The Redevelopment Commission shall have all of the powers, duties and responsibilities:
(A) The Redevelopment Commission shall have the following powers:
(1) Investigate, study, and survey areas needing redevelopment within the corporate boundaries of the unit;
(2) Investigate, study, determine, and, to the extent possible, combat the causes of areas needing redevelopment;
(3) Promote the use of land in the manner that best serves the interests of the unit and its inhabitants;
(4) Cooperate:
(a) With the departments and agencies of:
1. The unit; and
2. Other governmental entities; and
(b) With:
1. Public instrumentalities; and
2. Public corporate bodies, created by state law, in the manner that best serves the purposes of this chapter;
(5) Make findings and reports on their activities under this section, and keep those reports open to inspection by the public at the offices of the department;
(6) Select and acquire the areas needing redevelopment to be redeveloped under this chapter; and
(7) Re-plan and dispose of the areas needing redevelopment in the manner that best serves the social and economic interests of the unit and its inhabitants.
(B) The Redevelopment Commission shall have the following powers:
(1) Acquire by purchase, exchange, gift, grant, condemnation, or lease, or any combination of methods, any personal property or interest in real property needed for the redevelopment of areas needing redevelopment that are located within the corporate boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or other instrument), exchange, lease, rent, or otherwise dispose of property acquired for use in the redevelopment of areas needing redevelopment on the terms and conditions that the Commission considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real property acquired for redevelopment purposes to any other department of the unit or to any other governmental agency for public ways, levees, sewerage, parks, playgrounds, schools, and other public purposes on any terms that may be agreed on.
(4) Clear real property acquired for redevelopment purposes.
(5) Enter on or into, inspect, investigate, and assess real property and structures acquired or to be acquired for redevelopment purposes to determine the existence, source, nature, and extent of any environmental contamination, including the following:
(a) Hazardous substances;
(b) Petroleum; or
(c) Other pollutants.
(6) Remediate environmental contamination, including the following, found on any real property or structures acquired for redevelopment purposes:
(a) Hazardous substances;
(b) Petroleum; or
(c) Other pollutants.
(7) Repair and maintain structures acquired for redevelopment purposes.
(8) Remodel, rebuild, enlarge, or make major structural improvements on structures acquired for redevelopment purposes.
(9) Survey or examine any land to determine whether it should be included within an area needing redevelopment to be acquired for redevelopment purposes and to determine the value of that land.
(10) Appear before any other department or agency of the unit, or before any other governmental agency in respect to any matter affecting:
(a) Real property acquired or being acquired for redevelopment purposes; or
(b) Any area needing redevelopment within the jurisdiction of the Commissioners.
(11) Institute or defend in the name of the unit any civil action.
(12) Use any legal or equitable remedy that is necessary or considered proper to protect and enforce the rights of and perform the duties of the Department of Redevelopment.
(13) Appoint an executive director, appraisers, real estate experts, engineers, architects, surveyors, and attorneys.
(14) Appoint clerks, guards, laborers, and other employees the Commission considers advisable, except that those appointments must be made in accordance with the merit system of the unit if such a system exists.
(15) Prescribe the duties and regulate the compensation of employees of the Department of Redevelopment.
(16) Provide a pension and retirement system for employees of the Department of Redevelopment by using the Indiana public employees' retirement fund or a retirement plan approved by the United States Department of Housing and Urban Development.
(17) Discharge and appoint successors to employees of the Department of Redevelopment subject to division (14) above.
(18) Rent offices for use of the Department of Redevelopment, or accept the use of offices furnished by the unit.
(19) Equip the offices of the Department of Redevelopment with the necessary furniture, furnishings, equipment, records, and supplies.
(20) Expend, on behalf of the special taxing district, all or any part of the money of the special taxing district.
(21) Contract for the construction of:
(a) Local public improvements (as defined in I.C. 36-7-14.5-6) or structures that are necessary for redevelopment of areas needing redevelopment or economic development within the corporate boundaries of the unit; or
(b) Any structure that enhances development or economic development.
(22) Contract for the construction, extension, or improvement of pedestrian skyways.
(23) Accept loans, grants, and other forms of financial assistance from the federal government, the state government, a municipal corporation, a special taxing district, a foundation, or any other source.
(24) Provide financial assistance (including grants and loans) to enable individuals and families to purchase or lease residential units in a multiple unit residential structure within the district. However, financial assistance may be provided only to individuals and families whose income is at or below the unit's median income for individuals and families, respectively.
(25) Provide financial assistance (including grants and loans) to neighborhood development corporations to permit them to:
(a) Provide financial assistance for the purposes described in division (24) above; or
(b) Construct, rehabilitate, or repair commercial property within the district.
(26) Require as a condition of financial assistance to the owner of a multiple unit residential structure that any of the units leased by the owner must be leased:
(a) For a period to be determined by the Commission, which may not be less than five years;
(b) To families whose income does not exceed 80% of the unit's median income for families; and
(c) At an affordable rate.
(27) This division does not apply to a Redevelopment Commission in a county for which the total amount of net property taxes allocated to all allocation areas or other tax increment financing areas established by a redevelopment commission, military base reuse authority, military base development authority, or another similar entity in the county in the preceding calendar year exceeded 19% of the total net property taxes billed in the county in the preceding calendar year. Subject to prior approval by the fiscal body of the unit that established the Redevelopment Commission, expend money and provide financial assistance (including grants and loans):
(a) In direct support of:
1. An active military base located within the unit; or
2. An entity located in the territory or facilities of a military base or former military base within the unit that is scheduled for closing or is completely or partially inactive or closed, or an entity that is located in any territory or facilities of the United States Department of Defense within the unit that are scheduled for closing or are completely or partially inactive or closed;
3. Including direct support for the promotion of the active military base or entity, the growth of the active military base or entity, and activities at the active military base or entity; and
(b) In support of any other entity that provides services or direct support to an active military base or entity described in division (A)(27)(a) above.
(28) The fiscal body of the unit that established the Redevelopment Commission must separately approve each grant, loan, or other expenditure for financial assistance under this division. The terms of any loan that is made under this division may be changed only if the change is approved by the fiscal body of the unit that established the Redevelopment Commission. As used in this subchapter, ACTIVE MILITARY BASE
has the meaning set forth in I.C. 36-1-4-20.
(29) Conditions imposed by the Commission under division (A)(26) above remain in force throughout the period determined under division (A)(26)(a), even if the owner sells, leases, or conveys the property. The subsequent owner or lessee is bound by the conditions for the remainder of the period.
(30) As used in this subchapter, PEDESTRIAN SKYWAY
means a pedestrian walkway within or outside of the public right-of-way and through and above public or private property and buildings, including all structural supports required to connect skyways to buildings or buildings under construction. Pedestrian skyways constructed, extended, or improved over or through public or private property constitute public property and public improvements, constitute a public use and purpose, and do not require vacation of any public way or other property.
(31) The Redevelopment Commission may not exercise the power of eminent domain.
(C) I.C. 36-7-14-1 et. seq. is hereby incorporated by reference into this subchapter for use by the Redevelopment Commission.
(Ord. 2014-14, passed 8-25-14)