Indiana Code
Chapter 12. Economic Development and Pollution Control
36-7-12-18. Powers of Units

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

Indiana Code

Title 36. Local Government

Article 7. Planning and Development

Chapter 12. Economic Development and Pollution Control

36-7-12-1. Application of Chapter

36-7-12-2. Repealed

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

36-7-12-18. Powers of Units

36-7-12-18.5. Bonding Powers

36-7-12-19. Special Tax Levy; Transfer of Money to Department of Economic Development; Adoption and Submission of Proposed Budget

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. Bonds, Notes, or Warrants; Issuance; Terms and Procedure; Findings of Fact Concerning Coal Gasification Powerplant

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

36-7-12-30. Refunding Bonds

36-7-12-31. Bonds, Notes, Warrants, Proceeds, and Interest; Exemption From State Taxes

36-7-12-32. Repealed

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

36-7-12-36. Commissions; Annual Reports

36-7-12-37. Repealed

36-7-12-38. Repealed

36-7-12-39. Validation of Prior Authorized Bonds