Title 8, UTILITIES AND TRANSPORTATION

Sec. 7. The department shall adopt rules governing the purchase of material and equipment to the extent that complete competition is ensured. As added by P.L.18-1990, SEC.218.

Sec. 8. The department: (1) shall require each bidder to submit a bid guarantee and a performance bond payable to the state with the bidder's proposal if the estimated cost of the project is more than two hundred thousand dollars ($200,000); and (2) may require a bidder to submit…

Sec. 9. The bid guarantee must be in the penal sum of an amount equal to five percent (5%) of the bid price. The performance bond must be in a penal sum set by the commissioner, but may not be less than an amount equal to the bidder's proposal or the contract price, where the bid…

Sec. 1. This chapter applies notwithstanding any other law and shall be liberally construed. As added by P.L.55-1994, SEC.1.

Sec. 2. As used in this chapter, "authority" means: (1) an authority or agency established under IC 8-1-2.2 or IC 8-9.5 through IC 8-23; (2) when acting under a referenced statute (as defined in IC 5-1.2-2), the Indiana finance authority established by IC 5-1.2-3; (3) only in con…

Sec. 3. As used in this chapter, "obligations" means bonds, loan contracts, notes, bond anticipation notes, commercial paper, leases, lease-purchases, installment purchases, certificates of participation in agreements or programs, other evidences of indebtedness, or other agreeme…

Sec. 4. As used in this chapter, "swap agreement" refers to: (1) an agreement (including terms and conditions incorporated by reference in the agreement) that is a rate swap agreement, basis swap, forward rate agreement, interest rate option, rate cap agreement, rate floor agreem…

Sec. 5. (a) Subject to subsections (b) through (d), an authority may enter into and modify, amend, or terminate one (1) or more swap agreements that the authority determines to be necessary or desirable in connection with or incidental to the issuance, carrying, or securing of ob…

Sec. 6. The provisions of this chapter shall not be construed as limiting or restricting the investment powers otherwise provided to the authority. As added by P.L.55-1994, SEC.1.

Sec. 7. With regard to entering into any swap agreement, the authority may enter into credit enhancement or liquidity agreements with payment, security, default, remedy, and other terms and conditions as determined by the authority. As added by P.L.55-1994, SEC.1.

Sec. 8. (a) With respect to all leases and contracts entered into by the authority with the Indiana department of transportation, the Indiana department of administration, a fund or program established under IC 5-1.2-10, or any other entity to support obligations, the lease or co…

Sec. 9. (a) This section does not apply in cases of bad faith or actual knowledge to the contrary by a party. (b) A party that enters into any swap agreement with an authority may rely on a representation by the authority that the authority is authorized or empowered to enter int…

Sec. 1. Records that are provided by an operator to the authority that relate to compliance by an operator with the terms of a public-private agreement are subject to inspection and copying in accordance with IC 5-14-3. As added by P.L.47-2006, SEC.39.

Sec. 1. (a) The authority may, by resolution, issue and sell bonds or notes of the authority for the purpose of providing funds to carry out the provisions of this article with respect to the development, financing, or operation of a project or projects or the refunding of any bo…

Sec. 2. (a) The authority may enter into a lease with the department or the operator, or both, of a project or projects financed under this chapter. The department may lease a project financed under this chapter to the authority or an operator under a public-private agreement. (b…

Sec. 3. The department shall pay lease rentals for leases that the department has entered into under this chapter that secure bonds issued under this chapter from any legally available revenues, including: (1) payments received from an operator; (2) federal highway revenues, subj…

Sec. 4. The bonds or notes issued under this chapter: (1) constitute the corporate obligations of the authority; (2) do not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation; and (3) are payable solely as to bo…

Sec. 1. Whenever an order has been lawfully made upon any public utility by the commission under the provisions of IC 8-1-2 or by the Indiana department of health under the provisions of IC 16-41-24, it shall be unlawful for such public utility, or any officer thereof, to pay any…

Sec. 2. Any person, firm, limited liability company, or corporation violating any provision of section 1 of this chapter shall become liable to a penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each offense, to be recovered in …

Sec. 1. (a) The owner or owners or their lessees of lands, mills, blast-furnaces, quarries, iron ore, coal mines, or other minerals, or other real estate or any company of persons who desire to construct a lateral railroad, not exceeding ten (10) miles in length, may locate and c…

Sec. 2. Such proposed lateral railroad shall not exceed one hundred (100) feet in width, except where excavations, embankments, or other necessity require it; nor shall the same pass through any burial ground, place of public worship, or any public building or dwelling-house with…

Sec. 3. It shall be lawful for any such person or persons, or company of persons, their agents or employees, desiring to construct such lateral railroad, to enter upon any land near or adjoining thereto, to search for stone, wood, gravel or other materials to be used in the const…

Sec. 4. It shall be lawful for any such person or persons or company of persons to connect such lateral railroad with any railroad or railroads incorporated or to be incorporated in this state, and also with any highway or public improvement; provided, that if the parties interes…

Sec. 5. If any of the owners of any intervening lands aforesaid shall be unknown, nonresident, or incompetent to act, then the occupant of such lands or the agent of such owner shall be deemed and taken to be the owner of such lands; and in case where such owner or agent is unkno…

Sec. 6. Such person or persons or company of persons, who shall determine to construct such lateral railroad, shall make out, under oath a certificate of the name or names of such person or persons, or company of persons, setting out the beginning, termination, and length of said…

Sec. 7. The viewers mentioned in this chapter shall each receive two dollars ($2) per day for their services, to be paid by said petitioners. Formerly: Acts 1869(ss), c.46, s.7. As amended by P.L.62-1984, SEC.59.

Sec. 8. It shall be lawful for any such person or persons, or company, or owner, or owners, or their lessees as referred to in section 1 of this chapter to construct such lateral railroad across public highways or roads. This chapter is to apply to all such lateral railroads and …

Sec. 1. Every railroad operating wholly or partly in Indiana must place and maintain a signal light or a reflectorized switch target upon each switch and each derail switch which is connected with the main track of the railroad. The signal light or the reflectorized switch target…

Sec. 1. (a) As used in this section, "mobile camp" means a temporary location where at least two (2) railroad maintenance of way employees are housed. (b) Every railroad company within the state of Indiana shall provide and adequately maintain a heated room or rooms at all termin…

Sec. 2. (a) Whenever the Indiana department of transportation secures reliable information, receives a complaint, or, because of reports made by the department's inspectors, has reason to believe that a railroad company in this state does not provide and adequately maintain the s…

Sec. 3. In addition to this chapter, the railroad company is subject to a rule adopted under IC 16-19-3-4.4. As added by P.L.83-2007, SEC.3.

Sec. 1. As used in this chapter, "department" refers to the Indiana department of transportation. As added by P.L.68-1988, SEC.11. Amended by P.L.18-1990, SEC.122.

Sec. 10. (a) The grant anticipation fund is established to construct and reconstruct state highways. The grant anticipation fund consists of distributions of federal highway revenues (as defined in IC 8-14.5-7-2) made under IC 8-23-3-11. (b) The grant anticipation fund shall be a…

Sec. 2. As used in this chapter, "fund" refers to the state highway road construction and improvement fund. As added by P.L.68-1988, SEC.11.

Sec. 3. As used in this chapter, "reconstruction" includes the improvement, enlargement, or extension of a highway, but does not include maintenance or repairs. As added by P.L.68-1988, SEC.11.

Sec. 4. As used in this chapter, "state highway" means any highway that is designated as part of the state highway system under IC 8-23-4. The term includes all bridges, tunnels, overpasses, underpasses, highway railroad crossings, other public railroad crossings as determined by…

Sec. 5. The state highway road construction and improvement fund is established for the purpose of constructing or reconstructing state highways. The fund consists of distributions received under IC 6-6-1.1-801.5. As added by P.L.68-1988, SEC.11.

Sec. 6. The fund shall be administered by the department. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. As added by P.L.68-1988, SEC.11.

Sec. 7. Money in the fund at the end of a state fiscal year does not revert to the state general fund. As added by P.L.68-1988, SEC.11.

Sec. 8. The department may use the money in the fund only to pay the following costs: (1) The cost of construction or reconstruction of a state highway. (2) The cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or equitable interests…

Sec. 9. (a) The crossroads 2000 fund is established for the purpose of constructing or reconstructing state highways. The crossroads 2000 fund consists of distributions received under IC 9. (b) The crossroads 2000 fund shall be administered by the department. The treasurer of sta…

Sec. 1. The safety, welfare, and protection of persons and property in the air and on the ground and of the maintenance of electronic communication within this state requires that the navigable airspace overlying the state and the approaches to and the air traffic pattern area of…

Sec. 10. Every permit granted by the department shall specify what, if any, obstruction markers, markings, lighting, or other identification shall be installed on or in the vicinity of the structure as a condition to receiving the permit. Any visual identification characteristics…

Sec. 11. (a) If the department determines that a permit should not be issued under this chapter, the department shall notify the applicant in writing of its determination. The notification may be served by delivering it personally to the applicant or by sending it by certified ma…

Sec. 12. In addition to any other remedy provided by law, the department may institute in any court of general jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of any rules or orders the department issued or ordered under this chapt…

Sec. 13. This chapter does not apply to any structure that existed on April 1, 1957. Any permit that was issued by the department under IC 8-21-7 (before its repeal on September 1, 1983) shall be treated after August 31, 1983, as though it had been issued under this chapter. As a…