2.
(a)The redevelopment commission may
do the following:
(1)Acquire by purchase, exchange, gift, grant, condemnation, or
lease, or any combination of methods, any personal property or
interest in real property needed for the redevelopment of areas
needing redevelopment that are located within the corporate
boundaries of the unit.
(2)Hold, use, sell (by conveyance by deed, land sale contract, or
other instrument), exchange, lease, rent, or otherwise dispose of
property acquired for use in the redevelopment of areas needing
redevelopment on the terms and conditions that the commission
considers best for the unit and its inhabitants.
(3)Sell, lease, or grant interests in all or part of the real property
acquired for redevelopment purposes to any other department of
the unit or to any othe
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2. (a) The redevelopment commission may
do the following:
(1) Acquire by purchase, exchange, gift, grant, condemnation, or
lease, or any combination of methods, any personal property or
interest in real property needed for the redevelopment of areas
needing redevelopment that are located within the corporate
boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or
other instrument), exchange, lease, rent, or otherwise dispose of
property acquired for use in the redevelopment of areas needing
redevelopment on the terms and conditions that the commission
considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real property
acquired for redevelopment purposes to any other department of
the unit or to any other governmental agency for public ways,
levees, sewerage, parks, playgrounds, schools, and other public
purposes on any terms that may be agreed on.
(4) Clear real property acquired for redevelopment purposes.
(5) Enter on or into, inspect, investigate, and assess real property
and structures acquired or to be acquired for redevelopment
purposes to determine the existence, source, nature, and extent of
any environmental contamination, including the following:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(6) Remediate environmental contamination, including the
following, found on any real property or structures acquired for
redevelopment purposes:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(7) Repair and maintain structures acquired for redevelopment
purposes.
(8) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired for redevelopment purposes.
(9) Survey or examine any land to determine whether it should be
included within an area needing redevelopment to be acquired for
redevelopment purposes and to determine the value of that land.
(10) Appear before any other department or agency of the unit, or
before any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for redevelopment
purposes; or
(B) any area needing redevelopment within the jurisdiction of
the commissioners.
(11) Institute or defend in the name of the unit any civil action.
(12) Use any legal or equitable remedy that is necessary or
considered proper to protect and enforce the rights of and perform
the duties of the department of redevelopment.
(13) Appoint an executive director, appraisers, real estate experts,
engineers, architects, surveyors, and attorneys.
(14) Appoint clerks, guards, laborers, and other employees the
commission considers advisable, except that those appointments
must be made in accordance with the merit system of the unit if
such a system exists.
(15) Prescribe the duties and regulate the compensation of
employees of the department of redevelopment.
(16) Provide a pension and retirement system for employees of
the department of redevelopment by using the Indiana public
employees' retirement fund or a retirement plan approved by the
United States Department of Housing and Urban Development.
(17) Discharge and appoint successors to employees of the
department of redevelopment subject to subdivision (14).
(18) Rent offices for use of the department of redevelopment, or
accept the use of offices furnished by the unit.
(19) Equip the offices of the department of redevelopment with
the necessary furniture, furnishings, equipment, records, and
supplies.
(20) Expend, on behalf of the special taxing district, all or any
part of the money of the special taxing district.
(21) Contract for the construction of:
(A) local public improvements (as defined in IC 36-7-14.5-6)
or structures that are necessary for redevelopment of areas
needing redevelopment or economic development within the
corporate boundaries of the unit; or
(B) any structure that enhances development or economic
development.
(22) Contract for the construction, extension, or improvement of
pedestrian skyways.
(23) Accept loans, grants, and other forms of financial assistance
from the federal government, the state government, a municipal
corporation, a special taxing district, a foundation, or any other
source.
(24) Provide financial assistance (including grants and loans) to
enable individuals and families to purchase or lease residential
units in a multiple unit residential structure within the district.
However, financial assistance may be provided only to individuals
and families whose income is at or below the unit's median
income for individuals and families, respectively.
(25) Provide financial assistance (including grants and loans) to
neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described in
subdivision (24); or
(B) construct, rehabilitate, or repair commercial property within
the district.
(26) Require as a condition of financial assistance to the owner of
a multiple unit residential structure that any of the units leased by
the owner must be leased:
(A) for a period to be determined by the commission, which
may not be less than five (5) years;
(B) to families whose income does not exceed eighty percent
(80%) of the unit's median income for families; and
(C) at an affordable rate.
(27) This subdivision does not apply to a redevelopment
commission in a county for which the total amount of net property
taxes allocated to all allocation areas or other tax increment
financing areas established by a redevelopment commission,
military base reuse authority, military base development authority,
or another similar entity in the county in the preceding calendar
year exceeded nineteen percent (19%) of the total net property
taxes billed in the county in the preceding calendar year. Subject
to prior approval by the fiscal body of the unit that established the
redevelopment commission, expend money and provide financial
assistance (including grants and loans):
(A) in direct support of:
(i) an active military base located within the unit; or
(ii) an entity located in the territory or facilities of a military
base or former military base within the unit that is scheduled
for closing or is completely or partially inactive or closed, or
an entity that is located in any territory or facilities of the
United States Department of Defense within the unit that are
scheduled for closing or are completely or partially inactive
or closed;
including direct support for the promotion of the active military
base or entity, the growth of the active military base or entity,
and activities at the active military base or entity; and
(B) in support of any other entity that provides services or
direct support to an active military base or entity described in
clause (A).
The fiscal body of the unit that established the redevelopment
commission must separately approve each grant, loan, or other
expenditure for financial assistance under this subdivision. The
terms of any loan that is made under this subdivision may be
changed only if the change is approved by the fiscal body of the
unit that established the redevelopment commission. As used in
this subdivision, "active military base" has the meaning set forth
in IC 36-1-4-20.
(28) Expend revenues from a tax increment financing district that
are allocated for police and fire services on both capital
expenditures and operating expenses.
(b) Conditions imposed by the commission under subsection (a)(26)
remain in force throughout the period determined under subsection
(a)(26)(A), even if the owner sells, leases, or conveys the property. The
subsequent owner or lessee is bound by the conditions for the
remainder of the period.
(c) As used in this section, "pedestrian skyway" means a pedestrian
walkway within or outside of the public right-of-way and through and
above public or private property and buildings, including all structural
supports required to connect skyways to buildings or buildings under
construction. Pedestrian skyways constructed, extended, or improved
over or through public or private property constitute public property
and public improvements, constitute a public use and purpose, and do
not require vacation of any public way or other property.
(d) All powers that may be exercised under this chapter by the
redevelopment commission may also be exercised by the
redevelopment commission in carrying out its duties and purposes
under IC 36-7-14.5. However, if a power pertains to issuing bonds or
incurring an obligation, the exercise of the power must first be
specifically approved by the fiscal or legislative body of the unit,
whichever applies.
(e) A commission may not exercise the power of eminent domain.