Sec. 18. (a) A unit may:
(1) enter into agreements concerning, and acquire by any lawful means, land or interests in land and personal property needed for the purposes of this chapter;
(2) exercise its power of eminent domain to acquire unimproved land, unoccupied economic development facilities, or pollution control facilities and the land relating to those facilities, for the purposes of this chapter;
(3) purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve economic development or pollution control facilities, including land, machinery, or equipment;
(4) lease economic development or pollution control facilities to users or developers, with or without an option to purchase;
(5) sell economic development or pollution control facilities to users or developers, for consideration to be paid in installments or otherwise;
(6) make direct loans to users or developers for the cost of acquisition, construction, or installation of economic development or pollution control facilities, including land, machinery, or equipment, with the loans to be secured by the pledge of one (1) or more taxable or tax-exempt bonds or other secured or unsecured debt obligations of the users or developers;
(7) enter into agreements with users or developers to allow the users or developers to wholly or partially construct economic development or pollution control facilities to be acquired by the unit;
(8) issue taxable or tax-exempt bonds under this chapter for single or multiple, identified or unidentified, economic development or pollution control facilities to accomplish the purposes of this chapter, and secure their payment as provided in this chapter;
(9) establish reserves from the proceeds of the sale of taxable or tax-exempt bonds, other funds, or both, to secure the payment of the principal and interest on the bonds;
(10) lend or deposit the proceeds of bonds to or with a lender for the purpose of furnishing funds to the lender for the purpose of making a loan to a specifically identified developer or user for the financing of specifically identified economic development or pollution control facilities under this chapter; and
(11) reimburse from bond proceeds expenditures for pollution control facilities or economic development facilities.
(b) This chapter does not authorize the financing of economic development facilities for a developer unless any written agreement that may exist between the developer and the user is fully disclosed to, and approved by, the economic development commission or the fiscal body of the unit.
[Pre-Local Government Recodification Citation: 18-6-4.5-11.]
As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.40-1983, SEC.3; P.L.25-1987, SEC.47; P.L.24-1995, SEC.28.
Structure Indiana Code
Article 7. Planning and Development
Chapter 12. Economic Development and Pollution Control
36-7-12-1. Application of Chapter
36-7-12-3. Declaration of Public Purpose
36-7-12-4. Economic Development Departments and Commissions; Creation
36-7-12-5. Second and Third Class Cities; Commission Members; Appointment; Terms of Office
36-7-12-6. Towns; Commission Members; Appointment; Terms of Office
36-7-12-7. Counties; Commission Members; Appointment; Terms of Office
36-7-12-8. Consolidated Cities; Commission Members; Appointment; Terms of Office
36-7-12-9. Commissioners; Selection and Nomination; Successors in Office
36-7-12-10. Commissioners; Failure to Nominate; Vacancies
36-7-12-11. Commissioners; Oaths; Certificates of Appointment
36-7-12-12. Organizational Meetings; Officers
36-7-12-13. Commissions; Rules; Meetings; Quorum; Approval of Actions; Records
36-7-12-14. Removal of Commissioners From Office
36-7-12-15. Commissioners; Expenses and per Diem
36-7-12-16. Pecuniary Interest of Commissioner in Matters Considered by Commission
36-7-12-17. Commissions; Investigatory Duties
36-7-12-20. Use of Funds; Procedures for Letting Contracts; Employees' Bonds
36-7-12-21. Negotiation of Financing Terms; Adverse Competitive Effect Studies; Preliminary Expenses
36-7-12-22. Applicability of Zoning Laws; Consent Necessary for Financing of Facilities
36-7-12-23. Evaluative Report; Exception
36-7-12-24. Hearing on Proposed Financing of Facilities; Approval by Commission
36-7-12-25. Approval of Proposed Financing by Unit; Authorization Bond Issuance; Approval of Changes
36-7-12-26. Financing Agreements; Terms
36-7-12-27.5. Legal Representation of Commission; Conflict of Interest; Offense
36-7-12-28. Trust Indentures Securing Bonds
36-7-12-29. Application of Bond Proceeds
36-7-12-31. Bonds, Notes, Warrants, Proceeds, and Interest; Exemption From State Taxes
36-7-12-32.1. Exemption From Securities Registration
36-7-12-33. Property Taxes; Liability and Exemptions
36-7-12-34. Payments Received by Units; Exemption From Tax
36-7-12-35. Responsibility for Construction Approval