CHAPTER 3. DEVELOPMENT AUTHORITY POWERS AND DUTIES
IC 36-7.5-3
Chapter 3. Development Authority Powers and Duties
IC 36-7.5-3-1
Duties
Sec. 1. The development authority shall do the following:
(1) Assist in the coordination of local efforts concerning
projects.
(2) Assist a commuter transportation district, an airport
authority, a shoreline development commission, a regional
transportation authority, and a regional bus authority in
coordinating regional transportation and economic development
efforts.
(3) Fund projects as provided in this article.
(4) Fund bus services (including fixed route services and
flexible or demand-responsive services) and projects related to
bus services and bus terminals, stations, or facilities.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,
SEC.59.
IC 36-7.5-3-2
Powers
Sec. 2. (a) The development authority may do any of the
following:
(1) Finance, improve, construct, reconstruct, renovate,
purchase, lease, acquire, and equip land and projects located in
an eligible county or eligible municipality.
(2) Lease land or a project to an eligible political subdivision.
(3) Finance and construct additional improvements to projects
or other capital improvements owned by the development
authority and lease them to or for the benefit of an eligible
political subdivision.
(4) Acquire land or all or a portion of one (1) or more projects
from an eligible political subdivision by purchase or lease and
lease the land or projects back to the eligible political
subdivision, with any additional improvements that may be
made to the land or projects.
(5) Acquire all or a portion of one (1) or more projects from an
eligible political subdivision by purchase or lease to fund or
refund indebtedness incurred on account of the projects to
enable the eligible political subdivision to make a savings in
debt service obligations or lease rental obligations or to obtain
relief from covenants that the eligible political subdivision
considers to be unduly burdensome.
(6) Make loans, loan guarantees, and grants or provide other
financial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority or airport development authority.
(C) A shoreline development commission.
(D) A regional bus authority. A loan, loan guarantee, grant,
or other financial assistance under this clause may be used
by a regional bus authority for acquiring, improving,
operating, maintaining, financing, and supporting the
following:
(i) Bus services (including fixed route services and
flexible or demand-responsive services) that are a
component of a public transportation system.
(ii) Bus terminals, stations, or facilities or other regional
bus authority projects.
(E) A regional transportation authority.
(7) Provide funding to assist a railroad that is providing
commuter transportation services in an eligible county or
eligible municipality.
(8) Provide funding to assist an airport authority located in an
eligible county or eligible municipality in the construction,
reconstruction, renovation, purchase, lease, acquisition, and
equipping of an airport facility or airport project.
(9) Provide funding to assist in the development of an
intermodal facility to facilitate the interchange and movement
of freight.
(10) Provide funding to assist a shoreline development
commission in carrying out the purposes of IC 36-7-13.5.
(11) Provide funding for economic development projects in an
eligible county or eligible municipality.
(12) Hold, use, lease, rent, purchase, acquire, and dispose of by
purchase, exchange, gift, bequest, grant, condemnation, lease,
or sublease, on the terms and conditions determined by the
development authority, any real or personal property located in
an eligible county or eligible municipality.
(13) After giving notice, enter upon any lots or lands for the
purpose of surveying or examining them to determine the
location of a project.
(14) Make or enter into all contracts and agreements necessary
or incidental to the performance of its duties and the execution
of its powers under this article.
(15) Sue, be sued, plead, and be impleaded.
(16) Design, order, contract for, and construct, reconstruct, and
renovate a project or improvements to a project.
(17) Appoint an executive director and employ appraisers, real
estate experts, engineers, architects, surveyors, attorneys,
accountants, auditors, clerks, construction managers, and any
consultants or employees that are necessary or desired by the
development authority in exercising its powers or carrying out
its duties under this article.
(18) Accept loans, grants, and other forms of financial
assistance from the federal government, the state government,
a political subdivision, or any other public or private source.
(19) Use the development authority's funds to match federal
grants or make loans, loan guarantees, or grants to carry out the
development authority's powers and duties under this article.
(20) Except as prohibited by law, take any action necessary to
carry out this article.
(b) If the development authority is unable to agree with the
owners, lessees, or occupants of any real property selected for the
purposes of this article, the development authority may proceed
under IC 32-24-1 to procure the condemnation of the property. The
development authority may not institute a proceeding until it has
adopted a resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the development authority of the property
involved; and
(3) sets out any other facts that the development authority
considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition.
As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006,
SEC.60; P.L.182-2009(ss), SEC.424.
IC 36-7.5-3-3
Reports
Sec. 3. The development authority shall before November 1 of
each year issue a report to the legislative council, the budget
committee, and the governor concerning the operations and activities
of the development authority during the preceding state fiscal year.
The report to the legislative council must be in an electronic format
under IC 5-14-6.
As added by P.L.214-2005, SEC.73.
IC 36-7.5-3-4
Development plan
Sec. 4. (a) The development authority shall prepare a
comprehensive strategic development plan that includes detailed
information concerning the following:
(1) The proposed projects to be undertaken or financed by the
development authority.
(2) The following information for each project included under
subdivision (1):
(A) Timeline and budget.
(B) The return on investment.
(C) The projected or expected need for an ongoing subsidy.
(D) Any projected or expected federal matching funds.
(b) The development authority shall before January 1, 2008,
submit the comprehensive strategic development plan for review by
the budget committee and approval by the director of the office of
management and budget.
As added by P.L.214-2005, SEC.73.