§ 36-7-14-21 — Commission authority in redevelopment area

Indiana § 36-7-14-21

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 14: Redevelopment of Areas Needing Redevelopment

Text

(a) The redevelopment commission may
proceed with the clearing and replanning of the area described in the
resolution before the acquisition of all of that area. It may also proceed
with the repair and maintenance of buildings that have been acquired
and are not to be cleared, and with the following with respect to
environmental contamination:
(1) Investigation.
(2) Remediation.
The redevelopment commission may carry out activities under this
subsection by labor employed directly by the commission or by
contract. Contracts for clearance may provide that the contractor is
entitled to retain and dispose of salvaged material, as a part of the
contract price or on the basis of stated prices for the amounts of the
various materials actually salvaged.
(b) All contracts for material or labor under this section shall be let
under IC 36-1.
(c) In the planning and rezoning of the real property acquired, the
opening, closing, relocation, and improvement of public ways, and the
construction, relocation, and improvement of levees, sewers, parking
facilities, and utility services, the redevelopment commission shall
proceed in the same manner as private owners of the property. It may
negotiate with the proper officers and agencies of the unit to secure the
proper orders, approvals, and consents.
(d) Any construction work required in connection with
improvements in the area described in the resolution may be carried out
by:
(1) the appropriate municipal or county department or agency; or
(2) the department of redevelopment, if:
(A) all plans, specifications, and drawings are approved by the
appropriate department or agency; and
(B) the statutory procedures for the letting of contracts by the
appropriate department or agency are followed by the
department of redevelopment.
(e) The redevelopment commission may pay any charges or
assessments made on account of orders, approval, consents, and
construction work under this section, or may agree to pay these
assessments in installments as provided by statute in the case of private
owners. The commission may:
(1) by special waiver filed with the municipal works board or
county executive, waive the statutory procedure and notices
required by law in order to create valid liens on private property;
and
(2) cause any assessments to be spread on a different basis than
that provided by statute.
(f) None of the real property acquired under this chapter may be set
aside and dedicated for public ways, parking facilities, sewers, levees,
parks, or other public purposes until the redevelopment commission
has obtained the consent and approval of the department or agency
under whose jurisdiction the property will be placed.
[Pre-Local Government Recodification Citations: 18-7-7-18
part; 18-7-7.1-18.]
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts
1981, P.L.310, SEC.89; Acts 1982, P.L.33, SEC.30; P.L.221-2007,
SEC.36.