Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-9-5-7 Enforcement by department
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Sec. 7. The Indiana department of transportation shall enforce this chapter. Formerly: Acts 1913, c.43, s.7. As amended by P.L.62-1984, SEC.132; P.L.384-1987(ss), SEC.91; P.L.18-1990, SEC.100.
Ind. Code § 8-10-5-1 Definitions
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Sec. 1. As used in this chapter: (1) "Port authority" means a port authority created pursuant to authority of this chapter. (2) The terms "port" or "harbor" may be used interchangeably and when used in this chapter shall mean any area used for servicing, storing, protecting, moor…
Ind. Code § 8-10-5-10 Modification, amendment, or extension of development plan
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Sec. 10. The board of directors shall, from time to time after the adoption of said official plan, have the power to modify, amend, or extend the same, provided that upon the making of any such modification, amendment, or extension thereof, the board of directors shall cause noti…
Ind. Code § 8-10-5-11 Modification, amendment, or extension of development plan;
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conclusiveness Sec. 11. The plan and any modification, amendment or extension thereof, when adopted by the board of directors after notice and hearing shall be final and conclusive and its validity shall be conclusively presumed. Formerly: Acts 1959, c.343, s.11.
Ind. Code § 8-10-5-12 Private enterprise; participation in construction and operation
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of facilities Sec. 12. The port authority shall foster and encourage the participation of private enterprise in the development of the port facilities to the fullest extent it deems practicable in the interest of limiting the necessity of construction and operation of such facili…
Ind. Code § 8-10-5-13 Revenue bonds; issuance and sale
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Sec. 13. (a) Whenever a port authority, which was created or which shall be hereafter created by a city, town or county acting as a singular government unit or which after its creation has come under the jurisdiction of a city, town, or county as a singular government unit, has b…
Ind. Code § 8-10-5-14 Miscellaneous provisions
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Sec. 14. Nothing contained in this chapter shall: (a) impair the provisions of law or ordinance directing the payment of revenues derived from public property into sinking funds or dedicating such revenues to specific purposes; (b) impair the powers of any county, township, or mu…
Ind. Code § 8-10-5-15 Bids and bidding; construction contracts and lease or sale of
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land or property Sec. 15. Contracts for the creation, construction, alteration, or repair of any building, structure, or other improvement undertaken by a port authority created in accordance with this chapter shall be let in accordance with IC 36-1-12. No lease or sale of any la…
Ind. Code § 8-10-5-16 Budget; rates and charges
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Sec. 16. The board of directors of a port authority shall annually prepare a budget for the port authority. Rents and charges received by the port authority shall be used for the general expenses of the port authority and to pay interest, amortization, and retirement charges on m…
Ind. Code § 8-10-5-17 Cumulative channel maintenance fund; establishment; tax
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levies; docking and launch fees Sec. 17. (a) The board of directors of any port authority may, by resolution, recommend to any municipal corporation or county that a cumulative channel maintenance fund be established under IC 6-1.1-41 to provide funds for the: (1) dredging of cha…
Ind. Code § 8-10-5-18 Bond of secretary; depositories; disbursement of funds
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Sec. 18. Before receiving any moneys, the secretary of a port authority shall furnish bond in such amount as shall be determined by the port authority, with sureties satisfactory to it, and all funds coming into the hands of said secretary shall be deposited by him to the account…
Ind. Code § 8-10-5-19 Emergency measure
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Sec. 19. This chapter is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity lies in the fact that the provisions of this chapter should become effective immediately in order t…
Ind. Code § 8-10-5-2 Ordinance or resolution authorizing creation; actions by or
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against; contracts Sec. 2. (a) Any municipal corporation, county, or any combination of a municipal corporation, municipal corporations, county, or counties may create a port authority and there may be created a port authority in a county having a population of more than four hun…
Ind. Code § 8-10-5-20 Contracts; purchase, lease, or acquisition of land or other
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property Sec. 20. The board of directors of a port authority may enter into such contracts or other arrangements with the United States government, or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the state government o…
Ind. Code § 8-10-5-21 Repealed
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Formerly: Acts 1959, c.343, s.21. Repealed by Acts 1975, P.L.86, SEC.4.
Ind. Code § 8-10-5-22 Application of section; annual watercraft fee; watercraft fee
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decal Sec. 22. (a) This section applies to a city that: (1) creates; or (2) participates in the creation of; a port authority created under this chapter that includes a channel that is ordinarily navigable to Lake Michigan. (b) The fiscal body of a city described in subsection (a…
Ind. Code § 8-10-5-23 Per launch watercraft fee; deposit of fees; watercraft fee decal
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Sec. 23. (a) The fiscal body of a city that creates or participates in the creation under this chapter of a port authority that includes a channel that is ordinarily navigable to Lake Michigan may impose a marina launch fee for a watercraft that is launched from a marina, dock, o…
Ind. Code § 8-10-5-3 Counties creating port authority; reimbursement of municipal
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corporations Sec. 3. Any county, which seeks to create a port authority shall, prior to such creation of a port authority, and prior to the exercising of the hereinafter described rights, compensate in full the municipal corporations included in the territory of such county, in a…
Ind. Code § 8-10-5-4 Surveys and examinations; dissolution of authority
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Sec. 4. Any municipal corporation or county creating or participating in the creation of a port authority may expend funds not otherwise appropriated to defray the expense of surveys and examinations incidental to the purposes of the port authority so created. Subject to making d…
Ind. Code § 8-10-5-5 Directors
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Sec. 5. (a) A port authority created in accordance with the provisions of this chapter shall be governed by a board of directors. Except as provided in subsection (c), members of a board of directors of a port authority created by the exclusive action of a municipal corporation s…
Ind. Code § 8-10-5-5.5 Expansion of jurisdiction; ordinances
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Sec. 5.5. Any port authority that is created under this chapter may expand its jurisdiction to include any other unit (as defined in IC 36-1-2-23) that desires to join the expanded authority. The legislative body (as defined in IC 36-1-2-9) of each unit that is in the authority s…
Ind. Code § 8-10-5-6 Officers and employees
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Sec. 6. A port authority shall employ and fix the qualifications, duties and compensation of such employees and professional help as it may require to conduct the business of the port and may appoint an advisory board which shall serve without compensation. Any employee may be su…
Ind. Code § 8-10-5-6.5 Retirement plans for port authority railroad employees
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Sec. 6.5. (a) A port authority operating a railroad under this chapter may establish a retirement plan for the benefit of the port authority's railroad employees and past railroad employees who are not members of the public employees' retirement fund. (b) If a port authority esta…
Ind. Code § 8-10-5-7 Jurisdictional area
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Sec. 7. The area of jurisdiction of a port authority shall include: (1) all of the territory of the political subdivision or subdivisions creating it; and (2) a facility that is owned or operated by the port authority, whether or not the facility is within the boundaries of the p…
Ind. Code § 8-10-5-8 Powers and duties
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Sec. 8. (a) A port authority is an instrumentality of the state and shall have full power and authority independent of any political subdivision to do the following: (1) Purchase, construct, sell, lease, and operate docks, wharves, warehouses, piers, and other port, terminal, or …
Ind. Code § 8-10-5-8.1 Railroad right-of-way; powers
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Sec. 8.1. In addition to the other powers granted under this chapter, the port authority may contract for, accept, or otherwise acquire and maintain railroad property and rights-of-way. The port authority may accept and expend funding from any source, and may issue revenue bonds,…
Ind. Code § 8-10-5-8.5 Powers of port authorities in certain counties
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Sec. 8.5. Port authorities created in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), shall have all the powers of port authorities provided under section 8 of this chapter except the power to exercise emin…
Ind. Code § 8-10-5-8.7 Bonding
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Sec. 8.7. (a) The board of directors may, by resolution, recommend to the governing body of the municipality or municipalities creating the port authority that they authorize general obligations, mortgage, or revenue bonds for any one (1) or more of the following purposes: (1) To…
Ind. Code § 8-10-5-8.9 Royalty contracts
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Sec. 8.9. With the approval of the governing body creating it, a port authority may sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns. Money received from these sources shall be deposited in the nonreverting capital fund of th…
Ind. Code § 8-10-5-9 Maps, plans, and profiles for future development; hearings;
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objections Sec. 9. The board of directors of a port authority shall prepare or cause to be prepared a plan for the future development, construction, and improvement of the port and its facilities, including such maps, profiles, and other data and descriptions as may be necessary …
Ind. Code § 8-1.5-5-1 Application of chapter
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Sec. 1. This chapter applies to each: (1) municipality; and (2) county that: (A) does not have a consolidated city; and (B) receives notification from the department of environmental management that the county will be subject to storm water regulation under 327 IAC 15-13; that ad…
Ind. Code § 8-1.5-5-1.5 Definitions
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Sec. 1.5. The definitions in IC 36-1-2 apply throughout this chapter. As added by P.L.282-2003, SEC.3.
Ind. Code § 8-1.5-5-10 Bond and interest redemption account; surplus
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Sec. 10. (a) The revenues set aside for the payment of the principal and interest of the authorized bonds shall be deposited and credited to a special account identified as "the bond and interest redemption account". (b) In determining the amount that is to be set aside for the p…
Ind. Code § 8-1.5-5-11 Depreciation account; use of revenues
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Sec. 11. The revenues set aside to the depreciation account shall be expended for: (1) the repair of the storm water system; (2) new acquisition, construction, extensions, or additions to the property of the storm water system; or (3) transfer to the bond and interest redemption …
Ind. Code § 8-1.5-5-12 Assumption and payment of liability upon acquisition of storm
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water system Sec. 12. (a) If the board acquires a storm water system and assumes the liability incurred by the seller to construct the storm water system, the principal and interest on the liability so assumed shall be paid from the bond and interest redemption account in the sam…
Ind. Code § 8-1.5-5-13 District bonds; nature
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Sec. 13. (a) The bonds of the district are: (1) a valid claim of the holders only against the bond and interest redemption account and the revenues of the storm water system; and (2) exempt from taxation in Indiana as provided by IC 6-8-5. (b) The bonds may be issued either as re…
Ind. Code § 8-1.5-5-14 Bond issue
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Sec. 14. A board acquiring a storm water system and paying for it and for extensions and betterments authorized at the time of acquisition may provide for the combined cost in one (1) issue of bonds. The board shall issue and secure the bonds in the manner provided in this chapte…
Ind. Code § 8-1.5-5-15 Use of bond proceeds; actions to compel performance; actions
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upon default Sec. 15. (a) All money received from bonds issued under this chapter shall be applied solely to the acquisition, construction, repair, and maintenance of the storm water system, the cost of the issuance of the bonds, and the creation of any reserve for the bonds. (b)…
Ind. Code § 8-1.5-5-16 Charge for services in a municipality; deposit of funds
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Sec. 16. (a) This section applies to a municipality. (b) The reasonable cost and value of any service rendered to the municipality by the storm water system by furnishing storm water collection and disposal shall be: (1) charged against the municipality; and (2) paid for as the s…
Ind. Code § 8-1.5-5-16.5 Charge for services in a county; deposit of funds
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Sec. 16.5. (a) This section applies to a county. (b) The reasonable cost and value of any service rendered to the county by the storm water system by furnishing storm water collection and disposal shall be: (1) charged against all the territory in the county, except territory wit…
Ind. Code § 8-1.5-5-17 Proposed projects; resolution; notice to property owners;
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preadoption contracts for purchase Sec. 17. (a) If, upon investigation, the board finds that: (1) the storm water system is insufficient to furnish the necessary collection and disposal of storm water to properly protect the public health and welfare and safeguard the property wi…
Ind. Code § 8-1.5-5-18 Remonstrances
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Sec. 18. (a) At the time fixed for the hearing or before the hearing, the following persons may file a written remonstrance with the board: (1) The owner of real property, rights-of-way, or other property to be appropriated under the resolution. (2) A person injuriously affected …
Ind. Code § 8-1.5-5-19 Appeal
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Sec. 19. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the storm water district is located. (b) A remonstrator desiring to appeal the …
Ind. Code § 8-1.5-5-2 "Board" defined
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Sec. 2. As used in this chapter, "board" means the following: (1) For a consolidated city, the board of public works established by IC 36-3-5-6. (2) For all other municipalities, the: (A) board of directors described in section 4 of this chapter; or (B) board that controls the th…
Ind. Code § 8-1.5-5-21 Bonds for proposed work projects
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Sec. 21. (a) To procure money to pay for the required property and the acquisition, erection, and construction of the proposed work, and in anticipation of the collection of the special benefit tax, the board may issue, in the name of the unit served by the department, special ta…
Ind. Code § 8-1.5-5-22 Special benefit tax
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Sec. 22. (a) To raise the necessary revenues to pay for the bonds issued and the interest on the bonds, the board: (1) after approval by the fiscal body of the unit served by the department, shall levy a special benefit tax upon all the property of the storm water district in the…
Ind. Code § 8-1.5-5-23 Approval of bond issuance by unit served by the department;
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applicability of IC 6-1.1-20 Sec. 23. (a) The board may not issue any bonds authorized by this chapter until it has secured the approval for the issuance of the bonds from the fiscal body of the unit served by the department. (b) IC 6-1.1-20 applies to the issuance of bonds under…
Ind. Code § 8-1.5-5-24 Combined sanitary sewer and storm water system projects
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Sec. 24. (a) Whenever work on a storm water system (that is combined with a sanitary sewer system) necessitates the repair or replacement of all or part of a sanitary sewer system, the entity that owns or maintains the sanitary sewer system shall assume a proportionate share of t…
Ind. Code § 8-1.5-5-25 Use of bond payment revenues; pledge of user fees; reductions
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in fees Sec. 25. (a) Revenues received by the department may be used to pay for bonds issued to acquire, construct, install, operate, and maintain facilities and land for storm water collection and disposal systems. (b) If there are bonds outstanding for which user fees were pled…
Ind. Code § 8-1.5-5-26 User fee pledges; effect of amendments or repeal of chapter
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Sec. 26. With respect to bonds for which a pledge has been made under section 25 of this chapter, the general assembly covenants with the holders of these bonds that: (1) this chapter will not be repealed or amended in a manner that will adversely affect the imposition or collect…