CHAPTER 7. AUTOMATED TRANSIT DISTRICTS
IC 8-9.5-7
Chapter 7. Automated Transit Districts
IC 8-9.5-7-1
Creation by legislative body
Sec. 1. (a) A:
(1) consolidated city; or
(2) city having a population of more than one hundred fivethousand (105,000) but less than one hundred twenty thousand(120,000);
may create, by an ordinance adopted by its legislative body, anautomated transit district. The ordinance creating an automatedtransit district must specify the territory to be included initially in thedistrict.
(b) An automated transit district may also be created by theprocedures provided in sections 2 and 3 of this chapter.
As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.84-1988,SEC.7; P.L.12-1992, SEC.60; P.L.170-2002, SEC.62.
IC 8-9.5-7-1.1
Dissolution by ordinance or resolution; obligations of dissolveddistricts
Sec. 1.1. (a) An automated transit district may be dissolved by anordinance adopted by the legislative body on a date that is at leastthree (3) years later than the date the ordinance was adopted.
(b) An automated transit district may dissolve itself by resolutionon a date that is at least two (2) years later than the date of adoptionof the resolution creating the district.
(c) A dissolution of a district under this section requires the cityto assume the obligations incurred by the district.
As added by P.L.343-1989(ss), SEC.5.
IC 8-9.5-7-2
Association of landowners
Sec. 2. (a) Any number of persons, not less than fifteen (15), whoare the owners of fifteen (15) separate parcels of real estate in thesame city may associate themselves together by written articles ofassociation signed and acknowledged by each person, specifying:
(1) the name of the association;
(2) the purposes of the association, which shall be limited to theaccomplishment of automated transit objectives authorizedunder this chapter;
(3) the names and addresses of the initial members;
(4) the principal office of the association and the name of theagent for purpose of communications and service of process;
(5) the term of existence, which may be perpetual;
(6) the number of directors, which may not be less than three(3), nor more than eleven (11);
(7) the amount of membership fee, if any, and annual dues, ifany; (8) the area affected by any proposed automated transit systemfalling within the objects of the association; and
(9) such other provisions as the initial members may deemdesirable, not inconsistent with the provisions of this chapter.
(b) A copy of the articles of association, signed and acknowledgedby all of the initial members, shall be filed with the board of publicworks or board of transportation of the city in which the area affectedis located, and another copy shall be recorded in the office of therecorder of the county within which such area is located.
(c) Such association shall be a not-for-profit body corporate andby its name shall have power to contract, hold, convey and transferproperty, sue and be sued.
(d) Within ninety (90) days after the filing and recording of sucharticles of association, a meeting of all owners of real estate in thearea described in the articles of association shall be held for thepurpose of electing directors of the association. Notice of suchmeeting shall be mailed, first class postage prepaid, not less thantwenty (20) days prior to the meeting to all owners of real estate inthe area described in the articles of association. Such notice shall besufficient if it sets forth the time and place of the meeting, thepurpose of the meeting, and a general description of the nature andobject of the association, together with the amount of themembership fee, if any, and the annual dues, if any. The notice shallalso state that any owner of real estate may become a member and beeligible to vote in such meeting, either in person or by a dulyauthorized agent or attorney, upon the signing of a counterpart of thearticles of association at any time prior to the commencement of themeeting and upon payment of the membership fee, if any, and thedues for the first year, if any. It shall be sufficient if the notice isaddressed, and mailed, to all owners of real estate as their addressesappear upon the tax duplicates in the records of the county auditor.
(e) All directors elected shall be owners of real estate in the areaaffected and members of the association, and shall serve until thenext annual meeting and until their successors are elected andqualified. The directors shall approve bylaws which may be amendedfrom time to time and which may provide for officers of theassociation to be elected annually by the directors, and such otherprovisions as may be desirable for the conduct of the affairs of theassociation.
(f) The articles of association may be amended from time to timeupon recommendations of the directors, and the approval oftwo-thirds (2/3) of all members of the association at a meeting calledfor the purpose. Any amended articles shall be signed andacknowledged by a majority of the directors. A copy of allamendments shall be filed with the board of public works or boardof transportation and recorded in the office of the county recorder.
(g) At all times during regular business hours a counterpart of thearticles of association, with all amendments, if any, shall be availableat the office of the agent of the association for signature by anyowner who may desire to become a member by signature of such
counterpart and the payment of the membership fee, if any, and theannual dues, if any.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-3
Establishment petition; notice; resolution
Sec. 3. (a) An association, or if an association has not beenformed under section 2 of this chapter owners of twenty-five percent(25%) of the parcels of real estate in any proposed automated transitdistrict, may file a petition with the board of public works or boardof transportation. A petition of an association shall be signed by amajority of its directors. A petition shall be sufficient if it sets forth:
(1) the boundaries of the proposed automated transit districtwhich shall include all property which petitioners believe willbe specially benefited or damaged by the proposed automatedtransit system;
(2) the location and a general description of the proposedautomated transit system;
(3) the estimated cost of the proposed automated transit system;and
(4) as a part of the petition, or as an exhibit thereto, the namesand addresses of all owners within the boundaries of theproposed district, as the same appear upon the tax duplicates inthe records of the auditor of the county.
(b) The board of public works or board of transportation, upon thefiling of such petition, shall fix a date for a hearing on theestablishment of the proposed district. The association or petitioners,as the case may be, shall cause a notice to be mailed, at leasttwenty-one (21) days prior to the date fixed for hearing, by UnitedStates mail, first class postage prepaid, to all owners of real estatewithin the proposed district. It shall be sufficient if the notices to theowners are addressed as the names and addresses appear upon the taxduplicates in the records of the county auditor. Also, the associationor petitioners shall cause a notice of the hearing and the date, placeand hour thereof, to be published in accordance with IC 5-3-1.
(c) The notice to be published and mailed shall also contain ageneral description of the contents of the petition, specifically settingforth the boundaries of the proposed district, and shall state that allof the property in the proposed district will be assessed benefits ordamages under this chapter for the proposed automated transitsystem, and that at the hearing all owners of real estate within theproposed district, or their representatives, may be heard upon thequestion of the establishment of the district. Proof of service shall bemade by affidavit of the person, or persons, causing such service tobe made.
(d) On the date fixed for hearing the board of public works orboard of transportation shall hear all owners in the proposed district,who appear and request to be heard, upon the question of thesufficiency of the petition and notice, whether the proposedautomated transit system is of public utility and benefit, whether all
of the probable benefits of the proposed improvement will be equalto or exceed the estimated cost thereof, and whether the districtcontains all, or more or less than all, of the property speciallybenefited or damaged by the proposed system. After the hearing,which may be adjourned from time to time without further notice, theboard of public works or board of transportation shall adopt aresolution containing the following determinations:
(1) Whether the petition is sufficient.
(2) Whether the required notice was given.
(3) Whether the proposed automated transit system is of publicutility and benefit.
(4) Whether all of the probable benefits of the proposed systemwill equal or exceed the estimated cost thereof.
(5) Whether the proposed automated transit district contains all,or more, or less than all, of the property specially benefited ordamaged by the proposed system.
(e) If the board of public works or board of transportation resolvesaffirmatively on the first four (4) questions and determines that theproposed district contains all of the property specially benefited ordamaged, then it shall establish the district with the boundariesdescribed in such petition. If it resolves negatively on any of the firstfour (4) questions, it may allow amendments, the issuance ofadditional notice, and hold such further proceedings as it deemsproper, or the petition may be dismissed without prejudice to theright to file a new petition.
(f) In the event the board of public works or board oftransportation determines that property not specially benefited ordamaged has been included within boundaries described in thepetition, then it shall redefine the boundaries of the district and in itsresolution include only that property within the petition which isspecially benefited or damaged and shall establish the district withthe boundaries as redefined.
(g) In the event the board of public works or board oftransportation determines that either:
(1) all of the property specially benefited or damaged has notbeen included within the boundaries described in the petition;or
(2) all of the property specially benefited or damaged has notbeen included within the boundaries described in the petitionand some property has been included which is not speciallybenefited or damaged;
then in either event it shall fix a date for a further hearing. Noticeshall be given of the further hearing, describing the proposed revisedboundaries as provided in this section, except that notice by mailshall be given only to the owners in any area proposed to be addedto the district which was not included in the initial petition. At suchfurther hearing all owners of real estate or their representativeswithin the proposed district boundaries, as revised shall be entitledto be heard, and the board of public works or board of transportationshall then adopt its resolution on establishment of the automated
transit district.
(h) Any resolution entered establishing an automated transitdistrict shall also recite that all property within the district will besubject to assessment of special benefits and damages in the mannerprovided in this chapter.
(i) The resolution shall be deemed notice to all owners who haveappeared, or who have been notified of the proceedings, as providedin this section, that their property will be subject to an assessment ofspecial benefits and damages as provided in this chapter and that nofurther notice of such assessments, or of the hearing thereon, shall berequired except the notice by publication provided for in this chapter.
(j) The resolution of the board of public works or board oftransportation that establishes the automated transit district must beapproved by the legislative body of the city. Thereafter, theresolution shall be final and conclusive and no attack may be madechallenging the resolution on the establishment of the automatedtransit district, the validity of the petition, the sufficiency of notice,the existence of the automated transit district, the public utility andbenefit of the proposed automated transit system, that the benefitsequal or exceed the estimated cost, the boundaries of the district, orany other matters before the board of public works or board oftransportation, unless an appeal is taken as provided in this section.
(k) A copy of the resolution establishing an automated transitdistrict, certified by the clerk, shall be recorded in the miscellaneousrecords in the office of the recorder of the county in which the cityis located.
(l) Any party aggrieved by a resolution made under the provisionsof this section may appeal. Such appeal shall be taken as provided inIC 34-13-6. However, in the event that fifty-one percent (51%) of theowners of property located in such automated transit districtremonstrate by petition to the board of public works or board oftransportation, signatures on such petition shall be verified by theauditor of such county, and if found to be valid shall cause furtheractions on the establishment of an automated transit district to cease.
As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.1-1998,SEC.88.
IC 8-9.5-7-4
Commission; appointments; terms; salary; meetings; officers;quorum; record of proceedings; bylaws; powers
Sec. 4. (a) The district created under this chapter shall begoverned by and under control of a commission having five (5)members, two (2) of whom shall be appointed by the executive of thecity, two (2) of whom shall be appointed by the city legislative body,and one (1) of whom shall be the head of the city's department ofpublic works or department of transportation. The term of office fora commission member for a district created by the legislative bodyis one (1) year after the member's appointment, except that themember shall serve until a successor has qualified for the office.Thereafter, the landowners, including corporate landowners, shall
elect five (5) members to succeed the original members of thecommission under the bylaws of the commission for a term of one(1) year. Each member, otherwise qualified, is eligible forreappointment to successive terms.
(b) The commission members shall not receive a salary forserving but shall receive a per diem payment and expenses similar tothose paid members of other special taxing district boards.
(c) The commission shall elect, at its first regular meeting andannually thereafter, one (1) of its members president, and another ofits members vice president, who shall perform the duties of thepresident during the absence or disability of the president. Suchcommission shall have a suitable office where its maps, plans,documents, records and accounts shall be kept, subject to publicinspection at all reasonable times.
(d) The commission shall by rule provide for regular meetings tobe held not less than at semimonthly intervals throughout the year.The commission shall keep its meetings open to the public.
(e) The commission shall convene in a special meeting when sucha meeting is called. The chairman or a majority of the members ofthe commission may call a special meeting. The commission shallestablish a procedure for calling special meetings.
(f) Three (3) members of the commission constitute a quorum fora meeting. The commission may act officially by an affirmative voteof a majority of those present at the meeting at which the action istaken.
(g) The commission shall cause a written record of its proceedingsto be kept which shall be available for public inspection in the officeof the commission. The commission shall record in the record the ayeand nay vote on the passage of each item of business.
(h) The commission shall adopt bylaws under which its meetingsare to be held. The bylaws must provide that the vote of eachmember shall be in the same proportion that the assessed value of allof the members' land sites are to the assessed value of all the landsites within the district. The commission may suspend the bylaws byunanimous vote of the members of the commission who are presentat the meeting. The commission shall not suspend the bylaws beyondthe duration of the meeting at which the suspension of rules occurs.
(i) The commission may exercise the powers to supervise itsinternal affairs which are common to municipal legislative andadministrative bodies.
As added by Acts 1982, P.L.77, SEC.1. Amended byP.L.343-1989(ss), SEC.6.
IC 8-9.5-7-5
Ordinances; introduction of proposed draft; notice
Sec. 5. (a) A member of the commission may introduce aproposed draft of an ordinance at a meeting of the commission. Aperson who introduces a proposed draft of an ordinance shall provideat the time of introduction a written copy of the proposed draft. Thecommission shall assign to each proposed draft of an ordinance a
distinguishing number, and the date when introduced.
(b) Not more than seven (7) days after the introduction of aproposed draft of an ordinance nor less than seven (7) days beforethe final passage of a proposed draft of an ordinance, the commissionshall publish a notice that the proposed ordinance is pending finalaction by the commission. The notice shall be published one (1) timein each of two (2) daily newspapers which have a general circulationin the jurisdiction of the commission.
(c) The commission shall include in the notice reference to thesubject matter of the proposed ordinance and the time and placehearing will be held thereon and shall indicate that the proposed draftof an ordinance is available for public inspection at the office of thecommission. The commission may include in one (1) notice areference to the subject matter of each draft of an ordinance whichis pending and for which notice has not been given.
(d) An ordinance shall not be invalid because the reference to thesubject matter of the draft of an ordinance was inadequate ifsufficient to advise the public of the general subject matter of theproposed ordinance.
(e) The commission shall not later than the date of notice of theintroduction of a proposed ordinance place five (5) copies of theproposed draft on file in the office of the commission for publicinspection.
(f) At a meeting for which notice has been given as required bythis section, the commission may take final action on the proposedordinance or may postpone final consideration thereof to adesignated meeting in the future without giving additional notice.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-6
Adoption of ordinance; effective date
Sec. 6. (a) The commission may adopt a draft of an ordinanceonly at a meeting which is open to the public. Before adopting anordinance, the commission shall give opportunity to any personpresent at the meeting to give testimony, evidence or argument for oragainst the proposed ordinance in person or by counsel, under suchrules as to the number of persons who may be heard and time limitsas may be adopted by the commission.
(b) When an ordinance is adopted, the commission shall at thesame meeting designate the effective date of the ordinance. If thecommission fails so to designate the effective date of the ordinancein the record of the proceedings of the commission, the ordinanceshall be effective on the fourteenth day after its passage.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-7
Additional powers and duties
Sec. 7. In addition to the powers and duties conferred upon itelsewhere in this chapter, the commission shall have full power andauthority to do all acts necessary or reasonably incident to carrying
out the purposes of this chapter including, but not in limitationthereof, the following:
(1) To sue and be sued collectively in the name of the"____________________ Automated Transit District".
(2) To adopt ordinances to protect all property owned, operated,or managed by the commission.
(3) To incur indebtedness in the name of the district inaccordance with the provisions of this chapter.
(4) To adopt administrative procedures and regulations.
(5) To acquire property, real, personal or mixed by deed,purchase, lease, condemnation or otherwise and dispose of thesame for automated transit purposes, and to receive gifts,donations, bequests and public trusts and to agree to conditionsand terms accompanying the same and bind the district to carrythem out.
(6) To determine matters of policy regarding internalorganization and operating procedures not specifically providedfor otherwise.
(7) To accept assistance from state or federal agencies for thepurposes of this chapter.
(8) To negotiate and execute contracts required to accomplishthe purposes of this chapter.
(9) To enter into agreements with any other agency of the stateor any of its political subdivisions or any private company forthe rendition of any services, the rental or use of any equipmentor facilities or the joint purchase and use of any equipment orfacilities which are deemed proper by the contracting parties foruse in the operation, maintenance or construction of anautomated transit system.
(10) To purchase supplies, materials and equipment to carry outthe duties and functions of the commission, in accordance withprocedures adopted by the commission and in accordance withthe general law of the state.
(11) To employ such personnel as may be necessary for theproper carrying out of the duties, functions and powers of thecommission.
(12) To sell any surplus or unneeded property in accordancewith such procedure as may be prescribed by the commission.
(13) To adopt administrative regulations to carry out its powersand duties, governing the duties of its officers, employees andpersonnel and the internal management of the affairs of thecommission.
(14) To fix the salaries or compensation of the various officersand employees of such district except where a differentprovision is made by this chapter.
(15) To carry out the purposes and objects of the district.
(16) To acquire land, easements and rights-of-way, and toestablish, construct, improve, equip, maintain, control, lease andregulate an automated transit system within the jurisdictionallimits of the district. (17) To acquire property within the jurisdiction of the districtfor the purpose of establishing parking facilities for the purposeof increasing the usefulness of the automated transit system andto charge a parking fee to be established by ordinance.
(18) To provide parking facilities and services related to theprovision of automated transit.
As added by Acts 1982, P.L.77, SEC.1. Amended byP.L.343-1989(ss), SEC.7.
IC 8-9.5-7-8
Actions by the commission; publication of regulations
Sec. 8. The commission may take any action which it deemsproper to recover damages for the breach of any agreement, expressor implied, relating to or growing out of the operation, control,leasing, management, or improvement of the property under itscontrol, and for the penalties for the violation of any ordinances orof any of its regulations and for injury to the personal or realproperty under its control and to recover possession of any suchproperty. All regulations which said commission shall at any timeadopt under and in pursuance of the provisions of this chapter shallbe published for at least ten (10) days in a newspaper of generalcirculation printed in such city.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-9
Eminent domain
Sec. 9. (a) The commission may exercise the power of eminentdomain for the purpose of carrying out this chapter and to awarddamages to landowners for real estate and property rightsappropriated and taken. If the commission cannot agree with theowners, lessees, or occupants of any real estate selected by the boardfor the purpose set forth in this chapter, the board may proceed toprocure the condemnation of the property under IC 32-24.
(b) Relocation assistance under IC 8-23-17 shall be provided toany person displaced under this section.
(c) If the property over and across which the automated transitsystem must be constructed and operate is already in use or acquiredfor use for a public purpose, the public use or acquisition of theproperty shall not be a bar to the right of the commission to condemnthe property for purposes of this chapter.
As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.18-1990,SEC.103; P.L.2-2002, SEC.43.
IC 8-9.5-7-10
Agreement with public transportation corporation
Sec. 10. In any district served by a public transportationcorporation, created under IC 36-9-4, the commission may enter intoan agreement with the corporation to operate and maintain theautomated transmit system and to provide connecting service to,from, and between the areas served by the district and the
corporation for the purpose of providing improved publictransportation facilities and service to the community.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-11
Treasurer; appointment; bond; term; powers and duties
Sec. 11. (a) The commission shall appoint a person to act astreasurer of the district; he shall give bond in such sum and with anycondition prescribed by the commission and with surety to theapproval of the commission. The treasurer shall be appointed to servefor a term of one (1) year unless sooner removed for cause. Allmoney payable to the district shall be paid to the treasurer and heshall deposit the same under the provisions of the general laws of thestate relating to the deposit of public funds by municipalcorporations. He shall keep an accurate account of all appropriationsmade and all taxes levied by the district, of all money owing or dueto the district and of all money received and disbursed. He shallpreserve all vouchers for payments and disbursements made.
(b) The treasurer shall issue all warrants for the payment ofmoney from the funds of the district, but no warrant shall be issuedfor the payment of any claim until such claim has been allowed inaccordance with the procedure prescribed by the regulations of thecommission. All warrants shall be countersigned by the president.Whenever the treasurer is called upon to issue any warrant, he shallhave the power to require evidence that the amount claimed is justlydue and in conformity with law and for that purpose may summonbefore him any officer, agent or employee of the district, or otherperson, and examine him on oath or affirmation relating thereto,which oath or affirmation the treasurer may administer.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-12
Report of accounts by treasurer
Sec. 12. The treasurer shall submit to the commission annually,and more often if required by the commission, a report of theaccounts, exhibiting the revenues, receipts and disbursements and thesources from which the revenues and funds are derived and in whatmanner the same have been disbursed.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-13
Audit of records of account
Sec. 13. The treasurer shall annually, and more often if requiredby the commission, submit his records of account as treasurer of thedistrict to such person or firm, being a certified public accountant orfirm of certified public accountants, as designated or selected by thecommission, for audit. Such person or firm shall prepare and submita certified report of such records of accounts to the board exhibitingthe revenues, receipts and disbursements and the sources from whichthe revenues and funds are derived and in what manner the same
have been disbursed.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-14
Annual budget
Sec. 14. The commission shall annually prepare a budget for theoperation and capital expenditures of the district.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-15
Loans; warrants; advancements from within district
Sec. 15. (a) To facilitate the carrying out of the preliminaryproceedings and provide funds for the payment of expenses prior tothe issuance of bonds, the commission may by resolution authorizethe making of loans. Such loans shall be evidenced by callablewarrants payable out of the proceeds of bonds, when available. Thesame shall be sold at public sale pursuant to notice given inaccordance with IC 5-3-1. Such warrants shall be sold to the bidderoffering to purchase said warrants at the lowest actual interest costto the district, and shall be executed in the name of the district by thepresident or vice president of the commission.
(b) Any city, town, township, or county, any part of the territoryof which is included within said district, shall have authority toadvance funds to the district upon being authorized so to do by itsfiscal body. Such advancements may be made without appropriation,and warrants evidencing the same shall be issued by the district,bearing such rate of interest as shall be provided for in the resolutionor other action authorizing the making of such advancements.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-16
Bonds
Sec. 16. (a) For the purpose of procuring funds to pay the cost ofacquisition of property or the cost of construction or installation ofan automated transit system, or both, and in anticipation of thereceipt of revenues under sections 17 and 18 of this chapter, thecommission may by resolution direct that bonds be issued in thename of the district. The amount of such bonds shall not exceed:
(1) the total cost of property to be acquired and the total amountof damages to be awarded on account of property injuriouslyaffected but not acquired;
(2) the price of the automated transit system;
(3) an amount sufficient to pay the cost of supervision andinspection during the period of construction;
(4) all general, administrative, legal, engineering and incidentalexpense not otherwise provided for and incurred on account ofor in connection with the establishment of the district, theadministration of its affairs, the acquisition of property, and theconstruction of the automated transit system; and
(5) the expenses to be incurred in connection with the issuance
and sale of bonds.
Such bond issue shall also include an amount sufficient to pay anyoutstanding warrants issued for the purpose of obtaining funds withwhich to meet expenses prior to the issuance of bonds. Such bondsshall not, in any respect, be a corporate obligation or indebtedness ofthe city, the territory of which shall be included in whole or in partin said district, but shall be and constitute an indebtedness of thedistrict, and shall be payable solely out of the funds of said district.The bonds shall recite such terms upon their face, together with thepurpose for which they are issued.
(b) In the event the commission shall find it necessary to replace,enlarge or extend any part of the works, or construct additionalworks in conjunction with or separate and apart from the originalworks, in order to protect the district properly, and that the costthereof will be in excess of the amount then available out of currentmaintenance and repair funds, the commission may issue bondsunder the provisions of this section for that purpose.
(c) In the event the district shall be unable to pay any bonds or theinterest thereon at the times fixed therefor, by reason of insufficiencyof funds or other causes, refunding bonds may be issued and soldpursuant to the provisions of this section to obtain money for thatpurpose, and such refunding bonds shall be payable within suchperiod, not exceeding ten (10) years, as the commission shalldetermine.
(d) All bonds issued hereunder, together with the interest thereon,shall be exempt from taxation. No suit to question the validity of anyof the bonds issued under this chapter, or to prevent their issuance,shall be instituted after the time fixed in the bond sale notice for thereceiving of bids thereon, and all of said bonds from and after saidtime shall be incontestable for any cause whatsoever.
(e) All proceeds from the sale of such bonds shall be kept by thecounty treasurer as a separate and specific fund designated as the"________ Automated Transit District Construction Fund." Out ofsaid fund there shall be paid the cost of the automated transit system.No part of the same shall be used for any other purpose, and anysurplus of funds remaining out of the proceeds of said bonds after allof said construction costs are paid shall become available for use bythe board for expenses of maintaining the automated transit system.
As added by Acts 1982, P.L.77, SEC.1.
IC 8-9.5-7-17
Assessment of benefits and damages
Sec. 17. (a) This section provides for the assessment of benefitsand damages to property within the automated transit district. For thepurpose of providing all or part of the cost of payment of principaland interest on bonded indebtedness, and expenses of planning,construction, operation, maintenance, and repair of the automatedtransit system and related parking facilities and services after thecompletion of the same, including as a part of such cost the generalexpenses of the commission, the commission may make an annual
assessment of benefits and damages. The assessment shall be againstthe site value of the lands only.
(b) The commission shall annually prepare a schedule whichdescribes each tract of land in the district that it determines to bebenefited by the automated transit system, and states the percentageof the total benefit that is received by each tract of land. In order toprepare this schedule, the commission shall appoint three (3)disinterested persons, who are licensed real estate brokers orappraisers licensed under IC 25-34.1 who are residents of Indiana, asappraisers to make an examination of the property within theimprovement district. One (1) of the persons appointed under thissubsection must reside not more than fifty (50) miles from theproperty. Upon request from the appraisers, the commission mayretain or employ qualified personnel to render any necessarytechnical or consulting assistance, and may supply the appraiserswith any information available or obtainable which will assist inmaking the assessment. Upon such examination, such appraisersshall make an assessment of all special benefits and damages, if any,which will accrue from the construction and operation of theautomated transit system, as to each parcel of real estate. Allproperty within the district (or owned or operated by the district),except common green areas, shall be conclusively presumed to bebenefited by the existence of the district to the extent determinedunder this section as its assessed benefit. A copy of the roll of allowners of real estate, signed by all three (3) appraisers, showing theassessment of benefits and damages, if any, shall be filed by theappraisers with the commission not less than thirty (30) days aftertheir appointment, unless the commission shall extend the time.
(c) Promptly after the filing of an assessment, the commissionshall cause a notice to be mailed, by United States mail, first classpostage prepaid, to each owner of real estate to be assessed. Thenotices shall be deposited in the mail twenty-one (21) days before thehearing date, shall set forth the amount of the proposed assessment,shall state that the proposed assessments on each parcel of real estatein the district are on file and can be seen in the office of thecommission, and shall set forth the date when the commission will,at its office, receive written remonstrances against the assessment onthe parcel and hear all owners of real estate assessed who have filedwritten remonstrances prior to the date fixed for the hearing. It shallbe sufficient if the notices to the owners are addressed as the namesand addresses appear upon the tax duplicates in the records of thecounty auditor.
(d) At the time so fixed in such notice, the commission shall hearall owners of real estate assessed who have filed writtenremonstrances prior to the date of the hearing. The hearing may becontinued from time to time as long as may be necessary to hear suchowners.
(e) The commission shall complete such assessment roll byrendering its decision by increasing, or decreasing, or by confirmingeach assessment by setting opposite each name, parcel and
appraisers' assessment, the amount of the assessment as determinedby the commission. If the total of the assessments exceeds theamount needed, the commission shall further make pro rata reductionin each assessment. The signing of such roll by a majority of thecommission members, and the delivery thereof to the fiscal officerof the city shall constitute a final and conclusive determination of thebenefits or damages, if any, assessed. However, any owner who hadpreviously filed a written remonstrance as provided in this sectionwith the board or any owner whose assessment was increased abovethe amount fixed by the appraisers, whether he filed such a writtenremonstrance or not, may appeal. Such appeal shall be taken asprovided in IC 34-13-6, and shall proceed to trial, hearing, and finaljudgment in the manner and with the effect as provided in IC 34-13-6as to all parties.
(f) If the final determination of the commission results in the totalfunds being inadequate to cover the cost of the improvement, thedeficiency may be supplied by other sources as provided in thischapter.
(g) Each assessment shall be a lien on the real estate assessed,second only to taxes levied on such property.
(h) The commission shall annually transmit to the county auditorthe schedule of assessment of benefits. The county auditor shall enterthe assessment of benefits on the tax duplicates, and the countytreasurer shall collect and enforce the amount of the assessed benefitin the same manner as property taxes are entered, collected, andenforced.
(i) The county treasurer charged with the duty of collecting suchtaxes shall, between the first and tenth days of each month, notify thecommission of the amount of such special taxes collected during thepreceding month, and upon the date of notification above referred tosuch county treasurer shall credit the amount so collected to a fundof such district to be designated as the "____________________Automated Transit District Fund", and such fund shall be used andexpended for no other purpose than as stated in this section. Thecommission shall have full, complete, and exclusive authority toexpend for and on behalf of the district all sums of money thusrealized. The commission may, by resolution, authorize and maketemporary loans in anticipation of the collection of the specialbenefit taxes actually levied and in the course of collection under thissection, which loans shall mature and be paid within the year inwhich made, and shall bear interest payable at the maturity of theloan. Such temporary loans shall be evidenced by warrants.
As added by Acts 1982, P.L.77, SEC.1. Amended byP.L.343-1989(ss), SEC.8; P.L.1-1998, SEC.89; P.L.113-2006,SEC.7.
IC 8-9.5-7-18
Formula for use of increased property tax revenues
Sec. 18. This section provides a formula for a portion of increasedproperty tax revenues resulting from increases in assessed valuation
to be used for the automated transit district. For the first ten (10)complete calendar years after the establishment of an automatedtransit district, any property taxes levied on the propertygeographically within the automated transit district, by anotherpolitical subdivision, shall be divided each year as follows:
(1) That portion of the taxes which are produced by the rate atwhich the tax is levied by or for each of the politicalsubdivisions upon the total sum of the assessed value of thetaxable property in the district, as that assessed value stands onthe date of the establishment of the automated transit district, isallocated to the respective political subdivisions for their usualpurposes.
(2) Twenty-five percent (25%) of that portion of the propertytaxes collected each year in excess of the amount referred to insubdivision (1) is allocated to the respective taxing agencies fortheir usual purposes in proportion to the tax rate of each taxingagency.
(3) Seventy-five percent (75%) of that portion of the propertytaxes collected each year in excess of the amount referred to insubdivision (1) is allocated to, and when collected shall be paidinto a special fund of the automated transit district to pay theprincipal and the interest on loans, to repay money advanced to,or to repay indebtedness of the district. When such loans,advances, and indebtedness, if any, and the interest thereon hasbeen paid in full, all money thereafter received from propertytaxes upon the taxable property in the district shall be paidsolely into the funds of the respective political subdivisions.
(4) That portion of the taxes referred to in subdivision (3), andthe special fund into which they shall be paid, may beirrevocably pledged by the automated transit district for thepayment of the principal and interest on loans or for repaymentof advances or indebtedness, of the district.
As added by Acts 1982, P.L.77, SEC.1.