Indiana Code 36-7.5-4.5-17. Transit development district; establishment; conditions; geographic area
(b) A district must satisfy the following conditions:
Terms Used In Indiana Code 36-7.5-4.5-17
- associate member: refers to a county or municipality that adopted an ordinance or resolution under section 16 of this chapter specifying that the county or municipality has chosen to become an associate member. See Indiana Code 36-7.5-4.5-0.5
- district: refers to a transit development district established by the development authority under this chapter. See Indiana Code 36-7.5-4.5-6
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) The district must be within a county that is a member or associate member of the development authority or a financially participating county under this chapter.
(3) The initial area of the district must not be more than five-tenths (0.5) of a square mile but the area may be expanded under subsection (d).
(4) The train station or regular train stop, including accompanying parking lots (if applicable), must be located within the area of the district.
(5) All parcels within the district must be contiguous.
The area of a district may include a tax area established under IC 36-7-14 before January 1, 2017.
(c) Notwithstanding subsection (b), a district may be established in a municipality that is located in a county that is a member of the development authority and has operated:
(1) regularly scheduled commuter bus services to Chicago, Illinois, with prior financial assistance from the development authority; and
(2) shuttle bus services that transport riders to:
(A) a train station; or
(B) a regular train stop;
along the Chicago to South Bend line.
(d) The development authority shall adopt a resolution to establish a district. The resolution must include:
(1) the termination date of the district in accordance with subsection (g); and
(2) findings by the development authority specifying that the conditions set forth in subsection (b) or (c) are satisfied.
A district may not be reduced in territory once established or expanded to be more than one (1) square mile. A district’s territory may be expanded subject to the other conditions set forth in subsection (b) or (c). A district may be expanded only one (1) time under this chapter. The development authority shall transmit a copy of any resolution establishing or expanding a district to the budget director, who shall distribute it to the members of the budget committee.
(e) The date a district becomes established or an expansion of a district becomes effective may not be earlier than the date the budget committee reviews the establishment or expansion of the district.
(f) The establishment of a district does not provide the development authority with any powers or preempt any authority of a political subdivision having jurisdiction in the district concerning the regulation of property or its uses, including planning and zoning provisions of the political subdivision.
(g) A district terminates at the earlier of:
(1) the end of the year in which all financing obligations entered into under this chapter for a project within the district are satisfied; or
(2) June 30, 2047.
As added by P.L.248-2017, SEC.10. Amended by P.L.210-2023, SEC.1.