§ 8-6-2.1-20 — Accounting of improvement costs and disbursements; payments and adjustments

Indiana § 8-6-2.1-20

• Jurisdiction: Indiana
• Art. 6: RAILROAD CROSSINGS
• Ch. 2.1: Railroad Grade Crossing Separations

Text

(a) The board, through its engineer, shall
keep an account of the total cost of the improvement, of all
disbursements made during the course of the work, and of all equitable
settlements between the parties contributing to the cost; but the total
cost may not exceed the estimate adopted in the resolution.
(b) From time to time during the progress of the work, and upon
completion of the improvement, the board shall make and adjust
equitable settlements and payments between the parties contributing to
the cost of the improvement so that the total cost of the improvement
is apportioned between the parties as determined by the board
consistent with this chapter.
(c) The equitable settlements and payments shall be made by the
board, either on its own initiative or on petition of any railroad
company charged with the work or any part of the work, or on petition
of either the Indiana department of transportation or of the county in
which the city is located, if the Indiana department of transportation
and the county participate in the cost of the improvement.
(d) Any adjustment or adjustments are binding on all of the parties
unless any aggrieved party, within sixty (60) days after the entry of an
order of equitable settlement made by the board, files the aggrieved
party's complaint to review the adjustment in the circuit court, superior
court, or probate court of the county in which the city is located. The
decree of the court is final. The railroad company or companies, shall,
upon the adjustment or decree, pay their portions of the cost as
directed. The Indiana department of transportation shall, upon the
adjustment or decree, pay its portion of the costs as directed, and the
payment shall be made out of the funds of the Indiana department of
transportation or funds appropriated for the use of the Indiana
department of transportation. The county council of the county in
which the city is located shall provide sufficient funds to pay the
county's share of the cost of the improvement, either by appropriating
the necessary amount of money from available funds on hand, or by the
sale of bonds. Upon each adjustment or decree, the county in which the
city is located shall pay the county's portion of the cost as directed by
the adjustment or decree out of the funds provided by the county
council. Upon each adjustment or decree, the city controller or
clerk-treasurer shall draw the city controller's or clerk-treasurer's
warrant or warrants in payment of the city's portion of the cost.
(e) All warrants may be drawn only against the special fund arising
from the special tax and special assessments provided for in this
chapter and from equitable settlements.
(f) The board may adopt supplemental resolutions and enter orders
from time to time as necessary to carry out the purpose of the
resolution.
[Pre-Local Government Recodification Citation:
19-5-14-20.]
As added by Acts 1980, P.L.8, SEC.70. Amended by
P.L.84-2016, SEC.43; P.L.156-2020, SEC.41.