Sec. 36. (a) A member of the commission is not disqualified from hearing and voting upon a matter coming before the commission because the member:

(1) owns or occupies a Meridian Street or bordering property; or

Terms Used In Indiana Code 36-7-11.2-36

  • bordering property: means a parcel of land:

    Indiana Code 36-7-11.2-2

  • commission: refers to the Meridian Street preservation commission established by this chapter. See Indiana Code 36-7-11.2-3
  • Meridian Street: means that part of a north-south meridian street in the city of Indianapolis, Marion County, known as Meridian Street, that lies:

    Indiana Code 36-7-11.2-8

  • neighborhood association: means each of the following, including any successors whether an incorporated or unincorporated association:

    Indiana Code 36-7-11.2-10

  • occupant: means a person:

    Indiana Code 36-7-11.2-12

  • owner: means a person who owns a legal or an equitable interest in Meridian Street or bordering property. See Indiana Code 36-7-11.2-13
  • person: means an individual, a corporation, a partnership, an association, a trust, a governmental body or agency, or other entity, public or private, capable of entering into an enforceable contract. See Indiana Code 36-7-11.2-14
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • subject property: means Meridian Street or bordering property or existing or proposed construction on the property:

    Indiana Code 36-7-11.2-17

(2) belongs to a neighborhood association.

     (b) A member of the commission may abstain from voting on a matter if the member states the reasons in the record.

     (c) A member of the commission is disqualified from voting if:

(1) the member is an owner or occupant of:

(A) the subject property; or

(B) Meridian Street or bordering property of which a part lies within one hundred (100) feet of the subject property; or

(2) the member is a person described by section 56(a)(2)(D) of this chapter.

     (d) If by virtue of the abstention of a member of the commission there is not present at a hearing upon a matter at least six (6) members of the commission able to vote on the matter, the chair shall redocket the matter for a hearing or rehearing at:

(1) the next regular meeting of the commission; or

(2) a special meeting set for a date not more than thirty (30) days following the date of the meeting at which the matter was or was to be heard.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.]

As added by P.L.1-1995, SEC.83. Amended by P.L.127-2017, SEC.188.

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