Chapter 14.10 DEPARTMENT OF REDEVELOPMENT AND REDEVELOPMENT COMMISSION

“Comprehensive plan” means a composite of all materials prepared and approved under IC 36-7-4-500 et seq. or under prior law. It includes a master plan adopted under any prior law. The comprehensive plan is separate from any zoning ordinance as defined in IC 36-7-1-22 and later in this chapter.

“Development plan” means a specific plan for the development of real property that:

(A) Requires approval by a plan commission under IC 36-7-4-1400 et seq.;

(B) Includes a site plan;

(D) Contains the plan documentation and supporting information required by the zoning ordinance.

“Housing authority” refers to a housing authority established under IC 36-7-18.

“Housing project” means any work or undertaking of a housing authority in planning improvements, acquiring property, demolishing structures, constructing, altering, and repairing improvements, and performing other acts necessary to:

(A) Demolish, clear, or remove buildings from any area in which the majority of dwellings are detrimental to the public safety, health, and morals because of dilapidation, overcrowding, faulty design, lack of ventilation, light, or sanitary facilities, or a combination of these factors;

(B) Provide decent, safe, and sanitary living accommodations; or

“Public place” includes any tract owned by the state or a political subdivision.

“Public way” includes highway, street, avenue, boulevard, road, lane, or alley.

“Redevelopment” includes the following activities:

(A) Acquiring real property in blighted areas.

(B) Replatting and determining the proper use of real property acquired.

(D) Relocating, constructing, and improving sewers, utility services, off-street parking facilities, and levees.

(E) Laying out and constructing necessary public improvements, including parks, playgrounds, and other recreational facilities.

(F) Restricting the use of real property acquired according to law.

(G) Repairing and maintaining buildings acquired, if demolition of those buildings is not considered necessary to carry out the redevelopment plan.

(H) Rehabilitating real or personal property, whether or not acquired, to carry out the redevelopment or urban renewal plan.

(I) Disposing of property acquired on the terms and conditions and for the uses and purposes that best serve the interests of the units served by the redevelopment commission.

(J) Making payments required or authorized by IC 8-23-17.

(K) Performing all acts incident to the statutory powers and duties of a redevelopment commission.

“Subdivision” means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by the legislative body under IC 36-7-4.

“Thoroughfare” means a public way or public place that is included in the thoroughfare plan of a unit. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it, such as sidewalks, curbs, shoulders, and utility lines and mains.

“Zoning ordinance” refers to an ordinance adopted under IC 36-7-4-600 et seq. or under prior law. The term includes:

(A) PUD district ordinances (as defined in IC 36-7-4-1503); and

(B) All zone maps incorporated by reference into the ordinance as provided in IC 36-7-4-600 et seq. [Ord. 1157 § 4, 2000. Code 2000 § 216.01].

14.10.020 Establishment of the redevelopment department.

(A) There is established a department of redevelopment in the town, to be controlled by and pursuant to the provisions of IC 36-7-14-1 through 36-7-14-52 as may be amended from time to time. The department is composed of the Highland redevelopment commission and such persons it may employ.

(B) The redevelopment commission consists of five members, as follows:

(1) The town council shall appoint two persons, who must be at least 18 years of age and must be residents of the town.

(2) The town council president, as municipal executive, shall appoint three persons, who must be at least 18 years of age and must be residents of the town.

(3) The town council president as municipal executive shall also appoint an individual to serve as a nonvoting advisor who shall serve subject to the following:

(a) The nonvoting advisor must be a member of the town board of school trustees of the town of Highland or an individual recommended by it to the town council president as municipal executive;

(b) The nonvoting advisor is not considered a member of the redevelopment commission for purposes of this chapter but is entitled to attend and participate in the proceedings of all meetings of the redevelopment commission;

(d) The nonvoting advisor serves for a term of two years, commencing from July 1st and until a successor is appointed; and

(e) The nonvoting advisor serves at the pleasure of the town council president as municipal executive, the appointing authority.

(C) Subject to IC 36-7-14-3.5, all of the territory within the corporate boundaries of the town constitutes a taxing district for the purpose of levying and collecting special benefit taxes for redevelopment purposes as provided in IC 36-7-14. All of the taxable property within a taxing district is considered to be benefited by redevelopment projects carried out under IC 36-7-14 and 36-7-25 to the extent of the special taxes levied under the authority of IC 36-7-14 and 36-7-25. [Ord. 1627 § 1, 2016].

14.10.030 Commissioners’ terms of office – Vacancies.

(A) Each redevelopment commissioner shall serve for one year, from the first day of January after his appointment and until his or her successor is appointed and has qualified.

(B) If a vacancy occurs, a successor shall be appointed in the same manner as the original commissioner, and the successor shall serve for the remainder of the vacated term. [Ord. 1157 § 4, 2000. Code 2000 § 216.03].

14.10.040 Commissioners’ additional qualifications.

(A) In addition to being at least 18 years of age and a resident of the town, each redevelopment commissioner, before beginning his or her duties, shall take and subscribe an oath of office in the usual form, to be endorsed on the certificate of his appointment, which shall be promptly filed with the clerk-treasurer; and

(B) Each redevelopment commissioner, before beginning his or her duties, shall execute a bond payable to the state, with surety to be approved by the executive of the unit. The bond must be in the penal sum of $15,000 and must be conditioned on the faithful performance of the duties of his office and the accounting for all monies and property that may come into his hands or under his control. The cost of the bond shall be paid by the special taxing district.

(C) If a commissioner ceases to be qualified under HMC 14.10.040(B) or this section, he or she forfeits the office. [Ord. 1157 § 4, 2000. Code 2000 § 216.04].

14.10.050 Commissioners’ compensation.

(A) Except as provided in subsection (B) of this section, redevelopment commissioners are not entitled to salaries, but are entitled to reimbursement for expenses necessarily incurred in the performance of their duties.

(B) A redevelopment commissioner who does not otherwise hold a lucrative office for the purpose of Article 2, Section 9 of the Indiana Constitution may receive:

(1) A salary; or

(2) A per diem; and

is entitled to reimbursement for expenses necessarily incurred in the performance of the redevelopment commissioner’s duties. [Ord. 1157 § 4, 2000. Code 2000 § 216.05].

14.10.060 Meetings, organization, quorum and officers.

(A) The redevelopment commissioners shall hold a meeting for the purpose of organization not later than 30 days after they are appointed and, after that, each year on a day that is not a Saturday, a Sunday, or a legal holiday and that is their first meeting day of the year. They shall choose one of their members as president, another as vice-president, and another as secretary. These officers shall perform the duties usually pertaining to their offices, and shall serve from the date of their election until their successors are elected and qualified.

(B) The fiscal officer of the unit establishing a redevelopment commission is the treasurer of the redevelopment commission. Notwithstanding any other provision of IC 36-7-14, but subject to subsection (C) of this section, the treasurer has charge over and is responsible for the administration, investment, and disbursement of all funds and accounts of the commission, in accordance with the requirements of state laws that apply to other funds and accounts administered by the fiscal officer. The treasurer shall report annually to the redevelopment commission before April 1st.

(1) The funds must be accounted for separately by the unit establishing the redevelopment commission and the daily balance of the funds must be maintained in a separate ledger statement.

(2) Except as provided in subsection (E) of this section, all funds designated as redevelopment commission funds must be accessible to the redevelopment commission at any time.

(3) The amount of the daily balance of redevelopment commission funds may not be below zero at any time.

(4) The funds may not be maintained or used in a manner that is intended to avoid the waiver procedures and requirements for a unit and the redevelopment commission under subsection (E) of this section.

(D) If the fiscal body of a unit determines that it is necessary to engage in short-term borrowing until the next tax collection period, the fiscal body of the unit may request approval from the redevelopment commission to waive the requirement in subsection (C)(2) of this section. In order to waive the requirement under subsection (C)(2) of this section, the fiscal body of the unit and the redevelopment commission must adopt similar resolutions that set forth:

(1) The amount of the funds designated as redevelopment commission funds that are no longer accessible to the redevelopment commission under the waiver; and

(2) An expiration date for the waiver. If a loan is made to a unit from funds designated as redevelopment funds, the loan must be repaid by the unit and the funds made accessible to the redevelopment commission not later than the end of the calendar year in which the funds are received by the unit.

(E) Subsections (C) and (D) of this section do not restrict transfers or uses by a redevelopment commission made to meet commitments under a written agreement of the redevelopment commission that was entered into before January 1, 2016, if the written agreement complied with the requirements existing under the law at the time the redevelopment commission entered into the written agreement.

(F) The treasurer of the redevelopment commission may disburse funds of the redevelopment commission only after the redevelopment commission allows and approves the disbursement. However, the redevelopment commission may, by rule or resolution, authorize the treasurer to make certain types of disbursements before the redevelopment commission’s allowance and approval at its next regular meeting.

(G) The redevelopment commissioners may adopt the rules and bylaws they consider necessary for the proper conduct of their proceedings, the carrying out of their duties, and the safeguarding of the money and property placed in their custody by this chapter. In addition to the annual meeting, the commissioners may, by resolution or in accordance with their rules and bylaws, prescribe the date and manner of notice of other regular or special meetings.

(H) Three of the redevelopment commissioners constitute a quorum, and the concurrence of three commissioners is necessary to authorize any action. [Ord. 1644 § 1, 2017].

14.10.065 Authority for electronic meetings.

(A) The commission may conduct meetings electronically as provided in IC 36-7-14.5-9.5 and the definitions of IC 5-14-1.5, commonly known as the Open Meetings Act, shall still apply.

(B) A member may participate in a meeting by an electronic means that allows:

(1) All participating members; and

(2) All members of the public who are physically present at the meeting;

to simultaneously communicate with each other. The member shall be considered present for purposes of establishing a quorum and may participate in any final action taken at the meeting.

(C) For all meetings conducted electronically, at least one-third of the members must be physically present at the place where the meeting is conducted, meaning that there must be at least two members.

(D) For all meetings conducted electronically, all votes during the meeting must be taken by roll call vote.

(E) Conducting meetings electronically does not affect the public’s right to attend a meeting at the place where the meeting is conducted and the minimum number of members is physically present.

(F) Each member of the commission is required to physically attend at least one meeting of the commission annually.

(G) The commission may adopt a policy to govern participation in the meetings of the commission or the board by electronic communication. The policy may do any of the following:

(1) Require a member to request authorization to participate in a meeting by electronic communication within a certain number of days before the meeting to allow for arrangements to be made for the member’s participation by electronic communication.

(2) Limit the number of meetings in a calendar year in which any one member may participate by electronic communication.

(3) Provide that a member who participates in a meeting by electronic communication may not cast the deciding vote on any official action.

(4) Require a member participating in a meeting by electronic communication to confirm in writing the votes cast by the member during the meeting within a certain number of days after the date of the meeting.

(5) Provide that in addition to the location where a meeting is conducted, the public may also attend some or all meetings, excluding executive sessions, at a public place or public places at which a member is physically present and participates by electronic communication. If the commission’s policy includes this provision, a meeting notice must provide the following information:

(a) The identity of each member who will be physically present at a public place and participate in the meeting by electronic communication.

(b) The address and telephone number of each public place where a member will be physically present and participate by electronic communication.

(c) Unless the meeting is an executive session, a statement that a location described in subsection (G)(5)(b) of this section will be open and accessible to the public.

(6) Establish any other procedures, limitations, or conditions that govern participation in meetings of the commission by electronic communication and are not in conflict with this chapter. This does not affect the right of the commission to exclude the public from an executive session in which a member participates by electronic communication.

(H) For purposes of this section, a member casts the deciding vote on an official action if, regardless of the order in which the votes are cast:

(1) The member votes with the majority; and

(2) The official action is adopted or defeated by one vote. [Ord. 1627 § 2, 2016].

14.10.070 Removal from office – Conflicts of interest prohibited.

(A) The municipal executive or municipal legislative body that appointed a municipal redevelopment commissioner may summarily remove that commissioner from office at any time.

(B) A redevelopment commissioner may not have a pecuniary interest in any contract, employment, purchase, or sale made under this chapter. However, any property required for redevelopment purposes, in which a commissioner has a pecuniary interest, may be acquired, but only by gift or condemnation.

14.10.080 Redevelopment commission duties and powers.

(A) The redevelopment commission shall:

(1) Investigate, study, and survey blighted areas within the corporate boundaries of the unit;

(2) Investigate, study, determine, and, to the extent possible, combat the causes of blighted areas;

(3) Promote the use of land in the manner that best serves the interests of the unit and its inhabitants;

(4) Cooperate with the departments and agencies of the unit, and of other governmental entities, in the manner that best serves the purposes of this chapter;

(5) Make findings and reports on their activities under this chapter, and keep those reports open to inspection by the public at the offices of the department;

(6) Select and acquire the blighted areas to be redeveloped under IC 36-7-14; and

(7) Replan and dispose of the blighted areas in the manner that best serves the social and economic interests of the unit and its inhabitants, as added by Acts 1981, PL 309, Section 33.

(B) The redevelopment commission may:

(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 blighted areas 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 blighted areas, 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) Repair and maintain structures acquired for redevelopment purposes;

(6) Remodel, rebuild, enlarge, or make major structural improvements on structures acquired for redevelopment purposes;

(7) Survey or examine any land to determine whether it should be included within a blighted area to be acquired for redevelopment purposes and to determine the value of that land;

(8) 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 blighted area within the jurisdiction of the commissioners;

(9) Institute or defend in the name of the unit any civil action;

(10) 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;

(11) Exercise the power of eminent domain in the name of and within the corporate boundaries of the town in the manner prescribed by IC 36-7-14-20;

(12) Appoint an executive director, appraisers, real estate experts, engineers, architects, surveyors, and attorneys;

(13) 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;

(14) Prescribe the duties and regulate the compensation of employees of the department of redevelopment;

(15) 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;

(16) Discharge and appoint successors to employees of the department of redevelopment, subject to subsection (B)(13) of this section;

(17) Rent offices for use of the department of redevelopment, or accept the use of offices furnished by the unit;

(18) Equip the offices of the department of redevelopment with the necessary furniture, furnishings, equipment, records, and supplies;

(19) Expend, on behalf of the special taxing district, all or any part of the money of the special taxing district;

(20) Contract for the construction of:

(a) Local public improvements (as defined in IC 36-7-14.5-6) or structures that are necessary for redevelopment of blighted areas or economic development within the corporate boundaries of the unit; or

(b) Any structure that enhances development or economic development;

(21) Contract for the construction, extension, or improvement of pedestrian skyways;

(22) 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;

(23) Provide financial assistance (including grants and loans) to enable individuals and families to purchase or lease residential units 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;

(24) Provide financial assistance (including grants and loans) to neighborhood development corporations to permit them to:

(a) Provide financial assistance for the purposes described in subsection (B)(23) of this section; or

(b) Construct, rehabilitate, or repair commercial property within the district;

(25) 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 percent of the unit’s median income for families; and

(C) Conditions imposed by the commission under subsection (B)(25) of this section remain in force throughout the period determined under subsection (B)(25)(a) of this section, 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.

(D) As used in subsection (B)(21) of this section, “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.

(E) All powers that may be exercised under this chapter by the redevelopment commission may also be exercised by the redevelopment commission in carrying out its duties and purposes under IC 36-7-14.5. [Ord. 1157 § 4, 2000. Code 2000 § 216.08].

14.10.090 Construction contracts – Subcontractors – Wage scales.

The provisions of IC 5-16-7 apply to a person that enters into a contract with a redevelopment commission to perform construction work referred to in IC 36-7-14-12.2(a)(4), (6), (20), or (21) and a subcontractor of such a person. [Ord. 1157 § 4, 2000. Code 2000 § 216.09].

14.10.100 Annual reports.

(A) Within 30 days after the close of each calendar year, the redevelopment commissioners shall file with the town council president and the town clerk-treasurer a report setting out their activities during the preceding calendar year. The clerk-treasurer will transmit copies of the report to the remaining members of the town council. The clerk-treasurer will make copies available for inspection and copying for all other interested persons.

(B) The report of the commissioners must show the names of the then qualified and acting commissioners, the names of the officers of that body, the number of regular employees and their fixed salaries or compensation, the amount of the expenditures made during the preceding year and their general purpose, the amount of funds on hand at the close of the calendar year, and other information necessary to disclose the activities of the commissioners and the results obtained. [Ord. 1157 § 4, 2000. Code 2000 § 216.10].

Article II. Funds

14.10.110 Officers’ duties regarding department funds.

The town clerk-treasurer, as the officer who has duties in respect to the funds and accounts of the town, shall perform the same duties with respect to the funds and accounts of the department of redevelopment, except as otherwise provided in IC 36-7-14 et seq. The clerk-treasurer is not entitled to any compensation in addition to that paid him by the town. [Ord. 1157 § 4, 2000. Code 2000 § 216.11].

14.10.120 Redevelopment district capital fund.

(A) All proceeds from the sale of bonds under IC 36-7-14-25.1 shall be kept as a separate and specific fund to pay the expenses incurred in connection with the acquisition and redevelopment of property. The fund shall be known as the redevelopment district capital fund.

Any surplus of funds remaining after all expenses are paid shall be paid into and become a part of the redevelopment district bond fund established under IC 36-7-14-27.

(B) All gifts or donations that are given or paid to the department of redevelopment or to the town for redevelopment purposes shall be promptly deposited to the credit of the redevelopment district capital fund. The redevelopment commission may use these gifts and donations for the purposes of this chapter.

(C) Before the eleventh day of each calendar month the clerk-treasurer shall notify the redevelopment commission and the officers of the unit who have duties in respect to the funds and accounts of the unit of the amount standing to the credit of the redevelopment district capital fund at the close of business on the last day of the preceding month. [Ord. 1157 § 4, 2000. Code 2000 § 216.12].

14.10.130 Redevelopment district general fund and budget.

(A) A tax at a rate not to exceed $0.0333 per $100.00 of assessed valuation may be levied each year for the purposes of this chapter, including:

(1) The payment, in whole or in part, of planning and survey costs;

(2) The costs of property acquisition and redevelopment; and

(3) The payment of all general expenses of the department of redevelopment.

(B) Each year the redevelopment commission shall formulate and file a budget for the tax levy, in the same manner as executive departments of the town are required to formulate and file budgets. This budget is subject to review and modification in the same manner as the budgets and tax levies formulated by executive departments of the town.

(C) Revenues obtained from the tax levy for the payment in whole or in part of the costs of acquisition of land, rights-of-way, or other properties shall be deposited in the redevelopment district capital fund established in HMC 14.10.120. Other revenues obtained from the tax levy shall be deposited in a fund to be known as the redevelopment district general fund. [Ord. 1157 § 4, 2000. Code 2000 § 216.13].

14.10.140 Procedures for payments from funds.

(A) All payments from any of the funds established by this chapter shall be made by warrants drawn by the proper officers of the unit upon vouchers of the redevelopment commission, signed by the president or vice-president and the secretary or executive secretary.

(B) Each of the funds established by this chapter is a continuing fund and does not revert to the general fund of the unit at the end of the calendar year. [Ord. 1157 § 4, 2000. Code 2000 § 216.14].

Article III. Municipal Riverfront Development Project Area Projects

14.10.150 Additional duties of the redevelopment commission.

(A) The Highland redevelopment commission shall serve as an advisory and coordinating body to the Highland town council in order to carry out the purposes of performing redevelopment in the municipal riverfront development project area, as established by Ordinance No. 1400 of the town of Highland.

(B) The redevelopment commission shall have the power to create such forms and develop such guidelines it deems necessary and desirable to best administer the application and review of prospective restaurant developments that seek to locate in the municipal riverfront development project area; provided, that the guidelines and forms are consistent with this code and IC 7.1 et seq. [Ord. 1433 § 1, 2009. Code 2000 § 216.20].

14.10.160 Procedure for application for municipal riverfront development project area projects.

(A) A person or persons seeking to develop and locate in the municipal riverfront development project area shall meet with the redevelopment director to review the application requirements and receive a copy of the restaurant application, which includes the Indiana state forms, “Application for New or Transfer Permit” and “Property Tax Clearance Schedule,” and a letter to the office of the Lake County surveyor requesting verification of the Highland location;

(B) Upon completion of the restaurant application, including the application for new or transfer permit, the applicant will meet with the director to review the content and completeness of the application;

(C) The applicant may be scheduled to meet with the redevelopment commission during a duly called regular or special meeting, in order to further consider the applicant and the application for advisory approval for the permit granted pursuant to IC 7.1-3-20-16.1;

(D) The redevelopment commission, during the same or another duly called regular or special meeting, shall vote either a favorable or unfavorable recommendation and forward the application along with its recommendation to the town council for its consideration, pursuant to IC 7.1-3-20-16.1. [Ord. 1433 § 1, 2009. Code 2000 § 216.21].

14.10.170 Consideration by the municipal legislative body.

(A) If the application receives a favorable recommendation from the redevelopment commission, the following apply:

(1) At the first regular meeting of the legislative body after the proposal is certified (or at any subsequent meeting within a 90-day period), the legislative body may approve or reject the application. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the application at that meeting.

(2) If the legislative body approves the application, the applicant shall then transmit the application and necessary materials to the Indiana Alcohol and Tobacco Commission for its action.

(3) If the legislative body fails to act on the proposal within 90 days after certification, the application shall be deemed to have been approved as if it had been formally approved (as certified) 90 days after certification.

(4) If the legislative body rejects application, the application is denied.

(B) If the application receives an unfavorable recommendation from the redevelopment commission, the following apply:

(1) At the first regular meeting of the legislative body after the application is certified (or at any subsequent meeting within the 90-day period), the legislative body may adopt or reject the application. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the application at that meeting.

(2) If the legislative body approves the application, the applicant shall then transmit the application and necessary materials to the Indiana Alcohol and Tobacco Commission for its action.

(3) If the legislative body rejects the application or fails to act on it within 90 days after certification, it is denied.

(C) If an application is denied and rejected under subsection (A)(4) or (B)(3) of this section, an applicant may not reapply sooner than 240 days following the rejection or denial described in this section. The redevelopment commission may waive this provision by an affirmative vote of two-thirds of the entire membership. [Ord. 1433 § 1, 2009. Code 2000 § 216.22].