessmentdate with respect to which the allocation and distribution ismade; or
(B) the base assessed value;
shall be allocated to and, when collected, paid into the funds ofthe respective taxing units.
(2) Except as otherwise provided in this section, property taxproceeds in excess of those described in subdivision (1) shall beallocated to the military base reuse district and, when collected,paid into an allocation fund for that allocation area that may beused by the military base reuse district and only to do one (1) ormore of the following:
(A) Pay the principal of and interest and redemptionpremium on any obligations incurred by the military basereuse district or any other entity for the purpose of financingor refinancing military base reuse activities in or directlyserving or benefiting that allocation area.
(B) Establish, augment, or restore the debt service reservefor bonds payable solely or in part from allocated tax
proceeds in that allocation area or from other revenues of thereuse authority, including lease rental revenues.
(C) Make payments on leases payable solely or in part fromallocated tax proceeds in that allocation area.
(D) Reimburse any other governmental body forexpenditures made for local public improvements (orstructures) in or directly serving or benefiting that allocationarea.
(E) Pay expenses incurred by the reuse authority, any otherdepartment of the unit, or a department of anothergovernmental entity for local public improvements orstructures that are in the allocation area or directly servingor benefiting the allocation area, including expenses for theoperation and maintenance of these local publicimprovements or structures if the reuse authority determinesthose operation and maintenance expenses are necessary ordesirable to carry out the purposes of this chapter.
(F) Reimburse public and private entities for expensesincurred in training employees of industrial facilities that arelocated:
(i) in the allocation area; and
(ii) on a parcel of real property that has been classified asindustrial property under the rules of the department oflocal government finance.
However, the total amount of money spent for this purposein any year may not exceed the total amount of money in theallocation fund that is attributable to property taxes paid bythe industrial facilities described in this clause. Thereimbursements under this clause must be made not morethan three (3) years after the date on which the investmentsthat are the basis for the increment financing are made.
Except as provided in clause (E), the allocation fund may not beused for operating expenses of the reuse authority.
(3) Except as provided in subsection (g), before July 15 of eachyear the reuse authority shall do the following:
(A) Determine the amount, if any, by which property taxespayable to the allocation fund in the following year willexceed the amount of property taxes necessary to make,when due, principal and interest payments on bondsdescribed in subdivision (2) plus the amount necessary forother purposes described in subdivision (2).
(B) Provide a written notice to the county auditor, the fiscalbody of the unit that established the reuse authority, and theofficers who are authorized to fix budgets, tax rates, and taxlevies under IC 6-1.1-17-5 for each of the other taxing unitsthat is wholly or partly located within the allocation area.The notice must:
(i) state the amount, if any, of excess property taxes thatthe reuse authority has determined may be paid to therespective taxing units in the manner prescribed in
subdivision (1); or
(ii) state that the reuse authority has determined that thereare no excess property tax proceeds t