§ 36-7-30-17 — Clearing, maintenance, and replanning of area

Indiana § 36-7-30-17

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30: Reuse of Federal Military Bases

Text

(a) The reuse authority may proceed with the
clearing and replanning of the area described in the resolution before
the acquisition of all of the area. The reuse authority may also proceed
with the repair and maintenance of buildings that have been acquired
and are not to be cleared. This clearance, repair, and maintenance may
be carried out by labor employed directly by the reuse authority 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) To the extent the reuse authority undertakes to engage 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 reuse authority shall proceed in the
same manner as private owners of the property. The reuse authority
may negotiate with the proper officers and agencies of the unit to
secure the proper orders, approvals, and consents.
(d) Construction work required in connection with improvements in
the area described in the resolution may be carried out by the
following:
(1) The appropriate municipal or county department or agency.
(2) The reuse authority, 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 reuse
authority.
(e) The reuse authority may pay any charges or assessments made
on account of orders, approvals, consents, and construction work under
this section, or may agree to pay the assessments in installments as
provided by statute in the case of private owners. The reuse authority
may do the following:
(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.
(2) Cause any assessments to be spread on a different basis than
that provided by statute.
(f) The real property acquired under this chapter may not be set
aside and dedicated for public ways, parking facilities, sewers, levees,
parks, or other public purposes until the reuse authority has obtained
the consent and approval of the department or agency under whose
jurisdiction the property will be placed.
(g) The reuse authority may negotiate for the sale, lease, or other
disposition of real and personal property without complying with the
provisions of IC 36-1-11 or any other statute governing the disposition
of public property. A conveyance under this section may not be made
until the agreed consideration has been paid, unless the reuse authority
passes a resolution expressly providing that the consideration does not
have to be paid before the conveyance is made. The resolution may
provide for a mortgage or other security. All deeds, leases, land sale
contracts, or other conveyances shall be executed in the name of the
reuse authority and shall be signed by the president or vice president
of the reuse authority and attested by the secretary-treasurer. A seal is
not required on these instruments or any other instruments executed in
the name of the reuse authority. Proceeds from the sale, lease, or other
disposition of property may be deposited in any fund and used for any
purpose permitted under this chapter, as directed by the reuse authority.

Legislative History

As added by P.L.26-1995, SEC.14.