Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-21-9-24 Proceeds of revenue bonds; interim receipts or temporary
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bonds; replacement of lost or destroyed bonds Sec. 24. The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the airport facility or airport facilities for which the bonds have been issued, and shall be disbursed in the manner and under the r…
Ind. Code § 8-21-9-25 Refunding bonds
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Sec. 25. The commissioner may, subject to IC 8-9.5-5-8(6) (repealed), provide for the issuance of airport revenue refunding bonds of the state payable solely from revenues for the purpose of refunding any bonds then outstanding which have been issued under this chapter, including…
Ind. Code § 8-21-9-26 Trust agreement to secure bonds
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Sec. 26. (a) In the discretion of the department, any bonds issued under the provisions of this chapter may be secured by a trust agreement between the department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within the state…
Ind. Code § 8-21-9-27 Rights of bondholders
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Sec. 27. Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given under this chapter may be restricted by the authorizing resolution or trust agreem…
Ind. Code § 8-21-9-28 Revenue bonds to constitute legal investments for various
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institutions and fiduciaries Sec. 28. Revenue bonds issued by the department under the provisions of this chapter shall constitute legal investments for any private trust funds, and the funds of any banks, trust companies, insurance companies, building and loan associations, cred…
Ind. Code § 8-21-9-29 Fixing and collecting fees, tolls, rentals, and other charges
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Sec. 29. The department may fix, review, revise, charge and collect fees, tolls, rentals and other charges for the use of the airport, airport facility, airport facilities and lands under the jurisdiction or control of the authority or services rendered by the department, and con…
Ind. Code § 8-21-9-3 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-30 Deposit of funds
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Sec. 30. All money received from any facility, pursuant to the authority of this chapter, whether as proceeds from the sale of bonds, from revenues, or otherwise, shall be held and accounted for by the department separate and apart from any other money of the department and shall…
Ind. Code § 8-21-9-31 Tax exemptions; tax assessments
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Sec. 31. (a) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenan…
Ind. Code § 8-21-9-32 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-33 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-34 Regional plan commissions; membership; powers and duties
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Sec. 34. (a) In the event that there is in existence or is later created a regional plan commission having jurisdiction over any portion of the airport site purchased or otherwise controlled by the department: (1) a representative appointed by the commissioner of the department s…
Ind. Code § 8-21-9-35 Conflicts of interest; void contracts; offense
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Sec. 35. A member, agent, or employee of the department who knowingly is interested in any contract with the department or in the sale of any property, either real or personal, to the department commits a Class A misdemeanor. All such contracts are void. This section does not app…
Ind. Code § 8-21-9-36 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1978, P.L.2, SEC.866. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-37 Powers and duties of department; application to chapter
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Sec. 37. The powers, duties, and functions of the department under IC 8-21-1 shall not apply to the operation of any airport created under the authority of this chapter. However, statewide regulatory powers of the department shall appertain thereto in aviation communications, air…
Ind. Code § 8-21-9-4 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-5 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-6 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-7 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-8 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-9-9 Repealed
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Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-23-9-0.1 Application of certain amendments to chapter
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Sec. 0.1. The amendments made to section 8 of this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007. As added by P.L.220-2011, SEC.206.
Ind. Code § 8-23-9-1 Opening of sealed bids
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Sec. 1. On the date and at the time and place named in the notice, the commissioner shall receive all sealed proposals submitted and shall publicly open the bids. The bids may be opened at any other public place that the commissioner may designate on the day the bids are to be op…
Ind. Code § 8-23-9-11 Actions on performance bonds
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Sec. 11. Suit may not be brought against the sureties on a bond until the expiration of sixty (60) days after the furnishing of a statement under section 10 of this chapter. If the indebtedness is not paid in full at the expiration of a period of sixty (60) days, the person, firm…
Ind. Code § 8-23-9-12 Performance bond form
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Sec. 12. The bond provided in this section must be in substantially the following form: "KNOW ALL PERSONS BY THESE PRESENTS, THAT ___________________ as principal and ___________________ as surety, are firmly bound unto the state of Indiana in the penal sum of an amount equal to …
Ind. Code § 8-23-9-13 Trust bids
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Sec. 13. (a) This section applies whenever a contract is awarded under this chapter by acceptance of bids, proposals, or quotations. (b) A bid, proposal, or quotation submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each: (1) beneficiary of the trust; and (2) set…
Ind. Code § 8-23-9-14 Partial payments; authorization
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Sec. 14. The department may authorize partial payments to any contractor performing any work under this chapter as the work progresses under the general rules of the department. As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-9-15 Repealed
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As added by P.L.18-1990, SEC.218. Amended by P.L.117-1995, SEC.2. Repealed by P.L.267-2001, SEC.2.
Ind. Code § 8-23-9-16 Acceptance of completed work; relief of contractor's liability
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Sec. 16. (a) After complete inspection has been made and it is determined that the work has been done according to plans and specifications, the commissioner of the department may approve and accept completed work in sections of not less than one (1) mile unless otherwise permitt…
Ind. Code § 8-23-9-17 Withdrawal and payment of retained percentages
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Sec. 17. At any time after the contract has been substantially completed, the contractor may be permitted to draw any part of the retained percentage withheld by the department in an amount determined by the department to be in the best interest of the state, provided the contrac…
Ind. Code § 8-23-9-18 Final payments; disputes
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Sec. 18. (a) Each contract entered into under this chapter must provide for final payment within one hundred eighty (180) days after final acceptance of the contract. However, final payment may not be made on any amount that is in dispute or the subject of a pending claim, but fi…
Ind. Code § 8-23-9-19 Repealed
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As added by P.L.18-1990, SEC.218. Repealed by P.L.267-2001, SEC.2.
Ind. Code § 8-23-9-2 Rejection of proposals
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Sec. 2. The commissioner may reject any and all proposals for cause. As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-9-20 Repealed
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As added by P.L.18-1990, SEC.218. Repealed by P.L.267-2001, SEC.2.
Ind. Code § 8-23-9-21 Contract form; approval
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Sec. 21. Every contract for highway work shall be made in the name of the state and signed by the commissioner and the contracting parties. The contract shall be submitted to and approved by the attorney general with regard to legality and form. As added by P.L.18-1990, SEC.218. …
Ind. Code § 8-23-9-22 Hourly wage rates
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Sec. 22. A bid submitted for the construction or betterment of a state highway must contain a statement stipulating the hourly rate for laborers. The hourly rate may not be lower than the hourly rate paid for common labor by the department. The hourly rate in the bid becomes a pa…
Ind. Code § 8-23-9-23 Residency requirement for unskilled laborers
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Sec. 23. It must be a condition of every contract let by the department for the construction of a state highway or bridge that all unskilled laborers employed on the work be residents of the county or counties in which the highway or bridge is being constructed if the labor is av…
Ind. Code § 8-23-9-24 Survey monuments; procedure upon removal or burial
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Sec. 24. If in the construction or maintenance of a state highway it is necessary to remove or bury a monument marking or evidencing an established corner, the department shall cause to be set in the pavement or right-of-way at the place where the monument was located a monument …
Ind. Code § 8-23-9-25 Nonperformance or abandonment of contracts; completion of
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work; costs and expenses Sec. 25. Any time a contractor: (1) fails to commence or carry forward; (2) improperly performs; (3) has abandoned; or (4) fails or refuses to complete; a contract executed under this chapter, the commissioner may relet the work or may complete the work. …
Ind. Code § 8-23-9-26 Claims against contractors; filing with department
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Sec. 26. A person, firm, limited liability company, or corporation to whom any money is owed for having performed labor or furnished material or other service in the construction of a highway or bridge in the state highway system or in the construction or repair of a building or …
Ind. Code § 8-23-9-27 Claims against contractors; mailing of copies
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Sec. 27. A claim under section 26 of this chapter must be filed in triplicate, and the department shall send a copy by certified mail to the contractor and to the surety on the bond of the contractor. The failure to mail copies to the contractor and surety does not affect the val…
Ind. Code § 8-23-9-28 Claims against contractors; retaining amount of claim
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Sec. 28. Upon the receipt of a claim under section 26 of this chapter, the department shall retain out of the amount due the contractor the amount of the claim. As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-9-29 Claims against contractors; allowance or rejection
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Sec. 29. Within twenty (20) days of the receipt of a copy under section 27 of this chapter, the contractor shall either allow or reject the claim. The contractor shall notify the department in writing of the allowance or rejection. As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-9-3 Lowest and best bidder; letting of contract; determination
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Sec. 3. Except as provided in sections 4 and 4.5 of this chapter, the commissioner shall let the contract for the construction, improvement, or maintenance of the road to the lowest and best bidder. The determination of the lowest and best bidder must include any requirement impo…
Ind. Code § 8-23-9-30 Claims against contractors; notice of rejection; commencement
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of actions Sec. 30. If a claim is rejected in whole or in part, the department shall immediately notify the claimant of the action by certified mail. Within ninety (90) days after receiving notice of a rejection the claimant must commence an action against the contractor or the s…
Ind. Code § 8-23-9-31 Claims against contractors; payment of amount adjudged due
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Sec. 31. If an action is filed and the department notified under section 30 of this chapter, the department shall continue to hold the amount until the final determination of the action. If it is adjudged that the amount or a part is due to the claimant, the department shall pay …
Ind. Code § 8-23-9-33 Claims against contractors; additional remedy
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Sec. 33. In addition to the remedy given in sections 26 through 31 of this chapter, a person, firm, limited liability company, or corporation may proceed against a contractor and surety as provided by section 10 of this chapter. As added by P.L.18-1990, SEC.218. Amended by P.L.8-…
Ind. Code § 8-23-9-34 Claims against contractors; filing of actions
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Sec. 34. Whenever a claim has been filed under this chapter with the department by a person, firm, limited liability company, or corporation who has performed labor or furnished material or other service in the construction, repair, or maintenance of a highway or bridge in the st…
Ind. Code § 8-23-9-35 Claims against contractors; mailing or publication of notice
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Sec. 35. Notice under section 34 of this chapter shall be mailed to the person, firm, limited liability company, or corporation by certified mail to the last known address. If the address of the person, firm, limited liability company, or corporation is unknown, the notice shall …
Ind. Code § 8-23-9-36 Claims against contractors; certificates of filing of actions
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Sec. 36. Upon the filing of an action under section 34 of this chapter, the person, firm, limited liability company, or corporation filing the action shall procure from the clerk of the court where filed a certificate under the seal of the court that an action has been filed with…