§ 8-5-15-5 — Powers of board; dissolution of district

Indiana § 8-5-15-5

• Jurisdiction: Indiana
• Art. 5: COMMUTER RAILWAYS
• Ch. 15: Commuter Transportation Districts

Text

(a) The board has all powers reasonably
necessary to carry out the purpose of this chapter including the
following powers:
(1) To receive federal, state, county, and municipal funds, or
private contributions and disburse them for the purpose of aiding
commuter transportation systems serving the district.
(2) To monitor and evaluate the use of funds granted or
distributed by the district.
(3) To apply for federal, state, municipal, or county funds for the
purpose of rendering assistance to commuter transportation
systems.
(4) To coordinate its plans and activities with:
(A) any public transportation authority serving one (1) or more
counties that are served by the system and through which the
system passes;
(B) the Indiana department of transportation;
(C) regional planning commissions serving any portion of the
district;
(D) units of county and municipal government included in the
district; and
(E) any regional transportation authority, transit authority, or
like governmental unit in another state if the commuter
transportation system crosses the boundary of the state or serves
another.
(5) To purchase, lease, or lease with option to purchase capital
equipment in aid of any system of commuter transportation
operating in the district, and lease the equipment to the system
under conditions and for a term to be determined by the board.
(6) As a municipal corporation, to sue and be sued.
(7) To conduct public hearings to accomplish the purpose of this
chapter.
(8) To seek and accept the assistance of any public or publicly
funded agency in carrying out its functions and duties.
(9) To enter into agreements with either private or public agencies
for any purpose required to accomplish the intent of this chapter.
The board may enter into a trust indenture or any other agreement
with the board for depositories in order to obtain a loan or a loan
guarantee under IC 5-13-12-11.
(10) To set levels of service and rates notwithstanding IC 8-3-1,
for transportation of passengers subject to section 7 of this
chapter.
(11) To expend funds granted to the district from any source for
the purpose of paying reasonable administrative expenses.
(12) To purchase, acquire, lease, or lease with option to purchase
all or any part of the assets of a railroad that is providing
commuter transportation services within the district and to
purchase or acquire all or any part of the issued and outstanding
stock of a railroad that is providing commuter transportation
services within the district.
(13) To own all or any part of the capital stock or assets of a
railroad that is providing commuter transportation services within
the district, and to operate either directly, by management
contract, or by lease any such railroad.
(14) Subject to section 5.3 of this chapter, to issue revenue bonds
of the district payable solely from revenues for the purpose of
paying all or any part of the cost of acquiring the capital stock of
a railroad company, all or any part of the assets of a railroad, or
any property, real or personal, for the purposes of this chapter.
(15) To acquire, lease, construct, maintain, repair, police, and
operate a railroad and to establish rules for the use of the railroad
and other properties subject to the jurisdiction and control of the
board.
(16) To acquire and dispose of real and personal property in the
exercise of its powers and the performance of its duties under this
chapter.
(17) To lease to others for development or operation all or any
part of a railroad on such terms and conditions as the board
considers advisable.
(18) To make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of its
duties and the execution of its powers under this chapter.
(19) To employ, subject to sections 18 and 19 of this chapter, an
executive director or manager, consulting engineers,
superintendents, and such other engineers, construction and
accounting experts, attorneys, and other employees and agents as
may be necessary in its judgment, and to fix their compensation.
(20) To negotiate and enter into agreements for railroad trackage
rights regardless of the location of the track.
(21) To authorize the Indiana department of transportation to
exercise all or a part of the powers of the board under this chapter
or IC 5-1.3 that are necessary or desirable to accomplish the
purposes of this chapter or IC 5-1.3, subject, in each case, to the
agreement of the Indiana department of transportation.
(22) To do all other acts necessary or reasonably incident to
carrying out the purpose of this chapter.
(b) Notwithstanding the powers granted to the board in subsection
(a), the district does not have the power to levy taxes.
(c) In the event the board of trustees determines that the commuter
transportation system or the railroad owned by the district cannot
continue to provide adequate transportation service, or the district is
terminated, the board may, subject to the conditions of any state or
federal grant used to purchase equipment or property, dispose of any
properties of the district.
(d) In the event the district is dissolved, ninety percent (90%) of the
proceeds shall be paid to the state and ten percent (10%) to the counties
in proportion to their contributions.
(e) In the exercise of any of the powers granted to the board in
subsection (a), the board is not subject to any other laws related to
commuter transportation systems or railroads.
[Pre-Local Government Recodification Citation:
19-5-2.6-6.]
As added by Acts 1980, P.L.8, SEC.68. Amended by Acts 1981,
P.L.67, SEC.6; P.L.12-1983, SEC.19; P.L.64-1984, SEC.3;
P.L.48-1986, SEC.2; P.L.19-1987, SEC.22; P.L.385-1987(ss), SEC.5;
P.L.18-1990, SEC.63; P.L.108-2019, SEC.150; P.L.68-2025,
SEC.191.