HB 1250-1_ Filed 02/15/2005, 11:16 Buell


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1250 be amended to read as follows:

    Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
    "SECTION 1. IC 36-7-14-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter applies to all units except:
        (1) counties having a consolidated city, and units in those counties, except those units described in subsection (b); and
        (2) townships.
     (b) This chapter applies to an excluded city (as defined in IC 36-3-1-7) that adopts an ordinance electing to be governed by this chapter and establishes a redevelopment commission under section 3 of this chapter. Upon the adoption of an ordinance under this subsection:
        (1) a blighted area;
        (2) an economic development area; or
        (3) an allocation area previously established under IC 36-7- 15.1-37 through IC 36-7-15.1-58;
continues in full force and effect as if the area had been created under this chapter.
    (c) A:
        (1) a blighted area;
        (2) an economic development area; or
        (3) an allocation area previously established under IC 36-7- 15.1-37 through IC 36-7-15.1-58;

described in subsection (b) is subject to the jurisdiction of the

redevelopment commission established under section 3 of this chapter and is not subject to the jurisdiction of the commission (as defined in IC 36-7-15.1-37).
    SECTION 2. IC 36-7-14-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This subsection does not apply to the redevelopment commission of an excluded city described in section 1(b) of this chapter. After adoption of a resolution under section 15 of this chapter, the redevelopment commission shall submit the resolution and supporting data to the plan commission of the unit, or if there is no plan commission, then to the body charged with the duty of developing a general plan for the unit, if there is such a body. The plan commission may determine whether the resolution and the redevelopment plan conform to the plan of development for the unit and approve or disapprove the resolution and plan proposed. The redevelopment commission may amend or modify the resolution and proposed plan in order to conform them to the requirements of the plan commission. The plan commission shall issue its written order approving or disapproving the resolution and redevelopment plan, and may, with the consent of the redevelopment commission, rescind or modify that order.
    (b) This subsection does not apply to the redevelopment commission of an excluded city described in section 1(b) of this chapter. The redevelopment commission may not proceed with the acquisition of a blighted area until the approving order of the plan commission is issued and approved by the municipal legislative body or county executive.
    (c) In determining the location and extent of a blighted area proposed to be acquired for redevelopment, the redevelopment commission and the plan commission of the unit shall give consideration to transitional and permanent provisions for adequate housing for the residents of the area who will be displaced by the redevelopment project.
     (d) A redevelopment commission in an excluded city that is exempt from the requirements of subsections (a) and (b) shall submit the resolution and supporting data to the municipal legislative body of the excluded city. The municipal legislative body may:
        (1) determine if the resolution and the redevelopment plan conform to the plan of development for the unit; and
        (2) approve or disapprove the resolution and plan proposed.
".
    "SECTION 2. IC 36-7-15.1-37 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 37. (a) As used in this section and sections 38 through 58 of this chapter:
    "City" or "excluded city" refers to an excluded city (as defined in IC 36-3-1-7) but does not refer to an excluded city described in IC 36-7-14-1(b).
    "Commission" refers to the metropolitan development commission acting as the redevelopment commission of an excluded city.
     (b) Sections 38 though 58 of this chapter do not apply to an

excluded city described in IC 36-7-14-1(b).".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1250 as printed January 28, 2005.)


________________________________________

Representative BUELL


RH 125001/DI jh
2005