§ 8-20-1-35 — Bridges across streams forming county boundary lines

Indiana § 8-20-1-35

• Jurisdiction: Indiana
• Art. 20: COUNTY ROADS─LOCATION AND EMINENT
• Ch. 1: Location or Relocation of County Roads

Text

(a) Whenever public convenience requires the
erection, repair, or purchase of any bridge across a stream forming the
boundary line between two (2) or more counties (and in all cases where
a stream crosses a public highway forming the boundary line between
two (2) or more counties, and where the stream requires a bridge of
more than twenty (20) feet in length) the executive of either county
may aid in the erection, repair, or purchase of the bridge and shall
notify the other county of its intent.
(b) If the executive of the other county also agrees to provide aid,
both executives shall, by concurrent resolution, order the preparation
of a survey, an estimate, plans, and specifications for presentation at a
joint session. The executives shall place the plans and specifications
agreed upon at the meeting on file with the auditor of the county that
first offered to aid in the erection or repair of the bridge. The auditor
shall keep a complete record of all the proceedings relating to the
bridge.
(c) If an executive fails, for a period of thirty (30) days after
receiving notice, to join in the building, repair, or purchase of the
bridge, then the executive of the first county may build, repair, or
purchase the bridge, after first obtaining the written consent of the
landowner in the adjoining county whose land will be occupied by any
part of the bridge.
(d) The county executives shall jointly appoint a person who will
supervise the erection or repair of the bridge, subject to rules adopted
by the executives. The executives may require the individual
supervising the work to give bond in the manner prescribed by IC 5-4-1.
(e) The executives shall fix the appropriation to pay the cost of the
improvement in a joint resolution.
(f) If any county refuses to join in the improvement of the bridge,
the county desiring the improvements may proceed on its own, and
when the cost does not exceed ten thousand dollars ($10,000), the
county making the improvement may recover from each adjoining
county affected by the improvement the amount that the county should
have paid had it joined in the improvement. If the claim is litigated, the
judgment shall include a reasonable fee for the plaintiff's attorney.
(g) All executives in advertising for bids, letting contracts, and
requiring affidavits and bonds for bidders and contractors shall proceed
under IC 36-1-12. Each county shall be the owner of an interest in any
bridge erected, repaired, or purchased under this section.
Formerly: Acts 1905, c.167, s.45; Acts 1911, c.220, s.1; Acts
1913, c.74, s.1. As amended by Acts 1981, P.L.57, SEC.25;
P.L.86-1988, SEC.187; P.L.113-1989, SEC.10.