68-2083. Operation of projects; restoration and repair of private property; agreements with political subdivisions; annual report and audit; penalties for employees contracting with authority.

68-2083

Chapter 68.--ROADS AND BRIDGES
PART III.--MISCELLANEOUS
Article 20.--TOLL ROADS OR TURNPIKES

      68-2083.   Operation of projects; restoration and repair of privateproperty; agreements with political subdivisions; annual report and audit;penalties for employees contracting with authority.Any highway project when constructed and opened to traffic shall bemaintained and kept in good condition and repair by the authority and shallalso be policed and operated by such force of police, tolltakers and otheroperating employees as the authority may in its discretion employ.

      All private property damaged or destroyed in laying out and constructingany highway project shall be restored or repaired and placed in itsoriginal condition as nearly as practicable or adequate compensation madetherefor out of funds provided under the authority of this act.

      All counties, cities, townships and other political subdivisions and allpublic agencies and commissions of the state, notwithstanding any contractprovisions of law, are hereby authorized and empowered to lease, lend,grant or convey to the authority at its request upon such terms andconditions as the proper authorities of such counties, cities, townships,political subdivisions, agencies or commissions of the state may deemreasonable and fair and without the necessity for any advertisement, orderof court or other action or formality, other than the regular and formalaction of the authorities concerned, any real property which may benecessary or convenient to the effectuation of the authorized purposes ofthe authority, including public highways and other real property alreadydevoted to public use.

      On or before the thirty-first day of March in each year the authorityshall make an annual report of its activities for the preceding calendaryear to the governor. Each such report shall set forth a complete operatingand financial statement covering its operation during the year. Theauthority shall cause an audit of its books and accounts to be made atleast once in each year by certified public accountants and the costthereof may be treated as a part of the cost of construction or operationof highway projects.

      Any member, agent or employee of the authority who contracts with theauthority or is interested, either directly or indirectly, in any contractwith the authority or in the sale of any property, either real or personal,to the authority shall be punished by a fine of not more than one thousanddollars ($1,000) or by imprisonment for not more than one (1) year, orboth: Provided, The provisions of this paragraph shall not be deemedto prevent the taking of any property by eminent domain proceedings.

      History:   L. 1972, ch. 249, § 14; July 1.