IC 36-9-6.5
    Chapter 6.5. Metropolitan Thoroughfare District of MarionCounty

IC 36-9-6.5-1
Application of chapter
    Sec. 1. This chapter applies to each county having a consolidatedcity.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-2
Definitions
    Sec. 2. As used in this chapter:
    "Board" refers to the board of transportation of the consolidatedcity, subject to IC 36-3-4-23.
    "Department" refers to the department of transportation of theconsolidated city, subject to IC 36-3-4-23.
    "Operation" includes control and engineering of traffic, trafficsafety, road lighting, road access, utility locations, cuts in roads,vehicular parking and stopping, improvements of traffic movement,uses of the rights-of-way for roads, and mass transportation routes.
    "Reconstruction" includes resurfacing, widening, and rebuilding.
As added by Acts 1982, P.L.77, SEC.12. Amended by P.L.220-1986,SEC.31.

IC 36-9-6.5-3
Special taxing district
    Sec. 3. The metropolitan thoroughfare district created byIC 36-3-1-6 constitutes a special taxing district for the purposes ofprogramming, planning, designing, constructing, reconstructing, andoperating thoroughfares within the district.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-4
Adoption of resolution of necessity and purpose
    Sec. 4. Whenever the board determines that it is necessary for thegeneral welfare of the persons residing within the district and that itwill be of public utility and benefit to the property in the district toundertake and carry out any project of construction, reconstruction,or operation upon thoroughfares within the district, it shall adopt aresolution of the necessity of the project and the purpose of thedepartment to proceed with it. The board, as a part of the resolution,shall adopt the plans and specifications proposed for the entireproject, and shall determine the estimated cost of all work and allacquisitions necessary to carry out the project.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-5
Filing and notice of resolution
    Sec. 5. The resolution, plans and estimates, and all other matters

included with the resolution shall be filed and opened to inspectionby the public at the office of the department. The department shallgive notice of:
        (1) the adoption and general purport of the resolution;
        (2) the fact that the resolution, and included material, have beenprepared and are on file in the office of the department and canbe inspected;
        (3) that the board will on a date named receive and hearobjections from any person interested in or who will be affectedby the resolution.
The notice shall be published in accordance with IC 5-3-1.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-6
Hearing and approval of project
    Sec. 6. At or before the time fixed for the hearing designated inthe notice published under section 5 of this chapter, any personinterested in or who will be affected by the proposed project may filewith the department a written remonstrance against the proposedproject, in whole or in part. At the hearing, which may be adjournedfrom time to time, the board:
        (1) shall hear all persons who are interested in the proceedings;
        (2) shall finally determine whether or not the proposed project,in whole or in any part, is necessary for the general welfare ofthe persons residing within the district and will be of publicutility and benefit to the property in the district; and
        (3) may confirm, modify, or rescind the resolution.
The decision shall be entered in the records of the department.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-7
Department proceeding after final approval of project
    Sec. 7. After final approval of the resolution by the board, thedepartment shall proceed with the project, work, and capitalimprovements, or any parts of them, and shall let all contracts, uponseparate plans and specifications, in accordance with IC 36-1-12. Theprojects authorized may be modified by the board if it considersmodification necessary to carry out the purpose of the declarationand resolution, so long as the modifications do not increase theestimate of the total cost of the project as adopted in the originalresolution. All other changes must be processed as new declarations.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-8
Thoroughfare tax
    Sec. 8. All property located within the district is subject to aspecial tax for the purpose of providing money to pay the total costof the project, including all necessary incidental expenses ofprogramming, planning, and designing. The special tax constitutesthe amount of benefits resulting to all of that property from the

acquisition or work, and shall be levied as provided in this chapter.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-9
Bonds issued
    Sec. 9. (a) For the purpose of raising money to pay for any landor right-of-way to be acquired for thoroughfares within the district orto pay for any capital improvement necessary for the construction,reconstruction, or operation of thoroughfares within the district, andin anticipation of the special benefit tax, the board may cause bondsto be issued in the name of the consolidated city for the benefit of thedistrict. The bonds shall be issued in accordance with IC 36-3-5-8.
    (b) The bonds may be in an amount not to exceed the estimatedcost of all land and rights-of-way to be acquired and the estimatedcost of all capital improvements, including all expenses necessarilyincurred in connection with the proceedings, together with a sumsufficient to pay the costs of supervision and inspection during theperiod of construction or reconstruction and all costs ofprogramming, planning, and designing the capital improvements. Theexpenses to be covered in the amount of the bond issue include allexpenses of every kind actually incurred preliminary to theacquisition of the property and the construction of work, such as thecost of necessary records, engineering expenses, publication ofnotices, salaries, and other expenses necessary to be incurred inconnection with the acquisition of the property, the letting of thecontract, and the sale of bonds.
    (c) The bonds issued may not exceed the estimates for the projectas determined by the board under section 4 of this chapter.
    (d) Any surplus of bond proceeds remaining after all costs andexpenses have been fully paid shall be paid into the metropolitanthoroughfare district bond fund. The board may appropriate theproceeds of the bonds.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-10
Bonds; limitations; terms
    Sec. 10. (a) When the total issue of bonds under section 9 of thischapter for purposes of the district, including bonds already issuedor to be issued, exceeds four percent (4%) of the total adjusted valueof taxable property in the district as determined under IC 36-1-15,additional bonds may not be issued. All bonds or obligations issuedin violation of this subsection are void.
    (b) Bonds issued under section 9 of this chapter are not, in anyrespect, corporate obligations or indebtedness of the consolidatedcity but constitute an indebtedness of the metropolitan thoroughfaredistrict, and the bonds and interest on them are payable only out ofrevenues of the district. The bonds must recite these terms upon theirface.
As added by Acts 1982, P.L.77, SEC.12. Amended by P.L.6-1997,SEC.218.
IC 36-9-6.5-11
Deposit of bond proceeds
    Sec. 11. All proceeds from the sale of bonds issued under section9 of this chapter shall be kept as a separate and specific fund to payfor the cost of land, rights-of-way, and other property acquired andof the cost of the work and all costs and expenses incurred inconnection with it, and no part may be used for any other purpose.The fund shall be deposited at interest with the depository ordepositories of other public funds of the consolidated city, and allinterest collected on it belongs to the fund.
As added by Acts 1982, P.L.77, SEC.12.

IC 36-9-6.5-12
Special tax; metropolitan thoroughfare district bond fund
    Sec. 12. (a) For the purpose of raising money to pay all bondsissued under section 9 of this chapter and any interest on them, thelegislative body may levy each year a special tax upon all of theproperty located within the district, in such manner as to meet andpay the principal of the bonds as they severally mature, together withall accruing interest on them. Other revenues and funds may beannually allocated by statute or ordinance to be applied to reductionof the bonds and their interest for the next succeeding year, but to theextent that monies on hand are insufficient for payments required inthe next succeeding year, the special tax shall be levied.
    (b) The tax so collected, and all other allocated monies, shall beaccumulated and kept in a separate fund to be known as the"Metropolitan Thoroughfare District Bond Fund", and shall beapplied to the payment of the district bonds and interest as theyseverally mature, and to no other purposes. All accumulations maybe deposited, at interest, with one (1) of the depositories of otherfunds of the consolidated city, and all interest collected belongs tothe fund.
As added by Acts 1982, P.L.77, SEC.12.