§ 36-7-14-3.7 — Transfer of control and jurisdiction over certain development areas; requirements

Indiana § 36-7-14-3.7

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

Text

7. (a) As used in this section, "development
area" means a redevelopment project area, economic development area,
or urban renewal project area established under this chapter.
(b) The jurisdiction and control over a development area established
by the redevelopment commission of a first municipality may be
transferred from that redevelopment commission to the redevelopment
commission of a second, adjacent municipality if:
(1) the owners of one hundred percent (100%) of the real property
in the development area consent to the transfer;
(2) the fiscal body of the first municipality and the fiscal body of
the second, adjacent municipality:
(A) adopt or have adopted:
(i) substantially similar ordinances; or
(ii) an interlocal agreement;
consenting to the transfer of the jurisdiction and control over
the development area; and
(B) agree or have agreed to transfer the geographic territory
comprising the development area from the first municipality to
the second, adjacent municipality through disannexation,
interlocal agreement, or any other legal means;
(3) no tax increment from an allocation area within the
development area has been pledged for the payment of bonds or
the payment of lease rentals; and
(4) either the first municipality or the second, adjacent
municipality has before the date of the transfer completed a
reorganization under IC 36-1.5.
(c) If the requirements of subsection (b) are satisfied:
(1) the jurisdiction and control over the development area is
transferred without any other action required from the fiscal
bodies, the redevelopment commissions, or the plan commissions
of the municipalities or from any other state or local entity;
(2) the development area is thereafter part of the territory that is
under the jurisdiction and control of the redevelopment
commission of the second, adjacent municipality;
(3) the development area or the redevelopment plan may be
altered or amended by the second, adjacent municipality and the
redevelopment commission of the second, adjacent municipality
as otherwise provided in this chapter; and
(4) any property taxes collected within the development area that
were payable to the first municipality, to any taxing district of the
first municipality, or to the redevelopment commission of the first
municipality shall after the transfer be payable to the second,
adjacent municipality, to the taxing districts of the second,
adjacent municipality, or to the redevelopment commission of the
second, adjacent municipality, as appropriate.
(d) If, before January 1, 2013, the redevelopment commission of the
first municipality has entered into an agreement to reimburse a person
or political subdivision for infrastructure improvements from tax
increments from an allocation area within the development area, the
obligation to make the reimbursement is transferred to the
redevelopment commission of the second, adjacent municipality upon
the effective date of the transfer of the jurisdiction and control over the
development area.
(e) The authority to transfer the jurisdiction and control over a
development area as provided in this section expires December 31,
2013.

Legislative History

As added by P.L.255-2013, SEC.15.