CHAPTER 20. COUNTY TOLL ROAD AUTHORITIES
IC 8-18-20
Chapter 20. County Toll Road Authorities
IC 8-18-20-1
Application of chapter
Sec. 1. This chapter applies to all counties.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-2
Definitions
Sec. 2. The definitions in IC 36-1-2 apply throughout this chapterand IC 8-18-21.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-3
"Toll road" defined
Sec. 3. As used in this chapter and IC 8-18-21, "toll road"includes:
(1) the land required for a toll road right-of-way; and
(2) any highway constructed under this chapter, including allbridges, tunnels, interchanges, entrance plazas, approaches,tollhouses, and buildings required for administrative andmaintenance purposes.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-4
Establishment; name; municipal corporation
Sec. 4. (a) A county may establish a separate municipalcorporation to be known as the "______________ County Toll RoadAuthority" (including the name of the county seat and county) for thepurposes of:
(1) acquiring land; and
(2) financing, constructing, reconstructing, and operatingcounty toll roads.
(b) Any two (2) or more counties, acting under IC 36-1-7, mayestablish a municipal corporation under subsection (a).
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-5
Hearing on creation; notice by publication; resolution; filing; proofof establishment
Sec. 5. (a) Whenever the county auditor receives a notice that:
(1) is signed by the presiding officers of the county executive,the county fiscal body, and the municipal fiscal body of thecounty seat;
(2) states that those bodies have agreed to hold a public hearingon and consider the creation of a county toll road authority; and
(3) fixes a time and place for that hearing;
the auditor shall give notice by publication of the hearing. The noticeshall be published in accordance with IC 5-3-1, and must state the
time, place, and purpose of the hearing.
(b) The members of the executive of the county and the fiscalbodies of the county and county seat shall meet at the time and placefixed in the notice. The presiding officers of each of the three (3)bodies shall elect one (1) of their number to preside as chairman atthe hearing, another as vice chairman, and another as secretary.
(c) All interested citizens and taxpayers of the county may appearand are entitled to be heard at the hearing.
(d) The authority shall be established if, within sixty (60) daysafter the hearing, a concurrent resolution declaring a need for theauthority is agreed upon and separately adopted by the countyexecutive and county and municipal fiscal bodies.
(e) A copy of the concurrent resolution that is certified byaffidavits of the county auditor and municipal clerk showing the dateof adoption of the resolution by the three (3) bodies must be filed inthe office of the recorder of the county for recording in themiscellaneous records. The certified and recorded copy of theresolution is admissible in evidence in any action or proceeding asproof of the establishment of the authority.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-6
Board of trustees; membership; notice of appointment; oath
Sec. 6. (a) Within sixty (60) days after the adoption of theconcurrent resolution under section 5 of this chapter, a board of tollroad authority trustees shall be appointed. The board consists of five(5) trustees who are appointed in the following manner and for thefollowing initial terms:
(1) One (1) appointed by the municipal fiscal body of thecounty seat, for a term of one (1) year.
(2) One (1) appointed by the county fiscal body, for a term oftwo (2) years.
(3) One (1) appointed by the county executive, for a term ofthree (3) years.
(4) One (1) appointed by the municipal executive of the countyseat, for a term of four (4) years.
(5) One (1) appointed by the county executive, for a term offour (4) years.
(b) A person may be appointed as a trustee only if the person:
(1) is at least thirty (30) years of age;
(2) has been a resident of the county for five (5) yearsimmediately preceding the appointment; and
(3) is not an officer or employee of an eligible entity.
(c) The names of all persons appointed under subsection (a) shallbe transmitted in writing to the circuit court for the county at leastten (10) days before the end of the sixty (60) day period. The courtshall mail a notice of appointment to each trustee immediately afterthe sixty (60) day period.
(d) Before taking office, each trustee shall take and subscribe anoath of office (in the usual form), which shall be endorsed upon the
trustee's certificate of appointment. The certificate shall be promptlyfiled with the clerk of the circuit court.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-7
Expiration of trustee's term; successor
Sec. 7. (a) As the term of a trustee expires, a successor shall beappointed by the same appointing authority, for a term of four (4)years.
(b) A trustee holds over after the expiration of the trustee's termuntil a successor is appointed and qualified.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-8
Vacancies on board of trustees
Sec. 8. If a person appointed as a trustee:
(1) fails to qualify within ten (10) days after notice of theappointment is mailed to that person; or
(2) qualifies but then dies, resigns, vacates the office becausethat person is no longer a resident of the county, or is removedfrom office under section 18 of this chapter;
a new trustee shall be appointed by the same appointing authority forthe remainder of the vacated term.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-9
First meeting of trustees; officers; appointment of board ofdirectors
Sec. 9. (a) The first trustees of the toll road authority shall, withinthirty (30) days after their appointment, meet at a time and placedesignated by the circuit court for the county for the purpose ofelecting officers. The trustees shall elect from among themselves apresident, a vice president, and a secretary. Each of these officersshall serve from the date of election until the first Monday in Januaryafter election, and holds over until a successor is elected andqualified.
(b) At the meeting required by this section, the trustees shallappoint the first board of directors of the toll road authority, asprescribed by section 11 of this chapter.
(c) After appointing the first board of directors of the toll roadauthority, the trustees shall meet on the first Monday in January ofeach year for the purpose of:
(1) electing officers;
(2) appointing the directors of the toll road authority; and
(3) performing any other duties under this chapter.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-10
Board of trustees; procedural rules; record; regular and specialmeetings Sec. 10. (a) The trustees may adopt rules and bylaws governingtheir procedure.
(b) The proceedings of the trustees shall be recorded in a bookprovided for that purpose.
(c) In addition to their meetings under section 9 of this chapter,the trustees may hold regular and special meetings as often as isnecessary to perform their duties under this chapter.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-11
Board of directors; membership; appointments; oath
Sec. 11. (a) A county toll road authority is under the control of aboard of directors. This board consists of five (5) directors, who shallbe appointed by a majority vote of the toll road authority trustees.Each of the original directors shall serve from the date of thedirector's appointment until the first day of February in the secondyear after the director's appointment, and until a successor isappointed and has qualified.
(b) A person may be appointed as a director only if the person:
(1) is at least thirty (30) years of age;
(2) has been a resident of the county five (5) years immediatelypreceding the person's appointment; and
(3) is not an officer or employee of an eligible entity.
(c) Before entering upon the director's duties, each director shalltake and subscribe an oath of office (in the usual form), which shallbe endorsed upon the director's certificate of appointment. Thecertificate shall be promptly filed with the clerk of the circuit court.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-12
Expiration of director's term; successor
Sec. 12. As the term of a director expires, a successor shall beappointed by a majority vote of the trustees. The new director shallserve for one (1) year from the first day of February after thedirector's appointment, and until a successor is appointed andqualified.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-13
Vacancies on board of directors
Sec. 13. If a vacancy occurs on the board of directors, the trusteesshall, by a majority vote, appoint a new director to serve theremainder of the term.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-14
First meeting of directors; officers
Sec. 14. (a) The first directors of a toll road authority shall, withinthirty (30) days after their appointment, meet for the purpose ofelecting officers. They shall elect from among themselves a
president, a vice president, a secretary, and a treasurer. Each of theseofficers shall perform the duties usually pertaining to that office, andshall serve from the date of election until a successor is elected andqualified.
(b) After the meeting under subsection (a), the directors shall meeton the first Monday in February of each year for the purpose ofelecting officers.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-15
Regular and special meetings of directors
Sec. 15. In addition to their meetings under section 14 of thischapter, the directors may hold the regular and special meetings theyconsider necessary. The directors may fix the times of these meetingsand the notices required for meetings by resolution or under theirrules and bylaws.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-16
Rules of directors; quorum; majority vote
Sec. 16. (a) The directors may adopt the rules and bylaws theyconsider necessary for the proper conduct of their proceedings, theperformance of their duties, and the safeguarding of the funds andproperty of the toll road authority.
(b) A majority of the directors constitutes a quorum, and theconcurrence of a majority of the directors is necessary to authorizeany action by the directors.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-17
Vacation of office by trustee or director
Sec. 17. A trustee or director who:
(1) ceases to be a resident of the county; or
(2) becomes an officer or employee of a unit that established theauthority;
vacates office.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-18
Removal of trustee or director
Sec. 18. (a) A person seeking the removal of a trustee for:
(1) neglect of duty;
(2) incompetence;
(3) inability to perform the trustee's duties; or
(4) any other good cause;
may file a complaint in the circuit or superior court for the county inwhich the toll road authority is located. The complaint must set forththe charges preferred. The action shall be placed on the court'sadvanced calendar, and the court shall try the action in the samemanner as other civil cases, without a jury. If the charges are
sustained, the court shall declare the trustee's office vacant.
(b) The trustees may summarily remove a director from office atany time.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-19
Salaries and expenses of trustees or directors
Sec. 19. A trustee or director is not entitled to a salary but isentitled to reimbursement for expenses necessarily incurred in theperformance of duties.
As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-20
Pecuniary interest in transactions
Sec. 20. A trustee or director may not have any pecuniary interestin any contract, employment, purchase, or sale made under thischapter. Any such transaction in which a trustee or director has apecuniary interest is void.
As added by P.L.386-1987(ss), SEC.20.