This text of Indiana § 6-1.1-21.2-12 (Governing body action to raise tax increment replacement amount;
review and action by legislative body; procedure; funding of certain
amount by metropolitan development commission from personal
property taxes) 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.
(a)This section applies if the tax
increment replacement amount for an allocation area in a district is
greater than zero (0).
(b)A governing body may, after a public hearing, do the following:
(1)Impose a special assessment on the owners of property that is
located in an allocation area to raise an amount not to exceed the
tax increment replacement amount.
(2)Impose a tax on all taxable property in the district in which the
governing body exercises jurisdiction to raise an amount not to
exceed the tax increment replacement amount.
(3)Reduce the base assessed value of property in the allocation
area to an amount that is sufficient to increase the tax increment
revenues in the allocation area by an amount that does not exceed
the tax increment replacement amount.
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(a) This section applies if the tax
increment replacement amount for an allocation area in a district is
greater than zero (0).
(b) A governing body may, after a public hearing, do the following:
(1) Impose a special assessment on the owners of property that is
located in an allocation area to raise an amount not to exceed the
tax increment replacement amount.
(2) Impose a tax on all taxable property in the district in which the
governing body exercises jurisdiction to raise an amount not to
exceed the tax increment replacement amount.
(3) Reduce the base assessed value of property in the allocation
area to an amount that is sufficient to increase the tax increment
revenues in the allocation area by an amount that does not exceed
the tax increment replacement amount.
(c) The governing body shall submit a proposed special assessment
or tax levy under this section to the legislative body of the unit that
established the district. The legislative body may:
(1) reduce the amount of the special assessment or tax to be levied
under this section;
(2) determine that no special assessment or property tax should be
levied under this section; or
(3) increase the special assessment or tax to the amount necessary
to fully fund the tax increment replacement amount.
(d) Before a public hearing under subsection (b) may be held, the
governing body must publish notice of the hearing under IC 5-3-1. The
notice must also be sent to the fiscal officer of each political
subdivision that is located in any part of the district. The notice must
state that the governing body will meet to consider whether a special
assessment or tax should be imposed under this chapter and whether
the special assessment or tax will help the governing body realize the
redevelopment or economic development objectives for the allocation
area or honor its obligations related to the allocation area. The notice
must also specify a date when the governing body will receive and hear
remonstrances and objections from persons affected by the special
assessment. All persons affected by the hearing, including all taxpayers
within the allocation area, shall be considered notified of the pendency
of the hearing and of subsequent acts, hearings, and orders of the
governing body by the notice. At the hearing, which may be adjourned
from time to time, the governing body shall hear all persons affected by
the proceedings and shall consider all written remonstrances and
objections that have been filed. The only grounds for remonstrance or
objection are that the special assessment or tax will not help the
governing body realize the redevelopment or economic development
objectives for the allocation area or honor its obligations related to the
allocation area. After considering the evidence presented, the
governing body shall take final action concerning the proposed special
assessment or tax. The final action taken by the governing body shall
be recorded and is final and conclusive, except that an appeal may be
taken in the manner prescribed by subsection (e).
(e) A person who filed a written remonstrance with a governing
body under subsection (d) and is aggrieved by the final action taken
may, within ten (10) days after that final action, file in the office of the
clerk of the circuit or superior court a copy of the order of the
governing body and the person's remonstrance or objection against that
final action, together with a bond conditioned to pay the costs of appeal
if the appeal is determined against the person. The only ground of
remonstrance or objection that the court may hear is whether the
proposed special assessment or tax will help achieve the redevelopment
of economic development objectives for the allocation area or honor its
obligations related to the allocation area. An appeal under this
subsection shall be promptly heard by the court without a jury. All
remonstrances or objections upon which an appeal has been taken must
be consolidated, heard, and determined within thirty (30) days after the
time of the filing of the appeal. The court shall hear evidence on the
remonstrances or objections and may confirm the final action of the
governing body or sustain the remonstrances or objections. The
judgment of the court is final and conclusive, unless an appeal is taken
as in other civil actions.
(f) This section applies to a governing body that:
(1) is the metropolitan development commission for a county
having a consolidated city; and
(2) has established an allocation area and pledged tax increment
revenues from the area to the payment of bonds, leases, or other
obligations before May 8, 1989.
Notwithstanding subsections (a) through (e), the governing body may
determine to fund that part of the tax increment replacement amount
attributable to the repeal of IC 36-7-15.1-26.5, IC 36-7-15.1-26.7, and
IC 36-7-15.1-26.9 from property taxes on personal property (as defined
in IC 6-1.1-1-11). If the governing body makes such a determination,
the property taxes on personal property in the amount determined under
this subsection shall be allocated to the redevelopment district, paid
into the special fund for the allocation area, and used for the purposes
specified in IC 36-7-15.1-26.