Indiana Code
Chapter 2.1. Railroad Grade Crossing Separations
8-6-2.1-17. Agreements Fixing Cost of Improvements Borne by Parties in Interest

Sec. 17. (a) The total cost of the improvement shall be borne by all of the parties in interest, in accordance with a written agreement or written agreements to be entered into by all the parties, fixing the portion of the total cost to be borne by each party subject, however, to the cost formula requirements set forth in section 4 of this chapter. The total cost shall be divided among and paid by the parties in accordance with the agreement or agreements. The portion of the total cost to be borne by the city does not constitute an indebtedness or obligation of the city in its corporate capacity, but shall be payable only out of special taxes and benefit assessments as provided by this chapter.
(b) The Indiana department of transportation, any city affected by this chapter, and the county in which the city is located may each respectively enter into a written agreement or written agreements.
(c) The agreement or agreements shall be executed on behalf of the Indiana department of transportation by the members of it and shall be binding upon the Indiana department of transportation. The agreement or agreements shall be executed on behalf of the city by the board and shall be binding on the city. The agreement or agreements shall be executed on behalf of the county by the board of county commissioners and shall be binding on the county.
(d) To the extent that funds of any federal agency may be available to the Indiana department of transportation for use in paying any portion of the total cost which may be chargeable to or assumed by the Indiana department of transportation, the Indiana department of transportation may use the federal funds, if permitted by applicable federal laws, for the payment of the cost or any portion of it, or for the payment of all or any portion of either the city's or county's share of the cost; or the Indiana department of transportation may use the federal funds for any combination of these purposes. The board may apply for, accept, and use grants, loans or other financial assistance from any municipal, county, state, or federal government agency. To the extent any funds of any federal agency may be available to the city or the county for use in paying the costs, the city and county may use the federal funds, if permitted by applicable federal laws, for the payment of any portion of the cost which is chargeable to or assumed by the city and county.
[Pre-Local Government Recodification Citation: 19-5-14-17.]
As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.40.

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