Sec. 3.7. (a) As used in this section, "development area" means a redevelopment project area, economic development area, or urban renewal project area established under this chapter.
(b) The jurisdiction and control over a development area established by the redevelopment commission of a first municipality may be transferred from that redevelopment commission to the redevelopment commission of a second, adjacent municipality if:
(1) the owners of one hundred percent (100%) of the real property in the development area consent to the transfer;
(2) the fiscal body of the first municipality and the fiscal body of the second, adjacent municipality:
(A) adopt or have adopted:
(i) substantially similar ordinances; or
(ii) an interlocal agreement;
consenting to the transfer of the jurisdiction and control over the development area; and
(B) agree or have agreed to transfer the geographic territory comprising the development area from the first municipality to the second, adjacent municipality through disannexation, interlocal agreement, or any other legal means;
(3) no tax increment from an allocation area within the development area has been pledged for the payment of bonds or the payment of lease rentals; and
(4) either the first municipality or the second, adjacent municipality has before the date of the transfer completed a reorganization under IC 36-1.5.
(c) If the requirements of subsection (b) are satisfied:
(1) the jurisdiction and control over the development area is transferred without any other action required from the fiscal bodies, the redevelopment commissions, or the plan commissions of the municipalities or from any other state or local entity;
(2) the development area is thereafter part of the territory that is under the jurisdiction and control of the redevelopment commission of the second, adjacent municipality;
(3) the development area or the redevelopment plan may be altered or amended by the second, adjacent municipality and the redevelopment commission of the second, adjacent municipality as otherwise provided in this chapter; and
(4) any property taxes collected within the development area that were payable to the first municipality, to any taxing district of the first municipality, or to the redevelopment commission of the first municipality shall after the transfer be payable to the second, adjacent municipality, to the taxing districts of the second, adjacent municipality, or to the redevelopment commission of the second, adjacent municipality, as appropriate.
(d) If, before January 1, 2013, the redevelopment commission of the first municipality has entered into an agreement to reimburse a person or political subdivision for infrastructure improvements from tax increments from an allocation area within the development area, the obligation to make the reimbursement is transferred to the redevelopment commission of the second, adjacent municipality upon the effective date of the transfer of the jurisdiction and control over the development area.
(e) The authority to transfer the jurisdiction and control over a development area as provided in this section expires December 31, 2013.
As added by P.L.255-2013, SEC.15.
Structure Indiana Code
Article 7. Planning and Development
Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions
36-7-14-1.5. Applicability of Chapter to Fire Protection Districts
36-7-14-1.7. Applicability of Chapter to Fire Protection Territories
36-7-14-2. Declaration of Public Purpose; Opportunities for Redevelopment by Private Enterprise
36-7-14-3. Redevelopment Departments and Commissions; Creation; Taxing Districts; Oversight
36-7-14-3.1. Electronic Meetings
36-7-14-3.7. Transfer of Control and Jurisdiction Over Certain Development Areas; Requirements
36-7-14-6.1. Commissioners; Appointment; Nonvoting Adviser
36-7-14-9. Commissioners; Removal From Office
36-7-14-10. Commissioners and Nonvoting Advisers; Pecuniary Interests in Property and Transactions
36-7-14-11. Duties of Commission
36-7-14-12.2. Powers of Commission
36-7-14-12.4. Ownership Prohibition Regarding Single Family Dwellings
36-7-14-13. Annual Reports; Contents; Subject to Laws of General Nature
36-7-14-14. Contracts to Perform Powers and Duties
36-7-14-16. Approval of Resolutions and Plans by Unit
36-7-14-17. Notice and Hearing
36-7-14-17.5. Notice and Hearing; Amendment of Resolution or Plan; Procedure
36-7-14-19. Acquisition of Real Property; Procedure; Approval
36-7-14-20. Eminent Domain; Procedure; Legislative Body Resolution
36-7-14-21. Commission Authority in Redevelopment Area
36-7-14-22. Public Sale or Lease of Real Property; Procedure
36-7-14-22.5. Additional Commission Powers Concerning Real Property; Public Meeting
36-7-14-22.6. "Abutting Landowner"; "Offering Price"; Sale to Abutting Landowner; Appraisal
36-7-14-22.7. Disposal of Real Property; Appraisal
36-7-14-22.8. New Opportunity Area
36-7-14-23. Unit Officers; Duties Regarding Department Funds
36-7-14-24. Payment of Expenses Incurred Before Tax Levy; Procedure
36-7-14-25.2. Leased Facilities; Procedure; Fiscal Body Approval
36-7-14-25.3. Lessors of Redevelopment Facilities; Effect of Other Statutory Provisions
36-7-14-25.5. Payment of Redevelopment Bonds or Leases; Pledge or Covenant of Legislative Body
36-7-14-26. Capital Fund; Deposits; Gifts; Allocation Fund
36-7-14-27.5. Tax Anticipation Warrants; Authorization; Procedure; Legislative Body Approval
36-7-14-29. Payments From Funds; Procedure
36-7-14-30. Urban Renewal Projects; Authorization
36-7-14-31. Urban Renewal Plans
36-7-14-32. Urban Renewal Projects; Powers and Duties of Commissions; Units and Officers
36-7-14-33. Urban Renewal Projects; Cooperation With Public Entities
36-7-14-34. Preparation of Urban Rehabilitation Programs
36-7-14-36. Neighborhood Development Programs; Authorization; Procedure; Federal Aid
36-7-14-37. Redevelopment Districts and Departments; Tax Exemptions
36-7-14-40. Violations; Penalties
36-7-14-41. Economic Development Area; Determination; Enlargement
36-7-14-44. Military Base Reuse Area
36-7-14-45. Establishment of Program for Housing; Notices; Conditions
36-7-14-46. Commission Authority in Program for Housing
36-7-14-47. Commission Findings Required; Contents
36-7-14-49. Program for Age-Restricted Housing
36-7-14-50. Powers of Commission in Implementing Age-Restricted Housing Program
36-7-14-51. Findings for Age-Restricted Housing Program
36-7-14-53. Residential Housing Development Program; Authorization; Procedures
36-7-14-54. Residential Housing Development Program; Powers; Restrictions
36-7-14-55. Residential Housing Development Program; Required Findings
36-7-14-56. Residential Housing Development Program; Allocation Area