§ 36-7-13-10.5 — Designation of districts in economically distressed counties; duration of district; notice publication; information to taxing units; budget agency review

Indiana § 36-7-13-10.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 13: Industrial Development

Text

5. (a) This section applies only to a county
that meets the following conditions:
(1) The county's annual rate of unemployment has been above the
average annual statewide rate of unemployment during at least
three (3) of the preceding five (5) years.
(2) The median income of the county has:
(A) declined over the preceding ten (10) years; or
(B) has grown at a lower rate than the average annual statewide
growth in median income during at least three (3) of the
preceding five (5) years.
(3) The population of the county (as determined by the legislative
body of the county) has declined over the preceding ten (10)
years.
(b) Except as provided in section 10.7 of this chapter, in a county
described in subsection (a), the legislative body of the county may
adopt an ordinance designating an unincorporated part or
unincorporated parts of the county as a district, and the legislative body
of a municipality located within the county may adopt an ordinance
designating a part or parts of the municipality as a district, if the
legislative body finds all of the following:
(1) The area to be designated as a district contains a building or
buildings that:
(A) have a total of at least fifty thousand (50,000) square feet of
usable interior floor space; and
(B) are vacant or will become vacant due to the relocation of
the employer or the cessation of operations on the site by the
employer.
(2) Significantly fewer persons are employed in the area to be
designated as a district than were employed in the area during the
year that is ten (10) years previous to the current year.
(3) There are significant obstacles to redevelopment in the area
due to any of the following problems:
(A) Obsolete or inefficient buildings.
(B) Aging infrastructure or inefficient utility services.
(C) Utility relocation requirements.
(D) Transportation or access problems.
(E) Topographical obstacles to redevelopment.
(F) Environmental contamination or remediation.
(c) A legislative body adopting an ordinance under subsection (b)
shall designate the duration of the district. However, a district must
terminate not later than fifteen (15) years after the income tax
incremental amount or gross retail incremental amount is first allocated
to the district.
(d) Except as provided in section 10.7 of this chapter, upon adoption
of an ordinance designating a district, the legislative body shall:
(1) publish notice of the adoption and substance of the resolution
in accordance with IC 5-3-1; and
(2) file the following information with each taxing unit in the
county where the district is located:
(A) A copy of the notice required by subdivision (1).
(B) A statement disclosing the impact of the district, including
the following:
(i) The estimated economic benefits and costs incurred by the
district, as measured by increased employment and
anticipated growth of property assessed values.
(ii) The anticipated impact on tax revenues of each taxing
unit.
The notice must state the general boundaries of the district.
(e) Upon completion of the actions required by subsection (d), the
legislative body shall submit the ordinance to the budget committee for
review and recommendation to the budget agency. If the budget agency
fails to take action on an ordinance designating a district within one
hundred twenty (120) days after the date that the ordinance is
submitted to the budget committee, the designation of the district by
the ordinance is considered approved.
(f) Except as provided in section 10.7 of this chapter, when
considering the designation of a district by an ordinance adopted under
this section, the budget committee and the budget agency must make
the following findings before approving the designation of the district:
(1) The area to be designated as a district meets the conditions
necessary for the designation as a district.
(2) The designation of the district will benefit the people of
Indiana by protecting or increasing state and local tax bases and
tax revenues for at least the duration of the district.
(g) Except as provided in section 10.7 of this chapter, the income
tax incremental amount and the gross retail incremental amount may
not be allocated to the district until the designation of the district by the
local ordinance is approved under this section.

Legislative History

As added by P.L.174-2001, SEC.6. Amended by P.L.178-2002, SEC.118; P.L.81-2004, SEC.33 and P.L.90-2004, SEC.6; P.L.199-2005, SEC.31.