Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 3. (a) This section applies to Delaware County, Hamilton County, Hancock County, Johnson County, Madison County, and Marion County. (b) If a fiscal body of an eligible county adopts an ordinance under section 1 of this chapter, the county auditor shall certify the ordinance …

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.87.

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.88.

Sec. 6. Except as provided in section 9 of this chapter, if a county auditor certifies an ordinance under section 3 of this chapter, the county election board shall place the local public question on the ballot at the next general election for which the question may be certified …

Sec. 7. After an election on the local public question, the circuit court clerk of the county shall: (1) make a certified copy of the election returns; and (2) not later than five (5) days after the election, file the copy with: (A) the department of state revenue; and (B) the fi…

Sec. 8. The local public question is approved by a county if a majority of the county voters voting on the local public question vote "yes". The local public question is defeated by a county if a majority of the county voters voting on the local public question vote "no". As adde…

Sec. 9. If the local public question is defeated in a county, the fiscal body may adopt an ordinance under section 1 of this chapter to place another local public question on the ballot as provided in this chapter at a subsequent general election in the county. However, a local p…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.68-1988, SEC.12.

Sec. 11. "Public thoroughfares" means any facilities for the movement of vehicular traffic owned by any governmental entity other than the state. As added by P.L.68-1988, SEC.12.

Sec. 12. "Transportation systems" means any facilities for the movement of vehicular traffic owned, leased, or operated by the state or the authority. As added by P.L.68-1988, SEC.12.

Sec. 13. "Weighted average life" of an issue of bonds or notes means: (1) the sum of the products of the face amount of each maturity and the number of years to maturity (determined separately for each maturity and by taking into account mandatory sinking fund redemptions); divid…

Sec. 14. "Weighted average useful life" of a project or projects means: (1) the sum of the products of the cost of each asset comprising the project or projects and the useful life of the respective asset; divided by (2) the total cost of all the assets comprising the project or …

Sec. 2. "Authority" refers to the Indiana finance authority established by IC 5-1.2-3. As added by P.L.68-1988, SEC.12. Amended by P.L.235-2005, SEC.114; P.L.189-2018, SEC.81.

Sec. 3. "Bonds" refers to bonds of the authority issued under IC 8-14.5-6 or IC 8-14.5-7. As added by P.L.68-1988, SEC.12. Amended by P.L.246-2005, SEC.80.

Sec. 4. "Capitalized interest" means interest cost on bonds or notes before and during the period of construction of the project for which the bonds or notes were issued, and for a period not to exceed one (1) year after completion of construction. As added by P.L.68-1988, SEC.12…

Sec. 5. "Construction" means the construction, acquisition, reconstruction, improvement, and extension of a project. As added by P.L.68-1988, SEC.12.

Sec. 6. "Costs" as applied to any project includes any item or cost of a capital nature incurred in the construction of a project, including: (1) the cost of construction; (2) the cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or …

Sec. 7. "Department" refers to the Indiana department of transportation established under IC 8-23-2. As added by P.L.68-1988, SEC.12. Amended by P.L.18-1990, SEC.125.

Sec. 8. "Notes" refers to notes of the authority issued under IC 8-14.5-6 or IC 8-14.5-7 and includes any evidences of indebtedness of the authority except bonds. As added by P.L.68-1988, SEC.12. Amended by P.L.246-2005, SEC.81.

Sec. 9. "Project" means any: (1) express highway; (2) superhighway; (3) state highway; (4) public highway; (5) road; (6) street; (7) motorway; (8) bridge; (9) tunnel; (10) overpass; (11) underpass; (12) interchange; (13) entrance; (14) approach; or (15) other public way; that the…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.47-2006, SEC.39.

Sec. 10. "User fees" means the rates, tolls, or fees imposed for the use of, or incidental to, all or any part of a toll road project or a facility project under a public-private agreement. As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.109.

Sec. 2. "Authority" refers to the Indiana finance authority. As added by P.L.47-2006, SEC.39.

Sec. 3. "Department" refers to: (1) the Indiana department of transportation for freeway projects and toll road projects; or (2) the appropriate governmental entity, state agency, or instrumentality, whichever applies, for a facility project that is the subject of a public-privat…

Sec. 3.2. "Facility project" means a project to plan, design, acquire, construct, reconstruct, equip, improve, extend, expand, lease, operate, repair, manage, maintain, or finance a state park inn and related improvements at Potato Creek State Park that is or will be owned by or …

Sec. 3.3. (a) "Freeway project" means any nontolled, new or existing road, street, express highway, limited access facility, superhighway, or motorway for which a public-private agreement is entered into, including all bridges, tunnels, overpasses, interchanges, entrance plazas, …

Sec. 3.5. "Governmental entity" means: (1) any state; (2) any authority, board, bureau, commission, committee, agency, department, division, or other instrumentality established by any state, including a unit of local government; or (3) any entity established by the laws of anoth…

Sec. 4. "Offeror" means a private entity that has submitted a proposal for a public-private agreement under this article. As added by P.L.47-2006, SEC.39.

Sec. 5. "Operator" means a private entity that has entered into a public-private agreement with the authority. As added by P.L.47-2006, SEC.39.

Sec. 6. "Private entity" means any individual, sole proprietorship, corporation, limited liability company, joint venture, general partnership, limited partnership, nonprofit entity, or other private legal entity. A governmental entity may provide services to a private entity wit…

Sec. 7. "Project" means any of the following: (1) A toll road project. (2) A freeway project. (3) A facility project. As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.138; P.L.213-2015, SEC.107.

Sec. 8. "Public-private agreement" means an agreement under this article between a private entity and the authority under which the private entity, acting on behalf of the authority (and, where applicable, a governmental entity) as lessee, licensee, or franchisee, will plan, desi…

Sec. 9. "Request for proposals" means all materials and documents prepared by or on behalf of the authority to solicit proposals from offerors to enter into a public-private agreement. As added by P.L.47-2006, SEC.39.

Sec. 9.5. "Toll road project" has the meaning set forth in IC 8-15-2-4(4). As added by P.L.205-2013, SEC.140.

Sec. 9.7. "Unit of local government" means a: (1) county; (2) city; (3) town; or (4) township; located in Indiana. As added by P.L.91-2014, SEC.21.

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.47-2006, SEC.40.

Sec. 10. "Operate" or "operation" means to do one (1) or more of the following: (1) Maintain. (2) Improve. (3) Equip. (4) Modify. (5) Otherwise operate. As added by P.L.47-2006, SEC.40.

Sec. 11. "Operator" means a private entity that has entered into a public-private agreement with the department to provide services to or on behalf of the department. As added by P.L.47-2006, SEC.40.

Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13. As added by P.L.47-2006, SEC.40.

Sec. 12.5. "Governmental entity" means: (1) any state; (2) any authority, board, bureau, commission, committee, department, division, or other instrumentality established by any state; or (3) any entity established by the laws of another state in which the state of Indiana has be…

Sec. 13. "Private entity" means any combination of one (1) or more individuals, corporations, general partnerships, limited liability companies, limited partnerships, joint ventures, business trusts, nonprofit entities, or other business entities that are parties to a proposal fo…

Sec. 14. (a) Subject to IC 8-15.7-1-5, "project" means all or part of the following: (1) A limited access facility (as defined in IC 8-23-1-28). (2) A tollway. (3) Roads and bridges. (4) Passenger and freight railroad systems, including: (A) the costs of environmental impact stud…

Sec. 15. "Public-private agreement" means the public-private agreement between the operator and the department that relates to any combination of the development, financing, or operation of a qualifying project and is entered into under this article. As added by P.L.47-2006, SEC.…

Sec. 16. "Qualifying project" means one (1) or more projects developed, financed, or operated by an operator under this article. As added by P.L.47-2006, SEC.40.

Sec. 17. "Request for proposals" means all materials and documents prepared by or on behalf of the department to solicit proposals from offerors to enter into a public-private agreement. As added by P.L.47-2006, SEC.40.

Sec. 18. "Request for qualifications" means all materials and documents prepared by or on behalf of the department to solicit qualification submittals from offerors to enter into a public-private agreement. As added by P.L.47-2006, SEC.40.

Sec. 19. "Revenues" means all revenues, including any combination of: (1) income; (2) earnings and interest; (3) user fees; (4) lease payments; (5) allocations; (6) federal, state, and local appropriations, grants, loans, lines of credit, and credit guarantees; (7) bond proceeds;…

Sec. 2. "Affected jurisdiction" means the following: (1) Any county, city, or town in which all or a part of a qualifying project is located. (2) Any other public entity directly affected by the qualifying project. As added by P.L.47-2006, SEC.40.

Sec. 20. "Tollway" has the meaning set forth in IC 8-15-3-7. As added by P.L.47-2006, SEC.40.

Sec. 21. "Transportation plan" has the meaning set forth in IC 8-23-1-41. As added by P.L.47-2006, SEC.40.