Sec. 3.5. (a) The controller of the consolidated city is the fiscal officer of a commission subject to this chapter.
(b) The controller may obtain financial services on a contractual basis for purposes of carrying out the powers and duties of the commission and protecting the public interests related to the operations and funding of the commission. Subject to subsection (c), the controller has charge over and is responsible for the administration, investment, and disbursement of all funds and accounts of the commission in accordance with the requirements of state law that apply to other funds and accounts administered by the controller.
(c) The controller may disburse funds of the commission only after the commission allows and approves the disbursement. However, the commission may, by rule or resolution, authorize the controller to make certain types of disbursements before the commission's allowance and approval at its next regular meeting.
(d) The following apply to funds of the redevelopment commission:
(1) The funds must be accounted for separately by the unit establishing the redevelopment commission and the daily balance of the funds must be maintained in a separate ledger statement.
(2) Except as provided in subsection (e), all funds designated as redevelopment commission funds must be accessible to the redevelopment commission at any time.
(3) The amount of the daily balance of redevelopment commission funds shall be not below zero (0) at any time.
(4) The funds may not be maintained or used in a manner that is intended to avoid the waiver procedures and requirements for a unit and the redevelopment commission under subsection (e).
(e) If the fiscal body of the unit determines that it is necessary to engage in short-term borrowing until the next tax collection period, the fiscal body of the unit may request approval from the redevelopment commission to waive the requirement in subsection (d)(2). In order to waive the requirement under subsection (d)(2), the fiscal body of the unit and the redevelopment commission must adopt similar resolutions that set forth:
(1) the amount of the funds designated as redevelopment commission funds that are no longer accessible to the redevelopment commission under the waiver; and
(2) an expiration date for the waiver.
If a loan is made to a unit from funds designated as redevelopment funds, the loan must be repaid by the unit and the funds made accessible to the redevelopment commission not later than the end of the calendar year in which the funds are received by the unit.
(f) Subsections (d) and (e) do not restrict transfers or uses by a redevelopment commission made to meet commitments under a written agreement of the redevelopment commission that was entered into before January 1, 2016, if the written agreement complied with the requirements existing under the law at the time the redevelopment commission entered into the written agreement.
As added by P.L.149-2014, SEC.31. Amended by P.L.5-2015, SEC.68; P.L.87-2015, SEC.7; P.L.204-2016, SEC.34; P.L.85-2017, SEC.123.
Structure Indiana Code
Article 7. Planning and Development
Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment
36-7-15.1-1. Application of Chapter
36-7-15.1-2. Declaration of Policy
36-7-15.1-4. Redevelopment District Constituting Special Taxing District
36-7-15.1-4.2. Redevelopment Commission and Department Subject to Open Government Laws
36-7-15.1-4.3. Prohibition Regarding Single Family Residential Property
36-7-15.1-5. Pecuniary Interests of Commissioners and Nonvoting Advisers
36-7-15.1-6. Duties of Commission
36-7-15.1-7. Powers of Commission
36-7-15.1-8. Assembly of Data; Adoption of Resolution; Amendment of Resolution or Plan
36-7-15.1-11. Remonstrance; Appeal
36-7-15.1-12. Acquisition of Real Property by Commission; Legislative Body Approval
36-7-15.1-13. Eminent Domain; Approval by City-County Legislative Body
36-7-15.1-15. Appraisal, Publication, and Bidding Requirements
36-7-15.1-15.2. Sale or Grant of Real Property to Urban Enterprise Association
36-7-15.1-15.5. Additional Powers of Commission
36-7-15.1-15.7. Disposal of Real Property; Appraisal
36-7-15.1-16. Special Tax on Property in Redevelopment District
36-7-15.1-17. Redevelopment District Bonds
36-7-15.1-17.1. Lease of Property to Commission; Conditions
36-7-15.1-17.2. Persons Authorized as Lessors
36-7-15.1-17.5. Pledge of Revenues
36-7-15.1-18. Redevelopment District Fund
36-7-15.1-19. Redevelopment District Bond Fund; Special Tax
36-7-15.1-20. Urban Renewal Projects
36-7-15.1-21. Urban Renewal Plan
36-7-15.1-22. Commission Powers and Duties Concerning Planning and Urban Renewal Plans and Projects
36-7-15.1-23. Aid and Cooperation of Public Entities; Delegation; Agreements
36-7-15.1-25. Real Property Owned by a Redevelopment District Is Exempt From Taxation
36-7-15.1-26. Real Property Tax Allocation and Distribution
36-7-15.1-26.2. Definitions; Amendment of Resolution; Property Taxes
36-7-15.1-27. Crimes and Offenses
36-7-15.1-29. Determination of Economic Development Area; Approval; Requirements; Procedures
36-7-15.1-30. Powers of Commission
36-7-15.1-31. Findings of General Assembly
36-7-15.1-32. Housing Program; Notice and Hearing; Neighbor Associations and Residents
36-7-15.1-33. Commission Rights, Powers, Privileges, and Immunities
36-7-15.1-34. Housing Program; Resolution; Findings
36-7-15.1-36. Military Base Reuse Area
36-7-15.1-36.3. Annual Report; Contents
36-7-15.1-37. Additional Definitions; Applicability of Certain Sections
36-7-15.1-38. Redevelopment Districts
36-7-15.1-39. Powers and Duties of Commission; Eminent Domain
36-7-15.1-43. Additional Powers of Commission
36-7-15.1-44. Appraisal, Publication, and Bidding Requirements; Exceptions; Procedures
36-7-15.1-45. Issuance and Sale of Bonds by Commission
36-7-15.1-46. Lease of Property by Commission
36-7-15.1-47. Persons Permitted to Lease Facilities
36-7-15.1-48. Pledge of Revenue Received or to Be Received; Nonimpairment by General Assembly
36-7-15.1-49. Redevelopment District Fund
36-7-15.1-50. Tax on Redevelopment District Property; Redevelopment District Bond Fund
36-7-15.1-55. Modification of Definition of "Property Taxes"; Depreciable Personal Property
36-7-15.1-57. Designation of Economic Development Area
36-7-15.1-58. Commission Powers in Economic Development Area
36-7-15.1-59. Program for Age-Restricted Housing
36-7-15.1-60. Powers of Commission in Implementing Age-Restricted Housing Program