Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 16. (a) The total cost of the improvement to be borne by all the parties in interest includes the following: (1) The cost of constructing the grade elimination structure and the cost of raising or lowering the grade, or other alteration of any public highway, the constructio…

interest Sec. 17. (a) The total cost of the improvement shall be borne by all of the parties in interest, in accordance with a written agreement or written agreements to be entered into by all the parties, fixing the portion of the total cost to be borne by each party subject, ho…

board and contract Sec. 18. Any portion or portions of the work of improvement under the resolution which is allotted to the city shall be done by contract or contracts, and all contracts shall be let under statutes governing the letting of contracts by the city. In event of the …

Sec. 19. Any part of the city's portion of the total cost of the improvement which is necessary for the city to pay prior to the collection of benefit assessments under this chapter and prior to the issue and sale of bonds under this chapter, shall be paid as follows: the board s…

reconstruction of facilities Sec. 2. The board may enter into an agreement or agreements with any railroad company for the removal of any track, roadbed, yard, station or other railroad facilities, and provide for the relocation and reconstruction of those facilities or any part …

payments and adjustments Sec. 20. (a) The board, through its engineer, shall keep an account of the total cost of the improvement, of all disbursements made during the course of the work, and of all equitable settlements between the parties contributing to the cost; but the total…

Sec. 21. (a) Upon final action of the board or the circuit court, superior court, or probate court confirming the resolution, all territory lying within the corporate limits of the city shall become a special taxing district for grade separation and railroad relocation and recons…

Sec. 22. When the resolution is finally confirmed by the board, the board shall require the preparation of a roll of all the owners or holders of property sought to be taken, or who have incurred damages, and also of all of the owners or holders of lots or parcels of land lying w…

appropriated, character of improvement, and preliminary awards; remonstrances; irregularities in proceedings Sec. 23. (a) Upon the completion of the roll, the board shall consider, determine and award the amount of damages sustained by the owners of the several parcels of land re…

guardianship Sec. 24. If any person having an interest in land affected by the proceedings is mentally incompetent or under the age of eighteen (18) years, the board shall certify that fact to its attorney. The attorney shall apply to the proper court and secure the appointment o…

Sec. 25. Any person notified or considered to be notified under this chapter may appear before the board on the day fixed for hearing the remonstrances with regard to awards and assessments, and remonstrate in writing against them. All persons appearing before the board having an…

Sec. 26. (a) The appeal shall be taken by filing an original complaint in the circuit court, superior court, or probate court of the county in which the city is located against the board within the time named, setting forth the action of the board in respect to the assessment or …

Sec. 27. (a) The assessment roll, upon final confirmation by the board, shall be delivered to the controller or clerk-treasurer, and from that time the respective amounts of benefits assessed shall severally be liens, superior to all other liens except taxes, against the respecti…

Sec. 28. (a) The board, upon the completion of the award of damages, if any, or upon the determination of the appeals taken, shall make out certificates for the proper amounts and in favor of the proper persons. Presentation of the certificates to the city controller or clerk-tre…

Sec. 29. (a) In order to raise money to pay the city's portion of the total cost of an improvement and in anticipation of the special benefit tax to be levied, the board shall issue, in the name of the city, at one (1) time, or from time to time as the proceeds are needed, the bo…

Sec. 3. (a) The Indiana department of transportation shall participate in the proceedings and in the cost of any improvements made pursuant to the proceedings provided for by this chapter if any improvements involve a highway which is part of the state highway system or a street …

Sec. 30. All proceeds from the sale of bonds issued under section 29 of this chapter, together with all money collected from benefit assessments, or from the sale of assessment bonds, shall be kept as a separate and specific fund, entitled grade separation or railroad relocation …

Sec. 31. (a) In order to raise money to pay all bonds issued under section 29 of this chapter, including interest, the common council of the city shall levy each year a special tax upon all of the taxable property, both real and personal, located within the territorial limits of …

domain; title to lands Sec. 32. If the lands acquired for the improvement or any part of it are secured by purchase or contract, the payment shall be made according to the terms of the contract. If lands are taken by condemnation, the amount of damages assessed shall be paid or t…

Sec. 33. Within sixty (60) days after any land or right in it is paid for and acquired under this chapter, the board shall file and have recorded in the recorder's office in the county in which the land is situated a description of it sufficiently accurate for its identification,…

Sec. 34. No part of any of the funds raised by the city or received by the city under this chapter may be expended, except upon warrants drawn by the city controller or clerk-treasurer upon vouchers of the board. No appropriation in any form is necessary, but all funds arising un…

Sec. 35. Maintenance costs requirements are governed, to the extent applicable, by IC 8-6-3. [Pre-Local Government Recodification Citation: 19-5-14-35.] As added by Acts 1980, P.L.8, SEC.70.

Sec. 36. (a) The jurisdiction and authority of the board of each city are complete in relation to all matters provided for in this chapter, except in the levying of taxes. In carrying out this chapter it is not necessary to comply with any other statute, except as specifically pr…

Sec. 4. (a) Whenever the board of any city determines that public necessity and convenience require the separation or alteration of the grade of any highway and any railroad at their intersection in the city, it shall order the preparation of general maps, and plans and specifica…

plans; approval Sec. 5. (a) If the Indiana department of transportation and the county in which the city is located participate in the proceedings, the Indiana department of transportation and the county shall become parties to the agreement, and the agreement or agreements shall…

Sec. 6. (a) After the general maps, plans and specifications are approved by the Indiana department of transportation and the board of commissioners of the county, they shall be filed with the board by the engineer. The board shall then adopt a resolution ordering the separation …

Sec. 7. (a) For the purposes of this chapter, the board may acquire, or order to be acquired, lands, rights-of-way and other property within the city and within five (5) miles outside the corporate limits of the city. All lands, rights-of-way and other property necessary to be ac…

Sec. 8. Where the highway is carried over the railroad, or where one (1) railroad is carried over another railroad, the clearance from the top of the railroad track to the bottom of the superstructure over the track must be at least twenty-two (22) feet. The plans for the improve…

remonstrances Sec. 9. (a) Upon the adoption of the resolution for separation or alteration of grades, the board shall cause notice of the adoption and intention, and of the fact that the maps, plans, specifications, agreements and estimates have been prepared and can be inspected…

Sec. 1. This chapter applies to all toll road authorities established under IC 8-18-20. As added by P.L.386-1987(ss), SEC.21.

Sec. 10. (a) In lieu of authorizing and selling bonds under this chapter, the board of directors of a toll road authority may adopt a resolution authorizing the negotiation of a loan or loans for the purpose of obtaining the required money. (b) The resolution authorizing the loan…

Sec. 11. (a) The board of directors of an authority may secure bonds issued or loans made under this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers. (b) The …

Sec. 12. (a) The proceeds of any bonds issued or loans made under this chapter shall first be applied to the reimbursement of all amounts advanced for preliminary expenses under this chapter. The proceeds shall then be applied solely to the payment of the costs for which the bond…

Sec. 13. The annual operating budget of a toll road authority is subject to review by the department of local government finance as in the case of other political subdivisions. As added by P.L.386-1987(ss), SEC.21. Amended by P.L.90-2002, SEC.326; P.L.224-2007, SEC.96; P.L.146-20…

Sec. 14. All the property and revenues of a toll road authority are exempt from taxation for all purposes. As added by P.L.386-1987(ss), SEC.21.

Sec. 15. All the bonds and other securities issued by a toll road authority, including the interest on them, are exempt from taxation as provided in IC 6-8-5. As added by P.L.386-1987(ss), SEC.21.

Sec. 16. (a) Except as otherwise provided in this chapter, all money coming into possession of the toll road authority shall be deposited, held, and secured in accordance with the general statutes concerning the handling of public funds. The handling and expenditure of money comi…

Sec. 17. All contracts let by a toll road authority for the construction and equipment of a toll road facility must be let in accordance with the general statutes concerning public works. As added by P.L.386-1987(ss), SEC.21.

Sec. 18. The records of a toll road authority are public records. As added by P.L.386-1987(ss), SEC.21.

Sec. 19. (a) The county fiscal body and the municipal fiscal body of the county seat may by concurrent resolution dissolve a toll road authority. They may consider dissolving the toll road authority at any time, but they shall consider dissolving the toll road authority when they…

Sec. 2. All necessary preliminary expenses that must be paid by the board of directors of a toll road authority before the issuance and delivery of bonds or the negotiation of a loan under this chapter, including expenses incurred in: (1) making surveys; (2) estimating costs and …

Sec. 3. Except as provided in section 4 of this chapter, the board of directors of a toll road authority, acting in the name of the authority, may: (1) finance, construct, reconstruct, operate, maintain, and manage any toll road project acquired or financed under this chapter; (2…

Sec. 4. The toll road authority in a county having a consolidated city may not construct or finance unless that action is first approved by: (1) the city-county legislative body; and (2) the legislative body of the unit involved. As added by P.L.386-1987(ss), SEC.21.

Sec. 5. (a) For the purpose of obtaining money to pay the cost of: (1) constructing toll road facilities; (2) acquiring land; (3) repaying any advances for preliminary expenses made to the authority by an eligible entity; or (4) refinancing any loan made under this chapter; the b…

Sec. 6. The revenue bonds must be authorized by resolution of the board. The bonds: (1) bear interest payable semiannually; and (2) mature serially, either annually or semiannually, at times determined by the resolution authorizing the bonds. As added by P.L.386-1987(ss), SEC.21.…

contents; negotiable instruments Sec. 7. (a) The revenue bonds may, and all bonds maturing after ten (10) years from date of issuance shall, be made redeemable before maturity at the option of the board of directors of the toll road authority. Such a redemption must be at the par…

Sec. 8. (a) The revenue bonds shall be executed by the president of the board of directors, the corporate seal of the authority shall be affixed to the bonds and attested by the secretary of the board, and the interest coupons attached to the bonds shall be executed by placing th…

Sec. 9. The board of directors may issue temporary bonds, with or without coupons. These bonds, which must be issued in the manner prescribed by this chapter, may be exchanged for the bonds that are subsequently issued. As added by P.L.386-1987(ss), SEC.21.

Sec. 0.3. As used in this chapter, "official detour route" means the path the department designates a motorist to use to reach a destination while a state highway, part of a state highway, or state highway bridge is closed to the public as a thoroughfare while under construction,…

Sec. 0.5. As used in this chapter, "unofficial detour route" means the path that the department in conjunction with local officials determines many motorists have taken or are likely to take in place of the official detour route because the path is or was: (1) a shorter distance;…