This text of Indiana § 36-7-14-15.5 (Redevelopment project areas in certain counties; inclusion of
additional areas outside boundaries) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5.
(a)This section applies to a county
having a population of more than two hundred fifty thousand (250,000)
and less than three hundred thousand (300,000).
(b)In adopting a declaratory resolution under section 15 of this
chapter, a redevelopment commission may include a provision stating
that the redevelopment project area is considered to include one (1) or
more additional areas outside the boundaries of the redevelopment
project area if the redevelopment commission makes the following
findings and the requirements of subsection (c) are met:
(1)One (1) or more taxpayers presently located within the
boundaries of the redevelopment project area are expected within
one (1) year to relocate all or part of their operations outside the
boundaries of the redevelopment project area and have e
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5. (a) This section applies to a county
having a population of more than two hundred fifty thousand (250,000)
and less than three hundred thousand (300,000).
(b) In adopting a declaratory resolution under section 15 of this
chapter, a redevelopment commission may include a provision stating
that the redevelopment project area is considered to include one (1) or
more additional areas outside the boundaries of the redevelopment
project area if the redevelopment commission makes the following
findings and the requirements of subsection (c) are met:
(1) One (1) or more taxpayers presently located within the
boundaries of the redevelopment project area are expected within
one (1) year to relocate all or part of their operations outside the
boundaries of the redevelopment project area and have expressed
an interest in relocating all or part of their operations within the
boundaries of an additional area.
(2) The relocation described in subdivision (1) will contribute to
the continuation of the conditions described in IC 36-7-1-3 in the
redevelopment project area.
(3) For purposes of this section, it will be of public utility and
benefit to include the additional areas as part of the
redevelopment project area.
(c) Each additional area must be designated by the redevelopment
commission as a redevelopment project area or an economic
development area under this chapter.
(d) Notwithstanding section 3 of this chapter, the additional areas
shall be considered to be a part of the redevelopment special taxing
district under the jurisdiction of the redevelopment commission. Any
excess property taxes that the commission has determined may be paid
to taxing units under section 39(b)(5) of this chapter shall be paid to
the taxing units from which the excess property taxes were derived. All
powers of the redevelopment commission authorized under this chapter
may be exercised by the redevelopment commission in additional areas
under its jurisdiction.
(e) The declaratory resolution must include a statement of the
general boundaries of each additional area. However, it is sufficient to
describe those boundaries by location in relation to public ways,
streams, or otherwise, as determined by the commissioners.
(f) The declaratory resolution may include a provision with respect
to the allocation and distribution of property taxes with respect to one
(1) or more of the additional areas in the manner provided in section 39
of this chapter. If the redevelopment commission includes such a
provision in the resolution, allocation areas in the redevelopment
project area and in the additional areas considered to be part of the
redevelopment project area shall be considered a single allocation area
for purposes of this chapter.
(g) The additional areas must be located within the same county as
the redevelopment project area but are not otherwise required to be
within the jurisdiction of the redevelopment commission, if the
redevelopment commission obtains the consent by ordinance of:
(1) the county legislative body, for each additional area located
within the unincorporated part of the county; or
(2) the legislative body of the city or town affected, for each
additional area located within a city or town.
In granting its consent, the legislative body shall approve the plan of
development or redevelopment relating to the additional area.
(h) A declaratory resolution previously adopted may be amended to
include a provision to include additional areas as set forth in this
section and an allocation provision under section 39 of this chapter
with respect to one (1) or more of the additional areas in accordance
with sections 15, 16, and 17 of this chapter.
(i) The redevelopment commission may amend the allocation
provision of a declaratory resolution in accordance with sections 15,
16, and 17 of this chapter to change the assessment date that
determines the base assessed value of property in the allocation area to
any assessment date following the effective date of the allocation
provision of the declaratory resolution. Such a change may relate to the
assessment date that determines the base assessed value of that portion
of the allocation area that is located in the redevelopment project area
alone, that portion of the allocation area that is located in an additional
area alone, or the entire allocation area.