§ 36-9-4-13.5 — Public transportation corporations in certain counties; city in county having second largest population

Indiana § 36-9-4-13.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 4: Urban Mass Transportation Systems; Public

Text

5. (a) This section applies to a county having
a population of more than two hundred fifty thousand (250,000) and
less than three hundred thousand (300,000).
(b) The taxing district of a public transportation corporation under
this section includes all the territory inside the corporate boundaries of
the two (2) cities in the county having the largest populations and such
suburban territory as provided in section 13 of this chapter.
(c) This section applies upon the adoption of substantially identical
ordinances approving subsection (b) by both:
(1) the public transportation corporation incorporating the
additional territory; and
(2) the legislative body of the city being added to the taxing
district of the public transportation corporation.
(d) Whenever the city in the county having the second largest
population becomes a part of the public transportation corporation,
then two (2) additional directors representing that city shall be
appointed to the board of directors of the corporation. The directors
must be residents of that city and are entitled to all of the rights,
privileges, powers, and duties of directors under this chapter. The
executive and the legislative body of that city shall each appoint one
(1) director. These two (2) directors must not be of the same political
party. The director appointed by the legislative body shall serve for a
term of one (1) year, and the director appointed by the executive shall
serve for a term of two (2) years. Upon the expiration of the respective
terms, successors shall be appointed in accordance with section 18 of
this chapter.
(e) If the city in the county having the second largest population
appropriates money to support the public transportation corporation in
a particular year, and if the territory of that city subsequently becomes
a part of the taxing district of the public transportation corporation in
that year and is subject to a separate property tax levy for transportation
services, the maximum permissible levy of that city for the year
following the particular year used to compute the property tax levy
limit under IC 6-1.1-18.5 is decreased, and the maximum permissible
levy of the public transportation corporation for the particular year used
to compute the property tax levy limit under IC 6-1.1-18.5 is increased,
by an amount equivalent to the current contract amount to be paid by
that city to the public transportation corporation for transportation
services provided to that city in the particular year.
(f) The public transportation corporation shall establish a single
property tax rate applicable to the taxing district of the public
transportation corporation, including the territory of the city in the
county having the second largest population that is included in the
public transportation corporation under this section. The initial
permissible levy to be raised by this rate equals the sum of the amount
raised by the levy of the public transportation corporation in the
previous taxable year plus an amount equivalent to the current contract
amount to be paid in the calendar year 1982 by the city in the county
having the second largest population to the public transportation
corporation. The permissible levy for the subsequent years shall be
computed in accordance with IC 6-1.1-18.5.
(g) If the city in the county having the second largest population is
excluded from the public transportation corporation in a subsequent
year, and that city is no longer subject to a separate property tax levy
for transportation services, the maximum permissible levy of the public
transportation corporation for that subsequent year used to compute the
property tax levy limit under IC 6-1.1-18.5 is decreased, and the
maximum permissible levy of that city for that subsequent year used to
compute the property tax levy limit under IC 6-1.1-18.5 is increased,
by the amount of the product of the public transportation property tax
rate for that subsequent year multiplied by the assessed value in that
subsequent year of all taxable property in that city that is excluded from
the public transportation corporation.
As added by Acts 1981, P.L.186, SEC.2. Amended by
P.L.73-1983, SEC.20; P.L.12-1992, SEC.177; P.L.119-2012, SEC.228;
P.L.104-2022, SEC.210.