reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-39. "Demand-Responsive" or "Dial-a-Ride" System

Sec. 39. The board of directors of a public transportation corporation may establish and operate a "demand-responsive" or "dial-a-ride" transportation system as a part of its urban mass transportation system within the taxing district of the corporation. The rates and charges for the system and all related criteria are at the sole discretion of the board.
[Pre-Local Government Recodification Citation: 19-5-2-34.1.]
As added by Acts 1981, P.L.309, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-40. Board of Directors; Power to Fulfill Purposes of Corporation

Sec. 40. The board of directors of a public transportation corporation may carry out the purposes of the corporation.
[Pre-Local Government Recodification Citation: 19-5-2-22 part.]
As added by Acts 1981, P.L.309, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-41. Acquisition of Systems by Corporation; Protection of Employees

Sec. 41. (a) Whenever a public transportation corporation acquires an urban mass transportation system under this chapter, the employees of the system must be protected as follows:
(1) The employees of the system must be retained to the fullest extent consistent with sound management, and those terminated or laid off must be assured priority of reemployment.
(2) The individual employees must be retained in positions the same as, or no worse than, their positions before the acquisition of the system.
(3) The rights, privileges, and benefits of the employees under any collective bargaining agreement are not affected, and the corporation shall assume the duties of the system under the agreement.
(4) The rights, privileges, and benefits of the employees under any pension or retirement plan are not affected, and the corporation shall assume the duties of the system under the plan.
(b) If a public transportation corporation acquires and leases an urban mass transportation system, or enters into a contract for the operation of the system under this chapter, the lease or contract must provide for compliance with subsection (a).
[Pre-Local Government Recodification Citation: 19-5-2-23.]
As added by Acts 1981, P.L.309, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-42. Funding

Sec. 42. (a) A municipality or a public transportation corporation that expends money for the establishment or maintenance of an urban mass transportation system under this chapter may acquire the money for these expenditures:
(1) by issuing bonds under section 43 or 44 of this chapter;
(2) by borrowing money made available for such purposes by any source;
(3) by accepting grants or contributions made available for such purposes by any source;
(4) in the case of a municipality, by appropriation from the general fund of the municipality, or from a special fund that the municipal legislative body includes in the municipality's budget; or
(5) in the case of a public transportation corporation, by levying a tax under section 49 of this chapter or by recommending an election to use revenue from the local income tax, as provided in subsection (c).
(b) Money may be acquired under this section for the purpose of exercising any of the powers granted by or incidental to this chapter, including:
(1) studies under section 4, 9, or 11 of this chapter;
(2) grants in aid;
(3) the purchase of buses or real property by a municipality for lease to an urban mass transportation system, including the payment of any amount outstanding under a mortgage, contract of sale, or other security device that may attach to the buses or real property;
(4) the acquisition by a public transportation corporation of property of an urban mass transportation system, including the payment of any amount outstanding under a mortgage, contract of sale, or other security device that may attach to the property;
(5) the operation of an urban mass transportation system by a public transportation corporation, including the acquisition of additional property for such a system; and
(6) the retirement of bonds issued and outstanding under this chapter.
(c) This subsection applies only to a public transportation corporation located in a county having a consolidated city. In order to provide revenue to a public transportation corporation during a year, the public transportation corporation board may recommend and the county fiscal body may elect to provide revenue to the corporation from part of the certified distribution, if any, that the county is to receive during that same year under IC 6-3.6-9. To make the election, the county fiscal body must adopt an ordinance before November 1 of the preceding year. The county fiscal body must specify in the ordinance the amount of the certified distribution that is to be used to provide revenue to the corporation. If such an ordinance is adopted, the county fiscal body shall immediately send a copy of the ordinance to the county auditor.
[Pre-Local Government Recodification Citation: 19-5-2-24.]
As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.84-1987, SEC.15; P.L.5-1988, SEC.221; P.L.137-2012, SEC.123; P.L.197-2016, SEC.148.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-43. Issuance of Bonds by Municipality; Procedure

Sec. 43. If the legislative body of a municipality decides to issue bonds to obtain all or part of the money to be expended for the establishment and maintenance of an urban mass transportation system under this chapter, the legislative body may issue the bonds of the municipality in the same manner as bonds for the general purposes of the municipality. However, the bonds may be sold to the federal government at private sale and without a public offering.
[Pre-Local Government Recodification Citation: 19-5-2-25.]
As added by Acts 1981, P.L.309, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-44. Issuance of Bonds by Corporation; Procedure

Sec. 44. (a) If the board of directors of a public transportation corporation decides to issue bonds to obtain all or part of the money to be expended for the establishment and maintenance of an urban mass transportation system under this chapter, the board shall adopt an ordinance directing the issuance of the bonds. The board shall certify a copy of the ordinance to the controller of the corporation, who shall then prepare the bonds.
(b) The bonds must be executed by the chair of the board and attested by the controller of the corporation.
(c) The controller is responsible for the sale of the bonds.
(d) Except as otherwise provided in this section, the bonds shall be issued in the same manner as bonds for the general purposes of the municipality served by the public transportation corporation. However, the bonds may be sold to the federal government at private sale and without a public offering.
(e) In addition to the general power to issue bonds for the establishment and maintenance of a system, the board may issue bonds specifically:
(1) for the payment of any judgment against the corporation; and
(2) to establish or maintain a program of self-insurance or mutual insurance.
[Pre-Local Government Recodification Citation: 19-5-2-26.]
As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1981, P.L.317, SEC.6; P.L.353-1987, SEC.2; P.L.127-2017, SEC.283.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-45. Bonds; Terms; Tax Exemption; Procedure

Sec. 45. (a) Bonds issued under this chapter:
(1) shall be issued in the denomination;
(2) are payable over a period not to exceed thirty (30) years from the date of the bonds; and
(3) mature;
as determined by the ordinance authorizing the bond issue.
(b) All bonds issued under this chapter, the interest on them, and the income from them are exempt from taxation to the extent provided by IC 6-8-5-1.
(c) The provisions of IC 6-1.1-20 relating to:
(1) filing petitions requesting the issuance of bonds and giving notice of those petitions;
(2) giving notice of a hearing on the appropriation of the proceeds of the bonds;
(3) the right of taxpayers to appear and be heard on the proposed appropriation;
(4) the approval of the appropriation by the department of local government finance; and
(5) the right of:
(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a);
apply to the issuance of bonds under this chapter.
(d) A suit to question the validity of bonds issued under this chapter or to prevent their issue and sale may not be instituted after the date set for the sale of the bonds, and the bonds are incontestable after that date.
[Pre-Local Government Recodification Citation: 19-5-2-27.]
As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.90-2002, SEC.505; P.L.219-2007, SEC.142; P.L.146-2008, SEC.787.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-46. Bonds; Special Tax Levy

Sec. 46. (a) The board of directors of a public transportation corporation that issues bonds under this chapter shall levy a special tax each year upon all the property within the taxing district of the corporation. The tax shall be levied in such a manner as to meet and pay the principal of the bonds as they mature, together with all accruing interest.
(b) The county treasurer shall collect the tax in the same manner as other taxes are collected. As the treasurer collects the tax, the treasurer shall remit it to the controller of the public transportation corporation.
(c) In determining the amount of the levy, the board of directors shall consider any surplus of accumulated revenue derived from the operation of the urban mass transportation system, above the sum considered necessary to be applied upon or reserved for the payment of the operating and capital expenditures of the system, including expenditures for the replacement of and additions to the property of the system and reserves established for the depreciation of the property of the system. If the board finds that this surplus is sufficient, it may apply all or part of the surplus to the payment of the principal of the bonds, together with the interest on them.
[Pre-Local Government Recodification Citation: 19-5-2-28.]
As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.127-2017, SEC.284.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-48. Cumulative Transportation Fund; Establishment; Notice; Tax Levy

Sec. 48. (a) A cumulative transportation fund to provide money for the acquisition of buses and for the planning, establishment, and maintenance of routes and schedules to assist in implementing this chapter may be established under IC 6-1.1-41 by:
(1) the legislative body of a municipality that:
(A) is making grants to an urban mass transportation system; or
(B) has purchased buses for operation under lease by an urban mass transportation system; or
(2) the board of directors of a public transportation corporation.
(b) In addition to other notices required under IC 6-1.1-41, notices of hearings under IC 6-1.1-41 must be given to the following:
(1) the municipal executive, for a tax levy by a municipality; and
(2) the chair of the board of directors, for a tax levy by a public transportation corporation.
(c) A tax levy to finance the cumulative transportation fund may be levied in compliance with IC 6-1.1-41. The tax levied under this section may not exceed six and sixty-seven hundredths cents ($0.0667) on each one hundred dollars ($100) of taxable property within the corporate boundaries of the municipality or the taxing district of the public transportation corporation, as the case may be.
[Pre-Local Government Recodification Citations: 19-5-2-30.4; 19-5-2-30.5; 19-5-2-30.6.]
As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1981, P.L.45, SEC.40; P.L.17-1995, SEC.24; P.L.6-1997, SEC.216; P.L.127-2017, SEC.285.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-49. Insufficient Funds; Special Tax Levy

Sec. 49. (a) For each year in which it is anticipated that the total amount available to a public transportation corporation will be insufficient to defray the expenses incurred by the corporation, the board of directors of the corporation shall levy a special tax upon all the property within the taxing district of the corporation at the rate required to defray such expenses. The tax must be based upon the budget formulated and filed by the board under this chapter.
(b) The county treasurer shall collect the tax levied under this section in the same manner as other taxes are collected. As the treasurer collects the tax, the county treasurer shall remit it to the controller of the public transportation corporation.
[Pre-Local Government Recodification Citation: 19-5-2-29.]
As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.127-2017, SEC.286.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-50. Federal or State Aid

Sec. 50. A municipality that establishes or acquires an urban mass transportation system under this chapter, or a municipality that has a privately owned urban mass transportation system and has received a request from the management of the system, may apply for aid from any federal or state government agency. A municipality acting under this section may:
(1) perform any act or acts lawfully required; or
(2) execute and perform agreements necessary or convenient;
to obtain the aid without limitation by the provisions of this chapter, except that a municipality may not interfere with any right, interest, or part of any other public transportation system without the consent of the other system.
[Pre-Local Government Recodification Citation: 19-5-2-37.]
As added by Acts 1981, P.L.309, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-51. Review of Annual Budget and Tax Levies

Sec. 51. (a) The board of directors of a public transportation corporation shall prepare an annual budget for the expenditures of the corporation.
(b) This subsection applies only when a municipality, having operated an urban mass transportation system under a department of municipal government, establishes a public transportation corporation under section 10 of this chapter to maintain that system. The annual operating and maintenance budget for the corporation shall be subject to review and modification by the legislative body of the municipality.
(c) A public transportation corporation may not impose a property tax levy on property that it has not taxed before January 1, 1982, and that lies outside the corporate boundaries of the municipality without the approval of the fiscal body or county council of the county in which the municipality is located.
(d) The budget and any tax levies prepared by the board shall be prepared and submitted at the same time, in the same manner, and with the same notice as is prescribed by IC 6-1.1-17 for the annual budget of the municipality. The department of local government finance may review the budget and tax levies in the same manner by which the department reviews budgets and tax levies of the municipality.
[Pre-Local Government Recodification Citation: 19-5-2-30.]
As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1982, P.L.217, SEC.2; P.L.90-2002, SEC.507; P.L.257-2019, SEC.159.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-52. Property Tax Exemption

Sec. 52. Property acquired by a municipality or public transportation corporation under this chapter is exempt from property taxes.
[Pre-Local Government Recodification Citation: 19-5-2-36.]
As added by Acts 1981, P.L.309, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-53. Books, Records, and Accounts

Sec. 53. The books, accounts, records, and transactions of a public transportation corporation are subject to examination, audit, and supervision by the state board of accounts to the same extent as the books, accounts, records, and transactions of other municipal corporations and their officers and departments. However, in lieu of the system of accounts prescribed by the state board of accounts, a public transportation corporation may maintain its books, accounts, records, and transactions according to the financial accounting and reporting elements system, known as "Project Fare", that is established by the federal Urban Mass Transportation Administration.
[Pre-Local Government Recodification Citation: 19-5-2-31.]
As added by Acts 1981, P.L.309, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-54. Transportation of School Pupils; Contracts

Sec. 54. An urban mass transportation system operating under this chapter may be used for the transportation of pupils to and from schools under a contract made with any school corporation having jurisdiction within the taxing district of the public transportation corporation. The system is solely responsible for the bus drivers' employment and actions, but the bus drivers must meet the qualifications for drivers of school buses as provided in IC 20-27-8. The buses used for the rendition of service under this section need not meet the requirements of the statutes relating to the construction, equipment, and painting of school buses.
[Pre-Local Government Recodification Citation: 19-5-2-35.]
As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.1-2005, SEC.239.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-55. Interlocal Cooperation Agreements; Authorization

Sec. 55. Whenever the same urban mass transportation system operates on regularly scheduled routes within two (2) or more municipalities, the legislative bodies of those municipalities may enter into an interlocal cooperation agreement under IC 36-1-7 for the purpose of implementing this chapter upon mutually agreeable terms and conditions. The legislative bodies of the municipalities may adopt a joint ordinance establishing a public transportation corporation encompassing:
(1) the municipalities; and
(2) their suburban territory, as defined in IC 36-9-1-9.
[Pre-Local Government Recodification Citation: 19-5-2-33.]
As added by Acts 1981, P.L.309, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-56. Repealed

[Pre-Local Government Recodification Citation: 19-5-2-34.]
As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.23-1988, SEC.122. Repealed by P.L.72-1988, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-57. Improvement Reserve Fund

Sec. 57. (a) The board of directors of a public transportation corporation may, by resolution, establish an improvement reserve fund for the purpose of accumulating money over two (2) or more fiscal years for the following:
(1) The purchase of specified real property.
(2) The purchase of specified major equipment, including buses.
(3) The making of improvements to real property owned by the public transportation corporation.
(b) Transfers that are placed in an improvement reserve fund established under this section must be included in the annual budget of the public transportation corporation.
(c) The board of directors of a public transportation corporation may make an expenditure of money from an improvement reserve fund only after:
(1) holding a public meeting in accordance with section 22 of this chapter;
(2) the adoption by the board of a resolution under subsection (d); and
(3) approval by the department of local government finance.
(d) A resolution for expenditure from an improvement reserve fund established under this section must include the following:
(1) The specific amount of the expenditure.
(2) The specific use of the expenditure.
(3) A finding by the board of directors that the proposed use of funds complies with the restrictions under subsection (a).
(e) The money in the improvement reserve fund may not be considered in determining the corporation's property tax levy under this chapter or IC 6-1.1.
(f) The money in the improvement reserve fund at the end of the fiscal year does not revert to the general fund.
As added by P.L.317-1989, SEC.1. Amended by P.L.90-2002, SEC.508.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation › 36-9-4-58. Regulation of Department of State Revenue; Fares; Operating Expenses

Sec. 58. (a) An urban mass transportation system operating under this chapter is considered a common carrier not operating under a franchise or contract granted by a municipality and not regulated by ordinance, and is subject to the authority of the department of state revenue under IC 8-2.1 to the same extent as any other common carrier. However, in determining the reasonableness of the fares and charges of such a system, the department of state revenue shall consider, among other factors, the policy of this chapter to foster and assure the development and maintenance of urban mass transportation systems, and it is not necessary that the operating revenues of the system be sufficient to cover the cost to the system of providing adequate service.
(b) If a public transportation corporation providing public transportation services in Marion County expands its service through a public transportation project authorized and funded under IC 8-25, the public transportation corporation shall establish fares and charges that cover at least twenty-five percent (25%) of the operating expenses of the urban mass transportation system operated by the public transportation corporation. For purposes of this subsection, operating expenses include only those expenses incurred in the operation of fixed route services that are established or expanded as a result of a public transportation project authorized and funded under IC 8-25. The public transportation corporation annually shall report on the corporation's compliance with this subsection not later than sixty (60) days after the close of the corporation's fiscal year. The report must include information on any fare increases necessary to achieve compliance. The public transportation corporation shall submit the report to the department of local government finance and make the report available electronically through the Indiana transparency Internet web site established under IC 5-14-3.8.
(c) If a public transportation corporation fails to prepare and disclose the annual report in the manner required by subsection (b), any person subject to a tax described in IC 8-25 may initiate a cause of action in the circuit court or superior court of the eligible county to compel the appropriate officials of the public transportation corporation to prepare and disclose the annual report not later than thirty (30) days after a court order mandating the public transportation corporation to comply with subsection (b) is issued by the circuit court or superior court.
As added by P.L.99-1989, SEC.36. Amended by P.L.153-2014, SEC.20; P.L.84-2016, SEC.185.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 5. Special Fares and Programs for Transportation Systems › 36-9-5-1. Application of Chapter

Sec. 1. This chapter applies to the following boards:
(1) The board of directors of a public transportation corporation or regional transportation authority.
(2) The works board of a municipality that owns, operates, or leases a public transportation system.
(3) Any other board with comparable authority for public transportation.
[Pre-Local Government Recodification Citation: 19-5-7.5-1 part.]
As added by Acts 1981, P.L.309, SEC.78.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 5. Special Fares and Programs for Transportation Systems › 36-9-5-2. Reduced Fares for Persons 65 Years of Age or Older

Sec. 2. (a) A board may establish a special schedule of fares applicable to the transportation of persons sixty-five (65) years of age or older. The schedule may provide for fares that approximate in cost not more than one-half (1/2) of the public transportation system's regular one-way fare for transportation on regular routes within the system's service area. The reduced rate may also apply to transfers and other special services but may not apply to charter service or any transportation provided outside the service area.
(b) A board acting under this section may require a method of identification to be presented by a passenger to qualify for a reduced fare.
[Pre-Local Government Recodification Citation: 19-5-7.5-1 part.]
As added by Acts 1981, P.L.309, SEC.78.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 5. Special Fares and Programs for Transportation Systems › 36-9-5-3. Other Programs Authorized

Sec. 3. A board may also establish programs for classes of persons other than those described in section 2 of this chapter. These programs must be based on the needs of the persons to be served.
[Pre-Local Government Recodification Citation: 19-5-7.5-2 part.]
As added by Acts 1981, P.L.309, SEC.78.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 5. Special Fares and Programs for Transportation Systems › 36-9-5-4. Programs to Increase Use of Public Transportation

Sec. 4. A board may establish programs designed to increase the use of the public transportation system.
[Pre-Local Government Recodification Citation: 19-5-7.5-2 part.]
As added by Acts 1981, P.L.309, SEC.78.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-1. Application of Chapter

Sec. 1. This chapter applies to second and third class cities.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981, P.L.44, SEC.59.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-2. Supervision of Streets, Alleys, and City Property

Sec. 2. Unless otherwise provided by statute or ordinance, the works board shall supervise the streets, alleys, sewers, public grounds, and other property of the city, and shall keep them in repair and good condition. The works board shall provide for the cleaning of city streets and alleys.
[Pre-Local Government Recodification Citation: 18-1-6-16 part.]
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982, P.L.33, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-3. Custody, Maintenance, Improvement, and Construction of City Property

Sec. 3. (a) Unless otherwise provided by statute or ordinance, the works board has custody of and may maintain all real and personal property of the city.
(b) A city works board may design, order, contract for, and execute:
(1) all work required to improve or repair any real or personal property that belongs to or is used by the city; and
(2) the erection of all buildings and other structures needed for any public purpose.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982, P.L.33, SEC.44.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-4. Condemnation, Rental, and Purchase of Property

Sec. 4. The works board may condemn, rent, or purchase any real or personal property needed by the city for any public use, unless a different provision for purchase is made by statute or ordinance. However, the city legislative body may by ordinance:
(1) require that these condemnations, rentals, or purchases be included in a long-range capital expenditure program to be proposed by the works board and updated as required by the legislative body, but at least annually;
(2) require the works board to estimate, at least annually, expenditures needed for condemnations, rentals, and purchases for each successive fiscal year;
(3) approve, amend, or reject all or part of the long-range capital expenditure program and the proposed annual expenditures, before or during the adoption of the city budget; and
(4) specify the manner in which the works board must itemize the estimates of capital program expenditures for each fiscal year.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982, P.L.33, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-5. Approval of Plats

Sec. 5. The works board may approve plats under IC 36-7-3-3(d).
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-6. Public Ways and Sidewalks; Laying Out, Opening, and Changing; Grades

Sec. 6. (a) The works board may lay out, open, change, and fix or change the grade of any public way, sidewalk, or public place in the city.
(b) The works board may keep a record of the grades of all public ways and sidewalks in the city.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981, P.L.46, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-7. Streets, Alleys, Wharves, and Public Places; Improvements and Repairs

Sec. 7. The works board may design, order, contract for, and execute all work required to improve or repair any street, alley, wharf, or public place within the city.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-8. Public Places; Cleaning and Sprinkling

Sec. 8. The works board may, by contract or otherwise, clean and sprinkle any public place within the city.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-9. Streets, Alleys, and Public Places; Lighting

Sec. 9. The works board may erect lampposts or other lighting apparatus in the streets, alleys, and public places of the city.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-10. Drains and Sewers; Plans; Construction

Sec. 10. (a) The works board may prepare a uniform plan for the drainage and sewerage of the city.
(b) The works board may lay out, design, order, contract for, and execute the construction, alteration, and maintenance of all public drains or sewers necessary to carry off the drainage of the city.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-11. Sewage Disposal and Treatment Works

Sec. 11. The works board may erect, maintain, and operate works for the collection, treatment, and disposal of sewage.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-12. Culverts, Bridges, and Aqueducts

Sec. 12. The works board may design, order, contract for, and cause the erection of any culvert, bridge, or aqueduct within the city, or may enter in a contract for the joint erection and maintenance of such a structure by the city and a company or individual.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-13. Utility and Transportation Structures; Authorization

Sec. 13. (a) A contract under this section must be submitted to the city legislative body and does not take effect until approved by ordinance of the legislative body.
(b) The works board may authorize a telegraph, telephone, electric light, gas, water, steam, railroad, or interurban company to use and erect necessary structures in any street, alley, or public place in the city. The works board may prescribe the terms and conditions of uses under this section and may fix by contract the price to be charged to the company.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-14. Excavations

Sec. 14. The works board may license the making of excavations from the surface or underneath the surface of a street, alley, or public place in the city. The works board may require bond to pay for damages caused by excavations and to secure the proper repair of the street, alley, or public place.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-15. Removal of Structures From Streets, Alleys, and Public Places

Sec. 15. The works board may order the removal of any structure in a street, alley, or public place of the city. If the person maintaining the structure fails to remove it, the works board may remove it at the person's expense.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79. Amended by P.L.127-2017, SEC.287.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-16. Levees

Sec. 16. The works board may design, order, contract for, and cause the erection of levees for the city.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-17. Watercourses; Improvements

Sec. 17. The works board may straighten, deepen, or otherwise improve any natural or artificial watercourse.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-18. Private Watercourses; Bridges

Sec. 18. The works board may require the owners of canals and watercourses to construct and maintain bridges across them at street and alley intersections.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-19. Removal and Disposal of Refuse

Sec. 19. The works board may, by contract or otherwise, remove all dead animals, rubbish, and other refuse from the city. The works board may erect crematories or other plants for the destruction and disposal of this refuse.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-20. Maps and Records of Pipes and Conduits

Sec. 20. The works board may maintain a map and record of all pipes and conduits in the city for sewers, gas, water, electric wire, heat, and other purposes, showing their size, depth, inclination, location, and date of construction.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-21. Private Lots and Tracts; Drainage and Fill; Expenses

Sec. 21. (a) The works board may fill or drain, at the owner's expense, any lot or tract within the city, or within four (4) miles from its corporate boundaries if the water on the lot or tract is or may become injurious to the public health and comfort. However, no more than twenty percent (20%) of the value of the lot or tract, as assessed on the tax duplicate, may be expended in filling or draining the lot or tract in any (1) year.
(b) The expenses of the works board under this section are a lien against the lot or tract. This lien may be collected by foreclosure or by placing it on the tax duplicate.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-22. Restrooms and Fountains

Sec. 22. The works board may construct restrooms and fountains in public places.
[Pre-Local Government Recodification Citation: 18-1-6-15 part.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-23. Payment of Expenses

Sec. 23. All expenses incurred or authorized by the works board under this chapter are payable out of the general fund of the city, from appropriations made for the use of the board and available for the particular purpose, unless a statute specifically directs that the expenses are to be paid by assessments against owners of real property.
[Pre-Local Government Recodification Citations: 18-1-6-16 part; 18-1-6-19.]
As added by Acts 1981, P.L.309, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6. City Works Board › 36-9-6-24. Performance of Work by Contract or by Employees of Board

Sec. 24. (a) If any work ordered or undertaken by the works board is payable out of the general fund of the city, it may cause the work to be done by independent contract or by employees of the board.
(b) If any work ordered or undertaken by the works board is payable, in whole or in part, from assessments made for that purpose upon the real property benefited by the work, the works board shall have the work done by contract, unless otherwise provided by statute.
[Pre-Local Government Recodification Citation: 18-1-6-16 part.]
As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1981, P.L.317, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-0.1. Application of Chapter

Sec. 0.1. The addition of this chapter by P.L.220-1986 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if this act had not been enacted.
As added by P.L.220-2011, SEC.681.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-1. Application of Chapter

Sec. 1. This chapter applies to each unit that:
(1) has established an advisory plan commission or a metropolitan plan commission under IC 36-7-4-202; or
(2) is participating in an area planning department established under IC 36-7-4-202.
As added by P.L.220-1986, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-2. Units Adopting a Thoroughfare Plan; Tax Levy; Collection; Fund

Sec. 2. (a) The fiscal body of a unit that has adopted a thoroughfare plan under IC 36-7-4 may levy a tax of five cents ($0.05) on each one hundred dollars ($100) of taxable property in the unit. The tax may be levied annually, in the same way that other property taxes are levied.
(b) The taxes levied under this section shall be collected in the same manner as other property taxes and deposited in a separate and continuing fund to be known as the thoroughfare fund. The fiscal officer of the unit may make payments or transfers from this fund only on warrants of the works board for work related to the thoroughfare plan.
As added by P.L.220-1986, SEC.30. Amended by P.L.6-1997, SEC.217.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-3. Works Board Carrying Out Thoroughfare Plan; Powers

Sec. 3. Except as provided in section 5 of this chapter, a works board carrying out a thoroughfare plan under this chapter:
(1) has the same powers to:
(A) appropriate or condemn property;
(B) lay out, change, widen, straighten, or vacate public ways or public places;
(C) award and pay damages; and
(D) assess and collect benefits;
(2) shall proceed in the same manner; and
(3) is subject to the same rights of property owners, including the right to appeal;
as a works board that appropriates property under IC 32-24 and lays out, changes, widens, straightens, or vacates public ways or public places under IC 36-9-6.
As added by P.L.220-1986, SEC.30. Amended by P.L.2-2002, SEC.120.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-4. Adoption of Resolution for Proposed Project

Sec. 4. A works board that wants to proceed with a project in order to carry out a thoroughfare plan may adopt a resolution:
(1) describing the proposed project;
(2) setting out the items necessary for completion of the project;
(3) including complete plans and specifications for all parts of the project other than the appropriation of property;
(4) including an estimate by the civil engineer of the unit of the total cost of the project; and
(5) describing the property benefited by the project, if any, that will be subject to assessment for that benefit.
As added by P.L.220-1986, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-5. Plans, Specifications, and Contracts for Proposed Project; Preparation and Adoption

Sec. 5. Plans, specifications, and contracts for a project proposed under section 4 of this chapter must be prepared, adopted, and let in the manner required by IC 36-9-36, except that the provisions of IC 36-9-36 for remonstrance by resident freeholders do not apply. Separate phases of a project may be included in separate plans and specifications, and the work on separate phases may be done by contract or otherwise, as separate improvements.
As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-6. Authorized Projects

Sec. 6. Projects proposed under section 4 of this chapter may include:
(1) the appropriation of property;
(2) the opening, changing, widening, straightening, or vacating of any public way, public way crossing, railway, right-of-way, or public place in the unit;
(3) the removal of any pavement, sidewalk, curb, parkway, building, or other structure;
(4) the grading of any public way or public place; or
(5) the construction or reconstruction of any pavement, street, sidewalk, curb, or structure.
As added by P.L.220-1986, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-7. Notice and Hearing on Resolution; Contents of Notice

Sec. 7. After publication of notice in accordance with IC 5-3-1, the works board shall hold a public hearing on the resolution adopted under section 4 of this chapter. The notice must:
(1) fix the date of the hearing;
(2) state that the resolution will be considered at the hearing; and
(3) state that persons interested in or affected by the proposed project may speak at the hearing.
As added by P.L.220-1986, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-8. Hearing; Objections; Determinations by Works Board

Sec. 8. At the hearing under section 7 of this chapter, the works board shall consider objections to the proposed project and, if it decides to proceed with the project, shall:
(1) determine what part of the cost of the project or any separate phase of the project, including damages increased by a court on appeal, shall be paid by the unit out of the thoroughfare fund as a benefit to the unit at large;
(2) determine what part, if any, of the cost of the project or any separate phase of the project, including damages awarded by the works board, shall be assessed as benefits on the real property within a special benefit district, and fix the boundaries of that district; and
(3) take final action, which is conclusive on all persons, confirming, modifying, or rescinding its original resolution.
As added by P.L.220-1986, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-9. Approval of Project; Assessment of Cost

Sec. 9. If the works board approves a project and decides to assess a part of the cost of that project against the property specially benefited, the board shall:
(1) advertise for bids;
(2) let contracts; and
(3) assess costs;
for the whole project or separate phases of the project, in the manner prescribed by IC 36-9-36.
As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 6.1. Thoroughfare Projects › 36-9-6.1-10. Rights of Affected Property Owners

Sec. 10. The owners of property affected by an assessment under section 9 of this chapter have the same rights as property owners affected by an assessment under IC 36-9-36.
As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.14.