28-6305. Construction account; expenditures;
construction contracts
A. Except as provided in subsection B of this section, monies in the construction
account of the regional area road fund shall be spent, pledged or accumulated for the
purposes provided in section 28-6304, subsection C, paragraphs 4 and 5, including payment
of interest on and repayment of bonds and obligations issued pursuant to chapter 21 of
this title if the proceeds of the bonds or obligations are used for the purposes provided
in section 28-6304, subsection C, paragraphs 4 and 5.
B. Of the monies deposited in the construction account of the regional area road
fund under section 28-6303, the state treasurer shall:
1. In each fiscal year, divide and equally distribute five million dollars to:
(a) The public transportation fund established in that county under section
48-5103.
(b) The regional planning agency in that county for planning and administration of
the regional transportation plan approved pursuant to section 28-6308. The state
treasurer shall distribute monies under this subdivision through the department on or
before June 30 of each year.
2. Beginning with fiscal year 1987-1988, adjust the monies distributed under
paragraph 1 by the annual percentage change for the previous calendar year in the GDP
price deflator as defined in section 41-563.
C. The monies distributed under subsection B of this section shall only be spent
for planning and administering the regional transportation plan approved pursuant to
section 28-6308 and the costs incurred by the auditor general relating to performance
audits under section 28-6313. Before the beginning of each fiscal year, the respective
governing bodies of the members of the regional planning agency and the board of
directors of the regional public transportation authority shall explicitly identify and
approve in the annual budgets the monies to be spent under subsection B of this section
for the purposes allowed under this subsection. These expenditures are subject to the
annual audit of the governing bodies' financial transactions.
D. The director may enter into construction contracts or contracts incidental to
construction contracts payable from monies in either the bond proceeds account or the
construction account or both the bond proceeds and construction accounts.
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