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 part
of a military base is located.
(b) As used in sections 18 and 24 of this chapter, "bonds" means
bonds, notes, evidences of indebtedness, or other obligations issued
by the reuse authority in the name of the unit.
(c) As used in this chapter, "military base" means a United States
government military base or other military installation that is
scheduled for closing or is completely or partially inactive or closed.
(d) As used in this chapter, "military base property" means real
and personal property that is currently or was formerly part of a
military base and is subject to reuse.
(e) As used in this chapter, "municipal utility" means a utility that
is owned by a municipality and provides at least one (1) of the
following:
(1) Water services.
(2) Sewer services.
(3) Electric services.
(4) Stormwater services.
(f) As used in this chapter, "reuse authority" means a military base
reuse 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 and
military base property are public and governmental functions that
cannot be accomplished through the ordinary operations of private
enterprise because of the following:
(1) The provisions of federal law that provide for the
expeditious and affordable transfer of military base property to
an entity established by local government for these purposes.
(2) The necessity for requiring the proper use of the land to best
serve 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 and
the state.
(c) The planning, replanning, rehabilitation, development,
redevelopment, and other preparation for reuse of military bases and
military base property under this chapter are public uses and
purposes for which public money may be spent and private property
may be acquired.
(d) Each unit shall, to the extent feasible under this chapter and
consistent with the needs of the unit as a whole, provide a maximum
opportunity for reuse of federal military bases by private enterprise
or state and local government.
(e) This section shall be liberally construed to carry out the
purposes 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 be
known as the "_________ Reuse Authority", designating the name
of the military base. Once a unit has established a reuse authority for
a military base, no other unit may create a reuse authority for that
portion of the military base that lies within the boundaries of that
unit.
(b) All of the territory within the corporate boundaries of a
municipality constitutes a taxing district for the purpose of levying
and collecting special benefit taxes for reuse purposes as provided in
this chapter. All of the territory in a county constitutes a taxing
district for a county.
(c) All of the taxable property within a taxing district is
considered to be benefited by reuse projects carried out under this
chapter to the extent of the special taxes levied under this chapter.
(d) A county having a consolidated city may not establish a reuse
authority for a military base located in an excluded city without the
approval 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 be
appointed as follows:
(1) Three (3) members shall be appointed by the municipal
executive.
(2) Two (2) members shall be appointed by the municipal
legislative body.
(b) The five (5) members of a county military base reuse authority
shall be appointed by the county executive.
(c) The five (5) members of a municipal military base reuse
authority in an excluded city that is located in a county with a
consolidated city shall be appointed as follows:
(1) One (1) member shall be appointed by the executive of the
excluded city.
(2) One (1) member shall be appointed by the legislative body
of 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 city
legislative body.
(5) One (1) member shall be appointed by the board of county
comissioners.
However, at least three (3) of the members must be residents of the
excluded city. As added by P.L.26-1995, SEC.14.
IC 36-7-30-5 Term of members; oath; bond; qualifications; reimbursement for
expenses
Sec. 5. (a) Except as provided in subsection (b), each member of
a military base reuse authority shall serve the longer of three (3)
years beginning with the first day of January after the member's
appointment or until the member's successor has been appointed and
qualified. If a vacancy occurs, a successor shall be appointed in the
same manner as the original member, and the successor shall serve
for the remainder of the vacated term.
(b) In the case of a municipal military base reuse authority in an
excluded city located in a county with a consolidated city, the
original members shall serve for the following terms:
(1) A member appointed by the executive of the excluded city
or the consolidated city executive shall serve for the longer of
three (3) years beginning with the first day of January after the
member's appointment or until the member's successor is
appointed and qualified.
(2) A member appointed by the legislative body of the excluded
city or the consolidated city legislative body shall serve for the
longer of one (1) year beginning with the first day of January
after the member's appointment or until the member's successor
is appointed and qualified.
(3) A member appointed by the board of county commissioners
shall serve for the longer of two (2) years beginning with the
first day of January after the member's appointment or until the
member's successor is appointed and qualified.
(c) Each member of a reuse authority, before beginning the
member's duties, shall take and subscribe an oath of office in the
usual form, to be endorsed on the certificate of the member's
appointment. The endorsed certificate must be promptly filed with
the clerk for the unit that the member serves.
(d) Each member of a reuse authority, before beginning the
member's duties, shall execute a bond payable to the state, with
surety to be approved by the executive of the unit. The bond must be
in the penal sum of fifteen thousand dollars ($15,000) and must be
conditioned on the faithful performance of the duties of the member's
office and the accounting for all money and property that may come
into the member's hands or under the member's control. The cost of
the 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's
appointment.
(f) If a member ceases to be qualified under this section, the
member forfeits the member's office.
(g) Members of a reuse authority are not entitled to salaries but
are entitled to reimbursement for expenses necessarily incurred in the
performance 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 for
the purpose of organization not later than thirty (30) days after they
are appointed and, after that, each year on the first day in January
that is not a Saturday, Sunday, or legal holiday. They shall choose
one (1) of their members as president, another as vice president, and
another as secretary-treasurer. These officers shall perform the duties
usually concerning their offices and shall serve from the date of their
election until their successors are elected and qualified.
(b) Except as otherwise provided in this chapter, the
secretary-treasurer shall be responsible for the funds and accounts of
the reuse authority. The reuse authority may employ personnel for
compensation to assist the secretary-treasurer or may designate or
appoint a fiscal officer of the unit or of another unit responsible for
appointing one (1) or more reuse authority members to perform the
duties that are delegated by the reuse authority and accepted by the
fiscal officer.
(c) The members of a reuse authority may adopt rules and bylaws
the members consider necessary for the proper conduct of
proceedings, carrying out of the members' duties, and safeguarding
the money and property placed in the members' custody by this
chapter. In addition to the annual meeting, the members may by
resolution or in accordance with the rules and bylaws prescribe the
date 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 authorize
an 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 be
summarily removed from office at any time by the government body
or 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 the
real property and structures that are part of a military base
within the corporate boundaries of the unit.
(2) Investigate, study, and determine the means by which
military base property may be reused by private enterprise to
promote economic development within the unit or by state and
local government to otherwise benefit the welfare of the citizens
of the unit.
(3) Promote the reuse of military base property in the manner
that best serves the interests of the unit and its inhabitants.
(4) Cooperate with the departments and agencies of the unit and
of other governmental entities, including the state and the
federal government, in the manner that best serves the purposes
of this chapter.
(5) Make findings and reports on their activities under this
section, and keep the reports available for inspection by the
public.
(6) Select and acquire military base property to be reused by
private enterprise or state or local government under this
chapter.
(7) Transfer acquired military base property and other real and
personal property to private enterprise or state or local
government in the manner that best serves the social and
economic 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 military
base property or interest in real military base property or other
real or personal property located within the corporate
boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract,
or other instrument), exchange, lease, rent, or otherwise dispose
of real or personal military base property or other real and
personal property to private enterprise or state or local
government, on the terms and conditions that the reuse authority
considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real
property acquired from a military base to any other department
of the unit or to any other governmental agency for public ways,
levees, sewerage, parks, playgrounds, schools, and other public
purposes 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 of
this chapter.
(6) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired from a military base.
(7) Survey or examine any land to determine whether it should
be acquired for the purpose of this chapter and to determine the
value of the land.
(8) Appear before any other department or agency of the unit or
any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for the purposes
of this chapter; or
(B) any reuse area within the jurisdiction of the reuse
authority.
(9) Institute or defend in the name of the unit any civil action.
(10) Use any legal or equitable remedy that is necessary or
considered proper to protect and enforce the rights of and
perform the duties of the reuse authority.
(11) Exercise the power of eminent domain in the name of and
within the corporate boundaries of the unit in the manner
prescribed by section 16 of this chapter.
(12) Appoint an executive director, appraisers, real estate
experts, engineers, architects, surveyors, attorneys, accountants,
and other consultants that are necessary or desired by the
authority in exercising its powers or carrying out its
responsibilities under this chapter.
(13) Appoint clerks, guards, laborers, and other employees the
reuse authority considers advisable. However, the appointments
must be made in accordance with the merit system of the unit if
the unit has a merit system.
(14) Prescribe the duties and regulate the compensation of
employees of the military base reuse authority.
(15) Provide a pension and retirement system for employees of
the military base reuse authority, or use the public employees'
retirement fund or a retirement plan approved by the United
States Department of Housing and Urban Development.
(16) Discharge and appoint successors to employees of the
military base reuse authority subject to subdivision (13).
(17) Rent offices for use of the reuse authority or accept the use
of offices furnished by the unit.
(18) Equip the offices of the reuse authority with the necessary
furniture, furnishings, equipment, records, and supplies.
(19) Expend on behalf of the special taxing district all or any
part 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 are
necessary for the reuse of military base property within the
corporate boundaries of the unit.
(B) Any structure that enhances the development, economic
development, or reuse of military base property.
(21) Accept loans, grants, and other forms of financial
assistance 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 serves
the purposes of this chapter, including grants and loans, to
enable private enterprise to develop, redevelop, and reuse
military base property or otherwise enable private enterprise to
provide 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 necessary
or incidental to the performance of the duties of the reuse
authority and the execution of the power of the reuse authority
under this chapter.
(25) Take any action necessary to implement the purposes of
the reuse authority.
(b) All powers that may be exercised under this chapter by the
reuse authority may also be exercised by the reuse authority in
carrying out its duties and purposes under IC 36-7-14.5 or
IC 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 the
rehabilitation, development, redevelopment, and reuse of military
base property to be acquired from the federal government upon the
closure of a military base within the boundaries of the unit.
(b) In conjunction with the military base reuse plan, the reuse
authority may adopt a resolution declaring that a geographic area is
a military base reuse area and approving the plan if it makes the
following findings:
(1) All or part of a military base is located in the military base
reuse area.
(2) The plan for the military base reuse area will accomplish the
public purposes of this chapter, supported by specific findings
of fact to be adopted by the reuse authority.
(3) The public health and welfare will be benefited by
accomplishment of the plan for the military base reuse area.
(4) The plan for the military base reuse area conforms to other
development and redevelopment plans for the unit.
(c) A military base reuse area may include territory within the
corporate boundaries of the unit and in the vicinity of the military
base that is not on military base property. However, a military base
reuse area may not include any area of land that constitutes part of an
economic development area, a redevelopment project area, or an
urban 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 in
the 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 location
in relation to public ways or streams, or otherwise, as determined by
the reuse authority. Property excepted from the acquisition may be
described 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 this
chapter, the reuse authority shall submit the resolution and
supporting data to the plan commission of the unit or other body
charged with the duty of developing a general plan for the unit, if
there is such a body. The plan commission may determine whether
the resolution and the reuse plan conform to the plan of development
for the unit and approve or disapprove the resolution and plan
proposed. The reuse authority may amend or modify the resolution
and proposed plan to conform to the requirements of the plan
commission. The plan commission shall issue a written order
approving or disapproving the resolution and military base reuse
plan, and may with the consent of the reuse authority rescind or
modify the order.
(b) The determination that a geographic area is a military base
reuse area must be approved by the unit's legislative body.
(c) If a military base is located in an excluded city that is located
in a county having a consolidated city, the determination that a
geographic area is a military base reuse area must be approved by the
excluded city legislative body and the consolidated city legislative
body. 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 required
under section 11 of this chapter, the reuse authority shall publish
notice of the adoption and the substance of the resolution in
accordance with IC 5-3-1. The notice must name a date when the
reuse authority will receive and hear remonstrances and objections
from persons interested in or affected by the proceedings concerning
the proposed project and will determine the public utility and benefit
of the proposed project. All persons affected in any manner by the
hearing, including all taxpayers of the special taxing district, shall be
considered notified of the pendency of the hearing and of subsequent
acts, hearings, adjournments, and orders of the reuse authority by the
notice given under this section.
(b) At the hearing, which may be adjourned from time to time, the
reuse authority shall hear all persons interested in the proceedings
and shall consider all written remonstrances and objections that have
been filed. After considering the evidence presented, the reuse
authority shall take final action determining the public utility and
benefit of the proposed project, and confirming, modifying and
confirming, or rescinding the resolution. The final action taken by
the reuse authority is final and conclusive, except that an appeal may
be 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 hearing
before amending a resolution or plan for a military base reuse area.
The reuse authority shall give notice of the hearing in accordance
with 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 remonstrances
against 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 has
filed a written remonstrance during the filing period set forth in
subdivision (2).
(b) For the purposes of this section, the consolidation of areas is
not 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 or
make findings that were required for the establishment of the original
military base reuse area. However, the reuse authority must make the
following findings before approving the amendment:
(1) The amendment is reasonable and appropriate when
considered in relation to the original resolution or plan and the
purposes 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 or
plan is proposed to be amended in a way that enlarges the original
boundaries of the area by more than twenty percent (20%), the reuse
authority must use the procedure provided for the original
establishment of areas and must comply with sections 10 through 12
of this chapter.
(e) At the hearing on the amendments, the reuse authority shall
consider written remonstrances that are filed. The action of the reuse
authority on the amendment is final and conclusive, except that an
appeal of the reuse authority's action may be taken under section 14
of 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 the
reuse authority under section 12 or 13 of this chapter and is
aggrieved by the final action taken may not more than ten (10) days
after 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's
remonstrances against that order, together with the person's bond
conditioned to pay the costs of the person's appeal if the appeal is
determined against the person. The only ground of remonstrance that
the court may hear is whether the proposed project will be of public
utility and benefit. The burden of proof is on the remonstrator.
(b) An appeal under this section shall be promptly heard by the
court without a jury. All remonstrances upon which an appeal has
been taken shall be consolidated and heard and determined not more
than thirty (30) days after the time of the filing of the appeal. The
court shall hear evidence on the remonstrances and may confirm the
final action of the reuse authority or sustain the remonstrances. The
judgment of the court is final and conclusive, unless an appeal is
taken 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 is
unsuccessful, the reuse authority shall proceed with the plan to the
extent that money is available for that purpose.
(b) Negotiations for the purchase of property may be carried on
directly by the reuse authority, by its employees, or by expert
negotiators, but no option, contract, or understanding relative to the
purchase of real property is binding on the reuse authority until
approved and accepted by the reuse authority in writing. Payment for
the property purchased shall be made when and as directed by the
reuse authority but only on delivery of proper instruments conveying
the title or interest of the owner to the reuse authority or its designee.
(c) The acquisition of real and personal property by the reuse
authority under this chapter is not subject to the provisions of
IC 5-22, IC 36-1-10.5, or any other statutes governing the purchase
of 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 acquire
real property in or serving a reuse area by the exercise of the power
of eminent domain, it shall adopt a resolution setting out its
determination to exercise that power and directing its attorney to file
a petition in the name of the unit on behalf of the reuse authority, in
the circuit or superior court of the county in which the property is
situated. The resolution must contain a finding by the reuse authority
that 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 the
legislative body of the unit before the petition is filed.
(b) Eminent domain proceedings under this section are governed
by IC 32-24 and other applicable statutory provisions for the exercise
of the power of eminent domain. Property already devoted to a public
use may be acquired under this section, but property belonging to the
state or a political subdivision may not be acquired without the
consent of the state or the political subdivision.
(c) The court having jurisdiction shall direct the clerk of the
circuit court to execute a deed conveying the title of real property
acquired under this section to the unit for the use and benefit of the
reuse 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 and
replanning of the area described in the resolution before the
acquisition of all of the area. The reuse authority may also proceed
with the repair and maintenance of buildings that have been acquired
and are not to be cleared. This clearance, repair, and maintenance
may be carried out by labor employed directly by the reuse authority
or by contract. Contracts for clearance may provide that the
contractor is entitled to retain and dispose of salvaged material, as a
part of the contract price or on the basis of stated prices for the
amounts of the various materials actually salvaged.
(b) All contracts for material or labor under this section shall be
let under IC 36-1.
(c) To the extent the reuse authority undertakes to engage in the
planning and rezoning of the real property acquired, the opening,
closing, relocation, and improvement of public ways, and the
construction, relocation, and improvement of levees, sewers, parking
facilities, and utility services, the reuse authority shall proceed in the
same manner as private owners of the property. The reuse authority
may negotiate with the proper officers and agencies of the unit to
secure the proper orders, approvals, and consents.
(d) Construction work required in connection with improvements
in the area described in the resolution may be carried out by the
following:
(1) The appropriate municipal or county department or agency.
(2) The reuse authority, if:
(A) all plans, specifications, and drawings are approved by
the appropriate department or agency; and
(B) the statutory procedures for the letting of contracts by
the appropriate department or agency are followed by the
reuse authority.
(e) The reuse authority may pay any charges or assessments made
on account of orders, approvals, consents, and construction work
under this section, or may agree to pay the assessments in
installments as provided by statute in the case of private owners. The
reuse authority may do the following:
(1) By special waiver filed with the municipal works board or
county executive, waive the statutory procedure and notices
required by law in order to create valid liens on private
property.
(2) Cause any assessments to be spread on a different basis than
that provided by statute.
(f) The real property acquired under this chapter may not be set
aside and dedicated for public ways, parking facilities, sewers,
levees, parks, or other public purposes until the reuse authority has
obtained the consent and approval of the department or agency under
whose jurisdiction the property will be placed.
(g) The reuse authority may negotiate for the sale, lease, or other
disposition of real and personal property without complying with the
provisions of IC 36-1-11 or any other statute governing the
disposition of public property. A conveyance under this section may
not be made until the agreed consideration has been paid, unless the
reuse authority passes a resolution expressly providing that the
consideration does not have to be paid before the conveyance is
made. The resolution may provide for a mortgage or other security.
All deeds, leases, land sale contracts, or other conveyances shall be
executed in the name of the reuse authority and shall be signed by the
president or vice president of the reuse authority and attested by the
secretary-treasurer. A seal is not required on these instruments or any
other instruments executed in the name of the reuse authority.
Proceeds from the sale, lease, or other disposition of property may be
deposited in any fund and used for any purpose permitted under this
chapter, 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 for
property acquisition, redevelopment, or economic development
activities in or directly serving or benefiting a military base reuse
area, and in anticipation of the taxes allocated under section 25 of
this chapter, other revenues of the district, or any combination of
these sources, the reuse authority may by resolution issue the bonds
of the special taxing district in the name of the unit.
(b) The reuse authority shall certify a copy of the resolution
authorizing the bonds to the municipal or county fiscal officer, who
shall then prepare the bonds. The seal of the unit must be impressed
on 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 the
unit, 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 in
accordance with IC 5-1-11 or at a negotiated sale.
(f) The bonds are not a corporate obligation of the unit but are an
indebtedness of the taxing district. The bonds and interest are
payable, 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 under
section 25 of this chapter, other revenues of the reuse authority, or
any combination of these sources, the bonds may be issued in any
amount without limitation.
(g) Proceeds from the sale of bonds may be used to pay the cost
of interest on the bonds for a period not to exceed five (5) years after
the date of issuance.
(h) All laws relating to the filing of petitions requesting the
issuance of bonds and the right of taxpayers and voters to
remonstrate against the issuance of bonds do not apply to bonds
issued 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 on
the bonds as provided in the bond resolution.
(j) If bonds are issued under this chapter that are payable solely
or in part from revenues of the reuse authority, the reuse authority
may adopt a resolution or trust indenture or enter into covenants as
is customary in the issuance of revenue bonds. The resolution or trust
indenture may pledge or assign revenues of the reuse authority and
properties becoming available to the reuse authority under this
chapter. The resolution or trust indenture may also contain provisions
for protecting and enforcing the rights and remedies of the bond
owners 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 any
project and covenant with the owners of any bonds to set the fees and
charges at a rate sufficient to protect the interest of the owners of the
bonds. Revenue bonds issued by the reuse authority that are payable
solely from revenues of the reuse authority shall contain a statement
to 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 any
property that could be financed with the proceeds of bonds issued
under 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 the
reuse authority from taxes allocated under section 25 of this chapter,
any other revenues available to the reuse authority, or any
combination of these sources.
(b) A lease may provide that payments by the reuse authority to
the lessor are required only to the extent and only for the period that
the lessor is able to provide the leased facilities in accordance with
the lease. The terms of each lease must be based upon the value of
the 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 after
a public hearing by the reuse authority at which all interested parties
are provided the opportunity to be heard. After the public hearing,
the reuse authority may adopt a resolution authorizing the execution
of the lease on behalf of the unit if the reuse authority finds that the
service to be provided throughout the term of the lease will serve the
public purpose of the unit and is in the best interests of its residents.
Any lease approved by a resolution of the reuse authority must be
approved by the fiscal body of the unit.
(d) A reuse authority entering into a lease payable from allocated
taxes under section 25 of this chapter or other available funds of the
reuse authority may do the following:
(1) Pledge the revenue to make payments under the lease under
IC 5-1-14-4.
(2) Establish a special fund to make the payments.
(e) Lease payments may be limited to money in the special fund
so that the obligations of the reuse authority to make the lease rental
payments are not considered a debt of the unit or the district for
purposes of the Constitution of the State of Indiana.
(f) Except as provided in this section, approvals of any
governmental body or agency are not required before the reuse
authority may enter into a lease under this section.
(g) If a reuse authority exercises an option to buy a leased facility
from a lessor, the reuse authority may subsequently sell the leased
facility, without regard to any other statute, to the lessor at the end
of the lease term at a price set forth in the lease or at fair market
value established at the time of the sale by the reuse authority
through auction, appraisal, or negotiation. If the facility is sold at
auction, after appraisal or through negotiation, the reuse authority
shall conduct a hearing after public notice in accordance with
IC 5-3-1 before the sale. Any action to contest the sale must be
brought not more than fifteen (15) days after the hearing.
(h) Notwithstanding this section, a reuse authority may negotiate
and enter into leases of property from the United States or any
department or agency of the United States without complying with
the 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 facilities
referred to in section 19 of this chapter to a military base reuse
authority under this chapter:
(1) A for-profit or nonprofit corporation organized under
Indiana 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 authority
established under IC 36-7-14.5.
(5) With respect to all reuse authorities located in a county with
a consolidated city, an authority established under IC 36-7-15.3.
(b) Notwithstanding any other law, a lessor under this section and
section 19 of this chapter is a qualified entity for purposes of
IC 5-1.4.
(c) Notwithstanding any other law, a military base reuse facility
leased by the reuse authority under this chapter from a lessor
borrowing bond proceeds from a unit under IC 36-7-12 is an
economic development facility for purposes of IC 36-7-11.9-3 and
IC 36-7-12.
(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments
by a reuse authority to a lessor described in subsection (c) may be
made from sources set forth in section 19 of this chapter if the
payments and the lease are structured to prevent the lease obligation
from constituting a debt of the unit or the district for purposes of the
Constitution 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 body
may pledge revenues received or to be received by the unit from:
(1) the unit's distributive share of the county option income tax
under IC 6-3.5-6;
(2) the unit's distributive share of the county economic
development income tax under IC 6-3.5-7;
(3) any other source legally available to the unit for the
purposes 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 this
chapter.
(b) The legislative body may covenant to adopt an ordinance to
increase its tax rate under the county option income tax, county
economic development income tax, or any other revenues at the time
it is necessary to raise funds to pay any amounts payable under
section 18 or 19 of this chapter.
(c) The reuse authority may pledge revenues received or to be
received from any source legally available to the reuse authority for
the purposes of this chapter in any amount to pay amounts payable
under section 18 or 19 of this chapter.
(d) The pledge or covenant under this section may be for the term
of the bonds issued under section 18 of this chapter, the term of a
lease entered into under section 19 of this chapter, or for a shorter
period as determined by the legislative body. Money pledged by the
legislative body under this section shall be considered revenues or
other money available to the reuse authority under sections 18
through 19 of this chapter.
(e) The general assembly covenants not to impair this pledge or
covenant as long as any bonds issued under section 18 of this chapter
are outstanding or as long as any lease entered into under section 19
of this chapter is still in effect. The pledge or covenant shall be
enforced 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 general
fund
Sec. 22. (a) All proceeds from the sale of bonds under section 18
of this chapter shall be kept as a separate and specific fund to pay the
expenses incurred in connection with the property acquisition,
redevelopment, and economic development of the military base reuse
area. The fund shall be known as the military base reuse district
capital fund.
(b) All gifts or donations that are given or paid to the reuse
authority or to the unit for military base reuse purposes shall be
promptly deposited to the credit of the military base reuse district
general fund unless otherwise directed by the grantor. The reuse
authority may use these gifts and donations for the purposes of this
chapter. 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 by
this chapter shall be made by warrants drawn by the
secretary-treasurer or the secretary-treasurer's agent under section 6
of this chapter on vouchers of the reuse authority signed by the
president or vice president and the secretary-treasurer or executive
director. An appropriation is not necessary, but all money raised
under this chapter is considered appropriated to the respective
purposes stated and is under the control of the reuse authority. The
reuse authority has complete and exclusive authority to expend the
money for the purposes provided.
(b) Each fund established by this chapter is a continuing fund and
does not revert to the general fund of the unit at the end of the
calendar 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 this
chapter, the reuse authority may apply for and accept advances, short
term and long term loans, grants, contributions, and any other form
of financial assistance from the federal government, or from any of
its agencies. The reuse authority may also enter into and carry out
contracts and agreements in connection with that financial assistance
upon the terms and conditions that the reuse authority considers
reasonable and appropriate, if those terms and conditions are not
inconsistent with the purposes of this chapter. The provisions of such
a contract or an agreement in regard to the handling, deposit, and
application of project funds, as well as all other provisions, are valid
and binding on the unit or its executive departments and officers, as
well as the reuse authority, notwithstanding any other provision of
this chapter.
(b) The reuse authority may issue and sell bonds, notes, or
warrants to the federal government to evidence short term or long
term loans made under this section, without notice of sale being
given or a public offering being made.
(c) Notwithstanding the provisions of this chapter or any other
law, the bonds, notes, or warrants issued by the reuse authority under
this 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, in
such manner;
(7) bear interest at a rate or rates;
(8) be payable as to both principal and interest in a medium of
payment, at time or times, which may be upon demand, and at
a place or places;
(9) be subject to terms of redemption, with or without premium;
(10) contain or be subject to any covenants, conditions, and
provisions; 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 an
indebtedness of the unit or taxing district within the meaning of any
constitutional 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 reuse
authority under this chapter; or
(3) any other legally available revenues of the reuse authority;
as the reuse authority specifies in the resolution authorizing their
issuance.
(e) Bonds, notes, or warrants issued under this section are exempt
from taxation for all purposes.
(f) Bonds, notes, or warrants issued under this section must be
executed by the appropriate officers of the unit and must be attested
by the appropriate officers of the unit.
(g) Following the adoption of the resolution authorizing the
issuance of bonds, notes, or warrants under this section, the reuse
authority shall certify a copy of that resolution to the officers of the
unit who have duties with respect to bonds, notes, or warrants of the
unit. At the proper time, the reuse authority shall deliver to the
officers the unexecuted bonds, notes, or warrants prepared for
execution in accordance with the resolution.
(h) All bonds, notes, or warrants issued under this section shall be
sold by the officers of the unit who have duties with respect to the
sale of bonds, notes, or warrants of the unit. If an officer whose
signature appears on any bonds, notes, or warrants issued under this
section leaves office before their delivery, the signature remains
valid and sufficient for all purposes as if the officer had remained in
office until the delivery.
(i) If at any time during the life of a loan contract or agreement
under this section the reuse authority can obtain loans for the
purposes of this section from sources other than the federal
government at interest rates not less favorable than provided in the
loan contract or agreement, and if the loan contract or agreement so
permits, the reuse authority may do so and may pledge the loan
contract and any rights under the contract as security for the
repayment of the loans obtained from other sources. A loan under
this subsection may be evidenced by bonds, notes, or warrants issued
and secured in the same manner as provided in this section for loans
from the federal government. The bonds, notes, or warrants may be
sold at either public or private sale, as the reuse authority considers
appropriate.
(j) Money obtained from the federal government or from other
sources under this section, and money that is required by a contract
or an agreement under this section to be used for project expenditure
purposes, repayment of survey and planning advances, or repayment
of temporary or definitive loans may be expended by the reuse
authority without regard to any law concerning the making and
approval of budgets, appropriations, and expenditures.
(k) Bonds, notes, or warrants issued under this section are
declared to be issued for an essential public and governmental
purpose. 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 this
section:
(1) "Allocation area" means that part of a military base reuse
area to which an allocation provision of a declaratory resolution
adopted under section 10 of this chapter refers for purposes of
distribution and allocation of property taxes.
(2) "Base assessed value" means:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding
the adoption date of the allocation provision of the
declaratory 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 of
parcels identified as part of the base assessed value in the
declaratory resolution or an amendment thereto, as finally
determined 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 as
residential property under the rules of the department of
local government finance, as finally determined for any
assessment date after the effective date of the allocation
provision.
Clause (C) applies only to allocation areas established in a
military reuse area after June 30, 1997, and to the part of an
allocation area that was established before June 30, 1997, and
that is added to an existing allocation area after June 30, 1997.
(3) "Property taxes" means taxes imposed under IC 6-1.1 on
real property.
(b) A declaratory resolution adopted under section 10 of this
chapter before the date set forth in IC 36-7-14-39(b) pertaining to
declaratory resolutions adopted under IC 36-7-14-15 may include a
provision with respect to the allocation and distribution of property
taxes for the purposes and in the manner provided in this section. A
declaratory resolution previously adopted may include an allocation
provision by the amendment of that declaratory resolution in
accordance with the procedures set forth in section 13 of this chapter.
The allocation provision may apply to all or part of the military base
reuse area. The allocation provision must require that any property
taxes subsequently levied by or for the benefit of any public body
entitled to a distribution of property taxes on taxable property in the
allocation area be allocated and distributed as follows:
(1) Except as otherwise provided in this section, the proceeds
of the taxes attributable to the lesser of:
(A) the assessed value of the property for the assessment
date with respect to which the allocation and distribution is
made; or
(B) the base assessed value;
shall be allocated to and, when collected, paid into the funds of
the respective taxing units.
(2) Except as otherwise provided in this section, property tax
proceeds in excess of those described in subdivision (1) shall be
allocated to the military base reuse district and, when collected,
paid into an allocation fund for that allocation area that may be
used by the military base reuse district and only to do one (1) or
more of the following:
(A) Pay the principal of and interest and redemption
premium on any obligations incurred by the military base
reuse district or any other entity for the purpose of financing
or refinancing military base reuse activities in or directly
serving or benefiting that allocation area.
(B) Establish, augment, or restore the debt service reserve
for bonds payable solely or in part from allocated tax
proceeds in that allocation area or from other revenues of the
reuse authority, including lease rental revenues.
(C) Make payments on leases payable solely or in part from
allocated tax proceeds in that allocation area.
(D) Reimburse any other governmental body for
expenditures made for local public improvements (or
structures) in or directly serving or benefiting that allocation
area.
(E) Pay expenses incurred by the reuse authority, any other
department of the unit, or a department of another
governmental entity for local public improvements or
structures that are in the allocation area or directly serving
or benefiting the allocation area, including expenses for the
operation and maintenance of these local public
improvements or structures if the reuse authority determines
those operation and maintenance expenses are necessary or
desirable to carry out the purposes of this chapter.
(F) Reimburse public and private entities for expenses
incurred in training employees of industrial facilities that are
located:
(i) in the allocation area; and
(ii) on a parcel of real property that has been classified as
industrial property under the rules of the department of
local government finance.
However, the total amount of money spent for this purpose
in any year may not exceed the total amount of money in the
allocation fund that is attributable to property taxes paid by
the industrial facilities described in this clause. The
reimbursements under this clause must be made not more
than three (3) years after the date on which the investments
that are the basis for the increment financing are made.
Except as provided in clause (E), the allocation fund may not be
used for operating expenses of the reuse authority.
(3) Except as provided in subsection (g), before July 15 of each
year the reuse authority shall do the following:
(A) Determine the amount, if any, by which property taxes
payable to the allocation fund in the following year will
exceed the amount of property taxes necessary to make,
when due, principal and interest payments on bonds
described in subdivision (2) plus the amount necessary for
other purposes described in subdivision (2).
(B) Provide a written notice to the county auditor, the fiscal
body of the unit that established the reuse authority, and the
officers who are authorized to fix budgets, tax rates, and tax
levies under IC 6-1.1-17-5 for each of the other taxing units
that is wholly or partly located within the allocation area.
The notice must:
(i) state the amount, if any, of excess property taxes that
the reuse authority has determined may be paid to the
respective taxing units in the manner prescribed in
subdivision (1); or
(ii) state that the reuse authority has determined that there
are no excess property tax proceeds t
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 part
of a military base is located.
(b) As used in sections 18 and 24 of this chapter, "bonds" means
bonds, notes, evidences of indebtedness, or other obligations issued
by the reuse authority in the name of the unit.
(c) As used in this chapter, "military base" means a United States
government military base or other military installation that is
scheduled for closing or is completely or partially inactive or closed.
(d) As used in this chapter, "military base property" means real
and personal property that is currently or was formerly part of a
military base and is subject to reuse.
(e) As used in this chapter, "municipal utility" means a utility that
is owned by a municipality and provides at least one (1) of the
following:
(1) Water services.
(2) Sewer services.
(3) Electric services.
(4) Stormwater services.
(f) As used in this chapter, "reuse authority" means a military base
reuse 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 and
military base property are public and governmental functions that
cannot be accomplished through the ordinary operations of private
enterprise because of the following:
(1) The provisions of federal law that provide for the
expeditious and affordable transfer of military base property to
an entity established by local government for these purposes.
(2) The necessity for requiring the proper use of the land to best
serve 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 and
the state.
(c) The planning, replanning, rehabilitation, development,
redevelopment, and other preparation for reuse of military bases and
military base property under this chapter are public uses and
purposes for which public money may be spent and private property
may be acquired.
(d) Each unit shall, to the extent feasible under this chapter and
consistent with the needs of the unit as a whole, provide a maximum
opportunity for reuse of federal military bases by private enterprise
or state and local government.
(e) This section shall be liberally construed to carry out the
purposes 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 be
known as the "_________ Reuse Authority", designating the name
of the military base. Once a unit has established a reuse authority for
a military base, no other unit may create a reuse authority for that
portion of the military base that lies within the boundaries of that
unit.
(b) All of the territory within the corporate boundaries of a
municipality constitutes a taxing district for the purpose of levying
and collecting special benefit taxes for reuse purposes as provided in
this chapter. All of the territory in a county constitutes a taxing
district for a county.
(c) All of the taxable property within a taxing district is
considered to be benefited by reuse projects carried out under this
chapter to the extent of the special taxes levied under this chapter.
(d) A county having a consolidated city may not establish a reuse
authority for a military base located in an excluded city without the
approval 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 be
appointed as follows:
(1) Three (3) members shall be appointed by the municipal
executive.
(2) Two (2) members shall be appointed by the municipal
legislative body.
(b) The five (5) members of a county military base reuse authority
shall be appointed by the county executive.
(c) The five (5) members of a municipal military base reuse
authority in an excluded city that is located in a county with a
consolidated city shall be appointed as follows:
(1) One (1) member shall be appointed by the executive of the
excluded city.
(2) One (1) member shall be appointed by the legislative body
of 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 city
legislative body.
(5) One (1) member shall be appointed by the board of county
comissioners.
However, at least three (3) of the members must be residents of the
excluded city. As added by P.L.26-1995, SEC.14.
IC 36-7-30-5 Term of members; oath; bond; qualifications; reimbursement for
expenses
Sec. 5. (a) Except as provided in subsection (b), each member of
a military base reuse authority shall serve the longer of three (3)
years beginning with the first day of January after the member's
appointment or until the member's successor has been appointed and
qualified. If a vacancy occurs, a successor shall be appointed in the
same manner as the original member, and the successor shall serve
for the remainder of the vacated term.
(b) In the case of a municipal military base reuse authority in an
excluded city located in a county with a consolidated city, the
original members shall serve for the following terms:
(1) A member appointed by the executive of the excluded city
or the consolidated city executive shall serve for the longer of
three (3) years beginning with the first day of January after the
member's appointment or until the member's successor is
appointed and qualified.
(2) A member appointed by the legislative body of the excluded
city or the consolidated city legislative body shall serve for the
longer of one (1) year beginning with the first day of January
after the member's appointment or until the member's successor
is appointed and qualified.
(3) A member appointed by the board of county commissioners
shall serve for the longer of two (2) years beginning with the
first day of January after the member's appointment or until the
member's successor is appointed and qualified.
(c) Each member of a reuse authority, before beginning the
member's duties, shall take and subscribe an oath of office in the
usual form, to be endorsed on the certificate of the member's
appointment. The endorsed certificate must be promptly filed with
the clerk for the unit that the member serves.
(d) Each member of a reuse authority, before beginning the
member's duties, shall execute a bond payable to the state, with
surety to be approved by the executive of the unit. The bond must be
in the penal sum of fifteen thousand dollars ($15,000) and must be
conditioned on the faithful performance of the duties of the member's
office and the accounting for all money and property that may come
into the member's hands or under the member's control. The cost of
the 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's
appointment.
(f) If a member ceases to be qualified under this section, the
member forfeits the member's office.
(g) Members of a reuse authority are not entitled to salaries but
are entitled to reimbursement for expenses necessarily incurred in the
performance 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 for
the purpose of organization not later than thirty (30) days after they
are appointed and, after that, each year on the first day in January
that is not a Saturday, Sunday, or legal holiday. They shall choose
one (1) of their members as president, another as vice president, and
another as secretary-treasurer. These officers shall perform the duties
usually concerning their offices and shall serve from the date of their
election until their successors are elected and qualified.
(b) Except as otherwise provided in this chapter, the
secretary-treasurer shall be responsible for the funds and accounts of
the reuse authority. The reuse authority may employ personnel for
compensation to assist the secretary-treasurer or may designate or
appoint a fiscal officer of the unit or of another unit responsible for
appointing one (1) or more reuse authority members to perform the
duties that are delegated by the reuse authority and accepted by the
fiscal officer.
(c) The members of a reuse authority may adopt rules and bylaws
the members consider necessary for the proper conduct of
proceedings, carrying out of the members' duties, and safeguarding
the money and property placed in the members' custody by this
chapter. In addition to the annual meeting, the members may by
resolution or in accordance with the rules and bylaws prescribe the
date 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 authorize
an 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 be
summarily removed from office at any time by the government body
or 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 the
real property and structures that are part of a military base
within the corporate boundaries of the unit.
(2) Investigate, study, and determine the means by which
military base property may be reused by private enterprise to
promote economic development within the unit or by state and
local government to otherwise benefit the welfare of the citizens
of the unit.
(3) Promote the reuse of military base property in the manner
that best serves the interests of the unit and its inhabitants.
(4) Cooperate with the departments and agencies of the unit and
of other governmental entities, including the state and the
federal government, in the manner that best serves the purposes
of this chapter.
(5) Make findings and reports on their activities under this
section, and keep the reports available for inspection by the
public.
(6) Select and acquire military base property to be reused by
private enterprise or state or local government under this
chapter.
(7) Transfer acquired military base property and other real and
personal property to private enterprise or state or local
government in the manner that best serves the social and
economic 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 military
base property or interest in real military base property or other
real or personal property located within the corporate
boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract,
or other instrument), exchange, lease, rent, or otherwise dispose
of real or personal military base property or other real and
personal property to private enterprise or state or local
government, on the terms and conditions that the reuse authority
considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real
property acquired from a military base to any other department
of the unit or to any other governmental agency for public ways,
levees, sewerage, parks, playgrounds, schools, and other public
purposes 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 of
this chapter.
(6) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired from a military base.
(7) Survey or examine any land to determine whether it should
be acquired for the purpose of this chapter and to determine the
value of the land.
(8) Appear before any other department or agency of the unit or
any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for the purposes
of this chapter; or
(B) any reuse area within the jurisdiction of the reuse
authority.
(9) Institute or defend in the name of the unit any civil action.
(10) Use any legal or equitable remedy that is necessary or
considered proper to protect and enforce the rights of and
perform the duties of the reuse authority.
(11) Exercise the power of eminent domain in the name of and
within the corporate boundaries of the unit in the manner
prescribed by section 16 of this chapter.
(12) Appoint an executive director, appraisers, real estate
experts, engineers, architects, surveyors, attorneys, accountants,
and other consultants that are necessary or desired by the
authority in exercising its powers or carrying out its
responsibilities under this chapter.
(13) Appoint clerks, guards, laborers, and other employees the
reuse authority considers advisable. However, the appointments
must be made in accordance with the merit system of the unit if
the unit has a merit system.
(14) Prescribe the duties and regulate the compensation of
employees of the military base reuse authority.
(15) Provide a pension and retirement system for employees of
the military base reuse authority, or use the public employees'
retirement fund or a retirement plan approved by the United
States Department of Housing and Urban Development.
(16) Discharge and appoint successors to employees of the
military base reuse authority subject to subdivision (13).
(17) Rent offices for use of the reuse authority or accept the use
of offices furnished by the unit.
(18) Equip the offices of the reuse authority with the necessary
furniture, furnishings, equipment, records, and supplies.
(19) Expend on behalf of the special taxing district all or any
part 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 are
necessary for the reuse of military base property within the
corporate boundaries of the unit.
(B) Any structure that enhances the development, economic
development, or reuse of military base property.
(21) Accept loans, grants, and other forms of financial
assistance 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 serves
the purposes of this chapter, including grants and loans, to
enable private enterprise to develop, redevelop, and reuse
military base property or otherwise enable private enterprise to
provide 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 necessary
or incidental to the performance of the duties of the reuse
authority and the execution of the power of the reuse authority
under this chapter.
(25) Take any action necessary to implement the purposes of
the reuse authority.
(b) All powers that may be exercised under this chapter by the
reuse authority may also be exercised by the reuse authority in
carrying out its duties and purposes under IC 36-7-14.5 or
IC 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 the
rehabilitation, development, redevelopment, and reuse of military
base property to be acquired from the federal government upon the
closure of a military base within the boundaries of the unit.
(b) In conjunction with the military base reuse plan, the reuse
authority may adopt a resolution declaring that a geographic area is
a military base reuse area and approving the plan if it makes the
following findings:
(1) All or part of a military base is located in the military base
reuse area.
(2) The plan for the military base reuse area will accomplish the
public purposes of this chapter, supported by specific findings
of fact to be adopted by the reuse authority.
(3) The public health and welfare will be benefited by
accomplishment of the plan for the military base reuse area.
(4) The plan for the military base reuse area conforms to other
development and redevelopment plans for the unit.
(c) A military base reuse area may include territory within the
corporate boundaries of the unit and in the vicinity of the military
base that is not on military base property. However, a military base
reuse area may not include any area of land that constitutes part of an
economic development area, a redevelopment project area, or an
urban 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 in
the 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 location
in relation to public ways or streams, or otherwise, as determined by
the reuse authority. Property excepted from the acquisition may be
described 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 this
chapter, the reuse authority shall submit the resolution and
supporting data to the plan commission of the unit or other body
charged with the duty of developing a general plan for the unit, if
there is such a body. The plan commission may determine whether
the resolution and the reuse plan conform to the plan of development
for the unit and approve or disapprove the resolution and plan
proposed. The reuse authority may amend or modify the resolution
and proposed plan to conform to the requirements of the plan
commission. The plan commission shall issue a written order
approving or disapproving the resolution and military base reuse
plan, and may with the consent of the reuse authority rescind or
modify the order.
(b) The determination that a geographic area is a military base
reuse area must be approved by the unit's legislative body.
(c) If a military base is located in an excluded city that is located
in a county having a consolidated city, the determination that a
geographic area is a military base reuse area must be approved by the
excluded city legislative body and the consolidated city legislative
body. 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 required
under section 11 of this chapter, the reuse authority shall publish
notice of the adoption and the substance of the resolution in
accordance with IC 5-3-1. The notice must name a date when the
reuse authority will receive and hear remonstrances and objections
from persons interested in or affected by the proceedings concerning
the proposed project and will determine the public utility and benefit
of the proposed project. All persons affected in any manner by the
hearing, including all taxpayers of the special taxing district, shall be
considered notified of the pendency of the hearing and of subsequent
acts, hearings, adjournments, and orders of the reuse authority by the
notice given under this section.
(b) At the hearing, which may be adjourned from time to time, the
reuse authority shall hear all persons interested in the proceedings
and shall consider all written remonstrances and objections that have
been filed. After considering the evidence presented, the reuse
authority shall take final action determining the public utility and
benefit of the proposed project, and confirming, modifying and
confirming, or rescinding the resolution. The final action taken by
the reuse authority is final and conclusive, except that an appeal may
be 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 hearing
before amending a resolution or plan for a military base reuse area.
The reuse authority shall give notice of the hearing in accordance
with 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 remonstrances
against 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 has
filed a written remonstrance during the filing period set forth in
subdivision (2).
(b) For the purposes of this section, the consolidation of areas is
not 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 or
make findings that were required for the establishment of the original
military base reuse area. However, the reuse authority must make the
following findings before approving the amendment:
(1) The amendment is reasonable and appropriate when
considered in relation to the original resolution or plan and the
purposes 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 or
plan is proposed to be amended in a way that enlarges the original
boundaries of the area by more than twenty percent (20%), the reuse
authority must use the procedure provided for the original
establishment of areas and must comply with sections 10 through 12
of this chapter.
(e) At the hearing on the amendments, the reuse authority shall
consider written remonstrances that are filed. The action of the reuse
authority on the amendment is final and conclusive, except that an
appeal of the reuse authority's action may be taken under section 14
of 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 the
reuse authority under section 12 or 13 of this chapter and is
aggrieved by the final action taken may not more than ten (10) days
after 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's
remonstrances against that order, together with the person's bond
conditioned to pay the costs of the person's appeal if the appeal is
determined against the person. The only ground of remonstrance that
the court may hear is whether the proposed project will be of public
utility and benefit. The burden of proof is on the remonstrator.
(b) An appeal under this section shall be promptly heard by the
court without a jury. All remonstrances upon which an appeal has
been taken shall be consolidated and heard and determined not more
than thirty (30) days after the time of the filing of the appeal. The
court shall hear evidence on the remonstrances and may confirm the
final action of the reuse authority or sustain the remonstrances. The
judgment of the court is final and conclusive, unless an appeal is
taken 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 is
unsuccessful, the reuse authority shall proceed with the plan to the
extent that money is available for that purpose.
(b) Negotiations for the purchase of property may be carried on
directly by the reuse authority, by its employees, or by expert
negotiators, but no option, contract, or understanding relative to the
purchase of real property is binding on the reuse authority until
approved and accepted by the reuse authority in writing. Payment for
the property purchased shall be made when and as directed by the
reuse authority but only on delivery of proper instruments conveying
the title or interest of the owner to the reuse authority or its designee.
(c) The acquisition of real and personal property by the reuse
authority under this chapter is not subject to the provisions of
IC 5-22, IC 36-1-10.5, or any other statutes governing the purchase
of 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 acquire
real property in or serving a reuse area by the exercise of the power
of eminent domain, it shall adopt a resolution setting out its
determination to exercise that power and directing its attorney to file
a petition in the name of the unit on behalf of the reuse authority, in
the circuit or superior court of the county in which the property is
situated. The resolution must contain a finding by the reuse authority
that 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 the
legislative body of the unit before the petition is filed.
(b) Eminent domain proceedings under this section are governed
by IC 32-24 and other applicable statutory provisions for the exercise
of the power of eminent domain. Property already devoted to a public
use may be acquired under this section, but property belonging to the
state or a political subdivision may not be acquired without the
consent of the state or the political subdivision.
(c) The court having jurisdiction shall direct the clerk of the
circuit court to execute a deed conveying the title of real property
acquired under this section to the unit for the use and benefit of the
reuse 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 and
replanning of the area described in the resolution before the
acquisition of all of the area. The reuse authority may also proceed
with the repair and maintenance of buildings that have been acquired
and are not to be cleared. This clearance, repair, and maintenance
may be carried out by labor employed directly by the reuse authority
or by contract. Contracts for clearance may provide that the
contractor is entitled to retain and dispose of salvaged material, as a
part of the contract price or on the basis of stated prices for the
amounts of the various materials actually salvaged.
(b) All contracts for material or labor under this section shall be
let under IC 36-1.
(c) To the extent the reuse authority undertakes to engage in the
planning and rezoning of the real property acquired, the opening,
closing, relocation, and improvement of public ways, and the
construction, relocation, and improvement of levees, sewers, parking
facilities, and utility services, the reuse authority shall proceed in the
same manner as private owners of the property. The reuse authority
may negotiate with the proper officers and agencies of the unit to
secure the proper orders, approvals, and consents.
(d) Construction work required in connection with improvements
in the area described in the resolution may be carried out by the
following:
(1) The appropriate municipal or county department or agency.
(2) The reuse authority, if:
(A) all plans, specifications, and drawings are approved by
the appropriate department or agency; and
(B) the statutory procedures for the letting of contracts by
the appropriate department or agency are followed by the
reuse authority.
(e) The reuse authority may pay any charges or assessments made
on account of orders, approvals, consents, and construction work
under this section, or may agree to pay the assessments in
installments as provided by statute in the case of private owners. The
reuse authority may do the following:
(1) By special waiver filed with the municipal works board or
county executive, waive the statutory procedure and notices
required by law in order to create valid liens on private
property.
(2) Cause any assessments to be spread on a different basis than
that provided by statute.
(f) The real property acquired under this chapter may not be set
aside and dedicated for public ways, parking facilities, sewers,
levees, parks, or other public purposes until the reuse authority has
obtained the consent and approval of the department or agency under
whose jurisdiction the property will be placed.
(g) The reuse authority may negotiate for the sale, lease, or other
disposition of real and personal property without complying with the
provisions of IC 36-1-11 or any other statute governing the
disposition of public property. A conveyance under this section may
not be made until the agreed consideration has been paid, unless the
reuse authority passes a resolution expressly providing that the
consideration does not have to be paid before the conveyance is
made. The resolution may provide for a mortgage or other security.
All deeds, leases, land sale contracts, or other conveyances shall be
executed in the name of the reuse authority and shall be signed by the
president or vice president of the reuse authority and attested by the
secretary-treasurer. A seal is not required on these instruments or any
other instruments executed in the name of the reuse authority.
Proceeds from the sale, lease, or other disposition of property may be
deposited in any fund and used for any purpose permitted under this
chapter, 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 for
property acquisition, redevelopment, or economic development
activities in or directly serving or benefiting a military base reuse
area, and in anticipation of the taxes allocated under section 25 of
this chapter, other revenues of the district, or any combination of
these sources, the reuse authority may by resolution issue the bonds
of the special taxing district in the name of the unit.
(b) The reuse authority shall certify a copy of the resolution
authorizing the bonds to the municipal or county fiscal officer, who
shall then prepare the bonds. The seal of the unit must be impressed
on 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 the
unit, 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 in
accordance with IC 5-1-11 or at a negotiated sale.
(f) The bonds are not a corporate obligation of the unit but are an
indebtedness of the taxing district. The bonds and interest are
payable, 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 under
section 25 of this chapter, other revenues of the reuse authority, or
any combination of these sources, the bonds may be issued in any
amount without limitation.
(g) Proceeds from the sale of bonds may be used to pay the cost
of interest on the bonds for a period not to exceed five (5) years after
the date of issuance.
(h) All laws relating to the filing of petitions requesting the
issuance of bonds and the right of taxpayers and voters to
remonstrate against the issuance of bonds do not apply to bonds
issued 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 on
the bonds as provided in the bond resolution.
(j) If bonds are issued under this chapter that are payable solely
or in part from revenues of the reuse authority, the reuse authority
may adopt a resolution or trust indenture or enter into covenants as
is customary in the issuance of revenue bonds. The resolution or trust
indenture may pledge or assign revenues of the reuse authority and
properties becoming available to the reuse authority under this
chapter. The resolution or trust indenture may also contain provisions
for protecting and enforcing the rights and remedies of the bond
owners 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 any
project and covenant with the owners of any bonds to set the fees and
charges at a rate sufficient to protect the interest of the owners of the
bonds. Revenue bonds issued by the reuse authority that are payable
solely from revenues of the reuse authority shall contain a statement
to 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 any
property that could be financed with the proceeds of bonds issued
under 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 the
reuse authority from taxes allocated under section 25 of this chapter,
any other revenues available to the reuse authority, or any
combination of these sources.
(b) A lease may provide that payments by the reuse authority to
the lessor are required only to the extent and only for the period that
the lessor is able to provide the leased facilities in accordance with
the lease. The terms of each lease must be based upon the value of
the 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 after
a public hearing by the reuse authority at which all interested parties
are provided the opportunity to be heard. After the public hearing,
the reuse authority may adopt a resolution authorizing the execution
of the lease on behalf of the unit if the reuse authority finds that the
service to be provided throughout the term of the lease will serve the
public purpose of the unit and is in the best interests of its residents.
Any lease approved by a resolution of the reuse authority must be
approved by the fiscal body of the unit.
(d) A reuse authority entering into a lease payable from allocated
taxes under section 25 of this chapter or other available funds of the
reuse authority may do the following:
(1) Pledge the revenue to make payments under the lease under
IC 5-1-14-4.
(2) Establish a special fund to make the payments.
(e) Lease payments may be limited to money in the special fund
so that the obligations of the reuse authority to make the lease rental
payments are not considered a debt of the unit or the district for
purposes of the Constitution of the State of Indiana.
(f) Except as provided in this section, approvals of any
governmental body or agency are not required before the reuse
authority may enter into a lease under this section.
(g) If a reuse authority exercises an option to buy a leased facility
from a lessor, the reuse authority may subsequently sell the leased
facility, without regard to any other statute, to the lessor at the end
of the lease term at a price set forth in the lease or at fair market
value established at the time of the sale by the reuse authority
through auction, appraisal, or negotiation. If the facility is sold at
auction, after appraisal or through negotiation, the reuse authority
shall conduct a hearing after public notice in accordance with
IC 5-3-1 before the sale. Any action to contest the sale must be
brought not more than fifteen (15) days after the hearing.
(h) Notwithstanding this section, a reuse authority may negotiate
and enter into leases of property from the United States or any
department or agency of the United States without complying with
the 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 facilities
referred to in section 19 of this chapter to a military base reuse
authority under this chapter:
(1) A for-profit or nonprofit corporation organized under
Indiana 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 authority
established under IC 36-7-14.5.
(5) With respect to all reuse authorities located in a county with
a consolidated city, an authority established under IC 36-7-15.3.
(b) Notwithstanding any other law, a lessor under this section and
section 19 of this chapter is a qualified entity for purposes of
IC 5-1.4.
(c) Notwithstanding any other law, a military base reuse facility
leased by the reuse authority under this chapter from a lessor
borrowing bond proceeds from a unit under IC 36-7-12 is an
economic development facility for purposes of IC 36-7-11.9-3 and
IC 36-7-12.
(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments
by a reuse authority to a lessor described in subsection (c) may be
made from sources set forth in section 19 of this chapter if the
payments and the lease are structured to prevent the lease obligation
from constituting a debt of the unit or the district for purposes of the
Constitution 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 body
may pledge revenues received or to be received by the unit from:
(1) the unit's distributive share of the county option income tax
under IC 6-3.5-6;
(2) the unit's distributive share of the county economic
development income tax under IC 6-3.5-7;
(3) any other source legally available to the unit for the
purposes 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 this
chapter.
(b) The legislative body may covenant to adopt an ordinance to
increase its tax rate under the county option income tax, county
economic development income tax, or any other revenues at the time
it is necessary to raise funds to pay any amounts payable under
section 18 or 19 of this chapter.
(c) The reuse authority may pledge revenues received or to be
received from any source legally available to the reuse authority for
the purposes of this chapter in any amount to pay amounts payable
under section 18 or 19 of this chapter.
(d) The pledge or covenant under this section may be for the term
of the bonds issued under section 18 of this chapter, the term of a
lease entered into under section 19 of this chapter, or for a shorter
period as determined by the legislative body. Money pledged by the
legislative body under this section shall be considered revenues or
other money available to the reuse authority under sections 18
through 19 of this chapter.
(e) The general assembly covenants not to impair this pledge or
covenant as long as any bonds issued under section 18 of this chapter
are outstanding or as long as any lease entered into under section 19
of this chapter is still in effect. The pledge or covenant shall be
enforced 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 general
fund
Sec. 22. (a) All proceeds from the sale of bonds under section 18
of this chapter shall be kept as a separate and specific fund to pay the
expenses incurred in connection with the property acquisition,
redevelopment, and economic development of the military base reuse
area. The fund shall be known as the military base reuse district
capital fund.
(b) All gifts or donations that are given or paid to the reuse
authority or to the unit for military base reuse purposes shall be
promptly deposited to the credit of the military base reuse district
general fund unless otherwise directed by the grantor. The reuse
authority may use these gifts and donations for the purposes of this
chapter. 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 by
this chapter shall be made by warrants drawn by the
secretary-treasurer or the secretary-treasurer's agent under section 6
of this chapter on vouchers of the reuse authority signed by the
president or vice president and the secretary-treasurer or executive
director. An appropriation is not necessary, but all money raised
under this chapter is considered appropriated to the respective
purposes stated and is under the control of the reuse authority. The
reuse authority has complete and exclusive authority to expend the
money for the purposes provided.
(b) Each fund established by this chapter is a continuing fund and
does not revert to the general fund of the unit at the end of the
calendar 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 this
chapter, the reuse authority may apply for and accept advances, short
term and long term loans, grants, contributions, and any other form
of financial assistance from the federal government, or from any of
its agencies. The reuse authority may also enter into and carry out
contracts and agreements in connection with that financial assistance
upon the terms and conditions that the reuse authority considers
reasonable and appropriate, if those terms and conditions are not
inconsistent with the purposes of this chapter. The provisions of such
a contract or an agreement in regard to the handling, deposit, and
application of project funds, as well as all other provisions, are valid
and binding on the unit or its executive departments and officers, as
well as the reuse authority, notwithstanding any other provision of
this chapter.
(b) The reuse authority may issue and sell bonds, notes, or
warrants to the federal government to evidence short term or long
term loans made under this section, without notice of sale being
given or a public offering being made.
(c) Notwithstanding the provisions of this chapter or any other
law, the bonds, notes, or warrants issued by the reuse authority under
this 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, in
such manner;
(7) bear interest at a rate or rates;
(8) be payable as to both principal and interest in a medium of
payment, at time or times, which may be upon demand, and at
a place or places;
(9) be subject to terms of redemption, with or without premium;
(10) contain or be subject to any covenants, conditions, and
provisions; 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 an
indebtedness of the unit or taxing district within the meaning of any
constitutional 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 reuse
authority under this chapter; or
(3) any other legally available revenues of the reuse authority;
as the reuse authority specifies in the resolution authorizing their
issuance.
(e) Bonds, notes, or warrants issued under this section are exempt
from taxation for all purposes.
(f) Bonds, notes, or warrants issued under this section must be
executed by the appropriate officers of the unit and must be attested
by the appropriate officers of the unit.
(g) Following the adoption of the resolution authorizing the
issuance of bonds, notes, or warrants under this section, the reuse
authority shall certify a copy of that resolution to the officers of the
unit who have duties with respect to bonds, notes, or warrants of the
unit. At the proper time, the reuse authority shall deliver to the
officers the unexecuted bonds, notes, or warrants prepared for
execution in accordance with the resolution.
(h) All bonds, notes, or warrants issued under this section shall be
sold by the officers of the unit who have duties with respect to the
sale of bonds, notes, or warrants of the unit. If an officer whose
signature appears on any bonds, notes, or warrants issued under this
section leaves office before their delivery, the signature remains
valid and sufficient for all purposes as if the officer had remained in
office until the delivery.
(i) If at any time during the life of a loan contract or agreement
under this section the reuse authority can obtain loans for the
purposes of this section from sources other than the federal
government at interest rates not less favorable than provided in the
loan contract or agreement, and if the loan contract or agreement so
permits, the reuse authority may do so and may pledge the loan
contract and any rights under the contract as security for the
repayment of the loans obtained from other sources. A loan under
this subsection may be evidenced by bonds, notes, or warrants issued
and secured in the same manner as provided in this section for loans
from the federal government. The bonds, notes, or warrants may be
sold at either public or private sale, as the reuse authority considers
appropriate.
(j) Money obtained from the federal government or from other
sources under this section, and money that is required by a contract
or an agreement under this section to be used for project expenditure
purposes, repayment of survey and planning advances, or repayment
of temporary or definitive loans may be expended by the reuse
authority without regard to any law concerning the making and
approval of budgets, appropriations, and expenditures.
(k) Bonds, notes, or warrants issued under this section are
declared to be issued for an essential public and governmental
purpose. 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 this
section:
(1) "Allocation area" means that part of a military base reuse
area to which an allocation provision of a declaratory resolution
adopted under section 10 of this chapter refers for purposes of
distribution and allocation of property taxes.
(2) "Base assessed value" means:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding
the adoption date of the allocation provision of the
declaratory 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 of
parcels identified as part of the base assessed value in the
declaratory resolution or an amendment thereto, as finally
determined 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 as
residential property under the rules of the department of
local government finance, as finally determined for any
assessment date after the effective date of the allocation
provision.
Clause (C) applies only to allocation areas established in a
military reuse area after June 30, 1997, and to the part of an
allocation area that was established before June 30, 1997, and
that is added to an existing allocation area after June 30, 1997.
(3) "Property taxes" means taxes imposed under IC 6-1.1 on
real property.
(b) A declaratory resolution adopted under section 10 of this
chapter before the date set forth in IC 36-7-14-39(b) pertaining to
declaratory resolutions adopted under IC 36-7-14-15 may include a
provision with respect to the allocation and distribution of property
taxes for the purposes and in the manner provided in this section. A
declaratory resolution previously adopted may include an allocation
provision by the amendment of that declaratory resolution in
accordance with the procedures set forth in section 13 of this chapter.
The allocation provision may apply to all or part of the military base
reuse area. The allocation provision must require that any property
taxes subsequently levied by or for the benefit of any public body
entitled to a distribution of property taxes on taxable property in the
allocation area be allocated and distributed as follows:
(1) Except as otherwise provided in this section, the proceeds
of the taxes attributable to the lesser of:
(A) the assessed value of the property for the assessment
date with respect to which the allocation and distribution is
made; or
(B) the base assessed value;
shall be allocated to and, when collected, paid into the funds of
the respective taxing units.
(2) Except as otherwise provided in this section, property tax
proceeds in excess of those described in subdivision (1) shall be
allocated to the military base reuse district and, when collected,
paid into an allocation fund for that allocation area that may be
used by the military base reuse district and only to do one (1) or
more of the following:
(A) Pay the principal of and interest and redemption
premium on any obligations incurred by the military base
reuse district or any other entity for the purpose of financing
or refinancing military base reuse activities in or directly
serving or benefiting that allocation area.
(B) Establish, augment, or restore the debt service reserve
for bonds payable solely or in part from allocated tax
proceeds in that allocation area or from other revenues of the
reuse authority, including lease rental revenues.
(C) Make payments on leases payable solely or in part from
allocated tax proceeds in that allocation area.
(D) Reimburse any other governmental body for
expenditures made for local public improvements (or
structures) in or directly serving or benefiting that allocation
area.
(E) Pay expenses incurred by the reuse authority, any other
department of the unit, or a department of another
governmental entity for local public improvements or
structures that are in the allocation area or directly serving
or benefiting the allocation area, including expenses for the
operation and maintenance of these local public
improvements or structures if the reuse authority determines
those operation and maintenance expenses are necessary or
desirable to carry out the purposes of this chapter.
(F) Reimburse public and private entities for expenses
incurred in training employees of industrial facilities that are
located:
(i) in the allocation area; and
(ii) on a parcel of real property that has been classified as
industrial property under the rules of the department of
local government finance.
However, the total amount of money spent for this purpose
in any year may not exceed the total amount of money in the
allocation fund that is attributable to property taxes paid by
the industrial facilities described in this clause. The
reimbursements under this clause must be made not more
than three (3) years after the date on which the investments
that are the basis for the increment financing are made.
Except as provided in clause (E), the allocation fund may not be
used for operating expenses of the reuse authority.
(3) Except as provided in subsection (g), before July 15 of each
year the reuse authority shall do the following:
(A) Determine the amount, if any, by which property taxes
payable to the allocation fund in the following year will
exceed the amount of property taxes necessary to make,
when due, principal and interest payments on bonds
described in subdivision (2) plus the amount necessary for
other purposes described in subdivision (2).
(B) Provide a written notice to the county auditor, the fiscal
body of the unit that established the reuse authority, and the
officers who are authorized to fix budgets, tax rates, and tax
levies under IC 6-1.1-17-5 for each of the other taxing units
that is wholly or partly located within the allocation area.
The notice must:
(i) state the amount, if any, of excess property taxes that
the reuse authority has determined may be paid to the
respective taxing units in the manner prescribed in
subdivision (1); or
(ii) state that the reuse authority has determined that there
are no excess property tax proceeds t
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 part
of a military base is located.
(b) As used in sections 18 and 24 of this chapter, "bonds" means
bonds, notes, evidences of indebtedness, or other obligations issued
by the reuse authority in the name of the unit.
(c) As used in this chapter, "military base" means a United States
government military base or other military installation that is
scheduled for closing or is completely or partially inactive or closed.
(d) As used in this chapter, "military base property" means real
and personal property that is currently or was formerly part of a
military base and is subject to reuse.
(e) As used in this chapter, "municipal utility" means a utility that
is owned by a municipality and provides at least one (1) of the
following:
(1) Water services.
(2) Sewer services.
(3) Electric services.
(4) Stormwater services.
(f) As used in this chapter, "reuse authority" means a military base
reuse 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 and
military base property are public and governmental functions that
cannot be accomplished through the ordinary operations of private
enterprise because of the following:
(1) The provisions of federal law that provide for the
expeditious and affordable transfer of military base property to
an entity established by local government for these purposes.
(2) The necessity for requiring the proper use of the land to best
serve 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 and
the state.
(c) The planning, replanning, rehabilitation, development,
redevelopment, and other preparation for reuse of military bases and
military base property under this chapter are public uses and
purposes for which public money may be spent and private property
may be acquired.
(d) Each unit shall, to the extent feasible under this chapter and
consistent with the needs of the unit as a whole, provide a maximum
opportunity for reuse of federal military bases by private enterprise
or state and local government.
(e) This section shall be liberally construed to carry out the
purposes 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 be
known as the "_________ Reuse Authority", designating the name
of the military base. Once a unit has established a reuse authority for
a military base, no other unit may create a reuse authority for that
portion of the military base that lies within the boundaries of that
unit.
(b) All of the territory within the corporate boundaries of a
municipality constitutes a taxing district for the purpose of levying
and collecting special benefit taxes for reuse purposes as provided in
this chapter. All of the territory in a county constitutes a taxing
district for a county.
(c) All of the taxable property within a taxing district is
considered to be benefited by reuse projects carried out under this
chapter to the extent of the special taxes levied under this chapter.
(d) A county having a consolidated city may not establish a reuse
authority for a military base located in an excluded city without the
approval 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 be
appointed as follows:
(1) Three (3) members shall be appointed by the municipal
executive.
(2) Two (2) members shall be appointed by the municipal
legislative body.
(b) The five (5) members of a county military base reuse authority
shall be appointed by the county executive.
(c) The five (5) members of a municipal military base reuse
authority in an excluded city that is located in a county with a
consolidated city shall be appointed as follows:
(1) One (1) member shall be appointed by the executive of the
excluded city.
(2) One (1) member shall be appointed by the legislative body
of 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 city
legislative body.
(5) One (1) member shall be appointed by the board of county
comissioners.
However, at least three (3) of the members must be residents of the
excluded city. As added by P.L.26-1995, SEC.14.
IC 36-7-30-5 Term of members; oath; bond; qualifications; reimbursement for
expenses
Sec. 5. (a) Except as provided in subsection (b), each member of
a military base reuse authority shall serve the longer of three (3)
years beginning with the first day of January after the member's
appointment or until the member's successor has been appointed and
qualified. If a vacancy occurs, a successor shall be appointed in the
same manner as the original member, and the successor shall serve
for the remainder of the vacated term.
(b) In the case of a municipal military base reuse authority in an
excluded city located in a county with a consolidated city, the
original members shall serve for the following terms:
(1) A member appointed by the executive of the excluded city
or the consolidated city executive shall serve for the longer of
three (3) years beginning with the first day of January after the
member's appointment or until the member's successor is
appointed and qualified.
(2) A member appointed by the legislative body of the excluded
city or the consolidated city legislative body shall serve for the
longer of one (1) year beginning with the first day of January
after the member's appointment or until the member's successor
is appointed and qualified.
(3) A member appointed by the board of county commissioners
shall serve for the longer of two (2) years beginning with the
first day of January after the member's appointment or until the
member's successor is appointed and qualified.
(c) Each member of a reuse authority, before beginning the
member's duties, shall take and subscribe an oath of office in the
usual form, to be endorsed on the certificate of the member's
appointment. The endorsed certificate must be promptly filed with
the clerk for the unit that the member serves.
(d) Each member of a reuse authority, before beginning the
member's duties, shall execute a bond payable to the state, with
surety to be approved by the executive of the unit. The bond must be
in the penal sum of fifteen thousand dollars ($15,000) and must be
conditioned on the faithful performance of the duties of the member's
office and the accounting for all money and property that may come
into the member's hands or under the member's control. The cost of
the 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's
appointment.
(f) If a member ceases to be qualified under this section, the
member forfeits the member's office.
(g) Members of a reuse authority are not entitled to salaries but
are entitled to reimbursement for expenses necessarily incurred in the
performance 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 for
the purpose of organization not later than thirty (30) days after they
are appointed and, after that, each year on the first day in January
that is not a Saturday, Sunday, or legal holiday. They shall choose
one (1) of their members as president, another as vice president, and
another as secretary-treasurer. These officers shall perform the duties
usually concerning their offices and shall serve from the date of their
election until their successors are elected and qualified.
(b) Except as otherwise provided in this chapter, the
secretary-treasurer shall be responsible for the funds and accounts of
the reuse authority. The reuse authority may employ personnel for
compensation to assist the secretary-treasurer or may designate or
appoint a fiscal officer of the unit or of another unit responsible for
appointing one (1) or more reuse authority members to perform the
duties that are delegated by the reuse authority and accepted by the
fiscal officer.
(c) The members of a reuse authority may adopt rules and bylaws
the members consider necessary for the proper conduct of
proceedings, carrying out of the members' duties, and safeguarding
the money and property placed in the members' custody by this
chapter. In addition to the annual meeting, the members may by
resolution or in accordance with the rules and bylaws prescribe the
date 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 authorize
an 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 be
summarily removed from office at any time by the government body
or 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 the
real property and structures that are part of a military base
within the corporate boundaries of the unit.
(2) Investigate, study, and determine the means by which
military base property may be reused by private enterprise to
promote economic development within the unit or by state and
local government to otherwise benefit the welfare of the citizens
of the unit.
(3) Promote the reuse of military base property in the manner
that best serves the interests of the unit and its inhabitants.
(4) Cooperate with the departments and agencies of the unit and
of other governmental entities, including the state and the
federal government, in the manner that best serves the purposes
of this chapter.
(5) Make findings and reports on their activities under this
section, and keep the reports available for inspection by the
public.
(6) Select and acquire military base property to be reused by
private enterprise or state or local government under this
chapter.
(7) Transfer acquired military base property and other real and
personal property to private enterprise or state or local
government in the manner that best serves the social and
economic 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 military
base property or interest in real military base property or other
real or personal property located within the corporate
boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract,
or other instrument), exchange, lease, rent, or otherwise dispose
of real or personal military base property or other real and
personal property to private enterprise or state or local
government, on the terms and conditions that the reuse authority
considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real
property acquired from a military base to any other department
of the unit or to any other governmental agency for public ways,
levees, sewerage, parks, playgrounds, schools, and other public
purposes 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 of
this chapter.
(6) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired from a military base.
(7) Survey or examine any land to determine whether it should
be acquired for the purpose of this chapter and to determine the
value of the land.
(8) Appear before any other department or agency of the unit or
any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for the purposes
of this chapter; or
(B) any reuse area within the jurisdiction of the reuse
authority.
(9) Institute or defend in the name of the unit any civil action.
(10) Use any legal or equitable remedy that is necessary or
considered proper to protect and enforce the rights of and
perform the duties of the reuse authority.
(11) Exercise the power of eminent domain in the name of and
within the corporate boundaries of the unit in the manner
prescribed by section 16 of this chapter.
(12) Appoint an executive director, appraisers, real estate
experts, engineers, architects, surveyors, attorneys, accountants,
and other consultants that are necessary or desired by the
authority in exercising its powers or carrying out its
responsibilities under this chapter.
(13) Appoint clerks, guards, laborers, and other employees the
reuse authority considers advisable. However, the appointments
must be made in accordance with the merit system of the unit if
the unit has a merit system.
(14) Prescribe the duties and regulate the compensation of
employees of the military base reuse authority.
(15) Provide a pension and retirement system for employees of
the military base reuse authority, or use the public employees'
retirement fund or a retirement plan approved by the United
States Department of Housing and Urban Development.
(16) Discharge and appoint successors to employees of the
military base reuse authority subject to subdivision (13).
(17) Rent offices for use of the reuse authority or accept the use
of offices furnished by the unit.
(18) Equip the offices of the reuse authority with the necessary
furniture, furnishings, equipment, records, and supplies.
(19) Expend on behalf of the special taxing district all or any
part 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 are
necessary for the reuse of military base property within the
corporate boundaries of the unit.
(B) Any structure that enhances the development, economic
development, or reuse of military base property.
(21) Accept loans, grants, and other forms of financial
assistance 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 serves
the purposes of this chapter, including grants and loans, to
enable private enterprise to develop, redevelop, and reuse
military base property or otherwise enable private enterprise to
provide 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 necessary
or incidental to the performance of the duties of the reuse
authority and the execution of the power of the reuse authority
under this chapter.
(25) Take any action necessary to implement the purposes of
the reuse authority.
(b) All powers that may be exercised under this chapter by the
reuse authority may also be exercised by the reuse authority in
carrying out its duties and purposes under IC 36-7-14.5 or
IC 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 the
rehabilitation, development, redevelopment, and reuse of military
base property to be acquired from the federal government upon the
closure of a military base within the boundaries of the unit.
(b) In conjunction with the military base reuse plan, the reuse
authority may adopt a resolution declaring that a geographic area is
a military base reuse area and approving the plan if it makes the
following findings:
(1) All or part of a military base is located in the military base
reuse area.
(2) The plan for the military base reuse area will accomplish the
public purposes of this chapter, supported by specific findings
of fact to be adopted by the reuse authority.
(3) The public health and welfare will be benefited by
accomplishment of the plan for the military base reuse area.
(4) The plan for the military base reuse area conforms to other
development and redevelopment plans for the unit.
(c) A military base reuse area may include territory within the
corporate boundaries of the unit and in the vicinity of the military
base that is not on military base property. However, a military base
reuse area may not include any area of land that constitutes part of an
economic development area, a redevelopment project area, or an
urban 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 in
the 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 location
in relation to public ways or streams, or otherwise, as determined by
the reuse authority. Property excepted from the acquisition may be
described 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 this
chapter, the reuse authority shall submit the resolution and
supporting data to the plan commission of the unit or other body
charged with the duty of developing a general plan for the unit, if
there is such a body. The plan commission may determine whether
the resolution and the reuse plan conform to the plan of development
for the unit and approve or disapprove the resolution and plan
proposed. The reuse authority may amend or modify the resolution
and proposed plan to conform to the requirements of the plan
commission. The plan commission shall issue a written order
approving or disapproving the resolution and military base reuse
plan, and may with the consent of the reuse authority rescind or
modify the order.
(b) The determination that a geographic area is a military base
reuse area must be approved by the unit's legislative body.
(c) If a military base is located in an excluded city that is located
in a county having a consolidated city, the determination that a
geographic area is a military base reuse area must be approved by the
excluded city legislative body and the consolidated city legislative
body. 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 required
under section 11 of this chapter, the reuse authority shall publish
notice of the adoption and the substance of the resolution in
accordance with IC 5-3-1. The notice must name a date when the
reuse authority will receive and hear remonstrances and objections
from persons interested in or affected by the proceedings concerning
the proposed project and will determine the public utility and benefit
of the proposed project. All persons affected in any manner by the
hearing, including all taxpayers of the special taxing district, shall be
considered notified of the pendency of the hearing and of subsequent
acts, hearings, adjournments, and orders of the reuse authority by the
notice given under this section.
(b) At the hearing, which may be adjourned from time to time, the
reuse authority shall hear all persons interested in the proceedings
and shall consider all written remonstrances and objections that have
been filed. After considering the evidence presented, the reuse
authority shall take final action determining the public utility and
benefit of the proposed project, and confirming, modifying and
confirming, or rescinding the resolution. The final action taken by
the reuse authority is final and conclusive, except that an appeal may
be 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 hearing
before amending a resolution or plan for a military base reuse area.
The reuse authority shall give notice of the hearing in accordance
with 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 remonstrances
against 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 has
filed a written remonstrance during the filing period set forth in
subdivision (2).
(b) For the purposes of this section, the consolidation of areas is
not 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 or
make findings that were required for the establishment of the original
military base reuse area. However, the reuse authority must make the
following findings before approving the amendment:
(1) The amendment is reasonable and appropriate when
considered in relation to the original resolution or plan and the
purposes 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 or
plan is proposed to be amended in a way that enlarges the original
boundaries of the area by more than twenty percent (20%), the reuse
authority must use the procedure provided for the original
establishment of areas and must comply with sections 10 through 12
of this chapter.
(e) At the hearing on the amendments, the reuse authority shall
consider written remonstrances that are filed. The action of the reuse
authority on the amendment is final and conclusive, except that an
appeal of the reuse authority's action may be taken under section 14
of 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 the
reuse authority under section 12 or 13 of this chapter and is
aggrieved by the final action taken may not more than ten (10) days
after 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's
remonstrances against that order, together with the person's bond
conditioned to pay the costs of the person's appeal if the appeal is
determined against the person. The only ground of remonstrance that
the court may hear is whether the proposed project will be of public
utility and benefit. The burden of proof is on the remonstrator.
(b) An appeal under this section shall be promptly heard by the
court without a jury. All remonstrances upon which an appeal has
been taken shall be consolidated and heard and determined not more
than thirty (30) days after the time of the filing of the appeal. The
court shall hear evidence on the remonstrances and may confirm the
final action of the reuse authority or sustain the remonstrances. The
judgment of the court is final and conclusive, unless an appeal is
taken 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 is
unsuccessful, the reuse authority shall proceed with the plan to the
extent that money is available for that purpose.
(b) Negotiations for the purchase of property may be carried on
directly by the reuse authority, by its employees, or by expert
negotiators, but no option, contract, or understanding relative to the
purchase of real property is binding on the reuse authority until
approved and accepted by the reuse authority in writing. Payment for
the property purchased shall be made when and as directed by the
reuse authority but only on delivery of proper instruments conveying
the title or interest of the owner to the reuse authority or its designee.
(c) The acquisition of real and personal property by the reuse
authority under this chapter is not subject to the provisions of
IC 5-22, IC 36-1-10.5, or any other statutes governing the purchase
of 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 acquire
real property in or serving a reuse area by the exercise of the power
of eminent domain, it shall adopt a resolution setting out its
determination to exercise that power and directing its attorney to file
a petition in the name of the unit on behalf of the reuse authority, in
the circuit or superior court of the county in which the property is
situated. The resolution must contain a finding by the reuse authority
that 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 the
legislative body of the unit before the petition is filed.
(b) Eminent domain proceedings under this section are governed
by IC 32-24 and other applicable statutory provisions for the exercise
of the power of eminent domain. Property already devoted to a public
use may be acquired under this section, but property belonging to the
state or a political subdivision may not be acquired without the
consent of the state or the political subdivision.
(c) The court having jurisdiction shall direct the clerk of the
circuit court to execute a deed conveying the title of real property
acquired under this section to the unit for the use and benefit of the
reuse 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 and
replanning of the area described in the resolution before the
acquisition of all of the area. The reuse authority may also proceed
with the repair and maintenance of buildings that have been acquired
and are not to be cleared. This clearance, repair, and maintenance
may be carried out by labor employed directly by the reuse authority
or by contract. Contracts for clearance may provide that the
contractor is entitled to retain and dispose of salvaged material, as a
part of the contract price or on the basis of stated prices for the
amounts of the various materials actually salvaged.
(b) All contracts for material or labor under this section shall be
let under IC 36-1.
(c) To the extent the reuse authority undertakes to engage in the
planning and rezoning of the real property acquired, the opening,
closing, relocation, and improvement of public ways, and the
construction, relocation, and improvement of levees, sewers, parking
facilities, and utility services, the reuse authority shall proceed in the
same manner as private owners of the property. The reuse authority
may negotiate with the proper officers and agencies of the unit to
secure the proper orders, approvals, and consents.
(d) Construction work required in connection with improvements
in the area described in the resolution may be carried out by the
following:
(1) The appropriate municipal or county department or agency.
(2) The reuse authority, if:
(A) all plans, specifications, and drawings are approved by
the appropriate department or agency; and
(B) the statutory procedures for the letting of contracts by
the appropriate department or agency are followed by the
reuse authority.
(e) The reuse authority may pay any charges or assessments made
on account of orders, approvals, consents, and construction work
under this section, or may agree to pay the assessments in
installments as provided by statute in the case of private owners. The
reuse authority may do the following:
(1) By special waiver filed with the municipal works board or
county executive, waive the statutory procedure and notices
required by law in order to create valid liens on private
property.
(2) Cause any assessments to be spread on a different basis than
that provided by statute.
(f) The real property acquired under this chapter may not be set
aside and dedicated for public ways, parking facilities, sewers,
levees, parks, or other public purposes until the reuse authority has
obtained the consent and approval of the department or agency under
whose jurisdiction the property will be placed.
(g) The reuse authority may negotiate for the sale, lease, or other
disposition of real and personal property without complying with the
provisions of IC 36-1-11 or any other statute governing the
disposition of public property. A conveyance under this section may
not be made until the agreed consideration has been paid, unless the
reuse authority passes a resolution expressly providing that the
consideration does not have to be paid before the conveyance is
made. The resolution may provide for a mortgage or other security.
All deeds, leases, land sale contracts, or other conveyances shall be
executed in the name of the reuse authority and shall be signed by the
president or vice president of the reuse authority and attested by the
secretary-treasurer. A seal is not required on these instruments or any
other instruments executed in the name of the reuse authority.
Proceeds from the sale, lease, or other disposition of property may be
deposited in any fund and used for any purpose permitted under this
chapter, 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 for
property acquisition, redevelopment, or economic development
activities in or directly serving or benefiting a military base reuse
area, and in anticipation of the taxes allocated under section 25 of
this chapter, other revenues of the district, or any combination of
these sources, the reuse authority may by resolution issue the bonds
of the special taxing district in the name of the unit.
(b) The reuse authority shall certify a copy of the resolution
authorizing the bonds to the municipal or county fiscal officer, who
shall then prepare the bonds. The seal of the unit must be impressed
on 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 the
unit, 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 in
accordance with IC 5-1-11 or at a negotiated sale.
(f) The bonds are not a corporate obligation of the unit but are an
indebtedness of the taxing district. The bonds and interest are
payable, 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 under
section 25 of this chapter, other revenues of the reuse authority, or
any combination of these sources, the bonds may be issued in any
amount without limitation.
(g) Proceeds from the sale of bonds may be used to pay the cost
of interest on the bonds for a period not to exceed five (5) years after
the date of issuance.
(h) All laws relating to the filing of petitions requesting the
issuance of bonds and the right of taxpayers and voters to
remonstrate against the issuance of bonds do not apply to bonds
issued 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 on
the bonds as provided in the bond resolution.
(j) If bonds are issued under this chapter that are payable solely
or in part from revenues of the reuse authority, the reuse authority
may adopt a resolution or trust indenture or enter into covenants as
is customary in the issuance of revenue bonds. The resolution or trust
indenture may pledge or assign revenues of the reuse authority and
properties becoming available to the reuse authority under this
chapter. The resolution or trust indenture may also contain provisions
for protecting and enforcing the rights and remedies of the bond
owners 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 any
project and covenant with the owners of any bonds to set the fees and
charges at a rate sufficient to protect the interest of the owners of the
bonds. Revenue bonds issued by the reuse authority that are payable
solely from revenues of the reuse authority shall contain a statement
to 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 any
property that could be financed with the proceeds of bonds issued
under 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 the
reuse authority from taxes allocated under section 25 of this chapter,
any other revenues available to the reuse authority, or any
combination of these sources.
(b) A lease may provide that payments by the reuse authority to
the lessor are required only to the extent and only for the period that
the lessor is able to provide the leased facilities in accordance with
the lease. The terms of each lease must be based upon the value of
the 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 after
a public hearing by the reuse authority at which all interested parties
are provided the opportunity to be heard. After the public hearing,
the reuse authority may adopt a resolution authorizing the execution
of the lease on behalf of the unit if the reuse authority finds that the
service to be provided throughout the term of the lease will serve the
public purpose of the unit and is in the best interests of its residents.
Any lease approved by a resolution of the reuse authority must be
approved by the fiscal body of the unit.
(d) A reuse authority entering into a lease payable from allocated
taxes under section 25 of this chapter or other available funds of the
reuse authority may do the following:
(1) Pledge the revenue to make payments under the lease under
IC 5-1-14-4.
(2) Establish a special fund to make the payments.
(e) Lease payments may be limited to money in the special fund
so that the obligations of the reuse authority to make the lease rental
payments are not considered a debt of the unit or the district for
purposes of the Constitution of the State of Indiana.
(f) Except as provided in this section, approvals of any
governmental body or agency are not required before the reuse
authority may enter into a lease under this section.
(g) If a reuse authority exercises an option to buy a leased facility
from a lessor, the reuse authority may subsequently sell the leased
facility, without regard to any other statute, to the lessor at the end
of the lease term at a price set forth in the lease or at fair market
value established at the time of the sale by the reuse authority
through auction, appraisal, or negotiation. If the facility is sold at
auction, after appraisal or through negotiation, the reuse authority
shall conduct a hearing after public notice in accordance with
IC 5-3-1 before the sale. Any action to contest the sale must be
brought not more than fifteen (15) days after the hearing.
(h) Notwithstanding this section, a reuse authority may negotiate
and enter into leases of property from the United States or any
department or agency of the United States without complying with
the 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 facilities
referred to in section 19 of this chapter to a military base reuse
authority under this chapter:
(1) A for-profit or nonprofit corporation organized under
Indiana 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 authority
established under IC 36-7-14.5.
(5) With respect to all reuse authorities located in a county with
a consolidated city, an authority established under IC 36-7-15.3.
(b) Notwithstanding any other law, a lessor under this section and
section 19 of this chapter is a qualified entity for purposes of
IC 5-1.4.
(c) Notwithstanding any other law, a military base reuse facility
leased by the reuse authority under this chapter from a lessor
borrowing bond proceeds from a unit under IC 36-7-12 is an
economic development facility for purposes of IC 36-7-11.9-3 and
IC 36-7-12.
(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments
by a reuse authority to a lessor described in subsection (c) may be
made from sources set forth in section 19 of this chapter if the
payments and the lease are structured to prevent the lease obligation
from constituting a debt of the unit or the district for purposes of the
Constitution 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 body
may pledge revenues received or to be received by the unit from:
(1) the unit's distributive share of the county option income tax
under IC 6-3.5-6;
(2) the unit's distributive share of the county economic
development income tax under IC 6-3.5-7;
(3) any other source legally available to the unit for the
purposes 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 this
chapter.
(b) The legislative body may covenant to adopt an ordinance to
increase its tax rate under the county option income tax, county
economic development income tax, or any other revenues at the time
it is necessary to raise funds to pay any amounts payable under
section 18 or 19 of this chapter.
(c) The reuse authority may pledge revenues received or to be
received from any source legally available to the reuse authority for
the purposes of this chapter in any amount to pay amounts payable
under section 18 or 19 of this chapter.
(d) The pledge or covenant under this section may be for the term
of the bonds issued under section 18 of this chapter, the term of a
lease entered into under section 19 of this chapter, or for a shorter
period as determined by the legislative body. Money pledged by the
legislative body under this section shall be considered revenues or
other money available to the reuse authority under sections 18
through 19 of this chapter.
(e) The general assembly covenants not to impair this pledge or
covenant as long as any bonds issued under section 18 of this chapter
are outstanding or as long as any lease entered into under section 19
of this chapter is still in effect. The pledge or covenant shall be
enforced 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 general
fund
Sec. 22. (a) All proceeds from the sale of bonds under section 18
of this chapter shall be kept as a separate and specific fund to pay the
expenses incurred in connection with the property acquisition,
redevelopment, and economic development of the military base reuse
area. The fund shall be known as the military base reuse district
capital fund.
(b) All gifts or donations that are given or paid to the reuse
authority or to the unit for military base reuse purposes shall be
promptly deposited to the credit of the military base reuse district
general fund unless otherwise directed by the grantor. The reuse
authority may use these gifts and donations for the purposes of this
chapter. 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 by
this chapter shall be made by warrants drawn by the
secretary-treasurer or the secretary-treasurer's agent under section 6
of this chapter on vouchers of the reuse authority signed by the
president or vice president and the secretary-treasurer or executive
director. An appropriation is not necessary, but all money raised
under this chapter is considered appropriated to the respective
purposes stated and is under the control of the reuse authority. The
reuse authority has complete and exclusive authority to expend the
money for the purposes provided.
(b) Each fund established by this chapter is a continuing fund and
does not revert to the general fund of the unit at the end of the
calendar 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 this
chapter, the reuse authority may apply for and accept advances, short
term and long term loans, grants, contributions, and any other form
of financial assistance from the federal government, or from any of
its agencies. The reuse authority may also enter into and carry out
contracts and agreements in connection with that financial assistance
upon the terms and conditions that the reuse authority considers
reasonable and appropriate, if those terms and conditions are not
inconsistent with the purposes of this chapter. The provisions of such
a contract or an agreement in regard to the handling, deposit, and
application of project funds, as well as all other provisions, are valid
and binding on the unit or its executive departments and officers, as
well as the reuse authority, notwithstanding any other provision of
this chapter.
(b) The reuse authority may issue and sell bonds, notes, or
warrants to the federal government to evidence short term or long
term loans made under this section, without notice of sale being
given or a public offering being made.
(c) Notwithstanding the provisions of this chapter or any other
law, the bonds, notes, or warrants issued by the reuse authority under
this 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, in
such manner;
(7) bear interest at a rate or rates;
(8) be payable as to both principal and interest in a medium of
payment, at time or times, which may be upon demand, and at
a place or places;
(9) be subject to terms of redemption, with or without premium;
(10) contain or be subject to any covenants, conditions, and
provisions; 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 an
indebtedness of the unit or taxing district within the meaning of any
constitutional 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 reuse
authority under this chapter; or
(3) any other legally available revenues of the reuse authority;
as the reuse authority specifies in the resolution authorizing their
issuance.
(e) Bonds, notes, or warrants issued under this section are exempt
from taxation for all purposes.
(f) Bonds, notes, or warrants issued under this section must be
executed by the appropriate officers of the unit and must be attested
by the appropriate officers of the unit.
(g) Following the adoption of the resolution authorizing the
issuance of bonds, notes, or warrants under this section, the reuse
authority shall certify a copy of that resolution to the officers of the
unit who have duties with respect to bonds, notes, or warrants of the
unit. At the proper time, the reuse authority shall deliver to the
officers the unexecuted bonds, notes, or warrants prepared for
execution in accordance with the resolution.
(h) All bonds, notes, or warrants issued under this section shall be
sold by the officers of the unit who have duties with respect to the
sale of bonds, notes, or warrants of the unit. If an officer whose
signature appears on any bonds, notes, or warrants issued under this
section leaves office before their delivery, the signature remains
valid and sufficient for all purposes as if the officer had remained in
office until the delivery.
(i) If at any time during the life of a loan contract or agreement
under this section the reuse authority can obtain loans for the
purposes of this section from sources other than the federal
government at interest rates not less favorable than provided in the
loan contract or agreement, and if the loan contract or agreement so
permits, the reuse authority may do so and may pledge the loan
contract and any rights under the contract as security for the
repayment of the loans obtained from other sources. A loan under
this subsection may be evidenced by bonds, notes, or warrants issued
and secured in the same manner as provided in this section for loans
from the federal government. The bonds, notes, or warrants may be
sold at either public or private sale, as the reuse authority considers
appropriate.
(j) Money obtained from the federal government or from other
sources under this section, and money that is required by a contract
or an agreement under this section to be used for project expenditure
purposes, repayment of survey and planning advances, or repayment
of temporary or definitive loans may be expended by the reuse
authority without regard to any law concerning the making and
approval of budgets, appropriations, and expenditures.
(k) Bonds, notes, or warrants issued under this section are
declared to be issued for an essential public and governmental
purpose. 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 this
section:
(1) "Allocation area" means that part of a military base reuse
area to which an allocation provision of a declaratory resolution
adopted under section 10 of this chapter refers for purposes of
distribution and allocation of property taxes.
(2) "Base assessed value" means:
(A) the net assessed value of all the property as finally
determined for the assessment date immediately preceding
the adoption date of the allocation provision of the
declaratory 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 of
parcels identified as part of the base assessed value in the
declaratory resolution or an amendment thereto, as finally
determined 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 as
residential property under the rules of the department of
local government finance, as finally determined for any
assessment date after the effective date of the allocation
provision.
Clause (C) applies only to allocation areas established in a
military reuse area after June 30, 1997, and to the part of an
allocation area that was established before June 30, 1997, and
that is added to an existing allocation area after June 30, 1997.
(3) "Property taxes" means taxes imposed under IC 6-1.1 on
real property.
(b) A declaratory resolution adopted under section 10 of this
chapter before the date set forth in IC 36-7-14-39(b) pertaining to
declaratory resolutions adopted under IC 36-7-14-15 may include a
provision with respect to the allocation and distribution of property
taxes for the purposes and in the manner provided in this section. A
declaratory resolution previously adopted may include an allocation
provision by the amendment of that declaratory resolution in
accordance with the procedures set forth in section 13 of this chapter.
The allocation provision may apply to all or part of the military base
reuse area. The allocation provision must require that any property
taxes subsequently levied by or for the benefit of any public body
entitled to a distribution of property taxes on taxable property in the
allocation area be allocated and distributed as follows:
(1) Except as otherwise provided in this section, the proceeds
of the taxes attributable to the lesser of:
(A) the assessed value of the property for the assessment
date with respect to which the allocation and distribution is
made; or
(B) the base assessed value;
shall be allocated to and, when collected, paid into the funds of
the respective taxing units.
(2) Except as otherwise provided in this section, property tax
proceeds in excess of those described in subdivision (1) shall be
allocated to the military base reuse district and, when collected,
paid into an allocation fund for that allocation area that may be
used by the military base reuse district and only to do one (1) or
more of the following:
(A) Pay the principal of and interest and redemption
premium on any obligations incurred by the military base
reuse district or any other entity for the purpose of financing
or refinancing military base reuse activities in or directly
serving or benefiting that allocation area.
(B) Establish, augment, or restore the debt service reserve
for bonds payable solely or in part from allocated tax
proceeds in that allocation area or from other revenues of the
reuse authority, including lease rental revenues.
(C) Make payments on leases payable solely or in part from
allocated tax proceeds in that allocation area.
(D) Reimburse any other governmental body for
expenditures made for local public improvements (or
structures) in or directly serving or benefiting that allocation
area.
(E) Pay expenses incurred by the reuse authority, any other
department of the unit, or a department of another
governmental entity for local public improvements or
structures that are in the allocation area or directly serving
or benefiting the allocation area, including expenses for the
operation and maintenance of these local public
improvements or structures if the reuse authority determines
those operation and maintenance expenses are necessary or
desirable to carry out the purposes of this chapter.
(F) Reimburse public and private entities for expenses
incurred in training employees of industrial facilities that are
located:
(i) in the allocation area; and
(ii) on a parcel of real property that has been classified as
industrial property under the rules of the department of
local government finance.
However, the total amount of money spent for this purpose
in any year may not exceed the total amount of money in the
allocation fund that is attributable to property taxes paid by
the industrial facilities described in this clause. The
reimbursements under this clause must be made not more
than three (3) years after the date on which the investments
that are the basis for the increment financing are made.
Except as provided in clause (E), the allocation fund may not be
used for operating expenses of the reuse authority.
(3) Except as provided in subsection (g), before July 15 of each
year the reuse authority shall do the following:
(A) Determine the amount, if any, by which property taxes
payable to the allocation fund in the following year will
exceed the amount of property taxes necessary to make,
when due, principal and interest payments on bonds
described in subdivision (2) plus the amount necessary for
other purposes described in subdivision (2).
(B) Provide a written notice to the county auditor, the fiscal
body of the unit that established the reuse authority, and the
officers who are authorized to fix budgets, tax rates, and tax
levies under IC 6-1.1-17-5 for each of the other taxing units
that is wholly or partly located within the allocation area.
The notice must:
(i) state the amount, if any, of excess property taxes that
the reuse authority has determined may be paid to the
respective taxing units in the manner prescribed in
subdivision (1); or
(ii) state that the reuse authority has determined that there
are no excess property tax proceeds t
