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Indiana Code Title 36. Local Government § 36-7-31.3-9

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 9. (a) A tax area must be initially established by resolution:

(1) before January 1, 2013, in the case of:

(A) a second class city;

(B) the city of Marion;  or

(C) the city of Westfield;

(2) before January 1, 2024, in the case of the city of Fishers;  or

(3) before July 1, 1999, if subdivision (1) or (2) does not apply;

according to the procedures set forth for the establishment of an economic development area under IC 36-7-14.  Only one (1) tax area may be created in each county.

(b) In establishing the tax area, the designating body must make the following findings instead of the findings required for the establishment of economic development areas:

(1) Except for a tax area in:

(A) the city of Fort Wayne;  or

(B) the city of Gary;

there is a capital improvement that will be undertaken or has been undertaken in the tax area for a facility that is used by a professional sports franchise for practice or competitive sporting events.  A tax area to which this subdivision applies may also include a capital improvement that will be undertaken or has been undertaken in the tax area for a facility that is used for any purpose specified in section 8(a)(2) of this chapter.

(2) For a tax area in the city of Fort Wayne, there is a capital improvement that will be undertaken or has been undertaken in the tax area for a facility that is used for any purpose specified in section 8(a) of this chapter.

(3) For a tax area in the city of Gary, there is a capital improvement that will be undertaken or has been undertaken in the tax area for a facility that is used for any purpose specified in section 8(a)(2) of this chapter.

(4) The capital improvement that will be undertaken or that has been undertaken in the tax area will benefit the public health and welfare and will be of public utility and benefit.

(5) The capital improvement that will be undertaken or that has been undertaken in the tax area will protect or increase state and local tax bases and tax revenues.

(c) The tax area established under this chapter is a special taxing district authorized by the general assembly to enable the designating body to provide special benefits to taxpayers in the tax area by promoting economic development that is of public use and benefit.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-31.3-9 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-31-3-9/

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