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 five
thousand (105,000) but less than one hundred twenty thousand
(120,000);
may create, by an ordinance adopted by its legislative body, an
automated transit district. The ordinance creating an automated
transit district must specify the territory to be included initially in the
district.
(b) An automated transit district may also be created by the
procedures 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 dissolved
districts
Sec. 1.1. (a) An automated transit district may be dissolved by an
ordinance adopted by the legislative body on a date that is at least
three (3) years later than the date the ordinance was adopted.
(b) An automated transit district may dissolve itself by resolution
on a date that is at least two (2) years later than the date of adoption
of the resolution creating the district.
(c) A dissolution of a district under this section requires the city
to 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), who
are the owners of fifteen (15) separate parcels of real estate in the
same city may associate themselves together by written articles of
association signed and acknowledged by each person, specifying:
(1) the name of the association;
(2) the purposes of the association, which shall be limited to the
accomplishment of automated transit objectives authorized
under this chapter;
(3) the names and addresses of the initial members;
(4) the principal office of the association and the name of the
agent 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, if
any;
(8) the area affected by any proposed automated transit system
falling within the objects of the association; and
(9) such other provisions as the initial members may deem
desirable, not inconsistent with the provisions of this chapter.
(b) A copy of the articles of association, signed and acknowledged
by all of the initial members, shall be filed with the board of public
works or board of transportation of the city in which the area affected
is located, and another copy shall be recorded in the office of the
recorder of the county within which such area is located.
(c) Such association shall be a not-for-profit body corporate and
by its name shall have power to contract, hold, convey and transfer
property, sue and be sued.
(d) Within ninety (90) days after the filing and recording of such
articles of association, a meeting of all owners of real estate in the
area described in the articles of association shall be held for the
purpose of electing directors of the association. Notice of such
meeting shall be mailed, first class postage prepaid, not less than
twenty (20) days prior to the meeting to all owners of real estate in
the area described in the articles of association. Such notice shall be
sufficient if it sets forth the time and place of the meeting, the
purpose of the meeting, and a general description of the nature and
object of the association, together with the amount of the
membership fee, if any, and the annual dues, if any. The notice shall
also state that any owner of real estate may become a member and be
eligible to vote in such meeting, either in person or by a duly
authorized agent or attorney, upon the signing of a counterpart of the
articles of association at any time prior to the commencement of the
meeting and upon payment of the membership fee, if any, and the
dues for the first year, if any. It shall be sufficient if the notice is
addressed, and mailed, to all owners of real estate as their addresses
appear upon the tax duplicates in the records of the county auditor.
(e) All directors elected shall be owners of real estate in the area
affected and members of the association, and shall serve until the
next annual meeting and until their successors are elected and
qualified. The directors shall approve bylaws which may be amended
from time to time and which may provide for officers of the
association to be elected annually by the directors, and such other
provisions as may be desirable for the conduct of the affairs of the
association.
(f) The articles of association may be amended from time to time
upon recommendations of the directors, and the approval of
two-thirds (2/3) of all members of the association at a meeting called
for the purpose. Any amended articles shall be signed and
acknowledged by a majority of the directors. A copy of all
amendments shall be filed with the board of public works or board
of transportation and recorded in the office of the county recorder.
(g) At all times during regular business hours a counterpart of the
articles of association, with all amendments, if any, shall be available
at the office of the agent of the association for signature by any
owner who may desire to become a member by signature of such
counterpart and the payment of the membership fee, if any, and the
annual 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 been
formed under section 2 of this chapter owners of twenty-five percent
(25%) of the parcels of real estate in any proposed automated transit
district, may file a petition with the board of public works or board
of transportation. A petition of an association shall be signed by a
majority of its directors. A petition shall be sufficient if it sets forth:
(1) the boundaries of the proposed automated transit district
which shall include all property which petitioners believe will
be specially benefited or damaged by the proposed automated
transit system;
(2) the location and a general description of the proposed
automated 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 names
and addresses of all owners within the boundaries of the
proposed district, as the same appear upon the tax duplicates in
the records of the auditor of the county.
(b) The board of public works or board of transportation, upon the
filing of such petition, shall fix a date for a hearing on the
establishment of the proposed district. The association or petitioners,
as the case may be, shall cause a notice to be mailed, at least
twenty-one (21) days prior to the date fixed for hearing, by United
States mail, first class postage prepaid, to all owners of real estate
within the proposed district. It shall be sufficient if the notices to the
owners are addressed as the names and addresses appear upon the tax
duplicates in the records of the county auditor. Also, the association
or petitioners shall cause a notice of the hearing and the date, place
and hour thereof, to be published in accordance with IC 5-3-1.
(c) The notice to be published and mailed shall also contain a
general description of the contents of the petition, specifically setting
forth the boundaries of the proposed district, and shall state that all
of the property in the proposed district will be assessed benefits or
damages under this chapter for the proposed automated transit
system, and that at the hearing all owners of real estate within the
proposed district, or their representatives, may be heard upon the
question of the establishment of the district. Proof of service shall be
made by affidavit of the person, or persons, causing such service to
be made.
(d) On the date fixed for hearing the board of public works or
board of transportation shall hear all owners in the proposed district,
who appear and request to be heard, upon the question of the
sufficiency of the petition and notice, whether the proposed
automated transit system is of public utility and benefit, whether all
of the probable benefits of the proposed improvement will be equal
to or exceed the estimated cost thereof, and whether the district
contains all, or more or less than all, of the property specially
benefited or damaged by the proposed system. After the hearing,
which may be adjourned from time to time without further notice, the
board of public works or board of transportation shall adopt a
resolution 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 public
utility and benefit.
(4) Whether all of the probable benefits of the proposed system
will 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 or
damaged by the proposed system.
(e) If the board of public works or board of transportation resolves
affirmatively on the first four (4) questions and determines that the
proposed district contains all of the property specially benefited or
damaged, then it shall establish the district with the boundaries
described in such petition. If it resolves negatively on any of the first
four (4) questions, it may allow amendments, the issuance of
additional notice, and hold such further proceedings as it deems
proper, or the petition may be dismissed without prejudice to the
right to file a new petition.
(f) In the event the board of public works or board of
transportation determines that property not specially benefited or
damaged has been included within boundaries described in the
petition, then it shall redefine the boundaries of the district and in its
resolution include only that property within the petition which is
specially benefited or damaged and shall establish the district with
the boundaries as redefined.
(g) In the event the board of public works or board of
transportation determines that either:
(1) all of the property specially benefited or damaged has not
been included within the boundaries described in the petition;
or
(2) all of the property specially benefited or damaged has not
been included within the boundaries described in the petition
and some property has been included which is not specially
benefited or damaged;
then in either event it shall fix a date for a further hearing. Notice
shall be given of the further hearing, describing the proposed revised
boundaries as provided in this section, except that notice by mail
shall be given only to the owners in any area proposed to be added
to the district which was not included in the initial petition. At such
further hearing all owners of real estate or their representatives
within the proposed district boundaries, as revised shall be entitled
to be heard, and the board of public works or board of transportation
shall then adopt its resolution on establishment of the automated
transit district.
(h) Any resolution entered establishing an automated transit
district shall also recite that all property within the district will be
subject to assessment of special benefits and damages in the manner
provided in this chapter.
(i) The resolution shall be deemed notice to all owners who have
appeared, or who have been notified of the proceedings, as provided
in this section, that their property will be subject to an assessment of
special benefits and damages as provided in this chapter and that no
further notice of such assessments, or of the hearing thereon, shall be
required except the notice by publication provided for in this chapter.
(j) The resolution of the board of public works or board of
transportation that establishes the automated transit district must be
approved by the legislative body of the city. Thereafter, the
resolution shall be final and conclusive and no attack may be made
challenging the resolution on the establishment of the automated
transit district, the validity of the petition, the sufficiency of notice,
the existence of the automated transit district, the public utility and
benefit of the proposed automated transit system, that the benefits
equal or exceed the estimated cost, the boundaries of the district, or
any other matters before the board of public works or board of
transportation, unless an appeal is taken as provided in this section.
(k) A copy of the resolution establishing an automated transit
district, certified by the clerk, shall be recorded in the miscellaneous
records in the office of the recorder of the county in which the city
is located.
(l) Any party aggrieved by a resolution made under the provisions
of this section may appeal. Such appeal shall be taken as provided in
IC 34-13-6. However, in the event that fifty-one percent (51%) of the
owners of property located in such automated transit district
remonstrate by petition to the board of public works or board of
transportation, signatures on such petition shall be verified by the
auditor of such county, and if found to be valid shall cause further
actions 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 be
governed by and under control of a commission having five (5)
members, two (2) of whom shall be appointed by the executive of the
city, 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 of
public works or department of transportation. The term of office for
a commission member for a district created by the legislative body
is one (1) year after the member's appointment, except that the
member 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 the
commission under the bylaws of the commission for a term of one
(1) year. Each member, otherwise qualified, is eligible for
reappointment to successive terms.
(b) The commission members shall not receive a salary for
serving but shall receive a per diem payment and expenses similar to
those paid members of other special taxing district boards.
(c) The commission shall elect, at its first regular meeting and
annually thereafter, one (1) of its members president, and another of
its members vice president, who shall perform the duties of the
president during the absence or disability of the president. Such
commission shall have a suitable office where its maps, plans,
documents, records and accounts shall be kept, subject to public
inspection at all reasonable times.
(d) The commission shall by rule provide for regular meetings to
be 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 such
a meeting is called. The chairman or a majority of the members of
the commission may call a special meeting. The commission shall
establish a procedure for calling special meetings.
(f) Three (3) members of the commission constitute a quorum for
a meeting. The commission may act officially by an affirmative vote
of a majority of those present at the meeting at which the action is
taken.
(g) The commission shall cause a written record of its proceedings
to be kept which shall be available for public inspection in the office
of the commission. The commission shall record in the record the aye
and nay vote on the passage of each item of business.
(h) The commission shall adopt bylaws under which its meetings
are to be held. The bylaws must provide that the vote of each
member shall be in the same proportion that the assessed value of all
of the members' land sites are to the assessed value of all the land
sites within the district. The commission may suspend the bylaws by
unanimous vote of the members of the commission who are present
at the meeting. The commission shall not suspend the bylaws beyond
the duration of the meeting at which the suspension of rules occurs.
(i) The commission may exercise the powers to supervise its
internal affairs which are common to municipal legislative and
administrative bodies. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 a
proposed draft of an ordinance at a meeting of the commission. A
person who introduces a proposed draft of an ordinance shall provide
at the time of introduction a written copy of the proposed draft. The
commission 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 a
proposed draft of an ordinance nor less than seven (7) days before
the final passage of a proposed draft of an ordinance, the commission
shall publish a notice that the proposed ordinance is pending final
action by the commission. The notice shall be published one (1) time
in each of two (2) daily newspapers which have a general circulation
in the jurisdiction of the commission.
(c) The commission shall include in the notice reference to the
subject matter of the proposed ordinance and the time and place
hearing will be held thereon and shall indicate that the proposed draft
of an ordinance is available for public inspection at the office of the
commission. The commission may include in one (1) notice a
reference to the subject matter of each draft of an ordinance which
is pending and for which notice has not been given.
(d) An ordinance shall not be invalid because the reference to the
subject matter of the draft of an ordinance was inadequate if
sufficient to advise the public of the general subject matter of the
proposed ordinance.
(e) The commission shall not later than the date of notice of the
introduction of a proposed ordinance place five (5) copies of the
proposed draft on file in the office of the commission for public
inspection.
(f) At a meeting for which notice has been given as required by
this section, the commission may take final action on the proposed
ordinance or may postpone final consideration thereof to a
designated 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 ordinance
only at a meeting which is open to the public. Before adopting an
ordinance, the commission shall give opportunity to any person
present at the meeting to give testimony, evidence or argument for or
against the proposed ordinance in person or by counsel, under such
rules as to the number of persons who may be heard and time limits
as may be adopted by the commission.
(b) When an ordinance is adopted, the commission shall at the
same meeting designate the effective date of the ordinance. If the
commission fails so to designate the effective date of the ordinance
in the record of the proceedings of the commission, the ordinance
shall 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 it
elsewhere in this chapter, the commission shall have full power and
authority to do all acts necessary or reasonably incident to carrying
out the purposes of this chapter including, but not in limitation
thereof, 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 in
accordance 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 the
same for automated transit purposes, and to receive gifts,
donations, bequests and public trusts and to agree to conditions
and terms accompanying the same and bind the district to carry
them out.
(6) To determine matters of policy regarding internal
organization and operating procedures not specifically provided
for otherwise.
(7) To accept assistance from state or federal agencies for the
purposes of this chapter.
(8) To negotiate and execute contracts required to accomplish
the purposes of this chapter.
(9) To enter into agreements with any other agency of the state
or any of its political subdivisions or any private company for
the rendition of any services, the rental or use of any equipment
or facilities or the joint purchase and use of any equipment or
facilities which are deemed proper by the contracting parties for
use in the operation, maintenance or construction of an
automated transit system.
(10) To purchase supplies, materials and equipment to carry out
the duties and functions of the commission, in accordance with
procedures adopted by the commission and in accordance with
the general law of the state.
(11) To employ such personnel as may be necessary for the
proper carrying out of the duties, functions and powers of the
commission.
(12) To sell any surplus or unneeded property in accordance
with such procedure as may be prescribed by the commission.
(13) To adopt administrative regulations to carry out its powers
and duties, governing the duties of its officers, employees and
personnel and the internal management of the affairs of the
commission.
(14) To fix the salaries or compensation of the various officers
and employees of such district except where a different
provision 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 to
establish, construct, improve, equip, maintain, control, lease and
regulate an automated transit system within the jurisdictional
limits of the district.
(17) To acquire property within the jurisdiction of the district
for the purpose of establishing parking facilities for the purpose
of increasing the usefulness of the automated transit system and
to charge a parking fee to be established by ordinance.
(18) To provide parking facilities and services related to the
provision of automated transit. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 deems
proper to recover damages for the breach of any agreement, express
or implied, relating to or growing out of the operation, control,
leasing, management, or improvement of the property under its
control, and for the penalties for the violation of any ordinances or
of any of its regulations and for injury to the personal or real
property under its control and to recover possession of any such
property. All regulations which said commission shall at any time
adopt under and in pursuance of the provisions of this chapter shall
be published for at least ten (10) days in a newspaper of general
circulation 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 eminent
domain for the purpose of carrying out this chapter and to award
damages to landowners for real estate and property rights
appropriated and taken. If the commission cannot agree with the
owners, lessees, or occupants of any real estate selected by the board
for the purpose set forth in this chapter, the board may proceed to
procure the condemnation of the property under IC 32-24.
(b) Relocation assistance under IC 8-23-17 shall be provided to
any person displaced under this section.
(c) If the property over and across which the automated transit
system must be constructed and operate is already in use or acquired
for use for a public purpose, the public use or acquisition of the
property shall not be a bar to the right of the commission to condemn
the 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 transportation
corporation, created under IC 36-9-4, the commission may enter into
an agreement with the corporation to operate and maintain the
automated 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 public
transportation 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 as
treasurer of the district; he shall give bond in such sum and with any
condition prescribed by the commission and with surety to the
approval of the commission. The treasurer shall be appointed to serve
for a term of one (1) year unless sooner removed for cause. All
money payable to the district shall be paid to the treasurer and he
shall deposit the same under the provisions of the general laws of the
state relating to the deposit of public funds by municipal
corporations. He shall keep an accurate account of all appropriations
made and all taxes levied by the district, of all money owing or due
to the district and of all money received and disbursed. He shall
preserve all vouchers for payments and disbursements made.
(b) The treasurer shall issue all warrants for the payment of
money from the funds of the district, but no warrant shall be issued
for the payment of any claim until such claim has been allowed in
accordance with the procedure prescribed by the regulations of the
commission. All warrants shall be countersigned by the president.
Whenever the treasurer is called upon to issue any warrant, he shall
have the power to require evidence that the amount claimed is justly
due and in conformity with law and for that purpose may summon
before him any officer, agent or employee of the district, or other
person, 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 the
accounts, exhibiting the revenues, receipts and disbursements and the
sources from which the 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 8-9.5-7-13 Audit of records of account
Sec. 13. The treasurer shall annually, and more often if required
by the commission, submit his records of account as treasurer of the
district to such person or firm, being a certified public accountant or
firm of certified public accountants, as designated or selected by the
commission, for audit. Such person or firm shall prepare and submit
a certified report of such records of accounts to the board exhibiting
the revenues, receipts and disbursements and the sources from which
the 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 the
operation 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 preliminary
proceedings and provide funds for the payment of expenses prior to
the issuance of bonds, the commission may by resolution authorize
the making of loans. Such loans shall be evidenced by callable
warrants payable out of the proceeds of bonds, when available. The
same shall be sold at public sale pursuant to notice given in
accordance with IC 5-3-1. Such warrants shall be sold to the bidder
offering to purchase said warrants at the lowest actual interest cost
to the district, and shall be executed in the name of the district by the
president or vice president of the commission.
(b) Any city, town, township, or county, any part of the territory
of which is included within said district, shall have authority to
advance funds to the district upon being authorized so to do by its
fiscal 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 resolution
or 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 of
acquisition of property or the cost of construction or installation of
an automated transit system, or both, and in anticipation of the
receipt of revenues under sections 17 and 18 of this chapter, the
commission may by resolution direct that bonds be issued in the
name of the district. The amount of such bonds shall not exceed:
(1) the total cost of property to be acquired and the total amount
of damages to be awarded on account of property injuriously
affected but not acquired;
(2) the price of the automated transit system;
(3) an amount sufficient to pay the cost of supervision and
inspection during the period of construction;
(4) all general, administrative, legal, engineering and incidental
expense not otherwise provided for and incurred on account of
or in connection with the establishment of the district, the
administration of its affairs, the acquisition of property, and the
construction 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 any
outstanding warrants issued for the purpose of obtaining funds with
which to meet expenses prior to the issuance of bonds. Such bonds
shall not, in any respect, be a corporate obligation or indebtedness of
the city, the territory of which shall be included in whole or in part
in said district, but shall be and constitute an indebtedness of the
district, and shall be payable solely out of the funds of said district.
The bonds shall recite such terms upon their face, together with the
purpose 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 additional
works in conjunction with or separate and apart from the original
works, in order to protect the district properly, and that the cost
thereof will be in excess of the amount then available out of current
maintenance and repair funds, the commission may issue bonds
under the provisions of this section for that purpose.
(c) In the event the district shall be unable to pay any bonds or the
interest thereon at the times fixed therefor, by reason of insufficiency
of funds or other causes, refunding bonds may be issued and sold
pursuant to the provisions of this section to obtain money for that
purpose, and such refunding bonds shall be payable within such
period, not exceeding ten (10) years, as the commission shall
determine.
(d) All bonds issued hereunder, together with the interest thereon,
shall be exempt from taxation. No suit to question the validity of any
of the bonds issued under this chapter, or to prevent their issuance,
shall be instituted after the time fixed in the bond sale notice for the
receiving of bids thereon, and all of said bonds from and after said
time shall be incontestable for any cause whatsoever.
(e) All proceeds from the sale of such bonds shall be kept by the
county treasurer as a separate and specific fund designated as the
"________ Automated Transit District Construction Fund." Out of
said 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 any
surplus of funds remaining out of the proceeds of said bonds after all
of said construction costs are paid shall become available for use by
the 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 benefits
and damages to property within the automated transit district. For the
purpose of providing all or part of the cost of payment of principal
and interest on bonded indebtedness, and expenses of planning,
construction, operation, maintenance, and repair of the automated
transit system and related parking facilities and services after the
completion of the same, including as a part of such cost the general
expenses of the commission, the commission may make an annual
assessment of benefits and damages. The assessment shall be against
the site value of the lands only.
(b) The commission shall annually prepare a schedule which
describes each tract of land in the district that it determines to be
benefited by the automated transit system, and states the percentage
of the total benefit that is received by each tract of land. In order to
prepare this schedule, the commission shall appoint three (3)
disinterested persons, who are licensed real estate brokers or
appraisers licensed under IC 25-34.1 who are residents of Indiana, as
appraisers to make an examination of the property within the
improvement district. One (1) of the persons appointed under this
subsection must reside not more than fifty (50) miles from the
property. Upon request from the appraisers, the commission may
retain or employ qualified personnel to render any necessary
technical or consulting assistance, and may supply the appraisers
with any information available or obtainable which will assist in
making the assessment. Upon such examination, such appraisers
shall make an assessment of all special benefits and damages, if any,
which will accrue from the construction and operation of the
automated transit system, as to each parcel of real estate. All
property within the district (or owned or operated by the district),
except common green areas, shall be conclusively presumed to be
benefited by the existence of the district to the extent determined
under this section as its assessed benefit. A copy of the roll of all
owners of real estate, signed by all three (3) appraisers, showing the
assessment of benefits and damages, if any, shall be filed by the
appraisers with the commission not less than thirty (30) days after
their appointment, unless the commission shall extend the time.
(c) Promptly after the filing of an assessment, the commission
shall cause a notice to be mailed, by United States mail, first class
postage prepaid, to each owner of real estate to be assessed. The
notices shall be deposited in the mail twenty-one (21) days before the
hearing date, shall set forth the amount of the proposed assessment,
shall state that the proposed assessments on each parcel of real estate
in the district are on file and can be seen in the office of the
commission, and shall set forth the date when the commission will,
at its office, receive written remonstrances against the assessment on
the parcel and hear all owners of real estate assessed who have filed
written remonstrances prior to the date fixed for the hearing. It shall
be sufficient if the notices to the owners are addressed as the names
and addresses appear upon the tax duplicates in the records of the
county auditor.
(d) At the time so fixed in such notice, the commission shall hear
all owners of real estate assessed who have filed written
remonstrances prior to the date of the hearing. The hearing may be
continued from time to time as long as may be necessary to hear such
owners.
(e) The commission shall complete such assessment roll by
rendering its decision by increasing, or decreasing, or by confirming
each assessment by setting opposite each name, parcel and
appraisers' assessment, the amount of the assessment as determined
by the commission. If the total of the assessments exceeds the
amount needed, the commission shall further make pro rata reduction
in each assessment. The signing of such roll by a majority of the
commission members, and the delivery thereof to the fiscal officer
of the city shall constitute a final and conclusive determination of the
benefits or damages, if any, assessed. However, any owner who had
previously filed a written remonstrance as provided in this section
with the board or any owner whose assessment was increased above
the amount fixed by the appraisers, whether he filed such a written
remonstrance or not, may appeal. Such appeal shall be taken as
provided in IC 34-13-6, and shall proceed to trial, hearing, and final
judgment in the manner and with the effect as provided in IC 34-13-6
as to all parties.
(f) If the final determination of the commission results in the total
funds being inadequate to cover the cost of the improvement, the
deficiency may be supplied by other sources as provided in this
chapter.
(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 auditor
the schedule of assessment of benefits. The county auditor shall enter
the assessment of benefits on the tax duplicates, and the county
treasurer shall collect and enforce the amount of the assessed benefit
in the same manner as property taxes are entered, collected, and
enforced.
(i) The county treasurer charged with the duty of collecting such
taxes shall, between the first and tenth days of each month, notify the
commission of the amount of such special taxes collected during the
preceding month, and upon the date of notification above referred to
such county treasurer shall credit the amount so collected to a fund
of such district to be designated as the "____________________
Automated Transit District Fund", and such fund shall be used and
expended for no other purpose than as stated in this section. The
commission shall have full, complete, and exclusive authority to
expend for and on behalf of the district all sums of money thus
realized. The commission may, by resolution, authorize and make
temporary loans in anticipation of the collection of the special
benefit taxes actually levied and in the course of collection under this
section, which loans shall mature and be paid within the year in
which made, and shall bear interest payable at the maturity of the
loan. Such temporary loans shall be evidenced by warrants. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 increased
property 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 automated
transit district, any property taxes levied on the property
geographically within the automated transit district, by another
political subdivision, shall be divided each year as follows:
(1) That portion of the taxes which are produced by the rate at
which the tax is levied by or for each of the political
subdivisions upon the total sum of the assessed value of the
taxable property in the district, as that assessed value stands on
the date of the establishment of the automated transit district, is
allocated to the respective political subdivisions for their usual
purposes.
(2) Twenty-five percent (25%) of that portion of the property
taxes collected each year in excess of the amount referred to in
subdivision (1) is allocated to the respective taxing agencies for
their usual purposes in proportion to the tax rate of each taxing
agency.
(3) Seventy-five percent (75%) of that portion of the property
taxes collected each year in excess of the amount referred to in
subdivision (1) is allocated to, and when collected shall be paid
into a special fund of the automated transit district to pay the
principal 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 has
been paid in full, all money thereafter received from property
taxes upon the taxable property in the district shall be paid
solely into the funds of the respective political subdivisions.
(4) That portion of the taxes referred to in subdivision (3), and
the special fund into which they shall be paid, may be
irrevocably pledged by the automated transit district for the
payment of the principal and interest on loans or for repayment
of advances or indebtedness, of the district. As added by Acts 1982, P.L.77, SEC.1.
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 five
thousand (105,000) but less than one hundred twenty thousand
(120,000);
may create, by an ordinance adopted by its legislative body, an
automated transit district. The ordinance creating an automated
transit district must specify the territory to be included initially in the
district.
(b) An automated transit district may also be created by the
procedures 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 dissolved
districts
Sec. 1.1. (a) An automated transit district may be dissolved by an
ordinance adopted by the legislative body on a date that is at least
three (3) years later than the date the ordinance was adopted.
(b) An automated transit district may dissolve itself by resolution
on a date that is at least two (2) years later than the date of adoption
of the resolution creating the district.
(c) A dissolution of a district under this section requires the city
to 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), who
are the owners of fifteen (15) separate parcels of real estate in the
same city may associate themselves together by written articles of
association signed and acknowledged by each person, specifying:
(1) the name of the association;
(2) the purposes of the association, which shall be limited to the
accomplishment of automated transit objectives authorized
under this chapter;
(3) the names and addresses of the initial members;
(4) the principal office of the association and the name of the
agent 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, if
any;
(8) the area affected by any proposed automated transit system
falling within the objects of the association; and
(9) such other provisions as the initial members may deem
desirable, not inconsistent with the provisions of this chapter.
(b) A copy of the articles of association, signed and acknowledged
by all of the initial members, shall be filed with the board of public
works or board of transportation of the city in which the area affected
is located, and another copy shall be recorded in the office of the
recorder of the county within which such area is located.
(c) Such association shall be a not-for-profit body corporate and
by its name shall have power to contract, hold, convey and transfer
property, sue and be sued.
(d) Within ninety (90) days after the filing and recording of such
articles of association, a meeting of all owners of real estate in the
area described in the articles of association shall be held for the
purpose of electing directors of the association. Notice of such
meeting shall be mailed, first class postage prepaid, not less than
twenty (20) days prior to the meeting to all owners of real estate in
the area described in the articles of association. Such notice shall be
sufficient if it sets forth the time and place of the meeting, the
purpose of the meeting, and a general description of the nature and
object of the association, together with the amount of the
membership fee, if any, and the annual dues, if any. The notice shall
also state that any owner of real estate may become a member and be
eligible to vote in such meeting, either in person or by a duly
authorized agent or attorney, upon the signing of a counterpart of the
articles of association at any time prior to the commencement of the
meeting and upon payment of the membership fee, if any, and the
dues for the first year, if any. It shall be sufficient if the notice is
addressed, and mailed, to all owners of real estate as their addresses
appear upon the tax duplicates in the records of the county auditor.
(e) All directors elected shall be owners of real estate in the area
affected and members of the association, and shall serve until the
next annual meeting and until their successors are elected and
qualified. The directors shall approve bylaws which may be amended
from time to time and which may provide for officers of the
association to be elected annually by the directors, and such other
provisions as may be desirable for the conduct of the affairs of the
association.
(f) The articles of association may be amended from time to time
upon recommendations of the directors, and the approval of
two-thirds (2/3) of all members of the association at a meeting called
for the purpose. Any amended articles shall be signed and
acknowledged by a majority of the directors. A copy of all
amendments shall be filed with the board of public works or board
of transportation and recorded in the office of the county recorder.
(g) At all times during regular business hours a counterpart of the
articles of association, with all amendments, if any, shall be available
at the office of the agent of the association for signature by any
owner who may desire to become a member by signature of such
counterpart and the payment of the membership fee, if any, and the
annual 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 been
formed under section 2 of this chapter owners of twenty-five percent
(25%) of the parcels of real estate in any proposed automated transit
district, may file a petition with the board of public works or board
of transportation. A petition of an association shall be signed by a
majority of its directors. A petition shall be sufficient if it sets forth:
(1) the boundaries of the proposed automated transit district
which shall include all property which petitioners believe will
be specially benefited or damaged by the proposed automated
transit system;
(2) the location and a general description of the proposed
automated 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 names
and addresses of all owners within the boundaries of the
proposed district, as the same appear upon the tax duplicates in
the records of the auditor of the county.
(b) The board of public works or board of transportation, upon the
filing of such petition, shall fix a date for a hearing on the
establishment of the proposed district. The association or petitioners,
as the case may be, shall cause a notice to be mailed, at least
twenty-one (21) days prior to the date fixed for hearing, by United
States mail, first class postage prepaid, to all owners of real estate
within the proposed district. It shall be sufficient if the notices to the
owners are addressed as the names and addresses appear upon the tax
duplicates in the records of the county auditor. Also, the association
or petitioners shall cause a notice of the hearing and the date, place
and hour thereof, to be published in accordance with IC 5-3-1.
(c) The notice to be published and mailed shall also contain a
general description of the contents of the petition, specifically setting
forth the boundaries of the proposed district, and shall state that all
of the property in the proposed district will be assessed benefits or
damages under this chapter for the proposed automated transit
system, and that at the hearing all owners of real estate within the
proposed district, or their representatives, may be heard upon the
question of the establishment of the district. Proof of service shall be
made by affidavit of the person, or persons, causing such service to
be made.
(d) On the date fixed for hearing the board of public works or
board of transportation shall hear all owners in the proposed district,
who appear and request to be heard, upon the question of the
sufficiency of the petition and notice, whether the proposed
automated transit system is of public utility and benefit, whether all
of the probable benefits of the proposed improvement will be equal
to or exceed the estimated cost thereof, and whether the district
contains all, or more or less than all, of the property specially
benefited or damaged by the proposed system. After the hearing,
which may be adjourned from time to time without further notice, the
board of public works or board of transportation shall adopt a
resolution 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 public
utility and benefit.
(4) Whether all of the probable benefits of the proposed system
will 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 or
damaged by the proposed system.
(e) If the board of public works or board of transportation resolves
affirmatively on the first four (4) questions and determines that the
proposed district contains all of the property specially benefited or
damaged, then it shall establish the district with the boundaries
described in such petition. If it resolves negatively on any of the first
four (4) questions, it may allow amendments, the issuance of
additional notice, and hold such further proceedings as it deems
proper, or the petition may be dismissed without prejudice to the
right to file a new petition.
(f) In the event the board of public works or board of
transportation determines that property not specially benefited or
damaged has been included within boundaries described in the
petition, then it shall redefine the boundaries of the district and in its
resolution include only that property within the petition which is
specially benefited or damaged and shall establish the district with
the boundaries as redefined.
(g) In the event the board of public works or board of
transportation determines that either:
(1) all of the property specially benefited or damaged has not
been included within the boundaries described in the petition;
or
(2) all of the property specially benefited or damaged has not
been included within the boundaries described in the petition
and some property has been included which is not specially
benefited or damaged;
then in either event it shall fix a date for a further hearing. Notice
shall be given of the further hearing, describing the proposed revised
boundaries as provided in this section, except that notice by mail
shall be given only to the owners in any area proposed to be added
to the district which was not included in the initial petition. At such
further hearing all owners of real estate or their representatives
within the proposed district boundaries, as revised shall be entitled
to be heard, and the board of public works or board of transportation
shall then adopt its resolution on establishment of the automated
transit district.
(h) Any resolution entered establishing an automated transit
district shall also recite that all property within the district will be
subject to assessment of special benefits and damages in the manner
provided in this chapter.
(i) The resolution shall be deemed notice to all owners who have
appeared, or who have been notified of the proceedings, as provided
in this section, that their property will be subject to an assessment of
special benefits and damages as provided in this chapter and that no
further notice of such assessments, or of the hearing thereon, shall be
required except the notice by publication provided for in this chapter.
(j) The resolution of the board of public works or board of
transportation that establishes the automated transit district must be
approved by the legislative body of the city. Thereafter, the
resolution shall be final and conclusive and no attack may be made
challenging the resolution on the establishment of the automated
transit district, the validity of the petition, the sufficiency of notice,
the existence of the automated transit district, the public utility and
benefit of the proposed automated transit system, that the benefits
equal or exceed the estimated cost, the boundaries of the district, or
any other matters before the board of public works or board of
transportation, unless an appeal is taken as provided in this section.
(k) A copy of the resolution establishing an automated transit
district, certified by the clerk, shall be recorded in the miscellaneous
records in the office of the recorder of the county in which the city
is located.
(l) Any party aggrieved by a resolution made under the provisions
of this section may appeal. Such appeal shall be taken as provided in
IC 34-13-6. However, in the event that fifty-one percent (51%) of the
owners of property located in such automated transit district
remonstrate by petition to the board of public works or board of
transportation, signatures on such petition shall be verified by the
auditor of such county, and if found to be valid shall cause further
actions 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 be
governed by and under control of a commission having five (5)
members, two (2) of whom shall be appointed by the executive of the
city, 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 of
public works or department of transportation. The term of office for
a commission member for a district created by the legislative body
is one (1) year after the member's appointment, except that the
member 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 the
commission under the bylaws of the commission for a term of one
(1) year. Each member, otherwise qualified, is eligible for
reappointment to successive terms.
(b) The commission members shall not receive a salary for
serving but shall receive a per diem payment and expenses similar to
those paid members of other special taxing district boards.
(c) The commission shall elect, at its first regular meeting and
annually thereafter, one (1) of its members president, and another of
its members vice president, who shall perform the duties of the
president during the absence or disability of the president. Such
commission shall have a suitable office where its maps, plans,
documents, records and accounts shall be kept, subject to public
inspection at all reasonable times.
(d) The commission shall by rule provide for regular meetings to
be 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 such
a meeting is called. The chairman or a majority of the members of
the commission may call a special meeting. The commission shall
establish a procedure for calling special meetings.
(f) Three (3) members of the commission constitute a quorum for
a meeting. The commission may act officially by an affirmative vote
of a majority of those present at the meeting at which the action is
taken.
(g) The commission shall cause a written record of its proceedings
to be kept which shall be available for public inspection in the office
of the commission. The commission shall record in the record the aye
and nay vote on the passage of each item of business.
(h) The commission shall adopt bylaws under which its meetings
are to be held. The bylaws must provide that the vote of each
member shall be in the same proportion that the assessed value of all
of the members' land sites are to the assessed value of all the land
sites within the district. The commission may suspend the bylaws by
unanimous vote of the members of the commission who are present
at the meeting. The commission shall not suspend the bylaws beyond
the duration of the meeting at which the suspension of rules occurs.
(i) The commission may exercise the powers to supervise its
internal affairs which are common to municipal legislative and
administrative bodies. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 a
proposed draft of an ordinance at a meeting of the commission. A
person who introduces a proposed draft of an ordinance shall provide
at the time of introduction a written copy of the proposed draft. The
commission 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 a
proposed draft of an ordinance nor less than seven (7) days before
the final passage of a proposed draft of an ordinance, the commission
shall publish a notice that the proposed ordinance is pending final
action by the commission. The notice shall be published one (1) time
in each of two (2) daily newspapers which have a general circulation
in the jurisdiction of the commission.
(c) The commission shall include in the notice reference to the
subject matter of the proposed ordinance and the time and place
hearing will be held thereon and shall indicate that the proposed draft
of an ordinance is available for public inspection at the office of the
commission. The commission may include in one (1) notice a
reference to the subject matter of each draft of an ordinance which
is pending and for which notice has not been given.
(d) An ordinance shall not be invalid because the reference to the
subject matter of the draft of an ordinance was inadequate if
sufficient to advise the public of the general subject matter of the
proposed ordinance.
(e) The commission shall not later than the date of notice of the
introduction of a proposed ordinance place five (5) copies of the
proposed draft on file in the office of the commission for public
inspection.
(f) At a meeting for which notice has been given as required by
this section, the commission may take final action on the proposed
ordinance or may postpone final consideration thereof to a
designated 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 ordinance
only at a meeting which is open to the public. Before adopting an
ordinance, the commission shall give opportunity to any person
present at the meeting to give testimony, evidence or argument for or
against the proposed ordinance in person or by counsel, under such
rules as to the number of persons who may be heard and time limits
as may be adopted by the commission.
(b) When an ordinance is adopted, the commission shall at the
same meeting designate the effective date of the ordinance. If the
commission fails so to designate the effective date of the ordinance
in the record of the proceedings of the commission, the ordinance
shall 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 it
elsewhere in this chapter, the commission shall have full power and
authority to do all acts necessary or reasonably incident to carrying
out the purposes of this chapter including, but not in limitation
thereof, 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 in
accordance 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 the
same for automated transit purposes, and to receive gifts,
donations, bequests and public trusts and to agree to conditions
and terms accompanying the same and bind the district to carry
them out.
(6) To determine matters of policy regarding internal
organization and operating procedures not specifically provided
for otherwise.
(7) To accept assistance from state or federal agencies for the
purposes of this chapter.
(8) To negotiate and execute contracts required to accomplish
the purposes of this chapter.
(9) To enter into agreements with any other agency of the state
or any of its political subdivisions or any private company for
the rendition of any services, the rental or use of any equipment
or facilities or the joint purchase and use of any equipment or
facilities which are deemed proper by the contracting parties for
use in the operation, maintenance or construction of an
automated transit system.
(10) To purchase supplies, materials and equipment to carry out
the duties and functions of the commission, in accordance with
procedures adopted by the commission and in accordance with
the general law of the state.
(11) To employ such personnel as may be necessary for the
proper carrying out of the duties, functions and powers of the
commission.
(12) To sell any surplus or unneeded property in accordance
with such procedure as may be prescribed by the commission.
(13) To adopt administrative regulations to carry out its powers
and duties, governing the duties of its officers, employees and
personnel and the internal management of the affairs of the
commission.
(14) To fix the salaries or compensation of the various officers
and employees of such district except where a different
provision 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 to
establish, construct, improve, equip, maintain, control, lease and
regulate an automated transit system within the jurisdictional
limits of the district.
(17) To acquire property within the jurisdiction of the district
for the purpose of establishing parking facilities for the purpose
of increasing the usefulness of the automated transit system and
to charge a parking fee to be established by ordinance.
(18) To provide parking facilities and services related to the
provision of automated transit. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 deems
proper to recover damages for the breach of any agreement, express
or implied, relating to or growing out of the operation, control,
leasing, management, or improvement of the property under its
control, and for the penalties for the violation of any ordinances or
of any of its regulations and for injury to the personal or real
property under its control and to recover possession of any such
property. All regulations which said commission shall at any time
adopt under and in pursuance of the provisions of this chapter shall
be published for at least ten (10) days in a newspaper of general
circulation 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 eminent
domain for the purpose of carrying out this chapter and to award
damages to landowners for real estate and property rights
appropriated and taken. If the commission cannot agree with the
owners, lessees, or occupants of any real estate selected by the board
for the purpose set forth in this chapter, the board may proceed to
procure the condemnation of the property under IC 32-24.
(b) Relocation assistance under IC 8-23-17 shall be provided to
any person displaced under this section.
(c) If the property over and across which the automated transit
system must be constructed and operate is already in use or acquired
for use for a public purpose, the public use or acquisition of the
property shall not be a bar to the right of the commission to condemn
the 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 transportation
corporation, created under IC 36-9-4, the commission may enter into
an agreement with the corporation to operate and maintain the
automated 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 public
transportation 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 as
treasurer of the district; he shall give bond in such sum and with any
condition prescribed by the commission and with surety to the
approval of the commission. The treasurer shall be appointed to serve
for a term of one (1) year unless sooner removed for cause. All
money payable to the district shall be paid to the treasurer and he
shall deposit the same under the provisions of the general laws of the
state relating to the deposit of public funds by municipal
corporations. He shall keep an accurate account of all appropriations
made and all taxes levied by the district, of all money owing or due
to the district and of all money received and disbursed. He shall
preserve all vouchers for payments and disbursements made.
(b) The treasurer shall issue all warrants for the payment of
money from the funds of the district, but no warrant shall be issued
for the payment of any claim until such claim has been allowed in
accordance with the procedure prescribed by the regulations of the
commission. All warrants shall be countersigned by the president.
Whenever the treasurer is called upon to issue any warrant, he shall
have the power to require evidence that the amount claimed is justly
due and in conformity with law and for that purpose may summon
before him any officer, agent or employee of the district, or other
person, 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 the
accounts, exhibiting the revenues, receipts and disbursements and the
sources from which the 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 8-9.5-7-13 Audit of records of account
Sec. 13. The treasurer shall annually, and more often if required
by the commission, submit his records of account as treasurer of the
district to such person or firm, being a certified public accountant or
firm of certified public accountants, as designated or selected by the
commission, for audit. Such person or firm shall prepare and submit
a certified report of such records of accounts to the board exhibiting
the revenues, receipts and disbursements and the sources from which
the 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 the
operation 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 preliminary
proceedings and provide funds for the payment of expenses prior to
the issuance of bonds, the commission may by resolution authorize
the making of loans. Such loans shall be evidenced by callable
warrants payable out of the proceeds of bonds, when available. The
same shall be sold at public sale pursuant to notice given in
accordance with IC 5-3-1. Such warrants shall be sold to the bidder
offering to purchase said warrants at the lowest actual interest cost
to the district, and shall be executed in the name of the district by the
president or vice president of the commission.
(b) Any city, town, township, or county, any part of the territory
of which is included within said district, shall have authority to
advance funds to the district upon being authorized so to do by its
fiscal 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 resolution
or 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 of
acquisition of property or the cost of construction or installation of
an automated transit system, or both, and in anticipation of the
receipt of revenues under sections 17 and 18 of this chapter, the
commission may by resolution direct that bonds be issued in the
name of the district. The amount of such bonds shall not exceed:
(1) the total cost of property to be acquired and the total amount
of damages to be awarded on account of property injuriously
affected but not acquired;
(2) the price of the automated transit system;
(3) an amount sufficient to pay the cost of supervision and
inspection during the period of construction;
(4) all general, administrative, legal, engineering and incidental
expense not otherwise provided for and incurred on account of
or in connection with the establishment of the district, the
administration of its affairs, the acquisition of property, and the
construction 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 any
outstanding warrants issued for the purpose of obtaining funds with
which to meet expenses prior to the issuance of bonds. Such bonds
shall not, in any respect, be a corporate obligation or indebtedness of
the city, the territory of which shall be included in whole or in part
in said district, but shall be and constitute an indebtedness of the
district, and shall be payable solely out of the funds of said district.
The bonds shall recite such terms upon their face, together with the
purpose 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 additional
works in conjunction with or separate and apart from the original
works, in order to protect the district properly, and that the cost
thereof will be in excess of the amount then available out of current
maintenance and repair funds, the commission may issue bonds
under the provisions of this section for that purpose.
(c) In the event the district shall be unable to pay any bonds or the
interest thereon at the times fixed therefor, by reason of insufficiency
of funds or other causes, refunding bonds may be issued and sold
pursuant to the provisions of this section to obtain money for that
purpose, and such refunding bonds shall be payable within such
period, not exceeding ten (10) years, as the commission shall
determine.
(d) All bonds issued hereunder, together with the interest thereon,
shall be exempt from taxation. No suit to question the validity of any
of the bonds issued under this chapter, or to prevent their issuance,
shall be instituted after the time fixed in the bond sale notice for the
receiving of bids thereon, and all of said bonds from and after said
time shall be incontestable for any cause whatsoever.
(e) All proceeds from the sale of such bonds shall be kept by the
county treasurer as a separate and specific fund designated as the
"________ Automated Transit District Construction Fund." Out of
said 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 any
surplus of funds remaining out of the proceeds of said bonds after all
of said construction costs are paid shall become available for use by
the 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 benefits
and damages to property within the automated transit district. For the
purpose of providing all or part of the cost of payment of principal
and interest on bonded indebtedness, and expenses of planning,
construction, operation, maintenance, and repair of the automated
transit system and related parking facilities and services after the
completion of the same, including as a part of such cost the general
expenses of the commission, the commission may make an annual
assessment of benefits and damages. The assessment shall be against
the site value of the lands only.
(b) The commission shall annually prepare a schedule which
describes each tract of land in the district that it determines to be
benefited by the automated transit system, and states the percentage
of the total benefit that is received by each tract of land. In order to
prepare this schedule, the commission shall appoint three (3)
disinterested persons, who are licensed real estate brokers or
appraisers licensed under IC 25-34.1 who are residents of Indiana, as
appraisers to make an examination of the property within the
improvement district. One (1) of the persons appointed under this
subsection must reside not more than fifty (50) miles from the
property. Upon request from the appraisers, the commission may
retain or employ qualified personnel to render any necessary
technical or consulting assistance, and may supply the appraisers
with any information available or obtainable which will assist in
making the assessment. Upon such examination, such appraisers
shall make an assessment of all special benefits and damages, if any,
which will accrue from the construction and operation of the
automated transit system, as to each parcel of real estate. All
property within the district (or owned or operated by the district),
except common green areas, shall be conclusively presumed to be
benefited by the existence of the district to the extent determined
under this section as its assessed benefit. A copy of the roll of all
owners of real estate, signed by all three (3) appraisers, showing the
assessment of benefits and damages, if any, shall be filed by the
appraisers with the commission not less than thirty (30) days after
their appointment, unless the commission shall extend the time.
(c) Promptly after the filing of an assessment, the commission
shall cause a notice to be mailed, by United States mail, first class
postage prepaid, to each owner of real estate to be assessed. The
notices shall be deposited in the mail twenty-one (21) days before the
hearing date, shall set forth the amount of the proposed assessment,
shall state that the proposed assessments on each parcel of real estate
in the district are on file and can be seen in the office of the
commission, and shall set forth the date when the commission will,
at its office, receive written remonstrances against the assessment on
the parcel and hear all owners of real estate assessed who have filed
written remonstrances prior to the date fixed for the hearing. It shall
be sufficient if the notices to the owners are addressed as the names
and addresses appear upon the tax duplicates in the records of the
county auditor.
(d) At the time so fixed in such notice, the commission shall hear
all owners of real estate assessed who have filed written
remonstrances prior to the date of the hearing. The hearing may be
continued from time to time as long as may be necessary to hear such
owners.
(e) The commission shall complete such assessment roll by
rendering its decision by increasing, or decreasing, or by confirming
each assessment by setting opposite each name, parcel and
appraisers' assessment, the amount of the assessment as determined
by the commission. If the total of the assessments exceeds the
amount needed, the commission shall further make pro rata reduction
in each assessment. The signing of such roll by a majority of the
commission members, and the delivery thereof to the fiscal officer
of the city shall constitute a final and conclusive determination of the
benefits or damages, if any, assessed. However, any owner who had
previously filed a written remonstrance as provided in this section
with the board or any owner whose assessment was increased above
the amount fixed by the appraisers, whether he filed such a written
remonstrance or not, may appeal. Such appeal shall be taken as
provided in IC 34-13-6, and shall proceed to trial, hearing, and final
judgment in the manner and with the effect as provided in IC 34-13-6
as to all parties.
(f) If the final determination of the commission results in the total
funds being inadequate to cover the cost of the improvement, the
deficiency may be supplied by other sources as provided in this
chapter.
(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 auditor
the schedule of assessment of benefits. The county auditor shall enter
the assessment of benefits on the tax duplicates, and the county
treasurer shall collect and enforce the amount of the assessed benefit
in the same manner as property taxes are entered, collected, and
enforced.
(i) The county treasurer charged with the duty of collecting such
taxes shall, between the first and tenth days of each month, notify the
commission of the amount of such special taxes collected during the
preceding month, and upon the date of notification above referred to
such county treasurer shall credit the amount so collected to a fund
of such district to be designated as the "____________________
Automated Transit District Fund", and such fund shall be used and
expended for no other purpose than as stated in this section. The
commission shall have full, complete, and exclusive authority to
expend for and on behalf of the district all sums of money thus
realized. The commission may, by resolution, authorize and make
temporary loans in anticipation of the collection of the special
benefit taxes actually levied and in the course of collection under this
section, which loans shall mature and be paid within the year in
which made, and shall bear interest payable at the maturity of the
loan. Such temporary loans shall be evidenced by warrants. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 increased
property 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 automated
transit district, any property taxes levied on the property
geographically within the automated transit district, by another
political subdivision, shall be divided each year as follows:
(1) That portion of the taxes which are produced by the rate at
which the tax is levied by or for each of the political
subdivisions upon the total sum of the assessed value of the
taxable property in the district, as that assessed value stands on
the date of the establishment of the automated transit district, is
allocated to the respective political subdivisions for their usual
purposes.
(2) Twenty-five percent (25%) of that portion of the property
taxes collected each year in excess of the amount referred to in
subdivision (1) is allocated to the respective taxing agencies for
their usual purposes in proportion to the tax rate of each taxing
agency.
(3) Seventy-five percent (75%) of that portion of the property
taxes collected each year in excess of the amount referred to in
subdivision (1) is allocated to, and when collected shall be paid
into a special fund of the automated transit district to pay the
principal 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 has
been paid in full, all money thereafter received from property
taxes upon the taxable property in the district shall be paid
solely into the funds of the respective political subdivisions.
(4) That portion of the taxes referred to in subdivision (3), and
the special fund into which they shall be paid, may be
irrevocably pledged by the automated transit district for the
payment of the principal and interest on loans or for repayment
of advances or indebtedness, of the district. As added by Acts 1982, P.L.77, SEC.1.
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 five
thousand (105,000) but less than one hundred twenty thousand
(120,000);
may create, by an ordinance adopted by its legislative body, an
automated transit district. The ordinance creating an automated
transit district must specify the territory to be included initially in the
district.
(b) An automated transit district may also be created by the
procedures 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 dissolved
districts
Sec. 1.1. (a) An automated transit district may be dissolved by an
ordinance adopted by the legislative body on a date that is at least
three (3) years later than the date the ordinance was adopted.
(b) An automated transit district may dissolve itself by resolution
on a date that is at least two (2) years later than the date of adoption
of the resolution creating the district.
(c) A dissolution of a district under this section requires the city
to 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), who
are the owners of fifteen (15) separate parcels of real estate in the
same city may associate themselves together by written articles of
association signed and acknowledged by each person, specifying:
(1) the name of the association;
(2) the purposes of the association, which shall be limited to the
accomplishment of automated transit objectives authorized
under this chapter;
(3) the names and addresses of the initial members;
(4) the principal office of the association and the name of the
agent 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, if
any;
(8) the area affected by any proposed automated transit system
falling within the objects of the association; and
(9) such other provisions as the initial members may deem
desirable, not inconsistent with the provisions of this chapter.
(b) A copy of the articles of association, signed and acknowledged
by all of the initial members, shall be filed with the board of public
works or board of transportation of the city in which the area affected
is located, and another copy shall be recorded in the office of the
recorder of the county within which such area is located.
(c) Such association shall be a not-for-profit body corporate and
by its name shall have power to contract, hold, convey and transfer
property, sue and be sued.
(d) Within ninety (90) days after the filing and recording of such
articles of association, a meeting of all owners of real estate in the
area described in the articles of association shall be held for the
purpose of electing directors of the association. Notice of such
meeting shall be mailed, first class postage prepaid, not less than
twenty (20) days prior to the meeting to all owners of real estate in
the area described in the articles of association. Such notice shall be
sufficient if it sets forth the time and place of the meeting, the
purpose of the meeting, and a general description of the nature and
object of the association, together with the amount of the
membership fee, if any, and the annual dues, if any. The notice shall
also state that any owner of real estate may become a member and be
eligible to vote in such meeting, either in person or by a duly
authorized agent or attorney, upon the signing of a counterpart of the
articles of association at any time prior to the commencement of the
meeting and upon payment of the membership fee, if any, and the
dues for the first year, if any. It shall be sufficient if the notice is
addressed, and mailed, to all owners of real estate as their addresses
appear upon the tax duplicates in the records of the county auditor.
(e) All directors elected shall be owners of real estate in the area
affected and members of the association, and shall serve until the
next annual meeting and until their successors are elected and
qualified. The directors shall approve bylaws which may be amended
from time to time and which may provide for officers of the
association to be elected annually by the directors, and such other
provisions as may be desirable for the conduct of the affairs of the
association.
(f) The articles of association may be amended from time to time
upon recommendations of the directors, and the approval of
two-thirds (2/3) of all members of the association at a meeting called
for the purpose. Any amended articles shall be signed and
acknowledged by a majority of the directors. A copy of all
amendments shall be filed with the board of public works or board
of transportation and recorded in the office of the county recorder.
(g) At all times during regular business hours a counterpart of the
articles of association, with all amendments, if any, shall be available
at the office of the agent of the association for signature by any
owner who may desire to become a member by signature of such
counterpart and the payment of the membership fee, if any, and the
annual 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 been
formed under section 2 of this chapter owners of twenty-five percent
(25%) of the parcels of real estate in any proposed automated transit
district, may file a petition with the board of public works or board
of transportation. A petition of an association shall be signed by a
majority of its directors. A petition shall be sufficient if it sets forth:
(1) the boundaries of the proposed automated transit district
which shall include all property which petitioners believe will
be specially benefited or damaged by the proposed automated
transit system;
(2) the location and a general description of the proposed
automated 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 names
and addresses of all owners within the boundaries of the
proposed district, as the same appear upon the tax duplicates in
the records of the auditor of the county.
(b) The board of public works or board of transportation, upon the
filing of such petition, shall fix a date for a hearing on the
establishment of the proposed district. The association or petitioners,
as the case may be, shall cause a notice to be mailed, at least
twenty-one (21) days prior to the date fixed for hearing, by United
States mail, first class postage prepaid, to all owners of real estate
within the proposed district. It shall be sufficient if the notices to the
owners are addressed as the names and addresses appear upon the tax
duplicates in the records of the county auditor. Also, the association
or petitioners shall cause a notice of the hearing and the date, place
and hour thereof, to be published in accordance with IC 5-3-1.
(c) The notice to be published and mailed shall also contain a
general description of the contents of the petition, specifically setting
forth the boundaries of the proposed district, and shall state that all
of the property in the proposed district will be assessed benefits or
damages under this chapter for the proposed automated transit
system, and that at the hearing all owners of real estate within the
proposed district, or their representatives, may be heard upon the
question of the establishment of the district. Proof of service shall be
made by affidavit of the person, or persons, causing such service to
be made.
(d) On the date fixed for hearing the board of public works or
board of transportation shall hear all owners in the proposed district,
who appear and request to be heard, upon the question of the
sufficiency of the petition and notice, whether the proposed
automated transit system is of public utility and benefit, whether all
of the probable benefits of the proposed improvement will be equal
to or exceed the estimated cost thereof, and whether the district
contains all, or more or less than all, of the property specially
benefited or damaged by the proposed system. After the hearing,
which may be adjourned from time to time without further notice, the
board of public works or board of transportation shall adopt a
resolution 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 public
utility and benefit.
(4) Whether all of the probable benefits of the proposed system
will 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 or
damaged by the proposed system.
(e) If the board of public works or board of transportation resolves
affirmatively on the first four (4) questions and determines that the
proposed district contains all of the property specially benefited or
damaged, then it shall establish the district with the boundaries
described in such petition. If it resolves negatively on any of the first
four (4) questions, it may allow amendments, the issuance of
additional notice, and hold such further proceedings as it deems
proper, or the petition may be dismissed without prejudice to the
right to file a new petition.
(f) In the event the board of public works or board of
transportation determines that property not specially benefited or
damaged has been included within boundaries described in the
petition, then it shall redefine the boundaries of the district and in its
resolution include only that property within the petition which is
specially benefited or damaged and shall establish the district with
the boundaries as redefined.
(g) In the event the board of public works or board of
transportation determines that either:
(1) all of the property specially benefited or damaged has not
been included within the boundaries described in the petition;
or
(2) all of the property specially benefited or damaged has not
been included within the boundaries described in the petition
and some property has been included which is not specially
benefited or damaged;
then in either event it shall fix a date for a further hearing. Notice
shall be given of the further hearing, describing the proposed revised
boundaries as provided in this section, except that notice by mail
shall be given only to the owners in any area proposed to be added
to the district which was not included in the initial petition. At such
further hearing all owners of real estate or their representatives
within the proposed district boundaries, as revised shall be entitled
to be heard, and the board of public works or board of transportation
shall then adopt its resolution on establishment of the automated
transit district.
(h) Any resolution entered establishing an automated transit
district shall also recite that all property within the district will be
subject to assessment of special benefits and damages in the manner
provided in this chapter.
(i) The resolution shall be deemed notice to all owners who have
appeared, or who have been notified of the proceedings, as provided
in this section, that their property will be subject to an assessment of
special benefits and damages as provided in this chapter and that no
further notice of such assessments, or of the hearing thereon, shall be
required except the notice by publication provided for in this chapter.
(j) The resolution of the board of public works or board of
transportation that establishes the automated transit district must be
approved by the legislative body of the city. Thereafter, the
resolution shall be final and conclusive and no attack may be made
challenging the resolution on the establishment of the automated
transit district, the validity of the petition, the sufficiency of notice,
the existence of the automated transit district, the public utility and
benefit of the proposed automated transit system, that the benefits
equal or exceed the estimated cost, the boundaries of the district, or
any other matters before the board of public works or board of
transportation, unless an appeal is taken as provided in this section.
(k) A copy of the resolution establishing an automated transit
district, certified by the clerk, shall be recorded in the miscellaneous
records in the office of the recorder of the county in which the city
is located.
(l) Any party aggrieved by a resolution made under the provisions
of this section may appeal. Such appeal shall be taken as provided in
IC 34-13-6. However, in the event that fifty-one percent (51%) of the
owners of property located in such automated transit district
remonstrate by petition to the board of public works or board of
transportation, signatures on such petition shall be verified by the
auditor of such county, and if found to be valid shall cause further
actions 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 be
governed by and under control of a commission having five (5)
members, two (2) of whom shall be appointed by the executive of the
city, 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 of
public works or department of transportation. The term of office for
a commission member for a district created by the legislative body
is one (1) year after the member's appointment, except that the
member 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 the
commission under the bylaws of the commission for a term of one
(1) year. Each member, otherwise qualified, is eligible for
reappointment to successive terms.
(b) The commission members shall not receive a salary for
serving but shall receive a per diem payment and expenses similar to
those paid members of other special taxing district boards.
(c) The commission shall elect, at its first regular meeting and
annually thereafter, one (1) of its members president, and another of
its members vice president, who shall perform the duties of the
president during the absence or disability of the president. Such
commission shall have a suitable office where its maps, plans,
documents, records and accounts shall be kept, subject to public
inspection at all reasonable times.
(d) The commission shall by rule provide for regular meetings to
be 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 such
a meeting is called. The chairman or a majority of the members of
the commission may call a special meeting. The commission shall
establish a procedure for calling special meetings.
(f) Three (3) members of the commission constitute a quorum for
a meeting. The commission may act officially by an affirmative vote
of a majority of those present at the meeting at which the action is
taken.
(g) The commission shall cause a written record of its proceedings
to be kept which shall be available for public inspection in the office
of the commission. The commission shall record in the record the aye
and nay vote on the passage of each item of business.
(h) The commission shall adopt bylaws under which its meetings
are to be held. The bylaws must provide that the vote of each
member shall be in the same proportion that the assessed value of all
of the members' land sites are to the assessed value of all the land
sites within the district. The commission may suspend the bylaws by
unanimous vote of the members of the commission who are present
at the meeting. The commission shall not suspend the bylaws beyond
the duration of the meeting at which the suspension of rules occurs.
(i) The commission may exercise the powers to supervise its
internal affairs which are common to municipal legislative and
administrative bodies. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 a
proposed draft of an ordinance at a meeting of the commission. A
person who introduces a proposed draft of an ordinance shall provide
at the time of introduction a written copy of the proposed draft. The
commission 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 a
proposed draft of an ordinance nor less than seven (7) days before
the final passage of a proposed draft of an ordinance, the commission
shall publish a notice that the proposed ordinance is pending final
action by the commission. The notice shall be published one (1) time
in each of two (2) daily newspapers which have a general circulation
in the jurisdiction of the commission.
(c) The commission shall include in the notice reference to the
subject matter of the proposed ordinance and the time and place
hearing will be held thereon and shall indicate that the proposed draft
of an ordinance is available for public inspection at the office of the
commission. The commission may include in one (1) notice a
reference to the subject matter of each draft of an ordinance which
is pending and for which notice has not been given.
(d) An ordinance shall not be invalid because the reference to the
subject matter of the draft of an ordinance was inadequate if
sufficient to advise the public of the general subject matter of the
proposed ordinance.
(e) The commission shall not later than the date of notice of the
introduction of a proposed ordinance place five (5) copies of the
proposed draft on file in the office of the commission for public
inspection.
(f) At a meeting for which notice has been given as required by
this section, the commission may take final action on the proposed
ordinance or may postpone final consideration thereof to a
designated 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 ordinance
only at a meeting which is open to the public. Before adopting an
ordinance, the commission shall give opportunity to any person
present at the meeting to give testimony, evidence or argument for or
against the proposed ordinance in person or by counsel, under such
rules as to the number of persons who may be heard and time limits
as may be adopted by the commission.
(b) When an ordinance is adopted, the commission shall at the
same meeting designate the effective date of the ordinance. If the
commission fails so to designate the effective date of the ordinance
in the record of the proceedings of the commission, the ordinance
shall 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 it
elsewhere in this chapter, the commission shall have full power and
authority to do all acts necessary or reasonably incident to carrying
out the purposes of this chapter including, but not in limitation
thereof, 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 in
accordance 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 the
same for automated transit purposes, and to receive gifts,
donations, bequests and public trusts and to agree to conditions
and terms accompanying the same and bind the district to carry
them out.
(6) To determine matters of policy regarding internal
organization and operating procedures not specifically provided
for otherwise.
(7) To accept assistance from state or federal agencies for the
purposes of this chapter.
(8) To negotiate and execute contracts required to accomplish
the purposes of this chapter.
(9) To enter into agreements with any other agency of the state
or any of its political subdivisions or any private company for
the rendition of any services, the rental or use of any equipment
or facilities or the joint purchase and use of any equipment or
facilities which are deemed proper by the contracting parties for
use in the operation, maintenance or construction of an
automated transit system.
(10) To purchase supplies, materials and equipment to carry out
the duties and functions of the commission, in accordance with
procedures adopted by the commission and in accordance with
the general law of the state.
(11) To employ such personnel as may be necessary for the
proper carrying out of the duties, functions and powers of the
commission.
(12) To sell any surplus or unneeded property in accordance
with such procedure as may be prescribed by the commission.
(13) To adopt administrative regulations to carry out its powers
and duties, governing the duties of its officers, employees and
personnel and the internal management of the affairs of the
commission.
(14) To fix the salaries or compensation of the various officers
and employees of such district except where a different
provision 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 to
establish, construct, improve, equip, maintain, control, lease and
regulate an automated transit system within the jurisdictional
limits of the district.
(17) To acquire property within the jurisdiction of the district
for the purpose of establishing parking facilities for the purpose
of increasing the usefulness of the automated transit system and
to charge a parking fee to be established by ordinance.
(18) To provide parking facilities and services related to the
provision of automated transit. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 deems
proper to recover damages for the breach of any agreement, express
or implied, relating to or growing out of the operation, control,
leasing, management, or improvement of the property under its
control, and for the penalties for the violation of any ordinances or
of any of its regulations and for injury to the personal or real
property under its control and to recover possession of any such
property. All regulations which said commission shall at any time
adopt under and in pursuance of the provisions of this chapter shall
be published for at least ten (10) days in a newspaper of general
circulation 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 eminent
domain for the purpose of carrying out this chapter and to award
damages to landowners for real estate and property rights
appropriated and taken. If the commission cannot agree with the
owners, lessees, or occupants of any real estate selected by the board
for the purpose set forth in this chapter, the board may proceed to
procure the condemnation of the property under IC 32-24.
(b) Relocation assistance under IC 8-23-17 shall be provided to
any person displaced under this section.
(c) If the property over and across which the automated transit
system must be constructed and operate is already in use or acquired
for use for a public purpose, the public use or acquisition of the
property shall not be a bar to the right of the commission to condemn
the 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 transportation
corporation, created under IC 36-9-4, the commission may enter into
an agreement with the corporation to operate and maintain the
automated 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 public
transportation 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 as
treasurer of the district; he shall give bond in such sum and with any
condition prescribed by the commission and with surety to the
approval of the commission. The treasurer shall be appointed to serve
for a term of one (1) year unless sooner removed for cause. All
money payable to the district shall be paid to the treasurer and he
shall deposit the same under the provisions of the general laws of the
state relating to the deposit of public funds by municipal
corporations. He shall keep an accurate account of all appropriations
made and all taxes levied by the district, of all money owing or due
to the district and of all money received and disbursed. He shall
preserve all vouchers for payments and disbursements made.
(b) The treasurer shall issue all warrants for the payment of
money from the funds of the district, but no warrant shall be issued
for the payment of any claim until such claim has been allowed in
accordance with the procedure prescribed by the regulations of the
commission. All warrants shall be countersigned by the president.
Whenever the treasurer is called upon to issue any warrant, he shall
have the power to require evidence that the amount claimed is justly
due and in conformity with law and for that purpose may summon
before him any officer, agent or employee of the district, or other
person, 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 the
accounts, exhibiting the revenues, receipts and disbursements and the
sources from which the 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 8-9.5-7-13 Audit of records of account
Sec. 13. The treasurer shall annually, and more often if required
by the commission, submit his records of account as treasurer of the
district to such person or firm, being a certified public accountant or
firm of certified public accountants, as designated or selected by the
commission, for audit. Such person or firm shall prepare and submit
a certified report of such records of accounts to the board exhibiting
the revenues, receipts and disbursements and the sources from which
the 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 the
operation 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 preliminary
proceedings and provide funds for the payment of expenses prior to
the issuance of bonds, the commission may by resolution authorize
the making of loans. Such loans shall be evidenced by callable
warrants payable out of the proceeds of bonds, when available. The
same shall be sold at public sale pursuant to notice given in
accordance with IC 5-3-1. Such warrants shall be sold to the bidder
offering to purchase said warrants at the lowest actual interest cost
to the district, and shall be executed in the name of the district by the
president or vice president of the commission.
(b) Any city, town, township, or county, any part of the territory
of which is included within said district, shall have authority to
advance funds to the district upon being authorized so to do by its
fiscal 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 resolution
or 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 of
acquisition of property or the cost of construction or installation of
an automated transit system, or both, and in anticipation of the
receipt of revenues under sections 17 and 18 of this chapter, the
commission may by resolution direct that bonds be issued in the
name of the district. The amount of such bonds shall not exceed:
(1) the total cost of property to be acquired and the total amount
of damages to be awarded on account of property injuriously
affected but not acquired;
(2) the price of the automated transit system;
(3) an amount sufficient to pay the cost of supervision and
inspection during the period of construction;
(4) all general, administrative, legal, engineering and incidental
expense not otherwise provided for and incurred on account of
or in connection with the establishment of the district, the
administration of its affairs, the acquisition of property, and the
construction 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 any
outstanding warrants issued for the purpose of obtaining funds with
which to meet expenses prior to the issuance of bonds. Such bonds
shall not, in any respect, be a corporate obligation or indebtedness of
the city, the territory of which shall be included in whole or in part
in said district, but shall be and constitute an indebtedness of the
district, and shall be payable solely out of the funds of said district.
The bonds shall recite such terms upon their face, together with the
purpose 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 additional
works in conjunction with or separate and apart from the original
works, in order to protect the district properly, and that the cost
thereof will be in excess of the amount then available out of current
maintenance and repair funds, the commission may issue bonds
under the provisions of this section for that purpose.
(c) In the event the district shall be unable to pay any bonds or the
interest thereon at the times fixed therefor, by reason of insufficiency
of funds or other causes, refunding bonds may be issued and sold
pursuant to the provisions of this section to obtain money for that
purpose, and such refunding bonds shall be payable within such
period, not exceeding ten (10) years, as the commission shall
determine.
(d) All bonds issued hereunder, together with the interest thereon,
shall be exempt from taxation. No suit to question the validity of any
of the bonds issued under this chapter, or to prevent their issuance,
shall be instituted after the time fixed in the bond sale notice for the
receiving of bids thereon, and all of said bonds from and after said
time shall be incontestable for any cause whatsoever.
(e) All proceeds from the sale of such bonds shall be kept by the
county treasurer as a separate and specific fund designated as the
"________ Automated Transit District Construction Fund." Out of
said 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 any
surplus of funds remaining out of the proceeds of said bonds after all
of said construction costs are paid shall become available for use by
the 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 benefits
and damages to property within the automated transit district. For the
purpose of providing all or part of the cost of payment of principal
and interest on bonded indebtedness, and expenses of planning,
construction, operation, maintenance, and repair of the automated
transit system and related parking facilities and services after the
completion of the same, including as a part of such cost the general
expenses of the commission, the commission may make an annual
assessment of benefits and damages. The assessment shall be against
the site value of the lands only.
(b) The commission shall annually prepare a schedule which
describes each tract of land in the district that it determines to be
benefited by the automated transit system, and states the percentage
of the total benefit that is received by each tract of land. In order to
prepare this schedule, the commission shall appoint three (3)
disinterested persons, who are licensed real estate brokers or
appraisers licensed under IC 25-34.1 who are residents of Indiana, as
appraisers to make an examination of the property within the
improvement district. One (1) of the persons appointed under this
subsection must reside not more than fifty (50) miles from the
property. Upon request from the appraisers, the commission may
retain or employ qualified personnel to render any necessary
technical or consulting assistance, and may supply the appraisers
with any information available or obtainable which will assist in
making the assessment. Upon such examination, such appraisers
shall make an assessment of all special benefits and damages, if any,
which will accrue from the construction and operation of the
automated transit system, as to each parcel of real estate. All
property within the district (or owned or operated by the district),
except common green areas, shall be conclusively presumed to be
benefited by the existence of the district to the extent determined
under this section as its assessed benefit. A copy of the roll of all
owners of real estate, signed by all three (3) appraisers, showing the
assessment of benefits and damages, if any, shall be filed by the
appraisers with the commission not less than thirty (30) days after
their appointment, unless the commission shall extend the time.
(c) Promptly after the filing of an assessment, the commission
shall cause a notice to be mailed, by United States mail, first class
postage prepaid, to each owner of real estate to be assessed. The
notices shall be deposited in the mail twenty-one (21) days before the
hearing date, shall set forth the amount of the proposed assessment,
shall state that the proposed assessments on each parcel of real estate
in the district are on file and can be seen in the office of the
commission, and shall set forth the date when the commission will,
at its office, receive written remonstrances against the assessment on
the parcel and hear all owners of real estate assessed who have filed
written remonstrances prior to the date fixed for the hearing. It shall
be sufficient if the notices to the owners are addressed as the names
and addresses appear upon the tax duplicates in the records of the
county auditor.
(d) At the time so fixed in such notice, the commission shall hear
all owners of real estate assessed who have filed written
remonstrances prior to the date of the hearing. The hearing may be
continued from time to time as long as may be necessary to hear such
owners.
(e) The commission shall complete such assessment roll by
rendering its decision by increasing, or decreasing, or by confirming
each assessment by setting opposite each name, parcel and
appraisers' assessment, the amount of the assessment as determined
by the commission. If the total of the assessments exceeds the
amount needed, the commission shall further make pro rata reduction
in each assessment. The signing of such roll by a majority of the
commission members, and the delivery thereof to the fiscal officer
of the city shall constitute a final and conclusive determination of the
benefits or damages, if any, assessed. However, any owner who had
previously filed a written remonstrance as provided in this section
with the board or any owner whose assessment was increased above
the amount fixed by the appraisers, whether he filed such a written
remonstrance or not, may appeal. Such appeal shall be taken as
provided in IC 34-13-6, and shall proceed to trial, hearing, and final
judgment in the manner and with the effect as provided in IC 34-13-6
as to all parties.
(f) If the final determination of the commission results in the total
funds being inadequate to cover the cost of the improvement, the
deficiency may be supplied by other sources as provided in this
chapter.
(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 auditor
the schedule of assessment of benefits. The county auditor shall enter
the assessment of benefits on the tax duplicates, and the county
treasurer shall collect and enforce the amount of the assessed benefit
in the same manner as property taxes are entered, collected, and
enforced.
(i) The county treasurer charged with the duty of collecting such
taxes shall, between the first and tenth days of each month, notify the
commission of the amount of such special taxes collected during the
preceding month, and upon the date of notification above referred to
such county treasurer shall credit the amount so collected to a fund
of such district to be designated as the "____________________
Automated Transit District Fund", and such fund shall be used and
expended for no other purpose than as stated in this section. The
commission shall have full, complete, and exclusive authority to
expend for and on behalf of the district all sums of money thus
realized. The commission may, by resolution, authorize and make
temporary loans in anticipation of the collection of the special
benefit taxes actually levied and in the course of collection under this
section, which loans shall mature and be paid within the year in
which made, and shall bear interest payable at the maturity of the
loan. Such temporary loans shall be evidenced by warrants. As added by Acts 1982, P.L.77, SEC.1. Amended by
P.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 increased
property 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 automated
transit district, any property taxes levied on the property
geographically within the automated transit district, by another
political subdivision, shall be divided each year as follows:
(1) That portion of the taxes which are produced by the rate at
which the tax is levied by or for each of the political
subdivisions upon the total sum of the assessed value of the
taxable property in the district, as that assessed value stands on
the date of the establishment of the automated transit district, is
allocated to the respective political subdivisions for their usual
purposes.
(2) Twenty-five percent (25%) of that portion of the property
taxes collected each year in excess of the amount referred to in
subdivision (1) is allocated to the respective taxing agencies for
their usual purposes in proportion to the tax rate of each taxing
agency.
(3) Seventy-five percent (75%) of that portion of the property
taxes collected each year in excess of the amount referred to in
subdivision (1) is allocated to, and when collected shall be paid
into a special fund of the automated transit district to pay the
principal 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 has
been paid in full, all money thereafter received from property
taxes upon the taxable property in the district shall be paid
solely into the funds of the respective political subdivisions.
(4) That portion of the taxes referred to in subdivision (3), and
the special fund into which they shall be paid, may be
irrevocably pledged by the automated transit district for the
payment of the principal and interest on loans or for repayment
of advances or indebtedness, of the district. As added by Acts 1982, P.L.77, SEC.1.
