2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-5. Powers of Board; Dissolution of District

Sec. 5. (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) 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.