CHAPTER 9. LOCAL COUNTY ROAD AND BRIDGE BOARD
IC 8-14-9
Chapter 9. Local County Road and Bridge Board
IC 8-14-9-1
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-14-9-2
Repealed
(Repealed by Acts 1982, P.L.1, SEC.71.)
IC 8-14-9-3
Board; establishment; taxing district
Sec. 3. The county council of a qualified county may establish alocal county road and bridge board to be known as the Local CountyRoad and Bridge Board of ___________ (insert the name of thequalified county) and a special taxing district to be known as theLocal County Road and Bridge District of ___________ (insert thename of the qualified county). The territory which is within theboundaries of a qualified county constitutes the territory of a specialtaxing district established by the county council of that qualifiedcounty under this chapter.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-4
Members; tenure; compensation
Sec. 4. (a) The local county road and bridge board consists ofthree (3) members appointed by the president of the county councilof the county.
(b) All terms of office begin on January 1 and end on December31. Members of the board serve two (2) year terms. If a vacancyoccurs, a qualified person shall be appointed by the president of thecounty council of the county to serve for the remainder of the term.
(c) A member of the board may be removed for cause by thepresident of the county council of the county.
(d) Members of the board may not receive a salary. However,board members shall receive reimbursement for necessary expenses,but only if the expenses are incurred in the performance of theirduties.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-5
Construction projects; adoption of resolution
Sec. 5. (a) Whenever the local county road and bridge boarddetermines that it is necessary for the general welfare of the personsresiding within the local county road and bridge district and that itwill be of public utility and benefit to the property in the district tocarry out a project of construction, reconstruction, or operation ofroads or bridges, or both, within the district, the board shall adopt aresolution stating the necessity of the project and the intent of the
district to proceed with the project.
(b) As a part of the resolution, the local county road and bridgeboard shall:
(1) adopt preliminary or final plans and specifications for theentire project; and
(2) determine the estimated cost of all work and all acquisitionsnecessary to carry out the project.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-6
Resolution; public inspection; notice; hearing
Sec. 6. (a) A resolution adopted under section 5 of this chaptershall be made available for public inspection. The board shall publishnotice of the adoption. The notice must contain a general descriptionof the resolution, and it must indicate that the resolution and includedmaterials may be inspected at a specified location.
(b) The notice shall be published in one (1) newspaper of generalcirculation within the local county road and bridge district once eachweek for two (2) consecutive weeks.
(c) The notice shall specify a date, not less than ten (10) days afterthe date of last publication, on which the board will conduct ahearing at which interested or affected parties may object to theresolution.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-7
Remonstrances; filing; hearing and decision
Sec. 7. (a) At or before the time fixed under section 6 of thischapter for a hearing, any interested or affected party may file withthe board a written remonstrance against the proposed project, inwhole or in part. At the hearing, which may be adjourned from timeto time, the board shall hear all interested persons, and shall finallydetermine if the project, in whole or in part, is necessary for thegeneral welfare of the persons residing in the district and will be ofpublic utility and benefit to the property in the district. The boardmay confirm, modify, or rescind the resolution.
(b) The board shall keep a record of its decision on each proposedproject, and submit the decision as a resolution to the county councilof the qualified county.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-8
Resolution; approval by county council; duties of board
Sec. 8. If the county council of a qualified county approves aresolution submitted to it under section 7(b) of this chapter, the localcounty road and bridge board shall, for purposes of carrying out theproject:
(1) let contracts, in accordance with IC 5-17-1;
(2) acquire real estate; and
(3) employ persons by special contract to render professional or
consulting services.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-9
Modification of approved projects; new resolutions
Sec. 9. (a) The local county road and bridge board may modify aproject approved under section 8 of this chapter if:
(1) the modification is necessary to carry out the purpose andintent of the resolution; and
(2) the modifications do not increase the estimated costdetermined under section 5(b) of this chapter.
(b) Any modification which does not meet the requirementsprescribed by subsection (a) must be made by a new resolution thatis adopted and approved in the manner provided by sections 5through 8 of this chapter.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-10
Bonds; issuance; limitations; approval
Sec. 10. (a) Subject to the limitations imposed by this section, thelocal county road and bridge board may issue bonds in the name ofthe qualified county for the benefit of the local county road andbridge district. The bonds shall be issued for the purpose of raisingmoney to acquire lands or rights-of-way, and to pay for any capitalimprovement, necessary for the construction, reconstruction, oroperation of roads or bridges, or both, within the district. The localcounty road and bridge board may appropriate the proceeds of thebonds.
(b) The amount of bonds to be issued may not exceed theestimated cost of:
(1) all lands and rights-of-way to be acquired;
(2) capital improvements;
(3) supervision and inspection fees during the period ofconstruction or reconstruction;
(4) programming, planning, and designing the capitalimprovements; and
(5) all necessary expenses, including publication of notices,engineering fees, architectural fees, and legal fees, incurred inacquiring property, letting contracts, and selling bonds for theproject.
The amount of bonds issued for the project may not exceed theestimated cost determined under section 5(b) of this chapter. Inaddition, the amount of outstanding bonds issued by a county underthis chapter may not exceed two percent (2%) of the adjusted valueof taxable property located within the local county road and bridgedistrict as determined under IC 36-1-15.
(c) The local county road and bridge board may issue bonds underthis chapter only if the issuance of those bonds has been approvedby:
(1) the county council of the qualified county; and (2) the department of local government finance as required byIC 6-1.1-18.5-8.
(d) A local county road and bridge board may issue bonds underthis chapter only if:
(1) the county motor vehicle excise surtax (IC 6-3.5-4) and thecounty wheel tax (IC 6-3.5-5) are in effect in the county inwhich the local county road and bridge district is located;
(2) the county motor vehicle excise surtax is being imposed atthe maximum allowable rate; and
(3) the county in which the local county road and bridge districtis located has not obtained a loan under IC 8-14-8.
(e) No bonds may be issued under this section after June 30, 1984.
As added by Acts 1981, P.L.88, SEC.13. Amended by P.L.73-1983,SEC.17; P.L.3-1990, SEC.31; P.L.6-1997, SEC.134; P.L.90-2002,SEC.318.
IC 8-14-9-11
Bonds; disclaimer; revenues for payment
Sec. 11. The face of each bond shall include a statement that thebond does not constitute a corporate obligation or indebtedness ofthe qualified county and that the bond principal and interest arepayable only out of the revenues of the local county road and bridgedistrict.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-12
Bonds; tax exemption; application of laws
Sec. 12. All bonds and interest on bonds issued under this chapterare exempt from taxation as provided under IC 6-8-5-1. All generallaws relating to:
(1) the filing of a petition requesting the issuance of bonds;
(2) the right of:
(A) taxpayers and voters to remonstrate against the issuanceof bonds, in the case of a proposed bond issue described byIC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds, in the case of aproposed bond issue described by IC 6-1.1-20-3.5(a);
(3) the appropriation of the proceeds of the bonds and theapproval of the appropriation by the department of localgovernment finance; and
(4) the sale of bonds at public sale for not less than par value;
are applicable to proceedings under this chapter.
As added by Acts 1981, P.L.88, SEC.13. Amended by P.L.90-2002,SEC.319; P.L.219-2007, SEC.93; P.L.146-2008, SEC.362.
IC 8-14-9-13
Tax; imposition; limitation
Sec. 13. For the purpose of raising money to pay bonds issuedunder section 10 of this chapter as the bonds severally mature, andto pay all interest accruing on the bonds, the county council of a
qualified county may, notwithstanding IC 8-18-8-5, impose a specialtax on all real and personal property located within the local countyroad and bridge district. However, the county council may onlyimpose a tax under this section for a particular budget year to theextent that the estimated revenues that the county will receive fromthe county motor vehicle excise surtax and the county wheel taxduring that budget year will be insufficient to pay the principal andinterest coming due on those bonds during that budget year. Thespecial tax constitutes the amount of benefits to the property whichresult from carrying out a project under this chapter.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-14
Local county road and bridge district bond fund; deposits;exemption; use
Sec. 14. (a) A separate fund known as the local county road andbridge district bond fund is created for deposit of the followingmonies:
(1) revenues collected from the tax imposed under this chapter;
(2) any appropriation made under section 16 of this chapter; and
(3) any proceeds remaining from the sale of bonds afterpayment of all costs and expenses described in section 10(b) ofthis chapter.
In addition, if there are any outstanding bonds issued under thischapter, then revenues received by the county from the county motorvehicle excise surtax and the county wheel tax shall, notwithstandingIC 6-3.5-4-13 and IC 6-3.5-5-15, be deposited in the local countyroad and bridge district bond fund. However, this subsection does notapply to county motor vehicle excise surtax and county wheel taxrevenues which are to be distributed under IC 6-3.5-4-13 andIC 6-3.5-5-15 to cities and towns located in the county.
(b) Monies in the fund shall be used only for payment of localcounty road and bridge district bonds as they severally mature, andthe interest on those bonds.
(c) Monies in the fund shall be deposited with one (1) depositoryof other funds of the qualified county. Interest accruing on monies inthe fund belongs to the fund.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-15
Local county road and bridge construction fund; use; deposits
Sec. 15. (a) All proceeds from the sale of bonds issued under thischapter shall be deposited in a separate fund known as the localcounty road and bridge district construction fund. Monies in the fundshall be used to pay for:
(1) any lands or rights-of-way to be acquired for roads orbridges, or both, within the local county road and bridgedistrict;
(2) any capital improvement necessary for the construction,reconstruction, or operation of roads or bridges, or both, within
the local county road and bridge district; and
(3) any other necessary expenses incurred in carrying out theproject.
Monies in the fund may not be used to pay the salaries of employeesof the qualified county.
(b) Monies in the fund shall be deposited with any depository ofpublic funds of the qualified county. Interest accruing on monies inthe fund belongs to the fund.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-16
Bonds; payment; appropriation
Sec. 16. The county council may annually appropriate othermonies to the local county road and bridge district bond fund to paybonds as they severally mature, and to pay interest on the bonds inthe year following the appropriation.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-17
Expenditures not subject to Geometric Design Guide for LocalRoads and Streets
Sec. 17. Notwithstanding any other law, expenditures made fromthe local county road and bridge district construction fund are notsubject to the provisions of the Geometric Design Guide for LocalRoads and Streets.
As added by Acts 1982, P.L.79, SEC.3. Amended by P.L.86-1988,SEC.16.