CHAPTER 2. INTERSTATE TOLL BRIDGES
IC 8-16-2
Chapter 2. Interstate Toll Bridges
IC 8-16-2-0.5
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.23.
IC 8-16-2-1
Authority to construct bridges
Sec. 1. The department is hereby authorized and empowered, in
its discretion, to construct a highway bridge over and across any river
or other stream forming the boundary-line between the state of
Indiana and any state adjoining the state of Indiana, notwithstanding
the waters of such rivers or streams may not at all times extend to or
reach such boundary-line, whenever such bridge or any part thereof,
including the approaches thereto as a part thereof, will be within the
state of Indiana and will directly connect any state or interstate
highway in existence or to be constructed within the state of Indiana
with any interstate or other public highway in existence or to be
constructed in such adjoining state, and although such river or stream
may be located either partially or wholly within the territorial limits
of such adjoining state; and that, in constructing and maintaining any
such bridge, including the approaches thereto as a part thereof, and
in providing the necessary personal and real property and easements
in real property which may be required for the proper, effective and
convenient location, construction and operation of any such bridge,
the department is hereby authorized and empowered to use and
expend so much of the funds provided, or to be provided, by law for
its use as may be found by it to be reasonably necessary for such
purposes.
(Formerly: Acts 1927, c.10, s.1.) As amended by Acts 1980, P.L.74,
SEC.279.
IC 8-16-2-2
Federal consent to construct bridge
Sec. 2. Any such bridge may be so constructed across and over
any such river or other stream at any point determined upon and
designated by the department, but only with the consent and approval
of and subject to the regulations of the proper authorities of the
United States having jurisdiction in such matters, whenever such
jurisdiction of the United States exists, and with the consent and
approval of the proper authorities of such adjoining state or of the
United States; and express authority is hereby conferred upon the
department to build any necessary part of any such bridge, including
the approaches thereto as a part thereof, within the territorial limits
of any such adjoining state and for that purpose to utilize any
location or right of way provided by such adjoining state, within its
boundaries, if such location and right of way be so provided; and if
the United States or such adjoining state, or any duly constituted
agency of either, shall acquire the necessary personal and real
property and easements in real property situate in such adjoining
state and suitable for use in the proper, effective and convenient
location, construction and operation of such bridge, then and in that
event the department is hereby authorized and empowered to take
over and acquire, by contract or agreement, and make use of such
personal and real property and easements in real property so situate
in such adjoining state for the necessary purposes of the effective and
convenient location, construction and operation of such bridge, and
if unable to procure the necessary personal and real property and
easements in real estate in such adjoining state by contract or
agreement, after reasonable effort in that direction, then the
department shall have the right and it is hereby authorized to take, in
the name and on behalf of the state of Indiana, such proceedings for
condemnation of such necessary personal and real property and
easements in real property in such adjoining state as may be
permitted or provided for by the laws of such adjoining state or by
the laws of the United States.
(Formerly: Acts 1927, c.10, s.2.) As amended by Acts 1980, P.L.74,
SEC.280.
IC 8-16-2-3
Authority to negotiate construction of bridges
Sec. 3. In addition to any and all other powers conferred upon it
by this chapter, the department is hereby expressly authorized to
negotiate with the proper authorities of any such adjoining state, and
to contract for and procure the right to build, maintain and operate
such bridge upon that part of any site which may be selected therefor
and which shall lie within the boundaries of such adjoining state.
(Formerly: Acts 1927, c.10, s.3.) As amended by Acts 1980, P.L.74,
SEC.281.
IC 8-16-2-4
Estimates of construction costs; issuance of bonds
Sec. 4. If the department shall, in its discretion, determine to
construct any such bridge as in this chapter provided for, in
accordance with the authority conferred by this chapter, the
department shall ascertain and estimate, as nearly as is practicable,
the probable cost of the location and construction of such bridge,
including the approaches thereto as a part thereof, and including also
in said estimated cost the cost of acquiring all necessary personal and
real property and easements in real property, and shall certify the
amount of such estimated cost, together with a copy of its order
expressing its determination to construct such bridge, to the county
auditor of that county in Indiana in which such bridge, or any part
thereof, considering the approaches thereto as a part thereof, is
located; and thereupon such county, by and through its board of
county commissioners, by appropriate resolution and order, shall
forthwith issue and execute the negotiable bonds of such county,
with proper interest coupons attached thereto, in an amount equal to
one-fourth of such estimated cost of the location and construction of
such bridge: Provided, That no county shall issue its bonds under the
provisions of, or for any of the purposes contemplated in, this
chapter in any amount in excess of one percent (1%) of the adjusted
value of the taxable property within such county as determined under
IC 36-1-15.
(Formerly: Acts 1927, c.10, s.4.) As amended by Acts 1980, P.L.74,
SEC.282; P.L.6-1997, SEC.135.
IC 8-16-2-5
Issuance of bonds; redemption
Sec. 5. (a) Said bonds shall be issued in denominations of one
thousand dollars ($1,000) each, except that one (1) bond may be for
less than one thousand dollars ($1,000), and all shall be made
payable to bearer at some designated bank in the state of Indiana and
shall bear interest at any rate, payable semiannually. Said bonds shall
be numbered in consecutive, numerical order and shall be so issued
as to the maturity dates thereof that one-thirtieth part, as nearly as
practicable, of all said bonds shall become due and be payable on the
first day of December following the time allowed by law for the
collection of the first tax levied for use in paying said bonds and the
interest thereon, and a like amount of said bonds shall thereafter
become due each year and on the same date each year until all
become due and payable.
(b) Said bonds shall be issued and otherwise executed as the
bonds of such county, shall be the bonds of and a direct obligation of
such county, shall be signed by its board of county commissioners
and sealed with the corporate seal of said county and attested by the
county auditor of such county; but the lithograph signature of the
auditor of such county shall be the only signature required upon the
interest coupons attached to said bonds.
(c) Such bonds, or any part thereof, shall be subject to call and
redemption by such county at any semiannual interest payment date
after the expiration of five (5) years from the date of issue, and from
time to time thereafter before maturity, at the par value thereof plus
accrued interest, at the election of the board of county commissioners
of such county.
(d) If said board of county commissioners shall determine to
redeem any of said bonds prior to maturity, such bonds shall be
redeemed in their numerical order and notice of such election to
redeem prior to maturity shall be given by two (2) publications, one
(1) each week and on the same day of each week, in two (2)
newspapers of general circulation, printed in the English language
and published, one (1) at the city of Indianapolis and the other at the
county seat of the county by which said bonds were issued, which
publications shall be completed at least ten (10) days prior to the
interest paying date on which any of said bonds are called for
redemption. Said notice shall state the number or numbers of the
bonds so called for redemption prior to maturity and otherwise
identify and make certain the bonds so to be redeemed, and the bonds
so called for redemption shall be redeemed and paid by such county
at the time and place designated in such notice.
(e) If the bonds so called for redemption are not surrendered or
tendered by the holders thereof for redemption at the time and place
designated in said notice, such bonds shall not thereafter bear any
interest, provided the county has on deposit at the time and place
designated sufficient funds to redeem and pay such bonds, together
with the accrued interest thereon.
(Formerly: Acts 1927, c.10, s.5.) As amended by Acts 1981, P.L.11,
SEC.55.
IC 8-16-2-6
Bond sales
Sec. 6. When so executed, such bonds shall be sold as now
provided by law for the sale of other county bonds, except that, in
addition to any other notice required by law, such bonds shall be
advertised in a public newspaper of general circulation published at
the city of Indianapolis, Indiana; and the proceeds derived from the
sale of such bonds shall be forthwith paid over by the county
treasurer of such county to the treasurer of state of the state of
Indiana, and shall become a part of the state highway funds of said
state, to be used in the construction of such bridge and for no other
purpose: Provided, That if the proceeds derived from the sale of such
bonds shall amount to more than one-fourth of the actual cost of the
construction of such bridge, the excess of such proceeds over and
above one-fourth of the actual cost of the construction of such bridge
shall, at the completion of such bridge, be repaid by the treasurer of
state of the state of Indiana to such county and shall be used by such
county in the payment of such bonds and the interest thereon and for
no other purpose: Provided, further, That if, for any cause
whatsoever, all or any part of said proceeds derived from the sale of
any such bonds of such county shall not be actually used in the
construction of such bridge, all of said proceeds not so used shall be
repaid to such county and shall be used by it in the payment of such
bonds and the interest thereon and for no other purpose; and if, at any
time, the completion of any such bridge shall be abandoned, or shall
be permanently or perpetually enjoined by decree of any court, from
which no appeal is taken within the time of appeal allowed by law,
and thereafter prosecuted with due diligence, or if the completion of
such bridge be rendered impracticable by natural causes or
otherwise, then in any such event all funds derived from the sale of
county bonds hereunder and placed with the treasurer of state, as
herein provided, to be used as a part of the state highway funds of the
state in the construction of such bridge, and not so used, shall
thereupon, together with any and all depository interest which shall
have accrued on such fund while in the possession of the treasurer of
state, be returned at once by the treasurer of state to the said county,
and shall be used by it in payment of such bonds so issued by it as
aforesaid and the interest thereon and for no other purpose.
(Formerly: Acts 1927, c.10, s.6.)
IC 8-16-2-7
Tax levy
Sec. 7. For the purpose of raising money to pay said bonds and
interest thereon, as provided in this chapter, the proper officers of
every county issuing bonds under authority of this chapter shall, as
soon as said bonds are sold and annually thereafter at the time the
general tax levy is made, levy a tax, in addition to all other taxes
authorized by law to be levied by such county, upon the property
within said county subject to taxation, in such manner as to meet the
principal and interest of said bonds as they become due, and such tax
shall be levied and collected as other taxes are levied and collected,
and shall be applied to the payment of such bonds and interest
provided, that if any other funds provided by law for the payment of
said bonds and interest shall come to the hands of the proper officer
of said county and be available for payment on said bonds and
interest, the tax in this section provided for may be abated to the
extent only that such other funds provided by law may be actually
available for payment of such bonds and interest at the time for
making any such annual tax levy.
(Formerly: Acts 1927, c.10, s.7.) As amended by P.L.66-1984,
SEC.60.
IC 8-16-2-8
Receipts from bond sale
Sec. 8. Upon receipt by the treasurer of state of the state of
Indiana of the proceeds of the sale of any such county bonds as may
be issued hereunder, such proceeds shall become a part of the state
highway funds, subject only to the provisions and limitations as to
repayment thereof in this chapter contained, and the department shall
thereupon construct such bridge and the cost thereof shall be paid out
of state highway funds.
(Formerly: Acts 1927, c.10, s.8.) As amended by Acts 1980, P.L.74,
SEC.283.
IC 8-16-2-9
Bridge maintenance
Sec. 9. Such bridge shall be maintained by the department as other
highway bridges are maintained by it, and the cost of such
maintenance shall be paid out of the state highway funds, except as
herein otherwise provided; but no part of the proceeds of the sale of
bonds issued by any county hereunder shall ever be used for such
maintenance.
(Formerly: Acts 1927, c.10, s.9.) As amended by Acts 1980, P.L.74,
SEC.284.
IC 8-16-2-10
Dedication of bridges
Sec. 10. Any and every bridge which may be constructed under
the provisions of this chapter shall be and hereby is dedicated as an
instrument of interstate commerce for the equal use of all citizens of
the United States and of any other persons who may be entitled to the
use thereof.
(Formerly: Acts 1927, c.10, s.10.) As amended by P.L.66-1984,
SEC.61.
IC 8-16-2-11
Tolls
Sec. 11. If and when authority so to do shall be granted and
conferred by appropriate legislation by the Congress of the United
States, the department shall charge toll, in accordance with the
provisions of this chapter, for the use of any bridge constructed under
the provisions of this chapter; and the department shall fix and
establish the rates of toll to be paid for the use of such bridge, and for
such purpose shall have authority to classify the users of such bridge
into reasonable classes and to fix the rates of toll accordingly:
Provided, however, That such right to charge toll, and also said rates
of toll and the classification of the users of such bridge so fixed and
established, shall be subject to the approval and control of the proper
authorities of the United States, as provided by the acts of congress
providing for the supervision or regulation of the taking of tolls over
interstate bridges.
(Formerly: Acts 1927, c.10, s.11.) As amended by Acts 1980, P.L.74,
SEC.285.
IC 8-16-2-12
Toll gates and toll collectors' houses; toll collector's bond
Sec. 12. The department shall erect upon, or adjacent to, any and
every such bridge or its approaches, and within the territorial limits
of the state of Indiana, all necessary and convenient toll-gates and
toll-collectors' houses, and shall employ all necessary toll-collectors,
who shall each, before entering upon the performance of his duties,
execute his bond, payable to the state of Indiana, in the penal sum of
one thousand dollars ($1,000), with surety to the approval of the
department, and conditioned for the faithful performance of his
duties as such toll-collector and that he will faithfully account for
and pay over according to law all moneys that may come to his hands
as such toll-collector. All tolls collected by said toll-collectors shall
be deposited daily in some state depository designated by the
department to the credit of the treasurer of state of the state of
Indiana as a toll fund to be used and disbursed as provided for in this
chapter.
(Formerly: Acts 1927, c.10, s.12.) As amended by Acts 1980, P.L.74,
SEC.286.
IC 8-16-2-13
Toll collectors; employment and compensation
Sec. 13. Such toll-collectors shall be selected, employed and paid
in the same manner as other employees of the department are
selected, employed and paid: Provided, That they shall be paid only
out of said toll fund and their wages shall not be a charge upon the
general funds of the department. Said toll-collectors shall be subject
to the complete control of the department and to such regulations as
it may prescribe governing their duties.
(Formerly: Acts 1927, c.10, s.13.) As amended by Acts 1980, P.L.74,
SEC.287.
IC 8-16-2-14
Powers of toll collector
Sec. 14. Every toll-collector shall, by virtue of his employment,
and while in the discharge of his duties, have full and complete
police power, and shall be authorized to make arrests without a
warrant for any violation in Indiana of the criminal laws of the state
of Indiana, occurring in his presence.
(Formerly: Acts 1927, c.10, s.14.)
IC 8-16-2-15
Failure to pay toll
Sec. 15. It is a Class C infraction for a person to pass by any
toll-gate established by the department in accordance with this
chapter without the payment of the proper toll as prescribed by the
department. It is a Class C infraction for a toll-collector to knowingly
permit any person to pass such a toll-gate without the payment of the
toll.
(Formerly: Acts 1927, c.10, s.15.) As amended by Acts 1978, P.L.2,
SEC.856; Acts 1980, P.L.74, SEC.288; Acts 1981, P.L.108, SEC.3.
IC 8-16-2-16
Rules and regulations; posting
Sec. 16. The department shall have the right to make all
reasonable rules and regulations governing the use of such bridge
which are consistent with the provisions of this chapter and with the
laws of the state of Indiana, and with the laws of such adjoining
state, and with any laws or regulations of the United States,
applicable to the use of such bridges. It shall be the duty of the
department to cause to be placed in full view, in legible and large
letters, upon or in each of the tollhouses established by it upon said
bridge or its approaches, all such rules and regulations adopted by it
in accordance with the provisions of this chapter, and also the toll
rates adopted for the use of such bridge.
(Formerly: Acts 1927, c.10, s.16.) As amended by Acts 1980, P.L.74,
SEC.289; P.L.1-2009, SEC.71.
IC 8-16-2-17
Toll receipts
Sec. 17. The moneys derived from tolls taken for the use of such
bridge shall be applied first to the payment of the expense of
collecting such tolls. The net amount of such toll fund remaining
after the payment of the expense of collecting such tolls shall be
divided equally between the state of Indiana and the county in said
state which has issued bonds in aid of the bridge from which the tolls
were derived until each of said state and said county has received
back an amount equal to the amount contributed by the county to the
said bridge, together with interest thereon up to the time of
repayment; and such net toll shall be used for no other purpose.
Payment of such net toll shall be made semiannually, and it is hereby
made the duty of the officer having custody of such net tolls to pay
to such county its share thereof, ascertained as aforesaid, and to the
state of Indiana its share thereof, ascertained as aforesaid, and all
amounts so paid to such county shall be used by such county, when
so received, in payment of its said bonds and interest so long as any
of said bonds and interest remain outstanding and unpaid. All
depository interest accruing on such fund, shall be added to and shall
constitute a part of such fund.
(Formerly: Acts 1927, c.10, s.17.)
IC 8-16-2-18
Retirement of tolls
Sec. 18. Whenever such county, either from moneys derived from
net tolls as aforesaid or from moneys paid by an adjoining state, or
from both of such sources, shall have been repaid an amount equal
to the amount of money contributed by such county to said state
highway funds in aid of the construction of such bridge, including
principal and interest, and when the state highway fund, either from
money derived from net tolls as aforesaid, or from money paid by an
adjoining state, or from both sources, shall have been paid an amount
equal to the amount contributed by such county in aid of the
construction of such bridge, plus interest thereon to the time of such
repayment, then the right to take tolls on such bridge shall
immediately cease and such bridge shall thereupon be declared to be
and shall be a free bridge for use in interstate commerce between the
state of Indiana and such adjoining state. In no event, however, shall
tolls be collected for a longer period of time than is permitted by any
law of congress now in force or hereafter enacted regulating the
collection of tolls on interstate bridges.
(Formerly: Acts 1927, c.10, s.18.)
IC 8-16-2-19
Contracts with adjoining states
Sec. 19. In the discharge of its duties under the provisions of this
chapter, the department, as the agent and representative of the state
of Indiana and in the name of the state of Indiana, is hereby
authorized and empowered, both before and during the construction
of any such bridge and after the completion thereof, to cooperate
with and enter into a contract or contracts with such adjoining state,
acting through any proper authorities or agents representing such
adjoining state, to provide for the payment by such adjoining state of
such part of the costs of the construction of such bridge, not
exceeding one-half thereof, as may be agreed upon in such contract;
and in such contract to also agree upon and determine the time and
manner of the making by such adjoining state of such payment or
payments and all other details in connection therewith: Provided,
That any moneys paid to the state of Indiana by any such adjoining
state as such adjoining state's agreed part of the cost of construction
of any such bridge shall be applied by said state of Indiana to
reimburse the state of Indiana and any county of the state of Indiana
that shall have issued its bonds under the provisions of this chapter
to aid in the construction of such bridge up to the amount in each
case which is equal to the amount provided by said county for such
purpose, plus interest thereon up to the time of repayment thereof, so
far as the money so provided was actually used in and about the
construction of such bridge; and all moneys so received and applied
to reimburse any such county as aforesaid shall be first applied by
said county in payment of any of its said bonds issued as aforesaid
under the provisions of this chapter and which are then still
outstanding and unpaid, until such bonds and the interest accrued
thereon shall be paid in full.
(Formerly: Acts 1927, c.10, s.19.) As amended by Acts 1980, P.L.74,
SEC.290.
IC 8-16-2-20
Acknowledgment of contributions by other states
Sec. 20. Upon the payment by any such adjoining state of any part
of the cost of the construction of such bridge, the department is
hereby authorized and directed to issue, in the name of the state of
Indiana, to such adjoining state, a proper certificate or instrument of
transfer or acknowledgment evidencing the amount contributed by
such adjoining state and transferring to it title to a corresponding
interest in such bridge, and thereafter the title to such bridge shall be
deemed to be vested jointly in the state of Indiana and the adjoining
state so contributing to the cost of said bridge, and the interest of
each thereof shall be deemed to be in proportion to the respective
contributions so made by each one respectively.
(Formerly: Acts 1927, c.10, s.20.) As amended by Acts 1980, P.L.74,
SEC.291.
IC 8-16-2-21
Maintenance contracts with other states
Sec. 21. The department is hereby expressly authorized and
empowered to negotiate and contract with the proper authorities of
such adjoining state in respect to the maintenance of any such bridge.
(Formerly: Acts 1927, c.10, s.21.) As amended by Acts 1980, P.L.74,
SEC.292.
IC 8-16-2-22
Construction
Sec. 22. This chapter shall at all times be construed as
supplemental to and in aid of all other statutes providing for the
construction of highways and bridges.
(Formerly: Acts 1927, c.10, s.22.) As amended by P.L.66-1984,
SEC.62.
IC 8-16-2-23
Appropriations and authorizations
Sec. 23. No appropriation of money or authorization of any bonds
contemplated in this chapter by the county council shall be required.
(Formerly: Acts 1927, c.10, s.23.) As amended by P.L.66-1984,
SEC.63.
IC 8-16-2-24
Compliance with other laws
Sec. 24. Except as otherwise expressly provided in this chapter,
any county shall have the right to proceed under this chapter without
complying with any other existing statute in effect on May 16, 1927.
(Formerly: Acts 1927, c.10, s.24.) As amended by P.L.66-1984,
SEC.64.
IC 8-16-2-25
Assumption of debts
Sec. 25. Nothing contained in this chapter shall be so construed
as to authorize the state or the department to assume any debt or
obligation of any county which may aid or assist in the construction
of any bridge contemplated under this chapter.
(Formerly: Acts 1927, c.10, s.25.) As amended by Acts 1980, P.L.74,
SEC.293.
IC 8-16-2-26
Amendment of chapter
Sec. 26. The general assembly hereby reserves the right to amend
or modify this chapter at any time that such amendment or
modification may be deemed just and proper.
(Formerly: Acts 1927, c.10, s.26.) As amended by P.L.66-1984,
SEC.65.