A. The Department of Transportation may, or the board of county commissioners of any county or federally recognized tribal government shall, by agreement with the governing body of a municipality having a population less than five thousand (5,000) persons, construct, improve, repair or maintain any of the streets of the municipality.

B. The board of county commissioners may construct, improve, repair, or maintain any of the streets of a municipality having a population of less than five thousand (5,000) persons subject to agreement between the governing bodies of the county and the municipality without regard to whether the municipality has passed a sales tax with proceeds earmarked to construct, improve, repair or maintain any of the streets or roadways of such municipality.

C. The board of county commissioners may construct, improve, repair or maintain any of the streets of a municipality having a population of greater than five thousand (5,000) persons but less than fifteen thousand (15,000) persons if the municipality has passed a sales tax or fee with the proceeds earmarked to construct, improve, repair or maintain any of the streets or roadways of such municipality; provided, that the county has a population of less than one hundred fifty thousand (150,000) persons.

D. Notwithstanding any provision of this section, the board of county commissioners may construct, improve, repair, or maintain any of the streets of a municipality if the county has a population in excess of one hundred fifty thousand (150,000) persons according to the most recent Federal Decennial Census. The agreements entered into pursuant to the provisions of this subsection may be performed without regard to whether the municipality has passed a sales tax with proceeds earmarked to construct, improve, repair or maintain any of the streets or roadways of such municipality.

Added by Laws 1977, c. 256, § 36-113, eff. July 1, 1978. Amended by Laws 1982, c. 123, § 1, emerg. eff. April 9, 1982; Laws 1989, c. 162, § 1, operative July 1, 1989; Laws 2001, c. 22, § 1, eff. July 1, 2001; Laws 2003, c. 387, § 1, emerg. eff. June 4, 2003; Laws 2010, c. 266, § 1, emerg. eff. May 13, 2010; Laws 2012, c. 129, § 1, emerg. eff. April 24, 2012; Laws 2017, c. 23, § 1, eff. Nov. 1, 2017; Laws 2019, c. 375, § 1, eff. Nov. 1, 2019.