Title 36, LOCAL GOVERNMENT

Sec. 2. (a) On or before January 31, all local units of government shall annually submit to the state board of accounts a report of each individual local unit of government employee employed by the local unit of government whose salary is funded in whole or in part from donated m…

Sec. 1. (a) This chapter applies to all units in which all or a part of a military base is located. (b) As used in sections 18 and 24 of this chapter, "bonds" means bonds, notes, evidences of indebtedness, or other obligations issued by the reuse authority in the name of the unit…

Sec. 10. (a) The reuse authority shall adopt a plan for the rehabilitation, development, redevelopment, and reuse of military base property to be acquired from the federal government upon the closure of a military base within the boundaries of the unit. (b) In conjunction with th…

Sec. 11. (a) After adoption of a resolution under section 10 of this chapter, the reuse authority shall submit the resolution and supporting data to the plan commission of the unit or other body charged with the duty of developing a general plan for the unit, if there is such a b…

Sec. 12. (a) After receipt of all orders and approvals required under section 11 of this chapter, the reuse authority shall publish notice of the adoption and the substance of the resolution in accordance with IC 5-3-1. The notice must name a date when the reuse authority will re…

Sec. 13. (a) The reuse authority must conduct a public hearing before amending a resolution or plan for a military base reuse area. The reuse authority shall give notice of the hearing in accordance with IC 5-3-1. The notice must do the following: (1) Set forth the substance of t…

Sec. 14. (a) A person who filed a written remonstrance with the reuse authority under section 12 or 13 of this chapter and is aggrieved by the final action taken may not more than ten (10) days after that final action file in the office of the clerk of the circuit or superior cou…

Sec. 15. (a) If no appeal is taken or if an appeal is taken but is unsuccessful, the reuse authority shall proceed with the plan to the extent that money is available for that purpose. (b) Negotiations for the purchase of property may be carried on directly by the reuse authority…

Sec. 16. (a) If the reuse authority considers it necessary to acquire real property in or serving a reuse area by the exercise of the power of eminent domain, it shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a pet…

Sec. 17. (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 t…

Sec. 18. (a) In addition to other methods of raising money for property acquisition, redevelopment, or economic development activities in or directly serving or benefiting a military base reuse area, and in anticipation of the taxes allocated under section 25 of this chapter, oth…

Sec. 19. (a) A reuse authority may enter into a lease of any property that could be financed with the proceeds of bonds issued under this chapter with a lessor for a term not to exceed fifty (50) years and the lease may provide for payments to be made by the reuse authority from …

Sec. 2. (a) The planning, replanning, rehabilitation, development, redevelopment, and other preparation for reuse of military bases and military base property are public and governmental functions that cannot be accomplished through the ordinary operations of private enterprise b…

Sec. 20. (a) Any of the following persons may lease facilities referred to in section 19 of this chapter to a military base reuse authority under this chapter: (1) A for-profit or nonprofit corporation organized under Indiana law or admitted to do business in Indiana. (2) A partn…

Sec. 21. (a) Notwithstanding any other law, the legislative body may pledge revenues received or to be received by the unit from: (1) the unit's additional revenue from the local income tax that is designated for certified shares or economic development under IC 6-3.6-6; (2) any …

Sec. 22. (a) All proceeds from the sale of bonds under section 18 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the property acquisition, redevelopment, and economic development of the military base reuse area. The f…

Sec. 23. (a) All payments from any of the funds established by this chapter shall be made by warrants drawn by the secretary-treasurer or the secretary-treasurer's agent under section 6 of this chapter on vouchers of the reuse authority signed by the president or vice president a…

Sec. 24. (a) In order to finance activities authorized under this chapter, the reuse authority may apply for and accept advances, short term and long term loans, grants, contributions, and any other form of financial assistance from the federal government, or from any of its agen…

Sec. 25. (a) The following definitions apply throughout this section: (1) "Allocation area" means that part of a military base reuse area to which an allocation provision of a declaratory resolution adopted under section 10 of this chapter refers for purposes of distribution and …

Sec. 25.1. (a) This section applies only to a reuse authority that had jurisdiction over an enterprise zone established under IC 5-28-15-11 that is expired under IC 5-28-15. (b) As used in this section, "incentive" means a tax credit, deduction, or exemption available under: (1) …

Sec. 25.2. (a) 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 …

Sec. 26. (a) As used in this section, "depreciable personal property" refers to: (1) all or any part of the designated taxpayer's depreciable personal property that is located in the allocation area; and (2) all or any part of the other depreciable property located and taxable on…

Sec. 26.5. (a) A reuse authority may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review …

Sec. 28. A person who knowingly: (1) applies any money raised under this chapter to any purpose other than those permitted by this chapter; or (2) fails to follow the voucher and warrant procedure prescribed by this chapter in expending any money raised under this chapter; commit…

Sec. 29. Notwithstanding any other law, two (2) or more units may jointly undertake military base reuse projects in contiguous areas in the units' respective jurisdictions that benefit or serve the units' jurisdictions by following the procedures set forth in IC 36-1-7. The legis…

Sec. 3. (a) A unit may establish a board of five (5) members to be known as the "_________ Reuse Authority", designating the name of the military base. Once a unit has established a reuse authority for a military base, no other unit may create a reuse authority for that portion o…

Sec. 30. Notwithstanding any other law, utility services provided within the military base reuse district are subject to regulation by the appropriate regulatory agencies unless the utility service is provided by a utility that provides utility service solely within the geographi…

Sec. 31. (a) As used in this section, the following terms have the meanings set forth in IC 6-1.1-1: (1) Assessed value. (2) Owner. (3) Person. (4) Personal property. (5) Property taxation. (6) Tangible property. (7) Township assessor. (b) As used in this section, "PILOTS" means …

Sec. 32. (a) Notwithstanding any other law, a reuse authority may: (1) impose conditions on the development of any property in a reuse area; and (2) require the payment of development fees or other fees by private persons to pay, defray, or mitigate the costs of the construction,…

Sec. 33. (a) This section applies to a military base or military base property that is or was operated by the United States Air Force as an air force base. (b) Notwithstanding any other provision of this chapter or any other law, a municipal utility may through any means provide …

Sec. 33.5. A contract, agreement, or arrangement executed before April 23, 1997, by a municipal utility with any entity regarding services provided in the same manner as services provided under section 33 of this chapter, as in effect on April 23, 1997, is legalized and made vali…

Sec. 34. (a) This section applies to a reuse authority that owns or acquires a public utility (as defined in IC 8-1-2-1) established to provide water service. (b) The reuse authority shall operate the public utility as a municipal water utility in accordance with IC 8-1.5-3, and …

Sec. 35. (a) This section applies to a reuse authority that owns or acquires a public utility (as defined in IC 8-1-2-1) established to provide sewage disposal service. (b) The reuse authority shall operate the public utility as a municipal sewage works in accordance with IC 36-9…

Sec. 36. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by: (1) a resolution establishing an allocation provision under section 25 of this chapter that is adopted and approved under sections 10 through 12 of this chap…

Sec. 4. (a) The five (5) members of a municipal military base reuse authority shall be appointed as follows: (1) Three (3) members shall be appointed by the municipal executive. (2) Two (2) members shall be appointed by the municipal legislative body. (b) The five (5) members of …

Sec. 5. (a) Except as provided in subsection (b), each member of a military base reuse authority shall serve the longer of three (3) years beginning with the first day of January after the member's appointment or until the member's successor has been appointed and qualified. If a…

Sec. 6. (a) The reuse authority members shall hold a meeting for the purpose of organization not later than thirty (30) days after they are appointed and, after that, each year on the first day in January that is not a Saturday, Sunday, or legal holiday. They shall choose one (1)…

Sec. 6.5. The board may conduct meetings electronically as provided in IC 36-7-14.5-9.5. As added by P.L.55-2016, SEC.5.

Sec. 7. A member of a military base reuse authority may be summarily removed from office at any time by the government body or officer that appointed the member. As added by P.L.26-1995, SEC.14.

Sec. 8. The military base reuse authority shall do the following: (1) Investigate, study, and survey the area surrounding and the real property and structures that are part of a military base within the corporate boundaries of the unit. (2) Investigate, study, and determine the m…

Sec. 9. (a) The military base reuse authority may do the following: (1) Acquire by purchase, exchange, gift, grant, condemnation, or lease, or any combination of methods, any personal military base property or interest in real military base property or other real or personal prop…

Sec. 9.5. (a) This section applies only to a municipal military base reuse authority in an excluded city that is located in a county with a consolidated city. (b) This section applies in the absence of an agreement in effect for payment by the reuse authority to the excluded city…

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all units except townships. (b) Section 5.3 of this chapter applies only to: (1) cities that are not consolidated cities; and (2) towns. [Pre-Local Government Recodification Citations: 19-2-1-1; 19-2-1-3 pa…

Sec. 10. All expenses incurred by the board in carrying out this chapter shall be paid solely from money provided under this chapter. The board may not bind itself or the unit beyond the extent to which money has been or may be provided under this chapter. [Pre-Local Government R…

Sec. 11. After the: (1) construction, installation, and completion; or (2) acquisition; of facilities for the collection and disposal of solid waste, the board shall operate, manage, and control the facilities. The board may extend and improve the facilities, if money is availabl…

Sec. 12. The board shall adopt rules for the use and operation of facilities constructed or acquired under this chapter. [Pre-Local Government Recodification Citation: 19-2-1-7 part.] As added by Acts 1981, P.L.309, SEC.106.