Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 3. A project under this chapter may include building a grade separation of the railroad if the department determines that is the best solution for the crossing. As added by P.L.218-2017, SEC.68.

Sec. 4. The department may seek financing by the authority under this article for a project approved under this chapter. As added by P.L.218-2017, SEC.68.

Sec. 5. The authority may issue bonds or notes to finance a project approved by the department under this chapter using lease rentals for bond or note repayments. However, the annual payments on all the bonds and notes outstanding may not exceed ten million dollars ($10,000,000).…

Sec. 6. The department shall make lease rental payments from the state highway road construction and improvement fund established by IC 8-14-10. As added by P.L.218-2017, SEC.68.

Sec. 1. Notwithstanding IC 5-1.2-9-27, or any other law, a project and tangible personal property used exclusively in connection with a project that are: (1) owned by the authority or a governmental entity and leased, franchised, licensed, or otherwise conveyed to an operator; or…

commonwealth Sec. 1.5. Notwithstanding IC 5-1.2-9-27, or any other law, any interest in a project, including all tangible personal property used exclusively in connection with a project, that is: (1) owned by: (A) the authority; (B) an adjacent state or commonwealth; or (C) a pol…

Sec. 2. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities. As added by P.L.47-2006, SEC.39.

Sec. 3. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in the project is not exempt from the application of the gross retail or use tax under…

local credit assistance Sec. 1. The authority or the department may do any combination of applying for, executing, or endorsing applications submitted by private entities to obtain federal, state, or local credit assistance for qualifying projects developed, financed, or operated…

local assistance; contracts Sec. 2. The authority or the department may take any action authorized by this article to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this article and may enter into any contracts required to re…

received from governmental entities Sec. 3. The authority or the department may agree to make grants or loans for any combination of the development, financing, or operation of a qualifying project from amounts received from the federal, state, or local government or any agency o…

Sec. 4. The financing of a qualifying project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement. As added by P.L.47-2006, SEC.40.

qualifying project Sec. 5. For the purpose of financing a qualifying project, the operator and the authority or the department may do the following: (1) Propose to use all or part of the revenues available to them. (2) Enter into grant agreements. (3) Access any designated transp…

Sec. 6. (a) For the purpose of financing a qualifying project, the authority may enter into agreements, leases, or subleases with the department or an operator, or both, and do the following: (1) Issue bonds, debt, or other obligations under IC 5-1.2-4, IC 8-15-2, or IC 8-15.7-9.…

Sec. 7. Public funds may be used for the purpose of financing a qualifying project and may be mixed and aggregated with funds provided by or on behalf of the operator or other private entities. As added by P.L.47-2006, SEC.40.

Sec. 8. For the purpose of financing a qualifying project, the authority and the operator may apply for, obtain, issue, and use private activity bonds available under any federal law or program. As added by P.L.47-2006, SEC.40.

state or a political subdivision Sec. 9. Any bonds, debt, other securities, or other financing issued for the purposes of this article shall not be considered to constitute a debt of the state or any political subdivision of the state or a pledge of the faith and credit of the st…

Sec. 1. Recognizing that (a) part of the national system of interstate and defense highways located in Indiana are used by persons residing throughout Indiana and the United States for intrastate and interstate travel; (b) the cost of relocation of utility facilities necessitated…

Sec. 2. When used in this chapter, the term: (a) "Utility" shall include all privately, municipally, publicly, or cooperatively owned systems for supplying communications, power, light, heat, electricity, gas, water, pipeline, sewer, sewage disposal, drain, or like service, direc…

Sec. 3. The cost of relocation of a utility facility is a cost of highway construction and shall be paid by the state in the same manner other costs of construction of the highway are paid. All relevant books, records, and accounts of any public utility to which a payment for a r…

Sec. 4. In the case of any such relocation of facilities, the utility owning or operating the same, its successors, or assigns, may maintain and operate such facilities, with the necessary appurtenances in the new location or new locations, for as long a period, and upon the same…

Sec. 5. Notwithstanding any other provisions of this chapter, the Indiana department of transportation may pay the initial cost of relocating a utility facility if all of the following conditions have been met: (1) The utility facility is owned by a political subdivision of this …

Sec. 1. A person operating or controlling any railroad shall equip each of its track motor cars with: (1) a windshield and a device for cleaning rain, snow, and other moisture from the windshield, which device shall be maintained in good order and so constructed as to be controll…

Formerly: Acts 1959, c.35, s.2. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 3. The Indiana department of transportation shall make the necessary investigations concerning compliance with the provisions of this chapter and cause to be filed by the proper enforcing agencies affidavits for the enforcement of this chapter. Formerly: Acts 1959, c.35, s.3…

Sec. 1. On and after March 8, 1913, it shall be unlawful for any person, firm, or corporation, or lessee or receiver of any person, firm, or corporation, owning or operating any line or lines of steam railroad in this state to place, attach, couple, or otherwise connect any car o…

Sec. 2. Any person, firm, or corporation, or lessee or receiver of any person, firm, or corporation owning or operating any line or lines of steam railroad in this state who shall violate any of the provisions of this chapter shall forfeit and pay to the state of Indiana the sum …

Sec. 1. This chapter applies to a city having a population of more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000). As added by P.L.56-1994, SEC.2. Amended by P.L.170-2002, SEC.65; P.L.119-2012, SEC.89; P.L.104-2022, SEC.65.

Sec. 2. (a) The definitions in this section apply throughout this chapter. (b) "Confined disposal facility" means a structure, an enclosure, a receptacle, or a disposal area established: (1) by an agency or instrumentality of the state or federal government; and (2) for the purpo…

Sec. 3. (a) There is established in each city to which this chapter applies a waterway management district. (b) The district includes all territory, including both dry land and water, within a distance of one-half (1/2) mile on either side of the center line of any waterway withi…

Sec. 4. (a) The district is a body corporate and politic that may sue or be sued and plead and be impleaded. The district has the powers and jurisdiction provided in this chapter. (b) The exercise by the district of the district's powers is an essential governmental function of t…

Sec. 6. (a) The district shall be governed by a board of directors consisting of seven (7) members, four (4) of whom are appointed by the executive of the city in which the district is formed, two (2) of whom are appointed by the governor, and one (1) of whom is appointed by the …

Sec. 7. (a) The board of directors shall meet in a public place within the city in which the district is formed after giving notice. (b) The board shall annually elect one (1) of its members as president and another member as vice president. The board shall designate a secretary …

Sec. 8. The board of directors of a district has and may exercise the following powers and duties: (1) To manage and supervise, to the extent permitted by the laws of the state or the United States, the development of waterways and of related roads, highways, bridges, locks, and …

As added by Acts 1981, P.L.88, SEC.13. Amended by Acts 1982, P.L.1, SEC.27. Repealed by P.L.86-1988, SEC.227.

Sec. 10. (a) Subject to the limitations imposed by this section, the local county road and bridge board may issue bonds in the name of the qualified county for the benefit of the local county road and bridge district. The bonds shall be issued for the purpose of raising money to …

Sec. 11. The face of each bond shall include a statement that the bond does not constitute a corporate obligation or indebtedness of the qualified county and that the bond principal and interest are payable only out of the revenues of the local county road and bridge district. As…

Sec. 12. All bonds and interest on bonds issued under this chapter are exempt from taxation as provided under IC 6-8-5-1. All general laws relating to: (1) the filing of a petition requesting the issuance of bonds; (2) the right of: (A) taxpayers and voters to remonstrate against…

Sec. 13. For the purpose of raising money to pay bonds issued under section 10 of this chapter as the bonds severally mature, and to pay all interest accruing on the bonds, the county council of a qualified county may, notwithstanding IC 8-18-8-5, impose a special tax on all real…

exemption; use Sec. 14. (a) A separate fund known as the local county road and bridge district bond fund is created for deposit of the following monies: (1) revenues collected from the tax imposed under this chapter; (2) any appropriation made under section 16 of this chapter; an…

Sec. 15. (a) All proceeds from the sale of bonds issued under this chapter shall be deposited in a separate fund known as the local county road and bridge district construction fund. Monies in the fund shall be used to pay for: (1) any lands or rights-of-way to be acquired for ro…

Sec. 16. The county council may annually appropriate other monies to the local county road and bridge district bond fund to pay bonds as they severally mature, and to pay interest on the bonds in the year following the appropriation. As added by Acts 1981, P.L.88, SEC.13.

Roads and Streets Sec. 17. Notwithstanding any other law, expenditures made from the local county road and bridge district construction fund are not subject to the provisions of the Geometric Design Guide for Local Roads and Streets. As added by Acts 1982, P.L.79, SEC.3. Amended …

As added by Acts 1981, P.L.88, SEC.13. Repealed by Acts 1982, P.L.1, SEC.71.

Sec. 3. The county council of a qualified county may establish a local county road and bridge board to be known as the Local County Road and Bridge Board of ___________ (insert the name of the qualified county) and a special taxing district to be known as the Local County Road an…

Sec. 4. (a) The local county road and bridge board consists of three (3) members appointed by the president of the county council of the county. (b) All terms of office begin on January 1 and end on December 31. Members of the board serve two (2) year terms. If a vacancy occurs, …

Sec. 5. (a) Whenever the local county road and bridge board determines that it is necessary for the general welfare of the persons residing within the local county road and bridge district and that it will be of public utility and benefit to the property in the district to carry …

Sec. 6. (a) A resolution adopted under section 5 of this chapter shall be made available for public inspection. The board shall publish notice of the adoption. The notice must contain a general description of the resolution, and it must indicate that the resolution and included m…

Sec. 7. (a) At or before the time fixed under section 6 of this chapter for a hearing, any interested or affected party may file with the board a written remonstrance against the proposed project, in whole or in part. At the hearing, which may be adjourned from time to time, the …

Sec. 8. If the county council of a qualified county approves a resolution submitted to it under section 7(b) of this chapter, the local county road and bridge board shall, for purposes of carrying out the project: (1) let contracts, in accordance with IC 5-17-1; (2) acquire real …