Indiana § 36-7-22-7 Ordinance; establishing district

Indiana Statutes

§ 36-7-22-7 — Ordinance; establishing district

Indiana·Title 36 LOCAL GOVERNMENT·Art. 7 PLANNING AND DEVELOPMENT·Ch. 22 Economic Improvement Districts

(a)After conducting a hearing on the proposed economic improvement district, the legislative body may adopt an ordinance establishing the economic improvement district if it determines that:

(1)the petition meets the requirements of this section and sections 4 and 5 of this chapter;

(2)the economic improvement projects to be undertaken in the district will provide special benefits to property owners in the district and will be of public utility and benefit;

(3)the benefits provided by the project will be new benefits that do not replace benefits existing before the establishment of the district; and

(4)the formula to be used for the assessment of benefits is appropriate.

(b)The legislative body may adopt the ordinance only if it determines that the petition has been signed by:

(1)at

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(a) After conducting a hearing on the proposed
economic improvement district, the legislative body may adopt an
ordinance establishing the economic improvement district if it
determines that:
(1) the petition meets the requirements of this section and sections
4 and 5 of this chapter;
(2) the economic improvement projects to be undertaken in the
district will provide special benefits to property owners in the
district and will be of public utility and benefit;
(3) the benefits provided by the project will be new benefits that
do not replace benefits existing before the establishment of the
district; and
(4) the formula to be used for the assessment of benefits is
appropriate.
(b) The legislative body may adopt the ordinance only if it
determines that the petition has been signed by:
(1) at least sixty percent (60%) of the owners of real property
within the proposed district; and
(2) the owners of real property constituting at least sixty percent
(60%) of the assessed valuation in the proposed district.
(c) The signature of a person whose property:
(1) is:
(A) owned by a nonprofit entity and is exempt from property
taxation under IC 6-1.1-10-16;
(B) owned by this state or a state agency or leased to a state
agency and is exempt from property taxation under IC 6-1.1-10
or any other law; or
(C) owned by a political subdivision of this state and is exempt
from property taxation under IC 6-1.1-10 or any other law; or
(2) would be exempt from assessments under the ordinance;
may not be considered in determining whether the requirements of
subsection (b) are met.
(d) In addition, the assessed valuation of any property that:
(1) is:
(A) owned by a nonprofit entity and is exempt from property
taxation under IC 6-1.1-10-16;
(B) owned by this state or a state agency or leased to a state
agency and is exempt from property taxation under IC 6-1.1-10
or any other law; or
(C) owned by a political subdivision of this state and is exempt
from property taxation under IC 6-1.1-10 or any other law; or
(2) would be exempt from assessment under the ordinance;
may not be considered in determining the total assessed valuation in
the proposed district.