LawServer Nav Menu

Indiana Code 5-28-15-5.7. Powers of an urban enterprise association

   Sec. 5.7. (a) Beginning after December 31, 2018, a zone U.E.A. 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 section 14(c) of this chapter.

Terms Used In Indiana Code 5-28-15-5.7

  • 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
  • zone business: means an entity that accesses at least one (1) tax credit, deduction, or exemption incentive available under this chapter, Indiana Code 5-28-15-3
(2) To adopt guidelines for the disqualification of a zone business from eligibility for one (1) or more incentives available to zone businesses, if the zone business does not do one (1) of the following:

(A) Use all its incentives for its property or employees in the zone.

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

(3) To modify the boundary of the zone if the legislative body determines that the modification is in the best interests of the zone.

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

     (b) Each zone business that receives an incentive described in section 3 of this chapter shall assist the zone U.E.A. in an amount determined by the legislative body of the municipality in which the zone business is located. If a zone business does not assist the zone U.E.A. as required under this subsection, the legislative body of the municipality in which the zone is located may pass an ordinance disqualifying the zone business from eligibility for all incentives available to the zone businesses. If all of a zone business’s incentives exceed one thousand dollars ($1,000) in a year, the legislative body of the municipality may, at the request of the zone U.E.A., impose an additional fee on a zone business to be paid to the zone U.E.A. in an amount equal to one percent (1%) of all its incentives to be used exclusively for the zone U.E.A.’s administrative expenses.

     (c) If a legislative body disqualifies a zone business under subsection (b), the legislative body shall notify the department of local government finance and the department of state revenue in writing not more than thirty (30) days after the passage of the ordinance disqualifying the zone business. Disqualification of a zone business under this section is effective beginning with the taxable year in which the ordinance disqualifying the zone business is adopted.

As added by P.L.146-2018, SEC.5.

Indiana Code 5-28-15.5-7. Duties of a district board; annual reporting; additional reported information for a district in Fort Wayne

   Sec. 7. (a) A district board shall do the following:

(1) Coordinate development activities within the district.

Terms Used In Indiana Code 5-28-15.5-7

(2) Serve as a catalyst for development within the district.

(3) Promote the district to outside groups and individuals.

(4) Establish a formal line of communication with residents and businesses in the district.

(5) Act as a liaison among residents, businesses, the municipality, and the board for any development activity that may affect the district or district residents.

(6) Use revenue derived from:

(A) registration fees paid under section 4(a)(2)(A) of this chapter; and

(B) amounts paid under section 4(b) of this chapter;

only for the administration of the district and the benefit of district businesses.

     (b) A district board shall:

(1) develop metrics for the annual reporting of information about the district to the legislative body of the qualified municipality that established the district; and

(2) submit the metrics for approval to the legislative body of the qualified municipality and the executive of the qualified municipality.

The metrics for the annual reporting of information may be revised and reapproved from time to time.

     (c) Each year before September 1, a district board shall present a written report to the legislative body of the qualified municipality that established the district. The annual written report must provide information about the district in terms of the metrics approved under subsection (b). In addition, in the case of the district established in the city of Fort Wayne, the written report under this subsection shall include the following information:

(1) The retention rate for employees hired by each district business since the date the district was established.

(2) The total number of district businesses established in the district since the date the district was established and of those businesses, the number of businesses that are no longer in operation, if any.

(3) If matching funds are required for an incentive that is provided to a district business:

(A) the percentage amount of matching funds that are provided for each incentive in relation to the total amount of the incentive; and

(B) the sources of the matching funds for the incentive, whether provided by the district business receiving the incentive or a third party public or private entity.

As added by P.L.238-2017, SEC.4. Amended by P.L.78-2021, SEC.2.