CHAPTER 1. OPERATION AND FINANCING OF STATE BRIDGES TO ADJOINING STATES
IC 8-16
ARTICLE 16. BRIDGES AND TUNNELS
IC 8-16-1
Chapter 1. Operation and Financing of State Bridges to AdjoiningStates
IC 8-16-1-0.1
Definitions
Sec. 0.1. As used in this chapter:
"Authority" refers to the Indiana finance authority establishedunder IC 4-4-11.
"Department" refers to the Indiana department of transportation.
As added by Acts 1980, P.L.74, SEC.259. Amended by P.L.109-1983,SEC.30; P.L.68-1988, SEC.15; P.L.18-1990, SEC.143;P.L.235-2005, SEC.117.
IC 8-16-1-0.5
Applicability
Sec. 0.5. This chapter does not apply to a project under IC 8-15.5or IC 8-15.7 that is located within a metropolitan planning area (asdefined by 23 U.S.C. 134) and that connects the state of Indiana withthe commonwealth of Kentucky.
As added by P.L.85-2010, SEC.22.
IC 8-16-1-1
Powers of authority
Sec. 1. (a) The authority shall have the power:
(1) to make and enter into all contracts or agreements; and
(2) to do all things necessary or incidental to the performanceof its duties and the execution of its powers under this chapter.
(b) The authority may employ engineering, architectural, andconstruction experts, inspectors, and such other employees as may benecessary in its opinion to implement this chapter and fix theircompensation, all of whom shall do such work as the authority maydirect. All expenses so incurred by the authority shall be paid solelyfrom funds provided under the authority of this chapter.
(c) This chapter:
(1) applies to the authority only when acting for the purposesset forth in this chapter; and
(2) does not apply to the authority when acting under any otherstatute for any other purpose.
(Formerly: Acts 1939, c.79, s.1; Acts 1965, c.249, s.1.) As amendedby Acts 1980, P.L.74, SEC.260; P.L.109-1983, SEC.31;P.L.235-2005, SEC.118.
IC 8-16-1-2
Power and authority; "bridge" defined
Sec. 2. (a) The authority is authorized and empowered toconstruct, to acquire by purchase or otherwise, or to condemn in the
manner prescribed by IC 8-23-7 highway bridges and the approachesthereto over and across any river or stream forming the boundarybetween Indiana and any adjoining state whenever the bridge or anypart thereof or the approach thereto will extend within Indiana, andto enlarge, extend and improve such bridges. This chapter shall applyalthough such river may be located either partially or solely withinthe territorial limits of such adjoining state.
(b) The authority is further authorized and empowered toconstruct toll roads or highways, together with such approaches,avenues of access, fills, causeways, connecting bridges, or ferries, asshall be necessary, appurtenant, or incidental to such bridge, ferry,or ferries, from or to any place or places within the state of Indiana,or to places in adjoining states, and to enlarge, extend, and improvesuch toll roads or highways. Any toll road or highway shall bedeemed to be necessary, appurtenant, or incidental to such bridge ifit connects any such bridge with either a federal interstate highway,a federal highway, or a state highway, or any one (1) or more of suchhighways. Said toll roads or highways may be constructed:
(1) as separate projects or as combined projects; or
(2) in conjunction with the construction or acquisition of aninterstate bridge or bridges authorized by this chapter, as acombined project.
(c) The authority may enter into agreements with the departmentfor the construction or operation or maintenance of any suchnecessary, appurtenant, or incidental toll road or highway.
(d) The authority may enter into contracts or agreements with thedepartment and any combination of the appropriate departments ofany other states, whereby the department will assume the control,management, maintenance, upkeep and repair of any bridge, asdefined in this section, and levy and collect tolls for the use thereof,whenever:
(1) any such bridge has been constructed by an agency of thestate or an agency of the state as a joint project with any otherstate or states; and
(2) such bridge has been constructed by participation with thefederal government under such terms as shall permit the state orstates to recover its contribution of the cost of the bridge by thecollection of tolls for the use thereof.
(e) The authority may also provide in such contracts oragreements as provided in subsection (d) to:
(1) retain from the tolls so collected an amount sufficient tocover its administrative costs, the costs of the repair,maintenance, and upkeep of the bridge; and
(2) pay the remainder of the tolls to the participating states asreimbursement of their contribution of the cost of the bridge.
(f) Whenever the term "bridge" is used in this chapter, said termshall mean such interstate bridges or such toll roads or highwaysseverally as separate projects or collectively to any two (2) or moreof such interstate bridges or toll roads or highways as combinedprojects. All of the provisions of this chapter relating to bridges shall
apply fully to such interstate bridges or such toll roads or highwaysas separate projects or to any combination of two (2) or more of suchinterstate bridges or toll roads or highways as combined projects.However, any engineers appointed or employed in connection withany toll roads or highways shall be designated by the authority ordepartment subject to such approval of the purchasers of any revenuebonds issued pursuant to this chapter as may be provided in theproceedings authorizing the issuance of such revenue bonds.
(Formerly: Acts 1939, c.79, s.2; Acts 1941, c.217, s.1; Acts 1951,c.296, s.1; Acts 1959, c.191, s.1; Acts 1971, P.L.100, SEC.1.) Asamended by Acts 1980, P.L.74, SEC.261; P.L.109-1983, SEC.32;P.L.18-1990, SEC.144.
IC 8-16-1-3
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-16-1-4
Studies regarding interstate bridges
Sec. 4. (a) Subject to IC 8-9.5-8-5, the authority is authorized toinquire into the necessity and existing need for the construction, oracquisition by purchase or otherwise or by condemnation, of anyinterstate bridge between the state of Indiana and any adjoining stateover any stream which forms the boundary between the state ofIndiana and any such state; or the enlargement, extension of, orimprovement of such bridge. For the purpose of such inquiry, theauthority may employ engineers, construction experts, and inspectorsand fix their compensation.
(b) The authority may cause to be made by competent engineerstraffic estimates and reports and pay therefor such compensation asmay have been fixed by contract or agreement.
(c) The authority:
(1) shall view and examine the site of any bridge proposed to bebuilt;
(2) shall view and examine any bridge proposed to be acquiredunder authority of this chapter; and
(3) may subpoena witnesses and hear evidence under oath uponany question necessary in the determination of the question ofwhether the acquisition or condemnation of such bridge alreadyconstructed or the construction of any bridge proposed to bebuilt is necessary in the public interest.
(d) All expenses incurred under this section shall be paid solelyfrom funds provided under the authority of this chapter.
(Formerly: Acts 1939, c.79, s.4; Acts 1941, c.217, s.2.) As amendedby Acts 1980, P.L.74, SEC.262; P.L.109-1983, SEC.33.
IC 8-16-1-5
Construction of interstate bridges
Sec. 5. Subject to IC 8-9.5-8-5, if the authority shall determinethat the construction of an interstate bridge or the acquisition by
purchase or otherwise or by condemnation of any interstate bridgealready constructed or its approaches, or the enlargement, extension,or improvement of any such bridges or their approaches, under thischapter, is necessary and advisable in the public interest and will bea convenience, necessity, and a benefit, the chairman of the authorityshall issue an order finding and determining that the construction ofsuch an interstate bridge or the acquisition by purchase or otherwiseor by condemnation of any interstate bridge already constructed, orthe enlargement, extension, or improvement thereof will be in thepublic interest and convenience and necessity.
(Formerly: Acts 1939, c.79, s.5; Acts 1941, c.217, s.3.) As amendedby Acts 1980, P.L.74, SEC.263; P.L.109-1983, SEC.34.
IC 8-16-1-6
Authority to purchase land or structures
Sec. 6. The authority is authorized to purchase in the state ofIndiana and in any adjoining state, solely from funds provided underthe authority of this chapter, such lands, structures, rights-of-way,franchises, easements, or other interests in lands, including landsunder water, riparian rights of any person, railroad, or other publicor private corporations or municipality, necessary for the building oracquiring, by purchase or otherwise, of said bridges and approachesthereto upon such terms, prices, or consideration as may beconsidered by it to be reasonable, and can be agreed upon betweenit and the owner or owners, title thereto to be taken in the name ofthe state of Indiana.
(Formerly: Acts 1939, c.79, s.6.) As amended by Acts 1980, P.L.74,SEC.264; P.L.109-1983, SEC.35.
IC 8-16-1-7
Preexisting ferry operations
Sec. 7. (a) Prior to the opening for public use of any bridge, theconstruction of which is authorized by this chapter, the authorityshall:
(1) purchase the ferry, equipment, franchises, rights, andprivileges used in connection with the operation of any ferrywhich has been in continuous operation for at least fifteen (15)years prior thereto and which is located within two (2) miles ofthe site of said bridge; and
(2) pay the owner therefor a fair cash value.
(b) In the event the authority and the owner of such ferry shall beunable to agree upon a fair cash value, the valuation of such propertyshall be determined in the manner provided by law for thecondemnation of property for appropriate county purposes bycounties. In the event the owner of such ferry shall not agree to theestablishment of such valuation according to the method specified inthis subsection, then in such event, the authority shall not be requiredto purchase such assets from the owner of the ferry.
(Formerly: Acts 1939, c.79, s.6a; Acts 1957, c.192, s.1.) As amendedby Acts 1980, P.L.74, SEC.265; P.L.109-1983, SEC.36.
IC 8-16-1-8
Condemnation
Sec. 8. (a) Whenever it is necessary to condemn property for thepurpose of constructing any portion of the bridges or the approaches,or securing rights-of-way for the approaches, the authority maycondemn any interest, franchises, easements, rights, or privileges,land, or improvements which may be necessary for the purpose ofconstructing the bridges, the approaches, or the rights-of-way leadingto the approaches.
(b) Condemnations shall be in the name of the authority and themethod shall be governed by IC 8-23-7. The authority is empoweredto exercise the powers of eminent domain as conferred upon theauthority by an act of Congress of the United States.
(c) No payments of award in any condemnation proceedings or forthe costs of proceedings under this chapter or the expenses thereofshall be made except from funds provided under authority of thischapter.
(d) Title to property condemned shall be taken in the name of thestate.
(e) Nothing in this section shall apply to the acquisition of any tollbridge constructed before March 9, 1939.
(Formerly: Acts 1939, c.79, s.7.) As amended by Acts 1980, P.L.74,SEC.266; P.L.109-1983, SEC.37; P.L.18-1990, SEC.145.
IC 8-16-1-9
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-16-1-10
Plans and specifications; submission; letting of contracts forconstruction
Sec. 10. (a) Before any bridge shall be constructed under theprovisions of this chapter, the authority shall prepare profiles, plansand specifications, and estimates for the construction of such bridgeor bridges as they shall designate for construction under theprovisions of this chapter.
(b) Following the preparation of profiles, plans and specifications,and estimates as provided in subsection (a), the authority shall givenotice of the time, place, terms, and conditions for the letting of thecontracts for the construction of such bridge or bridges, as isprovided by law for the giving of notices for the construction ofhighways by the department.
(c) The authority shall let the contracts for the construction ofsuch bridge or bridges under this chapter in the same manner andunder the same conditions as are fixed by law for the letting ofcontracts for the construction of highways by the department.
(Formerly: Acts 1939, c.79, s.7b; Acts 1941, c.217, s.5.) As amendedby Acts 1980, P.L.74, SEC.267; P.L.109-1983, SEC.38; P.L.18-1990,SEC.146.
IC 8-16-1-11
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-16-1-12
Control over bridges
Sec. 12. The authority shall:
(1) operate, maintain, manage, and control such bridges in theirentirety;
(2) fix the rate of tolls;
(3) establish bylaws and, under IC 4-22-2, rules and regulationsfor the use and operation of said bridges; and
(4) select such employees as it deems necessary and fix theircompensation.
(Formerly: Acts 1939, c.79, s.8.) As amended by Acts 1980, P.L.74,SEC.268; P.L.109-1983, SEC.39.
IC 8-16-1-13
Damage to public ways or public works
Sec. 13. Any public ways or public works damaged or destroyedby reason of the building of such bridges or approaches shall berestored or repaired by the authority and placed in their originalcondition as near as practicable.
(Formerly: Acts 1939, c.79, s.9.) As amended by Acts 1980, P.L.74,SEC.269; P.L.109-1983, SEC.40.
IC 8-16-1-14
Revenue bonds
Sec. 14. (a) Subject to IC 8-9.5-8-10, the authority is authorizedto provide funds for each and every purpose of this chapter by theissuance of bridge revenue bonds of the state, the principal andinterest of which bonds shall be payable solely from the revenues ofthe bridge to be constructed or acquired by purchase from theproceeds of such bonds. Such revenue bonds:
(1) shall bear interest at a rate or rates approved by the authoritypayable on such day as specified in the resolution or any trustagreement;
(2) shall mature in not more than thirty (30) years from theirdate or dates; and
(3) may be made redeemable at the option of the authority, atnot more than the par value thereof and a premium of fivepercent (5%) under such terms and conditions as the authoritymay fix prior to the issuance of such bonds.
(b) The authority shall:
(1) provide the form of such bonds;
(2) fix the denomination or denominations of such bonds; and
(3) fix the place or places of payment of the principal andinterest thereof.
(c) The bonds shall be executed by the manual or facsimilesignature of the chairman of the authority and sealed and attested by
the manual or facsimile signature of the public finance director. Thecoupons shall bear the facsimile signature of the chairman. Theauthority may also provide for authentication of the bonds by atrustee or fiscal agent.
(d) The said bonds shall be exempt from taxation by the state ofIndiana and by the municipalities and political subdivisions thereof.
(e) The bonds may be issued in coupon or in registered form, orboth, as the authority may determine, and provisions may be madefor the registration of any coupon bonds as to principal alone andalso as to both principal and interest, and for the reconversion intocoupon bonds of any bonds registered as to both principal andinterest.
(f) Such bonds shall be sold in such manner, either at public orprivate sale, as the authority may determine to be for the bestinterests, taking into consideration the financial responsibility of thepurchaser and the terms and conditions of the purchase andespecially the availability of the proceeds of the bonds when requiredfor payment of the cost of the bridge, by the authority. Such saleshall be at not less than ninety cents ($.90) on the dollar and accruedinterest, and the proceeds of such bonds shall be used solely for thepayment of the bridge costs, and expenses incident thereto asauthorized by this chapter, and shall be disbursed by said authorityas provided in this chapter. If the proceeds of the sale of such bondsshall exceed such costs, any surplus remaining therefrom shall bepaid into the fund provided in section 16 of this chapter for paymentof the principal and interest of said bonds.
(g) The authority shall have the right to purchase any bonds soissued by it that may be outstanding at the market price, but notexceeding one hundred five dollars ($105) for each one hundreddollars ($100) of par value and accrued interest nor exceeding theprice at which the same shall in the same year be redeemable, withthe consent of the holders of such bonds, and all bonds redeemed orpurchased shall forthwith be cancelled and shall not again be issued.
(h) Prior to the preparation of definitive bonds the authority mayunder like restrictions issue temporary bonds, with or withoutcoupons, exchangeable for definitive bonds upon the issuance of thelatter.
(i) The authority may enter into an agreement with any trustcompany as trustees for the holders of such bonds, setting forth theduties of the authority in respect to:
(1) the construction, maintenance, operation, and insurance ofany such bridge;
(2) the conservation and application of all funds;
(3) the insurance of moneys on hand or on deposit; and
(4) the rights and remedies of said trustee and the holders ofsuch bonds, restricting the individual right of action ofbondholders as is customary in trust agreements respectingbonds of a corporation.
(j) Said trust agreement may:
(1) contain such provisions for protecting and enforcing the
rights and remedies of the trustee and the bondholders as maybe reasonable and proper in the judgment of the authority, andalso a provision for approval by the original bond purchasers ofthe appointment of consulting engineers and of the securitygiven by the bridge contractors and by any bank or trustcompany in which the proceeds of bonds or bridge tolls or othermoneys of the authority shall be deposited; and
(2) provide that no contract for construction shall be madewithout the approval of the consulting engineers.
(k) Such trust agreement may contain such further provisions asin the judgment of the authority will best accomplish the purposes ofthis chapter, with respect to:
(1) the fixing, maintaining, and collecting of tolls;
(2) the deposit, safeguarding, and disposition of the revenuesderived from such bridge;
(3) the application of revenues;
(4) the determination and establishment of priorities in thedisbursement of such revenues;
(5) the establishment of reserve funds to secure the promptpayment of the principal of and the interest on said bonds;
(6) the limitation of the amount of expenses of the authoritychargeable to said revenues; and
(7) such other matters as in the judgment of the authority areproper and suitable.
(l) The bonds issued under this section shall be a first lien on allrevenues of the bridge on account of which they are issued, subjectonly to such prior charges as may be provided in such trustagreement or in the resolution authorizing their issuance. The bondsmay be issued without any other proceedings or happening or anyother conditions or things than those proceedings, conditions, andthings which are specified and required by this chapter or by theConstitution of the State of Indiana.
(Formerly: Acts 1939, c.79, s.10; Acts 1951, c.296, s.2; Acts 1955,c.323, s.1; Acts 1971, P.L.100, SEC.2.) As amended by Acts 1980,P.L.74, SEC.270; P.L.109-1983, SEC.41; P.L.162-2007, SEC.33.
IC 8-16-1-15
Payment of interest or principal
Sec. 15. (a) In any resolution or trust agreement providing for theissuance of revenue bonds pursuant to section 14 of this chapter, theauthority may further covenant and agree that moneys deposited inthe Indiana interstate bridge fund from revenues of other bridges asreimbursement to such fund will be used to pay the interest on orprincipal of such bonds due but unpaid if, at any time, the availablerevenues of the bridge to be constructed or acquired by purchasefrom the proceeds of such bonds are not sufficient to pay suchinterest or principal. Any coupons or bonds so paid from moneys inthe Indiana interstate bridge fund shall be held uncancelled by theauthority as a part of the Indiana interstate bridge fund until theamount represented by such coupons or bonds is reimbursed to the
fund as provided in this section. Any revenues of the bridgeconstructed or acquired by purchase from the bond issue of which thecoupons or bonds held in the Indiana interstate bridge fund are a partand which are received thereafter and are not required to pay the costof maintaining, repairing, and operating such bridge or to payprincipal and interest on other bonds of the issue or to maintain thesinking fund or any other reserves, if any, at the level prescribed inthe resolution or trust agreement, shall be applied to reimbursementof the Indiana interstate bridge fund in an amount not exceeding theamount represented by such coupons or bonds. Such revenues shallbe applied first to coupons and then to bonds and in each case intheir numerical order. Whenever the Indiana interstate bridge fundis reimbursed for the amount of any coupon or bond, such coupon orbond shall be cancelled. A coupon or bond shall not bear interest forthe period held as part of the Indiana interstate bridge fund and thefund shall be deemed to be fully reimbursed for any coupon or bondwhen it receives the face amount of any such coupon or bond.
(b) If the authority agrees and covenants as provided in thissection in connection with more than one (1) issue of revenue bonds,a bond issue bearing an earlier date than another bond issue shallhave priority as to payment of principal and interest from the Indianainterstate bridge fund. However, so long as the revenues of anybridge are sufficient to pay principal and interest due and owing onthe bonds issued for the purpose of constructing or acquiring suchbridge, moneys in the Indiana interstate bridge fund may be used asprovided in this section to pay the principal and interest on any otherbond issue even though such bond issue bears a subsequent date.
(c) Nothing contained in this section shall be construed aspermitting the use of money in said fund derived from stateappropriations for these purposes, and the books of account of theauthority that disclose the amounts in said fund from various sourcesshall be open for inspection by the general public. Any expendituresfrom the Indiana interstate bridge fund pursuant to section 18 of thischapter shall first be made from money in said fund derived fromsources other than reimbursement from revenues of other bridges.
(Formerly: Acts 1939, c.79, s.10a; Acts 1963, c.274, s.1.) Asamended by Acts 1980, P.L.74, SEC.271; P.L.109-1983, SEC.42.
IC 8-16-1-16
Duty to fix, maintain, and collect tolls for use of bridges
Sec. 16. (a) The authority shall fix, maintain, and collect tolls forthe use of any bridge constructed or acquired by purchase pursuantto this chapter (except in the case of a bridge constructed or acquiredunder authority of section 21 of this chapter) until all bonds payablefrom the revenues of such bridge have been retired and the interestpaid thereon and the Indiana interstate bridge fund or any other fundor funds of the state have been fully reimbursed for amountsexpended from such funds for the construction, acquisition,enlargement, extension, or improvement of such bridge. However,after bonds are retired, interest is paid, and all funds are fully
reimbursed as required by this subsection, the authority may continueto fix, maintain, and collect tolls for the use of the bridge.
(b) The rate of such tolls shall at all times be fixed and maintainedby the authority so as to provide funds sufficient to:
(1) pay the cost of maintaining, repairing, and operating suchbridge, including a prorated share of the expenses of theauthority based upon the gross receipts from all bridgesconstructed or acquired by purchase by the authority under theprovisions of this chapter;
(2) pay the principal of and the interest on all bonds inaccordance with the terms thereof payable from the revenues ofsuch bridge;
(3) reimburse each year the Indiana interstate bridge fund or anyother funds of the state for expenditures made for theconstruction, acquisition, enlargement, extension, orimprovement of such bridge in an amount equal to four percent(4%) of:
(A) the original amount of such expenditures; less
(B) any part of such amount reimbursed to such fund orfunds by the issuance of bonds pursuant to section 20 of thischapter; and
(4) pay interest on amounts so expended from any such fundsat such rate as may be deemed proper by the authority.
(Formerly: Acts 1939, c.79, s.11; Acts 1955, c.323, s.2.) As amendedby Acts 1980, P.L.74, SEC.272; P.L.109-1983, SEC.43;P.L.386-1987(ss), SEC.14.
IC 8-16-1-17
Repealed
(Repealed by P.L.386-1987(ss), SEC.22.)
IC 8-16-1-17.1
Toll bridge becoming state highway or tollway; reimbursement offunds; conveyances
Sec. 17.1. (a) The authority may, after adopting a resolution andafter receiving the governor's approval, determine under IC 8-23-7that any toll bridge constructed or operated by the authority shouldbecome a part of the system of state highways free of tolls or becomea tollway under IC 8-15-3.
(b) A resolution adopted under subsection (a) becomes effectivewhen:
(1) all bonds to which the revenues of the toll bridge werepledged for payment, together with all interest, is paid, or asufficient amount for the payment of all those bonds and theinterest to maturity is set aside in trust for the benefit ofbondholders; and
(2) to the extent authorized by the authority as provided insubsection (d), the Indiana interstate bridge fund or any otherfund of the state is reimbursed for amounts expended from thefund for the purposes of this chapter, even if those expenditures
were not made in connection with the bridge.
(c) Until a resolution is adopted by the authority under subsection(a) and becomes effective under subsection (b), any toll bridgeconstructed by the authority or its predecessors remains under thejurisdiction of the authority and the authority shall continue tomaintain and operate the toll bridge and levy and collect tolls asprovided in this chapter. Subject to any agreement entered into by theSecretary of Transportation of the United States, acting by andthrough the federal highway administrator, and the state, acting byand through the department, tolls on any project may be continuedfrom the date of the payment of the principal of and interest on bondsissued for the construction of the toll bridge.
(d) The authority may use revenue received from tolls undersubsection (c) to reimburse the Indiana interstate bridge fund or anyother state fund for an expenditure made for the purposes of thischapter, whether or not the expenditure was made in connection withthe bridge from which the tolls were received. Before reimbursingany fund under this subsection, the authority shall provide for thecost of maintaining, repairing, or operating the toll bridge. If theauthority decides to make a reimbursement under this subsection, itshall first fully reimburse all other eligible funds before it mayreimburse the interstate bridge fund. After the interstate bridge fundis reimbursed, the authority may transfer revenue received from tollsunder subsection (c) to the state for deposit in the state highway fundfor use as provided by law.
(e) If the authority adopts a resolution under subsection (a) thatbecomes effective under subsection (b), the toll bridge becomes theproperty of the state without a deed of conveyance, and the bridgecomes under the jurisdiction and control of the department as part ofthe Indiana state highway system or as a tollway, as designated in theresolution.
As added by P.L.386-1987(ss), SEC.15. Amended by P.L.18-1990,SEC.147.
IC 8-16-1-18
Indiana interstate bridge fund
Sec. 18. (a) A special and distinct fund is created to be known asthe Indiana interstate bridge fund. Such fund shall be:
(1) held in the name of the authority; and
(2) administered by the authority.
All expenditures therefrom shall be made by the authority.
(b) Except as provided in section 15 of this chapter, expendituresfrom the fund shall be made only for the purpose of:
(1) paying the cost of constructing or acquiring, by purchase orcondemnation, highway bridges and the approaches thereto,which may be constructed or acquired by authority of thischapter; or
(2) paying the cost of enlarging, extending, or improving anysuch bridge or the approaches thereto.
The costs specified in subdivisions (1) and (2) shall include the
expense of all engineering, architectural, legal, and other expertservice rendered to the authority and other preliminary and incidentalexpenses. Such payments may be made as such costs are incurred orsuch services rendered.
(c) Any income from such fund or any part of the principal notpledged to the payment of bonds issued by the authority may be usedfor the purposes set forth in section 4 of this chapter, and the fundshall be reimbursed for any such expenditures out of the proceeds ofany bonds issued for the construction or acquisition of any bridge onaccount of which such expenditures were made.
(Formerly: Acts 1939, c.79, s.13a; Acts 1947, c.340, s.1; Acts 1963,c.274, s.2; Acts 1971, P.L.100, SEC.3.) As amended by Acts 1980,P.L.74, SEC.274; P.L.109-1983, SEC.45.
IC 8-16-1-19
Collection of tolls; reimbursement of funds
Sec. 19. (a) Whenever any bridge is constructed or acquired underthis chapter, and the cost thereof paid in whole or in part from theIndiana interstate bridge fund, it shall be the duty of the authority(except in the case of a bridge constructed or acquired underauthority of section 21 of this chapter) to fix, maintain, and collecttolls for the use of such bridge from the time of the completionthereof in accordance with section 16 of this chapter.
(b) All revenues from a bridge in excess of those required bysection 16 of this chapter shall be applied to reimbursement of theIndiana interstate bridge fund in the order and manner provided sothat such funds may be fully reimbursed as rapidly as the revenuesof such bridge permit.
(Formerly: Acts 1939, c.79, s.13b; Acts 1947, c.340, s.2; Acts 1955,c.323, s.5.) As amended by Acts 1980, P.L.74, SEC.275;P.L.109-1983, SEC.46; P.L.386-1987(ss), SEC.16.
IC 8-16-1-20
Bridge revenue bonds; reimbursing bridge fund
Sec. 20. Subject to IC 8-9.5-8-8, the authority is authorized toissue from time to time its bridge revenue bonds for the purpose ofreimbursing, in whole or in part, the Indiana interstate bridge fundand any other fund or funds of the state, for sums disbursed for theconstruction, acquisition, enlargement, extension, or improvement ofa bridge under this chapter or for such purpose in combination withany one (1) or more of the purposes authorized by section 14 of thischapter. Such bonds shall be issued in the manner, shall be of thecharacter, and shall be secured and paid as set out in section 14 ofthis chapter. The authority may sell such bonds in the mannerprovided in section 14 of this chapter.
(Formerly: Acts 1939, c.79, s.13c; Acts 1947, c.340, s.3; Acts 1955,c.323, s.6.) As amended by Acts 1980, P.L.74, SEC.276;P.L.109-1983, SEC.47.
IC 8-16-1-21 Bridges substantially funded by other governmental agencies; title
Sec. 21. (a) Whenever the authority shall construct or acquire abridge under authority of section 2 of this chapter, and a substantialpart of the cost of such construction or acquisition is contributed by:
(1) the government of the United States or any agency thereof;
(2) another state;
(3) any agency or authority existing under the laws of any otherstate; or
(4) any political or municipal subdivision thereof or any publiccorporation thereof;
then the authority is authorized to pay the share of the entire cost ofsuch purchase or acquisition to be borne by it or by the state ofIndiana from the Indiana interstate bridge fund. Any such bridge maybe operated as a free bridge without the imposition of any tolls forthe use thereof and no reimbursement need be made to the fund.
(b) The authority is authorized to enter into such contracts andagreements as it may deem necessary and proper in relation to theconstruction or acquisition of any such bridge with:
(1) the government of the United States or any agency thereof;or
(2) any other state, state agency or authority, or political ormunicipal subdivision or public corporation;
which shall so contribute to the cost of the construction oracquisition of any such bridge. Title to any such bridge shall be takenin the name of the state of Indiana and it shall be maintained by theauthority.
(Formerly: Acts 1939, c.79, s.13d; Acts 1947, c.340, s.4.) Asamended by Acts 1980, P.L.74, SEC.277; P.L.109-1983, SEC.48.
IC 8-16-1-21.5
Repealed
(Repealed by P.L.109-1983, SEC.50.)
IC 8-16-1-22
Jurisdiction of authority
Sec. 22. The authority shall have no authority or jurisdiction overany bridge not constructed or acquired by it.
(Formerly: Acts 1939, c.79, s.14.) As amended by P.L.109-1983,SEC.49.
IC 8-16-1-23
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-16-1-24
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-16-1-25
Construction of law Sec. 25. Sections 2, 4, 5, 9, 10, and 11 of this chapter shall beconstrued as supplemental to any other statute and shall not repeal oraffect any other section of this chapter except as specificallyprovided, and in the event of any conflict with any other section ofthis chapter, said other section shall govern and control.
(Formerly: Acts 1941, c.217, s.7.) As amended by P.L.66-1984,SEC.59.
IC 8-16-1-26
Bridge constructed under chapter and crossing Wabash River
Sec. 26. (a) This section applies only to a bridge that:
(1) was constructed under this chapter; and
(2) crosses the Wabash River.
(b) Notwithstanding any other provisions of this chapter, a bridgesubject to this section does not become a part of the system of statehighways free of tolls or a tollway under IC 8-15-3 when bonds areretired and all funds fully reimbursed.
(c) Money collected for the use of a bridge subject to this sectionshall be allocated to the authority and used for the followingpurposes:
(1) Operation of the toll bridge facility.
(2) Maintenance of the toll bridge facility.
(3) A reserve fund for future toll bridges over the Ohio River tobe located within the same county in which the bridge subjectto this section is located.
As added by P.L.386-1987(ss), SEC.17.
IC 8-16-1-27
Bob Cummings Lincoln Trail Bridge at Cannelton
Sec. 27. (a) This section applies to the Bob Cummings LincolnTrail Bridge at Cannelton.
(b) This subsection applies notwithstanding sections 16, 17.1, and19 of this chapter. On January 1, 1988, without a deed ofconveyance, the bridge becomes the property of the state, toll free,and a part of the state highway system.
(c) The department shall negotiate with Kentucky for the purposeof making an agreement for the maintenance of the bridge.
(d) The agreement described in this section must include the termsof the agreement set forth in the NINETEENTH provision of theinterstate agreement entitled "AGREEMENT FORCONSTRUCTION OF BRIDGES OVER THE OHIO RIVER INTHE MAUCKPORT, INDIANA-BRANDENBURG, KENTUCKYAREA AND THE CANNELTON, INDIANA-HAWESVILLE,KENTUCKY AREA AND APPROACHES THERETO" (approvedAugust 8, 1963), to the effect that when one (1) or both of thebridges described in the agreement become toll free, the costs of themaintenance program shall be borne fifty percent (50%) by theCommonwealth of Kentucky and fifty percent (50%) by the state ofIndiana.
(e) The agreement described in this section must provide that the
bridge shall be maintained through a program to preserve, repair, andrestore the bridge with its elements to its original designed oraccepted standard, and to offset the effects of weather, organicgrowth, deterioration (aging, material failure, design andconstruction faults), traffic wear, damage, and vandalism. Thebridge's elements include such items as travelway surfaces,shoulders, roadsides, drainage, drainage facilities, signs, markings,lighting, and fixtures. The maintenance program must include bridgeinspection, snow and ice removal, cleaning, painting, repairing, andreplacement of rails, floors, stringers, and beams.
(f) Notwithstanding subsection (b), after December 31, 1987, anduntil Indiana and Kentucky make an agreement as described in thissection, the toll for an automobile is twenty-five cents ($0.25). Thedepartment shall set tolls for vehicles other than automobiles thatare:
(1) at rates that when added to the revenue from automobiletolls will yield enough revenue to offset the operating costs ofthe bridge; and
(2) are proportionate to the tolls for vehicles other thanautomobiles that are in effect on April 1, 1987.
As added by P.L.386-1987(ss), SEC.18. Amended by P.L.18-1990,SEC.148.
IC 8-16-1-28
Matthew E. Welsh Toll Bridge at Mauckport
Sec. 28. (a) This section applies to the Matthew E. Welsh TollBridge at Mauckport.
(b) This subsection applies notwithstanding sections 16, 17.1, and19 of this chapter. On July 1, 1992, without a deed of conveyance,the bridge becomes the property of the state, toll free, and a part ofthe state highway system.
(c) The department shall negotiate with Kentucky for the purposeof making an agreement for the maintenance of the bridge.
(d) The agreement described in this section must include the termsof the agreement set forth in the NINETEENTH provision of theinterstate agreement entitled "AGREEMENT FORCONSTRUCTION OF BRIDGES OVER THE OHIO RIVER INTHE MAUCKPORT, INDIANA-BRANDENBURG, KENTUCKYAREA AND THE CANNELTON, INDIANA-HAWESVILLE,KENTUCKY AREA AND APPROACHES THERETO" (approvedAugust 8, 1963), to the effect that when one (1) or both of thebridges described in the agreement become toll free, the cost of theprogram described in subsection (c) shall be borne fifty percent(50%) by the Commonwealth of Kentucky and fifty percent (50%)by the state of Indiana.
(e) The agreement described in this section must provide that thebridge shall be maintained through a program to preserve, repair, andrestore the bridge with its elements to its original designed oraccepted standard, and to offset the effects of weather, organicgrowth, deterioration (aging, material failure, design and
construction faults), traffic wear, damage, and vandalism. Thebridge's elements include such items as travelway surfaces,shoulders, roadsides, drainage, drainage facilities, signs, markings,lighting, and fixtures. The maintenance program must include bridgeinspection, snow and ice removal, cleaning, painting, repairing, andreplacement of rails, floors, stringers, and beams.
(f) Notwithstanding subsection (b), after June 30, 1992, and untilIndiana and Kentucky make an agreement as described in thissection, the bridge is not toll free and the rates in effect on June 30,1992, continue to be in effect.
As added by P.L.386-1987(ss), SEC.19. Amended by P.L.18-1990,SEC.149.