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 chapter
and 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 all
bridges, tunnels, interchanges, entrance plazas, approaches,
tollhouses, and buildings required for administrative and
maintenance 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 municipal
corporation to be known as the "______________ County Toll Road
Authority" (including the name of the county seat and county) for the
purposes of:
(1) acquiring land; and
(2) financing, constructing, reconstructing, and operating
county toll roads.
(b) Any two (2) or more counties, acting under IC 36-1-7, may
establish 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; proof
of 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 the
county seat;
(2) states that those bodies have agreed to hold a public hearing
on 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 notice
shall 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 fiscal
bodies of the county and county seat shall meet at the time and place
fixed in the notice. The presiding officers of each of the three (3)
bodies shall elect one (1) of their number to preside as chairman at
the hearing, another as vice chairman, and another as secretary.
(c) All interested citizens and taxpayers of the county may appear
and are entitled to be heard at the hearing.
(d) The authority shall be established if, within sixty (60) days
after the hearing, a concurrent resolution declaring a need for the
authority is agreed upon and separately adopted by the county
executive and county and municipal fiscal bodies.
(e) A copy of the concurrent resolution that is certified by
affidavits of the county auditor and municipal clerk showing the date
of adoption of the resolution by the three (3) bodies must be filed in
the office of the recorder of the county for recording in the
miscellaneous records. The certified and recorded copy of the
resolution is admissible in evidence in any action or proceeding as
proof 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 the
concurrent resolution under section 5 of this chapter, a board of toll
road authority trustees shall be appointed. The board consists of five
(5) trustees who are appointed in the following manner and for the
following initial terms:
(1) One (1) appointed by the municipal fiscal body of the
county seat, for a term of one (1) year.
(2) One (1) appointed by the county fiscal body, for a term of
two (2) years.
(3) One (1) appointed by the county executive, for a term of
three (3) years.
(4) One (1) appointed by the municipal executive of the county
seat, for a term of four (4) years.
(5) One (1) appointed by the county executive, for a term of
four (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) years
immediately 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) shall
be transmitted in writing to the circuit court for the county at least
ten (10) days before the end of the sixty (60) day period. The court
shall mail a notice of appointment to each trustee immediately after
the sixty (60) day period.
(d) Before taking office, each trustee shall take and subscribe an
oath of office (in the usual form), which shall be endorsed upon the
trustee's certificate of appointment. The certificate shall be promptly
filed with the clerk of the circuit court. As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-7 Expiration of trustee's term; successor
Sec. 7. (a) As the term of a trustee expires, a successor shall be
appointed by the same appointing authority, for a term of four (4)
years.
(b) A trustee holds over after the expiration of the trustee's term
until 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 the
appointment is mailed to that person; or
(2) qualifies but then dies, resigns, vacates the office because
that person is no longer a resident of the county, or is removed
from office under section 18 of this chapter;
a new trustee shall be appointed by the same appointing authority for
the 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 of
directors
Sec. 9. (a) The first trustees of the toll road authority shall, within
thirty (30) days after their appointment, meet at a time and place
designated by the circuit court for the county for the purpose of
electing officers. The trustees shall elect from among themselves a
president, a vice president, and a secretary. Each of these officers
shall serve from the date of election until the first Monday in January
after election, and holds over until a successor is elected and
qualified.
(b) At the meeting required by this section, the trustees shall
appoint the first board of directors of the toll road authority, as
prescribed by section 11 of this chapter.
(c) After appointing the first board of directors of the toll road
authority, the trustees shall meet on the first Monday in January of
each 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 special
meetings
Sec. 10. (a) The trustees may adopt rules and bylaws governing
their procedure.
(b) The proceedings of the trustees shall be recorded in a book
provided 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 is
necessary 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 a
board of directors. This board consists of five (5) directors, who shall
be appointed by a majority vote of the toll road authority trustees.
Each of the original directors shall serve from the date of the
director's appointment until the first day of February in the second
year after the director's appointment, and until a successor is
appointed 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 immediately
preceding 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 shall
take and subscribe an oath of office (in the usual form), which shall
be endorsed upon the director's certificate of appointment. The
certificate 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 be
appointed by a majority vote of the trustees. The new director shall
serve for one (1) year from the first day of February after the
director's appointment, and until a successor is appointed and
qualified. 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 trustees
shall, by a majority vote, appoint a new director to serve the
remainder 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, within
thirty (30) days after their appointment, meet for the purpose of
electing officers. They shall elect from among themselves a
president, a vice president, a secretary, and a treasurer. Each of these
officers shall perform the duties usually pertaining to that office, and
shall serve from the date of election until a successor is elected and
qualified.
(b) After the meeting under subsection (a), the directors shall meet
on the first Monday in February of each year for the purpose of
electing 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 this
chapter, the directors may hold the regular and special meetings they
consider necessary. The directors may fix the times of these meetings
and the notices required for meetings by resolution or under their
rules 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 they
consider necessary for the proper conduct of their proceedings, the
performance of their duties, and the safeguarding of the funds and
property of the toll road authority.
(b) A majority of the directors constitutes a quorum, and the
concurrence of a majority of the directors is necessary to authorize
any 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 the
authority;
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 in
which the toll road authority is located. The complaint must set forth
the charges preferred. The action shall be placed on the court's
advanced calendar, and the court shall try the action in the same
manner 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 at
any 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 is
entitled to reimbursement for expenses necessarily incurred in the
performance 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 interest
in any contract, employment, purchase, or sale made under this
chapter. Any such transaction in which a trustee or director has a
pecuniary interest is void. As added by P.L.386-1987(ss), SEC.20.
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 chapter
and 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 all
bridges, tunnels, interchanges, entrance plazas, approaches,
tollhouses, and buildings required for administrative and
maintenance 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 municipal
corporation to be known as the "______________ County Toll Road
Authority" (including the name of the county seat and county) for the
purposes of:
(1) acquiring land; and
(2) financing, constructing, reconstructing, and operating
county toll roads.
(b) Any two (2) or more counties, acting under IC 36-1-7, may
establish 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; proof
of 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 the
county seat;
(2) states that those bodies have agreed to hold a public hearing
on 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 notice
shall 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 fiscal
bodies of the county and county seat shall meet at the time and place
fixed in the notice. The presiding officers of each of the three (3)
bodies shall elect one (1) of their number to preside as chairman at
the hearing, another as vice chairman, and another as secretary.
(c) All interested citizens and taxpayers of the county may appear
and are entitled to be heard at the hearing.
(d) The authority shall be established if, within sixty (60) days
after the hearing, a concurrent resolution declaring a need for the
authority is agreed upon and separately adopted by the county
executive and county and municipal fiscal bodies.
(e) A copy of the concurrent resolution that is certified by
affidavits of the county auditor and municipal clerk showing the date
of adoption of the resolution by the three (3) bodies must be filed in
the office of the recorder of the county for recording in the
miscellaneous records. The certified and recorded copy of the
resolution is admissible in evidence in any action or proceeding as
proof 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 the
concurrent resolution under section 5 of this chapter, a board of toll
road authority trustees shall be appointed. The board consists of five
(5) trustees who are appointed in the following manner and for the
following initial terms:
(1) One (1) appointed by the municipal fiscal body of the
county seat, for a term of one (1) year.
(2) One (1) appointed by the county fiscal body, for a term of
two (2) years.
(3) One (1) appointed by the county executive, for a term of
three (3) years.
(4) One (1) appointed by the municipal executive of the county
seat, for a term of four (4) years.
(5) One (1) appointed by the county executive, for a term of
four (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) years
immediately 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) shall
be transmitted in writing to the circuit court for the county at least
ten (10) days before the end of the sixty (60) day period. The court
shall mail a notice of appointment to each trustee immediately after
the sixty (60) day period.
(d) Before taking office, each trustee shall take and subscribe an
oath of office (in the usual form), which shall be endorsed upon the
trustee's certificate of appointment. The certificate shall be promptly
filed with the clerk of the circuit court. As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-7 Expiration of trustee's term; successor
Sec. 7. (a) As the term of a trustee expires, a successor shall be
appointed by the same appointing authority, for a term of four (4)
years.
(b) A trustee holds over after the expiration of the trustee's term
until 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 the
appointment is mailed to that person; or
(2) qualifies but then dies, resigns, vacates the office because
that person is no longer a resident of the county, or is removed
from office under section 18 of this chapter;
a new trustee shall be appointed by the same appointing authority for
the 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 of
directors
Sec. 9. (a) The first trustees of the toll road authority shall, within
thirty (30) days after their appointment, meet at a time and place
designated by the circuit court for the county for the purpose of
electing officers. The trustees shall elect from among themselves a
president, a vice president, and a secretary. Each of these officers
shall serve from the date of election until the first Monday in January
after election, and holds over until a successor is elected and
qualified.
(b) At the meeting required by this section, the trustees shall
appoint the first board of directors of the toll road authority, as
prescribed by section 11 of this chapter.
(c) After appointing the first board of directors of the toll road
authority, the trustees shall meet on the first Monday in January of
each 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 special
meetings
Sec. 10. (a) The trustees may adopt rules and bylaws governing
their procedure.
(b) The proceedings of the trustees shall be recorded in a book
provided 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 is
necessary 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 a
board of directors. This board consists of five (5) directors, who shall
be appointed by a majority vote of the toll road authority trustees.
Each of the original directors shall serve from the date of the
director's appointment until the first day of February in the second
year after the director's appointment, and until a successor is
appointed 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 immediately
preceding 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 shall
take and subscribe an oath of office (in the usual form), which shall
be endorsed upon the director's certificate of appointment. The
certificate 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 be
appointed by a majority vote of the trustees. The new director shall
serve for one (1) year from the first day of February after the
director's appointment, and until a successor is appointed and
qualified. 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 trustees
shall, by a majority vote, appoint a new director to serve the
remainder 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, within
thirty (30) days after their appointment, meet for the purpose of
electing officers. They shall elect from among themselves a
president, a vice president, a secretary, and a treasurer. Each of these
officers shall perform the duties usually pertaining to that office, and
shall serve from the date of election until a successor is elected and
qualified.
(b) After the meeting under subsection (a), the directors shall meet
on the first Monday in February of each year for the purpose of
electing 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 this
chapter, the directors may hold the regular and special meetings they
consider necessary. The directors may fix the times of these meetings
and the notices required for meetings by resolution or under their
rules 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 they
consider necessary for the proper conduct of their proceedings, the
performance of their duties, and the safeguarding of the funds and
property of the toll road authority.
(b) A majority of the directors constitutes a quorum, and the
concurrence of a majority of the directors is necessary to authorize
any 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 the
authority;
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 in
which the toll road authority is located. The complaint must set forth
the charges preferred. The action shall be placed on the court's
advanced calendar, and the court shall try the action in the same
manner 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 at
any 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 is
entitled to reimbursement for expenses necessarily incurred in the
performance 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 interest
in any contract, employment, purchase, or sale made under this
chapter. Any such transaction in which a trustee or director has a
pecuniary interest is void. As added by P.L.386-1987(ss), SEC.20.
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 chapter
and 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 all
bridges, tunnels, interchanges, entrance plazas, approaches,
tollhouses, and buildings required for administrative and
maintenance 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 municipal
corporation to be known as the "______________ County Toll Road
Authority" (including the name of the county seat and county) for the
purposes of:
(1) acquiring land; and
(2) financing, constructing, reconstructing, and operating
county toll roads.
(b) Any two (2) or more counties, acting under IC 36-1-7, may
establish 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; proof
of 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 the
county seat;
(2) states that those bodies have agreed to hold a public hearing
on 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 notice
shall 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 fiscal
bodies of the county and county seat shall meet at the time and place
fixed in the notice. The presiding officers of each of the three (3)
bodies shall elect one (1) of their number to preside as chairman at
the hearing, another as vice chairman, and another as secretary.
(c) All interested citizens and taxpayers of the county may appear
and are entitled to be heard at the hearing.
(d) The authority shall be established if, within sixty (60) days
after the hearing, a concurrent resolution declaring a need for the
authority is agreed upon and separately adopted by the county
executive and county and municipal fiscal bodies.
(e) A copy of the concurrent resolution that is certified by
affidavits of the county auditor and municipal clerk showing the date
of adoption of the resolution by the three (3) bodies must be filed in
the office of the recorder of the county for recording in the
miscellaneous records. The certified and recorded copy of the
resolution is admissible in evidence in any action or proceeding as
proof 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 the
concurrent resolution under section 5 of this chapter, a board of toll
road authority trustees shall be appointed. The board consists of five
(5) trustees who are appointed in the following manner and for the
following initial terms:
(1) One (1) appointed by the municipal fiscal body of the
county seat, for a term of one (1) year.
(2) One (1) appointed by the county fiscal body, for a term of
two (2) years.
(3) One (1) appointed by the county executive, for a term of
three (3) years.
(4) One (1) appointed by the municipal executive of the county
seat, for a term of four (4) years.
(5) One (1) appointed by the county executive, for a term of
four (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) years
immediately 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) shall
be transmitted in writing to the circuit court for the county at least
ten (10) days before the end of the sixty (60) day period. The court
shall mail a notice of appointment to each trustee immediately after
the sixty (60) day period.
(d) Before taking office, each trustee shall take and subscribe an
oath of office (in the usual form), which shall be endorsed upon the
trustee's certificate of appointment. The certificate shall be promptly
filed with the clerk of the circuit court. As added by P.L.386-1987(ss), SEC.20.
IC 8-18-20-7 Expiration of trustee's term; successor
Sec. 7. (a) As the term of a trustee expires, a successor shall be
appointed by the same appointing authority, for a term of four (4)
years.
(b) A trustee holds over after the expiration of the trustee's term
until 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 the
appointment is mailed to that person; or
(2) qualifies but then dies, resigns, vacates the office because
that person is no longer a resident of the county, or is removed
from office under section 18 of this chapter;
a new trustee shall be appointed by the same appointing authority for
the 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 of
directors
Sec. 9. (a) The first trustees of the toll road authority shall, within
thirty (30) days after their appointment, meet at a time and place
designated by the circuit court for the county for the purpose of
electing officers. The trustees shall elect from among themselves a
president, a vice president, and a secretary. Each of these officers
shall serve from the date of election until the first Monday in January
after election, and holds over until a successor is elected and
qualified.
(b) At the meeting required by this section, the trustees shall
appoint the first board of directors of the toll road authority, as
prescribed by section 11 of this chapter.
(c) After appointing the first board of directors of the toll road
authority, the trustees shall meet on the first Monday in January of
each 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 special
meetings
Sec. 10. (a) The trustees may adopt rules and bylaws governing
their procedure.
(b) The proceedings of the trustees shall be recorded in a book
provided 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 is
necessary 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 a
board of directors. This board consists of five (5) directors, who shall
be appointed by a majority vote of the toll road authority trustees.
Each of the original directors shall serve from the date of the
director's appointment until the first day of February in the second
year after the director's appointment, and until a successor is
appointed 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 immediately
preceding 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 shall
take and subscribe an oath of office (in the usual form), which shall
be endorsed upon the director's certificate of appointment. The
certificate 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 be
appointed by a majority vote of the trustees. The new director shall
serve for one (1) year from the first day of February after the
director's appointment, and until a successor is appointed and
qualified. 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 trustees
shall, by a majority vote, appoint a new director to serve the
remainder 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, within
thirty (30) days after their appointment, meet for the purpose of
electing officers. They shall elect from among themselves a
president, a vice president, a secretary, and a treasurer. Each of these
officers shall perform the duties usually pertaining to that office, and
shall serve from the date of election until a successor is elected and
qualified.
(b) After the meeting under subsection (a), the directors shall meet
on the first Monday in February of each year for the purpose of
electing 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 this
chapter, the directors may hold the regular and special meetings they
consider necessary. The directors may fix the times of these meetings
and the notices required for meetings by resolution or under their
rules 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 they
consider necessary for the proper conduct of their proceedings, the
performance of their duties, and the safeguarding of the funds and
property of the toll road authority.
(b) A majority of the directors constitutes a quorum, and the
concurrence of a majority of the directors is necessary to authorize
any 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 the
authority;
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 in
which the toll road authority is located. The complaint must set forth
the charges preferred. The action shall be placed on the court's
advanced calendar, and the court shall try the action in the same
manner 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 at
any 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 is
entitled to reimbursement for expenses necessarily incurred in the
performance 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 interest
in any contract, employment, purchase, or sale made under this
chapter. Any such transaction in which a trustee or director has a
pecuniary interest is void. As added by P.L.386-1987(ss), SEC.20.
