(a)If a municipal or county executive has
submitted an application to an advisory commission on industrial
development requesting that an area be designated as a district under
this chapter and the advisory commission has compiled and prepared
the information required under section 11 of this chapter concerning
the area, the advisory commission may adopt a resolution designating
the area as a district if it makes the findings described in subsection (b),
(c), (d), or (e). In a county described in subsection (c), an advisory
commission may designate more than one (1) district under subsection
(c).
(b)For an area located in a county having a population of more than
one hundred thirty-nine thousand (139,000) and less than one hundred
sixty thousand (160,000), an advisory commission may adop
Free access — add to your briefcase to read the full text and ask questions with AI
(a) If a municipal or county executive has
submitted an application to an advisory commission on industrial
development requesting that an area be designated as a district under
this chapter and the advisory commission has compiled and prepared
the information required under section 11 of this chapter concerning
the area, the advisory commission may adopt a resolution designating
the area as a district if it makes the findings described in subsection (b),
(c), (d), or (e). In a county described in subsection (c), an advisory
commission may designate more than one (1) district under subsection
(c).
(b) For an area located in a county having a population of more than
one hundred thirty-nine thousand (139,000) and less than one hundred
sixty thousand (160,000), an advisory commission may adopt a
resolution designating a particular area as a district only after finding
all of the following:
(1) The area contains a building or buildings:
(A) with at least one million (1,000,000) square feet of usable
interior floor space; and
(B) that is or are vacant or will become vacant due to the
relocation of an employer.
(2) At least one thousand (1,000) fewer persons are employed in
the area 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 of 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.
(4) The unit has expended, appropriated, pooled, set aside, or
pledged at least one hundred thousand dollars ($100,000) for
purposes of addressing the redevelopment obstacles described in
subdivision (3).
(5) The area is located in a county having a population of more
than one hundred thirty-nine thousand (139,000) and less than
one hundred sixty thousand (160,000).
(c) For a county having a population of more than one hundred ten
thousand (110,000) and less than one hundred twelve thousand
(112,000), an advisory commission may adopt a resolution designating
not more than three (3) areas as districts. An advisory commission may
designate an area as a district only after finding the following:
(1) The area meets at least one (1) of the following conditions:
(A) The area meets the following conditions:
(i) The area contains a building with at least seven hundred
ninety thousand (790,000) square feet.
(ii) At least eight hundred (800) fewer people are employed
in the area than were employed in the area during the year
that is fifteen (15) years previous to the current year.
(iii) The area is located in or is adjacent to an industrial park.
(B) The area meets the following conditions:
(i) The area contains a building with at least three hundred
eighty-six thousand (386,000) square feet.
(ii) At least four hundred (400) fewer people are employed in
the area than were employed in the area during the year that
is fifteen (15) years previous to the current year.
(iii) The area is located in or is adjacent to an industrial park.
(C) The area meets the following conditions:
(i) The area contains a building with at least one million
(1,000,000) square feet.
(ii) At least seven hundred (700) fewer people are employed
in the area than were employed in the area on January 1,
2008.
(2) There are significant obstacles to redevelopment of 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.
(3) The area is located in a county having a population of more
than one hundred ten thousand (110,000) and less than one
hundred twelve thousand (112,000).
(d) For an area located in a county having a population of more than
two hundred fifty thousand (250,000) and less than three hundred
thousand (300,000), an advisory commission may adopt a resolution
designating a particular area as a district only after finding all of the
following:
(1) The area contains a building or buildings:
(A) with at least one million five hundred thousand (1,500,000)
square feet of usable interior floor space; and
(B) that is or are vacant or will become vacant.
(2) At least eighteen thousand (18,000) fewer persons are
employed in the area at the time of application than were
employed in the area before the time of application.
(3) There are significant obstacles to redevelopment of 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.
(4) The unit has expended, appropriated, pooled, set aside, or
pledged at least one hundred thousand dollars ($100,000) for
purposes of addressing the redevelopment obstacles described in
subdivision (3).
(5) The area is located in a county having a population of more
than two hundred fifty thousand (250,000) and less than three
hundred thousand (300,000).
(e) For an area located in a county having a population of more than
three hundred fifty thousand (350,000) and less than four hundred
thousand (400,000), an advisory commission may adopt a resolution
designating a particular area as a district only after finding all of the
following:
(1) The area contains a building or buildings:
(A) with at least eight hundred thousand (800,000) gross square
feet; and
(B) having leasable floor space, at least fifty percent (50%) of
which is or will become vacant.
(2) There are significant obstacles to redevelopment of the area
due to any of the following problems:
(A) Obsolete or inefficient buildings as evidenced by a decline
of at least seventy-five percent (75%) in their assessed
valuation during the preceding ten (10) years.
(B) Transportation or access problems.
(C) Environmental contamination.
(3) At least four hundred (400) fewer persons are employed in the
area than were employed in the area during the year that is fifteen
(15) years previous to the current year.
(4) The area has been designated as an economic development
target area under IC 6-1.1-12.1-7.
(5) The unit has appropriated, pooled, set aside, or pledged at
least two hundred fifty thousand dollars ($250,000) for purposes
of addressing the redevelopment obstacles described in
subdivision (2).
(6) The area is located in a county having a population of more
than three hundred fifty thousand (350,000) and less than four
hundred thousand (400,000).
(f) The advisory commission, or the county or municipal legislative
body, in the case of a district designated under section 10.5 of this
chapter, 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.
(g) Upon adoption of a resolution designating a district, the advisory
commission 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.
(h) Upon completion of the actions required by subsection (g), the
advisory commission shall submit the resolution to the budget
committee for review and recommendation to the budget agency. If the
budget agency fails to take action on a resolution designating a district
within one hundred twenty (120) days after the date that the resolution
is submitted to the budget committee, the designation of the district by
the resolution is considered approved.
(i) When considering a resolution, the budget committee and the
budget agency must make the following findings:
(1) The area to be designated as a district meets the conditions
necessary for 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.
(j) The income tax incremental amount and the gross retail
incremental amount may not be allocated to the district until the
resolution is approved under this section.