Title 36, LOCAL GOVERNMENT

Sec. 9. (a) Except as provided in subsection (c), a member of a regularly organized and paid fire department may not be required to work more than an average of fifty-six (56) hours per week. However, if on September 1, 1985, a fire department was using sixty-three (63) hours as …

Sec. 1. This chapter applies to all municipalities. [Pre-Local Government Recodification Citation: 19-5-2-3 part.] As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.182-2009(ss), SEC.451; P.L.119-2012, SEC.227; P.L.121-2016, SEC.40.

Sec. 10. (a) If, as a result of its studies under section 9 of this chapter, the municipal legislative body finds that public acquisition of the system would fulfill one (1) or more of the conditions listed in section 5(a)(2) of this chapter, it may adopt an ordinance: (1) declar…

Sec. 11. (a) The legislative body of a municipality may study whether it is in the public interest that a system be established and maintained under this chapter by the municipality. The legislative body shall pay for these studies by an appropriation from the general fund of the…

Sec. 12. A public transportation corporation is a separate municipal corporation, which shall be known as "__________________ Public Transportation Corporation" (designating the name of the municipality). [Pre-Local Government Recodification Citation: 19-5-2-10 part.] As added by…

Sec. 13. (a) After the creation of a public transportation corporation, territory may be added to the taxing district of the corporation only in accordance with this section. (b) If the municipality finalizes an annexation or disannexation of territory, the boundaries of the taxi…

Sec. 13.5. (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 insid…

Sec. 14. (a) A public transportation corporation is under the control of a board of directors, which shall exercise the executive and legislative powers of the corporation. (b) Directors must be residents of the taxing district of the corporation. [Pre-Local Government Recodifica…

Sec. 15. (a) The board of directors of a public transportation corporation in a city consists of either five (5) or seven (7) directors, as determined by the city legislative body. (b) If the board of directors consists of five (5) directors, they are: (1) two (2) directors appoi…

Sec. 16. (a) The board of directors of a public transportation corporation in a town consists of either five (5) or seven (7) directors, as determined by the town legislative body. All the directors shall be appointed by the legislative body. (b) If the board of directors consist…

Sec. 17. The appointing authorities shall make appointments to the board of directors under section 15 or 16 of this chapter so that the number of directors belonging to either of the two (2) major political parties does not exceed the number belonging to the other by more than o…

Sec. 18. (a) On the expiration of the term of office of a director of a public transportation corporation, the appointing authority shall appoint a director for a term of four (4) years and until the director's successor is appointed and qualified. (b) If a director leaves office…

Sec. 19. A director of a public transportation corporation may be impeached under IC 5-8-1. [Pre-Local Government Recodification Citation: 19-5-2-12 part.] As added by Acts 1981, P.L.309, SEC.77.

Sec. 2. For purposes of this chapter, the "management" of an urban mass transportation system is: (1) the board of directors, for a corporation; (2) the majority of the partners, for a partnership in which the partners have equal rights in the management and control of the partne…

Sec. 20. A director of a public transportation corporation is entitled to: (1) compensation of not more than one thousand two hundred dollars ($1,200) annually, as determined in the budget; and (2) reimbursement for any expenses incurred in the interest of the board of directors.…

Sec. 21. On the first day of the first month after their appointment, and annually after that, the directors of a public transportation corporation shall elect one (1) director as chair of the board and one (1) director as secretary. [Pre-Local Government Recodification Citation:…

Sec. 22. (a) The board of directors of a public transportation corporation shall, by rule, provide for regular meetings to be held at designated intervals throughout the year. (b) The board shall convene in a special meeting whenever such a meeting is called by the chair or by a …

Sec. 23. (a) A majority of the board of directors of a public transportation corporation constitutes a quorum for a meeting. (b) The board may act officially by affirmative vote of a majority of those present at the meeting at which the action is taken. (c) The board shall keep a…

Sec. 24. (a) A director of a public transportation corporation may introduce a proposed draft of an ordinance at a meeting of the board of directors. A director who introduces a proposed draft of an ordinance must provide, at the time of introduction, a written copy of the propos…

Sec. 25. (a) At a meeting for which notice has been given under section 24 of this chapter, the board of directors of a public transportation corporation may take final action on the proposed ordinance or may postpone final consideration of it to a designated meeting in the futur…

Sec. 26. The board of directors of a public transportation corporation may provide for the printing of all or part of the ordinances of the corporation in pamphlet form or in bound volumes, and may distribute them without charge or may charge the cost of printing and distribution…

Sec. 27. (a) The board of directors of a public transportation corporation shall appoint a qualified person to serve as controller. The controller is the chief fiscal officer of the corporation, and the controller must give bond in the sum and with the conditions prescribed by th…

Sec. 28. (a) The board of directors of the public transportation corporation and the management of the urban mass transportation system shall negotiate for the purchase of all the real and personal property, licenses, rights, and interests of the system by the corporation, unless…

Sec. 29. (a) Upon acquisition of the necessary property by a public transportation corporation, the board of directors of the corporation may: (1) operate and maintain the system; (2) lease the system to any operator; or (3) contract for the use of the system by any operator. (b)…

Sec. 29.4. (a) This section does not apply to a public transportation corporation located in a county having a consolidated city. (b) A public transportation corporation may provide regularly scheduled passenger service to specifically designated locations outside the system's op…

Sec. 3. The establishment of an urban mass transportation system under this chapter is a public use and purpose for which public money may be spent and private property may be acquired. [Pre-Local Government Recodification Citation: 19-5-2-2(i).] As added by Acts 1981, P.L.309, S…

Sec. 30. The board of directors of a public transportation corporation may: (1) acquire by grant, purchase, gift, lease, or otherwise; and (2) hold, use, sell, lease, or dispose of; real and personal property, licenses, patents, rights, and interests necessary or convenient for t…

Sec. 31. The board of directors of a public transportation corporation may adopt a seal to be impressed upon its instruments and may provide for the impression of that seal by printed or lithographic facsimile. An executed instrument bearing the seal of the board is prima facie e…

Sec. 32. (a) The board of directors of a public transportation corporation may exercise the power of eminent domain for the condemnation of any interest in real or personal property for use within the taxing district of the corporation. (b) Proceedings for the condemnation of pro…

Sec. 33. The board of directors of a public transportation corporation may contract with any person upon the terms and conditions the board considers best for the corporation including the following: (1) Contracting for self-insurance protection of its property or liability under…

Sec. 34. The board of directors of a public transportation corporation may enter into agreements with any urban mass transportation system operating in territory contiguous to the taxing district of the corporation, for: (1) the operation and maintenance of that system, including…

Sec. 35.1. The board of directors of a public transportation corporation shall, by ordinance, make rules governing the use, operation, and maintenance of the urban mass transportation system. The board may determine all rates, routings, and hours and standards of service and may …

Sec. 36. The board of directors of a public transportation corporation may, in the name of the corporation, sue or be sued in court. Service of process shall be made by service upon the secretary of the board, and notice must be served upon the secretary in the manner and form re…

Sec. 37. (a) The board of directors of a public transportation corporation may appoint or employ a general manager, accountants, attorneys, traffic engineers, drivers, clerks, secretaries, guards, laborers, and other employees, and may prescribe and define their duties, regulate …

Sec. 38. The board of directors of a public transportation corporation may make traffic surveys, population surveys, and any other surveys and studies it considers useful in the operation of urban mass transportation systems. [Pre-Local Government Recodification Citation: 19-5-2-…

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…

Sec. 4. (a) If the management of an urban mass transportation system in any municipality finds that the system is unable to render adequate service within the municipality or that there is imminent danger that the system will be unable to render that service, the management of th…

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.

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 manage…

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 c…

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 municipalit…

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 ordinan…

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 t…

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 …

Sec. 47. (a) The board of directors of a public transportation corporation may: (1) borrow money in anticipation of receipt of the proceeds of taxes that have been levied by the board and have not yet been collected; and (2) evidence this borrowing by issuing warrants of the corp…

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 m…