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 Adjoining
States
IC 8-16-1-0.1
Definitions
Sec. 0.1. As used in this chapter:
"Authority" refers to the Indiana finance authority established
under 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 8-15.5
or IC 8-15.7 that is located within a metropolitan planning area (as
defined by 23 U.S.C. 134) and that connects the state of Indiana with
the 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 performance
of its duties and the execution of its powers under this chapter.
(b) The authority may employ engineering, architectural, and
construction experts, inspectors, and such other employees as may be
necessary in its opinion to implement this chapter and fix their
compensation, all of whom shall do such work as the authority may
direct. All expenses so incurred by the authority shall be paid solely
from funds provided under the authority of this chapter.
(c) This chapter:
(1) applies to the authority only when acting for the purposes
set forth in this chapter; and
(2) does not apply to the authority when acting under any other
statute for any other purpose.
(Formerly: Acts 1939, c.79, s.1; Acts 1965, c.249, s.1.) As amended
by 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 to
construct, to acquire by purchase or otherwise, or to condemn in the
manner prescribed by IC 8-23-7 highway bridges and the approaches
thereto over and across any river or stream forming the boundary
between Indiana and any adjoining state whenever the bridge or any
part thereof or the approach thereto will extend within Indiana, and
to enlarge, extend and improve such bridges. This chapter shall apply
although such river may be located either partially or solely within
the territorial limits of such adjoining state.
(b) The authority is further authorized and empowered to
construct toll roads or highways, together with such approaches,
avenues of access, fills, causeways, connecting bridges, or ferries, as
shall 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 improve
such toll roads or highways. Any toll road or highway shall be
deemed to be necessary, appurtenant, or incidental to such bridge if
it connects any such bridge with either a federal interstate highway,
a federal highway, or a state highway, or any one (1) or more of such
highways. 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 an
interstate bridge or bridges authorized by this chapter, as a
combined project.
(c) The authority may enter into agreements with the department
for the construction or operation or maintenance of any such
necessary, appurtenant, or incidental toll road or highway.
(d) The authority may enter into contracts or agreements with the
department and any combination of the appropriate departments of
any other states, whereby the department will assume the control,
management, maintenance, upkeep and repair of any bridge, as
defined in this section, and levy and collect tolls for the use thereof,
whenever:
(1) any such bridge has been constructed by an agency of the
state or an agency of the state as a joint project with any other
state or states; and
(2) such bridge has been constructed by participation with the
federal government under such terms as shall permit the state or
states to recover its contribution of the cost of the bridge by the
collection of tolls for the use thereof.
(e) The authority may also provide in such contracts or
agreements as provided in subsection (d) to:
(1) retain from the tolls so collected an amount sufficient to
cover 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 as
reimbursement of their contribution of the cost of the bridge.
(f) Whenever the term "bridge" is used in this chapter, said term
shall mean such interstate bridges or such toll roads or highways
severally as separate projects or collectively to any two (2) or more
of such interstate bridges or toll roads or highways as combined
projects. All of the provisions of this chapter relating to bridges shall
apply fully to such interstate bridges or such toll roads or highways
as separate projects or to any combination of two (2) or more of such
interstate bridges or toll roads or highways as combined projects.
However, any engineers appointed or employed in connection with
any toll roads or highways shall be designated by the authority or
department subject to such approval of the purchasers of any revenue
bonds issued pursuant to this chapter as may be provided in the
proceedings 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.) As
amended 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 to
inquire into the necessity and existing need for the construction, or
acquisition by purchase or otherwise or by condemnation, of any
interstate bridge between the state of Indiana and any adjoining state
over any stream which forms the boundary between the state of
Indiana and any such state; or the enlargement, extension of, or
improvement of such bridge. For the purpose of such inquiry, the
authority may employ engineers, construction experts, and inspectors
and fix their compensation.
(b) The authority may cause to be made by competent engineers
traffic estimates and reports and pay therefor such compensation as
may have been fixed by contract or agreement.
(c) The authority:
(1) shall view and examine the site of any bridge proposed to be
built;
(2) shall view and examine any bridge proposed to be acquired
under authority of this chapter; and
(3) may subpoena witnesses and hear evidence under oath upon
any question necessary in the determination of the question of
whether the acquisition or condemnation of such bridge already
constructed or the construction of any bridge proposed to be
built is necessary in the public interest.
(d) All expenses incurred under this section shall be paid solely
from funds provided under the authority of this chapter.
(Formerly: Acts 1939, c.79, s.4; Acts 1941, c.217, s.2.) As amended
by 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 determine
that the construction of an interstate bridge or the acquisition by
purchase or otherwise or by condemnation of any interstate bridge
already constructed or its approaches, or the enlargement, extension,
or improvement of any such bridges or their approaches, under this
chapter, is necessary and advisable in the public interest and will be
a convenience, necessity, and a benefit, the chairman of the authority
shall issue an order finding and determining that the construction of
such an interstate bridge or the acquisition by purchase or otherwise
or by condemnation of any interstate bridge already constructed, or
the enlargement, extension, or improvement thereof will be in the
public interest and convenience and necessity.
(Formerly: Acts 1939, c.79, s.5; Acts 1941, c.217, s.3.) As amended
by 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 of
Indiana and in any adjoining state, solely from funds provided under
the authority of this chapter, such lands, structures, rights-of-way,
franchises, easements, or other interests in lands, including lands
under water, riparian rights of any person, railroad, or other public
or private corporations or municipality, necessary for the building or
acquiring, by purchase or otherwise, of said bridges and approaches
thereto upon such terms, prices, or consideration as may be
considered by it to be reasonable, and can be agreed upon between
it and the owner or owners, title thereto to be taken in the name of
the 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, the
construction of which is authorized by this chapter, the authority
shall:
(1) purchase the ferry, equipment, franchises, rights, and
privileges used in connection with the operation of any ferry
which has been in continuous operation for at least fifteen (15)
years prior thereto and which is located within two (2) miles of
the 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 be
unable to agree upon a fair cash value, the valuation of such property
shall be determined in the manner provided by law for the
condemnation of property for appropriate county purposes by
counties. In the event the owner of such ferry shall not agree to the
establishment of such valuation according to the method specified in
this subsection, then in such event, the authority shall not be required
to purchase such assets from the owner of the ferry.
(Formerly: Acts 1939, c.79, s.6a; Acts 1957, c.192, s.1.) As amended
by 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 the
purpose of constructing any portion of the bridges or the approaches,
or securing rights-of-way for the approaches, the authority may
condemn any interest, franchises, easements, rights, or privileges,
land, or improvements which may be necessary for the purpose of
constructing the bridges, the approaches, or the rights-of-way leading
to the approaches.
(b) Condemnations shall be in the name of the authority and the
method shall be governed by IC 8-23-7. The authority is empowered
to exercise the powers of eminent domain as conferred upon the
authority by an act of Congress of the United States.
(c) No payments of award in any condemnation proceedings or for
the costs of proceedings under this chapter or the expenses thereof
shall be made except from funds provided under authority of this
chapter.
(d) Title to property condemned shall be taken in the name of the
state.
(e) Nothing in this section shall apply to the acquisition of any toll
bridge 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 for
construction
Sec. 10. (a) Before any bridge shall be constructed under the
provisions of this chapter, the authority shall prepare profiles, plans
and specifications, and estimates for the construction of such bridge
or bridges as they shall designate for construction under the
provisions of this chapter.
(b) Following the preparation of profiles, plans and specifications,
and estimates as provided in subsection (a), the authority shall give
notice of the time, place, terms, and conditions for the letting of the
contracts for the construction of such bridge or bridges, as is
provided by law for the giving of notices for the construction of
highways by the department.
(c) The authority shall let the contracts for the construction of
such bridge or bridges under this chapter in the same manner and
under the same conditions as are fixed by law for the letting of
contracts for the construction of highways by the department.
(Formerly: Acts 1939, c.79, s.7b; Acts 1941, c.217, s.5.) As amended
by 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 their
entirety;
(2) fix the rate of tolls;
(3) establish bylaws and, under IC 4-22-2, rules and regulations
for the use and operation of said bridges; and
(4) select such employees as it deems necessary and fix their
compensation.
(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 destroyed
by reason of the building of such bridges or approaches shall be
restored or repaired by the authority and placed in their original
condition 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 authorized
to provide funds for each and every purpose of this chapter by the
issuance of bridge revenue bonds of the state, the principal and
interest of which bonds shall be payable solely from the revenues of
the bridge to be constructed or acquired by purchase from the
proceeds of such bonds. Such revenue bonds:
(1) shall bear interest at a rate or rates approved by the authority
payable on such day as specified in the resolution or any trust
agreement;
(2) shall mature in not more than thirty (30) years from their
date or dates; and
(3) may be made redeemable at the option of the authority, at
not more than the par value thereof and a premium of five
percent (5%) under such terms and conditions as the authority
may 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 and
interest thereof.
(c) The bonds shall be executed by the manual or facsimile
signature of the chairman of the authority and sealed and attested by
the manual or facsimile signature of the public finance director. The
coupons shall bear the facsimile signature of the chairman. The
authority may also provide for authentication of the bonds by a
trustee or fiscal agent.
(d) The said bonds shall be exempt from taxation by the state of
Indiana and by the municipalities and political subdivisions thereof.
(e) The bonds may be issued in coupon or in registered form, or
both, as the authority may determine, and provisions may be made
for the registration of any coupon bonds as to principal alone and
also as to both principal and interest, and for the reconversion into
coupon bonds of any bonds registered as to both principal and
interest.
(f) Such bonds shall be sold in such manner, either at public or
private sale, as the authority may determine to be for the best
interests, taking into consideration the financial responsibility of the
purchaser and the terms and conditions of the purchase and
especially the availability of the proceeds of the bonds when required
for payment of the cost of the bridge, by the authority. Such sale
shall be at not less than ninety cents ($.90) on the dollar and accrued
interest, and the proceeds of such bonds shall be used solely for the
payment of the bridge costs, and expenses incident thereto as
authorized by this chapter, and shall be disbursed by said authority
as provided in this chapter. If the proceeds of the sale of such bonds
shall exceed such costs, any surplus remaining therefrom shall be
paid into the fund provided in section 16 of this chapter for payment
of the principal and interest of said bonds.
(g) The authority shall have the right to purchase any bonds so
issued by it that may be outstanding at the market price, but not
exceeding one hundred five dollars ($105) for each one hundred
dollars ($100) of par value and accrued interest nor exceeding the
price at which the same shall in the same year be redeemable, with
the consent of the holders of such bonds, and all bonds redeemed or
purchased shall forthwith be cancelled and shall not again be issued.
(h) Prior to the preparation of definitive bonds the authority may
under like restrictions issue temporary bonds, with or without
coupons, exchangeable for definitive bonds upon the issuance of the
latter.
(i) The authority may enter into an agreement with any trust
company as trustees for the holders of such bonds, setting forth the
duties of the authority in respect to:
(1) the construction, maintenance, operation, and insurance of
any 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 of
such bonds, restricting the individual right of action of
bondholders as is customary in trust agreements respecting
bonds 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 may
be reasonable and proper in the judgment of the authority, and
also a provision for approval by the original bond purchasers of
the appointment of consulting engineers and of the security
given by the bridge contractors and by any bank or trust
company in which the proceeds of bonds or bridge tolls or other
moneys of the authority shall be deposited; and
(2) provide that no contract for construction shall be made
without the approval of the consulting engineers.
(k) Such trust agreement may contain such further provisions as
in the judgment of the authority will best accomplish the purposes of
this chapter, with respect to:
(1) the fixing, maintaining, and collecting of tolls;
(2) the deposit, safeguarding, and disposition of the revenues
derived from such bridge;
(3) the application of revenues;
(4) the determination and establishment of priorities in the
disbursement of such revenues;
(5) the establishment of reserve funds to secure the prompt
payment of the principal of and the interest on said bonds;
(6) the limitation of the amount of expenses of the authority
chargeable to said revenues; and
(7) such other matters as in the judgment of the authority are
proper and suitable.
(l) The bonds issued under this section shall be a first lien on all
revenues of the bridge on account of which they are issued, subject
only to such prior charges as may be provided in such trust
agreement or in the resolution authorizing their issuance. The bonds
may be issued without any other proceedings or happening or any
other conditions or things than those proceedings, conditions, and
things which are specified and required by this chapter or by the
Constitution 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 the
issuance of revenue bonds pursuant to section 14 of this chapter, the
authority may further covenant and agree that moneys deposited in
the Indiana interstate bridge fund from revenues of other bridges as
reimbursement to such fund will be used to pay the interest on or
principal of such bonds due but unpaid if, at any time, the available
revenues of the bridge to be constructed or acquired by purchase
from the proceeds of such bonds are not sufficient to pay such
interest or principal. Any coupons or bonds so paid from moneys in
the Indiana interstate bridge fund shall be held uncancelled by the
authority as a part of the Indiana interstate bridge fund until the
amount represented by such coupons or bonds is reimbursed to the
fund as provided in this section. Any revenues of the bridge
constructed or acquired by purchase from the bond issue of which the
coupons or bonds held in the Indiana interstate bridge fund are a part
and which are received thereafter and are not required to pay the cost
of maintaining, repairing, and operating such bridge or to pay
principal and interest on other bonds of the issue or to maintain the
sinking fund or any other reserves, if any, at the level prescribed in
the resolution or trust agreement, shall be applied to reimbursement
of the Indiana interstate bridge fund in an amount not exceeding the
amount represented by such coupons or bonds. Such revenues shall
be applied first to coupons and then to bonds and in each case in
their numerical order. Whenever the Indiana interstate bridge fund
is reimbursed for the amount of any coupon or bond, such coupon or
bond shall be cancelled. A coupon or bond shall not bear interest for
the period held as part of the Indiana interstate bridge fund and the
fund shall be deemed to be fully reimbursed for any coupon or bond
when it receives the face amount of any such coupon or bond.
(b) If the authority agrees and covenants as provided in this
section in connection with more than one (1) issue of revenue bonds,
a bond issue bearing an earlier date than another bond issue shall
have priority as to payment of principal and interest from the Indiana
interstate bridge fund. However, so long as the revenues of any
bridge are sufficient to pay principal and interest due and owing on
the bonds issued for the purpose of constructing or acquiring such
bridge, moneys in the Indiana interstate bridge fund may be used as
provided in this section to pay the principal and interest on any other
bond issue even though such bond issue bears a subsequent date.
(c) Nothing contained in this section shall be construed as
permitting the use of money in said fund derived from state
appropriations for these purposes, and the books of account of the
authority that disclose the amounts in said fund from various sources
shall be open for inspection by the general public. Any expenditures
from the Indiana interstate bridge fund pursuant to section 18 of this
chapter shall first be made from money in said fund derived from
sources other than reimbursement from revenues of other bridges.
(Formerly: Acts 1939, c.79, s.10a; Acts 1963, c.274, s.1.) As
amended 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 for
the use of any bridge constructed or acquired by purchase pursuant
to this chapter (except in the case of a bridge constructed or acquired
under authority of section 21 of this chapter) until all bonds payable
from the revenues of such bridge have been retired and the interest
paid thereon and the Indiana interstate bridge fund or any other fund
or funds of the state have been fully reimbursed for amounts
expended 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 continue
to fix, maintain, and collect tolls for the use of the bridge.
(b) The rate of such tolls shall at all times be fixed and maintained
by the authority so as to provide funds sufficient to:
(1) pay the cost of maintaining, repairing, and operating such
bridge, including a prorated share of the expenses of the
authority based upon the gross receipts from all bridges
constructed or acquired by purchase by the authority under the
provisions of this chapter;
(2) pay the principal of and the interest on all bonds in
accordance with the terms thereof payable from the revenues of
such bridge;
(3) reimburse each year the Indiana interstate bridge fund or any
other funds of the state for expenditures made for the
construction, acquisition, enlargement, extension, or
improvement 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 or
funds by the issuance of bonds pursuant to section 20 of this
chapter; and
(4) pay interest on amounts so expended from any such funds
at such rate as may be deemed proper by the authority.
(Formerly: Acts 1939, c.79, s.11; Acts 1955, c.323, s.2.) As amended
by 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 of
funds; conveyances
Sec. 17.1. (a) The authority may, after adopting a resolution and
after receiving the governor's approval, determine under IC 8-23-7
that any toll bridge constructed or operated by the authority should
become a part of the system of state highways free of tolls or become
a tollway under IC 8-15-3.
(b) A resolution adopted under subsection (a) becomes effective
when:
(1) all bonds to which the revenues of the toll bridge were
pledged for payment, together with all interest, is paid, or a
sufficient amount for the payment of all those bonds and the
interest to maturity is set aside in trust for the benefit of
bondholders; and
(2) to the extent authorized by the authority as provided in
subsection (d), the Indiana interstate bridge fund or any other
fund of the state is reimbursed for amounts expended from the
fund 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 bridge
constructed by the authority or its predecessors remains under the
jurisdiction of the authority and the authority shall continue to
maintain and operate the toll bridge and levy and collect tolls as
provided in this chapter. Subject to any agreement entered into by the
Secretary of Transportation of the United States, acting by and
through the federal highway administrator, and the state, acting by
and through the department, tolls on any project may be continued
from the date of the payment of the principal of and interest on bonds
issued for the construction of the toll bridge.
(d) The authority may use revenue received from tolls under
subsection (c) to reimburse the Indiana interstate bridge fund or any
other state fund for an expenditure made for the purposes of this
chapter, whether or not the expenditure was made in connection with
the bridge from which the tolls were received. Before reimbursing
any fund under this subsection, the authority shall provide for the
cost of maintaining, repairing, or operating the toll bridge. If the
authority decides to make a reimbursement under this subsection, it
shall first fully reimburse all other eligible funds before it may
reimburse the interstate bridge fund. After the interstate bridge fund
is reimbursed, the authority may transfer revenue received from tolls
under subsection (c) to the state for deposit in the state highway fund
for use as provided by law.
(e) If the authority adopts a resolution under subsection (a) that
becomes effective under subsection (b), the toll bridge becomes the
property of the state without a deed of conveyance, and the bridge
comes under the jurisdiction and control of the department as part of
the Indiana state highway system or as a tollway, as designated in the
resolution.
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 as
the 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, expenditures
from the fund shall be made only for the purpose of:
(1) paying the cost of constructing or acquiring, by purchase or
condemnation, highway bridges and the approaches thereto,
which may be constructed or acquired by authority of this
chapter; or
(2) paying the cost of enlarging, extending, or improving any
such bridge or the approaches thereto.
The costs specified in subdivisions (1) and (2) shall include the
expense of all engineering, architectural, legal, and other expert
service rendered to the authority and other preliminary and incidental
expenses. Such payments may be made as such costs are incurred or
such services rendered.
(c) Any income from such fund or any part of the principal not
pledged to the payment of bonds issued by the authority may be used
for the purposes set forth in section 4 of this chapter, and the fund
shall be reimbursed for any such expenditures out of the proceeds of
any bonds issued for the construction or acquisition of any bridge on
account 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 under
this chapter, and the cost thereof paid in whole or in part from the
Indiana interstate bridge fund, it shall be the duty of the authority
(except in the case of a bridge constructed or acquired under
authority of section 21 of this chapter) to fix, maintain, and collect
tolls for the use of such bridge from the time of the completion
thereof in accordance with section 16 of this chapter.
(b) All revenues from a bridge in excess of those required by
section 16 of this chapter shall be applied to reimbursement of the
Indiana interstate bridge fund in the order and manner provided so
that such funds may be fully reimbursed as rapidly as the revenues
of 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 to
issue from time to time its bridge revenue bonds for the purpose of
reimbursing, in whole or in part, the Indiana interstate bridge fund
and any other fund or funds of the state, for sums disbursed for the
construction, acquisition, enlargement, extension, or improvement of
a bridge under this chapter or for such purpose in combination with
any one (1) or more of the purposes authorized by section 14 of this
chapter. Such bonds shall be issued in the manner, shall be of the
character, and shall be secured and paid as set out in section 14 of
this chapter. The authority may sell such bonds in the manner
provided 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 a
bridge under authority of section 2 of this chapter, and a substantial
part 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 other
state; or
(4) any political or municipal subdivision thereof or any public
corporation thereof;
then the authority is authorized to pay the share of the entire cost of
such purchase or acquisition to be borne by it or by the state of
Indiana from the Indiana interstate bridge fund. Any such bridge may
be operated as a free bridge without the imposition of any tolls for
the use thereof and no reimbursement need be made to the fund.
(b) The authority is authorized to enter into such contracts and
agreements as it may deem necessary and proper in relation to the
construction 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 or
municipal subdivision or public corporation;
which shall so contribute to the cost of the construction or
acquisition of any such bridge. Title to any such bridge shall be taken
in the name of the state of Indiana and it shall be maintained by the
authority.
(Formerly: Acts 1939, c.79, s.13d; Acts 1947, c.340, s.4.) As
amended 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 over
any 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 be
construed as supplemental to any other statute and shall not repeal or
affect any other section of this chapter except as specifically
provided, and in the event of any conflict with any other section of
this 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 bridge
subject to this section does not become a part of the system of state
highways free of tolls or a tollway under IC 8-15-3 when bonds are
retired and all funds fully reimbursed.
(c) Money collected for the use of a bridge subject to this section
shall be allocated to the authority and used for the following
purposes:
(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 to
be located within the same county in which the bridge subject
to 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 Lincoln
Trail Bridge at Cannelton.
(b) This subsection applies notwithstanding sections 16, 17.1, and
19 of this chapter. On January 1, 1988, without a deed of
conveyance, 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 purpose
of making an agreement for the maintenance of the bridge.
(d) The agreement described in this section must include the terms
of the agreement set forth in the NINETEENTH provision of the
interstate agreement entitled "AGREEMENT FOR
CONSTRUCTION OF BRIDGES OVER THE OHIO RIVER IN
THE MAUCKPORT, INDIANA-BRANDENBURG, KENTUCKY
AREA AND THE CANNELTON, INDIANA-HAWESVILLE,
KENTUCKY AREA AND APPROACHES THERETO" (approved
August 8, 1963), to the effect that when one (1) or both of the
bridges described in the agreement become toll free, the costs of the
maintenance program 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 the
bridge shall be maintained through a program to preserve, repair, and
restore the bridge with its elements to its original designed or
accepted standard, and to offset the effects of weather, organic
growth, deterioration (aging, material failure, design and
construction faults), traffic wear, damage, and vandalism. The
bridge's elements include such items as travelway surfaces,
shoulders, roadsides, drainage, drainage facilities, signs, markings,
lighting, and fixtures. The maintenance program must include bridge
inspection, snow and ice removal, cleaning, painting, repairing, and
replacement of rails, floors, stringers, and beams.
(f) Notwithstanding subsection (b), after December 31, 1987, and
until Indiana and Kentucky make an agreement as described in this
section, the toll for an automobile is twenty-five cents ($0.25). The
department shall set tolls for vehicles other than automobiles that
are:
(1) at rates that when added to the revenue from automobile
tolls will yield enough revenue to offset the operating costs of
the bridge; and
(2) are proportionate to the tolls for vehicles other than
automobiles 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 Toll
Bridge at Mauckport.
(b) This subsection applies notwithstanding sections 16, 17.1, and
19 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 of
the state highway system.
(c) The department shall negotiate with Kentucky for the purpose
of making an agreement for the maintenance of the bridge.
(d) The agreement described in this section must include the terms
of the agreement set forth in the NINETEENTH provision of the
interstate agreement entitled "AGREEMENT FOR
CONSTRUCTION OF BRIDGES OVER THE OHIO RIVER IN
THE MAUCKPORT, INDIANA-BRANDENBURG, KENTUCKY
AREA AND THE CANNELTON, INDIANA-HAWESVILLE,
KENTUCKY AREA AND APPROACHES THERETO" (approved
August 8, 1963), to the effect that when one (1) or both of the
bridges described in the agreement become toll free, the cost of the
program 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 the
bridge shall be maintained through a program to preserve, repair, and
restore the bridge with its elements to its original designed or
accepted standard, and to offset the effects of weather, organic
growth, deterioration (aging, material failure, design and
construction faults), traffic wear, damage, and vandalism. The
bridge's elements include such items as travelway surfaces,
shoulders, roadsides, drainage, drainage facilities, signs, markings,
lighting, and fixtures. The maintenance program must include bridge
inspection, snow and ice removal, cleaning, painting, repairing, and
replacement of rails, floors, stringers, and beams.
(f) Notwithstanding subsection (b), after June 30, 1992, and until
Indiana and Kentucky make an agreement as described in this
section, 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.