Indiana § 8-16-15-2 - Purchase price

§ 8-16-15-2. Purchase price

Sec. 2. If the proper authorities of the state of Illinois are empowered by the laws of the state of Illinois to enter into such negotiations, and if the department and the authority having charge of the state highways of the state of Illinois can agree with the owners of such bridge on the purchase-price of such bridge, then and in that event the department is hereby authorized and empowered to acquire the ownership of and the title to such bridge, jointly, with the state of Illinois, to pay not to exceed fifty percent (50%) of the purchase-price agreed upon, out of any funds appropriated to the department which might otherwise be used for the construction of bridges, and to enter into such agreements with the proper authorities of the state of Illinois as may be fair and equitable for the repair, maintenance and upkeep of such bridge, and to expend such amounts of money as may be necessary to maintain such bridge.

Formerly: Acts 1937, c.160, s.2. As amended by Acts 1980, P.L.74, SEC.295.

IC 8-16-15.5Chapter 15.5. New Harmony and Wabash River Bridge Authority

8-16-15.5-1Definitions 8-16-15.5-2Bridge authority; establishment; powers 8-16-15.5-3Bridge authority; members 8-16-15.5-4Terms; vacancies 8-16-15.5-5Organizational meeting 8-16-15.5-6Purpose 8-16-15.5-7Powers 8-16-15.5-8Bonds and notes 8-16-15.5-9Repealed 8-16-15.5-9.1Members, officers, and employees; immunity from civil liability 8-16-15.5-10Liability for bonds and notes; tax exemption 8-16-15.5-11Authorization to invest in bridge authority bonds and notes 8-16-15.5-12Securities registration requirements; exemption 8-16-15.5-13Pledges of proceeds, investment earnings, or other money 8-16-15.5-14Property taxes; special assessments; exemption 8-16-15.5-15State and political subdivisions; immunity from liability

IC 8-16-15.5-1Definitions Sec. 1. The following definitions apply throughout this chapter:

(1) "Bridge" means the White County bridge over the Wabash River that connects White County, Illinois, and Posey County, Indiana. The term includes all approaches and rights of way necessary or desirable for the operation and maintenance of the bridge.

(2) "Bridge authority" means the New Harmony and Wabash River bridge authority created by section 2 of this chapter.

(3) "Commission" refers to the White County bridge commission created by Congressional Act of April 12, 1941, Public Law 77-37, 55 Stat. 140.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-2Bridge authority; establishment; powers Sec. 2. (a) The New Harmony and Wabash River bridge authority is established as a separate body corporate and politic of the state for the purposes set forth in section 6 of this chapter.

(b) The bridge authority is an entity separate from the state or any entity responsible for appointing the initial members of the bridge authority. Though separate from the state and state entities, the bridge authority's exercise of its powers constitutes an essential governmental, public, and corporate function when carrying out the purposes of this chapter.

(c) The bridge authority has the power to make and enter into any contract that may be necessary to implement this chapter. The bridge authority's contract power includes the ability to enter into an agreement or contract with the state of Illinois or any governmental entity in the state of Illinois to:

(1) jointly form the bridge authority; or

(2) grant to the bridge authority the power to own and operate assets in the state of Illinois that are transferred by the commission to the bridge authority.

Except as otherwise provided by this chapter, a contract made by the bridge authority is not subject to approval or ratification by any other board, body, or officer.

(d) The bridge authority may exercise its powers with respect to the assets of the commission, including the power to contract with an entity, public or private, established in Illinois, to the extent permitted by Illinois law.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-3Bridge authority; members Sec. 3. (a) The bridge authority shall be composed of the following five (5) individuals:

(1) Three (3) members appointed by the governor, no more than two (2) of whom may be from the same political party.

(2) One (1) member appointed by the appropriate county executive of Posey County.

(3) One (1) member appointed by the appropriate town executive of New Harmony.

(b) Except as provided in subsection (c), all members must be residents of Posey County and at least eighteen (18) years of age.

(c) If the bridge authority:

(1) forms a joint authority between:

(A) the state and Illinois; or

(B) the state and an Illinois entity; or

(2) enters into an agreement with an Illinois entity to jointly act in implementing this chapter;

the bridge authority may determine the membership and term of office for any bridge authority member representing Illinois or an Illinois entity.

(d) Each bridge authority member, before beginning the member's duties, shall execute a bond payable to the state. The bond must:

(1) be in the sum of fifteen thousand dollars ($15,000);

(2) be conditioned upon the member's faithful performance of the duties of the member's office; and

(3) account for all monies and property that may come into the member's possession or under the member's control.

The cost of the bond shall be paid by the bridge authority.

(e) If a member ceases to be qualified under this section, the member forfeits the member's office.

(f) Bridge authority members are not entitled to salaries but may seek reimbursement for expenses incurred in the performance of their duties.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-4Terms; vacancies Sec. 4. (a) An appointment to the bridge authority shall be for a term of four (4) years. Each member appointed to the bridge authority:

(1) shall hold office for the term of the appointment;

(2) shall continue to serve after the expiration of the appointment until a qualified successor is appointed;

(3) remains eligible for reappointment to the bridge authority if the requirements described in section 3 of this chapter remain met; and

(4) may be removed from office by the other members of the bridge authority with or without cause.

(b) Members of the bridge authority shall fill vacancies for any unexpired term of a member or for any member appointed by the other members of the bridge authority as provided in this section.

(c) A member of the bridge authority, including a member appointed under section 3(c) of this chapter, may be reappointed.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-5Organizational meeting Sec. 5. (a) The bridge authority shall hold an organizational meeting within thirty (30) days after the initial appointment of the members and every January of each subsequent year. During each organizational meeting, the bridge authority must elect the following officers from existing bridge authority membership:

(1) A chair.

(2) A vice chair.

(3) A secretary treasurer.

(b) The bridge authority may adopt rules under IC 4-22-2 in order to implement this section.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-6Purpose Sec. 6. The bridge authority is established for the purpose of:

(1) inheriting the assets, duties, powers, and rights of the commission;

(2) accepting the transfer and ownership of the bridge and all interests of the commission in real and personal property;

(3) accepting or receiving all other assets of the commission; and

(4) equipping, financing, improving, maintaining, operating, reconstructing, rehabilitating, and restoring the bridge for use by motor vehicles, pedestrians, and other modes of transportation.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-7Powers Sec. 7. (a) The bridge authority may do the following:

(1) Accept the assets of the commission.

(2) Hold, exchange, lease, rent, sell (by conveyance by deed, land sale contract, or other instrument), use, or otherwise dispose of property acquired for the purpose of implementing this chapter.

(3) Prescribe the duties and regulate the compensation of the employees of the bridge authority.

(4) Provide a pension and retirement system for employees of the bridge authority through use of the Indiana public employees' retirement fund.

(5) Contract for the alteration, construction, extension, improvement, rehabilitation, or restoration of the bridge.

(6) Accept grants, loans, and other forms of financial assistance from the federal government, the state government, a political subdivision (as defined in IC 36-1-2-13), a foundation, or any other source.

(7) Establish and revise, as necessary, any charge or toll assessed for transit over the bridge.

(8) Collect or cause to be collected any charge or toll assessed for transit over the bridge.

(9) Borrow money, make guaranties, issue bonds, and otherwise incur indebtedness for any of the bridge authority's purposes.

(10) Issue debentures, notes, or other evidences of indebtedness, whether secured or unsecured, to any person, as provided in this chapter.

(b) The bridge authority may exercise any of the powers authorized by this chapter in the state of Illinois to the extent provided:

(1) under Illinois law; or

(2) through a joint action taken with Illinois or an Illinois entity as described in section 2(c) of this chapter.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-8Bonds and notes Sec. 8. (a) The bridge authority may, by resolution, issue and sell bonds or notes of the bridge authority for the purpose of providing funds to implement this chapter.

(b) Before issuing a series of bonds or notes, the bridge authority shall publish a notice of its determination to issue the bonds or notes in accordance with IC 5-3-1.

(c) No action to contest the validity of:

(1) any contract entered into by the bridge authority before the bonds or notes are issued; or

(2) a series of bonds or notes issued by the bridge authority;

may be brought after the thirty (30) days following the publication of the notice required by subsection (b).

(d) If an action challenging a contract, bond, or note is not brought within the time frame described in subsection (c), the contract, bond, or note shall be presumed to be fully authorized and valid under the laws of the state and any person or entity may not question the authorization, validity, execution, delivery, or issuance of the contract, bond, or note.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-9RepealedAs added by P.L.185-2018, SEC.27. Repealed by P.L.163-2020, SEC.2.

IC 8-16-15.5-9.1Members, officers, and employees; immunity from civil liability Sec. 9.1. (a) Except as provided in subsection (b), the bridge authority and its members, officers, and employees are immune from civil liability resulting from any act or omission related to implementation of this chapter.

(b) This section does not grant immunity from civil liability to a person who commits an act or omits to do an act that amounts to gross negligence or willful and wanton misconduct.

As added by P.L.163-2020, SEC.3.

IC 8-16-15.5-10Liability for bonds and notes; tax exemption Sec. 10. (a) All bonds or notes issued under this chapter are issued by the bridge authority as a body corporate and politic of the state, but not as a state agency, and for an essential public and governmental purpose. The bonds and notes, the interest on the bonds and notes, the proceeds received by an owner from the sale of the bonds or notes to the extent of the owner's cost of acquisition, proceeds received upon redemption for maturity, proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation for all purposes except the financial institutions tax imposed under IC 6-5.5.

(b) No bonds or notes issued by the bridge authority under this chapter constitute a debt, liability, or obligation of the state or any political subdivision or a pledge of the faith and credit of the state or any political subdivision. Each bond or note issued under this chapter must contain on its face a statement that neither the faith and credit nor the taxing power of the state or any political subdivision is pledged to the payment of the principal of or the interest on the bond or the note.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-11Authorization to invest in bridge authority bonds and notes Sec. 11. Notwithstanding any other law or provision, all financial institutions, investment companies, insurance companies, insurance associations, executors, administrators, guardians, trustees, and other fiduciaries may legally invest sinking funds, money, or other funds belonging to them or within their control in bonds or notes issued under this chapter.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-12Securities registration requirements; exemption Sec. 12. Bonds or notes issued under this chapter are exempt from the registration requirements of IC 23-19 and any other state securities registration statutes.

As added by P.L.185-2018, SEC.27. Amended by P.L.10-2019, SEC.44.

IC 8-16-15.5-13Pledges of proceeds, investment earnings, or other money Sec. 13. A pledge of proceeds of bonds or notes, investment earnings on those proceeds, or other money pledged by the bridge authority is binding from the time the pledge is made. Proceeds of bonds or notes, investment earnings on those proceeds, or other money pledged by the bridge authority and then received by the bridge authority or its trustee or fiduciary is immediately subject to the lien of the pledge without any further act, and the lien of the pledge is binding against all parties having claims of any kind in tort, contract, or otherwise against the bridge authority, regardless of whether the parties have notice of the lien. A resolution, trust agreement, or any other instrument that creates a pledge is required to be filed or recorded only in the records of the bridge authority.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-14Property taxes; special assessments; exemption Sec. 14. All property of the bridge authority is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes and special assessments of the state or any political subdivision.

As added by P.L.185-2018, SEC.27.

IC 8-16-15.5-15State and political subdivisions; immunity from liability Sec. 15. Neither:

(1) the state; nor

(2) a political subdivision of the state, including, without limitation, Posey County and the town of New Harmony;

is liable for any action taken by the bridge authority.

As added by P.L.185-2018, SEC.27.

IC 8-16-16Chapter 16. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-16-17Chapter 17. RepealedRepealed by P.L.133-2012, SEC.61.

IC 8-17ARTICLE 17. COUNTY ROADS─ADMINISTRATION AND MAINTENANCE

Ch. 1.County Unit Law Ch. 2.Repealed Ch. 3.Administration of County Highway Departments Ch. 4.Repealed Ch. 4.1.Accounting System for Local Roads and Streets Ch. 5.County Highway Engineers Ch. 6.Repealed Ch. 7.Highway Extension and Research Program Ch. 8.County Road Numbering System Ch. 9.Repealed Ch. 10.Repealed Ch. 11.Repealed Ch. 12.Repealed Ch. 13.Repealed Ch. 14.Repealed Ch. 15.Repealed

IC 8-17-1Chapter 1. County Unit Law

8-17-1-0.1"Department" defined 8-17-1-0.3"Bridge" 8-17-1-1Powers of county executive and department of highways; joint undertakings 8-17-1-1.2"Highway" defined 8-17-1-2Additional powers of county executive 8-17-1-2.1Highway cattle guards in certain counties; construction; cost 8-17-1-3Rights-of-way 8-17-1-4Repealed 8-17-1-5Repealed 8-17-1-6Repealed 8-17-1-7Repealed 8-17-1-8Repealed 8-17-1-9Repealed 8-17-1-10Invitations to bid; notice 8-17-1-11Repealed 8-17-1-12Repealed 8-17-1-13Bond issue; interest 8-17-1-14Repealed 8-17-1-15Repealed 8-17-1-16Repair of improved roads 8-17-1-17Repealed 8-17-1-18Statement; compliance with contract; materials testing engineer's report 8-17-1-19Objections to improvements; filing of statement 8-17-1-20Repealed 8-17-1-21Repealed 8-17-1-22Repealed 8-17-1-23Repealed 8-17-1-24Repealed 8-17-1-25Repealed 8-17-1-26Repealed 8-17-1-27Repealed 8-17-1-28Repealed 8-17-1-29Repealed 8-17-1-30Repealed 8-17-1-31Repealed 8-17-1-32Repealed 8-17-1-33Repealed 8-17-1-34Repealed 8-17-1-34.1Repealed 8-17-1-35Repealed 8-17-1-36Repealed 8-17-1-37Repealed 8-17-1-38Repealed 8-17-1-39Construction materials in county highways, bridges, and culverts 8-17-1-40Traffic rules 8-17-1-41Plans and specifications; bonds 8-17-1-42Repealed 8-17-1-43Repealed 8-17-1-44Repealed 8-17-1-45Counties responsible for roadways on southern and eastern boundaries; agreements between counties; provisions 8-17-1-46Responsibility for care of bridges