CHAPTER 3.1. MAJOR BRIDGE FUND
IC 8-16-3.1
Chapter 3.1. Major Bridge Fund
IC 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.
IC 8-16-3.1-1
Definitions
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)
but 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 the following population:
(A) More than fifty-five thousand (55,000) but less than
fifty-nine thousand (59,000).
(B) More than fifty-nine thousand (59,000) but less than
fifty-nine thousand seven hundred (59,700).
(C) More than thirty-two thousand eight hundred (32,800)
but less than thirty-three thousand (33,000).
(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.
IC 8-16-3.1-2
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 8-16-3.1-3
Repealed
(Repealed by P.L.86-1988, SEC.227.)
IC 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.
(b) 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.
(c) 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.
(d) Because of the findings set forth in subsection (c), except as
provided in subsection (e), 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.
(e) Subsection (d) 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.
IC 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.