Sec. 4. (a) A district board has the following powers, in addition to other powers that are contained in this chapter:

(1) To request the waiver of a municipal ordinance or regulation as provided in this chapter.

Terms Used In Indiana Code 5-28-15.5-4

  • Contract: A legal written agreement that becomes binding when signed.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) To adopt guidelines for the disqualification of a district business from eligibility for one (1) or more incentives available to district businesses, if the district business does not do one (1) of the following:

(A) If all its incentives, as contained in the summary required under section 6 of this chapter, exceed one thousand dollars ($1,000) in any year, pay a registration fee to the district board in an amount equal to one percent (1%) of all its incentives.

(B) Use all its incentives, except for the amount of the registration fee, for its property or employees in the district.

(C) Remain open and operating as a district business for twelve (12) months of the year for which the incentive is claimed.

(3) To modify the boundary of the district if the district board determines that the modification is in the best interests of the district.

(4) To employ staff and contract for services to carry out this chapter.

     (b) In addition to a registration fee paid under subsection (a)(2)(A), each district business that receives an incentive specified in section 1(3) of this chapter shall assist the district board in an amount determined by the legislative body of the qualified municipality in which the district business is located. If a district business does not assist a district board as required under this subsection, the legislative body of the qualified municipality in which the district is located may pass an ordinance disqualifying the district business from eligibility for all incentives available to district businesses. If the legislative body disqualifies a district business under this subsection, the legislative body shall notify the department of local government finance in writing not more than thirty (30) days after the passage of the ordinance disqualifying the district business. Disqualification of a district business under this section is effective beginning with the taxable year in which the ordinance disqualifying the district business is adopted.

As added by P.L.238-2017, SEC.4.

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