Ind. Code ch. 8-16-3.1

Ind. Code § 8-16-3.1-0.5 Definitions

Sec. 0.5. The definitions set forth in IC 8-16-3-1.5 apply throughout this chapter. As added by P.L.182-2009(ss), SEC.264.

Ind. Code § 8-16-3.1-0.7 "Double tracking"

Sec. 0.7. As used in this chapter, "double tracking" means a railway running two (2) bidirectional tracks. The term includes a railway: (1) with a double track that can be signaled to run in a single direction; and (2) with a double track that can be signaled into one (1) track to provide clearance as needed. As added by P.L.229-2017, SEC.32; P.L.248-2017, SEC.2.

Ind. Code § 8-16-3.1-1 "Eligible county"

Sec. 1. (a) As used in this chapter, "eligible county" means a county that has: (1) a population of more than one hundred thousand (100,000) and less than seven hundred thousand (700,000); and (2) a major obstruction between commercial or population centers which is capable of causing an economic hardship because of excess travel required to conduct a normal level of commerce between the two (2) centers. A major obstruction which is a part of a county boundary or a state boundary does not qualify for the purpose of this chapter. (b) As used in this chapter, "major bridge" means the following: (1) A structure that is two hundred (200) or more feet in length and that is erected over a depression or an obstruction for the purpose of carrying motor vehicular traffic or other moving loads. However, the structure shall be one hundred (100) or more feet in length in a city having any of the following populations: (A) More than sixty-five thousand (65,000) and less than seventy thousand (70,000). (B) More than sixty thousand (60,000) and less than sixty-five thousand (65,000). (C) More than thirty-one thousand (31,000) and less than thirty-one thousand five hundred (31,500). (2) An underpass of any length that is designed to carry motor vehicle traffic or other moving loads. (c) As used in this chapter, "major obstruction" means a physical barrier to the passage of motor vehicle traffic that inhibits the use of the customary highway construction techniques to bridge the barrier without use of a grade separation structure. As added by Acts 1979, P.L.96, SEC.1. Amended by Acts 1982, P.L.1, SEC.28; P.L.86-1988, SEC.21; P.L.12-1992, SEC.65; P.L.61-1992, SEC.1; P.L.1-1993, SEC.50; P.L.170-2002, SEC.67; P.L.119-2012, SEC.96; P.L.11-2023, SEC.38.

Ind. Code § 8-16-3.1-2 Repealed

As added by Acts 1979, P.L.96, SEC.1. Repealed by P.L.86-1988, SEC.227.

Ind. Code § 8-16-3.1-3 Repealed

As added by Acts 1979, P.L.96, SEC.1. Repealed by P.L.86-1988, SEC.227.

Ind. Code § 8-16-3.1-4 Creation of fund; purpose; tax levy

Sec. 4. (a) The executive of any eligible county may provide a major bridge fund in compliance with IC 6-1.1-41 to make available funding for the following purposes: (1) The construction of major bridges. (2) In Allen County, the construction, maintenance, and repair of bridges, approaches, and grade separations with respect to structures other than major bridges. (3) For an eligible county that is a member of a commuter transportation district established under IC 8-5-15: (A) making grants to a commuter transportation system (as defined in IC 8-5-15-1) only for the benefit of the commuter transportation system (as defined in IC 8-5-15-1); (B) making debt service payments for revenue bonds issued under IC 8-5-15-5.4 for a railroad project of a commuter transportation system (as defined in IC 8-5-15-1); and (C) making grants to the northwest Indiana regional development authority established by IC 36-7.5-2-1 for the benefit of a commuter transportation system (as defined in IC 8-5-15-1), if the northwest Indiana regional development authority has issued bonds for a railroad project of a commuter transportation system (as defined in IC 8-5-15-1). (b) The Indiana finance authority shall conduct pre-financing verification of an eligible county to pay for a transportation project involving double tracking if the project is wholly or partially funded by money from the major bridge fund under subsection (a). (c) The executive of any eligible county may levy a tax in compliance with IC 6-1.1-41 not to exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) assessed valuation of all taxable personal and real property within the county to provide for the major bridge fund. (d) The general assembly finds the following: (1) Allen County eliminated its levy for a cumulative bridge fund to use its levy authority to fund a juvenile center. (2) Allen County has more bridges than any other county in Indiana, outside of Marion County: Marion County has five hundred twenty-two (522), Allen County has three hundred fifty-one (351), and Hamilton County has two hundred seventy-seven (277). (3) Allen County has the largest land area of any county in Indiana. (4) Allen County is the third largest populated county in Indiana. (5) Allen County has a heavy manufacturing and industrial base, increasing traffic and wear and tear on streets, roads, and bridges. (6) Allen County has large temperature fluctuations, leading to increased maintenance costs. (7) Allen County has three (3) major rivers that come together in the heart of Fort Wayne, which means more bridges are needed in the area due to the infrastructure that accommodates Fort Wayne, the second largest city in Indiana. (8) Allen County dissolved its cumulative bridge fund in 2002 to provide room in the levy for judicial mandates to build two (2) detention facilities, as the former jail was overcrowded due to the large population. (9) Allen County has a major bridge fund that is provided to maintain major bridges, but can be used to fund smaller bridges and will not harm the ability of Allen County to pay for obligations caused by judicial mandates. (10) Expansion of the purposes for Allen County's major bridge fund may be used in Allen County to meet the critical needs in Allen County for the maintenance of bridges other than major bridges in the unincorporated areas of the county. (e) Because of the findings set forth in subsection (d), except as provided in subsection (f), beginning after June 30, 2009, in Allen County the county executive is responsible for providing funds for the following: (1) All bridges in unincorporated areas of the county. (2) All bridges in each municipality in the county that has entered into an interlocal agreement under IC 36-1-7 with the county to provide bridge funds. (f) Subsection (e) does not apply to providing funds for bridges on the state highway system. As added by Acts 1979, P.L.96, SEC.1. Amended by P.L.86-1988, SEC.22; P.L.17-1995, SEC.10; P.L.178-2002, SEC.78; P.L.182-2009(ss), SEC.265; P.L.248-2017, SEC.3.

Ind. Code § 8-16-3.1-5 Appropriations from the Allen County major bridge fund

Sec. 5. An appropriation from the major bridge fund in Allen County may be made without the approval of the department of local government finance if: (1) the county executive adopts a resolution finding that the county does not need to continue accumulating money in the fund for the construction of a major bridge; (2) the county executive requests the appropriation; and (3) the appropriation is for the purpose of constructing, maintaining, or repairing bridges, approaches, or grade separations with respect to structures other than major bridges. As added by P.L.182-2009(ss), SEC.266.