Title 36, LOCAL GOVERNMENT

Sec. 13. (a) The budget agency must approve the resolution before covered taxes may be allocated under section 14 or 14.2 of this chapter. (b) When considering a resolution with respect to a tax area change described in section 11(a)(1) of this chapter, the budget committee and t…

Sec. 14. (a) This section does not apply to that part of the tax area in which a facility or complex of facilities described in section 10(b)(3) and 10(c) of this chapter is located. A reference to "tax area" in this section does not include the part of the tax area in which a fa…

Sec. 14.1. (a) The budget director appointed under IC 4-12-1-3 may determine that, commencing July 1, 2007, and terminating January 1, 2041, there may be captured in the tax area up to eleven million dollars ($11,000,000) per year in addition to the up to five million dollars ($5…

Sec. 14.2. (a) This section applies to the part of the tax area in which a facility or complex of facilities described in section 10(b)(3) and 10(c) of this chapter is located. A reference to "tax area addition" in this section includes only the part of the tax area in which a fa…

Sec. 14.5. Notwithstanding any other law, if the Indiana economic development corporation subsequently designates territory that is located in an existing allocation area under this chapter as an innovation development district under IC 36-7-32.5, the allocation area may not be r…

Sec. 15. (a) When the commission adopts an allocation provision, the commission shall notify the department by certified mail of the adoption of the provision and shall include with the notification a complete list of the following: (1) Employers in the tax area. (2) Street names…

Sec. 16. (a) A professional sports development area fund for the county is established. The fund shall be administered by the department. Money in the fund does not revert to the state general fund at the end of a state fiscal year. (b) A sports and convention facilities operatin…

Sec. 17. Covered taxes attributable to a taxing area established under section 14 of this chapter shall be deposited in the professional sports development area fund established by section 16(a) of this chapter for the county. As added by P.L.255-1997(ss), SEC.19. Amended by P.L.…

Sec. 18. On or before the twentieth day of each month, all amounts held in the professional sports development area fund and in the sports and convention facilities operating fund for the county are appropriated for and shall be distributed to the capital improvement board. As ad…

Sec. 19. The department shall notify the county auditor of the amount of taxes to be distributed to the capital improvement board. As added by P.L.255-1997(ss), SEC.19.

Sec. 2. As used in this chapter, "budget agency" means the budget agency established by IC 4-12-1. As added by P.L.255-1997(ss), SEC.19.

Sec. 20. All distributions from the professional sports development area fund or the sports and convention facilities operating fund for the county shall be made by warrants issued by the state comptroller to the treasurer of state ordering those payments to the capital improveme…

Sec. 21. (a) Except as provided in section 14.1 of this chapter, the capital improvement board may use money distributed from the professional sports development area fund established by section 16(a) of this chapter only to construct and equip a capital improvement that is used …

Sec. 22. The capital improvement board shall repay to the professional sports development area fund or the sports and convention facilities operating fund any amount that is distributed to the capital improvement board and used for: (1) a purpose that is not described in section …

Sec. 23. This chapter expires December 31, 2040. As added by P.L.255-1997(ss), SEC.19. Amended by P.L.214-2005, SEC.71.

Sec. 3. As used in this chapter, "budget committee" has the meaning set forth in IC 4-12-1-3. As added by P.L.255-1997(ss), SEC.19.

Sec. 4. As used in this chapter, "capital improvement board" refers to the capital improvement board of managers established by IC 36-10-9-3. As added by P.L.255-1997(ss), SEC.19.

Sec. 5. As used in this chapter, "commission" refers to the metropolitan development commission acting as the redevelopment commission of a consolidated city. As added by P.L.255-1997(ss), SEC.19.

Sec. 6. As used in this chapter, "covered taxes" means the following: (1) With respect to the professional sports development area as it existed on December 31, 2008: (A) The state gross retail tax imposed under IC 6-2.5-2-1 or use tax imposed under IC 6-2.5-3-2. (B) An adjusted …

Sec. 7. As used in this chapter, "department" refers to the department of state revenue. As added by P.L.255-1997(ss), SEC.19.

Sec. 8. As used in this chapter, "tax area" means a geographic area established by a commission as a professional sports development area under section 14 of this chapter. As added by P.L.255-1997(ss), SEC.19.

Sec. 9. As used in this chapter, "taxpayer" means a person that is liable for a covered tax. As added by P.L.255-1997(ss), SEC.19.

Sec. 1. This chapter applies to each consolidated city. As added by Acts 1982, P.L.77, SEC.27.

Sec. 10. (a) The board may recommend to the city-county legislative body that it finance the cost of facilities for waste disposal by borrowing money and issuing revenue bonds from time to time under this section. (b) The issuance of revenue bonds must be authorized by ordinance …

Sec. 11. (a) The consolidated city may, upon request of the board: (1) enter into agreements concerning, and acquire by any lawful means, real property or interests in real and personal property needed for the purposes of this section; (2) enter into financing agreements to purch…

Sec. 12. If the legislative body finds that a refunding of outstanding bonds would be of benefit to the health and welfare of the consolidated city and would comply with the purposes and provisions of this chapter, it may authorize the issuance of bonds under IC 5-1-5 to refund o…

Sec. 13. (a) The consolidated city, pending receipt of any grant may, but within the limitation set forth in this section, borrow money from any person and evidence the debt so incurred by note or notes executed by the executive and fiscal officer of the consolidated city and con…

Sec. 14. (a) All bonds issued under this chapter may: (1) be issued as serial bonds or as term bonds or a combination of both types; (2) be executed and delivered by the consolidated city at any time and from time to time; (3) bear such date or dates; (4) bear interest at such ra…

Sec. 15. The bonds issued under this chapter may be secured by a trust indenture by and between the consolidated city and a corporate trustee, which may be any national or state bank having its principal office in Indiana and having trust powers. The trust indenture or resolution…

Sec. 16. Any security issued in connection with a financing under this chapter the interest on which is excludable from adjusted gross income tax is exempt from the registration requirements of IC 23-19 or any other securities registration law. As added by Acts 1982, P.L.77, SEC.…

Sec. 17. All bonds, as well as grant and bond anticipation notes, issued under this chapter and the interest on them are exempt from taxation in accordance with IC 6-8-5. As added by Acts 1982, P.L.77, SEC.27.

Sec. 18. All revenues received by the consolidated city under this chapter are exempt from all taxation. As added by Acts 1982, P.L.77, SEC.27.

Sec. 19. The facilities, or any part of them, to be financed under this chapter, may be financed by any one (1) or more or any combination of one (1) or more of the methods provided for in this chapter. As added by Acts 1982, P.L.77, SEC.27.

Sec. 2. As used in this chapter: "Board" refers to the board of public works of the consolidated city, subject to IC 36-3-4-23. "Byproduct" means energy and materials from wastes in a form that will allow their reuse. "Byproduct recovery facility" means a facility for the systema…

Sec. 20. An action to contest the validity of the bonds or to prevent their issuance must be brought within thirty (30) days following the adoption of the ordinance or resolution authorizing the bonds. As added by Acts 1982, P.L.77, SEC.27.

Sec. 21. This chapter constitutes full authority for the issuance of bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things, by a board, officer, commission, department, agency, or instrumentality of the state is required to issue bo…

Sec. 22. A facility owned, operated, or financed under this chapter and the sale of byproducts from it are exempt from regulation under IC 8-1-2. IC 8-1-11.1 does not apply to such a facility or its operation or financing. As added by Acts 1982, P.L.77, SEC.27.

Sec. 23. (a) Subject to subsection (b), any facility: (1) owned; (2) operated; or (3) financed after December 2, 2008; under this chapter shall accept waste accumulated within the waste disposal district without discrimination as to whether or not the waste is collected by the co…

Sec. 24. An energy byproduct of a facility may not be sold to a person already being served the same type of energy by a public utility subject to regulation by the utility regulatory commission; however, an energy byproduct of a facility may be sold to a person who: (1) after th…

Sec. 25. This chapter is supplemental to all other statutes covering the acquisition, construction, modification, use, and maintenance of facilities for waste disposal by a consolidated city. As to facilities acquired, constructed, modified, operated, or leased under this chapter…

Sec. 3. In order to provide for the collection and disposal of waste in the consolidated city and for the management, operation, acquisition, and financing of facilities for waste disposal, the board may exercise the following powers on behalf of the city, in addition to the powe…

Sec. 4. (a) Notwithstanding any statute relating to the length, duration, and terms of contracts and agreements, the board on behalf of the consolidated city may enter into any contract or agreement with any person upon such terms and conditions as may be agreed upon, for the des…

Sec. 5. (a) Any put or pay contract may provide for payments to be made by the consolidated city under the contract from: (1) the levy of taxes; (2) revenues; (3) any other available funds of the consolidated city; or (4) any combination of the foregoing. (b) A put or pay contrac…

Sec. 6. The service district and the waste disposal district may impose ad valorem property tax levies for the purpose of paying for waste collection, or waste disposal. However, notwithstanding any other provision of this chapter, if a property tax is levied for waste collection…

Sec. 7. The service district is created for the purpose of providing persons within its territory with solid waste collection service. As added by Acts 1982, P.L.77, SEC.27.

Sec. 8. (a) The board may establish fees for waste collection and disposal. The board shall establish fees for waste disposal when necessary to pay principal or interest on any bonds issued under section 10 of this chapter. Fees established under this subsection shall apply to al…