IC 8-16-3.1
    Chapter 3.1. Major Bridge Fund

IC 8-16-3.1-0.5
Definitions
    Sec. 0.5. The definitions set forth in IC 8-16-3-1.5 applythroughout this chapter.
As added by P.L.182-2009(ss), SEC.264.

IC 8-16-3.1-1
Definitions
    Sec. 1. (a) As used in this chapter, "eligible county" means acounty that has:
        (1) a population of more than one hundred thousand (100,000)but less than seven hundred thousand (700,000); and
        (2) a major obstruction between commercial or populationcenters which is capable of causing an economic hardshipbecause of excess travel required to conduct a normal level ofcommerce between the two (2) centers.
A major obstruction which is a part of a county boundary or a stateboundary does not qualify for the purpose of this chapter.
    (b) As used in this chapter, "major bridge" means the following:
        (1) A structure that is two hundred (200) or more feet in lengthand that is erected over a depression or an obstruction for thepurpose of carrying motor vehicular traffic or other movingloads. However, the structure shall be one hundred (100) ormore feet in length in a city having the following population:
            (A) More than fifty-five thousand (55,000) but less thanfifty-nine thousand (59,000).
            (B) More than fifty-nine thousand (59,000) but less thanfifty-nine thousand seven hundred (59,700).
            (C) More than thirty-two thousand eight hundred (32,800)but less than thirty-three thousand (33,000).
        (2) An underpass of any length that is designed to carry motorvehicle traffic or other moving loads.
    (c) As used in this chapter, "major obstruction" means a physicalbarrier to the passage of motor vehicle traffic that inhibits the use ofthe customary highway construction techniques to bridge the barrierwithout use of a grade separation structure.
As added by Acts 1979, P.L.96, SEC.1. Amended by Acts 1982, P.L.1,SEC.28; P.L.86-1988, SEC.21; P.L.12-1992, SEC.65; P.L.61-1992,SEC.1; P.L.1-1993, SEC.50; P.L.170-2002, SEC.67.

IC 8-16-3.1-2
Repealed
    (Repealed by P.L.86-1988, SEC.227.)

IC 8-16-3.1-3
Repealed
    (Repealed by P.L.86-1988, SEC.227.)
IC 8-16-3.1-4
Creation of fund; purpose; tax levy
    Sec. 4. (a) The executive of any eligible county may provide amajor bridge fund in compliance with IC 6-1.1-41 to make availablefunding for the following purposes:
        (1) The construction of major bridges.
        (2) In Allen County, the construction, maintenance, and repairof bridges, approaches, and grade separations with respect tostructures other than major bridges.
    (b) The executive of any eligible county may levy a tax incompliance with IC 6-1.1-41 not to exceed three and thirty-threehundredths cents ($0.0333) on each one hundred dollars ($100)assessed valuation of all taxable personal and real property withinthe county to provide for the major bridge fund.
    (c) The general assembly finds the following:
        (1) Allen County eliminated its levy for a cumulative bridgefund to use its levy authority to fund a juvenile center.
        (2) Allen County has more bridges than any other county inIndiana, outside of Marion County: Marion County has fivehundred twenty-two (522), Allen County has three hundredfifty-one (351), and Hamilton County has two hundredseventy-seven (277).
        (3) Allen County has the largest land area of any county inIndiana.
        (4) Allen County is the third largest populated county inIndiana.
        (5) Allen County has a heavy manufacturing and industrialbase, increasing traffic and wear and tear on streets, roads, andbridges.
        (6) Allen County has large temperature fluctuations, leading toincreased maintenance costs.
        (7) Allen County has three (3) major rivers that come togetherin the heart of Fort Wayne, which means more bridges areneeded in the area due to the infrastructure that accommodatesFort Wayne, the second largest city in Indiana.
        (8) Allen County dissolved its cumulative bridge fund in 2002to provide room in the levy for judicial mandates to build two(2) detention facilities, as the former jail was overcrowded dueto the large population.
        (9) Allen County has a major bridge fund that is provided tomaintain major bridges, but can be used to fund smaller bridgesand will not harm the ability of Allen County to pay forobligations caused by judicial mandates.
        (10) Expansion of the purposes for Allen County's major bridgefund may be used in Allen County to meet the critical needs inAllen County for the maintenance of bridges other than majorbridges in the unincorporated areas of the county.
    (d) Because of the findings set forth in subsection (c), except asprovided in subsection (e), beginning after June 30, 2009, in AllenCounty the county executive is responsible for providing funds for

the following:
        (1) All bridges in unincorporated areas of the county.
        (2) All bridges in each municipality in the county that hasentered into an interlocal agreement under IC 36-1-7 with thecounty to provide bridge funds.
    (e) Subsection (d) does not apply to providing funds for bridgeson the state highway system.
As added by Acts 1979, P.L.96, SEC.1. Amended by P.L.86-1988,SEC.22; P.L.17-1995, SEC.10; P.L.178-2002, SEC.78;P.L.182-2009(ss), SEC.265.

IC 8-16-3.1-5
Appropriations from the Allen County major bridge fund
    Sec. 5. An appropriation from the major bridge fund in AllenCounty may be made without the approval of the department of localgovernment finance if:
        (1) the county executive adopts a resolution finding that thecounty does not need to continue accumulating money in thefund for the construction of a major bridge;
        (2) the county executive requests the appropriation; and
        (3) the appropriation is for the purpose of constructing,maintaining, or repairing bridges, approaches, or gradeseparations with respect to structures other than major bridges.
As added by P.L.182-2009(ss), SEC.266.