CHAPTER 9. LOCAL COUNTY ROAD AND BRIDGE BOARD
IC 8-14-9
Chapter 9. Local County Road and Bridge Board
IC 8-14-9-1
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-14-9-2
Repealed
(Repealed by Acts 1982, P.L.1, SEC.71.)
IC 8-14-9-3
Board; establishment; taxing district
Sec. 3. The county council of a qualified county may establish a
local county road and bridge board to be known as the Local County
Road and Bridge Board of ___________ (insert the name of the
qualified county) and a special taxing district to be known as the
Local County Road and Bridge District of ___________ (insert the
name of the qualified county). The territory which is within the
boundaries of a qualified county constitutes the territory of a special
taxing district established by the county council of that qualified
county under this chapter.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-4
Members; tenure; compensation
Sec. 4. (a) The local county road and bridge board consists of
three (3) members appointed by the president of the county council
of the county.
(b) All terms of office begin on January 1 and end on December
31. Members of the board serve two (2) year terms. If a vacancy
occurs, a qualified person shall be appointed by the president of the
county council of the county to serve for the remainder of the term.
(c) A member of the board may be removed for cause by the
president of the county council of the county.
(d) Members of the board may not receive a salary. However,
board members shall receive reimbursement for necessary expenses,
but only if the expenses are incurred in the performance of their
duties.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-5
Construction projects; adoption of resolution
Sec. 5. (a) Whenever the local county road and bridge board
determines that it is necessary for the general welfare of the persons
residing within the local county road and bridge district and that it
will be of public utility and benefit to the property in the district to
carry out a project of construction, reconstruction, or operation of
roads or bridges, or both, within the district, the board shall adopt a
resolution stating the necessity of the project and the intent of the
district to proceed with the project.
(b) As a part of the resolution, the local county road and bridge
board shall:
(1) adopt preliminary or final plans and specifications for the
entire project; and
(2) determine the estimated cost of all work and all acquisitions
necessary to carry out the project.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-6
Resolution; public inspection; notice; hearing
Sec. 6. (a) A resolution adopted under section 5 of this chapter
shall be made available for public inspection. The board shall publish
notice of the adoption. The notice must contain a general description
of the resolution, and it must indicate that the resolution and included
materials may be inspected at a specified location.
(b) The notice shall be published in one (1) newspaper of general
circulation within the local county road and bridge district once each
week for two (2) consecutive weeks.
(c) The notice shall specify a date, not less than ten (10) days after
the date of last publication, on which the board will conduct a
hearing at which interested or affected parties may object to the
resolution.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-7
Remonstrances; filing; hearing and decision
Sec. 7. (a) At or before the time fixed under section 6 of this
chapter for a hearing, any interested or affected party may file with
the board a written remonstrance against the proposed project, in
whole or in part. At the hearing, which may be adjourned from time
to time, the board shall hear all interested persons, and shall finally
determine if the project, in whole or in part, is necessary for the
general welfare of the persons residing in the district and will be of
public utility and benefit to the property in the district. The board
may confirm, modify, or rescind the resolution.
(b) The board shall keep a record of its decision on each proposed
project, and submit the decision as a resolution to the county council
of the qualified county.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-8
Resolution; approval by county council; duties of board
Sec. 8. If the county council of a qualified county approves a
resolution submitted to it under section 7(b) of this chapter, the local
county road and bridge board shall, for purposes of carrying out the
project:
(1) let contracts, in accordance with IC 5-17-1;
(2) acquire real estate; and
(3) employ persons by special contract to render professional or
consulting services.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-9
Modification of approved projects; new resolutions
Sec. 9. (a) The local county road and bridge board may modify a
project approved under section 8 of this chapter if:
(1) the modification is necessary to carry out the purpose and
intent of the resolution; and
(2) the modifications do not increase the estimated cost
determined under section 5(b) of this chapter.
(b) Any modification which does not meet the requirements
prescribed by subsection (a) must be made by a new resolution that
is adopted and approved in the manner provided by sections 5
through 8 of this chapter.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-10
Bonds; issuance; limitations; approval
Sec. 10. (a) Subject to the limitations imposed by this section, the
local county road and bridge board may issue bonds in the name of
the qualified county for the benefit of the local county road and
bridge district. The bonds shall be issued for the purpose of raising
money to acquire lands or rights-of-way, and to pay for any capital
improvement, necessary for the construction, reconstruction, or
operation of roads or bridges, or both, within the district. The local
county road and bridge board may appropriate the proceeds of the
bonds.
(b) The amount of bonds to be issued may not exceed the
estimated cost of:
(1) all lands and rights-of-way to be acquired;
(2) capital improvements;
(3) supervision and inspection fees during the period of
construction or reconstruction;
(4) programming, planning, and designing the capital
improvements; and
(5) all necessary expenses, including publication of notices,
engineering fees, architectural fees, and legal fees, incurred in
acquiring property, letting contracts, and selling bonds for the
project.
The amount of bonds issued for the project may not exceed the
estimated cost determined under section 5(b) of this chapter. In
addition, the amount of outstanding bonds issued by a county under
this chapter may not exceed two percent (2%) of the adjusted value
of taxable property located within the local county road and bridge
district as determined under IC 36-1-15.
(c) The local county road and bridge board may issue bonds under
this chapter only if the issuance of those bonds has been approved
by:
(1) the county council of the qualified county; and
(2) the department of local government finance as required by
IC 6-1.1-18.5-8.
(d) A local county road and bridge board may issue bonds under
this chapter only if:
(1) the county motor vehicle excise surtax (IC 6-3.5-4) and the
county wheel tax (IC 6-3.5-5) are in effect in the county in
which the local county road and bridge district is located;
(2) the county motor vehicle excise surtax is being imposed at
the maximum allowable rate; and
(3) the county in which the local county road and bridge district
is located has not obtained a loan under IC 8-14-8.
(e) No bonds may be issued under this section after June 30, 1984.
As added by Acts 1981, P.L.88, SEC.13. Amended by P.L.73-1983,
SEC.17; P.L.3-1990, SEC.31; P.L.6-1997, SEC.134; P.L.90-2002,
SEC.318.
IC 8-14-9-11
Bonds; disclaimer; revenues for payment
Sec. 11. The face of each bond shall include a statement that the
bond does not constitute a corporate obligation or indebtedness of
the qualified county and that the bond principal and interest are
payable only out of the revenues of the local county road and bridge
district.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-12
Bonds; tax exemption; application of laws
Sec. 12. All bonds and interest on bonds issued under this chapter
are exempt from taxation as provided under IC 6-8-5-1. All general
laws relating to:
(1) the filing of a petition requesting the issuance of bonds;
(2) the right of:
(A) taxpayers and voters to remonstrate against the issuance
of bonds, in the case of a proposed bond issue described by
IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds, in the case of a
proposed bond issue described by IC 6-1.1-20-3.5(a);
(3) the appropriation of the proceeds of the bonds and the
approval of the appropriation by the department of local
government finance; and
(4) the sale of bonds at public sale for not less than par value;
are applicable to proceedings under this chapter.
As added by Acts 1981, P.L.88, SEC.13. Amended by P.L.90-2002,
SEC.319; P.L.219-2007, SEC.93; P.L.146-2008, SEC.362.
IC 8-14-9-13
Tax; imposition; limitation
Sec. 13. For the purpose of raising money to pay bonds issued
under section 10 of this chapter as the bonds severally mature, and
to pay all interest accruing on the bonds, the county council of a
qualified county may, notwithstanding IC 8-18-8-5, impose a special
tax on all real and personal property located within the local county
road and bridge district. However, the county council may only
impose a tax under this section for a particular budget year to the
extent that the estimated revenues that the county will receive from
the county motor vehicle excise surtax and the county wheel tax
during that budget year will be insufficient to pay the principal and
interest coming due on those bonds during that budget year. The
special tax constitutes the amount of benefits to the property which
result from carrying out a project under this chapter.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-14
Local county road and bridge district bond fund; deposits;
exemption; use
Sec. 14. (a) A separate fund known as the local county road and
bridge district bond fund is created for deposit of the following
monies:
(1) revenues collected from the tax imposed under this chapter;
(2) any appropriation made under section 16 of this chapter; and
(3) any proceeds remaining from the sale of bonds after
payment of all costs and expenses described in section 10(b) of
this chapter.
In addition, if there are any outstanding bonds issued under this
chapter, then revenues received by the county from the county motor
vehicle excise surtax and the county wheel tax shall, notwithstanding
IC 6-3.5-4-13 and IC 6-3.5-5-15, be deposited in the local county
road and bridge district bond fund. However, this subsection does not
apply to county motor vehicle excise surtax and county wheel tax
revenues which are to be distributed under IC 6-3.5-4-13 and
IC 6-3.5-5-15 to cities and towns located in the county.
(b) Monies in the fund shall be used only for payment of local
county road and bridge district bonds as they severally mature, and
the interest on those bonds.
(c) Monies in the fund shall be deposited with one (1) depository
of other funds of the qualified county. Interest accruing on monies in
the fund belongs to the fund.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-15
Local county road and bridge construction fund; use; deposits
Sec. 15. (a) All proceeds from the sale of bonds issued under this
chapter shall be deposited in a separate fund known as the local
county road and bridge district construction fund. Monies in the fund
shall be used to pay for:
(1) any lands or rights-of-way to be acquired for roads or
bridges, or both, within the local county road and bridge
district;
(2) any capital improvement necessary for the construction,
reconstruction, or operation of roads or bridges, or both, within
the local county road and bridge district; and
(3) any other necessary expenses incurred in carrying out the
project.
Monies in the fund may not be used to pay the salaries of employees
of the qualified county.
(b) Monies in the fund shall be deposited with any depository of
public funds of the qualified county. Interest accruing on monies in
the fund belongs to the fund.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-16
Bonds; payment; appropriation
Sec. 16. The county council may annually appropriate other
monies to the local county road and bridge district bond fund to pay
bonds as they severally mature, and to pay interest on the bonds in
the year following the appropriation.
As added by Acts 1981, P.L.88, SEC.13.
IC 8-14-9-17
Expenditures not subject to Geometric Design Guide for Local
Roads and Streets
Sec. 17. Notwithstanding any other law, expenditures made from
the local county road and bridge district construction fund are not
subject to the provisions of the Geometric Design Guide for Local
Roads and Streets.
As added by Acts 1982, P.L.79, SEC.3. Amended by P.L.86-1988,
SEC.16.